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06-13-1988 - Agenda Packet City Council - regular meeting
AGENDA FOR COUNCIL MEETING SET FOR %ONDAY. -#R 13, 1988, 7:90 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Pub a may be obtained upon request from the Recorder. ROLL CALL iUIN 13 19�8 1. CONSENT AGENDA* GITY OF ORONO 2. PUBLIC HEARING 7:96 P.M. - Woodhill Avenu11ii..e� Street Improvement APPROVAL OF MINUA S * 3. Regular Meeting of May 23, 1988 * 4. Reconvened Board of Review - May 18, 1988 PARR COMMISSION COMMENTS 5. Park Usage Survey LAKE 14INNETONKA CONSERVATION DISTRICT REPORT - JoEllen Hurr Representative 6. Executive Director Appointment PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 8. #1214 Richard 6 Karen 2iminski, 1095 Brown Road North - Final Subdivision - Resolution 9. #1263 James Rivers/ Windward Marina, 1444 Shoreline Drive - Conditional Use Permit/Variance - Resolution 10. #1267 Jane Levering, 1585 Sixth Avenue North - Final Subdivision - Resolution 11. #1269 Richard Noland, 1395 Orono Lane - Conditional Use Permit 12. #1272 Richard Heit, 1153 Elmwood Avenue - Variance 13. #1285 Eric Paulson, 2605 Mapleridge Lane - Conditional Use Permit - Resc..ution 14. #1287 ,James F. Brooks, 3785 Watertown Road - Variance - Resolution * 15. # 1294 Doug K1 int, T. Bernier 6 G. Barr, 3535 b 3545 Ivy Flace and 3034 Casco Point Road - Final Subdivision of a Lot Line Rearrangement - Resolution 16. Sign Ordinance Amendment ENGINEER'S REPORT 1'. Award of Bids - Woodhill Avenue - Resolution ir'.. Bohns Point Feasibility Study - Resolution MAYOR'S REPORT 19. �'ouncilmember Selection Process CITY ADMINISTRATOR'S REPORT 20. Request for Ordinance Amendment - Sol i-i t -it-r': 'lr,i inan_ 71. Request for Ordinance Amendment - Animal Control - Fence Height AGENDA FOR COUWIL MEETING SET FOR MONDAY, JUNE 13, 1988, 7:06 P.M. CITY ADMINISTRATOR'S REPORT Continued 22. Stubb's Bay - Feasibility Update 23. Building Code Board of Appeals - Appointments - Resolution 24. Marina Licensing - Rev.ew 25. Sewer Hookup Status - Crystal Bay * 26. Driveway Permits Ordinance Amendment * 27. Close Out G.O. State Aid 1979 Road Bond Debt Service Flid - Resolution * 28. Employment - Summer Septic Inspector * 29. 4731/4725 North Shore Drive * 30. Final Payment Hackberry Park Well * 31. Public Works Employment * 32. Salary Adjustment Dan Fischenich * 33. Resignation - City Recorder Pati Peterson * 34. Animal Control Officer Employmen,- * 35. Westonka Intervention - C.D.B.G. - Resolution * 36. No Parking - Fire Lane - Dickson Extension - Resolution * 37. Administrator's Information North Ferndale 3536 Lyric Avenue Crystal Bay/Shadywood - Swimmer's Itch Goal Setting Status CITY ATTORNEY'S REPORT LICENSES (33*) BILLS (39*) ADJOURNMENT TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: May 25, 1988 80SJ2Mi Woodhill Avenue Improvement 52588.1 � 4 11 r:7 J'Y'l 13 17 »�t Attachements: A. Woodhill Avenue Improvement Memo Dated 11/13/87 B. Woodhill Road Plans and Specifications Dated 4/21/88 C. May 28, 1988 Bid Summary - Woodhill Avenue D. Orono Letter to Woodhill Dated 6/7/88 E. Draft Resolution Ordering Project and Awarding Bid .F. Financing Alternatives ISSUES 1---'Ike-view. process and determine appropriate means to undertake the improvement based on activities to date. 2. Determination as to whether the project is to be undertaken. 3. If the project is to be undertaken, award of a bid to the appropriate contractor. 4. Determination if the process is to be undertaken of the financing includine any possible assessment of parties other than the agreed party who has committed up to 75% of the project. INTRODUCTION - At the Council's November 23rd meeting a public hearing was held regarding the improvement of Woodhill Avenue and on a 3-2 vote it was directed that further work be done regarding the installation of the project including preparation of engineering plans, bid and specs. At the Council's April 25, 1988 meeting they directed that bids be taken again on a 3-2 vote. This project was initially commenced as a precondition to the Woodhill plat subdivision in order to upgrade the public portion of Woodhill Avenue toa 22 foot standard and the City has an agreement with the applicants, MSM Inc. plus Woodhill Country Club that they pay 75• of the cost of the project. The original cost of the project as directed to be undertaken was $55,090. DISCUSSION Issue 1. Review of Process - Subdivision approval was c-ritingent upon an agreement for the improvement of the public portion of Woodhill Avenue in order to serve a greater volume of traffic to be generated by this development. Although the City does have an agreement from the developer who does have 40% of the street frontage on the public portion of Woodhill Avenue it dons not have what would be constituted as a petitic,n. Therefore in order for the project to be ordered as an assessment project, the 1 Council would require a 4/5's vote. The City however, could undertake the project on a 25% City 75% developer split at its own expense without the assessment on a 3/5's vote. The City does not have the agreement of the contractor to extend his bids, so that this matter could not presently be tabled beyond the June 27, 1988 meeting be considered as late as the CounciI's July II, 1988 meeting. The agreement with the developers make them responsible for the costs. Mr. McDowell has verbally agreed to pay his share as a lump sum and Attachment D is a letter to the Woodhill Country Club requesting a lump sum payment also. At Lhis time all lots are sold so there is no property of the development against which an assessment could be made, although the Woodhi 11 Country Club project does abut the road. (In order to have Woodhi 11's payment done as an assessment, it would requi re the necessary 4/5's vote for the project.) The project vote, ordering the project, in any less than 4/5's however, negates any subsequent vote to assess the abutting property owners apart from Woodhill and MSM (it ..could give them an initial basis on which to contest the special assessment hearing.) An alternative avenue and project direction would be to undertake the following process in advance of the public hearing: 1. Vote to cease the project's initial consideration from last fall. 2. Receive a petition from the developer. (Although there is no guarentee of receiving the petition - especially since all lots have been sold.) 3. Reorder the feasibility :study. 4. Accept the feasibi 1 ity study that has already been done. 5. Withdraw bids. 6. Hold a public hearing. At that point the City would be a position to order the project on a 3/5's vote. Issue 2. Ordering the Project - Once it has been determined as to the course of action the City chooses to undertake the next issue would be determination as to whether the project itself should be ordered with final resolve of the 3/5's or 4/5's vote issue. Should the City not choose to undertake the project at this time the developer would no longer be required to pay anything regarding the improvement directly. In the future, should the City choose to undertake improvement to this public street it will either have to do it at its expense or attempt to specially assess some portion of the project to the abutting property owners. In the case of a future assessment direct benefit to the six lots in the Woodhill subdivision may not be easily ., demonstrable, many do not directly abut on the public portion of the roadway. In addition to the concern with the present 16 foot width and condition of the road that an improvement project to the area will be necessitated in the next 5 to to year aryway regardless of the increased traffic. Issue 3. Bid Award - The present bids received have a project total of $47,900 which is approximately $7,000 under the modified Engineer's estimate from the previous project. Such would lower the costs of all parties involved (apart from the City) depending on the scenario that the City chose to undertake for financing if the project went ahead. Issue 4. Method of Financing -- As srated above the developer, at this point, has committed to 75% of the cost. It is his expectation to pay it as a lump sum. It then becomes a question of whether there is an assessment on the three abutting property owners. Prior to the subdivision the three abutting owners particularly the one furthest, had the advantage of being on a quiet, almost private road, as there was no traffic through there since the voluntary blocking off of that access by Woodhill in about 1975. While having the quiet repose of a private toad the property owners have not had to pay any of the costs to date for the maintenance of the road. (other private road owners have had to pay the ongoing snow plowing and upkeep of their roads and in the case of Nol lander Road are facing about a $2,000-3,000 cost to just bring the road up co City standards should the City choose to take it over.) While the increased traffic on Woodhi l l would not necessairly be considered s benefit from the property owners standpoint the additional width and stability of the road, as far a a,.,cess is concerned, is to some degree a benefit, and is the fact that a future improvement to this road may cost those property owners substantially more, should the Cite choose to assess a portion of it. The City would not have in the future a guarantee from the new subdivision as to its share of the payment. Please review Attachment F regarding potential financing alternatives. The layout as presented in the revised alternative should provide a means to limit the adverse impact on the property owners. ALTERNATIVES Issue_1. Review and Determination of Procedure A. Go through the steps in order to limit the needed vote on ordering the project to 3/5's as outlined above. B. Go ahead with the vote on ordering the project to determine if a 41/5's voty is avai 1<ihle. C. order the project on a 3/5's vote requiring the developer to 1 live up to the agreement but not assess any of it. D. Order the project on a 3/5's vote and have the City pay for all of it. E. Commence and conclude the public hearing and then determine a course of action. F. Hold and continue the public hearing and table further discussion until the June 23rd or July llth meeting. G. Not undertake the project. Issue 2. Determination as to Whether the Protect Should be Ordered ---- - -- -- - -- - - -- --- A. Order the project with a 4/5's if there is no petition in order to assets a portion to the property owners. B. Order the project with the 3/5's with the City paying 25% and the developer paying 75% in accordance with the agreement. C. Order the project at 3/5's vote with the City financing the total. D. Table E. Not undertake the project. Issue 3. Award of Bid (Agenda Item #17) A. Award the bid to Hardrives Inc. B. Table for futher discussion. C. Reject all bids. Issue 4. Determination of Financinq A. Undertake the originally agreed on percentages. A. Undertake an altered percentage of the costs. �'. Table. D. Do not undertake. RECOMMENDATION - it is recommer � `gat the City Council order the project to be undertaken on a vote and that the Counc:.l determine by separate action tht � iancing. It is recommended that the financing be as fo:lows: a developer pays 75% for a total of. $ 36, 000, the City pay about 1 5% and the three abut t i lg property owners split the difference on the remaining 10A for an average cost of about $ 1 , 500.00 PROPOSED MOTION 11 - Moved by , seconded by , that the Council desires that the project for Woodhill Avenue be undertaken with the necessary 4/5's vote in order to assess. Ayes __, Nays __ PROPOSED MOTION f2 - Moved by _ , seconded by , that the Council award the bid to Rardr.ives for a bid of with an eventual total of Ayes __, Nays __ PROPOSED MOTION #3 - Moved by , seconded by , that the Council determine the preliminary funding to be as fo3lows: MSM 751 - $36,000 Abutting property owners about 10% - $4,500 City of Orono about 15% - $7,500 Ayes _, Nays cc: John McDowell Woodhill Country Club 5 -tfT1 fAIvIZ N1 .L1168 1.1 �! TO: 'Mayor and City Count i I FROM: Mark Bernhardson, City Administrato�r�� DATE: November 13, 1987 SUBJECT: Road improvement - t•;ocdhill Avenue Public }tearing 7:00 P.M. Attachments: A. Feasibility Study Dated 9/23/87 - Follow-up Letter Dated 10/13/87 B. Agreement of Assessment and waiver of Irregularity and Appeal Dacr.d 10/5/87 C. Woodhill Avenue Project Progress Memo Dated 10/6/87 D. Public Hearing Notice/Mailing List E. Draft Resolution Ordering Project ISSUE 1. Holding of public hearing regarding proposed i►.iprovement to the upgrade of woodhill Avenue. 2. If deemed appropriate ordering in project. 3. Direct staff to establish date for hearing for imposition of the assessment when project completed. INTROD_UCT_ION - In order to provide appropriate access for the wooclhi 11 p:at, Woodhi l l Avenue needed to be upgraded to handle the increased volume of traffic. As a result of this, a feasibility study was undertaken to determine the approximate cost. The range of the originial feasibility study had the cost of the project between $50,700 and $61,680 depending on the alternative selected. This has subsequently been amended as the original feasibility study submitted by tLe Engineer was done in advance of soil borings being none on site. Because of soil borings, it was determined that additional expense would be entailed in the project and the Engineer is recommending a revised alternative II with some relocation of the road as alternative I is no longer cost effective. As a condition of the subdivision approval adopted on September 23, 1987 was a requirement that an agreement had to be reached with the subdivider regarding their share of this project improvement. Following negotiations it was agreed that the developer and Woodni l l Country Club would pay 75% of the total cost based on the original feasibility study not to exceed $46,260. Between the parties they agreed Woodhi l l would absorb 3/16 of the cost an,1 Mcr-)owell 9/16. As :>uch this represents a way for the special assessments to be spread up to the maximun, outlined above. The City expedited its consideration and determination of the appropriate amount for WUc.dhi11 and the developer in order to allow the ucve1oper the opportunity to construct the road before the winter. This has been accomplished and at present the road has been graded with the initial surfacing being placed on it. It is anticipated that the second surfacing will be pldced on it next spring. DISCUSSION Pro ect - The project has been revised based on soil borings with the i:ngineer now recommending a revised alternative II. Any increase in the project over the original total should be borne by the 1'i*y. It is expected that the revised alternative II will be below the original alternative I. Process - The following represents the process to be undertaken for this project. 1. Public Hearing 2. Consideration and orderinC, of the project. 3. Project bidding and award 4. Project construction 5. Project assessment in advance of October 1, 1988 Financing - As noted above the City has an agreement for up to�75% of the original cost from the Woodhill Country Club and the developer. As noted in Attachment C it is the recommendation that the City take 10% of the cost plus any expense over the original maximum $61,680. This leaves a balance of $9,252.00 to be assessed against the abutting property owners based on an equal share to each property. As such this would need assessment shares as follows: a. Jane Delaney, 1315 w oodhill Avenue - $3,b84 b. Mark L Mary Fox, 1230 Woodhill Avenue - $3,084 C. Jane McClaren, 190 Ororo Orchard Rd - $3,084 A ten (10) year assessment could be implemented with an approximate $310 per year principal assessment plus interest. Alternatives - 1. The following represent alternatives the Council could take at this point. a. Not do the proje..l. b. Order the project to be undertaken based on the preliminary funding plan outlined at,ove. c. Order the project in based on an amended financing flan and assessment date. 2. Direct staff to ::et an assessmc,r.t date in advance of the October 1, 1988 deadline for certification of assessments. RECOMMENDATION - To accept the revised alternative II for Wooc�hi-1� project presented by the City Engineer for the Woodhi11 Avenue Street improvement and to direct the City Engineer to prepare plans and specifications for the street improvements to Woodhi11 Avenue. It is further recommended that Council directs staff to set an assessment hearing date for an appropriate time in 1988. PROPOSED MOTION - Moved byl , seconded byt'), To approve the revised alternative II prese ted by the City Engineer for the Woodhill Avenue street improvements and to direct the City Engineer to prepare plans and specifications for the street improvements to Woodhill Avenue. It is further recommended that Council direct staff to set an assessmc,it•hearing date for an appropriate time in 1988. Ayes l,, Bays _ !$a 14,U 3 Sonestro_o, Ro_sene, Andedik r, Associates, Inc. 2335 W. Trunk Highway 36 Engineers 3 Architects St. Pouf, MN 55113 612-636.4600 October 13, 1987 City of Or(,no Box 66 CrvRtal Bay, NN 55323 Attn: Mr. John Gerhardson Re: File No. 13934 1400dhill Avenue Street Improvements (Dear John, flan i, fewnu,w, P. R.Ln d N. "., P l J...l'A ( 4..*114. P L R.wl)wd A 1,.6.8 P L R.. A.•dl I--, Pl I~ ( (A— P l (.I... R C,+.. P 1 A -A 4 lam. J..+. P I R,Au J M i.... I1 ).A.—kI. P! fAwr/J ( Qop.d. P I LrrA A R..•Jw P E MwA A 1h+.w. I l I.J A /.NJ P; A(. AMI I RY.Iq.+. Il R.M.1 M P/Hl.•r I•! W-1 U L.dc1.. 1, 1. IA.. W ft'e" ... P l M..A-1 CC LlA1A P/ A .... L Y J•o P ! J.— R Al.r+e P l A,.—.* P Awdr+uw P / A. A A Iw A.r w. P / M..A R R.1/., P I- R.aw, ( RA.u.I. A 1 4 16J.r1 E Ayr., f l 1, ..,( 1 ►w.+/. . i ( A.I . A I,.A.— i — Al /k..W , II..A.. A/ (NA sw" M lA..l.. We have obtained boil borings on the WrwoAhill Avenue Street Improvement Proi- ect. The sail borings indicate up to lq feet of organic soils in some areas. There are three options for constructing the street as outlined in th,- soils (port. The street could be surcharged t�, remove the potential fort ,ittnifi- cant settlemenL in the future. The organic material could be excavated out and backfilled with granular material. The street can be constructed over the existing embankment with the use of a stabilization fabric. The surcharging of the site doe, not anpe-ir to be it irnble ns it wo•.Ild re- quire closing the road for approximately three months. The excavation of the organic material is a viable option but gets quite expensive. We estimate that this option would add S75,000 to the project cost. Construction of the street on the existing, embankment would seen to he the most ,iesirabte alternative. The existing, roadway appears to `+e w,"te stable over tt,is area. We would not antis pate anv significant change in stnbil.ity 3s a result of the construction. We would anticiT)AtO some settlement in the street over A period of veara. The rural df,it,n oction through the low area vi11 mininiZe the maintenance prob- lems for the Citv. This new soilr infor-:iation will tenuire a change in the -iii¢n¢ent from that proposed in the prel;minnry report. Vt, wer,- originally planning to widen the roadway to the n.irth. we would now recommenA that the new construction he centered on the existins• rr1.u!wav through the low area. tie project costs could be increased by In percent as A result of aAditional tree removal and restoration work. if you have anv questions, please contact thi4 office. Yours very truly, g0!IFSTR(%n, Rr)SFNF., A01DERLIK i ASSOCIATFS, Irr. ve� e'r-�.A Glenn R rRC:li 7711e AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AIGRE'EMF.NT is nade this 5th day of October, 1987, between the City of. Orono (hereinafter referred to as the "City") and Woodhill Country Cluh, a Minnesota nonprofit corporation, and 14SM Associates, a Minnesota general partnership, (hereinafter referred to as "Applicants"). In consideration of the action of the City Council to approve the final subdivision of certain real property legally described in Exhibit A, attached hereto, prior to thf, City's final determination of costs and assessments associated with the Woodhill Avenue upgrade and in consideration of the benefits conferred by such upgrade, the Applicants agree to pay a fair share of such costs as set forth below. The improvements to Woodhill Avenue (hereinafter referred to as "the Project") include an upgrade to a 22 foot standard from Orono Orchari Road east to its connection with the private road to be constructed to serve the Woodhill Ridge development in accordance with information outlined in the City Engineer's Report for 1oodhill Avenue Street Improvement Project 87--3, dated September 23, 1987. Ir consideration of the City's action, Woodhill Country Club agrees to pay 3/16ths of the cost of the Project up to a maximum of t11,565.00. MSM Associates, also in consideration of the City's action, agrees to pa-y 9/16`hs of thcs cost of the Project up to a maximum of S34,695.00. Although the final specifications of the Project have not been deternined, the foregoin agreements assune a naximun Project cost of $61,680.0o. In the event the Project costs exceel t61,680.00, neither the Woodhill property, nor the MSM property shall be assesse3 any more than the respective amounts set forth above. rinally, the Applicants expressly waive objection to any irregularity with regard to the improvement assessments and any claim th-�t the amount thereof levied against the Applicants' property is excessive, together with all rights to appeal in the costs. CITY OF ORONO Jam( s R. Gra e Its Mayor STATE OF MINNESOTA ) J 5 COUNTY OF HENENPIN ) The foregoing was acknowledged before me this 5th day of October, 19,17, by James R. Grabek, the Mayor of the City of Urono, a municipal corporation under the laws of Minnesota• on behalf of the municipal corporation. �---- ��,�,,�, BUTY L. NFIIIST ' NOt3ry �llti�11C M, comrn;uipn.Rp;.�+A�r;l 17, i491 i WOODHILL UNT Y CLUB By? ST'�TE OF MIN%'i,SOTA ) ss COUNTY OF HENE1`PIN ) Tire foregoing was au nok•1F2:ged before tme this �'� de y of OcLuber, 1987, %.0 of Wocdhill Country Club, a Minnesota nonprofnor it on under the laws of Minnesota, on be , ..,.,.NI1lMMIt corp ra ions , ary P c v� M, c.r��,...� c.o E. F.. sa 11SM ASSOCIATES BY T s 1 STATE OF MINNESOTA ) ss COUNTY OF HENENPIN ) The foregoing was acv.71rwlerlgel before mo this day of October, 1987, by the d.�_ of MSM Associates, a Minnesota genera partners ip vtn r the laws of Minnesota, on hehAlf of the general partnership. r � �1 Ul lw�uii tC ` ` ►{ � 1 dA MCTARYiJEtKr-'' t a r f u!>1 c,_ tlh tEMp CCUfit+ MC,rWAW EI've. aww � 4562w •00W"' -2- EXHIBIT A and 12. "Auditor's Subdivision Number 307. Hennepin Coentl L. w^onso exCept thee fo to the plat thereof on file and of record tie the offioeo of the lowuw portions therec,f: an mr of Titles-" the County Recorder in d for said Hennep r kept Lust part of Lot 11 1n "Auditor's Subdivision Number 307, liennepin C xmty, Minnesota", described as follows: Beginning at the Southeast cc- Lot t in said Auditor's rk"ASubd"Auditor's sion Number 307, thence Exit along the extension of the South line of said Lo: 8 a distance of 46.6 feet; th&-cw th center line of SectiL: n 2, T.�hnp 117, Range 2'' a distance of 352.61 fe,_t to a point in the extms:a.-I cf the jruh Farailel with the North and Sou ,)reherly lliine of maidthe East 8:it oCsaid S,-,ut-hweste Lot aldistanc�eof 310 feetciLO the point erly lof beginning. of 47.83 beet to tine t�rtherat corner o[ sc:.: i,ct B; zence Sou crept )at part of Lot 12 in "Auditor's Subdivision Number 307, Hennepin County, Minnesota", described ce follows: Beg:nnlnt at the point11 of he and .ntersec".icn of heNortherlyyline of Wt 8 in tie NorthersYl use o raa.d Lut 8sto the angle0point tntt1:e NortherlyolLinecenter senSline :u�Sec tnton ZbcTnt 'S feet aryt, I.,.: thence sat of the me;st westerly corner of said Lot 8; thence pbrt2:westerly 32.2 :set to n paint 204.74 feet Senuthwesterly ins the pout o[ tug:rr.:nt: lne nee brthe"t.erly 204.74 feet to the point Of LegInn"' urpt a tr:arntuLes tract of land in Lot 12, Auiitor'e R,iz ivision cumber "sJ1, Hennepun County, Minnesota", described as follas: Betutn:rII at a o:nt in the dividing line between Lots 3 "-1:!tlin sa.,nlonSlttoor's Sudun¢t mine be�ruee:t30aforr yd Lm,L� 3rarnd.l feet northerly flan the r><ttt� ��le .orner of Lot 4 in said SuLc_lviaian: thence " a ctiutanfle of 57 feet t:j smther otnt in amid divid:r�S line; th=-nce at a right agile easterly along the lividinrl line be r le s. t loin 3 end 12, n,gle point in said dividing line: thence sorithweatcrly in a at. lane 97.3 feet sore or 1�-aa. to tho point of ue ;gran:::• -_tcept L"at part embraced within 'Tract A. i,GIJ'1-"W LAND SL7:VEY No. 1S`:3, Fi_en of Registrar ,;i Titles, Ccxanty of ilcrsncpi.n. At "Audgt.or's Subdivision Nkxrber 307. Hennepin County, KinDesota". scept that part of said lot 1C described as follows: Beginninj at the !xa:thrast corner of Lot 8 in ",tuii'.o:'s Su_hdtvianion -amber 307, Hesnnr9tn ;arty. rinnrsota": tine a :rat al0" the South lire. of said Wt U a diatoc� of 43.4 feet to a point in the North anti Sa+t1n .xrto lane of Section 2. :o..:ahnp 117, Fa+mge �3; t1�xe South alonrT the North and South center lure of said Section a .instance of 114.3 feet to the Nortssrst aoof s id lot in said Au`N is Subdivision wlth the North 307;d South centrrlondllnttof sand Sece North rtmianf 2 a distance olsaid Lot 9. a sll ] feetof 5te atPoinLO t L t1leMorthsae- 2 anrof L��Sauth thence Peal South line Of aagd Lot 8 a dgstanoe or 4G.6 feet to Ure point of ►beginung. ALSO of . :d Lot 8; thence west along said extended Lot 13, "Auditor's Subdivision Number 307. Her=-WpLn Canty, Mgnnraota �[`Cpt that part described as follows' $eg itnn ins at the moat northwesterly corner of said Lot 13 (d11c'h COtM is al :so :1''e nc>rthe�t.erl) a.^rner ^f l.It l o[ at part described as isioow thence East slang the North line of said Lot 13 a distarre cf 25 feet: U%en�e South parallel with the east line or'S of said Lot I a distance of �157.75 feet the too the eine C mid extot ension o[ of the Auditor's ngubd:vn .xn; thence None of said Wt 1: rth al xngt =udd mat mdong line t-S".'je-IY S� n sore .lnatante of 25 beet. sore or ems. to or less. to the poitrt of bcgiming, all according to the recorded plat thereon. 1U787.3 11 TO: Mayor and City Council FROM: Mark Bernhardson, City Adminstratod1 DATE: October 6, 19P7 SUBJECT: Woodhill Avenue - Project Progress Attachment: A. Special Assessment waiver Agreement - City of Orono/Woodhill Country Club/t•].C.M. Associates B. Proposed Resolution Receiving and Calling Hearing on Improvement C. Notice of. Public Hearing ISSUE 1. Acknowledgment of information regarding agreement between the City of Orono/Woodhill Country Club and M.C.M. Associates regarding their share of costs related to the upgrade of Woodhill Avenue. 2. establishment of the public hearing date for the special assessment hearing for the upgrade of I•;oodhill Avenue. INTRODUCTION - As you c.al recall a contingency of the final T subdiT-vTi_si_on-n- Eor McDowell passed on September 28, 1987 was that they were to enter into an agreement regarding their fair share of costs for the upgrade of Woodhill Avenue. Bayed on th.� agreement the parties have closeu tneir land sale on Monday, October 5, 1987. DISCUSSION - After a review of the project it was doterr;:ink2d by stafflChaC the appropriate share between Woodhill Country Club and John McDowell was a total of 75% of the total cost of the upgrade. Between the parties they agreed that Woodhill would share 3/16 of the price and McDowell would ':hare 9/16 of the price. This represents a waiver of the special assessment. In order to get this upgrade pr,)ject under way for construction in the spring of 1988 it is necessary that a public hearing be scheduled and suggest the Novei7ber 23, 1987 Council meeting at which time the other three ben. -fitting property owners can present a case and at which time the Council can determine their appropriate share for the upgrade. Fused on the 75% that has been agreed to by McDowell the staff.f's recommendation that the City fund 103 of the cost (approximately $6,200 maximum) which is its foregone share of the maintenance over a 20 year period and up to the balance of 15% be assessed over the other three property owners based on the amount of frontage they have on Woodhill Avenue. Should Woodhill have to begin to use this, as their primary access it would require further upgrade of woodhill Avenue which would by necessity need to be borne by the Country Club. RECOMMENDATION - It is recommended that the Council accept the --�------- information regarding the agreement between Woodhill Country Club and the City as to their share of the upgrade together with establishing November 23, 1987 as the public hearing date for Project 87-1. PROPOSED MOTION - Moved by seconded by , that the Council accept the information from the staff regarding Woodhill Avenue, adopt Resolution $ receiving and calling hearing on improvement and establish November 23, 1987 as a public hearing for the project feasibility and special assessment for the upgrade of Woodhill Avenue. A} es Nays AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT is made this 5th day of October, 1987, between the City of Orono (hereinafter referred to as the "City") and Woodhill Country Club, a Minnesota nonprofit corporation, and MSM Associates, a Minnesota general partnership, (hereinafter referred to as "Applicants"). In consideration of the action of the City council to approve the final subdivision of certain real property legally described in Exhibit A, attached hereto, prior to the City's final determination of costs and assessments associated with the Woodhill Avenue upgrade and in consideration of the benefits conferrel by such upgrade, the Applicants agree to pay a fair share of such costs as s• +, f, Y"h below. The improvements to Woodhill Avenue 1 nafter referred to as "the Project") include an upg.a(`.a .'a 22 Foot standard from Orono Orchard Road east to its cf-WA-C ion with the private road to be constructed to serve the �7c. -..ill Ridge development in accordance with information outlined in the City Engineer's Report for Woodhill Avenue Street Improvement Project E7-3, dated September 23, 1987. In consideration of the City's action, Woodhill Country Club agrees to pay 3/16ths of the cost of the Project up to a maximum of 511,565.00. MSM Associates, also in consideration of the City'a action, agrees to pay 9/16ths of the cost of the Project up to a maximum of $34,695.00. Although the final specifications of the Project have not been determined, the foregoing agreements assume a maximum Project cost of $61,680.00. In the event the Project costs exceed W ,680.00, neither the Woodhill property, nor the MS14 property shall be assessed any more than the respective amounts set forth above. Finally, the Applicants expressly waive objection to any irregularity with regard to the improvement assessments and any claim that the amount thereof levied against the Applicants' property is excessive, together with all rights to appeal in the cost;. CITY OF ORONO By James R. Grabe Its Mayor STATE OF 14INIZESOTA ) as COUNTY OF HENENPIN ) The foregoing was acknowledged before me this 5th day of October, 1987, by James R. Grabek, the Mayor of the City of Orono, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. Notary Public WOODHILL COUNTRY CLUB By Its STATE OF MINNESOTA ) as COUNTY OF HENE.IP I N ) The foregoing was acknowledged before me this day of October, 1997, by , the of Woodhill Country Club, a Minnesota nonprofit corporation under the laws of Minnesota, on behalf of the nonprofit corporation. Notary Public MSM ASSOCIATES By Its STATE OF MINNESOTA ) ) S J COUNTY OF HENENPIN ) The foregoing was acknowledged before me this day of October, 1987, by , the of MSM Associate!:, a Minnesota general partnership under the laws of Minnesota, on behalf of the general partnership. Mary Public 4562w City cif ORONO RESOLUTION OF THE CITY CCJ, -IL �1 4 t A RESOLUTION RECEIVING AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to a motion of the Council on August 10, 1987, a report has been prepared by Glenn Cook, City Engineer with reference to the improvement of Woodhill Avenue east of Orono Orchard Road, and this report was received by the Counci? on September 28, 1987. NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the iv,,,rovement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $61,680.00. 2. A public hearing shall he held on such proposed improvement on ti)e 23rd day of November, 1987 in the council chambers, 1275 Brown Road South at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Council this 12th day of Cctober, 1967. ATTEST: Dorothy t•1. Hal��n, City Clerk ----. G---r---abek---,--t•;------------------ James Rayor 10867.1 NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of the City of Orono will meet in the council chambers, 1275 Brown Road South at 7:00 p.m. on November 23, 1987, to consider the making of an improvement on Woodhill Avenue east of Orono Orchard Road, pursuant to Minnesota Statutes, Section 429.011 to 429.111. The area proposed to be assessed for such improvement is the property abutting on such street. The estimated cost of such improvement is $61,680.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dorothy M. Hallin, City C1Erk Published in the Laker/Pioneer newspaper the weeks of tovember 2 and 9, 1987. NJ14:-ill of-vy%)•• t a,ItmUIVC.M' f Of 111e C*VW Orono *,,i meet In the CCUnca ChMbMe. 1215 &0.ve find 5"1" et 7 p in on NovernbM 23 1981. Wtxl10 onSkiAvenue l the%& wq of on Ynpve eme of o oMorctvrd Road p.rrauent to slefutee section e20 O11 to 4:a 111 I'.P area tlropoaed to be ossessed la ta,c h 0%, ore MOW 19 Ine pMVerlV ea/11mQ nn such strut the eell"AW Cost of wch unprovomeni 1 Sol 000 Such persona as deauo to be Heard WO referee: a la the propcxd-"W0MrnMd WW to h"d of ill's nieet ng r 1hVM H�I1in G Irk IpubhSh d in Trw Lawer rorieer un Nov 2 Iand Y. Iaa7 I -- D N (�z' F" 0 W H 14 � A, fidavii of Public: tiorf State of Mlnnesot-i. G�unly of N(_-tlnepin. (3111 1-tolm, being duly sworn. on oath says that he is an authorzed agent and employee of the publisher of the newspaper known as THE LAKER. Mound. Min- nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requlre- n.ents constituting quallfu,ahons as a qualified newspaper, as provided by th,nnesota Statute 331 A 02. 331 A 07, and other applicable laws, as amended. tn� B ) The printed I)` �(,. which Is attached was cut from the columns of said newspaper, and was printed and published once eacP week for -_ successive weeks. 1� wa,- first published Monday, �{ � I t the day of __ ' wt._ -_. , 19 an,: was thereafter printed and published even Monday, to and including Monday. the 9 day of � 10 Subscribed and sworn to me on this YY �— day of A(ylo. 18- Q_. fay - - -- -.:-�tary R}t1 0 1 Lowest etass:hed rate paid by camrtlerclal users for COMP! bte sPace $7 84 Per n--h 121 Maximum rate a'lowed oy jaw for abu.e matter $a 54 Pe' In 131 R<to actually charged for atwve r.latter $4 94 pee IMh [a,-h dddillorial sucw•.Wr O "0" 83 03 1 of in; t. WUODHILL AVENUE IMPROVEMENT MAILING LIST - 11/9/87 02-117-23 24 0001 David J. Lindstrom 1315 Woodhill Avenue Wayzata, MN 55391 02-117-23 24 0003 Victoria H. Raiche 280 Orono Orchard Road South Wayzata, MN 55391 02-117-23 21 0009 Jane McClaren � 190 Orono Orchard Road South Crystal Bay, MN 55323/-��"� 02-117-23 21 0007 "�� Michael & Darlene Blazek r 1230 Woodhill Avenue jIY' Wayzata, MN 55391 0-1-117-23 12 0001 Woodhill Country Club 200 Woodhill Road Wayzata, MN 55391 02-117-23 24 0007 John D. McDowell 4045 Bayside Road Maple Plain, MN 55359 02-117-23 21 0007 Mark & Mary Fox 1230 Woodhill Avenue Wayzata, MN 55391 1.J)r CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk, of the City Hennepin County, Minnesota, do hereby certify thaw a Public Hearing concerning Woodhill Avenue Improvement was ma le to the attached list of property owners on November 9, 1987 . this (SEAL) of Orono, Notice of In Witness Whereof, I have hereunto set my hand and seal 9th day of Novc:-.bei. 1987 it d1othy M llin, City Clei �-- City of ORONO {�_�:'\ y I RESOLUTION OF THE CITY COUNCIL NO. l ' A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, a resolution of the City Council adopted the 12th day of October, 1987, fixed a date for a Council hearing on the proposed improvement of Woodhill Avenue. WHEREAS, ten days' mailed notice and two weeks' pub1ishrd notice of the hearing was given, and the hearing was hell] thereon Dn this 22rd day of November, 1987, at which all persons desiring to be heard were given an opporutnity to be heard t`:-r(-on. NOW, THEREFORE., BE IT RESOLVED BY TEE COU`iCIL OF THE CITY OF ORONO, MINNESOTA; 1. Such imprcvc:ment is hereby ordered as proposed in the Council resolution adopted 12th day of October, 1927. 2. Olenn Cook, City Engineer is hereby designated ae the engineer for this improvement. lie ^fall prepare plans and specifications for the making of such improvement. „dopted by the Council this Z3rJ day of november, 1987. James K-J rabek, Mayor ATTE`- . Dorothyltl.�ll�l'lin, City Clark----- (:tTY of ORONO foal Office Ik,x 6fieCryetal Hay. Minnesota SCi)ZIsMunidpal O fires On the North Shore of Lake Minnetonka June 7, 1988 Mr. Henry Kingman Woodhill Country Club 290 Woodhill Road Wayzata, MN 55391 Subject: Road Improvement - Woodhill Avenue Dear Mr. Kingman, At the Council's November 23, 1987 meeting they directed the City Engineer to undertake a feasibility study for the improvement of the public portion of Woodhill Avenue. As you may recall Woodhill Country Club together with John McDowell had agreed to pay a total of 75% of the improvements. The course of action that was chosen from this feasibility was estimated to total about $55,000 for the improvements. On April 25, 1988 the City Council approved the specifications for the project. This was subsequently bid and the City is now in receipt of the results. The total for the construction portion was approximately $47,900. This represents a reduction in Woodhill's share of the costs from about $10,300 to about $9,090. As discussed on the phone, Mr. John McDowell has verbally indicated his desire to pay his portion as a lump sum and it is assumed that the Woodhill Country Club would be paying its portion in a likewise manner. Unless the City hears to the contrary, the City will be sending a bill for about $9,090 to the Woodhill Country Club for its share in August of 1988. Attached please find a copy of the agreement between Woodhill Country Club, John McDowell and the City of Orono. Should you have any questions or comments, please free to contact me. Sincerely, 9 C Mak F. Be ardson City Administrator Enclosure cc: Mayor and City Council at ILD *44, & /M1%t. 471 1347 • MAIMS IN %110%' K FINANUt 4717158 • rt1sLW W WKS - 473.7399 ASBt. MNi/: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 19 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF TIM PLAT OF WOOD BILL APPLICATION NO. 1163 WH ERRAS, John D. McDowell and T.V. Markle, Vice President of Woodhill 2ountry Club (hereinafter "applicznts") on May 22, 1987 filed a Class III subdivision application with tl.,-. City of Orono (hereinafter "City") for approval of a 5 lot plat of a property legally described on Exhibit A attached to this resolution and hereinafter referred to as "the property"; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision Cosies, the Orono Planning Commission held a public hearing on June 15, 1987, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on July 13, 1987, 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-113 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 7onsists of approximately 37.5 acres. Lot 1 contains 2.2 acres of dry contiguous land; Lot 2 contains 2.03 acres of dry contiguous land; Lot 3 contains 2.50 acres of Iry contiguous land; I.ot 4 contains 2.63 acres of dry contiguous land; and, Lot 5 contains 3.5 acres of dry contiguous land. 3. Outlot 8 consists of approximately 20 acres and is not proposed for residental development and will he combined with contiguous lands owned by Woodhill County Club. 4. Lot 3 shall achieve access via an existing private driveway easement to the south and hots 1, 2, 4 and 5 shall be served by a private road that shall access from the north at Woodhill Avenue. 5. A single fami ly •sidenc•e can be constructed on al l five lots without the need for ,rther variances. 6. Septic testing has confirmed that all lots have suitable soils and areas f or on -site sewage O i sposa 1 systems. The wetlands and steep topography have placed limits on available, flat, more gentle sloped areas fcr septic development. Page 1 of 4 property with road CJity of O11ONO RESOLUI ION OF THE CITY COUNCIL NO. 2219_.. _ iique character of the heavily wooded, and steep has required special consideration by the City in design and lot development. slope. dealing B. Lot 2 does not meet the requiie(: lot width to the rear of the front yard setback line, the applicants have asked the City to consider the following hardships: a) the need to preserve adequate areas in building envelopes of adjacent lots; b) minimize tree removal; c) provide feasible grades for drives to house locations. 9. Lots ., 2, 4 and 5 shall be served by a private road that has been designed to minimize the impact of the construction but yet provide a safe use level for the public. Lot 3 shall achieve access via an existi•,g private driveway which will also minimize the impact on the property. NOW, THEREFORE BD IT RESOLVED, that based upon either one or more o- the f indings noted above, the city Counci 1 of the City of Orcno hereby approves the preliminary plat application of John D. McLowell and T.V. Markle, Vice President of Woodhill Country Club p(•r plat drawing by Thomas S. Bergquist dated June 26, 19R7 and further grants a variance to the standard that would require all lots have frontage on a public road with the creation of the private road and use of private driveway and per Sectiun 10.02, Definition 77, grants a width-ariance to I.ot 2 because the lot does not meet the required 200 feet width at rear of required front yard, subject to the following conditions: 1. Prior to the=ssuance of building permits for new construction, the final plat mast be filed with either t►ie Hennepin County Recorder's Office or Registrar of Titles Office, road base installed and approved by City, and, if required improvements are not completed, the developers must execute 3 developer's agreement and post a 1 tter of cre i. t (1500 of cost of remaining improvements). F(-(1!:ired irrprovemer:t€: a) Woodhi 1 1 .Avenue - The improvement o" Woodhi 1 1 Avenue shall be �f completed as a public project. f)eveloper/applicant shall execute r an aq►eement that will affirm l.is/their share in the cost of said road improvement. City to detf,rmine the amount of the payment upon receipt of final costs for said road improvement. Woodhill Avenue shall be upgraded from 16 feet minimum paved width to a 22 feet minimum paved width. h) Private road to be ronntrutted per standards setforth in Section 11.33, Subdivision 4 and 5 for road servinq 3-6 lots exccl,t for changers in desiqn recommended by city Zngineer in his letter of July IC, 1987 and attached to this resolution. Page : of 4 . CITY OF ORONO City Of. ORONO RESOLUTION OF THE CITY COUNCIL NO. 2219 c) Fencing provided for septic test sites prior to any land alteration. Applicant to contact City upon installation of temporary fencing around all septic areas. 3. 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: Final Plat Submittals A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=2001. Drawing to include: a) Lot lines platted per preliminary survey. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Dedication of additional right-of-way for woodhill Avenue per City's request to provide area for cul-de-sac at east end. d) Designated wetlands to be ehewn on the plat as "drainage easements" - wetland within Lots 4 and 5 at 957.8 elevation and wetlands within Lots 2, 3 and 4 at the 960.5 elevation. e) Designate 20' wide drainage easement over drainageway from pond to south lot line of I,ot 3. B. other documents required: a) Title opinion addressed to the City. A11 owners, mortgage holders or others with property interest indicated therein shall sign the plat and all nthr-r dn( :meats affected t y such interest. L) The applicants must provide certified copies of ill recorded easements currently affecting the property. c) Execution of the following forms and easments required by the City. Please contact. the Ruildin7 a Zorinq staff if you have any questions in the execution of these documerts: 1. ]!Towage and Conservation Fab-ment - over all designated wetlands and drainageway within Lot 3. 7. Underlying Road and ut i 1 i t y r,I s( ment over road Outlot A. Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2219 ; 11 't OFFIC IrnA�� _ 3. Road Maintenance Covenants - if deviloikir Kaalla considered other covenants for roa0-,,vjpK-9ep andL maintenance of private roe'' please see ltiiat�1C v an original executed c review aril1eg v� 11 V 1 the plat. -; -t IN"k Mu 11 4. Road Name Request - please see that ,!--- are submitted. Road name approval is a separ*t* Council action and should be submitted for Council's consideration as soon as possible. 5. Developer's Agreement - to include all improvements not completed by final plat approval. No lot grading or road construction can begin until all grading and revised road plans have been approved by the City. 6. Execution of agreement that will confirm your payment for cost of improvement cf woodhill Avenue. C. FEES TO BE PAID: Total Due $1,300.00 a) Park dedication fee per current schedule: $200.00 for each residential lot at 5, Total Fee $1,000.00. b) Final plat fee - $150.00. c) Filing fee for plat and associated documents $150 00. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 13, 1987. 1 Jam*sRra ek-i ayor ATTEXT: i it / torothy MI,� a] lin-,Ci y Clerk i Pay* 4 of 4 51388.1 RESOLUTION ACCEPTING BID WOODHILL AVENUE IMPROVEMENT WHEREAS, pursuant to an advertisement for bids for the improvement of Woodhill Avenue, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement published in the Laker/Pioneer Newspaper the week of May 9, 1988 and Construction Bulletin the weeks of May 2 and 9, 1988. AND WHEREAS, it appears that Hardrives of Maple Grove is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE. CITY COUNCIL OF ORONO, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Hardrives of Maple Grove in the name of the City of Orono for the improvement of Woodhill Avenue according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 13th day of June, 1988. James R. Grabek, Mayor ATTEST: --- .--- .------- -T-- C--' --.�C--------- Dorothy M. Hallin, ity lerk 6988.4 WOODHILL AVENUE PROJECT COST ALTERNATIVE SELECTED Contsruction Cost $42,273 roistinning 4,227 $49,508 Legal, Admin. Capitalized Interest FINANCING MSM 31,388 Woodhill 10,462 41,$50 3 property 8,550 owners City 5,499 555,860 9,300 S55,800 Alternatives BID Hardrives $36,991 1,110 $19; i 9,880 547,88I AS CONSTRUCTED PER -BID I II III 26,933 26,933 26,933 8,977 8,977 8,977 35,9I0 35,9IA 35,910 - 4,500 7,500 (1500 per (2500 per owner) owner) 11,990 7,490 4,499 $47,900 $47,000 $47,900 I / Hfi/tFAV3 oN UP"D1/EMENT �1 ewe COV Councr w ^wt it the Cw,KOl Clt"srr oOrono 1276 swwn ft" 90 4n.Mn�ArY�r ~ti 1/� 1O eon ww of r rnprovs""M on wood TM a WtV to se etleeseed r the tN� .r.,.r. rte Lo,.1 lN 1M ► oAri 1 d SOL"on 7 mww 23 N"ete0rt County/ �rtM? �f�e�6a0etOW eotM r oraM,� N d nerd wm mtwr,oe to the p,o- P."d rA we 0e Neld M tM etewna p M ►trim cKr OWA � �rlw in The LAW .w rAnsr w � �.1. �. tiff , Affidavit of Publication State of Minnesota, County of Hennepin Bill Holm, being duly sworn, on oath says that he Is an authorized agent and employee of the publisher of the newspaper known as THE LAKER. Mound. Min- 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 T"1��P�` - --- which is attached was cut from the columns of said newspaper• and was printed and published once each week for Z successive weeks It was first published Monday. the Tj day of and was thereaf. printed an published every Monday to anu including Monday, r --- the (D day of 19 / ilithonzed Agent Subscribed and sworn to me on this day of ��'t' . / -.. „4% -1 By IYR! Rate Information (1) lowest ciasrofied fete paid by commerl.,al users for compara ble space $7 84 per i,1�h (2) MaximNNm rate allowed by taw for above n►0101 $4 54 per inch (3) Hale actually Ctwged for above matter $4 54 per etch Each additional auexess,ve week $3 03 pet inch OUNCIL MEETING 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, }P 1 31°&8 ATTENDANCE 7:96 P.M. CONSENT AGENDA* CITY J10�x)If.� The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Sime, Goetten and Callahan. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron and City Clerk Hallin. City Attorney Barrett and City Engineer Cook were also present. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda subject to the removal of the following item: #27 •- Ordinance Amendment - Feeding of Waterfowl - Requested by Ccuncilmember Goetten Motion, Ayes 5, Nays 0. STREET LIGHTING IMPROVEMENT PUBLIC HEARING 7:09-7:19 RESOLUTION #2441 The affidavit of publication and certificate of mailing was noted. City Administrator Bernhardson explained the purpose of the public hearing was to consider installation of street lights and assessing the cost of such a. project to abutting property owners. The proposed assessment cost would be approximately $97,000 and approximate assessment costs would be $7.00 per front foot for residentially used property and $14.09 per front foot for commercially used property. This would be the only assessment to he spread on abutting properties on the entire County Road 15 project. The Council should decide; a.) to go ahead wi th the project, b.) what amount should be financed through special assessments, c.) how the balance should be financed either through MSA or other funds. Public Comments - Sandy Rauschendorfer, 3895 Shoreline Drive asked why the costs are not taken out of the Genera 1 Fund . Mayor Grabek stated that '..he lighting improvement will be the only portion of the County Road 15 project assessed to the abutting property owners. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 STREET LIGHTING IMPROVEMENT CONTINUED Ed Lehman, 2470 Carman Street stated he did not feel that the installation of street lights was an improvement to his property it was more of an advantage to the traffic on the County Road. John Hollander, 200 Hollander Road asked how much the electricity will cost the City per year. Administrator Bernhardson stated it is estimated to cost about $6,000 per year for the street lighting. David Bye, 1910 Shadywood Road asked what the lights looked like. Administrator Bernhardson stated they are similar to the lights on County Road 110 in Mound, they have their own standard. A gentleman asked what percentage of the total street lighting costs were to be assessed to the property. Administrator Bernhardson stated that approximately 75% of the street lighting would be assessed to the property owners, but the sidewalks and other improvements are to be paid for from other funds with no other assessment. Ed Lehman asked what happened to the idea of paying, for this from MSA funds. Administrator Bernhardson stated that the City could choose to take the funds for the streetlighting from MSA but this would not only decrease funds the City would have for the balance of the improvements along County Road 15 but also for MSA streets in other parts of the City. Councilmember Goetten questioned the cost per light east of County Road 19. Lighting Consultant, ,Jim Regan stated that eliminating lights on the east end of the project would not only eliminate the lights but also the wiring costs. It was moved by Mayor Grabek, seconded by Councilmember Sime to accept the street lighting improvement and adopt Resolution t2.141 authorizing Mayor and City Administrator to sign Supplement No. 1 to Agreement No. 74-08-87, Hennepin County Project No. 8024. Motion, Ayes 4, Nays 1. Councilmember Peterson voted nay stating she does not feel the abutting property owners should be 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 STREET LIGHTING IMPROVEMENT CONTINUED assessed for the project. CONTINUATION OF HIGHWOOD ROAD AREA STORM SEWER PUBLIC HEARING 7:34-7:55 The affidavit of publication was noted. City Administrator Bernhardson explained that this was a continuation of a public hearing which was held on April 25th. Since the last meeting the City Engineer, Public Works Director, Councilmember Sime and the City Administrator had been to the site to explore some other alternatives and discussed other ways to take care of the problem; to look at detention of some of the water that is coming on the north side of County Road 19 and holding it there for an interim period of time. The Engineer felt that to make it cost effective it would necessitate removal of some trees to create a ponding area to gain storage area. In addition a larger detention basin in the back of Mr. Sauer's property was also considered. This may not be a cost effective solution either. Another possibility is replacing only a portion of the existing tile, but Mr. McCurdy has indicated that such would be inappropriate as it would tear up his yard. Staff also considered ways to keep from disrupting Highwood Road by jacking a pipe under the road as opposed to having to trench a pipe. That cost appears to be $10,000 more than trenching without addressing the issue of temporary easements to do the trenching. Staff also looked at the issue of water quality and felt that water quality was not affected by this area because it is a watershA-' ^rincipal ly composed of natural woods. Sta`.f. has recommended adoption of option I, installation of . 21" pipe, coupled with elimination of the streot regrading portion of this project. Neighbors along there have not expressed any strong desire to have regrading done to protect their properties from the overflow from Highwood. The City could explore the condition of the existing pipe as suggested by Mr. McCurdy and Dr. Vongr ies. A clean out of the 1 i ne may assist the problem. City Engineer Cook stated that options would provide a 100 year problem with those solutions is would be getting so high that �t point where there could be property Public Comments - the other two solution. The that the water would be to a damage. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 CONTINUATION OF HIGHWOOD ROAD AREA Jan Ackerberg, 4075 Highwood Road asked why not use the property on the north side of County Road 19 as a holding area. City Engineer Cook stated in a small watershed such as this, storm water cannot be held back for a very long period of time. Alexander Vongries, 4051 Highwood Road stated he purchased his property in December of 1986 and has had only one problem which was after the July 23, 1987 storm. He asked what damage did any of these properties sustain? what are the benefits of such a proposal compared to the extent of disruption to the properties? He stated the existing pipe will take care of a 100 year rain in 3 days as it did in July. He also asked what would happen to the existing storm sewer and if the expense and disruption is justified. Jan Ackerberg, stated he wanted to go on record as opposing the project. Dale McCurdy, John Sandborn, and Randy Sheeran also stated they opposed the project. Counc:.lmember Goetten stated concern about debris getting into the pipe and the number of properties that are affected by this problem. Engineer Cook stated if the baffleweir would minimize the outlet rate out of this system, it would keep the flow back in and allow as much time as possible for the water to soak into Sauer's back yard but when the water goes over the top there „could be free discharge, the water quality would nu be improved at that point in time. There are two properties that have been affected by this and they are Mr. Sauer and Mr. Baxter. Counc i lmember Peterson asked if an estimate of easement costs were available. City Administrator stated easement costs were not available at this time. Mayor Grabek asked what kind of flow the existing storm sewer was adequate to handle, if it were operating properly. Cook stated that if it were operating properly it would probably handle a 5 year storm, which is about 3 1/2 inches of rain in a very short period of time. