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01-11-1988 - Agenda Packet City Council - regular meeting
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 11, 198P, 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 he held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1. Consent Agenda * Frank Mross - Commemorative Resolution 2. PUBLIC HEARING 7:90 P.M. - Off-SalE Non -Intoxicating Malt Liquor License - Navarre Auto, 2420 Shadywood Road - Ordinance Amendment APPROVAL OF MINUTES * 3. Regular Meeting of December 14, 19R7 (Mailed to Council 12/23/87) 4. County Road 15 City of Orono/Hennepin County Agreement - Resolution PLANNING COMMISSION COMMENTS - Charles Kelley Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. #543 Bruce Curtiss, 1920 Fagerness Point Road - Variance - Resolution 6. #1201 Hilbelink/Vogt, 320 Old Crystal Bay Road - Class III Subdivision - Preliminary Flat - Resolution 7. #1223 John Waldron, 1951 Concordia Street - Conditional Use Permit/Variance 8. #1229 Richard Hanson, 3826 Cherry Avenue - Variance - Resolution 9. #1230 Raymond Johnson, 2670 Pheasant Road - Variance - Resolution *10. #1231 Olai Hansen & Florence K. Golden, 1380 and 1390 Railroad Avenue - Subdivision of a Lot Line Rearrangement - Resolution 11. #1235 City of Orono, 265 Orono Orchard Road Conditional Use Permit - Resolution MAYOR'S REPORT 12. 1988 Appointments Re of ut i ,)n CITY ADMINISTRATOR'S REPORT 1— li<azardous Puildings ^roceedings - 1950 Shoreline Drive - Resolution - 325 Crestview - Resolution - 1065 Linden Lane - Resolution - 3440 Sayside Road - Resolution - Lot 4, Blnck 5, Bergquist & Wickloinds Park (North Shore Drive) Resolution 3405 I•1vingston Aver,u.� - Resolution 14. Baldur Park R-)3d 15. Westonka Recr-ation FAcility Planning 16. 19RB Board o. Review Date 17. Joinr Police Advisory Cc.mriittee 'Meeting *18. Resolution of ApprLcia:ion - Kathleen Blatz *19. Snowmobile accident on Luce Nine *23. fur.chase of r0lice gars *21. Frank Mr( �s Comer-,nora; tvr Resolution *22. Step Incroase - Officer James Cotnick AGENDA FOR COUNCTL MEETING SET FOR MONDAY, JANUARY 11, 1988, 7:09 P.M. CITY ADMINISTRATOR'S REPORT Continued *23. 1987 Budget Amendments *24. Resolution of Authority - City Administrator *25. Appointment of Part Time Animal Control Officer *26. Appointment of Part Time Police Officer *26a. Request to Hire Temporary Clerical Help - Police Department *27. Administrator's Information 200 Hollander Road West Lake Street 3405 Shoreline Drive Metro Goose Hunt 1535 Bohns Point Art Center Status 4220 Sixth Avenue North 1250 South Brown Road Big Island Veteran's Camp Goal Setting Status CITY ATTORNEY'S REPORT LICENSES (28*) BILLS (29*) ADJOURNMENT 123087.1 / ►NG TO: Mayor and City Council f1 FROM: Mark Bernhardson, City AdministratoVV6 01, IrC ORGNO DATE: December 30, 1987 SUBJECT: Navarre Auto - Off Sale Non -Intoxicating Malt Liquor License 2420 Shudywood Road Attachment: A. Off Sale Non -Intoxicating Liquor Memo Dated 12/23/87 Memo Only B. Proposed Ordinance Change C. Applications for Navarre Auto ISSUES - 1. -Hold public hearing. 2. Amend the liquor ordinance deleting citizen::hip as a qualification for a li-ensee. 3. Det.erm, n,? if the City wi I 1 issue a new license for of f isle non-intox.cating malt liquor at Navarre Auto, 2420 Shalywood Road. INTRODUCTION - At the Counci11s December 14, 1987 Council meting pa,-t. Of�Lh- motion adopted was publication for a public hearing for a new 1ir•ense at the above stated address. If approved this would be the sole off sale non -intoxicating malt liquor license in force by itself in the City. (At present Navarre Bowling Lanes does have botn an on and off sale non -intoxicating malt liquor license together with a set-up liquor license for their premises.) As noted in Attachment A however, there have been several licenses in the past including ones that are convenience/gas stationE similar to the Navarre Auto. DISCUSSION - The City's liquor ordinance provides for the foiiowing classes of licenses: Non -intoxicating halt liquor - - off sale - on sale - Temporary Intoxicating liquf (hard liquor), wine, beer over 3.21 Off sale on sale Temporary 1 - Set up (Consumption and Display) (A set-up licence is a State issued license requiring local approval.) The City currently by ordinance restricts the number of off sale liquor licenses to tw,.,. The City is by state law restricted to six on sale liquor licenses in force at any )ne time (not counting bottle clubs or set up permits.) While allowed in the zoning code and not othert.ise prohibited in the liquor ordinance the sale of non-intoxicat;.ng malt liquors in a convenience/service station is at tines of concern to communities as it relates to the availability of non -intoxicating mal t l iquor (which can impai:e those who , onsume it) to persons operating motor vehicles. In review of other communities as noted in Attachment A, several surrounding communities do Yssue licenses to gas station and convenience stores and geneLa! iy do not consider the close association of gas and 3.2 beer to be a significant problem. The background investigation conducted by the police department has not uncovered any disqualifications by the applicants apart from the fact that one of the applicants is a resident alien and would not presently qualify for a license. State law does permit a resident alien to have such a nor. -intoxicating malt liquor license (as it does into:' it: Ming liquor license) City ordinance presently limits it only to U.S. citizens. In a recent Minneapolis liquor case - Kalra vs. State of Minnesota howe%er, the United States District Court ruled that citizenship requirement (lid not meet the necessary legal. tests and was thereby all uncorist i tut i ona 1 requirement. ALTERNATIVES - Policy 1. Approval of license. 2. Denial of 'License based on the fact that it does not meet the criteria. 3. Amend the or linance to to the following: a. Limit convenience and gas stations from holdinq a non -intoxicating malt liquor license b. Amend the ordinance deleting citizenship as a requirement. Meeting Action 1. Approve as presented 2. Table 2 3. Amend the ordinance by prohibiting sales to gas station/convenience stores and deny 4. Amend the ordinance deleting citizenship as a requirement RECOM_MEND_ATION - It is recommended that the Council approve an ord-inance amendment deleting citizenship as a requirement for licensing. Additionally it is recommended that the license be approved as the applicant currently meets the criteria with the background investigation. ?t is recommended however, that the the ordinance not be amended to limit gas stations or convenience stores. PROPOSED MOTION - Moved by _ , seconded by , to approve the non -intoxicating malt liquor license for Navarre Auto, 2420 Shadywood Road for the license year January 11, 1988 to December 31, 1988 and further approve Attachment B as an amendment to Ordinance Section 4 deleting citizenship as a requirement. Ayes Nays 122387.1 TO: Mark Bernhardson, City Administrator FROM: Dorothy Hallin, City Clerk DATE: December 23, 1997 SUBJECT: Off -Sale Non -Intoxicating Liquor License In researching previously licensed off -sale non -intoxicating malt liquor establishements in the City the following list has been compiled. 1. Little Oak Market, 2160 Wayzata Blvd Licensed from 179 to '85 name changed to Q Superette, 2160 Wayzata Blvd Licensed from 185 to 187 Licensee voluntarily declined to renew license 2. Echowinds Country Market, 380101 Wayzata Blvd (Summerfield Farms) Licensed from 178 to 181 Change in ownership - voluntarily declined to renew license 3. King's Super Valu, 3333 Shoreline Drive grocery store licensed back to 165 Licensee voluntarily stopped selling as of 11/5/86 4. Sage Hill Grcc,=ry, 4736 North Shore Drive Licensed from '63 to '85 Store went out of business 5. Stubb's Bay Marina, 3445 Bayside Road Licensed from '73 to '77 Also had on -sale non-intoxicatio(j malt liquor and a set-up license. Marina went out of business In contacting other cities re3ardi„g their experience in licensing off -sale non- intoxicatir,, malt 1 ` '.ior in service stations/convenience stcres they stated tF, p►oblems or complaints from residents had been received. ith and Long Lake stated that there had been occasions whe• `. re have been sales to minors, but did not consider this a problem unique to this type of establishment. The following list indicates the City contacted and the number of service station/convenience stores licensed in that municipality. LICENSED CITY ESTABLISHMENTS Plymouth 6 Minnetonka 6 Long Lake 1 Mound 2 Spring Park 2 1688.6 ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE CHAPTER 4, SECTION 4.92, SUBDIVISION 8, ADOPTED MARCH 17, 1987, AND ENTITLUD -AN ORDINANCE RELATING TO INTOXICATING AND NON -INTOXICATING LIQUOR LICENSING AND REGULATION The City Council of the City of Orono ordains: Ordinance Chapter 4, Section 4.02 Subdivision 8 adopted March 17, 1987, and entitled "An Ordinance relating to Intoxicating and Non-Intoxicationg Liquor Licensing and Regulation" is amended to read: 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 of 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 or convicted of gambling withir five years of the license application. Nor shall any person qualify who has not attained the State established legal drinking age. This ordinance becomes effective upon adoption and publication on January 18, 1988. Passed by the Council this llth day of ,January, 1988. Edward Callahan, Acting Mayor ATTEM Dorothy M. Hallin, City Clerk NuLl ished in the taker ana Pioneer newspaper on the 18th day of January, 1988. >Lu..4i..,. ro. Off -Sale $25.00 STAIc, rot' IMII'INR TA per year Jan. 1-Dec. 11 Combination Application for Retailer's (Iftnub) (044ude) �j Non -Intoxicating Malt Ielquor Ueenae To the_ C-: I ry o t` Nar .f ee.rtM.eraerar 1.0."1 Owl 4.01.1401 /" it W of the eity, oillags, or town of_ fn4'r./J'. eountV of ��Ee.'AI- PIAJ State of Aftanowda, hereby melon nppltention for a Retailer. (Ow -sale) (Off -sale) Xowdwtaa{eatiw( ,licit L4%w Liatw to ee11 sueA Malt liquor dodder and pursuant to an ordinance (resolution) passed by eity, ciliage esunett, eouwl!yy hoord of[ e')'C"e% SAW Chapkr 540, dfinnowta $tatulao 194J, as amonded, prooiddal for Udoni tnif and rogulattng thi tale of ness4rte024reting MAU liquor. n During the pawl Ale+ years, my residers hae been as follows: i_C' -7 !"qp r. L A i CNe t A le t- M,t/ , 3 ti I was bolt` f' 1: t. it I r 7.1 r� LAS.LY.t1 ..A'_rATertE/✓AeJ, Yw.eA fr.. suo" eram"aw tuali I ans a (native) (naised) eitisew of the United States. /�_1 CA QE C.,srFtlrtc r✓ (} ( 'r I a— married My (wi/o's) (husband's) name and address is OLIA A_ FAJ! pia. __ iJAuAtCRE aL�t Pus rT TN r . 1 i�GYK' i r /Nt ►irm raw InoorfwraNd 5 - I O " ") _Lw the alato o/ Corporation is authorised /o tlo business Is .Kdnwaoota. L:os ao is for 4 _o �i; ti ra�� n a i? _ (drW) (highway) leeaisd ea foUs w: - The liven" will be in eowwsshm r, ' �� �'i .,Cw✓.0 , re e'C _ Ism saw am, so—eeek sold. glob whielt has bseo -. opuation L ( !'t '41 t 7,4'V� 4, % l iM.ar Tonto rho eaw.'isA/rleni is !oratrd on theL_/ If�r rho ln&4new premises an owned 6yJ4, / aest.t .(ter. a i (-&jV fAK t'nc The taro on Cho property nre not delinquswl. 1 am_._r u1 swgah*ad In the ?WWI sale of lwk,eiealing llgwr. I hate h .d an applteation for liesaw nested ere /ollows. I hate never boon eont,iefed of a felony nor of riol.sting any )Natiawrtl or stab tiqua► last, or tonal erdinanoo rotating to the manufacture, sale or transportation, or possession f r sale or transportali.gn of ift6extoating liquor. Oan►bling or gambling devices will not he pormMd on the Usaesed p►smasn. I am the owner of the leasehold, furnitu", A Oures, and equipwswl in the pronado for whiA As Awaes to appUad, a ttweli — 1 have ere hAmUss or agromost to treader the Mesas be as okhw Person. I sahwk dw tallewlag twatea rot Perseus, ladadfy a hash, for refersaw, wwft whoen I have hail hadsw relations, wtw1aw: float x,A1,c .e ,r,e L& s_ isftificy- Ai,v L_Llj_ ryL^,__*%ad to as~ Is the rlo of lasodeatisq Clgwr and tW haw a 1dwa1 Ossupou set Tss lsestp is sssordkon with the ordlaaaw gewwaing then llesess. *7 ►eder.l T.. wM wMslpt has No -- I will emply with tuMs yam. of W ordieeaa rotating to tha saM of soft dsialw ter Is{atar' yarpesaa sad will serve Petrone In fall slew 4 as �PaaNN11ec I o�rw to waive my Constitutional = sgaiast searrh sad soisvre end wUi trod�ZPwwii Poses sentere to pto the Ias�set aV promises and op" e fn orfeit*" of w/ Hessee if Id r hatl hove v4glyid o Psavlstaaa of the ordtaaase (reselsdoal PVWrWb%g for the paetYr at this Ilewtso / I kero// se{otaalg sneer that V4 foregoing stagarar aw r rs i,t at aP Lfowld/a sd 6" 1 soon be amply with a the provisions of OW ordinsaea asdst Y wy(sd. -lthsse- ' a. d swoon w Mrwa M wr Yes....► lei- I..b...... .N ..... .r r.. MaY.I err M .1� r� eau .r w ..q.Mw. d Ir tr a�a.� M .aY . tM ..r fit" A17 OF It�fWWTA Off -Sale .00 per year Janan . 1-Der. 31 Qmbfnation Application for Wtafkes (ONEW (cw -Nk) Non -Intoxicating Malt Ugnor Ikenn re Iry 0 '- ((; t. t n' C. Ram r ■waam aarrae tmaawl two f.eaWl -- Causally of —fie 1 %n C St Litu/+�� ofthaour, dllato, or glen of Q1.iPL� b/Pcl/r Mr4, of, N ./,/ - ,•/ State a d/(nweada, hervily "aka ar"Usattrw for Romuer '0 prnrsw-aabJ sa y J(p!t LLeanSa toegll tnleA Maltugtb► ((tirades atad a/ M ao led ttir Ltrftow) iy eit�, 7 eaauaetl w board ` •y o _ aMid ria a �►wN! 3w 1a�0. ae sawwlfat, lrttaltlw� for (la�wtlw/ awi n/rJstiw/ !Aa D-/ gibe ►ale AW Imam "I nettldaww has Imes u /attars: 'bC ` C.Ad'!to tQ LN NC I m/7/t, rvfh✓.:' r)h/ <^SAS/ I Yam h+� jr 1,t •/# •e PI n•Nt NPILi 5 - r.e" 0.r tr Oar v""* etaaaes A.a err m Samw an a ('"W) (nahwaltaatt) viumm of tha Unibd stabs I am ..Wvg6& My (/r4p (htasbWa'a) Iwtwe and addreta /• Ia"petaplaw AIAVOA AA It" Iry 6/cAt. rlt-- D,4A-1e7'.S.,cttteyu Firm wu iamrpwv" fJ' )& 1 `i o t- as tttlab a/ - /0fiNtt1t- Cpvwalltwa If authwfaed M do brutnw in XLrawwdw WW h hoe barn in opera Hew_ _ --_ I S ra.i Items file 0 bllshntenl (e taet0fd eo !L ZIP 'y As brWmm prr"laee are otenad by f R _ , 1 • T rnJ 0 'SII.. , ✓wn/ Me Was on the prwperfy are not delinquent. I a, A) __Jm&ftd Lot the ►atoll sale of lntesies"f Uque►. Aloe f'' i A" art appliratim for t mm" re)aeYd of twuvw: I hate nwwr been mmutebd of a felony nee of violattnt any rVatia"i w Stab ggma► Low or Lena[ ord/nenra relahnt to the aeanufaetu►e, sale or brawepwfation, or peemmim IV Sri or troweplrrtottaw M inttaslo'tttnt Itgra►. Gambling or fam"alf devtew will not be jimr-m etlod on the paletd ptewbta I an tAe sonar oe the Isaarhold, fttmiture, ltafuna, and pu[plwwel to as pit udw Jb Wh" bib 110Iwer 4 applied, Swett I ke"t ao ht/aLiA or agreement to treater the assaea to seedier peresa t wink the tellswht mates of perasa, hdodhw a bash, le. veto -AWL Oft ahM t ya W he d_..I.d... W to anow is the eau r raadmathet Near oo/ wm have a ratitaet asseatlaow Toe Awlgs b taeeordaan taltft the oottta"m on armlet this Hemaw itg Federal T" sh mp Ressl/t t. N I Val aomop a1mv lift► tia w.etrMa d this erdiame" rdatig to the We a/ wA Mike rvpawe w will Seen paweaa to rtI��ry d.. at W Apahtla 1 le wow erg OesaHted"s] Rtg" Gosh" aetreh and aatawt er1 eft[ �w�t� emil plan -enmers to leremt 4 w Sara M the tsrfaNtwe of atf is a tl tewmd b Ion alaMed oho pw.li■a of lib arNmrw (leaahuiart fer like ramme of this Ilreaeo. t @Slower wear tMl qa bpep4ta aeaaa■■b oa. Yraa oat oaeraat la +b bael of e1p Irarlo�a oats tbt 1 arm ►asap!/ w" a� Ike pawYtera of the w7laaow arMr ehleh 1hY Moan Y partoi 11kilborlatl sadswwr b b/we ate SAL ir�=" a�r■a � �a �MtCa err .aa .�. ales, �-n a. tiers xr oat■■ eke w� wiYr.r i..W `mw M ama wl a.+r �a w.r wo awl .tier .a. .r..r .. ewAr.a r r ta. oaml glee IMn, . Ha NOTICE Of NEAFUN0 E...Wwm=r NOTICE N herM oven W411 MA Oran C»y oW40 w NW a /Ifs iiesis in Ine pr oalnoa O WIGI a ISM @reeve POW 11119k1h. an %braiiiiii Alarary 11. r / 00 Pon eaaeti feria Ilre Oay came ON how aaaeaa O !mill Ilia aveae an ail 01104ati We Lamm fterlea asitillittam Vi y 24W Olaeye,a" Ira1 in w Oft of Oahe. Ad oeraale +WWI Ia v.l!la. woo W"O orr Cal ow OW mar r eae two MMIIa11 ueaerlenla May a •rMelyia ID ale Orals O1y ogee ► o eel, as oyelw s+ al vets Adis@ Oaoerll- 21. iaMr OW OWWV M "ago Qly Cum ll M►Narlea inTile �rlar ..a ebrleer an OW 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, J'Alound. Mir, nesota, 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 ! i.� �ch 4(j �l� hiIs attached wa�ut from th olumns of said JAN newspaper, and was printed and published once each i week for 7 successive weeks It was first published Monday, the day of 191 and was thereafter printed and published every Monday. to and including Monday. the day of .19 OL Authorized Agent Subscribed and sworn to rile on this p 4 e 17 day of afXJU , A e I BY nttf/1 C/l11111bti &N loft 111111101111110 UL fl >t! Rafe tn/oination 11I l (YWe%1 i.Idaarf,ed Idle Pdid by Lornffwciel uaele !Q! Canpwa we eoeae V sN Der ncn 11 Mdnmlum rare allowed M Iew for above matte! N SI Der a,cn i 1, Rare ectuyly charpe0 fw above martw y1 " Der -m rn F ac,n 4"! NW auc, stew@ wee* 33 03 Pe' Inch MINUTES 01 THE REGULAR ORONO COUNCIL MEETING HELD DBCSMBQR 14i 1987 ATTENDANCE 7:01 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Sime, Goetten, and Callahan. The fol lowin(, represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Police Chief Kilbo, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Arlministrator Gaffron, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the Consent Agenaa subject to removal of the following item: 121 - Animal Control Contract -bong Labe - requested by Councilmember Peterson Motion, Ayes 5, Nays 0. POLICE RECOGNITION - OFFICBR JAMBS MOROWCZYNSRI OFFICER IRVING (CHIP) ENGLISH OFFICER MARL! MORAN RESOLUTIONS 12327, #2326, i 12329 Mayor Grabek read and presented Resolutions )2327, M232b, and #2329 to Officer James Morowczynski, Officer Chip English, and Officer Mark Moran recognizing their contribution in making the 1987 drug enforcement program a success. APPROVAL ( )F M? NUTES * It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the Minutes of the November 23, 1987 Council meeting as submitted. Motion, Ayes 5, Nays 0. COUNTY ROAD 15 - FINANCING ALTERKATIVES City Administrator Bernhardson explained that the final plans for upgrading County Road 15 were approved at the last Council meeting with financing recommendations to be presented at this meeting for consideration by Council. He explained the issue of financing the project as it relates to types of funding to be utilized and the approximate amounts for each type as outlined in his memo dated December 9, 1987..He explained the proposed allocation of costs among the followinq three suggested financing types: City/MSA Funding $218,000; Special Assessments $126,000; and Storm Sewer District $84,000. Staff recommends the following financing program: a) That the City utilize a general tax fund levy instead of Municipal Stat - Ai(i Funds for the portion the City decides to pay of ttie project. MINUTES OF THE REGrrT.AR ORONO COUNCIL MZETING HELL DECEMBER 14, 1987 COUNTY ROAD 15 CONT1116?n b) That the City over the next four months work to more fully develop its MSA capital improvement program. c) That the City undertake the storm sewer district to pay for the $84,000 portion as a special taxing utility area. d) The City preliminarily allot S126,000 for the assessments to the properties with the City picking up approximately hall of the cost for the residential sidewalk. e) That the star. be directed to set a special assessment hearing towards the end of the project, but prior to September in order to certify ioT the 19k9 taxes. '', That. the City determine: over the next t-o months •.'kether it should undertake financing out of ii,t.ernal funds or bori-i for the project. g) That the City agree to undertake the winter snow removal on the sidewalks. h) That staff be directed to do further work to determine if street lights should be constructed as part of the project. Regardiriq adoption, of the agreement, the City Attorney has reviewed the County 15 agreement and recommends negotiation of certain recommended changes with the County. Staff recommends tabling adoption of the agreement pending negotiation on desired changes with the County. City Administrator Bernhardson clarified f . Councilmember Callahan why utilization of the P"3A funds would be a net cost to the City of only $28,000. Councilmember Goetten felt mare information was needed and more time to review the information was needed prior to making a recommendation. City Administrator Bernhardson noted the need for Council to make an initial preliminary decision at this or the next meeting. It was moved by Mayor Orabek, secondeu by Councilmember Sime, that: Council adopt the pre1 iisinary f inancinq pl-in per staff recommendation as rut 1 inee.. above; and able approval of the agreement -,rkt i i ,January 11, 1988. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 COUNTY ROAD 15 CONTINUED Councilmember Peterson also felt more time was needed to review the information before she could recommend approval. Mayor Grabek felt that the proposed motion was a preliminary and logical first step of approval feeling ,hat Council will have more time to review. Councilmember Callahan felt that items c 6 d, i approved, seemc:! to indicate final rather than preliminary action. Cit. Attorney Blatz recommended that item d be amended to not indicate the breakdown of the preliminary $126,000 allotment for the assessments until review of market value tests. Mayor Grabek amended his motion to reflect City Attorney Blatz' recommendation. Motion, Ayes 3, Nays 2. Councilmember Goetten and Peterson voted nay. Motion carried. PLANNING COMMISSION COMMENTS Planning Commissioner Jeff Johnson was present and had no comments at this time. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR'S REPORT: 1643 BRUCE CURTICS 1920 FAGWJ=SS POINT ROAD VARIANCE RESOLUTION Bruce and Camille Curtiss were present for this matter. City Administrator Bernhardson explained that Counci.L at their last meeting preliminarly denied the request for a 6' fence along the str-et right-of-way line within the 75' lakeshore setLack. Staff has drafted and submitted a resolution reflecting the 3-1/2' fence approved by Council for final consideration and approval. fie noted that this information was mailed late Friday and the Curtiss' did not received their copy until late today and therefore may request that final action be tabled until the January 11, 1988 Council meeting. Bruce Curtiss requested that this be tabled for a month in order for their legal counsel to review. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 #643 CURTISS CONTINUED It was moved by Councilmember Sime, seconded by Councilmember Goetten, to table Application #643 until the January 11, 1988 Council meeting. Motion, Ayes 5, Nays 0. #1104 GREG PERL 309 WESTLAKE STREET VARIANCE RESOLUTION #2318 Gregg & Bette Perl were present for this matter. City Administrator Bernhardson explained the request for rear and side setback and height variances to construct an addition to existing residence. Regarding the substandard septic system, staff recommen::s requiring completion of interim repairs no later than July 1, 1988, with due consideration given to the flexibility in that date depending on tna status of the Stubbs Bay Sewer project. Tois application was tabled at Council's last meeting per.oing staff investigation of complaints regarding home occupation violations on the property. Staff inspected the property ar.d noted a few unrelated zoning violations and sent a letter to applicant addressing the alleged violations comet-nicating that if the allegations were taking place, they would be in violation of the City Code. Greqg Per 1 stated they just want to abide by the rules and improve their property. Councilmember Callahan noted per staff's memo that other cluttered properties were sited by staff in this neighborhood that were in violation. Assistant Zoning Administrator Gaffr.on confirmed this, noting that staff usually enforces these violations only upon comp 1 a i nt. It was mo,%ed by Councilmember Callahan, secon('.ed by Councilmember Goetten, to adopt Resolution $2318 approving the variances per staff recommendation. It was noted that none of the affected neighbors were present Lor this matter. City Administrator Bernhardson noted that the complaining neighbor was asked to submit a written complaint with any other neighbors in agreement with him, which the City has not received. Assistant Zoning Administrator Gaf:ron also noted that the complaining party was informed of this meeting. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 i1104 PERL CONTINUED Councilmember Sime ;fated he preferred requiring the substandard septic be brought up to code. Gregg Perl noted that the septic system was updated in 1978 and based on changes in its status due to wet and dry years, he felt it was questionable if the system was in fact failing at this time. Assistant Zoning Administrator Gaffron supported Mr. Perl's comment and referred to the City's interim repair policy when a sewer project is pending. Councilmember Sime noted concern with the future of the septic system if sewer does not come through. City Administrator Bernhardson recommended that if by December 31, 1988, City sewer will not be coming in, applicant will have one year to install a mound system from that date. Councilmember Sime stated that may be compounding the problem and cost the applicant more in the long run. Mayor Grabek amended the motion to reflect City Administrator Bernhardson's recommendation. Motion, Ayes 5, Nays 0. #1199 RICHARD i GAY BELLY* 425 OXFORD ROAD VARIANCE DENIAL RESOLUTION #2319 It. was Roved ny Councilmember Sime, seconded by Councilmember Callahan, to adopt Resoluiton #2319 denying the request for a variance to allow construction of a new residence that woul6 encroach 65 feet into the average lakeshore setback area. Motion, Ayes 5, Nays 0. #1216 CLARK WINSLOW 1595 BOHNS POINT ROAD AMENDMENT OC CONDITIONAL USE PERMIT RSSOT.UTION i2320 Landscape Designer, Dale Gustafson, was present for this matter. City Administrator Bernhardson explained that at the request of the City, applicant has agreed to reopen consideratior of the application that involved the dredging and removal of 1548 cubic yards of spoils from a designated wetland. Ir the process cf making borings in the %rea to be dredged, extensive pockets of yellow clay were found. This clay would be excellent for the MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECFMBER 14, 1987 #1216 WINSLOW CONTINUED City to use in restoring and widening shoulder areas of Bohns Point Road and save t` applicant the cost of removing the spoils from thL- site. In e;.change for a 1 lowing the City to use the spoils to widen the road on Bohns Point, applicant would excavate the west edge of the existing wetland to compensate for filling on the east side of wetlands. #1217 JANES TAYLOR 1160 TONKANA ROAD VARIANCE RESOLUTION #2321 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #232) approving the amendment of the original conditional us-2 permit application #1216 per staff recommendation. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay stating he was opposed to the original application and therefore opposed to t:.iis amendment to the original application. Motion carr ed. Applicant/Contractor Jam .. or and owner Julie Fearon were present for this ma,-;-.. City Administrator Bernhai_:._.i explained the request for a hardcover variance to construct a ground level deck. Staff felt that there was little or no extraneous hardcover on the property that could be concurre-.tly removed. Councilmember Goetten asked about the difference between a screening wall and a fence. Assistant Zoning Administrator Gaffron explained tr.at in this care the wall; fence is an extension of tt e r, u3c which meets the side setback and lakeshere zettiek and thereby allows them the proposed height of 7-1/2'. It was moved by Councilmember Sime, s,2::--)nde.l by Councilmember Peterson, to adopt Resolution #2321 approving the variance per staff rec mmp.idatiun. Motion, Ayos 5, Nays 0. 6 MINUTES OF TLE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 #1221 GARY ERLOF AND CATHY LEE 1965 FAGERNESS POINT ROAD VARIANCE City Administrator Bernhardson explained the request for setback and hardcover variances to remodel and expand the existing house, and construct an attached garage. In their efforts to obtain a maximum overall lot coverage of 30%, Planning Commission recommended on a 3- 2 vote to approve the variances subject to removal of 350 s.f. of hardcover in the 0-75' zone and allowing a 400 s.f. maximum driveway. Gary Eklof and Cathy Lee were present for this matter. Cathy Lee stated she received staff's memo only ten minutes prior to coming to the meeting and has not had the opportunity to review it fully. However, after quickly reviewing the information, she felt there was a discrepancy in interpreting the Planning Commission recommendation. Therefore, at this time, unless the Council feels they can approve their revised proposal, they would request that this application be tabled for further review. Gary Eklof stated that their late receipt of this information has caused them serious delay in their project. Cathy Lee noted that she found problems with staff's revised proposal based on a quick review. Assistant Zoning Administrator Gaffron noted for the record the Planning Commission. Action Notice was mailed to the applicants cn 11/16/87 which specifically requests submission of a diagram showing which 350 s.f. of 0-75' hardcover they proposed to remove. Applicants submitted a diagram indicating re oval of only 141.3 s.f. Again, Cathy Lee felt there was a discrepancy of interpretation of the Planning Commission recommendation. It was moved by Co-,�ncilmember Sime, seconded by Mayor Grabek to table this matter for further review due to the confusion involved. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBt: 1, 1987 1223 JOHN B. WALDRON 1951 CONCORDIA STREET CONDITIONAL USE PERMIT/VARIANCE John Waldron was present and requested that this application be tabled pending submission of additional information ftum him. It was moved by Councilmember Sime. seconded by Councilmember Peterson, to table this application per applicant's request. Motion, Ayes 5, Nays 0. 11225 JAMS GILBERT 955 TONRANA ROAD VARIANCE RESOLUTION #2322 James Gilbert was present for this matter. City Administrator Bernhardson explained the request for average setback and hardcover variances to replace an existing dilapidated deck with a somewhat larger deck and patio system with a future proposed gazebo on the lakeshore side of the home. Staff finds that there is little or no extraneous hardcover on the property that could feasibly be removed to offset the hardcover increases proposed. In response to Councilmember Goetten, Mr. Gilbert stated he does not intend on cutt,ng into the hank to accomodatt: the new deck. Councilmember Goetten noted that the neighbor to the south has not voiced any objection to the gazebo and put applicant on notice that variance approval was valid for one year only. It was moved by Mayor Grabek, seconded by Council ember Sime, to adopt Resolution #2322 approving the variance as proposed. Motion, Ayes 5, Nays 0. #1226 WINTON MOLD 4650 NORTH SHORE DRIVE VARIANCE RESOLUTION 12323 City Administrator Bernhardson explained the request for a lot area variance to construct a residence on Tract B of RLS 1036. Planning Commission recommended approval subiect to a 20' wide access easement to be located entirely within Tract D. Staff notes that locating the 20' driveway easement entirely in Tract D reduced the defined buildable area of that lot &ad therefore, recommends that the 20' driveway easement be moved further south and be split between Tracts A, B, 6 D. 8 MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD DECEMIIER 14, 1987 #IA26 HOLD CONTINUED Winton Wold was present for this matter. He stated staff's recommendation to change the location of the access easement wild change the proposed location for the residence by 10' which he would find unacceptable and would probably not purchase the property. He also brought up the issue of the inability to provide a flat area at the entrance of the driveway. Assistant Zoning Administrator Gaffron explained to Council Mr. Wold's pr-int about the need to create a flat apron in the driveway to enter Tonkaview Lane, which would require extensive grading into the hill. He also noted that because of the type of easement being create., the setback could be measured from the original lot line avid the proposed location of the house would not have to Ye moved 10'. City Engineer Cook recommended that approximately 20' (from the improved portion of the road) at less than a 2% grade should be provided as a driveway apron. Mr. Wold felt that was a workable situation. It was moved by Mayor_ Grabek, seconded by Councilmember Sime, to adopt Resolution #2323 approving the lot area variance subject to the following zonditions: 1. 20' access easement located 10' either side of the line between Tracts A, B, & D. 2. 20' driveway apron at less than 2% grade shall be provided within 20' of improved roadway. 3. Rear setuack to be measured from the lot line requiring no change in location of the proposed residence. Motion, Ayes 5, Nays 0. #1227 PATRICK MIDDLETON 720 TONKANA ROAD VARIANCE RESOLUTION #2324 Assistant 'Zoning Administrator Gaffrun noted that applicant was oit of town and therefore unable to be present for this- ratter. City Ad.nA:nistrat r Bernhardsor, explained the request for a hardcover vF-iance to construct a garage on the property where garage currently exists. It was moved by .,,or Grabek, seconded by Councilmember Goetten, to a:. Resolution #2324 approving the variance as prop. 1. Motion, Ayes 5, Nays 0. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 #1228 WALTER WITTMER 1420 BALDUR PARR ROAD VARIANCE RESOLUT I Oil # 2 3 2 5 Walter Wittmer was prese.,t for this matter. MAYOR'S REPORT: City Administrator Bernhardson explained the request for a side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75' lakeshore -etback zone. He stated that the applicant had constructed an 8'x 30' deck a few years after his 1978 variance approval to extend the house. The deck is in violation of that variance approval. Applicant has agreed to remove the 81x 30' deck as long as he is allowed to keep a 6'x 8' section at the doorway area as an entryway deck, which was approved in 1978. Planning Commission recommended approval and allowing the removed deck sections to be replaced with a loose rock or wood chip area underlain by permeable geotechnical weed reduction fabric. Assistant Zoning Administrator Gaffron explained the wing walls on the second story addition which are essentially an extension of the wall. In response to Mayor Grabek's question as to why the deck was built in the first place, Mr. Wittmer stated it was an error on his part by lack of memory of what was actually approv -id. Mr. Wittmer noted that he obtained the neighbors' consent prior to building the deck. In response to Councilmember Callahan's question, Assistant Zoning Administrator Gaffron explained the type of permeable geotechnical weed reduction fabric which staff considers non -hardcover and a better solution to weed inhibition than other non -hardcover solutions using chemicals. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2325 approving the variance per staff recommendation. Motion, Ayes 4, Nays 1. Counci lmember Callahan voted nay because he is opposed to allowing the use of the permeable geotechnical weed reduction fabric. Mayor Grabek had no report. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 CITY ADMINISTRATOR'S REPORT: HAZARDOUS BUILDING PROCEEDING - 100 STUBBS BAY ROAD RESOLUTIONS #2314, i2315, i #2316 City of Orono Building Inspect-)r Thomas Jacobs was present for this matter. City Administrator Bernhardson explained staff's new procedure for handling hazardous building proceedings. Following this new procedure, staff recommends adoption of resolutions as they relate to hazardous building proceedings at 100 Stubbs Bay Road. He noted that this property is proposing a subdivision which will be presented to the Planning Commission at their December 19, 1987 meeting, however, staff recommends commencing the hazardous building action in case the subdivision proposal is stalled and buildings are removed in a timely fashion. It was noted that the owner of this property was not present for this matter. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt the following Resolutions ordering atatement of hazardous building action at 100 Stubbs Bay Road South: Resolution #2314 - Garage/Outhouse Euildings Resolution. #2315 - Barn Resolution #2316 - House/Principal Structure Motion, Ayes 5, Nays 0. 1987/1988 COMPENSATION PLAN ADOPTION RESOLUTION 02326 City Administrator Bernhardson explained the issues of the proposed 19e7 compensation adjustments in light of the internal equity study and approval of the 1988 compensation adjustments. He stated he hopes to finalize any further internal equity study adjustments within the next two months. It was moved by Mayor Grabek, seconded by Councilme.nber Peterson, to adopt Resolution 02326 which adjusts selected 1987 wages and makes initial a-]ju.3tments for 1968 based on the 1987 wage adjustments together with the 38 budgete,1 cost of living adjustments for all persons not represented by bargaining unit. Motion, Ayes 5, Nays 0. 11 MINUTE' OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 1988 FEE SCHEDULE ORDINANCE AND SUMMARY FOk PUBLICATION ORDINANCE NO. 44, SECOND SERIES City Administrator Bernhardson explained the proposed adjustment of fees as they reflect the costs of performing the services. He noted a change to the summary ordinance regarding mechanical permit fees. It was moved by Councilmember Sime, seconded by Mayor Grabek, that the City Council adopt the 1988 Fee Schedule as submitted and adopt Summary Ordinance No. 44, Second Series for publication. Motion, Ayes 5, Nays 0. ORDINANCE CHAPTER 12 RELATING TO FILL MATERIALS ORDINANCE NO. 45, SECOND SERIES City Administrator Bernhardson explained the adoption of the proposed ordinance amendment that would regulate the type of fill that is permitted to be used in the community. This amendment will be coordinanted within the City's zoning chapter within the next two months. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Ordinance Amendment No. 45, Second Series to Chapter 12 relating to the quality of fill that can be used in the community without appropriate permits. Motion, Ayes 5, Nays 0. 1988 LICENSE APPROVAL - ON AND OFF SALE LIQUOR/SET UP/CLUB/ ON AND OFF SALE NON -INTOXICATING LIQUOR City Administrator Bernhardson explained the following issues: 1. Approval of the renewal of four licen.,es for which there has been no demonstrated problems with the ongoing license: 2. Setting public hearing for new license application for Navarre Auto. 3. Review of license and possible approval of license for Jimmie's Lounge noting a pending after hours violation against an employee of Jimmie's Lounge. Staff recommends a conditional approval of this license putting the owner on notice because of the after hours violation and noting that licensee will .)e monitored more closely from it patrol and surveillance standpoint. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 1988 LICENSE APPROVAL CONTINUED Jimmie G. Holtz, owner of Ji.mmie's LoVAnge, was present for this matter. He explained that: the after hours violation was made against his will by an employee and he has since fired that employee. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that the Council undertake the following items: 1. Approval of licenses for those establishments lir �d in attachments to memo dated December 11, 198'. 2. That Council establish a public: hearing for January 11, 1988 foc a non -intoxicating malt liquor license for Navarrc Auto. 3. That the liquor license for Jimmie's Lounge be approved on the conditions outlined in memo dated December 11, 1987. Motion, Ayes 5, :days 0. ANIMAL CONTROL CONTRACT - LONG LAKE Councilmember Peterson requested clarification regarding the difference between the Long Lake, Spring Park, and Minntonka Beach animal control contracts. Police Chief Kilbo stated it was basically the same contract agreement on a different form. City Administrator Bernhardson noted that Long Lake is contracting an on -call service only. It was moved by Councilmember Peterson, seconded by Mayor Grabek, to approve the An .ma l Control Contrac-:. for the City of Long Lake as presented. Motion, Ayes 5, Nays 0. 1988 INSURANCE RENEWALS* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to aMard the City of Orono 1988 insurances to the League of Minnesota Cities Insurance Trust, United Fire & Casualty, Western National, and the St. Paul Companies, effective January 1, 1988, as proposed. Motion; Ayes 5, Nays 0. 1988 POLICE SSRVICBS CONTRACTS* It was moved by Councilmember Sime, secorded by Councilmember Callahan, that the Council approve indivigiial contracts with Minnetonka Beach, Spring Park, ai.d J.onc• Lake for police services for 1988. Motion, Ayes 5, N.ys U. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 METRO WASTE/CITY OF ORONO -* LETTER OF AGREEMENT It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the Council direct the City Administrator to transmit a letter to Metro Waste Control regarding the terms uner which the Orono - Minnetonka interceptor construction has been approved subject to other appropriate land use control reviews. Motion, Ayes 5, Nays 0. PART TIME POLICE OFFICER EMPLOYMENT* It was moved by Councilmember Sime, seconded by Councilmember Cal lahan, that the City hire Michael D. Carlson as a part time police officer commencing December 21, 1987 at $6.50 per hour for a period not to exceed six months without further Council approval or until Officer Kirnyczuk either returns in a full capacity or staff requests authority to hire a full time officer as i. replacement for Officer Kirnyczuk, further recommend that if Mr. Carlson is not hired that the Council authorizes the hiring of Mr. Robert Olson. Motion, Ayes 5, Nays 0. RESOLUTIONS OF RECOGNITION -* RESOLUTION #2327 - JAMBS MORONCZYNSKI RESOLUTION #2328 - IRVING ENGLISH RESOLUTION #2329 - MARK MORAN It. was moved by Councilmember Sime, seconded by Councilmember Callahan, that Council adopt Resolutions /2327 - #2329 of Recognition to Officer James N.orowszynski, Officer Irving (Chip) English, and Officer !lark Moran. Motion, Ayes 5, Nays 0. 1987 INTERFUND TRANSFER AND LOAN PAYMENTS* It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the interfund operating transfers, loan payments and special assessments payments on City property be approved as proposed effective December 31, 1987. Motion, Ayes 5, Na�'s 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to accept City Administrator Bernhardson's Information regarding: 200 Hollander Road, 3536 Lyric Avenue, 4635 Tonka view, Comp Plan Amendment t2, LMCD Executive Directorship, 3405 Shoreline Drive, Metro Goose Hunt, Baker Park Deer Hunt, and Goal Settinq Status. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz reported that Attorney Tom Barrett was successful in obtaining the order for removal of the Hollander barn hazardous building. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 LICENSES* BILLS* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the following licenses: Charitable Gambling - Lions Club of Mound Northwest Tonka at Navarre Lanes Cigarette License -- Navarre Auto Port Inc. 2420 Shadywood Road Motion, Ayes 5, Nays 0. It was moved by Councilmember Sime, seconded by Councilmember Callahan, to apprc - payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNNEW 8:31 P.M. It was moved by Mayor Grabex, seconded by Councilmember Peterson, to wish everyone in the City of Orono a Merry Christmas and a Happy New Year; and adjourn the regular Council meeting at 8:31 P.M. Motion, Ayes 5, Nays 0. ATTEST: Dorothy ;�. Ha.'_lin. City Clerk James R. Grabek, Mayor 15 123087.2 TO: Mayor and City Council FROM: Mirk Bernhardson, City Administrato 1 DATE: December 30, 1987 SUBJECT: County Road 15 Aoreements Attachment: A. Proposed Resolution Adopt B. Original Agreement Language PW74-08-67 ISSUE _ _ _- 1. Consideration of agreement between the City of Orono and Hennepin County and possihle adopti i. INTRODUCTION - At the Counci 1's December 14, 1987 meeting, the Council, at staff'-- recommendation, deferred action on the agreement with Hennepin County regarding County Road 15 pending negotiations •)f cettain issues in the contract. The County has considered t'iose and we have com^ to agreement as to terms that are acceptaLle to ooth sides. In addition NSP has (:-)ne preliminary work to give us gross cost estimates as to what impact cost implications wou16 be for ,:ontinuation of decorative street lighting that Mound is putting it and is being considered by Spring ;,ark through the- Orono section of the project. Following are the issues presented by the City to *he County regarding the agreement: A. Damages. Concern was expressed by our Attorney regarding the definitation as it is used 4n two different cont �xts within the agreement. Orono has have requested to redefine the term damages. B. Pavment ;ch_edu_le. ^_'he original payment schedule called for�93% o the money to be paid by the City to the County within 60 days following award of the contract. It is estimated that This would then take place about the fist of March. Since the County will not be expending the funds at that time, Orono proposed an alternate schedule that would have a 10% downpayment within 60 days, 80% spread out over five month iy payments starting 1 May with a 10% rota:nage at the end of the project. C. City Acceptance of Sidewalks. -he City, which will be taking over the sidewalks when the project is completed, felt that we should not he required to take them over until such time is we have acceptance thro4gh o�.• ^ity Engineer as to the quality of the sidewalk. D. Specia'. Assessments. The City desired that the two pieces of (.'aunty property that front on County 15 have nil the specials against the properties waived. The County has agreed to accept the conditions B and C as noted but are awaiting a final response. It is hoped these will be finalized by January 11, 1988. Continuation of the decorative lighting style that is being put in Mound would cost approximately to be continued from the Spring Park border _ through County 19. See Attachment B, as to style. This could be financed either by assessing abutting prcjerty owners or through the general tax rolls or a combination of those. As far as possible actions the City could take in relationship to this are the following: 1. Do nothing or defer the resolution to some point in the future. 2. Install conduit etc. etc. in conjunction with the project but not install the decorative lights at this time replacing the present street lights with the existing style. (The advantage to this is that the City would save substantial cost by placing the conduit in the ground now opposed to having to install it at a later date but the project costs slated to replace the existing lights could not he used to construct the new ones.) 3. Install new lights in conjunction with the project and use the project money slated for replacement: to defray the cost of the new lights. ALTERNATIVES - Issue 1 1. Approve attached as modified by the above listed terms 2. Amend and approve 3. Table RECOMMENDATION - 1. It is recommended that the Ccunci 1 approvp the attached agreement which will be amended on the abcve listed condition assuming acceptance by the County. If not the City will brir,; back any material changes to thy, 1125/88 meeting. PROPOSED MOTION - Moved by , sec-nded by that the Council adopt Resolution # and approve resolution terms for an amended 2 agreement between Hennepin County and the City of Orono. Ayes _-' Nays __. A RESOLUTION APPROVING AGREEMENT 74-08-87 BETWEEN HENNEPIN COUNTY AND THE CITY OF ORONO WHEREAS, agreement for participation in the construction of Countv State Aid Highway No. 15 between County Road 110 in Mound and just east of County Road 19 in Orono, Hennepin County Project No. 8024, Agreement No. PW 74-08-87 has been prepared, revised and presented to the City. wOW, THEREFORE BE IT RESOLVED, that said agreement be in all things approved. BE IT FUPTHER RESOLVED, that the Mayor and City Administrator are authorized to sign Agreement No. 74-08-87, Hennepin County Project No. 8024. Adopted by the Orono City Council at a regular ro-inci1 meeting January 11, 1989. Edward Callah�.n, Acting Mayor ATTEST: ------------------------------------ Dorothy M. Hallin, City Clerk Agreement No. PM 74-08-87 County Project No. 8024 County State Aid Highway No. 15 City of Orono County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of , 19 , by and between the County of Henneoin, a body politic and corporate under the laws of the State of M ota, hereinafter.referred to as the "County" and the City of Oro.io, a body politic and corporate ender the laws of the State of Minnesota, hereinafter referred to as the "City" WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about tie improvement of that portion of County State Aid H',ghway No. 15 between County State Aid Highway No. 110 and County State Aid Highway No. 19 (Engineer's Stations _GA 0+37 to LGA 155+75) as shown on the County Engineer's plans for County Project No. 8024, which improvement contemplates and includes g-ading, concrete curb and gutter, drainage, watermain, bituminous surfacing, traffic signal systems, conduit system, lighting, Bridge No. 27560 and other related improvements; and WHEREAS, The above described project lies within the corporate limits of the City, and WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of mate+ial and lahor for the above described project and an estimate of the total cost for contract work in the sum of Four Million Five Hundred Thirty Four Thousand Eight Hundred Twenty Seven Dollar. --I Thirty Five Cents ($4,534,8^-7.35). A copy of said estimate (marked Exhibit „ 'ached hereto and Agreement No. PW 74-08-87 by this reference made a part hereof; and WHEREAS. It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NOW THEREFORE. IT IS HEREBY AGREED: I That the County or its agents will adve-tise for bids for the work and construction of the aforesaid Project No. 8024. receive and open bids pursuant to said advertisement end enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract will be in form and will include the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. II The County will administer the contract and ,nspect the construction of the contract work contemplated herewith. However, the City Engineer of Orono snall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of she work. III The City agrees to grant highwzy easements to the County over those lands owned by the City that are a part of the required right of way for said Project No. 8024. Said easements shall be granted at no cost to the County. Agreement No. PW 74-08-87 The County or its agents will acquire all additional rights of way, permits and/or easements required for the construction of said project. The final cost of all additional rights of way, permits and/or easements required for the construction of said project plus all costs incurred by the County in acquiring said rights of way, permits and/or easements shall be apportioned 50 percent to the County and 50 percent to the City. The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating or removing or adjusting main %,)r-wits or other structures located in or upon the land taken and within the present right of way; o, damage in procuring such right of way, whether such damage :s caused by the county or the City in the performance of such contract with respect to the improvement of County State Aid Highway No. 15 as shown on the plans for County Project No. 8024. The County will periodically, as parcels are acquired, prepare and submit to the City itemized accounts show+ng right of way and acquisition costs incurred by the Co.'nty. The r.ity share of said costs shall become due and payable within thirty (30) day. after submittal. The estimated right of way expenses described herein are indicates; in said Exhibit "A" attached hereto. IV The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost Agreement No. PW 74-08-87 shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto and the Division of Cost Breakdown (marked Exhibit "B") attached hereto and by this reference made a part hereof. It is further agreed that the Engineer's Estimate referred to on Page 1 of this agreement is an estimate of the construction cost for the contract work on said project and -at the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. u In addition to payment of the City's proportionate share of the contract construction cost, the City also agrees to pay to the County a sum equal to seventeen percent (17%) of the amount computed as the City's share of the said contract construction cost for roadway construction anb fourteen percent (14%) of the City's share for traffic signal construction, it being understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this contract. VI Within sixty (60) days after an, award by the County to the successful bidder, the City shall deposit with the Hennepin County Treasurer, ninety percent (90%) of the estimated City share in the contract construction and engineering costs for the project. Said estimated City share shall be based on actual contract unit p0 ces for estimated quantities shown in the plans. The remaining ten percent (10%) is to be paid to the County upon the completion of the project and submittal to the City of the County Engineer's Final Estimate for - 4- Agreement No. PW 74-08-87 the project showing the City's final share in *he contract construction and engineering costs for the project. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance in the deposit account will be returned to the City; likewise any amount due the County by the City upon payment of the Final Estimate by the County shall then be paid by the City as its final payment for the construction and engineering cost of this project. VII The County Engineer will prepare monthly progress reports as provided in the specificat!o:�s. A copy c* these reports will be furnished to the City upon request. VIII All records kept by the City and tho County with respect to this project shall be subject to examination by the representatives of each party hereto. IX The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. Agreement No. PW 74-08-87 X It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. XI Upon completion of the project, the County, at its expense, shall place the necessary f�icns and the City, at its expense, shall provide the enforcement for the prohibition of on -street parking on those portions of County State Aid Highway No. 15 constructea under this project except for the parking lane from Sta. 146+23 to Sta. 150+03 left recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said 0 modification. XII It is understood and agreed that upon completion of the improvement proposed herein, all concrete sidewalk included in said improvement shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at its own expense. �e Cr It is further understood that either the County, its officers, agents or employee,,, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the Agreement No. PW 74-08-87 hereinbefore described sidewalk maintenance, existence, restoration, repair or replacement by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action and expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising Gut of negligent performance by the City, its officers, agents or employees. XIII The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Tnspection Fee Schedule. XIV The City shall install, or cause the installation of an adequate three wire, 1201240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights included in the contract at the sole cost and expense of the City. Further, the City shall provide the electrical energy for the operation of the said traffic control signals and street lights at the sole cost and expense of the City. XV -7- c Agreement No. PW 74-08-87 The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situat{ons where a part of such traffic control signals may be directly involved in an emergency. XVI Upon completion of this project, the County shall thereafter maintain and repair said traffic control signals all at the sole cost and expense of the County. Further, the County, at its expense, shall ma-'intain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of 'he fuse in the base of the signal poles. XVII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages. actions, or causes Lf actions of any kind or character arising cut of or b� reason of the performance of and work or part hereof by the other as provided herei,), and each party further agrees to defend at its sole cost and expense anv action or proceeding commenced for the purpose of asserting any claim of whatzoev narac'_er arising in connection with or by virtue of performance of its own work as provided herein. XVIII It is further agreed that any and all employees of the City and all ether -8- 4 Agreement No, PW 74-08-87 persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way Le the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act of omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall ir, no way be the obligation or responsibility of the City. XIX The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirm tive action policy statement of Nennerin County shall be considered a part of this agreement as though fully set forth herein. Agreement No. PW 74-08-87 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to oc executed by their respective duly authorized officers as of the day and year first above written. CITY OF ORONO (Seal) By: Mayor Date: And' Manager e COUNTY OF HENNEPIN ATTEST: By: Clerk of the Cuunty Board Faiiman o ,ts-Toun y Boar hate Upon proper execution, this agreement will be legally valid and binding. Date: And: AssociateCounty Administrator and County Engineer By; Z . * �— _ Date: ss�s `an�ounty—Attorney Date: Approved as to exr--:ution By'. _ Assistant oun y Attorney Date _ RLCOMIENOEO FOR APPROVAL By: p_.. ,rec or `department of ranspor anion Date. r ZONING FILE NO. 643 CITY OF GRONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 5532.1 473-7357 Date of Notice: 12/22/87 --------------------------------------------------------------------------- TO: Mr. & Mrs. Bruce Cur*-iss COPIES TO: 1920 Fagerness Point Road Wayzata, V.q 5A91 TYPH OF APPLICATION: XX Variance Reconsideration ------------------------------------------------------------ DATE OF MEETING: 12/14/87 VOTE: 5 For Against COUNCIL ACTION - NOTION: To table all action on your ap ation until you have had an opportunity to review the packet infornic.,,xon submitted to Council for the DecemL)er 14th meeting. Staff has enclosed the staff sketch of the 75 feet lakeshore setback line using survey by Gordon Coffin dated 10/13/70 and a copy of the designated wetlands map of the City involving your property. Please contact my office if yc�u wish additional information and also advise if you will not be prepared to meet with the Council on January 11, 1988. If you wish the application to be rescheduled before the Council meeting on January 25th, please advise by January 6, 1988. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RE^^' -'':ION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (A) AND SECTION 10.55SUBDIVISION 8 FILE 443 WHEREAS, Bruce Curtiss and Camille Curtiss (hereinafter "the applicants") are the owners of the property located at 1920 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described a� follows: ` That part of I•n+- ^7, Fagerness, lying North and East of a line described as follows: Commencing at & point on the Southeasterly line of. Under -The -Linden Avenue, which said puint is marked by a judicial monument, a 6istance of 175 feet Northeasterly along said avenue from the Southwest corner of said Lot 27; thence bearing South 34 degrees 14' East a distance of 69.00 feet .o a point marked by a judicial monument; thence continuing on an extension of said line to the shore of Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, this a,'•vlication has involved the reconsideration of an original variance application (#643) approved by the city Council or September 14, 1981 that would have required tr:t applicants install a turnaround within their street yard and porticnE of unused right-of-way of Fagerness Point Road. in addition, applicant. seek . riances to Sections 10.03, Subdivision 15 (C), 10.22, Subdivisi, 1 (B) an-' Section 10.55, Subdivision 8 for an existing fence at C feet in height t at exceeds the allowed height of A, located wit„in 75 feet of the lakeshore and prop---! within 26 feet of a designated wetland. Minnesot&: NOW, THEREFORE, BF I': RESOLVED 13y tr- city Council of Oronc, FINDINGS 1. This application was reviewed as Zoning i'.le )s:,43. 