HomeMy WebLinkAbout11-27-1989 - Agenda Packet City Council - regular meetingPUBLIC ATTENDANCE
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CITY OF ORONO oiAAjtu-^MEETING DATE Ukn!%
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AGENDA FOR COONCrt* MEETING SET FOR MONDAY, KOVEMGER 71, 1989, 7:00 P.M.
Asterisk items are consideredto be routine items to be
enacted upon by one motion by the City Council under the
ConsentItem* on the agenda. Discussion will be held upon
request. Memoj regardingeach of the Agendaitems are
available in the Public Packet which may be obtainedupon
request from the Recorder.
COUNCILMEETINGROLLCALL
1. CONSENT AGENDA*NOV 2? 1989
APP.LOVAL OF MINUTES
2. Regular Meeting of November 1?, 19C9
3. Joint Meeting Council/Plannina Commission of November 8,
1989
CITY OF ORONO
LAKE MINNETONKA CONSERVATION DISTRICT REPORT
4, Lake Access/Lake Use
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.
5. #1406 Dennis Kumlin, 2665 Fox Street - Final Subdivision -
Resolution
6. #1452 Walter Pemberton, 1702 Shadywood Road - Variance
Second Review
7. #1463 Contel cf Minnesota, Tonkaview Lane/CountyRoad 19 -
Variance/ConditionalUse Permit - Resolution
8. #1468 George Pillsbury, 1300 Bracketts Point Road -
Variance/ConditionalUse Permit - Resolution
ENGINEER’S .-JPORT
9. 1989 Seal Coat Project - Final Payment
10. Plans and Specs - Well No. 3
11. Change Order #2 - Highway 12 - Sewer/Water
MAYOR/COUNCIL REPORT
12. Prod aim at ion - Drug Awareness Week December 3-9, 1989 -
Resolution
CITY ADMINISTRATOR’S REPORT
13. Highway 12 Corridor Study
14. 1990-1991 Assessing Services
15. City Facilities - Timetable
16. 1990 Budget
17. 1990 Schedule
18. DARE Status Report
19. 1990 Health Insurance
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 27, 1989, 7:00 P.M.
CITY ADMINISTRATOR'S REPORT Continued
20. 1990 Engineering Rates
21.
22.
23.
24.
25.
26.
Navarre Redevelopment Mectlr.g ’^ollow Up
Compensation Review - Building £ Zoning Administrator
Public Works ^Tupervisory Position Replr»ccm»nt
Comprehensive Plan Update
Set Public Hearing Date - Proposed Amendment to cuBC- <ear
XIV
Administrator*s Information
Highway 12 - 1992 Safety improvement
County Road 116
1355 Arbor Street
Water System Highway 12
West Hennepin Human Services
Suburban Hennepin Parks Appointment
2180 prospect Avenue
Art Center
CITY ATTORNEY'S REPORT
LICENSES (27*)
BILLS (28*)
ADJOURNMENT
UPCOMING ISSUES AND EVENTS
1IM » I——I 'll 1 — —ll^ MMP— — t
11/30 - Budget Meeting - Public Hearing - 7:00 P.M.
12/02 - LMCD Comp Plan Initial Review
12/11 - Last Council Meeting in ]J89
12/13 - Budget Meeting - Reconvene Date 7:00 P.M.
12/18 - No Planning Commission Meeting
12/25 - Merry Christmas
Joint Council/Planning Commission Meeting - Stubbs Pay Sewer
to be Established
COUNCIL MEETING
NOV 27 1989
MINUTES OP THE REGULAR ORONO COUNCIL MEETING
HELD NOVEMBER 13, 1989 CITY OF ORONO
ATTENDANCE 7:00 P.M.
The Council met or the above date with the following members
present: Acting Mayer Callahan, CounciImembers Nettles, Goetten
and Peterson. Mayor Grabek was absent. The following
represented the City staff: City Administrator Bernhardson,
P*»"lding & Zoning Administrator Mabusth, Public Works Director
nardson. Assistant Planning and Zoning Administrator Gaffron,
Police Chief Kilbo, City Attorney Barrett and City Recorder
Scheffler.
PRESENTATION TO LT. GARY C3ESWICK
Acting Mayor Callahan explained to Lieutenant Cheswick that
the Council had been asked to read a letter from a former Orono
resident, Ms. Judith Strom. Ms. Strom now works as an adolescent
chemical dependency counselor for Fairview Deaconess. Ms. Strom
dedicated a book she wr^te to Lieutenant Cheswick because he had
helped Ms. Strom when sh ' was having difficulty with one of her
children.
CONSENT AGENDA*
City Administrator Bernhardson requested that item #19 be
removed from the consent agenda.
It was requested by CounciImember Goetten that consent item
26 be removed from the consent agenda.
CounciImember Peterson requested the removal of consent
items #20, 22. CounciImember Peterson also requested the
opportunity to discuss a letter involving Woodhill Country
Club'sapplication for a liquor license for one of the Club's
facilities located in Orono.
It was moved by CounciImember Goetten, seconded by
CounciImember Peterson, to approve the Consent Agenda, with the
exception of items 19, 20, 22, and 26 which were removed from the
consent agenda and discussed in the order which they appear on
the agenda. Motion, Ayes=4, Nays=0, Motion passed.
APPPROVAL OP MINUTES*
It was moved by CounciImember Goetten, seconded by
Councilmember Peterson, to approve the Minutes of the October
23, 1989 Regular Council Meeting. Motion, Ayes=4, Nays=0, Motion
passed.
PLANNING COMMISSION COMMENTS
Planning Commission Representative, Maureen Bellows was
present and had no comments at this time.
PUBLIC COMMENTS
There were no comments from the Public.
MINUTBS OF THE OROHO COUNCIL MEETING OF NOVEMBER 13, 1989
ZONING ADMINISTRATOR'S REPORT:
1413 DANIEL HOFFMAN/J. VILTOFT
1135 HERITAGE LANE
LOT LINE REARRANGEMENT > RESOLUTION #2726
VACATION OF UTILITY EASEMENT - RESOLUTION #2727
Mr. Daniel Hoffman was present for this application.
City Administrator Bernhardson explained that the lot line
rearrangement would conform the properties to the way they are
being maintained.
It was moved by CounciImember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2726, approving the
subdivision of a lot line rearrangement for Daniel Hoffman and
Jorgen Viltoft. Motion, Ayes=4, Nays=0, Motion passed.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2727, approving the
vacation of the utility easement. Motion, Ayes=4, Nays=0, Motion
passed.
1442 THE LANDSCHUTE GROUP, INC.
3300BAYSIDB ROAD/375 LEAF STREET
FINAL SUBDIVISION
RESOLUTION #2728
Mr. Jon Monson was present for this application.
City Administrator Bernhardson informed the Council and
Acting Mayor Callahan that the issue of screening has been
adequately addressed.
Mr. Henry Furchner, 360 Leaf Street, said that he had been
against thi*^ project all along because of his concern for
drainage and the wetlands abutting Leaf Street. He said that he
had been assured by City staff that the City Engineer's
recommendations took the wetland into consideration.
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to adopt Resolution #2728, approving the
Final Subdivision for the Landschute Group. Motion, Ayes=4,
Nays-0, Motion passed.
1463 CONTEL OF MINNESOTA
TONKAVIBW LANE/COUNTY ROAD 19
VARIANCB/CONDITIONAL USE PERMIT
Mr. Peter Broziak of TKDA, Mr. Milton Seeman, Administrator
of Public Affairs for Ccntel and Wayne King were present for this
application.
City Administrator Bernhardson provided a brief explanation
of this application for a switching building.
Zoning Administrator Mabusth noted that the distance between
MINUTES OP THE ORONO COUNCIL MEETING OF NOVEMBER 1989
ZONING PILE #1463-CONTEL OP MINNESOTA CONTINUED
the McCurdy residence and the proposed switch building is
approximately 80*. Mabusth then asked Mr. Seeman for
clarification regarding the material proposed for the exterior of
the building.
Mr. Seeman explained that the original concept was to have a
brick-faced buiIding. However, once it was determined that the
building would be located in the existing brush, it was agreed
that orick was not necessary.
Mabusth asked how far into the shrubbery the building would
sit?
Mr. Broziak said that 5* or 6* of the building would extend
beyond the shrub. Broziak mentioned that the Planning Commission
had requested that screening be provided and that Contel intended
to use Blackhills Spruce for that purpose.
CounciImember Nettles asked about the noise that would
be emitted from the air conditioners.
Mr. Broziak replied that there will be two 5,000 b.t.u. air
conditioners which are comparable to a normal, household window
air conditioner. Only one air conditioner will be operating at a
time.
CounciImember Nettles asked what height the Blackhills
Spruce trees will be at the time they are planted?
Mr. Broziak replied that they would be 5* to 6*.
Nettles indicated that he preferred to have the building
totally shielded from view.
Planning Commission Representative Bellows said that full
screening was the intent of the Planning Commission's
recommendation.
CounciImember Goetten asked why Contel had chosen this
particular site for the switch building?
Mr. Seeman explained that Contel was concerned about the
major cable crossing from Three-Points underwater to Saga Hills.
He said that due to the low water, it would be easy for the cable
to be snagged by a power boat and put everyone out of service.
Mr. Seeman said that Contel determined it would be best to locate
a switch in the area where there was a need for service. He said
that the ideal locatioji would be the lot on the corner of
Tonkaview Lane and County Road 19 as that is where all of the
underwater cables terminate. However, Contel felt that placing
the switching building in that location would destroy a bulldable
lot. Mr. Seeman said that Contel discovered the area owned by
the Fairview Church and agreed to pave the gravel area and
construct a basketball standard in exchange for placement of the
MINDTBS OF THE ORONO COUNCIL MEETING OP NOVEMBER 13, 1989
ZONING PILE #1463“CONTEL OF MINNESOTA CONTINUED
switching building on Church property.
CounciImember Goetten asked City Administrator Bernhardson
to whom residents would address any concerns once rhe building is
completed?
City Administrator Bernhardson said that noise would more
than likely be the only complaint registered by any of the
neighboring property owners. He said unless something was
specifically set forth in the resolution, it would be difficult
to govern, as it would probably be below PCA guidelines for
noise.