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 CONTINUATION OF HIGHNOOD ROAD AREA Mayor Grabek asked what it would cost to televise the existing pipe to determine its condition. Cook stated it would cost around $1,000 to televise the pipe. Councilmember Sime asked Mr. Sauer and Mr. Baxter how many times they have had water in the basement. Mr. Sauer stated that in 18 years he had never received damage in the basement, only exterior damage. Mr. Baxter stated he had water in the basement only one time. It was moved by Mayor Grabek, seconded by Councilmember Sine to inspect the existing pipe and if there is additional work that needs to be undertaken for a 5 year storm design capacity. Councilmember Callahan asked who owned the existing line. City Administrator Bernhardson stated the line was privately owned by Mr. McCurdy. Mr. McCurdy stated he would allow the televising of the pipe but did not want any digging on his property. Councilmember Sime asked Mr. McCurdy if after televising the line and it is determined that the line needs repair, would you allow repair if the City restores your property. McCurdy and Vongries stated that they would allow the City to make repairs to the line if it is determined that is necessary and the City would restore their property. Mr. VongrieE stated that if it is determined that the entire line must be repaired he would not agree to repair. Mayor Grabek stated that if the entire line needs to be replaced then this project would be brought back to the Council prior to ar.y work being undertaken. Amended motion by Mayor Grabek, seconded by Councilmember Sime to televise the existing line for a cost not to exceed $1,000 and to get written 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 COWINUATION OF HIGHMOOD ROAD AREA permission from property owners; McCurdy, Vongries and Theoba ld and to make any repairs necessary and make restoration to their property. Motion, Ayes 5, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT* RESOLUTION #2432 Representative JoEllen Hurr was not able to be present. PUBLIC C(WWENTS It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2432 indicating continued support of the L.M.C.D. in its role as it relates to Lake Minnetonka. Motion, Ayes 5, Nays 0. John Hollander, 200 Hollander Road stated he had three items he wanted to discuss: 1.) His black cat, which had been missing since April 17, had returned this morning. He stated he felt someone in the area had the cat and he is offering a $600.00 cash reward for the arrest or conviction of the party or parties who had possession of his cat. 2.) tie questioned why if the maximum allowed fence height is 3 1/2 feet high, why do my neighbors have fences over 3 1/2 feet in height? Mayor Grabek stated the he should talk to �1aFf regarding the requirements on fencing. 3.) fie asked if there is anything the City can do to get the neighbors into a homeowners association. Mayor Grabek stated the City can not spend any more of the City's time and money to resolve this issue. It is an issue the neighbors will have to resolve among themselves. Doug Klint stated he thought a final plat approval for Casco Cove subdivision was going to be on tonight's agenda. lie stated it was approved in December of 1986, there is a time limit of filing the plat of June 1987, and the mortgage company would not approve the loan because the division is not complete. He stated he sold the property and would like to file the final plat. He thought that the City had all 'he necessary documents. Zoning Administrator Mabusth informed me that some documents were not present. Mr. Klint indicated that now he has these documents and I would like the Council to extend the time period for filin,3 until June 30, 1988. Zoning Administrator Mabusth stated thdL staff must now draft, a new resolution for Council to act on this application as the final plat approval expired over six montns ago. She stated this matter will MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1998 PUBLIC COMMENTS CONTINUED be brought to Council on June 13th, if staff has the title opinion and the mylars. ZONING ADMINISTRATOR'S REPORT: 11222 JAN WAYS 1885 CONCORDIA STREET AFTER THE FACT CONDITIONAL USE PERMIT RESOLUTION #2433 Applicant Phyllis Waye was present for this matter. City Administrator Bernhardson stated this application is an after -the -fact conditional use permit for installation of various items to retain a fairly steep bank after the July 23rd storm. The restoration consists mainly of large boulders set into the landscape plus rip -rap. Mrs. Waye requested that the completion date be changed due to the fact that some of the materials are not available at this time and because of the complexity of the work. It was moved by Councilmember Sime, seconded by Mayor Grabek to adopt Resolution #2433 amending Item ►7 to read, resotration shall be completed by a date to be determined by staff. Mction, Ayes 5, Nays 0. 11129 TODD WATERS 3961 CASCO POINT ROAD REQUEST TO AMEND COUNCIL DIRECTIVE. OF RESOLUTION #2292 Mr. Waters was present for this matter. City Administrator Bernhardson so-ated this is a request by Mr. Waters to erect a retaining wall to maintain a walkout without having to go back and raise the house and redo the basement waI 1 in order to eliminate the walkout. The retaining wall would be out from the foundation wal 1 8 feet and out as far as the original house line. This was tabled at the last Council meeting on a 4-1 vote. Related to this matter is Item #14 on tonight's agenda, which is the fe3sibi: :y report of the storm water ponding. There -r a three options presented by Engineer Cook. _he first option was the re- installation of the current 8 inch pipe. This would necessitate an overflow put in across an abutting property owners yard. option 2 is the installation of 10 inch pipe, the overflow could be put in, but it was not mandatary. Option 3 is the installation of an 18 inch pipe, which would necessitate no overflow. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 11129 TODD WATERS CONTINUED Mr. Waters stated he would prefer to do the work privately. He stated the origin,I nipe was an 8 inch pipe which ran under the oriy„ial old house and does not feel an 8 inch pipe will be adequate. Waters asked if the City would provide the engineering for the project and the property owners would take care of the project. He also requested an extension of time from June 15 to July 15. Mayor Grabek stated he felt the Council w...,ld be amiss to pay for the engineering of this project and was not in favor of extending the deadline date. Mr. Dennis stated that the ponding area was decreased because of a larger house being built but other factors such as the houses to the north have increased hardcover. fie stated he wi 11 have to go to Court and put a restraining order on the Waters' property. fie stated he has spent a lot of money to raise his house up 2 feet and the water keeps rising. It was moved by Mayor Grabek to have the property owner return the property to its original condition. Motion failed for lack of a second. Administrator Bernhardson stated that in the original resolution Waters was to put back the 8 inch pipe. Most of the restoration is near the house, but within the 0-75' zone, the Coincil may consider a 10 or 18 inch pipe and whether it is done privately or publicly. It was moved by Mayor Grabek to table this time. Motion failed for lack of a second. It was moved by Councilmember Sime, seconded by Councilmember GoettPra to approve the regrading, allowing the retaining wall 8 feet from the house along the lakeside, the installation of a 10 inch drain pipe at the expense of Mr. Water3 and grant an extension of time to July 15, 1988 for complete restoration. Motion, Ayes 4, Vays 1. Mayor Grabek voted nay. 11262 CUR1 HAGFORS 1412 BAC,DUR PARK ROAD REQUEST FOR A14END14ENTS TO PREVIOUS VARIANCE APPROVAL Mr. Fiagfors was present for tt.is matter. Administrator Berhnardson reviewed this a,_,?lication for Council. Since his previous appeal-incf before 8 MIWUTF.S OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 #1262 CURT HAGPORS CONTINUED Council he has decided to merely raise the house and redo the foundation, which would create a slight side yard setback variance of about 4 to 6 inches. i.i addition he would increase the garage setback from the street from 17 to 21 feet. This Will increase the driveway hardcover and the overall hardcover increases abou-. 1.25 square feet. �!r. ilagfors Stated he needs more room behind the 3arage for parking and increased safety. He stated this will place his garage in line with neighboring properties. The expense of moving the house is high therefore he would like to just lift it up rather than moving it laterally. Councilmember Goetten stated there are changes on all of the regi;-sts and this should go back to the Planning ComR —on. She stated there were too many changes t , original application. Mr. Hagfors stated he would just relocate the garage and that he wished tc not go back to Planning Commission to save time. It was moved by Mayor Grabek, seconded by Councilmember Sime to approve the variance request which included increase in hardcover of 1.7%. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay. 11273 ROLLIN LACY 2655 WORTH SHORE. DRIVY. CONDITIONAL USE PERMIT ANT) VARIANCE RESOLUTION 12434 Mrs. Lacy was present for this matter. #1274 DAVID NELSON 748 SOUTH WILLOW DRIVe VARIANCF: RESOLUTION #2415 Administrator Berhnardson reviewed this application for Council. It was moved by Councilmember Sime, seconded by Councilmember Goetter to adopt Resolution #2434 approving the conditional use permit and variances as outlined by staff. Motion, Ayes 5, Nays 8. Mr. Nelsen was present for this matter. Administrator Bernhardson reviewed this matter for Counc i 1 . Councilmember Goetten asked if the upgrade of the 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 11274 DAVID NELSON CONTINUED septic system would be included with this project. Gaffron noted that it was planned to be repaired. It was moved by Councilmember Goetten, seconded by Councilmember Sime to adopt Resolution $2435 approving a variance. Motion, Ayes 5, Nays 0. #1277 BIG ISLAND BOARD OF GOVERNORS CONDITIONAL USE PERMIT RESOLUTION #2436 Keith Aakre was present for this matter. Administrator Bernhardson stated this was a renewal of their work crew permit. The only changes have been to reflect the amount of work that has been completed. It was moved by Councilmember Sime, seconded by Mayor Grabek to adopt Resolution 12436 granting a temporary conditional use permit. Motion, Ayes 5, Nays 0. #1279 NORTHERN HYDRAULICS 2687 WEST WAYZATA BOULEVARD APPEAL Paul Hauge, the Attorney representing applicant was present. Also present was Dave LaPorte and Carl Anderson manger of this operation, and Rob White owner of the building. Administrator Bernhardson stated this is an appeal of the Zoning Administrator's interpretation of the -toning code. Northern Hydraulics recently started to move into a building in the City's Industrial Zone. Zoning Administrator Mabusth's interpretation, of our present code in which the Planning Commission concurred, is that the retail portion of this operation is not permitted. A separate issue would be whether it is an appropriate use in our industrial zone and if the Council concurs with staff and Planning Commission that such is, it would necessitate a zoning code amendmeac to allow such use. Paul Hauge stated that the type of operation Northern Hydraulics proposes in this location would fit into the zoning code which deals with whoiesaling and warehousing under Sections 19.50 Zoning Administrator Mabusth stated that approximately six months before, the leasing agent for VCI called and r,tated that Northern Hydraulics was looking at the facility and the leasing agent was advised they would have tocome in for a zoning 10 MINux S OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 #1279 NORTHERN HYDRAULICS CONTINUED certificate of occupancy. Rob White stated that Northern Hydraulics would be an asset to the area and had support from others in the area for their operacion to be permitted at this location. It was moved by Councilmember Callahan, seconded by Mayor Grabek to concur with staff and Planning Commission's interpretation that this type of operation is not appropriate in this zoning area. Motion, Ayes 5, Nays 1. City Administrator stated if Council were to consider a code amendment the draft language would have to go to a public hearing at the Planning Commission in July for their consideration, if they recommended approval or amendment it would then go to Council. In the interim Northern Hydraulics could undertake the warehousing portion of their operation until an amendment is adopted. Councilmember Callahan stated this was not the time to quickly rush through a code amendment for e particular property in the middle of the industrial zone. This should be considered in the whole context of the Highway 12 Corridor Study. It was moved by Mayor Grabek, seconded by Councilmember Sime to allow Northern Hydraulics to use the facility as allowed only within the present zoning code. Motion, Ayes 5, Nays 0. COMPREHENSIVE PLAN AMENDMENT HIGHWAY 12 RESOLUTION #2437 Administrator Bernhardson reviewed this item for Council stating the Comprehensive Plan has been approved by the Metropolitan Council and the Council must adopt the Comprehensive Plan and requesting authorization of John Shardlow to work on the zoning ordinance process to implement the plan. Draft language should be ready for Council's June 13th meeting. It was moved by Mayor Grabek, seconded by Councilmember Sime to direct staff to engage Mr. John Shardlow to undertake the zoning ordinance amendments to implement the Comprehensive Plan on Highway 12 for 55,500 to be funded out of contingency. Motion, Ayes 3, Nays 2. Councilmembers Callahan and Peterson voted nay. It was moved by Mayor Grabek, seconded by MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 COMPREHENSIVE PLAN AMENDMENT CONTINUED Councilmember Sime to adopt Comprehensive Plan #2 in the Highway 12 Corridor conditioned on implementing zoning ordinance adoption and adopt Resolution No. 2437 Adopting Comprehensive Plan #2. Motion, Ayes 5, Nays 0. ADDITIONAL ITEMS BROUGHT BEFORE. THE COUNCIL NOT LISTED ON THE AGENDA Administrator Bernhardson stated there were two additional items for Council's consideration. #1255 ORVILLE FISHER 1991 FAGERNESS POINT ROAD Administrator Bernhardson stated Mr. Fisher has decided to attach the shed to his house which was located on his property in order to facilitate a garage style door. #1223 JOHN WALDRON 1951 CONCORDIA STREET Assistant Planning 6 Zoning Administrator Gaffron stated this plan will increase the hardcover by an additional 28 square feet that was not previously approved. It was moved by Councilmember Sime, seconded by Councilmember Peterson to accept this revision. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay stating concern for increased hardcover. Administrator Bernhardson stated the Council had approved a three foot exposed wall about three feet anchored back into the bank with a slope down to the lake. He has a July 1 deadline date to get his cc.nstruction done. He is now proposing to have two sets of walls, one of which would be a three foot high wall and another two foot high wall. This design should provide more stability. Engineer Cook concurred this would be a more stable wall. It was moved by Councilmember Callahan, seconded by Cnunci lmember Peterson to turn down the request. Motion, Ayes 2, Nays 3. Motion fails. Assistant 'Zoning Administrator stated this was brought before they Coun i 1 because Mr. Waldron had applied for a building permit for the wall and the design was different than the wall described in the resolution adopted by Council on April 11. It was moved by Mayor Grabek, seconded by 12 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 #1223 JOHN WALDRON CONTINUED Councilmember Goetten to accept the two wall plan with a minimum of wall showing using vegetation as cover upon staff receiving a plan showing the dimensions and design and also improvement to the stairs as approved by staff. Motion, Ayes 3, Nays 2. Councilmembers Callahan and Peterson voting nay. ENGINEER'S REPORT: MAYOR'S REPORT: This item was discussed under Item #7 on the agenda. Mayor Grabek stated he had met with the Long Lake City Council in an effort to resolve some of the problems between the two cities. Since the two cities already have various areas of cooperation, that we try and proceed to other areas and not fight each other. But as a precondition they would have to have to withdraw the annexation threat to Orono and it was indicated that Long Lake could not withdraw it at the present time. They did want to proceed to annex the sewer plant property. They gave me the indication that is the only property with which they are concerned. The suggestion of a Long bake councilmember was to proceed per the Mayor's suggestion of a meeting of joint Councils and a facilitator was to address this main problem first if that seems to be a precondition or a stumbling block. The Mayor found no disagreement. It was suggested at that time that the two cities get together on a joint Council meeting in June or July, as early as possible, with a facilitator. If at this meeting it comet out that they are interested in more than the sewer slant property within the City of Orono, Orono would gave a difficult time with any further di.,cusbion because it is a threat to our tax base if they annex certain properties of our city. It is the Mayor's recommendation that the City meet with Long Lake at a convenient time and see if the cities can facilitate some resolve to a very small portion of land that meets both the needs of our city and citizens and theirs. It was moved by Councilmember Sime, seconded by Councilmember Goet ten, that the Orono Council concur with the direction presented by the Mayor at the Long Lake Counr i 1 meeting on May 17, 1988 and direct the Orono Mayor a• I staff to establ i sh the first meeting with the facilitator and the City Council of Long Lake in the June/July timeframe. Motion, Ayes S, Nays 0. 13 MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 RESIGNATION OF WILLIAM J. SIME RESOLUTION #2438 AND DECLARING A VACANCY ON THE COUNCIL RESOLUTION #2439 Mayor Grabek stated the Council had received a letter of resignation from Councilmember William Sime. 3536 LYRIC AVENUE It was moved by Mayor Grabek, seconded by Councilmember Peterson that the Council adopt Resolution No. 2438 accepting Councilmember Sime's resignation effective 1 July 1988 and Resolution No. 2439 declaring a council vacancy and additionally establish an open selection process to fill the vacancy. Motion, Ayes 5, Nays 0. Administrator Bernhardson stated this is one of the problem properties in the City and a neighbor had requested a review of the progress on the property. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Council accept the information regarding 3536 Lyric Avenue and that the staff be directed to further pursue vehicle violations as they relate to the property. Motion, Ayes 5, Nays 0. BUILDING BOARD OF APPEALS Administrator Bernhardson refered Council to the City Attorney's memorandum regarding the Building Board of Appeals. He noted the City is currently awaiting resumes from five individuals regarding this matter. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Orono Council accept the information regarding the Building Code Board of Appeals. Motion, Ayes 5, Nays 0. CRYSTAL BAY ROAD - ROAD REPAIR Administrator Bernhardson stated this is in response to a letter from Timothy Schupp regarding the status of repair on Crystal Bay Road. 1950 SHORELINE DRIVE It was moved by Mayor Grabek, seconded by Councilmember Sime, the City Council directs the staff to continue efforts to resolve the repair issues on Crystal Bay Road. Motion, Ayes 5, Nays 0. Administrator Bernhardson :Mated that at the provious Council meeting under public comments Mr. Tourangeau addressed issues concerning this 14 MINUTES OF THE RF.GULT.R ORONO COUNCIL MEETING HELD MAY 23, 1988 1959 SHORELINE DRIVE CONTINUED property. This is an update of that review. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that the Council accept the information regarding 1950 Shoreline Drive and direct staff to continue in their efforts in relationship to the property. Motion, Ayes 5, Nays 0. RESOLUTION OF SUPPORT - ALTERlAATIVE COMPOSTING RESOLUTION #2449 Administrator Bernhardson stated this item was not listed as an asterisk item because staff did not have a resolution for it. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the City Council adopt Resolution #2440 in support of alternative composting arrangements for selected solid waste materials. Motion, Ayes 5, Nays 0. SALARY ADJUSTMENT -• ROBIN MIRELSON* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjust Assistant Finance Director Robin Mikelson's salary to Level 5 Step III ($10.858 per hour) effective June 1, 1988. Motion, Ayes 5, Nays 0. EMPLOYMENT PART TIME CLERICAL - POLICE DEPARTMENT* It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the Orono Council approve the temporary employment of Michael Carlson in the roles as temporary clerical and C.S.O. at a rate of $5.10 per hour effective 5/24i88. Employment subject to budgetary amounts and the return of Rick Denneson as a C.S.O. Motion, Ayes 5, Nays 0. SALARY ADJUSTMENT - CHARLES SCHAUSS* It was moved by Mayor Grabek, seconded by Councilmember Peterson, the Orono Council authorize the increase for Charles Schauss from $9.854 per hour to $19.613 per hour in accordance with the 1987 contract with the change effective 4/26/88. Motion, Ayes 5, Nays P. SALARY ADJUSTMENT - RICK DP.NNESON* It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the Orono City Council approves an increase for Rick Denneson, Community Service Officer from $5.10 to $5.562 per hour effective April 15, 1988. Motion, Ayes 5, Nays 0. 15 MINUTES OF THE kEGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 SALE OF PROPERTY - PHEASANT ROAD* It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the Council approve the purchase agreement for the sale of land on Pheasant Road in exchange for the appropriate utility and maintance easements to the City plus the appropriate easements running to the abutting property owners at 2615 Shadywood and 2655 Pheasant Road. Motion, Ayes 5, Nays 0. ORDINANCE AMENDMENT - FEEDING OF WATERFOWL ORDINANCE NO. 52, S®COND SERIES Councilmember Goetten asked for a definition of the word inimical, which is used in Subdivision A, on the fifth line. City Attorney Barrett stated the word means hazardous. It was moved by Councilmember Goetten, seconded by Councilmember Sime, the the Council adopt Attachment A as Ordirance No. 52, Second Series as an amendment to Ordinance No. 9.13 Subdivision 14. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Payor Grabek, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information regarding: Minnesota City Managers Conference, Planning Commission Representation - June 13th Meeting, Marina Licensing, 200 Hollander Road, Spring Clean - Up Number 2 and Public/Private Roads. Motion, Ayes 5, Nay 0. CITY ATTORNEY'S REPORT* LICENSES* BILLS* City Attorney Barrett stated he had reviewed the statutes covering the needed vote on variances and stands corrected on his statement of the last Council meeting. It was moved by Mayor Grabek, second,'�d by Councilmember Peterson, to approve the following licenses: Septic System Installers - Ingleside Engineering & Construction Westonka Sewer & Water, Inc. Motion, Ayes 5, Nays 0. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays S. 16 MINUTES Or THE RXGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 ADJOURNMENT 16:13 P.M. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adjourn the regular Council meeting at 10:13 P.M. Motion, Ayes 5, Nays 0. ATTEST: ----------------------------------- ----------------------------------- Dorothy M. Hallin, City Clerk James R. G►abek, Mayor RECONVENED 1988 BOARD OF REVIEW MAY 18, 1988 C The reconvened meeting of the 1988 Board of Review was called to order by Mayor Grabek at 7:31 P.M., May 18, 1988. The following Councilmembers were present: Goetten, Sime and Peterson, Councilmember Callahan was absent. Also present were City Administrator Bernhardson, City Assessors Rolf Erickson and David Wilde and City Clerk Hallin. Assessor Rita Guderian arrived at 7:37 P.M. Mayor Grabek stated that Rolf Erickson would briefly state what has taken place since the last meeting, the Council will hear comments from persons present at tonight's meeting and make a decision on those properties. After all persons have been heard the Council will make one motion regarding the remaining properties on the recommendations the Assessor has submitted. Assessor Erickson stated there had been 285 calls in 1988 compared to 130 calls in 1987. Twenty-eight people came to the Board meeting on April 27th and he was unable to contact 49 of those persons before the meeting. He stated he had completed all the reviews requested by the Council. Mayor Grabek asked Assessor Erickson to review what alternatives are available to property owners after this meeting. Erickson stated that persons are always able to file an abatement by calling the his office. This involves a review of the local Assessor's valuation by the County Assessor's staff. A Tax Court petition can be filed whether you appear at the Local Board of Review or not, May 15th of any particular tax year is the dead ine for this type of appeal. Therefore you have unti l May 15, 1989 to file a Tax Court petition for the 1988 valuation. If anyone disagrees with the finding of this Board, they should call Hennepin County and make an appointment to appear before the County Board of Equalization. The County will do an in depth appraisal of the property and the property owner presents their case to the County Board and the County Assessor's staff presents their information to the County Board. The following persons appeard before the Board: 1. Douglas Johnson, 1355 Shoreline Drive - PID 02-117-23 34 9012 Assossor recommends a change in the 1988 market value from 5512,000 to $ 504,800. This property was purchased in 1984 for 5400,000. It was moved by Mayor Grabek, seconded by C'ouncilmember Paterson the accept the Assessor's 1988 market value of $504,g300. Motion, Ayes 4, Nays 0. 2. Gary Schauer, 4195 Highwood Road - PID 07-117-23 44 0022 Assessor recommends a change in the 1988 market value from $165,000 to $155,900. Mr. Schauer stated the neighboring property was a detriment to his property and felt a further reduction was in order. It was moved by Mayor by Grabek, seconded by Councilmember Sime to accept the Assessor's 1988 market value of $155,900. Motion, Ayes 4, Nays 0. 3. Stewart Perry, 2975 Casco Point Road - PID 20-117-23 31 0045 Assessor recommends a change in the 1988 market value from $286,900 to $277,400. Mr. Perry stated that there are serious problems with the house in both the basement and roof areas and felt that the Assessor had not taken this into consideration in his valuations. In addition he stated the house was listed on the market for $269,000. It was moved by Mayor Grabek, seconded by Councilmember Sime to accept the Assessor's 1988 market value of $277,400. Motion, Ayes 4, Nays 0. 4. Kathy Sawicki, 4510 North Shore Drive - PID 07-117-23 31 0029 Mrs. Sawicki felt that although they paid $335,000 for it in 1987, the property had been misrepresented as to the quality of the lakeshore and that it should be reduced. The Assessor recommended no change in the 1988 market value of $303,200. It was moved by Mayor Grabek, seconded by Councilmember Sime to accept the Assessor's 1988 market value of $303,200. Motion, Ayes 4, Nays 0. 5. Newell Weed, 1385 Orono Lane - PID 02-117-23 34 0003 The Assessor has recommended no change in the 1988 market value of $404,800 stating this property has been depreciated as much as possible. It was moved by Mayor Grabek, seconded by Councilmember Goetten to accept the Assessor's 1988 market value of $404,800. Motion, Ayes 4, Nays 0. 6. J. P. Henry, 4750 North Shore Drive - PID 07-117-23 32 0017 The Assessor has reviewed the property and recommended a change in the 1988 market value from $94,700 to a 1988 market value of $92,200. Mr. Henry stated that his property had sustained severe damage during the July 23, 1988 storm because his neighbor installed a parking lot which causes water to be directed onto his property. He stated he had an estimate of a minimum of $20,000 to re -tore his property. Mayor Grabek directed the Administrator Bernhardson to review Mr. Henry's case with City staff. It was Moved by Mayor Grabek, seconded by Councilmember Sime to reduce the 1988 market value to the 1987 market value of $86,400 because of the damage sustained to this property and direct staff to report to Council on Mr. Henry's situation. Motion, Ayes 4, Nays 0. 7. Jane Slaughter, 4545 Wayzata Blvd - PID 30-118-23 31 0005 The Assessor has recommen<ed no change in the 1988 market value of $131,900. Mrs. Slaughter stated that no one took into consideration during the valuation the fact that this property is land locked. Assessor Wilie stated he was aware of some vaF— ment problem, but the house has been built, they are able tr) entf�r an,i 2 exit the property. He atated there is minimal land value on this 13.88 acre site. It was moved by Mayor Grabek, seconded by Councilmember Sime to accept the Assessor's 1988 market value of $131,900. Motion, Ayes 4, Nays 0. 8. James Powers, 2485 Dunwoody Avenue - PID 20-117-23 22 0016 and 20-117-23 22 0014 Assessor Erickson stated he had reviewed this property. Mr. Powers asked hoer there can be a $30,000 increase in land value in cne year. He stated that the rental cabin, on the small lakeshore parcel, encroaches on his property and access is through an easement over his property. It was moved by Mayor Grabek, seconded by Counr.ilmemter Sime to accept the Assessor's 1988 market value of $201,400 on PID 20-117-23 22 0016 and to reduce the land value on PID 20-117-23 22 0014 to $133,000 making the total 1988 market value on PID 20-117-23 22 0014 of $168,400. Motion, Ayes 4, Nays 0. Mayor Grabek asked if there were any comments Ccuncil wanted to make on the remaining recommendations by the Assessor. Councilmember Goetten asked Assessor Erickson if there was any more that could be done for Mrs. Setterlund. Rita Guderian stated the valuation had been reduced from $185,400 to $178,500 but felt that was a fair value of the property. It was moved by Mayor Grabek, seconded by Councilmember Sime to accept the reappraisals as recommended by the Assessor. Motion, Ayes 4, Nays 0. The following recommendations were accepted: Rick's Super Value 3333 Shoreline Drive PID 20-117-23 11 0024 Assessor recommends a change in the 1988 market value from $758,300 to a 1988 market value of $736,300. Daniel Kelly, 860 Windjammer Lane - PID 07-117-23 11 0011 Assessor recommends a change in the 1988 market value from $230,400 to a 1988 market value of $221,800. Charles Affias, 1404 Baldur Park Road - PID 08-117-23 34 0018 Assessor recommends no change in the valuation but this property needs to be reclassified from seasonal to RL. Classification will be changed when owner files the dEed with City and applies for homestead. Winslow Mankin, 2560 old Beach Road - PID 21-117-23 22 0010 Assessor recommends a change in the 1988 market value from $139,900 to a 1988 market value of $129,200. Kenton 6 Diane Carlson, 3498 forth Shore Drive - PID 08-117-23 43 0014. Assessor recommends no change in the 1988 market value of $59,500. Kenton & Daine Carlson, 3498 North Shore Drive - PID 08-117-23 43 0015. Assessor recommends no change in the 1988 market value of $110,300. Jerald Nelson, 1629 Bohn's Point Road - 7-23 11 0005 Assessor recommends a change in the aet value from $489,900 to a 1988 market value of $469,7Asc. Gordon Ritz, 1080 Ferndale Road West - PID 02-117-23 43 0007 and 02-117-23 43 0011. The assessor recommends a change in the 1988 market values as follows: PID 02-117-23 43 0007 from $523,800 to $543,800 and PID 82-117-23 43 0011 from S30,000 to $10,000. Al Glover, Casco Point Road lot - PID 20-117-23 43 0037 Assessor recommends a change in the 1988 market value from $4,900 to a 198E market value of $3,000. John Quam, 3769 Northern Avenue - PID 17-117-23 34 0051 Assessor recommends no change in the 1988 market value of $83,090. Gary Echloff, 1965 Fagerness Point Road - PID 18-117-23 14 0009 Assessor recommends a change in the 1988 market value from $153,390 to a 1988 market value of $128,700. Martha Kaster, 585 Brown Road South - PID 03-117-23 31 0003 Assessor recommends no change in the 1988 market value of $65,000. Daniel J. Dickey, 4425 North Shore Drive - PID 07-117-23 34 0003 Assessor recommends a change in the 1988 market value from $171,200 to a 1988 market value of $166,700. David Lewis, 220 Wakeficrld Road - PIU 35-118-23 31 0010 Assessor recommends no change in the 1988 market value of $557,800. Darel Leipold, 678 Tonkawa Road - PID 05-117-23 33 0008 Assessor recommends no change in the 1988 market value of $111,200. James Thompson, 2180 Prospect Avenue - PID 10-117-23 31 0019 Assessor recommends a change in the 1988 market value from $53,699 to a 1988 market value of $29,000. Robert Lapinski, 2984 Casco Point Road - PID 20-117-23 31 0036 Assessor re(-nmmends a change in the 1988 market value from $196,009 to a 1988 market value of $188,909. Elmer Martinson, 2799 Pheasant Road - PID ?1-117-23 32 0003 i� Assessor recommends a change in the 1989 market value from ■ $292,600 to a 1988 market val,ie of $;.87,600. 4 Gale Putnam, 1365 Tonkawa Road - PID 08-117-23 42 0004 Assessor recommends no change in the 1988 market value of $267,800. Mrs. Frances D. Setterlund, 4415 North Shore Drive - PID 07-117- 23 43 0917. Assessor recommends a change in the 1988 market value from $185,400 to a 1988 market value of $178,500. Dale R. Anderson, 979 Tonkawa Road - PID 08-117-23 12 0002 Assessor recommends no change in the 1988 market value of $221,800. Alden Anderson, 1830 Shoreline Drive -- PID 10-117-23 42 0002 Assessor recommends a change in the 1988 market value from $196,000 to a 1988 market value of $186,500. Anfin Blakstredt, 350 North Shore Drive West - PID 06-117-23 23 0011. Assessor recommends a change in the 1988 market value from $79,900 to a 1988 market value of $77,700. Richard Brown, 2685 Shadywood Road - PID 21-117-23 23 0050 Assessor recommends no change in the 1988 market value of $266,800. Margaret and John Davis, 1345 Vine Place - PID 07-117-23 42 9094 Assessor recommends a change in the 1988 market value from $184,400 to a 1988 market value of $176,800. William Dolder, 3513 Lyric Avenue - P'D 17-117-23 43 0043 Assessor recommends a change in the 1986 market value from $88,300 to a 1988 market value of $82,600. Ward Edwards, Vacant lot - PID 20-117-23 12 0027 Assessor recommends no change in the 1988 market value of $ 8 0 1 C P 0 . Bruce Garlock, 1179 Elmwood Avenue - PID 07-117-23 14 0030 Assessor recommends a charge in the 1988 market value from $137,200 to a 1998 market value of $126,000. Alvin A. Hagen, 2430 Casco Point Road - PID 20-117-23 21 0014 Assessor recommends no change in the 1988 market value of $167,400. Todd Haugen, 722 Tonkawa Road - PID 05 117-23 34 0001 Assessor recommends a change in the 1988.MI ket val,4e from S153,200 to a 1988 market value of $121,�100. Kevin 6 Suzanne Hinrichs, 1205 U avenue - PID 07-117-23 4 1 9006. Assessor recommends a r the 1988 market value from 581,100 to a 1988 market val u, 1800. Raymon,l Hoffman, 1000 Tonkawa Road - PID 08-1117-23 12 9095 Assessor recommends a change in the 1988 market value from $241,6001 to a 1988 market value of $229,900. C James A. Lovestrand, 346� Ivy Place - PID 20-117-23 42 0031 Assessor recommends a change in the 1988 market value from $223,000 to a 1988 market value of $220,700. Leland Martineau, 4755 Tonk,•jiew Lane - PID 07-117-23 32 0057 Assessor recommends no &.ange in the 1988 market value of $97,000. John Miller, 1105 Tonkawa Road - PID 08-117-23 13 0004 Assessor recommends no change in the 'R8 market value of $471,900. Steven Peterson, 2745 Casco Point Road - PID 20-117-21 23 0006 Assessor recommends no change in the 1988 market value of $198,600. Paul Pohle, 2789 Pheasant Road - PID 21-117-23 32 0005 Assessor recommends a change in the 1988 market value from $293,500 to a 1988 market value of S277,200. Edwin Ritchie, 218E Webber Hills Roams - PID 03-117-23 34 0008 Assessor recommends a change in the 1988 market value from $156,500 to a 1988 market value of $152,300. Rodney Roath, 1075 Tonkawa Road - PID 08-117-23 13 0002 Assessor recommends a change in the 1988 market value from $269,300 to a 1988 market value of $256,200. William Sinclair, 1360 Cherry Place - PID 08-117-23 32 0021 Assessor recommends no change in the 1988 market value of $158,200. Dick Stevens, 250 Hollander Road - PID 25-118-23 43 0027 and 25- 118-23 44 0014. Assessor recommends a change in the 1988 market values as follows: PID 25-118-23 43 0027 change from $180,200 to a 1988 market value of $160,200 and PID 25-118-23 43 0014 change 1988 market value from $8,000 to a 1988 market value of $5.000. Allrew Stewart, 133 Chevy Chase Drive - PID 36-118-23 41 0022 Assessor recommends a change in the 1988 market value from $163,500 to a 1988 market value of $157,000. Henry and Virginia Sweatt, 3225 Bohns Point Rr PID 08-117-23 44 0010. Assessor recommends a change in the 8 market value from $354,800 to a 1988 market value of $346,400. George Torkelson, 670 Tonkawa Road - Pro 05-117-23 33 0009 Assessor recommends a change in the 1988 market value from 510i,300 to a 1988 market value of $99.7091. Mr. ant Mrs. Bullock, 2940 Cast-'o Paint Road - PID 20-117-23 31 0015. Asses: or recommends no change in the 198A market value of $151,800. Gary Goimundson, 3412-3420 Shoreline Drive - 11-117-23 43 0098 Assessor recommends no charge in the 1988 market value of $329,000. Robert W. Carlson, 2080 Shadywood Road - PID 17-117-23 31 ;. Assessor recommends a change in the 1988 mar':et vale $216,900 to a 1988 market value OL $207,400. Robert Griffin, 3670 Northern ',venue -- rID 17-117-23 34 0018 Assessor recommends a change in the 1988 market value from $55,990 to a 1988 market value of $48,909. Lawrence T. Huderle, 3590 Norther;: Avenue - PIG 17-117-23 43 0138 Assessor recommends a change in the 1988 market value from $31,200 to a 1988 market valuf, of 52 (,,66(' Bryce Johnson, 580 North Arm ))rivC - PAI.) 06-1 1-23 42 0005 Assessor recommends a change in tt.e 1, •tarket value from $237,300 to a 1988 mar;.et value of $229,30,,- Walter ind Donna Krahl, 4775 North Shore Drive - PID 07-117-2'0 32 0022. Assessor recommends no change in the 1988 market value of $160,900. Marilyn B. -Thorne, 2935 Casco Point Road - PID 20-117-23 24 0031 Assessor re�,c.mmend, no change in the 1988 market value of $193,300• L) yid Very i lle, 4309 N -)rth Shore Drive - PID 07-117-23 43 Assessor recommends a change in the 1918 market valu: $121,890 to a 1y38 market val --� of !�118, I +. Assessor Erickson state: 3t a�-proxi;,,tely ten property owners who had n-t attended the _,t.evious Board meeting but had called him stati na they were no tia,f ied with the r, v iew. Erickson suggeste, t'-,e Board mak. i .n that they before the County Board. It was moved by Mayor Grab�k, Aed by Counci Irr , - . Gortten, that t'iese persons be n by mail that no •11ge has been made by the Loca 1 Board a iey wi sh to appea 1 the i r 198R market value 'heir next the County BoarJ of Equa . zat i on. Mot i. Cis 4, Navc n. 'rhe following pe : r led: Scott Brickley, )ad - PID 20-'17-23 32 0010 A. Lawrence Kara ( int R-lad - PID 20-11 i-23 23 0004 Harry Fa!:er, t ;,vst...t - ^ID 20-117-23 24 C925 Xv—'.— Levy, ' I?- '. are t)r1 •! - PID 99-' 17-23 44 9001 -. .'• nnsset t, Roan - PID 21-11-' . 32 00J2 Ili Ii^ 'Nadeau, 2„ A Hills Rt.,ad - PI[ 03-i.17-23 34 0027 ,.,•ve Runkle, 2684 Casco Point !toad - PID 20-117-23 24 000; 7 Joan 6 William Damnier, 3550 Ivy Place - PID 20-117-23 42 0016 Richard CheL')a, 1340 Vir- place - PID 37-117-23 42 0031 Elaine Erickson, 2773 ^_a^c.o Point Road - PID 20-117-23 23 0018 It was moved by Mayor Grabek, seco,,ded by Councilmember Sime tc adjourn the Reconveaed 14138 Enard of Review at 9:16 P.M. M ion, Ayes 4, Nays 0. James R. Grabek, Mayor h'. i TEST. Dorothy M. Hallin, City -Clerk AG rr �Ji1 131:," i TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Director DATE: June 8, 1988 SUBJ: Resident Survey - Parks and Recreation Recently, the Orono Park Commission determined that in order to assist them in long and short term Planning of Parks and Recreation in Orono, it would be very he 1 E fu i to determine the needs of the community. To accomplish this, the Park Commission is requesting funding to perform a survey of the needs of the community. They have drafted a questionnaire (see attached) to be mailed to each household in Orono. Costs for copying, mailing and return mail are estimated at $2,500. Recommendation - To approve p:.oceeding with the su.L-�ey to determine Parks and Recreation needs for the City of Orono and to authorize up to $2,500 of which monies will be used from the General Fund Contingency. PROPOSED MOTION: __moved, seconded, *.-) approve conducting a survey to determine the Parks and Recreation reeds for the City of Orono and to authorize spending up to $2,500 of which monies will be used from the General Fund Contingency. Ayes , Nays To: Mayor Grabek Orono City Coun,il Members From: Mark F. Bernhardson, City Administrator l Forwarded recommending approval. 1988 ORONO PARR AND RECREATION RFSIDP.NT SURVEY A. In order to careful.11y Flan for the recreation needs of all Orono citizens, we ask for the following personal information. Household Size/Age Ages 6-12 13-19 20-5, 55 and Over Street Address B. The followinq is alist of existing Park and Recreation sites in the City of Orono, please indicate the approximate number of times that members of your household have visited these facilities. Orono Parks Nuskber of Yearly Visits Casco Circle Park - at the end of Casco Point Poad Livingston Tower Park - 't3laine & Livingston Navarre Playround - Lyric 6 Shadywood Road Roberta Lee Antonie Playground - Cozr : & Fagerness Point Road Highwood Nature 'Trails - across from Fighwood Road on North Shore Drive Bederwood Park - Stubbs Bay Brad adjacent tc Luce Line Trail Hackberry Park - Willow Drive just north of Watertown Rcad Crystal Bay Playground - Directly behind the City Administration Bldg Summit Park Swimming Beach - on East Long Lake Road Lydiard Swimming Beach - on Carmens Flay off Kelly Ave. Casco Swimming Beach - between 2811 s 2879 Casco Point Road Sandy Reach Swimming Beach - on North Arm Bay off Mafle P,e . 4 C. Recreation Facility Importance Using the numbers 3,2,1, please indicate the level of importance to the members of your household for the following facilities. (3 represents the level of greatest importance) Tennis Courts Baseball/Softball Diamonds Ice Rinks - General Hockey Rinks Preschool Play Apparatus Pla; Apparatus - Older Picnic Areas Basketball Courts Volleyball/Badminton Courts Football/Soccer Fields _ Swimming Beachs Swimming Pools Cross Country Ski Trails Snowmoblie Trails Nature/wildlife Areas Cross Country Bike/Hike Fishing Piers Motorized Bike Trails Horse Riding Trails Golf Course Horeshoe Courts Sliding & Other Tobogganing Area Other Trails D. Park Suggestion Improvements Please indicate anv changes, additions o, Improvements you or other household members would like to see in the Orono Parks. If you have any questions please call John R. Gerhardson, Public works Director at 473-7357. Please return within 2 wec%s. �o -1-3-S� Michael D Doshan James F. Lord Fredric A. Bremseth DOSHAN. LORD & BREMSETH YUnta. i a/ ._faa 810 East Lake Street Wayzata, Minnesota 55391 612-475-2600 ..49 .. June S. 1988 Mr. John R. Gerhardson Public Works Director CITY OF ORONO P. O. Box 66 Crystal Bay, Minnesota 55323 Re: 3508 Ivy Place Dear Mr. Gerhardson: Downtown Faciltt) 4624 IDS Tower Minneapolis. Minnesota 55402 , UH 13 Today you asked that I write you this letter in order that the problem with the unusual water meter readings at 3508 Ivy Place be brought to Orono City Council's attention for their consideration. PROBLIVW : The home at 3508 Ivy Place was billed for 991,000 gallons of water for the last quarter of 1987. HISTORY: The house at 3508 Ivy Place is owned by Mr. Stephen B. Wilsr-' Mr. Wilson has lived at that address for 12 years. Throughout this time, his water usage has been normal, except for one quarter in 1980 indicating the usage at 268,000 gallons. Periodically the home has had dripping faucets and leaking toilets. However, even with those problems, your staff has been unable to find an explanation of water usaqe that could come close to accounting for the amount of water represented in your billing. At our request, you had this mete_ tested at Munitech, Inc. wliere 520 gallons of water was run through the meter. It is my understanding that to test for a meter where one gear may be catching on another gear, it would he nec(-ssary to run over 10,000 gallons trough the miter. On April 4, 1988, the meter read 040300. Today Mr. Wilson read his inside meter which read 070940. According to the way you read meters, in the last six we( a he has used over 6,000,000 gallons of water. Mr. John R. Gerhardson June 6, 1988 Page Two You told me that there is no doubt that the meter is working correctly and that you demand payment from Mr. Wilson. (You might agree to a payment program.) You agreed that something is wrong, but you deny that it can be the meter. PROPOSAL: 1. We assume the meter is not working properly. 2. Install a new meter. 3. Bill Mr. Wilson far his normal usage over these periods of time. 4. If the new mete: indicates that Mr. Wilson is using millions of gallons o! water over short periods of time, we look for other possible sources for the problem. Thank you for your consideration in this matter. Very truly yours, / D03HAN, LORD 6 BREMSETH 1 Jim Lord JFL/ckg HAND DELIVERED F JUN 131� Tot Mayor Grabek Orono Council Members eJKV City Administrator Bernhardson V !rasa: Jeanne A. Mabusth, Building i Zoning Administrator Dates June 8, 1988 Subjects #1214 Richard & Karen Ziminski 1095 Brown Road North - Final Subdivision - Resolution The subdividers have fulfilled all conditions of Resolution i2363 (enclosed herewith). All required payments and submittals have been received by the City. Staff recommends approval of the Flat, Evergreen Ridge, subject to the findings and conditions set forth in the enclosed staff resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING TM PLAT OF EVINGMEN RIDGE APPLICATION NO. 1214 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a two lot plat by Richard D. Ziminski and Karen Ziminski, the subdividers; and WHEREAS, the subdivision has been found to meet all standards of the RR-1B,Rural Residential Zoning District finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdividers have completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2363. 2. Dedication on the plat of rights of way for public roads, shown as North Brown Road and County Highway No. 6. 3. Dedication on the plat of drainage and utility easements. 4. Payment to the City of a Park redication Fee in the amount of $20C.00. ;. Payment to the City for the legal review art, filing of the plat in the amount of $75.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono t,ereby approves the plat of Evergreen fridge, Hennepin County, Minnesota, subject tc the following conditions: 1. Prior to the issuance of a building permit for new constru-tion on Lot 2, Block 1, Evergreen Ridge, a 30' wide section of existing gravel drive adjacent to the west lot line must be removed and ground cover restored within the disturbed area. The use of the existina loop driveway that now provides access to both County Road No. 6 and North Brown Poad is not approved with this subdivision. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. Lot 1, Block 1 shall achieve access solely from County State Aid Highway No. 6 and Lot 2, Block 1 shall achieve access solely from North Brown Road. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before December 13, 1988 together with a certified original copy of this Resolution. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 13th day of June 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 2 of 2 'EVERGREEN F?IUGE .- -pLqNTY t10 G City of OR(7NO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION APPLICATION FOR KAREN 4 RICHARD ZIMINSRI FILE NO. 1214 WHEREAS, Karen b Richard Ziminiski (hereir►aftQr "the applicants") on September 25, 1987 filed a formal subdivision application with the City for a division ui , lots of z property legally described as follows: See Exhibit A, (hereinafter "property"); and WHEREAS, after due published and mailed notice in accordance with Minn`Eota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on October 19, 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 February 8, 1968 the Orono City Council considered the subdivision application of the applicants, notinq the following findings of fact: 1. The property is located within the RR-lB Single Family Rural Residential zoning dis*rict requiring a minimum of 2 -acres of contiguous dry buildable land within each nt'wl;; created lot.. 2. The property contains a total of 6.2 acres, all of which is considered dry buildable. 3. The proposed plat contains 2 lots each -ting the 2 acre ir' um lot area requirement. 4. Each lot shall be served by an existing curb cut. Lot 1 snail access only off County Road 6 end Lot 2 shall access only off Borth Brown Road. 5. All of the lots meet t t wired 200' width adjacent to the road and at the rear of the fre. rd setback line. A single family residence can r„, ronstzuc*ea on Lot 2 without the need for any variances. 6. rept i c testin confirmed that each lot contains adequate and suitah]o soils fa- ite sewage treatment disposal systems. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1�_3t3 NOW, THEREFORE HE IT RESOLVED, that based upon either oae or more of the findings notes; above, the City Council of the City of Orono hereby approves the preliminary plat application of Karen & Richard Ziminski per t):� plat drawings by Mark S. Gronberg dated September 25, 1987 and revised January 18, 1988, subject to the condition that prior to the issuance of building permits for new construction the final plat must be filed with the Hennepin County Recorder's Office and the removal of the existing paving completed by May 1, 1988. Please note a building permit will not be issued for new construction on I.ot 2 until specified area of existi:i gravel drive is removed. Final Plat Submittals The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the :.-gulariy scheduled Council meeting on the second and fourth Mondays of the month: 1. RECORD PLAT drawings in the form of two (2) mylar copies a:,1 one (1) copy reduced to 1"=2001. Drawing to include: a) Lot lines platted per preliminary .survey by Mark S. Gronberg dated September 25, 1987 and revised January 18, 1988. b) Dedication of "d-ainage and utili*.y easements" 0' wide along all perimeter property lines and 5' each side of internal property lines. c) Dedication of road right f-ways for North Brown. Road an3 County State Aid Highway No. 6. 2. IEGAL DOCUMENTS required: a) Title opi-ion addressed to t- ^sty. All owners, mortgage holders or others with property _erest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currer'ly affecting the property. 3. FEES TO BE PAi'-'- Total DL lt425.00 a) Park de(" ration foe per current schedt• ie: $200 x 1 00.00 b) Final plat fee - $150.00. c; Legal review and filing fees of $75.00. Page 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 236 ; Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of February, 1988. 1 n, C ty Clerk Jame R. Grabek, Mayor Pagr 3 c,f 3 �y � �i UL.•� .vii � Wti,lf �► .. .v'G� STATE OF MINNESOTA ) COUNU OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallir. - t.y Clerk of the City of Orono, Hennepin County, Minnesota, do L! aby certify that I have compared the foregoing copy of a resolu',.:un of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on February B , 19 88 , and the'. the same is a true and correct copy of said resolution was duly adopted by said City Council St said meeting. In Witness Whereof, I have hereunto set my hand a►l seal this ath day of Febi uricy 19 thy M allin, City Clerk (SCAL) 9 To: Mayor Grabek Orono Council Memhers J1- City Administrator Bernhardson From: Tom Jacobs, Building 6 Fire Inspector "'flu Date: June 6, 198B Subject: #1263 Windward Marine - 1444 Shoreline Drive - Variance - Commercial Site Plan Review - Resolution Additional Cossents - Planning Commission Pecommendation Additional Exhibits Exhibit T - Planning Commission Minutes Exhibit U - Planning Commission Notice Exhibit V - Agreement (Draft) Exhibit W - Memo, Tom Jacobs - May 12, 1988 Exhibit X - Engineer's Report - May 16, 1988 Exhibit Y - Run-off Calculations, Details - Baffle Weir Exhibit 7. - Gazebo Plans Please review the memo by Tom Jar-obs dated May 12, 1988 that reviews the commercial site plan reiew and variance sections of this application. Staff's additional comments in this section will deal only with items left unresolved with the Planning Commission's review at their May 16, 1988 meeting. Please refer to Exhibit V, the agreement drafted by &�plicant on the three year phasing of the project. A copy of the agreement has been sent to the city attorney for review and comments. The applicant has also submitted run-off calculations (Exhibit Y) for the property and detailed t lans of the gaff le weir. This has been submitted to the city engineer fcr review. The applicant is still pursuing the crosswalk matter with the Hennepin County Department of Transportation. The enclosed staff resolution has been drafted per the Planning Commission recommendati:)n and the recommendations sighted by staff above that woulc: be required. 1. The baffle weir details to be approved by the city engineer. 2. That the applicant's contractor is to Purdue the crosswalk on County Road 1'. 3. That the app 1 icant provide a 3 year 1 hase agreement approved by the city attorney. 4. That the atp 1 icant make any changes to improve run-off on the property recommended by the city engineer. City of ORONO RESOLUTION Of THE CITY COUNCIL NO A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 5, SECTION 10.41, SUBDIVISION 7 (A), (3) SECTION 10.41, SUBDIVISION 9 (B), SECTION 10.41, SUBDIVISIONI 10 (D), SECTION 10.41, SUBDIVISION 10 (C) PILE #1263 WHEREAS, James P. Rivers, the owner of windward Marine, Inc. (hereinafter "the applicant") is the owner of the property located at 1444 Shoreline Drive within the City of Orono (hereinafter "Cite") and legally described as follows: See Exhibit A, attached. WHEREAS, the applicant has filed a commercial site plan for apl.roval by to the City and has apElied for multiple variances to lermit the major upgrading of the mar' na I ro;erty that would prol.ose removal of the two existing structures alai the installation, of •:,ne 50' by 90' commercial building located on the Tanager Lake side of thy• property and a gazebo with grass picnic area on the Brown's Ray side. Su(h iml,rovements would require the following variances: Section 10.41, Subdivision 5 Parking stalls, variance required - Required s 77 stalls Existing = 76 stalls Proposed = 73 stalls Variance = 4 stalls or .05% (harking area separated by puh:lic roadway - Tanager Lake side a 47 stalls Brown's Bay side = 26 stalls) Stcrion 10.41, Subdivision 7 (A), (3) Variance is sought to th( required 10' landscaping buffer adjacent to roadway - Required 50' (maximum allowed break in lar.dscat,in.g for access lurhoses) Proposed 60' Variance a 10' Section 10.41, Subdivision 9 (B) 1. Lakeshore setback required for commerical structure on Tanager Lake side- Paqe l of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Required - 75' Existing - 55' Proposed - 36' Variance - 39' or 52% 2. Required side yard setback for commercial structure - Required - 10' Existing - 14' Proposed - 9' Variance - 1' or 1.01 Section 10.41, Subdivision 10 (D) Hardcover variance is required for new construction - Tanager Lake side- 0-75' setback area Allowed = 0 Existing _ 8,720 s.f. or 96.8• Proposed 6,376 s.f. or 701 75-250' setback area Allowed 25% Existing 9,700 s.f. or 100% Proposed 9,110 s.f. or 94• Total reduction on Tanager Lake side of 2,934 s.f. of hardcover. Brown's Bay side- 0-75' setback area Allowed = C Existing = 4,400 s.f. or 48% Proposed =- 3,900 s.f. or 43% 75-250' setback area Allowed 254. Existing = 9,700 s.f. or 100% Proposed 4,375 s.f. or 45% Total redu-tion on Brown's Bay side of 5,825 s.f. of hat,lr-over. Total hardcover removed - 8,759 s.f. or 23.9% hardcover. Section 10.41, Subdivision 10 (C) Str<-ef Setback required fc— new commercial structure- Pequired a 50' Existing - 8' rrotosed = 10' Variance - 40' or 80tt NOW, 711222FORE, BE IT RESOLVED by the -i ty Council of Orono, Minnesc,ta: rage 2 of 6 City of OR(INO RESOLUTION OF THE CITY COUNCIL NO. FINDINGS 1. This application was reviewed as Zoning File 11263. 