2. T:,e property is located in the LR-lC Silitjle Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this appiicati.on on October 19, 1987, and recommended unanimous approval c` the variances application allowing a 3� foot high fence based upon the following findings: Paw, 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A) There is no unique hardship to the land that would require a 6 foot high fence. B) A 3� foot fence with plantings can provide the necessary protection Lor children if both are installed with specific care in placement of plantings to insure there is no negative impact on required sight distance. C) The Planning Commission felt the turnaround should be installed as required. 4. On November 9, 1987 and November 2.3, 1987, the Orono Council considered the application and noted the following findings: A) The existing six foot high fence creates a visual/safety ha:!ard for users of public road and for children who exit the property. B) Adequate bight distance is essential if a turnaround is not installed on the property. A 3 1/2 foot fence with plantings at limited height in designated areas can accomplish applicants goals for protection of children and privacy in limited yard area. C) To allow a 3 1/2 foot fence along the street lot line of the property, located within the lakeshore protected area, would be consistent with past actions of the City Council b= on valid, similar findings noted in this review. D) Economic considerations are not v 'id reasons to grant variances per Section 10.08 Subdivision .:.(4 ) of the Municipal Cade. E) Sections of the 6 foot privacy fence han installed within the road right-of-way of Fagerness Poinc twad. F) The 6 foot privacy fence has been installed within 75 feet of the shoreline of Lake Minnetonka. G) Approving a 6 foot high pri:,acy fence to provide privacy has not been a valid reason for the granting of variances in light of recent denials. The approval of this privacy fence would establish a negative precedent in the consideration of similar applications in the future. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of 5 City of ORO? O RESOLUTION OF THE CITY COUNCIL NO. ------ 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other dangei to neighboring property; would not merely serve as a convenience to the alplicant, 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 per Municipal Zcning Code Section 10.22, Subdivision 1 (A) and Section 10.55, Subdivision 8 to permit the installation of a 3� foot high fence totally located within 75 feet of the lakeshore per survey dated 10/13/70 by Gordon R. Coffin and within 26 feet of a designated wetlands per City of Orono's Designated Wetlands Map of the North 1/2 of Section 17 and to waive the requirement that applicants install a turnaround on the property, subject to the following conditions: 1. A 3� foot high fence may be installed along the street lot line of the property, a building permit must be obtained from the City of Orono prior to said installation. A gate may be installed adjacent to street yard area used for exterior storage such storage shall be subject to standards of Section 10.60 Subdivision 13. 2. No plantings to exceed a height of 3� feet at maturity shall be planted within an area bounded by the driveway to the south and northeast 35 feet along the street line as described in Exhibit N of the November 9, 1987 Council packets in exchange for waiving the condition that would have required a turnaround on the property. 3. The panel sections of the existing privacy fence must be rerroved by January 15, 1988 and the post/footings locatAd within the road right-of-way of FagernesG Point Road shall be removed and conforming posts reduced to 3 1/2 feet by May 1, 1988. 4. Authorities grantee with this resolution rur with the property not with the applicants, but arms 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 (January 1 1 , 1989). 5. Violation of or non-compliance with any of the t3rms and conditions of this resolution shall constitute a violation of the zoning cone, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 � T f ,Y City of ORONO RE30LUTION OF THE CITY COUNCIL NO. • •R• • 6. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1988. Adopted by the Orono City Council on this filth day of january, ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Ownei(s) Page 4 of 5 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: January 6, 1988 Subject: #1201 Mike Hilbelink & John Vogt, 320 Old Crystal Bay Road No - Preliminary Subdivision - Resolution Application - Subdivision - Class III - Plat of 11 lots served by two private roads providing future access outlots to the existing platted east and southern access corridors at the borders of the property. Gross Acreage - 35.10 acres Total Dry Acreage Per Lots - 29.8 acres Total Net Acreage Per Lots - 1.7 acres Total Acreage of Road Dedication, Private Roads & Outlots - 3.6 acres Density Ratio - 1 unit per 2.70 dry acres (29.8 acres) 1 unit per 2 acres required List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Map Locating Existing House Exhibit E - Watershed/Drainage Area Exhibit F - Planning Commission Minutes of 9/8/87 and 9/21/87 Exhibit G - Engineer's Report Exhibit H - Gaffron's Letter if 12/22/87 Exhibit I - Gaffron's Memo Exhibit J - Staff Sketch of Realignment of Lots 5, 6, & 7 Exhibit K - Corrected Area Listing of Lots Exhibit L - Preliminary Plan The division involves the 35 acre rraperty of the Meyers' directly north of the Peterman Addition plats by the current applicants completed in early 1987. The plat proposes the creation of 11 lots, all served by interior roads. Future extension corridors to the east and south have been designated per earlier planning decisions of the City. Zoning File #1201 January 6, 1988 Page 2 of 5 Lot Confirguration All lots meet the required lot width at the rear of the required front yard setback line. Each of the lots meets the required 2 acres of dry contiguous land as confirmed in Exhibit K and on the preliminary plat Exhibit L. Double frontage (through lots) have been proposed with this division. AlthOL Jh the Code suggests that these should be avoided, they are not prohibited. Lots 1, 2 and 3, Block 1 will not require variances. The applicants' surveyor has advised that through lots could not be avoided because of a need to place the spur road to the north in its present location and the reasons being there would have been a need to intersect a major drainageway isf placed further eastwara, major tree loss, and preservation of natural amenities for the proposed building sues. Per Section 10.02, Definition 42, both the street lot lines shall be front lot lines and per Section 10.03, Subdivision 10, a conditional use permit is required for all proposed accessory structures on these through lots. Staff has suggested that the applicants provide screening along the Old Crystal Bay Road side of these double frontage lots witr their lot grading/drainage plans and/or landscaping plans. The applicants have stated that they would rather leave this up to the future owners. Per Section 10.03, Subdivision 21, if these berms involve filling and borrowinc; t^ the property of more than 100 cubic yards of fill, a conditional use permit would be required for each site grading plans. At the December 21, 1987 meeting of the Planning Commission, the applicants were asked to realign the road (Outlot D) more to the south in order to open up the building envelope of Lot 6. The road has been realigned and the building envelope of Lot 6 has been greatly improved. Lots 1 and 2, Block 2, have retained their required 2 acres of dry buildable and additional soil borings to the south on Lot 2 confirm adequate septic area for expansion (review Exhibit I). Review Exhibit J, staff strongly recommends that the shared lot lines of Lots 5, 6, and 7 be realigned by moving the lot line further west so that open field area is maintained as part of the yard area for Lot 7. Yards of Lots 5 and 6 are divided by the drainageway within the defined wetlands area. The majority of the open field, classified as wetlands, is directly contiguous with the yard area of Lot 7. The addition of lan(i�, classified as wetlands will have no affect on the ability to divide Lot 7 at some future date but will reduce the potential of yet another lot line .rearrangement. Zoning File #1201 January 6, 1988 Page 3 of 5 Septic Review (Exhibits H, 1, & L) All ten undeveloped lots have been confirmed as meeting all required septic standards. Of the total test areas, 4 tested out as standard systems and the remaining 16 as mound systems. Gaff ron has met with the applicants and on -site evaluator to resolve the issues raisee. in his letter of December 22, 1987. In his most recent memo he coriiirmed that the realignment of the road greatly improved the severely restricted envelope of Lot 6. Additional soil borings for Lot 7, Block 1 and Lot 2, Block 2 confirm suitable soils for septic treatment area.. Percolution tests will be completed in early spring. Drainage/Roads - The Engineer has reviewed the proposed access for the private road at Old Crystal Bay Road and has found no sighting problems. There is adequate site distance at 325' in both directions. in reviewing the road layout and gentle topography of the property, the Engineer sees little concern with meeting the required vertical and horizontal control standards (vertical 12%, 275' minimum curved radius). The east/west road and the north spur road qualify for 24' minimum paved widths as with the recent wear subdivision of 6 lots, and the 6 lot Peterman Second Addition immediately to the south. Review Exhibit G, the wetlands boundaries, as shown on Lots 5 and G, are satisfactory. The Engineer recommends placement of 15" cu.-.verts at 2 designations on the plat (review Exhibit G, map attachment). mote that we also have recommended that the existing drainageway within Lot 2 be relocated along the east lot line at the time of preliminary site grading. The revised preliminary plat shows a 15' wide drainage easement along the east side of Lot 2. Planning Commission voiced concern with underground drainage tiles on the west side of Old Crystal Bay Road that may drain to the east within the subject property. The specific concerns were with land alterations that could take place on the subject property that would affect such drainage (review Exhibit E). If drainage were to be affected by land alterations on the subject property, drainage would be picked up at road ditches on Old Crystal Bay Road, but once again the area is minimal and we have no record of such underground lines exi,.+-ii.q. Zoning File #1201 January 6, 1988 Page 4 of 5 Per Section 11.10, Subd'_- ion 21 (C), both roads must be individually named because they each sere 4 or more lots. The reviewing staff will have to determine the merits of naming the future through road "Woodhaven Drive" per the directive of Section 11.32, Subdivision 2 (E). Other Issues - Outlot A - the minimal parcel to be created by the division to the north side of the Burlington Northern Railroad shall be designated in the final resolution as an unbuildable lot. Outlot C - the future connection corridor to Woodhaven Drive should be expanded further west, closer to the temporary cul-de-sac location. the City will ask for temporary road and utility easements over the area of the cul-de-sac not included within the road right -cif -way of Outlot D. The required per:olation testing for Lot 7, Block 1, and Lot 2, Block 2, will have to be completed sometime in early sp.-ing. If the subdivision is finalized prior to the submittal of the testing, the City will ask that the required testing be included as a required improvement within a Developer's Agreement. Planning Cission Recomendation - To approve the proposed 11 lot plat subdivision, application of Mike Hilbelink and John Vogt finding all pertinent sections of the Subdivision, Zoning and On -site Septic Codes have been satisfied and to grant a variance to all 11 lots to be served by private roads finding the placement and design of such roads would provide adequate and safe access for the public 1._1 use these roads. Approval is subject to the following conditions: 1. Underlying road and utility easements to be granted over all road outlots. 2. Conservation and Flowage Fasement to be taken over the designated wetland and drainageway to the north. 3. Lots 1, 2, and 3, Block 1 are classified as through lots. Future owners are placed on notice that a conditional use permit is required prior to the installation of accessory structures, and if site grading involves bringing in more than 100 cubic yards of fill for landscaping purposes outside of protection of footings/foundation, a conditional use permit would also be required. 4. To insure that septic testing is completed for Lot 7, Block 1 and Lot 2, Block 2, the City will ask the developer to include this as a development improvement within the Developer's Agreement if testing is not completed prior to find]. plat approval. Zoning File 01201 January 6, 1988 Page 5 of 5 5. Per Section 11.33, Subdivision 4, plat roads to be constructed as follows: a) East/west road = 24' minimum paved width b) North/south road = 24' minimum paved width 6. Park fee of $2,000 ($200 x 10 lots). 7. Future owner of Lot 7 is hereby advised that if property is subdivided at some time in the future, such division shall be subject to all pertinent ordinances exist4.ng at that time. 8. Prior to final subdivision, applicants shall submit the private covenants that will define the ownership and share in maintenance of future private roads. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLU',eION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION APPLICATION FOR M. HILBELINR AND J. VOGT FILE NO. 1201 WHEREAS, Michael J. Hi ink and John Vogt (hereinafter "the applicants") on September 1, 1987 filed a formal subdivision application with the City for a division of eleven lots of a property legally described as follows: The Northeast 1/4 of the Southeast 1/4 of Section 33, Township 118, Range 23, Hennepin County, Minnesota, except that part taken for Railroad (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 public hearings on September 21, 1987 and December 21, 1987, 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 January 11, 1988, the Orono City Council considered the subdivision application of the applicants, noting the following findings of fact: 1. The property is located within the RR-1B 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 35.10 acres. 29.8 acres are considered dry buildable lands. 3. The proposed plat contains eleven lots each exceeding the 2.J acre minimum lot area requirement. 4. All eleven lots shall be served by private roads. The location and curb cut for the private road that intersects at Old Crystal Bay Road have been approved by the City Engineer. 5. All lots meet the required 200 feet width adjacent to the road and at the rear of the front ya:3 setback line. 6. A single family residence can h- constructed on all proposed lots without the need fer any variances. Page 1 of 4 City of ORONO RESOLUTION OF I•,t CITY COUNCIL OF NO. ORONO 7. Septic testing has confirmed that all eleven lots contain adequate and suitable soils for on site seweage disposal systems. NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approveF the preliminary plat application of Michael J. Hilbelink and John Vogt per plat drawings by Phillip A. Nelson dated Revised December 30, 1987, and further grants a variance to the standard that would require all lots have frontage on a public road with the creation oY private roads, subject to the following conditions: 1. Prior to the issuance of building permits for new construction, the final plat must be filed with the Hennepin County Recorder's office, road base installed and approved by City, and, if required improvements are not completed, the developers must execute a developer's agreement and post a letter of credit (150% of cost of remaining improvements). 2. Required improvements: a. Private road to be constructed per standards set forth in Section 11.33, Subdivision 4 and 5. Engineering plans must be approved by City prior to any construction. Applicants are advised that roads are to be designed as a rura 1 section with a minimum 24' paved width. b. Site grading at time of road construction to include realignment of drainageway within Lot 2, Block 2 and any other drainageway that need be realigned along drainage easements adjacent to lot lines. c. Septic testing - percolation tests for Lot 7, Block 1 and Lot 2, Block 2 prior to final plat approval. If plat is finalized prior to testing, this additional improvement must be listed in Developer's Agreement. d. Prior to road construction and site grading, all drainfield sites must be staked out and Lots 1 and 6, Block 1; and Lots 1 and 2, Block 2 shall have septic test sites fenced off. Applicants shall call for an inspection by the Orono staff to confirm the required installation has been completed as requested. Page 2 of 4 City of ORONO RESOLUTION OF-' >UNCIL NO. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Phil Nelson dated Revised 12-30-87 and per staff sketch plan enclosed. b) Dedication of "drainage and utility easements" 10' wide along all perimeter prt ;;erty lines and 5' each side of internal property lines - omit along the sides of the designated wetlands. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated frerein shall sign the plat and all other documents affected b} such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage 6 Conservation Easement over drainage easements within the plat. d) Signed and executed developers agreement and letter of credit for construction of the private road znd other improvements. e) Signed and executed Road and Utilities Easement over the private road outlots and the future access outlots. f) Temporary Roar° and Utilities Easement over the temporary cul-de-sac of east/west road - sQe staff sketch. g) Signed and executed "Declaration ri: Private Road Easement and Declaration for 64a :t-` r.Ance of Same". Note need to amend for ownership y::rr%j&ea. h) Completed "Application for Private Road v+." Page 3 of 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. C. FEES TO BE PAID: Total Due $2,300.00 a) Park deeication fee pe_ current schedule: $200.00 x 10 = $2,000.00 b) Final plat fee = $150.00 c) Legal review and filing fees of $150.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this llth day of January, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Inc;Cif' 4 . f 4 Date Rec' d Q - i ) By T/ti Fee Rec:' d CITY OF ORONO SUBDIVISION APPLICATION FORM ----------------------------------_--------- r------------------ APPLICANT Name zrlte Argir64 »t 7t�N f✓�!? Telephone ��� ,f 6vcoc^ ✓ , cagy. �� Sri Mailing Addresd90 r ��ridii� .'•gin ,>a zA4!_ -/e,g JrY. 54--7V-A PROPERTY Name;�rfidr�� !r,�,PS Telephone _ OWNER Mailing Address f— 23 XD N &Li `-�. (Attach list if more than one; ----------------------------------------------- ---------------------------- PROPERTY WCATION Street Address 3-10 Z--Z.12 ;C'U:5"4 16iI ��• Property Identification No. (P.T.D.) Complete Legal Description to be attached to application -------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size _ Acres Dry Land • 1 r,j,` - CITY "f ` _ Acres Wet Land OFFICE Acres Total, all parcel �FlNAN�E A 350200000 k Present Use (check) Residential; no. of units 01 GEN 300.00 4. 135 " Other (specify) 1' 01 SE-11. 00 Present Zoning District 117WI'00000 # 01 CEN ?0 • ;� ------------------------------------------------------------��Z��ffG�O----- PROPOSAL Division for Tax Purposes 01 Wq 600.00 Lot Line Rearrangement Only (no ne, ildin4- ' a11.1 N CIO. DD Subdivision for New Building Sites ":MECA, TL 1740.'IV _ ,4EC'Fi! I -?lilac YOU Number of Building Sites: Existing Units#0`44T0 .-,VLI k01 T1m:0�1 ZNew Units Q9.;01i81 L— Total Units Proposed Gross Density Units per �� Acres / PI Minimum Lot Size: �9 o4C/' — Square Feet Dry Buildable Land Proposed Use: (check) _ Residential - - Other (specify) ------------------------------------------------------ --------------- (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Ap-lication (-impleted 2. Preliminary Piat i.nfor-ration on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list ::t. obtaint-1 from the Hennepin County Department of Finance A-6G3 Govei ^mi-t.`. Center 348-3271) 4. Stamped, legal sized envelopes (f10) pr(--.,ddressPG to each of the names on the above list with no return address. ;—irtification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Vat e ----------------------------------- MINIMUM MATERIAL NECESSARY !OR COMPLETE PINAL PL)k'r APPI,Z;ATION 1. Pa -went of fees (park fees, filing fee, sew, r ar:d :titer assessments) 2. Signed certifi :ate of survey or mylar copies: c.t' formal plat. 3. Title opinion. 4. Easements. Covenants, etc. 5. Developers Agrepment and acceptable form of security. Certification by Zoning Department that Final Plat Application is cor. Zoning Officials Signature Date _ ----------------------------- - - ----------- ------------------------ .140L Sketch Plan Review (Cla , TI i III) $150.00 t ` Preliminary Review"(Cl.- 11 Subdivisions) $250.00 Y _ Preliminary itevi-sw $300.0 g t Class III and all non-residenti., . 20.0(o, 10L. Final. Plat Review ('1iss II1) $150.00* * (Pl:s any legal o ►nee : inr- c} ,kr,�R ) Ap .i'cant has read the above on-' rovide all information required of requested by the Zoning Ad#.. gineer, City Actor-.ey, Planning C tssioi.and Council necea _ _Nis application and turf agrees to pay all additional feet -.itt c; u:-A,ra>>ce. .LMM-ant's .•'ignature ✓ �� Gate '/Pub f`-..,- r''.� l t , l.. tN►net b. Slgnatu. s Date _ �;, Aptlieant most h&Ve all submittals ii.to the City offices 25 days ',efore the P ssasi.&V Comission Mewtjng. Planning Commission w.etings are usually held on tbo IAitd lioecfay of *Anh month. DATE 07/16 r 3ATCH 006 38 33-118-23 13 cool PROP AG^R 01.605 WAYZATA BLVD OsRtER NAME WASH SCIENTIFIt IND TA•PAYLP WSHINVTON SCIENTIFIC INC NAME /ADDR C/O B E KINNEY LONG LAKE MH 55356 38 33-08-23 13 0014 PROP tnw 02705 WAYZATA BLVD O'.: LER NAME VEDA TNC TAXPAYER VEDA INC t+AME/ADOR BOX 115 LONG LAKE MH 55356 38 33-118-23 31 00^1 PROP AOOR 0l :ER NAME GEORGE E JOHN'SON A WIFE T,XPf 'ER GEORGE E J•JHf4SOH fLUIE/AJOR -�65 OLD CRYSTAL BAY RD LONG LAKE MH 551% 38 53-118-23 31 0005 PROP AMR 00285 u:D CRYSTAL dAY RD N =11ER NAME A T WRIGKT ETAL W/L E^ TAXPAYEP --hP A WR.:GHT itAME/ADOR f CF YSTAL bAf :L m S, S56 38 33-118-23 31 0011 PROP ADOR 00265 OLD CRYSTAL BAY RD N =4ER NAME AGNES HEINZEN ET AL W/L EST TAXPAYER SCOTT K GOLDSMITH tur.E/ROOK 1017 WAYZATA BLNO WAYZATA MN 5F 38 33-118-23 34 0002 PROP ADOR 00115 OLD CRYSTAL BAY RD N C".7ER NAME VERNICE 'ILLIAN WHITE TAXPAYER VERNICE L WHITE "A.ME/AOOR 115 OLD CRYSTAL BAY RD N LONG LAYS MN SS356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 8 38 33-118-23 13 0010 38 33-118-25 13 0013 WASHINGTON SCIENTIFIL INO IN VEDA INC WASHINGTON SCIENTIFIC IND VEDA INC P O BOX 340 BOX 115 LONG LAKE MN 55356 LONG LAKE MTV rc 0�% 33-116-23 24 0002 38 33-118-E3 24 0003 00425 OLD CRYSTAL BAY RD N .l R FROST TRUSTEE G L VICKERMAN ET.' Ai R FROST TRUSTEE GLENARO L V::CKER"M JR k WILLOW OR 425 N OLD CRYSTAL BAY RD -#Z LAKE MN E"56 LONG LAKE It1 55355 i18-23 31 0003 38 33-118-'3 31 0004 o JLD CRYSTAL BAY RD N 00315 OLD CRYSTAL BAY RD N MARLJ G CASSENS A A A ENGLEMAN MARLO CASSENS ALLAN J E'NGLEMAN 3"5 OLD CRYSTAL BAY RD 315 OLD %:1.7YSTAL BAY RD LOt:5 LAKE MN 55356 LONG LAKE MN 553% - 38 33-118-23 31 000/ 38 33-118-23 31 OOIi j 00225 OLD CRYSTAL BAY RD N K GOLDSMIrf A L 0 SCHWIE GIN RY CO S K GOLDSMITH A L 0 SCHWIE GH RY CO 1017 LOST WAYZATA BLVD;� WAYZATA MN 5539! iL44�- 3: 33-1.8-23 31 0012 38 33-118-23 34 0001 00245 OLD CRYSTAL BAY RU H 00185 OLD CRYSTAL BAY RD N AGNES HEINZ£N ET Ak W/L EST L S STUBS ETAL THOMAS C ALDRICH 1. LYDON SHERW000 STUBBS 245 OLD CRYSTAL Bi.( RO N ORONO MN 55356 185 OLD CRYS-TA. BAY RD N LONG LAX MN 55356 38 33-118-23 41 0006 38 33-118-23 41 0007 02SOO WOODHAVEN DR 02550 WOODHAVEN OR KEENAN G RICHARDSON ET AL R LEE RIDDLE ETAL KEENAN RILHARJ!7ON A R LEE RIDDLE JEAN LEDELL RICHARDSON 2550 WOODHAVE`7 OR 2500 WOODHAVEN OR LONG LACE MN 5:356 LONG LAKE MN S5356 r,JN DATE 07/16/67 BATCH 006 38 33-118-23 41 0008 M^^ ADDR 02565 WOODHAVEN OR Z:FP NAME OOUGLAS L OGREN ETAL -AT ER DOUG:_AS L OGREN NAME/ADDR 2565 WOODHAVEN DRIVE LONG LAKE MN 55356 38 33-118-23 42 90_i MOP ACDR 00320 OLD CRYSTAL BAY RD N MlIER NAME C H MEYER ETAL TAXPAYER RICHARD 0 i PATRICIA M MEYER f" >:ARSE%ADDR 823 COPE LAND RD MAPLE PLAIN Mt 55359 I" 38 33-116-23 44 ;002 PROP AOOR 025" WATERTOWN RD :':ER NAM ROBERT F SUESS ETAL S' TAXPAYER ROBED( F SUESS NAME/ADDR 2590 S WATERTOWN RD LONG LAKE MI 55356 HENNEPIN CDUNT`Y PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 33-118-23 43 0006 PROP ADDR r' OWNED. NAME H M WILL R R B WILL TAXPAYER HARVEY M & ROSEMARY B WILL NAME/ADDR 8151 GRANDVIEW RD r' CHANHASSEN MN 55317 '! 38 33-118-23 ???? LYNN H & JANICE H STRAND LYNN H STRAAD 8065 TIMBERLAKE OR EDEN PRAIRIE MN 55'j:44 33 33-118-23 41 e014 GEORGE L OSGOOD ET kL GEORGE L OSGOCD 365 WILLOW OR N LONG LAKE MN 557-6 38 33-118-23 43 0005 02620 WATERTOWN RD JOHN HALLSON JOHN T HALLSON 2056 GRAND AVE S LONG LAKE MI 55356 72 33-118-23 14 COOS 00401 WILLOW OR CHURCH OF ST GEORGE CHURCH OF ST GEORGE LONG LAKE M1 SS5% 38 33-118-23 43 0009 LILLIAN B PETERMAN :T AL ROGER & LILLIAN PETERMAN 7820 LAKETOWN RD WACONIA MN 55387 REPORT NO. P1435401 PAGE 9 38 33-118-23 41 0016 02525 WOODHAVEN DR C J O'CONNOR i L S O'COHNOR CHRISTOPHER J O'CONNOR A1D LYNETTE S O'CONNOR 2525 WOOOHAVEN ORONO MN 55356 38 33-118-23 44 0001 02590 WATERTOWN RD ROBERT F SUESS ETAL ROBERT F SUESS 2590 S WATERTOWN RD LONG LAKE MI 55356 TOTAL BATCH 006 00026 38 33-116-23 43 ???? LILLIAN B PETERMAN ET AL JOHN E & MAUREEN C P VOGT 107 LAKEVIEW AVE LONG, LAKE MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TA1(ATION, TO THE BEST OF MY KNOWLEDGE AND BE_IEF. ! / DATE 1- BY ZJ ,l � ties• , i .�. a .__ !M•t y•a i'M16[IS TfliyC-!�!.1�'j •:.:• :9L' �� r s1 •� o ` �i� "INOUSTR1AL� ,'• _ 7 �' u • � Z t _ • .a ,r..• .icy. � ^ w l.^ s.' w — ~ • •V1a •r'»• � Yi C. r 52 42.0 — i aE 015 AC - S p RUC ffZC Kt �, as r >t ourl,or • tla) 45 245 EA3T 54:55 — — am-- — •: � z ,•� �) �i � rs) �Op W000NAVEN C. .. a w O DR_ t t L.GS' 7, o s o 'sip ` �{ f it .. AJ ^ • ..7 ' Ili /i �.. 1 240 Q 31 to _ ont o o>ro �•» � 41 ' .,.... t.nl2,cc n , 1 •� 11 AIM ! .. t I � M ACRES ; + PAUCE v [' pu fat � ' I Also j I L :J1 :�1 •1,• Y is • O F•1! • f • , r � 44 W . tti Out — 3{ . SIC- 4• T l T R .', n -43 {{ tttt� <<tssc ba 3NV1 H2! '`ago Q / / rn 31dVnOle , 3H1t1 9,401 lit Ilii`°� l t d 1 � •s•�•� S•Q ' N3SSV-10 I z MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 8, 1987 11196 DENNIS MCGREEVY 3405 EASTLAKE STREET VARIANCES TABLED INDEFINITELY 41192 MIKE HILBBLINK/JOHN VOGT 120 OLD CRYSTAL BAY ROAD NORTH SKUTCH PLAN REVIEW Mike Hilbelink and John Vogt were present for this matter. Their surveyor, Phil Nelson, was also present. Building & 'Zoning Administrator Mabusth noted that this plan was presented to the Park Commission and they concurred that they would not be interested at all in acquiring any park lands from this property but would prefer the money in lieu of the land. Lot 9 would be a through lot (having access on both sides of the property), but could be easily corrected by moving the cul-de-sac further to the east. Lots 2 and 3 will require lot width variances. Variances will have to be granted because each one of the lots will be served by a private road instead of a public road. 2 lots will be served by a shared drive. She noted that Planning Commission is asked to consider the need to extend the north/south outlot further north to service the northern parcels (in preparation of a future subdivision of these northern lots). Johnson noted that access to all newly created lets must be served by interior roads. Hanson stated that he felt there was no consistency with the subdivision as there are so many different sized lots. There is no cohesiveness in t:e layout. Mr. Vogt explained the property was platted in this way because a lot of the land is low and considered not buildable. 'there is one driveway currently accessing to Old Crystal Bay Road for the northern property so there would be no additional curb cuts and the northern properties just are not suited to be further subdivided because of the wetland. Johnson noted that it is inconceivable that a 30 acre parcel of property divined should have to require multiple variances. Building & Zoning Adminstrator Mabusth explained that Woodhaven Drive was platted right to the west edge suggesting a desire for a through road. When the City platted the Peterman Addition, there was clearly access taken to the northern border of that addition suggesting a possible need for an extension to the north. We have asked the applicant in their sketch plan to address tho_:� obvious concerns. The applicants have shown you a pattern and the roads would not be constructed until a future tiaie when the City required them. 14 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 8, 1987 #1192 MIRK HILBELINR/JOHN VOGT 320 OLD CRYSTAL BAY ROAD NORTH Bill Hull, 2445 Woodhaven Drive, and representative of the Woodhaven Homeowners Association, expressed concern regarding the extension of the east/west access. He noted that the property owners on Woodhaven Drive had chosen to live on a private cul-de-sac and would like to maintain it that way. They do not want a main thoroughfare through their neighborhood. Acting Chairman Bellows explained that by approval of this road plan with o•.xtlots extension designated for future road expansion does not suggest that these roads are to be developed at this point. The potential doss exist if the City should deem that for the health and safety of the public or if at a future date the City should create a through road. No one is suggesting that the connection is to be made now, all that is being said is the option has to be 'Aeft open. Bellows summarized that the Commission would like to see the east./west access on the plans, more common lot :,izes and oo variances required on these newly created lots. Ass* Planning & Zoning Administrator Gaffron noted that the applicL.its should present some of their initial, conceptual layouts that were discarded, to show their progression of thought so that the Commission can follow how and why they aot to where they are at with the layout presented here. He also noted that a soils map should be included. Maybe the items required for a sketch plan review should be examined and changed. APPROVAL OP MINUTES It was moved by Brown, seconded by Hanson to approve the minuteF .:f th:� August 17, 1987 Planning Commission meeting. Motion, Ayes 5, Nays 0. PLANNING COMMISSION REPRESHNTATIVE Johnson volunteered to attend the September 14, 1987 Council meeting in place of Cohen. Cohn was appointed to attend the September 28, 1987 council meeting. ADJOORMENT 10:55 P.M. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 ATTENDANCE 7:03 P.M. The Planning Commission meeting was held on the above date with the following members present: Chairman Kelley, Bellows, Cohen, and Hanson. Brown arrived at 7:08 and Taylor arrived at 7:14 P.M. Johnson was absent. The following represented the City staff: Building & Zoning Administrator Mabusth and City Recorder Peterson. Councilmember Callahan was also present. #1197 C. MICKS/M. FERRELL/G. COFFIN 3045/3085 WATERTOWN ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC BEARING 7:1 4-7:17 The Affidavit of Publication and Certificate of Mailing was noted. Ward Ferrell, Arlo VandeVegte, and Gordon Coffin were present for this matter. Zoning Administrator Mabusth explained that this application is not actually a lot line rearrangement and the the review involves more of a corrective action to offset incorrect legal desriptions of properties originally created within Auditors Subdivision No. 230. Staff recommends approval of the filing of the corrective survey that would redefine the legal descriptions of Lots 3, 4 and 5 Auditors Subdivision No. 230. Mr. Ferrell noted that the uisputed property consisted of 33' . There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to recommend approval. per staff recommendation. Motion, Ayes 6, Nays 0. 41201 . HILBELINK/J. VOGT 20 O CRYSTAL BAY ROAD NORTH C S III SUBDIVISION - PLAT PUBLIC HEARING 7:35-7:56 The Affidavit was noted. of Publication and Certificate of Mailing John Vogt, Mike h4 lbeiink, and surveyor Phil Nelson were present for tl-is matter. f 1 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 i1201 HILBELINK/VOGT CONTINUED Zoning Administrator Mabusth explained the revised proposal per the Planning Commission directives from the September 8, 1987 sketch plan review meeting. All lots are now served by interior plat roads and all lots meet the required lot width at the rear of the required front yard setback line, but Lot 8 is optional. She reviewed the outlots for future development not to be constructed at this time, only as a potential through road if the City deems necessary. In response to Chairman Kelley's question, Zoning Administrator Mabusth stated that criteria considered by the City which may necessitate the through road would be changes in density resulting from sewer. She noted that the City is not intent on taking over roads serving areas at 2+ acre densities, which they would have to do if a through road was put in. Phil Nelson explained the contours and soils of the property noting that septic testing has not yet been completeC, however, mound systems are anticipated for all lots. Bill Hull, 2445 Woodhaven Drive, stated his main concern is the traffic and safety with many small children in their area if a through road were constructed. He steed he has no ob j_ction with the -'an as currently 6 -uposed . Allen Engleman, 315 Old Crystal Bay Road, voiced concern with damage to the road and bridge from heavy truck traffic from the existing and future develpment. He stated that these trucks are over the posted weight limit asking what the City intends to do about it. Mr. Engleman was advised to submit photos that he has taken of such violators for appropriate staff person to enforce. Scott Goldsmith, 265 Old Crystal Bay Road, asked about the drainage from the proposed devele-rent; and will a nine lot plat create a ne^d for a ste m. sewer. Phil Nelson stated that approximately 95% of the drainage will go to the drainage swale by the railroad tracks. He explained the drainage pattern which is not anticipated to change by the proposed development. Chairman Kelley asked if a berm along Old Crystal Bay Road was planned. 2 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1201 HILBELINK/VOGT CONTINUED Chairman Kelley asked Mr.. Nelson if the farm property hay any existing draintile currently assisting the drainage that would be disrupted by the development and change the drainage. Phil Nelson stated he was unaware of any existing draintile but would check into it. John Vogt stated that no berm is planned, however, as in the last development, the future properiy owner may desire a berm. Staff advised applicants that a separate conditional use permit and review would be required for any berm. Plannina Cor nission voiced concern vith Lot 7 (which is proposed at 6.1 acres) being subdivided in the future. Phil Nelson stated that due to the soils and need to provide primary and alternate septic sites, he is fairly certain Lot 7 could not be subdivided further Zoning Administrator Mabusth concurred with Mr. Nelson on this point. Chairman Kelley recommended that a covenant be made to prohibit further subdivision of Lot 7. Bellows voiced major concern with ver,,, marginal soils and felt that the soils should also be tester' for suitable building pads. She was not in fav— -f a subdivision requiring all mound systems static; chat these systems are experimental and many have been kncwr. to fail. Zoning Administrator Mabusth stated that there is nothing in the platting code that would require soils tests to ensure }::1,}.ability. Servere:y marginal soils hate been used t, construct homes and that construction of such foundations result in increased construction costs. Chairman Kelley stated that although the City does not require it, he advised applicants for their own interest to consider the marginal soils and possibly have, � ;re soils te3ted for suitable building pads. It was moved by Chairman Kelley, seconded by Hanson, to table '-his matter and continue the public hearing pending completion of septic testing. Motion, Ayes 6, Nays G. 3 MINUTES OF THE PLANNING COMMISSION MEETING HELD SI:PTEMBER 21, 1981 #1201 HILBI:LINK/VOGT CONTINUED In response to Bellows' concern, Zoning Administrator Mabusth stated that the City Engineer and MCWL will be reviewing tha actual defined wetland area. #643 BRUCE i LAMILLE CURTISS 1920 PAGRRNESS POINT ROAD RECONSIDERATION OF VARIANCE APPLICATION Zoning Administrator. Mabusth explained the issues involved: 1) Providing a turn -around required as a condition for variances approved by Council on 9/14/81; b) allowing a 6' privacy fence that was constructed without Council approval and according to staff partially in the City right-of-way. Camille C rt iss was present for this matter and contended that they have no objection to installing the turn -around but believed that ;::lie City was opposed to the turn-arouni because it would result in more hardcover. Planring Commission and staff noted that based on the documentation from 1981 provided, the turn -around was zequired. Ilanning Commission recommended and Mrs. Curtiss agreed to installing the turn-arounu. Regarding the remaining issue of the fence, Mrs. Curtiss st-ted she was unaware that an additional permit was required for the fence and questioned that the fence was partially in the right-of-way. She noted that no further construction has been done on the fence since the City's stop work order posted 9/11/86, but it _- essentially completed. She submitted a petition fro- tier neighbors stating they have no objection to the fence. She stated that the fence is needed for the safety of children. Zoning Administrator Mahusth notes .,at in the 1981 review, t-he narrow depth of the lot a.id minimal grassed yard arez was discussed. There was no discussion of a fence fou,id in the review of that applicat4on but it is applicabip in the appl'-ation for reconsideration. Chairman Kelley sugg, that a shorter than 6' fence could serve the safety privacy concerns. It was moved by Chairman Kelley, seconded by Hanson, to table thi -.tter pending an of f ic.Li 1 survey tc, determine _ - fence location. Motion, Ayes F, Nays 0. e Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55. 13 612-636.4600 September 17, 1987 City of Orono Box 66 Crystal Bay, MN 51323 Attn: Ms. Jeanne Mabusth O Engineers 3 Architects Re: File N(. 139-1201 Hillelink-Vogt Preliminary Plat Dear Jeanne, uuu (+ R+nnuou. P L Nob", W At'—, l' L /wryA ( Awd,,1A P ! Nred/urd A 1—be I P ! Rwhwd L /rrwrr P ! /rmn C cmA ' P L 64Aw R C—A. P! Anrh A bw+hw. PI J N l�nrn. P! Par 6 Sr Arww A" P! ' 4V -'N L Sc' _k. P ! rbmV C bgerd, P L .r, A &—ddn P !. 11✓rf A ' (emY Pt /rd A /rr.d P / AI,. MrI! Nwrrwrnn I'1 N�•Irrr N Y/r//nG. L' f 1b..d0 Lr,f wr. Pi 1 h"m WPlmm— P L Mu Arr/C i1pk A. P! A urrw L M dh. P L /rww, R ALurend. PI A, —A P AndlY P ! A -A A dp Awown P! ALr.f N N'qf'. P ! N.Aw,, ( N.wA. A 1 A L.m I L.•.e. Y! (A.'A" A l wU.n L•o M P. w.:,Ar II JrHn N U(+un aw N L Arr/rw We have rc%iewed tho Hiibelink-Vogt Preliminary Plat. The plan as submitted is acceptable with provisions for controlling the site runoff. The property owner should provide a 20 foot wide drainage easement over the entire drainage ditch within the plat. The owner should provide a 15" diameter culvert beneath the access in the ditchline of Old Crystal Bay Road. A 1.5" culvert shout,+ also be provided in the low area beneath the proposed roadway so that surface wate• can be Lec- ted to the drainage ditch. We did not complete a hydraulic analysis for the wat^rshed to determine cul- vert size. We simply observed the existing cult' `s in the area. Roadways should be completed in developing this plat; pr ased roadways should be constructed through the Peterman Second Addition and -,e Woodhaven Addition to complete the road network in the area. Yours very truly, 60NESTROO, ROSENE, ANDF..RLIK 6 ASSOCIATES, If'C. Mich�eI C. I vnc h MCL: i 6619e 1 SI -OunOT A iz" W �UflLIN6TOh WRTHENU ' - Lr..r•. f.4 A q Jr t _ r • � � i r ... .•a • w..w. f»r•.has •ra .fo..trr ommasm was V.! / "Wow awas" ! i N •` O I I II icy I 7I rw w.e t►. frwN.a.N, / �. 1 J 1 •. .• f. T,. ...,.,.�.• Cwwt ). •r.wwM• «<M, ,.. Mr. l•.. 06 i) �� - `'�'f`, .r�'.'r e.<.: c.«. ..« » ,. . ... fta w• ..•• - �. J: rAp bL _ , ouTL0t �" / \ D`Ct� /'/ RV� r w. T.o •. ..• Y.f ! ) • «w. f � l � � to T . --.+• w+ l« • . • , f •.•.ra• 1 w w ! •emu ••'. f1 i t ., wuw • . t.f» ..... 1 S _BLOCK .. t"" _�—T.•f .`i �_ I w f— c.tf f ..�.N -4WL•.w s_ .• D-i ....W h.f�_ l....f r � 7- �L-METRO L� 1 RN ^•E_, .45,�+_ .. r _ ►i 1S4ELINK - YOGT Mike Hilbelink 85 Golden View nrive Long Lake, MN 55356 Z CITY of ORONO Post Office Box 660(.rystal Kay. Minnesota 5.ri3ZJeMunWpal Offie»s On the NoW. Shore of Lake Minnetonka December 22, 1987 John Vogt 155 Golden View Drive Long Lake, MN 55356 Re: Site Evaluation for Proposed odivision Gentlemen: I have reviewed the information submitted as a site evaluation for determining th; suitability of sites for on-si'.e sewage treatment systems for your proposed subdivision, Application #1201. I wish to :Hake the fol-owing comments and observations: I. General comments. A. Appearance and readability of report. 1. Cover letter contains the bare minimum information to be considered as acceptable, but is generally inconsistent_ in terminology (i.e. Lot III vs Lot 3; 30" vs 216"); typo's corrected by hand or not corrected gives a shoddy look. 2. Tt,e same numerical inconsistencies hold throughout the boring logs. 3. The lot diagrams are not to scale and the method of reporting test hole locations is barely functional since no bearings are given and locations are only approximate. Some distances were omitted, hence the reader must make some critical assumptions. Field inspection shows that some measurements do not appear to be correct. R. Content of report. 1. Relative boring elevations were not reported, and the proposed configuration of mound or trench sites is not shown; there is no indicated consistency in pert hole/boring layout that would indicate the appropriate longitudinal axis for mounds or trench systems. at 11 1 VAI A l I\o: t' 1 ' ?s a ADMI%Is Ik � 1'I014 & 114411 7)3O 0 PUBUK' WORKS 471 7M A441 �`Iti�. Hilbelink/Vogt - Site Evaluation for Proposed Subdivision December 22, 1987 Page 2 of 5 2. After attempting to transfer the borings to the proposed subdivision layout with topography and soils overlay (something that the developer should have done as part of the site evaluation submittal) it is apparent that boring logs indicate soils inconsistent with those mapped in the Hennnepin County Soil Survey. We have found similar inconsistencies in the plat of Woodhaven, to the east. However, a conscientious and thorough soils report would have noted the inconsistencies up front. Because of the omission, the credibility of the report is diminished. II. Specific comments on specific lots. Lot 1,. Block 1 Based on the diagram submitted, the proposed mound site encroaches into the proposed house site. Staff questions whe�her a trench system is apprDpriate at the primary site given the LeSeur loam soils mapped, which normally ha-!e a seasonal water table at 31. Additional information required: a) Staff to do confirmative boring in primary (trench) site; b) Additional boring and site review needed to confi m that mound can be moved further north or west without encroaching on drainageway at north end of lot, in order to give more flexibility in siting a house. Lot 2, Block 1 This lot has an existing house with a trench drainfield system. The alternate site, in a Lerdal loam soil, will require 1 mound system as proposed. HilbelinkjVogt - Site Evaluation for Proposed Subdivision December 22, 1987 Page 3 of 5 Lot. , 3 , P lock, 1 Both tested sites require mound systems. The soils mapped are Lerdal loam and D.Andas silt loam, both with expected seasonal water tables at 2'-3' below the surface, consistent with the boring information submitted. The tested sites are generally at the north side of the lct, leaving fairly good flexibility for house placement. Lot 4, Block 1 The tested sites both require mound systems. The house will have to be somewhat centrally located on the lot since the drainfield sites are on either side. Lot 5, Block 1 The tested sites are side by side and located at the northwest corner of the lot. Both sites will need mound systems. The mapped soil type is Dundas silt loam, which would normally be expected to require mounds. Lot 6. Block 1 Based on the soils map and topography, the soils on this site are eith^r fairly good or very poor. About 1/3 acre of Lester loam is located at the southwest corner, then drops off to a marginally suitable Glencoe silty clay loam with seasonal water table near the surface. The tested drainfield sites are close to the proposed house site and severely restri.,t the potential house site and configurations. The secondary site would appear to be less than 75' from the boundary of the designated wetland; however, this is not the type of wetland with cattails and open water but is a collection drainageway, hence the 75' setback is critical only as it relates to the ditched area. This lot leaves much to be desired; if approved as is, the house site would be very, _very limitgd. I suggest moving the road to the south to create a better building envelope. Lot 7� ,Block 1 Primary site is OK and appears it w' 11 meet 75' from ditch area. The alternate site is in a swale and is a poorly located site. Additional information required: test a new alternate site at the rear of the lot on higher ground. iiilbelink/Vogt - Site Evaluation for Proposed Subdivision December 22, 1987 Page 4 of 5 Lot S, ,Block +1 Both sites need mounds; the boring logs suggest that something other than Hamel soil is present, and some sand pockets were found. Lot ,1, _ Block 2 Primary site proposes trenches in an area mapped as Lester loam, which is consistent with that. soil type. Alternate mound site is in area of deeper topsoil lout probably not a Hamel as mapped, more likely a I.erdal o.- LeSesr 1.oam based on the soils indicated by the boring logs.. Lot__2,,,_§lock. 2 Same comments a, for Lot 1, Filock 2. Primary site - trenches are consistent with soil types mapped anti indicated on borings. Alternate mound site is also consistent for those soils. Lot 1, Block 3 Primary site - trenches. Staff will do confirmative boring; apparent sandy pocket is shown on soil survey. Alternate mound site seems OK and leaves a number of locations for house placemen'-. May be the best lot of the bunch. . . Sua ry: In general, the report provides :he minimum basic information needed to approve the septic sites; however, --hat information is poorly presented. Some of the hole locations are inaccurate based on the site inspection, and dimensioned incorrectly; and no re'ati%e hole elevations were given, which, except for the fact thsc a topographical map is a ✓ai lable, is something that should be provided in every case. I am recommending that the City require that certain lots undergo additional testing to find better alternate sites to free up some res`rictive building envelopes (and in one case to find an alternate site that is on higher, dryer ground). I have also recommended that the east/west road south of Lot 6, Block 1 be moved 50' to the south in order to give that lot some flexibility. I have also recommended that this item not be brought to the Council for preliminary plat approval until the changes and additional testing noted a-e complete nor until a copy of the proposed plat (with topography) showing the actual surveyed locations of all boring holes has been submitted. ^ Hilbe;ink/Vogt - Site Evaluation for Proposed Subdivision December 22, 1987 Page 5 of 5 I would like to meet, if possible, with Messrs. Vogt, Hilbelink, Koch, And Nelson as a group to discuss the above noted concerns as soon as possible to that the subdivision can continue to proceed smoothly. Sincerely 1,2 Michael P.�Gafgron, Asst Planning & Zoning Administrator MPG/t In ;enclosure - Subdivision Map With Proposed Changes and Additional Testing Peque-ted cc: Phil Nelson, 2340 Daniels Street, Box 148, Long Lake, MN 55356 Bob Koch, P.O. Box 81, Loretto, MN 55357 Jeanne A. Mabusth, Building & Zoning Administrator IUof Much 00000 f+ — vk F4 R Se oo I Ir i ltllttJNiIOM- '- NOwTMEi1N - A/1QiI0A0�� � ► -- Co_ -_---- Gci ' UnB_ - B 1 _ rr ...T....t ,. a ,.. _ O1— ., . . ,...... //.......1. _ w OIr-ar .l1Tt ct.! lr. t -- � / r — — ` �' 1_� Y 41'.r Ir.. 7 tc { {.ram• •Ir• Uc i , 0 • 1 \ r t.rYl lr., t T. { rrc��c •1 s..• ♦P � ` � 1 ` � W � {.wr Tw.. 1 t. { pvr..T .I r;. ' LtB NbW 1- I i TRO 8 RVFY a P"Umisary Mat _ ��. .._... ALL MF...1ftr�MV - - • wr_ .� US 431 Ta�rawEp r:. rin-cI HI�BELINK -VOGT � ,.- 7-1 ��rr- y To: Jeanne A. Mabusth, Building 6 Zoning Administrator From: Michael P. Gaffron, Asst Plannin.a Zoning Administrator Date: ,ianuary 6, 1988 Subject: Hilbelink-Vogt Sut,division - Additional Septic Testing We have received additional septic testing for Lot 7, Block 1 and Lot 2, Block ?. The additional site tested on Lot 7 was found to contain some sand lenses and might be suitable for shallow trenches, but if not, is definitely OK for a mound. The frost was too deep to do perc tests, they will have to be done later„ As we have recently discussed, it would seem very appropriate to move the west line of Lot 7 further west so the lot boundary will contain the entire open field area that will likely be used as yard for Lot 7. As a result of the Rovement southerly of Outlot D to expand the building envelope of Lot 6, Block 1, more borings for an alternate site were done on Lot 2, Block 2. This site will require a mound. Perc testing will need to be done later. During road construction, all drainfield sites should be staked out, and the following lots should have sites fenced off prior to excavation of the road: - Lots 1 and 6, Block 1 Lots 1 and 2, Block 2 Any sites near proposed borrow or fill areas. sS T LOT *000fty N DRIVE C $ LEGAL DESCRIPTION: The Northwest 1/4 of the Southeast 1/4 of Section 33, Township 118, Range 23, Hennepin County, Minnesota except that part taken for Railroad. AREAS: Total Gross Area = 35.10 Acres Total Net Area = 34.22 Acres PROPOSED LOT AREAS: Lot 1, Block 1 = 2.00 Acres Lot 2, Block 1 = 2.00 Acres Lot 3, Block 1 = 2.20 Acres Lot 4, Block 1 = 2.50 Acres Lot 5, Black 1 - 3.60 Acres 3.10 Acres above wetland Lot 6, Block 1 40, 0 Ac~re � 0 Act s above wetland ``2. Lot 7, Block 1 b: 0 Acres Lot 8, Block 1 2.00 Acres Lot 1, Block 2 = 2.00 Acres Lot 2, Block 2 = 2.40 Acres Lot 1, Block 3 = 2.$0 Acres Outlot A - 0.13 Acres Outlot 8 ■ 0.27 Acres Outlot C a 0.10 Acres Roads = 2.22 Acres NOTE: Wetlands shown from Clty of Orono napping and area figures are taken from said maps. SCALE I1. i 301 BOOK PAGE PREPARED FORO. FILE No. H ILBELINK - VOGT To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: January 7, 1988 Subject: #1223 John B. Waldron, 1951 Concordia Street - Conditi.)nal Use Permit & Variance This item was tabled at your December 14th, 1987 meeting at the applicant's request. The applicant has submitted 2 additional exhibits, and has requested that the files for No. 741, William Sinclair and No. 910, James Hoff be included in your packet for review. Mr. Waldron Feels that these are 2 situations similar to his where the City approve. ;fading within the 0-75' setback zone. List of Exhibits Exhibit A - Photo of Walkout Example Exhibit B - Letter From Service Engineering, Inc. Exhibit C - Notice of Council Action Dated 12/15/87 Exhibit D - File No. 741, William Sinclair, 1360 Cherry Place Exhibit E - File No. 910, James Hoff, 2056 Shadywood Road Exhibit F. - Memo & Exhibits of 12/09/87 Discussion - Exhibit A is presumably a picture of a walkout type situation similar to what Mr. Waldron proposes. Exhibit B is an engineering anaylsis by the applicant's consultant as to two alternative slope restoration methods. This exhibit was delivered on January 7th and transmitted to City Engineer Glenn Cook that same day for his review. A letter from Glenn is expected at the Monday night meeting. Staff has reviewed file Nos. 741 and 910 and would make t.hp following comments as to their relevance to the Waldron application: #741, William Sinclair, 1360 Cherry Place - Mr. Sinclair in March 1983, proposed to construct a walkout basement similar in somc respects to that proposed f Mr. Waldron. Sinclair proposed to expand his existing 24'x44' residence by remodeling his basement with a walkout or adding a wing to the north. His existing foundation was unstable and needed repair or replacement. Sinclair proposed to excavate a walkout basement, considering that he was going to have to excavate to repair the foundation anyhow. Th. F-ulk of the proposed grading would take place in the 0-75' setback zone _ was no closer thar, 40' to the shoreline. The City ultimately approved this application based on a listing of 15 findings as noted on page 1 and 2 of resoli-tion No. 146" (Exhibit D, attached). To summarize those significant findings: Zoning File #1223 January i, 1988 Page 2 of 3 A) A portion of the existing foundation must be replaced regardless of any additions or grading. The owner requires additional living area and his two feasible options are to create that living area in the existing basement by creating a walkout, or placing an addition on the north side of the house. (These findings would constitute his hardship.) B) (These are factual or procedural findings.) The construction of a walkout on the lakeshore side of the house will require th, ,emoval of approximately 600 cubic yards of fill and major alteration of the lakeshore banks located within 75' of the lakeshore. The land alteration will be done in 2 stages over a 24 to 46 i cur period of time. Thn first phase will deal with the excavation around the house and the second phase will involve the removal of app-oximately 6 feet of the lakeshore bank. D) (These findings deal with the resulting effects of the project.) The walkout will provide additional living area and the owner will not have to construct an extensive addition on the nor' side of the house which would create additional hardcover. When completed the lakeshore bank will be at a grade that will allow easier maintenance ar9 decrease the potential for erosion of the lakeshore bank. The Cil- f Engineer finds no significant impact on quality and quai-Ai.ty of runoff as a result of the proposed construction and land alteration and similarily finds no effect on the neighboring properties. The resulting walkout cut was determined to not have any significc. detrimental impacts to the lakeshore. The grading was approved subject to the condition that erosion controls would be in effect during the grading and that the 2 phases of the project would be suitably inspected by City ataif. To contrast the Sinclair project with the Waldron project, the extent of intrusion into the lakeshore setback zone was significantly less Mith the Sinclair project. Most of the grading took place at least 40' avay from the lakeshore. with the Waldron project, most of the grading is proposed less than 5i.' from the lakeshore. In other ways the two projects are conceptually very similar considering that both Waldron and Sinclair were motivated by the potential of making th :-isting basement space more usable by creating a walkout. #910, James Hoff, 2056 Shadywood Road - In this application lair. Hofr had an existing lakeshore yard with slope of approximately 38% from a high plateau down to the lakeshore. He had always mowed *hat open yard area but was concerned about the safety of maintaining it. He proposed to reqrade the slope to approximately 24-30% by shaving as much as 2 feet from the crest portion of the slope. The Council ultimately approved this application, which included grading work within the 0-75' setback zone, based on the fact that applicant Showed by soil borings that the yard had previously been filled and that his project would restore the grades to near their original configuration. Zoning File #1223 January 7, 1988 Page 3 of 3 The motivation for the Hoff project was me_-ely for pirposes of creating a safer yard maintenance situation. There was no intent or proposal to create a walkout situation, nor was there a stated concern about stability of the slope. Other than the fact that grading was done in the 0-75' zone, staff sees the Hoff application as havinq little relationship to the Waldron proposal. Staff Recoa ndation - The staff recommendation as outlined in the December 9, 1987 memo still holds. From an engineering standpoint, Waldron's proposal would likely result in similar runoff infiltration characteristics to any of the alternative methods for bank restoration. Aesthetically, the proposed project is arguably inconsistent with the character of the existing shoreline. Because this is a conditional use permit and variance application, staff feels approval of the walkout cut can be approved only if hardship is shown, and it is arguable whether the applicant's stated hardships are valid. Staff feels that approval of the Waldron project would be precedent setting in relation to the most recent Council action on similar requests. Staff will draft a resolution based on Council's action for your next meeting. • i' •t f `- t: �,.\ .'i.'r+C~: ;�'�v"lit. _w`�i ib.adliail+ lf"'4�i ` _ •�+1 M tX14 a i --7- ?re, SERVICE ENGINEERING CtV0. EN011!�tI1N10 COIM1llTAN1t •t!•114ft�1 P.O. e0 4MY • •T. PAUL. IN N61 p11 ng analysis is oaseC a .1'; @nue -)r Lal•s askEo aer,ormine an estimate of ..:.sts ter 3 -.crr, .;;s •sr.icn aro d3iny cons iderso tc repair a fa, ad m ope. :w0 s'.L@r^d.i•ias ars 3 -z?- reir-�rcec sI J a ibwall system. 'nf reinforsee, slope s,ter iat-�a Js_: zD',ymer grids which a'_a 7 -Ai d horizontally i nta amca^,.tee••- _ 'enforce the ac ' f}-@ $100e .5 a e faUre :• an a :r.,js zr4*ate a atao,a slope. ",e is remo,-s:. t7 ^•J 1'nes shown ,n the •Att3crie.; _harsh and if the mats-'.3'. romc d is suitaole t 3 'gip'a:. E. incn Compacted -.Its .,•.:t .r,e y.'iCs tetween t'�e 'ayer'3. �:��, cor~pletior zr.s fa.• ;s o•.erect with tGpa^: .srz;ar.r._t -inti • t �t _ . - - _ :3 ces' _ •o,: assumed a ' .: c Vdl ;,,, it�,n-.3, ���_ ._ _"•fir- sect;_,,s are �...,$:. of being design with the front face Sing a wrao arounc pr'lcedure tc ricla in .rs ::,c,-' . -.e -rio wall alterriativa co^s;Sts o` nata;ling timber. .'9*.a or a st49' cr'b. The 3ry similar to i incclr. Oga or, a gr.ar .3ca e . Ti-.e :r ' L ,•gar c ,seara-'l my 3.',J ar ' ;.i ne .ra" front oe left as 't s or co.7-r_ ^v3'_U' 3 rc.%t w e•i A tap1`1Ot 4► •�i �i C3i�.�C"cr.# .�i I'* a are in, :er r1,11 SERVICE ENGINEERING CMl tMalMttAM10 CO/NtATAN1/ •�7•f14lt�T Ro toac wat ST. P&AA. M M101-=41 Alternative A R2-nforc�rd slcoa Ot"�7 44; yar,::.. S 4245.300 Re:, i3cement 2500.:0 Cleanup icoo.00 Profand cont;ngenc, 3 1Z'50.0 Tota . 3 10:>Z.. L, J A.':3'r3-,, ei ., 9 yar Prc= arc _:;rt,ngercy S _ 1 . SERVICE ENGINEERING CIVIL 104MMKENING COOMATAIM 612-770-547 p.0. @OX gMy • $T. PAUI~ INN SSICI.0341 an B r..-•ad r• -�_�:. ~ `, 'a.:. �% � . �� rs: , _3 � G' a ��....� 'ar .. � uaca , ..� _ :ha- ear, .:..t,._ t a.-.c; i ..�•..JL't ^aserent and nasvr9. e- 1-� a..`rit r.'$ ,;:w tl:ay S S . are a a°' 3rnat-ve ..'.d 1t ®dsb .. «,.. •+ -er and reduce ,.. `Q reGdt iLrt"'. `'.Jrd3. Tad • - :� �rre iz �) 1 "a a, i SERVICE ENGINEERING CW0. ENGiNE(OING CONSULTANT! 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DATE CHFC✓.EOBv OAIE 'CALL --- i j�E• Df=- M !OR SHEET NO OF CALCULATED OV SERVICE ENGINEERING DATE ILE CIM EP4C.-fCPING CONSUs TANTS CHECKED Oy C, SCALE SERVICE ENGINEERING CIVIL LNG--*Wem1NG CONS.JLTANT3 CALCULATED Br/. _ _ DATE CHECKED by . _ .-----_^-_ - DATE SCALE — --- - -- - TYGILE For— CIF' , 7's /Z61;;t� x loF k4l 4- SERVICE ENGINEERING CIVIL FNWNEFPi GCONSUIYANTS AF_ 1 SHEET ► O - --� -- ------ - - OF CAICUTAIEA SY -----_ DATE _ l.I. ''/ •'-�J ✓� _ -- CHECKED Elf _ DATE SCALE - --.-.