CounciImeirber Goetten felt that due to the fact that the
switch building would be located in a residential area that
measures should be taken to mitigate as much impact to the
residents as possible.
City Administrator Bernhardson asked Mabusth if she knew
exactly how far away from the McCurdy residence the switching
building would be located?
Mabusth replied that it would be 90*.
Mr. Seeman said that Contel would be willing to turn the
building so that the elongated side would be east and west. He
said that the building would not be as far into the woods, but it
would put the air conditioning units on the east side. He said
that Contel would also prefer to place the Spruce trees around
the building rather than planting on the south side. He said
that following the Planning Commission’s recommendation would
mean planting trees in the gravel parking lot.
Councilmember Goetten asked if staff had any objections to
turning the building?
Mabusth said that she did not foresee any problem with such
a proposal.
Planning Commission Representative Bellows informed the
Council and Acting Mayor Callahan that the Planning Commission
had in fact asked Contel to turn the building so to locate the
air conditioner as far from the McCurdy residence as possible.
Bellows said that the Planning Commission was told that the
building could not be turned because of the location of the
incoming cable.
Mr. Seeman said t^.^t a sidewalk would be added to access the
building if it were t d.
Zoning Adminisl o Mabusth asked whether the Council would
like to see an amendec plan at their next meeting?
The Council and Acting Mayor Callahan agreed that they would
MINUTES OP THE ORONO COUNCIL MEETING OP NO^^EMBER 13, 1989
ZONING F/LE #1463-CONTEL OP MINNESOTA COKTxNOBD
prefer tc see an amended plan.
Mr. Seeman indicated that Contel was anxious to proceed
before the ground froze.
City Administrator Bernhardson suggested that the resolution
could be adopted this evening with the condition that final
landscaping approval be obtained at the November 27, 1989 Council
meeting.
Councilmember Goetten asked whether the tax forfeit land was
related to this application?
City Administrator Bernhardson replied that there v/as a
connection because part of the parking lot Contel would pave for
the Church does not belong to the Church. Bernhardson said that
it would be to the benefit of the Church if they could purchase
the other property. He said that the Park Commission had
previously indicated that they have no interest in this parcel
for a park and the City of Orono did not wish to purchase it for
other City purposes-
Mr. Seeman said that he would prefer to have approval given
for the building so that their contractors could begin work.
Mabusth said that she would like to be assured that when
Contel comes to the City for a building permit that a revised
survey is presen^ied showing that the 35* street setback is met
and that the building will not encroach any closer to the north
lot line.
Councilmember Nettles said that he was not unsympathetic to
Contel*s wish to proceed, but this evening's presentation was the
first opporuunity he had to hear what is being proposed. He
questioned why it was that Contel had not attempted to bring this
matter before the Council at an earlier date?
Mr. Seeman said that Contel had just received final approval
from other government agencies in June.
Acting Mayor Callahan noted that as of the Planning
Commission meeting c?nd up to this evening's meeting, Contel had
not indicated that they would be willing to turn the lilding.
Mr. Wayne King said that one of the reasons that Contel was
reluctant to turn the building because of the location of the
cables that must connect to the building. Mr. King said that he
had met with Mr. McCurdy and he had indicated that he did not
object to the location of the air conditioners as originally
proposed.
The Council and Acting Mayor Callahan indicated that they
would prefer to have the building turned and the landscaping plan
brought back to the Council for review at the November 27, 1989
MINUTES OF THE OROHO COUNCIL MEETING OF NOVEMBER 13, 1989
ZONING FILE 11463-CONTELOF MINNESOTA CONTINUED
Council Meeting.
It was moved by Acting Mayor Callahan, seconded by
CounciImember Goetten, to table this application. Motion,
Ayes=4, Nays=0, Motion passed.
1468GEORGE PILLSBURT
1300BRACKETTS POINT ROAD
VARIANCE/CONDITIONAL USE PERMIT
RESOLUTION
Acting Mayor Callahan stated that the applicant had
previously requested that this matter be tabled.
ENGINEER'S REPORT:
OLD CRYSTAL BAY ROAD BRIDGE
PLANS AND SPECIFICATIONS
CounciImember Goetten as.ced what the width of the bridge
will be?
Public Works Director Gerhardson replied that the width will
be approximately 44*, which will include sidewalks.
It was moved by Acting Mayor Callahan, seconded by
CounciImember Peterson, to direct the City Engineer to prepare
plans and specifications for replacement of the Old Crystal Bay
Bridge. Motion, Ayes*4, Nays«0, Motion passed.
CHANGE OPDER #1 HIGHWAY 12 SEWER AND WATER*
It was moved by CounciImember Goetten, seconded by
CounciImember Peterson, to approve the change order providing for
the extension of the Highway 12 sanitary sewer and water main
improvement project from October 15, 1989 to January 1, 1990.
Motion, Ayes=4, Nays=0, Motion passed.
MAYOR/COUNCIL REPORT:
There was no Mayor's report for this meeting.
CounciImember Goetten noted that there would be a major
decision made regarding Highway 12 at an upcoming meeting in
Willmar.
CITY ADMINISTRATOR'S REPORT:
1990 BUDGET - PRELIMINARY RESOLUTION #2729
It was moved by Acting Mayer Callahan, seconded by
CounciImember Peterson, to adopt the preliminary Resolution
2729, and establish November 30, 1989, 7:00 p.m. for the public
hearing date and December 13, 1989, 7;00 p.m. for the reconvening
date. Motion, Ayes=4, Nays=0, Motion passed.
MINUTES OF THE ORONO COUNCIL MEETING OP NOVEMBER 13, 1989
TAX FORFEITED PROPERTY
PAIRVIEW COVENANT CHURCH
City Administrator Bernhardson explained that the property
just east of the Contel property has been, in a "tax forfeit"
status since 1979. The City had released the property for public
sale. In 1987/1988 the City had a party interested in purchasing
the property and variances were granted to this party to allow
building. Shortly after the variances were granted, the party
decided not to go forward with the purchase. The Church has
asked the City to designate this parcel for park use only,
however that may not be a course that the City can take at this
poiriL. Hennepin County currently has the property for sale for
20,000.00 and there is approximately $5,000.00/$6,000.00 owing
for special assessments and taxes. The Park Commission reviewed
the property in 1979 and did not have an interest in the
property. Staff’s recommendatioii at thi® cime is to refer the
property back to the Park Commission to see whether their opinion
has changed and bring back their recommendation to Council for
their decision.
Mr. Fred Abrahamson, Chairman of the Fairview Covenant
Church, said that he had no knowledge that the recreation area
encroached on other property. He said that he does not want the
Church to lose the ability to use the tax forfeit property.
It was moved by Acting Mayor Callahan, seconded by
CounciImember Goetten, to refer this matter to the Park
Commission for the review of the request and to report back to
the Council. Motion, Ayes=4, Nays=0, tion passed.
STUBBS BAY SEWER
City Administrator Bernhardson asked Assistant Planning and
Zoning Administrator Gaffron if there were currently any problems
with failing septic systems on Cygnet Place.
Gaffron replied that to the best of his knowledge there were
no failing systems currently, but replacement systems have been
installed for approximately half of the properties in that area
over the last ten years due to past failures.
Bernhardson explained the various options available
regarding the inclusion/exclusion of certain areas in the sewer
project.
CounciImember Goetten asked about Oxford Road and the need
to sewer around the lakeshore. Goetten believed that the i. d to
sewer around the lakeshore is a va *d reason to sewer property
zoned 2-acre. Goetten also believe.^ j.at Sussex Square should be
omitted from the study. Goetten questioned whether it would be
necessary to amend the Comprehensive Plan if the MUSA line were
to be extended.
Bernhardson replied that the Stubbs Bay area was identified
within the Comprehensive Plan for potential sewer.
MINUTES OP THE ORONO COUNCIL MEETING OF NOVEMBER 13, 1989
STUBBS BAT SEWER CONTINUED
CounciImember Goetten indicated that should any rezoning be
done, the City should rezone all of the 2-acre zoning areas which
have recently been sewered.
Goetten also ques'‘ ‘oned whether the Comprehensive Plan was
due to be reviewed for x990.
Bernhardson replied that he would look into that matter
further and report back.
Planning Commission Representative Bellows did not believe
it would be beneficial to rezone lakeshore property for the
purpose of sewering lakeshore property.
Bernhardson said that issue was brought forth by the
lakeshore residents.
CounciImember Peterson concurred with Bellows and Goetten
that rezoning around the lake would be unwise. Peterson asked
whether the Planning Commission would be invited to the upcoming
meeting regarding Stubbs Bay sewer.
CounciImember Goetten asked City Attorney Barrett if the
City could legally ask residents to sign a waiver of appeal?
Barrett replied that the City could proceed in such a
manner.
Acting Mayor Callahan believed that the next step for the
City is to have another meeting and suggested bringing this
matter back in December for consideration of a meeting date.
It was moved by Acting Mayor Callahan, seconded by
CounciImember Nettles, to bring this matter back for
consideration at the December 11, 1989 Council meeting. Motion,
Ayes*4, Nays=0, Motion passed.
WEST HENNEPIN HUMAN SERVICES PLANNING BOARD
RESOLUTION #2730
CounciImember Goetten asked whether support from the Cities
would be indicated in the form of a letter to Hennepin County?
Bernhardson said that there was a draft resolution included
in the packets of information that, if adopted, would be sent to
Hennepin County.
CounciImember Goetten indicated that she would like to urge
the Council to send a letter to the County in addition to a
resolution.
Bernhardson said that he could send both a letter and a copy
of the resolution.
It was moved by CounclImember Nettles, seconded by
MINUTES OP THE ORONO COUNCIL MEETING OF NOVEMBER 13r 1989
WEST HENNEPIN HUMAN SERVICES PLANNING BOARD CONTINUED
CounciImember Peterson, to adopt Resolution #2730, expressing
Council's interest in continued County funding for West H'^nnepin
Human Services and that Council send a letter to Hennepin County
reiterating their support. Motion, Ayes=4, Nays=0, Motion
passed.
WATER SYSTEM DEVELOPMENT
City Administrator Bernhardson said that the contractor for
this project has provided the City Attorney with the necessary
documents to begin work. Bernhardson advised that the initial
drilling for the water for the well was successful and the
interim well is in place. Discussions with the City of Medina
are taking place with regard to the possibility of an extension
and interconnection with Orono's system.