2. The property is located in the B2 Lakeshore Business District. 3. The Orono Planning Commission reviewed this application on May 16, 1988, and recommended approval of the proposed variances based upon the following findings and hardships: A) The total hardcover removed as a result of those improvements will be 8,759 s.f. or 23.9%. B) The removal of the two commercial structures and the replacement with just one structure will result in a less intense commercial use of this severely limited property. C) The area on Brown's Bay side will be designed for outdoor picnic use by the members of the marina. The storage structure will be replaced with an extensive green landscaped area with a gazebo. D) Access wi 11 be getter defined with the curbing on both sides of the street where access would now be provided to designated parking areas. E) The applicant has proposed a better control of drairage and treatment of run-off with this proposal. F) The new 1.rcEosal will provide far more green area than the present faci 1ity. G) The property has sustained a marina use for over 25 years. 4. The City Council has considered rl.i s apt 1 ication including the findings and reccmrr.endatIons of the Planning Commission, reports by City staff, comments by the apt licant and the effect of the proposed variance on the health, safety and welfare of the community. 5. They City Council finds that the conditions existing on this 1,raterty are teculiar to it and do not apply generally to other troterty in this zoning district; chat grantinq the variances would rot arIversely affect traffic conditions, light, air nor Lose a fire hazard or ether danger to neighboring trotertyt would not merely serve rage 3 of 6 C i t `, of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 tho spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLOSIOINSv ORDER AND CONDITIONS Based upor one or more of the findings noted above, the Orono City Council hereby grants approval of the above referenced variances to permit the major upgrading of the commercial lakeshore property known as Windward Marine, Inc., based on plans drawn by Rutledge Construction, Job No. J6158, revised date 4/4/88 Sheet 2A subject to the following conditions: 1. Prior to issuing a building permit for new construction and/or issuing a demolition permit for the razing of the existing structures the following must be completed by the applicant: A) The execution of an agreement by both applicant and the City of Orono that would set forth a three year phased improvement project for the comprehensive upgrading of the marina property that would extend the effective deadline of the variances noted above for a three year period commencing at this current approval date. B) Approval by the City Engineer of the final drainage and surface run-off plans for the parking areas. C) Site plans to be amended to include a green area south of the crane location on Tanager Lake. 2. Payment of two SAC units at $900.00 ($450.00 per unit), to be paid with the building permit for the construction of the comx-Prcial structure. 3. The 50' by 90' commercial structure must be provided with an automatic sprinkler system per State Building Code, Appendix E. 4. An approi,-iate soil erosion control E rogram shall be maintained throughout the entire project and until permanent erosion control is in effect. 5. Applicant shall work with the Hennepin County Highway Deyarts+ent of Transportation to pursue the possitilit of a crosswalk tetween the twe cc;trtrtwrcia 1 1.ortionn of the facility un Tanager Lake and Brown's Pay. Page 4 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. Applicant shall provide 6 "year round" parking stalls on the south side of the existing and proposed structure on Tanager rake tc assure adequate customer larking space during winter boat storage months. 7. Authorities granted with this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit per the guidelines for the phased development set forthe in the above referenced agreement between the City and the applicant that would allow the completion of the entire project by 1991. 8. 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 junishable as a misdemeanor. 9. 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 tc the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June, 198E. ATTEST: Dorothy M. 11ei1]in, City C1. rr Jar vs P. Cratek, Mayor Property ownerfs Pagr S c f 6 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) > ss. COUNTY OF HENNEPIN ) On this day of _, 198 before me a Notary Public' within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )as. COUNTY OF HENNE.PIN ) On this day of , 198 , betore me a Notary Public within and for said County, perso-illy appeared known •- me to be the person(s) described in and who executed the fortyoinginstiument, and acknowledged that he (they) executed the same its his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Paqe 6 of 6 CITY OF OR06' - GENERAL LAND USE APPLICATION ----------- &-11 ------------------------------------------- PROPERTY LOCATION Site Address �'1�`% I1. TZ� �t�` L1Rio n-IR n Yv1 N, Property Ident if ication Number (P. I. D. }��n C�yl__ ,(_ �I n .gz^ «Ols/� 0CIA U2/ i Please check one - Property abstract or �_ torrens? aa�0 (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. ------•------------------------------------------------------- APPLICANT Phone (home) Name _Phone (work) q �J - R ° . E Address City DROOL) Zip r<7 ----------------------------------------------- ------------------------ OWNER (if different than applicant) Phone (home) Name Phone Address City Zip Date Property Acquized (month/y.-.ar) I (A) (do not) also own the adjacent parcels of land. -------------------------------------------------- --------------- FEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use CITY OF OW $150.00 b) Institutional (church, school, etc.) F;.�`hACE �tFrCr $150.00 c) Duplex Credit/Bldg '3.5J` 000 11 :'1 �a :`J. CO $250. 00 d) Commercial/Industrial Use ' I"&'G`X ,It vi v .11 $200.00 f) Land Alteration 'i "rX :CY.SS y Grading and filling - designqted wetland pr)o floodplain Grading and filling - 101 cu, s of swro ,.34 Grading, seawall, retaining rt#� i�, with �a A.S . of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 FAfSement Vacation $ 50.00 F.aspment Vacation With Subdivision $250.00 Pezoning $ 1 00. 00 AElprA 1 s Other - see fee schedule PRESENT USE. OF PROPERTY �. Present 'Zoning District Present Use of Property _ Residential ► -�L. CJ1v�r:�1t�*,GiAL_ Other (specify) .!A _S <<nvIc%t / ---------------------- I --------------- ------------------------------------ DESCRIPTION OF REQUEST Describe request in detail: 3"u^OIL, ALuF_g Y.•_'.NjT TO S(t �' �J/A! 4 5 �'-,��RLIC�$' 1 ')" n�►)�-T'ra ll.V�T rAC11--1•t�/� i���IC �'L) �•,�L, 1T�owl of Tvu1(� �x1 .� 1.Ij` 124A1►L-011�lC, --------------------------------------------------------------------------- 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 , -603 Government Center 348-3271) 3. Stamped, legal sized envelopes (i10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. Plat Map. 8. As an adden•lum to this application, pin-ase attach a separate list of any other persons you wish notified of this application. --------------------------------------------------------------------------- The applicant and Property Owner must sign this appli--,stion. Please remember that your application is not complete if the above information has not been included. ---------------------------------------------------------------------------- Certification by Zoning Department that Ldnd Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signatur( _ Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation in(] verification of this request. Owner's signature Date ----------- ----...-------------------------------------- -- Applicant must have all submittals into i_i,.2 City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an ��uthorisc•�1 agent ntten,i in your place and advise the Huil�itnq t 7.oninq office of this change prior to the meeting. .J . DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform yo) that your request for a permit or license from the City of Orono or any of its departments --4f require you to furnish certain private or confidential inform- ation. You are nctified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or fedeLal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license :egires council action to approve, some information may become public. 5. You have tertian rights under M.S. 15.165 to review private data on yourself. 6. Your full. name, and date of birth are required to process this application or permit. First, Middle Last 4d i ': tr -- Address I l Date of it does not apply to building/general permits) PIZ"— I understand my rights as stated above. J X1 �) sgtkaLkire R141 UATE 02/11/87 BATCH 007 38 11-117-23 22 0004 PROP ADOR 014441 SHORELINE OR W.'EA NAME JAMES P RIVERS ETAI TAXPAYER JAPES P RIVERS NA`IE/ADOR 1444 SHORELINE DR WAYZATA MN 55391 38 11-117-23 22 0007 ''RCP ADVR JWKER NAME J P A M A RIVERS TAXPAYER JAMES F A MARY A RIVE"S NAME/ADOR 1444 COUNTY ROAD 1S WAYZATA MM 55391 38 11-117-23 22 0011 PROP ADOR 01432 SHORELI►Zf OR OWNER NAME LAURIN E DOWN ET AL TAXPAYER LAURtw E BORN NAME/AD"' 1432 SHORELINE OR WAYZATA MN 55391 PROP ADOR OWNER NAME TAXPAYER TOTAL BATCH 007 00009 NAME/ADOR HEOW PIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 11-117-23 22 COOS 01442 SHORELINE OR JAMES P RIVERS ETAL JAMES P RIVERS 1444 SHORELINE DR WAYZATA MN 55391 38 11-117-23 22 0008 01449 SHORELINE OR OBM BOAT AND SUPPLY CO nINNETOWA BOAT WORK P O BOX 549 WAYZATA MN 55391 38 11-117-23 22 0012 01420 SM011E LINE OR DAVID J A ANNE D DUFF DAVID J A ANNE 5 DUFF 1420 SHORELINE DR WAYZATA MN 55191 REPORT NC F1435481 PAGE 22 30 11-117-23 22 0006 016" SHORELINE ^R J P A M A RIVERS JAMES P A MAR! A RIVERS 1444 COUt7TY ROAD 15 WAYZATA MH 55391 38 11-117.23 22 0010 J P A M A RIVERS JAMES P A MARY A RIVER 1444 COUNTY ROAD IS WAYZATA MN 55341 30 :1-117-23 22 0013 THE ::TY OF ORONO CITY OF ORONO P 0 SOX " CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF rNFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTM WT OF MIOPEW" JALXATION THE &EST OF MY KNOWLEDGE AND BELIEF. OAT1�.c S1 f / 'M 2) 5EC 7-117, R23 i�Z• 4p Nil L.AK ONO CERTIFICATE OF MAILING STATE OF M1NNESOTA ) 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 concerninv the matter of #1263, was mailed to the attached list of property owners . In Witness whereof, I have hereunto set my hand and seal t'Mi 4th day of April, 1988. Jamio Bosma I CITY OF ORONC NOTICE. The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, April 18, 1988, at 7:00 p.m. on the matter of reviewing the following land use applications: 1. #1255 Orville Fisher, 1991 Fagerness Point Road, seeks hardcover and lakeshore setback variances within the 0-75' setback area to allow various additions to the existing residence. 2. #1259 William C. Odden, 3450 North Shore Drive, seeks a hardcover variance in the 75' to 250' setback area to allow construction of a three -car detached garage. 3. 01260 John Nyquist, 1432 Baldur Park Road, seeks variances for side yard and street setback and a hardcover variance in the 75' to 250' setback area to allow construction of a two -car detached garage. 4. #1261 Joe and Sandy Rauschendorfer, 3895 Shoreline Drive, seek variances for side yard, street, and lakeshore setbacks, and hardcover variances in the 0-75' and 75'-250' setback area to allow replacement of basement and foundation walls, and construction of additions to the existing residence including an attached two -car garage. 5. 01262 Curtis C. Hagfors, 1412 Baldur Park Road, seeks variances for side setback and average lakeshore setback, and a hardcover 4ariance in the 75' to 250' setback area to allow construction of additions to the existing residence. 6. #1263 Janes Rivers, Windward Marine, Inc., 1444 Shoreline Drive, seeks a conditional use permit and variances for setbacks and hardco,,er required for the phased improvement of the marina property. 7. it1264 Tom 6 Chris Smieja, 20 Cygnet Place, seek a lot area variance to allow construction of a single family residence on a substandard vacant lot. 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: Planninq Commission Mic a-Fi l P. Gaffron,14 sst Planninq & ?.onina Administrator To be published the week of April 4, 1988. rn .•w -Lame A -swa Soho* 4w-4we ' • � �` bt,a titiM�� '�. , � � '` �� � � �j�'/ _ ri Jlx TANAGER LAKE ' 1,jow am poop .+ V'r ... �• %w�• Wit` r ` r • -ww LNw" VArm # uftawftft ),-WINOWfLRo` MARINE_- i "ma. � 4�� I- � I L- - -- 5 01- o" •"+ PLAN VIEW *N CJEDvn6?. ec)^:.D cap SOUTH ELEVATION b u0 _L EAST ELEVATION SCALE: 'A". 1'• 0 EAST ELEVATION SCALE. W. 1�-0° Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W, Trunk Highway 36 Engineers & Architects St. Paul, MN 55113 612-636.4600 ;:rah (), 1937 Una (. R...rn.u.., P I N.•IMYI 6, N—, P I J—" c And(Ad. P I R.alJwd A Ira b. 1, P I R. M•d t T-, w. P I. J.w C . cxw . P L. !, 1 L V of !lrollo _ Crystal Bay, MN 55323 Attn: Jeanne Mabusth67M t Re: File No. 139 - 1123 Windward 'tarin Dear Jeanne, LAM. R (*..&, r t ArrA A Lwduo, r 1 I lw.+w A hope, r 1 Rr A.rd W fmw. P E Roam L SrAr.r W. P A H...ol L 1W.dr. P.1. 084W C RMA- d. PE. Jwq A. boMio, P.A M.A A. h%w .PA Tel A fate PE MMANI r RwwA(ww, P E R.fwl R PM/w4, P 1. (M.dO L..AW.. Pt rA.aw r fo+w,... P E MwMd C LPrA. P A As w L M'db, P E. AMn R NoWd. P.E. A.rMA P. Aodwr.. P E. A.wA A Rw two. P E Afar* R R.rri. P E. Rohe C Rwr*, A I. A 1 Wow A. Arnow, P f S, we L rw.A, P L. ( Asks A lnrh� l..o Al PewrWj, Ilorl.. M aM S"" AI L*fftw We have reviewed the preliminary site plan submitted on the Windward Marine property. There are several items which should be modified or added to the plan. The access to the property should be limited to improve safety along County Road 15. One driveway access should be allowed to the east and two driveway access points should be allowed to the west. The driveway access points should be controlled with a median constructed with bituminous or concrete curb. The two parking spaces on the east side of County Road 15 next to the street should be eliminated. The storm water runoff from the site should be controlled with a berm and ponding areas on the grass surface between the lake and hard cover areas. The parking areas should be surfaced with materials other than lime rock. The rock surfacing creates a dust which silts up the grass ponding areas. The parking lots should be constructed with a porous paving block if hardcover is a concern. The parking lots should be paved with bituminous surfacing if the hardcover is not a problem. Yours very truly, BO1ESTR00, ROSE U , AA4DERLIK 3 ASSOCIATES, INC. R (.—'4 glens R. Cook GRC:li 236ar 30 Year Anniversary DEPARTMENT OF TRANSPORTATION'li�j�- 320 Washington Av. South ! APR - 21987 HENNEPIN Hopkins, Minnesota 55343-8468 935-3381 i -- -- ._ . __.! LJ—U TTY 935-6433 March 24, 1987 Mr. Michael P. Gaffron Asst. Planning and Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, 114 55323 Dear Mr. Gaffron: RE: Proposed Plat - windward Marine, Inc. CSAH 15 Approximately 1100 feet north of the Tanager Lake Bridge Sectic„ 11, Township 117, Range 23 Hennepin County Plat No. 1507 Review and Recommenda*ions Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of propcged plats abutting County roads. we reviewed the above plat and make the following comments: - To provide the minimum 66 feet of right of way for a roadway under Hennepin County jurisdiction, the developer should dedicate an additional 11 feet of right of wry, which should be centered on the existing travelled roadway. - Under existing right of way conditions, the sanitary sewer line is not within the road right of way. - The site plan does not show any details for access to the site. The developer must submit a detail access drawing to Hennepi:. County for review. The access will require an approved Hennepin County entrance permit before beginning any c-nstruction. Contact our Maintenance Divisien with the access detail and for entrance permit forms. - F.li parkinq for the site must be cut -side the right of way for CSAH 15. - The developer must submit for review by Hennepin County a detailed plan for the storm drainage from the site. Submit this detail tj Jim Ault, Hennepin County Hydraulics Engineer. HENNEPIN COUNTY on equal opporlunity employer L�_ M. Gaffron March 24, 1987 Page 2 - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Maintenance Division for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, David W. Schmidt, P.E. T-ansportntion Planning DWS/LDW:mr ORONO HARDCOVER CALCULATION WORKSHEET TANA6'E K C . Existing E . Proposed B. LAKESHORE A. ExistingBExi�Linq D. Proposed hardcover hardcover SETBACK lot area hardcover hardcover ge ^. percenta percentage ZONE in zone in zone [ (g;A) x 1001 in zone ( (D:A) x 1001 percet age ti ( ?cG..yr «fib • i fs. k•. ti,,ti C/ , (1J / Q 0-75' 1000 sf 5 Yoo sf 60 % �i d0 sf b D % 0 "!• �......,. •�.10• lal -250' 13000 sf 1 i K00 sf �$ �� 11150 sf 88 % 25 e 50-500' NONt sf sf `�o sf 9�p 30 i o 500-1000' sf sf sf n�o 35 04, Directions: I`I74 Ito :. 2 2000 17 ' A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, s;dewaiks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A anC multiply by 100. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed adaitional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be nc-:essary. ,6 Slu At( (Zoo; prA i.,46 f �.�� p�o�15•tl /2ur ( p/.i4 '"" ?c, df 9fiO'rr EAST L ��o iN i� TO A/0- tti � 1✓AL E ►w��taSlN� ;�rc1cK rpol N�.�(r•,.. 0�sta�rc �'...•� L•ke 10 G.r Ir. •�L�� 100 LAKESHORE REGULATIONS AND HARDCOVER"' 4 SEC. 10.22. REGULATIONS FOR-LR-IA-,-LR-IA-1-,-LR-113-, i01.R-1C- AND0I.R-1C-1. ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any "LR-lA", "LR-lA-1110 "LR-1B", "LR-1C", or %R-lC-l" One Family Lakeshore Residential District the following regulations shall apply: �I Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet.and no building may be located closer to the shoreline than the v rage > ; 30" distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 351 hard cover. Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shore' ine with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. HARDCOVER LIMITATIONS r 0-75' Zone - 01 Hardcover allowed 75-250' Zone - 251 Hardcover allowed 250-500' Zone - 30% Hardcover allowed 500-1000' Zore - 351 Hardcover allowed Percentage of hardcover for each zone is calculated as follows: Area of hardcover Z' v in zone (sq. ft.) X 100 - Percentage of P Area of lot hardcover in zone in zone (sq. ft.) NOTE: Measure setback distances perpendicular to the shoreline, not along the lot line. f i)A'L. I 1.07. "N-401 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 fir,? RESOLUTION DIRECTING STAFF TO ISSUE A COMMERCIAL DOCK LICENSE TO WINDWARD MARINE SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1985 TO DECEMHER 31, 1985 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and e-Isting under the laws of the State of Minnesota and has the author�:y and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, within the City there exist several commercial marinas, hereinafter "marinas" engaged in business activities including but not limited to the following: 1. The sale of new and/or used boats, boating equipment, boat accessories and recreation equipment. 2. The storage, sale, rental, lease, repairing and/or servicing of boats and boat equipment. 3. The sale of gasoline, bait and fishing supplies. 4. The construction and maintenance of docks, boat lifts anJ buoy., on the public waters for purposes of operating the above noted business activities and for rental or lease of such space to a limited number of the (,eneral public for storage of individually owned boats. AND WHEREAS, the City Council has determined that if unregulated, such commercial activity on or near the public waters and on the land within the City may be detrimental to the public health, safety and genE_ral welfare and is therefore subject to reasonable regulations by the City; and WHEREAS, it is the overriding concern of the City to vii,ninate th(� unique problems presented by increasing boat density, hardcover, traffic density, storm water runoff and noise or other E:ublic nui:,ances in the area of the various r^ari_nas; and I'a9(- 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ---J ` WHEREAS, because of the geographical location of the marinas and their proximity to heavy population, and the access t,3 marinas by county and city roads, and the general use of the bays of Lake Minnetonka for recreation of way of swimming, boating, fishing and water sports by the citizens cf Orono, ti.e City regulates both the on - land activites of marinas anri the extensions of docks and mooring areas into Lake Minnetonka in the interest of public order and to protect the life, safety and welfare of the community. The City throLgh its regulations is not licensing boats but is only licensing the marinas to the extent the marina operations affect the general public and the adjacent properties within the City of rrono; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of t1l.e City of Orono with th- Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State , LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and to suppress the clashing of public and private interests and resulting public disorder; and WHEREAS, the regulations of the DNR, LMCD, and the City -f Orono regulate the property rights of the riparian owners both as to single family residential owners and the commercial marina owners, to the extent prohibitinq any interference with the public wat.,rs ad- joining that property. The LMCn, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against inter- ference by anyone, including those who assert the rommorlaw rights of riparian owners, whether or not they be commercial marin:,s or single family residential owners; and WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally. The marinas have no exclusive privileges over :ake Minnetonka. The only additional private right that the marina or .0 riparian owner may have over the public generally is to construct ant dock to the navigable depth of the public waters. There can be no dispute but that the public generally and cacti riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake M,innr_;.onka for all suitable purposes in common with all other riparian owners. This right is a right not only to -iembers of the public bit the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the bake such as boating ar.0 fishing therein; the riparian marina hae. no exclusive privileges to these rights; and Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1867 -��--'-J WHEREAS, as the population has increased around Lake Minnetonka, and in the Twin City Area generally, it is clear that more and more people have used :he lake for sailing, rowing, fishing, boating, bathing, skating, and other public purposes which cannot be now fully enumerated or even anticipated; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the Lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the marina as a commercial riparian owner only has limited riparian rights incident to the ownership of real estate bordering upon Lake Minnetonka. The marina operator has a limited right to build and maintain one suitable landing or dock, on and in front of his land, and to extend the same therefrom into Lake Minnetonka to a point of navigability; but, under no circumstances may he encroach into Lake Minnetonka to a point where he impairs the water's navigability for other public purposes or where he unreasonably interferes with the surface water rights of all riparians and members of the public generally; and WHEREAS, it is fundamental that a riparian owner's rights are measured by the necessities and character of his use. The marinas, for private commercial gain wish to temporarily and, in fact, permanently alter the use of the surface water in Lake Minnetonka. Certain sections of the lake, once a source of excellent fishing, have been converted and, in fact, in the future will continue to be converted, into a commercial enterprise all to the detriment of other riparian owners and the public. The marinas present operations and contemplated operations far exceed a reasonable use of their limited riparian rights; and WHEREAS, the most general public use of the water is paramount and should take priority over excessive riparian use for commercial purposes of the lake by the marinas; anti WHEREAS, the marinas have separated and disassociated from the normal riparian rights in many sections of the public waters �n Lake Minnetonka by having extended their docks out into Lake Minnetonka beyond the point of navigability and have trarisf erred thy -- rights to others who do not have riparian rights and who are not members of the general public who obtain access and use of Lake Minnetonka by use of the public access points aionc, Lake Minnetonka. Such commercial transfers of the riparian rights of Lake Minnetonka have resulted in an abuse of reasonable riparian access to Lake Minnetonka. Such abuses must be qualified, restricted and subordinated to the paramount rights of thy public to the public waters of bake Minnetonka; and Page 3 of 4 . City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ] 867 WHEREAS, as a condition to the issuance of the 1975 commercial marina licenses, each commercial marina operator agreed with the City in writing to an Operations Agreement outlining a three- year phased improvement program established to replace natural vegetation previously removed, to provide for adequate storm water runoff controls, to provide for o--n space and vegetation buffers between the marina properties any ring residential properties, to provide for adequate park-n . - :fic control and to provide for reasonable performance scane.ards _ing to the non -conforming place- ment and use of docks ana -mooring spaces upon the public waters; and WHEREAS, all of the requirements of the 1975 Operations Agreement are reasonable exercises of the normal police powers of the City of Orono intended to correct the previous abuses and overuses of public waters and the congested commercial marina sites, to correct for the public harm caused by such abuses and to prevent future abuse of the land or the public waters; and WHEREAS, all of the requirements of Section 5.42 of the Oorr.o Municipal Code regulating commercial marina operations, Section 10.41 f the Orono Zoning Code regulating the use of lakeshore busi► 6 district property and the 1975 Operations Agreement are in full conformity with the applicable regulations and intents and pur- pose of the Lake Minnetonka Conservation District's regulations for commercial marinas and the State of Minnesota, Department of Natural Resources' regulations for protection of public waters; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the follcwing special conditions as they relate to an application for an annual Commercial Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Commercial Dock License according to the facts and conditions noted on Exhibit A attached. f.dopted by the City Council of the City of Orono at their meeting on the 7th day of October, 1985. Mary Butler, Mayor � ATT�STL J r" Lily M. a lin,,rcity Clerk Page 4 of 4 CITY OF ORONO EXHIBIT A RESOLUTION NO. 1857 CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE I. LICENSEE Windward Marine Address 1444 Shoreline Drive License Period - January 1, 1995 to December 31, 1985 II. BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Summer Density per attached plan: Bay Transient Slips Rental Slips Company Slips Sub -Total: S14ps at Dock Offshore Buoys Maximum Boats in dater Tanager 0 Dry stacked slip for use in lake 40 0 40 0 40 Maximum Boats in water per prior license Other Boats (for sale/service, etc.) Browns 0 78 0 78 0 78 MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER C] 118 24 =142 == Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Authorized Number of Winter Stored Boats 41 0 Exhibit. A Resolution No. 1867 Page 2 III. DOCK LAYOUT (reference Exhibit B attached) Maxilum authorized length of main dock 200 feet. Docks extending beyond 200 feet and docks encroaching into required side yard setbacks are hereby specifically declared to be illegal non -conforming structures which are not permitted under this license. The application does not contain such illegal structures. All such violations are subject to prosecution under Sections 5.42 and 10.41 of the Orono Municipal Code. IV. Marina is not authorized for FUEL SALES subject to compliance with the State Fire Code. V. Required number of OFF-STREET PARKING SPACES 77 VI. SPECIAL CONDITIONS required for compliance with the ordinances of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution `3y the City. 1. Dock length variance (LMCD Ordinance 3.02 Subdivision (2) (a) Brown Bay Docks. Required = 100' Existing = 200' Variance = 100' 2. Side setback variance for dock structure on north property line on Browns Bay (LMCD Ordinance 3.02 Subdivision (2) (b) - Refer to Exhibit B. 50' - 100' required 30' existing - 20' variance = 10' 100' - 200' required = 401, existing = 20', variance = 20' 3. Side setback variance for dock structure on south property line on Tanager Lake (LMCD Ordinance 3.02 Subdivision (2) (b) - Refer to Exhibit C. 0 - 50' - required 20', existing = 01, variance 20' 50' - 100' - required 20', existing 2' variance 18' 100' - 200' - requirrd 20', existing .8', variance 19.2' 4. Side setback variance for dock structure on north property line on Tanager Lake (LMCD Orc14.nance 3.02 Subdivision (2) (b) - Pefer to Exhibit C. 0 - 50' required = 601, ng = 0', variance = 60' ( 50' - 100' required 6( sting 0' with 4' overhang, variance = 60' 100' - 200' required 60', existing = .3', variance - 59.7' Exhibit A Resolution No. 1867 Page 3 5. Off-street parking variance Orono Zoning Code 10.41 Subdivision 5 (a) - 6 spaces per 10 slips. Required - 79 spaces Proposed - 77 spaces Variance - 2 spaces 6. A conditional use permit granted for overflow parking on the easterly portions of parcels P.I.D. 11-117-23 22 0004 and P.I.D. 11-117-23 22 0005 offering a total of 21 parking spaces as shown on Exhibit D. VII. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem nect:.-,ary from time to time in the public interest. I co O- 8 6 7 !•'1 rr: PojN•jr ir.t .�l.�d.d 5u RIl-t.Ivc*0 NOV 18 U81 t MC:D. r I POWKS roil 40 V I • I, ip le: la I. 1 t T• Y:a r--- -- to I 1867 Pam, A GENERAL PERMI' %MIT NO... 67171 CITY OF ORONO _ .-0..m" CRYSTAL My. WW#UWA $5123 (612)473.7397 i(A141Add, e Chy UwtN "L State Umar No. REMARKS AND VEC1AL COME WM PERMIT TYIE AND FEE: Q NFM CQ AppRMN ❑ REPAIR �� lRttttMttb 1 I A>,Irwa�,1 Foe t •Mite M"w fsdr__j Fee Now I Rewisme I Ift **MA wow Cw.rc1� Foe S,_ Dc6mw a Mommiso l Some ettat wirvew mwt SAC (ump FM f Q ARr ! 6 4 OIGEMWWI W-ft Mrs "now M so ft�wq ter taaartafo wawa. a a amw or.w..a... so Imb ei■a� if t ��w"a •M • ta�wwr wry, w an a..� sw `m so ONNIS ate aalismaf fa• ft .as • a.eara aq.ana 100111001111, none war we w or aaimiiii�t ` am am Odom to mom m amm"em at w aw soft n • am 10% no • a.wm 48 ma r tr diiiiiii • ma aaoommon A • am ammoaamim, ova "we mom 01111INNI ammum a aofto=L Me Y to as/q fat umou` 40=00 • mam"m tla tao tl.. fal.rwr • tea, r sails wiiiiii ft ommorw r �r an" a ffa • "Aftem r as ammaiiiim. 4a %IgstNftw el on Site S.Ptic Sy"ent Fee f Water well Fee s I Mechanical FQuiprne+tt Fee i f Moving/Lifting buildings Fee f _ Land Alteration (Fitcovetion. Fee f Grsdins Filling. etc.) Other Fee S r Aherthe•Int Inve�ti�alfr►n Fee S TOTAL %late Suty%wee Total Awtount Paid in cfry Fee S Fee s 0255 �1�l TAN PertnH n not valid until the puler lee n paid end it is at't fnwd tw an nIthnnt.d City Official t %ief e((-fty CXfic�al �br --- Ire& M t • r wv r vmwq fro •a \ f.v. Mal s 14PP6, a. CITY of ORONO Not uffks Has 666crystal bay. Mlnnssu" 56=6municipal ofrwvs On the North Short of Lake Minnetonka July 24, 2981 Mr. Jrss Rivers Windward Marine 1444 Shoreline Drive Wayzata, Mn. 55391 REt Sewer Connection - 1444 Shoreline Drive Dear Mr. Rivers, The sewer project installed along County Road 15 is now complete and ready for connection. A copy of Resolution 1181F regarding this property is enclosed for your information. City of Orono Commercial Marina licensing ordinance system 73.060 15) requires that each marina have available on the premises separate toilet facilities for men and women, and have a sanitary boat -waste desposal pustp-out system which meets the criteria of the Minnesota DWR i PCA. If these facilities are not now available, they must be added to your property before the deadline for newer connection. Please contact my office for necessary plan reviews and building permit issuance. The sewer connection must be completed within sixteen months, or before December 1, 1962. A licensed contractor is required to make this type of connection in the City of Orono. Enclosed for your convenience is a list of those contractors licensed as of this date. The contractor must obtain a permit from the City prior to any work being done. The permit fee is $20.50 for each connection. In this case, 2 permits are required because there is one stub east of the road for the pump -out and one stub west of the road for the retail building. A service availability charge (SAC) must be paid before or at the time the permit is issued. For this type of commercial use, the Metropolitan Waste Control Commission requires that the SAC charge be as follows! sukor++t.a 104r t. - 4111is? . 4D"l%lg1N4T10%a rrkA%ct 111 11ss a R'sl1C WORKS As* IV%4. Mr. Jim Rivers con't. a) Retail store/shop 4west side) 34 X71 + 30 X 11- 2740 sq. ft.i 1.1 units b) Boat pump -out station. 117 licensed slips X 12.5 gal/boat - 274 gal/boat - 5.3 units. Total SACi 6 units X $425.00 - $2,550.00. If you have questions regarding the number of SAC units you may wish to call Don Slobs at MNCC, 222-8423. For your information your existing septic tank must be pumped and filled when the connection to the sewer main has been completed. because this type of sanitary sever system has required several lift stations it is important that you know that each lift station Is equipped with a red light and a very loud audible alarm. The red light and the alarm are safeguards built into the system as a warning device to alert you of a malfunction in the system. If you see the red light on or you hear the alarm sounding, please call one of the following telephone numbers immediately so that we can dispatch the proper personnel to take care of the problem. City of Orono Public Works 8:00 A.M. - 4:30 P.M. Monday through Friday - 473-7359 473-7357 473-7359 The Hennepin County Sheriff Dispatch number 544-1511 can be called anytime -mnty four hours a day, nights, weekends, and holidays. The Hennepin County Sheriff Dispatcher will then contact the Orono Police who has the names and telephone numbers of personnel who are on emergency standby. If you have any questions please feel free to call me at 473-7357. Sin •rely, �n . Olson, ty Planner APO /maw cc: Jack Lehtinen, 8743 Penn Avenue South, Mple. 55438 John R. Gerhardson, Public works Coordinator W. R. Benson, City Administrator STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION SAINT PAUL BUILDING CODES AND STANDARDS DIVISION April 8, 1988 Mr. Thomas Jacobs Building Official City of Orono P. C. Box 66 Crystal Bay, MN 55323 Re: "Variance" to Administrative Rule 1305.6905 Dear Mr. Jacobs: APR ' I W l 400 METRO SQUARE 7TN AND ROSERT STS. ST. PAUL. MN 65101 101101w, 612/296-4439 This letter is in response to your letter of inquiry on the above referenced subject. Administrative Rule 1305.0500 Section 204 obligates municipalities to establish a Board of Appeals for building code matters. It is important to note that their authority is limited . . to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code . . . The Board members are to be ". . . qualified by experience and training to pass upon matters pertaining to building construction .11. Administrative Rule 1305.6;05, ;special Fire Suppression Systems, is an optional provision of the State Building Code. Pursuant to Administrative Rules 1300.1500, 1300.1900, and 1305.0150, when optional provisions of the Code are adopted by a municipality they become part of the State Building Code and are required to be administered and enforced uniformly within the jurisdictional boundaries of that municipality. The requirements of the Minnesota State Building Code, inclusive of the municipality adopted optional provisions, are by State statute minimum requirements. Because the requirements are minimum, neither State statute nor regulation provide for a "hardship," "variance," or "waiver" provision. The building code administrative process is clearly defined and is not purview of municipal boards and councils - other than the Building Code Board of Appeals. This differs from the administrative rrocess for municipal ordinances because the State Building Code is State regulation administered and enforced by the mun!cipalities. I trust that the above rta�,u se adequately addresses your inquiry. Respectfully, BUILDING COPES AND STANDARDS DIVISION Flroy Berdahl Supervlaor, Code Administrator SALES, CHARTERS, SCHOOL, DOCKAGE STORAGE WINDWARD SAILING CENTER ONE STOP SAILING AND MARINE CENTER ON LAKE MINNETONKA EST. 1969 1444 SHORELINE DR., WAYZA. AINN.55391 612-473-8249 April 18, 1988 City of Orono P. 0. Box 66 Crystal Bay, MN 55323 RE: Development Contract: To All Interested Parties: After consulting with Orono, it is my understanding that the city will enter into a development contract with Windward Marine and James P. Rivers. The purpose is to allow Windward Marine a three year time period to complete the proposed construction and land improvements. After the proposed construction and variances are approved, a construction permit good for three years will be issued. After reading the site plan review prepared by Tom Jacobs, I object to his recommendation of asphalt paving in the parking areas. The use and location of the parking areas makes asphalt an undesirable paving material. During March, "pril and May, the Minnesota highway department has weight restrictions to prevent heavy loads from breaking up the asphalt paving on highways. During this time, we are using our parking areas to move heavy boats from winter storage to the lake. We have found crushed rock to be a satisfactory paving material at our location. Sipcerely, 011' 1 CITY OF ORONO EXHIBIT A RESOLUTION NO. 1867 CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE I. LICENSEE Windward Marine Address 1444 Shoreline Drive Li ense Period - January 1, i�,85 to December 31, 1985 II. BOAT DENSITY The number of ir.-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution► ' 18, in n- case shall the number of authorized boat slips, lifts, or buoys ex the number permitted in the prior year's license. Authorized Summer Density per attached plan: Bay _ Tanager Browns Transient Slips 0 0— Rental Slips 40 78 Company Slips 0 0 Sub -Total: Slips at Dock 40 78 offshore Buys 0 —0 maximum Beats in tyater 40 Dry stacked slip for uVe in lake Maximum Boats in water per prior license Other Boats (for sale/service, etc.) MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER 118 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Muriripal Cade. Authorized Number of Winter Stored Boats 4.1 BROWN'S BAY ap "Mal, TANAGER LAKE - AU FG O lj up" is"lle I SITE D�'�q ,TF Yrj 'Apr% t .4 �'✓ �.i it O. D-C. AREA -AP►W. r� BROWN'S BAY � P - � �.OfA..•.E YARD CXMW AaJAa TAAV AIR EAUTOIRA AMA _ KVW COVERT �r -C i. I Hw co%%R PRO/pm..�-f.� Cu R • ` , -1 - n I O 7w fl AMA ..-AJW au R MOM coo" a I MO OOVI N PAO► � f0 FT- SA= LI _� 1D n _ \ _11 ItAt M OIM rlon .._ LAaI su n 4y T4M� ` .► M�MWi raV. % i• ' U110YMC Yf SRN r \ \ •, • lOtA1 AMA .».Y\7!♦=R • 7O A I I AM ♦ ......tea i14 R. .�IW. ��/ • s , 1 1 \ tiLli Iwo c»�H I mlw.-._-AAR SO FT _ �{/, Ilulo covf R Wkl►OSM __RSaO R 7 h I O M i I AMA _JM &Q. ►T J \\ Y r • IMmDCOV[R[1QSfLMO.._.-A=JDR NYb COVER OaCO,_+i�0.so R �t IOfA\ROlIC/1OM_.».... _.-.1�.aO R 1 � ol1�rll Fs ....... �..- ...... _.... . 'ft \ [' �`, \ .P1 E+1 .5�.1►rr.�S r. l� w -aam4 90,11 3 E R . LA+ f �� \ per• ..r � �Tl 1 .-'� c P ,,,,v cxa v'b'.A'fA7tA \ ``` J \ .a MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1986 i1262 HAGFORS CONTINUED Planning Commission felt that if the plan was to lift the house and replace the foundation, that the house could be moved over and back to meet the 10' required side setback and back so that the proposed deck does not encroach the average lakeshore setback line. It was moved by Johnson, seconded by Hanson, to recommend approval subject to the following conditions: 1. Lowest floor elevation must be 932.5' or higher. 2. House may be stored for up to 6 weeks in the 0- 75' zone. 3. Replace house to meet required setbacks. 4. Variances approved: a. Hardcover 75-750' - 35.3% allowed. b. Garage street setback of 17' allowed. c. Lot area/width variances. Motion, Ayes 4, Nays I. Cohen voted nay opposing the hardcover increase. 4L263 JAMES RIVERS -WINDWARD MARINA 1444 tHORELINE DRIVE C41DITIONAL USE PERMIT/VARIANCES/ COIBZRCIAL SITE PLAN REVIEW PUBLIC HEARING 8:46-9:26 The Affidavit of Publication and Certificate of Mailing were noted. James Rivers was present for this matter. Jacobs reviewed the proposal to build two new structures on the property. Reviewal of variances as follows: Parking - The property is 7 parking spaces short of the required number, which has previously been approved including a conditional use permit for commercial overflow parking in a residential district. No change to what currently exists is proposed. Of the 72 parking spaces provided, Planning Commission felt that 6 spaces Fhould be designated for rPtai 1 use 12 months of the year, and 66 spaces designated zis seasonal spaces from May 1 - September 30 of each year. This was based on requirments of the retail space of building. Minimum Landscaping_= Applicant is requesting a variance lto the Lakeshore, side yard, and front landscaping section due to the parking requirements, size of the structure, the Size of log_, and roadway through middle of the property. 8 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 #1263 RIVERS -WINDWARD MARINA CONTINUED Chairman Kelley stated he was against granting any variances for landscaping. Mr. Rivers noted that there is a pending legal case with the County regarding the right-of-way issue whereas he is requesting the County vacate property they have never maintained. Jacobs reviewed the right-of-way issue noting that the County stated in their report that nothing is to be done within the County right-of-way. Planning Commission felt they could not make a recommendation involving the right-of-way until the matter was resolved between the applicant and the County. Lot Area/Lot Width - No change from what exists. Street setback - Planning Commission felt that the required 15' setback should be maintained. Lakeshore setback/Lakeshore hardcover - Jacobs reviewed the hardcover variances requested from Tanager Lake and Browns Bay; and reviewed the proposed 30' lakeshore setback where 75' is normally required. Currently a 55' setback exists, however it is all hardcover, and the current proposal consists of a 30' grass area along the lake in front of the building. Planning Commission found no problem with the hardcover as proposed. Chairman Kelley felt that the setbacks should be maintained, building square footage should remain the same as it exists now and move it toward the Tanager Lake side and then if necessary come back with a variance request for a lakeshore setback. It was noted that this issue could have a different impact if it was tabled pending the outcome of the right-of-wpy issue. Co rcial Site Plan Review - I 1. Access - The City Engineer recou,rended a median, however Planning Commission felt a median would present access problems for large boats drd suggested a mobile median device of none at all. The Hennepin County Transportation Dept. recommended turn lanes, however, staff excluded them from their recommendation, as it is not feasible since it would require work on neighborinq property. �9 0 NINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 #1263 RIVERS -WINDWARD MARINA CONTINUED 2. Drainage - The City Engineer is requesting drainage plans and details to control the storm water run-off. The plan shows arrows for runoff but not how to handle it before it enters the lake. 3. Building & Screening plans - Jacobs reviewed these plans as outlined in staff memo. 4. Signage - Per staff recommendation, applicant plans to reduce the size of the lettering. 5. Fire Code, Sewer & SAC Charges - Reviewed and accepted per staff memo. 6. Landscaping plan - Plan must be provided. Staff recommends that the area south of the crane be made iritc; green area. Planning Commission also wants 10' of green area in the front of the building on the Tanager Lake side of the property. There were no comments from the public regarding this matter. It was moved by Chairman Kelley, seconded by Hanson, to table this application until the right-of-way issue has been resolved with the County and advising the applicant consider comments made by the Planning commission in developing this comprehensive commercial site plan. Motion, Ayes 5, Nays 0. #1264 TON i CHRIS SMIEJA 20 CYGNET PLACE VARIANCE PUBLIC HEARING 9:28-9:30 The Affidavit of Publication and Certificate of Mailing were noted. Tom Sm.ieja was present for this matter. Gaffron reviewed the request for lot area and lot widtt; variances as follows: Lot Area - Required 2.00 acres, Existinq "es Lot Width - Required 2001, Existing 193, Cygnet. Place Staff recommends approval based on the findings that the lot size is consistent with existing developed lot sizes in the general area, the lot can support suitatle primary and alternate drainfiled sites, and no adjacent property is available for purchase to make this a conforming lot. in ZONING FILE NO. 1263 CITY OF ORONO NOTICE OF PLANNING COMMISSION FICTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/18/88 --------------------------------------------------------------------------- TO: Jim Rivers COPIES TO: Rutledge Construction 1444 Shoreline Drive 1409 S. 7th Street Wayzata, MN 55391 Hopkins, MN 55343 -----------------------•--------------------------------------------------- TYPE OF APPLICATION: Variance Commercial Site Plan Review DATE OF MEETING: 5/16/88 VOTE: 5 For 0 Against Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. Draft of Agreement to include items listed below: 3 year phase plan be provided before Council meeting. This plan must provide deadlines for each phase and be a detailed plan of the phase. Info must be submitted for the City Attorney's review. 2. Provide information from the Hennepin County Department of Transportation on crosswalk (pedestrian). 3. Provide hydralic calculations of property for engineer's review. 4. Baffle weir must be enlarged to twice the size proposed (see enclosed letter from engineer). 5. Provide a maintenance plan for baffle weir. 6. Provide green area south of crane. 7. Asphalt paving will not be required on Brown's Bay side of property, nor the rear half of Tanager's Bay side of property. 8. Provide markings for parking spaces on existing asphalt. 9. Provide six year round parking spaces. 10. Landscaping must be provided - 10' on roadside front of building - if land is aquired from the county, additional area must be landscaped. Additional information is requested, as follows: Draft of agreement of 3 year phasing to include: 1. Detai led p Ian of 3 year phase - provide agreement with what wi 1 1 be done and deadlines of when it will be done. Must be reviewed by the city attorney before the Council meeting. 2. Information from the county on crosswalk (pedestrian). 3. Hydralic calculations of property for review by the engineer and county. 4. Maintenance plan for baffle weirs. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the June 13, 1988 meeting is June 1, 1988 or June 15, 1988 for the June 27, 1988 meeting. It the applicant has trouble obtaining additional information, please DOCKAGE AND STORAGE WINDWARD MARINE INC. ONE STOP SAILING AND MARINE CENTER ON LAKE MINNETONKA EST. 19e 1444 SHORLINE DR., WAYZATA, MINN. 55391 612.473-8249 A construction agreement between the City of Orono hereafter called Orono and Windward Marine Inc. and James P. Rivers Hereafter called Windward. The purpose of this agreement is to outline building and landscape construction proposed by Windward and approved by Orono. The location of this construction is on the property now occupied by Windward on the East and West sides of County Road 15. The address of the property is 1444 Shoreline Drive. The reason for allowing Windward a extended period to complete all construction is to relieve some of the financial impact this project will have on Windward. Site and landscape plans approved by the Orono Planning Commiss- ion and the Orono City Council shows the following new construc- tion and landscaping. A gazebo shaped building, 30 feet across, on the east side of County Road 15. Additional grass and trees on the east side of County Road 15. A building 50 feet wide by 90 feet long by 30 feet high on the west side of County Road 15. Additional grass and trees on the west side of County Road 15. The approval of the site and landscape plans along with all granted variaiices shall remain in effect for a period of three years from the date this agreement is signed. Windward will furnish Orono proper building construction drawings for approval. Orono will issue all required building permits from approved construction drawings. Windward will do all construc- tion according to the following timetable. 1. All building and landscape construction on the east side of County Road 15 will be completed before November 1, 1988. 2. All building and landscaping construction on the west side of County Road 15 will be completed before November 1, 1991. Signed Date_ James P. Rivers for Windward Marine Inc. Signed Date City of Orono To: Planning Commission Chairman Kelly Planning Commission Members U"'�) City Administrator, Mark Bernhardson From: Tom Jacobs, Building & Fire Inspector Date: May 12, 1g88 Subject: #1263 Windward Marine - 1444 Shoreline Drive - Variances- Commercial Site Plan Review List of Exhibits: Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Section Exhibit D - Notice of Public Hearing Exhibit E - Existing Site Plan/Survey Exhibit F - Proposed Site Plan/Drainage/Landscape Exhibit G - Building Plan Elevations - Tanager Lake 4/18/88 Exhibit H - Building Plan Elevations/Floor - Browns Bay Exhibit I - Engineers Report 3/6/87 Exhibit J - Hennepin County DOT Report 3/24/87 Ex,i.bit K - Hardcover Calculations Exhibit L - Resolution #1865 - Parking Variance Exhibit M - General Permit Sac Charges Pd. Exhibit N - Letter - Calculations Sac Charges on Existing Building Exhibit O- Letter from the State Building Code Division - No Variances to Building Code. Exhibit P - Request for Development Contract Exhibit Q - Commerical Dock License - Orono Exhibit R - Revised Site Plan Exhibit S - Revised Landscape & Drainage Plan This application was submitted to the Planning Commission in March 1987, and tabled at the March 16, 1987 and April 18, 1988 meetings. After apfearing at the Planning Commission meeting, the Apclicant has revised his plans in attempt to reflect Planning Commissions recommendations. Applicant has reduced the size of his structures from 50 x 100 (5000 s.f.) co 50 x 90 (4500 s.f.). With this proposal the applicant is not increasing the square footage of building space. Applicant has also provided 10' of landscaped area in the front of the building. Applicant has not recon:iled the right-of-way matter with Hennepin County, but proposes to provide additional landscaped area in front of the structure, this will be an additional 111. Applicant is requesting varainces to the Orono Municipal Code as fcllows: 1. 10.41 Subdivision 5 Parking Requirements 2. 10.41 Subdivision 7(A) 2.3 Minimum Landscaping 3. 10.41 Subdivision 9(B) Area, Lot Width, and Yard Requirements Zoning File #1263 Page 2 4. 10.41 Subdivisionl0 (A,B,C,D) Lakeshore Setback & Hardcover Requirements As stated in other reports, all of these variances exist today. In reviewing the proposal, staff has made the following findinqs: 1. Zoning District: B-2 Area: Approx. 37,400 s.f. - .85 acre 2. Proposed Existing Use: Marina - Boat Sales, Storage, and Retail Sales. The use of the property will not change and is a permitted use in the B-2 zone. 3. Area: The plan shows the area as 61,650 s.f. This includes the 24,250 s.f. of area in the residential district. This cannot be included without a rezoning request by the applicant. 4. Public Roadway Divides Property: This effects the proposal as follows: A. 10.41, Subdivision 5 Required parking spaces may not be separated by a public roadway. The proposal is requesting parking on both sides of County Road 15. B. 10.41, Subdivision 10 (C) Setback along street. Applicant is requesting a variance to the 50' setback requirement. Proposed on the plan: Required 50' Proposed 10' variance 40' 80% Proposed in this setback is the 50' x 90' building and some parking (Tanager bake Side). Applicant is proposing the location of the structure within the 50' setback to allow a larger setback from the lake. This proposal also shows that the new structure will setback 2' farther than the existing building which will be removed. 5.) Parking - Off -Street The Municipal Code requires this type of use to provide parking as follows: A. Six parking spaces shall be provided for each ten boat slips (see Exhibit Q ). B. A minimum of eight spaces plus one additional space for each 800 s.f. of f loor area over 1000 s.f. Applicant has shown 73 parking sta 1 Is on his property. This parking =s located in three areas as follows: Zoning File #1263 Page 3 1. Tanager Lake Sile (West) Existing Required 27 29 2. Browns Bay Side (East) Existing Required 28 27 Proposed 26 Proposed 26 Variance 3 Variance 1 3. Parking Area in Residential Area(Approved variance/Conditional Use Permit) Existing Required Proposed Variance 21 21 21 None Totals 76 77 73 4 The variance request is for four parking spaces divided by the county road. Applicant has also provided 6 year around parking spaces on the south side of his structure on the Tanager Lake side of property per Planning Commissions request. 6.) Lakeshore Hardcover Applicant is request ng a variance to 10.41, Subdivision 10 (D) of the code. The proposed plan shows less hardcover than what is existing now and what was proposed at the April 18, 1988 Planning Commission meeting. Hardcover is as follows: Tanaqer Lake West) Max Area Existing % Proposed 8 0-75 08 9,000 s.f. 8,720 s.f. 96.88% 6,376 s.f. 70% 75-250 25% 9,700 s.f. 9,700 s.f. 100% 9,110 s.f. 94% This is a total reduction in hardcover for this area of 2,934 s.f. Browns Bay (East) Max Area Existing 8 Proposed 8 0-75 08 9,000 s.f. 4,400 s.f. 48% 3,900 s.f. 43e 75-250 25% 9,700 s.f. 9,700 s.f. 100% 4,375 s.f. 45% This is a reduction in hardcover of 5,825 s.f. The proposal shows the removal of 8,759 s.f. of hardcover on the project. 