- - ,----- SERVICE ENGINEERING CIVIL CNr.,NFLMING CONSULTANTS f � y t J SHEET NO -_� L�_--_-____ Oi CALCULATEOBY CMECKEOBY OAT¢ . _ SCALE �- - - -- -- - - -------- - OF SERVICE ENGINEERING CAkCuurkD BY v'??��_ _ DAtE CIVIL ENGINFf NING CONSVLTANrj CNLCKED BY _ -_ _ DAt[ .,:ALE .�_--------- -..,_..�-- ----^----- - - - n-OP6 (l 7� cis Eer,- o,76 F1%U e% C?k= Z115-1 aff4 v */,, oc>/Y % P/'b �lCC�-cJi4-%ick( w APPLICATION NO. 1223 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 12/15/87 --------------------------------------------------------------------------- TO: John B. Waldron COPIES: 1951 Concordia Street Wayzata, MN 55391 TYPS OF APPLICATION: Variance/Conditional Use Permit -----------------------------------•------------------------ DiATE OF MEET.INGs 12/14/87 VOTES 5 For 0 Against COUNCIL ACTION - MOTIONS Tabled at applicant's request. The next scheduled Council meeting is January 11, 1988. If you have additional information to submit to Council for review, please submit that information by January 5, 1988. City of ORONO RESOLUTION OF THE CITY COUNCIL N�1487 NO. GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 31.700 AND A VARIANCE TO MUNICIPAL 'ZONING CObE SECTION 31.983 !FILE 741 3 b o cocrw-'y P"W-jF r,dUEREAS, WUliaa C. Sin -lair is the owner (hereafter "owner' of property legally described as Lots 2 and 4, Bloc'-c 11, Saga Hill Revised (hereafter "the property"), located within the Citl of Orono (hereafter "City"); and WHEREAS, the owner has applied to the City for a Conditional Use Permit for land alteration as required by Municipal Zoning Code Section 31.700 and a variance to Municipal Zoning Code Section 31.983 to permit the alteration of his lakeshore bank located within 75' of the shoreline of Lake Minnetonka; Section 31.983 does not permit excavation of the area within 0' to 75' of the lakeshore. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS The application was reviewed as Zoning File No. 741. 2. The property is located in Lr.e LR-1B T,akeshore Residential Zoning District. 3. The owner ;rust replace an unstable section of foundation located in his lakeshore yard. 4. Thy cwner requires additional living area and at the t.Lme the foundation is replaced, '-ie proposes to construct a walkout basement area providing below grade living area. 5. The construction of a walkout at the lakeshore side of the house will require the removal of approximately 600 cubic yards of fill and major alteration of the lakeshore banks located within 75' of the lakeshore. 6. The land alteration will be done ir two stages over a 24-48 hour period of time. 7. The first pnase will deal w:.th the excavation around the house and fhe secon,' ,phase will involve the removal of approximately 6' of the 'lakeshore tank. D-Z City of ORONO RESOLUTION OF THE CITY COUNCIL 1487 AJ • CS 8. The walkout will provide additional living area and the owner will not have to construct an -xtensive addition on the north side of the house creat ng additional hardcover. 9. When completed the lakeshore bank will be at a grade that will allow easier maintenance and decreases the potential for erosion of lakeshore bank. 10. The City engineer in his report, dated 4-18-83, finds no significant impact on quality and quantity of runoff as a result of the proposed construction and land alteration. 11. In that same report, the City engineer finds the proposed land alteration does not affect the neighboring properties. 12. The City has received no negative comments from the surrounding property owners notified during the review of application No. 741. 13. The City Cou.-icil has considered this application i.:-luding the findings a recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect cf the proposed land alteration on the health, safety and welfare of the community. 14. The City Council finds that granting a Canditional. Use Permit to alter the lakeshore bank as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, aii nor pose a fire hazard or other dancer to neighboring properties, nor will it depreciate surround- ing property values and that the land alteration and the manner in which the excavation is to be tarried cut to be in keeping with the intent and objectives of the Z(_r,ing Code and Compreiik.,_.i%'e Elan of the City. 15. The City Council finds that granting a variance for the land alteration as proposed as necessary to alleviate a demonstrable hardship, is necessary to preserve a substantive property right of the owner and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan c.f the City. TRANSFER ENTERED JKPAilIM141 QI PMKRTV 1AAANA :GI' 6 = M'WtN CUUNTY MINN L> > City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1487 CONCLUSIONS, ORDER AND CONCITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Zoning Ordinance 31.983 and grants a Conditional Use Permit as required per Zoning Ordinance 31.700 to permit the excava- tion of thelakeshore bank, portions of which are located within 75 feet of the lakeshore subject to the following conditions: 1. Stakud hay bales and a fabric silt fence must be used for erosion control during ccnstruction and until vegetatir- is established. 2. Staff must be notified prior to second phase of land alteration (lakeshore bank excavation) in order to assur! proper erosion control devices have been installed. 3. The boat house located on the lakeshore of the property has been inspected by staff on May 10, 1983 and found to be in excellent condition. The structure is a non conforming structure and subject to all pertinent municipal ordinance. 4. No other variances are granted or permitted for this application. 5. Violation of or note -compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall he punishable as a misdemeanor. E. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the ch,-ii 3f title of the property. Adopted by the Orono City Councii on this 23rd Say of May, 1983. ATTEST: lber4'a M. Strom, City Clerk Ma C. 13ut cr, Maycr `Wi11iaSinclair c- ro 4f1 aza '�5t ow au 41 96t 9lZ lye a� 9Y 43 JA i I . U11111, (W ORONt'� � {•spit( Iliev 10,ot'r% I.iI Il,t.•, h1iitnt•paiht I*.,. i a NI it it iv q I.,1 (11fiverl TO: William Sinclair 1360 Cherry Place Mound, Mn. 55364 Copies to: ::ontrot No. ;feeling Date Notice Date 741 'D - May 9, 1983 Mav 11 Y Variance _A Conditional Subdivision, Subdivision, 1983 Use Permit Preliminary Final 'dks'r�k:4'<tsle:YsY�'r4r::sYsru::.....rsr:r:r:....... ....::......•....., ............., ., .: �:.: i:......:r:.:r:es'c:.:':..:: i::':lose:, ., sr•...:r:c:r:, ......:Y•..., ...... COWCIL ACTION Vote: 5 For Against Abstention MOTION tc�_conceptually approve your variance and conditional use permit application and directed staff to draft a resolution ming that action for presentation at their meeting of May 23, 1983. +'gilding Inspector will inspect the boathouse for structural stability. I will advise you of his findings. ..:s'r:.:'r:Y:.:t::.:s'-...:srs':.:s'r:'::c:...:rsY:.:Y:.'c.lrs'::citsY:..,..:Y:..N•.'r:.....::. ..., ... .:: •.. ':•':::: '•:Y::: :'r:r:rit :•ir :: Y:': -t:'t:. —:r:c: DEADLINE DATE for submittal of new information (application may be considered for,ally withdrawn if info-nnation or explaration is not provided) . for Work Permit _ for work to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact wilding Inspector before beginning work. _ VARIANCE APPROVAL is limited to th-2 extent shown on approved plans. Do not change plans. Variance autt:ority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified abnve. _ PREL.IMINARY SbT�DIVISION APPRO'JA?. - Applicant must provide all information and/or improvements required for final. approval. Contact Zoning Administrator. FINAL SuB DIVl.S1ON APPROVAL. - Applicant must have drawings, resolution and -ill other required doettmrnts recorded, with certification of such recording returned to the City by teadline date-. ►tified copies of official�City Council Minutes may tie cihtafnecT-Ty cotltr;cting the City Clerk. Allow at least three weeks from niteting (late. REGU1.Al2 MEETING OF THE ORONO COON' :IL, MAY 9, 1983 PAG1. �" to 5. App'licant to resolve drainage problems and encroachment of driveway with owner of Lot 1, r Liberty Acres - resolution of problem prior to final plat approval. 1738 - KIP NELSON 4580 WATERTOWN ROAD CONDITIONAL USE PERMIT "1741 - WILLIAM SINCLAIR 1360 CHERRY PLACE Motion, Ayes (5) - Nays (0). Mayor Butler moved, Councilmember Adams seconded to table this application due to the applicant not being present. Motion, Ayes (5) - Nays (0) . Zoning Administrator Mabusth reviewed this application with the Council. Mr. -ind Mrs. Sinclair were presentrFgarding their application. Councilmember Frahm asked the Sinclairs about their boat house. What condition was it in? Mr. Sinclair stated that it was in good condition, he does not keep a boat in the boat house but he does use it for storing all his life jackets, etc. Frahm directed staff to inspect the boat house for structural stability. Frahm advised the appli- cants that if the structure is found in serious disrepair, staff must bring the report to cou--cil for action on the boat house. Mayor Butler moved, Councilmember Grabek seconded to approve the Variance and Conditional Use Permit of William Sinclair for 1360 Cherry Place per the findings and conditions set by the Punning Commission and Staff as follows: 1. No increase in hardcover. 2. Lakeshore banks will row be at a grade for easier maintenance and decreases potential of erosion of lakeshore banks. 3. No significant impact on quality and quantity of runoff. as a result of the proposed construction. REGULAR MEETING OF THL ORONO COUNCIL, MAY 9, 1903 PAGE -5- 4. The proposed alteration does not affect the neighboring properties. 5. The proposed plan will alleviate need to expand to the ncrth and increase hardcover. CONDITIONS AS FOLLOWS: 1. Staked hay bales with a fabric silt fence be used for erosion control during construction and until vegetation is established. 2. Staff to be notified prior to second phase land alteration (lakeshore banks excavation) to assure proper erosion control devices have been installed. 3. Staff to inspect boat house and if structure is in serious disrepair, the question of r%•moval of said structure must be addressed by Council. Motion, Ayes (5) - Nays (0) . 1742 CRAIG OLSON CONDITIONAL USE PERMIT RESOLUTION 41483. Councilmember Grabek moved, Councilmember Adams seconded to adopt Resolution 41483, A Resolution Establishing A Conditional Use Permit For Operation Of A Lawful -Nonconforming Use of Land, for Craig Olson, 1950 Shoreline Drive. Motion, Ayes (5) - Nays (B) . CITY ENGINEER'S REPORT No report from the City Engineer MAYOR'S REPORT Mayor Butler stated she had nothing to report at this time. CABLE TV REPORT None TRANSPORTATION REPORT None ( RESOLUTION $1484 ORONO GOLF COURSE ^.ity Administrator Benson -fed Resolution 414R4 with the Council and a any questions they had regarding the tran:,tec. i �o T)- 5 TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zonin; Administrator DATE: May 5, 1983 SUBJECT: #741 - William Sinclair - 1360 Cherry Place - Variance & Conditional Use Permit Zoning District - LR-lB Area - 0.53 acre or 23,940 sq. ft. Allowed Hardcover - 4,110 sq. ft. Existing Hardcover - 2,798 sq. ft. 75'-250' Existing Hardcover 414 sq. ft. - 0-75' Application: a) Variance - 31.983 - Excavation within the 75' setback protected area is prohibited b) Conditional Use Permit 31.700 - Major land alteration anywhere in the City requires a conditional use peimit List of. Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Exhibit E - Flocr Plan Exhibit F - Site Plan Exhibit G - Engineer's letter - April 18, 1983 The Sinclairs must replace the existing, unstable section of fo, ion under the livingroom area of their house in order to stabilize L.. now shifting foundation. Their home is of modest siza and they require additional living area. Their choices are either to add an extensive addition on the north side of the house or at the time the lakeside section of foundation is replaced to dig out around the foundation and create a walkout basement. Review the contour map - slashed lines designate the area to be excavated (960 contour through 954 contour) - a drop or removal of six feet of earth - total 600 cubic yards of fill - 60 tandem -sized dump truck loads. In creating the walkout, the steep lakeshore bank will be cut back and allow for a more graduated access to the lake and the removal of upper section of the existing access stairs, approximately 100 sq. ft. of hardcover. I have reviewed the application with Mike Panzer of the Minnehaha Creek Watershed District and he advised that the proposal does not require permitting or review of the District as it invo�ves a single property and the location of the: property is not in a "strategic" area. #741 - William Sinclair May 5, 1983 Page 2 In consideration of similar applications reviewed last year, as the Zoning Administ:-ator, I have appreciated the fact that the Sinclairs have consulted with staff and sought advice rather than staff having to stop construction when the simple foundation replacement turns into a major land alteration and we are once again reviewing an "after-th,-� fact" application. Staff forewarned the applicant of the restrictive ordinances dealing with alteration of areas within the lakeshore protected area. (0-75'). The applicant has been made aware of Council': conservative position on such applications and still he persisted convin,:ed of the many positive benefits of the proposed application. fie contends replacement of the foundation will necessitate alteration of his lakeshore yard (10' into the lakeshore yard) and if below grade living area is not possible, they will be forced to add a major addition on the north side of the house. Please review thv City Engineer's review of the proposal. The land alteration will be done in two phases over a 24-48 hour period. The first phase will deal with the excavation around the house and the second phase, the excavation of the lakeshore bank - review Exhibit F - the 954 elevation marks the limit of the lakeshore excavation. Cook has recommended specific erosion control devices for this type of land alteration involving steep lakeshore banks and the closeness to the lake. Planning Commission approved the conditional use permit and v,riance application of William Sinclair to permit major alteration of the lakeshore bank of his property based on the following findings and hardships: a) hardships are as follows: 1. location of the house in relation to 75' setback area 2. steep lakeshore bank L) findings are as follows: 1. no increase in hardcover - removal of approximately 100 sq. ft. of hardcover within 0-75' setback area 2. lakeshore banks will now be at grade for easier maintenance and decreases potential of erosion of lakeshore banks. 3. no significant impact on quality and quantity of runoff as a result of the proposed construction 4. the proposed alteration does not affect the neighboring properties 5. the proposed plan will alleviate need to expand to the north and increase hardcover. Approval is suhject to the following conditions: 1. staked hay bales with a fabric silt fence be used for erosion control during construction and unti_1 vegetation is established. D--iU M74l - Willie.m Sinclair May 5, 1983 Page 3 2. staf:: to be notified prier to second phase land alteration C ake shore banks excavation) to assure proper erosion control Oevices have been installed. Please review the minority opiniDn of one in the Planning Commission minutes of Ai:)ril 18, 1983. Council action - give conceptual direction to staff to draft approving or denial resolution for presentation at next Council meeting. PAGE-I.- -ID-1 1 2. Rental of second unit ceased in 1978. The rc_ntal " of the secu,id unit cannot be permitted per Ord. 31.105. 3. Guest house use cannot be approved because lot standards of the RR-lA Zoning District cannot be met. 4. State Statute prohibits the City from approving a second residence Gil the property - municipalities cannot issue use variances. Staff must determine the necessary structural modifications in the subject structure to remove classification of residence. Motion, Ayes (7) - Nays (0). #740 - EDWARD T. LEHMAN 2450 Carman Street Variance `tember Goetten moved, Member McDonald seconded, to table the application for a Variance for Xr. Edward Lehman at 3525 Shoreline Drive regarding 2440, 2450, 2470 Carman Street. Motion, Ayes (5) - Nays (0). �- (y741 - WILLIA`t SINCLAIR 1360 Cherry Place 1tr. Sinclair and Mr. Ted Rozenboom were present regarding Variance + Conditional Use this application. Member Goetten moved, laember Adams seconded, to approve the Variance and Conditional Use Permit subject to the fallowing conditions: 1. Applicant must follow temporary erosion control method setforth in City Engineer's letter dated 4-18-83. 2. Alteration of lakeshore yard shall be done in 2 stages. (First Stage - foundation work ) Second Stage - Alteration of lakeshore bank) the work to be completed within 24-48 hour period. Motion, Ayes (6) - Nays (1) McDonald Voting Nay McDonald stated her reasons for voting nay are as follows: 1. A negative precedence setting for a 75' setback standard. 2. The foundation could be repaired without causing major lane: alterations. 3. The 60 dump truck loads of earth to be removed are excessive. 4. No erosion problems of the bank, no obvious erosion problems of the existing lakeshore bank. 5. You would nullify the intent of the existing ordinance. #742 - CRAIG OLSON 6. No visible hardships. 1960 Shoreline Drive Conditional Use Permit Member Adams moved. Member Callahan seconded, to approve the Conditional Use Permit for Craig Olson at 1960 Shoreline Drive subject to tho following conditions: cost UIL.w ,L,z bb•l.vyetai wy. minnesuta o.Ao.r--u---, — . . Telephone 473.73,57 Mr. b Mrs. 1:i I 1 iam Sing lair 1360 Cherry Place Mound, 1N11. 55364 NO110E OF PLANNING COMMISSION ACTION 'date of Meeting 4-11;-83 Votes : -6 For _ 1 _Against Pla: ng Cor ini_csion recommends the following: Variance _ Conditional Subdivision, Date of Notice "� IZ Use Pet?niL rre1iminary 4-19-h3 Copy: Mr. Ted Rozebloom Approval: As submitted x Approval: Subject to conditions noted Approval: Additional information required befora Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study _ No action required 70TES AND SPECIAL CONDITIONS (1) Applicant must follow temporary erasio_� 1uitr-' __ method setforth in City Engineer's letter dated 4-18-83. (2) alteration 0 lakeshoie ye-.d shall be done in 2 stages (first stage - foundation work - second stage - alteration of la'— si,:re bank) the work to be completed wit: in 24-48 hour period. Review enclosed letter from Glenn Cook. 11 A 11 Applicant's next scheduled meeting is confirmed as: U Applicant'a �— additional meeting is for the Planning Commission _ Council X1r 9, 1983 next scheduled meeting is dependent upon receipt of information. Deadline for the or meeting. r- I, all cases, the application must be cortinued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Administrator. If you desire certified copies of the official Planning Commission M.inute�, they.are available from the Building and Zoning Secretary upon review an:1 apprc.val by the Planning Commission. 4M&44.4 & 9,w. 2535 */ `1....A #.pA." 36 8/ n.v. M-- • 55I13 PA... 6/2 - 636.4600 April 18, 1983 City of Orono Box 66 Crystal Bay, Mn. 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139 Sinclair Residence Dear Jeanne, MuLru N Novnr PI j—ph ( 4.4"I.l. P / Br.dfiad .1 I —tong. P I ".hod I. 1..rr, P I l.rrwl ( Ml... P I 1 APR 19 ; U CITY OF C;�ONO I-)3 blr..N (...1 PI ArnA A Lurd.m I• I M•, Amd N /ourv, /' f R.•drvl b A/rn.. Al. "I W."'. I 4.rw1u. I' I !an A 0-0— P I Atoll A Iloom.., PI Ted A F.►hl. P I Ma A.rl 1 X-1 0.., PI •k P I I.,. At /5r..l.l . Il.vbn M. ( •h.... This letter is relative to our inspection of the Sinclair residence on April 15, 1983. The grading plan proposed would not significantly alter the volume of storm water runoff from the site. There would be a slight increase in the concentration of storm water in the center of the excavated area but not sig- nificant enough to cause any additional problems on the slope down to the lake. We would recommend that staked hay bales with a fabric silt fence be used for erosion control during construction and until the vegetation is established. We do not foresee any significant impact on the quality or quantity of runoff as a result cf the proposed construction. Yours very truly, BONESTR00, ROSE:T, ANDERLIk h ASSOCIATES, INC. /l Glenn R. Cook GRC:11 4491b TO: Planning Commission Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: April 15, 1983 SUBJECT: #741 - William Sinclair, 1360 Cherry Place - Variance & Conditional Use Permit Zoning District - LR-lB Area - 0.53 acre or 23,940 sq. ft. Application: a) Variance - 31.983 - Excavation within the 75' setback protected area is prohibited b) Conditional Use Permit 31.709 - Major land alteration anywhere in the City requires a conditional use permit The Sinclairs must replace the existing, unstable section of foundation under the livingroom area of their house in order to stabilize the now shifting foundation. Their home is of modest size and they require additional living area. Their choices are either to add an extensive addition on the north side of the house or at the time the lakeside section of foundation is replaced to dig out around the foundation and create a walkout basement. Review the contour map - slashed lines designate the area to be excavated (960 contour through 954 contour) - a drop or removal of six feet of earth - a total 600 cubic yards of fill - 60 tandem -sized dump truck loads. In creating the walkout, the steep lakeshore bank will be cut back and allow for a more graduated access to the la..ke and the removal of upper sections of the existing access stairs. After Planning Commission action, the applicants must file for a Minnehaha Creek Watershed District p.-emit. In consideration of similar applications reviewed last year, as the Zoninq Administrator, I have appreciated the fact that the Sinclairs have consulted with staff and sought advice rather than staff having to stop construction when the simple foundation replacement turns into a major land alteration and we are once again reviewing an "after -the -fact" application. Unfortunately, I have had to postpone several sche`,tiled site inspections of the property because of rather unusual spi.zq weather. We will be trudging throught the snow drifts on Friday and aL Least his oral comments and answers to my questions will be presented at the meeting. In consideration of the plan presented for this review, my questions are as follows: 1. There is no information on temporary erosio.i control deg, ces - how do ,.-.hey plat to protect the lakeshore du inq construction? #741 - William Sinclair April 15, 1983 Page 2 2. :s Cook satisfied that the abutting neighbor's properties are not affected by land alteration - is drainage kept away fr.Dm side property ling: s? 3. What kind of ground cover, terracing, etc. will be used to stabilize the disturbed lakeshore bank? 4. Does the proposal alleviate the erosion problems of the steep lakeshore banks? If Planning Commission feels they can act on the appLication after the engineer's comments are reviewed, the following find;.ngs can be used, if the conditional use permit is to be recommended for approval: 1. No increase in hardcover 2. Control of the erosion on steep lakeshore bank 3. Proposed plan will provide more grassed areas fo:: surface drainage draining direct to the lake 4. Provide more graduated access to lakeshore and the removal of the upper section of access stairs. CITY of ORONO NO P-1. Offire 14irx 66GUrystal B-y. Mtnnesul:. `6323*Muntctpal Office. On the North Shore of Lake Minnetonka April 6, 1983 Mr. Glenn Cook Bonestroo, Rosene, Anderlik & Associates 2335 West Trunk highway #36 St. Paul, Minnesota 55113 Re: #741 - William Sinclair 1360 Cherry Place Conditional Use Permit r Variance Dear. Glenn: The above referenced application will be reviewed by the Planning Commission at their April 18, 1983 meeting. The app? ^ation involves extensive land alteration within the 0-75' st-tback area. The engineer/architect, Ted Rozeboom (332-3944) will send plans under separate cover for your review. Call me when they arrive as they are incomplete and 1 am sure you will need additional information. 1 ha-e already called with several yucstions of my own. Please call at your earliest convenience and we will arrange a site inspection of the property. Sincerely, 1� Jca. e A. Mabusth Zoning Administratur Hi 11 IN`1.� /ttNi\1 4'1 'I' 7 • 11A1111\A IINA\t 1 4 ' 1 73S8 • 1't b1 It NtIkAS 4'1'tir %SS# tv, �.r 0 00� 0 ran uiX Mh �19(0l r� �• o 1 1 (',�rtit'icute of' Survey for Willem C. Sir., 1..1ir of Lots 3 and 4, Block 11, Sags Hit] Revised Hennepin County, Minnesota 92 7 10• r - 15910' Fans .n Lhe i 1290 ° )5.10 IT'1 I e .. is uli�c► 1,na 4 ^ r d, J10 w N O 44 i ♦ M I11 00 S� 7a .. L2.22' 44 7a I hezO-i certify thct this is a true end correct representation a survey of thu bounderies of Lott , and 4, Alock 11, Sage !?ill Revised, and the location of al'. existing buildini-s thereon. It does not pur- port to show ether ? r..preve-.znt a a encrr#-chnents . GOR.DOP' R. Scale: 1" = 40, a rdon R. Coffin Rtg. Bite : 3-1-e3 Ywirk. S. Gronberg Fesg. Ko.12755 c . Ircr marker lend purveyors and Plannere LonL Lake, Minnesota Cn8198M3 tt� CA Y OF ORONO Land Use Application LOCATION OF PROPOSAL (or property)7, Address Legal Description APPLICANT Name ., Tel # Mailing7. ' Address v.-r 7 Di tbNAL USE APPLIC'ATI011 $10.00 a) Res. Ace:. Use _ $100.00 b) Institutional (Church, Sch. etc.) ,Z$100.00 c) Duplex Cr/Rlg d) Land Alteration (grading, fil- ling) _ $150.00 e) Com/Ind. Use OWNER Name r � ��. �.rTel # /'ir►'% i _ PRD/PID - Sea fee schedule Nailing Address _ ��,�!_'- � � �•-. y>y V-11Variance $100.00 / 3li 9/ D; a d Present Zoning -I— A_1 /9 Present Use ✓Zoning Ordinance Section Relating to Request ✓ Specify Ordinance Requirements A) F w %-cz».. a/,- f�' o .J Explain your request and reasons for same -I Q s r2 /-' [' ri_.,4 C. o f 0L. doh i s C r a e kcl v! s !, ; f, 9 a d —e k; av ce ti t P% a k t cn l vI l k a r. t 6 p s P i►► �., f- . 1¢ l ✓ .�-JA ✓ f is Q r0i = t-i �..�, C�-� t 0- rw ' , ) h-r4II r/a-F/- '" L- eft.-A;AI bN AqCE required - ex`Fit of nonconformity t Area Setback Front_ W Other, explain _ Specify hardsh to property Q // '0 /-A o,- Sid -/Rear _ _ d NSc. f _ -7.5- r r� U SUBDIVISION a cation REsid ial Other, e n — No LoR 8 IM i. CONDITIONAL USE AND OTHER - explain proposed use of property in -de S'PF C. u P 33jL 3904V MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION Imast be submitted 10 days prior to Planning Commission meeting) . 1( • rl liy4� t'i _ 4\ tr f, \ty1`` s \ .,i--Llj � .'1 , '� t ryt1 i t1 ! `,�� ,� •,�� � � fit'- `f t3 � � ' � _ i �, _ r ty le I •It •1 i I 2 W 1 3 5 , Y t . Q,: � .� �A ovc 0 7 ��Ii: • .. :r ••s •S 4. a .r C7 rwy •11 � � +1 r 114 or XV R {1 M .CHERRY AVE Inv 1Y E rNt L City of ORONO ; 4 .,[Ylj. RESOLUTION OF THE CITY COUNCIL 29 NO. 1873 /" A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8, AND SECTION 10.22 SUBDIVISION 2, AND A CONDITIONAL USE PERMIT PER MUNICIPAL ZONI E SECTION 10.03, SUBDIVISION 19 - PILE 910 WHEREAS, James Hoff (hereinafter "the applicant") is owner of the property located at 2056 Shadywood Road within the City of ')rono (hereinafter "City") and legally described as follows: Lot 8 and the Southerly half of Lot 7, Gust S, Johnson's Addition, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the CiLy of Orono fora conditional us^ permit and variance to permit the regrading of the lakeshore yard within the 0-75' protected lakeshore area per Municipal Zoning Code Section 10.03 , Subdivision 19, requesting a variance to Section 10.55, Subdivision 8. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file 4910. 2. The property is located in the LR-IC Zoning District. 3. The Orono Planning Commission reviewed this application on May 20, 1985, and recommenced approval making the following findings: a) Applicant's lakeshore yard will conform better to the neighbor's yard and will appear more aesthetically pleasing. b) Proposal will reduce the degree of hazardous condition existing on the property because of the slope of the land and will improve the health, safety, and welfare of the applicant's yard and neighborhood. c) Applicant's lakeshore yard previously had been f illed, and the proposal is to return the grade to nearer its original. state, thereby reducing hardship on the current owner for maintenance of the yard. Page 1 of 4 2 61 City of ORONO RESOLUTION OF ?HE CITY COUNCIL NO. 1873 4. TY.e applicant has submitted substantial documentation indice.ting that filling has primarily occurred in the area to be excavated. 5. The applicant has submitted a 'landscape plan that indicates a 35' strip of yard i.trea will be disturbed, leaving an area 30' back from the lake totally undisturbed. The landscape plan incorporates a replacement of the existing stairway with no net. additional hardcover in the 0-75' setback zone. The landscape plan also incorporates the plant:inc of trees and shrubs in the Lakeshore yard where such vegetation does not current-y exist. 6. Vie City Council has considered this application including the findings and recommendations of the Planning Commission, reports t-y staff and comments of the applicant and tt.e of fect of the proposed use or, the health, safety, and welfare of the commu city. 7. The CiLy council finds• that granting a conditional use permit to allow to regrading cf the lakeshore yard will not be detrimental to the health, safety or general welfare of the public, would not adversely affect ligt.t, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and tha _ the proposed level of use of the property wi 11 he in keeping with the intent and objectives of the 'Zoning Code and C-omprehensive Plan of the City. 8. 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; would not merely serve at; a convenience to the applicant_, but is necessary to alleviate a demonstrable hardship or difficulty; and is necessary -co ;preserve a sabsstantial property right of the applicant. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above f indir.g:;, the Orono City Council hereby grants a variance to Municipal Zoning --ode Section 10.55, Subdivision 8, and a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the regradinq of the lakeshore yard at 2056 Shadywood rioad, subject to the following conditions: Page 2 of 4 198. ATT�$Tz City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1873 1. :'he regrading shall adhere to the approved landscape and grading plans. 2. Regrading shall be done under close supervision of staff and City Engineer to assure that proposed contours will blend with the neighbors' yards. 3. The applicant shall have this grading done professionally and not by the applicant. 4. A silt fence sedimentation barrier shall be installed prior to and maintained in place during the regrading process and until the sod has become finally rooted. 5. The grading work shall take place within a single 24 hour period and the entire lakeshore yard shall be sodded within the immediate following 24 hour i;eriod in order to minimize any erosion :.nto the lake. 6. Any new steps or stairway constructed to replace the existing steps shall not exceed the area of hardcover of the existing steps. 7. Authorit-es granted by this variance run with the property nct with the owner, but are permissive only and must be exercised by application for a grading permit within one year of the date of Council approval, or this variance will exp , on :hat date (October 28, 1986). 8. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the ;tLninc code, shall automatically terminate any authority yranted here:.n, and shall be punishable as a misdemeanor. 9. The undersigned applicant has raad, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recordinc of this resolution in tLe chain of title of the property.., Adopted bjs�the Orono City Counci 1 on this 28th day of October, thy M. Property n City Clerk Mary C.(Butler, May r I/ � /, - c e Spouse Page 3 of 4 -L) MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1.985. PAGE 2 STUBB'S BAY SCHOOL* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that. the City Council accept the updated information regarding Stubb's Bay School. Motion, Ayes 4, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Representative JoEllen Hurr was unable to be present at this meeting. PLANNING COMMISSION COMMENTS There were no comments from the Planning Commission. PUBLIC COMMENTS: Merlin Halverson Public Lane - Highwood Road City Administrator Bernhardson noted a letter from Merlin Halverson's attorney regarding issues of a fire lane on Highwood Road. Staff recommends holding a public hearing on this matter. It was moved by Mayor Butler, seconded by Councilmember Adams, that the public hearing be held regarding limitation of use on the City's public access between Lots 23 and 24, Highwood Lake Minnetonka for the November 25th Council meeting. Motion, Ayes 4, Nays 0. ZONING ADMINISTRATOR'S REPORT: �91 JAN= HOFF SHADYWOOD ROAD CONDITIONAL USE PERMIT RESOLUTION i1873 James and Alice Hoff were present for this matter. City Administrator Bernhardson explained applicant's request for a Conditional Use Permit and variance to permit the regrading (removal of fill) of the lakeshore yard within the 0-75' protected lakeshore area. He noted that the soil moorings report indicates that approximately 3' of fill was placed at the crest of the hill at some previous date. Assistant Zoning Administrator Gaffron submitted and explained the proposed plan. :James Hoff explained the need to grade in such a manner to safely care for the property and improve aesthetics. Councilmember Adams questioned whether it was possible to completely this type of work within the 24 hour periods as indicated in Condition #5 of the proposed resolution. Councilmember Adams stated that the contract.ars should be made aware of the seriousness of completely th.Ls work within a timely manner by possibly requiring a bond. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 3 i910 HOFF continued City Administrator Bernhardson stated that in this specific case, staff will monitor closely. It was moved by Mayor Butler, seconded by Councilmember Adams to adopt Resolution #1873 approving a Variance and Conditional Use Permit. Motion, Ayes 4, Nays 0. #912 GORDON HEDLUND 3990 NORTH SHORE DRIVE VARIANCE RESOLUTION 11874 FOR DENIAL Gordon Hedlund was not present for this matter. It was moved by Cc... _ilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1874 denying a lot area variance. Motion, Ayes 4, Nays 0. #928 RICHARD PULA 2015 MEBBER HILLS ROAD CONDITIONAL. USE PERMIT RESOLUTION i1875 Richard Pula was present for this matter. City Administrator Bernhardson explained a revised plan which encloses the staircase to the proposed apartment with the internal entrance from the sewing room. He noted that no doors are to be installed. Mr. Pula requested that he be allowed to have a door off the sewing room for heat efficiency and to stop traffic into the apartment. Mayor Butler and Councilmember Hammerel felt that applicant's need for a door was valid. Councilmember Frahm felt that a door should not be allowed because of past applications. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to adopt Resolution #1875 approving the Variance and Conditional Use permit subject to amending Condition A4 to read "Door shall be installed at entrance to sewing room or at second floor apartment entrance". Motion, Ayes 4, Nays 0. 1959 GEORGE E. JOHNS('N 365 NORTH OLD CRYSTAL BAY ROAD VARIANCE RESOLUTION i1876 George E.Johnson was present for this matter. City Administrator rnhardson explained the request to construct a 1620 square `oot pole barn. Mr. Johnson stated the purpose of the pole barn is for storage of collectible tractors and possibly a work shop. C' '(---- ZONING PILE Md. 310 CITY OF ORONO NOTICE OF COUNCIL ACTIOW P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 10/31/85 ------------------------------------------- ---------------------- TO: James Hoff Copies To: 2056 Shadywood Road Wayzata, MN 55391 TYPE OF APPLICATION: XXX Conditional Use Permit ---------------------------------------------------------- Date of Meeting: 10/28/85 Vote: 4 For 0 Against COUNCIL ACTION - MOTION: To approve your lakeshore grading per the resolution you have received. You should make arrangements to sign the 3 original copies of the resolution in the City offices (Monday thru Friday - 8:00 to 4:30). Your contractor must obtain the actual grading permit ($100.50) prior to starting work. ----------------------------------------------------------------- XX WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. XX CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. :f you desire copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. /1e, /•/o I.i5 CITY OF ORONO GFMBRAL LAND USE APPLICATION 4:::r611 ----------------------------------------------• ----------------------- PROPERTY LOCATION Site Address 2056 Sbadewod Road Property Identification Number (P.I.D. ) 17-117-23 31001L Please check one - Is the property abstract or torrens? (for Conditional Use Applications on-ryT— Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name J=ss L. soft Phone 4719,U16 Mailing Address 2D56 SbadswoW Rd., YaMts, H& 55"1 --------------------------------------------------------------------•------ OWNtR Name Js L. Hoff Phone 471.%16 Mailing Address 266 S1>sdswood Rd., Yysatal, !k. 55-M Date Property Acquired Narob 1965 (month/year) I (RRs) ado wt) also own the adjacent parcels of land. --------------------------------------------------------------------------- FFM - CONDITIONAL USE PERMITS 5100.00 a) Residential accesscry Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use Y $200.00 f) Land Alteration (grading, fillino) )C1 Ze 1 -1 oft ��t`7.�� J PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning $:00.00 Appeals APR 19 W Other - see fee schedule I..r.SLNT USE OF PROPERTY Pre! nt ''.oning District Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: u r 4 -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list f rom Hennepin County Department of Finance A-603 Government .'enter 348-3271 ) 3. Stamped, legal sized envelopes (t10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. ----------------------------------------- -------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. ------ -------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayall fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to thCo is/her kno dge. Applicant's signat 7 Date OWNERS SIGNATURE The owner her by a nowledges and agrees to this opplication and further authorizes re 1 ntT onto the property by City staff, consultants, agents, commission m mbers, and CouncJ .`or purposes of investigation and veritxcation of his r quest. �y Owner's ;iynature DaF !9 ---------------------------------------------- Applicant must ave all submitt^ls into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third M. i, , ! , t I t h . d H \ . s « M is •♦ w No, 51 RD v. le �f 20 •� E,3Wck I I, Tmlgft4 LA p vd Pwb C 'IT r by i 'T70�dt'�ECatlE6T' C I T sl. 7 _I r 24 ! 4 `71 HALcro f j NOL N / AC. A IV j _ jN iaqyjw I ,,, , ON ��1 •r r N or w.r ��' �l1 _ i �K �. ♦rb Mtk� �` �� To: Planning Commissior. FROM: Michael P. Gaffron, Assistant 'oning Administrator DATB: May 17, 1985 SUHJBC'1': #910 James Hoff, 2055 Shadywood Road - Con- anal Use Permit Zoning District - LR-I(' Application - Regrade Lakeshore Yard of Property, All Within 0-75' Setback Area B:isting Grade - Uniform Slope of about 38% from high plateau down to lake Proposed Grade - 24-30% slope List of B:Aibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey with existing and proposed contours The applicant is requesting a conditional use permit to allow him to degrade the lakeshore of his property so that it confrarn q to the properties on either side of him. Most of the work p:-r!: within the 0-75' setbick area. His existing slope is about . ding to the exi Ling ^rade topog.�phi.c _ bmittal. The ri _ would decrease the slo, o ab,,ut 25 on the average, but would eA...ainate the flat plateau whi urrently acts as runoff percolation are . City Engineer, ';l 7ook, has reviewed the proposal and wade these .me*ant s 1. The proposed rs as shown do not accomplish the stated purpose of conft. - gto jhboring property-nntours. Note that tno property tc the , s exten s i ve reta we l I?;. How wil' the grading confo ' hese? On the so..th side, where slopes are less severe. ld likely require less removal of rateria! . conform to th- !ighboring grades. 2. The pr "Plat, rune t is cho , a will eliminate tna existing 30-40' ors or less, which now functions as slow- ,.rea, and change the entire lakeshore yard t -om a runoff infilt, ation stan('point, this a..y % beneficial project. One-third of the ir).cn.irly hac. relativarly good infiltration sys, wii.' -»- reduced it infiltration capacity. C . ( c) #910 Hoff Page 2 May 17, 1985 From a mainten,.)c i-- standpoint, the applicant is correct in that the flatten gr.7.des will make maintenance easier. The "safer access" concern mu y be valid, but with a minimum slope of 25% after the proposed grading, won't - stairway still be the preferred meth,' of getting to the lake? Perhaps the apple-_-` can shed some light on his intent with this rroject. We would suggest that if you feel some or all of the work proposed should be allowed, that the apolicantsengineershould revise his proposed contours to indicate what will be changed at the n:-rth and south property lines to conform with the neighboring lots. When you review this site, it maybe helpful in your visualizing of tre proposal that the final grade at the point where the steep slope starts downward will be 6' below that point in the area midway bets-reen the side pr..),, lines. C -11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HP.LD MAY 20, 1985. PAGE 6 (: S�DYWOOD S HOFF CONDITIONAL USE PUBLIC HEARING 9:!v 9:26 PM ROAD E PERMIT James Hoff was present. Mark Gronberg, surveyor, was present. Chairman Callahan called for the public hearing concerning Hoff's conditional use permit application to regrade his lakeshore yard. Assistant Zoning Adminis- trator Gaffron noted the certificate of mailin- and the affidavit of publication. Neil & Jan Blesi of 2064 Shadywood Road were present from the audience for this public hearing. James Hoff explained his proposal to grade his lakeshore yard tc match his neighbors yard. Hoff explained that there is a safety factor when he tries to maintain his yard and is very dangerous. Hoff noted that he plans to extend the contours of his neighbors to his own yard. Kelley asked if the applicant plans on removing the retaining wall. Hof f conf irmed that he wi 11 remove the retaining wall. Hof f stated the the proposed improvements will improve the safety of the bank. Neil Blesi of 2064 Shadywood Road nct•-d that the proposal will greatly improve the looks of the applicant's lakeshore yard and will reduce the degree of existing hazard. Blesi noted that the previous owner had regraded the lakeshore yard and because of lack oZ family support built the hill back up again. Blesi noted thaL the applicant's yard had previously been the same contours that were proposed. Assistant Zoning Administrator Gaffron noted that according to the City Engineer that the proposed contours as shown will not accomplish the applicant's objective. Chairman Callahan felt that the Planning Cemmissinn needs more information t.-: determine if the proposal meets the applicant's objective. Callahan closed the public hearing at 9:26 p.m. Sime noted that the plan is not complete and is Jiff icult to see where the contours will be. Sime noted that when the lakeshore area is graded that the applicant sod the ground right away to prevent pion into the lake. Sime moved, Kelley seconded, to recommend ap-irival of the conditional use permit application of James Hoff to a'.low the grading of his lakeshore yard based on the following findings: 1. Applicant's lake are yard will conform better to the neighbors yards d will look more aesthetic. cl�Z MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 7 2. Proposal will reduce degree of hazardous condition existing on the property because of the slope of the land and will improve the health, safety, and welfare of the applicant's yard and neighborhood. 3. Applicant's lakeshore yard previously existed as the proposal now shows and previous owner built hill back up again thereby creating extra hardship on current owner for maintenance of yard. Approval subject to the following conditions: 1. Regrading to be done under close supervision with Staff aAd City Engineer to assure that proposed contours will blind with the neighbors yards. 2. City to require that the applicant have th_b grading done professionally and not by the applicant. Pr(,,)--r erosi. n controls to be approved and supervised by -.if f. . 4. If appiicant proposes steps or a stairway to the lakeshore, applicant may not exceed Existing steps or existing amr•nt of hardcover. Motion, Ayes (6), mays (0). #912 GORDON HEDLUND 3990 NORTH SHORE DRIVE VARIANCES PUBLIC HEAR-:' 9:44 - 10:05 Ph Gordon Hedlund was present. Chairman Callahan called for the public hearing for Gordon Hedlund's variance application to permit the construction of a new residence. Building 6 Zoning Administrator Gaffron, noted the affidavit of publication and the certificate of mailing. Robert & Sue Bilger of 4005 North Shore Drive were present from the audience for this public hearing. Assistant Zoning Administrator Gaff ron noted that the lot is partially located within the LR-lC and LR-lB zoning district. Caffron noted that Planning Commission should decide first what zoning district standards should apply to t'iis application Kelley asked about the surrotnding luts in the n -hborhood and felt that the zoning should match the surr . uing lots. Assistant Zoning Administrator Caffron stated that the surrounding lots are mostly half -acre. ZONING FILE 910 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/29/85 ----------------------------------------------------------------------- TO: James Hoff COPIES TO: 2056 Shadywood Road Wayzata, MN 55391 ---------------------------------------------------------------------- TYPE OF APPLICATION: XX Conditional Use Permit ---------------------------------------------------------------------- Date of Meeting: 5/20/85 Vote: 6 For 0 Against Planning Commission recommends the followinq: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Regrading to be done under close supervision with staff and City Engineer to assure that proposed contours will blend with the { neighbors yards. 2. City to require that the at�plicant have this grading done professionally and not be the applicant. 3. Proper erosion controls to it approved and supervised by staff. 4. If applicant proposes steps or a stairway to the lakeshore, appli- cant may not exceed existing steps or existing amount of hardcover. I ---------------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: j Council June 10, 1985 If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). Ii you desire certified copies of the official Panning Commission minutes, they are available from the City Recoruer after review an,1 approval by the F-lanning Commission. TO: City Council FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: June 4, 1985 SUBJECT: #910 James Hoff, 2056 Shadywood Road - Conditional Use Permit Zoning District - LR-'C Application - Regrade Lakeshore Yard of Property, All Within 0-75' Setback Area Existing Grade - Uniform Slope of about 38% from high plateau down to lake Proposed Grade - 24-30% slope List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey with existing and proposed contours Exhibit E - Planning Commission Minute,, 5-20-85 The applicant is requesting a conditional use permit to allow him to regrade the lakeshore of his property so that it conforms more to the properties on either side of him. Most of the work proposed is within the 0-75' setback area. His existing slope is about 38% according to the existing grade topographic submittal. The proposal would decrease the slope to about 25% on the average, but would eliminate the flat plateau which currently acts as runoff percolation area. City Engineer, Glenn Cook, has reviewed the propoF ma,_ comment: 1. The proposed contours as shown do not accompllsn the aced purpose of conformingto the neighboring property contours. Note that the property to the north has extensive retaining walls. flow will the grading conform to these? On the south side, wt.ere slopes are less severe, it would likely requite less removal of material to conform to the neighboring grades. 2. The proposed grade change., will eliminate the existing 30-40' "plateau" area of 6% slopes or less, which now functions as slow- runof f and inf iltration area, and change the entire lakeshore vard to slopes of 24-3G8. From a runoff infiltration standpoint, this is n,-,t necessarily a bereficial project. One-third of the lakeshore yard which formerly had relatively good infiltration characteristics will be reduced in infiltration capacity. #910 Hoff Page 2 June 4, 1985 From a maintenance stand::)oint, the applicant is correct it that the flatter grades will make maintenance easier. The "safer access:" concern may be valid, but with a minimum slope of 25% after the proposed grading, a stairway wilt_ likely still be the preferred method of getting to the lake. When you review this site, it may be helpful in your visualizing of the proposal that the final grade at the point where the steep slope starts downward will be 6' belo— that point in the area midway between the side property 1_nes. During the Planning Commission review it became clear that the originally proposed contours do not ref lect what the applicant wants to do because at the time they were proposed he had not discussed this pro=ect with his neighbors. He has sir.ce then approached the neighbors and he plans to submit a revised grading plan for the City Engineer's review, shorting a blending in with the neighboring properties, possibly soma removal of retaining walls by the neighbor to the north. These revised plans have not yet been Gubmitted for review. Please review the May 20, 1985, Planning Commission minutes. Planning Commission recommended approval of the conditional use permit application for r-sgradirg of the lakeshore yard, based on the following f'ndings: i. Applicant s lakeshore yard will conform better to the neighbors yards and will lock more aesthetica'ly pleasing. 2. Proposal ,rill reduce degree of hazardous condition existing can the property because of the slope of the land and will improve the he.lth, safety and welf..re of the applicant's yard and neighborhood. 3. Applicant's lakeshore yard previously existed as the proposal now shows and previous owner built hill backup again, thEreby creating extra hardship (in current owner for maint?nance of yard. Appro,,al would be subject to the following conditions: 1 . Regrading to be done under close supervision with staff and City-igineer to assure that proposed contours will bend wit the rcighbors yards. Z. City to r#?quire t>»t the applicant have this grading done professionally and not by the applicant. 3. Proper erosion c ,u•_rols to be approved and supervised by staff. #910 Hoff Page 3 June 4, 1935 4. If applicant proposes steps or a stairway to the lakeshore, applicant may not exceed existing steps or existing amount of hardcover. Based on the recommendation of the Planning Commission, you have three options if you look favorably on thij project: 1. Approve with the condition that the City Engineer review and approve the final grading plans (draft resolution attached). Conceptually approve and table subject to staff review of the revised plans; or 3. Table pending receipt of staff review of proposed plans. C -1-) MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD J:,NE 10, 1985 PAGE 6 Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution 11773, A Resolution approving a variance per revised plans showing no encroachment into the 0-75' setback zone, subject to the drawings to be attached tc the resolution. Motion, Ayes (4), Nays (0). Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1774, A Resolution approving a conditional use permit to allow a guest apartment use per revised plans showing. an open appearance in the entrance of the home, subject to the drawings to be attached to the resolution. Motion, Ayes (4), Nays (0). #910 DAMES HOFF 6 SHADYWOOD ROAD CONDITIONAL USE PERMIT RESOLUTION James Hoff was present. Neighbor Neil Blesi of 2064 Shadywood Road was also present. Assistant' Zoning Administrator Gaffron explained that the applicant requests permission to regrade his lakeshore yard to better conform with his neighbors and create easier maintenance of the yard. Gaffron noted that the original plans did not reflect the applicant's intent and the applicant has revised the plans to show the contours to better match his surrounding neighbors. Gaffron stated that the applicant intends to cut down one of the retaining walls that is in disrepair. Gaffron noted that the grading would extend within 10' of the lakeshore. James Hoff stated that he has tried to mow the yard and it is too difficult with the steep slope. Hcff noted that he has turned over mowers tying to maintain his yard. Acting Mayor Frahm asked what the '�.ardships were to justify granting of this conditional use permit. Assistant Zoning Administrator Gaffron did note that there is definitely a safet%- :a-*^- in t-ying tomaintain the yard. Gaffron reported that accc g t, the neighbor the grade was originally what is propo,% ow and that the previous owner filled in the area. Gaff -,-)r noted that the City Engineer's review of the original plan revealed that it would not help infiltration and may not be beneficial from an infiltration standpoint. Gaffron noted that during a rainfall or snowmelt period, the runoff is slowed at the upper plateau where some infiltration occurs, but whatever hits the steep slope has a high runoff rate. Gaffron explained that with this regrading proposal there would be a gradual slope which might slow the runoff to the lakeshore but might also reduce infiltration. Neil Blesi of 2064 Shadywood Roari noted that he is in favor of the application and that the lot would look better. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 7 #910 HOFF (CONT.) Acting Mayor Frahm stated that he would like to see documentation from the neighbor (a signed affidavit or something) to prove that the grade existed as proposed no... Frahm noted that all the lots along there are high and difficult to mow. Frahm stated that he needs a hardship to differentiate this property from others. Frahm noted that he could approve of the proposal if the existing original grade was what is proposed and if he could see documentation of such. James Hoff stated that the runoff will probably be improved since the steep slope will be decreased and made into a more gradual slope. Councilmember L. Adams explained that is a lot of grading and is very close to the lakeshore. Adams noted that the resolution is written so that all grading would have to be done within a 24 hour period which would help the situation. Councilmember Grabek asked if the City has allowed this type of proposal before. Building & Zoning Mabusth r regrading of lakeshore to problems and to decrease the lake. red that the City has allowed because of serious erosion velocity of runoff into the James Hoff noted that plans to landscape the v_ and which would also help slow the runoff. Councilmember Grabek noted that this proposal is really a philosophical question that the Council , decide. Grabek noted that if Council approves this, that a --one with steep lakeshore lots that have a difficult time maintaining it can come in and request the same. Crabek could not see granting the conditional use permit 3ust because the applicant has difficulty mowing the lawn. Grabek noted that the property was purchased with the slope on the property. Grabek asked if the revised plans End change in contours changed the City Engineer's opinion on the project. James Hoff stated thc the City should treat applications case by case. Hoff felt it was an unfair assessment to generalize with every high piece of land. Councilmember Grabek disag, eed with Hoff and noted that even though the Council considers propert_es one ty one, their decisions still set precedei.ts for futur^ applications. JamF;, Hoff stated that there have been numerous accidents with the lawn mower and he wants to correct the problem tefore someone gets injured. Hoff stated that he is willing to comply with any requirements the Council may impose. Hoff felt that his applicaticn is not an impossible request. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 8 Acting Mayor I...ohm felt that he could approve the applic- ticn if he has proof that the lot was filled by the previous uwner. Councilmember T. Adams moved, Councilmember L. Adams seconded, to table the application to provide applicant sufficient time to generate the following: 1. A letter or affidavit confirming that the subject property was filled by the previous owner. 2. Grading plans must include landscaping plan and time schedule tor plantings. Motion, Ayes (3), Nays (1). Councilmember Grabek voted nay. James Hoff also noted that it becomes a dangerous situation with the lakeshore when small children are in +-he lake and the la".eshore cannot be seen from his home. Hof f stated that a small child could drown in the lake and he would not be able to see it from his home because -,f that slope in the lot. 1912 GORDON HEDLUND 3990 NORTH SHORE DRIVE VARIANCES' Acting Mayor Frahm moved, Councilmember L. Adams seconded, to table the Gordon Hedlund application pending farther information as requested by the applicant. Motion, Ayes (4), Nays (0). 1914 RICHARD 1WUFFMANN 2696 ETHEL AVENUE VARIANCE RESOLUTION 11775 Richard Kauffmann was present. Building & Zoning Administrator Mabusth explained that the applicant seeks a variance to the average lakeshore setback line for construction of a new residence. Mabusth stated *he applicant has worked out with the neighbors the setback line that the neighbors h .ve agreed to the 17' extension in the average lakeshore setback. Mabusth stated that the applicant also requests that the existing home be ,llowed to stay on the property until the new home is completed. Richard Kauffmann stated that the home actually is lccated 101' from the lakeshore. Councilmember Grabek moved, Acting Mayor Frahm seconded, to approve Resolution #1775, A Resolution approving a variance to the average lakeshore setback line. Motion, Ayes (4;, Nays (0). c ZONING FILE NO. 910 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 6/19/85 ---------------------------------------------------------------- TO: James Hoff COPIES TO: 2056 Shadywoud Road Wayzata, MN 55931 ------------------------------------------------------------------ TYPE OF APPLICATION: XXX Conditional Use Permit ----------------------------------------------------------------- Date of Meeting: 6/10/85 Vote: 3 For 1 Against COUNCIL ACTION - NOTION: To table Council gave applicant general direction that proposal might appear in a mcre favorable light if a total land- scape plan is presented and i'_ it can be fully documented that the grade is being restored to ics original slope and contours. Council also strongly urged a reconsideration of the various alternative methods for treating this lakeshore area. Per your conservation with Jeanne Mabusth this morning, we will expect your call to set up a meeting sometime after July 4th. ---------------------------------------------------------------- Deadlin- Date 10 days prior to Council meeting kX For submittal of new information (application may be cen- sideied formally withdrawn if information or explanation is not providedi. If you desire copies of the official Council mi utes, they are available from the City Pecorder of City Clerk after review and approval by the City Council. COFFIN & GRON .ERG, INC. SURVEYING. ENGINEERING AND LAND PLANNING 482-A TAMARACK AVENUE LONG LAKE. MINN. 68788 473-4141 9-14-85 On September 7, 1985 five soil borings were taken on the Jamey Hoff prop- erty in Lots 7 & 8, Gust S. Johnson's Addition in Orono to determine if any previous filling was done to the bank near the lake. The soil boring locations are shown on the attached drawing. Boring # 1 indicat .d that no f. l i ing was done and so aid boring N 5. Cement Klock; .vere encounterd in boring # 2 at a depth of 3 feet indicating fill to at least that level. Reddish pieces of brick were encountered in boring # 3 at a depth of 3 feet indicating fill at that depth and boring # 4 had fill material to the 1.5 foot level. Ifhere are any questions concerning the borings, please contact me. Sincerely, COFFIN & GRONBERG iNC. Mark S. Gronberg, P E. CITY of ' 110 N() Yuat Office Box 660Crvxtal Hay, Minnesota fi53'l3•Municipal Off. ea On the North Shore o/ Lake Minnetonka October 1, 1985 Jaimes fluf f 2056 Shadywr,od Road Wayzata, MN 5'i391 RE: Conditional Use Permit Aarlication #910 Dear Mr. Hoff, We are it receipt of a revised survey and sketch from Mark Gronbern Legardint our proposed grading project. His r -rt indicates that - portions of the area you wish to regrade have indeed been tilled in the past. Per my notice of 6/19/85 (copy att.