CounciImember Goetten asked for clarification regarding
Bernhardson*s reference to an ordinance amendment.
Bernhardson explained that a precondition for rezoning in
the Highway 12 areas is sewer capacity improvements. Water
capacity was not included as a precondition and City staff
believes that it should be. An ordinance amendment would be
required for that inclusion and will be initiated with the
Planning Commission.
This was an information item and there was no motion.
CHRISTMAS TREE LIGHTING - NAVARRE
This was an information item and there was no motion.
EMERGENCY PREPAREDNESS SIREN BIDS*
Acting Mayor Callahan requested approval from tne Council to
discuss this subsequent to it being approved as a consent item.
The Council agreed.
Acting Mayor Callahan asked whether a limitation had been
placed on the expenditure for an emergency preparedness siren?
Bernhardson said that the City had requested more than one
price quotation. Chief Kilbo had expected the bids to come in
around $15,000.00. They had received one quotation, and the bid
came in substantially higher than the quote. Bernhardson said
that was why the City was rejecting this bid. Bernhardson said
that he would see what funding was available and would report
back.
Acting Mayor Callahan indicated that he would not be in
favor of exceeding the $12,500.00 that Chief Kilbo indicated he
had available in the budget.
It was moved by CounciImember Goetten, seconded by
Counci Imember Peterson, to reject all bids for the installation
of the Emergency Preparedness siren. Motion, Ayes«4, Nays=0,
Motion passed.
HIHUTES OF THE ORONO COUNCIL HEBTIKG OP NOVEMBER 13, 1989
1949 EAGERNESS POINT ROAD HAZARDOUS BUILDING
RESOLUTION #2731*
It was moved by CounciImember Goetten, seconded by
CounciImember Peterson to adopt Resolution #2731, commencing with
hazardous building proceedings for 1949 Fagerness Point Road.
Motion, Ayes«4, Nays*0, Motion passed.
ASSESSING SERVICES 1990-91*
It was moved by CounciImember Goetten, seconded by
CounciImember Peterson, that the Council accept the information
presented, tabling consideration until the November 27, 1989
meeting. Motion, Ayes=4, Nays=0, Motion passed.
HAYZATA COUNTRY CLUB/HAUSER ROAD AGREEMENT
RESOLUTION 2732
Bernhardson informed the Council that subsequent to them
receiving the draft resolution on Thursday, the parties involved
had requested four revisions to that draft, Berhardson said that
one change is the recognition of an existing Minnegasco easement,
secondly was the request for assurance that all subdivisi'-n
requirements had in fact been met; the third issue involves the
legal description used for previous applications for conditional
use permits by the Wayzata Country Club. The legal description
used had included the Hauser property and the City is attempting
to say in the resolution that the Hauser property be excluded.
The last issue is whether the City Administrator or the Council
should determine when the road is to be constructed. The parties
are requesting that only the Council make that decision.
Bernhardson said that the City would recommend approval of the
resolution with those revisions requested. Bernhardson referred
to an earlier question by CounciImember Nettles regarding any
foreseeable problems with delaying the acquisition of the outlet.
Bernhardson said that the City preferred to delay acquisition of
the outlet until such time that it is needed.
City Attorney Barrett repliei that language had been
included in the resolution that compels the parties to comply and
file notice of the City's claim so that subsequent property
owners would know of the claim.
It was moved by Acting Mayor Callahan, seconded by
CounciImember Nettles, to adopt Resolution #2732 as drafted
reflecting the revisions as noted by City Administrator
Bernhardson. Motion, Ayes=4, Nays=*0, Motion passed.
DRUG AWARENESS RESISTANCE EDUCATION (DARE) PROGRAM STATUS
CounciImember Peterson questioned v'hether the appointment of
a new counselor was the reason why the DARE program for the Orono
Schools has been delayed?
Bernhardson said that the reason for delaying the program
has not been discussed.
Peterson questioned whether the allocation of Federal Grant
monies would affect the program.
MINTTTES OP THE ORONO COUNCIL MEETING OF NOVEMBER 13, 1989
DARE PROGRAM CONTINUED
Bernhardson replied that the DARE Program could be initiated
without Federal Grant monies.
Ms. Rosemary Schauer, said that her daughter was in 7th
grade and was participating in the DARE program through the Mound
Schools. She said in her opinion the program was excellent and
urged Orono nitiate it as soon as possible.
Counci Goetten said that the Council and the City had
been attempu^i. to initiate the program but had net with
resistance from the School. She said that she was very
disappointed.
It was moved by CounciImember Goetten, seconded by
CounciImember Peterson, to accept the information regarding the
status of the DARE program inquiry. Motion, Ayes=4, Nays=0,
Motion passed.
COUNTY ROAD 116 - ENVIRONMENTAL IMPACT*
It was moved by CounciImember Goetten, seconded by
CounciImember Peterson, to acknowledge receipt of the
environmental assessment worksheet for County Road 116. Motion,
Ayes=4, Nays=0, Motion passed.
DEBORAH DRIVE - HOLD HARMLESS AGREEMENT
Counci Imember Peterson indicated tl'.at she had not pulled
this matter off of the consent agenda because she was opposed to
the hold harmless agreement, she was not. Peterson said that she
was not at the meeting when the speed bumps for Deborah Drive
were approved, and she would not have voted in favor of them.
It was moved by Counci Imember Nettles, seco.ided by
CounciImember Goetten, to approve the Hold Harmless Agreenent and
to direct staff to obtain the necessary signatures f: om the
homeowners of Deborah Drive. Acting Mayo:r Callahan in«licated
thathe too would not have voted in favor of the speed buirps, but
felt that now they were in place, the Hold Harmless Agreesent was
necessary. Motion, Ayes=3, Peterson, Nays, Motion passed.
NAVARRE REDEVELOP’lENT MEETING*
It was moved by CounciImember Goetten, seconded by
CounciImember Peterson, to accept the information regarding the
Navarre Redevelopment Meeting for November 18, 1989, 9:00 a.m. at
the Gray Freshwater Biological Institute. Motion, Ayes«4,
Nays^O, Motion passed.
ADMINISTRATOR'S INFORMATION*
It was moved by CounciImember Goetten, seconded by
Councilmember Peterson, to accept the City Administrator's
Information regarding: Highway 12 Feasibility Study; Highway 12
1992 Safety Improvement; 1972 Shadywood; 3536 Lyric Avenue; Fall
Clean Up Status; Summary of Receipts and Disbursements -
September; Electronic Funds Transfers; Goal Setting Status.
Motion, Ayes=4, Nays*=0, Motion passed.
MINU1BS OF TBS ORONO COUNCIL MEETING OF NOVEMBER 13, 1989
CITY ATTORNEY’S REPORT:
City Attorney Barrett indicated that he had no report.
LICENSES*
It was moved by CounciImember Goetten, seconded by
Councilmember Peterson, to approve the following licenses:
Gambling: Art Cei**-er of Minnesota
Sell Raffi? Tickets for
June 28, 1990 Event
One Day Set Up: Art Center of Minnesota
Holiday House
Wednesday, November 29, 1989
Mo-* ion, Ayes=4, Nays=0, Motion passed.
BILLS
Councilmember Goetten inquired about the All Star Pro Golf
Company Jackets.
Public Works Director Gerhardson explained that they were
purchased to sell at the golf course.
Councilmember Goetten also inquired about the expense
involved for a seminar attended by Chief Kilbo.
City Administrator Bernhardson replied that the conference
lasted for 4 or 5 days.
Goecten asked Bernhardson who attended a conference at the
Sunwood Inn in St. Cloud and for what purpose?
Bernhardson replied that Finance Director Kuehn had attended
a Minnesota Finance Officers Association conference. (This was
in inccorect stater ent as Police Lieutenant Moran attended a
conference at the Sunwood Inn in St. Cloud.)
It was moved by Councilmember Goetten, seconded by Acting
Mayor Callahan, to approve payment of the All Funds Accounts.
Motion, Ayes=4, Nays=0, Motion passed.
MISCELLANEOUS
Councilmember Peterson inquired about the notation "non-
conrorn'ing use permit" indicated on a document regarding the
Wayzata Golf Course.
Assistant Planning and Zoning Administrator Gaffron
clarified that the City of Orono previously referred to certain
categories of Conditional Use Permits as Non-Conforming Use
Permits.
Zoning Administrator Mabunth said that "non-conforming use"
was a term designating uses thot were not specifically listed in
the City Zoning Code.
MINUTES OF TRjc: ORONO COUNCIL MEETING OF NOVEMBER 13, 1989
MISCELLANEOUS CONTINUED
Councilmember Peterson asked whether one Country Club would
still be required to receive approval from the State Board for
their liquor license?
Bernhardson repliedthat all l.’quor licenses had to be
approvedby the State Board.
vV«AA***«*««A4<^**************
ting Mayor Callahan said that he had read the
Env ‘ -‘mental Assessment Worksheet under t:^\on for the Minnetonka
Bo*' *’ *5 Orono Dock Expansion. Calla> ^aid that he was not
r that the author of the report what he was talking
ab».». said that the footage of lakeshore on Lake Minnetonka
used • ;stify the dock expansion was not taken along Tanager
Lake where the expansion is to occur.
ADJOURNMENT 8:40 P.M.
It was moved by CounciImember Peterson, seconded by
CounciImember Nettles, to adjourn the Regular Council Meeting at
8:40 p.m. Motion, Ayes>=4, Nayp^O, Motion passed.
James R. Grabek, Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
COUNCIL MEETING
NOV 27 1989
MINUTES OF THE JOINT MEETING OF COUNCIL Gl^ OF ORONO
PLAINING COMMISSION HELD NOVEMBER 8, 1989
3
ATT2NDANCB 6:20 P.M.
The Council and Planning Commission met on the above
date with the following members present: Mayor Grabek,
CounciImembers Goetten, Nettles, Paterson and Callahan. Planning
Commission members Ed Cohen, Edward Brown and Cheu*les Kelley.
The following represented the City staff: City Administrator
Bernhardson, Public Works Director Gerhardson, Police Chief
Kilbo, Building and Zoning Administ»*^' Mabusth, Assistant
Planning and Zoning Administator Gaf'/ • . linance Director Kuehn,
Building Inspector Oman and City C ^ lin. Also present were
Carolyn Drude, Ehlers and Asso«. ' -s; David Kroos and Jack
Boarman, Boarman and Associates ar.u Rosemary Scheuer from the
Laker/Pioneer newspaper. Councilmember Goetten left at 7:30 P.M.