7.) Lakeshore Setback Lakeshore setback requirement. is 751. Applicant is requesting a 36' setback. Existing Required Pro osed Variance 55' 75' 36' 39' 52% A1thougn this is a 528 variance, as it exists now, it is all hardcover. The Applicant is proposing to provide a 36' grass area along the lake it front of the building. 8.) Commercial Activity within 50' of Residential District Appli ant is requesting to be allowed to construct the building on the Tanager Iike Side Zoning File #1263 Page 4 (West), 8' from the property line and residential zone. At this time, the applicant is the fee owner of the property located in the residential zone. The location of this structure is also in conflict with 10.41, Subdivision 9 (B) - Side yard setback which is 101. Required Existing Proposed Variance 10' 14' 9' 1' 10% 9.) Lot Area, Lot Width Lot area required in this B-2 zoning district is 2 acres (87,120 s.f.). The property which exists within the B-2 district is 37,400 s.f. (.85 acre). The variance is as follows: Required Existing Variance 87,120 s.f. (2 acres) 37,400 s.f. (.85 acre) 49,720 s.f. 57% Lot width is as follows: Required Existing 200' 120' Variance 80, 40% 10.) Lakeshore, Side Yard, and Front Landscaping (Exhibit S). Applicant is requesting a variance to this section, due to the parking requiremtns, size of the structure and size of the lot. During the last Planning Meeting applicant attended, the Planning Commission recommended that landscaping variance not be approved for the 10' required in front of the building. Applicant has provided the 10' of landscaping, but still requests the variance for the landscaping required in front of the parking lot on both sides of the county road. Requirements are as follows: Existing Required Proposed Variance 60' Max. 50' 60' 10' 20% Applicant is requesting this variance because of the parking requirements. To meet this requirement, applicant would lose 4 parking spaces. Applicant is also requesting a 1' variance on the north side of the structure. Staff recommends approval based on the following findings: 1. Hardcover reduction of 8,759 s.f. 2. Area on Browns Bay Side will be a more private use by the public which rents boat slips. 3. Less intense use of property with removal of storage building on Browns bay Side. 4. Access will be defined with curbing on both areas 5.) Better control of drainage. Zoning File #1263 Page 5 Commercial Site Plan Review Zonina B-2 Parking - See Variance The city engineer has reviewed the plans and recommends that a!1 the parking areas be paved, except residential parking areas. If there is a problem, then the paving and parking lot should be designed for those loads. Access Existing access is 60' wide applicant will be providing a more controlled access by decreasing the width to 28' wide. City engineers review was favorable with no comments. The county reviewed this project March 24, 1987. They had the following comments: 1. Tc provide the minimum 66' of right-of-way for a roadway under Hennepin County jurisdiction, the developer should dedicate an additional 11' of right-of-way, which should be cnetered on the existing travelled roadway. The county in the past have requested additional right-of-way which the City has not granted. 1. The access will require an approved Hennepin Counry entrance permit before beginning any construction. Contact Hennipen County Maintenance Division with the acces detail and for entrance permit forms. 2. All proposed construction within County right-of-way requires an approved utility permit prior to beginning constrution. This includes, h:,t is not limited to, drainage and utility construction, trail developement, and landscaping. Contact our Maintenance Division for utility permit forms. 3. The developer must submit for review by Hennepin County a detailed plan for the storm drainage from the site. Submit this detail to Jim Ault, Hennepin County Hydraulics Engineer. The County is requesting a detailed storm drainage plan. Applicant should provide this plan but I do noit feel this should hold up the project as all drainage is directed away from the county road. The City Engineer is requesting more detailed information on how this will be done. Drainage (Exhibit S) The city engineer is requesting that the storm water run-off from the site should be controlled with a berm and ponding area -n the grass areas between the lake and hardcover areas. Plans should be submitted on how this will be completed or an alternate method. Also, a grass area must he provided south of the crane site between the lake and the parking lot. A berm already exists on the Browns Bay (east ) side between the 'lake and parking lot. zoning File #1263 Page 6 The city engineer is also requesting a more detailed storm run-off study to determine the size of the baffle weirs and that a maintenance Flan be provided for maintaining these baffle weirs. Building Plans Building eleva )i (Exhibit C) will be of precast concrete. This structure is on tf„ ..4er Lake Side of property. The structure on the Brown's bay side of the property will be of wood. Since it is only a ga^ebo, it is not feasible to construct this structure with concrete panels. Per State Building Code 1305.6905, special fire suppression systems must be provided throughout the entire structure with an automatic sprinkler system for fire protection for the building on Tanager Lake Side. Screening Parking is located in an area where screening will not be required. Screening will be required around the dumpster. The existing dumpster is located where staff is requesting a green area. Dumpster has been located in an area acceptable to staff. Signage Proposed signage wi 11 be as shown on Exhibit G. This sicli ge wi 1 1 be on the north and south sides of the building. Size Within the B-2 district, the aggregate square footage of sign stace per lot shall not exceed the sum of one square foot for each front foot of building, plus one square foot for each front foot of lot of occupied by a building. No individual sign shall exceed fifty square feet. Front foot of building - 50' = 50 s.f. Front foot of lot Not occupied by building - 70' = 70 s.f. Total allowed = 120 s.f. Applicant has reduced the size of the letterinq to 1.5' ht. s.f. will be as follows: Windward = 21.5 x 1.5 = 32..25 s.f. Marine = 14 x 1.5 = 21 s.f. x 2 106 s.f. Staff has no Erol,lem with square foot of signage - meets requi ! of code. Staff recommends that the applicant reduce the size of the lettering. Fire k-ode Review A fire lane is shown at the front c" the building. Prorer signagt must be Zoning File 11263 Page 7 provided. Also the area where the fire department connection to the sprinkler system is located must be designated no parking fire lane. Dumpster must be minimum 5' from building. Sewer & Sac Charges Applicant has paid 6 sac's in the past (Exhibit M & N). This was for 3000 s.f. retail = 1 Sac Boat pump out = 5 Sac With the enlargement of the structure and addition of the structure on the Browns Bay side of property. I have reviewed the property for any other charges. In doing so I spoke with Don Bloom & Roger from the Metro Waste Commission which stated the following: The existing structure, 2740 s.f. required 1 sac unit. As it was under. 3000 s.: . With the additional s.f. added (2260 s.f.) An additional sac unit must be charged. They also stated 1 sac unit would be required for the gazbo. The total additional sac units required for the project is two at $450.00 or $900.00 Landscaping Plan Applicant has shown on Exhibit S the areas which wi 1 ` be made i nro green areas. They ire proposing to add additional trees an bushes in .he front of the building and where the dumpster existed. Staff has recommended that the area south of the cra _ be made into green area. Applicant is requesting to enter into a development agreement with the City. They are proposing a three year time period to complete the proposed construction and land improvements. See Exhibit P. Staff has spoken with the city attorney on this matter, and the city attorney stated that this is available to the city with appropriate agreement as long as the City is convinced that this is a positive project. Applicant must provide a detailed agreement of work to be completed and a letter of credit for al 1 work which is left at time of occupancy. Staff Recommendation Staff recommends approval of the commercial site plan based on the following• -t•M.osed structure and operation is not detrimental to the publ ch, safety, and welfare, or materially injurious to propt, + improvements in the vicinity. 2. Better control of rirainage. Zoning File #1263 Page 8 �. Hardcover reductions of 8,759 s.f. 4. Less intense use of property with the removal of storage building on Brown's Bay side of property. Subject to the following: 1. Green area to be provided south of the crane area. 2. Soil erosion contr )1 be provided and maintained throughout the project and until permanent erosion control is in effect. 3. Pro ide detailed agreement acceptable by the City for three yea: plan. 4. Provide automatic sprinkler system (fire) per State Building Code special fire suppression systems. Provide asphalt paving in parking areas with markings for stalls: 6. Access points be defined with curbing, per the city engineers request. 7. That store water run-off be controlled with a berm and pondino area between the lake and parking areas to be approved by the city engineer. Plan must be submitted on how this will be done. Alst provide sto.m run-off calculations for site. If the applicant has trouble obtainiiic additional information, please contact the Zoning Department (473-7351). If you desire certified cot ies of the officia inning Commission minutles, they are available from the City Recorc:. ter review and approval by the Planning Commission. Bonestroo r� Rosen Anderlik & Associates Englt�eers i A , hNects May 16, 1988 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Tom Jacobs Re: 139-1263 Windward Marina Dear Tom: Otto G bonewfoa ►E K"h A Gordon. ►E Thtenal W ft[M1or,, ►E Charles A F.rKkto•- Roben W Rosen. ►E RKhard W Foster. PE MKhael C Lynch, ►E Leo M ►avvefsay Joseph C Anderkk. PE Donald C 5,K",dt. ►E Jarnes R MaUnd. PE Harlan M Olson Rradr.,,d A Lei terq, PE Jerry A RourdOn, PE Kenneth P Anderson. PC Susan M Eb~ RKhard E turner. ►E Mark A 'Unson. PE Keith A tla hm.Inn. PE Marx A Se-p James C Olson, PE led K Freld. ►E Mars R Potts PE Glenn R Cook, PE UK hael t R"rr,wjnn, PE Roben C R M A I A Thomas E Noyes, ►E Robert R Ptelferle. PE Thomas E A. ... s, PE Robert G SctlunKht. PE David O LOtknla. PE H-110 A la t—1 Pf Marvin L Smvala. PE X We have reviewed the Windward Marina site plan and woul.' recommend the following modificationb. 1. The Baffle Weir holding area should be expanded to approximately twice the current size. 2. Storm sever runoff compl.tationc should be provided for the site. 3. The parking lot can be surfaced if proper bituminous thj_ckness is provided to carry the design load. 4. Maintenance procedures should be establ'_shed for the Baffle Weir Jldi.-lg areas. p rovid;ts for controlled a cess to the parking area from �c. Rd. 15. .s W,_• improve safer along the jadway. t you have any questions, please crintac- this office. Yours very truly, BONESTR00, ROSENNEE, ��ANDERL 6 ASSOCIAT: , INC. Clem R. Cook CRCICi 01 1 T 133S West Highway 3u * St. Paul, Min.,lesota SS113 • 612-636-4600 J U N 13 19 �0 TO: Planning Commission Chairman Kelley Orono Planning Commission Members E•A If UF NOW City Administrator Bernhardson FROM: Jeanne A. Mabusth, Zoning Administrator DATE: May 11, 1988 suBJeCT: #1267 Jane Levering, 1585 Sixth Avenue North - Class I Subdivision - Lot Division - Public Hearing Zoning District - RR-lB Total area 4.79 dry contiguous acres Lot 1 == 2.3 plus or minus acres Lot 2 2.4 plus or minus acres Application - C1 ass 1 Subdivision - Division of legally combined lots along already platted lot lines. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Wetlands Map Exhibit D - Hennepin County Department of Tranjportation Letter 5/3/88 Exhibit E - Septic Mapping for Lot 1 Exhibit F - Septic Mapping for Lot 2 Exhibit G - Survey of Albee's Long Lake Addition Review of Application Mrs. Levering proposes the Division of legally combined lots. Each lot satisfies the current zoning standards of 2 acres and a minimum width of 200 feet at the rear of the 50 foot front yard setback line. T'�e existing accessory structures and principal structure meet the required set�,acks of the zoning district. The Hennepin County Department of T_ansportation has reviewed Lot 2 for future access purposes and recommends that access be limited to the west lot line and that the existing access to Lot 1 be closed off. Primary access would be from Dakota Avenue for Lot 1, there will be a need to reassign a new address t,) Dakota Avenue from the present Sixth Aven` :forth designation. The City of Orono must deny the County's reG:est for a total right-of-way width of 104i feet for County Road Six and will maintain the maximum 80 fret of width to be consistant with previous subdivision reviews along County Road Six. Additional right-of- way widths already granted shall remain, but there will be nothing granted that exceed the 40 foot width from the centerline of County Road Six. In reviewing the wetlands map the previously platted , is f .n contains no designated wetlands. 1 Septic testing con f:rmes that both lots have suitable and adequate area for on -site septic development. The City will ask that the alternate septic site on Lot 1 meet the required 75 feet separation setback from the existing well. If there is a physical hardship, the evaluator has failed to note this in his report. The report shows the setback at 55 feet. Based on the mottling (seasonal water table) found at 18 inch to approximately 26 inch depths, the primary site on Lot 2 and the alternate sites for both Lots 1 and 2 will have to be mound systems. Prior to scheduling the final subdivision before the Council the final survey must show the alternate, primary and existing on -site septic systems within each lot. As this is a Class 1 metes and bounds division the subdivision will be presented to the Planning Commission for preliminary approval and then go on to Council for final approval. Staff Reca endation To recommend approval of the subdivision application of Jane Levering peeking the division of legally combined Lot 1 and Lot 2, Albee's Long Lake Addition finding all standards of the RR-1B zo,iing district and on -site septic code have been satisfied. Such approval is subject to the following conditions: 1. Upon final approval of the division the existing access at Sixth Avenue North must be closed and a new address assigned for Lot 1 that reflects the primary entrance off L- L NJ� 2. Access to Lot 2 must be at the west lot line. 3. Prior to scheduling the division application before the City Council for final approval, applicant must provide survey locating the existing septic system and alte-nate septic system on Lot 1 and primary and alternate septic site on Lot 2. 4. If owner can provide proof to the City that a park fee had already been paid for Lot 2, a p;• r k fee payment wi 1 1 not be charged. If owner is unable tc provide the necessary proof a $200.00 park fee must b- paid to the City upon final approval of the division. 2 Additional Coss9ents and Planning Comission Recos endation Staff reviewed the verbal comments of the on site evaluator regarding the need to place the alternate septic site on Lot 1 at a substandard setback from the existing well. Schirmers advised that the steel; tol.ography as you move southward would prevent the installation of a mound system. T;e system would have to be a mound and a mound system cannot be F laced on a slope greater than 6%. Staff advised that the sloping topography away from the well site and the eievation of the rear yard in relation tc the existing well site presented no real concern and that staff had no problem with the separation of 55' rather than the required 75'. The Planning Commission adopted the approving recommendation of the staff noting that although the survey would suggest Dakota Avenue as the public road on the west side of the property, it should be changed to Long Lake Boulevard. A ..ew address would have to be assigned off of Long Lake Boulevard for Lot 1. Since that meeting, the applicant's rerresentative, Jo Haislet, has advised staff that they have a potential buyer for the entire parcel and that could the original recommendation br amended to stipulate that the existing driveway a.;cess off of County Road No. 6, the new address assignment and the payment of the park fee be delaid until the time a building permit would be filed for Lot 2. Staff sees no problem with recommending approval of this request as the City will not issue a building permit until the appropriate address change, closing off of the existing access, and payment of the park fee are confirmed and received by the City. The enclosed resolution has been drafted ler the amendments of the ori,,in%l Planning Coi—iiission recommennation. Staff recommends the division of legally combined Lots 1 and 2 Albee's Long Lake Addition subject to the findings and conditions setforth in the attached resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A CLASS 1 SUBDIVISION FOR THE DIVISION OF LDGALLY COMBINED LOTS 1 i 2, ALBER'S LONG LAKE ADDITION FILE #1267 WHEREAS, the City of Orono is a municipal corporation or,anized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted out -division regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a Class 1 Subdivision of a division of legally combined lots by Jane D. Levering (hereinafter, "the subdivider"); involving properties legally described as that part of Lots 1 and 2, Albee's Long Lake Addition, according the recorded plat thereof, Hennepin County, Minnesota, lying north of a line drawn at right angles to the west line of said Lot 1, through a point in said west line 292.71 feet south of the northwest corner of said Lot 1 (hereinafter, "the property"); and WHEREAS, the subdivider has completed all requirements of the City for a Class 1 Subdivision, for division purposes. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the division of legally combined lots for Jane D. Levering as shown on the Certificate of Survey by All -Metro Land Surveyers datea 4/11/88 revised date 5/27/88 and attached to this resolution subject to the following conditions: 1. Prior to the Citys' issuance a building permit for a new residence on Lot 2, the existing access at Hennepin County State Aid Highway #6 that currently serves I,ot 1, must be removed and ground cover restored. At that time, the City will assign a new address for Lot 1, Block 1 Albee's Long Lake Addition that would now achieve a single access at Long Lake Boulevard. 2. The future owner of Lot 2 Albee's Long Lake Addition, must apply to the Hez,nepir. County Highway Department for an access permit prior to application for a building permit with the City of Orono. Preliminary review by the County has reported that access for Lot 2 must be at the west lot line. Page 1 of 2 (pity of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. A park fee of $200.00 will building permit application for a Lake Addition. be collected by the City with the new residence on Lot 2 Albee's Long 4. The aforesaid division as Ahown on the attached Certification of Survey shall be filed by the City of Orono with the Hennepin County Register of Title's Office on or before September 13, 1988 together with a certified original copy of this Resolution. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 13th day of J,ine, 1988. ATTEST: City Clerk Mayor Page 2 of 2 CITY OF ORONO - SUBDIVISION APPLICATION ----------------------------------------------------------- PROPERTY LOCATION Site Address --�584 6th Av .I-rrh CITY OF arL.- O FINANCE OFFICE Property Identification Number (P.I.D. ) 2611823330003 135011:100000 Please check one - Property abstract or torrens? 01 „1. uc1.00 �--- CHECK TL 150.00 Attach legal description to application. RECEIPT-THAAK YOU ---------------------------------------------------------------4'vja &"W-kw T09:21 APPLICANT Phone ( home ) O1,'?1: &! Name ,s" Phone (work) : 15W5 -----Address--=-6r-�4+r-e-_ #---------- City: ----- ----------Zlp------------- OWNER (if different than applicant) Phone (home) 473-6455 Name _ gene T ----.n Phone (work) Address: 1)85 6th Ave. N City: Long Lake Zip: 55356 (attach list if more than one) ----------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels , Development Size Acres Dry Land Acres Wet Land Opp._ _ Acres Total, all parcels Present Use (check) Residential; no. of units Other (specify) Present Zoning Districtka�.;dpAs �_, PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Existing Units New Units Total Units Proposed Gross Density: } Units per _,4- Acres Minimum Lot Size: Sq Feet Dry Buildable L-nd Proposed Use: (check) Residential -- Other (specify) MINIMOM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY AP:LICA?IOU 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 5. As an addendum to this application, please attach a separate list of any other per8ons you wish notified of this application. Certification by Zoning nepartment that Preliminary Plat Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- rim Sketch Plan Review (Class I, II & III) $150.00 Preliminary Review (Class I & II Subdivision) 250.00 Preliminary Rc-iew (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) 150.00* *(Plus any legal or engineering charges) --------------------------------------------------------------------------- The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary pr.:ess this application and further agrees to pay all additional fees .,lished by ordinance. Applicant's Signature Date Owner's Signature 'LOu= Date -..r Applicant mist have all submittals into the City offices 25 cays before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of ea -h month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. _, as :rs : • 'Y 4 v, •' ; ti r ' a't fe 6 _ N • � ;•, ••-"r 'sue _ � `t ��. ` ''` mot+ ' •. l 013.w -146 j7 ALSEE'S ONG ta, Tti. ,r L K E _ OG. _ LAKE jomms.Toa I L G _ N AT too pARRAMEME lei +�► b .=LAKE AGO. ,_;� do.' CEPTIFIC .B OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Jamie Hosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the r,tatter of i1267, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 9th day Df May, 1988. Jamie B ma r 11 Al • �. �� + � r ' � --lit 'r �"• id7 ' M, � _ ter•---" � • a' -- ----_ s : say..:� ALBEE'S LONG �s -�� LAKE `: ADD. J0H*S ON S "Ir•.5 2 . Sip pC ,.�, ,. �s y � • ;RrAR AIYG ME F ; -1 w ?= 9'• ALS E -- _ 6 LAKE ! ADO. `o" A Rir "i.y� d� �S - .v S. i�=• •ate. O E , L. S•t ��� olk . } R DEPARTMENT OF TRANSPORTATION 320 Washington Av. South NENNHIN Hopkins, Minnesota 55343-84.," L1-U v35-3381 May 3, 1988 Ms. Jeanne A. Mabusth Building do Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Dear his. Mabusth: RE: Certificate of Survey for Levering-Haislet Assoc. CSAH 6, Southeast quadrant of Dakota Ave. Section 26, Township 118, Range 23 Hennepin County No. 1626 Review and Recommendations We reviewed the above certificate of survey and make the following comments: - The developer should dedicate any additional right of way to make the right of way 50 feet from the center of CSAH 6. - As discussed in the field with Dave Zett,rstrom of the Hennepin County Maintenance Division, the developer must make these access changes. The access for _ot 2 must be constructed a' the wes, line of Lot 2. ine access from Lot 1 to CSAH 6 must be closed w;_h access to Lot 1 being via the existing driveway to Dakota Ave. - Any ne« access to a county road or a revision to an existing access ,quires an approved Hennepin County entrance permit before beginning any construction. 'ontact our Maintenance Division for entrant+ permit fors. - All proposed construction within Cr;- right of way requires an approved utility permit prior :o beginning .:struction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Maintenanc- Division for utility permit forms. - The developer must restore a l areas disturbed during construction w.•-i n County right of way p ease direct aiy response or ,.iestians to Le Aeigelt. Sincerely, David M. S-aholdt. P.E. Transportation Planning DVS/LDV: Iv HEPjiI SPIN 0 L p: Rprt• Mt•.. a i rr�V Y �c'i x•1 I t x.y e~ •f K� 1all ` �ija x. j t1s j nj Tarr r•[ct 6 row �nT Jt 3Y_4 6 grcob•on Tans Sco4 • �Q " XSod emsgs *Belch MOA ►im TV- snow' e to 0! iOORA*! 10 angel Ohe %60ww* !MM Ca" GIs► z , I ]«s - WPC 40 s LOW lyleleMe 1I �- - r,�- � tars aa[ NJAV• "I'.lq."r srp or T/a frMf�r' a LAtiKOf W-Vk ':l4AOV Me 0"&'TOX M\` Tlt1 's TM tf cast - rM.• _ . .. „ aF AkM A S-%F93� t�,. s !». ue-dl�r-sus a . . . _ 1 . . i r �� , �� ie� � �� / � E woovt►a� r� \/I( ' ft&P A" 4LAvry !4wlpma OrrOrTMa- rC"rA/.AT AR[AO aLFoa Aos Ai ties co-rnyrcT�IN • • ,- a. % r =a borwo i aNiGR �/M06 L�j1[0liN0 Kit/T/LS % "ion Tests Scch —t" r re' MOKR Y OF : 4"I 'S I PA[G &AA • mp Bsxh Mark moo. c.T 2 Nam Tlw *WM is to be ooWNcts/ � ttstsl 1�CgsmL!� Nat e ft &6VKsm' P"AM Cowan RP,A, Stendsrlb - wPc 40 a Low Otawn s-P TEST/MG AA11�� M XIL..____ To: From: Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator May 11, 1988 Subject: #1269 Richard and Jane Noland 1395 Orono Lane - Conditional Use Permit - Public Hearing Zoning District - LR-lA Pertinent Ordinances - Section 10.23, Subdivision CA) (As amended Ordinance 29, Second Series) Review Exhibit H - Conditional Use Permit required for a guest apartment within a detached garage - apartment use had existed within structure prior to 1982. Hardcover Calculations 0-75' setback area - 1,500 s.f. Hardcover - 790 s.f. or 7.52% Allowed = 0 75-250' setback area - 24,500 s.f. Hardcover - 4,400 s.f. or 17.96% Allowed = 6,125 s.f. or 25% 250-500' setback area = 2,250 s.f. Hardcover = 100 s.f. or 4.44% Allowed = 675 s.f. or 30% List of Bzhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Floor Plan cif Apartment Exhibit E - Declaration of Restrictive Covenant. Exhibit F - Orono Staff Letter 8/9/82 Exhibit G - J. Taylor Letter 8/10/82 Exhibit H - Ordinance 29, Second Series Exhibit I - Survey Review of Application - The applicant seeks the use of an apartment area on the second f loor of the existing detached garage for the use of her aunt during the months of April through November. The aunt previously lived at 1399 Orono Lane two houses tc the west of the subject property. The subject property had been owned by applicant's mother, Margaret Lomax Thomas and was the owner of the property at the time the guest apartment within the detached garage had ceased being used. At the time of the sewer project in 1980, the then current owner had asked only for one sewer stu., connection for the principal residence. The present connection to the house was located under the existing garage. The City took the position that if the sewer line were to remain under the existing garage that all Zoning File #1269 Page 2 plumbing and fixtures would have had to have been removed because of the potential of a bootleg connection to the second residential unit. Mrs. Thomas was given an opportunity to file for a Conditional Use Permit. If the Conditional Use Permit was approved, the second sewer unit charge would have been required for the guest apartment in addition to a seperate connection. Through many months of discussion with attorneys and owners and City staff, the final resolve of the sewer connection to the principal residence was sctforth in a declaration of restrictive covenant, review Exhibit E. In that covenant, the previous owner was given the opportunity to maintain the existing plumbing within the existing structure providing for heat, etc. for special storage purposes and cold water plumbing to the outside for landscape use. In addition, the owner was not required to move the sewer line from under the garage. Mrs. Thomas agreed -ot to connect the residential unit within the garage to the sewer line. The zovenant was to be filed in the Chain of Title and to alert any future landowner to the special restrictions surrounding the apartment within the garage. The covenant also states that if a second residential unit is approved for the garage, that the current hook-up would serve the guest apartment and that a new seperate connection would be provided for the principal residence to the sewer. Review Exhibit D, the applicants propose no change within the floor plan of the apartment. The unit consists of approximately 638 s.f. of area consisting of a living room, bedroom, kitchen, and a bath. Based on condition 3 of those covenants, the owner was allowed to remain hooked up to the existing water supply and to maintain, repair, and operate certain hot water heating facilities, including a small furnace for a hot water distribution piping located in the garage and heating the upper floor of the garage building for the protection of the household items stored in the upper area. In reviewing Exhibits E, F, and G, the specific covenant and letters from the Orono staff and the applicants attorney, the intent was that this structure could be used as a second residential unit if at some time in the future the owner would apply for the appropriate permits. It is not customary for second residential apartments or structures such as the one discribed be allowed to maintain a heating plant and inside plumbing. The only thing needed to make it a seperate, independent and legal residential unit would be to physically provide it with a connection to the municipal sewer which is obviously easy to accomplish, since the sewer line runs right under the garage. The structure within 75' of the lakeshore discribed on your survey as existing cabin, Exhibit_ I, would not be a third residential unit on the property, but serves as a storage facility for the family. The structure stores the boating equipment and lawn maintenance equipment, etc. The structure is in good condition and provides the current family with much needed storage area. The use of the second residential unit will not result in additional hardcover on the site. The application as proposed clearly lacks the required area of 4 acres (to support 2 residential units in the LR-lA district). The current residence requires 2 acres and contains only 37,250 s.f. requiring a 49,870 s.f. or 57% variance. The two residential units would require 4 acres or 174,240 s.f, requiring 136,990 Zoning File #1269 Page 3 s.f. or 79% variance. It should be noted that the apartment use existed under the _urrent L R - 1 A zoning district prior to 1982. Staff Aeco■�ndation To recommend approval of the Conditional Use Permit (an accompaning area variance) for Richard and Jane Noland for the property located at 1395 Orono Lane based on the following findings: 1. Based on the covenants approved by the City of Orono in 1982, the existing apartment was allowed to remain with plumbing and heating with no other attempt to alter the structure as to prevent future habitation, but allarently designed with the intent to approve a future request for a guest apartment. 2. There will be no increase in ha_-dcover proposed with the reinstallation of the guest apartment. 3. The guest apartment use had existed on t:e property prior 1982. 4. The property is now served with sewer. Approval is subject to the following conditions: 1. Prior to the occupancy of the residential apartment, the unit must be connected to sewer via the line that is underneath the garage and the primary residence shall be connected to municipal sewer via an independent new line. 2. Prior to occupancy of the guest apartment unit., the Building Inspector must inspect the structure to see that minimal standards are complied with for residential habitation. 3. Current owner must make a sewer connection payment of $14,503.18 and S.A.C. payment of $450*15:. 8 with sewer connection permit for the principal residence. Jr _sso -" Additional Cos ents and Planning Cosmmission Recommendation The Planning Commission advised the applicant. that the request would clearly have been denied based on the extent of the area variances that must be granted in approving the Conditional Use Permit (136,990 s.f. or 79% area variance). The uniqu- background surrounding the residential apartment above the detached ;arage and the covenants executed by the previous owner in 1982 and approved by the City based on the correspondence recorded in the City files, all make this a difficult application to deny. The Planning Commission did state that if the city attorney found any loop holes within the covenants that they would prefer to deny the request based on the negative precedent being established in future reviews. The Planning Commission felt that the previous City Council had already made a committment to approve a future Conditional Use Permit for the reinstallation of the guest apartment. In a final analysis, the Planning Commission moved to approve the staff recommendation noted above and added the following conditions of approval: Zoning File #1269 Page 4 1. The guest house is for the exclusive use of the members of the family who reside/cwn the principal residence on the subject property. 2. The guest house shall never be used for rental purposes. 3. If the guest house is proposed for the use of a caretaker, a separate or independent Conditional Use Permit shall be required. The enclosed resolution has been drafted per the Planning Commission recommendation. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTIONi GRANTING A VARI MCE AND AND CONDITIONAL USE PERKIT TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 4 (A) FILE 41269 WHEREAS, Richard F. Noland and Jane Noland (hereinafter "the applicants") are th,� owners of the property located at 1395 Orono Lane within the Cite of Orono (hereinafter "City") and legally described as Lots 7 and 8, "Homes on Brown's Bay, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicaits have made application to the City of Orono to permit the reinstallation of a guest house Lse in the upper or second level of an existing detached garage requiring an area variance of 136,990 s.f. or 3.14 acres or 79% variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was rev`ewed as Zoning File 11269. 2. The property is located in the LR-lA, Lakeshore Residential Zoning District requiring two acrea in area. 3. The property is approximately 37,250 s.f. or .135 acres in area. 4. The Orono Planning Commission reviewed :his application on June 6, 1988, and recommended approval of the proposed variance to the area standard that would require 4 acres or 17.1,240 s.f. in area for both the principal residence and guest house per Zoning Code Section 10.23, Subdivision 4 (A), and recommended approval of a Conditional Use Permit for the reinstallation of the guest house use per that same section based on the following findings: a. Based on the private covenant execu-=ed in 1982 by the previous owner of the property at the regL.est of the City of Orono, the exis Lng apartment was allowed to remain with plumbing anC heating with no other attempt to alter the structure as to prevent future habitation. The intent and conditions of that covenant strongly suggest that a quest apartment could be reinstalled on the property in the future if the appropriate permits were obtained from the City of Orono. b. The guest house use had existec, on tha property prior tc 1982 and under the current existing LF-lA Zoning District. C. The property is now served with :.ewer. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. d. There will be no increase in hardcover proposed with the reinstallation of the guest house use. S. The City Council finds that the conditions existing on this pro- perty 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 properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon - Page 1 of 4 strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; anti would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The. City Counci 1 f inds that granting a conditional use permit to allow the reinstallation of a guest house would not be detrimental to the health, safety or general welfare of the public, would not adversely affect l-ght, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDZR AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Fermit and Variance to Munici•Dal Zoning Code Section 10.23, Subdivision 4 (A) that would allow the reinstallation of a guest house use and approves an area variance of 136,990 s.f., 3.14 acres or 79% for two residential units on a single lot in a zoning district that would require 4 acres, subject to the tollowing conditions: 1. The guest house is for the exclusive use of the members of the family who reside/own the principal residence on the proper-y. 2. The guest house is not approved for rental purposes. 3. If the guest house is proposed for the use of a caretaker, a seperate or independent Conditional Use Permit shall be require'. 4. Prior to occupancy, the guest house must be connected to sewer via the line that is under the garage. The existing primary residence shall be connected to municipal sewer via an independent new line. ;. Prior to occupancy of tf, guest house unit, the building inspector must inspect the str— to see that minimal standards are complied with for residential i ion. Page : 4 Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO 6. The current owner must make a sewer connection payment of $14,503.18 and a PAC payment of $550.00 with the sewer connection permit for the principal residence. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resoluticn will eApire on that date (June 13, 1989). 8. Violation of or non-compliance with any of the terms and condi- tions 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. 9. 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 resolLtiun in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June 1988. tTTEST : Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 3 of 4 CITY OF ORONO - GENERAL LAND USE APPLICATION rlry nc r.nNr PROPERTY LOCATION F,i E W I A%A. 1:5/ i000011 Site Address 1395 Orono Lane N WN 100.00 Property Identification Number (P.I.D.) 02 117 23 34 0006 JWK A 100.00 REC•EIP T- TNAJ K YOU Please check one - Property X abstract or _ torrens?#C7n''•4 0 `Y)^1 QO' T'•' (for Conditional Use Applesions only) 04/1 .49 Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICAM Phone (home) 473-8002 Name Richard F. & Jane T. Noland Phone (work) Address 1395 Orono Lane City Orono Zip 55391 ------------------------------------------- -------------------------- OUNER (if different than applicant) Phone (home) Name same Phone Address City Zip Date Property Acquired (month/year) I (Qa) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - 71"Ou" USE PERMITS %f_ $100.00 a) Residential accessory -Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $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 Residential Other (specify) ---------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in details to R dw2lline unit f e },o :e place for 80+yPar old Hunt from Arril to November. --------------------------------------------------------------------------- RHQUIRED 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 "enter 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. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. Plat Map. 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. --------------------------------------------------------------------------- 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 --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application ar.d further authorized reasona entry onto the property by City staff, consultants, agents, commissio nem er an Council members for purposes of investigation and', f' t is request. Owner's signature Date A 1^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each mcnth. Applicants must be present at all scheduled review meetings of the Flanning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building 6 'Zoning Office of this change prior to the meeting. RUN DATE 03/17/08 BATCH 004 38 02-117-23 S2 0001 PPOP ADDR 00485 ORONO ORCHARD RD S OWNER NAME EDWARD H HAMM TA'!PAYER EDWARD HERSEY HAMM t:AME/ADDR 408 ST PETER ST ST PAUL EN 55102 36 02-117-23 33 0011 PROP ADOR CWHER NAME EDWARD H A JEAN HAMM TAXPAYER EOWAPD H A JEAN HAMM NAME/ADDR 408 ST PETER ST ST PAUL MN 55102 38 02-117-23 34 0OC4 PROP ADDR 01387 ORONO LA OWNER NAME DOUGLAS C MOEN ET AL TAXPAYEP DOUGLAS A JU'DITH 10EN NAME/ADDR 1387 ORONO LANE WAYZATA MN 55391 r 38 02-117-23 34 0007 PROP ADDR 01397 OP.ONO LA OWNER NAME L-NA M WEDS TAXPAYEP CANA M WELLS NAME/ACOR 1397 ORONO LANE WAYZATA MN 55391 38 J2-117-23 34 0012 PROP ADDR 01355 SHORELINE OR OWNER NAME 0 A M JOHNSON TAXPAYEP D2UGLAS D A MARY M JOHNSON NAMZ-/ADDR 1355 SHORELINE OR WAtZATA MN 55391 HEt?JEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 02-117-23 33 0002 01465 FOX ST G A L CAPP GEORGE 0 A LYNDA M CAPP 1465 FOX ST WAYZATA MH 55391 38 02-117-23 34 0001 01385 FOX ST ANDREW J GOETTEN A WIFE ANDREW J GOETTEN 1385 FOX ST WAYZATA MN 55391 38 02-117-23 34 0005 01389 ORONO LA HENRY W SEE ETAL HENRY W SEE 1389 ORONO LANE WAYZATA MN 55391 38 02-117-23 34 0008 01399 ORONO LA MARIAN LOMAX KELLEY MARIAN LOMAX KELLEY 1399 ORONO LANE WAYZATA MN 55391 TOTAL BATCH 004 00013 REPORT NO. PI435401 PAGE 11 38 02-117-23 33 0010 01410 SHORELINE OR WILLIAM 0 GREGORY ET AL WILLIAM D GFEGORY 510 BAKER BUILDING MPLS MN 55402 38 02-117-23 34 0003 01385 ORONO LA STATE LAND DEPT N A J WEED 1385 ORONO LANE WAYZATA MN 55391 38 02-117-23 34 0006 01395 ORONO LA NORWEST BK MPLS-NTL ASC TRST NOPWEST SK MPLS-TPUST RE DIV 8TH ST A MARQ'jETTE AVE MPLS tot 55479 38 02-117-23 34 0011 01325 SHORELINE OR THOMAS H RUDD THOM45 H RUDD 1325 SHORELINE DR WAYZATA MN 55391 F. 11 1 RUN DATE 03/17/68 EATCH 004 I HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P1435401 PROPERTY OWNERS LIST PAGE 12 �L ♦ Y � 1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AiO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT FkOPERTY TN(ATION T THE BEST OF MY !'NCALEDGE AND BELIEF. OA BY l i ti ii ` rsl �� . t,� • m '� 44!h 1. J ` w •Y .� 11 n r io i t to ' o :* � � � (tip �,' k' � V- .• s of jl•� • �� - 76 016 B 0 h yb� L V ''� �>4 Q• 3 .a 1. s, "—' �' " h� ORONO LA one 3 f 2 c31 2 tO A roWn S 4XE .1, act- r •.r�� N J �. =e,r+ (K- 0go No Z3 I cY •� Z f o ,- +L_ Tom ..,�'•,c t 1 s. CLG•.. w5 am wcr 4 ! •-- — IGTcaEN won 04-14 Q_ _ I x iI P. I 1 14-), , s•'•• 1 • .. ' I x•� �—'j Jril I 1 1 , '� 7 r ir" ,...._ • g...�..,r ; � I TT"'- _ �•—. � � � � 111''' � � '+ 111f1..ijW`e..�{� Ij i; 1 I � ►�, ,: �,i r i r�rATt/�► i t DECLARATION Of RESTRICTIVE COVENANT THIS DECLARATION, Made this ldth day of Aueuat 1982, by MARGARET LOMAX THOMAS, a widow and unmarried, also known as Margaret Pearl Lomax Thomas, hereinafter referred to as 'Declarant"i WITNESSETH THATt WHEREAS, The said Declarant is the fee owner of the real property situated in the City of Orono, County of Hennrpin, State of Minnesota, described as follows, to -wits Lots 7 and 8, Homes on Brown's Bay, according to the recorded plat thereof (which real property is hereinafter referred to as the 'Subject Prenises')1 and WHEREAS, The dwelling house on the Subject Promises has recently been hooked up tv the sanitary sewr in the abutting street under City of Orono Perr.tt No. 66641 and WHEREAS, There now exists upon the Subject Promises a garage building which includes on the second story thereof an apartment physically suitable for residential purposes which use would now be a nonconforming use under the i.ity of Orono loninq � Ordinances, but which use might be persitted in the future if said naraqe buildinq were hooked up to the sanitary sewer and if'proper authorization for such use were obtained from the City Council of the City of Orono under the City of Orono soninq ure+nanoes1 and WHEREAS, The apartment has not recently been utilierd for hunen habitation, occupancy or use and since it is not the ,cent'a intention to utilize said apartment for human habi- —%,.'n, ncrupancy or use, Declarant elected not to hook up said ?•r.y- hliil(linq to the sanitary sewer) 1 � i NOW, THEREFORE, In consideration for the determination by the Ci• of Orono that the sewer hookup work performed with respect to the Subject Promises under City of Orono Permit No. R6664 was and is in all respects correctly performed in accordance fwith all city and state laws, rules and regulations, and of other 1` good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Declarant, Declarant hereby imposes upon and subjects the Subject Premises to the following restrictive covenants for the express benefit of the City of Orono, a Minnesota municipal corporation, its successors and 1 assigns, and for the present and future owners of property 000- tiguous to the Subject Premises (but excluding any property lying below the high water mark of Lake Minnetonia), their heirs, devisees, .-srsonal representatives, successors and assigns, sad further Declarant agrees that if Declarant shall convey the Subject Premises or any part thereof, the 000veyance shall be nabs subject to the following restrictive covenants. 1. Except for purposes of storage of personal and household gods, automobiles, lawn equipment, boats, recreatiaoal equipment and Ltber equipment and personal property Dorsally sad usually stored In garages in the City of Orono, the presently existing garage building upon the 6"Ject Premises is not ia• tended to be and will not be utilised for human habitation, occupancy or use unless and until Declarant or her heirs, devisees, Personal representatives or assigns shall have aade applicatlaa to the City Council of the City of Orono or other duly ooasti- tuted public authority under its then existing ordinances aa4 rujuldtionu fur a permit or conditional use zoning change re- lating to thu bub)ect Promises which will permit the garage "11(1110J u,, tf,u Liub.oct Promises to be utilized for human habi- 1 --L-wi, �_ _ .�•��. y ur uru 41'u such ,Perolt OAsll nave Deen issued • or zoning change approved by said City Council cr such public authority. If the then existing rules, regulatiors, and ordinances of the City of Orono or other duly constitutional authority should require it as a condition for residential use of the apartment In the said garage building, the Declarant, or her heirs, devisee&, personal representatives or assigns shall also: (a) Provide at her own cost and expense a completely separate sanitary sewer access from the naia dwelling house located on the Subject Premises to the public sanitary sewer system located in the abutting street, with all parts of said access to be located outside the garage building located on the Subject Preaisest and (b) Pay to the City of Orono or other such public authority any amounts or charges then required to be paid for an additional access to the public sanitary sewer system from the Subject Premises. Z. Pending the granting of such penLit or approval of conditional use zoning change by the City of Orono or other atich public authority, all installed plumbing fixtures located in tds garage building shall be and remain discoeusected from any wat,ar system or sewer system either serving the Subject Prsaises before the work was performed under Permit No. 6664 or which servea tAe Subject Premises after the performance of such work, except as specifically provided for in Paragraph 3 below. 3. Declarant specifically reserves the right, how- ever, to keep hooked up to the existing water supply and to "im maintain repair, replace and operate i) certain hot water beat - my facilities involving a small furnace and hot water distri- bution pipiny located in the garage building primarily for the heating of the yarays portion of the garage building and, y. secondarily, to provide minimum heating in the upper floor ,f the garage building for the protection of personal and house- hold items stored and to be stored therein, and (i.) outdoor faucets which are a part of the garage building as well as in- door faucets in the lower or garage portion of the garage build- ing. Declarant states that the heating system in said garage building has been continually used for such purposes for many years. 6. Except as hereinafter set forth, Declarant hereby agrees and affirms that this Declaration shall not be revoked or altered in any way without the express consent of the City of Orono or its successors and assigns, as authorised by a resolution of the Council of the City of Orono. S. Declarant here`,y reserves the i t ' it herself, her heirs, devisees, personal representatives L A►igns to revoke and terminate this Declaration ipon the u.:currenee of any of the following events without the consent or concurrence of any benefitted party: The tearing dew, and ranoval from the Subject Premises of all buildings, or the presently existing garage building, or the removal from said garage building of the top or potentially residential floor thereof. 6. This covenant shall run with the land and shall be bindinq upon the Declarant herein, her heirs, devisees, personal representatives and assigns, and all persons claiming under her and shall benefit the City of Orono and its successors and assigns and the owners of property contiguous to the Subject Premises, (but excluding any property lyi«g below the high WAtor mark of Lake Minnetonka), unless Declarant exercises her rights under faragrAph 5 Above to terminate this Declaration • or unless an instrument executed by the Declarant. her heirs, devisees, personal representjtivetand epssigns, and the City •�'• 1 of Orono, its successors and•as.sigRs,,-jed the owners of i 1 property contiguous to the Sdbjec 4rem1sel (but excluding any property lying below the high wat4W malt of Lake Minnetonka) has been recorded terminative¢ or d teriL the ra trictive covenants herein set forth in whole or in part. 7. Enforcement shall be by proceedings at law or equity against any person or persons violating or attempting to violate the r�strictivo covenants -rein set forth, either to restrain the violation hereof or to rveover damages. Upon any enforcement proceedings rl�seribed herein in which Declarant, her heirs, devisees, personal representatives or assigns, are determined to have attempted to violate or to have violated the provisions of these covenants, said Declarant, her heirs, devisee*, personal representatives or assigns shall pay all court costs of said proceedings, together with all attorneys' fees of the City of Orono and its successors and assigns, incurred by said City in enforcing said covenant. S. The total consideration for this transfer of property is 31.000.00 or less. IN TESTIMONY WNTREOf, The Declarant has set her hand hereto the day and year first above written. State Deed Tax Due hereon is $2.20 �afmjlol-�?.JA hi MMAL STATE Or MINNESOTA) COUNTY OF HENNEPIN)es. The foregoing instrument was acknowledged before me I ►.,+� /n +ey nf(%-• •...•! , IgP2, by NAanAPFT 1,0MAK TF1n•+A9, ,T • ..n• I' , - , - ,. I I, .r ' CITY OF ORONO August 9, 1982 Mrs. Oeorge Thomas 1395 Orono Lane Mayseta, M11 55391 CITY of t )NO ►,.M carte+ N.a am • C ►sw1 Mar, M1w111wwm ON. �w1eiN1 oA`n On the North Shop? o1 Lake MI"Mots+nle Res Sewer Connection - Premit 06664 Dear Mrs. Thammas t 11e have still not reached a solution concerning the status of your sower connection and garage building. I last talked with Your attorney. Mr. Taylor, on July 6, 1982. At that time he stated that he would be drafting some sort of agreement concerning future use of the garage building, and would get back to me with your decision. That was over a month ago and I have heard nothing since. The City's position remains that you were provided with one sewer stub and assessed for 1 residential unit of sewer service intended for your main residence only. The sewer service ik►stalled through your garage in April, and as it remains today, is in violation of several state plumbing code and local ordinance requirements. It is your responsibility, and that of you,.- plumber. to correct these violations. Several alternatives have been given to your 1. Remove plumbing fixtures existing in the garage and reroute the main house sever line around the outside of the garage. 2. Retain plumbing fixtures in the garage by applying for and obtaining a guest house permit as required by Orono's coning code, and by thereafter paying the additional sewer assessments due for the second residential unit. This also requires rerouting of the main house sewer around the garage, but would allow the garage plumbing to remain. "1 11M-10. a ltIViV1, all 1141 0 /1%*W'F 471 M@ • h •1 M .'Uotq Mrs. George Thomas 'ape 2 August ^. 1982 your attorney proposed a compromise agreement wherein the main house sewer would be rerouted around the garage and the garage plumbing fixtures retained but not connected and not used. No additional assessment• would be paid until such time as a guest hous,9 permit might be applied for and granted. This agreement would be filed in the chain of title of your property. ' The time for a decision has come. Several deadlines have come and gone without an answer. I will expect to receive your decision in writing not later than Monday. August 23. 1992, and that corrections will ha-e been completed and/or all formal applications or agreements filed not later than August 31, 1982. In the event that these deadlines are not met. I will turn my file over to the City Attorrey's office for proper legal action. please let me hear from you. It is our intention to work with you as much as possible to pet this matter resolved. At the aam time, it is also our job to see that the ordinance requirements are upheld. Walter R. Benson, City Administrator Thomas J. Jacobs, Building Official Bruce D. Malkerson, City Attorney Carl Milow, City view Plumbing 1395 Orono Lane Pile C DORSEy, W'NDHORST, HANNAi' ID, WHITNEY A HALLADAV •K •r n�ft r.•O„al, 0Mr SO.G. • O f1011 fY Mf ANC ti•l,).'..l fv"� hOf �o[Yff�iR Y.rAffC•• Mfl.f fp+, tow M .a fx"08006 hbf f n f•o 9• %f• r00••• �.pf ,t, M '. f.00 ►1461 Nrw ►I W f fAQ* YI•,Mf.►n��• MiMMf W�•ffr0f �f I. 940 1400 C401f DEW *f l..■ Roof" •.�fl'Mff 411' Ma.e" August 10, 1982 JO► N J TAVLOR ! �..." 11(C. Mr. Alan P. Olson City Planner City of Orono P.O. sox 66 Crystal say, Minnesota 55323 1.90 0-00 M!O 1Sm 191. f•.fft ■ . .Y.nrf•P. O C .mM -."A V'r ...I.ffY•- ISIRM' 1010, •V'fo." fs &%A u mod .4 +s or.f •orrrt ITY OF OROMO- Res Thomas Residence -- 1395 Orono Lane - Sever Dear Mr. Olson: Pursuant to our telephone conversation of several weeks ago, I am enclosing herewith a proposed Declaration of Restrictive Covenar:t which we are proposing to be executed by Mrs. Thomas and filed of record relating to her property in the City of Orono. Thy Declaration will put of record private restrictions benefitting the City and adjoining property owners relating to the use of the upstairs portion of her garage for residential purposes. The Declaration also sets out the extent to which Mrs. Thomas would like to keep existing plumbinq equipment in the garage building. The upstairs equipment would, of course, be inoperative with the exception of heating and in the lower portion of the garage she would like to keep ope a heating plant and radiators as well as any water faucets. This Declaration would certainly have the effect of giving notice to any prospective purchaser of limitation of use of the garage buildinq and at the same time would permit any future owner of the property or Mrs. Thomas, ifninq from conditions changm, or if thry obtain proper permission the Council and wish to pay the appropriate toes, to utilize the building for quest or family residential purposes. OOAtf• Rir OMO.y*. MAawAr 001k A.TOw A "AL4.Aw• Mr. Alan P. Olson Page 2 August 10, 1982 i would appreciate your reviewing this instrumm t and giving me a call with your co+anents. JJT/ms Enclosure ?Ct Mrs. G. Cullen Thomas I ovDINANCI: NO. 23, SECOND SERIES An Ordinance to amend Municipal Zoning Code Sectift-10.20, Subdivision 3 (G) to allow .ion -rental guest apartments within a principal residence as a conditional use, and to amend Section 10.02 by incorporating a definition of "Guest Apartment'. The City of Orono Oruains: The Municipal Code of the City of Orono is amended by adding Ordinance No. 29, Second Series: Section 1. Orono Municipal Code Section 10.20, Subdivision 3 (G) is hereby repealed and the following language substituted in its place: Qii) Guest Houses. A separate dwelling constructed on an ting undivided lot for the sole use of the occupants c upants of the principal buildings, including their domestic employees or their, non-paying guests. All regular lot requirements shall be met byI the guest house. i i ) Non -rental Guest Apartments. ;%n apartment within the principal residence structure on a let for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the conc, rr.s of parking, sewage treatment, entryway and interior access method. Such apartments shall rot have utilities metered separately from the principal residence utilities and shall not have a separate street address. Section 2. Orono Municipal Code Section 10.02 is hereby amended by adding the following definition: "Guest Apartment" - An apartment within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their non-paying guests, with at least one access door to the apartment from within the principal structure, such door being the primary access to the apartment. Section 3 - Orono Municipal Code Section 10.2.0, Subdivision 3 (U) is hereby repealed and the following language substituted in its place: OF IGRVEY FOR RICHARD F. NOLAN*D OF LOPS 7 AND 8,.HOMES ON BROWNS PAY' Jy� 111RRR � HENNEPIN COUNTY, MINNESOTA y� .i�i �fl/ft Cw �f��Ili sw1 � V:l act- I•we •e_f♦ N..