---.ea ) this i nformation may be helpful in your pursuit of Council approve A. fL the Conditional Use Permit, but you may wish to submit -lore information in suppo, t of your F.►'oject. Please advise as to whether } o additional information to submit, and whether I should s-hed .,is for Council review in the near future. Sincerely, Michael P Gaff- n Ae3istar,, coning Administrator mac: J,-anne A. Mabust.h, -oning Adminisltrz:to- KIf DOW. & /ONIV(; 47 4 7 is q)mi%tsyRAn(^ 1 i' Nut 41, i 1S4 • WIC w0ta'S - 473-7391 ASiikBSiNI: To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: October 24, 198'., Subject: #910 James Hoff, 2056 Shadywood Road - Conditional Use Permit List of Exhibits Exhibit A - Staff Memo of 6/4/85 Exhibit B - Revised Survey and Soil Boring Results Exhibit C - Lands pe and Grading Plan Exhibit D - Pi ing Cummission Ming-L5 5/20/85 Exhibit E - C -il Minutes 6/10/85 This item was tabled at yc,ur June 10, 1985 meeting in order to allow the applicant an opportunity to provide additional supportive data regarding his request to regrade portions of his lakeshcre yard. The applicant has submitted a report of soil borings performed by Mark Gronberg which indicates that near the center of the lot at the crust of the slope, up to 3' of fill was placed at some previous date. A landscape plan by Lan -De -Con Inc. has been submitted which indicates that the only area to be regraded will be the sharp crest of the hill, or a strip approximately 35' wide across the lot, and showing no grading closer. than 35' to the shoreline. The estimated maximum cut area is 3' deep at the crest. Note also that the landscape plan indicates the placement of new trees and shrubbery where none exists now. The proposed stairway with wood chip platforms will replace the existing 27" wide stairway. Using a porous weed mat below the chips, theme is no resultant in- crease in the minimal (1.5%) existing 0-75' hardcover. This revised plan appears to be less extensive than the original plan and disrupts a much smaller area of yard than was originally proposed. Silt mats to prevent sediment from entering the lake can be placed about halfway up the slope �0' hack from the lake. Staff would anticipate no erosion problems with this new plan 3s long as proper practices are adhered to. As the Councilmembers stated in June, an engineering case could be made on both sides of the issue of whether this project is a benefit from a run-off standpoint. City Engineer, Glenn took, has stated that the project will not be detrimental to the run-off situwtion. Finally, noting that lowering the steep slope will tend to make maintenance of the grassed siope less hazardous, staff submits a draft resolution of approval for your review, incorporating findinqs and conditions pertinent to the project.. v. g 3 1 0 Scale: I inch ;c) f lute Wil 10, 105 � ire c Iran M-ker Mon MNsea level (MfiYD- 1929) \ `\ R.r.eed ca- h , Cert-i fizate of Si,rvey for Jam L. Hoff �. in Lots 7 6 !, GWT S. JOHNSON-S ADDITION Hennepin County, Wnnesota s � ` CY, we \\ yr ,tE rvi.✓i✓... �'• oar Vft it' / Rio / J •A� Z132°p I herehy certify that this is a true and correct represc.-:.ation p1•� of a survey of the boundaries of the Southerly half of Lot 71 and all of L.ot d,"GUST S. JOHNSON`S ADDITION" and of the location of all buildings. :- . thereon. It does not purport to show any other improvements or en. -)achments. `For purposes of �n-i survey, the North line of the South half of Lot7 has been assumed.to be a straight line drawn from the midpoint of the Southwesterly line of said Lot 7 through the midpoint of the dashed traverse line near the Northeasterly line of said Lot 7 (as said dashed line is shown on the record plat), said North line of the South half being extended to the shoreline of Lake Alinnetonka. COFFIN & GGRONBERG, -NC. � ark S. Uron rgrg r,e�i75 Gordon R. Coffin heg. Mg. 6064 Engineers and Larxi Surveyors Long Lake, Vinrxv:ota Phone 473-4141 E —LS Oerli rielt> or Survey for Ja:r.Y i.. Hoff in Lots ' & F, GUST S. .IUHNSON'S ADDITION Hrnneoin GitAnt.y, Minnesota s� .fcrwivi/4 ` ' 9L i -.9✓B/ n rt c•. 1 i nch _ 30 fe c April 10, 1989 Iron: marker m: Mean sea level (NOVD-1924 ) Laosting 6lnfervr / G, - c roog15 L` off'' Z13.P i-�L I hereby certify that thi^ is a true and correct representation of a survey of the boundaries of the Southerly half of Lot 7# and all of Lot 8,11GUS7 S. JOHNSON'S ADDITION; and of the location of all buildings, if any, thereon. It does not purport to show any other improveients or encroachments. "For purposes cf this survey, the North line of the South half of Lot7 has been assured to he a straight line drawn from the midpoint of the Southwesterly line of said Lot 7 through the midpoint of the dashed traverse line near the Northeasterly line of said Lot 7 (as said dashed line is sh=i on the record plat), said North lino of the South half being extended to the shoreline of Lake Minnetonka. C^FFIV & GRONBERG, INC. ter t"i. Gron tg ticg�.u�Z75rj -- Gordon R. Coffin Rea. No. 6064 Engincers and Land Surveyors long Lake, MSuiesuta Phone 473-4141 #rA1 1 0 7_ 0 Sole: 1 Imh : 30 fe Date April 10, 1985 o Iron marker Datum. Pbw sea level (NGVD-1929) �1 �I ci L� E/�rilviT ' Certificate of Survey \ ` f \ c- for James L. Hoff - in Lots 7 & 8, GUST S. JOHNSON'S ADDITION Hennepin County, Minnesota +►''� \ �' AR I z 9y 7.62 3 \ \ o� 6pr.f�oa �o. Wr � pb3 I hereby certify that this is a true and correct representation e� b 12 of a survey of the boundaries of the Southerly half of Lot 7• and all of Lot 8,11GUST S. JUINSON'S ADDITION, and of the location of all buildings, if any, thereon. It does not purport to show any other improvements or encroachments. "Eor purposes of this survey, the North line of the South half of Lot? \ has been assured to be a straight line drawn from the midpoint of the Southwesterly line of said Lot 7 through the midpoint of the dashed traverse line near the Northeasterly line of said Lot 7 (as said dashed line is shown on the record plat), said North line of the South half being extended to the shoreline of Lake Minnetonka. COOF�FIN & GRRONBEERjG, f I�lNC. ,G/1�/. f APR 19 1985 � .�f i mark 5, Urcnberg egr'No.77755 1 Gordon R. Coffin Reg. No. 6064 (Y Qt Cip;,O Engineers and Land Surveyors -- Long Lake, Minnesota Phone 473_4141 h -P-K M.i 10 !' k• !l *Y+ex s-z— n� w.zvw�r t}r.e ♦t. ! `X Y1 •• Z!II.�pia`; A.4.yWyg 1------- --- — Il � I f �-J-.+4406i MAC s 4r ., To: Mayor Grabek & Orono Council Members City Administrator Bcrnhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: December 9, 1987 Subject: #1223 John B. Waldron, 1951 Concordia Street - Conditional Use Permit & Variance ..,�Vlication - Request to grade in lakeshore yard to create walkout. Zoning District - LR-lC List of Exhibits Exhibit A - Planning Commission Minutes of 11/16/87 Exhibit B - Planning Commission Action Notice Dated 11/25/87 Exhibit C - James Piegat Letter Dated 11/16/87 Exhibit D - Small Business Administration Loan Worksheet Submitted 11/16/87 Ex'iinit E - Applicant's Proposed Hardcover Removal Worksheet Submitted 11/16/87 '9xhibit F - Memo & Exhibits of 11/11/87 Discussion - Please carefully review the memo and exhibits of November 11, 1987 and the letter from James Piegat of the Hennepin Conservation District dated November 16, 1987. Applicant proposes to reg.rade his lakeshore yard and create a walkout basement where no walkout now exists. Applicant believes, with the support of the Hennepin Conservation District, that his proposal is a sound and reasonable method to approach the necessary repairs to his s`oreiine which was damaged during the summer storms of 1987. City Engineer Glenn Cook has visited the site. and reviewed the proposed project with the applicant and staff. Glenn feels that from an engineering standpoint the project as proposed will create infiltration and runoff characteristics that arguably are no better and no worse than the pre-existing condition. Cook feels that there are other feasible methods to repair the storm damage that do not result in the creation of a walkout. The walkout cut and bank restoration method proposed is merely one of a number of possible restoration methods with relatively equivalent stabilization results. Aesthetically, the walkout cut is arguably no worse than a system of retaining walls along the entire bank slope. Piegat's letter suggests that retaining walls do not solve slope problems that rare caused by ground water conditions similar to those encountered here, an6 that retaining walls are a solution to landscaping problems, not drainage problems. Glenn Cook has discussed with the applicant a number of alternative methods for bark stabilization that would not require the use of major retaining walls. These include the use of stabilization fabric, cribbing, or a partial retaining wall system in conjunction with lowering the percentage of slope. None of these methods require that the walkout cut be created. Piegat suggests that the damage done to the lake by this summer's arosion of this slope is of a much greate- concern than the effects of 20 or more years of normal run-off conditions. There is no question that the slope must be stabilized and restored as soon as possible. Zoning File #1223 December 9, 1987 Page 2 of 2 The problem appears to boil down to one of philosophy. The wa ikout cut is not consistent with the types of grading the City has allowed in the 0-75' zone since adoption of the Flood Plain and Wetland Management Ordinance in January 1979. The proposed walkout cut would change the natural shape and character of the shoreline. Applicant suggests that because grading must occur in order to repair the storm damage, he might as well grade to create the walkout at the same time, thus reducing the number of potential shoreline disruption events. the erosion concern is valid, but the hardship is only valid if one agrees that the walkout cut is appropriate in and of itself. Staff feels approval of the proposed project based on that hardship would be precedent setting, and would open the door for many similar requests, that if approved would be clearly a reversal of past City policy. The Planning Commission, at their November 16th, 1987 meeting, recommended denial for the reasons that: 1. Other methods for bank stabilization exist. 2. The walkout cut is not related to the bank erosion stabilization needs (i.e. the bank can be stabilized and re -vegetated without creating a walkout cut). 3. The walkout cut would not be in character or in conformity with the majority of the neighborinq residences on Concordia Street. 4. Allowing the walkout cut would set a precedent in conflict with :urrent City philosophy and past denial of similar projects. The Planning Commission recommendation included approval of a ground level deck as proposed subject to concurrent removal of the existing platform structure near the lake. Note that the Planning Commission vote was 4 in favor of denial, 0 against and 1 abstention. The abstention by Planning Commissioner Hanson was based on his wish to further review in depth the exhibits submitted at that meeting. Staff Recap ndatf on - Staff agrees in general w,_th the Planning Commission recommendation. From an engineer' ng standpoint, the proposed project is not necessarily inappropriate anC, would likely result in very similar run-off infiltration characteristics as any of the alternative methods for restoration of the bank. Aesthetically, the proposed project is arguably more attractive than a series of solid retaining walls covering the slope, but will create a visual effect ether than exists now, and such effect is arguably not consistent with the character of the• fisting shoreline and neighboring properties. Finally,because this is only a conditional use permit but also a variance to allow grading wit I lakeshore area, consideration must be given to whether the hardsi tate,i to allow the walkout creation are sufficient to distingL: this particular project from possible similar requests under sim:l.. conditions. Approval of this project would appear in staf f's eyes to set a precedent in conf lie t with current City policy and practice. Staff will draft a resolution based on Couneil's action ror your neat meeting. 5 � f�e - - MINUTES OF THE PLANNING CkMMISSION ME.:TING HELD NOVEMBER 16, 1987 12231 JOHN B. WALDRON t 51 CONCORDIA STREET :.ONDITIONAL USE PERMIT VUBLIC HEARING 9:25-10:06 The Affidavit of Publication and Certificate of Mailing were noted. Gaffr.on Explained the request for a conditional use permit to repair the lakeshore bank that was damaged during the "super storm". Applicant wishes to repair the damage by lowering the grade to create a walkout from the existing house, construct a retaining wall at that cut up to the house, and regrade the slope and seed it along the lakeshore. Proposal also includes a deck extending from the west side of the house where no deck previously existed. Applicant proposes to reduce some house hardcover by installation of gutters and a sealed pipe straight to the lake. This direct transportation of roof runoff water to the lake through a pipe is directly contrary to the City's philosophy that all roof and other hard surface runoff should travel over and through the ground surface for filtration purposes prior to reaching the lake. John Waldron was present for this matter and explained that the storm was the impetus of this proposal. He explained the conditions of the SBA loan to be used for repairing the lakeshore and house improvements. He stated the damage to the steep lakeshore bank ib a serious physical hardship that must be remedied and believes that his proposal to reduce the slope is the best solution. He submitted a letter from Hennepin Conservation District which he fees addresses the slope problem and supports his proposal as the best solution. In general, he felt that the proposal can only have a positive effect on t)-e health, safety and welfare of the community, by protec .ing the lake from future pollution as a result of erc---:on and other runoff; and by adding a walkout and deck to the property, the proposal will only have a positive effect on the values of the property in the surrounding area. Regarding the transportation of roof runoff through pipe, he contended that runoff from the roof is clean, therefore, would not be detrimental to lake quality. He noted that he would use perforated pipe if necessary. Hanson noted the three other alternatives to arplicant's proposal and suggested tabling this applicatior, in order to review the: alternatives. 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 11223 WALDRON CONTINUED John Waldron noted the drawbacks of retaining wall and stabilization fabric alternatives: Retaining walls involve extensile cost. are less aesthetically pleasing than a naturally vegetated slope, and do not guarantee the stabilization of steep slopes from a "super storm" event. Stabilization fabric would also require some grading to soften the steep slope. Fie addressed the many issues outlined in his letter dated October 22, 1987 included in staff's packet. Bellows noted that the City has an ordinance and guidelines regarding grading within the 0-75' lakeshore yard. She noted the three alternatives within the conformance of City guidelines to solve the erosion damage. She did not feel there was any connection with repairing the storm damage and the neccessity for a walkout. Johnson voiced concern with controlling the erosion until the storm damage is repaired. John Waldron stated that he has placed hay bales at the top of the slope but the bales have since been pushed down the slope which he intends to replace. Staff suggested installation of a silt fence at the bottom of the slope at the lakeshore. Cathy Lee, 1965 Fagerness Point Road, stated they had a similar problem with a different property they owned, and the only method that was found effective was cutting back the slope. As a neighbor, they found the proposal less objectional than "cribbing". Taylor noted that none of the alternatives offered by the City Engineer or Hennepin Conservation District included a walkout. Brown noted that the City has not allowed alot of grading in the lakeshore yard anO found very little difference in the City Engineer's recommendation vs. the recommendation of Hennepin Conservation District. He would therefore agree with staff recommendation of denial. Hanson felt he would need to study the information further before making a recommendation, and recommended tabling the application. There were no other comments from the public and the public hearing was closed. 12 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 11223 WALDRON CONTINUED It was moved by Fellows, seconded by Brown, to recommend denial of the proposed grading cuts to create a walkout and recommend that applicant submit a revised proposal for grading in order to repair and maintain his lakeshore bank; and recommend approval of the lakeshore deck proposal near the house as proposed conditioned upon concurrent removal of the 9'x 14' deck at the edge of the slope, resulting in a net increase of 37 s.f. of 0-75' hardcover - per staff recommendation. Motion, Ayes 4, Nays 0, Abstention 1. Hanson 4bstained. #1224 MINNETONKA BOAT WORKS 1449 SHORELINE DRIVE AFTER -THE -FACT CONDITIONAL USE ?ERMIT/VARIANCE PUBLIC HEARING 10:08-10:12 The Affidavit of Publication and Certificate of Mailing were noted. Byron Heimark was present for this matt Mabusth explained the after -the -fact conditional use permit/variance request for upgrading and expansion of the boat lift at Minnetonka Boat Works. The Orono facility will service 3 of the larger boats currently stored at the Wayzata facility. Council conceptually approved the request at their November 9th meeting. Bellows asked why the Orono facility must store the larger boats at this point? Byron Heimark explained that the Orono facility needed to replace their boat lift with a safer style which are wider than the old style; and with the remodeling of the Wayzata ficility, they -,an no longer store the larger boats and meet the parking requirements. There weie no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Johnson, to recommend approval per staff recommendation. Motion, Ayes 5, Nays 0. 13 ZONING FILE NO. 1223 CITY OF ORONO NOTICE OF PLANNING CONNISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7?57 Date of Notice• 11-25-87 --------------------------------------------------------------------------- TO: John B. Waldron COPIES TO: 1951 Concordia St. Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: X Variance X Conditional Use Permit DATE OF MEETING: 11-16-87 VOTE: 4 For 0 Against 1 Abstain Planning Coms ission recos nds the following: Denial for reasons noted below NOTES AND SPECIAL. CONDITIONS: 1) Other methods for bank stabilization exist. 2) The walkout cut is not related to the bank erosion stabilization needs. 3) The walkout cut would not be in charac�er or in conformity with the majority of neighboring residences. 4) A1!owinq :he walkout cut would set a precedent ir, iflict with current City philosophy and past denials of similar pro_ S. The Planning Commission recommendation included APPROVAL of a ground - level deck as proposed, subject to concurrent removal r.f the existing platform structure nearer the lake. Mike Gaffron and City Engineer Glenn Cook are scheduled to meet you on the property on 11-30-87 at 10:0Ga.m. Applicant's next scheduled meeting is confirmed as: City Council December 14, 1987; meeting starts at 7:00p.m. If you desire certified cope,-- of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Hennepin Conservation District TO: City of Orono FROM-, James Piegat, Ph.D. DATE: 16 November, 1987 Memorandum SUBJECT: Proposed repairs to the John Waldron property Mr. John Waldron has asked the Hennepin Conservation District to comment on his proposal to repair damage done to his property during the heavy rains of July of this year. The District has three concerns to Xis matter: 1) aesthetic considerations, 2) effects on water quality, and 3) prevention of recurrence. 1. Aes•hetic Considerations W.- believe that slopes vegetated with native species of plants would present the most aesthetically pleasing landscape to neighbors and users of the lake. The use of retaining walls should be minimized for aesthetic reasons. Mr. Wa!dron's proposal would regrade the ex;stin& slope and vegetate it. This is the best remedy to alleviate the existing problem provided tivtt the concerns mentioned below are sc:tisfied. 2. Effects on Water Quality We are not convinced that enough is known about the effects of urban and suburban land uses on water quality, although considerable money has been spent toward that end. In terms of surface runoff, a balance must be struck between the filtering effect of grass during low intensity rainfalls and the erosion of physical and chemical materials during higher intensity events. 1'lte key threshold is whether the surface produces runoff that reaches the lake. A surprisingly small percentage of land actually contributes to surface runoff. Also, a balance must be struck between the transport of solids and dissolved substances by surface water to the lake and the transport of dissolved substances by ground water. We believe that Mr. Waldron has already taken a positive stepp in dealing with runoff from his rooftop. By piping that water directly to the lake, he has avoided all of the materials that runoff could entrain if it were diverted to the st-eets or even his lawn. Mr. Waldron must maintain the cleanliness of this systr n to prevent expensive clogging of the underground pipes and will thereby remove most of the material that would otherwise be carried to the lake. 20`j Fudge Plaza t3tdq 12450 Wayzata &xjlevard MmnWonka. Wnesc4a 55343 Telephone +612! 544 8572 Mr. Waldron's proposal includes the construction cif terraces around a cut for a walk -out basement to minimize the sloping land on the property. It is important that this area not be paved and increase the hard cover. However, The improvements in the quality of surface runoff may be offset by degradation of the wat. r that infiltrates and reaches the lake as ground water. Perhaps the best solution, given the state of knowledge, is to choose the most aesthetically pleasing design that avoids an increase in impervious surfaces. Mr. Waldron's proposal also includes a deck that would be installed at the level of the first floor. This would improve the surface runoff situation by intercepting and retaining rainfall much as trees do. I lowever, it is important that the area under the deck not be paved or made impervious. 3. Prevention of Recurrence The erosion damage done to Mr. Waldron's property in July probably did more damage to Lake Minnetonka than twenty or more years of normal conditions. We believe that the best thing that can be done to maintain water quality is to avoid a recurrence. This can be done linstalling subsurface drains, controlling surface runoff, and avoiding retaining wawhere possible. This problem occurred because rains had saturated the ground prior to a very large rain. During the latter event, excessive ground water pressure caused the slope to fail just above the level of the lake. With this support removed, the rest of the slope quickly failed. The most important step to prevent recurrence i , to regrade the slope to a grade no steeper than 50%, revegetate, and install subsurface drains at the bottom of the slope. The drains will prevent excessive ground water pressure. Next, surface water runoff must be controlled to minimize the velocity of flow at any point. One way to do this is to install gutters on rooftops and pipe the water to an area where it no longer has the energy to erode or the opportunity to entrain other materials. Other landscaping can be done to avoid the channeling of flow. Finally, we cannot over -emphasize that retainin& walls do not solve slope problems that are caused by ground water conditions similar to those encountered here. Retaining walls are a solution to landscaping problems, not (iiainage problems. Subsurface drains must be placed behind all retaining walls and the walls must be properly designed. 4. Summary In conclusion, we believe that Mr. Waldron's proposal ,kill remedy his erosion problem and will prevent a recurrence. The keys to this are regrading to slope. less than 50%, installing subsurface drains, avoiding retaining walls, and controlling surface runoff. We do not believe that the proposal wii', create any new water quality problems. F.OUIREMENTS RELATIVE TO CQUATERAL A. Borrower will submit to SBA evidence of title to collateral and of SBA's lien position and of payment of appropriate fees prior to the disbursement of Loan funds in ex,-css of S5,000.00. Such evidence will be in a form satisfactory to SBA Counsel and will be at Borrower's expense. B. Borrower will not sell or transfer any collateral described in paragraph 2 hereof without the prior written consent of "RA. 4. USE OF LO NN PROCEEDS Borrower will use the proceeds of this Loan solely to rehabilitate or replace property of Borrower located at 1951 Concordia Street. Orono. Minnesota 55391_ 13maged or destroyed by disaster occurring in the month of July. 1987. Borrower will apply all Loan proceeds to the following specific items or areas: A. Approximately S700.00 to repair/rcplace disaster damagcd personal property in similar kind and quantity. B. Approximately S2.800.00 to rcpair/repaint disaster dame^d walls, ceilings, doors, etc. C. Approximately S1.500,00 to replace carpeting, pads, etc. D. Apt, . cimately 51,C'00.00 to rcpair/replace disaster damaged landscaping. E. Approximately - 5.I.500.00 to fill and regrade disaster eroded areas. F. Approximately WIN for disaster clean-up and debris remova' exaenses incurred at 1951 Concordia Street, Orone, Minnesota 55391. G. Approximately S3.800.00 to repair/replace other disaster damaged land improvements, including rctainintt wall with fill. N. Approximately 4 n to rcpair/rcplace ether disaster damagcd land improvements, including wood Dicr. 1. Approximately S700.00 to repair/replace other disaster damaged land improvements, including Stairs. 5. REQUIREMENTS FOR USE OF LOAN EROCEEDS AND kLC_LIj A. Borrower will obtain and itemize receipts (paid receipts, paid invoices or cancci'cd checks) and contracts for all Loan f,.n s spent and retain these receipts for 3 yews from the date of the final disbursement. Prior to each subsequent disbursement (if any, and whenever requested by SBA, Borrower will submit to SBA such itemization together with copies of the receipts. B. Borrower will make the damaged, repaired or replacement property(ies) available to SBA for inspection and verification of the use of Loan proceeds when so requested. SDA Form 1191 (7-84) Q¢li Pagc 2 Rcf 50 30 Ccu+e'k J47 s f 14. �/ockf exjy�) Ack cokccfe J,4/f 4xde- 11 Jc1 /i/A tn. — - ! 9', 71' = 3.S,3c k�fi /a. TO: Mayor Grabek Orono Council Members Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Assistant Planning 6 Zoning Administrator DATE: November 11, 1987 S08J: 11223 John B. Waldron, 1951 Concordia Street - Conditional Use Permit and Variance - Public Hearing Zoning District - LR-lC Application - Request to grade in lakeshore yard to create walkout. List of 8xhibite A - Application B - Plat Map C - Property Owners List D - Survey showing location of proposed deck and retaining walls E - Letter of request F - Plans G - Hardcover Calculations H - Hennepin Conservation District Memorandum regarding lakeshore repairs I - Before and After photographs of lakeshore bank erosion J - Diagram showing location of neighboring houses K - Minutes from Application i1037 - Conditional Use Permit for some work on this application denied in 1986 L - Letter from City Engineer dated 11-10-67 Pertinent Pacts - 1. The lakeshore bank of this property was damaged as a result of the 1987 storm. Applicant wishes to repair that damage by lowering the grade to create a walkout from the existing house, construct a retaining wall at that cut up to the house, and regrade the slope and seed it along the lakeshore. Proposal also includes a deck extending from the west side of the house %`%2re no deck previously has existed. 2. Setbacks: Existing house to the lakeshore = 56' Proposed deck to the lakeshore = 46' Averaqe lakeshore setback encroachment for the house is approximately 12' Average deck setback encroachment for the proposed deck is approximately 6' zoning File #1223 November 11, 1987 Page 2 3. Hardcover 0-75' Zone: Existing - 1107 s.f. per applicants calculations (or 19.7%) Proposed - Applicant proposes to remove the house portion of the hardcover by installation of gutters and a sealed pipe straight to the lake. He also proposes reducing the area of steps to the lake as a result of the grading of a portion of the bank. 'Additional hardcover proposed is a 165 s.f. deck, and an additional 19 s.f. of steps through retaining walls. Applicant suggests that this results in a net removal of 700 s.f. of hardcover in the 0-75' zone resulting in a final hardcover of 7.2%. Staff would note that the direct transportation of roof runoff water to the lake through a pipe is directly contrary to the City's philosophy that all roof and other hard surface runoff should travel over and through the ground surface for filtration purposes prior to reacting the lake. Under current City philosophy, applicant's proposal merely lnc:reases the 0-75' hardcover from 19.7% to 22.1 % calculated as follows: 834 s.f. of roof area 127 s.f. deck near the lake 43 s.f. concrete half circle 54 s.f. steps to the lake 164 s.f. deck prc p& s-vd 19 s.f. of stews through retaining Nall 1241 s.f. + 5625 s.f in 0-75' zone = 22.1% hardcover Discussion - Applicants situation is similar to many others around the lake where steep lakeshore banks have suffered severed bank erosion over the summer due to the "super storm". The City Engineer has viewed this site and feels it is no different than any other situation along the lake where steep banks have erodes'. Ile states that there are numerous methods of repair to this lakeshore bank that would not require grading out of a walkout area for the house. I would ask ycu to read applicants letter of request. I would also ask you to read the memorandum from the Conservation District, and then ask you to read the City Engineer's letter which recommends denial of the request to create the walkout. Staff would note that the majority of existing properties in the neighborhood have not created a walkout by cutting down the lakeshore bank in the manner proposes? An exception to this is the Backstrom residence at 1973 Fagerness Point Road which was excavated out some years ago, apparently prior to the 1975 adoption of current lakeshore ordinances. In addressing certain of the applicants concerns and hardships, staff would note the following: I. Staf f agrees that a system of vertical retaining wa 1 1 s along the entire slope would be aestheticaliy less pleasing from the lakeshore view than a grassy vegetated slope without vertical retaining walls. Zoning File #1223 November 11, 1987 Page 3 2. The applicant notes that the Busse application was denied primarily because there was no hardship demonstrated. Staff does not agree that the circumstance the lakeshore bank erosion is related to the need for ex-dvation to cre to a walkout. As previously stated, there are methods to suitably repair the storm damage without creating the walkout cut. 3. Staff does not agree that the direct transportation of roof runoff to the lake via a non --perforated pipe is in keeping with the current City philosophy that all runoff from hard surface areas should be filtered through the ground h-afore reaching the lake. While the method proposed may serve to decrease saturatic.n of the ground near the applicants house and perhaps reduce potential foz future major erosion events, it does does serve to transport any debris, dirt, dust, and other roof runoff impurities directly to the lake with no c.vi3 ice for filtration. I appears there is a conflict in goals between what applicant is proposing and the current City philosophy. 4. The issue of the deck ext, r-I beyond the averagL lakeshore setback is an issue ited to the grading proposed. This is proposed to F ound level deck and wcu ld not cause an obstruction t jhbor ing properties' views of the lake. The main issu: _n with the deck should be the ex-:ent of additional hardcover created by the deck. 5. 1.pplicant also notes that with the use of retaining walls the area Df f lat surface wi 11 be maintained. There wi 11 not be as much sloped surface on the property. However, in staff's opinion, that adlitional flat area does not justify the walko•at excavation proposed. To summarize, staff feels that significant physical hardship tt. the property, namely, the natural erosion that occured, is not related to the request for a deck or for a walkout excavation. Staff feels there will not be a significant reduction of hardcover but there will be an increase in hardcover. Staff feels that there are other methods to prevent further erosior into the lake instead of the applicants proposal and sta`.i suggests that the walkout -.ut will not be consist.,nt with neighboring properties,. -lie majority of which are cons*_cucted with a basement totally below ground level on the lakes:yore side and which do not have walkout cuts centered on the property. Staff Recommendation - Staf: recommends denial of the proposed grading cuts to create a walkout and recommends that applicant submit a revised proposal for grading in order to repair and maintain his lakeshore bank. Staff would recommend approval of the lakeshore deck proposal near the house as shown conditioned upon concurrent removal of the 9'x 14' deck at the edge of the slope, resulting in a net increaseof 37 s.f. 0-75' hardcover, or from 19.7% to 10.3%. CITY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1951 Concordia Street Property Identification Number (P.I.D.) 18-117-2314 0011 Please check one - Is the property X abstract or torrens? (for Conditional Use Applications only7— Please attach legal description to application ,, if not;3,�n.e, i con L. required survey. 9 Y --------------------------------------------------------------------------- `� �'"` , 0 01 6EN .OG�.O APPLICANT Phone (home) ' } . �.• 47 f�iR. ] 7f. - . •rr" s?cam. ;, r Name John D. Waldron Phone (work) 314�f1$' tit �i "'l i?;;1 -9�;-. ;r• Address 1951 Concordia Strut --------------------------------------------------------------------------- City Zip 55391 __Orono OWNER (if different than applicant) Phone (home) 471-0607 Name John B . and Lynn It- Waltiron Phone 3 ; 0 - 04 41 Address 1951 Concordia Street City orc_: Zip_-aaiq,_ Date Property Acquired 4/87 (month/year) I Adn:4 (do not) also own the adjacent parcels of la:,d. --------------------------------------------------------------------------- PEES - CONDITIONAL USE PERMITS $100.00 a) Resijential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Ue $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation with Subdivision $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property X _ Residential Other (specify) ---•---------------•----------------- DESCRIPTION OF REQUEST Describe request in detail: Change grade on lakeside of house and add retaining walls to repair storm erosion -_damage; also add walk out t-o basement and deck attaclx�d to house ------------------------------------ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date --------------------------------------------------------------------------- APPLICAMT'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 supply/-4 is and correct to the best of his/her knowledge. 7 Applicant's signature " -1-IN Date C 1=' 7 ohn B. Waldron OWUMS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonabl,* entry onto the property by City staff, consultants, agents, commiss16 members, and Council members for purposes of investigation and (�r rift on of this request. Owner's signature . "/J' �,1. ' -- !' Z t 9 �C�' .:Da t o / 1 7 ----------------- ...... .=---------- Applicant must ha.e all submittals into the City offices 25 days before the Planning Commissilon 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, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorized agent attend in your place and to advise the Building i Zoning Office of this change prior to the meeting. wt - \\ ■ ■ u • � m R � I w ■■ ■ nr_.. a.:., ...... .wta�i.:�.w? `.�• "',#.. t'' RUN DATE 10/19/87 1, IN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 4+ PROPERTY OWNERS LIST PAGE I BATCH 001 38 17-117-23 23 0006 38 17-117-23 23 0007 38 17-117-23 23 0012 PROP ADDR 01920 CONCORDIA ST 01937 FAGERNESS POINT RD OL?lER NAME JOHN E WEIST ETAL LLOYD H DRAPE:' W L KLITZKE t B J KLITZKE TAXPAYER JOHN E WEIST LLOYD H DRAPED WILLIAM i BETTY KLITZKE AND NAME/ADDR 1920 CONr OROIA AVE 6015 GIRARD A14E 50 THOMAS i JILL KLITZKE WAYZATA MN 55391 MPLS MH 55419 1937 FAGERNESS POINT RD WAYZATA MN 553SI 38 17-117-23 23 0017 38 17-117-23 23 0018 38 17-117-23 23 0028 PROP RDDR 01940 CONCORDIA ST 019445 FAGERNESS POINT RD Ot?tER HAt1E L C SHAW ETAL R A M NOLL R A M NOLL TAXPAYER LLME110E C SHAW RICHARD A MARSHA NOLL RICHARD E NOLL NAME/ADOR 1940 CCNrORDIA 1945 FAGERNESS POINT RD 1945 FAGERNESS POINT RC ORONO MN 551191 WAYZATA MN 55391 WAYZATA MN 55391 M 18-117-23 14 0001 38 18-117-23 14 0006 38 18-117-23 14 0007 PPOP ADDR 01895 CONCORDIA ST 01975 FAGERNESS POINT RD 01971 FAGERNESS POINT RD OLT:ER NAME P V EEPC7QEN ETAL JOHN K FlUWDY EIAL T i P MORTENSON TA PAYER PAUL `! BTPGGREN JOHN K PUPDY THOMAS MORTENSON MME/ADDR 1895 CCtZORDIA 1975 FAGERNCSS PT RD 1971 FAGERNESS PT RD WAYZATA HN 55391 ORONO MN 55391 WAYZATA MH 55391 38 18-117-23 14 0008 38 18-117-23 14 0009 38 18-117-23 14 0010 , PPOP ADDR' 01973 FAGERNESS POINT RD 01 %5 FAGERNESS POINT RD 01955 FAGERNESS POINT RD a 0:lrR NAPE A R BACKSTROM ETAL G L EKLOF i C F LEE K F GEMPLER i M S IVES T",•RAYER A R EACKSTPOM GARY EKLOF / CATHY LEE K F GEMPLEP i M S IVFS h:'_tiE/ADOR 1973 FAGERNESS PT RD 1965 FAGERNESS PI RD 1955 FAGERNESS POINT RD WAYZATA MN SS391 WAYZATA MN 55391 ORONO MN 55391 r 38 18-117-23 14 0011 3A 18-117-23 14 0012 38 18-117-23 14 0013 r PROP ADDR 01951 COt.CORDIA ST 01945 CONCORDIA ST 01935 CONCORDIA ST Cr-,[R t:A,]F J B WALDPCN i L H WALDPON R W RAGATZ A J I RAGATZ THOMAS W LYTLE TAXPAYER JOHN B i LYNN H "ALDRON RICHARD W i JILL RAGATZ THOMAS W LYTLE NAME/ADDR 1951 CONCOROIA ST 5709 AYRSHIRE BLVD 1935 CONCORDIA ORONO MN 55391 EDINA 1tr 55436 WAYZATA HN 55391 +' 38 18-117-23 14 0014 38 18-11Y-23 14 0015 38 18-117-23 14 0016 PROP ADDR 01925 CONCORDIA ST 01905 COtXMDIA ST 01949 FAGERNESS POINT RD =IER NAME STANLFY P WHITTIER N i C BERGLUIID EVELYN A GOLDSTEIN TAXPAVIR DAVID HESS A BETTY HESS NORMAN TENNER BERGLLRaO EVELYN A GOLDSTEIN <" NAM"_.'ADDR 1925 COMMOIA ST 1905 C011CORDIA ST 1949 FAGERNESS POINT RD CROIIO MN 55391 WAYZATA MN 93391 OROtm MN 55391 r RUN DATE 10.'19/87 BATCH 001 PROP ADOR O'.:1ER NAM TA:PAiER TOTAL BATCH fu."f /AOOR r 001 OU018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 2 I CERTIFY THAT THE FACTS RErRESENTEO ARE AN ACCURATE ANO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPART'MNT OF PROPERTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATEk 1 Certificate of surve3t of lot 10, Fagerness Hennepin County, Minnesota i Uyf?oJed rG4wlwiit) wall ttralin9 house. (Floor Ek+•957-*) /S•O I hereby certify that this is a true and correct repre- sentation of a survey of the boundaries of lot 10, Fagerness and of the incation of all buildings, if any, thereon, it dces not purport to show any other improvements or encroachments:,_% COFFIN 6 CRGNBERG, INC. Ewsf,�y ,goroye qY' 0 —1 Mork S. Gronberg MN. Cic. No. 12755 Scale: 1 inch = 20 feet .s . Gordon R. Coffin MN, lic. No. 6064 Date : May 19, 1986 - Engineers, land Surveyors, Planners o Iron marker long lake, Minnesota Datum:* Mean sea level (NGYD-1929) --l44 Existing contour Proposed contour (dMuc Spot e4aa}'�on SAM TCOUREI ROUERT P SCHWINN GEORGE R ROO `T)E'i JOHN 6 WALDRON COUREV, SCHWINN & KODADEK A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 300, 400 MARQUETTE AVENUE MINNEAPOLIS. MINNaSOTA 55401 TELEPHONE M12) 339-0441 October 22, 1987 LAWRENCER ALTMAN CAROL SHEPPARD SANDRA f GILBERT JOHNL NELSON 19 City of Orono14 P.O. Box 66 c ? f -..` 4 Crystal Bay, MN 55323 Re: John and Lynn Waldron Property 1951 Concordia Street TO THE CITY OF ORONO: This letter accompanies our General Land Use Application package regardi►ig the above property. The impetus for our request is extensive erosion damage suffered by our property in the storm of July 2.3, 1987. As you can see from the three photographs enclosed as attachment A (one "before" photograph and two "after" photographs), an extensive portion of the bank on the lakeside of our home slid into the lake as a result of that storm. Obviously, some extensive work will be necessary to repair the storm damage and prevent further erosion of the slope with resultant pollution of the lake. One alternative is to create an extensive system of retaining walls on the lakeside slope area. However, there are several drawbacks to this alternative. One is the extensive cost involved. Another is th-2 fact that, as we have observed, even slopes with extensive retaining walls slid into the lake during the July 23rd storm. Finally, the lakeside retaining walls would be less aesthct.ically pleas._ng as viewed from the lake than would a naturally vegetated slopu. Our preferred and proposed solution is to excavate and remove a portion of the bank on each side of the stairs to the lake. This would reduce the need for extensive retainage on the lakeside face of the slope, would increase the relatively flat absorption area at the top of the bank Tor future rainfall, and reduce the possibility of future erosion problems which could come in the future, further polluting the lake. Since half of our existing home is within the 0-75' area, it is also apparent that some variance from the City ordinances will be required to repair the storm damage, whatever the nature of the repair might be. As a part of our (roposal, we are also City of Orono October 22, 1987 Re: John and Lynn Waldron Prop:rty page 2 1951 Concordia Street proposing to cut a walk -out in the basement wall of our home and to add a deck above to accommodate exit from the er:isting rear door of the home and to aid in utilizing the backyat3. See attachment B, consistin(, of two sheets, which depicts the proposed changes. As the City is aware, the previous owners of the property, John and Susan Busse, made application for a walk -out in 1986. The City rejected that application, as I understand it, primarily because the applicant could not demonstrate any hardship nor benefit to the quality or quantity of runoff to the lake. Such is not the case with the present application. A hardship obviously exists due to the damage created by the July 23rd storm. In other words, in the language of the ordinance, "The plight of the landowner is due to circumstances unique to his property not created by the landowner." City Ordinance §10.08, subd. 3.A.2. We did not create the erosion situation ai,d the situation, althouc:, ?t occurred at a number of other properties in the City, is not a problem common to homeowners in the City. It is also clear that if the present slope reri,airs unchanged, the lake will continue to be polluted by the resulting runoff and further portions of the bank may slide. Even if one attempts to revegetate the slope as it is, the slopes are toi steep to adequately maintain vegetation and future erosion and sliding would be likely. Hardcover calculations have be-n made on page 1 of attachment B and show that the proposed changes would result in significant reduction of the hardcover from 19.67% to 7.2%, a 12.47% reduction. The largest part of this reduction is due to the fact that gutters were installed on the lakeside of the home as an emergency measure after the storm. These gutters catch the entire portion of the roof which was previously hardcover within the 0-75' area and divert the runoff directly to the waters' edge by means of r.on-perforated tubing. Since this runoff from the roof is clean, and the tube is not perforated, there is no resulting damage to the water quality from this runoff. This idea was obta?ned from the Hennepin Conserva- tion District. To the extent that the reduction in hardcover in fact reduces the quantity of runoff to the lake, our proposal meets this concern of the City as well.. Runoff to neighboring properties would not chcinge. In general, the proposal can only have a positive effect on the health, safety and welfare of the community, by protecting the lake from future pollution as a result of erosion and other. runoff. By adding a walk -out and deck to the property, the proposal will only have a positive effect on the values of the property in the surround- ing area. Attachment C shows some information regarding the setbacks City of Orono October 22, 1987 Re: John and Lynn Waldron Property page 3 1951 Concordia Street of the adjoining properties. We have discussed our proposal with thc;:e adjoining property owners and they enthusiastically support it. In addition, on each side of the property, there are thick bushes which prevent anyone from looking into our back yard. It is doubtful whether the property owner to the North, Ragat2, will even be able to view the new proposed deck from their house, which is set back further than ur house, much less from the most lakeside edge of their own deck, which we understand was itself constructed by means of a City variance. The property owners to the South, Gempler and Ives, would be able tc view our deck from their deck, were it not for the vegetation. We under- stand that their existing deck, which exter•'G beyond the lakeside edge of our home, was �Iso constructed wit}. he aid of a recently granted City variance. Thus, the creation of a deck attached to our home would only be in keeping with the construction of the homes immediately on either side of ours. Our deck would only extend from our home a maximum width of ten feet, as does tha Gempler/Ives' deck. The reason we have proposed side retaining walls coming out from the proposed deck is to preserve the relatively flat area on the lakeside of the home as much as possible for purposes of absorption of rain and runoff. However, if the City would prefer to eliminate these side retaining walls in favor of a grading plan as proposed by the Busses, the applicants would Le willing to consiAer that. It may be that there will still have to be some retaining wall on the lakeside bank in either event on the north side of the steps due to the steepness of the slope at the top. Attachment D shows the previous certificate of survey furnished by the Busses, and which the present applicants present as their certificate of survey also. This survey shows the Busses' 1roposed grading with our proposed deck and retaining walls superimposed. In summary, the applicants submit that there is a significant physical hardship to their property, making a grant of the proposed variance reasonable and appropriate. The proposed land use change will result in a significant reduction of hardcove,-, will hault the further erosion into the Lake with resulting pollution, will be consistent with neighboring properties, and Mrill only benefit those properties an' the City as a whgle. kespect ly submitted, i � Vic, ohn B. Waldron cxI,Jt W-e-'rE-s4T t i pa**Tl - os -0A � ae�or►e e�+�rr, mac• bia,�� �� sr�i Lill' ails_ l V NofE'b f -A 4WARW L(I SM J& MOt/Sf-. / ---rt---- - . --_- -- �_ - --- - --- Its U MR - /It If= 11-4011 I L%Wc N� �57►���ifo ..rcE. - -ZM_ --- ku vi m A M11u► . A �p b 40 �0 6d - FMT M W_ Fso N LA" SITS '5 5 71Or� so m ,I Ts 1 "- ZO1.D" SAM T COUREY ROBERT► SCHWINN GEORGER NODADEK JOHNS WALDRON COUREY, SCHWINN & KODADEK A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 300. 400 MARQUETTE AVENUE MINNEAPOLIS. MINNESOTA 55401 TELEPHONE 18121 339-0441 November 9, 1987 Michael Gaffron Assistant Planning and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: John and Lynn Waldron Property 1951 Concoreia Street Dear Michael: 1R IJ(JV 1 01987 L_ HAND -DELIVERED LAWRENCE R ALTMA V CAR OLC SHEPPARD SANDRA P GILBERT JOHN L NELSON As we discussed today, I am enclosing a copy of our hardcover calculations in connection with our current Land Use Application. I am also enclosing a copy of the Memorandum we received from Hennepin Conservation District shortly after the July 23rd storm which gave us the idea for the perforated sub -surface tubing which drains the lake side of our roof. Should you have any questions regarding •hese documents, please feel free to give me -a call. t'oh truly ;, tea � ron � JLiW : cy En:; losures c�11 eck 04 Co�c��c � t�:c �.. .•_ X i T J. 2 s�iw►- b�a� KS k5 6 Z ItC/C%efl rCj.+t .sl I y. 4 q 3.p0 z1'9G w's ( VICC CAIV 80 1106.4, — 0 °L 80 -7. 2 gv <:, r-, j % i SG Z.. ht4robt-f Hennepin Conservation District MEMORANDUM TO: John Waldron FROM: James Piegat, Ph.D. DATE: 14 August, 1987 SUBJECT: Repairing Erosion Damage Enclosed is are some general recommendations about reF,airing damage caused by rains earlier this month. Naturally, there may be additional concerns on a site - by -site basis. Solution of lakeshore problems should begin at the shoreline. Stabilize the shore and then work upslope. Retaining walls needed for structural support should be designed by an engineer. Such walls should be supported by both tie -backs and vertical posts. Prevention consists of controlling surface runoff and ground water seepage. Subsurface drains should be placed behind dtl retaining walls and at the toes of all regraded slopes. Please contact our office if you have any further questions. We would be happy to discuss particular solutions with your contractor, if you see the need. 205 Ridge Pata Fildg 12450 Wayzata Boulevard Minnetonka, Minnesota 55343 Telephone 1612) 544.8572 Hennepin Conservation District Repairing Erosion Damage 1.0 Slope Restoration Eroded areas can be restored by regrading existing material. Clean dirt fill should be used where additional material is needed. The regraded surface must have a uniform slope with a level cross-section; it must not have any depressions or bumps. The fill should be covered with four inches of loamy topsoil for the vegetative cover. Where possible, eroded areas should be regraded to slopes no greater than 1 on 2 (50% grade;. This can be achieved by extending the regraded slope at the toe, r,,*ting the slope back at the crest, or constructing a retaining wall at the top of the slued. Six-inch diameter drains must be installed along the toe of all affected slopes and behind all retaining walls. Corrugated polyethylene erforated tubing is recommended. Drains shall be laid to a neat fine and grade in a trench excavated into undisturbed soil. Thera should be no void spaces between the tubing and the walls of the trench after backfilling. Turn both ends to provide outlets. Except for outlets, drains must be three feet below the final graded surface. A dent guard must be placed over all out'ets. Retaining walls can be used to shorten the regraded slope. The retaining wall should be placed at the top of the s!cpe and not exceed five feet in height. Six-inch drains must be installed behind all retaining wails using specifications cited above. Drains should be Placed at the same elevation as the bottom cf the exposed wail ar,ri four feet behind *he wall where possible. An engineer must be consLlted for the design of retaining walls needed to protect structures. 205 Ridge Plata Bldg 12450 Wayrata Poulev,ard Minnetonka, Minnesota 55343 Telephone (t)12) 5.4-85T2 2.0 Prevention FL' are erosion problems can be prevented by controlling three factors: 1) rooftop drainage; 2) surface runoff from lawns and yards; and 3) seepage of ground water at the toes of steep slopes and at the base of retaining walls. Roofs should be guttered and the drainage directed, as much as possible, toward the street. Where grading permits, rooftop drainage from the rear of the house can be carried to the street in shallow subsurface drains. In special cases, drains can carry rooftop drainage down slope. Subsurface drains should be six-inch diameter corrugated polyethylene unperforated tubing. Surface runoff from lawns, yards, or unguttered portions of roofs must be controlled to minimize water volume and velocit , at any single point. Landscaping should be modified to prevent channelling of surface water. Low ii, is or berms can be constructed along the slope crest. Water ponded behind the walls must be drained through subsurface storm sewers. Eight -inch diametwr corrugated polyethylene unBerforated tubing can handle drainage from approximately 10,CC0 square feet if it slopes greater than 1 on 2 (50% grade). Inlets -rust be protected from trash, leaves, etc. Outlets must discharge onto riprap. Vents must be placed in the line where there are significant changes in grade. Many slope failures are caused by excessive pressure exerted by gret:nd water at the toes of s!opes. Subsurface drains i unning along the contour at the tees o, slopes and behind retaining walls will relieve the excess pressure and prevent slumping. Standards for subsurface drains are given above. 3.0 Seeding and Mulching It is importard ►o develop a good vegetative cover on steer) slopes as quick!y as posssible. The work to be performed for seeding disturbed areas includes: 3.1 This item shall consist of furnishing all seed, fertilizer, mulch, netting, labor, and equipment required to prepare the seedbed, seed, fertilize, and mulch the critical areas as described in Items 3.1 through 3.7. 3.2 Each site shall be seeded and mulched as soon as practical upon completion of shaping and seedbed preparation. 3.3 All disturbed areas designated for seeding and mulching shall be shaped to a uniform slope of 2:1 or flatter and seeded within 1 day after seeded preparation. 3.4 The fertilizer shall be applied at the following rates of available plant food per acre: Nitrogen (N) 100 Ibs (2.3 Ibs/1000 sq ft) Phosphoric Acid(P2O5) 100 Ibs (2.3 Ibs/1000 sq ft) Potash (K2O) 100 Ibs (2.3 Ibs/1000 sq ft) Ground Limestone 3 Tons per Acre (14Q Ibs/1000 sq ft) (as determined by soil test) 3.5 A minimum of 4 inches of topsoil shall be applied. Topsoil shall be friable, loamy material (loarn, sandy loam, silt loam, sandy clay loam or clay loam) and shall be free of debris, trash, stumps, rocks, roots, noxious weeds or any substance potentially toxic to plant growth. Topsoil shall have an organic matter content of not less than 3% by weight and shall have a pH of 6.0-7.5. Topsoil containing soluble salts greater than 500ppm shall not be used. 3.6 Seed shall confo m to the quality requirements of Federal Specification )]j-S- 181 and State of Minnesota seed laws. All seeding rates will be based on pure live seed. 3.7 The following seed mixture and rates of pure live seed shall be used: -apecie PLS Ibs,/ac. is /1000 ft-2 Smooth Bromegrass 15 0.34 Kentucky Bluegrass 5 0.11 Birdsfcot Trefoil 3 0.07 Perennial Ryegrass 3 0.07 3.8 After construction is completed to design grade and shape, fertilizer shall be applied uniformly over the area to be seeded. Surface tillage to a depth of 2 inches shall be done to incorporate the fertilizer and lime if needed as determined by soil test. The site shall be reasonably smooth and free of debris such as rocks, roots or tree branches before seeding. 3.9 The seed sha3 be spread uniformly on the surface. Broadcasted seed shall have an approximate earth cover from 1 /8 inch to 1 /4 inch (between 1 /2 and 1 inch on most sands) by dragging or hand raking before the mulch is applied. a. Broadcasting - Seed shall be uniformly distributed by a mechanical or hand operated seeder Cover the seed by cultipacking, harrowing or hand raking. b. Hydroseeding - Apply the seed alone or seed and fertilizer in slurry form uniformly over the area. Hydroseeders shall arovide continuous agitation and be capable or supplying a continuous, ion-fluctmating flow of slurry. Cover the seed by cultipacking, harrowing or hand raking. 3.10 Mulc;iing shr.ii be done immediately after the seed is sown. The mulch shall consist of clean hay, straw, or long fibered wood cellulose blown or hand applied at a rate of 3,000 to 4,000 lbs. per acre for hay and straw, or 1,500-2,000 Ibs./ ac. for the wood cellulose. The contractor will provide a method satisfactory to the engineer for determining the weight of mulch furnished. 3.1 1 On siopes steeper than 3:1, the mulch shall be anchored by a netting securely stapled into place. The netting shall be a Mack polypropylene extruded rectangular mesh with 3/4" x 1" opening and having a weight cf 2.6 pounds per 1,000 square feet (4- 0.5 Ibs.). Netting shall be equivalent to Economy Erosion Control Netting from Conwed Corporation, 332 Minnesota Street, St. Paul, MN 55101. All stetting will be secured by staples on 4 to 5 foot staggered centers, except on the ends of the netting where staples will be placed at 1 to 2 foot spacings along the entire width. Adjacent or end to end nets will have a 4-6 inch overlap with the net on the upstream side of any lateral water flow on top. Staple will be 1" by 6" long, 11 gauge wire staples it ,serted flush with mulch or ground surface. 3.12 When construction is—mriated between May 15 and July 1 and August 1 and September 15 all sites will be s;.::.ed to the perrr:a.,ent mixture listed in 3.7. No dormant seedings will be made when using this permanent mixture. If construction is completed during the period of September 15 to November 1, the area will be seeded with a temporary seeding consistirg of 10 pounds per acre perennial ryegrass planted with a grass drill or hand seeded and harr,:wed. After these dates a dormant stedirg may ba made. a. Dormant soedings are made after soil temperatures are cool enough to prevent germination. Procedures for applying needed lime and fertilizer, seedbed preparation, seeding and mulching are the same as during other seeding periods. b. An alternate method of dormant seeding is to apply needP lime and fertilizer, prepare a seedbed, and apply and anchor mulch. Sow seed as a dormant seeding over the m�ljlch during the time period shown in the Optimum Seeding Period Table. Do riot seed on ice, or snow deeper than 2 inches. Double seeding rates when using this method. 3.13 Optimum Seeding Period sassl gUme CieS S ring Summer Dorm Cool Season Grasses 4/1-5/50 8/1-9/15 11/1-4/1 Warm Season Grasses 5/15-6/20 - 11 1-4'1 Alfalfa; Red lover 4/1-5/20 8/1-8/20 11/1-4�/1 Birdsfoot Trefoil; Crownvetch 4/1-5/20 - 11/1-4/1 3.14 Establishment Management: a. Controi undesirable broadleaf weeds, weedy grasses and woody plant growth as needed. Clipping should be done before the weeds begin to compete for moisture and prior to weed seeds maturing. b. Herbicides may be used to control some species of weeds. Optimum control will be obtained when weeds are in early growth stages. Herbicide applications should be delayed until grasses reach the three -leaf stage. Do not apply herbicides to seeding mixtures that include legum . Herbicides shall be applied in accordance with authori-ed, registered uses and directions on the label. The individual who applies herbicides is responsible for complying with federal, state and':;cal laws and regulations governing the use of herbicides. 4.0 General Recommendations In The Establishment Of Grass: Seedbed Preparation - Area to be seeded should be well worked: the same as for a standard lawn seeding. Harrow or pack the seedbed prior to seeding to break up large clods and firm the seedbed. The prepared seedbed must be soft enough to permit covering the seed and anchoring mulch yet firm enough to prevent burying seeds too deep. For ex,n �:�e, the soil should be firm enough to support the weight of a person without sir,*,:,. ; mto the soil mere than 1/2 inch. The entire seedbed should be uniform, friable and well packed. In some cases, heary land roller or culti- packer may be needed to get the desired compaction. Perform all cultural operations across slopes where poss;ble. Areas inaccessible to equipment shall be scarified by hand. 4.2 Method of seeding- Proper placement of y, ass seed is very irnportanL The most desirable method is to use a grass type drill that will plant the seed about 1 /2' deep in well packed soil. If such a machine is not available, the seed can be broadcasted on the surface. !f this method is used, then the entire area should be harrowed twice immediately after seeding. On slopes st-noer than 3:1 this will generally mean hand harrowing etc. 4.3 Time of seeding - If warm season grasses are recommended the most desirable time to seed warm season grasses is after the soil has warmed up over 60 degrees. This usually will cor,espond with the average seeding date for sudan grass. At the 450 latitude, this would be approximately from June 1 to June 30. If these grasses are seeded too early or in the fall, they generally do not perform as desirec:, and will often result in a failure of the planting. Grass other than warm season grasses should be seeded before May 20 and from August 1 to September 15. 