Mayor Grabek stated the purpose of tonight's meeting was to
diicuss the overall issues of a city facility stating that
comments were welcome.
City Administrator Bernhardson stated that the Building Inspector
had prepared a survey of current structures which included code
violations and functional problems. He introduced David Kroos
and Jack Boarman.
SUMMARY OF COMMENTS/CITY HALL TOUR
David Kroos reviewed each of the four facilities visited
in the tcur. He stated the intent tonight was to review
different quality levels. Starting with South Lake Minnetonka
Public Safety which was a very simple and economical building by
design of the City. Construction cost was approximately $65.00
per square foot.
Champlin was a campus typewhich included new construction and
remodeling of existing buildings. The average construction cost
was approximately $63.00 per square foot, if built new the
construction costs would be approximately $75-80.00 per square
foot.
Mendota Heights structure was viewed as residential in style. He
noted this city budgeted monies for art work and furniture which
enhanced the image they wanted to create. Consl.ruction cost was
approximately $76.24 per square foot.
Savage used a lot of wood in the Council Chambers which became
the ®ocal point of the structure. Construction cost was
approximately $68.00 - $70,00 per square foot.
Mayor Grabek asked for opinions from others and the qualitv of
construction they would like to see.
Charles Kelley asked if the estimated square footage costs
JOINT •MEETING OF COUNCIL AND PLANNING COMMISSION
HELD NOVEMBER 8, 1989
included the furnishings. Kroos stated that $10.00 per square
foot for City Hal 1/Police/Administr ation would be a good workable
estimate for furnishings. Good construction costs for a Public
Works facility would be $40-$45.00 per square foot.
Counci 1raember Callahan asked if these figures included
landscaping. Kroos stated this included site grading only.
Mayor Grabek stated it was his opinion that a new facility should
be in the range ot Champlin and Mendota Heights. He stated he
would like to see the Council Chambers utilized for a public
meeting room and the Police Department should be of quality that
will withstand the use of that facility. Stating he felt quality
of construction should be in the $80-85.00 per square foot range.
Stating there shout'd be room for future growth. In adddition he
would like constii.tion to accommodate lateral additions and a
second story so ti.at is available for expansion in the future.
Mayor Grabek asked if anyone disagreed with this opinion.
Councilmember Nettles stated he felt the same and was impressed
with Charaplin's facility. He stated that if the facility is
built on Highway 12 it would make a statement of what shoul»
in that area. In addition the construction should be such t.
it would withstand wear over the years.
Ed Cohen asked if there was any correlation between city
population to city staff size. Kroos stated this can be done, by
looking at what the peculation will be in 1995, 2000 and 2010 and
comparing your city with other similar municipalities taking
into account different governmental structure and model. Cohen
stated if you build, build with JO to 40 years in mind for a
maximum function so that it is not outgrown in 5 years.
Jack Boarman stated he would put together a pro forma of all
costs; costs for phone system, moving costs, signage, art work -
everything making an extensive list so that everything is
identified to put a cost to it regardless of who is responsible
for it. Stating this will help you in knowing the amount of
funds needed. Mayor Grabek gave direction to the architects and
staff to proceed to the next step, to have a facility in the
range cf $80-85.00 per square foot and planned space for growth
that is ^propriate for a city our size.
METHOD OF FINA14CING
Mayor Grabek opened up for discussion the method of
financing .
Administrator Bernhardson stated the^e was financing information
in a memo prepared for Council. Bernhardson stated for
discussion, if a facility was to be constructed for $3
JOINT MEETING OF COUNCIL AND PLANNING COMMISSION
HELD NOVEMBER 8, 1989
million we would have enough cash on hand to do that. A second
way to do that was to go for general obligation bonds, which
would require a referendum and the third way which is addressed
in the memo is the lease purchase and a variation of that which
is the installment purchase contract. The advantages to those
are that if you have the cash that you can make money during 10,
15 or 20 years which you have bonded, you can actually make about
a percent or a percent and half on your money in a decreasing
amount, if you are bonding at 6 1/2, 7 or 7 1/2% and you are
investing at 8 or 8 1/2% so you actually make some money. This
would also give you some flexibility with that money, if you
have some up and down years you still have money available to
you.
Edward Brown asked if the building cost $2 1/2 million cind the
City had $2 1/2 million in a building fund, is there any reason
not to take the $2 1/2 million to build the building and not pay
any interest. Bernhardson indicated that if you could invest the
money at a greater rate than what you are borrowing it does two
things, you make money over the life of the bond and secondl it
does give you flexibility to borrow from that and pay it bac if
you have an economic downturn in two or three years. Mayor
Grabek stated this is a philosophical question. If you've got
only $2 1/2 or 3 million in cash you need to keep a buffer.
Nettles asked if the amount in our reserves affected the city's
bond rating. Carolyn Durde stated that Moody's basic philosophy
is "more is better and it should be more than last year".
Stating it is very difficult to pin them down as to philosophy as
to what the fund balance should be. They do not like to see a
fund balance lower than the previous year. They look at
everything from a planning standpoint. Nettles said assuming
that we are going to bond part and pay off part out of the
reserves, what would be your suggestion be as to how much of
each, would you say 50 - 50 or what. Durde stated that we should
take a look at other things that the City will be doing, more of
an analysis would need to be done to see what you may need money
for. In the overall scheme of things in Minnesota your borrowing
ability is relatively flexible, but there is a limited number of
things that you can borrow money for. A new city facilitie
possibility was brought to Moody's attention prior to the city't>
AA-1 rating assignment, so this would not be a surpirse, they are
aware that this is coming up.
Ed Cohen stated assuming that a site has been selected, is this
site paid for? Grabek stated that the only site paid for were
the Crystal Bay site and the Orono sewer plant. Cohen asked if a
study had been done as to what the City would receive for these ,
sites when sold. Bernhardson stated there is some off set for
selling the Crystal Bay site and part of the sewer plant site.
Kelley stated thac leasing makes more sense, but it is hard to
tell without more economic information. One of the attractions
JOINT MEETING OF COUNCIL AND PLANNING COMMISSION
HELD NOVEMBER 8, 1989
of leasing is that you do not have to go for a referendum but
that makes me uncomfortable because it sounds like we are trying
to slip around the public. Grabek stated we can offset that by
giving them information at public meetings. Grabek agreeded this
will be one of the most difficult decisions the City has to make.
Stating that he had not talked to anyone who doesn't realize the
need for a facility. I think if you put it on a referendum and
talk about it as a normal course of business and is explained to
the public how it is going to be paid for, once we decide, where
the building is going to be, and what it will look like and give
them enough opportunities to come and talk to us they will come
to understand that what we are trying to put here is prudent and
it is the responsibility of a city government. I think to make a
decision the Council should be given a number of different
alternatives for financing along with the direction alreac iven
of the kind of a buildinc are looking at.
Bernhardson stated that we have a range of quality and staff can
put a package together as to what it will cost, take out what
additional site costs there are if we go to a different site and
what we can save from this site and then plug those numbers into
what we are looking for as far as cash, for a cash buy out,
general obligation bonds or some combination and a lease
purchase.
Mayor Grabek stated we have to put the figures together before we
debate where to put the facility. This would include the sale
price for the Crystal Bav and sewer plant site. Grabek directed
staff to make a list of ;.teps that have to be completed in the
process and to put estimated completion dates on these.
ADJOURNMENT 7:42P.M.
Motion by Mayor Grabex, seconded by CounciImember Nettles to
adjourn at 7:42 P.M. Motion, Ayes 4, Nays 0, Motion passed.
James R. Grabek, Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
11789.5 (
f
TO: Mayor and City Council
FROM: Mark E. Bernhardson, CityAdministrato
DATE: November 21, 1989
SUBJECT: Lake Minnetonka Comprehensive Plan
COUNCIL MEETING
NOV 27 1939
CITY OF ORONO
Attachments;A. LMCD Letter Dated 11/17/89
B. Lake Minnetonka Shoreland Management Plan
C. Lake Minnetonka On-Shore Facilities Plan
D. Lake Minnetonka Upland Environmental Protection
Plan
E. Lake Minnetonka Lake Access Plan
F. Lake Minnetonka Use Management Plan
G. Lake Minnetonka Public Safety Plan
H. Lake Minnetonka Wetlands Management Plan
I. Lake Minnetonka Water Quality Plan
J. Lake Minnetonka Fisheries Management Plan
K. Staff Commentary on Drafts (To Be Available To
Council Monday Night)
ISSUE -
1. Presentation of issues related to the preliminary drafts on
the following topics:
2. Reminder to Council of the upcoming LMCD Comprehensive Plan
over view meeting on December 2, 1989 (see Attachment A.)
3. Outline of process for review of drafts after the December 2.
1989 meeting.
INTRODUCTION - During the delibertation process on the
development of the Lake Minnetonka Conservation District's
Comprehensive Plan, the City had reviewed the following
documents;
Public Safety
Shoreline Regulations
At the Council's October 9, 1989, meeting Councilmember Nettles
raised a concern regarding the working drafts on lake use that
would encourage the use of quieter bays to take care of the
overload on the busy bays.
DISCUSSION - After receipt of the drafts on the other areas on
Monday, November 20, 1989, staff has done an initial review of
the other draft documents. The initial comments represent a
first review of those drafts together with commentary as to the
over view issues related to the comments general to all the
drafts together with the organization of the individual pieces.
The sections on Funding and Intergovernmental Relations will be
prepared in January.
5
Issue #2 - Attachment A contains a schedule for the day. Because
of pre'^ous commitments this writer will not be able to attend
this meeting, however, other staff members may be able to attend
it least selected sessions.
Issue #3 - Following this review the cities will have until
April, T990 to make their comments regarding the various dr2ifts.
At that time the LMCD will have a final public hearing and from
there develop the final draft for submission to Metropolitan
Council. The current understanding is that following submission
to MetropolitanCouncil the City will have an additional review
and comment period to Metropolitan Council regarding this
Comprehensive Plan.
ALTERNATIVES
1. Comment on the issues outlined or other issues related to
these drafts.