✓r•.•. (vt1• O -1J" ��tee1J�. F�7fe lfj,/Y. 7J2 �p �l 7J •1Te' Z! low t SO A". 4400 17.90 ?f0-Jeo ?JYal1r. C 1e0l/t,0101 4,II SCALE: 1" . 30` LATE 2-15-88 u Iron Marker s.`+ spot elevauan: DATUM: Mean Sea Level e Iran Marker foun.l I horoby certify that this is a true and correct ropn•sr•ntation of a survey of the boundaries .c Lots 7 and Bo"Homes on Browne ea,; and the location of all existiny ouildinc-a thereon, concrete slabs, walks anJ steps. It does not pur- port to show any other improvements or encroachments. COFFIN 8 GRONBERG, INC. j a I Mark S. Gronberg Lic. No. 12755 Engineers, Land Surveyors 8 Planners I-nq Lake, Minnesota ►-1 ' - TO: Mayor Grabek and Council City Administrator Bernhardson FROM: Michael Gaffron, Asst. Planning & Zoning Administrator DATE: June 8, 1988 SUBJ: #1272 Richard J. Heit, 1153 Elmwood Avenue - Variance - Resolution Zoning District - LR-lB, 1 Acre - sewered, lakeshore. Application - Request for side setback and hardcover variances to construct a second story addition tc existing house. List of Exhibits - A - Planning Commission Action Notice 5/19/88 B - Applicant's submitted floor plan drawings C - Memo from Tom Jacobs, Building Inspector 0 - Memo and Exhibits of May 11, 1988 E - Proposed Resolution Discussion - The applicant is requesting a side setback variance of 3.5' to construct a cantilevered second story addition to the existing residence, and which also requires a slight variance f,.-r additional structural hardcover. Because the proposed structural cantilever is over existing rock/plastic which is necessary to protect the foundation, and partially over an existing entry walkway, technically there is no additional overall hardcover on the property. Please review the memo and exhibits of May 11, 1988. Planning Commission at their May 16th meeting voted 5-0 to approve the requested side setback and hardcover variances, subject to the following conditions: 1. Prior to Council review, applicant shall provide staff with an existing and proposed floor plan for the residence, to verify that the addition will not function as a separate dwelling unit. (Note that the applicant's request for the addition is to provide bedroom space for his parents, who will be living with him.) 2. Prior to Council review applicant shall satisfy the Building Inspector that the existing structure can structurally support the proposed cantilevered addition. The Building Inspector has reviewed the building and has verified that the structure can support the addition if some minor changes are made to the existing structure (see Exhibit C). Additionally, applicant has provided a plan of the main floor and proposed second story addition which indicate that the only access to the addition is directly through the middle of the house, and that no separate kitchen facilities are proposed or intended. The addition wi 1 1 not function as a guest apartment, but will merely make this three bedroom home into a four bedroom home, potentially a five bedroom home if the 81x 10' room at the top of the stairs is used for a bedroom. .A Zoning File #1272 June 8, 1988 Page 2 of 2 Staff would note that the addition plan shcws a sliding glass door opening to a deck. If such a deck is proposed, it will have to be built on top of the roof of the existinq house and will require some steps up, most likely. Based on the applicant's piopucal, sucl- a deck appears only marginally feasible. Staff Recommendation - Staff recommends approval of the variances for side setback and additional structural hardcover variznce, based on the following findings: 1. The percentage of hardcover it the 75-2`_0' zone will not increase from its existing 44.5%. 2. The proposed additional will have no impact on the views of the lake enjoyed by any neighboring property. 3. The proposed cantilevered addi -- ion will be located 8.6' from the side lot line with a 2' over hang, but will be no closer to that lot line than the existing covered walkway structure attached to the house, and will have no impact on the neighboring residence which is sore than 50' away. Staff would recommend the following condi-ions of ,approval: 1. No additional future hardcover on the property. 2. Applicant is advised that any future creation of a separate kitchen facility for this second story addition would constitute making it into a separate "mother-in-law apartment", which would require a conditional use permit. The current variances being granted for hardcover and side setback are merely for the addition=tself, and it is not the City's intent in approvinq these variances that approval of separate guest apartment is approved or intended. The existing house and addition are approved only as a single family residence. A resolution reflecting the Planning Commission recommendaiton and the above conditions avid findings is attached for Council review. ZONING FILE 90. 1272 CITY OF ORAM NOTICE OF PLANNIN, COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/19/88 --------------------------------------------- ----------------------------- TO: Richard J. Heit 1153 Elmwood Ave. Mound, MN 55364 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 5/16/88 VOTE: 5 For it Arainst Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Prior to Council review, applicant shall provide staff an existing and proposed floor plan for the residence, to verify that the addition will not function as a seperate dwelling unit. 2. Prior to Council review, applicant shall satisfy the Building Inspector that the existing structure can structurally support the proposed cantilevered addition. (Please contact Building Inspector Tom Jacobs, at 473-7357 to set up an appointment to review the structure, so he can determine whether a structural eriino.er's opinion is required). Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the June 13th, 1988 meeting is June 3, 1988. If the applicant has trouble obtaining additional information, Please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. / . 1t A.l• 2 \ i 4 t I i ' t 1 `yam bw R � � ;r t s,-ffW& orgasm" w cm MICAL CM..& "'W, ..— O%--I- 34 ;'e=� MIL ram- — IV 44'- W' To: Michael Gaffron, Asst. Zoning Administrator From: Tom Jacobs, Building i Fire Inspector Date: June 1, 1988 Subject: 1153 Elmwood Avenue - Orono- Site Inspection to Determine if Second Floor is Feasible. On May 27, 1988 I conducted an inspection of the above subject property whcih revealed that a second floor is possible with the following changes: 1. Provide a 2' by 6' bearing wall at the center of the basement. 2. Provide structural support over basement windows. 3. Assure that adaquate drainage is maintained at the east end of the house. TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson PROM: Michael P. Gaffron, Asst Planning i Zoning Administrator DATES May 11, 1988 SUSJMCTa #1272 Richard J. Heit, 1157 Elmwood Avenue - Variance - Public Hearing Zoning District - LR-lB, 1 Acre - Sewered Lakeshore Application - Request for side setback and hardcover variances to construct a second story additon to existing house. List of exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owner List Exhibit D - Neighbor Acknowledgements Exhibit E - Applicant's Exhibits E-1 - Letter E-2 - Before and After Side Elevation Views E-3 - Reduced Survey E-4 - Full Size Survey Showing Extent of Hard- cover and Side Setback Variances E-5 - Enlarged Side View E-6 - End View Cross Section E-7 - Lake Elevation View E-8 - North Side Elevation View Exhibit F - Staff Hardcover Review Exhibit G - Staff Sketch of Approximate Location of Neighboring Houses Pertinent Pacts - 1. Side Setbacks: Existing house 10.6' Proposed cantilevered 2nd story = 8.6' Existing 1st story walkway overhang = 5.51+ Proposed 2nd story 2.1' overhang - 6.5' (all over walkway) Side setbacr variance required for new construction - 3.5', since the overhang (which exceeds 18") is an encroachment into the side yard per Section 10.03 Subd _1,(A) which states: Subd. 15. Non -Encroachments. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, f lues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the 1 i ke, provided they do not 1 extend more than 1-1/2 feet, off-street parking except as hereinafter regulated. D. In side or rear yards only, bays not to exceed a depth of two feet nor to contain an area of more than twenty square feet, fire excapes not to exceed a width of three feet, fences and walls not to exceed a height of six feet above grade and open off-street parking. 2. Hardcover Existing Proposed 0- 75, 120 s.f. (38) No change 75-250' 3703 s.f. (44.5%) 3703 s.f. (44.5%)* 250-500' 0 s.f. No change * Proposed structural cantilever is over existing rock/plastic 3. Note the unusual patterns of ownership (Exhibit G). It is staff's interpretation that there is no encroachment into average setback because adjacent lot to the north is vacant. It is staff's opinion that no views enjoye-i by adjacent lakeshore lots will be encroached upon by the upward addition. Discussion - Please read the applicant's letter of April 20, 1988 (Exhibit E- 1), which describes the proposed variance request. Briefly, he wishs to add a second story over the easterly 2/: of the house, requiring technically a variance for additional sturctural hardcover, and requiring a side setback variance for the addition and its 2' overhang. Note on the survey that a large portion of the Grandview Avenue turnaround, which is maintained by the City, occurs within the applicant's Lot 19, and has not been included in the hardcover calculations. Staffs hardcover calculations include additional minor areas of hardcover not included in the applicant's calculations, but do include portions of the un-tr3veled Elmwood Avenue right-of-way which appear to exist fuctionally as part of the applicant's property. Because the additions are over various items of existing hardcover, technically there is no increase in the 44.5% hardcover already existing in the 75-250' setback zone. The ownership pattern in the nieghborhood is quire unusual, in that per Exhibit r, the property to applicant's inmediate north is owned as lakeshore access by his neighbor to the southeast, Beito. Because of this, technically staff feels there is no need for a variance to the average lakeshore setback standard, and functionally, none of the existing neighboring houses will have views affected by this one story addition. 2 Staff Reca erndation - Staff recommends approval of the side setba7k and hardcover variances requested, based on the findings as noted -bove. Planning Commission may wish to consider whether any of the existing gravel/plastic areas are appropriate for removal of the plastic, although because of the slope of the property many areas of that plastic probably serve to limit site erosion, and may help protect foundations of both the garage and the house. c T� VF`Q iF v SrfW c C:4PQ+� --rr. a {. ►r1 D e1f.4j C� (�O[ytC , E F+G� . OQ - ,f -r -rk*,K IEEE. � r f U�� — leg r •X t' C,.at, / � �� P"W f D4s. 4-^J S() _: td CA" V t Tp Oe V, A, 3 'J CITY OF - V IAI PLI TI i} ' t' l ✓ Initial Applicatior. Fee $150.00 (S50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ----------------------------------------------------------- PFAMOT! LOCATION Site Address 1153 Elmwood Ave. Mound, MN 55364 07-117-23 14 0028 Property Identification Number (P.I.D.) 07-117-23 14 0037 Please check one - Property abstract or X torrens? Attach legal description to application if not included on required survey. ----------------------------------------------------------------LJ-TY-?F,Ckm- APPLICANT Phone ( home) 4 7 2- 6 9 7 7 FI NAWE OFFICE Name Richard J. Heit Phone (work) 931-1602am 00 CAC 200. ()@ Address: 1153 Elmwood Ave. -------City: Mound ZiJY 5��Y ON (if different than applicant) Phone (home) 0;-77400 C4,1Y1 M TO7:3S Name Same Phone (work) Address: City: Zip: Date Property Acquired 7/79 (month/year) I (do) (do not) also own the adjacent parcels of land. (Yes for lot across street- -------------- ---------------------------------------- ------ - PRESENT USE OF PROPERTY Present Zoning District _/- k' - 1 Q Present Use of Property Residential Residential Other (specify) ------------------------------------- ------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost $40.000 Describe request in detail: Add a second story to home. Addition is 765 square feet. Main floor presently is 1,254 square feet. --------------------------------------------------------------------------- W.RIANCES REQUIRED Lot Area Lot Width x Hardcover Setback Variances ( Front x Side Rear) (questionable) Other RARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Addition is not big enough for stairs with tw variance. Main floor vaulted ceiling 1lmits size of addition. --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS A 7' wide bedroom is too small. Describe unusual property conditions preventing compliance with Zoning Code Requirements: Narrowness of lot (50') and inability of using entire owned property in calculations. --------------------------------------------------------------------------- REQUIRED SUBMITTALS Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (I10) pre -addressed to each of the names or she above list with no return address (use address labels obtained with property owners list). 4. Certificate cf survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. T Plat Map (obtained with property owners list). 7' As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. --------------------------------------------------------------------------- Tnt- Applicant and Property Owner must sign this application. Please rt.Rkember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature !' Date \pril 22 1988 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature / Date Aprit 22, 1988 ---------------------------------- ----------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commissic: Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting An p •_.;t- o r to i LINDEN. � M OI LOT e 1. 1-FOOT !TRIP 111Eli RVlO _ � • � " {zip ' ..—r :, 1 • 23 ► t 30�.kr 20 ' 33 ib to :'34 1716 , r� 12 11 I RUN DATE 04/20/88 BATCH 002 38 07-117-23 14 0016 PROP ADOR OWNER NAME STATE LAND DEPT TAXPAYER CITY OF ORONO t7AME/ADDR ! 38 07-117-23 14 0028 PROP ADOR 01153 ELMWOOD AVE OWNER NAME RICHARD JAMES HEIT TAXPAYER RICHARD JAMES HEIT NAME/ADDR 1153 ELMWOOD AVE MOUND MN 55364 r 38 07-117-23 14 0033 PROP ADOR 01180 ELMWOOD AVE OWNER NAME J W L4MBRECHT ET AL r TAXPAYER JON W LAMBRECHT NAME/ADOR 1180 ELMWOOD AVE ' MOUND MN 55364 38 07-117-23 14 0059 PROP ADOR 01199 ELMWOOD AVE F- OW11EP NAME J A E HARVEY TAXPAYER J SCOT HARVEY NAME/ADDR 1199 ELMWOOD MOUND MN 55364 P' 38 07-117-23 14 0065 Cj! PROP ADDR 01125 NORTH ARM OR WNER NAME DAVID J A VALERIE J PETERSEN TAXPAYER DAVID J A VALERIE J PETE95EN NAME/ADDR 1125 NORTH ARM DR r MOUND MN 55364 HEt4NEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 14 0026 01137 ELMWOOD AVE HANS G WEILER ETAL HANS G WEILER 1135 NORTH ARM OR MOLNvb MN 55364 38 07-117-23 14 0029 01161 ELMWOOD AVE B E A R K GARLOCK BRUCE E GARLOCK 117^ ELMW000 AV MOUND MN 55364 38 07-117-23 14 0036 B E R R Y GARLOCK BRUCE GARLOCK 1179 ELMWOOD AV MOUND MN 55364 38 07-117-23 14 0063 JAMES DESPLINTFR JAMES DESPLINTER 1121 ELMWOOD AVE MOUND MN 55364 TOTAL BATCH 002 00013 REPORT 00. PI435401 PAGE 3 38 07-117-23 '4 0027 GARY E BEITO ETAL GARf E BEITO 1169 NORTH ARM OR MOUND MN 55364 38 07-117-23 14 0030 01179 ELMWOOD AVE BRUCE GAPLOCK BRUCE GARLOCK 1179 ELMWOOD AVE MOUf4D MH 55364 38 07-117-23 14 0037 01153 ELMWOOD AVE RICHARD JAMES MEIT RICHARD JAMES HEIT 1153 ELMW000 AVE MOUND MN 55364 38 07-117-23 14 0064 01135 NORTH ARM DR HANS G i EMILIE E WEILER HANS G i EMILIE E WEILER 1135 NORTH ARM DR MOUND MN 55364 38 07-117-23 13 0215 STATE LAND DEPT CITY OF ORONO _ FLOOD CONTROL (UNDER WATER) 2/5/82 ST DEED 0161148 Adjacent Property Owners' Acknowledgement Fors I (we) Hans G. Weiler of 1135 North Arm Drive, Mound pr nt name s [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 1153 Elmwood Ave, Mound also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use re uires Co it approval. 1 � Pro ty ownoN Date E. WL^QLV- 1� /.? / Property Owner Date T If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. Adjacent Property Anvers' Acknowledgement Form I (we) Gary E. Bieto of 9 North Arm Drive, Mound pr nt name s Tpr nt a dress have reviewed the plans for the proposed improvement or proposed use of the property located at 1153 Elmwo,_d Ave, Mound also referred to as Land One Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Wropeiety Ownof Date rty Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. j Adjacent Property Owners• Acknowledgement Form I (we) Bruce E. Garl,ck of1179 Elmwood Ave Mound [print name s [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 1153 Elmwood Ave, Mound also referred to as Land Use Applicatior No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for th• ,ity Council that I (we) am (are) aware of the improvement plans and t the proposed neighbor's project or use requires Council approval. Date -- Date If you have any information that may assist the Ci.; in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ST* F/cam- copy e- - April 20, ! 988 Orono City Council Orono, MN Dear Council Members: This request for a hardcover and side lot setback variance is to allow a second story addition onto our existing home for living space for my parents (ages 83 and 80). They no longer can take care of themselves full time and this alternative is more palatable than a nursing home. Hardcover variance (color coded yellow on all drawings`: ro accommodate the stairway to the second story, a three fc)ot cantilever is required on the east end of the house. This 28.3' x 3' overhang (85 sq. ft.) is considered hardcover. We own two lots. The lake side lot (lot 8) has the house and garage and the other lot (lot 19) is on the ither side of Elmwooa Ave. This second lot is vacant and unbuildable because of its small size, 155' x 40' (6,200 sq. ft.). The additional 85 square feet of hardcover represents 1.2% of that portion of lot 8 that is not within the 75' lake setback. If lots 9 and 19 were combined in the calculation, this additional hardcover would only be .6%. Side Let Setback variance (color coded pink on all drawings): In order to insure one of the additional bedrooms was at least 8' wide (still very small) the second story addition h"d to be extended 2' to the south. This extension, as the drawings show, goes only halfway over an existing elevated walkway and roof overhang which is already in the 10' setback area. The existing elevated walkway is presently 6.6' from the side lot line. The new second story addition will be 8.6' from the si lot line. It is questionable whether a variance is needed but it's better to cover everything. N Orono City Council April 20, 1988 Y Page 2 Miscellaneous: Elmwood Avenue was not place, graded and surfaced where it is plated. The entire 1,099 square feet of hardcover on lot 19 is the surface of Elmwood Avenue and the dead end turnaround. Our current driveway into our garage is the plated Elmwood Avenue. Request submitted by: Richard J. Heit 1153 Elmwood Avenue Mound, MN 55364 Lots 8 and 19, 5karp and 7 rndquist's Fernhill Richar t - BeFe) 9�- rr ND VIEW AVENUE LaGAL tKaL7I Pt Io11 Lots a sad It. SILMIP AMD Lga0MI0T'a rO ILL, according to the reoorded plot tk+sreot, /smleryle County. Mlenemots. ARAN? Lot a 10.a1a sgsers feet Lot 1g • a./S# egssre feet Total 16,772 square rest Mouse 12S4 square test Gera" Sea square feet cock a Volk• $32 square test altumlnoss • a square feet Lot a altselnove ION square test Lot I1 Total laaa aquero toot `$ardcover Variancof, Lot 8 Onl Total Sq. Ft. 10,616 First 7',' (3,750) Remain 137' of lot 6,866 Present Hardcover 2,376 34.6e Proposed Addition 85 1.2% New Hardcover 2,461 35.8% Lots 8 and 9 Combined Currently, the house foundation is 10'6" from side lot line - however, the elevated' 16,772 walkway projects to within 6'6" of the (3,750) side lot line. 13,022 Proposed Change: 3,464 26.6% 85 .6% The second story addition would extend 2' 3,549 27.2% beyond the current foundation which would resul" in the second story being 8'6" from the lot line - however, the second story would be 3 ft. short of the existing roof line and, therefore, the house would not be any closer than it is today. 3'x 28.3' = 84.9' Additional Hardcover so 44.3 Ii N p [ID` House n, so Ism 1 acksn3 w'% 4 _...188.25 •.. _ I AIC O x 25. 6' Potential Setback Variance 1 .c ,II-T i- I � L f _-Vt,,.7 0 (h h ---k • • •' , •may-'M•::.:' r • .'�' ` + t _ �- •. .:•�•.1••r►�• '. .. � ;t I- is �: •��t•4 �' •�+ .:�r .! = :::�.: • �. •t..�_.tI1�1__.____.�Ir_�rr�-�rir�------•�: _--=�1L-11�[. - �`�."_71L�.' �' .• fl'I.LTi .;�.•s.+'"Si�.� -+� � 1 I �4...._.. ��F�-e47Cfx•aS-+_�s�! 1_i-`1 ' ` •. .• ter• •� •• +•• , ' �- . ���\.1 __ice �« ri..._. ._ _ J ?,4e G S Q ni 4 /v D CA J,, C ulee 0-w� z 4 i. /o'r/o' cry►uP���r ��/NG :t /DO r2 _. A SS = 397S /-", O c '-.4� �� _� �.c=OFCSet> 7S' L� �Aotta + 23s 8325 - �cisnN� peC4e_ 2g.3X8.0 - ZZG. -1-JAIFS y r I LI ' = 5 (0 /;DCItr�L;TI� 7 Xz8.� t I/3 -A/F"yN•C WPt-kuJA-y gxg2 = 328 H 60a,iE 2 q. 2 r 2 4. 2- ♦F E'T. ►)4 Li„/0-4S71G VAsW Sac /p y ?.01 GenUp0.*j4c'lc- lud7,, ' rb K y <.i "6r S"X 2.r� + = D� �✓ zap 3 t.,Zt C. rn1 E t I WOnu r. U.W. �41A. p, der l j y►14. /S NPT j.41fjMiNrb fr:CPtf" //t% -? 2 Sv it+�iF+ g32s 832 t L.S: T^."n! t .l e%VCie /'y� �'"rniC. p_Ot_t'/P! t,llt f'II�OPQi� ;n�G 07o (TVAOUM NU, P,�a W-ru.uLo►) 11 t(ir� - IP i � - r' ifs • v � Z W —� 24'• — � --•I!5 tit — L°r%_ � 7Q �� , r - — — 155. 23 MOS.... _ — T 155.60 PM+ � �.`- Neuee �' i r o o ee \ at l� C te� •� wr vp Ir. MC c -4 l,- 1 55 00 Nt _...155.17 Mass y� —1!Y\ �S _...188.25..._ ' «l _ —►__� �� s yD VIEW AVENUE f. , ,1!0 S9Uj w o,_ � x/ LEGAL DESCRIPTION, • Lot' B and 19, S1tAP AND LINDOUIST'." FERNNILL, according to the recorded plat thereof, Hennepin County, Minnesota, AREAS: Lot A 10,616 eQuars feet 1 Lot 19 . 6, 156 .gear. feet Total -6,772 square feet I 1 HARD SURFACE AREAS; f House 1254 square feet GENERAL NOTES -1 Garay. 586 equece fee: I ' Deck a Walks 572 er, are fern Den>t.a von slawlte•n Nopeeed lap of f—iahw 61-atiam • ( Bituminous a eq..— 1••••t Denote. a-. Ctvrled in cwwQve Proposed aarltlwl Jim, a la. • Lot a e9397 Denot.... 1 Bituminous i. ny .poi elerslgn Repeeed proge Il�pr elew.IM • � '098 .qua rn fe,•t 953� D ..I-- DrW..d W., eterotice — Lot 19 t--- D"w" d,,.I," BENCHMARK: Torsi I464 sq—e as' , pto!.-nt Dalh.d ca::wr I�nw rc, Solid ionic �, Irnr Mnot.r �ee�e ••I.It tNr re.. rM.et.trtte.tt arJ.l I• '^ re er N e ,nK• "+ erKt treewur GY r.. ..�, agi.w.e�«aster. AT.T..MW..frRn _T AWin OTTPURVORN _.. _ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. c) The proposed cantilevered addition will be located 8.6' from the side lot line with a 2' over hang, but will be no closer to that lot line than the existing covered walkway structure attached to the house, and will have no impact on the neighboring residence which is more than 50' away. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.24, Subdivision 5(B) to permit the construction of a second story addition to be located 8.6' from the side lot line with overhang located 6.5' from the side lot line, where a 10' side yard setback is normally required, and grants a variance to allow 44.5% hardcover in the 75-250' setback zone where only 25% hardcover is normally allowed, subject to the following conditions: 1. Hardcover on the property is allowed only as follows: 0'-75' Zone: (Area = 3,975 s.f.) Existing steppi-.g stones 20 s.f. Campfire ring/plastic un�,�-rlay 100 s.f. TOTAL ALLOWED 120 s.f. (3.0%) Page 2 of 5 f City of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5(B) - FILE #1272 WHEREAS, Richard J. Heit (hereinafter "the applicant") is owner of the property located at 1153 Elmwood Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 8 and 19, Skarp and Lindquists Fernhi l 1, according to the recorded plat thereof, Hennep=n County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.24, Subdivision 5(B) to permit the construction of a second story addition which will comprise additional structural hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone, and which will be located less than the required 10.0' " nm the side lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 01272. 2. The property is located in the LR 1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Cemmissior reviewed this application on May 16, 1988, and recommended approv Df the proposed vuricnces based upon the following findings: a) The percentage of hardcover in the 75-250' zone will not increase from its existing 44.5%. b) The proposed addition wi 1 1 have no impact on the views of the lake enjoyed by any neighboring property. Page 1 of 5 City ,f-f ORONO RESOLUTION OF TH' ',OUNC1L NO. 75-250' Zone: (Area = 8,325 s.f.) Existing house Existing deck Existing shed Rockbeds/plastic along west wall of house, with 3' cantilever above Covered walkwr+v with cantilever ;move portion Existing garage Retaining will:/plastic Gravel/plu-;cic next to walkway by garage P.-•rtion of p- operty in Elmwood right-of-way that is maintained by Applicant as his driveway TOTAL ALLOWED 1,254 s.f. 226 s.f. 56 s.f. 113 s.f. 328 s.f. 586 s.f. 200 s.f. 100 s.f. 840 s.f. 3,703 s.f. (44.5%) Applicant is hereby advised that no additijr 3cover will be approved for this property, and any futur# it to increase hardcover on the property would not be a;, but might be r_pprovel only in conjun.: --a with removal o: equivalent area of existir,_r hardcover, resulting in no net hardcover increase on the props. 2. Sepa_at '-itchen facilities shall not be constructed to make this a se, guest apartment without conditional use permit approval rity Council. The house and addition shal" continue tion is i single dwelling unit. ;. Authorities gr :, by this variance with the property .tot with the appl::, but are permissive only and must be exercised by applicd. For a building permit within one year of the d - of Counci 1 al . . oval, or this variance wi 11 expire on :hat ; '•jne 989). 4. r non-compliance with any of the terms and c variance shall constitute a violation of the �J automatically trirminate any authority granted Punishable as a rr.isdemeanor. • �+'c:zsiy.:i applican* • s rea ?, understood anO nereby ao .r.e terms r..f this res vr.ion and on behalf of himself, his hero,-iccessors and assigi,s, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. AdopL-" by the Orono City Council on this 13th day of June, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 4 of 5 To: From: Date: �3 (ING J UFJ 13 1:; _,,3 Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator May 31, 1988 Subject: #1285 Eric Paulson, 2605 Map1E - Public Hearing Resolution Eoninq District - LR-lB Total Area = 1+ acres dge Lane - Conditional Use Permit Pertinent Ordinances 1. Section 10.55, Subdivision 9 (B) Floodway district conditional uaes, t3 All permanent boat docks or other similar structures. 2. Section 10.55, Subdivision 11 Standards for floodway and flood fringe conditional uses A, B, and C. 3. Section 105.55, Subdivision 12 (C and D) - EnQ_;ne:rs review and other standards for the City's consideration. 4. Section 10.55, Subdivision 14 Suggested .:onditions attached to Conditional Use Permits. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Site Plan Exhibit E - Dock Detail Exhibit F - Survey Review of Application The applicant seeks a Conditionnl Use Permit for a permanent dock 40' in length to be constructed on the shoreline of Lafayette Bay. This is the first time staff has requested a Conditional Use Permit application for construction of a permanent dock. Section 10.55, Subdivision 9, B,-(3) has been part of the Municipal Code since January 11, 1979. In the past, staff has issued building permits subject to the appropriate DNR permit being issued. As a permanent dock is a permitted use with a Conditional Use Permit, there is no need to dicuss the question of hardships, although in earlier discussion with Mrs. Paulson she advised that the wage action is very severe along this portion of the shoreline. The shoreline has already been rip -rapped. Review Exhibits D and E. The structure meets all required side setbacks for 40' length dock. Dock sections 0-50' in lengt? Required side setback = 10' Proposed west side = 116' Proposed east side = 35' Per Exhibit E, no dock section established by the LMCD ordinances. exceeds the maximui:. -iwed 6' width Zoning File #1285 Page 2 of 2 In review of Section 10.55, Subdivision 11, Subdivision 12, Sections C and D, and Subdivision 13 staff can easily make the following findings: 1. The placement of this permanent dock will have no adverse effect on the capacity of the f loodway or increase the flood heights of the Lake Minnetonka Watershed. 2. The proposed dock as constructed does not propose a danger to life and adjacent properties. 3. The proposed structure certainly appears to be consistent with the intent of the Comprehensive Plan and Flood Plain Management Program for the area. Staff would suggest there are very few appropriate standards for the review of a permanent dock. It is interesting to note that the issue of navigation is not called out. The proposed dock will not inhibit navigation. If the Planning Commission has any other questions or standards they feel appropriate, please feel free to note them at the meeting. As with previous building permit applications for permanent docks, the City requires confirmation from the DNR that a permit application has been processed and approved. The City will not issue a building permit for the new dock until the DNR has completed their permit review. Please review Subdivision 14 that suggests certain conditions that may be attached to these Conditional Use Permits. If the Planning Commission can find an appropriate condition that would relate to the operation and placement of a permanent dock, please advise. Staff would suggest the following conditions for the approval of this Conditional Use Permit: 1. Prior to the City issuing a building permit for the permanent dock, the DNR permit must be finalized. 2. "he dock structure has been approved per the plans by Minnetonka Porti-ole Drudging entitled dock detail dated 5/5/88 sheet 1 of 1, any expansion or major alteration of this dock is subject to the review of the City of Orono. Additional Comments and Planning Commission Recommendation Planning Commission had no other comments concerning this review and recommended approval based on the staff recommendation noted abcve. The encolosed resolution has been drafted per the approval recommendation. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PSRM.TT PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 9B (3) FILE #1285 WH REAS, Eric Paulson (hereinafter "the applicant") is the owner of the property located at 2605 Mapleridge Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 7 and that part of Lot 8, SHORE HILLS, described as followe`ft Beginning at the point of intersection of the dividing lint' between Lots 7 and 8 in said SHORE HILLS with the shore of Lake Minnetonka; thence southerly along said dividing line to the Northerly line of Mapleridge Lane in said plat; thence northeasterly deflecting to the left 150 degrees 25 minutes from the last described course a distance of 109.8 feet; thence northerly deflecting to the left 29 degrees 00 minutes from last described course to the shore of Lake Minnetonka; thence northwesterly along said shore line to the point of begi,,ning, according to the recorded Flat thereof, and situate in Hennepin County, Minnesota. WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the installation of a permanent dock per Municipal Zoning Code Section 10.55, Subdivision 9B (3). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, VINDINGS 1. This application was reviewed as Zoning File f1285. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District, requiring a minimum of 140' of lot width, the property consists of 250 lineal feet of shoreline. 3. On June 6, 1988, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that: a. The placement of this permanent dock 40' in length will have no adverse effect on the capacity of the floodway or increase the flood height of the Lake Minnetonka Watershed. Page 1 of 4 to C. d. of th City of ORONO RESOLUTION OF THE CITY COUNCIL NO. proposed dock as constructed does not propose a danger the public welfare and safety nor to the adjacent properties. The proposed dock will not inhibit navigation. The proposed dock appears to be consistent with the intent the Comprehensive Plan and Flood Plain Management program for e area. 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 the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the installation of a permanent dock will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.55, Subdivision 9B, (3) to permit the -stallation of a permanent dock, subject to the following conditions: 1. Prior to the City issuing a building permit for the permanent dock, the DNR application must be completed and a permit issued. 2. The dock structure has been approved per the plans by Minnetonka Portable Dredging entitled "Dock Detail", Dated 5/1_)/88 Sheet 1 of 1, any expansion or major alteration of this dock is subject to the review of the City of Orono. 3. Authorities grante,' by this resolution run with the property and not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the spe-ial conditions of this resolution will expire on that date (June 13, 1989). 4. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority g:anted 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, Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June, 1988. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 3 of 4 P j CITY OF ORON GEN Lj(ND USE' .14"- OP --------------------------------------------------------------- PROPERTY LOCATION 55 33/ Site Address 2&05 MAPI-CKID� E L AIVE ()KOn/01 AAI�J / Property Identification Number (P.I.D.) -7 3 a1 600 5- ORONO Please check one - Property abstract or ✓ torrens?r."NAKIE "cc;CE (for Conditional Use Applications only) 13 (I�VO4001 A # Please attach legal description to application if not incl Tt 1C0.0al 0 on required survey. L67 I -S '7/4AT IPAieT of LOT 6/ GJ4o�g11 --'-'-----------------------------------.-----------i----�- � FT_^TlIM./�'-tUu APPLICANT Phone home i., c n i 20, t 9:42 Name rKle_- f AULSON Phone (work) 53S-833-� Address 26,0S AlAaE-KID46 /, ^jE city 0000A10 Zip ----------------------------------------------------------------------------- OWNER (if different *tan applicant) Phone (home) Name Address Phone City Zip Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Gradinq and filling - designated �,etland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant. fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning $100.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District `k ` / // Present Use of Property Ffi^1lt� Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: 601VS1Kt1CT fa 1oEoe114AV1W 7-'�K --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. 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. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. Plat Map. 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 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 APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review cif this application, and certifies that the information supplied is trueland correct to the best of his/her knowledge. Applicant's signature�4 Date C' X OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents commission , and Council members for purposes of investi,: motion and icati of this request. C, Owner's sigrLatvr Date ----------------------- ----- ------------•---------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. ADVANCE SURVEYING & ENGINEERING CO. "11 .cdv '.n.r Road M,nreapc1 04 ' ,i• ,:one ;f.i[j ',41 JS:O SURVEY FOR; ERIC PAULSON+ 99A111 ONE INCH EQUALS 20 FEET SURVEYED: February 10, 1988 DRAFTED: February 11, 1988. REVISED: February 16, 19d8 LEGAL DESCRIPTION: Lot 7 and that part of Lot 8, SHORE HILLS, described as follows: Beginning at the point of intersection of the dividing line between Lots 7 and 8 in said SHORE HILLS with the shore of Lake Minnetonka; thence southerly along said dividing line to the Northerly line of Mapleridge Lane in said plat; thence northeasterly deflecting to the left 150 degrees 25 minutes from the last described course a distance of 109.8 feet; thence northerly deflecting to the left 29 degrees 00 minutes from last described course to the shore of Lake Minnetonka; thence northwesterly along said shore line to the point of beginning, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. LEGAL DESCRIPTION SOURCE: We have surveyed the above descr,b••e. ;rcpert; anich the client claims to can or appears is ow•: iron: var+c;.s government records. We make ro representation that the client dsct V, fact own the prcperty n^r *h,a* ,► search of the records has bee,, r•ad1 to determine the extent a -ature of h•s hnld,r^,•, ;f them I- in, doubt concerning the accurac, c• the legal descrittion, cr-t:ete•,t lep'. counsel shjolj br re;d,*:cr. perform a title search and Issue a t•tie opinion for ot.r :.se ,', prt;i-i-!7 ;re survey, EASEMENTS: we show only those easements which the client informs ri ar :r wh.:h ,.e ra;,e, to :,,cc. r a..n.• ;f , other s::.r:es The survey does not pi-pert to show all easerert-� a•cd -no,ovenents. STANDARD SYMBOLS AND CONVENTIONS• ..o•. Denotes 112" 10 p,ce with plastic plug `tote . cerre ,-Icr rc!S sc,, ,, ••o" then denotes found iron monument. CERTIFICATION: I hereby certify that this survey was prepared by me or under my d,rect tLperv,s,on and ttiat 1 am a rluly Registered Land Surveyor under the laws of the State of Minnesota Samuel G. Parker R.L.9. No. 10535 t RUN DATE 05/10/88 BATCH 003 38 21-117-23 21 0004 PROP ADDR 02665 MAPLERIDGE U OWNER NAME C H SMOOT III A C A SMOOT TAXPAYER CHARLES P CECILIA St100T III NAME/AGOR 2665 MAPLE RIDGE LA EXCELSIOR MN SS331 38 21-117-23 21 0009 PROP ADDR 02610 MAPLERIDGE LA OWNER NAME ROBERT H PONZETTI TAXPAYER ROBERT H PONZETTI NAME/ADDR 2610 MAPLE RIDGE LANE EXCELSIOR MN 55331 38 21-117-23 22 0006 PROP ADDR 02496 OLD BEACH RD OWNER NAME 0 A SAKLAO A S M SAKLAD TAXPAYER DANIEL A SAKLAD NAME/ADDR 2496 OLD BEACH RD EXCELSIOR MN 55391 38 21-117-23 22 0009 PROP ADDR 02540 OLD BEACH RD OWNER NAME D M SCHNEIDER A M H LEAF TAXPAY-R D M SCHNEIDER A M H LEAF NAME. "DR 2540 OLD BEACH RD WAYZATA MN 55391 38 21-117-23 24 0050 PROP ADDR 02650 MAPLERIDGE LA OWNER NAME DONALD J CLARKIN ET AL TAXPAYER D J CLARKIA A K J KLEIN NAME/ADDR 2650 MAPLERIDGE LA EXCELSIOR MN 55331 PROP ADDR OWNER NAME TAXPAYER TOTAL BATCH NAME/AODR 003 00015 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 7 38 21-117-23 21 0005 33 21-117-23 21 0007 OC605 MAPLERIDGE LA (1:605 V[ST LAFAYETTE RD ERIC H PAULSON �?A,-')P' L BLANVEN511IP ERIC H PAULSON -,'nFc7n L 3LA1:YENISHIP 2605 MAPLE PIDGE LA 2605 W L.NFA`ETTE RD EXCELSIOR MN 55331 EXCELSIOR 55331 ~' 38 21-117-23 21 0010 38 21-117-23 22 0005 02607 WEST LAFAYETTE RD 02490 OLD BEACH RD ,. MARY HANNAH ROYETTA I MARCCTTE MRS JOHN 0 HANNAH DEBRA MAPTENS011 2607 W LAFAYETTE ROAD EXCELSIOR MH 55331 2490 OLD BEACH F3�: WAYZATA tN 55391 h �' 38 21-117-23 22 0007 38 21-117-23 22 0008 4 02510 OLD BEACH RD 02530 OLD LEACH RD KEITH G OLSON ETAL SCOTT S POWELL �C KEITH G OLSJN SCOTT S POWELL l 2510 OLD BLTCH ROAD 2530 OLD BEACH RD WAYZATA M:l 55391 WAYZATA MN 55391 38 21-117-23 23 0023 38 21-117-23 24 0049 02655 SHADYWOOD RD R R A P A ELLER DONALD A LYMAN RICHARD A PATRICE ELLER LYHAN LUMBER CO 2655 SHADY WOOD ROAD 337 WATER ST EXCELSIOR MH 55331 EXCELSIOR MN 55331 38 21-117-23 24 0051 38 21-117-23 24 0052 02660 MAPLERIDGE LA 02670 MAPLERIDGE LA PETER A CAMERON A WIFE P A A IITTL� TV PETER A NANCI CAMERON PPILIP V t AMntIBA S LITTLE 2660 MAPLE RIDGE LANE 2670 M:---E RIDGE LA EXCELSIO7 MN 55331 EXCELS!,* !TN 55331 i RUN DATE 05/10/88 HENNEPIN CCUNTY PROPERTY INFC..IATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 8 BATCH 003 I CERTIFY THAT THE FACTS REPRESENTED RE AN ACCUPATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE I BY �' `-••- c1l, ,Y,NNE IONK• BE . • 1• /Ci �� l i- ' W �- �� ^- .c Lc w p NEAE� O: l" t 3 , '' ♦ C -/ /tip i�''• ;�: � � t F' , lac' • 1 : 5 - ~ ' �•` % V b a tom" ar, 22 14 WOOD Part =Ck' :.. Ira► ..•, •- z .' tilt _ %.'/' (S�) :. T '• t 2 �` • �. , •-' i ��_ %: -�� --� it 1. �34)10 J co ; _1 1_ _ _a f.,r 16 \- �� s• 22 '• i',� • 'F PF ,S -5 of Lot 13 !' 21 .. •.. ~ .� 'ti410 J :•.c C A 2G ws ' .'O ;• • ', t'.y �- tom.• _u•:�-/:°•.. ; t SHORELINE NOHW 929.4 AM LAFAYF I I t BAY _70(LMCD 25) + \ / -SETBACK L"S V 'n- p 4■6 T i 2*6 T i i 6 / i LOT / Sc H O R E I I� 22 I % i Lo6 H I !_ L S TE PLAN PFRMAW \.i 7)O(K PLAN C-Ric PAULQJN BET WEEN POLES �--5.9" --- M TWATc: VOLE :ATM STAWKfA :ATEO C=CKIr9,; DECK I--6'---� —10. `�'JAkf RIP RAP iilfffJ:`! �11,.'N I lll(ll tllll , �GOil- '(blr/ 'IPHIII 111L11`,1! 111/l�tll�lLl'l� /l'l DOCK DE T4]LNORTH 0 z ° 5 10 1MNWO WA PORTARf w16r BILL tUWKI NKCUM 5W Vet L.shc Short EXCELSIOR, MINNESOTA 55331 474-OW - 472.X57 SHEET i `F A JUN 13 19",8 To: Mayor Grabek V r34 VA0 Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: June 8, 1988 Subject: #1287 James Brooks 3785 Watertown Road - Variance - Resolution Zoning District - RR-lA, Rural Residential, 5 acre Application - Request for side setback variance to construct room addition. List of Bzhibits Exhibit A - Notice of Planning Commission Action 6/8/88 Exhibit B - Memo and Exhibits of 5/27/88 Exhibit C - Proposed Resolution Discussion Please review the memo and exhibits of May 27, 1988. Applicant is requesting to construct a 4' by 11' living room extension to the rear of his house. The addition is centered on the rear of the house. Because the lot is only 110' in width, and the required setbacks of the RR-lA zone are 50' from either side, a variance is required. The proposed side setback variance is to the east and is a variance to allow the extension to be 38' from the side lot line. The existing house is about 14' from that side lot line. The house was constructed prior to the 5 acre standards. Planning Commission reviewed this application at their June 6 meeting, and recommended approval, finding the hardship being the narrowness of the lot. Planning Commission also found that there will be absolutely no effect on neighboring properties. Staff Recomendation Staff recommends approval per the Planning Commission recommendation. A proposed resolution is attached for Council review. ZONING FILE NO. 1287 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/8/88 --------------------------------------------------------------------------- TO: James F. Brooks 3785 Watertown Road Maple Plain, MN 55359 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variance --------------------------------------------------------------------------- DATE OF MEETING: 6/6/88 VOTE: 4 For 0 Against Planning Cos:aission recot nds the following: Approval as submitted. 1. Applicant's next scheduled meeting is confirmed as: City Council Monday, June 13, 1988; meeting starts at 7:00 p.m. 2. If you desire certified copies of the official Planning Commission minutes, they are available front the City Recorder after review and approval by the Planning Commission. To: Planning Commission Chairman Kelly Planning Commission Members City Administrator, Mark Bernhardson From: Michael P. Gaffron, Asst. Planning 6 Zoning Administrator Date: May 27, 1988 Subject: 11287 James Brooks - 3785 Watertown Road - variance - Public Hearing Zoning District: RR-lA - Rural Residential, 5 Acre Application: Request for side setback variance to construct room addition. List of Exhibits: Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey and Enlarged Survey Exhibit E - Construction Plans Pertinent Facts 1. Existing property is 2.96 acres in area and is 109.10' in width at the house. Applicant is requesting to do some interior remodeling which includes a 41xll' living room extension to the rear of the house. This room extension requires a variance because it encroaches approximately 12' into the required 50' side setback to the east. 2. Note that this house was constructed in 1955, when the property was zoned to allow single family residences on 1 acre lots and only a 10' side setback was required. The property was rezoned to require 5 acres and 50' side setbacks in 1975. 3. The proposed addition is within the extention of the side walls of the house and is to the rear of the house, hence it will have no impact whatsoever on the neighboring property to the east. 4. The proposed addition will not conflict with the septic system or the well. Discussion Applicant's hardship in this situation is that the house was constructed under less restrictive standards than now exist. The proposed addition extends an existing room in the house to make it larger. Staff Recommendation Staff recommends approval based on the hardship noted above. ,�ijdn I CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 a ($50.00 per each additional varia "'J' Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ----------------------------------------------------------- PROPERTT LOCATION Site Address 03$5 (1k)A'la'V II0C47 �iCt�l�_ �,CYw� S53j7 Property Identification Number (P.I.D. ) 3 1 I g • �23 ,3,� ��Z I Please check one - Property abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------- - -- --- - ------ ( i APPLICANT Phone (home) (i Name �, ,( � c S F, i�GG S Phone (work) C� O 5-0 Address: 3��5 �J � I��.til'� City: ( t�F�N Zip: -5 � S J OWNER (if different than applicant) Phone (home) Name Phone (work) t I T )' L-1 t" ONO Address. _ City Zip: crli,,+,rr rrrrOr L i Date Property Acqui r �d . e2 1 �' ( month ` r' i /y: y r m rc, aT_ , uni+► Y'rdf I (do)Cdjo not)ialso own the adjacent parcels of land. #t�ya9' L:�'J { ------------ USE OF PROPERTY Present Zoning District�� Present Use of Property Residential Other (specify) -------------------------------------- ------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: _E :-�� l"ax c"��+ -<• 7 ---------------------------- ----------------------------------------------- VARIANCES REQUIRED 1 Lot Area Lot Width Hardcover Setback Variances ( Front �_ Side tear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning requla ions: --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Nok.1!1,r, I c j' --------------------------------------------------------------------------- RRQUIRED SUBMITTALS �1. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including *aard*K)-v" calculat.,ans as required. --5�� Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). "7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature //Gv»u''�i�� ":'�� Date "/5 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature f4j,l.Date --------------------- �-�-------------- ------------------; a ------------ Applicant must have all submittals it . h,-: City offices 25 days before the Planning Commission Meeting. Planning mission Meetings are held on the third Monday of each month. Applicants .,lust be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to atten(' a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 44 • s RUN DATE 05/06/88 BATCH 010 38 05-117-23 21 0002 PROP ADDR OWNER 14AME JGtiN BURGER ETAL TAXPAYER. JOHN BUGGER NAME/ADDR 3750 BAYSIDE RD LONG LAKE MN 55356 �^ 38 32-118-23 33 0002 PROP ADDR 03785 WATERTOWN RD 01.;4ER NAME JAMES F BROOKS TAXPAYER JAMES F BROOKS NAME/ADDR 3785 WATERTMN ROAD MAPLE PLAIN MN 55359 r HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 22 0009 03830 BAYSIDE RD BETTY MINER ET AL RICHARD F A KATHLEEN A KYLE 3860 BAYSIDE RD LONG LAKE MH 55356 38 32-118-23 34 0010 03765 WATERTOWN RD GERDA L KENNEDY LARRY L COOK 3765 WATERTOWN RD MAPLE PLAIN MN 55359 REPORT NO. PI435401 PAGE 26 38 32-118-23 31 0004 03760 WATERTOWN NO CATHARINE A CRAM CATHERINE A CRAM 3760 WATERTOWN RD MAPLE PLAIN MN 55359 TOTAL BATCH 010 00005 r-, 7 L:�Sl I CERTIFY THAT 711E FACTS REPRESENTED ARE AN ACCURATE AND TRUE Rr.FRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROP, TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF.. ���Jy/ DATE JI` Uv BY L'►(�� 4�2:2 rA ^flt. A'r 0 Certificate of Survey for James F. Brooks in the SIVA of the SW'A of Section 32-118-23 Hennepin County, Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of That part of the Southwest quarter of the Southwest quarter of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at the -Southeast corner of said Southwest quarter of the Southwest quarter; thence north along the East line of said Southwest quarter of the Southwest quarter a dis- tance of 1197.83 feet co the centerline of Watertown Road (for- ml-,rly County Road 45); thence northwesterly along said center- line of Watertown P,cad a distance of 118.8 feet; thence south and parallel to the East line of said Southwest quarter of the Southwest quarter a distance of 1242.93 feet more or less to the South line of said Section 32; thence east along the South line of said Section 32, a distance of 109.1 feet to the point of beginning, and the location of an existing house thereon. It does not purport to show any other improvements or encroach- ments. COFFIN & GRONBERG, INC. ron erg Fin. Lit. No.12755 Engineers, Land Surveyors, Planners Long Lake, Minnesota Date : 5-12-88 Scale: 1" = 100' o : Iron marker - 109. 5E corner 01C+ht 50+ '*/ '•.e1 fist S�.J VM of 5<cf.'M 1 •�~. "t .r �, r•►1 11 •�4,' O., t41i!''y' �t;FG`t+f ,.Z' ,fir• S't••i.r .�'�...�/"'� 6x,j wiN -wyN� - �.w.. - .A.!:.rc �•iSi wQtjy4i,F1([.'�..• r;..{r o. .- ♦..i�M red!�r;.��['.��.�+:�ti+'7�Q='�""�-'.•, „(':' ,�M.s%��:'� vp he -IV 9 1 iv I I City of ORONO RESOLUTiON OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VART' ICE TO MUNICIPAL aONING CODE SECTION 10.27, SUBDIVISION 5 (B) FILE #1287 WHEREAS, James F. Brooks (hereinafter "the applicant") is the owner of the property located at 3785 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A (attacned); (hereinafter "the property"): and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a room extension to the existing residence, which will be located 38' from the side lot line where a side yard setback of 50' is normally required. W nnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. '!his application was reviewed as Zoning File #1287. 2. The property is located in the RR-lA Single Family Rural Residential Zoning Dis-Lrict. 3. The Orono Planning Commission reviewed this application on June 6, 1988, and recommended ap,-,roval of the proposed variance based upon the following findings: A) The existing lot is only 110' in width. The 50' side setback requirements of the RR-lA zoning district would leave only a 10' wide building envelope for this property. The existing house was constructed prior to the adoption of the 50' side setback requirements. The existing house extends to within 14' of the side lot line. B) The proposed room expansion of 4' by 11' will be located 38' From the side lot line. The proposed addition is centered on the rear of the house, and will have no impact on neighboring properties. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a 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 10.27, Subdivision 5 (B) to permit the construction of a 4' by 11' room extension located 38' from the east side lot line where a 50' side yard setback is normally required, subject to the following conditions: 1. Authorities granted 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 (June 13, 1989). 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned 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 recordincT of this I resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 2 of 3 • y JUN To: Mayor Grabek Orono Council Members City Administrator Bernhardson Prow: Jeanne A. Mabusth, Building & Zoning Administrator Dater June 9, 1988 Subject: #1294 Thomas J. Bernier, Douglas E. Klint and Gary A. Barr - Final Subdivision - Resolution The long and drawn out title problems for Mr. Klint have finally been resolved. At last report, the missing mylars are in New York for final signature and should be delivered to the City c`_fices by Thursday, June 9, 1988. For those members who were a bit confused, Mr. Klint's reference to a request to extend a filing deadline was no longer pertinent. Staff had already advised Mr. Klint that a new application for final subdivision was required, since the original final approval expired on June 8, 1987, review Exhibit F. As staff's letter notes, (Exhibit D) all required submittals have been received, except for the mylars. The illegal land alterations that have taken place on the Bernier and Klint properties have been taken care of and need not be addressed by the City in this final subdivision approval. For new members to the Council, those illegal land alteration activities involved the construction of timbered stairs that did not meet the 4' standard on Mr. Bernier's property and on Mr. Klint's the 0-75' ground cover area had been disturbed in a small area of his lakeshore where trucks receiving spoils from a dredging project had exposed and ripped up the ground cover. In December of 1986, staff had scheduled the plat for final approval because the applicant assured the City that they would provide the mylars and Mr. Klint would be able to provide his title opinion. Unfortunately, Mr. Klint's rroperty had more title entanglements than was previously : thought. The mylars were never received within the 6 month period of time allowed for the filing of a plat and Mr. Klint was required to file a new final subdivision application. Staff recommends approval of the plat of Casco Cove, based on the findings and conditions setforth in the enclosed staff resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF CASCO COVE, FILES NO. 1083 AND NO. 1294 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Thomas J. Bernier, Douglas E. Klint and Gary A. Barr, the subdividers; and WHEREAS, the subdivision has been found to meet all standards of the LR-lC zoning district finding that each lot is of a size and configuration that will allow its continued use as a single family residential lot without the need of any variances, and WHEREAS, the subdividers have completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2084. 2. Dedication on the plat of drainage and utility easements. 3. Payment to the City for the legal review and filing of the plat in the amount of $150.00. 4. Payment to the City of the final plat application fee of $150.00. NOW, THEREFORE, BE IT RESOLVED, that the City Coanci 1 of the City of Orono hereby approves the plat of Casco Cove, Hennepin County, Minnesota, subject to the following conditions: 1. The owners of Lots 1 and 2, Block 1 Casco Cove must obtain building permits for residential docks to be installed at their respective shorelines. The owners of Lots 2 and 3, Block 1 Casco Cove may install residential docks as soon as the plat, Casco Cove, is filed by the City of Orono. 2. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Title's Office on or before December 13, 1988 together with a certified original copy of this Resolution. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. The approval granted by this Resolution shall expire if the plat has not been f i led by the date specif ied above. In that event, it wi 11 be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of the City of Orono on this 13th day of June 1988. ATTESTS Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 2 of 2 Vq ✓IN.fle%IJr JMe I �, �j' UI.'IIISX (r Nab �! ro•nr. �'1 iA0 r (.r •Ii •7 �I ,I.! • ,� d� ' O w •\ w y •e..rs, ,. I 4�,�• �i • -�'� •ICI ,' � .. '` � \\ 51 �r�ry/r:wer .. a O •r• t . •e1 � \ 2 \Y to b S.•:.Iy J•Ie r ♦ a. b .� It r- i u ! MseJ�e:!e.l wlfere/ ;,/ r SA op r�ri "I � `` i�siLo ••' � l!��� h JrrtSr�tti�,� . 4. J ��II � y .!O � r � ♦ \ ) �s h / O � :� %%i i.�� va,,, 'ate / Y [ sn.•c 1 / • as �� / `' 'VI •' \ � 1, r N ��•� I 4 \ O 11 • I r �laaMy / } � / d Edell l' / •/4 i� -4 zg.� rYr ✓ � + ♦♦ hme fir / X � w�%•IV�wf!/ 1'•1no9e i aJ•'JreOsagaeA �'A •' �e•.ewlof t \ aAlrn fhbf + ! i \, ♦,' `�J &•n9 [oo.11r •n r•o/q ✓owes oµernvc / r .r1 •^d•cv�sa Iwj oa/«n•nq [d'•w.s,a^/bi•y 000/e"'. ,JA4[naoJ4om.rJ,/••, l•,r. r L'' •\ • �F- wile" A/M, —So rns,de•Ia ^.• Me /.; � •i� �� �S•T f n » .pp 99 • 1 4°� o Scole in feet V. +A °Denotes iron monument `. Bearings shown are assumed )FFIN 9 GRONBERG, INC. Fngrnlers, Lnnd Surveyors, Planners CITY OF ORONO - SUBDIVISION APPLICATION ------------------------------------------------------ PROPERTY LOCATION Site Address 3S u� C� ri,'/n��'�I�LI- �Fr1C� i 0.jV&'.0 V V n Property Identification Number (P.I.D. ) ::10 - / r 7 -.23 - C-/.1 - Da>S- Ar'A")ir4W(o rk Please check one - Property abstract or �� torrens? ��p r, ,, -„I u MJe-VVV L-i%vi rivl i i :iJ Attach legal description to application.--TYA,i V, RL Sr 1 y& n ,r,o vt \•J• V . Vl - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - - APPLICANT 1 /I l Phone (home) L/ Name l� , uc i�S E A n+ Phone (work) 1-190 Address: ry 1 )�u City: dtarro Zip: SsJ9/ OWNER (if different than applicant) Phone (home) _ Name 'EA me Phone (work) Address: (attach list if more than one) --------------------------------------- EXISTING LAND USE Number of Tax Parcels -n✓o Development Size Present Use (check) }, City: Zip: Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) Present Zoning District A —) --------------------------------------------------------------------------- PROPOSAL Division for Tax Purposes _Y, Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: 3 Existing Units p New Units 3 To+ -al Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) / Units per -?/3 Acres 2, c Sq Feet Dry Buildable Land Y Residential Other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 4. Stamped, legal sized envelopes (#10') pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature -------------------------------------------------- 1. Payment of fees (park fees, filing fee, sewer 2. Signed certificate of survey or mylar copies 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Date ------------------------- and water assessments). of formal plat. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature Date ------------------------------------ -------------------------------------- FEES Sketch Plan Review (Class I, II & III) $150.00 Preliminary Review (Class I & II Subdivision) 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) 150.00* *(Plus any legal or engineering charges) ------------------------------------------------------------------ The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Ergineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. s/7 IFk Applicant's Signature mate Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each ►nonth. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. DOUGLAS E. KLINT 3545 Ivy Place Wayzata, Minnesota 55391 May 9, 1988 City Council City of Orono Orono, Minnesota Dear Mayor and Council Members: In December 1986, the City Council approved the Plat of Casco Cove which involved the splitting of RLS Tract V among myself and my neighbors, Mr. & Mrs. Tom Bernier and Gary Barr. We proceeded with the preparations of the mylars for the final Plat and submitted them for signature to my mortgage company, which has a first mortgage of record over all of Tract V, and they refused to sign the Plat since it would involve releasing their mortgage on Tract V for the portions going to the Berniers and Barr. Consequently, we could not finish the Plat until my mortgage was paid off. I have since sold my house and the mortgage will be paid off at closing, scheduled for the last week in May 1988. Under these circumstances, my mortgage company will sign the Plat and wq car now proceed to finalize the subdivision. However, in the resolution approving the Fiat of Casco Cove, a time limitation of June 8, 1987 was placed on the filing of the Plat. respectfully request the City Council to extend the filing date to July 1, 1988 in order to finalize this subdivision. Thank you very much for your consideration in this matter. Vwy truty, yours, V Douglas E. Klint DEK/jlk I. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2084 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT OF A LOT LINE REARRANGEMENT KNOWN AS CASCO COVE FILE NO. 1083 WHEREAS, Thomas J. Bernier, Douglas E. Klint and Gary A. Barr (hereinafter "applicants") on September 23, 1986 filed a renewal subdivision application with the City of Orono (hereinafter "City") for approval of a lot line rearrangement of properties legally described as follows: Tract V, Registered Land Survey No. 461; Lots 160, 161, 162 Winships Subdivision of Spring Park Lots; Lot 184 and part of Lot 185 Spring Park; Lot 1, Block 1, Ivy Estates and part of vacated Maple Avenue, (hereinafter "properties); and WHEREAS, after due published and mailed notiLj in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on October 20, 1986 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on November 24, 1986, the Orono City Council considered the renewal subdivision application of the applicants noting the following findings: 1. The property is located within the LR-lC Lakeshore Residential Zoning District requiring a minimum of 1/2 acre of land within each lot. 2. The properties contain a total of 2.7 acres. 3. The proposed lot line rearrangement finds all newly proposed lots satisfy the standards of the LR-lC Zoning District. 4. The subdivision proposes 3 riparian lots; each lot contains 100+ lineal feet of shoreline. All docks shall be subject to the current standards of the L.M.C.D. ordinances. 5. The proposed subdivision will not require the creation of new curb cuts. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2084 NOW, THEREFORE, BE IT RESOLVED that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of a lot line rearrangement per drawings by Mark S. Gronberg dated 12/19/84 subject to the following conditions: 1. Thomas J. Bernier, owner of Lot 2, shall execute a Developer's Agreement and post a letter of credit to assure that illegal access stairs on Lot 2 Casco Cove are altered to meet approved standards of City for lake access stairs by April 30, 1987. In addition, the City will ask that Thomas J. Bernier execute a Hold Harmless Agreement to assure that if municipal utility lines sustain any damage as a result of the lakeshore land alteration on Lot 2 that Bernier will assume complete financial responsibility for repair of lines. 2. Douglas E. Klint, owner of Lot 1, shall execute a Developer's Agreement and post a letter of credit to assure that disturbed lakeshore yard within Lot 1 and adjacent neighbor's yard are graded and ground cover restored and damaged trees trimmed by April 30, 1987. 3. Thomas J. Bernier and Gary A. Barr shall not re -install docks on Lots 2 and 3 until final plat is approved by the City of Orono. Bernier must obtain a building permit for installation of dock on Lot 2. The following list of directives must be fulfilled and requested submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second or fourth Monday of the month: A) Record Plat Drawings in the form of two (2) mylar copies, (three (3) mylars if torrens property) and one (1) additional copy reduced to 1"=200'. Drawing to include: 1. Lot lines platted per preliminary survey per drawing by Mark S. Gronberg dated 12/19/84, 2. Shoreline of Lake Minnetonka. 3. Dedication of "Utility Easements" 20 feet wide over municipal sewer and water lines as shown on that same survey dated 12/19/84. Page 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2084 4. Dedication of "Drainage & Utility Easements" 10 feet wide along all perimeter property lines and 5 feet each side of internal property lines, except omit at lakeshore. 5. Dedication of "Drainage Easement" 10 feet wide along shared lot line of Lots 2 and 3 as shown on staff sketch attached herewithin. B) Legal Documents Required: 1. Title Opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. C) Fees to be Paid: TOTAL DUE $150.00 1. Legal review and filing fees per current schedule at $150.00. Adopted by the City Council of the City of Orono on this 24th day of November, 1986. ATTEST: rothy M. llin, City Clerk Mary C. Butler? Mal.•or , \1 v Page 3 of 3 �, y X CITY of ORONO Yost Office Bo: 66•Crystal Bay, Minnesota 55323•Municipal Office@ On the North Shore of Lake Minnetonka May 25, 1988 Doug Rlint 3545 Ivy Place Wayzata, MN 55391 Re: Final Plat Application #1294, Review by Council Dear Doug: Per our telephone conversation of May 25, 1988, I have confirmed that all of your required submittals have been rece ved except for the plat mylars. You have advised that the mylars have been sent to New York for additional signatures. I have advised that in order to meet the June 13, 1988 deadline for the Council meeting that the mylars must be submitted to this office no later than 3:00 p.m. Thursday, June 9, 1988. Please contact my office if you have any additional questions concerning the matters discussed above. Sincerely, 0(0 VWL4L (I. (,"'j k. (,(- /1) ,Jeanne A. Mabusth Building & 'Zoning Administrator cc Thomas Bernier Gary Barr BUILDING & ZONING - 473.7357 • ADMINISTRATION & FINANCE - 473.7358 • PUBLIC WORKS -- 473-7359 ASSESSING Thomas Bernier 8886 Pine Blutf Court Eden Prairie, MN 55344 Gary Barr 3034 Casco Point Road Wayzata, MN 55391 CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Office• On the North Shore of Lake Minnetonka January 4, 1988 Douglas Klint 3545 Ivy Place Wayzata, MN 55391 Re: Application #1083, Subdivision of a Lot Line Rearrangement Dear Gentlemen: The above referenced subdivision application has never been finalized by the City of Orono because you have failed to meet each new deadline established for filing the required submittals. The owners of the properties located at 3034 Casco Point Road, and 3545 Ivy Place are hereby advised that docks cannot be installed along the shoreline of the property currently owned by Douglas Klint until the lot line rearrangement is approved by the City. The City will be forced to issue citation tags to all parties involved if docks are found installed on the subject property prior to final approval of the subdivision. Please contact my office i-' you have any questions regarding the above request. Sincerely, } eanne A. Mabusth, Building & Zoning Administrator JAM/tln BUILDING& ZONING - 473.7357 • ADMINISTRATION & FINANCE - 473-7359 • PUBLIC WORKS - 473-7359 ASSESSING ty City Of ORONO • ,r��; RESOLUTION OF THE CITY COUNCIL NO. �1C A RESOLUTION APPROVING THE PLAT OF CASCO COVE FILE NO. 1083 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Thomas J. Bernier, Douglas E. Klint acid Gary A. Barr, the subdividers; and WHEREAS, the subdivision has been found to meet all standards of the LR-lC zoning district f i nding that each lot is of a size and configuration that will allow its continued use as a single family residential lot without the need of any variances, and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2084. 2. Dedication on the plat of drainage and utility easements. 3. Execution of a Developer's Agreements by Thomas J. Bernier and Douglas E. Klint providing for installation of certain improvements as a condition of subdivision approval. In addition, Bernier and Klint have provided letters of credit to secure completion of these improvements. 4. Payment to the City for the legal review and filing of the plat in the amount of $150.00. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Casco Cove, Hennepin County, Minnesota, subject to the following conditions: 1. Applicants are required to obtain building permits for new docks to be installed at some future date. 2. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Title's on or before June 8, 1987, together with a certified original copy of this Resolution. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2100 The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of the City of Orono on this 8th day of December, 1986. ATTEST: i zDotothy M allin, City Clerk Mary C. Bt%ler, Mayor qK NQi- Page 2 of 2 33188.6 , 11 ia, y �;� ,. TO: Mayor and City Council JUN 13 19 "$ FROM: Mark Bernhardson, City Administratovp °.; -- - Y Ulf CROW DATE: May 25, 1988 SUBJECT: Zoning Ordinance Amendment - Sign 'Jrdinance Attachment: A. Zoning Ordinance Chapter '9.61 B. Proposed Draft Language ISSUE - Determination as to whether t juncil wants to refer e thdraft language in Attachment B to the Planning Commission for consideration and changes in the sign ordinance. INTRODU_CTIO_N - A review of the zoning ordinance, as it relates to signs, has shown it has a number of weaknesses. Two of these weaknesses recently of concern are the types of signs that are allowed in residential areas together with the length of temporary signs. While there is a 90 day permit )app1ican ts can continue to have 90 day permits without any limit as to how often a permit can be renewed. DISCUSSION_ - As a result of the issues raised in the zoning ordinance iter the following draft language has been prepared to address -ie two issues above plus other related issues in the zoning chapter at this point. It is recommended that the samples attached also be reviewed in the context of this draft language to see if there are other issues that Planning Commission would like to consider in amending the sign ordinance. ALTERNATIVES - 1. Refer to the Planning Commission. 2. Amend and refer. 3. Table. 4. Take no action. R_E_C_O_M_MEND_AT_ION - It is recommended tha'_ this be referred to the Planning Commission for them to undertake the necessary ordinance amendments applicable to signs for their review and recommendation. PROPOSED MOTION - Moved by _, seconded by __, that Attachment B be referred to the Planning Commission for their review and recommendation. Ayes , Nays § 10.61 ( A. On Right -of -Way. Private signs are prohibited within the public right-of-way or easements except that the Council may grant a conditional use permit to locate signs and decorations on or within the right-of-way under their jurisdiction for a specified time not to exceed ninety days. B. Flashing. Illuminated flashing signs shall not be permitted in any district. C. Beams. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays of light shall not be permitted in any district. D. Sales Signs. For purpose of selling, renting or leasing property, a sign not in excess of ten square feet per surface may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than fifteen feet from the right-of-way line unless flat against the structure. Fer the purpose of selling or promoting a residential project of six or more dwelling units, one .sign not to exceed 48 square feet; a commercial area of three acres or more, or an industrial acrea of ten acres or more, one sign not to exceed 96 feet of advertising surface may be erected upon the project site. Such sign shall not remain after 90% of the project is developed. E. Existing 7igns. Signs existing on September 14, 1967 which do not conform to the regulations are a non -conforming use. F. Traffic Interference. No sign may be erected that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic signor signal. G. Building Wall Signs. Signs shall not be painted directly on the outside wall of a building. Signs shall not be painted on a fence, rocks or similar structure or feature in any district. Paper and similar signs shall not be attached directly to a building wall by an adhesive or similar means. Signs shall be considered as a structure or fastened tj another structure. H. Temporary Signs. There shall be no more than one temporary (three months or less) sign in any required yard area, and there shall be no more than three such signs on any lot, and the total area of such signs shall not exceed 25 square feet. I. Election Signs. Election signs are permitted on private property in any district provided such signs are removed within thirty days following the election as related to the signs. No election sign shall be permitted in any "R" District sooner than two months preceding the election relating to the sign. ORONO CC 380 (4-1-84) AN ORDINANCE AMENDING SECTION NO. 10.61 ADOPTED APRIL 1, 1984, AND ENTITLED 'SPECIAL PROVISIONS' The City Council of the City of Orono ordains: Section 10.61 adopted April 1, 1984 and entitled "Special Provisions" is amended to read: Subd. 1. A. On Right -of -Way. Private signs are prohibited within the public right-of-way or easements except that the Council may grant a conditional use permit to locate signs and decorations on or within the right-of-way under their jurisdiction for a specified time not to exceed ninety days. No conditional use permit for such a sign shall be issued by the Council if a conditional use permit or temporary sign permit had been issued in the previous ?4 months to that property. H. Temporary Signs. There shall be no more than one temporary (three months or less) sign in any required yard area, and there shall be no more than three such signs on any lot, and the total area of such signs shall not exceed 25 square feet. Such signs require a temporary sign permit from the City. No such permit shall be issued by the City if a conditional use permit under Sub -paragraph A of this Subdivision or a temporary sign permit under this sub -paragraph had been issued in the previous 24 months to that property. No such signs shall be allowed in residential zones. This ordinance becomes effective from and after its passage and publication on , 1988. ------------------------------------ James R.Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk b7d8.5 TO Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: June 7, 1988 SUBJECT: Bohns Point - Request for Feasibility Study Attachments: A. Petition from Bohns Point Neighbors Received 6/7 /88 B. Map of Area/Designating Signee's Property C. Proposed Resolution Ordering Preparation of Report ISSUE - 1. Determine if the Council desires to undertake a feasibility study based on the attached petition. 2. Determine what interest the Council has, if any, on the public takeover of Bohns Point Circle, which is currently privately owned but publically maintained. INTRODUCTION - The City is in receipt of Attachment A, petition regarding an upgrade to Bohns Point Road. Part of the improvement would be to expand the current width of 20 feet to an expanded width of 22 feet. As noted the Circle is presently privately owned but publically maintained with the City having easements for sewer and water around the circle. DISCUSSION - 1. Feasibility - As indicated by the City Engine.,c it is estimated_that the feasibility study for widening the project and the necessary overlay will cost about $1,000 together with an additional $1,000 to do the soil borings. The number of owners abutting is 21 representing 51% of the street frontage. 2. Public Takeover - Should the City choose to do any public work on the Circle portion of the road the City would by necessity have to take it over. ALTERNATIVES Issue 1. Feasibility A. Undertake B. Amend the scope and undertake C. Table 1 D. Choose not to undertake i Issue 2. Public Takeover A. Consider the takeover B. Indicate the City has no desire in the takeover C. Table RECOMMEN_DATI_ON - It is recommended that the City undertake the study of the total project, both the public and private portion in order to determine the cost of the project and get better information to both the City and the residents as to the cost of the upgrade. It is recommended that the City defer its decision regarding the takeover of the private portion until such time as the costs are known regarding that. It is additionally recommended that the City enter into an agreement that the abutting residents to pay for half the costs of the feasibility study should the City decide not to go ahead the entire project. PROPOSED MOTION - Moved by _ , seconded by , that the Council direct the City Engineer to undertake the necessary feasibility study for Bohns Point Road and Circle regarding an upgrade to bituminous overlay and curbing together with expanded width. Ayes __, Nays cc: Judson Dayton, 1655 Bohns Point Road 2 J � 1 Managerrbm corporauc pjC , �f� n"R 3M Piper JaNruy Tows Mmneapoils. Minnesota 54( d dark J. W11101" c' � President PETITION ( AffilawCq" D, representing more than 35% of the owners of property located on tsonn's Point Road, in the City of Orono, do hereby request that the City of Orono perform a feasibility study to determine the feasibility and cost of wizening Bohn's Point Road to 22 feet, the circle at the end thereof to 20 feet, and repaving the same with a bituminous overlay. We further request that the study examine the feasibility and costs of various curb installations, particularly a tar curb. i N NamW Address �- / ) AS Date N ain e Address Date �me Address AL411k Date ej Name Address Date Name le�15-26,qAIS Address "4-Lt- Date Name f -&6 s T Address % _ Da a ---., ;.- , - , JUN - 7 19j8 Name ,� n Address Date i. I.. . le- . Address Date [Vd� § , On. . �s�L 6AA)S Address Date Name G' Address Date Name 164P00 �jo Address to - t;�-- &Yk Date ISy Uy�.t-r 1p✓ Address Date Name Address Date Name Address Date ► At 7- 0 BAY) MJNNET 0 NKA VAY) RYJtA� ,43 09RUM RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT BE IT RESOLVED BY THE CITY COUNCIL OF Orono, Minnesota: 1. A certain petition requesting the improvement of Bohns Point Road and Bohns Point Circle, filed with the council on June 13, 1988, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Glenn Cook, City Engineer, and he is instructed to report to the council with all convenient speed advising the c-)uncil in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some othor improvement, and the estimated cost of the improvement as recommended. Adopted by the council this 13th day of June, 1988. ------------------------------------ Edward J. Callahan, Acting Mayor ATTEST: Dorothy M. Hallin, City Clerk 6788.1 // TO: Mayor and City Council FROM: Mark Bernhardson, City Ad;;.i ni strat*j (ING JUG! 13 DATE: June 7, 1983 SUBJECT: Councilmember Selection Process Attachment: A. Draft Letter to Applicants B. Request for Applicants Notice - Newspaper ISSUE - 1. Receipt of information r.-jardin3 the application process for Councilmember selection. 2. Concurrence of Council with draft letter to be sent to applicants in advance of the July llth interview. INTRODUCTION - At the Council's May 23, 1988 meeting Council received the resignation of Bill Sime to be effective July 1, 1988 and declared the position to be vacant following the effective date of the resignation and directing staff to undertake the process for replacement. The Council established July 11, 1988 as an interview date for the applicants. DISCUSSION - The City has submitted Attachment B to the newspapers for publication and have set 1 July as the application date for the position. It is the intent that for all applicants the draft l,:cter will be sent so that they may prepare, in advance, their response to those questions so the Council has a better idea as to their interest, background and outlook on significant items coming in front of the Council. To date the City has received resumes from Mr. Charles Kelley and Mr. John Hollander indicating their interest in the position. ALTERNATIVES - 1. Acce ta_nc_e_ o_f Information A. Accept S. Request additional information an! 'or action C. Table 2. Council Concurrence A. Concur with letter B. Amend and concur C. Table PROPOSED MOTION - Moved by , seccn�le,l by , that the Orono City Council acknowledge tho in[ r--•;irdintj the --election process and that the Council crnc:ur ,.•ith lily:• (ir-!I-t I-tter to be sent to all applicants in -1' Lh-- inr+ z i,.,, )n ,July 11. 1988. Ayes _, Nays 5 318 8. 1 L, n rt l u I T- f4 Re: Interview for City Council Member Dear (Applicant), As an individual who had expressed interest in the vacancy on the City Council created by the resignation of William Sime, I would like to invite you to the Council's Monday, July 11, 1988 meeting to be interviewed. The interview will consist of any introductory comments you may desire to make regarding yourself and your background in the position together with responses to the following questions. 1. What interests you in serving as a member of the Orono City Council? 2. What attributes do you possess that would be of benefit_ to the City of Orono as a Courcilmember? 3. Attached is a copy of the Council's 1987-88 Goal Setting plus the City Administrator's 1983-89 Goal Setting. Please respond as to your thinking on the following items: - Highway 12 corridor development - Redevelopment in the Navarre area - Facilities needs - Cooperation with other municipalities - Long term organizational planning - Council/Planning Commission responsibilities and relationship - Long term street and transportation planning - Solid waste mananement 4. What areas do you are important for the Council to focus on for the rest of 1988 and for 1099. Due to the resignation, Sime's position which was a 4 year term starting in Januar; 0)87 will be up for election this Novenber. The appointee will fill the vacancy from date of appointment through the end of 1988. The individual appointed can file for election for an omen position between Aucjust 30, 1988 and September 13, 1988. In addition to the election for the remaining two year term, the two four year po.c ition;; plus the two 1 year Mayoral term will be on the November ballot. Look forward to seeing you at about 8:30 P.,.., Monday, July 11, 1988. Sincerely, James R. Grab A Mayor ticHiS17- r.5 6988.2 ORONO COUNCIL VACANCY ANNOUNCED With the resignation of William Sime a vacancy will be created on the Orono City Council effective July 1, 1988. This position will be filled by appointment of the Council. All persons interested in applying for this position should submit a letter of intent together with a re� to the Council by July 1, 1988. This appointment term will :ire December 31, 1988. Anyone interested in this position or any other Council seat will teed to file for the position for the term starting January 1, 1989. Should you have any questions please call Mark Bernhardson at 473-7358. 6788.3 TO: Mayor and City Council FROM: Mark Bernhardson, City DATE: June 7, 1988 SUBJECT: Solicitor's Ordinance Administrato �,-P ONG JUN 13 19Z'-3 Attachment: A. Paul Larson Letter Dated 5/3/88 B. Solicitor's Ordinance Memo Dated 4/15/88 C. Council Minutes Dated 4/25/88 ISSUE - Determine if the Council desires to amend the solicitor's oidinance as it relates to requiring to place solicitation on commercially zoned land. IN,PRODUCTION - At the Counci l's April 25, 1958 Council meeting they adopted the ordinance amendment which required that all peddlers have a license and that licenses can only be issued when the business is conducted on commercially zoned property. They had additionally indicated as noted in Attachment C that the current situation on Shoreline Drive could continue through the balance of the year. Mr. Paul Larson, the owner of the property where it is being conducted, has requested that the City delete the language regarding commercially zoned property as a requirement of the licensing. DISCUSSION - The original ordinance amendment when reviewed was realized not to cover situations such as Mr. Penke. As a result of that review staff recommended and Council adopted an ordinance to regulate them and also to require that people conducting such businesses be done in a commercial zone. This is really a "cross reference" from the zoning code as a person would not normally be able to conduct a business such as this in a residential zone but only a retail operation in a commercial zone. Mr. Larson would like this dropped as he does not want to go through the rezoning of his property to commercial property in order to allow not only Mr. Penke but 31so other mobile vendors and the old ice cube shop, which has now become a dock assembly place, to continue on his property so that he may generate the necessary revenue in addition to the rental of the existing residence in order to give him the appropriate cash flow. It should additionally be noted that the staff will be presenting to the Council at its July 11, 1988 Council meeting a proposal to undertake a master planning process in the Navarre area as a prelude to potential redevelopment along the line.^ of the Iiighway 12 Corridor Study. ALTERNATIVE 1. Agree to amend and also direct amen.imnnt of th-, zcn i n; cox!- to allow such retail operations as a premitted use. 2. Retain as is. 3. Table. 4. Indication related to rezoning. 5. Table matter until the master planning process has been undertaken. RECOMMENDATION - It is recommended that the Council retain the language and not allow commecial operations, be they mobile or stationary, in residential zones and that Mr. Larson be directed to, at this point, submit the rezoning application pending the master planning process review. PROPOSED MOTION - Moved by _, seconded by , that the Council desires to retain the current language and Ordinance and directs Mr. Larson to undertake the necessary rezoning applications which are to be held in abeyance pending a completion of the master planning process. Ayes __, Nays __ cc: Paul W. Larson, 3225 Casco Circle 2 L. /.t-{ I T: t --I- June 3rd, 1988 City Of Orono Crystal Bay, M I would like to appeal the City Council decision to amend the Mobile Peddlers ordinance restricting the present use of my property. I was not notified of the meeting and don't feel my interest was fairly represented as a Orono tax payer. ' This property has b9en used commercially for years befor the zoning was changed in 1975. This grade the present use nonconforming. This property abuts commercially zoned and commercially used property on all sides. It is my wishes that the City allow the present use of the property as they have in the past. Sincerely, Paul W. Larson 41588.6 TO: Mayor and City Council FROM: Mark Bernhardson, City Ariministrato DATE: April 15, 1988 SUBJECT: Mobile Peddler's Ordinance Amendment Attachments: A. Ordinance No. 5.39 B. Draft Amendment - Tom Barrett ISSUE - Consideration for adoption of language related to and inclusion of certain classes of peddlers and transient merchants under its licensing provisions. INTRODUCTION - As the Counci l's April 11, 1988 council meeting staff was directed to develop ordinance language for the inclusion of certain types of mobile peddlers who were not presently not included under its solicitor's ordinance. DISCUSSION - The City Attorney has drafted language in Attachment B for inclusion of merchants who market their wares either from vehicles or on other pieces of property together with an amendment to limit such sales specifically to commercial pieces of property. ALTERNATIVES 1. Adopt as drafted. 2. Amend and adopt. 3. Table. 4. Choose not to include this type of merchant for regulation. RECOMMENDATION - It is recommended that Attachment B be adopted as presented to regulate this class of transient merchants and peddlers. PROPOSED MOTION - Moved by , seconded by , that the Council adopt Ordinance No. , Second Series as an amendment to Ordinance No. to reg-ulate select classes of solicitors. Ayes Nays i ORDINANCE NO. , SECOND SERIES AN ORDINANCE AMENDING SUBDIVISIONS 1, 2 (H) , 2 (I) , 3, 3 (B) , 3 (F) , 3(G), 4 and 5(B) , OF SECTION 5.30 ADOPTED APR IL 1, 1984, AND ENTITLED "SOLICITORS" The City Council of the City of Orono ordains: Ordinance No. 5.30 Subdivisions 1, 2(H), 2(I), 3, 3(B), 3(F), 3(G), 4 and 5(B) adopted April 1, 1984 and entitled "Solicitors" is amended to read: Section 5.30. SOLICITOR AND TRANSIENT MERCHANTS Subd. 1. Purpose. This Section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The Council finds, however, that solicitors have used public streets and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This Section is intended to ferret out and control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities; and, (2) businesses and organizations which, though its activities be lawful or even commendable, use such illegitimate practices in solicitation; and, (3) individual natural persons who, though they represent lawful business and organizations, use such illegitimate solicitation practices; and, (4) businesses and transient merchants, though legitimate, which cause, or are likely to cause, a traffic hazard or other inconvenience or danger to persons or property. The Council further finds that a large number of the residents of the City are employed as their livelihood and means of support by manufacturing plants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or even harassment and should be subject to control. Subdivision 2. Definitions. ii. "Transient Merchant Activities" means engaging in any temporary, intermittent, or transient sales or exchanges of any goods, wires, or services by setting up any outdoor stand or structure, or by using any truck, autom(-bile, or any other vehicle, at any point or place in the City. I. "Transient Merchant" means any person engaging in transient merchant activities. Subdivision 3. Prnhihiterl Solicitation and Transient Merchant Practices. B. It i^ unlawful fc)r- .any solicitor or transient merchant to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation or transient merchant a-tivities. F. It is unlawful for any person to engage in business solicitation or transient merchant activities without a lincense as herein provided. G. Transient merchant activities can only be conducted on commercially zoned properties. Subdivison 4. Application. Applications for solicitor and transient merchant licensing or registration shall contain the name and address of the solicitor or transient merchant and such other information as may reasonably be required by the Council as a condition to registration or licensing or to permit investigation into the applicant's background and past solicitation practices or transient 1aerchant activities. Application for solicitor licensing shall also contain the name and address of the business or organization for which solicitations are sought. Subdivision 5. Investigation, Approval or Disapproval. B. If he finds no past history of the applicant indicating violations similar to those declared unlawful in this Section, and if he finds that to grant the application is not 1 ikely to result in a hazard or danger to persons or property, he shall recommend issuing a 1 icense or approving registration, as the case may be, and the City Clerk shall forthwith advise the applicant. The City Clerk shall issue a license, upon payment of the fee therefore, to the approved applicant for business solicitation or transient merchant activities, and shall approve the completion of registration by the applicant for a conribution solicitor. Passed by the Council this 25th day of April, 1988. J--ames ---R..-----rabek----,---y M-aor---------------- � ATTEST: Dorothy M. Hallin, City Clerk Published in the Laker and Pioneer newspaper the week of 4188.2 /a TO: Mayor and City Council FROM: Mark Bernhardson, City Administratow" DATE: April 1, 1988 SUBJECT: Mobile Peddlers Attachment: A. Mobile Peddlers 3/23/88 B. 1967 Zoning Map C. Present Zoning Map Jam - ISSUE Xd, �ti1. Informationing the or finance interpretation 2. The background on zoning information regarding the Paul Larson property 3. Issuance of the solicitation permit to Mr. Penke INTRODUCTION - At the Counci l's March 28, 1988 meeting Council received comments from members in the audience regarding the appropriatness of its solicitation ordinance together with the conduct of this particular peddler's permit in what is presently zoned residential. Based on the discussion at the Cour.,il meeting of the 28th the Council felt that an appropriate avenue to rectify the issue of a solicitor doing business on a residential piece of property was for the property owner to seek a rezoning of the property. DISCUSSION Issue_ #1 - Ordinance Regulation - Under State Statute Chapter 329, the State requires the licensing of peddlers, hawkers and transient merchants by the County Auditor, but does permit the licensing and regulation of such by a municipality. The City of Orono did not specifically regulate such until the 1984 recodification. It had been staff's interpretation of that ordinance that anyone defined by the ordinance needed to be licensed. A review by the City Attorney however, felt that Mr. Penke's type of business is not regulated under the ordinance. While it may have been the City's intent to so regulate, the ordinance does not provide for that regulation. He would be required to get a license from the County Auditor and the issue of retail sales on residential property is separate from the licensing issue. Issue $2 - Z_ oning on Property - In a brief review of the property it appears that the northern portion of the area was in an industrial district with the balance zoned B-1 Commercial until .1ankiary 1, 1975. The Council, at that time, chose to zone it with the 1/2 acre residential. The change in zoning to 1 residential was done in order to limit curb cuts and traffic generation on 15 that was anticipated if left as commercial. (This was a typical strategy of the Council at the time.) In light of this the Council may consider: A. Rezoning of the property although this may have an impact on the type of development that comes to the property between lots and Bayshire lots which were expected to be some type of low to moderate residential density. B. Leave as is. It would be staff's position that there needs to be a registration and awareness of these types of proposals and if the current ordinance doesn't require such, then it be so amended. This does not mean that the City should be in a position to discourage such activity. Whether it is regulated under City ordinance or not it does not prevent Mr. Penke's type of business from being licensed by the County. The issue of Mr. Penke's continued business on the site needs to be addressed. Because of the fact that the zoning is a new issue and Mr. Penke has been doing business on this site for three years, it may be appropriate that the Council action to continue it for at least 69 days pending the possible rezoning of the property. ALTERNATIVES - Issue 1. Ordinance Regulation 1. Acceptance of information from the City Attorney on ordinance interpretation. 2. Discuss what action the Council may want to take in relationship to the existing ordinance. 3. Direct staff to amend ordinance to govern peddlers and transient merchants. 4. Choose not to regulate, leaving regulation to County. 5. Table. Issue 2. Rezoning 1. Accept the information 2. Table for further consideration 3. Give a preliminary indication to the owner as to whether it is fruitful to undertake a rezoning or not Issue 3. License Issuance 1. Issue a license even though the ordinance really does not require. 2. Table 3. Deny approval of the permit pending rezoning 4. Not require a license but ensure he has a County issued license. RECOMMENDATION- -------------- 1. It is recommended that the Council accept the information regarding the ordinance and that the appropriate ordinance modifications be undertaken for presentation at the April 25, 1988 Council meeting. 2. That the property owner undertake the appropriate rezoning. 3. Only require a permit if the ordinance is amended to so govern but ensure he has a County license. 4. If no rezoning undertaken by 15 June not permit further sales on residential property. PROPOSED MOTION - Moved by _ , seconded by __, that the Council direct staff to revise the ordinance regarding peddlers in line with the Council's discussion on the matter. Ayes , Nays __ CC: Jeanne tlabusth, Zoning Administrator Melvin Kilbo, Police Chief Dorothy Hallin, City Clerk Al Penke i 32388.2 To: X.ayor Grabek & Orono Council Meml:crs From: Mark E. Bernhardson, City Administrato � Date: March 23, 1988 9 > l� tib jJC�J Subject: Mobile Peddlers (1:`• r Attachments A. Petition - Soliciting and Peddlers Memo Dated 3/9/88 B. Ordinance No. 5.30 - Solicitors ISSUE - Consideration by the Council as to any additional action they may desire to take in the regulation of peddlers in the Community. INTRODUCTION - At the Council's March 14, 1988 meeting, the Council discussed a letter from Helen Skaret together with a petition that had accompanied that from the various Orono business people. At that meeting, the Council chose to take no action. The person who had sent the letter was una%-.are that it was going to be on the agenda and in a conversation subsequent to that meeting wondered when it would be considered. Based on the fact that they had not been contacted, it was indicated that it would be placed on the agenda again. nTcrriccTn►a - As noted in Attachment A, this issue was discussed at the March 25, 1985 Council meeting. Concern expressed at the time was that the individual had a right to be able to peddle under the City's ordinance regarding licensing of peddlers provided they committed no violations of the ordinance. Consideration of this matter from a zoning standpoint, however, has not previously been done. The individual has been soliciting on property that has been zoned residential property (LR-lC-1) although it presently is used commercially as a non -conforming use. To the extent that the zoning ordinance does not allow for anything other than home occupations, which are not to show outside the home or road -side stands for produce grown on the property, it is an on -going business in an "established place" (refer to Ordinance 5.30 for the definition), and therefore would only be permitted in a commercially or business zoned area. To that extent, the individual could be licensed on an on -going however, they %-:cul5 have to change locations and get the permissicn of the property owner of a commercially zoned property to conduct his L—=-ncss. ALTERNATIVES - A. Policy alternatives: 1. Leave ordinance un-amended. 2. Limit. the peddlc l.icenr�- to nunher of days ur number o1 renewals %..ithin a years time. Mobile Peddlers March 23, 1988 Page 2 of 2 3. Increase the fee for peddlers to compensate for the fact that they are not paying taxes on a commercial use. 4. Specifically, in the peddlers ordinance, restrict sales to commercially zoned properties if they go for a certain time period in a place. (This is probably not needed as the zoning code already would restrict that.) 5. Limit the types of sales that could take place under a peddler's license. B. Action: 0 1. Renew the license at a specific location only in commercially zoned properties. 2. Amend the ordinance to further restrict peddling sales. 3. Leave the situation at the current status -quo. RECOMMENDATION - It is recommended that a,iy solicitor permits of an on -going business nature be limited to commercially zoned properties requiring permission of the property owner. At this time, however, the furthei limitations applied to the ordinance for at least this particular case (with the exception of limiting them to commercially zoned property for "on -going" businesses) are not appropriate as there have not been other problems related to the business and it is probably not appropriate to unduly limit business competition. PROPOSED MOTION: Moved by , seconded by , that the Council direcl staff that all solicitor's permits that are to be of an on -going nature arl to be limited to commercially zoned properties, but at this time take nt further action on an ordinance amendment. Ayes , nays cc: Helen Skaret 41NUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1986 . ,j7'Y ROAD 116 CONTINUED Mayor Grabek supported staff's recommendation on behalf of the Orono citizens and hoped that this action would not jeopardize any relations with the City of Medina. It was moved by Nayor Grabek, seconded by Councilmember Peterson, that staff be directed to indicate to the City of Medina in -iting its desire not to endorse the proposed re:- regarding County Road 116 and encourage M rork with the County to terminate County Road liL runty Road 24. Motion, Ayes 4, Nays 1. Councilmembe. Goetten voted nay finding that Orono needs to look at another north/south road from Hwy. 12 to Hwy. 55. She felt that the comprehensive plan amendment may affect this issue and felt the Council should remain open in this matter. Motion carried. COUNTY ROAD 15 STREET LIGHTING - DESIGN ENGINEER REPORT City Administrator Bernhardson reviewed the changes in costs based on the outcome of the feasibility study. Design Engineer Bob Ehlers of Ehlers and Associates was present for this matter. He stated that he found the bids to be reasonable and noted that the original bid did not include lighting through Minnetonka Beach. it was moved by Councilmember Callahan, seconded by . Mayor Grabek, that the City set May 23, 1988 as try public hearing date for asessing $97,000 in stre:e lighting costs with the balance to come out �P "SA/General funds. Idotion, Ayes 5, Nay; 0. MOBILE PEDDLER ORDINANCE* ORDINANCE NO. 50, SECOND SERIES It was moved by Councilmember Sime, secondec by Councilmember Peterson, that the Council adopt Ordinance No. 50, Second Seri :s as an amendment to Ordinance No. 5.30 to regulate select classes of solicitors. Motion, Ayes 5, Nays 0. RESOLUTION OF RECOGNITION* RESOLUTION #2411 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt a Resolution of Recognition of Chief Melvin Kil'c:o. 14rt.icn, Ayes 5, Nays 0. 11IOCLAMATIOU - CITIES VJEEK* I;_^.�OLUTION C2410 It was i..oved by Counci lmcmbe: Sir-e, seconded by Councilmember Peterson, to :idoht Pesolution #241R proclaiming a -lay 1 - 7, 1988 as Minnesota Cities Week. • Motion, Ayes 5, Nays 0. 13 6788.4 C;7,j TO: Mayor and City Council 0 FROM: Mark Bernhardson, City Administrato0 DATE: June 7, 1988 SUBJECT: Ordinance Amendment Request - Animal Control Police - Fence Height Attachment: A. John 9ollander Letter Dated 6/6/88 B. Ordinance Section 9.12-9.13 C. Ordinance Section 10.03 Subd 15 D. Fischenich Letter Dated 5/17/88 E. Kilbo Letter Dated 6/8/88 ISSUE JUN 13191UA 1. A request for the City to amend its ordinance so that the theft of a cat is changed from a petty misdemeanor to a misdemeanor which would affect the penalty clauses from a maximum of $100 to a maximum of $700. 2. Request for an ordinace change regarding the height of fences. 3. Request regarding pursuit of violations of the fence ordinance. INTRODUCTION - At the Cout-:ills May 23, 1988 Council meeti Mr. Hollander presented a request regarding his ability to b Id a fence taller than 3 1/2 feet indicating that his ab ing neighbors had taller fences and secondly had indicated his uesire to have the Police further pursue the matter of his cat. DISCUSSION - Issue_ 1. ordinance_ Penalty = A_nimal Theft - As noted in Attachment D h te _ City did give a follow up report indicating however that the City has not been able to determine whether the cat was stolen and if so who. As noted in Attachment E, the penalty for theft is governed by State Statute tnd that theft of an animal with a value under $250 is already a misdemeanor. Issue 2. Fence Height - The City's ordinances are that a person can build up to 3 1�/2 foot fence in the setback or yard areas (the location of most fences - near the property lines.) If in the allowable bui leing envelope it is governed by the normal accessory str►- ight limitation. As for the fence a substantial nut. ')is neighbors have constructed split rail fences, the poEt -ch are 4 1/2 to 5 feet, with the crossbar at the 3 1/2 to 4 .c level. This is a design that has been used throughout the subdivision. The City however has never differentiated between solid fences or open designs. A substantial effort trying to regulate the various types of. fences was undertaken by the previous Building and Zoning Administrator however nothing was ever done with this and the current 3 1/2 foot restriction remains in effect. Issue 3. Enforcement - As noted these fences were built in line with -others in the neighborhood and at this point the City has felt the violation not enough of a priority to undertake substantial enforcement action. It is anticipate) that the City will be sending letters to the abutting property owners based on Mr. Hollander's complaint in the next month. ALTERNATIVES 1. Animal Control Ordinance A. Retain as is B. Have the City Attorney explore whether the City can amend to specifically make the theft of a personal animal a misdemeanor (or greater) regardless of value C. Table 2. Fence_ O_rd;na_nce_ A. Retain as is B. Direct to the Planning Commission to study the issue without specific direction C. Have the Planning Commission take a specific directed review: - To allow higher fences generally - Differentiate fence height based on 1. Openness of design 2.Setting a crossbar height of t` ,ertical members at a specific minimum di. D. Table 3. Enforcement A. Acknowledge information B. Amend and direct staff ir. another course of action C. Table RECOMMENDATION - It is recommended that the Council take no further action on the misdemeanor issue related to animals, that it ask staff and Planning Commission to review the issue of fence heights as appropriate and direct staff to notify neighbors on Hollander Road of the violation:- PROPOSED MOTION - Moved by _ , .,.-(.)nded by _, that the Council take no further action on thy. misdemeanor issue related to animals, that it ask staff and Planning Commission to review the issue of fence heights as appropriate and direct staff to notify neighbors on Hollander Road of the violations. Ayes _ , Nays cc: Chief Kilbo John Hollander, 2110 Hollander Road C-1 x tit's( r #i let_ CCc�h � C� �%�-�.�,���- Z►-z�,�. Cam., App oi���/c2��(. � aPl��6""'u'�� t 4- C Y-tit G t t c-1 § 9.11 limits for trapping, location, number of traps and approved maintenance procedures of trap lines. Applications for limited permits shall be made to the Chief of Police and shall be accompanied by a written statement of proof of hardship and a certified property owners list of property owners within 500 feet of trapping area. Property owners shall be notified that such application is being considered by the City. The permit fee shall be as set by resolution of the Council. SEC. 9.12. DOG RECULATI(M AND LICENSING. Subd. 1. Definition. For the purpose of this Section, "owner" means a person who owns, harbors, feeds, boards or keeps a dog. Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large with the permission of the owner unless it is on a durable leash secured to an object which it cannot move and on the premises of the owner, or on a leash and under the control of an accompanying person of suitable age and discretion. Any dog, having bitten a person or other animal, shall be forthwith impounded for the period of inr.ubation. Subd. 3. License Required. It is unlawful for the owner of any dog, six months of age or more, to fail to obtain a license therefor from the City, except as follows: A. Dogs confined to a City licensed commercial kennel need not be individually licensed. B. Dogs confined to a City licensed residential kennel shall be individually licensed but need not wear the license tag while they are confined in the kennel. C. Dogs currently licensed by another jurisdiction may be temporarily kept in the City for a period not to exceed thirty days provided the dog wears a tag or other identifi--ation from such licensing jurisdiction, and provided that a current City license is obtained if the temporary stay extends beyond thirty days or otherwise becomes permanent. Dogs licensed by other juris- dictions are not exempt from the kennel licensing requirements or from any other provision of this Section. Subd. 4. Application. Application for a dog license shall be upon a form supplied by the City anti o;apaniad by a certificate of a veterinarian, duly licensed to -..L:tice ve'.:crinary medicine within the State of Minnesota, which certificate shall state that the dog for which application for a license is made:, has been innoculated against rabies within six months of the date of t the application. No more than two dog license:; shall be issued to ORONO CC 206 (4-1-84) S 9.12 any one person or for any one lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lot, property or address. Subd. 5. Fees. All licenses and impounding fees provided for in this Section shall be issued only upon payment in full of fees fixed and determined in accordance with City Code Section 1.05. License fees shall be due for the full two-year license period except that licenses issued in even -numbered years may be prorated to one-half of the two-year license fee. No other prora*ing shall be permitted. Subd. 6. Tag Required. All licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing such license for the current year. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing the payment of the license fee for the current license period, and payment of the fee for a duplicate license. Tags shall not be transferable, and no refund shall be made on any dog license fee because of leaving the City or death of the dog before the expiration of the license. Subd. 7. License Period. All dog licenses shall be issued and be valid for the whole or unexpired portion of two year periods beginning on January 1 of each odd -numbered year. All dog licenses regardless of the date of issuance shall expire on December 31 of each even -numbered year. Dog owners shall apply for license renewal prior to the license expiration date. Subd. B. Notice of Impounding. Upon the impounding of any dog, the owner shall be notified, or if the owner is snknown, written notice shall be posted for five days at the City Hall describing the dog and the place and time of taking. Subd. 9. Release From Animal Pound. Doas shall be released to their owners, as follows: A. If such dog is owned by a rc-ident of the City, after purchase of a license as aforesaid, and payment of the impounding fees. B. If such dog is owned by a person not a resident of the City, after immunization of any such dog for !rabies, and payment of the impounding fee for the period for which the dog was impounded. Subd. 10. Animal Pound. Any dog found in the City without a tag, or animal running at large, shall be placed in the Animal Pound, and an accurate record of the time of such placement shall be kept on each animal. Every animal so placed in the Animal Pound shall be held for redemption by the owner for a period of not ORONO CC 207 (4-1-84) 77 § 9.12 less than five regular business days. A "regular business day" is one during which the Pound is open for business to the public for at least four hours between 8:00 o'clock A.M. and 7:00 o'clock P.M. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by specie, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal three months of age or over was received; and, (5) the ramc and address of the person to whom any animal three months of age or over was transferred. If unclaimed, such animal shall be humanely destroved and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes, Section 35.71. Provided, however, that if a tag affixed to the animal, or a statement by the aninal's owner after seizure specifies that the animal should not be used for research, such animal shall not be made available to any such institution but may be destroyed after the expiration of the five-day period. Subd. 11. Other Unlawful Acts. It is unlawful for the owner of any dog to (1) fail to have the license tag issued by the City firmly attached to a collar worn at all times by the licensed dog, or (2' own or keep a dog which is dangerous (any such dog which has caused injury to persons or property shall be deemed "dangerous"), or (3) interfere with any police officer, or other City employee, in the performance of his duty to enforce this Section, or (4) fail to keep his dog from barking, howling or whining, or from emitting loud or unusual noise, or (5) fail to prevent his dog from defecating in or upon public property or the premises of another, or (6) permit solid waste of a dog to accumulate on his premises for more than twenty-four hours. Subd. 12. Immobilization of Dogs. Fn- the purpose of enforcement of this Section any peace officer, dog ,.atcher or other person assisting a peace officer or dog catcher may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching a dog. Subd. 13. Warning of Vicious Dogs. The owner of any dog known to be of vicious habits Shall place in plain view of the entrance to his premises a sign no smaller than 12 inches by 14 inches which shall read- "Beware of Vicious Dog". SEC. 9.13. ANIMIALS AND FOWL - hZI; ^' ING, :PLNISPORTING, TREATMENT, HOUSING. Subd. 1. Definitions. As used in this Section, the following definitions shall apply. A. "Owner" - Any person who owns, harbors, feeds, boards, keeps, or otherwise possesses an animal, and who is the head of the household of the residence, or t'+e owner or manager in ORONO CC 203 (4-1-84) r § 9.13 charge of the establishment or premises at which an animal remains, or to which it returns. B. "Farm Animals" - Cattle, horses, mule--, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. C. "Animals" - Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, domestic cats, gerbils, hamsters and caged household birds. D. "Dangerous Animals" - Any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl which because of its size or vicious propensity or other characterictic, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters, Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in accordance with the Zoning Chapter, or, (2) animals kept as part of a show licensed under the City Code, or, (3) animals used in a parade for which a permit has been issued, or, (4) animals kept in a laboratory for scientific or experimental purposes, or, (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. Subd. 3. Animals in Transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or, (2) farm animals being transported in a portion of the City zoned for rural purposes, or, (3) restrained by means of bridles, halters, ropes or other means of individual restraint. Subd. 4. Treatment. It is unlawful for any person to treat an animal in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal in any structure infested by rodents, vermin, flies or insects. Subd. 5. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, City part;, cemetery, garden or lot without si,ecific permission therefor from the owner. Subd. 7. Permit to keep a farm animal in therefor from Uie City. Required. It is unlawful for any person any portion of the City without a permit (•1-1-8 ,) ORONO CC ..09 § 9.13 Subd. 8. Impoundment. Any animal found running at large shall be impounded in accordance with Subdivision 10 of Section 9.12. All fees or expenses incurred for capturing and impounding shall be paid before release of any animal. Subd. 9. Special Permit Required. It is unlawful for any person to keep or maintain any dangerous animal without a special permit therefor from the City. No such permit shall be issued for a period exceeding one year and such permit shall specify the conditions under which such animal shall be kept. The Chief of Police shall issue a special permit for the purpose of keeping or maintaining a dangerous animal if it is found that: A. The animal is at all times kept or maintained in a safe manner and confined securely so that the keeping of such animal will not constitute the danger to human life or property of others. B. Adequate safeguards are made to prevent unauthorized access to such animals by members of the public. C. The health or well-being of the animal is not in any way endangered by the manner of keeping or confinement. D. The keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. E. The keeping of such animal will not create or cause offensive odors or constitute a danger to public health. F. The quarters in which such animal is kept or confined are adequately lighted, ventilated and are so constructed that they may be kept in a clean and sanitary condition. G. The applicant for such special permit proves his ability to respond in damages to and including the amount of $100,000.00 for bodily injury to or death of any person or persons or for the damage to property owned by any other persons which may result in the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the Chief of Police a certificate of insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the City a surety bond, approved by the City Attorney, in the amount of $100,000.00 conditioned upon the payment of such damages curing thy.• period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will to made unless ten days written notice is first given to the City. Subd. 10. Investigation Required. The Chief of Police in investigating any applicant for a special permit under this Section or any enforcement of this Section, is authorized to E consult with and seek: the Irlvicc of them "ocit-ty for the Prevention ORONO CC 21-0 (4-1-84) S 9.13 of Cruelty to Animals, the humane Society, any representative of the Animal Control Center of the County if there be one, or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping of dangerous animals. Subd. 11, Permit Fee. Upon compliance with all provisions of this Section, a special permit shall be issued for an annual fee adopted by the Council by ordinance, provided that such permit shall not be issued for the keeping of more than two dangerous animals at any single location. Subd. 12. Exception. The provisions of this Section shall not apply to the keeping of dangerous animals in the following cases: A. The keeping of such animal for exhibition to the public by a traveling circus, carnival or other exhibit or show holding a permit issued by the Commissioner of Natural Resources pursuant to Minnesota Statutes, Section 97.6111. B. The keeping of such animals in a licensed veterinary hospital for treatment. C. Dangerous oL poisonous reptiles may be maintained by a bona fide educational or medical institution for the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the Chief of Police. Subd. 13. Regulation of Horses. A. The term "horse" as used in this Section means any breed of horse, pony, mule or ass. B. It is unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflectorized clothing. C. It is unlawfu any person to ride or drive a horse in any public park, beac ,, golf course or jther public property, except within the right -cif -way of public streets and highways, and in areas duly desi;nated as a trailway or hitching area. D. The City Administrator shall designate and sign- po"t those areas in public lands, parks and beaches There horses mai be ridden and driven. E. Every person riding a horse or driving a horse- drawn vehicle upon a public street- shall be subject to those provisions of the City Code applicable to the driver of a motor vehicle, except those provisions which by their nature can have no application. ORONO CC 211, (4-1-84) 5 9.13 F. It is unlawful for any person to .nterfere with any horse being ridden, driven or kept in a lawful manner. Subd. 14. Feeding of Waterfowl. It is unlawful for any person to feed or provide feed for any non -domestic ducks, geeAA or other waterfowl in a manner that results in the accumulation of a sufficient number of waterfowl so that the excrement cf the waterfowl accumulates in such a way as to cause a danger to the health, safety and welfare of the public, or in such a way as to induce the waterfowl to alter their natural migratory pattern, or in such a way as to cause the waterfowl to congregate for extended periods of time on any neighboring or nearby property or water. SEC. 9.14. CURFEW. Subd. 1. Curfew - Minors Under the Age of Fifteen. It is unlawful for any minor person under the age of fifteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the following day. Subd. 2. Curfew - Minors Between the Age of Fifteen and Eighteen. It is unlawful for any minor person over the age of fourteen years but under the age of eighteen years to be or loiter upon the streets or public places between the hours of 12:00 o'clock midnight and 5:00 o'clock A.M. of the following day. Subd. 3. Curfew - Parents and Guardians. It is unlawful for any parent, guardian, or other person having tine legal care or custody of any minor person to allow or permit such: -iinor person to be or loiter upon the streets or public places in %-..'ation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor person to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 5. Exceptions. Sur_h curfew sha.Li not apply to any students under the age of eighteen years who are lawfully attending, going to or returning from school, chuirch or community sponsored athletic, musical or social activities or avents. Source: City Code Effective Date: 4-1-84 (Sections 9.15 t`irou-h 9.19, inc111sive, r.rrserved for future expansion.) ORONO CC 212 (4-1-64) `. AI f % V 1 1 mow- g 10.03 Subd. 12. Crowding Principal Building. No accessory building or structure, unless an integral part of the principal building, shall be erected, altered, or moved within ten feet of the principal building. Subd. 13. Garages. Accessory buildings which are for the storage of automobiles shall have the doors thirty feet or more from the property line when said doors face on a public alley or street. Subd. 14. Yards and Open Spaces. A. Reduction Prohibited. No yard or other open space shall be reduced in area or dimensions so as to make such yard or other open space less than the minimum required Dy the Zon;ng Chapter and if the existing yard or other open space as exiting is less than the minimum required, it shall not be further reduced. B. Application to Only One Dwelling or Group. No required yard or other open space 31located to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building or dwelling group. Subd. 15. Non -Encroachments. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 1-1/2 feet, off-street parking except as hereinafter regulated. B. Name plate signs for one family U:follings; lights for illuminating parking areas, loading areas or yards fQr safety and security purposes, provided the direct source of light is not from the public eight -of -way or adjacent residential property ;ay be located to within five feet of the front lot line. C. Fences which do not exceed 3-1/2 feet in height, fences not over six feet in height along the front lot line of lake frontage lots which front on a major thoroughfare, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less t"an two feet from any lot line. D. In side or riar yards depth of two feet nor to contain an area feet, fire escapes not to exceed a width malls not to exceed a height of ix feet ::r_rect parking. only, bays not to exceed a of more than twenty square of three feet, fences and above grade and open of.f- 9110NO CC 256 (4-1--84) w S 10.03 E'. Rear yard only; balconies, accessory structures except that no structure -shall be closer than five feet from the rear iot line, breezeways, detached outdoor picnic shelters and recreational equipment, except as regulated hereinafter. F. Side yards only; accessory structures except that no accessory structure shall be closer than ten feet from any side lot line. Subd. 16. Traffic Visibility. No fences, structures or planting more than three feet high in the "R" District on corner lots shall be permitted to obstruct traffic visibility within a triangular area defined as follows: "Beginning at the intersection of the projected curb lines of two intersecting streets, thence thirty feet along one curb line thence diagonally to a point thirty feet from the point of beginning on the other curb line, thence to the point of beginning. Source: Municipal Code Effective Date: 9-14-67 Subd. 17. Essential Services. This Zoning Chapter shall require a permit for all structures including utility poles, and right-of-ways which are an integral part of a system for public transportation, as for transmitting power, eater, heat, communica- tions, gas or sewage by any public utility. The Council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. Subd. 18. Farming. All farms in existence on January 1, 1975 shall be permitted to continue operation subject to the following conditions: A. No new "stock farms" shall be created or existing stock farms enlarged more than twenty-five percent (25%) in animals over one year old -Y-ept under the pr— isions of a conditional use permit. In ;idering any su, ermit, the maximum number and type of ani- _s to be kept shalom determined. The site design and method of operation shall be cc wed and the Council shall find that the proposed "stock farm", if in existence, will not in its opinion be detrimental to the public safety and the general welfare L `ie esLablzsrment :.[ ,env new building for the housing of animal, _r fowl shall be located 150 feet or more from the nearest offsite resid^nce. C. Produ, is produces] on the tar -i may be sold at retal. ')ne temporary roadside stand may be established for condul i :uch business. Gne temporary business sign not over C1ftnN0 (:: 25? (4-1-84) Q:t•ftkC�z-1' l% May 17, 1988 Mr. John Hollander 2U0 Hollander Road Wayzata, MN 55391 Dear Mr. Hollander, I attempte to contact you in person. or. Monday, 5/16/88, and as I did not find you at home, I will give you my report on your missing cats in this letter. After you reported your cats as being missing to this department, I chec};ed the ti -rds of the homes you had mentioned to me and did not find any siqns of the cats. I also checked the area of Cty. Rd. 6 near your residence and also failed to find any signs of the cats. At this point, I have no further leads and will place the case on our inactive list. Tf, however, further information is obtained, we w; " reinvestigate. s e 1 4 tiq,c� Officer Dr-n Fis chez.i,•, for Chief Y.ilbo Orono Police Departmez.t D F' .. b n� it •e�L1 r June 8, 1988 John Hollander 200 Hollander Road Wayzata, Minnesota 55391 Dear Mr. Hollander, In a recent discussion in which you mentioned your cat had been :.-ilen, we discussed the theft statutE -•ver the phone. I have herd that there seems to be so:ue misunderstanding as to whether the crime is a misdemeanor or petty misdemeanor. I am enclosing copies of Minnesota Theft staLatc 609.52 sub. 2, and also the punishment page on the same statute which st-'.tes that "any proj.t_ty stolen less th ., 3250.00 in value is a misdemean- or punishable by not more than 90 days or a payment of a fine not more than $700.00 o. -th", I a- further enclosii, _ three (3) nage memorandu:,, explain- ing the procedure when a c:.tation or a complaint has been sig::zd. If you ha fe any questions, please call vj. Sincerely, Melvin Kilbo Chiei of Police MK:cjh enc. 5 pages cc: Mark Bernhardson, City Admini*_rat,)r a San am.s2 C111stINAL CODE OF"" F 609.521 POSSES make or use an Whoever has 1 (i) making. using• or attempting -;St radio Or oth<rtmeam to connection campo- L as-ist in shoph( whether Physical, electrical. by theft may be senej rent of a teal telecummuaication system av prorided1i` chapter radio or other 3. of a fine of not nj (10 attaching an unsulborited device to a cable, provided in chapter 277. History: 197A component of a local telecommunication system as p - an onnection is prima 6cie evidence that the The existence of U' uthorized c/ 609l28 RENR oceupte of the Premises: . connection; and Subdivision 1 (i) made or was awe. action Uts9.52, s (u) was aware that lh.. ctinn au unauthorized. unauthorized col Subd. 1. Seateoes. * -x r commits theft May t mam of a fine olf not evidence if the 1 (1) To imprisonment for 1-0•, norm than ten yeah or ym.m stolen exceeds governing the adt more ten $20,000, or both. B' the value tr the Property Subd. 2. fl rl $2.50). or if the property stolen wso a controlled substance Listed in schedule 1 or 2 ! when sedate. N puntunl to section 152.02 with the exception of marijuana; or nl of a fine of not 1 bass, of the props (2) To imprisonment for not more ten five Mean or loop�m stolen is more 1 the property W n stolen wait a controlled enforcement ofry more then SI0,000, or both, if the value of the Property ' 50D or if the than 325C but slot MOM 'ban$2c •Vanuan, soproperty section 152.02; or "Pher. substance listed in schedule 5, mcut of a fine of nit s Subd. 1. F O) To imprisonment tot not more than five y� or to pay or xrviar 1111iiii property over o more than S10,000, or both, notwithstanding the value of the property bare otherwise stolen is not more than $250. if any of the following cimumsunce exist: rave (a) The aq (a) The property is taken from the Perron of another or from a corpse. or 8 enforcement all or coffin containing a corpse; or (b) Satisfaa (b) The property is a record of a court w oRcee in ■ keen_n instrument my Publliic (e) A ded soount kept, filed or deposited seem di to law with or in the keeping (d) A rood offloer or office; or its rerr101al ._ (c) The property is taken from a burning buildiniusler no bombing. or law Subd. ni terefrom, or from an am of detraction caused by ;i;- owner shall Fes the proximity of battle; Or ublic funds be1nBO8 to heren4 or the cute or to any • seamier the ps (d) The property cotuisu c History: 1 Political subdivision or agency th< (e) The PrOPerty is a firearm• Or payment of a fine of not - (09.525 BRI I (4) To imprisonment for not more than ten Yeas or to gook Subdivisio stolen is er explosive Or an incendiary devirx, q f muide the sea tt more than 520,000, or both, if the property stolen is an article repreenting i trade ,.s t' Sore; or if the property or service ssoko Is S250 4 be sentenced it (5) in all other taus where the value of the p/openf payltSnt Of a ftse of ant my be charge {•, 'Pr lee, to imprisonment for not more than 90 Nye to roxcution under Clause ll). wait or throuS 1. aoFe Man S•pp• m both. Provided. however, N any D Subd. 2. clause (2), clause (1). clause (4). and clause (U) of subdivision 2 the value of t • which the owl money or property received by the defendant in violation Oc 81ed � the defmyp ` d Iba state in above provmons within an)' six month period may be a88 8 rovided that chapter if the pP) Rted by 'be n in two orffense History: charged accordingly ins 1'in the prorislons of this subdivision; i P me when two or more offenses prosecutedcommiany county n wA1 h one of 11a o _ counties, the acvuxd may be D under this paragraph. b9SS RE( was committed for all of the otfenxs aggregated1971 c , Subdi1971 r 717 s 1; 1971 a 7% s 1; 1971 a N! q conceslssa .I H4tory: 1963 r 711 an 1 s 6095:; 1967 c 178 s 1; Es 1967 c IS s 1-1; 11 s 11; I97I c 21 c 92, 1971 c 697 s 1; 1978 r b1U I / !1; 1971 c 2M1 s 1: 1976 c 112 s 1; 1976 c 188 s 6; 1977 c )% / I: 1983 r 3313 31 / anon to km 60; 1979 c 258 s IJ: I91984 a 166 •s 1I,81198 9ca1BJ s913 1984 d628 an 3 / 1s 10; f984 r /19 s 1; 0 Agy QI%IINAL CODE OF 19 ti faith a claim e a collection fee or commission out of property or funds reco•ersd, .. by virtue of a lien, set -Off. of counterclaim. (9) "Services" include but are not limited to labor. roof sional vman ttansporution services. electronic computer services, the suppiprit of hod asap modations, restaurant services, entertainment services, advertising service, wk<raa muniation services, and the supplying of equipment for use. .`Subd. 2. AN e0aatltatlag then Whoever does any of the following estimates an and MY be sentenced an provided in subdivision J: 11) Intentionally and without claim withoutof right ,uses cfen, conical, and w ' Maim possasioo of movable ProP-DY of uwtbtt as th the property; Of: intent w deprive the owner permanently 'If Do miu (2) Having a legal interest in movable property. intentionally and wnth.a consent, takes the property out of the possession of a pledgee of other person ha•,ng rsupedor right of possession, with intent thereby to deprive the pledgee or raM person permanently of the pas"ian of the property; or (3) Obtains for himself of another the possession, custody or title to property A or performance of services by a third person by intentionally deceiving him wnh a false represent: •�on which is known to be false, made with intent to dcfmu& and which does defraud the person to whom it is made. "False representation" rncl d without limitation: or (a) The issuance of a check knowing (hateaft, of he is not ere titled the to draw payment upon they drawee delivery of proper Y therefor or to order the payment or delivery tM1errof, or (b) A promise made with intent not to perform. Failure to perform ma rsa evidence of intent not to polorm unless corroborated by other substantial cvidrn•e. or (fi The unauthorized sex of a credit cud, to a credit for charge use plate, or oho pufchawng identification device issued by an organization goods or service on credit; or tion or filing of a claim for reimbursement, a rate appliaunn' a cost report used to establish a rate or claim for payment for medical care p (d) The prepara to a recipient of medical assistance under chapter 256B. which nuentlonall) am falsely seta the costs of or actual services provided by a vendor of medical arc n (4) By swindling, whether by aniBce. trick, device, or any other means, oba,m ptopeny or services from another person: of (5) Intentionally commits any of she acts listed in this subdivision but •sea intent to exercise temporary control only and: (a) The control exercised manifests an indifference 10 the rights of the ow no the restoration of the property w him, or to an ad•es (b) He pledges or otherwise attempts to Subject the property claim; or (c) He intends to restore the property only on condition that the owner N1 reward or buy back or make other compensation; of ari'mms (6) Finds lost property I. knowing or has'ing reasonable means c ae l,,W the true owner, appropriates it to his own ue or to that of another not rn amr thereto without First having made reasonable effort to find the owner and offer surrender the prupert) so him: of the deposit of a •w (7) Intentionally obtains property nr services, offered uponwnb wa making the required deposit or otherwise obtaining the consent of the owner J of money or tokens in 3 coin or token operated machine or other tocPtac e, I Just Received A Citation -- What Do I Do?" Violations are many times investigated by not only police officers, but by fire inspectors, building/zoning officials and reserve officers These violations can be handled by the issuance of a citation, or by having the prosecutor prepare a comnlaint. The following is information on just how the Criminal Justice System works, and shows exactly what may happen after the violation is sent to the prosecutor. In Minnesota, there are no "common law" crimes. No act, commission, or omission is a crime unless it has been made so by statute or ordinance, or rules "Dromuloeted" by Federal or state acencies, that have the effect of law. Definitions CRIME "Crime" means conduct which is prohibited by statute and for which action may be sentenced to imprisonment, with or without a fine. FELO!Y "Felony" means a crime for which a sentence of imorisonment for more than one year may be imposed. Examnles are burglary, thefts over $250.00. @LLSDEMEANOR "Misdemeanor" means a crime for which a sentence of not �orFthan .90 days or a fine of not more than $700, or both, may be Ammpoaed. Examples: Theft under $250, shoplifting, speeding. r:ROSS MISDEMEANOR "Gross Misdemeanor" means ary crime which is not a felonv or a misdemeanor, the maximum fine which may be irnosed for a gross misdemeanor is $3000. Examnles:Three DNI's in five years, furnishing liquor to a minor. PETTY MISDEMEANOR "Petty Misdemeanor" means a nettv offense which is prohibited by statute, which does not constitute a crime ar.d for which a sentence of a fine of not more than $100 may be imposed, examole: stop slnn violation. When a crime occurs and is observed and/or reported by enforcement officers, the general oublic, the victim, the witnesses, the offender, several avenues or tracks are available to brino the offender to the court. The most usual method is issuance of a ticket by the buildina official, fire inspector, or reserve officer for an alleged petty misdemeanor or misdemeanor offense, this citation requires the subject (defendant) to appear at the Ridgedale Division of Henneoin County District Court within seven (7) days for arraignment (plead guilty or not ouiltv). If the defendant pleads guilty, a fine or imprisonment is decided by the Judoe. If the defendant pleads not guilty, a date is set for trial. Trial before jury is not allowed for petty misdemeanor charges. After trial and findings of guilty, the Judae may imoose a fine and/or imprisonment. If, however, the case is a complex one, zoning, unlicensed cars on private property, etc., the city attorney may request an investigation and a formal complaint to be prepared, to be signed by the official or reserve. The complaint is a formal charge reduced to writing and sworn to and signed before the Judoe. Some complaints may be returned for further investigation before a Judae will sign it. After complaint is sinned, the Court notifies the defendant to appear for arraianment. The defendant will plead C-uilty or Not Guilty at arraignment. The process is the same as outlined above. For further details, see chart attached. The yellow shading indicates a minor crime tracMn,:. The red sbauin.i iroir:i..:; or crier t.raekinu.1 nu... uu.. m... Crnv�J VnVM1V I VLWC UC[MIl 11MUY 1 M214 KEY CON T ROL MUM BE" IOCNI CONT. AO[NCT NCIC IpMT, ICA01 E C 1/ / M N 0 2 7 / L NER DATE REPORTED IRPOI TIME RPO ITRRI LOCATION GRID NOR I' ON' DATETI G. r - REPORT MADE Bs AV: I S M T W no =" e= O R^' l NER NRO EOUAO DP EADDE M ISBN) 11ME'ASID. ITAEI TIME ARP ITRRI TIME [LA. ITCLI MR Came., 9 a - aaelA A— Alarm 9 I N r1 C VL6 OiiICE3ASl0'lD ASSISTED BY 1 — In Pown V—Vlwil R M- Mnl t T—DIM, PHONE C.Swu.aPL�prt_ I a o n rm9fv It t.rs,i..v AnY c1CJa Y/l ' 6.3 U Y' MER RETORTS INCLUOIO Imoe„�e O r.AP m.wwry ❑Imrerc LenNm Cl Amlewt siren Orin O mn.ww RPPAn O rnewF ❑ REPORTING PERSONnOFFENOE VICTIM❑ I D.OA. I BUSINESS ADDRESS BUSINESS rNONE SEE CASE FILE ROLLCALL Won d Release Dept. Aoin Memew Deliver Treated III Transoomed Advised I Citation Issued Detail Completed I I G.O.A. COPY TO CO ATTNY ❑ CITY ATTNY DISPOSITION Unfounded CI OFFICEna 11011 c COURT O CHIEF ❑ OTHER r 1 Ref. Other aW.CY Inaeove Other , . j 5U—PE RVIS-0R'SSIGNATU—RE Addendum to request to appear before the City Council on June 13. 1988 It is discriminatory for the City of Orono to allow my neighbor at 250 Hollander Road to put up a split rail fence 4-1/2 feet high (which was done a week ago in violation of the City Ordinance) and to not allow me to put up a split rail fence the same height on my property on 200 Hollander Road. Furthermore all of the split rail fences existing in the City of Orono built after 1982 are in violation of the City Ordinance. It would be extremely expensive for the City to correct all of those violations. It is the above reasons that I request the City Council to amend the City Ordinance to allow all spit rail fences to be at a height of 4-1/2 feet and that all other fences be at a height of 3-1/2 feet and to allow me to build a split rail fence the same height as my neighbor at 250 Hollander Road, which is on the same side as I am. I also request the Council to find an alternative method than the present one for determining the value of animals with regard to theft. For example, in my case with the theft of my cat, I informed the City Police Department that she was worth over $500 dollars. Then Chief Ailbo informed me that it is the City Attorney who makes the determination of the value of any animal in the City. I have not heard from the City Attorney as to how he determined the value of my cat. she is irreplaceable as she is part of my family, like a kid to me. Thank you. Sincerely,I n Hollander' 525BB.2 �oL -RNG TO: Mayor and City Council ,I _ JUi! 131-'`a FROM: Mark Bernhardson, City Administrate DATE: May 25, 1988 SUBJECT: Stubbi Bay Area - Feasibility Update Attachments: A. Cook Letter Dated 4/28/88 B. Cook Lette: Dated 1/8/88 C. Stubbs Bay Feasibility Study Dated 1/5/84 D. Map from Stubbs Bay Alternative Waste Management Study Exhibit B ISSUE 1. Determine whether the Council wants to undertake an updating of the feasibility report for the inclusion of an area not previously included in the 1984 study. INTRODUCTION - In 1983 the City of Orono requested the firm of Bonestroo, Anderlik and Associates to undertake a feasibility study Lf the Stubbs Bay area, particularly the areas that are referred to as the northeast and northwest sections. This study was for an area that apart from the Crystal Bay area was one of the last designated for consideration of improvement of the sanitary disposal facilities along the lake. A cursory update of estimates was made by the firm in January, however, it did not include properties that, based on the report the Council received at its meeting in February 22, 1988, may be appropriate to have served based on the analysis of their septic systems and the possible reduction in overall unit cost by inclusion in a project. DISCUSSION - It is recommended that in order to make better l nformed decisions as to whether the City should proceed in the Stubbs Bay area, that the appropriate costs be updated and the areas referred to as Bayside North, Bederwood and Bayside East be included in the feasibility study. This feasibility update will include $1,500,00 for soil borings that will provide better information as to the cost estimates. The total cost for the feasibility study will be $4,500.09 (Attachment A does not include an additional $500 for the Bayside East area.) Cost update/inclusion of 3 areas - $30000.00 Soil borings/entire project - $1,500.00 TOTAL $4, 508.00 ALTERNATIVES A. Authorize the i,pdate of the feasibility study. B. Amend and award the change in the issues of: - Deleting Bayside East, Bayside North or Bederwood - Not update costs on previous portions - Not do soil borings C. Table D. Table until Council further discusses the Stubbs Bay area. RECOMMENDATION - It Is recommended that the Council authorize the expeialt�re of $4,500.00 for the updating of the study and inclusion of Area _- in the study. PROPOSED MOTION - Moved by _ , seconded by , that the Council authorize the City Engineer to undertake the update of the Stubbs Bay feasibility study as outlined April 28, 1988. Ayes __, Nays cc: Mike Gaffron John Gerhardson Glenn Cook Bonestroo Rosen Anderlik & Associates Engineers • N[Ntetts April 28, 1988 City of Orono Box 66 Crystal Bay, INN 55323 Attn: John Gerhardson CMlrlr l+ aw c bv4e4 rt , MI, A (4CT. r[ IMriY w M ,ee r! (.., n nnrm M,n W bwv. I! In MY W .1, r( Yrrux L'rnrr. I! Ie, M I.., Aeplrc I( WWCa Yp,rr. I[ ynr • .I[ ..0 prop r,Mwn n e. r! Me, A brn 1 r! Ilmlrn r M '_ rl 1r Y 1— trM0 F Mrrrr, I! AWI A IYnrm. I[ Ie,1 n 4Nn,m_ I! Y,r, n W wrC I! KIIIF tWlr1Wr.�l C. Weml xl. IF 1 M[MrWnYn. 1! r[tnn(W, .Ain rr un„ [ IU�ef I! r Yelkru. `1 ivna, w nrqu,. I: IMn L YM1nv nr II U� O Iw,nL I rWrJ LnbY. [ Re: 13937 Stubbs Bay Sanitary Sever Dear John: We would be pleased to update the Stubbs Bay Sanitary Sever feasibility study as requested. The estimated cost for this work will vary depending on the amount of details discussed. The estimated cost to provide new cost information and expand the project service area to include properties between Stubbs Bay Road and Tonka Avenue is $25500.00. There would also be additional borings required for an estimated cost of $1500.00. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIR 6 ASSOCIATES, INC. Glenn R. Cook GRC:br 9744E I fl `V' LS U II �S IIi � v �� MAI Y - 1� 2335 West Highway 36 s St. Paul, Minnesota 55113 a 612-636-4600 Exhibit B :r-: *• •= �•,e 9� STUBBS BAY A.W.M. STUDY: 44 e - ° SUBAREAS 0 • I1 'P Ii Ba side North[ `-•5e LAND S; NaS43 .�` i rc. Ili pi l q `.��a •.-. ,� -� � �� �t��i " Bederwood r N :p ,r � s - �' • { � ,•. a � � 1�. I NyN:.�iP.«P.'�•a.�„,•.� ; ;� e�° Stubbs Bay.., _ •'^ .� _•__dam _ b ._i �+�" �°; ^ NE � �- �• •� � 'ST BB BS B4 a `�` 1 a •,P' Pa,``r, .JE A Stubbs Bay NW • P ---.__ Ba side East 1 Y ",^f;: LAKE N/ll%NETONKA tj .�i•. �z: �.. �N t . eee Ji. �P I ♦ .. I 8 r ____ _i •�� Mp — i 4•W` L Wi e. Y »; ..-:%7 .. .r a -, .• ♦. .... APPENDIX 3 FEASIBILITY REPORT FOR STUBBS BAY SANITARY SEWER IMPROVEMENTS BONESTROO AND ASSOCIATES 1983/84 I N r. `YSa•a 1290 � Yr u11! ' Y Yr •VCnr( [.• Nv I.[ .wllq r rr tr ua+. Y• nw w grrNN 14 SN IwSY � • .�.• N�tY^q..[N .r[. f M NY• Y• Y•.u•a Sw.a.n •.r IH.•M.y Y•lr,t:w • 1�12 �M-� }rY bre 1 •... li Y, W 4.arw. ' l tw y twY SYt 1: T�S� ' •-tea+. sKnt. raan • . .. �.. n- W — J C�[al Y = W [ip !roil Clp Y 4a Y Cn•tLLr Ctrrt. 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CO I S,SW.W :.NID.oa :w.tl l,ow.tl s,Jw.tl ]W.W �S,tlY.00 3.SOD.00 JSy. W S I59, DD.DO 9.110.W swe,lm.tl -t. w0.tl ✓rrwoiu � T•D� t, IDO CrP6. Cr_ s.ut I— P SJ.eO/cu.N• :],)W.Dp e.YO Ta CI s (IDN Y ) 1 n.ao/tm Se.W.DO 3,N5 Ts 3N1 N[r♦S4w W 1 425.Wt4 U,NYCD U^ Tw .C-1 Ntwtww tl ul !u r. P T .Wtw zs.=.w II.i00 e}.TY. y"tb tTelllN. W/Y.Th 31,Wtl 11JS.;:S.tl ♦ Y Caw1�q P.I; S.00 fuYa41 4h,5tl.tl ♦ 252 YYl• ty. t WStn. u.100.W f3JD,[m.tl 15 - - I] - ' I'IITtl I-tlIC! Mr r RRRIMMR� i FIGURE 1 _ .fir �► _ _ ':F�� NIY �•11gT __• ��� . � w w sn i — -V i FIGURE ni • SSWNI MEN mr r •r rt•r. • � .. _ 1 Il ti IAi• 1 L_ -- (rt. Ip0 M M AM=WMT ARU •�� weef��T 11.� ��� \Y�•N� � ,_i?i. rwn n�. wa.�.n 53188.8 0J JUII 1315'; TOr Mayor and City Council -1r r''a yf1 Jf FROM: Mark Bernhardson, City Administrator l Vr �h Jl'V DATEr May 25, 1988 SUBJECT: Building Code Board of Appeals - Appointments Attachments: A. Resumes of Persons Desired to be Appointed B. Proposed Resolution of Appointment ISSUE - Determination by Council as to possible appointments to the Building Code Board of Appeals. INTRODU_CTI_0_N - As noted in Attachment A the City has obtained the names of Live individuals whom staff would recommend for appointment to the Building Code Board of Appeals to be a committee "on call• should appeals be submitted to the City. DISCUSSION - The requirements for appointment arej familiarity in the construction area and code area which all persons listed do presently have. The composition is two people who are also on the City's Planning Commission, an outside Fire Marshall, an outside Fire Chief and a Building Official. All these people are familiar with the building codes and their applicibility. ALTERNATIVES 1. Appoint 2. selection of other ind W duals apart from those recommended. 3. Table until such time as the Board is needed. RECOMMENDATION - It is recommended that the five persons be appofnted et t1,is time and only to be used when an appeal has been submitted to the City. it is further recommended that this Board be annually appointed with the regular li-t ^f appointments the City has at the beginning of the yoar. PROPOSED MOTION - Moved by , seconded by that the Council appoint by adoption of Resolution a the p=i_ons identified in Attachment A as members of the Suildlnq Code Roard of Appeals and that the staff be directed to annually include appointments to this Board In the annual resolution of appointments. Ayes _- Mays Llmttrt n TIIEOD09E R. MVPANZ Theodora R. Paulfrasa 6421 Ridgevies Driw Edina, Mltatmmote 56676 (612.) 941-6211 Data of birth: December 20, 1942 Rife, Delores S. Paulfranz Childras (2), Reid T. Paulfranz (1910) Lima M. Paulfrenr (1971) Metropolitan Community College, Minneapolis 1966--197e A0ROC1ate of Science Degree, Fire P .,tection PO51 T70N Fire Chief, City of Edina Fire Department [dine. Minnesota ZWWYIIM MISLY MAY 2 6 W8 1966--67 Paso Corporation - Golden Valley, MSMemota rob. 1. 1967 Appointed to Edina Fire Department, Edina, Minnesota Sept. 1, 1971 Appointed to Fire Inspector June 2, 1975 Appointed to Assistant Fire Chief July 21, ISM Appointed to ►!n Cnlef MILITARY HISTORY United States Navy. 1%1--65 M.A.A.s. a.. Field. 1962-64 -- I"rlel Reach, California Ammignsent: Aircraft Crash/Rescue Division and Craas salve" M.A.S. Rodisk, Alaska ASSIg cent: Aircraft Crash/9emouv Division are Strwtural Firefighting Duties Advimor, Reims volunteer Tire Department I1%SI Discharged. September, 1165 Ras* ad Petty Officer, Record Clem IR-6) Theodore R. Paulfranc CERTIFICATIONS Building Official, State of Minnesota Emergency Medical Technician PROFESSIONAL MEMBERSHIPS Minnesota State Fire Chiefs Association Metro Fire Chiefs Association Fir* Marshals Association of Minnesota Minnesota State Building Officials Advisory Committee (1980--86) State Fire Code Committee Him. Stab Fire Chiefs SARA Advisory Committee TRAINING i CONTINUING EDUCATION 'Management Overview for Fire Officers" (1978) National Fire Protection Association "Operational Risk Analysis" (1979) United States Fire Administration "Fir* Department Management" (1981) University of Oklahoma/Oklahoma City Fire Department "Fire Ground Commander" (1980) National Fire Academy "Fire Officer I" (1981) University of Minnesota "Motor Planning for Fire Protection" (1977) National Fire Prevention S Control Administration "Supervisory Methods in Municipal Administration" (1969) International City Manager's Association "Management by Objectives Seminar" (1977) O'Brien Associates Building Officials Conference (1972. 1975, 1976, 1978) Bloomington, Minnesota Annual Fire Instructor's Conference (1978) Memphis, Tom aware Scut Rascue School (1969) LiQuefled Petroleum Technical School Liquefied Petroleum Firefighting School Hazardous Materiels Conference (1972) Minneapolis, Minnesota Precision Driving Course (1977, 1978) Wine, Minnesota Emergency Medical Technician School (1975) Minneapolis, Minnesota Emergency Radical Technician Re -Training (Bi-annually since 1975) References: Herbert Meyer Code Consultant, City of Bloomington, MN (612) 887-9630 Gil Bollinger Building Official, Brooklyn Park, MN (612) 424-8000 THOMAS C. ANDERSON Biographical History Born July 19, 1944, Waterloo, Iowa. Attenu d grade school in St. Paul, MN., and Institute of Technology 1962S-h1965ol in 1962. majoring in AeronautI cal/Chemicended the alof Minnesota Engineering. Worked with Planning and Programming Section of Minnesota State Highway Department from 1965 to 1972 to Cartography and Engineering Graphics. Worked for Washington County. Minnesota 1972 to 1978 starting as Planning Technician. Promoted to Build- ing Inspector, Class I. 1975 and Class II, 1977. 1978 to April 1986 worked for Wayzata. MN as Building Official/Code Enforcement Officer. Duties included Build- ing. Housing, Plumbing. Heating and Zoning Code Enforcement. Staff Advisor to the Planning Commission. Class A Representative to I.C.B.O. April 1986 to present, City of Hopkins, MN. Building Official and Class A, Repre- ntative to I.C.B.O. Duties Building Plumbing, Heating. Electricalclude Fireon fCode Enforcrementt consisting of The City of Hopkins believes in a strong code enforcement program and encourages training, education and involvement in outside professional organizations such as the North Star Chapter and I.C.B.O. Attendance to all I.C.B.O. Code Development Conferences has been assured and my involvement and participation at the I.C.B.O. committee level ties been encouraged by the city administration. (letter attached). I am a firm believer in training and education for Building Officials because it provides for a high degree of professionalism. Code knowledge is manditory in todays high tech and rapidly moving building industry. I also strongly believe in participation in the development of codes and standards and although my previous employer, the City of Wayzata, had a policy of allowing attendance to national meetings every other year, I was able, partially at my own expense, to attend all but two code change meetings since becoming a Class A Repre- sectative to I.C.B.O. I hope my application will receive serious consideration and I will be able to further serve the International Conference. Yours truly. Thomas C. Anderson L) THOMAS C. ANDERSON ACCOMPLISHMENTS AND RELATED ACTIVITIES 1. I.C.B.O. Certified Building Inspector, September 1975 #1926. 2. State of Minnesota Building Official, 1977 #610. 3. Involved in Building Code Enforcement for 14 years, Class A Representative to I.C.B.D. for past 8 years, formerly with the City of Wayzata, MN, currently for Hopkins, MN. 4. Attended the University of Minnesota 1962-1965 Institute of Technology, attained 130 credits toward Aeronautical Engineering Degree. 5. Received Associate of Arts Degree in Building Inspection Technology 3979 from Inver Hills Community College. 6. Received Certificate of Achievement from State Building Code Division/North Star Chapter I.C.B.O. for completion of 90 credits in Building Inspection Technology. 7. Completed I.C.B.O. short courses on: a. Fundamentals of non-structural plan review, December 1981 b. Uniform Fire Code, January 1981 c. Uniform Mechanical Code, January 1966 d. Sprinkler Systems Course, November 1986 8. Member North Scar Chapter I.C.B.O. 1974-1987 9. Member Lake County Chapter I.C.B.O. 1985-1987 10. Member North Star Chapter Mechanical Committee, mid 70's. 11. Member North Star Chapter Fire Life Safety Committee 1987 12. Chairman North Star Chapter Damige Assessment Co- ordination Committee, 1983 to present. 13. Member Board of Directors North Star Chapter I.C.B.O. 1985 14. Elected Treasurer, North Star Chapter I.C.B.O. 1986 15. Currently serving as Secretary North Star Chapter I.C.B.O. 16. Attended I.C.B.O. Code Development Conferences in 1980, 1981, 1982, 1984, and 1985 as Class A Representative from Wayzata, MN to I.C.B.O. and 1986 as Class A Representative to Hopkins, MN. 17. Attended annual Minnesota Building Inspectors 7 day Institutes from 1971 thru 1987. 18. Attended numerous Minnesota Building Code -Spring and Fall Seminars over the past 14 years. 19. Attended numerous seminars on on -site sewage treatment sponsored by the University of Minnesota. PERSONAL: Steven Lovell Anderson 309 Nest Seventh Street Hearings, Minn. 55033-2006 Phone: (612) 438-3635 EMPLOYMENT: September, 1186 to present: '3sputy State Fire Marshal, Code Specieliat. Duties: Frovloe interpretations of fire codes and other standards to field inu?actors and investigators, statewide fire service, building officials. and the general public; perform inspections and investlgP' as assigned; serve as legislative laison and present publ education programs as assigned. Februarynn.Du1981 to SeotemL__, 1986: Fire Marshal, St. Louis Park. Mitlee: Responeible for and supervises all fire inspection, prevention and investigation activities. Directly supervises three fire inspectors. These inspectors perform follow-up inspections and participate in public fire education programs. They also perform joint housing/fire inspections of all apartment units in the city on a bi-annual basis. Provides all fire -related plan review of new and remodeled buildings and serves on the City Development Review Committee. Serves as a laison between the Fire Department and Building, Planning and Zoning Administrators, The Fire Marshal also serves as a line officer as assigned by the chief, and per:orma detailed techni- cal inspections as necessary. August 1977 to February, 1981: Firefighter/Inspector St. Louie Park Fire Department March 1974 to August, 1977: Firefighter, St. Louis Park Fire Department September, 1973 to March, 1974: Full-time Student Metropolitan Community College Minneapolis, Minn. December, 1972 to September, 1973: Fire Alarm installer/ Service Technician, 3M Company Minneapolis, Minn. August. 1969 to November, `: Aviation Electrician Cnited States Navy EDUCATION: Metropolitan Community_College, Minneapolis, Minn. Graduated June, 1980. Associate Degree, Fire Science. State Fire Marshal Division, 1978. 120-Hour Firm Inspection Course. National Fire Academy Fire Arson Investigation; Fire -Safe Building Design. Hennepin Technical Center, Minneapolis, Minn. Firefighter 1, 2, 3; Fire Officer 1, 2; Fireground Tactics; Building Code and Inspection; Emergency Medical Technician. University of Minnesota, Minneapolis, Minn. Communication 101s 102; Organization for Fire Prevention; Advanced Fire Administration. United States Navy, Aviation Electricians' School. Patrick Henry High School, Minneapolis, Minn. Graduated June, 1968. MILITARY August, 1969 to November, 1972: United States Navy, Viet Nam. SERVICE: November, 1972 to Augu_et, 1975: U. S. Naval Reserve NAITO, Twin Cities September, 1981 to September, 1983: Army National Guard 47th Aviation Btn. St. Paul, Minn. September, 1983 to February, 1987: Air National Guard 109th Aeromedical Evacuation Flight Minneapolis, Minn. February, 1987 to Present: Air National Guard 133rd Combat Engineering Flight Fire Department Minneapolis. Minn. MEMBERSHIPS! National Fire Protection Associating Fire Marshals' Association of Minnesota International Association of Arson Investigators Minnesota Fire Protection Count ll International Association of Firefighters Fire Service Education Task Force State Fire Marshal Code Advisory Panel CERTIFICATIONS. Certified Building Official, Class II, State of Minnesota F0953 Nationally Registered Emergency Medical Technician, F891 Fire Department Crew Chief, U. S. Air Force Designated Aircrew Member, U. S. Air Force Vocational Education Instructor, State of Minnesota Fire Safety Inst rector, Minnesota Multi -Housing Association Qualified expert witness in Hennepin County Municipal Court RECENT Developed a fire inspection form and guidebook for use in fire ACCOMPLISH- inspection programs; MENTS: Developed a computer -based local fire information system designed to identify high fire -incidence occupancies and areas of the city; Developed and taught the Fire Inspector I course for the Hennepin Technical Center's Fire Education curriculum; Received a certificate of appreciation for community service from the St. Louis Park Community Education Department; Developed a uniform procedure and format for State Fire Code Variance requests to the State Fire Marshal. PROFESSIONAL Allen Rupp, Supervisor REFERENCES: Deputy State Fire Marshal 2901 Councry Food Drive Burnsville, Mn. 55337 296-8563 Arlo Hasse, Building Official City of St. Louis Park 3005 Minnetonka Boulevard St. Louis Park, No. 55416 924-2581 Glen Miller, Investigator 13722 Nicollet Avenue 4189 Burnsville, Mo. 55337 894-3882 Leroy Freiborg, Assistant Chief St. Louis Park Fire Department 5005 Minnetonka Boulevard St. Louis Park, Mr. 55416 924-2596 Ernie Peterson, Zoning Administrator City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Mr. 55416 924-2584 Nary Nachbar, Fire Marshal Minnetonka Fire Department 14600 Minnetonka Boulevard Minnetonka, Mr. 55345 933-2511 • Matu een Steele Bellow AIA AHCI IIfECIl 141: MAUREEN STEELE BELLOWS 265 Brown Road South Long Lake. Minnesota 55356 612 475-9050 PERSONAL b. 26 January 1950 husband, Charles Sanger Bellows Jr. children, Charles III, Marcus EDUCATION B. Arch. 1977 University of Minnesota B.A., Urban Design 1972 Wellesley College The Pingree School South Hamilton, Massachusetts EXPERIENCE Maureen Steele Be ''ows, AIA Long Lake, Minne- June 1987 to prei .t Associate Professor Department of Architecture University of Minnesota September 1984 to June 1986 Bellows 8 Yunker Architects Inc. Minneapolis. Minnesota May 1984 to present Skidmore, C.:;rc_ ; Merrill Chicago, Illinols November ISO. ;.,nu&ry 1904 C. F. Murphy and Associates (Now Murphy�Jdhn) Chicago, Illinois April 1979 to November 1980 WA Bnwn R,wl ti,a,W Ln4( IAkc\Ihm..nwFMV-'Ai (ii2-47A-!Mn(11 Perkins and Will Chicago, Illinois Hammel Green and Abrahamson Minneapolis, Minnesota Minneapolis City Planning Dept. Minneapolis, Minnesota University of Minnesota Planning Department Minneapolis, Minnesota F. Frederick Bruck 6 Assoc. Cambridge, Massachusetts PROFESSIONAL American Institute of Architects ASSOCIATIONS Minnesota Chapter AIA 884 Dakota Avenue Long Lake, MN U.B.A. 55356-9608 May 16, 1988 Tom Jacobs, Building Inspector CITY OF ORONO Dear Tom: RE: resume Per our discussion of a feu days ago, listed below is some biographical information for a resume for the appeals hearing. Resident of Orono for about, eleven years. Education includes a B.A., M.A.T., and additional graduate work in Psychology. President of Efficient Shelter, Inc. In residential building and remodelling company not currently active) and of Program Development, Inc. Currently work as a self-employed microcomputer business consultant. Member of Planning Commission for approximately eightteen months. I consider my strongest ability in constructions is my comprehensive knowledge in nearly all areas of residential construction and my experience as a Planning Commission Member. Hope this is what you want --if you need more, I can give you volumes! (Don't we all love to talk about ourselves?) gin rely yours, mes F. Hanson JFH/mspt Page 1 of I C-)LICIT" C A RESOLUTION ESTABLISHING A BUILDING CODE BOARD OF APPEALS WHEREAS, The City of Orono (hereinafter "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City, having duly considered the matter pursuant to State Building Code Section 1305.0500 Section 204, 2nd Uniform Building Code Section 204 hereby establishes "The Orono Building Code Board of Appeals"; and WHBRBAS, the City Council of the City having duly considered the quilifacations pursuant to Uniform Building Code Section 204 hereby appoints the following persons to the Board of Appeals. 1. Steve Anderson, Minnetonka Fire Inspector 2. Tom Anderson, Hopkins Building Official 3. Maureen Bellow, AIA Architect 4. Jim Hanson, Builder 5. Theodore PaulFranz, Edina Fire Chief WHEREAS, the City Council of the City has appointed the Board of appeals, it shall meet when requested by the Building Official in order to determine the suitability of alternate materials and methods of construction, and to provide for a resonable interpretation of the building code. WHEREAS, the City Council of the City has found that compensation to the board members be paid by the appellant at $50.00 per member, and the Building Official's rate per hour. WHBRAS, the City Council of the City directs the board members to establish reasonable rules and regulations for conducting its investigations, and shall render all decisions and findings in writing to the Building Official, appellant, City Council, and State Building Code division, within 15 days. Page ] of 2 WHEREAS, the City Council of the City directs the Building offical to he a exofficio member and act as secretary to said board. Adopted by the Orono City Council on this 13th day of June, 1908. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 2 of 2 6988.5 J ii 5u TO: Mayor and City Council 13 t; PROM: Mark Bernhardson, City Administrate DATE: June 9, 1988 SUBJRCT: 1988 Marina Licensing ISSUE - Informational update on marina licensing process. INTRODUCTION - As the Council's May 23, 1988 meeting it had been indicated that staff would have a recommendation regarding the 1988 marina licensing process. While staff continues to work on the process Mike Gaffron has not had the opportunity to conduct all the required site visits. When complete staff will provide Council with a summary of the anticipated changes by the marinas since the last licensing and a recommended process. PROPOSED MOTION - Moved by , seconded by , the Orono Council accepts the information provided by staff. Ayes , Nays cc: Mike Gaffron, Asat Planning a Zoning Administrator w 53188.7 i.'..,,'.'.�7iNG TO: Mayor and City Council JU1! 13 19u8 FROM: Mark Bernhardson, City Administrato y� DATE: May 25, 1988 1 Vf U4' HOW SUBJECT: Sewer Hook-ups - Crystal Bay Attachment: A. List of Properties Presently Not Hooked UP B. Ordinance No. 9.92 Relating to Sewer Hook Ups ISSUE 1. Presentation of information regarding properties not presently hooked up to sewer in the Crystal Bay neighborhood. 2. Outline of remedies that the City has in relationship to the requirement of hook ups. 3. Determination as to course of action to be taken in relationship to these properties. INTRODUCTION - Of the 82 properties that were in the sewer iiaessment area for Crystal Bay, 69 properties have hooked up to sewer. The requirement for hook up for all occurred in October 1987, 16 months after the completion of the project. DISCUSSION - Of the properties not hooked up possible Issues relited to their hook up are listed in Attachment A. As noted the Art Center is not hooked up pending the settlement of the assessment and a couple of the properties are awaiting the City to resolve the issues of easements on their property before they will hook up. As for the others, the City is unsure as to why those hook ups have not taken place. The City may have three avenues under the authority of its ordinances to undertake the hook ups for these properties. 1. Undertaking petty misdemeanor action through the criminal courts for failure to hook up. 2. Paying contractors to make the necessary hook ups and assess the costs against the property. 