4.4 Seed sources - Most large seed companies can get the warm season grass seed if you will place you order with them well in adv-,nce of your planned seeding date. The Sexaur Company of Brookings, South Dakota; Miller Seed Company of Lincoln, Nebraska; Sharp Bros. Seed Company ' Healy, Kansas; and Petersen Seed Company, Savage Minnesota usually have these seeds on hand. 4 5 Seeding rate and mixture - Our goal to seed approximately 100 iive seeds per squa, e foot. One other important item is to order your seed on a Pure Live Seed Basis (PLS). This will help guarantee that you w0l get 1 CO live seeds pianted per square foot. 4.6 Management - All competition (weeds, etc.) should be kept cut as often as needed. Normally the cutting will help weaken the compet,tive plaits and give the newly seeded grasses adequate sunlight and a chance to increase. Supplemental watering cln be beneficial during July and August in the establishmert period. danee.-ro V sUv s,"Rh 'c to Ext51iNct �jQFKE 1«/JL� / � �► � WKA- , Z pCITiN� Y i/ NAY. S�aPi - RA1L 011w�Rt1+i►'l- to %t.l,- ,�aMae�'lop </ _-1i ty�r Su1rC ti��uo�9��; y! ahoy I [a;c �d�rncfo�kQ oc•tri� ,.e w1�9.eg6 M,Ilar.k�ii•r•e.lr �� - _ • _`� � •mar—___�--_ • to too OV 1 % - - ----- SIX vr — - .'. ! 411% `IS IL t vJ� � tf 9' i � ` .__ . 1.. :"�.. � .� Z7 ' �,p� 'a , f,•61 R• C�co�dlo Sfncl MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 61:03 JOHN BUSSE 2' CONCORDIA STREET VARIANCE/CONDITIONAL USE PERMIT - SECOND REVIEW John Busse was not present for this matter and the Planning Commission waited until 11:40 P.M. for his presence to act on his request. It was moved by Bellows, seconded by Chairman Kelley, to recommend denial of a conditional use permit and variance to regrade lakeshore yard to create a walk -out basement configuration per staff recommendation. Motion, Ayes 5, Nays 0. #1042 TPOMAS J. 14AXWELL 3685 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 7:57 - 8:05 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for conditional use permit for guest house use of second existing residence, in conjunction with combination of 2 parcels of + 5 acres each into a single parcel. Mr. Maxwell.z aunt, Arlie Thcrpe, owns the adjacent property and will deed the property to Maxwell in exchange for a life estate. This will allow construction of a new 6 stall barn meeting the 150' setback from all property lines, and allow 7 horses maximum. Jack Ebert was present representing Mr. Maxwell and stated that he had the signed deed in hand. No one wLs present from the public regarding this matter and the public hearing was closed. Callahan stated that he was opposed because it was bad zoning & planning to combine the property just for the purpose of allowing 6 horses. Bellows and Goetten agreed witl, Callahan. Assistanc 7.oninq Administrator Gaffron noted that once the properties were combined they might not be allowed to subdivide again because the properties would be substandard in the required 5 acres zoning area. Taylor stated that the applicant has complied with the Planning Commission's direction at the last meeting. McDonald agreed with Taylor. 6 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 16, 1986 j1035 ROBERT KOEHNEN CONT. Planning Commission concurred with staff's interpretation. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Goetten, seconded by Chairman Kelley, due to the Planning Commission's interpretation that this is an alley, not a street, that no variances are required if structure is reduced to no more than 1000 s.f. and maintains the 10' setback from the alley and doors open to the side; and staff be instructed to refund the application fee. Motion, Ayes 7, Nays 0. #1037 JOHN B. BUSSE 1951 CONCORDIA STREET CONDITIONAL USE PERMIT POBLIC HRARING 8:28 - 8:40 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for conditional use permit and variance to regrade lakeshore yard to create a walk -out basement configuration. fie noted that City Engineer Cook, per his letter, indicated that he felt disruption of the bank could result ir, a negative impact on Lake Minnetonka and does not recommend approval of the grading plan. John Busse was present for this matter and stated the purpose of creating a walk -out was mainly to finish the basement, provide light, and to try and solve the water problem by means of releasing the hydraulic pressure on the foundation. He submitted a letter from Engineer Mark Gronberg which explained the measures that would be taken in order to prevent erosion into the lake. Kelley stated that he was not in favor of this because of his concern of creating a chain reaction in this type of request. Rovegno suggested that this application be table for more review. Goetten agreed with Kelley and Rovegno. Taylor stated that he felt water damage was 3 legitimate hardship. No one was present from the public regarding this matte, and the public hearing was closed. n ,' mi 4UTES OF THE PLANNING COIN1?FISSION MEETING HELD JUNE 16, 1986 ,1037 JOHN 11. BUSSE CONT. It was moved by Rovegno, seconded by Goetten, to table this matter so that applicant can provide additional hydraulic/hydrologic information for the City Engineer to review, and also review impact on lak,� and neighbor's properties, and neighbor's opinions. Motion, Ayes 7, Nays 0. #1038 GORDON N. NELSON 1310 ELMWOOD AVENUE VARIANCE PUBLIC HEARING 8:41 - 3:47 The Affidavit of Publication and Certificate of Mailing was ►noted. Assistant Zoning Administor Gaffron ex_lained the hardcover variance request to'con5truct a detached garage (2.9% increase in hardcover in the 75-250' from 32.9% to 35.8i). Gaffron noted that applicant does not have an exisiting garage and proposes to remove 2 existing storage sheds. fie also noted that removal of a 3rd existing shed would reduce the hardcover to 1.6% increase. He explained the grading work that would be required consisting of approximately 90 cubic_ yards which does not require a conditional use permit. .,ordon Nelson was present for this matter and stated that he will remove the 3rd shed also (resulting in a 1.(% hardcover increase in the 75-250' - total 34.5%). Goetten stated that she felt there was a real hardship involved with the severe slopes of property. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Goetten, seconded by Kelley, to recommend approval of the variance, subject to staff';; hardship findings and conditions and subject to removal of all 3 sheds and no additional hardcover will be allowed. Motion, Ayes 7, Nays 0. Bones t roo r� Rosene Anderiik & Associates Engineers & Architects November 10, 1987 City of Orono Bo: 66 Crystal Bay, MN 55323 Attnt Jeanne Mabusth Otto G sonestwa PE Keith A Gordon. ►F Thomas W FMelson. ►E Rotten W Rosene. PE RKhard W Foster. PE MKhael C tynth, ►E Kosepn C Artderllk. PE Donald C Burgardt. ►E lanes R MalsM. PE Bradford A temft eq. PE Jerry A Bourdon, Pt Kenneth P Anderson. ►E RKhald E Funnel. PE Mart A Manson. PE Keith A Bsfhmann, PE James C Olson, PF led K Freld, PF Mark IT polls. PE Glenn ItCook. PE MKhsel T Rautmann. PE Room C Russek, A I A Thomas E Noyes. Pf Rooen R Pletlerle. ►E Thomas E Angus. PE Roben G SchunKht. PE C)",d O Loskola. PE Mowstd A Sanford. PE Marvin t So Veils. PF Re: File No. 139 - 1223 John Waldron Dear Jeanne, Cheeses A PwItson Leo M ►~Isky ttsrlan M Olson Susan M ECerlln Mark A Seep We have reviewed the John Waldron request for reconstruction of the lakeshore banks at 1951 Concordia Street. The lakeshore ba) s were seriously eroded during the summer rain storms and should be repairs. as soon as possible. Silt fence and/or other erosion control procedures should be placed along the lakeshore as a temporary protection. The property owner is requesting permission to construct a walkout basement as a part of the shoreline restoration work. We reviewed a similar application from the previous owner which was denied. The restoration of the lakeshore banks can be completed without constructing the walkout basement. The property owner should be requested to submit a plan for restoration of the lakeshore banks. This can be accomplished by cribbing, stabilization fabric or camouflaged retaining walls. There was a significant amount of soil lost when the lakeshore bank tailed which will allow for a flatter slope after reconstruction. We would recommend that the lakeshore bank be restored back to near its original condition con- sistent with city policy. If you have any questions, please contact this office. Yours very truly, BONESTROC, ROSENE. ANDERLIK i ASSOCIATES, INC. Lj Glenn R . Cook GRC s 11 Nr)V 13 =7 24 2335 West Highway 36 9 St. Paul, Minnesota SS113 • 612-636,4600 To: Mayor Grabek & Orono Council Members City Administratur Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: January 6, 1988 Subject: #1229 Richard Hanson, 3826 Cherry Avenue - Variances - Resolution Zoning District - I.R-lC Area - 22,218 s.f. Pertinent Ordinances i Issues - 1. Section 10.22, Subdivision 1 (A) - No structure allowed within 75' of the lake - portion of 3-season porch encroaches setback area, 69' f rom lakeshore. Required Setback = 75' Existing Principal Structure = 55' Proposed Addition = 69' 2. Section 10.22, Subdivision 2 - There is an existing excess of hardcover within the 0-75' and 75-250' setback areas. The proposed 3 season porch and deck involves increases in both setback areas as follows: 0-75' Area = 7,500 s.f. Allowed Hardcover = 0 s.f. Existing Hardcover = 646 s.f.*1 or 8.6% Proposed Increase = 55 s.f. or .73% TOTAL HARDCOVER = 701 s.f. or 9.3% *1 Chimney 18 s.f., House 628 s.f. 75-250' Area = 14,718 s.f. Allowed Hardcover = 3,679.5 s.f. or 25% Existing Hardcover = 4,350 s.f.*or 29.5% Proposed Increase = 182 s.f. or f.28 TOTAL HARDCOVER = 4,530 s.f. or 30.7% *2 Eriveway = 2,832 s.f., Houseboat = 440 s.f., How e = 1,078 s.f. List of Exhibits Exhibit A - Application Exhibit B - Property Owners r.,ist Exhibit C - Plat Map Exhibit. D - Survey Exhibit E - Elevations Exhibit F - Floor Plan Exhibit G - Sraff Sketch Zoning File #1229 January 6, 1988 Page 2 of 3 The applicant proposes a 3-season porch addition, 10' x14.561, to the east of the existing structure with a 5' x 18' deck on the south of the porch providing access to the yard area from both porch and from house. The elevations (Exhibit E) show;l-ding g_ass doors on the east and north sides of porch - no steps or deck are shown - applicant must explain. Based on the survey, there appears to be no problem with average lakeshore setback. The applican-_ :ias not cited any hardships to the land on the face of the application. Council has approved new s :ructural hardcover within the protected area for the following recent application reviews: Palm, Pemberton, Fagers, Gempler, Swanson, Beck, Waters, Minnetonka Boat Works and Smith Bay Yacht. The Hardships cited were she size and depth of lot that already contained a principal structure, location of house in relation to 75' setback line, uniqueness of str 3cture, location of utility lines, steep elevations and need for easy access to yard area. This summer, '_oui c' 1 approved a deck for the Beck residence to the immediate east of the property. Approval was based c•i the pattern of drainage, sever,/steep elevations, and location of existing house in relation to 75' setbac.• line. Mrs. Beck removed an accessor, structure in her lakeshore yard as a condition of approval in order o reduce hardcover in 0-75' setback area (existing 16%, final with new construction _5.5%). Staff would suggest the following findings or hardships roted upor, Bite inspection of the property: 1. As with Beck property, drainage from area of new construction flows to rear or south over i firassed area. 2. Location of a large matu-e tree - if porch and deck are moved back o'it of the protected area th, -.ree wou:.d have to be removed. 3. The house was placed on -he property prior to lakeshore standards. Planning Commission Comments - T-ie Planning Commission advised applicant that they could not recommend approval of the use of sliding doors on the north and east sides of the three season porch. 1:xterior access from 3 season porch is approved only on the south side cf the porch and the only side that may be constructed with a sliding door. The north anO east sides are to be redesigned with windows only. The original plans did not include access stairs from new deck area (51xl8') to the south of three s,,aF;on porch. Applicant advised steps would add some 12 s.f. of additi,inaI hardcover withn the 75-250, setback area. Applicant agreed to removed 18 s.f. :)f existing hardcover, outdoor cooking stove/grill, referred to as chimney on survey within the 0-75' protected area. Zoning File N1229 January 6, 1988 Page 3 of 3 Amended Hardcover Facts per Planning Commission Recommendation - 0-75' Area - 7,500 s.f. Allowed Hardcover = 0 s.f. Existing Hardcover = 646 s.f. or 8.6% Proposed Increase = 37 s.f. or .49% Total Hardcover - 683 s.f. or 9.1% (removal of 18 s.f. of existing hardcover) Original Proposal = 701 s.f. or 9.3% 75-250' Area - 14,718 s.f. Allowed Hardcover - 3,679.5 s.f. or 25% Existing Hardcover = 4,350 s.f. or 29.5% Proposed Increase = 192 s.f. or 1.3% Total Hardcover = 4,542 s.f. or 30.8% Planning Cas=ission Recommendation - To recommend approval of the hardcover and lakeshore setback variances sought by Richard Hanson for the property located at 3826 Cherry Avenue based on the following hardships and findings: 1. Loss of 200 year old oak tree if porch was moved out of the lakeshore protected area. 2. Location of house in relation to 75 feet lakeshore setback line. 3. Need for exterior access from new porch. 4. Approval is consistent with previous Council actions regarding new construction within lakeshore protected area. Approval is subject to the following conditions: 1. Three season porch to be redesigned so that sliding glass doors are installed only on the south side of the porch - remaining sides to be installed with window sections. 2. Removal of 18 s.f. of existing hardcover, chimney/outdoor grill located within 75 feet of the lake, to be removed by the time the inspector makes a footing inspection for the porch addition. The: enclosed approving resolution has been drafted per the Planning Commission recommendation. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE. SECTION 10.22, SUBDIVISIONS 1 (A) AND 2 FILE #1229 WHEREAS, Richard Hanson (hereinafter "the applicant") is the owner of the propert cated at 3826 Cherry Avenue within the City of Orono (hereinafter "Cl,-f") and legally described as Lot 6 and 7, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and 2 to permit the construction of a three season porch and deck located 69 feet from the lakeshore instead of the required 75 feet resulting in increases of hardcover within the 0-75' setback area of 37 s.f. or .49% and within the 75-250` setback area of 192 s.f. or. 1.3%. NOW, THEREFORE, BE 1T RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1225. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on December 21, 1987, and recommended approval of the proposed variances based upon the following findings: A) The loss of a 200 year old oak tree if porch is moved out of the lakeshore protected area. B) Location of house in relation to 75 feet lakeshor? setback line. C) Need for exterior access from three season porch. 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. Page 1 of 4 City of ORONO RESOLUTION OF flkt CITY COUNCIL i NO. S. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in tais zoning district; that granting the variances would not adversel,1 affect traffic conditions, light, air nor pose a fire hazard or othor 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 per Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and 2 Co permit the construction of a three season porch and attached deck located 69 feet from the lakeshore instead of the required 75 feet resulting in increases of hardcover within the 0-75 feet setback area o` 37 s.f. or .49% and within the 75-250 feet setback area of 192 s.f. or 1.3%, subject to the following conditions: 1. The three season porch is to be redesigned so that sliding glass doors are installed only on t-he south side of the structure. The north and east sides of the porch shall be installed with ++indow sections. 2. The chimney/outdoor grill totaling 18 s.f. of existing hardcover within the 0-75 feet lakeshore setback area is to be removed prior to the footing inspection for the new construction. 3. Authorities granted with this resolution run with th^ 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 approval will expire on that date (January 11, 1989). 4. violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Cite cif ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono City Council on this llth day of January, 1988. ATTEST: Dorothy M. Elallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 R /A Fee - Receipt Initials: - i�4 _ • d CITY OF ORONO - VARIANCE APPLICATION "7V ,',F L:,�JWO OFFICE Initial Application Fee $150.00 ($50.00 per each additional vgriar4e"N tcAAA R,.iewal Variance Fee $75.00 (no change from original applicatio 15.�� iter-the-Fact Fees (Double application fee) ------------------------- •-------------------------------------- +1r�.t� �..,,+� ,��Upr* ,v PROPERTY LOCATIOE 4038630 C•00I t'^I 714:2J Site Address c$12 L C If C Kg /il'e- 1V/oU h,.0 Property Identification Number (F . I . D.) 02117gg333 000z Please check one - Is the property X_ abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home) c/ 7,1 - Name c •c It ,�� ,��rt A, t Phone (work) -----Address: Y ."1 G-- e�s1_ , /yU Y iz-- --City: ,-- ztLi Z �- ---ip ---1--�--1-- OM M (if different than applicant) Phone (home)-T,40,wt Name 514 & t= . Phone (work) Address: City: Zip: Date Property Acq,jired e cf a n c I- f 47!� (month/year ) I (do) (do not) also own the adjacent parcels of land. -----------------------------------------------------------------•------- PRESErT MR OF PROPERTY Present Zoning District ,eS],,,!„ %D/ Present Use of Property S��T�-� ,��t��c r,� Residential Other (specify) -- ------------------------------------------------------------------------- D29CRIPTIOM OF RIGUM EstimaLed Construction Cost $e0•! 0 Describe request in detail: '/a t o., s��ucT— .3 Ss&y•., /deer` . VARIAMCM RNMIRED Lot Area /or, Loy Width Hardcover Setback Variance. 'Front Side Rear) Other - -------------------------------------------------------------------------- HARDSHIP Describe undue enforcementof` hardship or practical difficulty resulting from strict zoning regulations: 7' I`e ��, c'�-�� .'asr•� DRSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: 7 ' /�� . ( «s • p' «` /�i LJrYn"�^i5' R'•s'���� ri.0 s alL - i RXWIRED SUNUTTALS L Completed Application Form 2:-' Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3.,'. Stamped, legal sized envelopes (i10) pre -addressed to each of the r►mes on the above list with no return address. 4� Certificate of survey including hardcover calculations as required. 5. Plat Map. -----------------------------------•----------------------------------------- The Applicant and Property Owner must sign this application. Pleas, remember that your variance application is not complete if the abol information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Appl on is corplete. Zoning Official's Signature .ate APPLICANT'S SIG ATURR 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_[` (`, ;�a��-..�.,�►? Date n 11= 8 SIGNATURE The owner hereby ackowled— . ane :ees to this application and further authorizes reasonable entry ;:to property by City staff, consultants, agents, Commission members, a —A Council members for purposes of investiga- tion and verification of :hie iequ�st. ` A Date �- /1 "Y7 Owner- s---nature----------------- —/---1--------------------------------- Applicant must have all out r,'.- try±s into the City offices 25 days before the Planning Commission Meeting. ^l,nning Comission Meetings are held on the third Monday of ea--h month. '.cants must be present at all scheduled review meetings of the Plarn ng Commissicn and Council, and, if an applicant is unable to att( _i-! a ram' ceduled meeting, to please sake arrange- ments to have an authorizer! a,_ �-.. , trend in your place and to advise the 11W lding f Zoning Office of tl ; :� vinge prior to the meeting. QQ RtN DATE II/13/37 tATCM 001 38 OC-117-23 33 0001 PROP A'J,R 0382^0 CHERRY Alf `Y1NER NAME CARL A PECK ETtL TAXPAYER MRS CHRISTI+AA B'CK NAME/ADOP 3820 CHERRY AVE MOUND MN F5364 38 08-117-23 33 0004 PACT' ADDR 03844 CliEPRY AVE C' NAPE A C LARSON A T L LAR1_LN TG-FAYEP ALLAN C i TERRI L LARSON 4-02 164bS HIC/OR/ HILL OR FACAN MN 55:22 08-11?-s3 33 0037 PROP -5825 CHERRY AVE OWNER W.ME J 4 i L J W JOHNSON TAYPAYER JEFFREY i LISA JOHNSON NAME/ADDR 3825 CHERRY AVE SO MOUIJO MN 55364 38 08-117-^' ,S 0040 FROP ADCR 03843 +Y AVE C:14rR NAME C L ANr -SON ETAL TA'YPAYER CAR( - ANVERSON k',M[/AODR 3843 CHERRY AVE MOUND MN 55364 7UHTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 33 0002 03826 CHERRY AVE R A E HANSON ICHARD E i ELIZABETN HANSON 326 CHERRY AVE ,OU D MN 55364 38 08-117-23 33 0005 03852 CHERRY AVE W E NELSON ETAL W F NELSON 4309 16TH AV" SO MPLS MH 55v07 38 06-117-23 33 0038 03833 CHERRY AVE STATE LAND DEPT CITY OF ORONO PA17K 4/13/79 ST DEED 15;..53 36 08-117-21 34 0041 L J BRILL ETAL MARION R SCHULZ 24362 CARDWELL HILL OR PHILOMATH OR 97370 REPORT M . PI435401 rAGE 1 38 08-117-23 33 0003 03818 CHERRY AVE A C BRAMBILLA ETAL A C BRAMBILLA 3838 CHERRY AVE MOUND MN 55364 M 08-117-23 33 0036 03818 NORTH `40RE CR 1 M i K DAHL WILLIAM A A DF NN L SANDRY a 3318 NARTH Stt, tE OR ORONO N?I 55391 38 08-117-23 33 0039 03833 CHERRY t VE STATE LAND DEPT CITY OF ORONO PARK 4/13/79 ST DEED 156753 4� TOTAL BATCH 001 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPPESEHIATIONI OF INFORMATICN AS Ii APPEARS THIS DATE ON THE RECC?RDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPET TAXATION. TO E BEST OF MY KNOWLEDGE AND BELIEF. ,Q DATE//�7`�� Y / !! r ' 1 ter • a" It '}� �' � !7 N. In •-�1"--!��(�p ..._--.� _'-� .� ice.__• L t t -- t''a--°%w iM het)' < •� �Y to N { L MINNIE AVEto _ ... 1 • + is 416 N �ii� o a • 1 _ 6` ;wig, %� � � � S: 1 � ~°' f.I• y���•�� ' MAPLE ........ _ s` •9u =N --yam-M 1 r ' th --its L( S OAK ru11a:/ipvrW r i r L N �. aV,\ `t� r • t � J ` ` f `�iw� 117e Line E. L ine 12.0 Chimney c let %D (W .", x ADDITION PROPO 6.5 DECK SED if Existing REAR/A" SWOV14 AMC 10000--- C'f4E'ZeY Av NVE //A I E�r;s�''�! ilooF,��..✓,✓t4,Lsrrrlla.� A-0 Ai �,++./�4, /l,rk n ale dam` \ 1 D �� '13r�.��i«i�'E�.d✓rI%/Ci/(f.Fh.4,�a1�� Frt{'� L1 •�. & ate` . .s�irsd.t�•►F/4�i �'� is�� O W 2 N N t Q O � 2 f t• r7 Q p s t Ll lu i V L 49'1 f I `• +r I` tiz o� COL le 0 i�o W / I I 0'9 44 9 ! t _ 1918 Z I 1 ; titZLZ • 91j • v,+ TO: Mayor Grabek and Council City Administrator Bernhardson FROM: Jeanne A. Mabusth, Zoning Administrator DATE: January 6, 1988 SOBJ: #1230 Raymond 6 Susan Johnson, 2670 Pheasant Road - Variance Zoning District - LR-1B Area of Lot - 35,200 s.f. Pertinent Ordinances and Issues - Section 10.22, Subd. 2 - The property has an excess of hardcover within the 75-250' setback area at 6,400 s.f. or 34.4%. The proposed improvements of 390 s.f. will be matched by either removal of existing hardcover or replacement of existing improvements for new structure (71 s.f. of walkway to be occupied by porch and 56 s.f. of patio to be covered by deck area). Section 10.22, Subd. 1(B) - The porch and deck addition will encroach the average lakeshore setback line based on staff's site inspection and review of aerial maps - applicant's have choice of having their own surveyor confirm encroachment. Review exhibit J. List of Exhibits - A - Application B - Property Owners List C - Plat Map D - Neighbor's letter E - Hardcover calculation worksheet F - Hardcover surtrey G - Elevations H - Floor Plan I - Survey J - Sketch of average lakeshore s« oack line The applicants propose a 3-season porch at the southwest corner of the lakeside of their residence. The addition is out of the 75' lakeshore protected area but upon site inspection would appear to encroach the average lakeshore setback line. The lagoon shoreline is considered lakeshore and new construction is subject to Section 10.22 Subd. 1 (B). The encroachment is slight and certainly has no sight impact on neighbor to the east based on location of Johnson's house in relation to house on the east and location of large arhorvitaes on east side of patio that provide year round screening. The most affected neighbor on west has written. a '_etter thoroughly in support of the proposal, exhibit D. Zoning File #1230 December 16, 1987 Page 2 of 2 The hardcover facts (exhibits E & F) submitted by applicants confirm hardcover within the 75-250' setback area at 34.4%. Exhibit E refers to a matching removal of existing sidewalk, step and part of patio totalling 390 s.f.. The survey, exhibit I, designates the areas of existing hardcover to be removed or replaced with new hardcover. The survey and hardcover facts confirm there will be no increase in hardcover as a result of the proposed improvements. Planning Comission Recomendation - To approve t`-e hardcover and average lakeshcre setback variances application of Robert & Susan Johnson for the property located at 2670 Pheasant Road based on the following findings and hardship: 1. The location of the subject house on the property screens the entire addition from neighboring property on east, technically the most affected by encroachment. 2. Plantings along east side of patio area provide year around screening for property to the east. 3. The neighboring property owner on the west, the property to sustain and experience me visual impact from new construction, has submitted a letter approving the proposal. 4. There is no increase in hardcover as applicant will remove equal amount of existing hardcover to mat• new structirai hardcover from proposed improvement. Approval is subject to the condition that hardcover scheduled for removal must be completed by the footing inspection for new structure. C' i # y of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1(B) AND 2 FILE #1230 WHEREAS, Raymond and Susan Johnson (hereinafter "the applicants") are the owners of the property located at 2670 Pheasant Road within the City of Orono (hereinafter "City") and legally described as I.ot 21, Pheasant Lawn, Hennepin County, Minnesota; and WIEREAS, the applicants have applied to the City for variance:s o Municipal Zoning Code Section 10.22, Subdivisions 1(B) and 2 to permit the construction of a three season porch and deck addition to the existing residence that would encroach the average iakeshore setback line and require approval -° an excess of h_rdcover to be maintained at 34.4% Mit;iin the 75-250' setback area. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 01230. 2. The property is located in the LR-lB Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on December 21, 1987, and recommended approval of the pr-nosed variances based upon the following findings: A. The ' �-Iion of the subject house on the property screer: the e; re addition from neighboring property on east, technically the most affected by encroachment. B. Plantings along east side of patio area provide year around screening for property to the east. C. The neighboring property owner on the west, the property to sustain and experience most visual impact from new construction, has submitted a letter apnroving she proposal. D. There is no increas- in hardcover as applicant will remove equal amount of existing hardcover to match new structural hardcover from proposed improvement. Pale 1 of 4 City of ORON n RESOLUTION OF THE CITY COUNCIL NO. 4. The City Council has considered this applic, rion incl,iding the findings and recommendations of the Planning Commissi,r., reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. S. The City Council finds that the conditions ex; sting on this property are peculiar to it and do not apply generally to other property in this zoning distr.ct; that granting the variances would not adversely affect traffic condi-tions, light, air nor pose a fire hazard or other danger to neighborirq 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 e-bstantial 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 above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.22, Subdivisions l(B) and 2 to permit the construction of a three seeson porch and deck addi+-ion to the existing residence that would encroach the average lakeshore setback line and to maintain an excess of hardcover within the 75-230' ,,eLLack area at 34.4%, subject to the following conditions: 1. Per the survey by Mark S. Gronberg, revised Ja: iary 4, 1988, a 1 1 hardcover schedu lee for removal must be completed prior to the footing inspection for new structure. 2. Authorities granted by this rr lution run with t' property not with the applicant, but ar• ermissive only lust be exercised by applicavicn for a bu..d'ng permit within year of the date of Council approval, or these variances will expire on that date (January 11, 1989). 3. Violation of non-compliance wi -h any of the terms and conditions of thi fiance shall constitute a violation of the zoning code, steal. ematically terminate any authority qranted herein, and shall be punishable as a misdemeanor. F iqe 2 of 4 City of ORONO RESOLUTION Or THE , COJNCIL NO. 4. The undersigned applicants have read, understood and hereby ag, ee 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 t tie of the property. Adopted by the Orono City Council on this llth Aay of January, 1988. ATTEST: -jorothy M. Hallin, City Clerk James R. Grabek, Mayor ?roperty Owner(s) F"ae 3 of 4 L0,1 L U UJ / i I ) / Fee Receipt — Initials t _ CITY OF 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) PROPERTY LOCATION --------------------------------------------ZTT1" Tr FI1IANGE t7FF1Cf Site Address (Q F. r- � 00 Property Identification Number (P. I . D.) �! -! r — Z.. 0102.1 +_.+Jv� . as Please check ona - Is the 3perty abstract or t'6tr iiMT-i' ` -7%,j J I V L V:'1 Attach legal description to application 1f not included on requi -ed sur%f#,Y'. -------------------------------------------••------------------------------- A#MICAMT Q ��MSAAI �-+Phone (horse) L 7 l - 7-36 Name !` �[I'►1�A, •� fa k N-,• el/ Phone (work) Address: JUJQ r gAca,j'f 12ACity::I'!LV-LclZip: " ---------------------- ON = (if different than applicant) Phone ( home ) Name Phone (wort) Address: City: Zip: Date PruFc:ty Acquired __- ("onth/year) I (do) ( o not also own the adjacent parcels of land. ----------------I-------- PR OM USE Or PROPERTY Present Zoning District �- �' OR Present Use of Property N a IV Residential Other (spew "y) ----------------------------------------•---------------- ---- --- -- hASMIPTION or RxQU=T Estin,:-,;; Pq Construction Cost $00 "" Ar vtld Describe request in details.- p�'T"� O `IPA� ES RIQUIR� - - - - ------ VARIANC---- -- Xi Lot Area - Lot Width - He r _ ••• Setback Variances ( Front Other Side 73,4e ) HARDSHIP Describe undue hardship ur practical difficulty resulting from strict enforcement of zoning regulations: DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe tlnus•,al property conditions preventing compliance with Zoning Code Req!iiremen s: REQU I ICED SU W t TTALS 1. Completed Application Form 2. Certified Property Owne s List of owners within 150' (you can obtain this list from iiennep' County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sizea envelopes (t10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. - ------------------------------------------------------------------ The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the abr-0 information has not been included. -------------------------------------------------------------- Certification by Zoning Department that Variance Application is comple`. Zoning Official's Signature Date APPLICANT'S SIGNATURE 'l:ie applicant hereby agrees to provide all information required or requested by the Zoning Ad:-.inistrator, agrees to pay all fec,s and/cr unusual expenses incurred in -eview of this application, and certifies that the information supplied true and correct to the best of his/her knowledge. I Applicant's Signature Date ��t;,,��'� ► �' � OWNERS SIGNATURE The owner hereby ackowledg% and agrees to this application and further authorizes reasonable entry - t-r, the property by City staff, consultants, agents, Commission members, E Council members for purposes of investiga- tion and verification this -quest. owner's Signature t� ''"1 Date !--/v' Applicantmusthave all subrAt'l-n''la into the City offices 25 days before the Planning Commission Meet inq. ?: nni.ng Commission Meetings are held on the third Monday of each month. ' icants must be present at all scheduled review meetings of the P?a,,:, .n Commission and Council, and, if an applicant is unable to att.a:irl � cc•heduled me . ting, to please make arrange- ments to have an authorized L Jor.'- attend in your place and to advise the HW lding & Zoning Office of the , ange prior to the meetincl. RUN DATE it/OS/07 SATC_4 004 HENNE►IM COUNTY PROPERTY INFORMTION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 12 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF I14FOPMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEWEPIN COUNTY DEPART"ENT OF PR RTY TA,L.TION. TO THE BEST NO OF MY KWLLUGt A10 BELIEF. v 7 DATE', D 1 BY ( v ,• ACf i r o 1 I 7 �,�!t e? , 24 +t ti 1 22 2sub y^- Lm y�, SA Ij f tti •t Y , `S I • 21 '" \• tie it • �1,J ' C� s ° .w� ���`- �r ,+5 .� 16 1 �.' , o r 20 r v .•yJi "s 8 r.t 1.1 r • .��� ( �d 'fs. °' le Ali a s �� ••y 1, s•�.. . 4 j, e , rig �► is �J 5 �� `V- � ''fir • • • Sri S�►�E� ? •a,�r. �� •' 1 00•/ of Q ' 4G0 trot) • ��� ts� 10 �/� 29 N , t•• "' • • . ,y ' e tel: � �� � •i .1 ? Pam of L-0110 US F*4 `.'3 LAKE MINNE rONIM A _ ROGER OOLLIFF 501 50 BTH ST. MINNEAPOLIS. MN 55404 October 5. 1987 M City of Orono Building S Zoning Department P.O. Box 66 Crystal Bay, MN 55323 Proposed (onstruction 2670 Pheasant Road Gentlemen: This is to inform you that we have no objection whatsoever to the proposed construction of a porch addition to our neighbors house. We reside at 2680 (aka lot 20) and our neighbors Raymond Johnson are immediately next door to the northeast. We will be pleased if you favor them with a building permit for the addition. Sincerely, Roger Dolliff ma HARDCOVER CALCULATION WORKSHEET ' Setback Zone: (circle one) 0-75' G250 250-500' 500-1000, Existing Hardcover t Total Existing Hardcover x 100 Existing Aar•icover in Zone Lot Area Within Zone • s.f. x 100 a. tiouae _ _ x s.f. S,f, length width x s.f. Additional Hardcover to be added in zone: x s.f. -- Item Length x Width • TOTA: s.f. S N N �t)�.h li x Z- x - s. f. k ly b. Garage x . •. x T tom- s.f, c. Driveway x S,f, x S.f. �t TOTAL S.F. TO BE ADDED —Y d. Sidewalk x s.f. Existing Hardcover to be Removed, if any: x s.f. Item Length x width TOT.,L s.f. A e. Patio/ x e.f. Deck • a x O s.f. x s.f. f. Landscape x • a.f. x - s.f. under underlain x a.f. rw\ TOTAL S.P. TO BE REMOVED 3 0 13) s� by plastic Final Hardcover Proposal: :2ting x • _ r.f. jLine (1) ♦ Line (2) -Line (3)1 Q x • a•f, • 144 CCf --i— ♦ _ mil -b4c0 s.f. {4) f. Other x • s.f. -- Existing To be Added To be Removed rir,al x r.f. Proposed Hardcover ! . x r.f. TOTAL EXISTING HARDCOVER IN ZONE - ��{ Q Q s.f. il) Line () x 100 s.f. x 100 J✓�V Ling (1) s.f. D. pAI-DCOyER CALCULATION SUMMARY A. B. C. D. E. F. a Existing Final Lakeshore Existing Hardcover Proposed Hardcover Allowed Setback Lot Area Hardcover Percentage Hardcover Percentage Rardcover lone In Zone In Zone (B/A)x100 In Zone !.D/A)x100 Percentage --------- __-___....__ 0-75' f 7c) of ZO_sf / 1 7y of _�_0 0 1 75-250' Goo of t. 'f0o a 3,f, t 00 of 3Y. Y t 25 _0 250-500' 00 of , J XO, I M00of '20.3 • 30 • 500-1000, of of 1 --of • 35 t HARDCOVER LIMITATIONS HARDCOVER INCLUDES: E • - Structures with roofs c���'q i►''` LA" - Decks, even if slatteA `.►` p°%'�� - Sidewalks �� :• / p�� - Driveways (paved or gravel) , - - Decorative landscaping areas underlain by plastic sheeting - Tops of retaining walls, rock walls Z5�• - Any other surface that does not allow direct °= ,,�°'� absorption of rainfall into the ground 01P \, \� 3P ROA D E. OTAER LAKESHORE REGULATIONS BBC. 10.22, REGULATIONS FOR 'LR-IA', 'Lr, ':A-l", 'LR-ls', 'LR-IC' AWD 'LR-IC-1' 0t2 FAMILY LARSSSORS RESIDESTIAL DISTRICT. Wit-!- .: cny "LR-lA", LR-lA-10, 'LR-1B', 'LR-IC", or 6LR-1C-1' One Family Lakeshore Residential Di&,._'.ct the following regulations shall apply: Subd. 1. Lakeshore Set Back Regul--',.-s. The set back from the shoreline for lakeshore lots shall be at least 75 feet no building .aay be located closer to the shoreline than the average distance the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulr.*::.cns. Within 75 feet of shoreline there shall be no exca-lat ing, filling, hard coy: ate, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 250 hard cover. within 250 to 500 feet of the shoreline t':c_e shall be no greater than 30• hard c*)ver. within 500 to 1,000 feet of the .he!-o1A a there shall be no greater than 350 hard cover. Subs. 1. Tree Removal Requlaticna. ICt tr rvs within 75 feet of the shoreline with the diamet.- of six (6) inches or -aJrc r -.:; be removed without first obtaininq a permit from the Council. I . . 1 1� R \ — -5w S .4- nJ -J _O L r., S O c .Q . )T Yam• r To: Mayor Grabek & Orono Council Members City Administrator Bernhardson ^•rom: Jeanne A. babusth, Building & Zoning Administrator Date: January 5, 1988 Subject: 01231 Olai Hanson & Florence Golden, 1380 & 1390 Railroad Avenue - Subdivision of a Lot Line Rearrangement :lass I - Resolution Zoning District - LR-lA Pertinent Ordinances - Section 11.03, Definition 65 (:.) and 66 Application - Subdivision - Lot Line Rearrangement requirca by variance application 01056, approved by Council on 9/14/87. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - P,operty Owners List Exhibit D - Council Minutes of 9/14/87 Exhibit E - Resolution No. 2252 Exhibit F - Survey Review of Application - On September 14, 1987, Council approved Olai Hansor's side setback rariance, approving a 4.6" setback for a proposed detached garage (20' x 41). A building permit cannot be issued for the garage unti- both Mr. E,anson and Mrs. Golden complete a lot line rearrangement with the City that w)uld legally define the dividing line between their properties, thereby ending a long bitter boundary dispute between the two parties. The current application is the formal application of the lot line rearrangement (review the enclosed survey, Exhibit D). Mrs. Golden (A + C) gains 0.87 feet at the front of Parcel C and 1.05 feet at the rear. The existing garage is now 1.2 feet from the new dividing line. The Hanson's proposed garage at the northwesterly corner will be 4.6 feet from the newly defined lot line and easily meets the required 6.4 feet at tle northeasterly corner at 7+ feet per Resolution 2252, Exhibit F. The old wire fence, probably the Golden's old fence, is now on Hanson's side of the now line. This does not appear to be a problem as both property owners are fi I I y aware of where the new lot line falls in relation to existing impro�-ments but this is not a problem that the City need be involved with at thi point. Th ! average lot width of the Golden lot runs approximately 101 feet and the Hanson's lot at an average width of 59 feet. Zoning File #1231 January 5, 1988 Page 2 of 2 Planning Comission Recomendation - To approve the subdivision application of Olai Hanson and Florence Golden that would realign the shared lot lines of their properties located at 1380 and 1390 Railroad Avenue subject to the following conditions: 1. Mrs. Golden must apply for legal combination of Parcels A and C upon final approval by the Council. 2. Mr. & Mrs. Hanson may apply for a building permit for the proposed garage upon final approval by the Council of this subdivision. The enclosed resolution has been drafted per the findings and conditions cited by the Planning Commission in their recommendation and per the directive of the Orono Council in Resolution #2252 that would grant a setback variance for a proposed, detached garage on the Hansons' property upon finalization of the lot line rearrangement. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ---- --- — - A RESOLUTION APPROVING A METES AND BOUNDS CLASS I SUBDIVISION OF A LOT LINE REARRANGEPtENT FOR OLAI HANSON i FLORENCE GOLDEN FILE NO. 1231 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City ''ounci 1 of the City of Orono has adopted subdivision regulations for L.e orderly, economic and safe development of land within the City; and WHEREAS, the City Council has runsidered the app.'_ication for a subdivision by Olai Hanson and Florence Golden (hereinafter "the subdividers") of property legally described on the certificate of survey by Paul A. John.,un of McCombs Knutson Associates, Inc. dated Decerr er 4, 1937 and attached .o this resolution as Exhibit A; and WHEREAS, the subdividers have completed all requirements of the etes and bounds subdivision for division and combination purposes. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds divisioi of a lot line rearrangement for Olai Hanson and Florence Golden as shown on the above referenced certificate of survey, subject to the following conditions: 1. Parcels A y C, as referenced on the attached survey, shall be legally combined for tax purposes at the Orono City Offices prior to the filing of this subdivision with either the Hennepin County Recorder's Office or the Registrar of Titles Office. 1. Olai Hanson may apply for a building permit for a detached garage as --hown on the above referenced survey located 4.F' at she northwest corner from the newly defined lot line. 3. rhis resolution, with t.,e attached certificate of survev, shall be filed with either the Hennepin County Recorder's Office or the Registrar of Titles Office on or befDre July 11, 1988. 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 Oronc for subdivision review. Page 1 c,f City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the City Council of the City of Orono on this llth day of January, 1988. ATTEST: Dorothy M. Ha lin, City Clerk James R. Grabek, Mayor Page 2 , g ry • v �, Date Rec'd j B _ y r Fee Rec'd CITY OF ORONO w'�.� �•�%� t,a i SUBDIVISION APPLICATION FORM APPLICANT Name 013i Hanson b F1n�IIne Katherine Golden C&ZC1,56T 173-M"27--- Telephone 473-623.4 Mailinq Address 1390 Railroad Avenue, Orono, MN PROPERTY Name Olai Hanson b (Golden) 473-9327 F1r�ce iCy t>prirn C1Zlde� Telephone 473-E+�34 OWNER dc�� Mailing Address 1390 RailrcadAvenue, Orono M b 1380 Railroad Ave. Orono, (Attach list if more than one) -------------------------------------------t�6F�Aw' PROPERTY LOCATION ;�.,tir,i'�L 'FF;C� i 1380 ►e n�rl Aic%n ue, Onno, Md hxl) Street Address _ 1390 Railroad ;,.venue, Orono ;14 `'' "" _.jv. "V 10-117-23-31-0006 )" t�V.VV Property Identification No. (P.I.D. ) 10-117- ?- (Fte> r 114416"k y0b 416-M50 LOCI ,tv T1 `:D1 Complete Legal Descripcion to be attached to application 11 ------------------------- EXISTING LAND USE Number of Tax Parcels 2 Development Size N/A Acres I -let La^= Arwc zutal, all parcels Present Use (check) X Residential; no. of units 2 Other (specify) Present Zoning District LR-lA Sinale Family Lakeshore -------------------------------------------------------------------------- [ PROPOSAL _ Division for Tax Purposes x _ Lot Line Rearrangement Only (no new building sites) ' Subdivision for New Building Sites Number of Building Sites: 2 Existing Units p New Units - - 2 Total Units Proposed Gruss Density Units per Acres Minimum Lot Size: Square Feet Dry Buildable Land Proposed Use: (check) x Residential ' Other (specify) --------------------------------------------------------------------------- (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. .,xpplication Completed 2. Freliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (110) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FI14AL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. .0• novelopers Agreement and acceptable form cf security. Certific«:cn -., -cn;,S Depart -en= thhat F'.nml Plat Application is complet Zoning Officials Sign....-e Cate -------------------------------------------- ------------------------------ FEES Sketch Plan Review (Class �. :I 6 III) $150.00 Preliminary Review (Class ZI Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non-residential) 20.00/lot _T Final Plat Review (Class III: $150.00• "(Plus any legal or ei.ginee.--in.; charges) ----------------------------------------- ---------------------------------- Applicant has read the above and hereby agrc-:,--'---;provide all information required or requested by the Zoning Administrator, C-' "'ngineer, City Attorney, Planning Commission and Council necessary to proce4•w :�:.s application and further agrees to pay all additional fees established :c::inance. — — — — — — — — — — — — — — — — — — /�— — --0 4- _�--— --ter r C . <,� _f7,; '+1 ,..y a,`. `a� -. / � - J---- 7Cif Applicant's Signature Owner's Signature; - bate -/e°f` '1 7 Applicant must havi - �submitta�s • t •a:�-� �` t o ices' 25 days before �e Planning Commission Meeting. Planning Ccr.- Y-fiion Meetings are usually held on the third Monday of each month. i �p f� ^ A AV it Z b f 3 !ail cr RY�STA_L - - �`: m MTKA. Q REGO _ ,4ti1 '; g r �f - M Fie '°qA • !� Q 1 SCE► s �b 4o �914D r 5 51 I . 7� ZCRYS-TA x� �s See ' 1 v s11 4R, J P O$ ECz Mr •' 1,15 n 9 I sao , .jl'`, Z C �, "uR Y 3- 01 i •y 'j ��;Y4-ro IL �:_ •`. f e / .yr SEE OEt4fL Q O bit l Q •;r' • •may' I �,!lS93I"W •, � v .,� I ..'. RUN DATE 10/09/87 i- BATCH 000 38 10-117-23 11 0002 *+ PROP ADCR 0 LNEQ NAME BURLINGTON NORTHERN rY TAXPAYER DAKOTA RAIL 'HC NAME/ADDR WASHINGTON .VE A ADAMS ST �i► HUTCHT.5O14 MH SS350 t 38 10-117-23 31 0003 PROP ADOR 02060 NORTH ''JIOPE OR OWNER !TAME LYLE G GODFREY ETAL TAXPAYER LYLE 6 GODFREY NAME/AOOR 2060 NO SHORE DRIVE WAYZATA MN 55391 38 10-117-23 31 0006 PROP AD 1 01380 RAILROAD AVE 01"INc-R 1 J1E F J GOLDEN ETAL TAXPAYER F J GOLDEN t.AV /ADD7 1380 RAILROAD AVE CRYSTAL BAY MH 55323 38 10-117-23 31 0048 -POP ADOR 01375 BRC"4 RD S r' ".ER NAME KURTIS P RAKOS TAXPAYER KUPTIS P RAKOS NAME/ADCR 1380 ARCOR ST ORONO R41 55391 38 10-117-23 31 0081 PPOP ABDO O''NZR VALE STATE LAND DEPT TAXPAYER TERRY D L CHRISTINE M MORSE NAME ADOR 2080 SPATES AVE WAYZATA MH 55391 38 10-117-23 31 0095 PPOP ADOR 02080 SPATES AVE O ;ER NAME T A C MORSE TAXPAYER TERRY D MORSE t4ME/ADDA 2C30 SPATES AVE ORONO MH 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNF_RS LIST PAGE 6 39 10-117-23 31 0001 38 10-117-23 3I 0002 02010 SHORELINE DR 0204G NORTH SHORE DR GEORGE F ROVEGNO JR A WIFE JOHN T SPENCE GEORGE F ROVEGNO JOHN T SPENCE 2010 SHORELINE DRIVE 2040 NO SHORE DR WAYZATA M 55391 WAYZATA MN 55391 38 10-117-23 31 0004 38 10-117-23 31 0005 02080 NORTH SHORE OR 01390 R..ILROAO AVE CAROL A LA QUEY OLAI HARiSOH ETAL CAROL A LA QUEY OLAI HA14SON 2080 NORTH SHORE OR BOX 129 WAYZATA MN SS391 CRYSTAL BAY MN 55323 38 10-117-23 31 0007 38 10-117-23 31 0008 ; -A 01360 RAILROAD AVE 02055 SPATES AVE �� T J PATTRIN A S A PATTRIN MARIETTA H ANOER!.JN TIMOTHY A SHERRI A PATTRIN MARTETTA H AVDERSO1 1360 RAILROAD AVE 2055 SPATES AVE ORONO MH 55323 WAYZATA MN 55391 _ 38 10-117-'3 31 0049 01380 ARBOR ST DOUGLAS BE MALIGNON DOUGLAS DE MALIGNON BOX 97 LONG LAKE IN 55356 38 10-117-23 :;1 0089 01990 SPATES AVE 0 CREAR A M B CREAR MICHAEL A THERESA SAYLER 1990 SPATES AVE WAYZATA MN 55391 38 10-117-23 31 00 % 02060 SPATES AVE HARRIET SPATES TOUPANGEAU HARRIET SPATES TORANGEAU 2060 SPATES AVE WAYZATA MI 55391 38 10-117-23 31 0050 01395 6RO:21 RD S C E CAMPION A ASSOC INC PHILIP KALEY 1395 ERO1di ROAD SO WAYZATA MN SS391 38 10-117-23 31 0090 02040 SPATES AVE RICHARD V STINSON A WIFE RICHARD V STINSON 2040 SPATES AVE WAYZATA MN 55391 38 10-117-23 33 0002 02265 NORTH SHORE OR KIHGSLV* H MURPHY JR KIN'GSLEY H MURPHY JR 2245 NORTH SHORE OR WAYZATA MR 55391 - " --it 10/09/87 BATCH 004 38 10-117-23 34 OQOl PROP ADDR 01425 BAY RIDGE RD 0:.^IER NAME VERNON E MCCOY TAXPAYER VERNON E MC COY NAME/AOOR 1425 BAY RIDGE PT S �* WAYZATA MH SS391 38 10-117-23 34 0011 CROP AOOR O NER NAME VEMM E MCCOY TAXPAYER HENNEPIN CO HNY LIFT NAME/AODR f r HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 10-I17-23 34 0002 01425 BAY RIDGE RD VERNON E MCCOY VERNON E MC COY 1425 BAY RIDGE RT 5 WAYZATA MN 55391 TOTAL BATCH 004 00022 REPORT NO. PI435401 PAGE 7 38 10-117-23 34 0003 01449 BAY RIDGE RD J M EESLEY i C EESLEY JAMES M A CAROL EESLEY 1449 BAYRIDGE RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RF,r)ROS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE '..EST OF MY KNOWLEDGE AND BELIEF. 7 DATE BY 14XUUfRS OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 ATTBNDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Co cilmembers Peterson, Sime, Goetten, and Callahan. The following represented the City staff: City Administrator Bernhardson, Public works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City ikttorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda subject to removal of the following itei.s: 09 - 1988 Cable TV Commission Budget 014- Jeff Essen, 2648 Casco Point Road - Berm Motion, Ayes 5, Nays 0. o• APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Minutes of the August 24, 1987 Council meeting as submitted. Motion, Ayes 5, Nay ^ 0. P_,43MING CON ISSION COMMENTS Planning Commissioner Johnsen had no comments at this time. PU.3LIC COMBUMITS There were no comments from the public. l,ON.(rG ADMINISTRATOR'S REPORT: q=05 DOLAI HANSON RAILROAD AVENUE VARTi JICE R680L0?ION i2252 City Administrator Bernhardson explained the request for a side yard setback variance -�o construct a 2 car garage within 10' of the lot line. Applicant and affected neighbor, Mrs. Golden, have agreed upon a final lot line location and excanged deeds for the strips of property in question. The proposed garage would be 4.6' to 6.4' from the newly established lot line. Mrs. Golden has concerns with the proposed garage obstructing sunlight from her garden. Present for this matter were applicant's Attorney, Debra Page; and son-in-law, Henry Reiss Attorney Debra Page submitted photos of Mrs. Golden's garden in relation to the Hanson property. 1 OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 ON CONTINUED On behalf of Mrs. Golden, Attorney Dan Bergeron asked that the variance be denied due to affecting the value of the Golden property. He stated that the Hanson's have only one car/one driver, therefore, no hardship for a double garage. A single garage would not require a variance. Based on information from a reputable contractor, he noted that the garage could be placed elsewhere on the property for an additional $1, 200 to remove the drainfield and/or correct the soils. Henry Reiss stated that the proposed double garage would be used for car and boat storage. It was moved by Councilmember Gotten, seconded by Mayor Grabek, to adopt Resolution #2252 granting a variance to permit the construction of a detached double garage located 4.6 feet from the side lot line subject to completion of the subdivision of a lot line rearrangement. Motion, Ayes 5, Nays 0. #1172 CHRISTINE BECK 3620 CHERRY AVENUE VARIANCE RESOLUTION ! 2 2 5 3 Christine Beck and her son, James Beck, were present for this matter. City Administrator Bernhardson explained the request for variances to permit the construction of a deck to re placed 27 feet from the shoreline in exchange for removal of a lakeshore cabin resulting in a total hardcover reduction of 55.1 s.f. or .5% within the 0-75' area. Staff suggests that the deck stairs may be constructed off to the side to avoid further lakeshore encroachment. Councilmember Goetten felt that removal of the cabin was a great concession on the applicant's part in return for this variance. James Beck stated that putting the stairs off to the side would involve more steps which would be inconvenient for his elderly mother. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt Resolution #2253 granting the variance as proposed. Motion, Ayes 5, Nays 0. 2 a City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2252 --- A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 (F) FILk i1056 WHEREAS, Olai Hanson (hereinafter "the applicant") is the owner of the property located at 1390 Railroad Avenue within the City of Orono 'hereinafter "City") and legally described as follows: Exhibit A attached (Hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to M.nicipal Zoning Code Section 10.03, Subdivision 15 (F) to permit the construction of a detached garage located 4.6 feet from the side lot line whsre a side yard setback of 10 feet is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Ornro, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1056. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 21, 1986, September 8, 1986 and August 17, 1987 and recommended approval of the proposed variance on a vote of 4 ayes and 2 nays based ui on the f inding that construction of the garage 4.6' f rom the side lot line will not to a significant degree infringe upon the amount of sunlight falling upon the neighboring property owned by Mrs. Golden. 4. The side setback encroachment of 5.4' is necessary to reduce the angle of vehicle entry into the garage due to the close proximity of the existing house. 5. Disturbed soils in the former septic system location are not suit, ble for construction of a garage and are located such that the garac-e could not be located to meet the required 10' side setback unless soil correction measures are undertaken. 6. Tr.e City Council har: considered this application including the findir:gs and recommendations of the Planning Commission, reports by City s aff, comments by the applicant and the effect of the proposed varian, e on thc� health, safety and welfare of the community. Page 1 of 4 City of ORONO ' RESOLUTION OF THE CITY COUNCIL I7 NO. 2252 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.03, Subdivision 15 (F) to permit the construction of a detached garage located 4.6 feet from the side lot line where a 10' side setback is normally required, subject to the following conditions: 1. The garage shall be located as shown on the attached Exhibit B, the northwesterly corner of the garage to be no less than 4.6' from the established lot line, and the northeasterly corner shall be no less than 6.4' from the lot line, as represented by the site plan provided by the applicant. 2. Applicants surveyor shall stake the established north lot line if the property so that the City Inspector can verify the garage setba(.ks prior to footing or garage slab construction. 3. A building permit shall not be issued for the garago. ;,-Itil such time that applicant and the affected neighboring property owner, Mrs. Golden, have completed the required subdivision of a lot line rearrangement to legally establish their agreed -upon lot line location. 4. Authorities gr.-.nted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 14, 1988). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 recordinq of this resolution in the chain of title of the property. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2252 Adopted by the Orono City Council on this 14th day of September, 1987. ATT;ST : y M.,-fallin, fiity Cler Property Owner(s) Jaml-R. Gf6157ek, Mayor Paq* 3 of 4 ti To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: January 4, 1988 Subject: #1235 City of Orono, 265 Orono Orchard Road - Conuit'onal Use Permit - Public Hearing Zoning District - RR-lB Pertinent Sections of Code - Section 10.03, Subdivision 9 A thru D - Accessory Buildings. t Section 10.03, Subdivision 12 - Required 10' setback from all structures. Section 10.20, Subdivision 3 (C) - Accessory structures shall be 50' from a 1 1 lot lines. Section 10.09 - Conditional Use Permits. List of Exhibits Exhibit A - Gerhardson's Memo Exhibit B - Photo of Structure Exhibit C - Plat Map Exhibit U - Notice of Public Hearing Exhibit E - Certification of Mailing Exhibit F - Property Owners List Exhibit G - Site Plan The application involves the moving of a garage/barn structure that was formally located on the site of the Knoll Manor plat and will be permanently located on the Orono Golf Course property. The structure is 864 s.f. in area satisfying the 1,000 s.f. area allowance for accessory structures in residential zones. It will be located well beyond the required 50' setback from all lot lines. The structure will be screened by topography and nature plantings from the surrounding adjacent residential lots. Review Exhibit G, the accessory structure will be located 130' from the club house, thereby satisfying the required 10' separation setback for all structures. The circled structure on the site will be removed at the time the replacement structure is installed. The City has received no negative comments from any of the surrounding neigh) -ors notified with this application. Planning Commission Recos ndation - To recommend approval of the conditional use permit for the City of Orono to permit the installation of an 864 s.f. accessory structure for equipment storage purposes at the Orono Golf Course. The attached resolution has peen drafted per Planning Commission recommendation. City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (C) FILE #1235 WHEREAS, the City of Orono, a municipal corporation (hereinafter "the applicant") is the owner of the property located at 265 Orono Orchard Road South within the City of Orono (hereinafter "City") and legally described as follows: Property Identification Number: 02-117 22 0007 That part of the North 1/2 of the Northwest 1/4 of Section 2, Township 117, Range 23 lying Westerly of Orono Orchard Road and lying South of a line beginning at a point on the center line of said road 157 feet Southeasterly from the center line of the main track of the Chicago Northwestern Railroad thence Southwesterly 647 feet parallel with said center line of the main track thence Southwesterly to the intersection of the Southeasterly right-of-way line of said railroad with the West line of said section '2 and there ending also that part of the South 1/2 of said Northwest 1/4 lying Westerly of Orono Orchard Road and lying North of a line beginning at a point on the West line of sa.i_d South 1/2 a distance of 400 feet South from the Northwest corner thereo` thence East parallel with the North line of said South 1/2 to a p( int 176 feet West from the East line of the Southwest 1/4 of the Northwest 1/4 of Section 2 thence Southeasterly to a point in said Fast line 520.7 feet South from the Northeast corner of said Southwest 1/4 of the Northwest 1/4 and there ending, all in Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied for a Conditional Use Permit to permit the installation of an accessory structure, 861 s.f., at the Orono Golf Course per Municipal Zoning Code Section 10.20, Subdivision 3 (C). NOW, THEREFORE, BE JT RESOLVED by the City Counc 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as 'Zoning File #1235. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. on December 2'. ► 1987, the Orono Planning Commission rev: awed the application as proposed and recommended approval based on the following findings: A) Structure is 864 s.f. in area ratifying the allowe 1 LOCO s.f. area allowance for accessory structures in resit-nt.ial zones. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. B) The structure will be screened by topography and natural plantings from the surrounding adjacent residential area. C) The accessory structure will be located approximately 130 feet from the club house, thereby satisfying the required 10 feet separation setback for all structures. D) The City has received no negative comments from any of the surrounding neighborE notified with this application. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and th- ffect of the proposed use on the health, safety and welfare of the community. 5. The City Council f inds that granting a Condi ':iona 1 Use Permit to allow the installation of an accessory structure at the municipal golf course property as proposed will not Le detrimental to the health, safety or general welfare of the public, would no adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of %•se of the property will be in keeping with the intent and objectives cf the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upo.i one or more of the above findings, the Orono City Council hereby 9.