2. Table for further discussion until after the initial December
2nd review meeting.
RECOMMENDATION - It is recommended that following any comments
that Council accept the information regarding the drafts and
request response to the issues raised in the drafts by the City's
LMCD Representative as a follow up to the December 2 meeting.
PROPOSED MOTION - Moved by _, seconded by _, that the Council
having made comments directs its LMCD Representative to work
resolving the issues and subsequently giving responses as to
which concerns can be addressed and which are otherwise
appropriatexy handled. Ayes __, Nays __.
cc; Gene Strommen, Executive Director LMCD
JoEllen Hurr, Orono LMCD Representative
All Department Heads
LAKE MINNETONKA CONSERVE
402EAST LAKE STREET WAYZATA, MINNESOTA 55391 |
d-a
lUOCNC . SI HUMMCn.
SOAHO MtMMm
David H Cochran, Chair
Oraamvood
Albart O r=oaWr. Vica Cnalr
Daaphavan
Jan BoaMrtnaai. 8acr«ary
MInnatonka Baach
John Lavrman. TVaa»urar
MInnainala
OouQiaaE. Babcock
Spring Park
Margin Blorlin
Tbnka Bay
Jamas N Gralhv«>i
Eseaiaior
JoEllan L Hurr
Orono
John O. Malinka
Victoria
ThomaaMartinson
Wayxata
Robart K Pillsbury
Minnaionka
Robart Rascop
Shorawfood
ThomaaW Raasa
Mound
Robart E. Bkxum
lAoodiartd
TO: Mr. h.Trk Bernhardson, Aninlstrator
FROM: David Cochran, Chair
Lake Minnetonka Conservation District
SUBJECT: Comprehanslve Management Plan Overview
lake Minnetonka Conservation District
DATE: November 17, 1989
Re: Comprehensive Management Plan Overview
Lake Minnetonka Conservation District
Dear Hr. Bemhardson:
The Lake Minnetonka Conservation District Invites you to participate
in a discussion of the Comprehensive Management Plan for Lake
Minnetonka on Saturday. December 2. 1989. We respectfully request
that you return the enclosed postage-paid RSVP card Indicating your
intentions to participate. Please mail it today--whether or not you
will be attending.
It is particularly important that all city administrators and managers
from the 14 comipunltles a^‘tend because each of you have the potential
to affect implementation of the plan.
The LMCD, the 14 communities, and other managing entitles have been
working on the Management Plan since April, 1988. Work on the Draft
is rapidly coming to a close. However, we want to be sure that the
decision-makers affecting the lake have an opportunity to discuss
their concerns on the nine technical topics In the Plan. ^
Enclosed are nine Preliminary Management Plans covering the technical
aspects of the Management Plan. Please take time to review each one,
paying particular attention to the Individual Management Objectives.
Implementation of the Management Plan requires action by the 14
cities, the LMCD, Watershed District, Suburban Hennepin Parks,' -
Hennepin County, Metropolitan Council, the Department of Natural
Resources and the State Legislature. Accordingly, it is essential
that the administrators and managers on the lake fully understand what
is being proposed.
Again, we urge you to attend.
RSVP card today.
Please complete and return the enclosed
r.r-'-'-j.jurnt-i'.i^
v -.-'
V. .'
PUBLIC OFFIQALS AND AGENCY PERSONNEL^RE ^ ^ w
v INVITED TO participaie mr ^ * r f
V" ’ . : ' v. v
i--
A PREVIEW OF THE TECHNICAL MANAGEMENT PLANS ~ r
MINNETONKA CONSERVATION DISTHICT ,- ;-i;;-^k; ‘^
COMPREHENSIVE MANAGEMENT PLAN
i;.>. ,--y -. ’SATURDAY,DECEMBER2.1989 >-'
7:30 am to 4:15pm
Lafayette Club
County Road 15
Minnetonka Beach
The purpose of the meeting is to provide an open discussion of the preliminary contents of the
Comprehensive Management Plan.
agenda
r,^r
at. .«• , Jtt
management plan overview
DECEMBER 2,1989 • . t *• •*•
K. , . .. .
tf ?7:30 - 8KK) am Registration - (Coft'ee and Rolls) . >
r-' \ •;••• r- - •
v.‘.
1 -M ‘
8:CK) - 8:30 am Management Plan Overview
8:35-9:55 am Shoreland Protection
Shoreland Management
Onshore Recreational Facilities
10:00-11:45 am Public Use and Safety
Public Safety.
T. ??”.<• > • t- .j •-'i'* r-."**' ."'
iv
12:00 - 1:00 pm Lunch - Snudl Group Discussions '
l i;-^l:15 -2:30 pm f. Natural Environment Manageinent Plan.jS';- ^
r ’ '. - Wetlands and Fisheries \
T . ‘ '•
7
v.t -r.-..
Wetlands and Fisheries
Water Quality
2:35-4:15 pi^ The Next Step, Feedback and Conclusions
r. ’l*.. ^ • _____ •. . .-1 _ “r. ’!•
I " V'-’ -
Front
Dates
Subjectt
COUNCIL MEETING
Mayor Grabek ft Orono Council Members
City Administrator Bernhardson NOV 27 1989
Jeanne A. Mabusth, Building ft Zoning
Hovember 21, 1989
11406 Dennis P. Kumlin, 2665 Fox Street -
Final Subdivision - Resolution
The applicant has fulfilled all conditions of resolution
2646 that granted approval of the preliminary plat of three
lots. The enclosed resolution has been drafted for Council's
action. Staff recommends approval of the plat of Foxwood Second
Addition subject to the findings and conditions set forth in that
sar.e resolution.
h RBSOLOnCm approviiig thb piat op
FOXWOOD SECOND ADDITION
PILE NO. 1406
WHEREAS^ the City of Orono ie 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 Class III subdivision of a plat by Dennis F.
Kumlin (hereinafter "the Subdivider"); and
WHEREAS, the subdivision has been found to meet all
standardsof the RR-IB zoning district findingthat each lot is
of a size and configuration that will allow its use as a single
family residence to be fully developed without the need of
further variances; and
WHEREAS, the Subdivider has completed all requirements
of the plattingregulations of tho City, Including:
1. Completion of all requirements of Orono Resolution
2646.
2. Dedication on the plat of drainage and utility
easements.
3. Creat-'on of a new private road shown on the plat as
Outlet A ^ be known henceforth as Gander Road.
4. Concurrent with the creation of this private road, the
Subdivider has dedicatedto the City a road and utility
easement granting to the City permanent access, improvement
and utility easements over said Outlot; the Subdivider has
created non-exclusive ingress, egress, drainage and utility
easements over said Outlet in favor of all abutting and/or
benefitting lots Including a declaration of certain
maintenance covenants wherein each of the abutting and/or
benefitting lot owners covenants and agrees to permanently
maintain and pay the cost of maintenance for said private
road.
Page 1 of 3
5. Dedication to the City of a Flowage & Conservation
Easement providing for limitations on the use of wetlands
and/or drainageways described therein and shown on the plat
as drainage easements. The said easement shall include
wetland areas in favor of the City of Orono already granted
in earlier easements dated October 4, 1978, Document
1298185.
6. Execution of a Subdivider's Agreement providing for the
installation of certain improvements as a condition of
subdivision approval.
7. Payment to the City of a Park Dedication Fee in the
amount of $400.00.
8. Payment to the City for the legal review and filing of
the plat e isements and covenants i.i the aunount of $150.00.
MOWr THBRKFORB, BE IT RESOLVED that the City Council of
the City of Orono hereby approves the plat of Foxwood Second
Addition, Hennepin County, Minnesota and further grants width
variances to Lots 2 and 3, Block 1, Foxwood Second Addition as
lots do not meet the required width at the 50* front setback
line; subject to the following condition:
1. Access to Lots 1, 2 and 3, Block 1, Foxwood Second
Addition must be via Gander Hoad. No direct access onto Fox
Street is allowed.
2. The aforesaid plat shall be filed by the City of Orono
with either the Hennepin County Recorder's Office or the
Registrar of Titles Office on or before May 27, 1990
together with a ctrtlfied original copy of this Resolution
and executed copien of the easements and covenants noted
above .
The approval granted by this Rw^solution 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 27th day of November, 1989.
ATTEST;
Dorothy M. Hallin, city Clerk James R. Grabek, Mayor
Page 2 of 3
ClT Y
ORONO
City of OROIVO
RESOLUTION OF THE CITYCOUNCIL
NO. 2646________
A nSOLUnOH GRKKT xHG
prelimhiart pla? approval
OP A PROPBRTT LOCATBD AT
2665 FOX STREET
PILE NO. 1406
WHEREAS, Dennis F. Kumlln, on April 21, 1969 filed a
formal subdivision application with the City for approval of a
three lot plat of a property legally described as Lot 2, Block 1,
Foxwood, Hennepin County, Minnesota (hereinafter "the property");
and
WHEREAS, after due published and mailed notice in
accordance with Minnesota Statues 462.356 et. seq. and the City
of Orono Zoning and Subdivision Codes, the Orono winning
Comnission held a public hearing on May 15, 1989, at which times
all persons desiring to be heard concerning this application were
given the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on June 12,
1989, the Orono City Council considered the subdivision
application of Dennis F. Kumlin (hereinafter "the applicant"),
noting the following findings of fact:
1. The property is located within the RR-IB Single Family
Rural Residential Zoning District requiring a minimum of 2
acres of contiguous dry buildable land within each newly
created lot.
2. The property contains a total of approximately 7.49
acres - .54 acres of wetlands and 6.95 acres of dry. Each
lot satisfies the standards of 2 acres of dry contiguous
land.
3. All three lots ^hmll be served by a private road that
will reduce the number of curb cuts onto Fox Street.
4. Each lot cannot meet the required 200' of frontage along
a public road.
5. The access location of the private road onto Fox Street
has been found to satisfy all sighting standards for a 35
mile per hour road.
6. A single family residence can be constructed on Lots 1
and 2 without the need for further variances.
Page 1 of 4
CITY
ORONO
City of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. ____2646
7. Septic testing has confirmed that Lot 3 has adequate and
suitable area for future septic expansion needs.
8. Septic testing has confirmed that Lots 1 and 2 have
adequate and suitable area for both the principal and
alternate drainfields meeting all standards of Orono's On-
Site Septic Codes.