-3nts a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to permit the permanent installation of an 864 s.f. accessory structure at the Orono Golf Course, subject to the condition that the undersigned representative of the City has read, understood and hereby agrees to the terms of this resolution and on behalf of the City, its successors and assigns, and hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this l lth day of January, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Mark E. Bernhardson, City Administrator Page 2 of 3 TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Coordinator DATE: June 25, 1987 SOBJ: Proposed Garage - Orono Golf Course Recently the City approved the "Knoll Manor" subdivision. I have been advised that there is a 24' x 36' garage on the property that subdividers would like to dispose of and has offered the building to the City of Orono at no charge if the City would move the building off the property. Because we are short of equipment storage at the Orono Golf Course, I have researched the feasibility and costs for moving the building to the golf course. I have inspected the building and have determined that it is in excellent condition and is of the design that will blend in at the golf course. It is three times the size of the current garage/shop and wi 1 1 house `tie equipment that now must be left outside exposed to the eleme.cs and possible vandalism. I have checked with a building mover and have been informed that the building can be moved to the golf course for $2,900 if the City will provide police escorts. I have talked with a contractor and have been told that a floating concrete slab of this size would cost $2,000 - $2,500. There would also be clearing and preparation of the s t.e which c:nuld amount to $1,500. Other incidental costs for a.L•:ctrical wiring, moving the furnace and removal of the existing one stall garage could cost $2,000. I estimate the total costs to be $8,900. In 1987 we did budget $5,000 to add on to the existing on--! stall garage. TO: Mayor Grabek & Council Members IIiiJ FROM: Mark E. Bernhardson, City Administrator Forwarded :Dcommendinq approval with the $3,000 increase in budget ex- penditure will result in long term operational savings through reduced equipment maintenance and repair and upkeep to the existing structure. PROPOSED MOTION: Moved by _, seconded by _, that the Orono City Council approves expwiditure of $8,900 for moving of an existinq garage and related costs for utilization at the golf course. Ayes _, Nays _ � -,�r� :: ,. ..As 3� �s/P+ � If•. nan /1 LAOSn e-- spat► - -- - i r Sq Ft Rat! Vaici O Bsrr, t - - -- — ---- - ■ - @ _ A-r Cord ..�_-- - ------------- --- x - 2•.--i- c* Stone Trim __ - - -- -- -- - x - --- -- -- _ --- --- ---- _ _ _ — -- Porch —_ -- - -- x '--!a! xtrZi i---._—_— Extras. Gar age: JD F1reef -- -- _ _.__. Elevation 74 Pub Ut l -._ __. _- ©each - - --- -- x — --- — �— -- --- G Di O. S--- — S • Al Replacement ■ S _ _ _ _ Lass Depreciation Physical ■ S - - -- -- -- — - Functional t and Total _ _ Economic�i— Net Value IlTIAt- ❑ Vab;+. jI Impro♦efrientS- ,,, , rY Total Value Improvements Land Value T 1itimated Market Value :� - LONG LAKE-72 N 112 SEC. ��Q pl J •, fir} .. c 0410 yI AV wt 7.0 rdss _ � � w N� w at --� rt•1 •.w' GBO ^0 01 i.010 _� _ -_ _era. 14cI4: toilet23 24 , tr kawt TOR Krrr[hu COUMt�, • � CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, December 21, 1987, on the mat:.er of reviewing the following land use applications: 1. #1229 Richard E. Ranson of 3826 Cherry Avenue seeks hardcover and lakeshore setback variances to construct a three season porch addition. 2. #1230 Raymond & Susan Johnson of 2670 Pheasant Road seek a hardcover variance for a lakeside sun porch addition to their residence. 3. William & Mary Mernik of 2715 Pence Lane seek a conditional use and variance for proposed land alterations within 75 feet of the shoreline. 4. #1235 The City of Orono seeks a conditional use permit for a garage/storage building to be installed at the Orono Municipal Golf Course located at 265 Orono Orchard Road. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 P.M. Written comments are solicited. Plans are available for review in the City offices, by appointment. By: Planning Commission C 1 Jeanne A. Mabusl:h, Building & Zoning Administrator To be published the week of December 7, 1987. f/ CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1235, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 3rd day of December, 1987. � k J ie Bosma 11ruperty uwnuis witnin .5.)u' o, zu, uruno urctiarci Road. 02-117-23-24 0003 02-117-23-21 0033 02-117-23-21 0026 280 Orono Orchard Rd S. 120 Orono Orchard Rd. 110 Smith Ave. Victoria Raiche Louis Merchant Katherine Filkins 280 Orono Orchard Rd S. 120 Orono Orchard Rd. 110 Smith Ave. W-vzata, MN 55391 V.ayzata, MN 55391 Wayzata, MN 55391 02-117-23-23 0002 385 Orono Orchard Rd. Ruth Sn*4th 3400 City Center 33 6th St. S. Mpls., MN 55402 02-117-23-24 0002 320 Orono Orchard Rd. Benjamin J&ffray 320 O? :-no Orchard Rd. Wayzata, MN 55391 02-117-23-24 0006 360 Orono Orchard Rd. Steele Osborn 360 Orono Orchard Rd. Wayzata, MN 55391 02-117-23-21 00009 190 Orono Orchard Rd. Jane McClaren 190 Orono Orchard Rd. Wayzata, MN 55391 02-117-23 21 0010 180 Orono Orchard Rd. Joseph Rokke 180 Orono Orchard Rd. Wayzata, MN 55391 02-117-23-24 0001 1315 Woodhill Ave. David Lindstrom 1315 Woodhill Ave. Wayzata, MV 55391 02-117-23-24 0007 1255 Woodhill Ave. John S. Pi.11bury Jr. 1300 TCF Tower Mpls., MN 55402 02-117-23-21 0022 110 Orono Orchard Rd. Steve Curran 110 Orono Orchard Rd. Wayzata, MN 55391 02-117-23-21 0032 100 Orono Orchard Rd. Margaret Schopf 100 Orono Orchard Rd. Wayzata, MN 55391 02-117-23-21 0004 80 Smith Ave. Frank -Joigt 80 Smith Ave. Wayzata, MN 55391 02-117-23-21 0003 60 Smith Ave. Edward Glampe 60 Smith Ave. Wayzata, MN 55391 02-117-23-21 0023 02-117-23 21 0002 60 Orono Orchard Rd. 40 Smith Ave. Claudia Myers -Whiteley Gary Peterson 60 Orono Orchard Rd. 40 Smith Ave. Wayzata, MN 55391 Wayzata, MN 55391 02-117-23-22 0008 02-117-23 23 0001 45 Smith Ave. 1580 Fox St. S. Gilbert & Elaine Thompson Whitney MacMillan 45 Snith Ave. 1580 Fox St. S. Wayzata, MN 55391 Wayzata, MN 55391 02-117-23 21 OOli 03-117-23 14 0002 125 Smith Ave. 1640 Fox St. fames & Linda GaEch Susan Velie Norton 125 Smith Ave. 1640 Fox St. Wayzata, MN 55391 Wayzata, MN 55391 02-117-23-21 0007 1230 Woodhill Ave. Michael & Darlene Blazek 1230 Woodhill Ave. Wayzata, MN 55391 02-117.23-21 0019/0018 170 Smith Ave. Jerome & Julie Carlson 170 Smil h Ave. Wayzata, MN 55391 02-117-23-21 0016 115 Smith Ave. Benny Dye 115 Smith Ave. Wayzata, MN 55391 02-117-23-21 0031 y� Smith Ave. James & Dianne Ahlberq 95 Smith Ave. Wayzata, MN 55391 02--117-23 21 0029 160 Smith Ave. Michael Bean 160 Smith Ave. Wayzata, MN 55391 02-117-23-21 0028 140 Smith Ave. Thomas Hunt 140 Smith Ave. Wayzata, MN 55391 34-118-23 44 0003 135 Orono Orchard Rd. Edmund Rydell 135 Orono Orchard Rd. Long Lake, MN 55356 02-117-23 22 0002 15 Orono Orchard Rd. Michael & Debra Robinson 15 Orono Orchard Rd. Wayzata, MN 55391 02-117-23 22 0003 Lonqridge Assoc. % D.E. Billie Dept 28 P.O. Box 9300 Mpls., MN 55440 35-118-23 33 0004 25 Orono Orchard N. John Gilmer 25 Orono Orchard N, Long Lake, MN 55356 35-118-23-33 0009 20 Orono Orchard Rd. Cheyenne Land Co. 742 Twelve Oaks Center 15500 Wayzata Blvd. Wayzata, MN 55391. 35-118-23-33 0010 30 Orono Orchard Rd. Stephen Neslund 30 Orono Orchard Rd. Wayzata, MN 55391 r — NORTH --PP- I 123087.3 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator�\``� DATE: December 30, 1987 SUBJECT: 1988 Resolution of Appointments Attachment A. 1987 Resolution of Appointments B. 1988 Proposed Resolution of Appointments ISSUE - 1. Adoption of a resolution for 1988 appointment and/or renewal various required items normally done the first business meeting of the year. INTRODUCTION - At the first business meeting of the year the City undertakes�to adopt a resolution of various appointments, some of which are pro forma in nature. DISCUSSION - For the most part the majority of the appointments on the resolution are pro forma, of those issues that are not are the following: Planning Commission - As a result of an ordinance change made subsequent to the appointments process it is recommended that the Planning Commission appointments which will now be made as of the first of April of every year, therefore it is requested that the appointments ending 12/31/87 be extended to 31 March 1988. Park Commission A ointments - All cuLtent Park Commissioners have expressed rnterest in continuation for 1988. If you desire staff would provide either lists of individuals who were not appointed last year to have those considered along with the incumbents or if Council desires advertise and take applications for both this and the Planning Commission. Should the Council desires advertising for the appointments coming up the first of April the Council can interview those during February or March. City Attorney - As this will be the last meeting we have Kathleen Blatz, the resolution indicates that Popham Haik is the overall Attorney with Kathleen Blatz as the lead Attorney through the 15th of the month and Tom Barrett for the balance of the year. Cable TV - For 1987 Tim Adams and Councilmember Sime served- _ as the City's two representatives with E Councilmember Goetten serving as alternate. Tim Adams has expressed his interest in continuning to serve if others are not interesed, however Bill Sime would prefer not to be Council representative and Councilmember Goetten prefers only being an alternate. Additional designations for 1988 include: West Hennepin Recycling Commission - John Gerhardson Insurance Agent of Record - Duweyn Carlson (has been for AMM Legislative Liaison - Mark Bernhardson 4 years) The MWCC Area C Advisory has been discontinued. A_L_T_E_R_NA_T_IVES_ - 1. Adopt as presented 2. Amend and adopt 3. Table part of all of the resolution for adoption at a future date RECOMMENDATION - It is recommended that the appointments be adopted as presented and staff not advertise for Planning Commission appointments for appointment 1 April 1988 as the two members whose appointments expire in March have only served 12 months and are interested in continued service. PROPOSED MOTION - Moved by , seconded by , that the Council adopt Resolution ;__ as its 1988 Resolution of Appointments. Ayes __, Nays __ W City Of 011oiNc) 1 RESOLUTION OF THE CITY COUNCIL NO. _ 2110 A RESOLUTION DESIGNATING SELECTED APPOINTMENTS FOR THE YEAR 1987 BE IT RESOLVED by the City Council of the City of Orono, Minnesota, that the appointments and designations for the year 1987 are as follows: APPOINTMENT/DESIGNAT_ION Planning Commission Councilmember Park Commission Chairman Representative to Lake Minnetonka Conservation District Representative to Association of Metropolitan Municipalities Lead Attorney City Attorney Firm Lead Engineer (711 City Engineering Firm Health Officer Auditor Fiscal Agents Official Newspaper Official Depositories 1987 Alternate JoEllen Hurr Mark Bernhardson Kathleen Blatz Popham, Haik, Schnobrich, Kaufman and Doty Glenn Cook Bonestroo, Rosene, Anderlik and Associates Mound Medical Clinic Pannell, Kerr, Forster EhlerE & Associates The Laker and Pioneer First National Banks of. The Lakes (Navarre) Wayzata Minnetonka Minneapolis St. Paul Wayzata Bank & Trust Company Merrill, Lynch, Pierce, Fenner and Smith, Tnr,, Marquette Bai.x, ieapolis American Nationai bank h Trust Company of St. Paul Midland National Bank of Minneapolis National City Bank of Minneapolis Norwest Bank Minneapolis Twin Cit. Federal Savings 6 Loan Offerman 6 Company, Inc. Bank of America, San Francisco, California Piper, Jaffray & Hopwood, Mplg. Dain Bosworth. Inc., Minneapolis Kidder Peabody e1 Co. Inc., Mpis. United Savings Assn., Houston, TX 4 , i ty (if OR,ONO t ; RESOLUTION OF THE CITY COUNCIL NO. `'110 i► tv;;I APPOINTMENT/DESIGNATION 1987 Official Depositories Continued Weed Inspector Assistant We-�H Inspector Transportation Committee Emergency Preparedness Director West Hennepin Human Services Planning Southwest Sanitary Sewer District Suburban. Health Nursing Service MWCC - Area C - Sewer Service Advisory Board Cable TV Committee (2 plus Alternate) Mayor's Association Suburban Rate Al,thority West Tonka Senior Citizens Greanwood Trust Co., Delaware First Mutual Savings Bank, Bellevue, Washington North Fork Bank & Trust Co, New Nat'l Bank of Washington, D.C. Goldome Savings Bank, Buffalo, Janes Grabek John R. Gerhardson John R. Gerhardson Me'-vin Kilbo Sue Morrison LaDean McWilliar.;, Marc McCabe (Alternate) Mark Bernhardson Mark Bernhardson Mark Bernhardson William Sime Tim Adams J. Diaun Goette❑ (Alternate) James Grabek John R. Gerhardson Mark Bernhardson (Alternate) James Grabek York N.Y. Adopted by the City Council of th^ City of Orono. Minnesota, at a regular meeting held January 12, 1987. i ATTtST: ry hy�M allin• City Cler Jame, 1% ;rabe4 ayor C 1688.4 CITY OF ORONOt City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DESIGNATING SELECTED APPOINTMENTS FOR THE YEAR 1988 BE IT RESOLVED by the City Council of the City of Orono, Minnesota, that the appointments and designations for the year 1988 are as follows: APPOINTMENT/DESIGNATION Planning Commission Councilmember Park Commission Chairman Representative to Lake Minnetonka Conservation District Representative to Assoc4ation of Metropolitan Municipalities Legislative Liaison AMM Lead Attorney City Attorney Firm Alternate Attorney beau Engineer City Engineering Firm Health Officer Auditor Fisc71 Agents Insurance Agent of Record Official New_,paper Official Depositories/ Investment Vendors 1988 Alternate Robert Kost JoEllen Hurr Mark Ser.nhardson Mark Bernhardson Kathleen Blatz (to 1/15/88) Tom Barrett (after 1/15/89) Popham, Haik, Schnobrich, Kaufman and Doty William Soth, Dorsey & Whitney Glenn Cook Bonestroo, Rosene, Anderlik And Associates Mound Medical Clinic Pannel, Kerr, Forster Ehlers & Associates Duweyn P. Carlson Appi,� Valley Insurance The Laker and Pioneer First National Banks of: The Lakes (Navarre) Wayzata Minneapolis St. Paul Wayzata Bank & Trust Company Merrill, Lynch, Pierce, Fenner and Smith, Inc. Marquette Bank, Minneapolis American National Bank & Trust Company of St. Paul First Minnesota FSB, Mound League of MN Cities - 4M Fund National City Bank of Minneapolis Norwest Bank Minneapolis Twin City Federal Savings & Loan Piper. Jaffray & Ilopwood, Mpls. Dain Bosworth, inc., Mpls. United Savi,u3s Assn., Ilouston, TX City of ORONO RESOLUTION OF THE CITY COUNCIL NO. APPOINTMENT/DESIGNATION official Deposit -Ties, ,continued Investment VeA or Weed Inspector Assistant Weed Inspector Transportation Committee Emergency Preparedness Director West Hennepin Human Services Planning Southwest .,anitary Sewer District Suburban Health Nursing Service Cable TV Committee (2 O'is Alternate) West Hennepin Recycling Commission Mayor's Association Suburban Rate Authority We-t Conka S-nior Citizens Mi►iiesotl Police Recruiting System 1988 Greenwood Trust Co., Delaware First Mutual Savings Hank, Bellevue, Washington North Fork Bank & Trust Co, New York Nat'l Bank of Wasiington, D.C. Gol-'.ome Savings Bark, Buffalo, N.Y. Di, "wings Bank, Garden City, Island, N.Y. Ilo. ederal Savings & Loan, San Diego, California Society Savings, Hartford, Conn. Exchange National Bank, Chicago, III Commerce Bank, Virginia Beach, VA M. H. Novick & Co. Inc., Mpls., MN & Orlando, Florida Bear, Stearns & Cu, New York, N.Y. James Grabek John Gerhardson John Gerhardson Melvin Kilbo Sue Morrison LaDean McWilliams Marc McCabe (Alternate) Mark Bernhardson Mark Bernhardson J. Diann Goetten Tim Adams William Sime (Alternate) John Gerhardson James Grabek John Gerhardson Mark Bernhardson (Alternate) James Grabek Melvin Kilbo Mark Bernhar'son (Alternate) Adopted by the City Council of the Ci!y of. Orono, Minnesota, at a regular meeting held January 11, 1988. ATTEST: James R. Grabek, Ma - `-----' Mayor 6o[otfiy-Ni—`€�affTn, C��ty • 123087.6 I� TO: Mayor and City Council FROM: Mark Bernhardson, City Administratoo i DATE: December 30, 1987 SUBJECT: Hazardous Building Proceedings Attachments: A. 1950 Shoreline Hazardous Building Proceeding - Resolution B. 325 Crestview Hazardous Building Proceeding - Resolution C. Lot 4, Block 5 Bergquist & Wicklunds Park Hazardous Building Proceeding - Resolution D. 1065 Linden Hazardous Building Proceeding - Resolu!inn E. 3440 Bayside Hazardous Building Proceeding - Resolution F. 3405 Li,ingston Hazardous Building Proceeding - Resolution ISSUE - Adoption of various hazardous buildings resolutions Initiating hazardous buildings proceedings against those addresses. INTRODUCTION_ - A slow down in zoning and building constrL:tic;. activity has allowed the City the opportunity to do further work regarding selected hazardous huildings the community. The following are the ones to be and rtaken. Address Owners_Name A. 1950 Shoreline ToberTan B. 325 Crestvi-aw William Type of Structure 2 Cabins ngle Family swelling & c,z, Age Problems) No Sewer Foundation Walls Missing - Deteriorated Condition C. Lot 4, Block 5 Dennis Meyer i:arage Foundation - Bergquist & Wicklunds Park Large Cracks D. 1065 Linden Prass Single Family Deteriorated Dwelling Condition Through Out 1. 3449 Bayside Hoium Single Family 2nd Floor Dwelling Removed Deteriorated Condition 1 Type of Address Owners Name Structure Proble!n(s) F. 3405 Livingston Richardson B i ngan,an Barnes Single Family Deteriorated Dwelling Condition DISCUSSION - As noted in the attached materials and resolutions the buildings have various problems that placed then in a position of being hazardous. Presently items A, B, D and E are occupier' and will require the current occupants to be moved by a specific date as outlined in the resolutions. It should be rememuered that these resolutions do not necessarily require that the building be torn down, but that the discrepan:ies be corrected in an expeditious manner or that the City will go to Court to either have the structure repairQd or removed. ALTERNATIVES - 1. Adopt any and all resolutions 2. Amend and adopt 3. :able any or all the resolution to a future meeting 4. Move not to commence action on any or all of the resolutions at this time as they do not meet the test for hazardous buildings RECOMMENDATION - It is recommended that ail the resolutions be undertaken to commence hazardous buildings proceedings. PROPOSED MOTION - Moved by seconded by , that the City Council adopt resolutions # _ through i0itiating hazardous buildings proceedings against the liste addressed together with the required securing of the buildings it, a reasonable period of time and for any occupied buildings to be vacated. Ayes __, Nays 2 3 CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota W23•Municipal Offires On the North Shore of Lake Minnetonka January 6, 1987 Gerald Toberman Shelard Tower, Suite 1460 Minneapolis, MN 55426 Re: 1950 Shoreline Drive - 2 Cabins - Hazardous Building Action Dear Mr. Toberman: On December 9, 1987, Mr. Gaffron sent you a letter with guidelines on what must be done to bring your property into compliance with the Code. As of January 6, 1988, staff has received no response to the letter, therefcre, I am writing this letter to inform you that a resolution for Hazardous Building Action will be reviewed before Council at their January 11, 1988 meeting. If this resolution is passed, the City will hold it until March 1988 per Mike Gaffron's letter. At that time if corrections are not made the matter will be referred to the City Attorney for processing. If you have any questions on the matter y i may speak with the City Council on January 11, 1988 at the mee•Lng or give me a call at my office. Sincerely, ✓ 4: Thomas J. Jacobs, Building Official TJJ/tln cc: Mark E. Bernhardson, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst Planning & Zoning Administ:atz)r Thomas Barrett, City Attorney RUILUING A 1014ING - 473 7357 • AUMINISIRA 110N h FINAN( 1 473 7JSE; ! P(BI-W w(3RKS - 473 7359 AS9fSSIN G City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 1950 SHORELINE DRIVE, ORONO CABIN 1 - SOUTH EDGE OF LOT WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Cerald Toberman of Shelard Tower, Minneapolis, MN is the fee owner of reco d of the property located at 1950 Shoreline Drive, Orono, Minnesota, herein referred to as "the property", and legally described as follows: P.I.D. 10-117-23 42 0012 Lots 22 and 23 and that kart of Lake Street lying between the extensions of the side lines of said lots and between the front line of said lots and Northwesterly line of the right-of-way of County Road No. 7 Lots 22 and 23, "Ora Park on Lake Minnetonka", Hennepin County, Minnesota, 'hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the follc•-ping findings: INTERIOR Basement 1. Foundation - Appears footing and foundation do not exist. UBC 2907(a). 2. Wall, - No access. 3. Ceilings - No access. First Floor EXTERIOR 4. Exterior walls - Log wall within 6" from earth, no protection from rotting. UBC 2516 C 7. 5. Doors - Landing at back door made with untreated wood, no protection from rot. UBC 2516(c)l. Page 1 of 4 v City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. Roof - Improper roof on low slopes. 7. Chimney - Iniproper flashing. Chimney is pulling away from building. UBC 3703. PLUMBING 8. Sewer - Hook to holding tanks which are no longer allowed. Sewer is available. State Plumbing Code 4715.0210 Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. Orders to remove or repair the structure were issued by the Building Official on January 6, 1988 and January 8, 1988. These orders have not been complied with. NOW, THHRBFOkg, BS IT RRSOLVED as follows: 1. That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within te-.i (10 ) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: INTERIOR Basement a) Foundation - provide information which verifies footing and foundation at proper depth. First Floor h) walls - provide access. c) Ceilings - provide access. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. EXTERIOR d) Exterior Walls - raise structure 6" above grade. e) Doors - remove and provide new landing constructed with treated lumber to prevent rotting. f ) Roof - g) Chimney - remove chimney. PLONBING h) Sewer - hook to sewer. 3. If the repairs are not completed, or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. 4. If an answer is filed that contests the hazardous b.uildi.-Ig action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. 5. If the Court's Judgment is not complied with in the time prescribed, the City may make the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, w::tness fees and filing fees, shall be a lien ay,3inst the real estate on which the hazardouG condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 4o3.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and othEr officers and employees of the City to take such action, prepare, :sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the City Council of the City of Orono, Minnesota, this llth day of January 1988. ATTEST: Dorothy M. Hallin, City Clerk APPROVED: James R. Grabek, Mayor Page 4 of 4 t City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -- A RESOLUTION ORDERING ABATENENT OF HAZARDOUS BUILDING ACTION AT 1950 SHORELINE DRIVE, ORONO CABIN 2 - WEST EDGE OF LOT WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and I WHEREAS, Gerald Toberman of Shelard Tower, Minneapolis, MN is the fee owner of record of the property located at 1950 Shoreline Drive, Orono, Minnesota, herein referred to as "the property", and legally described as follows: P.I.D. 10-117-23 42 0012 Lots 22 and 23 and that part of Lakel Street lying between the extensions of the side lines of s-_:id lots and between the front line of said lots and NorthwestErly line of the right-of-way of County Road No. 7 Lots 22 and ?3, "Ora Park on Lake Minnetonka", Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: INTERIOR Basement 1. foundation - Appears footing and foundaticn do not extend below fros-: line. UBC 29C7(a). First Floor 2. Walls - No access inside building. EXTERIOR 3. Exterior walls - North wall in contact with earth, no protection from rotting. UBC 2516(c)7. 4. Doors - Door on south side has no landing or stair. UBC 2516(c)l. 5. Chimney - Chimney is pulling away from structure. Flashing is bad. UBC 3703. 6. Accessory Buildings - Deck and front entry stairway rotting and deteriorating, improper lumber used. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. PLUMBING 7. Sewer - Hook to holding tanks which are no longer allowed. Sewer is available. State Plumbing Code 4715.0210 Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. Orders to remove or repair the structure were issued by the Building Official on January 6, 1988 and January 8, 1988. These orders have not been complied with. NOW, THHRF"RE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: INTERIOR Basement a) Foundation - raise structure and provide frost footings. First Floor b) Walls - provide access. EXTERIOR c) Exterior Walls - Raise structure 6" above grade. d) Doors - provide landing and stair at south exit. e) Chimney - Remove chimney. f) Accessory Buildings - remove and replace landing and stp�r with treated lumber, provide frost footings. Page 2 of 3 V City of ORONO RESOLUTION OF THE CITY COUNCIL NO. PLUMBING g) Sewer - hook to —er. 3. If the repairs are not completed, or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. 4. If an answer is filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. F, If the Court's Judgment it not complied with in the time prescribed, the City may make the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on which the hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.11 and 463.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this llth day of January 1988. ATTEST: Dorothy M. Hallin, City Clerk APPROVED: James R. Grabek, Mayor Page 3 of 3 I CITY of ORONO Post Office Box 66aCrystal Bay, Minn&iota 5M23•Municipal Offices On the North Shore of Lake Minnetonka January 4, 1988 Bill Sullivan 2725 Pillsbury Ave. S. Minneapolis, MN 55408 RE: 325 Crestview Avenue - Hazardous Building Action Dear Mr. Sullivan, I conducted an inspection at the above subject property upon complaints. I found that you are renting out the structure even though some major repairs are needed. '"-ese repairs are as follows: 1. Smoke Detector required in hallways outside bedrooms and one in basement at bottom of stairs. 2. Walls - Foundation in basement around furnace do not exist. This could slide down into furnace and create major structural and health/safety hazards. 3. Cei.ing in bedroom has water damage and is about to fall. 4. Water has puddled around ceiling light fixtures possibly creating a fire hazard. 5. Built in stove wiring has been tampered with, listing has been voided - and you have created a possible fire damage. 6. Kitchen floor finish has worn through and wood is starting to deteriorate. 7. Fireplace and chimney is not supported property in basement. 8. Fireplace mortar has deteriorate' from the joints in the fire box - damper does not work. 9. Exterior wall and siding is starting to deteriorate 6" minimum wood to earth has not been maintained and therefore causing wood to rot. w 11 I)1.'�f, A /UVJ%(, 413 11S7 ADVIMSTRATION A FINANCE - 4171 ' 158 • Ft eLI ' WORKS - 473-7359 AV.r%'IIN(' January 4, 1988 Page 2 10. Soffits are rotten and rodents z. entered the attic. 11. Evidence of rodents (mice and possibly rat) in kitchen. 12. Stairway to basement has improper headroom and no guard rail. 13. Drum traps are used in the plumbing waste piping - these are prohibited. 14. Gas shut off valves to water heater are broken. 15. Return air to furnace is taken from crawl space dirt area causing dust contamination of air throughout building. 16. Outlet covers missing - livingroom/bedroom. 17. Water softner is connected into an octopuL plug. These plugs are not approved for i.armanent wiring. 18. Wiring on well head exposed and not properly wired. 19. Roof leaks - improper flashing. 20. Caps missing from inspection pipes on septic tanks. 21. Accessory building garage is filled with debris and in a state of deterioration - roof and walls unprotected from weather - structurally unsafe. 22. Junk cars and debris stored in yard area. The above items are considered hazardous to the public's health, safety, and welfare. Therefore, on January 11, 1988, the City Council will act on the above subject matter at the City Council meeting and consider whether your dwelling unit and garage are hazardous. This meeting will be at 7:00 P.M. at the City Council Chamber. If you have any questions, please feel free to contact me. si,nverely# _ Thomas J. ^l�s- Bili ]ding Official cc: Tim DeGarmo .'325 Crestview Ave. -Long Lake, MN 55356 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 325 CRESTVIEW AVENUE, ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Bill Sullivan, 2725 Pillsberry Avenue South, Minneapolis, MN 35408 is the fee owner of record and Tim DeGarmo, 325 Crestview Avenue, Long Lake, MN 55356 has an interest in the property located at 32.5 Crestview Avenue, Orono, Minnesota, herein referred to as "the property", and legally described as follows: Property Identification Number: 05-117-23 14 0031 Lots 3, 4, and 5, Block 5, Bayside Audition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: INTERI.:R Basement 1. Footings and foundation - deteriorating and in some places dues not exist, not acceptable per UBC 2906 and 2907. 2. Smoke detector is missing, not acceptable per UBC 1210 (a). First Floor 3. Smoke detector missing in hallway outside bedroom, not acceptable per UBC 1210 (a). 4. Ceilings - bedroom ceiling falling in and there are water spot• around light fixture, not acceptable per UBC 4711. 5. Floors - kitchen floor is worn. "T crF.LLANEOUS 6. Chimney - no proper rted in basement, it is supported by wood which is not acc•--)t UBC 2516 (c) 11. 7. Doors - rear doer is weathered and in a state of deterioration. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. EXTERIOR WALLS 8. Walls - starting to deteriorate, plywc.od siding used is starting to rot on edges, not accep*able per UBC 2516 (g) and 1707 (a). 9. Windows - one window is broken in living room. 10. Roof - leaks and is weathered. Improper flashing around chimney Per nBC 1707 (h), 3202 (a), 3208. 11. Chimney - Damper not working, motar jo'nts not intact, not acceptable per UBC 3703 (a)(d). 12. Soffits - rotten in s:verai places. There is a hole where squirels have eaten thrn-ugh, not acceptable per UBC 1707 (c). 13. Accessory buildings: garage - door is missing. Storage of junk and debris in garage. Tne roof is rotten and the wall is rotten at the bottom, not acceptable per UBC 203. 14. General site - junk and debris in yard area. Junk car on site, not acceptable per Orono Municipal Code Section 9.50. 15. Stairway - improper headroom and no guardrail, not acceptable per UBC 3306(p) and 1711. PLUMBING REPORT 16. Sewer - caps missing from septic tanks. 17. Water (well pump) - electrical wiring exposed, not acceptable per NFPA. 70. 18. Gas piping - shut off valve broken and valves are not labeled, not acceptable per State Heating, Vent., Air Cond. Code 1345.2670. 19. Waste and vents - drum vents used which are prohibited per State Plumbing Code 4715.0960. 20. Water heater - shut off vaix -cken on gas, not acceptable per State HVAC Code 1345.2670. 21. Heating facilities - return air open to crawl space di _ t area. This is a safety hazard per Sta:_e HVAC Code 1345.0130. ELECTRICAL SERVICE 22. Laundry - water softner is provided with electrical power by plugging into an octopus which is a fire hazard per per UFC 85.107. 23. Furnace - loose wiring hanging out, not acceptable per NFPA 70 Art. 422-2. Page 2 of 5 City of ORONO • so: • q. 25. Kitchen - wiring (Whirlpool UL RKE 84CO). RESOLUTION OF THE CITY COUNCIL NO. ' 3c1 on stove. Only II er is operable Not acceptable per NFPA 70 Art. 422-22(d). 26. Living room - r_> tlet cGver missing, not acceptable per NFPP 70, Art. 422-2. 27. Bedrooms - outlet covers are missing. Bu? laing is in a state of deterioration and dilapid• {on, thus it is a safety and hea.t.h hazard pursuant to Minnesota Stag building Code/Uniform Building r. ie. Secr_4 r,n 203. Orders to remove o- re,- r ,.he structure were issued by the Building Offi.ciai on January A 1c..8 rend .Tanuary 8, 1988. These orders have not been complied with. NOW, THELM3r.!JRR, BE IT i.''.SOLvED as follow.,;: 1. That the City Council of the City of Orono, pursuant to Statf Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taker. within ten (10 • •s from the date of service of this order, it will result in the )perly securing the building and the cost thereof will be cf ainst the real esta° -� as provided in c ate Statute Section 46-. 2.. The City cil of tt: , City of Orono, pursuant to the foregoing findings and je(,o,.1ancc :ith Minnesota Statutes Section . 463.15 t„ 463.261 he -eh,;, orders th owner(s) of the property to make the Following rep i- order to correct the hazardous condition: INTERIOR as�ment a; Footings and on - raise house alL�� provide foundation and foDtings. b) all nee- sr )k� letector ir. approved location. First F1 ooz • Smoke detector in -pproved location. , ) c; r: <«. and replace in droom. reE.Aac:e f loor Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. f) Chimney remove and replace. g) Doors - replace back door. EXTERIOR MALLS n) Walls - remove and replace with approved siding. i) Windows - remove and replace broken window. j) Roof - replace roof and flashing. k) Chimney - remove and repl:.ce fireplace. 1) Soffits - remove and replace damaged areas. m) Accessory buildings: garage - remove and properly dispose of. n) General site - clean up yard and remove junk car. o) Stairway - provide proper headroom and install guardrail. PLUMBING REPORT Sewer - replace septic tank cap. c Water - pro•ide proper wiring to well. r) Gas piping •- label all gas lines and shut offs. s) Waste and ven4-s - replace all prohibited traps. t) Water heater replace b•.-ken gas valve. A Heating facilities - -)rovic clean makeup air to furnace. ELECTRICAL Ste: VICE v) Laundry - remove extension cor' and provide Permanent wiring. w) Furnace - pro% 7rver over exposed wiring. x) Kitchen - re; stove *op. y) Living room - replace out, et co,. or. Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL 1 NO. z) Bedrooms - replace ou�lct• covers. aa) Complete house - all electrical wiring must be inspected by master electrician - possible electrical hazard, per UFC 85104. 3. If the repairs are not completed within twenty (20) days, or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. 4. If an answer is filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. 5. If the Court's Judgment is not ccmp)i�ra with in the time prescribed, the City may make the ordered rc�%i;s, razz or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witness tees and filing fees, shall be a lien against the real estate on which the hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers Ps are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this llth day of January, 1988. ATTEST: APPROVED: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk Page 5 of 5 CITY of ORONO Post Officer Box 660Crystal Bay, Minnesota E6323• Municipal Offices On the North Shore o/ Lake Minnetonka January 5, 1988 Lennis Meyer 4680 North Shore Drive Mound, MN 55364 RE: Garage Structure - Lot 4, Block 5 Bergquist 6 Wi.-klunds Park - Hazardous Building Action Dear Mr. Meyer, on November 6, 1987, I conducted an inspection at the above subject prope-ty. During this inspection I found that the garage structure has been left in a hazardous condition. The foundation of the structure has le ie cracks in it which has left the structure in an unstable condition. I spoke with you on the matter and you said you would have a State Certified Engineer assess the structure. I have not received any certification that the structure is in a safe condition. Therefore, on January 11, 1988, this matter will be reviewed at the City Council meeting to initiate Hazardous Building Action. You may appear at that time to explain why you feel the structure should not be repaired or removed. If you have any questions on the matter, please feel free to contact me at my office. Sincerely (1 homas J. Jacb Building Official -JJ/pp 105.2 BUILDINGA ZONING - 473.7357 • AUMINISTRA110% A FINAM F 47313�x 0 PURLW WORKS 4737359 ASSESSING City of ORONO RESOLUTION OF THE CITY COUNCIL F. NO. .s A RESOLUTION ORDERING ABATEMENT OP HAZARDOUS BUILDING ACTION AT LOT 4, BLOCK 5, BERGQUIST i WICKLUNDS PARK GARAGE WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Dennis Meyer, 468L North Shore Drive, Mound, MN 55364 is the fee owner of record of property located at the above described location and legally de, 7ribed as follows: Lots 4, Block 5, Bergquist & Wicklunds Park, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a pub is nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Foundation - cracked on three sites and appears unsafe per UBC 2906. 2. Floors - support from soil wash out from underneath. Floor not designed for no support underneath per UBC 2613 (e). Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. Orders to remove or repair the structure were issued by the Building Official on 1/11,30 and 1/8/88. These orders have not been complied with. NOW, TMMEPORE, BE IT RESOLVED as follows: 1. That the City Ccuncil of the City of Orono; pursuant to State Statute 463.251, h=_reby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless correctivc- action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: Page 1 of 2 119 —, Wo.- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. a) Foundation - remove existing foundation and replace. b) Floors - remove floor and replace soil. 3. If the repairs are not completed, or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. 4. If an answer is filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. S. If the Court's Judgment is not complied with in the time prescribed, the City may make the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing it removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on which the hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. 6. That the City Council of the City of Orono hers*..-; authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this llth day of January 1988. ATTEST: Dorothy M. Hallin, City Clerk APPROVED: James R. Grabek, Mayor Page 2 of 2 CITY of ORONO Post Office Box 66aCrystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka December 24, 1987 David Prass 1774 Fremont Avenue South Minneapolis, MN 55403 Re: 1065 Linden Lane, Orono - hazardous Building Action Dear Mr. Prases I conducted an inspection of the above subject property on December 23, 1987. This inspection revealed that your structure has become a hazard for the following reasons: 1. Footing and foundations are cracked and continue to get worse. 2. Brick veneer on the structure is cracking and in some places have tipped over. 3. Fireplace chimney is cracking and roof is rotten all around. 4. Retaining walls are shifting, falling over and in a very dangerous condition. 5. Soffits are rotting off the building. 6. The out building - roof has caved in and wall is tipping over. Floor consists of wood which has rotted away. The structures on the property are in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code Section 203. I am writing this letter to inform you that repairs or removal of these structures will be required. This matter will be on the Pgenda of the Orono Council on Janui ry 11, 1988 at which time I will be requesting that the City Council art on a resolution declaring your structures hazardous buildings. At this meeting you may state your case as to why the structures should not be declared hazardous. BUILDING& Z N I*4G - 4737337 Is ADMINISTRATION A FINAM1 -- 473 71' R K PUBLICWORKS 473 ' 159 ASSESSING 1065 Linden Lane - Hazardous Building Action December 24, 1987 Page 2 of 2 If you have any questions, please feel free to contact me at my office. Sincerely, —a;molxq t� Thomas J. Jacobs, Building Official TJJ/tln cc: Mayor Grabek & Orono Council Members Mark E. Bernhardson, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator Tom Barrett, City Attorney Melvin Kilbo, Police Chief Lyle Oman, Field Inspector City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 1065 LINDEN LANE, ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, David M. Prass, 1774 Fremont Avenue South, Minneapolis, MN 55403 is the fee owner of record of property located at 1065 Linden Lane, Orono, Minnesota, and legally described as follows: Lot 7 including adjacent 1/2 of vacated lane, Linden Beach, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: INTERIOR Basement 1. Foundation - in very poor condition. Structural failures show in 1st floor foundation, cracked, not acceptable per UBC 2907 (a). First Floor 2. No access to interior of structure. 3. Floors - structural failu-e i- aini--y room area, shows on first floor, not acceptable per UBC 2907 Miscelianpous 4. Chimney - flashing is bad, rotten underneath and pulling away from structure, not acceptable per UBC 3703. EXTERIOR 5. walls - brick veneer is cracked and falling off building and wood is rotten behind the veneer, not acceptable per UBC 3006 (a). 6. Sills - are in a deteriorated condition, not acceptable per UBC 2516 (c). 7. Doors - veneer support is falling off of door on west end. Possible structural collapse, not acceptable per UBC 3006 (b). Page 1 of 4 City of ORONO R RESOLUTION OF THE CITY COUNCIL NO. e-o o 8. Windows - screens are rusting away from no maintenance. 9. Roof - in poor condition - based on edges, not acceptable per UBC 3202 (a). 10. Soffits - rotting away from no maintenance. 11. Accessory buildings: small shed i.s collapsing and rotten. It is also open to the public, not acceptable per UBC 203. 12. General site - retaining walls are structurally failing and there are no footings, not acceptable per UBC 2907 (a). PLUMBING 13. Gas piping - shut off at ureter because of leak. 14. Waste and vents - no access to interior. 15. Heating facilities - ther s none. No gas at this time as it is shut off at the meter. Building is in a state of deterioration and dilav-idation, thus it is a safety and health hazard pursuant to Minnesot, --fate Building Code/Uniform Building Code, Section 203. Orders to remove or repair the structure were issued by the Building Official on October 17, 1986, December 24, 1987 and January 8, 1988. These orders have not been complied with. NOW, THMUWORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orderf :he owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective act9on is taken within ten (10) days from the date of service of this order, it will result in the City properly securirj the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Crono, pursuant to the foregoing findings and 'An accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order -o correct the hazardous condition: Page 2 of 4 M City of ORONO RESOLUTION OF THE CITY COUNCIL NO. INTMOR Basement a) Foundation - provide heat to protect structure year round. Remove and repair all cracked walls and re.ise 1st floor to proper height. First Floor b) Access must be provided to interior of structure. c) Floors - repair after floor has been raised back up 2". Miscellaneous d) Chimney - remove chimney and fireplace. BXTIRRIOR e) Walls - remove all veneer and replace studs which are rotten. Then replace with siding or veneer. f) Sills - remove all bad sills and replace. g) Doors - remove brick veneer and replace all rottc.i wood. h) Windows - remove scree-s and replace with new. i) 4,►�of - remove and replace entire roof. j ) Soffits - remove a l l rotten soffits and replace. k) Accessory buildings: remove shed because it is structurally ,,;isafe. 1) Ceneral site - remove retaining walls and replace. PLUMBING m) Gas piping - n) waste and vents - o) Heating iacilities - Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. If the repairs are not completed, or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. 4. If an answer is filed that contests the hazardous building action, the matter shall be tried and decieed by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. 5. If the Court's Judgment is not complied with in the time prescribed, the City may maze the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witnese fees A�' filing fees, shall be a lien against the real estate on which t,1 hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to asses the cost thereof against the real estate ',.scribed above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesot., this llth day of January 1988. ATTEST: Dorothy? llin, City Cler;: I MOVED: James R. Grabek, Mayor Page 4 of 4 CITY of ORONO Posit Office lion s, yatal [lay. Minnesota 55323*Municipal Offices On the North Shore o! Lwk- %nnetonka January 5, 1988 Richard 6 Susan Hoium 3140 Bayside Road Long Lake, MN 55356 RE: 3440 Bayside Road - Hazardous Building Action Dear Mr. 6 Mrs. Hoium, I conducted an inspection at the above subject property which vevealed that the structure (single family dwelling) on the property has been left in a hazardous condition. On August 4, 1986, you applied and received a demoliticr, permit for the removal of ti-.e second f loor. At that time you were working on plans to reconstruct the building. I had heard nothing about correcting the problem until I posted the structure as dangerous. At this time I recieveci a call from you. During our conversation, you explained to me that you intended to remove the structure right away. I then received a call that you could not afford to complete the work. After reviewing the matter, the City has no alternative but t,n initiate hazardous builidng action to remove the structure. This matter will be review;d by the City Council at the January 11, 1988 Council meeting al.d acted on if they fePl it is appropriate. You may attend chis meeting to ex;:., -in your position at that time. If you have any question.-, the matter, please feel free to contact me at my office. Sin 1�erely, ic• ,,:tt 7 Thomas 3. c s Builaino official TJJ/pp 1 !l 11 DU11C A IONINC - 477 7137 • ADMNISMA110% & Wo VE 473-7338 • ►USI K' WORKS — 47Y lig ASSSSI%(; City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 3440 BAYSIDE ROAD, ORONO WHEREAS, the City of Orono is municipal corporat+on organized and existing under the laws of the :�tate of Minnesota; and WHEREAS, Richard 6 Susan Iioium of 34ti0 Bayside Road, are the fee owners of the property loca*,,i at 3440 Bayside Road, Orono, Minnesota, herein referred to as "tht pr -ty", and legally described as follows: Lot 20, Auditor's Subdivision Nc. 203, West 1 6 2 by distance and North 273 9 6 10 feet of East 1 6 2 by distance, Hennepin County, Minnesota, (hereinrfter "the property"); and ARREAS, the City Council of the :.y o: Orono, having dr'y considered the matter pursuant to Minnesota Statutes Sections 463.1., to 463.261, hereby finds that the above de:::::-ibea property is uninhabitable and contains unsanitary and hazardous conditioi.:. which constitute a public nuisance and which makes this property hazardous to t; public health, safety and welfare based on the c lowing findings: INTERIOR Basement 1. Foundation - No access. First Floor 2. Walls- No insulation, sheet rock J -iaged. 3. Ceilings - Sheet rocY falling fro Lei. EXTERIOR 4. Evterior Walls - Second f loot, completely remo red, no roof for protection of interior UBC 3202 %:. 5. Silis - Weathered and &t-riorating UBC 2516(a)- 6. Doors - Weathered and deterioration UBC 3202(a' 7. Roc f - Rs --vzd . 8. Accessor, wilding - Small structure in very po(jr condition ...:c 20:. Page 1 of 3 14, too City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ----- Miscellaneous 9. Exterior stair in poor condition UBC 3306(a). Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. Oraers to remove or repair th, ..ructure were issutd by the Building Official on January 5, 1988 anc nuary 8, 1988. These orders have not been complied with. NOW, TMIANTORE, eE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the bui Iding and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: I LITER I OR Basement a) Foundation - provide access for inspection. First Floor b) walls - remove and replace sheetrock. Install insulation. c) Ceilings - remove and replace. EXTERIOR d) Exterior walls - conetruct walls as needed for roof and protect siding with paint. e) Sills - replace sills. f) Doors - replace doors. Pageu I of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. g) Roof - replace roof. h) Accessory building - remove small shed. i) Miscel laneous-- exterior stair must be replacud. 3. If the repairs are not completed, or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. ►t 4. If an answer is filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. 5. If the Court's Judgment is not complied with ?n the time prescribed, the City may make the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminer_t domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on which the hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for col ,ection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this l lth day of Jan iary 1988. ATTEST: F—oro-t--hT-jM—.Hallin, City Clerk APPROVED: James R. Grabok, Mayor Page 3 of 3 CITY of ORONO Post Office [lox 66•Crystal Bay, Minnesota Yj323 0 Municipal OMIen On the North Shore o/ Lake Minnetonka January 5, 1988 Valerie Barnes 8120 Penn Avenue South Suite f540 Bloomington, MN 55431 RE: 3405 Livingston Avenue - Hazardous Building Action Dear Ms. Barnes, I conducted an inspection on December 22, 1987, which revealed that the structure at the above subject property has peen getting worse. Based on my inspection and information in the City file, I feel the City has no alternative but to send this information before the City Council to start Hazardous Building Action to correct the hazardous condition which exists. This matter will be held during the January 11, 1988 Council meeting at 7:00 P.M. Attached is a copy of my inspection of the structure and other information which supports the action being taken. If you have any questions on the matter, please feel free to contact me at my office. Sincerely, Thomas J. Jac Building Official TJJ/pp 101.4 •UILDtNGa 10NIN(; 47)-7357 • ADMINISTRATWNa FINANCE - 473-73S$ • Kj/LICwORU 473.7"9 A3fk ISING CITY of ORONO Post Office Box 66•Crystal Bay, Minnew a 55323sMunicipal Offices On the North Shore of Lake Minnetonka January 5, 1988 Sheryl L. Bingaman Dale R. Richardson 3405 Livingston Avenue Wayzata, MN 55391 RE: 3405 Livingston Avenue - Hazardous Building Action Dear Ms. Bingaman and Mr. Richardson, I conducted an inspection on December 22, 1987, which revealed that the structure at the above subject property has been getting worse. Based on my inspection and information in the City file, I feel the City has no alternative but to send this information before the City Council to start Hazardous Building Action to correct the hazardous condition which exists. This matter will be held during the January 11, 1988 Council meeting at 7:00 P.M. Attached is a copy of my inspection of the structure and other information which supports the action being taken. If you have any questions on the matter, please feel free to contact me at my office. ly, '^a gg Thomas J. Jac bs Building officia TJJ/pp 105.3 at 11 ["GA 70NING - 471.7I57 • ADMINIST tA7ION • FINAWF - 473-7158 0 R!tLIC w04t[3 - 471.7359 ASM SSI NC: City of OR ONO RESOLU1 ION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 3405 LIVINGSTON AVENUE, ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sheryl Bingaman 6 Dale R. Richardson of 3405 Livingston Avenue, Wayzata, MN 55391 are the fee owners of record and Valerie Barnes of 8120 Penn Avenue South, Suite 540, Bloomington, MN 55431 is the agent of property located at 3405 Livingston Avenue, Orono, Minnesota, herein referred to as "the property", and legally described as follows: Lots 1 and 2, Block 5, Navarre Heights, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: INTERIOR Basement 1. Foundation is cracking. This also includes secondary foundation which was installed because of failure of existing foundation from later&i pressures. 2. Walls - column in basement is undersized and inadequate for loading per UBC 2504 b. 3. 1eilings - open joist and undersized (see 1st floor ceilings). First Floor 4. Walls - water damaged. Improper support for beam in kitchen per UPC 2507 (g) 5. 5. Ceilings - sheet rock caving in from water damage. 6. Floors - joist size and spacing does not meet UBC Section 2517 (d). Floors slope excessively denoting poor support. Second Floor 7. Walls - some rooms do not meet minimum area requirements pursuant to ►-.1BC 1207 (b) . Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. gs - inadequate head room in all rooms - minimum requirement is 7-6" per UBC 1207 (a). Miscellaneous 9. Stairways - too narrow and too steep. Tread width is less than allowed in UBC 3306 (b)(c). 10. Sills - weathered. 11. Windows - frames and sills rotten on basement windows. 12. Roof - back (,f house (south side) tab type asphalt shingles used but not approved because of minimum slope requirement. Needs new roof because of damage. 13. Chimney - tipped over. It appears that joints were deteriorating. 14. Soffits - deteriorating and falling off. 15. Accessory buildings - wood deck is rotten and decking is not proper thickness or tested wood. 16. General site - appliance sitting on east side of building. 17. Miscellaneous - exterior stair has rotten treads. PLUMBING 18. Water piping - exposed and frozen. Water was shut off by City because of broken piping in wall, etc. 19. Gas piping - improper gas piping to furnace and water heater. Improper gas connection to kitchen stove per MN State Mechanical Code Section 1345.2460 and 1345.2470. 20. Waste and vents - S trap is provided on kitchen sink and not permitted per State Plumbing Code 4715.2420. 21. Water heater - improper jas connection. Flue is corroded. 22. Sinks - kitchen sink has a S trap which is unacceptable per State Plumbing Code 4715.2420. 23. Bathtub - faucets in tub are below the rim line of tub. 24. Heating facilities - furnace flue is corr-)ded and should be replaced per State Mechanical Code 1345.0450. Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ELRCTRICAL 25. Basement - wiring in poor condition per NFPA 70, Art 90. 26. Complete structure - all wiring is in poor condition per NFPA 70, Art. 90. Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. 1f Orders to remove or repair the structure were issued by the Building Official on January 5, 1988 and January 8, 1988. These orders have not been complied with. NOW, TWW"ORR, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: INTERIOR Basement a) Foundation - remove cracked foundation walls and replace per UBC 2906. b) Walls - provide proper support at column. c) Ceilings - provide proper size floor joists or double existing joists. First Floor d) Walls - remove sheet rock and replace on wa. 'emove beam and replace with proper size per 2517 (g) 5. (,) Ceilings - remove and replace per UBC 4711 (a). f; Floors - provide proper size floor joist. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Second _Floor g) Walls - remove interio- walls and make into storage area. h) Ceilings - remove interior walls and make into storage area. MISCELLANEOUS i) Stairways - remove and replace. EXTERIOR j) Sills - paint to preserve wood from rotting. k) Windows - replace basement windows and sills. 1) Roof - remove and replace with proper roof covering. m) Chimney - remove. n) Soffits - replace. o) Accessory building: (c) l.1. deck - remove and replace per UBC 2516 p) General site - appliance sitting on east side of building must be removed. q) Miscellaneous - rotten exterior stair must be removed and replaced. PLUMBING r) water piping - remove and replace all damaged water piping per State Plumbing Code 4715.1700. s) Gas piping - test all gas piping and remove and replace all improper connections. t) Waste and vents - remove and replace plumbing per State Pl-umbing Code. u) Water heater - remove and replace per UBC 1345.2460. v) Sinks - replace all damaged and non -complying units. w) Bathtub - remove tub and replace per State Plumbing Code 4715.2140. x) Heating facilities - provide orsat test on furnace for proper combustion. Remove and replace flue. Paqe 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ELBCTRICAL y) Complete structure - hire a master electrician to remove and replace all wiring. 3. If the repairs are not completed, or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. ` 4. If an answer is filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth i Minnesota Statutes Section 463.20. 5. If the Court's Judgment is not complied with in the time prescribed, the City may make the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on which the hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this llth day of January 1988. ATTEST: Dorothy M. Hallin, City Clerk APPROVED: James R. Grabek, Mayor Page 5 c,f 5 rL; January 11, 1988 Michael P. Gaffron Asst. Planning 6 Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Two Cabins located at 1950 Shoreline Drive Dear Mr. Gaffron, We received your letter dated December 9, 1987 concerning the connection of the buildings on our property to city sewer. We then proceeded to get the duplex unit (front b back) hooked up to the city sewer. We were undecided at this time whether or not to hook up the two cabins because of the cost involved. Upon receiving the council agenda and copies of tho resolutions to be considered at the January llth meeting, we noticed several other conditions or hazards concerning the cabins. Therefore, we have decided to do what is necessary to render them unin- habitable. We would ask that you consider the two parties that are now liv- ing in these cabins, as far as them finding another place to live and moving in the winter and finishing out the lease they signed when they moved into the cabins. We would ask that they be allowed to stay in the cabins until April 30, 1988. We would start on May 1, 1938 to make the cabins uninhabitable. Thank you for your consideration. Sincerely, oern L: rsen Property Manager Toberman Management Corp. Smith's Bay Yacht Club 1955 Shoreline Drkv Wayzata. MN 55391 612 471-2534 A Dfsttrww a New Danmsion To Siuling hwimirs 121787. , 4 TO: Mayor and City Council (1; FROM: Mark Bernhardson, City Administrator — DATE: DATE: December 17, 1987 SUBJECT: Private Access Over Public Right -of -Way Attachment A. Wendy Weihe Letter Dated 12/3/87 B. Orono Letter Dated 1/7/88 C. Baldur Park Road Memo Dated 5/13/86 D. Baldur Park Road Memo Dated 9/4/86 i:. Graphics of Selected Streets F. Map of Public/Private Streets ISSUE A. Provision of information to Council regarding selected community situations related to access and public streets. B. Determining City policy, regarding handling of these matters. INTRODUCTION A. Pubic Right_of Way - Parts Maintained Privately - As noted in the attached letters the situation on Baldur Pack has over the years caused problems for the property owners. The situation has been reviewed several times, including a development proposal review in the 1970's; a request that the City undertake rip - rapping to protect its sewer line in 1987 and this most recent request. The Baldur Park situation of private access on or near public right-of-way however, is not entirely unique. As noted on the maps it applies to the following locations: - Baldur Park Road - S 1/2 Sec. 8 - Oak Street - S 1/2 Sec. 6 - Lyman Avenue - N 1/2 Sec. 2 - Dakota Avenue - S 1/2 Sec. 26 - Woodhill Road - S 1/2 Sec 2 - Bracketts Point Road - S 1/2 Sec. 11 - Wildhurst Trail - Highview Lane - N 112 Sec. 7 B. Public streets - No Public_Right_of-Way - Tie reverse of the previous situatFon-is where the City maintzins the street but has no right-of-way or public easement. - Crystal Bay Road - Selected areas on Casro Point Circle and Road - Vine Place - Long take Boulevard - Elmwood - Grandview - Tonkaview 1 - Birch Lane - Ivy Place - Chippewa - Bayview C. Private to_Public - The City does have right-of-way under the more recently platted private streets for road and utility easements. In selected cases it has been indicated by the City at the time of subdivision that when it becomes a connecting street the City will take over the private street as a public one and maintain publically. These include: Countryside Drive Devon -Kelly Woodhaven Drive (together with riumprous ethers). The City did take over Dickey Lake Drive under a similar arrangement this past summer when they completed the required work based on a 1984 approval. D. Private - --No Association - In addition the City has private streets where no homeowners association exists or the entire roadway is not under the associations control as they were platted/developed in advance of current private road regulations. - Jamestown Road - Woodhill Road/Edgewood - "Pence Lane" - Hollander - Wolters Port E. Easements - The areas where private easements are serving more than two properties but which have no names or formal association. - 01,ydiard" Lane (the road off North Ferndale -where the City has no right-of-way. In this situation the City Council has directed staff to work on correcting it) "Pink Palace" easement off Shoreline serving 2050 to 2080 Shoreline - The "Homestead" off North Rrown - Extension off Fox to the west - Extension east off Spring Hill serving 745 to 765 Spring Hill - 2 Extensions off North Ferndale serving 625 to 763 North Ferndale - Extension off Fox between Willow and old Crystal Bay Bay serving 2620 to 2650 Fox Street This whole discussion does tie into the City's ongoing concern regarding its streets and transporation program (strategic goal 17). 