NONf TUBRBFORB BB IT RBSOLVBD, that based upon one or
more of the findings noted above^ the City Council of the City of
Orono hereby approves the preliminary plat application of Dennis
F. Xumlin involving the property located at 2665 Fox Street per
the preliminary plat drawings by Coffin and Gronberg, lnc.» dated
August 22, 1984, revised July 18, 1986, and further grants a
width variance for Lots 2 and 3 as the lots do not meet the
required width at the 50* front setback line, subject to the
following conditions;
1. Applicant to grant access and utility easements over
private road outlot (draft copy submitted by applicant).
2. Applicant to submit proof that private covenants will
ensure future upkeep and maintenance of private road (draft
copy submitted by applicant).
3. Access to Lots 1, 2, and 3 must be via private road. No
direct access onto Fox Street allowed.
4. Applicant h^s following options regarding
speciiications/standarlafor private road construction;
Rural Section -
24* paved width
3' shoulders
40* paved width cul-de-sac
Urban Section -
28* finished width between curbs
40* paved cul-de-sac
5. Applicant's to execute a Developer's Agreement and post
appropriate security for all road improvements not completed
by the final plat approval (see sample enclosed).
6. City to ask for a Flowage and Conservation Easement over
wetlands area (draft copy submitted by applicant).
Page 2 of 4
f* ^
CITY
OF
ORON'
cityofOROIVO
RESOLUTION OF THE CITY COUNCIL
NO. 2646_______
7* Prix*>r to the installationof the private roadr all
engineering plans and specifications for the private road
must be reviewed and approved by the CityEngineer.
FINAL PLAT SUBMITTALS
The following list of final subm'ittals must be submitted to
the Zoning Administrator two weeks prior to the regularly
scheduled Council meeting on the second and fourth Mondaysof the
month:
A. RECORD PLAT drawings in the form tf two (2) mylarcopies
and one (1) copyreduced to 1"*200*. Drawing to include:
a) Lot lines platted per prtH - ry survey?
b) Dedication of "drainage and utilityeasements" 1C*
wide alongall perimeter propertylines and 5' eacn
side of internal propertylines - omit alongwetlanos
in Lot 3?
c) Wetland areas to be dosigrated as drainage
easements on the plat and tobe described in angT « and
bearings
B. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. All owners#
mortgageholders or others with propertyinterest
indicated therein shall sign the plat and all other
documents affected by such interest.
b) Jiie applicant must provide certified copies of all
recorded easements currently affecting the property.
c) Signed and executed Flowage ( Conservation
Easenent# Road & UtilityEasement# Private Covenants
for Road Maintenance and Upkeep# Developer's Agreement
plus Letter of Credit for all outstanding improvements
not completed (Letter of Credit to be written at 150%
of the cost of the outstandinc improvements).
C. FEES TO BE PAID: Total Due $1#300.00
tw
a) Park dedication fee per 'current schedule:
200.00 for each newly created lot » $400.00
Page 3 of 4
CITY
ORONO
City of OROIVO
RESOLUTION OF THE CITY COUNCIL
NO. 2646________
b) Engineer review and inspection fees per current
schedule at $600.00.
b) Final plat fee of
c) Filing fee for mylars, plat resolution, covenants
and easements at $150.00.
Adopted by the City Council of the Cicy of Orono,
Minnesota at a regular meeting held this 12th of June, 1989.
ATTEST:
esi^R. GrabekV-Mayor
drothy Hallin, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing insvtument was acknowledged before oii
this 12th day of June, 1989, by James R. Grabek & Dorothy M.
H '.lin. Mayor & City Clerk of the City of Orono, a Min’:*.vcta
iiiunicipal corporation and said instrximent was executed on
of the City.
S?!X:»v LAURIE K. SCHEFFLER
HOlAtt rt»IUC - MINNI50TA
V- HINNEPIN COUNTY
My cC'tWNinion 4*8-»3
My Commission Expttn
Page 4 of 4
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SURVEr DIVISION. HENNEPIN COUNTT, MINNESOTA
Pursuant to Chapter 8*0, Minnesota Laws of 1969. this plat nas been approved this day of
OERNAftD H. URSON. HENNEPIN COUNTY SURVEYOR
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
REGISTRAR OF TITLES. HENNEPIN COUNTY. MINNESOTA
t he-etr certify that the wimin plat of FOXWOOJ SECOND addition was filed for record In this office this _
at o'clock_. M.
R. OAN CARLSON. REGISTRAR OF TITLES
day of
Deputy
Wnmt
Date:
Mayor Grabek & Orono Council Members COUNCIL MEETING
City Administrator Bernhardson
NOV 271909MichaelP. Gaffron, Asst Planning & Zoning Administrator
Novaiiib«r 20, 1989 CITY OF ORONO
Subject: #1452 Walter Pemberton, 1720 Shadywood Road -
Variance - 2nd Review
Soning Diatrict - LR-IC, Single family lakeshore residential, H
acre, sewered
Application - Request for room addition in 0-75* lakeshore
setback zone.
Idat of Exhibits
Exhibit A - Applicant's Sketch & Letter of Request
Submitted 11/20/89
Exhibit B - Notice of Council Action of 10/27/89
Exhibit C - Council Minutes of 10/23/89
Exhibit D - Architects Rendering from Proposed Building
Plans
Exhibit E - Memo & Exhibits of 10/19/89
Diacnsaion -
Please review applicants' letter of request. The applicants
and staff have reviewed the locationof the existing house and
dining room, and applicant correctly notesthat, with the
existing house only14* from the side lot line, onlya 4*
additionto the side would be feasible. Also, an extensionof
the south side of the house towards the road to accommodate a new
dining roomwould require complete reconstructionof the kitchen
to open up any additionaldiningroom space.
In exchange for the proposed addition, which is over
existing deck hardcover, applicant proposes to remove 231 s.f. of
rock and plastic in the 0-75' zoneand 437 s.f. of rock and
plastic between the house and driveway in the 75-250' zone. This
reduces hardcover in the 0-75* zonefrom 1,446 s.f. (26.78%) to
1,215 s.f. (22.5%). In the 75-250* zone, hardcover decreases
from 4,225 s.f. (58.04%) to 3,788 s.f. (52.03%).
Zoning File #1452
November 20, 1989
Page 2 of 2
At your October 23rd meeting. Council discussed the issue of
covering over decks. Grade level decks such as that located on
the lakeside of applicant's residence not only require a permit
for construction but also are considered as hardcover by this
Council and past City Councils. Any construction above such a
grade level deck always requires adherer :e to setbacks (lakeshore
setback, average lakeshore setback, side setback, etc.). In a
situation where construction above an existing grade level deck
would meet all required setbacks but the property is over the
hardcover limits, construction above that existing deck hardcover
would still require a variance. The existence of a grade level
deck does not vest any rights to Duild above it when hardcover is
excessive, according to the City's contemporary policies.
Staff Recommendation -
The applicants have indicated there is no reasonable
alternative location for an addition to their dining room. They
have provided a letter detailing the reasons why they feel their
situation is a hardship. If Council feels that the stated
hardships are valid and the additional hardcover removals provide
adequate compensation, then the previously drafted resolution
could easily be revised to reflect the additional findings and
conditions. If Council wishes to deny the request, a resolution
would be drafted for your December 11th meeting.
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CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323 473-7357
FILE NO. 1452
NOnCB OF COUNCIL ACTION
Date of Notice: 10/27/89
TO:Walter Pemberton
3580 North Shore Drive
Wayzata, MN 55391
COPIES:
TYPE OF APPLICATION: Variance
DATE OF MEETING: 10/23/89 VOTE: 5 For 0 Against
COUNCIL ACTION - MOTION:
Table, pending applicants' consideration of revisions to proposed
plan. Council expressed a reluctance to grant a variance to allow
additional structure in the 0-75' zone, and suggested that applicant look
at other options.
This item will be scheduled for further Council review upon
applicants' request. Please notify staff 10 days prior to the next meeting
for which you wish to be scheduled. Upcoming Council meeting dates are
November 13th, November 27th and December 11, 1989.
If you desire certified copies of the official Council minutes, they
are available from the City Recorder or City Clerk after review and
approval by the City Council.
MINDTES OF OROMO COUNCIL MEETING HELD OCTOBER 23, 1989
ZONING PILE #1441-COPLEY CONTINUED
It was moved by CounciImember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2717, approving the
hardcover variance and average lakeshore setback variance for Mr.
Don Copley, 1185 Tonkawa Road. Motion, Ayes»5, Nays**0, Motion
passed.
1452 WALTER PEMBERTON
1720 SHADYWOOD ROAD
VARIANCE
Mr. Pemberton was present for this matter.
City Administrator Bernhardson explained this application to
the Council and Mayor Grabek.
Councilmember Goetten said that she was surprised that
hardcover in the 75-250* zone was not addressed at the Planning
Commission meeting. She said that 58% in that area is far too
much. She said that she would like to see a decrease in
hardcover in the 75-250* area if this application is proposed.
Goetten said that she did not oppose the structure being
proposed, if something could be worked out with the staff to
remove existing hardcover.
Mayor Grabek expressed his concern with the conversion of
decks into structure. Mayor Grabek said that he could not see
the hardship for placing the addition in the 0-75* setback zone.
Councilmember Goetten asked Mr. Pemberton if it would be
possible to locate the addition elsewhere?
Councilmember Callahan indicated that he agreed with the
Planning Commissioners that voted against approval of this
application.
Mr. Pemberton indicated that he did not understand how the
deck, which is hardcover, would be allowed, but putting a roof
over the deck and closing it in without extending it further
toward the lake is not allowable. He said that he did not
understand why he would be asked to remove hardcover from the
front of the house when he is not proposing to do anything to the
front of the house.
Mayor Grabek said that the City is trying to protect the
area between 0* and 75* of the lakeshore. Mayor Grabek said that
the City would set a precedent by allowing structures to be built
in that area. Grabek said that each application is reviewed for
a hardship that will warrant the approval of a variance.
Mr. Pemberton reiterated his inability to understand how his
proposal would have any more impact on the lake than what is
currently existing. He noted that the hardcover being removed in
front of the house is more than double than the area being
converted into the addition on the back of the house.