2 DISCUSSION - The initial alternatives regarding Baldur Park Road are outlined in the letter sent to Ms. Weihe. It is expected that a voluntary association, given the tenor of the neighborhood, will not accomplish the desired objectives. It is possible that the City would not even receive a 100% petition. The City currently is reviewing its requirement to provide access to certain properties where it ha.; right-of-way. (This becomes a variation on the Slaughter case as to the mandate to provide "legal access" when a building permit has been issued.) ALTERNATIVE - Policy Alternatives_ - These ar^ outlined in the letter to Ms. Weihe, but in light of the of ituations other alternatives may come to light. ME'T_:_NG ACTION - 1. Acceptance of staff information and directing staff to discuss at a future date. 2. Establishment of City direction on the matter based on this information. 3. Table entire matter until future meeting. RECOMMENDATION - It i� recommended that the Council initially discuss their concerns related to this item and based on that staff will bring it back for discussion at the February 3, 1988 Council meeting. PROPOSED MOTION - Moved by seconded by that the Council having discussed the matter table the issue until its February 8, 1988 meeting at which time Council will give staff general direction in relationship tc, these issues. Ayes , Nays Y-� Y a hav-,L 'm\k J, Av- L o4l JO1A e\ ckt +V�k- C 'i-� pl C'rrr ocl-UU yer5.) neI�l\ o l► Cam,u�d (-eal i e.)< fly f �`� Y �� ; A� t `� re Q �e' Y� C. C-" cy-\ v^vl\, Ow\CL 54�kati'qvl I � O.ivr\ roach �- a�- �1^, r h c rn+-; S Gin �� s a privak, o r + ,'le u +-o i r A �rc nn \.va4e r- LAader - ka- co" c ut rJ r e- 00 or, � Win-- �• �� � ` � , -�' 1 i � � n.2- a i Lug 1 � I� gr 4 rou IN rnX u r d and. (A -�-�-- y uP 4 olrto�-4�t�� h o o� 11,(2-, o k ai-. 130(004Y +he- rood t ce -Fos- ry\e. a- ckr\/\ 1--iyw-d\ ro o C�, C� v1 �1 h , VIZ. � I V .L�,,� �' O C/I a �� -� �- O� oetc Kboy' � - ��. - t CkRa d0o P0�, ryrn f, I ; V-� �� ..�— haves � l�� e i w ► CX(r Irikk\ bocv's. 7�uk LuaN�i-o jex o 4P, 0- t'� bo ��o ck r r 1 use arid, vvit�c� Out, and 400 wJ C h► P +-� G .d � � -ty vl/\ u! �� � I c�t� Y�; r'S r��ccrc h � r o v� � +��►�f` i� �..� or o I l c'e_ V\Xfe Cxt nn y i f L►� c C�."�.� J �- my . a v01P �C m ,R .,—�00� J�JAJ_ I +o rnal� a roa� co mel out anc( 4ear au>a I-kk Llyu Se 5 c���� vtE'Gis On lard, �N(z � dI S51 harl e f on 1/1 IM a&c� a1- � C'-�j oO- �� K 0 UJ %k-p- eq se(ri6n+- 5;o 0 0- - 5e(-�r' m (\- c rm a-�.. C) .S how" 4,a,+ 5 )Vl 't" I' lrl.'� i .`� �' gal n G i 4'L o ✓1� y k�.A �0+ _*eckvc) Vce4f, J-k)<-�o4 I CA c. Oe c� domw -qo W\ , CAS a �� �,.�--� �' CJt' erh,J 5 i 0 — Z CA WL C4 S� nC�xx� �^� rS c� ��C4 r� p W n � (' i O� �ti l�Ow�e�� Oirc� a« J_ WUY\i— �ace.. .1- wo�� 1�k� -�-0 1�elP A-o x -�� V-o a Jr-1— p-�- Y"O act i 5 �ci � ,� v G-V,-, . 1N % � �1 `i�^� C CI-[or10) ne�c�hb�rs, 5 -3-�, my �p \, o-F Orono should cor,4rol �_l�r road �ya �s-i'� ot1 &Ono sho�kl.ol condemn �'hu- r� d) c� A.nj ro ad okrounok �nY so -Wi v.'r i� � ;, �p� � vo�-!L � cha2� wN�o own, land (O( �-) lei `mom r ha(_64 Wd I '14 -4.p r-e i�wQ'VI 00A ki.5 -,,\, e\+- Tuy ro �19+- r d uro -it"c'L Or-O j I " t rv1 f use r 1 , oar; we • .`�e -4, -r (c4c i � C'- oroyl O pa (�--J-0 r YY\Y CAI", � -�- �� dn d e m nm 1 proce" t,,W �re�.r� DY1 Old ri k-\ e \ on 1 40 �O(At c� onz, l j of 1(tc.� W o Lkj, dia ryd. �o meC� (D -�A/j ro ' c r\ on 7qp" <Www� roo'c' N��.(-vs l�e�� usl�ed r�rt.o� a�c� a.uuou, o T u'pkiArl Lqu A- �gj c V' '44qt, of Y c Cortd k+; ov\, ;+rk 6ac, Lo 4AAs4, f �,J- k/ Ckoc o (11 �14. C o l ore�l (�e5 s aY-vA 41,ia+ Z vk,av, A-- k ard --e d 1(\ ExcO,w\-O"jL- for 9 % I Y\ rci `w refs+ Ao WIN 11 CA rll/\ FY-0 n. � Gl . CERTIFICATE OF SURVEY FOR • WENDY L. :WEIHE 1 V 1� IN LOTS 20 and 21, BLOCK 1, "BALDUR PARK" HENNEP I N COUNTY, MI NN TA lei , J v J -) • . 7 / /i • \ \o SAS N�q i � n i 211 ,r / 20 ( 't re • � ry ?4 3 �F . m � rooc • .':� i e . ak •O1a10 I e . '1ruA, ,nil rnrrnrf PCDf eSE'ntAil0n of a •survey Li T o,yv� no-t- w-ne hun�,� or I� �tc��— ��am-t— ►n ,��'i�t'o�c O�hcl aClore � - �r�i- -1-0 1��a�se� o�ny�lor2. a � who bou�jh+ �-er���'�-c,t �akAj) d�a i Y\oOn r o ec�eme�- � �I�.a� lar� C�r\� �s e bu,'\ bl �d ae.. �'r� n�p+� l��d� 1l kca.+.�sse� f cal l � / `i�_� t^ nir� .S'�Uavt�p 1 u;n dl , / �. v�e.- �G r e la r-6,i,c' Ilk rn�d�ll cry �4� d �► i s Qa�; roc -1� (and au) o-kl �Unc�onS �v Thor I,h �. cure r\""\\\ -I�oy-n p0.-4fn b6(vrde�oy�� ) � joh�\ a -I- �l-Ina.. C� +�. � aovvo 4-o � �l vne..y�v� oR c9�tie��t- some ac�iov\ -�rorn-- . Javy-\ U-er� vU1�!(jw�l 40 Show YOU �lac� a'\� ,rI � ; �lcti an z 0 \Pu --n ,,� -�, ( - OV. UI P()SII I I( kI I WENDY L. WEIHE uc W-0o0.8;0-564I.Ab ,N 506.90.9331 1376 BAL DUR ROAD PM 471-7851 ORONO. MN 55391 DAIi 19 Suburban National Bank I:09 L00 E.094 32 5 ?'. Silo 75-517/910 IOTAI il•r l,ngM tilul InR A I111I 111V A I IS 11'-I NET DEPOSIT �aeuettArnur�Irt _-_,,,PMW'LRLV LNDIIRSiD North Central Trading Co. 110g5 Viking Drlw W@Ih@ Sulle 410 553� I Wendy Ede., P1.I.le. Minneso,e (612) 9e19692 (. ITY of ORO N( ) Post Offirr Box 6h*l'ryxla1 Bay, Minnesota F"W&Municipal Offires r On the North .Shore of Lake Minnetonka January 7, 1988 Wendy L. Weihe 1376 Baldur Park Road Wayzata. MN 55391 Subject: Baldur Park Road Dear Ms. Weihe, In response to the letter we had received from you on December 3, 1987, the City staff has done an initial review of the situation on Baldur Park. Baldur Park Road, with a portion of it public and a portion of it private, is one of six streets in the City where the City has a public road leading up to a private road over public right- of-way. As you may be aware the City does have a number of private streets that are exclusively maintained by private homeowners associations. The six cited above however, are ones where homeowners associations to maintain the loads have never been officially formed. In the Baldur Park case the situation has been exacerbated by the fact that the shoreline and road right- of-way have continued to be eroded away by the ice and water of Lake Minnetonka. As noted in Attachment A the City, at the request of another neighbor on Baldur Park, who happens to abut a public portion of the road, reviewed the situation in light of protection of the City's sewer system. At that point the action of the lake on the shoreline was not an immediate danger to the sewer. It was the City's inclination at that point that we monitor the situation and should the existing sewer line become jeopardized, the City would look at rip -rapping a minimal area to protect that sewer line. Additionally the City suggested that perhaps property owners in the area, if desiring control, may want the City to vacate the public street right-of-way underlying the private access and just have the City retain the utility easement. It is our understanding, based on yo letter, that the actual access used by the owner of the peninsula is not one that remains on the right-of-way, but trespasses upon your property. NI 11 u('v(.1 /nV%l. 371 T is • ADMIIISTRAT10% A F1%%*01 473 7358 • IR7l.K WORKS - 473-7359 AWSSIM. Wendy L. Weihe January 7, 1988 Page 2 Principal alternatives for action in this matter include: 1. Private_ Road Association - If the homeowners desire to get together they could form a private homeowners association to maintain the road and provide for adequate easements for all those persons located on the private portion of Baldur Park. Additionally, the homeowners association could request the City to vacate its public right-of-way underlying the existing road 2. Vacate ti,e Road Right -of -Way - The property owners could request the City to vacate the right-of-way that it has. The City would need to explore related access issues if such a request were made. 3. Limit i:ion of Access - One or some of the property owners may rhos o explore with their attorne, . their ability to restrict others from accessing their p,_perty over other private homeowners property where they do not have a legal right to use that property owners land for access. 4. Shoreline Restoration - The homeowners individually or as a group�couid rip -rap the shoreline as it presently exists to limit further encroachment of the lake on the right-of-way, independent of any City action. 5. Petition for a Public Street - The affected property owners could get together and submit a petition of at least 35% of the assessable property owners for construction of the balance of the public street. It would probably be staff's recommendation that the City only undertake the public street construction if 190% of the cost would be borne by affected property owners and that they would grant the City the appropriate right-of-way to build such a road to standards. Generally the cost of this would be more than if the homeowners were to do it alone. b. Condemnation/Assessmen� - The City without 100% petition may choose to condemn any add it iona 1 right-of-way it would need to construct a road and put in a public street, which would probably include surfacing, rip -rapping and other items. The City would most probably assess this to the ber.efitting properties. Because of the benefits tests of such an approach however, the City may not choose to undertake such an action. Interim actions apart from joining together to rectify the situation that are available to the private property owners fol lowing advise by their own attorneys could include: a.) Seeking to pursue trespassing violations on their property. Wendy L. Weihe January 7, 1988 Page 3 b.) Review with the police as to whether the situation iry olving at least one property owner constitutes harassment of that property owner. A ropy of your letter together with a copy of this letter will be presented to the City Council to initiate discussion on the matter generally as it relates to not only Baldur Park but also the other similarly sit, .ted streets. It is anticipated that apart from informational purposes this may result in a general directive by the Council regarding actions the City may take in relationship to all of these situations. It would be my recommendation at this time that the City only react in these situations when the City has received a 100% petition from the property owners for the improvements. Sincerely- ,1 Ma k E. (jerhardson City Administrator MEB/dh Enclosure .'i tts;ci•1: 'llsk !)0r1111 tsars, :'it;+ l+ .nl .[,.,tr nnTF: !say la, 1496 5U13J1:CT1 udlduL i'or k "'."a t , i •,;ta-he�i + r' U31Jur Park '?na 1. A it it n•�!'r• i Ir, t �tr�iiti'Nr . •�.r t• :.. A.; ' fines beyond are f:l'r vca by ;1 Pr l'J i`• °. 1 "� •.J'( 1+ ! Jl ir'.1Ct/ i:a t) 1 �• platted City ..r,J:iometlt. Thv s.ta.:t.Qn t;.#s x.:tetl Fat a nJr..treC of t years anti the privet" rJ�i ha:, t.r�rn re.i.t�in• l ,.rl.,tiIy in tCi_lr's right -of -Way- The puhl is 11311tcnanor: stir.- 3urt shots .f tills property. As rated in thC• 1'---tt"r "tic ;'iLC1 �.�' ri{+� t'rOdJ'1 3HJ1 and approximately 3 feet of t!ta of ahkc!t ir: +::.rrectly Ci:� i.18tte3 eight•of•vay has been eaten 3Way so th.,it now the :h%.ce'.tr.� .e a few points is right at the edge of the trav,111�d r;urface of t`,e private i driveway. In order to stabi ittt., the sita,,tion would re ;:ire :ip- rapping along the driveway wn-r-, sac eh�:r':line tta:. l,ce:. trc3ed ar•1 this would cost approximately T4,373.ac'. Tner•r are oc ,er platted undeveloped right-of-way that use for privat.• irivewJkys- The City has not varticipat^d in -o.t for m:tint,�nance in t'•,, 235t. The desired rip rap is •:s stantial 1 j eon^ for protection :;f the "t::;ling property from further encroacht;ent L•;ri J:.te ••c'=^as onto `:e; property. ISSU'_:S - The iSSUeS are as follows: 1. The respt,nciti lit" the City ray have, t3 dv 31y maintenance to rot3►n tho ,:hnrelino on nroperty that Is the City'c. Failure to raintain Jora `r,rce% a private Driveway further r.nto otht:c peop lc•z property'• • 2. the City hav^ a 1c2i1 obli,]•1Li,sn to rip -rag property in (-)rcl,rr to protect a private eosd. 1. t•Jh3t. if any is thr JpiJrnl,rt,tt• lave' 'It r""itributiciet •,y tic City for tit thiu rip -cap. ;f,G thr rite axt#'n1 it ,a'ili' t��.:.1 sn.i ,i n te riu nc r,. S- ti0C•.i t1,r• c tI ti• •'tl t,t t 1�'^!ft? LA 1Rl��Si• Olait pinjr.rt ;;, ,,1,� 1 h,t. S.. •1 t Itl•j `, t;•rty t�.rnrit. qr •;t:r,u l 1 I ! t t 1 ; r, , +, c 1'•N� trtn !t \:11 '• rl.r•nra►t�'urin� tr•'� Crone Vlllb,:J Z_,. Brcbin Ecal Cry.. 0 5" 3 At t.. rtIoll, 1.*x,. % ark Bari.1-arl-u . Subjects Baaciur F.Ark RoiLl Gontlencne Far 0"" 11-V" j7oj.v,rt:atIon of to,!,aY, nlu!,I: v.ith a v&-- .4 Gcr!.,--:L-on lazit wOU'k, tics Ja It for.-.ala Fdp-rapping Fart of Bald-ur Fark PoaL �,,.x.vcy chowink: uxre Oro:�L cwnz Enclozcd is a copy of LY t rc:.l &nI the ja6kese.zoree 4hare are two r.0;3LL tp-YGL wt—':h use tMu mad and caneil.lrC. ha:, to be dc,r- to! th, tho r,;%' ani I don't fee'. I chc-.;Id have to pay for it. I I:- 4LC a colt' of ar, eL,InzLt.z fro,� Nicc:M. �;ith trio wlni: a!,):.: wi*!, watc-r, 41,le read In benc.-.%ir.3 ahcli - I 6 years anj r,ave loot a gooz& tturue ft,.;t of ' - -rc 9 con:cj-.:entjy, the roal is novinC j.nj lo::(.r to our Cl: p,,ease let r e feel f rr-9 to Call r-o If YC, my it 71%ntnk you. V C r ; truly Y tac.�r re C • V-I-It r/ cr Arsth%ir 1. Ez-11ur fl.-;A 0 n 44-."y 8 ss sk 0111 to a V. -;�l t re G t"1 - -, 31 i,41• 1L.ig?,j. =U:3 tirt ot 28—cr-Pl Gac 'WO — - .% to WeIri- In- t%r tr.,- -w-f-wor 11r.7 as tht W%t, . V go 6. J., A brollor'.- pp, or V w0 iois therto !Ckl I WN! p! 6'r so, rs, italat'.-�Iet:rly Ifr.2 t-rCIIAN U In t— SCI of tije j0e41j,rj rif !.I& k.j!11!jn, - the"2r. It d-aS C•dt% Olt, t-..& to els ,#w ever top. At rur g"W'.4-ov, 6f thU o;.;*. 0►__•_.ar t'. to 0* 31004 111.1 (OL-)t tmbvr;3 or 0 -r tc at old i, ftbo *I k Sri t.n, v,rtr,b" 60-so.s3 J/LAj 6&1,Oj ling wltj is i0orltit 0 1ef 10 4 j 40# ipqusa. is tvr(In di G.IWO -7f 014fai-or i Tot t'ar}: tterntu.idsoa, Cit / 1 From John R. Cerhr,rdcon, hui.l it l+orYs C'c� r:!ir.�.ttr Date: August 4, 1986 i Subject: Baldur Park Road Sl4urellnt i:r,s. sa I ueted assist ;Atic e on June 23, 1986, Mrs. Ginny 1:cer:linq req a: from the City for rip rapping alang t1.e-:1•.orolir.c- of 1384 BAIdur Park RoaJ. Mrs. Keesiiry statcQ that +t:� sl.crcline !.as been or( aing drastically i:. the lost six year!• rind it is h��r fe:l;r•I that at i least three feet of shoreline h;,s eroded away - The area that has eroded i:. [-art cif the road right-c f -way that the Keenlir.gs and twc (,then residents use as a private road to their property. The City Lioc:s r ct :,aintain any part c•f the road right-of-way at Kec..linq's prcferty. However, it should be noted that there is a sanitary :-ewer rain line it. the roadway and that at one point the sanitary !.ewer line is within 13 feet of the shoreline. After review of this matter, it is staff 'ecc;rrJnendation not to participate in the funding of the rip rapping, however, if the Council feels some responsibility and wish" to Par"ci.pate, it is staff recorT�endatior to designate this as a public improvement projoct and assess the costs to the• bc-nefitting property owners. To: 1•'ary Butler i o,ono ccuncil members Fro"Mt Nark E. Bernhardson, City A'.7-11istratur Forwarded recommending approval. Moved Proposed Mrit i on : _. Seconded to accept staff recommendation not to particiFa'c in thi—?ur►ding of the E!p raf�pinq of this Fr(operty. Ayer. __. N.)Ys J I/ t. %01/V. too I .III 0 •1. d6V � N K A - N M E t M � 4 MOO NAM N!M rt M C M.;- _. r; N 112 SEC. 7, T. //7, R.23 Lit c 'v% 21 , •py wfl� • ti r w.�CM _ � _ Z � nii •. N •a', •1.. w � ` p'� � r' �I f4 ORONO - 38 II .ram a D coon sa� await �p ALBEE*Sl;, LONG t LAX[ ADD. -z-4— S112 (iD 0 &1. jo'\ Ikil.v - cutlyt -1 , SEC. 26m, T.118t R. 25 1� - � M DO It HILL � el X� =. 1.pvkci 41 n44 1 IM IN Goa O ... .. d w 2 31 �. 0" N 42 41 •• d _ (NdgTy ARwJ MINNE-TONKA -•,.r . (MAX OArj • - — of rG lw \ • ro;jr. 1 J « ' dIV lk Tr 1 NK � 16 -AL RJ L O 5 ,�. ,. •� ;43 n r o �c�nf ORONO — 3e N //2 SEC. 2, T. //7, R. 23 G� , : WAYZATA--" Iwo �c.441, dw a..�r r q .�•.... p) E• • Res .� • , .. 0. + 109e 'r - - iY�- _ __ — • - 1 -I _.__ -_ � —_.__ - - - ` 7 � � yr) , •�..: � - __ .--_ - *. 203 r 24 13 1 •M Il�t1 ! t�tF�l/ r, �"LA N •... - - 7� � '• ,was^ �iiNA \� � e NVE,gyp Lam MNWTRIMI VAVZAIA oaf �t�c, .`ems 15 dL 'Scale — ib.. ;,AT S Rc City of Orono, Minnesota 123187.2 / 5- TO: Mayor and City Council '. FROM: Mark Bernhardson, City Administrator`��� DATE: December 31, 1987 SUBJECT: Westonka Public School District Recreational Facilities Master Planning Attachment A. Westonka Memo Dated 9/18/87 Master Outdoor Site Plan B. Westonka Public Schools Memo Dated 11/30/87 C. Northwest Lions Club Letter - Proposed 'recreational Facility Dated 12/18/87 ISSUE - A. Providing information to the City Council regarding 4estonka District's planning process for its recreational facilities. B. Determination of City Council's interest in involvement in this process. INTRODUCTION - At a meeting held December 30, 1987, at which the City Managers and Administrators from the communities in the Westonka District were invited to attend, District staff laid out their initial thinking and process regarding their master planning for School facilities, specifically recreational facilities within the District's boundrys. Generally recreational facilities apart from school specific snorts in many parts of the Metropolitan area are City responsibilities. This is not only in the development but also the maintainence and programming together with the long range planning. The Lake Minnetonka area however, is somewhat unique in that the Cities around the Lake have minimal involvement in park development cnd maintenance and do not actively plan or program utilization of these facilities. Unlike most suburbs it is the School districts not the Cities around the lake that work with volunteer groups that are active in prov;ding the softball, hockey, soccer, ternis, baseball etc. The master planning process for Westonka District envisions taking a look at the needs rot only for the school but also for the Cities an,1 volunteer organizations who utilize these facilities. In addition they will determine what each City presently has, what the District has and what facilities are being planned for the future. It is the intent that the master plan would coordinate City, District and volunteer efforts to establish/improve, maintain and program recreational facilities for the long term. The principal reason for the long term coodination and needs assessment by the Westonka District has been; a.) the higher I level of usage by their facilities, b.) the increasing conflict between different sports and c.) lack of facilities for things, such as hockey (hockey players having to go to places like Hutchinson and Litchfield for ice times). In addition is a short term proposal, as outlined in Attachment C, that the District needs to evaluate. It is the feeling that the time lines for approval and construction during 1988 may be rather ambitious and that it should be brought through a master planning process. In addition there would be the necessary local government land use reviews which proposal may better fit into a 12 to 18 month time period. DIS_CUSSI.ON - The intent of the meeting was to determine the level of City interest in participation in this process and giving the option of three levels of involvement: A. Active member of the committee B. Coordinating member (attending meetings and staying abreast of developments) C. Corresponding member - An organization person receiving mailings without active attendance. (The initial indication given was Orono would be happy to provide information as to its programs and its parks and comprehensive plan as it relates to parks and also work to see if there are other beneficial arrangements to taxpayers in both the (rono and the Westonka Districts.) It was suggested that such planning would be much more valuable to the City of Orono if it were a joint plan to be d )ne by both Westonka and the Orono School Districts. Additionzlly it was recommended that wher a preliminary master plan was d(veloped by the committee that it: be sent to all communities invo:ved to get their reaction and that once the District formally ado[ted it, it again be sent to Cities for their acceptance and approval and that any development be subject to public hearing and ocal lend use regulation. ALTERNATIVES - Policy A. Agree to allow the participation at one o the following levels: A. Active committee member B. Coordinating member C. Corr <�spond i ng member B. Decline the offer to participate Action A. Acceptance of information B. Selection of level of involvement C. Decline involvement D. Table RECOMMENDATION - It is recommended th-it the Coli,ici 1 accept he information regarding the Westonka plan and that the City's level of participation be that of a corresponding member with John Gerhardson acting as liaison for the City as his familiarity with the City's recreational programing of both Westonka and Orono and his staff work with the Park Commission. It is additionally recommended that the Orono Council strongly recommend that any master planning be a joint effort of the Orono and Westonka Districts. PROPOSED MOTION - Moved by , seconded by that the City Council accept the information regarding Westonka's master plan and that it appoint John Gerhardson as the liaison to the committee and encourage the District to do a joint plan effort with the Orono District. Ayes Nays cc: John Gerhardson, Public Works Director Don Ulrick, Westonka Community Education Director Dick Putnam, WESTONKA PUBLIC SCHOOLS MEMO TO: Dr. James Smith I'rCEP(NO[NC( )4�MC FM: Gene Zulk, Victor Niska, and Don Ulrick DT: September 18, 1987 RE: MASTER OUTDOOR SITE ELAN FOR DISTRICT 1277 PROPERTIES We, the above, strongly feel that a comprehensive plan must be developed for the long range use and development of all outdoor school property sites. The recent discussions regarding a softball, baseball, and general activity complex on school property, has raised the importance of this issue. The continued growth of adult, youth, and the considered expansion that the aforementioned complex would generate mandates that a Master Plan be developed. Our facilities are regularly compared to the finest Metro area locations. WOOD Mr. Richacd Putnam, involved in both youth soccer and hockey, has volunteered his professional expertise towards the develcpment of a district wide plan. Mr. Putnam previously was employed by the City of Eden Prairie and worked closely with the school district to develop their joint recreational facilities. He currently is in private practice as a planner and developer as well as a development consultant. His experience and knowledge will assuredly help us now and in the future. A planning committee appears to be an appropriate vehicle to accomplish the task. Appointment or selection of persons, numbers of members, ratio of public and school staff, might well be defined by either the Chairman of the Board or Superintendent of schools. We sense that there are a number of active citizens interested in the overall development of a master plan. The expertise, knowledge, and experience of these taxpayers can be a valuable support for the final product. The groups involvement could also consider the financial burden of ongoing maintenance program posts. This fits into the mix of resolving our ability to 'iver field maintenance while experiencing budget cuts t, citizens for high quality facilities for their use.--_uding these active booster fans in the process gives them a sense of ownership and pride in our facilities. Master Outdoor Site Plan September 18, 1987 Page 2 The purpose of the Committee would be to review all properties, their present usages, and develop a plan to je recommended to Administration and ultimately to the Board of Education. Accompanying the plan might be the option of a funding plan to cover all or part of the costs of ongoing maintenance. Inherent in the plan would be the need for site preparation and the related costs. By resolution of the Board, the committee wc,lld �)e terminated at such time the plan is conceptually approved by the Board of Education. We are seeking your support of our request that the Board of Education affirm our need for a master plan. In summary, this memo does not suggest our objection or resistance to any development either currently being considered or one which might be ct,isidered in the future. Rather, we.are responding to our responsibility as administrators to be prepared to respond in an intelligent manner to all proposals. we would appreciate your imely reply, so the committee might begin its work before the snow covers the ground. GZ/VN/DU/lc cc: Gene Zu-k Victor Niska Don Ulrick Richard Putnam WESTONKA PUBLIC SC40OLS Mound, Minnesota 55364 MEMO TO: Gene Zulk FROM: James L. Smith, Superintendent RE: OUTDOOR FACILITY PLANNING COMMITTEE DATE: November 30, 1987 As per our a rlier ,iscussion I am asking that you chair the newly appointed Outdoor Faci-.ity Planning Committee. Committee members are: Victor Niska Don Ulrick Rod Pitsch Pat Chelberg Chick Ramien- Rlchard Putnam Hike Callahan I Rod Wilkins You are asked to convene this committee and perform the following ssigned function: T 0 ij Examine adequacy, location and needs regarding outdoor S� athletic and recreational faciiities of the school ]A U T ,C.I district. Develop a long-range master plarl for outdoor athletic and recreational facilities. Consider the Lions Club proposal for a softball facility r ir. view of the long-range facility needs and plans of the district. Make recomr.ndations to the Board of Education regarding all of the preceding. Thanks to you and members of the committee for their interest in the work of this committee. I look forward to hearing from you the results of your efforts. s L. Smith, Ph.D. Superintendent of Schools cc: Rod Pitsch yi1 ":a LIONS - December 18, 1987 Don Ulrick 3003 Bluffs Lane Mound, MN 55364 Subject: Joint Meeting for review of the Northwest Tonka Lions' Proposed Recreational Facility on January 4, 1988. Dear Don, I would like to this opportunity to congratulate you on your appointment, for it is an honor to represent the Mound-Westonka schools and community in evaltrating the school's sport facilities. I would also like to introduce myself to those of you who do not know me; I am Craig Wolfe a Mound graduate, a long time •.-esident of the Mound-Westonka school district, and a member of the Nort.west Tonka Lions Club. Approximately one year- ago the Lion's club appointed me to chair a committee made up of the following Lions members: Stan Drahos Stan Mierzejewski Skip Johnson John Wilsey John Eccles Ery Stevenson Harlan Drue Tom Sincheff We were given the objective to evaluate the recreational needs of our communities (Navarre, Spring Park, Mound, u d Minna;.rista) and report back to the club. After months of research and eval tion, the committee and the club have decid d to construct a recreational facility. The complex we have envisioned will eventually provide a great number of sport activities (ie: softball, baseball, tennis, volleyball, horseshoes, etc.) and provide a family atmosptEerp for those adults who have children, and/or grandchildren.' The compl f x will be dies i Kr.:..i r an outdoor park theme. To create this family atmosphere we air,'. .n•:iude picnic areas, children playgrout.is, and nature trails. As you should know there are some 48 adult ..cams in the Mound-Westonka area now, that are playing on Facilities, and as it has happoned in marry other communities '.'tat have provided this type of facility, we anticipate the existing suftbi.l.t leagues to expand greatly and many new leagues to be formed (ie: adult moderate leagL-s, over 30 or 40 or senior citizens leagues, and etc.). This will give our club the opportunity to provide a very needed and useful facility for a very large segment of our community-. The Lions have also recently decided to support a Westonka men's baseball team for the spring of 1988. In our search for property to construct this complex, it has been brought to our attention, by school board members, that the school district may have property available for this L.Airpose. It is our intentions to ask the school board to lease school property (located on the north side of Sunnyfield Road extending from the bus garage on the west end to the easterl-• boundry abutting the Babler's property) to the Lions Club for development and use. The Lions Club would then improve the high school baseball field to include lights and a new concession stand, contruct •1 softball fields with lights and a concession stand, develop a picnic area with playground, provide parking, and other misc. future developments at no cost to the school district_. The Lions would, in turn, lease *he use of the facilities to the•school for school activities such as boys high school baseball, girls softball, and nther school related athletic activities. The Lions Club would benefit, as would the school district, from establishing a leasing arrangement for the school property versus having to purchase private property. This would free up more dollars for immediate completion of the complex rather then having to tie-up money in the purchase of property. Either way the Lions Club has committed itself to the completion of this project and has already made some plans to begin construction this spring. Because of the spring construction time schedule and other considerations I would like to express the urgency ')f your cVmmitL0es' in%estigations, decisions and recummendat ions to the school board on our proposal. We presented our ideas and interests to the school board at a meet ng last summer and our plans now are to attend the January 25th school board meeting for round table discussions about our lease and development proposal, and also we will be requesting that our proposal be put on the Febuary 8th agenda for a vote. I extend an invitation to you and encourage you to attend a joint meeting for the purpose of discussing the above mentioned proposal with myself and the Lions Committee at the Mound Legion Club on January 4, 1988 at 8:00 pm. in the Fireside meeting room. We look forward to hearing from you and thank you for your considerations. Sincerely, � Craig?W. Wolf Lions Committee Chairman 472-1122, 471-9504 MEETING WITH CITY MANAGERS/ADMINISTRATORS Orono, Minnetrista, Mound, Spring Park December 29,1987. 7130 A.M. Country Kitchen Cafe, Spring Park SUBJECT: ISD #277 COMPREHENSIVE PLAN FOR OUTDOOR RECREATIONAL FACILITIES AND ITS RELATIONSHIP TO CITY FACIITIES, CURRENT AND FUTURE. Agenda: Introductions INVOLVEMENT: 1. Participation by city staff or others I. as an active committee member? 2. or. a corresponding member? II. Inventory of _ity facilities III. Level of cooperation for use of current facilities. 1. Open to whom? 2. User expansion plan? 1V. Current facility needs, adequate and/or meets your needs? V. F•-ture Needs, your citys determination VI. Future facility plans, a master plan and timetable,? V11. Willingness to cooperate financially? VIII. Other issues? 1X. Adjourn 123087.8 TO: Mayor and City Council k) FROM: Mark Bernhardson, City Administratow DATE: December 30, 1987 SUBJECT: 1988 Board of Review Date Attachment: A. 1988 Meeting Calander ISSUE Rescheduling the Board of Review date from the current date of March 22 to a date after April 1st. INTRODUCTION - When the Legislature moved the deadline for completion of Board of Reviews from 1 July to 1 June they neglected to move the start date from 1 April to 1 March ar, staff had t'iught, which prevents the City from scheduling its Board of Review before the 1st of April. Based on the fact that the City looked at the Tuesday or Wednesday of the third week in March it is recommended that the City look at the 19th or 20th of April as possible dates for that. ALTERNATIVES - The following can be done: 1. Selection of a different date for Board of Review. RECOM_MEN_DATION - It is recommended that the City establish Tuesday, April 19, 1988, at 7:OO P.M. as its rescheduled date for the 1988 Board of Review. PROPOSED MOTION - Moved by , seconded by , that the Council reschedule its 1988 Board of Review date to Tuesday, April 19, 1988, at 7:00 P.M. Ayes , Nays WN KEY 1988 ORONO CITY MEETING SCHEDULE n 7:00 P.M. Council Meeting 2nd & 4th Monday O 7:00 P.M Planning Commission 3rd Monday (May throLgh September 1st Monday as an alternate date) ,Q Park Commission 1st Tuesday X official Holiday - 1988 January 1988 February 1988 March 1988 April 1988 S M T W T F S S M T W T F S S M T 2 3 4 5 S M T W T 1 2 2 t f 3 4 5 6 3 4 8 7 8 9 7 1011 1213 6 7 . 9 10 11 12 3 4® 6 7 8 9 t0 12 13 14 15 16 14 17 18 19 20 13 4 15 16 17 18 19 10T] 12 13 14 15 16 17.® 20 21 22 23 21 24 25 26 27 20 22 23 24 25 26 24 )19 20 26 27.28 29 17 dB 21 22 3C 24 In 26 27 28 29 30 28 2 ZON 27 29 30 31 31 May 1983 S Ni T W T F S 4 5 6 7 8 11 12 13 14 15 1 18 19 20 21 22 25 26 27 28 29 31 Sca►00"-10.szo Juno 1983 S M T W T F S 1 2 3 4 _ 5 '® 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 20 29 30 July 198113 S M T W T F G 1 2 3 �6 7 G 9 1012 13 '14 15 16 1719 20 21 22 23 24926 27 28 29 30 31. AuouM 1988 S` M W T F S #�: 3 4 5 C 7 8 10 11 12 13 14 16 17 18 19 20 21 23 24 25 26 27 28 31 :'TPZ-T AtjtjT_PT� t %LW' - September 1988 October 1983 November 1958 December 199� S h4 T W 7 F S S tv1 T W T F S S M T W T F S S M T W 1 2 t 2 3 1 t230 3 4 5 /� 4 7 8 9 10 2 Q 5 G 7 8 6 t0 ?C 12 4 5 t� 7 8 9 1C 11 14 15 16 17 9 tt 12 13 14 15 13 17 18 19 11 13 14 15 16 17 18 18 W 20 21 22 23 24 21 22 23 24 16 18 t9 20 21 22 20 2�3� 26 25 27 28 29 30 31 25 27 28 29 30 23 2 25 2G 27 28 29 27 30 1cZ'IoaDt►Y ILIP.IG 123187.3 ! / TO: Mayor and City Council I� FROM: Mark Bernhardson, City Administrato,tll DATE: December 31, 1987 SUBJECT: Orono Police Services Contract Joint Advisory Committee Attachments: A. Orono Police Memo Dated 12/14/87 B. P-cerpt 1988 Police Services Contract ISSUE - Provide information to the Council regarding the upcoming Joint Advisory Committee on police services to be held at 7:00 P.M., Wednesday, January 13, 1988, at the Long Lake Council Chambers. INTRODUCTION - As a result of Long Lake's concern relating to the Police services and specifically costs Chief Kilbo proposed during the budget discussion this fall a meeting of the Joint Advisory Committee to be used as a forum to provide information to all three contract cities, as noted in Attachment A. The Joint Advisory Committee as outlined in the Police services contract, as noted in Attachment B, could generate discussion and solicite concerns of the communities as to current arrangements and ideas as to possible alternative arrangements. While the contract calls for the Joint Advisory Committee on a monthly basis, it has not been used for a number of years and has been replaced by the Chief of Police and the City Administrator meeting individually with each of the communities. These alternative meetings have provided a means for focusing more specifically on each community's concerns and has proved to be very beneficial. The discussions as to how the contract was developed and peoples perceptions of the arrangements are best done jointly with ._he three communities. RECOMMENDATION - It is recommended that should any Councilmemher be interested they are welcome to attend even though the agreement does not include Councilmemhers from Orono in the Joint Advisory Committee, Chief Kilbo and myself will he present. PROPOSED MOTION - Moved by , seconded by , that the Council accept the information regarding the upcoming Joint Advisory Committe- meeting on January 13, 1988. Ayes , Nays cc: Mel Kilbo, Police Chief 1 INTEROFFICE MEMO DATE: December 14, 1987 TO: Orono City Administrator Marc Bernhardson Lonq Lake Mayor Owen Smeby Spring Park Mayor Jerry Rockvam Minnetonka Beach Mavor Lois Johnson FROM: Melvin Kilbo, Chief of Police SUBJECT: Joint Advisory Committee meeting According to police service contract, r)3ge 3, line 18, item 5, Joint Advisory Congittee, each contracting city may appoint two volunteer members to a joint advisory committee and the name of such members shall be furnished to the City of Orono Administrator. The Committee shall meet to discuss and make recommendations, hear all evidence and arguments it deems relevant and shall make written recommendations for solutions of nroblams raised. I am calling a meeting of all cities for January 13, 1988 at the Long Lake Council Chambers, 1944 Park Avenue, Lona Lake, at 7 pm. Discussion will center around the existing aolice -service contract and uossible alternatives. Please feel free to bring all Council members if so so choose. and other matters relating to regulations and policies, shall remain in the control of the City of Orono. Any disputes between the parties to this agreement as to the extent of functions and duties to be rendered hereunder, or the level or manner of performance of such, service, shall be resolved by the City Administrator of the City of I Orono. If the City of Mtka. Beach disagrees with the resolution, thei City of Mtka. Beach may appeal within thirty days upon written notice of the resolution to the City of Orono asking for arbitration, as provided in paragraph 15. the City Administrator of the City of Orono shall submit to the City of Mtka. Beach a monthly report of services rendered to the City of Mtka. Beach as well as suggestions regarding any changes that may be helpful. ! 3. These reports will consist of copies of Bureau of Criminal 4. Apprehension Criminal Justice Information summaries for law S. enforcement services rendered within the City of Mtka. Beach These 6. deports shall be sent within seven (7) days of receipt by the City of 7. Orono. 8. S. Joint Advisory Committee. Each contracting city may appcint two 9. volunteer members to a joint advisory committee and the name of such 0. appointees shall be furnished to the City of Orono Administration. 1. These members shall be voting residents of each community. The 2. Joint Advisory Committee shall meet the third Wednesday of each month, 3. to discuss and make recommendations, hear all evidence and arguments 4. it deems relevant and shall make written recommendations for solutions' 5. of the problems raised to the City Administrator of the City of Orono 6. and the City Councils of the Contracting Cities. Any recommendations, 7. made by the Committee shall be advisory only. S. 6. Officers, Employees of the City of Orono. Officers assigned to 9 duty in the City of Mtka. Beach shall be police officers of the City, 0. of Orono which City shall assume all obligations with regard tol 11. workers compensation, PERA, witholding tax, insurance, etc. to such! 2• officers. The City of Mtka. Beachshall not be required to furnish; ,3. any of the foregoing fringe benefits or assume any other liability ofl 14• employment to any officer assigned to duty within the City off is. Mfka- Reach unless the City of Mtka. Beach employs officers 6. directly, independent of this agreement, to provide special law 0. enforcement services in the City of r;tkc�. Beach_• In such event, all ►8• obligations and liabilities with respect to employment of special law t9. enforcement officers shall be the complete responsibility of the City' 10. of Mtka• Beach, No such direct employment shall be entered into thel 11. City of Mtkci. Beacj without first obtaining written approval of the! 12. City Administrator of the City of Orono which approval shall not bey 13. unreasonably withheld. i 123087.5 TO: Mayor and City Council i 1 FROM: Mark Bernhardson, City Administrate `l� DATE: December 30, 1987 SUBJECT: Resolution of Appreciation Kathleen Blatz Attachment A. Resolution of Appreciation ISSUE - Adoption of Resolution extending the City of Orono's thanks to Kathleen Blatz who served as its City Attorney from August 12, 1985 to January 15, 1988. RECOMMENDATION - It is recommended that the attached Resolution be adop_ted by the City of Orono expressing its grateful appreciation to Kathleen. Blatz for the excellent work she has done as the City's Attorney. PROPOSED MOTION - Moved by seconded by , that the Council adopt Resolution 1 expressing its gratitude to Kathleen Blatz for her work as the City's Attorney. Ayes _ , Nays __ r City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION OF APPRECIATION - KATHLEEN BLATZ WHEREAS, Kathleen Blatz has be,.. -he Orono City Attorney from August 12, 1985 to January 15, 1988, and WHEREAS, during this time she has been given a broad range of issues and concerns with which to deal, and WHEREAS, she has always responded not only in a timely, professional, easily understood and legally competent manner but also with an understanding of Orono's unique history and background, and WHEREAS, she has given considerable effort and expertise which is well beyond the usual purview of City Attorneys to assist the City of Orono generally and the 1987 Council in particular in its initial year, and WHEREAS, the City Council and staff will miss her personable manner, professional acumen and policy matter sensitivity. NOW, THEREFORE BE IT RESOLVED, that the City Council on behalf of itself, the staff, and the Orono community would lik- to thank her for her service and give her their heartfelt best wishes. Adopted by the City Council of the City of Orono on this llth day of January, 1989. --------------- A--------------------- ATTEST: Edward Callahan, cting Mayor -------------,--- Dorothy M. Flallin, City Clerk 123187.4 TO: Mayor and City Council 1.1 ' FROM: Mark Bernhardson, City Administrator` DATE: December 31, 1987 SUBJECT: Snowmobile Accident on the Luce Line ISSUE - Providing information to Council regarding the following: A. Accident Follow-up B. Enforcement on the Luce Line C. Accident prevention INTRODUCTION - As you may be aware a couple while walking their dogs along the Luce Line encountered three snowniobilers proceeded eastbound along the trail in an area where snowmobiles are prohibited. (Snowmobiles are prohibited on the Luce Line east of Stubbs Bay Road.) The wife was severely injured and injuries were sustained by one of the dogs. The three individuals, two of which were juveniles, involved in the hit and run turned themselves into the Orono Police Monday morning, December 28, 1987. They stated it was their impression that thn posting "No Snowmobiles" was only for the main trail and not for those on the horse trail that they were using for snowmobiling. An ajudication of the facts in the case will be left to the criminal and possibly the civil courts. DISCUSSInN - A. Accident Follow Up - The individuals action of turning themselves in was a great benefit for the Police Department. It is felt that the Police follow-up plus the publicity were helpful in these individuals coming forward t•:, admit their involvement. The County and City Attorneys are presently reviewing the appropriate charges in the matter. B. Enforcement Policy - Authority - When the Luce Line was originally taken over by DNR authority the City did not have the authority to do any enforcement of any regulations either those DNR or the local authority. It was not until the mid 70's that this authority was granted to the City. Ability - While the City occassionally responds to complaints and does what it can, it does not have the tools (either a 4 wheel all -terrain vehicle or snowmobile) to provide adequate patrol and enforcement on the Luce Line. Need - The need however has not been great. Complaints have been minimal and most of the injur ies he, -e been to the snowmobi lers themselves. It has probably been three or four years since there has been such a tipped over snowmobile accident. Subsequent to the accident the complaints of snowmobi les on the Luce Lines '—gether wi th snowmobilers generally trespo ^n private property have increased. It is d however, that this need together with the aw. -d will drop off over the next month or so. C. Accident Prevention - In addition to enforcement and encouraging the DNR to take a more active role for enforcement on the Luce Line, the City will be working with the DNR to determine if there are ways to provide a physical discouragement to the operation of snowmobiles and other motorized vehicles on the Luce Line east of Stubbs Bay. Given the nature of the trail such impediments may be more beneficial to discourage such activity than frequent patrolling. RECOMMENDATION - It is recommerded that the Council accept the Tnfotmatlon regarding that and concur with staff's direction that they work actively with DNR to reduce utilization of the trail by motorized vehicles. PROPOSED MOTION - Moved by , seconded by _ , that the Council accept the information from staff regarding the accident on the Luce Line and staff efforts to rectify the matter for the future. Ayes _, Nays -' cc: Chief Kilbo Steve Walter, DNR 2 INTEROFFICE MEMO DATE: January 6, 1988 TO: Mark Bernhardson 1 FROM: Mel Kilbo RE: Authority to Purchase Squad Cars The Department budgeted for purchase of two squad cars for 1988 from the Hennepin County Contract 8511, from Thane Hawkins Polar Chevrolet. On December 15, 19P7, I sent a letter of intent to purchase, as tie contract required either a Durchase order or letter of intent. Exhibits attached. I am requesting Dermission to obtain a purchase order for two squad cars for 1988. TO: Mayor and City Council FROM: Mark Bernhardson, City Administratowb Forwarded recommending approval as being within the dollars and quantity authorized ir: 1988 Budget. ($23,504 - $4,000 estimated sale of 2 current vehicles = $19,504) Budget - $19,580. PROPOSED MOTION - Moved by __, seconded by _ , to approve the purchase of two squad cars as budgeted. Bid award under Hennpin County contract $8511 is to Thane Hawkins Polar Chevrolet with the total purchase price not to exceed $23,504.00. Ayes Naya _ INTEROFFICE MEMO DATE: December 1, 1987 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police RE: Purchase Cut -Off date for squad cars Hennepin County contract 8511 for police cars has been awarded to Thane Hawkins Polar Chevrolet. The cut-off date for purchase order or letter of intent is December 21, 1987. I request permis ion to send letter of intent (attached) to Thane Hawkins, to ordez two squad cars under Hennepin County contract 8511. • I� _, , is ,, Cj - of ORONO f • On fbr .karlb Shoe ejLakr 1linnelonka Pollee De -pa rtment Mr. David L. Thomas Thane Hawkins Polar Chevrolet 180 East County Road F White Bear Lakr. NN 5511Ci Dear Mr. Thomaf. , This .is Orono's letter of intent to purchase two (2) full size four -door police sedans on hennepin County contract #8f 1. (2) ft111 size Chevrolet Capiice's $11,766.00 each Heavy duty cloth seats + 66.00 ea^h Engine block heaters 20.00 -a7h Delete tilt wheel - 10 .00 e�.ch '52.t'11 each $2.i 504.00 TOTAL $23,1 ' is the total for t.!o units, acc{ - o contract The City eF Jroro wishes a iight blue paint . L-_,th units. ary questions, i;iease call me c:L. •173- Sincereiy, Melvin Filbo r iief of Police MY -qE , 1688.5 9 Mayor and City Council r ' FROM: Mark Bernhardson, City AdministratoA 2� DA-F..: Janaury 6, 1988 SUBJECT: Resolution Commemorating Frank Mross ISSUE - Adoption of resn'. c,n c^!-,rnemorat i ng the service of Frank Mross. INTRODUCTION - Longtime City employee Frank Mross passed away November 26, 1987 following an initial heart attack in September while on vacation. As has been the recent practice the City has adopted resolutions commemorating the service of retirees. A member of the family may be present for acceptance of the resolution. REC_OMMENDATI_O_N- It recommendt_d that the attached resolution be adopted. PROPOSED MOTION - Mcved by , seconded by , that the City Council adopt Resolution # _ commemorating the many years of service by Frank Mross. Ayes , Nays _ %P 1588.1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION COMMEMORATING FRANK MROSS WHEREAS, Frank Mross began full-time employment with the City of Orono on March 1, 1968 as a maintenance laborer in the parks and street department, and WHEREAS, Frank Mross was empluyed part-time with the City of Orono prior to 1968 in the utility department, ,nd WHEREAS, Frank Mross was always considerate and thoughtful of the Orono residents and his fellow employees, and WHEREAS, Frank Mross was dedicated and served the citizens of Orono commendably, and WHEREAS, Frank Mross suffered a heart attack in September of 1987 and passed away on November 26, 1987, and WHEREAS Frank's dedication of service to the community, his positive attitude and thoughtfulness toward the citizens of Orono and his t-llow employees will be greatly missed. NOW, THEREFORE BE IT RESOLVED, that the Orono City ,ouncil, the Orono employees and the residents of the C P y of Orono recognize Frank Mross' many years of dedication and service to the City of Orono and extends its condolence to FranIc's family. Adopted by the Orono City Council on th.s? 11_th day of January, 1988. ATTEST: Edwai. Callahan, Acting Mayor Dorothy 'i. Hallin, City Clerk DATE: January 4, 1988 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police SUBJECT: Step raises - patrol officer James Cornick completed his second year with the department. Jim has developed well, receiving several commendations and is a con- sistent producer. I request his pay be raised from $2,102.00 per month the first year rate (1987 contract) to $2,365.00 per month the second year rate (190 contract), effective 1-1-88. TO: Mayor and City Council It'}} \ t�� y FROM: Mark Barnhardson, C `y Administrator\ DATE: January 5, 1983 SUBJECT: Step Increase - Officer James Cornick Approved step increase in accordance with the Labor Agreement. PROPOSEL MOTION - Moved by, seconded by to approve step inceease from $2,102.00 to $2,365.00 for Officer James Cornick in accordance with the Police Labor Aqreement. Ayes __, Nays 21987.10(18) TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: January 6, 1988 SUBJECT: Adjustments to 1987 Adopted Budget When the 1987 budget was adopted provision was made in the General Fund Special Projects/Contingency Department to appropriate $26,500 for salary and retirement benefit adjustments due to comparable worth findings. I have prepared a listing of needed amendments and have included amounts for the City Administrator position whose annual adjustmer is in May. An amendment is also requested between the Special Projects/Consulting (increase $4,500) and the Special Projects/Contingency (decrease $4,500) fcr use on the Highway 12 Cor idor Study Comprehensive Plan Amendment in -ddition to the $2,000 amendment approved in February 19R7. 1987 1987 ADOPTED AMENDED DEPARTMENT BUDGET ADJUSTMENT BUDGET Administration $128,715 $ 51110 $1;3,825 Finance 111,090 4,500 115,590 Building & Zoning 190,330 9,410 199,740 Streets 417,195 2,510 419,705 Spec Proj/Consulting 30,000 6,500 36,500 Spec Proj/Comp Worth 26,500 (21,530) 4,970 Spec Proj/Conting 25,000 (61500) 18,500 Net Change -0-- The net change to the total 1987 budget is zero. A final adjustment may be forthcoming in February. TO: Mayor and City Council FROM: Mark Bernhardso, City Administrator` Forwarded recommending approval. PROPOSED MOTION - Moved by _ , seconded by , to approve as presented the adjustments to the 1987 General -Fund department budgets for comparable worth, other salary and retirement benefits, and for special consulting projects. Such adjustments a.e funded by monies; budgeted in 1987 in the General Fund and result in no increase in the total 1997 budget. Ayes Nays 1688.3 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrate DATE: January 6, 1988 SUBJECT: Resolution of Authority Attachment: A. Resolution of Authority ISSUE - Adoption of a resolution granting authority to the City Administrator or his designee to be the City's representative in Conciliation Court. INTRODUCTION - The City currently is being sued in Conciliation Court regarding a ir,laim for property restoration following a water main break. The party involved feels his damages are greater than the offer of materials provided by the City. DISCUSSION - Conciliation Court is a means to reduce the legal process and expense for small claims (under $2,570). As this is not a full legal proceeding in part by not neeuing legal representation, use of attorneys to represent the defendants is often a disadvantage. Based on the rules of Conciliation Court however, the City needs to designate a representative. It is suggested that this can be accomplished through the attached resolution. (Both John Gerhardson and myself have been involved as City representatives in Conciliation Court in the past.) Included as designees are the City Attorney and insurance representative for selected cases where such maybe appropriate. ALTERNATIVE Muting 1. Adopt resolution as presented 2. Amend and adopt 3. Grant authority only for this case to one individual 4. Table and not be represented RECOMMENDATION - Adoption of the attached resolution. PROPOSED MOTION - Moved by , seconded by , that the Orono City council adopts Resolutic 1_ grantin3 authority to the City Administrator or his designee to represent the City at Conciliation Court. Ayes , Nays 1688.3 RESOLUTION OF AUTHORITY WHEREAS, the City of Orono is required by the Rules of Conciliation Court to appoint a representative for itself as an organization, and WHEREAS, the City Administrator is in the position to best evaluate the City's representation in these matters, especially since they may result in the City receiving short notice, and have a value of less than $2,500, and WHEREAS, the bes` representation for the City on a particular case may differ tram the other cases. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono grants the authority to represent it in Conciliation Court to its City Administrator o: a designee given authorit; on a case by case basis by the Administrator. AND BE IT FURTHER RESOLVED, that the l.st of design•aes from whom the City Administrator approves is limited to department heads, a representative of the City': insurance and where appropriate the City Attorney. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held this llth -lay of January, 1988. ATTEST: Dorothy M. Hallin, City Clerk ------------------------------------- James R. r,rabek, Mayor Mr. John Gerhardson Public Works Director P.O. Box 66 Crystal Bay, MN 55323 Re: Conciliation Court Hearing Lawrence C. Shaw 1/12/88 Conciliation Court No. 871102132 Dear John, This letter and the accompanying copy of the resolution adopted by the City Council regarding authority of repre3ntation at Conciliation Court grants you the authority to serve as the City's representative in the above referenced matter. Sincerely, Mark E. Bernhardson City Administrator MFB/dh Attachment: Resolution �r INTEROFFICE MEMO DATE: January 6, 1988 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police RE: Request Authority to Hire C.S.O. - Part -Tine As you are aware, the city employed Rick Denneson as a Community Service Officer in April, 1987 to perform animal control duties. He has performed satisfactorily in that capacity. We hired John Elder as his back-up person. Mr. Elder was hired in Novenber as a civilian jail deputy with Hennepin County. I request permission to hire Mark Allen Meyer, 21 years old, from Maple Plain, as a back-up C.S.O. for 1988. I1r. Meyer was one of the original applicants for the C.S.O. position and has been a member of the Orono Police Reserve since June, 1987. This is a budgeted position. I would pay $5.10 per hour with no benefits, not to exceed $3,900 for 1988. TO: Mayor and City Council �� FROM: Mark Bernhardson, City Administrato; \,� Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by that the Orono Council authorize the hiring of Mr. Mark Meyer as a part time C.S.O. at $5.10 hourly, commencing January 12, 1988 with the annual salary net to exceed $3,900 (or an average of $325 per month). All expenditures are to be within amounts budgeted for animal control for 1988. Ayes Nays _ INTEROFFICE MEMO DATE: January 6, 1988 TO: Mark Bernhardson FROM: Melvin Kilbo RE: Authority to Hire part -Time Officer I am requesting authoritv to hire two licensed nart-time officers for 1988. As you are aware, Mike Kirnvczuk was injured on duty in February, 1987. His return to duty soon appears doubtful. Officer Brad Johnson broke his left arm, requiring surgery, while skiing and will be out for four months. This occurred on 12/22/87. I would emnloy the licensed officers u- to four days a week to cover shifts of the injured two reoular officers. I have had medical and vsvcholoaical tests performed on Mr. Janes Morrow, a current Orono Police Reserve since 1986, 26 years old, single, who has completed his skills course, and is licenseahlp as a peace officer. He is in the ^"innesota Police Recruitment System with a score of 62. He has a B.A. in criminolouv and a B.A. in socialogv. He has completed an internship with the Orono Police Department in the summer of 19FF. I also wish to employ Officer Deter Palmer of the Brooklyn Park Police Departmenl� . Peter previously was a rie.Tiber of the Orono Police Reserve and has completed an internship with this Denartment. Peter has been with the Brooklyn Park PD for about 21; vears. I would pay these part-time officers $6.50 an hour with no benefits not to exceed $3900.00 for each officer for the, vear. TO: Mayor and City Council �`� FROM: Mark Bernhardson, City FA-d nistratl Forward recommending approval to hire Mr. James Morrow as a part time officer for 1988 with :glary not to exceed a total of $3,900 or until Officer Kirnyczuk is able to return to duty which ever is earlier. Recommending approval to hire Peter Palmer as a part time officer not to exceed a period of 6 months and only as a replacement when there is more than one offir-er disabled. PROPOSED MOTION - Moved b , seconded by __, the Counca.l approves the hiring of Mr. James Morrow as a Fart, time office for 1388 with salary not to exceed a total of. $3,900 or until Officer Kirnyczuk is able to return to duty which ever is eA ier. Additionally the Council approves the hiring of Peter Palmer as a part tune officer not to exceed a period of 6 iTonths and only as a replaccr-ent when there is ITure than one offioer disabled. Ayes __, Nays INTEROFFICE MEMO DATE: January 7, 1988 TO: Mark Bernhardson, City :administrator FROM: Mel Kilbo, Chief of Police SUBJECT: Request for Temporary Clerical Help As you recall, the Department employed a temporary clerk -typist during the fall of 1987. The Department has found it needs to have temporary help at this time of year to accomplish below tasks in preparation for the new year. A. Entering 1985 police records into the L -is computer. We have about 10-12 hours needed 'or entering them. ThiF will give us a three year base in the computer records. B. Routine filing - As a result of a heavy year anu work, routine filing has fallen behind. We need approx. 8-10 hours to comlete this task. I request permission to employ Jean Hooa_enakker, a prior employee for 1988 to accomplish the above tasks, requiring approx. 20 hours. i I would retain her as an on -call person for the summer season. 1 would pay her at a rate of $6.00 pPr hour, not to exceed 120 days during 1988. TO: Mayor and City Council. FROM: 'Nark Bernhardson, City Alministrator Forwarded recommending approval for 1988 rot to exceed a total of 80 hours. PROPOSED MOTION - Moved by seconded by _ , that the Orono City Council authorize the hiring of Jea,. Nuogenakker as a temporary Clerk -typist at a rate of $6.00 per 1:ur, with no other benefits, for a period not to exceed 120 work days during 1988 nor a total of $500 during the year. Ayes _, Nays __ TO: Mayor and City C,. tint i 1 FROM: Mark Bernhardson, City Administrato, DATE: January 6, 1988 SUBJECT: Administrator's Information 200 HO_LLANDER ROAD - As noted last time the City has obtained the order -from the Court ordering the barn down. The City is awaiting quotes from contractors and once these have been received we'll undertake demolition. The resident on the property is however, attempting to obtain a different attorney to undertake steps to prevent the barn's demolition. WESTLAKE STREET - Further review of properties on Westlake Street will result in letters beinq sent to other offending property owners regarding commercial use violations. 