MINUTES OP ORONO COUNCIL MEETING HELD OCTOBER 23, 1989
ZONING FILE «1452-PEMBERTON CONTINUED
CounciInember Goetten tried to offer Mr. Pemberton a further
explanation of the difference between deck and structure. She
too informed Mr. Pemberton that she could see no hardship for the
variance.
Mr. Pemberton said that the only hardship he can offer is
that he purchased the house with the assumption that there would
be no difficulty in obtaining a variance to do this addition.
City Administrator Bernhardson said that the City has no
records pertaining to the existing deck being allowed.
CounciImember Nettles questioned whether the City has any
specific policies regarding covering over decks?
Bernhardson replied that there is nothing directly dealing
with that issue. He said that in the 0-75* zone the City
prefers no encroachment at all. He said that there have
previously been requests for minor encroachment into that area
and in cases where there is an existing deck, the City has
requested that the deck be removed.
Nettles said that he disagreed with the policy categorizing
decks as hardcover since they are water permeable. He said that
in regard to this application, the City has two goals. One is to
reduce hardcover, which Mr. Pemberton's proposal would do, and
the other is to prevent the conversion of decking into structure.
He said that he could not see a hardship for the variance.
CounciImember Goetten offered Mr. Pemberton an opportunity
to propose another location for the addition.
Mr. Pemberton said that there is no other location for the
addition that would allow them to enlarge the dining room.
Mayor Grabek said that he would not approve the application
as presented. He objected to the excessive hardcover currently
existing, the building of a structure on an existing deck that
was not approved by the City and adding a deck beyond that
structure further into the 0-75' zone. Mayor Grabek advised Mr.
Pemberton that he could request the tabling of this application
to allow time to revise his proposal.
It was moved by Mayor Grabek, seconded by CounciImember
Goetten, to table this application to allow any revision to the
proposal that would not encroach into the 0-75'. CounciImember
Goetten suggested the addition of language requiring severe
reduction of the hardcover. Mayor Grabek incorporated Goetten's
suggestion into his motion. Motion, Ayes«5, Nays=C, Motion
passed.
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Date:
Mayor Grabek & Orono Council Members
City Administrator Bernhardson
Michael P. Gaffron, Asst Planning & Zoning Administrator
October 19, 1989
Subject: #1452 Wal*“ _ Pemberton, 1720 Shadywood Road -
Variance - esolution
Soning District - LR-IC, Single family lakeshore residential, *i
acre, sewered
Application - Request for room addition in 0-75* lakeshore
setback zone.
List of Exhibits
Exhibit A - Proposed Resolution
Exhibit B - Planning Commission Minutes of 9/18/89
Exhibit C - Planning Commission Action Notice of 9/19/89
Exhibit D - Memo 6 Exhibits of 9/13/89
Discussion -
Please review the memo and exhibits of September 13, 1989.
The applicants propose to construct a room addition within th 0-
75* setback zone. This addition continues the existing south and
east walls of the house, and is over existing deck hardcover.
Planning Commission reviewed this application at their
September 18, 1989 meeting and recommended approval on a vote of
4-2, conditioned on removal of rock/plastic hardcover in the 0-
75* zone at the northeast corner of the house. Planning
Commission noted the excessive percentages of pre-existing
hardcover as the reason they are recommending a net decrease in
hardcover rather than "no net increase". The area recommende '
for removal by Planning Commission is approximately 15 ’xl5' in
dimension (231 s.f. per applicant’s hardcover calculations).
The proposed addition is approximately 7*xl3.5* in
dimension, and is 58* from the shoreline at its closest point,
but no closer to the lake than adjacent portions of the existing
house.
Staff Recoaaendation -
f^taff recommends approval per the Planning Commission
recommendation. Requirement of a net decrease of hard''cver when
existing percentages are so excessive, would generally be
consistent with past Council actions in similar situations.
With the 231 square foot removal in the 0-75* zone, 0-75*
hardcover reduces from 26.78% to 22.5%. Hardcover in the 75-250*
zone remains at 58*04%. Additional removals in the 75-250* zone
would be possible if Council so desires.
A resolution reflecting the Planning Commission
recommendation with 231 s.f. removal in the 0-75* zone, is
attached for Council review.
r .
A RBSOLOnON granthig
VARIANCES TO
mmiCIPAL ZONING CODE
SECTION 10.22, SOBDIVISIONS 1 & 2 AND
SECTION 10.55, SUBDIVISION 8
FILE #1452
WHEREAS, Marilyn 6 Walter Pemberton (hereinafter "the
applicants") are owners of the property located at 1720 Shadywood
Road within the City of Orono {hereinafter "City") and legally
described as follows;
Lots 12 & 13, except that part of said Lot 12 lying
northerly of a line drawn parallel with and distant 71.2*
northerly measured at right angles from the southerly line
of said Lot 13, Shadywood, Hennepin County, Minnesota
hereinafter "the property")? and
WHEREAS, the applicants have ap*:l•> the City for
variances to Municipal Zoning Code Section'- ubdivisions 1
2 and Section 10.55, Subdivision 8 to ptconstruction
of a room addition to the existing residence jh addition is
entirely Vacated within the 0-75* la)ceshore setoack zone where no
structure or nardcover iv normally allowed.
r THEREFORE, BE IT RESOLVED by the City Council of
Orono, Min. sots?;
FINDINGS
1. This appli'- it ^ was reviewed as g File #1452.
2 The property ' located in the LR-lC Single Family
hore Resident 1 Zoning District.
nning Commifsion reviewed this application
1969, and recommended conditional approval
d variances based upon the followingfindings:
tox.is.ting hardcover in the 0-75* zone is 26.78%.
t feting hardcover in the 75-250* zone is 58.04%.
These h.;dvjover amounts? are unusually excessive for the
J>-1C district and any i.roposea structural additions on
the property should be subject to a concurrent
reduction in overall hardcover on the preperty.
Page 1 of 5
k 'f.:
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B; There is an area of rock and plastic of
approximately 231square feet in the 0-75* zone (per
applicants' hardcover calculation) that can easily be
removed to compensate for the additional structure in
the 0-75* zone. The additional structure is completely
in the 0-75* zone but does not in and of itself
increase hardcover on the property since it is over an
existing hardcovered deck area.
C) The proposed addition continues the existing east
and south lines of the house, squaring off the house,
and encroaches no closer to the shoreline than existing
portions of the house, which are 56* from the
shoreline. The proposed additions do not encroach past
the defined average lakeshore setback line.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports oy City staff, comments by the
applicants and the effect of the proposed variances on the
health, safetyand 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 adverselyaffect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a
convenience to the applicants, but is necessary to
alleviate a demonstrable hardship or difficul&y; is
necessary to preserve a substantial property right of the
applicants: <ind would be in keeping with the spirit and
intent of th* Zoning C».de and Comprehensive Plan of the
City.
CONCLUSIONS, ORDBR AND CONDITIONS
Based upon one or more oi the findings noted above, the
Orono City Counci hereby grants variances to Municipal Zoning
Code Section 10..^ Subdivisions 1 & 2 and Section 10.55,
Subdivision 8 t^ rmit the construction of a room addition
located entirely .^in the 0-75* lakeshore setback zone where no
hardcover or stiucture is normally allowed, subject to the
following conditions:
Page 2 of 5
1. Hardcover in the 0-75* zone shall be reduced from the
existing 26.78% to a level of 22.5% by removal of at least
231 'square feet of rock/plastic landscaped area, and this
area shall revert to grass. Hardcover in the 75-250*
lakeshore setback zone shall not Increase abov^ the existing
58.04% level. The site plan and hardcover calculation basis
for this condition is attached as Exhibit A to this
resolution.
2. The applicants are advised that no future hardcover
increases on the property will be approved, and any future
proposal to increase hardcover on the property might be
approved only in conjunction with concurrent removals of
pre-existing hardcover on the property, resulting in either
a net decrease or no net increase in hardcover on the
property.
3. Since the current proposal is for a 1 story addition at
this corner of the house, any future proposal to place a
second story above that addition will require a new variance
application.
4. Authorities granted by this resolution run with the
property not with the applicants, but are permissive only
and must be exercised by application for ^ building permit
within one year of the date of Council approve.’* - or this
variance will expire on that date (October 23, l^siO).
5. Violation of or non-compliance with any of uhe terms and
conditions of this variance shal^. constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, &iid shall be punishable as a misdemeanor.
6. The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on behalf
of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of
title of the property.
Ijtge 3 of 5
MXNUTBS OF THE PLANNING COMMISSION MEETING SEPTEMBER 18, 1989
ZONING FILE #1441-COPLEY CONTINUED
Planning Commissioner Brown said that the existing
hardcover was 24%. He would be willing to allow the applicant to
increase to 25% which is the maximum allowed.
There were no comments from the public regarding this matter
and the public hearing was closed.
It was moved by Plannirg Commissioner Cohen, seconded by
Planning Commissioner Hanson, to recommend approval of the
average lakeshore setback variance of approximately 1.5* and that
hardcover was to be retained at 2.5%.
Motion, Ayes»6, Nays»0, Motion passed.
y #1452 WALTER H. PEMBERTON
1720 SHAD3TWOOD ROAD
VARIANCE
PUBLIC HEARING 8:10 P.M. TO 8:11 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. and Mrs. Pemberton were present for this matter.
Assistant Planning and Zoning Administrator Gaffron
explained the Pemberton's proposal to convert an existing grade
level deck into an addition to their dining room.
Chaiznnan Kelley asked whether the Pemberton's had received
any input from their neighbor to the south?
Mr. Pemberton said that he had spoken to his neighbors on
both sides and they had no objection.
Planning Commissioner Brown asked if there was existing
hardcover that could be removed?
There were no comments from the public regarding this matter
and the public hearing was closed.
Planning Commissioner Brown reminded Mr. Pemberton that
during their recent visit he had indicated that he would be
removing hardcover from the back of the house.
Mr. Pemberton said that he would be willing to "pv.nch holes"
in the plastic that is presumed to be underlying the rockbed.
Gaffron said that staff prefers to have the plastic removed,
since hole punching is nearly impossible to verify.