3405_SHORELINE DRIVE - The owner, who had agreed to an interior inspection, and the -Inspector are Establishing a date hopefully in the next two weeks. METRO GOOSE HUNT - For the gorse hunt held between December 18th and the 27th the City issued 3 discharge permits. Indications to date from one of the individuals was that he got 4 geese. 1535 B_OHNS POINT - The cons, uction which commenced over two years ago is expected to be c;m.oleted w.,.thin the next 30 to 45 days on the house. The final landscapirg on the property is to be completed this spring. ART CENTER_ STATUS - A draft. copy of a settlement agreement regarding the assessment for the Art Center has preliminary review by both attorneys and currently the City is having the property staked out to make sure everyone agrees as to the property *p be tramsferred. Once this has been completed and the persons —jree on the property configuration, the settlement will be finalized. 4220_ SIX_T_H AVENUE NORTH - The ordinance for clear fill is now in effect and the City is putting th- owner of this property on notice regarding that. 1250 SOUTH BROWN ROAD - Based on complaints tht dscaping equipment has been removed from the property and t,,._ owner is submitting a Home Occupation License rei,;est which should be presented to the Council over the month tD six weeks. BIG ISLAND VETERANS CAMP - Attached plea id a letter from the n Vetera's Camp regaraing the fact thc. �;ey are exploring alternatives on their property which wc,ul(i be a substantial change from plans currently under considPrr.tion by the City. As such tht-i r cons iderat ioi,s are being held in abeyan,-e pending the results of thesc. discussions. r,OAL SETTING STATUS - Ser, attached. � I DEC 2 8198T December 24, 1987 Mr. Mark Bernhardson, Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Reference: Resolution Concerning Conditional Use Permit - Board of Govenors of Eig Island Veterans Camp Dear Mr. Bernhardson: This letter will confirm our telephone conversation earlier this week in which we discussed the City of Orono resolution granting a conditional use permit to the Board of Govenors of Big Island Veterans Camp. The Board of Govenors is currently considering several options involving utilization and development of the Camp that are dramatic departures from the plans we have presented to the City of Orono. Consequently, any work on the Resolution may be premature, or at best, less than totally pro- ductive. I will keep you informed as the Board selects from the available options and determines the best course of action fu- the Veterans of Min- nesota and their Camp. Sincerely, Alan Wisdor` for the Rc ;fe-�c'/Ovenors Big islanf --rans Camp CYy1i, ST"IK; AN) Mhm F. 8mpow►Iwi CITY ALPTXIS`M1TR 1 MAY 1987 - 14 %PR:L 1908 'E7 S 0 - 1987 Council Strategic Planning Short 'Sera O-jective '88 TIO - 1988 Short Term objective AIM CM1L AMR C BM ES 1. C'OPILTIM OEV£LOPMENf Highway 12 187 S-) A. Comprehensive Plan Amendment 12 (5/87, Apprr:,e Ame,�t #7 Sutr+issim to Met Council Receive sack fr® Met C-w cil Zoning Awerdments - Draft - Planning Commission cans ider at i or. - Council consideration Negotiations on utilities Bong Iake~ina) Final plan approval B. Task w'or,* Monitor progress 188 S90 ,cri4m Se Study Determine i. appropriate to undertake DIIAPT 4/29/87 6./11/87 7/61/87 8/18/87 9/89/8' 18/86./8 7 11/6:,97 17/61/87 12/39/87 (- +.: nr pox a t . ng 1388 "• ` LAIM 9 4m 5/11/8' Tabled to 6/2: ?7 am! ed 6. 22/ -1 6/12/87 -cr feet Met-oCount 'I 9/11/97 9etponse due 2/15 6/5,/E' Currently being drif.ed 7/6/— 6/i8/87 9; 2e,'87 Ongoing 9/ 2,187 arming held Ors, SChc • . MnWr 18,/9/8- starf IftL%at staff sset'ng Pe: .-wider sclectror, prom;.- :8/ 88 1. niffrlRT tEVE1L7PmV1' vrt. s0 IbaevelaPmt (C tuna 2/61)nil 6/]/m lr/zsm �irruea ret m by ptnelt . ,..ts ont./ai¢uaea rarovaum Initlab Colnbffcti" 1/16/v 5ftt 11.] prm� Pngege curultaxa to b a.terw,nee Pl.,m - lefal 'ff Sw C.fl m f.tim vivo Sol kite Wan/xty C. In/ff 'f, sll Cvm[y 15 beveatpt+t (Cmr.< 2m) 6/3f/81 1¢el etc yliq iRravtanb ' tetrirc, Haiw 8/2!/97 Cavell {ieranbUm WA/f1 to E¢ t¢al Yute ptaetl= init lal retr�ldatlaw anlm a s" Elnal Plme if/N'P Nrtbv airurim 31'2381 Ado,.. [coal P1aly A'. to Roar "plan Cna pt.l a oral a 31/fl Cawc< ctavcr¢t�m Lvfr 'fl s0 co a lty'hnw tim Pl b l¢ 1 e lw Pafr. um Ia3tw inE¢�atlm prernbtl 'BB sa 13/lln7 bvel@ Oalage taPla�t u/r Cmetnba 116 wellenrivxe mgmrq Malbb Cty ty 136 Ae idea '61 m St. 'ff M flan Ad,* im at f/N] Ate rin Iww.1e by Raft wi� w tbf vnnt fbfx !.e clan Im �im 1/ I.. r..e b, fm aAav IOD aPPrtaaq 4uA' a pt wlm ecrl'Iaa Kira f 4 IOU ®+ta m 12/12 11 pe.el� cnviala t.r 3/vr �rvr a plm am m Masi ORMIS seas 1. tvwmm miecnerr cu,t. -- •ea so Cm Dev - Di[attim taaf fea 1/88 racenryr<.ieuftie. z. M st,xe+Jed. PN99LTI01 '8'I SIO BtuM2 YY Caplete Ruda xeetat'an[ l; BB Mt�ctpete �eedc usesuenr '88 m tvglebm 3/08 Project l.'88 D,t it! bwesent arm 1!88 interest Plm im aptly 6.28 Umider deeei�t e atajm 5/88 it [rLte AjpppRrq� - Imt�je 8/88 - Project Did la/a8 - C. Rojo 1/89 - Aaaeaa Project 8/89 - C�leta projecm U/89 I Mot �� 3. fMlaN . PeIItLTlm (Cont.) Crystal Bav Finalize project 1M MJeet cl. art taelm to :,1/11 MA91m ypeal tentati"ly settlal S/`9A1 rinalraad 9241n claw aR "n, Solid Maste igana9mae Aaresr recyclitg effor4 to goal 1: 88 Access other artnues to meet "Is 4,89 Pevie., rqulatima ryartliny 4/98 solld elate if appr.Priat* im its. otwiaed 4/58 .ollettim J. (Rl" NIZ TI'tAl. OMfAP43.: 1986 cwecil Goal ' ttim C. lA1 L/1/81 —'N rest caaplete 11/11 AGoptad b revised HAM Aaeea annt said of Beview Budget 'tamp a .". eudwt Adtptim 1988 L gisletive Programs Caplete 81 = com,lete Iigutr sale 11. final P.,. '87 51p locrease Influenot,'Cmpe[atim BrtuMine Freda for with oiler g rimeital wits tvperatimt/lnfl� Lprtlsea l orterMlrc gala In arer. a l �m conwtn Maevalumte zee of Wtline at aiarMdt Plairniig Galanlm Cafnim trrgmsdhultiae l Igum! to I[em 911 Proposal for any lrC[YaMi ura3e l Y /81 C4pletad 5/11/87 6-1A1 Meld 1A/B1 initial Mmeting Bet 9117M 9/MA7 BUMgetMlll levy art 9/ILA 12/17 Adaited 13AA1 61MM Bala closIng tvpletrd VIM Csaplaud final .11. tsanractim 6/11M Final p[io IDS Stataaa,t/MMme V211w: 51101 Daft d¢irM to C u 6M/8- - 7'1-91 6,'B1 AdoptM 1/31A1 7/B1 B/11 AMR t>2N. A1a91 a. S9 m 9p.1VEpY 187 SM F i]ities Study So Sm '87 SM lag page Firoe W polity (5/et) S. WJ pF91UAC8 t r,wf Course l.iaal Ctntrol Caperoatim Ca Ity ]n[maatim/ t Ietter Appaintaent of caaultaat 5/87 ' ad w 9/22/n [m spR study :t ad to ]/ld/n Cu Mtil A{praaed uuderutinq Study 8/19/8I wultnt eelaatad 8/24/92 Writ plan adopO 8/A" Wrt Reim haW 12/7A7 Caylatim tY pioae ] ape Study 12/87 [eterairo alearro[lvm/Rase 11 1.88 oeterairatim a[ ro step 3/88 n paces Ivlaa�t any rtcvedKio 5/89 Drat polity toC it 6/87 Ctaevll algflm 1/6t DevelapvR of Euai. 7/81 strategy L alwte "ra 9197 4/87 lrutiated CM pecgre to taM:. 9/29/9' adapted cmtdnuanm �n :999 da4et. 6[ertled aerv�ce � 1,c�9 taae/ep im pa[k'Aineatmte Beart�l9BA Ca arable a rth adl+ttaants 19/07 12 A7 at aesaim Ia IA 1 141V '97 ad]� a- 9wely�ent - Per[vaa�ee L/st Iatvl ylan to 2/w Based Fay Mrs "ayv'e Nni lw [ww" dnaluatim al ayataa 9M 9/29/91 wa umtim tzn0isted. I\ytWl's Article tar— to amtuae w VM [m neat waluatim LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF January 11, 1988 Minnesota Viking Food Service, Inc. - Ciagrette License 5200 West 74th Street Edina for vending machine located at: Washington Scientific 2605 Wayzata Boulevard CITY 01 MONO CT'YSTA1, DAY, M1N;IESOTA SS323OM2 oI9�7 Al1MINISTRATIVE OFFICE$!, Phone: 473-73501__ APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL 10!37_ (Chapter 62, Orono Municipal Code) 1. Name of Applicant n i, i�. L,. t. , J �'... . 1, ' Address :, i, , a,' 7H' �Y. t. i p�O - ,•f,•,phonc P" 3 -5 >5 c; 2. Sales Location: Nam: 11' _,l,, Address ( 4' µ't ` ��I, _Phone '4"". �, I 3. Principal business carried on at this location a. Mothod of Sales: Vending Machine ! Over Conntir Oth?r I hereby make application for license to sell cigarettes at retail at the abov_ location snbjoet to the laws of the Stat^ of Minnesota and the ordinances of the VillRn,_ of Orono durinv, Yio following quart.rly periods: Feu -Mai -Apr LICENSE FEES May -June -July Expiration date of license. Jan. 31,_ each year. Annual license fez is —,Aug-Sept-Oct $20.00. :there applicable, as in the ease of seasonal sales, this may be Nov-Dec-.1an pro -rated by quarters, at $5.00 per ' quarter. Make remittinee payable to City of Orono Signature of applicant Dated Office Ilse '/ - 1�- Action C.'TY OF ORONO C ()ec-Y-T-D EMPL-ND NAME DIV GROSS GROSS E> MCALL AMAIN EJ 11 2416.70 241.67 GOETTEN J 11 29DO.04 241.67 GRAVEN J 11 3600.00 300.00 P ETERSON OA 11 2900.04 E41.67 SSINE JR U.I_. 11- E960.04 E/1.67__-_ COUNT BRAND 11E66.610 II PAID OOOfi_ a TOTAL 00005 TOTAL TOTAL FICA TAX GROSS .06 ENFLOT3 �y -- A • GROUP HEALTH --- J 9 • PHYSICIAN'S HEALTH PLAN C w BLUE CROSS/BLUE SHIELD I� D • MEDICAL CENTER PLAN E a PRUDENTIAL F • COORD, HEALTH CARE G a MINNESOTA HMO H • TRANS-AMERICA OCC. I a BANNERS LIFE J • MUTUAL SERVICES K a MUTUAL OF OMAHA L. • EMPLOYEE'S BENEFIT M • AETNA N u NICOLLET EITEL 0 • LEAGUE OF CITIES P . METROPOLITAN WEALTH PLAN 0 • SHARE I • WEALTH CARE MAINT AC MISSING HOSP CODE FOR SOME L•,PL'6 �1 CITY OF ORONO P A EMPL-NO NAME JAC09S JOHNSON KILBO 1[IRNYCZUK KNOTT KNUTSON KUEHN LINDSTROM MABUSTH MIKELSON MILLS JR MORAN MOROYCZYNS "Ross NAAS OAS OMAN PETERSON PETERSON PETRAN OUAST ROSS SASS SCHAUSS SKREEN SMITH STEFFENHA STILES THOMTON TOMCHECK Y-T-D v - - - - DIV GROS GROSS EXP/ALL G BL 31 35924.15 139e.91 ME 12 50236 11 1928.41 8A 31 2^873.67 794.21 JL 10 989S 52 406.40 JF 42 33070,02 IS45.40 CB 31 34SB1.77 1376.72 IL 31 28S99. 82 SOS2.19 Al 35 2611.71 173.40 JA 35 425.SS 0.00 IH 31 32SIS.48 1173.47 DJ 93 1634.55 0.00 KR 31 34405.96 1376,72 DT 31 13987.84 1105,16 JM 11 35402.55 1500,37 MP 33 28Z16.14 IIP9.04 JR 42 39708,35 1559.04 JD 42 87216.89 1134..- DM 12 E40S7.S6 W TIC Ale e3s43.23 931 CJ 31 10684.2/ 4 ? JE 31 786.60 14 TJ 33 eSP21.74 1129.04 OR 31 35715.36 1307.76 MH 31 39754.10 1S90.72 M 31 17190.97 493.43 MJ 33 3409.00 0.00 CA 1S 193SO 61 633.47 TM 15 38116.68 1SES 20 DJ 93 0.00 0.00 JA 33 33723.47 1321.21 RA 1S 14319.56 7S0.00 YH 93 209.26 0.00 MF 31 30918.71 1515.34 J 31 36306.13 1347. 57 FT 61 23614.96 0.00 TL 12 18880.00 751 86 DO 93 1264.75 0 00 LE 33 22161.07 883. 44 PL 12 11101,29 41S 17 RY 93 1991.ES 0.00 JC 33 392.00 0.00 NA 9e 25894.14 963 S2 JA 93 eS2S.22 0.0o JJ 42 24689 27 1027 32 CR 31 3821.27 866 66 DS 42 23933 70 992. 40 JR 92 253SS.59 904 40 RE 93 e6OeC.89 1041 52 RC 61 3090 00 0 00 MR 31 E4744 86 988 91 LF 31 26194 5S 1079 48 CITY OF ORONO P A Y-T-D ♦ _ _ _ _ T' EMPL-NO NAME DIV GROSS GROSS EZP/ALI ITYN MY 71 7M172.97 1290 WALS0, UALSH NL 31 50.00 00 • COUNT GRAND ALa. 921.31 'AID 66441 --"TOTAL-70BE7 -- TOTAL . _ ..— TOTAL FICA TAX ERORD _ Alo344,41 EMPLOYERS —_ A • GROUP HEALTH --- -- _I_i-FNYSI CIAN'S HEALTH TLAR—___ C BLUE CROSS/BLAZE SHIELD D MEDICAL CENTER PLAN To . PRUDENTIAL - - -' F COORD. WEALTH CARE S 141KNEIOTA HMO N TRANS-AMERICA OCC. 1 • LANNERS LIFE J • MUTUAL SERVICES N • MUTUAL OF OMAHA L w EMPLOYEE'S BENEFIT M • AETNA N • NICOLLET EITEI 0 • LEAGUE OF CITIES P • METROPOLITAN HEALTH PLAN 0 • SHARE j • HEALTH CARE MAINT ACCT MISSING HOSP CODE FOR SOME EMPL'S CITY OF ORONO i EMPL-NO NAME ANDERSON BERNHARDSO BOBZIEN BOSMA BRINKHAUS CHESWICK CORNICK DENNESON ELDER ENGLISH It ERICKSON ERICKSON FICHENICH FRITZLER GAFFRON GERHARDSON :REGORY HALLIN HANSEN HANSING HOOGENAKKE JACOBS JOHNSON KILBO KIRNYCZUK KNOTT KNUTSON KUEHN LINDSTROM MABUSTH MIKELSON MILLS JR MORAN MOROYCZYNS Y-T-D - - - DIV GROSS GROSS EXP/AL BL 31 37305.12 1380.91 ME 12 52166, 53 1926 4( SA 31 22380.58 813.31 JL 12 f0321,12 425.6C JF 42 34538.73 1468.71 GB 31 35958.48 1376.71 JL 31 29715.69 1115.07 RJ 3S 2749.41 137.70 JA 35 425.85 0.00 IH 31 33646.92 1120,44 OJ 93 1634.SS 0.00 KR 31 35782.68 1376 72 OT 31 15079.36 1091.52 JM 31 36688.01 128S 46 MP 33 29345.18 11'7.04 JP 42 41296.83 1588 IS JD 42 88392.31 1173 DM 12 25960.35 IOOC SC 42 24943.69 1100.66 CJ 31 11084. 79 400.58 JE 31 $49.60 63.00 TJ 33 29350.70 1129.04 SP 31 36964.56 1249.20 MH 31 42276.11 1626.96 M 31 17684.41 493.44 MJ 33 3409.00 0.00 CA 15 20227,57 718.56 TM IS 40476.62 1557. 68 DJ 93 0.00 0.00 JA 33 35100. 43 1376. 96 RA IS 19069.56 750.00 UN 93 208.26 0.00 MF 31 40294.57 1375.86 J 31 3757S 33 1249.20 FT 61 236t4.96 0.00 TL 12 20158,10 790.40 DO 93 1284.75 0.00 LE 33 23400.99 928.00 PL 12 1ISS7.82 456. 53 RU 93 1991.25 0 00 JC 33 392.00 0.00 UA 92 26872 19 1048. OS JA 93 2825.22 0.00 JJ 42 25759.24 1070 97 CR 31 4164. 79 943 S2 DS 42 25005 27 1071 57 JA 92 26441. 82 IOSB 23 RE 13 27070.41 1041 52 RC 61 3090. 00 0 00 MR 31 25724.28 971 42 LF 31 27248 74 IOS2 19 CITY OF ORONO P A Y-T-D • - - - EMPL-NO N'.1E DIV GROSS GROSS EXP/AI TOMCZYK MU 31 357so 001261.69000 YALSH KL 31 SO.OD .00 COUNT GRAND 43,221.64 PAID 00041 TOTAL 00053 TOTAL TOTAL FICA TAX GROSS - 22,105.37 EMPLOYERS A = GROUP HEALTH B - PHYSICIAN'S HEALTH PLAN C = BLUE CROSS/BLUE SHIELD D m MEDICAL CENTER PLAN E w PRUDENTIAL F m COORD. HEALTH CARE G m MINNESOTA HMO H a TRANS-AMERICA OCC. I = BANKERS LIFE J a MUTUAL SERVICES K = MUTUAL OF OMAHA L = EMPLOYEE'S BENEFIT M = AETNA N = NICOLLET EITEL 0 - LEAGUE OF CITIES P - M,'^OPOLITAN HEALTH PLAN 0 - SHARE Z = HEALTH CARE MAINT ACCT MISSING HOSP CODE FOR SOME EMPL'S ISe+ cln OI O.OYo CKC. Kcur[[ .111-Of A.w C C.CC. x. :.n1E .ROVAIl MAE. IT[. W.C.1111" .CC., Yp Iw \ . e [ FRIMM ♦ ]KBu pv0.... 316 W MIT C[LLK.M IK rELE'AFORK [I-all-If1-T ]1 la • ou.• .u-be ]65N2 OVO./[I i. ].0 tl WT[.T.-CITY OF IW C. W+E. 1.0 Or[ • uslls Ilnuee •.0 r1a.T KA]l ELECTRIC Ununu e u . • ...... ...-be • 365101 01/61/ee a \p STATE OF IW COD[ EK EtIII.TIM I.v a Ip. • ltssoi bulls ILOC Wv[r6 .... c.. A. aso \I • • ltssoi ave[/ee [t [r olK. Cw[LrIK 01-43041-I11-3. a[ no • 31510. OVOf/\[ 55 1. If\ X.l COVE. CO eAI.1 ..T. el-♦yfl•Itl-]1 as 00 • ).5105 pV06/e[ )I If ARAT[e D. 1.1.11" OFFICE SUPPLIER el-II,"AM]l ]1 10 .uu• wM[ I1. E00 L. FWD .. TOTAL "MIA,IU.O al 1[ FU.Ip IR I.,.,IEI[ IIIP [OK 0/I FWD • l.[H R IVYO 1[ TOTAL WL[R OPE.AIIK IwO [R[. [l FIMD 13 TOTAL \I". OD"A1IK IwI, ]. X\ [L FWS, 1. FOOL S0.1 COST" Y[.a1K 10 • Q[.Qa is TOTAL • t nn 111. Or NWo cKc. KLIn[[ 11-11'N .w l t11Ec. no MlE .LMVxI VFIION 11[n Ntc.Ir 11P KLaw. N IN • r s f +[WL[ r ]ss.lc .11.6196 1. lY •I.IWO Vn LITICS )s. Y ]{ff.f 01/1VN Ll q MWSL[ w[OYN[ [WII INTf [I-pY-It[-SI E Nsf.e el/0{/\\ Y1 Y NVNS[ IWOYN[ [[VI. rYT\ 36560 .11,610, ){ K ..a wIWMK 9.11 IV,. 11-gk-lN-.f ]NSU .11.11.E 1 Y. wV.Na w.pW[ MI.T µC\[ E )assu .I1.110. ) .3 wV.n1 ...WGGS [Wv rNTI lf-QN-sn-u .11.1101 Il 1 •N I..NY[ [Klr 1YT! )GSN! el/Oa/f. 31 fl WV.a.a w.OYN[ [fV1I 1NTf H-YY-feet] • ul s1 . • )asss[ e1/sa A. IN Is NI ILI111 •1/OVf\ IN ea \V N) glILIII[\Kiss \fIl--ffH])i55N HYf.t-Y-[InNM---]MaIl • ]655s[ .1106/.. .1 U MV VTILIT its fY2 1Y • u. u. rr.-Kf • ){SSsi .1/Of/N T! N IVOLIC F1'L [FT NP 10. 1E/H T1 IfT 11-f111-=8 ,:as" rV\LIL [WL Ni ..P rN. IbH T\ IL/f[ .1-flfl-Ml-II 1.511 .1/e5/\\ .Y IVFLIC FILL Nl .SW I[[. IIIIL Tt 1!/[l fl-JILT-Ke-1• • )a5551 e1/N/N 11. •. rYµ 1L [VL KT .... 1P. INI. TO 1[/8] .1-uf1-NtH )KS[l el/NIN l l] rYK [I►L Nl ... 1t.. TO IV[l .1-LYI-1M-Il LSSeI \I/M/N LHa S. ft IC [VL Kl .SP I;: IN. IE/IL TO I[/tl 11-INI-IIIJI • )NST 11/NIN L S[ NµiI SIGPL NT NP la.. 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IVWn fal.R MAIM L As OC L:1 L e[LINCR OCr al-nu-NI-1{ ]R{z! If/W!T {.IT2.N NORMAN IDIXAM NAIx L ASSOC L[GA PROSEC O[T 11-1let -111-1f ]N{[a IbWfl L.BT.N IDIXAM NAtx G A440C L[LAL CONSULT OCT 11-1]O-IN-1{ - l{2{H If.QL6] AS.21 IOIXM NAIx L ASLOC LEGAL LOMSYLI OLT 11-IHJ-121-]I l{!EAS IVWfI LIq.N PO2xAM NAIx L ALSOC LEGAL CONSULT OCT '=LT 21-Il J N ll ]aEata Ibtl/f] IS.N :OR XAIx L ASSOC L[ AL OCT IFIIa]-{N-Ia 312129 1!/t]/fl laa. ]] PDPMAM MAIN L ASSOC LEGAL CONSULT OCT 11-I111-111-U l{Q{R2 12/0/fT If1.A POPMAM MAIN L ABLOC LEGAL CONSULT OCT f1-WTI-IN-EL 3 21EB 1!/!]/O IH.N P0111.M MAR L A2BOC LEGAL CWBVLT OCT 2NT5-111-21 ]{!{2C ILO/fl 1f.N AIDS. MAW. L AUOC LEGAL CONSULT OCT f1-LTS-L11-11 ]RL2! ILILO Slut.15 Y01XM XA[l L ASSOC L[GL CONSULT OCT N-qfl-a7t-[I ]H{Ytl IL/Ll/tl p.p POPXN NAIL L N.00 L[GA CONSULT OCT 1J-ITT-[t1-If 15,444.46 MASS IL/Rl/fl 13.00 IOSIMASTER RENT 10 a.. Lt 11-H10-IN-It Is.ff IL!! 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FN• It Ultl tulLsi CAPITAL LY trTLIIT r )Ts.0 Wed. FIt• N 1•Tel r{•t fatale.s[ML•tes I • a. m.11 rIs• s tereL 1ta IenaKesr r1•) • Na+ CITr OF ORONO CAE1. uclnn • CHECK NO DATE .M.T ww" ITE. OCSMITION .CC WYT NO 1.1 S r 0 • KSAN" • I..21. 11 iVND 1t TOTAL ..TO M[[.TIK i1M0 10. S1S 31 FUROR 11 TOTAL 1.0 OPERNUK I.. s.a[+ ++ AM +. TOTAL I", C.w" DI[unK NO N F L[. IIT AS TDT.LL r• N (10k 0ii PUBLIC ATTENDAN(, CITY OF ORONO MEETING DATE ' / // / 7 ,7 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2. U6 ' • SS 3. S. 7, - 444'(' e. ., �4 9. r L L 3< r '16.•w..-.� a: v--_ I S e `l 2. �a u_ 4. 6. •� M1 n77! 1", L S n' 1" `R1,5Tview /3 11nforma+ion 1E, +ewooM S Coun ti. I fAc" EI9s1 MINUTES OF THE MEETING OF THE SCHOOL BOARD WC I OF ORONO INDEPENDENT SCHOOL DISTRICT NO, 278 HELD ON NOVEMBER 9, 1987 - - The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, November 9, 1987. Present: Dave McKown Kitty Crosby Thomas Mich Don Anderson John Maresh William Fenholt Absent: Jim Franklia Lucie Taylor UPON MOTION by Don Anderson, seconded by John Maresh, the consent agenda was approved as follows: - approved the minutes of the October 26, 1987 regular meeting; - approved the minutes of the October 26. 1987 Board workshop; - approved the appointment of Carolyn Farley as a part-time management/non-instructional aide at Schumann Elementary School; - approved a variance request for Dawn Jorgenson, grade 12, to complete her education at Orono Schools; - approved the bills as covered by vouchers 057404 through 057474 and 056616 through 056713; - approved the Activity Fund Report for 1st quarter, 1987-88. Or. Mich reported that the Orono football team is the section champions and will be playing at LuVerne on Friday, November 13; that Dr. Ernest Stachowski has been working with the administrators today and will be with them again on Tuesday; that the Quest Program, sponsored by the Lions Clubs, did begin today In the Orono system; that congratulations are in order to Mrs. Mitzi Overland who organized a successful Halloween party for the Early Childhood Program; that grades 1-3 are in the process of visiting the Minneapolis Institute of Arts; that an all elementary school read -in, with 62 volunteers, will be held on November 12; that on November 13 there will be an author-i n-residence program for grade 3 at the elementary school; that an action plan will, be developed in response to issues discussed at the Board of Education Workshop held October 26. Dr. Mich reported that the Staff Development Committee will meet at Spring Hill on December 1; that the Facilities Comwittee will be meeting shortly for the purpose of reviewing the legal opinion on the Maple Plain property and related issues; that the Curriculum Committee will be setting a meeting date soon and that the staff is currently completing the curriculum identification forms. UPON MOTION by Kitty Crosby, seconded by Don Anderson, the Board of Education proclaimed November 15-20 as American Education Week for the Orono Schools with the inclusion of the proclamations from each instructional level presented to the Board tonight. Patty Shoop, OEA President, informed the Boar) of the activities that will go on in the school system during American Education Week and introduced the young people from each instructional level who presented their proclamation to the Board of Education for acceptance/signature. The following were representatives: Schumann Elementary Ty Anderson, Matt Duenwald Intermediate School Matt Blodgett, Rachel Massey Middle School Ryan Miller, Angela Dugan, Jade Benson, Ned Hoseth, Zak Wood, Tiffany McGrath High School Doug Beal, Ellen Scherer The Board expressed appreciation to all of the student representatives for their presentations/contributions in recognition of American Education Week. The meeting was recessed at 8:05 p.m, and reconvened at 8:10 p.m. Don Anderson expressed appreciation to the M,ple Plain and Orono Lions Clubs for their contribution to provide the opportunity for Orono teachers to participate in the Quest Program and that the program is off to an enthusiastic beginning. Mr. Anderson also informed the Board of the schedule that would allow for attendance at the football game to be held on Friday in LuVerne and stated that he was pleased to see so many teachers attend the game in Hutchinson the week before. Kitty Crosby brought to the attention of the Board an article from the Sunday insert magazine in the STAR AND TRIBUNE titled 'Integrating the Suburbs' and stated that Marge Gasch had requested the opinions of the Board members regarding this issue. The Board set the date of November 19 at 7:DO a.m. for the Superintendent Meet i Confer meeting. UPON MOTION by Don Anderson, seconded by Kitty Crosby, the Board of Education approved the Corrective Action Plan to be submitted to the Minnesota Department of Education regarding the Special Education Audit. Karen Orcutt, in a brief informational report regarding the audit, reviewed the positive elements of the special education programs being operated in the district as well as areas that were in compliance but could be improved in order to enhance the level of programming for Special Education students. Ms. Orcutt provided information on the seven citation areas and the procedures/corrective action plans being followed to correct these citations. UPON MOTION by Don Anderson, seconded by Kitty Crosby, the Board expressed appreciation to Ms. Orcutt for her report and her expertise in directing/improving this department over the years and they requested that she also express appreciation to her staff for an excellent Job. UPON MOTION by Don Anderson, seconded by John Maresh, the Board of Education accepted the bid of Ryan Ford for the replacement of the School District station wagon. for handicapped transportation. UPON MOTION by Don Anderson, seconded by John Maresh, the Board of Education approved a ch-ige in the insurance clause in the Woods Academy lease, lowering the liability coverage requirement from $3.000,000 to $1.000.000. UPON MOTION by John Maresh, seconded by Kitty Crosby, the meeting was adjourned. Katheribe P. Crosby, ClerK Approved: Dave MCKow_:Q` lMan �e MCKown, hairmanMtKown, hainnan Christmas card received 12/21/87 Jar . Seasons Greetings MEMO TO: Minnehaha Creek Watershed District Board of Man6gers DEC 2 2196? FROM: Eugene A. Hickok and Associates DATE: December 17, 1987 RE: Lake Level, Flow and Precipitation Summary for November 1987. Lake levels in Lake Minnetonka have stabilized at approximately 928 it November as illustrated by the attached graph and lake elevations. There has not been any discharge from Lake Minnetonka to Minnehaha Creek since November 17, 1986. Minnehaha Creek at the Browndale Avenue Dam in Edina has maintained flow throughout October. This is shown by the monthly flcw ary. The 30 year average precipitation for November at ti" ,nal Weather Service station in Maple Plain is 1.46 inches. The actual pn..,y.:•iton recorded in Wayzata for November was 2.37 inches. A summary of precipitation follows. PRECIPITION SUMMARY Actual 30 Year Average Maple Plain November • 1.46 Minneapolis -St. Pa Interr'l Airport November 2.07 1.29 Wayzata November 2.37 *Unavailable at the time of this report MONTHLY FLOW SUMMARY Grays Bay Browndale Avenue Dam cfs) (cfs) November 4, 1987 0 15.5 It November 18, 1987 0 34.5 970.00 929,00 925.60 929.40 929.20 0 929 00 Z928.80 926.60 926.40 ° 920.20 928 W 927.80 927.60 927.40 927.20 927.00 07�,A-e6 Minnehaha Creek Watershed District to Ulko water Elaw - 1986-1987 RUNDL ELE•.AnQW9286) V lN(E ElMTICN 2s-.wr.-e7 11 �„y-e7 0.t. ... ...va.... ••..........y.. . .'u 6i°Ni.........Mt^[E@kk..s. ------- V-Fe 88 Date Eavat:y F:t. Dale E:evatim Eat. Data E:evat:m Fla Date E:evatlm Fla. 26.6e0'B6 921." 100 24-%v-U 93.44 0 I:tim-37 -VAS 0 --i-Aug-37 ra.6: 0 'e-h7-lY 93.M = OB-Dv-E6 9:9.4: 0 A-.Iz-97 Mfi", 0 ::-Au;,-27 923. f: C 01-w-4 MID 1:0 16--:c-B6 9:?.40 0 01-Jul-?7 927.^ 0 0: _r,-?7 5:9.:: 0 OC-0tt-l1 93.90 1:0 09-:c-?7 r?.3 0 06-Jul-37 99,49 0 C?-Sa; _C r?.:: 0 C6-0tt•U M70 1:0 2:-:m-?; 9:1.T 0 14-.1:-?' 177.4, 0 :4-U; 7 9:5.43 01-Cet-N CS.6: :0-s-E7 9:2,:3 0 16-:a1-37 927.C7 0 IB-Sa:-?7 r3x C C9-{k;•k rB.6. 'v -'a:- . r?.A) 0 - . r7.7: 0 21-51; 9:B.47 10-xt-46 MAD ?•4_ ?' f:3..^. 0 2.-:.:-57 9-.7.71 0 .7 r3.44 0 r-B.?0 71 -0a:-?C CMN 0 :4-; !-- r8.62 0 3-h; 7 I'M: 0 x !s 92B.r. N a-•:.--r 9:7.^ a r.-:cla7 "..7. '1 0 0!-3ct-97 r?.:' 0 1:-Cet-IS 9'M! 1:-"1'- ' c-c -- n 'e_::'_n ;:3.7' 0 12-4t-r 9:3.:? C 7 C 91-79 C :6-Cct-V 9.?.:6 0 1:? • r=:-c' 5:5.E: tic:• 5:5 'v r?.3: 0 ORONO SCHOOL BOARD David MeK... Chaiookan 479-1692 Don AnAation. Vice Chinookan 479.1910 Lucie Taylor. Treasurer 473.1189 Ki6y Crosby. Clerk 478-6057 A. Frsnki.. Motown, 479-2150 John Martth. Director 475-5197 On January 29. 1966 a luncheon will be held for the faculty end .,.it for the put".. of recognialag thou omplw- of the Orono School District who have completed twnty-five or wee years of sweeten. It I. mp hope tme are can .eke thtA An .....1 .,.at which el ... 1..pptetl.tlen for dltact and lndlrect .eeetee to the atudeat. of the Orono Bob.le. no first listing of honor... I..ludea only teacher. stare other ..,love.. here not .. of yet tt.l..d twoty-five years with the School District. it alma include. Individual. who.. Armed. twnty-ffv. y..I..i.e. this Is our first recognition event. Me teacher. As ncobn lie on Joan.ry 29 hew I ... had the it,.. of th.... ad. of at.d.nte. It an alrmentery teacher Work. with twenty -flue students par year for twenty-Ilvr Y.are..asw 625 student. • . tonight by that teacher. Md. It a secondary teacher Works with 125 students par year for twenty-five Y.Arm the total f. 5.125 .,Went.. To be sure. the number of students the teachers have taught ar c ..lime I. is, wmp r...l. More ir... is.. wes hores is the 9u.Ilty of that teacher -student Interaction. Our efforts at recognition are not Intended to AH rely salute longevity or seniority. Bather, ue wan[ to acknowledge long career. of compatut professional Y,ViN. Since my wee ties with the School District can be counted In month. rather than years. (1 don't vats the r.co8- nitlon list for another tw.nty-thr.e and one-half y....1. 1 has. eHliated very Soon! Mlp In bringing recognition end .om. Ion into this .,.at. Nigh School Science teacher. Harry vac Wyk. and Nigh School Mathev[fc. towcher, John Semudse., Me* agreed to M faculty speakers for the even,. Contact Ma also been made with too stalwart. of the School District, to rear Sup.ri.... dent. BY Me.bl.., end Principal. Myrtl. Schumann. Roth haw. agreed to provfd. t... d or Wr lttin n.,k.. All of the teachers on the list war. hired by either Mr. Mahlon or Mr. Mahlon and Mu. Schumann. To the pain,, than, 1.1 u antntelau and offer but Wish** to the fallowing faculty umbers for their long and dedicated .. eelce to the students of the Orono Ithool District. Him BEACH Nigh School Ca.... lot 25 years ELLAYNE KORTUEM Nigh School Phy Ha 25 yaws CLEO SLOCLNDML Middle School Caton.. lot 28 year. HONMID LEROML High School Muafe 26 pars MARVEL SONGANr Elementary Principal 12 year. PERSON LINN Mlddl. School BCWMA 27 pate JERRY SORCERY Nigh School Social Sri.... 52 ..... TED LOCRwOOD Middle School Counselor 29 yarn DON BOYLAN High School Meth 50 years RON NENWfN Nigh School yor.iS. Map 25 ...r. PAT HEADLEY High School Suefnea. 26 yea.. JOHN SAMUELSON Nigh School With 25 ..... JAM JACOBSON Middle School Srienro 28 ..... WIRY VAR WYK Nigh School Sri.... 10 yarn ARM JENSEN High School Ltbr.".n 27 furs MARSHALL wi.TTERS ys rholag/w 28 year. GLEN JOHNSON Middle School Mu.1, 25 yarn DAN WHITMAN a --nary Gted. Tk,se 28 .or. JOAN JVLSROD Mid4o School Me,h 24 "or. JEAN WRIGHT adi.. School ng Disabilities 27 yea.. Dr. Thnms. B. Mich 5up.. lnt.nd.n, GUJDANCE AT A GLANCE Upcoming Test Dates SAT Jan. 21, 1908 No gin. Deadline Dec. 18, 198T Mr. 19, 1998 Regis. Deadline Feb. 12. 1988 ACT Feb. 27, 1989 heats. Deadline Jan. 29. 1988 Financial Aid Marine for Parents of Seniors Financial Need Ate lysis (FAY) or (FFS) forms are available In the high school guidance office. ime old parents in filling out those forms and understanding the pran.N of financial aid. we have Invited Gary Mae to cover this vital area. Gary is a financial aid administrator at Noraandals Community College. M will be here in the auditorium on Tuesday. Jan- uary 19 at 7:00 p.m. M gives an interesting and if. IF prs.&ntail.. and as hope You c attend. Par- ma of und.gr.d..... .I. also Invited. Junior'. Po.t-Mcond.ry PI... In New I. he time Men Junior. should beat. to e.plor. post high school educational Institutions. The golden.. fit.. Me men, search n....I.. in,ludin{ humorous college and vocational school catalog.. she DISCOVER computes on herd disc. the LESS La.I Disc Cents. and frequent visit. from college represents - live.. LIN LASER DISC CENTER NOW AVAILABLE IN THE GUIDANCE OFFICE - THE NUT NEST "ING TO A COLLEGE VISIT The guidance office Me . [aladlon monitor and la - or disc unit available for use by all students Inrmr- ..trd In Mving . campus tout right her. at Orono. Appro.Wrdr y .let, schools • . included on a arise of video dices. Each tour is about ten minutes in length and includes mooting students and professors. attending classes and extra curricular • ent.. learn - I" .bout academic curriculum and student lid. and same visit. to the off campus community. II [.ko less time than reading collage brochures and it's more tun. All .,.dents. especially Junior. and son - far .. ... .. I.I.g.d to veil Ibemmalv.& of this new call., .earth periodically we will be receiving additional disc. that will lace.&** the total number of colleges and schmod I. our old.. ilbl.l. Student. may not 1. check back ..costs. 11, to ... if as call...& have be.. added. Nigh School Guidance Co .... I... 471-0472 Call With Tour Owstlu. Mrs. betty Beach All students with last hors A-g Mr. Tom Nabo.ten All students with last hors L-Z U of M CLA DEADLINE The Cold, of Liberal Art. his ... February I as the priest[, Nsd11. for freshman ad.i..i.a a their school. CY I. the [a...&. college within the U of N Mn Cities e.1ue tab Includes two-thirds of all f... hose. A"Itnnt. I. encouraged to apply but *It this "wilt. In ardor to be ..rant..d full 1.n.Id- area fr. ImettWed .1t calumm GUIDANCE: AT A GLANCE (,.It iced) Eighth Grade Parent Meeting A pre -realer rattan program will be held in the high school suditoriu. oa January 12, at J:GD p.m. Each year thin meeting Is held prior to registrelon to Ac- quaint parents of incoming ninth grade students about high school graduation requirements, curriculum, ex[ra- rrlculAr er[ivltlen. end oIn., high school opportu- niIf .. Student. or. set...Ithwgh the cutting I. .....[Lily for paten,.. Nigh School Registration to begin for 1988-99 Student. In grad.. nt... ten, and cloven will begin registering for the 1988-89 school year on January 11. Each t.dent will at indlvidu.11y with [heir I.... - color to form ll[e the courses they will take nextyear. If parents wish to participate in this registration prow ss. they st sold check With [halt student as to the .Pacific Ley read it. of the meeting. In addltl,n to regular registration. ninth Baders are required to coke up a formal three year plan of the coo.... they prop... to take In Grades ten..1..... and twew.. T'hI. Fish .us, be reviewed .ad .Itned by , p..ren[ and submitted At rho rise they register. Students will regi... I in the following order: Eleventh graders January II - 15 T ..h Bred.,. Jesuaq IS - 21 Ninth g,ad... February 8 - 11 Eighth Braden will register at the Middle School through that, tutelar. All parent. will .... Iva copies of the schedule. we tied boom before the and of My. At that ties adlua[cun[s can be ode before finalist.{ of the schedule*. Way .ts Win,., Night School Opportunity A night school make-up course will be off ... d at Nay - sets High School stating in January. At • writing .Pacific .men data hem not be....1. who will be short credit. far {,adu.ti.. an, aside, this option. Sea your counselor for fur. Intorme- tion. MID-NIRTER PUM FEET The aOrononnual Element try PA d hevtnt its annual from vat on P.M.tto 5: February at b (rem 1:00 eto 5:00 This is the DTano Middle School. This the PTA's meoor fielder with proceeds used to fundnd fella trips for each Car- nival c and intermediate school slum. Ike land Car- .ival ckie caranns .e Al aM .meson dndbere. and Jim .ad Jmekl. Ana.,**n.r In conlunctlan with the Carn(v.l I. . raffle featuring many prizes Including a bicycle. Battle tickets may Be purchased from any alemost ay or lnssrrdten .drool student or at IM Carnival. KA Co -Provident, Linda Dill... f. In cMrgs of the .file. We'll have tat. of fun, aria. eke food. and r see looking IorWird to mead, you there. M our. to P.I 11 oa voter cut do, end tat. u.. EARLY MILDHOOD HEALTH AND DEVELOPMENTAL SCREENING Wring the reek of February 2E-26. 1988. Early Child- hood Health ant Developmental Screening will be held in the Orono School District. Children ages 5j to 5 yearn of age are eligible for the screening which Includes Mlght, wlght, Marl vision and dental health, grea. and fine to, skill.. conceptual and communication skill., and a wart. of the child's health history and Immunisation status. Th. stesening rill be conducted by the 0mn0 educator and Malth professionals who with the State Sopertmm.t of Health Vill train volunteer. to &..let with the .coming. If you have a child In the above age group you will be contacted or an appointment for the Early G11dhood Health and Davolopmenul Screening. Joann Re. Early Childhood Health and Mv.lopment.l So taeaITS Coordiornr ROCKET BOOSTERS PANCAKE BRGRPAST AMD AUCTION TM Orono Rocket' Meet ... ..... I P.oc.ke Breakfast cod Spent Auction is scheduled for Sunday. January 34th fr. 8i00 .... to lids p.m. to the Oren. High School cafeteria. Ticket prices for the breakfast will be 11.50 for adult.. $2.00 for child,... anal children 5 year. old and under are free. tickets CALL M Par - Thomas from the hockey ptoy.,. nr at the door. An auction. ,high was s nee attraction last year, will be held or .:00 p.m. for the Israel dons,ed it... M in the past, rhare will be a ,.Ill. for adult. and for children. no adult raffle pries will be $1.Dds cash. The children's raffle pr5... will be . boost". a keyboard, ..root., and an Rotondo nt.,talnmenr cents,. NP PETER LUPORI AT SCds11AMN ELpQ aY Wring the week of January 11 - 15 us will once apeln have Peter Lupori from the College of St. Carter is r Artist-I-Reaid.nea at $cheese.. Elementary. Mr. Lupo,{ is , renowned .culptor and w or. privileged to have him spend n week with us at Orono again this year. PuditE for thl„ residency comes through the Orono Education fond upich 1...spurred by our Orono Coamm- nitY• He think you for providing these wonderful ...filament. to ..ear pi,.".. Per Sheep All Teacher ORONO SENIOR NAMED TO ALL - STATE BOYS SOCCER TEAM Senior, se❑ y the State co-upteln of the Orono by'. Soccer To", has bean chosen by do Sues Coach.. Aea AssociationMoto for the Aor. Mr. 1 Motor t ird Vary stored 16 {orb and o.[ op 6 of Mn er ht. third coach season. tN. I. o of .M1o.. Plead.s to b any work. wind like hum le kid." 0 ..0 good lesdaa.. Men works 1. i humble kid," Orono coch. Low 11 Seashore, acid. In has sts it, calls,. Mikle thus hit tars ]I Sods and bad ES assists. ..eau PARENT MEET AND CONFER Parent Meet and Confer will be hold at yids p.m. LL Monday. February 1, 1988 In the District office Meting loon. TM meeting 10 for any District resident with suBEastlona. Sues [ion., or concerns to be discussed. Agenda items my be called in to one of the following merle...: Dun No.... 499-1929 or 593-60E1 Carol Rol.nd 479-1144 Carolyn Smith 475-Ids3 VOLirt[E6RS NEEDED MR MIDDLE SCHOOL THACM-Itl This year the Middle School he. celebrated the bi- centennial of the Constitution of the United State.. M would like to plan one more event in February or Mrch, a teach -in. no..ch-iwould be taught by volunt....rent.. Topic. taught would calm c. the Constitution - Articloo, history. People, the Bill at Right.. at.. Firm teach-ln wind Is., I - 1 hour., depeding w the number of volunteers. If you would Ids to help. please contact Ill. Warren So Leon, NI -Tim. sees.. MONEY roe CAPRI Last Hennepin Recycling Commission to me., Paying for bi-matal beverage cons, I.A. beverage case, ad acres aJoel.. at [hair mebit. act..: let Eat. Loretta, 150 Rahway Street td Mt. Maple Flats. "PC Ird Eat. Orono Middle School Parking Mt Highway 12 and Old Crystal by Ease! Ain sat. tlmearv. UP. U. 19 and Cry. Y. 15 Those after Nil be ogee fr. Rids .... to 12 mew. For further information, call Carolyn Smith At 475--4643 or 475-1005. 0la rlct Aa iv hire 1 A BB Claeeu Rasuu 6 ContCommi......... EducRove, 110.tim Meg. M.B. Boom IIO.................3t1S Mrs. H.S. p.m. 11 Board Meet lag - M. S. Vocal Music bee .......................... I'M P.m. 15 Nvel.trer Nadllw 1s AIDS Community Meeting - M.S. Wdirect........................... 7100 P.m. 24 Hoe May gcoeter. Breakfast - H.S. uf.tirl.................. 8:00 ....-1.00 P•.. 25 bud Meeting - M. S. Vocal Music Boom .......................... 7:00 P.m. 29 Bud of Seat - MO SCHOOL Sl.r.ta[ A[tly t[fe. 1 5 ENme- let ead Iota. Went...A Nord deg. - la. A Ria" Wncts Meting IS p.m. I Zlarnebry PEA Boom ...mu N..... B.C. Library ........................ /: 15 P... I1-I5 Sculptor-In-NaPncs - Pa car WPor1 19 Cho pskate Party Patty "A ZZ Zoomabtls at S.C. Intermediate ..it Middle School Activities iN Bound 1 Sp.11ine N. 18 PAC Meeting ...................... 7:15 p.m. 5 Wrestling at Round .................. 000 P.m. M.B. Girl. Basketball at Harnett. Blsrnury/Ines c.sdNt• "A Board Meting 1.8......................... 7,15 P.m. 7 M.B. Girls I•akstball-Hutch - R..... 3g0 p.m. 12 M.S. Girls Naarbd l-LTesN - M.... 3:30 P.M. M.S. Wrestling at Shakop............ A: 00 P.m. 13 Wrestling - N....................... A: 00 P.m. 19 IS/Ms Martin Luther Ring Assembly... 8,30 .... Wrestling at Chas" Jr.Hlgh......... A: 00 p.m. MS PAC Meeting ...................... 7:30 P.m. 26 IS R.a.rd Day 27 Its UPS Day Hil h School Actlulr/as 1), Hoc toy at Lilcbtleld................ 100 P.m. Wrestling - Ba lama - H............. 7130 P.M. Gymnastics - Bass.1 - H............. 700 Pa. 7 Hautboy - Chas" - H................. 700 p.m. a Buys Ba k.tNll-Ruff.l.-H........... 7.30 P... Girls Basketball at Buffet.......... 7: 30 P.M. 9 Rocks7 - Brad - M.................. 7, 30 P•a. Wrestling at bpkIw................ 9200 a.a. Ow -Art. H Gymnastics - MGGOA Invitational 12 Mockq at St. Anthony ...............•: 30 P.D. Wrestling at Shakopee...............7:30 P.M. boye Basketball at Delano........... 7:30 p.m. 14 LYmnu[Ire - Round - M.............. 7:30 P.m. 15 Sole Basketball - W.—L.-0........ 7:30 p.m. Girls Basketball at W.xonta......... 7: 10 1•a. 16 at Moved ..................... Mucks, at 3:00 p ... Gyra.tics at Glen[.. .............. 12:00 p.m. 19 Hoc pay - Litchfield - a ............. 7:30 P.M. Boy. Basketball - Brack . N......... 7;30 P.m. cymaaafcs-Boa Lewis Park-1....... ..7: Jo p.m. 21 Wrestling . Buffalo - M............. 7: I0 p.m. 22 Mackay at Buff.lo................... 7: 30 I•m. Mr. Basketball at Bat[hfeama....... 7:)01... Girls WNtball-Rutcbiwars-■... -... It p.m. 13 Gymnastics at Warert.............. 1.00 P•.• 20 Wrestling - Brack - M............... 7:30 P.O. Girls Basketball at Litchfield...... 7: 30 p.m. is Girl. Basketball - Chas" - 0....... 1130 P.M. • Gymnastic. at %flat................ It V 29 T...N, Work.wit Wrestling - Came" - ■.............. N 30 p... Ron Wketball at [ham........... 1tm L.. W Bamr ar Mmcbin.................. 1: 10 L.. gee.far Martine - Meve".r 9. 1907 • Approved the appointment of Carolyn Parlay as a part-tlma management/non-Inatructional ate. At Schumann El..eaCary School. • Approved a variance request for Dam Joraw- son, erne. 12, to complete her education at Orono Schw 1.. • Proclaimed Beeeab.r 15-20 a. American Hu- ratlon Weak for Ch. Orono School. with the inclusion of the proclamations from each instructional level that were presented to the bard. • Approved the Corrective Action Plan to be submitted to the Mbmssot. Department of Education regarding the Special Education Audit. • Expressed appreciation to N. Occult for Mr r.p.rt/a.p.[cis. 1n dlrarting/lq roving the Special Education Department over the years and the bard .q... red the she also sap.... ."'tea l.ti.n to has left for An ..ull•nt job. • Accepted the bid of Ryan Pe-d for the replace - sent of the School District @region wagon for handicapped transportation. • Approved a CMass in the insurance clause In the Moods Academy lease, low ring Ch. liabil- ity c vers$* requirement from $3.OD) .000 to 11,000.000. eve Can c• Yr. 1wo•o wor u. t. town.. u ante.... City OG 0r0r.0 P.U. 80. 66 Crystal Bay MN 553c3 LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 DEC ?o1937__ L.M.C.D. MEETING SCHEDULE January 1988 Saturday 1-9-88 Water Structures 6 Environment Committee 7,30 a.m., LMCD Office, Wayzata Monday 1-25-88 Lake Use Committee 4,30 p.m., LMCD Office, Wayzata Wednesday 1-27-88 Regular .looting, LMCD Board of Directors 7,30 p.m., Tooke Bay Village Hell 12-29-V MINUTES OF THE I D I i@ IE U� LE L.M.C.D. MAYOR'S MEETING ��1 MINNETONKA COMMUNITY CENTER �JJl SATURDAY, DECEMBER 19, 1997 1 An informal meeting of the Mayors and/or their representatives of communities composing the Lake Minnetonka Conservation District was held at the invitation of the City of Minnetonka. This is a follow-up to subject matter discussed at previous meetings hosted by the cities of Mound and Tonka Bay. Those in attendance: Bob Rascop, Mayor, Shorewood S Chair, LMCD Jim Grabek, Mayor, Orono Bill Humphrey, Mayor, Wayzata Wally Clevenger, Mayor, Minnetrista Jerry Rockvam, Mayor, Spring Pakr Gerry Schmieq, Mayor, victoria Bob Pillsbury, LMCD, Minnetonka Peter Hill, LMCD, Victoria Gen Olson, Senator, 43rd District Dirk DeVries, Representative, Metro Council Jack Mauritz, Staff, Metro Council Larry Donlin, Mayor, Minnetonka Also in attendance were Dave Cochran, Tom Maple, and representing The Sailor Newspapers, Ms. Wright. LMCD Chair Rascop reviewed with the group proposed changes to their legislative program. Items effecting enabling legislation which numbered six will be deleted leaving seven points that will be pursued. These, along with the matrix suggested by Senator Olson at the September meeting, summarizing the municipal response will be distributed to member communities. Discussion ensued after Dirk Devrles' comments and observations. At the conclusion, the consensus was to instruct our respective LMCD representatives as follows: a. To delay execution of the contract preparing the Manacement Plan for Lake Minnetonka, and to request full funding for same from the Metropolitan Council. b. To change the RFP, requesting completion within a time frame of less than three years and as close to one year as practicable. MINUTES OF L.M.C.D. MAYOR'S MEETING SATURDAY, DECEMUER 19, 1987 PAGE T•VS_ a. (Continued) Rather than discuss the rationale for above within these minutes, those communities not in attendance are invited to contact any of the above for clarification. The meeting adjourned at approximately 11:15 A.M. MINUTES OF TH6 PENNING COMMISSION MEETING HELD DECEIDO 21, 1987 ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Johnson, Hanson, and Taylor. Bellows arrived at 7:03 F.M. and Cohen arrived at 7:06 P.M. Brown was absent. The following represented the City staff: Building i Zoning Administrator Mabusth and City Recorder Peterson. Councilmember Goetten was also present. 11232 BETE SUILDOS 60/100 STORES RAT ROAD SOUTH CLASS III SUROMBION PRHLIMURR! PLAT PUBLIC OARING 701-7:07 The Affidavit of Publication and Cortificate of Mailing were noted. Present for this matter were: Tom Betz, owner of 100 Stubbs Bay Road South; Surveyor Mark Gronberg; and Clement Kroll, owner of 60 Stubbs Bay Road South. Mabusth explained the proposal for a 5 lot division of 2 parcels - Lots 1-4 average area of 2 acres dry ..nd Lot 5 consists of 12+ acres for future development. As part of this review, staff recommends extending the road outlot to the east boundary line for a future through road to Leaf Street; and also to exclude the area of the retention pond from the dry buildable. Kelley noted that application was incomplete. Mabusth confirmed that staff could not recommend approval until applicant files a formal application with M.C.W.D to review drainage and grading plan. Tom Betz stated he was not aware that this needed to be done prior to preliminary approval. Mabusth advised applicant that if Planning Commission recommends approval at their ner+ nesting on January 19, 1988, the application could bt ,.ent directly to the January 25th Council meeting for approval. Kelley stated he had no problem recommending approval subject to meeting the storm sewer detail recommended by the City Engineer; and extension of the road outlot. Tom Betz stated that the extension would impact the buildability of Lot 4 w„ich already has some adverse conditions within it. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 21, 1987 11232 B✓_TZ BUILDERS• CONTINUED Kelsey suggested bending the road slightly to the north (into Lot 5) to accomodate the extension of the road outlot and not affect Lot 4. Mabusth explained for Mr. 6 Mrs. Kroll the need for the retention area to assure that the drainage does not impact the other adjacent properties. Kelley stated that Mr. 6 Mrs. Kroll could review any concerns with staff in the interim until the next Planning Commission meeting. There were no other comments from the public at this time. It was moved by Kelley, seconded by Bellows, to table Application #1232 until the January 19, 1988 meeting per staff recommendation. Motion, Ayes 6, Nays 0. 41231 OLAI HANSON 4 FLORENCE K. GOLDEN 1380 a 1390 RAILROAD AVENUE SUBDIVISION Or A LOT LINE REARRANGEMENT PUBLIC BEARING 47:32-7:34 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request for a lot line rearrangement required by variance application 41056 approved by Ccuncil on 9/14/87. Debra Page, Attorney for Olai Hanson and in this application representing Florence Golden was present for this matter. She explained the revised survey as requested by staff. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Kelley, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. 2 MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 21, 1987 11201 M. HILBELINK/J. VOGT 320 OLD CRYSTAL BAY ROAD CLASS III SUBDIVISION PRELIMINARY PLAT SECOND REVIEW Mike Hilbelink and John Vogt were present for this matter. Mabusth explained that this application was tablzd from the September meeting pending submission of the necessary septic testing to confirm adequate suitable area for principal and alternate on -site sewage systems. All ten undeveloped lots have been confirmed as meeting the required standards. She noted the following concerrs regarding the preliminary plat as submitted: 1. Lot 1, Block 1 seems crowded and felt additional septic testing should be done. 2. Because of the extensive wetland area in Lot 6, Block 1, recommend rearranging the lot lines of Lot 6, Block 1 and Lot 2, Block 2 and realigning the road to provide more buildable area for Lot 6, Block 1. 3. Recommend additional septic testing done on Lot 7, Block 1 because of the tight building site. It was noted that the soils on this 6.1 acre lot could not possibly meet the standard• for further subdivision. Mike Hilbelink stated they plan to sell all the lots independently. Kelley felt the future owners of these lots should be advised about the potential septic problems on these lots. Mike Rilbelink stated that the type of septic system would be included in the advertisement for each lot. Bellows noted her concern regarding the overall site drainage. Mabusth explained the drainage plan proposed which she added the City Engineer has approved. She recommended that the following statement be included in Planning Commission motion recommending approval: •Site grading and directing drainage per approved plans when developed is key to success of this subdivision•. MINUTES OF THE PLANNING COMMISSION 1=TING HELD DECRMBER 21, 1987 11201 HILBELINN/VOGT CONTINUED Applicants requested a variance to the required 28' road width to permit a 24' wide road. They noted that Golden View Road is 24' in width which seemed excessively wide and not necessary. Fox ,..fety and future planning reasons, Planning c._.vmission felt the 28' paved road width should be maintained. Cohen. 6 Bellows felt revised drawings reflecting Staff's recommended changes should be submitted prior to making a recommendation. Johnson felt a recom 'ation with revisions to be made prior to Council rev' -juld be made. Mabusth noted that the only revision being requested is realigning the road between Lot 6, Block 1 and Lot 2, Block 2. Staff would like additional septic testing on Lot 1, Block 1 and Lot 7, Block 1, however, the testing submitted is sufficient for preliminary approval. There were no comments from the public regarding this matter. It was moved by Kelley, seconded Dy Johnson, to recommend approval of the preliminary subdivision per staff recommendation as outlined in memo and subject to the following: 1. Realigning the road between Lot6, Block 1 -nd Lot 2, Block 2 to allow an adequate building elope for Lot 6, Block 1; a. Additional septic testing done for Lot 1, Block 1 and Lot 7, Block 1 as deemed necessary by M. Gaffron. Motion, Ayes 4, Nays 2. Cohen and Bellows voted nay finding the realignment of the road a material change that should be reviewed prior to approval. Motion carried. 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 21, 1987 #1214 RICHARD ZIMINSKI 1095 NORTH BROWN ROAD PRELIMINARY SUBDIVISION 88COND REVIEW Mabusth explained that staff has confirmed that there was no sign of septic drainfield lines within the ditch area. She noted that applicants propose to change the lot line slightly which staff finds no problem with. Karen Ziminski was present for this matter and was concerned about the time allowed to remove the unused extensions of the existing driveway because they plan to sell the two lots. Mabusth recommended a spring deadline date. Planning Commission felt the deadline date should be prior to actual sale of the properties. It was moved by Cohen, seconded by Hanson, to recommend approval per staff recommendation subject to the removal of the unused extensions of the exi.sting driveway by May 1, 1988. Motion, Ayes 6, Nays 0. Mabusth advised applicant if the house is sold prior to removal of the !xtensions and May 1st deadline, they would have to submit a letter of credit and developers agreement. #1229 RICHARD E. HANSON 3826 CR RY AVENUE VARIANCES PUBLIC HEARING 7:24-7:29 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request to construct a 3-season porch to the east of the existing structue with 5'x 18' deck on the south of the porch providing access to the yard from both the porch and house. She noted that moving the porch addition further out of the 75' lakeshore area would require the removal of a large 200 year old oak tree. She questi,)ned applicant about the plans that show sliding glass doors on east side of porch with no steps or decking. Richard and Betty Hanson were present for this matter. Mr. Hanson stated that the sliding doors are for total ventilation and they do not plan any further decking outside of these doors. 9! MINUTES OF THE PLANNING COMMISSION MEETING HELD DECE14BER 21, 1987 #1229 HANSON CONTINUED Based on several recent applications for hardcover and/or setback variances to allow decks outside existing sliding doors, Planning Commission felt there should be an alternative of windows in place of the sliding glass doors that would allow the needed ventilation. Mr. 6 Mrs. Hanson stated they could talk to their contractor and use windows in place of the sliding glass doors on the ea: de. Kelley asked if any additional hardcover could be eliminated to offset the 12 s.f. of steps? Mr. Hanson stated they would remove an unused outdoor fireplace located within the 0-75' area totalling 18 s.f. of hardcover. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Cohen, to recommend approval subject to a_lcwing a sliding door at the steps/entrance only; and removal of the outdoor fireplace within the 0-75' area; based on the these hardships: a) saving the mature oak tree; b) needing an access into the screen porch from the outside. Motion, Ayes 6, Nays 0. /1230 RAYMOND i SUSAN JOHNSON 2670 PHEASANT ROAD VARIARM PUBLIC HEARING 7:09-7:14 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request to construct a 3-season porch at the southwest corner of the lakeside of the residence. Applicant plans to concurrently remove an equal amount of hardcover within the 75-250' area to offset the hardcover increase in the 75-250' area by the proposed 3-season porch. The plan submitted shows no exterior access, however applicant has advised staff that they do plan a 4' wide deck access area. Raymond 6 Susan Johnson were present for this matter. Susan Johnson showed the Planning Commission her drawing indicating the areas of hardcover to be removed which includes a patio area that they do not use because of the mosquitos. She noted that their surveyor will revise the survey reflecting her drawing. CA MINUTES OF THE PLANNING COMMISSION MEETING BELd DECEMBER 21, 1987 41230 JOHNSON CONTINUED It was noted that the most affected neighbor on the west has submitted a letter in support of the proposal. There were no comme_.ts from the public regarding this matter and the public hearing was closed. Bellows suggested tabling the application pending the revised survey. Kelley stated he would recommend approval subject to an equal amount of hardcover being removed. Hanson and Cohen stated they reviewed the site and talked to applicant and concurredwith Keiley recommending approval. Kelley asked applicants if they would be willing to remove more of the pp*io if they indeed do not use it. Susan Johnson stated that she has to review it further, however, she intends to reduce the patio size to provide for more garden area and would be agreeable to reducinq the patio more if it works out aesteticaliy. It was moved by Kelley, secrnded by Hanson, to recommend approval as py posed subject to concurrent removal of equal (or more) hardcover within the 75-250' area. Motion, Ayes 6, Nays 0. Mabusth advised applicants that staff must receive the revised survey indicating the areas of hardcover to be removed prior to scheduling their application before the Council. #1233 MICHAEL HALLEY HOMES, INC. 2715 PEMCE LANE CONDITIONAL USE PgRMIT/VARIANCE PUBLIC HEAPING 8:16-8:27 The Affidavit of Publication and Certificate of Mailing were noted. This application involves a conditional use permit and variance to allow land alterations within 75 feet of the shoreline. 1. Replacement of retaining walls and steps. 2. Alteration of the lakeshore ba „ to provide a more natural, consistent setting wit-'o the proposed walk -out ies i qn :+ouse. 7 MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 21, 1987 #1233 MICHAEL HALLBY HOMES, INC. Michael Halley of 11 Ha? ley Homes, In was present for this matter ed they have entared into a agreement with th; a to purcha3e 2715 Pence Lane. They are interested removing the existing structure and building a new home on the property. He noted the two adjacent neighbo-s' concern with preserving the many trees on the lot. lie explained that in order to build the proposed walk -out house and not disturb the 075' area, they would have to raise the house 9' by bringing in fill, which would be very difficult and the neighbors would not favor. He noted that the neighbors could not attend the meeting but will be submitting letters in support of their proposal. Bellows noted a third alternative of building a house with a basement and no walkout. Mr. Halley stated from a marketing standpoint, they would not build a house without a walkout. Planning Commission unanimously agreed with Bellows' third option. Mabusth noted for Planning Commission members and Mr. Halley that bringing fill would most likely require a conditional use permit. Mr. 6 Mrs. Mernik were present for this matter. Mrs. Mernik noted that the property as it exists has a drainage problem. Eellows explained that the creation of a walkout does not solve drainage problems. The drainage and allowing a walkout are two totally separate issues. She felt that the proposed extent of grading within the 0-7" should not be allowed. Mr. Halley indicated to the Planning Commission tha if a walkout design was denied, the sole of the propvrt, o him would not: occur. There were no other comments from the publi- and the public hearing was closed. It was moved by Kelley, seconded by Rellown, to recor end denial of the application as proposed based on insufficient hardsh4p Motioa, Ayes 6, Nays 0. It was noted that repair of the retaining walls by tFe ownet-c: w,.,;i ire a separate application by the owner as currrA&L app, rant is Michai�l Halley Homes, Inc. 8 MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 21, 1987 #1235 CITY OF ORONO 265 ORONO ORCHARD ROAD CONDITIONAL USE PERMIT PUBLIC BEARING 7:07-7:08 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the application for a conditional use permit for the City of Orono to permit the installation of an 864 s.f. accessory structure for equipment storage purposes at the Orono Golf Course. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by Cohen, to recommend approval as proposed. Motion, Ayes 6, Nays 0. ORDINANCE AMEND1=T - ACCESSORY STRUCTURE Planning Commissioner Cohen was not present for this matter. Mabusth introduced the proposed zoning amendment drafted by staff regardinq oversized accessory structures as a conditional use permit. Kelley felt that lots under 5 acres should be allowed to a 1,000 s.f. (2,000 s.f. aggregate) access:: structures; and over 5 acre lot, a larger accessory structure to be determined. He felt staff's proposal was too ambitious. Bellows felt there were problems with the category of vn to 2.0 acre lots and substandard lots allowing a 1,000 s.f. accessory structure. She suggested a formula that would contrul the size of both detached and attached accessory structures. She also suggested using hardcover fiyurps in developing a formula. Planning Commission recommended staff check with other cities regarding their standards for accessory structures. Bellows r problemss with existinq height I t l l ._ t. Z] MINUTES OF THE PL7';NNING COMMISSION MEETING HELD DECEMBER 21, 1987 #1236 O. LARRY LSE 1050 GARDEN LANE (N 1/2 SECTION 7) SUBDIVISION SKETCH PLAN REVIEW Mr. Krautkremer, who is assis-ing the developer in platting the property, was present for this matter. Mr. Krautkremer explained the proposed platting of 33 acres into 1 acre lots which includes properties owned by O. Larry Lee (the applicant), Steven F. Va lek, Ralph Winton Palmer, and Mrs. Karl Sollner; and possibly the Morgart property. Mr. Morgart was present for this matter. Planning Commission discussed the impact on drainage from the developmen, of the property. Mabusth noted that staff will work with the applicant on designing a plan for through roads and storm sewer. Bellows felt the final plan would result in a loss of a few lots. Kelley and Hanson indicated they were generally in favor of developing this area. Kelley recommended that Mr. Krautkremer f: •e the purchase of some of the property; have the ow of the other properties join in the application; isregard roads and submit 4 or 5 different plans for consideration. 1216 CLARK WINSLOW 1595 BOHNIC POINT ROAD AMENDMENT OF CONDITI(M AJ. USE PERMIT INFORMATION ONLY APROVAL OF MINUTES This amendment of conditional use permit presented to Planning Commission as information only. Planning Commission made no comments regarding this matter. It was moved by Taylor, st_j.ided by Bellows, to approve the Minutes of the Novemtx.r 16, 1987 Plannng Commission meeting as submitted. Motion, Ayes 4, Nays 0. Kelley abstained because he did not attend the November 16th meetinq. PLANNING COMMISSION REPRESENTATIVE Chairman Kelley was appointed to atter i the .January 11, 1988 Cuuncil meeting. A D, i► U RIIMU!NT 9: 3 0 P.M. 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