It was moved by Planning Commissioner Hanson^ econded by
Planning Commissioner Cohen, to recommend app.'^ >val of this
application provided that the plastic underlying tne rockbed in
the northeast corner of the property is removed. Motion, Ayes*-4,
Bellows and Kelley, Nay, due to their -jreference to see hardcover
converted into permanent structure. Motion
CITY OF ORONO
P. O. Box 66
Crystal Bay, MN
473-7357
55323
ZONIH6 FILE #1452
NOTICE OF PLANNING COMMISSION ACTION
Date of Notice: 9/19/89
TO: Walter Pemberton
3580 North Shore Drive
Wayzata, MN 55391
COPIES TO:
TYPE OF APPLICATION: Variance
DATE OF MEETING: 9/18/89 VOTE: 4 For 2 Against
Planning Coamission recommends the following:
Approval subject to conditions noted below.
NOTES AND SPECIAL CONDITIONS:
Recommendation for approval conditioned on removal of rock/plastic
hardcover area (approximately 220 s.f.) at northeast corner of house.
Applicant's next scheduled meeting is confirmed as:
City Council Monday October 9, 1989; meeting starts at 7:00p.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.
FILE HO. 1452
CITY OP OROHO
P.O. Box 66 NOnCB OF MEETING RESCHEDOLIHG
Crystal Bay, MN 55323 473-7357 Date of Notice: 9/27/89
Walter Pemberton
3580 North Shore Drive
Wayzata, MN 55391
COPIES:
NOTICE OP CANCELLED COUNCIL MEETING
The regular City Council meeting originally scheduled for
Monday, October 9, 1989 has been cancelled for lack of quorum due
to conflicts in schedules of 3 of the 5 CounciImembers.
All zoning application items previously scheduled for
October 9th will be rescheduled for the October 23rd, 1989
meeting. The meeting starts at 7:00 p.m. In order to minimize
the potential impact of this delay on your project, you may wish
to submit your building permit application 10 days or more prior
to the October 23rd meeting (if you have not already submitted
it) for early plan review.
Please contact City staff if you have any questions.
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
4.
Proa: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: September 13, 1989
Subject: #1452 Walter Pemberton, 1720 Shadywood Road -
Variance - Public Hearing
Zoning District - LR-IC, Single feunily lakeshore residential, «
acre, sewered
Application - Request for room addition in 0~75* lakeshore
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 Notations
Exhibit P - Hardcover Calculations
Exhibit G - Plan & Elevation View
Pertinent Facts -
1. The applicants are proposing to contruct a room addition to
expand their existing dining room area. The area of
expansion is totally within the 0-75* setback zone, but
would continue the existing south and east walls of the
house (se. Exhibit E)
2. The addition will be approximately 58* from the shoreline.
The closest point on the existing house is 56* from the
shoreline. There currently is a deck on the lakeshore side
of the house that extends as close as 42* from the
shoreline. Note that the proposed addition will not
encroach past the average lakeshore setback line.
3. Although this addition will be over existing deck area and
will not increase the hardcover percentage on the ^:i:operty,
the existing hardcover on Lhe property is excessive, being
26.78% in the 0-75* zone, and 58.04% in the 75-250*.
There are significant areas of rock with plastic that could
conceivably be removed in order to reduce hardcoverin both
the 0-75* and 75-250* zones. In th»! 0-75* zone,
approximately 250 s.f. could be removed, a rc^duction to 22%
in the 0-75*.
In the 75-250* zone, 733 s.f. of plastic exists and cculd
likely be removed, to decrease hardcover to 3,492 s.f. or
48%.
Zoning File #1452
September 13r 1989
Page 2 of 2
Discussion -
This addition is intended by the applicants to increase the
area of the dining room by about 95 square feet without
increasing hardcover on the property. The elevation views
indicate this is merely a 1 story addition. The addition meets
side setback requirements and continues the existing side line of
the house, also being aligned with the existing east wall of the
house.
Due to the excessive hardcover on the property taken up both
by parking and driveway areas as well as rock with plastic, it
seems that significant reductions are possible and perhaps
appropriate in order to compensate for additional structural
encroachment in the 0-75* zone.
Staff Recommendation -
Planning Commission could recommend approval, finding that
the proposed addition will not increase hardcover on the
property, will not be out of character with nor encroach further
lakeward than the existing neighboring residences. Approval
could be conditioned on removal of significant areas of
hardcover, including rock with plastic and perhaps even a portion
of the paved driveway areas. Planning Commission should
determine what areas of hardcover, or what percentage of
hardcover must be removed.
2,2.0 sf.) 'A.
c.
t i
CITX OP ORONO - VARIANCE APPLICATION
Initial Application Fee $150.00 •
50.00 per each additional variance)
Renewal Variance Fee $75.00
no change from original application)
After-the-Fact Fees (Double application fee)
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PROi'ERTT LOC&TIOB , - , ,, A
Site Address Z7:?/} _ _ _ _ _ _ _ _ _ _
Property Identification Number (P.I.D.) /7^// ^ 00/22c
Please check cne - Property abst^i^'^ torrens?
Attach legal description to application if not included on
required survey.
APPLICANT Phone (home) ^>2
Name _ _ _ Phone (work)
Address; City; Zip;
OWNER (if different than applicant)
Neune _ _ _ _ _ __
Phone (home)
Phone (work)
Address;City:Zip:
Date Property Acquired (month/year)
I (do* (do not) also own the adjacent parcels of land
PRESENT USB OF PROPERTY
Present Zoning District __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Present Use of Property 9^
Other (specify)
Residential
D ASCRIPTION OF REQUEST mated Construction Cost $ S^D__
Describe request in detail: /h^ n » 7
yy^. ju4ku cufY/fTfo^<^4r -- -- - - - - - - - -
1-—/ - -
VARIANCES^ REQUIRED — . . ^
Lot Area _____ Lot Width
Setback Variances (_____ Front
Other yC^tig. ^|-f f ft ______________
Hardcover
Side Rear)
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compeliance with Zoning
Code Requirements: Ay /Jt^AtAy_ _ _ _
REQOIBSD SnBMITTKLS
1. Completed Application Form
Certified Property Owners List of owiiers within 150* (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).
Certificate of survey including hardcover calculations as required.
Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed.
Plat Map (obtained with property owners list).
As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
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_ _ _ _ _ _ _ _ _ _
s 2.
3.
4.
5.
6.
7.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay 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
Icnowledge.
Applicant's Signature /I Date
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property byCity staff, consultants,
agents. Commission members, and Council members for purposes of investiga-
tion and verification of this request. ,
r/iv'/fOwner's Signature Date
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planniag 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 -cheduled 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.
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RUN DATE 08>^6/89
BATCH 005
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OHNERS LIST
SB 17-117-23 21 0002
PROP AODR 000S8 ADDRESS UNASSIGNED
ONCR NAME AID FIM(ELSTEIN
TAXPAYER ARTHUR A DOROTHY FIMCELSTHIN
NAHE/ADDR 1740 SHADYNOOO ROAD
HAYZATA MN 55391
38 17-117-23 21 0003
00038 ADDRESS UNASSIGNED
A A D FI»«ELSTEIN
ARTHUR A DOROTHY FINKELSTEIN
1740 SHAOYNOOD ROAD
WAYZATA m 55391
REPORT NO. PI435401
PAGE 9
38 17-117-23 21 0005
01719 FAGERNESS POINT RO
LAUREEN E DARLING
LAUREEN E DARLING
1719 FAGERNESS POINT RO
HAYZATA MN 55391
S.'
SB 17-117-23 21 0017
PROP ADDR 01690 SHAOYHOOO RO
ONNER NAME JACK F RHODE
TAXPAYER JACK F RHODE
NAME/AODR 3155 NORTH SHORE OR
HAYZATA m 55391
38 17-117-23 21 0018
01710 SHAOYHOOO RO
HARRY L MEYER
JANE PETERSON PALM
1710 SHAOYHOOO RD
HAYZATA MN 55391
38 '-117-23 21 0019
017..' SHAOYHOOO RD
H A J KEENE
WILLIAM H A JANICE M KEENE
1720 SHAOYHOOO RO
WAYZATA MN 55391
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38 17-117-23 21 0020
PROP AODR 01740 SHAOYHOOO RO
OMNER NAME A A 0 FINKELSTEIN
TAXPAYER ARTHUR A DOROTHY FINKELSTEIN
NAME/ACOR 1740 SHAOYHOOO ROAD
HAYZATA MN 55391
CQ
38 17-117-23 21 0021
01750 SHAOYHOOO RO
GAM SHANBECK
GEO C SHANBECK
11021 ABBOTT LN
MIWETONKA MN 55343
TOTAL BATCH 005 00008
Si
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF MY^KN^EDGE ANO^LIEF***^^^^ PROPERTY TAXATION, TO THE BEST
dateS/ITI^ by'^Oi
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HARDCOVEK CALCULATION WORKSHEET
Setback Zone: (circle onolCo-7si) 75-250* 250-500*
fating Hardcover in Zone
X o »
500-1000'
House //.//Z7
b. Garage
c. Driveway
d. sidewalk
c. Patio/ /S • ^
3
V /tf y c
f 1 Undscape 2. x /JT« 4,
underlain //«^ x /* /
by plastic
sheeting __________ x __________
a.f
length width
Vi'^ / , // /a?. - V9g a.f.
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a.f.
a.f.
a.f.
s.f.
s.f,
a.f.
s.f.
s.f.
s.f.
a.f.
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2 75^
5'0
23 / s.f.
a.f.
s.f.
f.
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Exlstinrj tfordcover \ - Total Existing lfnrdcovc>r x 100
Lot Area Within Zone
zc7g»yS^f^o s.f.
X 100
Additional Hardcover to be added in tone:
Item Lenoth X Width TOTAL s.f.
O 5 • f
f<rC>O s.f.
O s.f.r <
Xs.f.
0 TOTAL S.F. TO DE AD^'^ED (2)
Existing Hardcover to bo Ronowivd, ir »py.
Item Length x Width TOTAL s.f.
X S.f.
X •3 S.f.
X Q s.f.
TOTAL S.F. TO DE REMOVED
Final Hardcover Proposal :
Lino (1) Lln« (2) -Line (3)J o
I
Exl=Un, Tc bo Mdod ?o bo Removed " THIT
Proposed Hardcover I »
S.f. (O
L^ne (4) x 100
y or. t: .
s.f.
s.f.
X 100 «