3. Initiate hazardous building proceedings. It should be noted that all these properties have been put on the City's billing system since October and have been paying the quarterly charge of $51.00. ALTERNATIVES Issue 1. Re_c_eiPt of Information - 1. Receive Tnformation 2. Table Issue 2. Methods to Nook Ue 1. Accept as Information only 2. Amend and accept as information only 3. Request Attorney advise 4. Table Issue 3. Courses of Action 1. Take no action 2. Table 3. Direct staff to undertake criminal prosecution 4. Obtain contractors estimates for hook up 5. On selected properties resolve issues related to easments prior to taking steps 43 or 44. RECOMMENDATION - It is recommended that the City provide a fair offer for hose people who currently have easements and indicate that the City will be undertaking appropriate action to require hook up in the near term which may include criminal citations. It is expected 6-7 will be left after July 1. PROPOSED MOTION - Moved by - , seconded by _ , that the Council direct staff to provide those people with outstanding easement questions with the City's current offer and that the staff be directed in July to advise Council as to recommended courses of action on any outstanding hook ups. Ayes __, Nays 6988.3 CRYSTAL BAY SEWER P1: -'CT RESIDENTS NOT CONNECTED 2140 Prospect 2180 Prospect 1276 Arbor Street 1271 Arbor Street 1290 Arbor Street vacant Lot on Arbor 1130 Willow Drive 1120 Willow Drive 1145 Willow Drive 2189 North Shore Drive 2240 North Shore Dive 1223 Brown Road South 1245 Arbor Street Expect 1 July hook up Currently uninhabited Change as to owners Unknown Expect 1 July hook up No need to hook up Easement dispute Easement dispute SAC charge paid - expect 6/15 hook up Art Center - Assessment Art Center - Assessment Easement dispute Expect 1 July hook up t.mto(T 6 5 9.01 Ti. It is unlawful to store organic refuse unless it is drained and wrapped. Subd. 3. Deposit. It is unlawful for any person to deposit in the City any refuse from any source, rubbish, offal, or the body of a dead animal, in any place other than a licensed sanitary landfill. Subd. 4. Fire Danger. It is unlawful for any person to store, deposit or dispose of any refuse which is in flames or heated to the point where it could cause danger of fire in other refuse. Subd. S. Landfill. No sanitary landfill shall be operated unless licensed by the City. SEC. b.02. Sh ITATION FACILITIES REQUIRED. Every dwelling and at least one '.able building on any property occupied for business purposes the City shall be provided with running water and at least one t.otlet and one lavatory maintained in a usable, operational condition at all times except as specifically permitted by the City Code. It is unlawful for any person to fail to provide this minimum level of sanitation facilities for any dwelling or business property in the City, and failure to provide such sanitation facilities shall be cause for the City to commence hazardous building proceedings pursuant to Minnesota Statutes Section 463.15 at seq. Subd. 1. Sewer Connection Required. All plumbing fixtures in a building or structure shall be connected to the City sewer system in accordance with the City Code whenever a City sewer system is available, or when City sewer is not available, shall be connected to a conforming on -site sewage treatment system in accordance with the City Code. Subd. 2. Outhouses Prohibited - Exception. Outhousea, privies or cesspools are prohibited on all properties in the City except for those certain seasonally -used properties located oa isle nds on Lake Minnetonka where outhouses are specifically permitted by the City Code. SEC. 9.03. FAILURE OF INDIVIDUAL SEWERAGE SYSTEMS. It is unlawful for the owner or tenant of any premises to permit an individual sewage disposal system to overflow onto the surface of the ground or the surface of the vtreet, or into lakes or streams, or expose the contents ther<af above ground. SEC. 9.04. DRAINAGE SYSTEMS. .Subd. 1. Definitions. For the purpose of this Section: ORONO CC 201 (4-1-84) Tot Mark E. Bernhardson, City Administrator :U;; 13 `. Front .'ohn P. Gerhardson, Public works Director Duet June 9, 1988 Subject: Driveway Permit Ordinance Attached for review only at this time is the draft Driveway Permit Ordinance. Recommendation to accept the draft Driveway Permit Ordinance at this time and to table the matter for final approval at the June 27, 1988 Council meeting. Proposed motion moved, second to accept the draft Driveway Permit Ord— na�t this t me a� nd to table the matter for final approval at the June 27, 1988 Council meeting. TO: Mayor and City Council FROM: Mark Bernhardson 174 ii Forwarded recommending approval. DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS and 6.06 OF THE CITY OF ORONO MUNICIPAL CODE RELATING TO DRIVEWAYS, PUBLIC AND PRIVATE ROADS THE CITY OF ORONO DOES ORDAIN: Section 6.01, Subdivisions 1, 2, 3 and 4 of the City of Orono Municipal Code are hereby deleted. A new section 6.01 is added to read as follows: Section 6.01 DEFINITIONS. Subd. 1. Except as otherwise defined in the City Code, or where the context clearly indicates a contrary intent, the words and terms defined in Minnesota Statutes, Chapter 169 shall be applicable to the City Code, Chapters 6, 7 and S. The following words and terms, when used in this Ordinance, shall hay.: the following meanings, unless the context indicates otherwise: A. "Corner" means the point of intersection of the extension of lines of two public or private curb faces. B. "Curb Cut" means the opening along a street curb line or pavement edge for the purpose of motor vehicle ingress and egress from a roadway. Curb cut width shall include the width of the driveway approach and of the curb returns, if any. C. "Curb Return" means that portion of a curb next to a driveway approach which includes the radius or curvature or the ramp -type lug on commercial or industrial type pavements and which connects the driveway approach to the public or private road curb. D. "Driveway" means a paved Or otherwise delineated area on private property for the operation of automobiles and other vehicles. E. "Driveway Approach" means a paved or otherwise delineated area, on the right-of-way between the roadway of a public or private road and private property, intended to provide ingress and egress for vehicles from a private or public road to private property. A driveway approach must provide access to a parking area, a driveway, a door intended and used for the entrance of vehicles, or other similar structure or facility. Driveway approaches shall be of two classes: a) resident driveway approaches; and b) business driveway approaches. F. "Business Driveway Approach" means a driveway approach from any public right-of-way providing motor vehicles with ingress and egress from the public or private road to any property other than a single family dwelling. -2- G. "Resident Driveway Approach" means a driveway approach from any public or private right-of-way providing ingress and egress for motor vehicles from the public or private road to a single family residential dwelling. H. "Driveway Turnaround" means a paved or otherwise clearly delineated area which is part of or connected to a driveway or driveway approach, on private property, sufficient in size for an automobile or other vehicle to turn 180 degrees without leaving the paved or delineated area. I. "Frontage" means the lot line abutting a public or private street. J. "Parcel of Land" means a lot or contiguous lots or a tract officially registered under one ownership. R. "Private Road" means any street or roadway which has not been dedicated to public use, or which is not maintained by public funds, but which is open to travel pursuant to an easement between persons or between a person or persons and the City. -3- L. 'Public Road" means the entire area dedicated to public use, or contained in a plat, an easement or other conveyance, grant or by adverse possession, to the City or other governmental body, and shall include, but not be limited to, roadways, boulevards, sidewalks, alleys, and other public property between lateral property lines in which a roadway lies. Where traveled public roadways exist in a location not shown on the platting map, the right-of-way shall not be less than ten (10) feet wide on each side of the actual paved or traveled roadway surface. _q- Section 6.05, Subdivision 1(A) and Subdivision 1(B) and Section 6.05, Subdivisions 2, 3 and 4 of the City of Orono Municipal Code is amended to read as follows: SEC. 6.05. CONSTRUCTION AND RECONSTRUCTION OF PUBLIC ROADWAY, SURFACING, SIDEWALK, CURB AND GUTTER, DRIVEWAY OR CURB CUTS. Subd. 1. Methods of Procedure. Abutting or affected property owners wishing to contract for, construct or reconstruct public roadway surfacing, sidewalk, curb and gutter, driveway approaches or curb cuts must first obtain a permit from the City in accordance with this Section. Also, with or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, presently beginning with Section 429.011, as the same may from time to time be amended. Subd. 2. Requirement and Application for Permit. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach, curb cuts, roadway surfacing or private improvement in any private road or other private property in the City without a permit in writing from the City. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the same, provided that no permit shall be -5- required for any such improvement ordered installed by the Council. Such application shall also contain information showing the type of construction, the width and the location of an improvement on the parcel of land and the lot and block number it the parcel number and the street and house number and a profile of the proposed improvement, if necessary, and other such information as may be required by the Public Works Director. The application shall be filed by the property owners desiring to construct such a driveway approach, sidewalk, curb and gutter, driveway, curb cut, roadway surfacing or private improvements in any private road or any property in the City, or by his or her duly authorized agent. All such applications shall contain an agreement by the applicant to be bound by this Chapter. A permit from the City shall not relieve the holder from damages to the person or property of another caused by such work. These regulations shall apply to all City, State and County roads. Subd. 3. Issuance of permit. Such permit shall be issued by the Public Works Director, if he or she has determined that the applicant has complied with the terms of this ordinance, the permit fee hereinafter specified has been paid and the Public works Director has approved the driveway, driveway approach, sidewalk, curb and gutter, curb cuts, roadway surfacing or private improvement in any public road or other public property in the City as requested or with stipulated changes. The Public Works Director shall have the authority to refuse to issue a permit when, in the judgment of the Public Works Director, the requested construction would impose an -6- unreasonable hazard to the public. Such decision may be appealed in writing by the applicant to the City Council. The City Council shall have the power to affirm, reverse or modify the decision of the Public Works Director. Subd. 4. Permit Fees. The fees for permits for the construction of improvements as outlined above, shall be as set forth in the City's Fee Schedule which may be amended from time to time. Subd. 5. Revocation of Permit. A. All permits granted for the use of public property under the terms of this Ordinance shall be revocable by the Public Works Director pursuant to the procedure set out below in Section 6.05, Subd. 6, "Authority of Public works Director." B. In addition to the provisions of Section 6.05, Subd. 6, a permit may be revoked by the City Council and City shall have the right to revise, relocate or close any sidewalk, curb and gutter, driveway, driveway approach, curb cut or private improvement in any public road or other public property in the City as the result of the reconstruction of any road, a change in land use, or a major change in the traffic pattern of an existing land use. -7- Subd. 6. Authority of Public Works Director. A. All work done under a permit issued in compliance with this Ordinance shall be under the direction and supervision of the Public Works Director, who is hereby authorized to make the necessary rules, regulations and specifications with respect to materials for and method of construction of a sidewalk, curb and gutter, driveway, driveway approach, curb cut, roadway surfacing or private improvement in any public road or other public property in the City. A copy of such rules and regulations shall be kept on file with the City Clerk. A permit issued under the provisions of this Ordinance may be revoked by the Public works Director when he or she determines that the construction or activity authorized by the permit is not being performed according to the terms of the permit or this Ordinance. B. Notice of such revocation, with a description of the facts supporting such revocation, shall be mailed or delivered to the person named in the permit at the address listed in the permit. C. All work shall cease upon receipt of the Notice of Revocation. D. Any person whose permit is revoked as set forth herein may appeal that revocation to the City Council by filing notice of such appeal with the City Clerk within ten (10) days of the date that the revocation was mailed or delivered. SE E. The appeal of such revocation shall be conducted according to the procedure set forth in Section 6.05, Subd. 3, 'Issuance of Permit' herein. Subd. 7. Submission of Plans to Public Works Director. Any plans submitted to the building Inspector for his or her approval, which include or involve a sidewalk, curb and gutter, driveway, driveway approach, curb cuts, roadway surfacing or private improvement in any public road or other public property in the City, shall be referred by the Building Inspector to the Public Works Director for his or her approval before a building permit shall be issued. Subd. 8. Construction Requirements Generally. In addition to the rules, regulations and specifications as outlined by the Public Works Director with respect to the improvements listed above, the following requirements shall be complied with when work is done under the provisions of this Ordinance. A. All driveway approaches shall intersect the public road pavement at an angle to be approved by the Public Works Director based upon the physical characteristics of the public road, driveway approach and the parcel of land being accessed. Such angle shall be as close as is reasonably practical, in the judgment of the Public Works Director, to a right angle to the pavement of the public road. -9- B. No curb cuts shall be made in such a way that the curb return extends beyond any property line as projected, except when consented to, in writing, by the ajoining property owner involved. Said consent, if necessary, shall be submitted to the Public Works Director prior to the issuance of a permit. C. The top of the paving of the driveway approach slab at the curb line shall be 1-5/8 inches above the flowline of the gutter, and shall not extend into the gutter beyond the face of the curb or beyond the gutter line, and shall not be constructed in -a manner that will in any way interfere with the use of the road for the purpose of travel or maintenance. the constructed public road shall not be excavated in the process of constructing the driveway unless previous approval, in writing, has been granted by the Public works Director. D. Driveway culverts shall be provided and installed by the owner as required by the Public Works Director. E. Driveways shall not be constructed over curb stops or catch basins, if at all possible. If there is not other feasible location for the driveway, it -10- shall be the responsibility of the applicant to set the curb stop or catch basin cover flush with the final driveway surface. F. The owner and contrfall protect the public from injury or damagb -,g the construction of the sidewalk, curb and gutter, driveway, driveway approach, curb cuts, roadway surfacing or private improvement in any public street or other public property in the City and any permit issued pursuant to this Ordinance shall contain the agreement of the applicant that the City shall not be liable for damage which may arise from the result of work, and that the applicant will hold the City harmless for any liability incurred by the City as a result of such activity. G. Trees or shrubs shall not be placed adjacent to a driveway so as to constitute a site distance problem. H. If a parcel of land has frontage on both a cul-de-sac portion and a "lead-in" portion of the public road, the driveway shall be constructed off the "lead-in" portion of the public rnad and not the cul-de-sac. -11- Subd. 9. Specifications and Standards. All construction and reconstruction of roadway surfacing, sidewalk, driveway, curb and gutter improvements, includinq curb cuts and driveway approaches, shall be strictly in accordance with specifications and standards on file in the office of the City, and open to inspection and copying there. Such specifications and standards may be amended from time to time by the City, but shall be uniformly enforced. Subd. 10. Inspection. The City shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the City if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work. Section 6.06, Subdivisions 1, 2, 3 and 4 of the City of Orono Municipal Code are hereby amended to read as follows: SEC. 6.06. CONSTRUCTION AND RECONSTRUCTION OF PRIVATE RVADWAY SURFACING, SIDEWALK, CURB AND GUTTER, DRIVEWAY APPROACHES, OR CURB CUTS. Subd. 1. Methods of Procedure. Abutting or affected property owners may contract for, construct or reconstruct public roadway surfacing, sidewalk, curb and gutter, driveway approaches or curb cuts in accordance with this Section. Subd. 2. Requirement and Application for Permit. It 1s a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway approach, curb cuts, roadway surfacing or priva improvement in any private road or private property in the City without a permit in writing from the City. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the same, provided that no permit shall be required for any such improvement ordered insta 1 by the Council. Such application shall also contain informatio:. :,,owing the type of construction, the width and the location of an improvement on the -13- parcel of land and the lot and block number or the parcel number and the street and house number and a profile of the propo. provement, if necessary, and other such information as may he requir�J the Public works Director. Th^ application shall be filed by the property owners desiring to constru.* uch a driveway approach, sidewalk, curb and gutter, driveway, curb cut, roadway surfacing or private improvements in any private road or any property in the City, or by his or her duly authorized agent. All such applications shall contain an agreement by the applicant by this Ch,.•,ter. A permit from the City shall not relieve the holder from ria;aages to the person or property of another caused by such work. These rf,gulations shall apply to all City, State, County and private roads. Subd. 3. Issuance of Permit. Such permit shalt .ed by the Public Works Director, if he r she l,ns determined OF applicant has complied h the term,of this ordinance, the permit fee hereinafter specified has been paid and the Public Works Director has arpcoved the drivew: 3walk, curb and gutter, curb cuts, roadway surfacing or priv _mpr r- t in any private road or other private property in the City as , .,ed or with stipu,.ted changes. The Public works D' a -tor shall have. .� authority to refuse to issua a permit when, i,'••r he Public Works Drrector, the requested cons- 33e an unreasonable hazard to the public. Suc., -_ y ornealed in writing by the applicant to t r.. :.i ty Ccun - , _y Cc :•- i l shall ha,.- the power to affirm, t:. erse or modify tn.. dc_,Sion of the Public Wseks Director. -14- Subd. 4. Permit Fees. The fees for permits for the construction of improven,ants as outlined above, shall be as set forth in the City's Fee Schedule which may be amended from time to time. Subd. 5. Revocation of Permit. A. All permits granted for the use of private property -under the terms of this Ordinance shall be revocable by the Public Works Director pursuant to the procedure set out below in Section 6.06, Subd. 6, "Authority of Public works Director." B. in addition to the provisions of Section 6.06, Subd. 6, a permit may be revoked by the ^.ity Council and City shall have the right to revise, relocate or close any sidewalk, curb and gutter, driveway, driveway approach, curb :ut or private improvement in any private rnad or other private property in the City as the resu' -he ,nstruction of any road, a change in land use, or a majc ,e in the traffic attern of an existing land use. Sw d. 6. Authoricy of Public works Director. A. All work done under a perinit issued in compliance with this Ordinance shall be under the directirn and supervision of the Public Works Director, who hereby authorized to make the necessary rules, regulations ar' ecifications with respect to -15- . materials for and method of construction of a sidewalk, curb and gutter, driveway, driveway approach, curb cut, roadway surfacing or private improvement in any private road or other private property in the City. A copy of such rules and regulations shall be kept on file with the City Clerk. A permit issued under the provisions of this Ordinance may be revoked by the Public works Director when he or sha determines that the construction or activity authorized by the permit is not being performed according to the terms of the permit or this Ordinance. B. Notice of such revocation, with a description of the facts supporting such revocation, shall be mailed or delivered to the person named in the permit at the address listed in the permit. C. All work shall cease upon receipt of the Notice of Revocation. D. Any person whose permit is revoked as set forth herein may appeal that revocation to the City Council by filing notice of such appeal with the City Clerk within ten (10) days of the date that the revocation was mailed or delivered. E. The appeal of such revocation shall be conducted according to the procedure set forth in Section 6.06, Subd. 3, "Issuance of Permit" herein. -16- Subd. 7. Submission of Plans to Public Works Director. Any plans submitted to the Building Inspector for his or her approval, which include or involve a sidewalk, curb and gutter, driveway, driveway approach, curb cuts, roadway surfacing or private improvement in any private road or other private property in the City, shall be referred by the Building Inspector to the Public Works Director for his or her approval before a building permit shall be issued. Subd. 8. Construction Requirements Generally. In addition to the rules, regulations and specifications as outlined by the Public Works Director with respect to the improvements listed above, the following requirements shall be complied with when work is done under the provisions cf t`'.s Ordinance. A. All driveway approaches shall intersect the private road pavement at an angle to be approved by the Public works Director based upon the physical characteristics of the private road, driveway approach and the parcel of land being accessed. Such angle shall be as close as is reasonably practical, in the judgment of the Public Works Director to a right angle to the pavement of the private road. -17- B. No curb cuts shall be made in such a way that the curb return extends beyond any property line as projected, except when consented to, in writing, by the ajoining property owner involved. Said consent, if necessary, shall be submitted to the Public Works Director prior to the issuance of a permit. C. The top of the paving of the driveway approach slab at the curb line shall be 1-5/8 inches above the flowline of the gutter, and shall not extend into the gutter beyond the face of the curb or beyond the gutter line, and shall not be constructed in a manner that will in any way interfere with the use of the road for the purpose of travel or maintenance. The constructed private road shall not be excavated in the process of constructing the driveway unless previous approval, in writing, has been granted by the Public works Director. D. Driveway culverts shall be provided and installed by the owner as required by the Public Works Director. E. Driveways shall not be constructed over curb stops or catch basins, if at all possible. If there is not other feasible location for the driveway, it shall be the responsibility of the applicant to set the curb stop or catch basin cover flush with the final driveway surface. -]B- F. The owner and contractor shall protect the public from injury or damage during the construction of the sidewalk, curb and gutter, driveway, driveway approach, curb cuts, roadway surfacing or private improvement in any public street or other public property in the City and any permit issued pursuant to this Ordinance shall contain the agreement of the applicant that the City shall not be liable for damage which may arise from the result of work, and that the applicant will hold the City harmless for any liability incurred by the City as a result of such activity. G. Trees or shrubs shall not be placed adjacent to a driveway so as to constitute a site distance problem. H. If a parcel of land has frontage on both a cul-de-sac portion and a "lead-in" portion of the private road, the driveway shall be constructed off the "lead-in" portion of the private road and not the cul-de-sac. Subd. 9. Specifications and Standards. All construction and reconstruction of roadway surfacing, sidewalk, driveway, curb and gutter improvements, including curb cuts and driveway approaches, -19- shall be strictly in accordance with specifications and standards on file in the office of the City, and open to inspection and copying there. Such specifications and standards may be amended from time to time by the City, but shall be uniformly enforced. Subd. 10. Inspection. The City shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the City if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work. NEH:ply/7590H -20- 6888.2 To: Mark Bernhardson, City Administrator JUN 1319S8 FROM: Tom Ruehn, Finance Director-7144K• C'f 11 Of 'Ou"M DATE: June 8, 1988 SUBJECT: Close Out G.O. State Aid 1979 Road Bond Debt Service Fund Attachment: A. Proposed Resolution to Close the G.O. State Aid Road Bonds of 1979 Debt Service Fund to the P.I.R. Fund Road and Bridge Account B. Resolution t2218 Establishing the P.I.R. Fund Road and Bridge Account ISSUE - Adoption of resolution to close the G.O. State Aid 1979 Reid_ Bond Debt Service Fund (referred to as the 01979 Road Bond Fund'). INTRODUCTION - The 1979 Road Bond Fund was established to account fhi the -payment of the debt service on the $279,000 G.O. State Aid Road Bonds issued on July 1, 1979 to finance the construction and improvement of municipal state aid street (McCully Road). The debt service has been paid from annual Minnesota Municipal State Aid construction allotments. The final installment of bond print'pal, interest and fiscal agent charges was April 1, 1988. DISCUSSION - The fund balance remaining on May 31, 1988 is bT-J09.96 and is the result of the annual allotments frcm the State, plus interest earned on invested funds exceeding the annual debt service bond and interest and fiscal. agent payment requirements. As the fund was established to pay the debt related to road construction and as the fund is no longer required, it is my recommendation to close it and transfer the remaining fund balance to the road and bridge construction, maintenance, and repair projects account in the P.I.R. Fund. TO: Mayor and City Council FROM: Mart Bernhardson, City Administrate wt Forwarded recommending approval. PROPOSED MOTION - Moved by seconded by I to adopt Resolution t _ closing the G.O.--State Aid 1979 Road Bond Debt Service Fund to the P.I.R. Fund Account for Road and Bridge Construction, Maintenance and Repair Projects. Ayes __, Nays __ 6888.3 A RESOLUTION TO CLOSE THE G.O. STATE AID 1979 ROAD BOND DEBT SERVICE FUND TO TEE P.I.R. FUND ACCOUNT FOR ROAD AND BRIDGE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS WHEREAS, the G.O. State Aid 1979 Road Bond Debt Service Fund was established to account for the payment of said bond principal and interest; and WHEREAS, the final payment of bond principal and interest was on April 1, 1988 and the remaining fund balance of $7,309.96 at May 31, 1988 is no longer required for debt service; and WHEREAS, on June 22, 1987 the City established the P.I.R. Fund Account for Road and Bridge Construction, Maintenance and Repair Projects so that a source of funds would be available for road/bridge projects. NOW, THEREFORE BE IT RESOLVED, that the G.O. State Aid 1979 Road Bond Debt Service Fund be closed and that the fund balance at May 31, 1988 of $7,309.96 be transferred to the P.I.R. Fund Account for Road and Bridge Construction, Maintenance and Repai: Projects. Adopted by the Orono City Council of the City of Orono, Minnesota at a regular meeting held June 13, 1998, James R.—Grabek, M,yoi ATTEST: ___. _ __ Dorothy M. Nallln, City Clerk City of ORONO RESOLUTION OF THE CITV COUNCIL NO. 2210 ..17 A RESOLUTION TO ESTABLISH AN ACCOUNT FOR ROAD AND BRIDGE CONSTRUCTION, MAINTENANCE, AND REPAIR PROJECTS WtIRREAS, the City of Orono has need of a funding source for the major road/bridge construction, maintenance and repair projects not covered by the normal street department operating budget or by the Municipal State Aid system; and WHEREAS, the Municipal State Aid Construction Fund has accumulated interest earnings, not now required for MSA projects. NOW, THEREFORE BE IT RESOLVED, that the accumulated interest earnings through December 319 1,986 of $188,686.36 be transferred from the Municipal State Aid Construction Fund to establish the PIA Fund Account for Road and Bridge Construction, Maintenance and Repair Projects; that the 1987 and future interest earnings be credited to said Account. BE IT FURTHER RESOLVED, that expenditures from said Account are restricted to road and bridge projects, as approved by Council. Adopted by the Orono City Council of the City of Oronn, Minnesota at a regular meeting held June 22, 1987. Jam R. Crabek, Mayor f.TTF.ST: Dorothy Ha lrn, City C— er�— Tos Mark E. Bernhardson, City Administrator From: Jeanne A. Mabusth, Building 6 Zoning Administrator-' Dates June 9, 1988 Subjects Employment - Summer Septic Inspector For the past two years the Building 4 Zoning department has hired a temporary, full-time employee to assist with the City'■ on -site septic inspection program for a period of approximately 11 weeks during the summer months. Last year's employee program was as successful as the previous year. In 1986, 50% of the existing septic systems were inspected and in 1967 where the summer employee also assisted with the land use applications, approximately 30% of the systems were inspected, we are once again fortunate to have two perspective University students es final candidates for the position this summer. I should add that this year we do not plan to use the temporary help for land use assistance. Staff devotes a great deal of time in the training for the lard use review. The temporary employee leaves just when their training begins to produce for the department. This year it is my intention to use the employee just for the septic inspection program as in the 1986 season. I would recommend that the position be filled by June 15, 1988 at $7.00 an hour, ($280.00 weekly). The position shall be classified as temporary, full-time employment, not to exceed 120 days of employment with the City. The City will be responsible for contributing 1.51 of the total wages to Medicare. Total wages = $4,200.00 (15 weeks times $280.00) Medicare payment - $60.90 (1.451 of $4,200.00) Total - $4,260.90 1988 budget provided $4,500.00. I have enclosed the applications for employment for the final two candidates. The final decision as to the selection of the employee will be made this Friday p.m. after war last final interview. Staff will be able to confirm the name of tli:r employee at the June 13th meeting for the Council. TOR Mayor Grabek Council Orono CCouncil Members `\5 Proms Mark E. Bernhardson, City Administrate„✓ Forwarded recomanding approval: 1'` Proposed motion: moved by , secondel by , to approve the hiring of, a temporary full-time aide for the Septic On - Site Program for the period beginning June 15, 198S through September 23, 1968 at on hourly wage of $7.00. Ayes Nays cc Tom Kuehn, Financil Director Personnel File Pl.asc rrtnm or �11 1LILil Datc Received BOX GG C1USNI 00;17, 1111Nid. 55323 CITY OF ORONO APPLICATION FOR EMPLOYMENT Dear Applicant, We welcome you as an applicant for employment. Your application will be considered with others. It is our policy to provide equality of opportunity In employment. This policy prohibits discrimination on the basis of racf, 16%r, religion, national origin, political affiliation, disability, marital status, sex or age (between 40 and 65) In all aspects of our personnel policies, programs, practices and operations. This policy apply to full, part-time, temporary, and&asonal employment. The Infer iation contained in this application will be considered personal and confidential and used only In conjunction with your possible employment. Please furnish us with complete information. You are encouraged to attach any additional information which you believe qualifies you for the position. Please use INK OR TYPEWRITER. I. Title or Kind of work applied for: — Permanent Part4ime Date Available: --1- Temporary — Seasonal 2. PERSONAL INFORMATION 3. Name Last First Middle Social Security No. FiriY /G f9 I: .`UL 4. Present Address City County State Zip Code �2111 CxrTlc71 Ave. :9,3 St. Pawl IS40 5. Home Phone No. _ Work Phone No. 6. Do you have any Physical or Health limb •a which affect your work perfr. rmana7 Yea No if You have answered yas, please use an additional sheet to explain. 7. If you are not a citizen of . ited States, do you have Bureau of Immigration approval to work in the U.S.? Yes No EDUCATIONAL INFORMATION (To he completed only if education is a job requirement) Code the hightst - Grade School High School College Post Graduate grade completer) 1 2 3 4 5 6 7 8 9 10 11 12 or GED I31415'16 MA Phd Lib -2. Degree or Trots of School Name and Address of School From To Cerr'ricale Maior —'— High School F;dky 5: Ni h$chanl (0100 Dr. F.;dlev. Xi Qj•}Ip rj-}� ( "" College or University 4e y Ner+1 en.iepi 1 Cem. Ileye Bemidji Starr Un:vcrsi 3.61 9-91 •81 3-9Z_ College or University Uaevraaily e(.Mirwesafes. 3-62 pmu'lt Graduate School Technical Technical List any correspondence courses, special coi rses, seminars, workshops, training, and skills acquired that might relate to this position. Please review the job description before answering this question. $ mli CUuursrlL i tnu+e. hat, -%J would help Yne 'an ik:s 'fosi{i -' Wev td iw C&10lu4 rxnd ia.(iits ;Or wtdIrStRnelivil aA4 estinu�fivey earvfrs:�. prbu55es ft+ak so do I_...... ,o,itiriy aM bawl rnanpesitl. , [nurses prr Le. . k1'Pa✓ level :-,. ':c. ec CaurLS t hydnbyy „.I Dull 'u ony W r ..•_.•..: nreb.irea5 a..d TA_L List any current licenses, registrations, or certificates that you poasn& Include drivers license number, class and Stare of Issue. L14U I_ ... s i..4n(.e-MN- TO BE COMPLETED BY APPLICANTS FOR CLERICAL, ADMINISTRATIVE • FISCAL POSITIONS ONLY Typing Ability: ( ) yes ( ) no —WPM Business Machines and Experiences: __ Shorthand Ability: ( ) yes ( ) no -- Wr.n Bookkeeping Experience: TO SE COMPLETED BY APPLICANTS FOR LARM %SKILLED TRADE POSITIONS ONLY Apprenliceship(s) served cc "' Its learned: _ C.giahle of operating the fallowing equipment. _- -3- EMPLOYMENT HISTORY - Plea% list past amployen beginning with your most recent employment: If necessary, Employer's Name i�"° "i � t [ tr.-r'.: 1.'Miiling Address Zip co" Ph�o�. LNuO�f. Ibb qa+ ••, , ', !yyi UP i c ,-:i Cirdt St. liu l M1f 55105 Igotrip Twbriph. .Ja Chi land V� - Position Held Duties Performed: r, eV'ah PlokI run bkjlit,; c,.l an..• -N.;A wo; F. in, !tttw•i i. elu..elbsn Immediate Supervisor: Employment Dates: JkLe AW From (c-esl To Last Sala y Full Time ( ) ►art Tim QQ 11v,4., .-ri,g6 e.'MamGH IV Reason for Leaving:,,,, e.<. C • 'k'::jrsiry,sr- lo•tr Nay suer contact your present employer? t-') yes ( ) no ` If no, please explain: '' — —_Zip EmptoYer's NaMe I Maihnn V •,s Code Phone No. ,. 'rP Position Held t, Duties Perl a,m.cd:. _,., ....... YL. s i lmmeo.ate Supervises-: -. {.L. r I. — Dates. Last Salary Full :'me - Part T;—e ( ) �Employment From +-56 To L -B} Reason for Leaving: )aoL a♦ w peSi i •� . — r over+ WamP Malting Address ip Coda Phone No. I Position Held Duties Performed: superYitor: --- Employnsem Deus: Lot Salary Full Time ( ) hire Tim ! From To R,es.,n I,.i Leaving: UNSALARIED EXPERIENCE Volunteer Organiaatkm 1,6'WCrSikj Fi)vn SXje*i Mailing Address Phone No. Position Held: - 'OK eti¢ iglu. 3cr- Duties Performed: nLt.�j,�oak Fn l-ea'is '� Immediate Supervisor: \ oc- yttan5 Data of Participatit Volunteer Organizatia -fj z tv Hours Per Week 4. Mailing Address Skills Learned: Phone No. Position Held: Duties Performed: Immediate Supervisor: Data of Participation: Hours Per Week Skills Learned: Lit additional information on separate sheet If necessary. CONVICTION INFORMATION We declare that the existence of a criminal conviction record will not automatically disqualify you from employment with us, though certain types of criminal conviction may prohibit you from working in certain positions. Have you ever been convicted as an adult for a criminal violation? Ya ( ) No (�-r If yes, date and place Nature of Offense Disposition If yes, date and place Nature of Offense Disposition I hereby certify that all answers to the above questions are true and I agree and understand any false statements contained In this application may cause rejection of this application or termination of em- ployment. I authorize that a transcript may be requested where necessary to verify any educational re. cord. \—�-- Signature —��—�� �_ ��-_-- Dale Yelephone 4 (J 7a 7 I CITY of ORONO ! rug Ofnoe Ilox Ws(:ryeml nay. Minnesum WMM'hlunloleel ofn On the North Share of Lake Minnetonka I AUTHORIZATION TO RELEASE INFORMATION As an applicant for a position with the City of Orono* I hereby expressly authorize release of any and all information which you may have concerning me, including information of a confidential or privi- leged nature, which relates to my qualifications for this position. I hereby release the City with which I am seeking employments and any organisation, company or person furnishing information to the city as expressly authorized above, from any liability which may result from furnishing the information requested. Date: Applicant's . Signature: 1g_ Applicant's Full Printed Name: Applicant's 1 Address: (Number) (Street) (city) (State) (Zip) Applicant's Social Security #:_ Plcnu ictom to: 41�Y Or O ONO Date Received -. BOX 66 CRYSTAL OAY, MINI). 55313 DI- CITY OF OI20N0 APPLICATION FOR EMPLOYMENT Dear Applicant, We welcome you as an applicant for employment. Your application will be considered with others. It is our policy to provide equality of opportunity in employment. This policy prohibits discrimination on the basis of raci, furor, religion, national origin, political affiliation, disability, marital status, sex or age (between 40 and 65) in all aspects of our personnel policies, programs, practices and operations. This Policy apply to full, part -lime, temporary, andibsonal employment. The information contained In this application will be considered personal and confidential and used only in conjunction with your possible employment. Please furnish us with complete information. You are encouraged to attach any additional information which you believe qualifies you for the position. Please use INK OR TYPEWRITER. 1. Title or Kind of work applied for: — Permanent — Part-time Date Available: J \:IJL 1rI rfirYr Temporary —Seasonal 131 2. PERSONAL INFORMATION 3. Name Last First Middle Social Security No. 4. Present Address City County State Zip Code Z113 Zcit^ nQL sc. MCLS 1VENN IYIIV 4Cb S. Home Phone No. Work Phone No. 6. Do you have any Physical or Health limitations which affect your work performance? Y:s if you have answered ym, please use an additional sheet to explain. 7. If you am not a citizen of the United States, do you have Bureau of Immigration approval to work In the U.S.? Yes No EDUCATIONAL INFORMATION IT be tompleted only if education is a job requirement) 8. Circle the highest Grade School High School Colle a Post Graduate grade completed 1 2 3 4 5 6 7 8 9 TO 11 17 or GED 13 14 Q516 MA Phd Llb -2- Degree or Tvoes of School Name and Address of School From To rirtlfirm. M2I,.. -- High Scholl ml r� nn HcLN 5rLw Qtx':2�i College or University hk - Ig( (I17kStlu _ WFYTi IZ College or University Graduate School Technical Technical 'J."'( .TIt List any correspondence courses, special courses, seminars, workshops, training, and skills acquired that might relate to this position. Please review the job description before answering this question. CNr=TcNm�Nrrk Nt111�11 CoutZS[S (3 rC)TPtL) C^ti.tzv.L,nttrt.>;tt�� QttalYlSS�y CtAm-o9 ,hmui-'v.. NtiPcTN A-mVLI!N4> of CiboNo WfcTtZ 5'(F Ort K \AI s7t t:0 2i s At t- CtY':7w.. — IZCCP-tad Pia \ n.O a \it`l^nwI- t-1r. r.. List any current licenses, registrations, or certificates that you possess. Include drivers license number, a°ls class and State of Issue. C CLP4s'. C3 _ TO BE COMPLETED BY APPLICANTS FOR CLERICAL, ADMINISTRATIVE a FISCAL POSITIONS ONLY Typing Ability: O yes O no —WPM Shorthand Ability: ((yes (j no -- WPM Business Machines and Experiences: Bookkeeping Experiem: _____. TO BE COMPLETED BY APPLICANTS FOR LADOR A SKILLED TRADE POSITIONS ONLY Apprenticeship(s) served or trades learned: Capable of operating the following equipment: -3. EMPLOYMENT HISTORY • Please list put employee beginning with your most recent employment: if necessary, list other employers on additional sheet Employer's Name Mailing Address Zip Code Phone No. m Q�. e ST C e Position Held Duties Performed: Immediate Supervisor: _ Employment Dates: �t Salary Full Time () Part Time (� From Cj I To "�lt•ll1 '7.tl Reason for Leaving: May we contact your present employer? tv) yes ( ) no i If no, please explain: Employer's Name Mailing Address Zip Code Phone No. M P tion Hald _ Duties Performed: f�RIL I Z 7 TlSt `+rtn t 1iIn - r• -Xf i s � - Immediate Supervisor: PL I Li-L MCC Employment Dates: Last Salary Full Time (4 Part Time ( ) From ll' To 9 I .d-4QO Reason for Leaving: !;,"!YIMt' IT 11ri'tR� :I� Employer's Name Position Held hnmediate Supervisor: Employment Dates: h um Tu Mailing Address Duties Performed: r—.. Y —., a, r --- Zip Code Phone No. Last Salary Full Time ( ) Part Time ( ) R::rs -n for Leaving: ,T Volunteer O—rganizatio—n �(i—,,��c11fLL1Z.� Mailing Address - U OF M�:.a Phone o,, 1�•`. .aa-.arG� Position Held. Duties Performed: c--. ' 5.a C:IZ 1 IT'IC i VHll rai Immediate Supervisor: --I' ^ -riaoncw Dates of Participation: C1161 _ I Hours Per Week Skills Learned: 1 ZI C Volunteer Organization s ' •/ l ailing Address 'arl Phone No, Position Held: - Duties Performed: Tm' K2v6 TZ' FITMA, — Immediate Supervisor: Nei �17 Z�(.U'CSG12 i�soi .F1'ErK �.Q C.tf Ul.lr �Z�'E-RM"t Oates of Participation: Hours Per Week Skills Learned: 'tF' �iiLctJ t ad itional inrormation on separate sheet if necessarv. CONVICTION INFORMATION We declare that the existence of a criminal conviction record will not automatically disqualify you from employment with us, though certain types of criminal conviction may prohibit you from working in certain positions. Have you ever been convicted as an adult for a criminal violation? Yes ( ) No (A If yes, date and place Nature of Offense Disposition If yes, date and place Nature of Offense Disposition I hereby certify that all answers to the above questions are true and I agree and understand any false statements contained In this application may cause rejection of this application or termination of em- ployment. I authorize that a transcript may be requested where necessary to verify any educational re- cord. - ` �Signaturo Date I JL 1011IC, 'D-l- i•Yj(L J)"4- i ZN--r .SI\UUt'1Q�� 1rt4�'{ sTO City I.VC 1 C>krgdcri C v LU All at Ct.4L7A'1`1 Ci s'!'\ �C �'xtT -\C' C-�1TlLc..; M'nC-�'Tfw. \�'CA�;'{4! i I?A-_rL,IV 714c, lN)r1cs 0 ►L rR \�tvoLa iYs�LNvi3: YL CWMf�+g�- in, rr3"- l TO ACSW rile n`• I2e •._ennfri ItCIt�Yb: r�, 'I eleVhmie itJ JO "? CITY of ORONO (' I'aml Umrg l:aa tu. Crystal Ilay. NIlnneaute xxz1. Mmd,.ed Miir,% On the North Shore of Lake Minnetonka I AUTHORIZATION TO RELEASE INFORMATION As an applicant for a position with the City of Orono, I hereby expressly authorize release of any and all information which you may have concerning me, including information of a confidential or privi- leged nature, which relates to my qualifications for this position, I hereby release the City with which I = seeking employment, and any organization, company or person furnishing information to the City as expressly authorized shove, from any liability which may rc.:alt from furnishing the information requested. Date: Applicant' \ S ignature • l XkN:: • 4� % �(�_ '• � Applicant's Full-., ul Printed Name• Applicant's Address: Z (13 L��' Pal[ SG• (Number) (Street) (City) (State) (Zip) Applic�. .octal .cy 0:___ 6788.2 0? 9 iiMG Jul) 13 19.3 TO Mayor and City Council 4;YTr PROM: Mark Bernhardson, City Administratorrcy� 1, GP Li w� nV DATEr June 7, 1988 SDEJECTr 4731/4725 North Shore Drive Attachments A. Memo on 4731/4725 North Shore Drive Dated 5/23/80 ISSUE - Presentation of additional information to Council regarding the above referenced addr=sses. INTRODUCTION - At the Council-s Board of Review meeting on May Ie, ffBB tTie resident at 4725 North Shore came in and requested a reduction in his property valuation because of damage done during the storm which he attributed in large part to his abutting neighbor's fill work. He had additionally indicated that staff had not responded to his complaints. In addition to the information outlined on Attachment A the staff has done further work on the property. Part of this includes a variance request filed by his abutting property owner regarding the ability to fix up the garage that Council had commenced hazardous building proceedings on together with his submitting a grading plan for staff approval to alleviate the drainage problems created for Mr. Henry's property. The variance was heard by the Planning Commission June 6, 1988 and was denied and it was further recommended that the structure be rebuilt to conform with all appropriate standards. Applicant may be directed to rebuild garage on homestead lot 4731 North Shore Drive. ALTERNATIVES 1. Accept information. 2. Request additional information. 3. Table. RECOMMENDATION - It is recommended that the Council accept the Inloime0oe regarding the properties at the aoove listed addresses and encourage staff to continue working on the matter with the property owners involved. PROPOSED MOTION - Moved by _ , seconded by , that the Council accept the information given by staff and the staff will continue to work with the property owners to resolve the issues. Ayes Nays cc: Mr. Henry, 4725 North Shore Drive � —f. tl I I'IT : Tos Jeanne A. Mabusth, Building 6 'Zoning Administrator From: Tom J. Jacobs, Building 6 Fire Inspector Date: May 23, 1908 Subject: 4680 North Shore Drive, 4725 Northshore Drive, 4731 Northshore Drive Henery vs. Meyer - Drainage Problem - Hazardous Building - Garage - Lakeshore Restoration The following is per your request, a chronological list of events on the properties listed above and the Henery vs Meyer conflict. It appears that this incident started in 1971 as follows: May 27, 1971 - A permit was issued by Inspector Mike Schaller for 3 loads of fill for landscaping (4731 N.S.D.). July 27, 1971 - Inspector Schaller was having a problem with property owner (Ken Karonberg). It appears that more than three loads were brought in and that they were not graded down properly (4731 N.S.D.). Somewhere in between July 27, 1971 and August 15, 1986 more fill was brought in. Mr. Meyers admits that he added fill three years ago (1985). (4731 N.S.D.) August 14, 1986 - Inspection conducted (4731 N.S.D.). Weeds and debris cleaned up by T. Jacobs. Left message for Mr. Meyer to call me. August 15, 1986 - Letter sent from Dennis Meyer (4731 N.S.D.). Received August 18, 1986 stating he is working on problems. July 22, 1987 - Large rainstorm fell washing out lakeshore bank and bank at parking lot of Henerys (4725 N.S.D.). July 23, 1987 - T. Jacobs visited site (4725 N.S.D.) verified damage spoke with Henerys. July 1987 - After storm, T. Jacobs and J. Mabusth spoke with Henerys about grants sftveral times. August 31, 1987 - Application was made by Nadeau Landscaping for permit to repair storm damage (4725 N.S.D.) lakeshore. September 2, 1987 - Met with the city engineer on site for review of permit. Appeared okay (4725 N.S.D.). Written and verbal orders written by the city engineer. October 9, 1987 - Burning permit issued to the Henerys for clean up of storm damage. October 29, 1907 - Building permit 4384 was issued to Nadeau Landscaping (at 4725 N.S.D.) for storm damage repair. Note: hold up was for federal grant not City action. Page 2 November 6, 1987 - Inspected site for drainage problem and hazardous building. Verified hazardous building at Lot 4, Block 5 Bergquist and Wicklunds Park, photo's taken. Also spoke with Henerys, then spoke with Mr. Meyers on both drainage and hazardous building. Drainage problem at 4631 N.S.D. Mr. Meyer stated he would take care of the problem. November 19, 1987 - Burning permit issued to Henerys for storm damage clean up (4725 N.S.D.), first permit not used. January 5, 1988 - Letter to Mr. Meyers about hazardous garage and referring the matter to Council, January 11, 1988. January 11, 1988 - Letter from D. Meyer about garage to City Council with his accessment of problem. January 11, 1988 - Resolution passed on hazardous building, action on garage to be held until February 1988. Certified engineer made inspection of foundation garage. February 1, 1988 - Letter sent to Mr. Meyer (4631 N.S.D.) about garage and continuing process if information is not submitted. February 3, 1988 - Letter from Mr. Meyer on garage along with drawing signed by engineer. February 29, 1988 - Inspection at 4725 N.S.D. by L. Oman, inspector who fell through the stairs. March 11, 1988 - Attorney Stanford P. Hill wrote a letter to Henerys about storm damage at 4725 N.S.D. caused by fill at 4631 N.S.D. March 17, 1988 - Letter sent to Meyers from T. Jacobs about fill, drainage, and storm damage at 4725 N.S.D. March 21, 1988 - Letter from Meyers to Jacobs about drainage, storm damage, and fill. March 30, 1988 - Letter from Meyer to Jacobs on fill/drainage progress. April 1986 - First set of plans submitted to City and referred to the city engineer. April 26, 1988 - Building permit applied for to relair garage structure. Told variance was needed. April 27, 1988 - Mr. Meyers came into meet with J. Mabusth received information about variance. May 2, 1988 - Inspection conducted at 4725 N.S.D. - stairs not complete nor repaired. May 2, 1988 - Inapecton conducted at 4631 N..^.D. weeds and junk clean up. Page 3 May 2, 1988 - Letter sent to Nadeau Landscaping about hazardous stairs - deadline to repair May 16, 1988 (letter from L. Oman). May 2, 1988 - Letter sent to Meyer 4631 N.S.D. clean up property - deadline uate 6/2/88 (letter from L. Oman). May 4, 1988 - T. Jacobs was to meet with D. Nadeau of Nadeau Landscaping. Meeting was cancelled by Mr. Nadeau. Meeting was set up to discuss stairway. May 5, 1988 - Mr. Meyer applied for a variance for garage .+ithout principal structure. May 6, 1988 - Met with D. Nadeau about stairs. Discussed his liability and responsibi?ity since he pulled permit. He said he spoke with L. Oman and received an extention until May 30, 1988 to reconstruct stairs. May 16, 1988 - Letter from Nadeau Landscaping apologizing for the problems mainly because of Mr. Oman's near fall from the failure of the stairs. May 19, 1988 - T. Jacobs and L. Oman met with David Mullen - Nadeau Landscaping about stairs told him to remove all stairs and provide landings every 12' - also must be treated lumber. I also walked on stairs which was cracking as I stepped on them. Unsafe. May 20, 1988 - T. Jacobs visited the site with J. Mabusth. We reviewed the garage, drainage, and stairs. Note Mr. Meyers has been cle--ing up his property - removed deck from house and deck from lakeshoi . 3U d,u4 b.YurN:! .pmn 1! Innm. It CrwY. .. n.,wn eonestroo lYu, W bvrv. E „,�, E ,,,,,.,,..t .M'I, yF W bYn If E>onnd r ;b.^W C yn0. R lra Y Ixe�Yy V l`]� uSene 4tlbO F lrmYry. 1[ 1-1 FMrrr.It Ginn. rul. IE lnry A bvM. If Yr, .y N�,m.R ,4r.reI bMw. I .M.yrun, l[ Suun Y Elden Y9n. pMrYn. IF IWnA tnp bnM. /�� Assoc lates run., E Ibe" I[ open 4 LrY"[nr. It PE bOm f IMNrY. IF pntl ° LeYq.. 11 1i 1@nna, [ Arp,. If "..2, rbv✓d A LnbC. If Ynvn l torvN. I[ Etgirfeen & Architects f I:U►rL'!� �t'TiN6 JUR 13 1999 May 23, 1988 1 C04T OF pRUNO City of Orono Boa 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Ref Mackberry Well Orono, MN Pile No. 13932 Dear Jo,vf, Enclosed is Request for Payment No. 2 G Final for approval. The contractor has completed the remaining work on the project and we recommend the final payment be approved. Your@ very truly, BONESTR00, ROSENE, ANDERLIR 6 ASSOCIATES, INC. Richard W. Poster RWF:li Eric 1. -(C T%UWl 24 2335 West Highway 36 s St. Paul, Minnesota 55113 • 612-636-4600 REQUEST FOR PAYMENT DATE: April 131988 PLACE: Orono Minnesota PROJECT: Hackberry Park Well, Pump 6 Pressure System PROJECT NO.: FILE NO.: 13932 CONTRACTOR: E. M. Renner 6 Son-, Inc. ADDRESS: 15688 Jarvis Street North" at _ Elk River, Minnesota 55330 REQUEST FOR PAYMENT NO.: 2 and Final SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 8. Less Retainage U S 9. Sub -total $ 731.00 $ 86.94 FOR PERIOD From: Jan. 161988 To April 5, 1988 SPECIFIED CONTRACT COMPLETION DALE: 45 consecutive calendar days from the time of written notice to proceed 10. Less Amount Paid Previously It. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 2 6 Final $ 11,267.50 $ 11,911.56 $ 11, 911. 56 $ 0.00 $ 11 911.56 $ 0.00 $ II 911.56 $ 11 315.98 $ 595.58 Recassended for Approval by: BONESTROO, ROSENE, ANDF.RLIK 6 ASSOCIATES, INC. OWNER APPROVAL: by Date: ��-// p Approved By: E. N. Renner 6 Sens, Inc____ �------ _L2-- Contrsc6ma__� 7692e-D-031 Project: Rackberry Park Well, Pump 6 Pressure System Orono Minnesota _^ Contractor: E. B. Renner 6 Sons, Inc. STATEMENT OF WORK Unit Contract Item Unit Price RARE BID ITEM N0. 1 - WELL F-ruish and install a sell, pump, pitlese adapter tank, electrical controls, all electrical work and related appurtenances. except items listed below, described in the specifications and shown on the Payment No: 2 and Final File No: 15952 Date: April 15. 1988 Est'd Quantity Amount Quantity To Date To Data plans for the UNIT BUM of L.S. $7,885.00 L.S. Drill open hole for 4" sell L.P. 6.50 200 41• Well using including seal L.F. 4.50 195 4" Rtsinless steel. mall screen including gravel pack L.P. 58.00 5 TOTAL ITEM NO. 1 .............. ITEM PD. 2 - SKATING POND UNDERGROUND PIPING 1-1/2" "ype K copper w/7' cover L.P. $14.00 10 1-1/2" curb stop and box Each 190.00 1 2" Non-freese street masher w/conc rate base Each 585.00 1 TOTAL ITEM NO. 2 ............... CHANGE ORDER NO. 1 Deduct for changing-2" column pipe to 1-1/2" column pipe L.P. $0.69 126 Page I. 7692e L.S. 47,885.00 200 1,300.00 195 $77.50 5 290.00 +$10,552.50 10 $140.00 1 190.00 I 585.00 $915.00 126-$86.94 Project: N ckberry Park Well, Pump 6 Pressure System Orono Minnesota Contractor: E. H. Renner 6 Sons Inc. STATEMENT OF WORK Unit Contract Item Unit Price CHANGE ODDER Nn. 2 Increase in well quantities for deeper well: 1. Drill rpen hole for 4" well L.P. $6.50 2. 4" Well casing incl. seal L.F. 4.50 3. 3/4" Well acres L.P. 58.00 Payment No: 2 and Final File No: 13932 Date: April 13, 1988 Est'd Quantity Amount Quantity To Date To Date 58 $377.00 40 180.00 3 174.00 TOTAL CHANGE ORDER NO. 2 - ADD ....... $731.00 TOTAL ITEM NO. 1 $10,352.50 TOTAL ITEM NO. 2 915.00 TOTAL CHANGE ORDER NO. 1 -86.94 TOTAL CHANGE ORDER NO. 2 731.00 TOTAL WORK COMPLETED TO DATE ............ $11,911.56 Page 2. 7692e PROJECT PAYMENT STATUS C I'rY: ornnn, Minn. s o to PNO'f'G I: Hackberry Park Well, Pump and Presaure System FILE NO.: 13932 CONTRACTOR: E. H. Renner 6 Sons Inc., 15688 Jarvis St. NW, Elk River, MN 55330 ORIGINAL CONTRACT AMT. TOTAL AMT. OF C.O.'S REVISED CONTRACT AMT. $11.267.50 $644.06 $11,911.56 Date C.O. / Description Aoaunt 1-26-88 01 Deduct for changing 2" column pipe to 1-1/2" column pipe -$86.94 2-1-88 f2 Increase in well quantities for deeper well 731.00 03 /4 F5 Total Change Orders Above..... PROJECT PAYMENT SUMMARY: ' .—v . Payment Period Payment Value i From To This Voucher Completed Retainage 1. Start 1-15-88 $11,315.98 $11,911.56 $595.50 2 6 F. 1-16-88 4-5-88 595.58 11,911.56 0.00 Total Payment To Date $11,911.56 Retainage For Payment 12 6 Final 0.00 Equals Total Value Completed $11,911.56 7692e JuN, 131988 �J i V OF OR002 TOS Mark Bernhardson, City Administrator FRAMs John R. Gerhardson, Public Works Coordinator DKTRS June 8, 1988 BOUT Employment - Public Works Recently, the City of Orono advertised for and received applications for employment to fill two of the three vacancies In the Public Works Department. The vacancies were due to the retirement of the utility foreman in July of 1987, the death of our laborer in November of 1987, and the resignation of one utility mechanic in April of 1988. We received in excess of 30 applications for the two positions that we are going to fill at this time. The two finalists are Barry Rathbun, 5415 Bagewood Circle, Rockford, MN; and Randy O'Brien, 8038 County Road 6, Maple Plain, M7. Barry Rathbun has been employed at the City of Rockford since 1980 and has experience in all phases of Public Works. Randy O'Brien has been employed as a truck driver and equipment operator since 1981 and currently is a welder at an ornamental iron works. Randy also worked for the City of Orono as a temporary parks helper during the summer of 1984. Recommendation - To employ Barry Rathbun as a Public Works maintenance worker at an hourly rate of $10.28 per hour affective upon a favorable physical examination and stress test. To employ Randy O'Brien as a Public Works maintenance worker at an hourly rate of $10.00 per hour effective upon a favorable physical examination and stress teat. PROPOSED MOTION: Moved by , seconded by , to employ Barry Rathbun as a Public Works maintenance worker at an hourly rate of $10.28 per hour effective upon a favorable physical examination and stress test; and to employ Randy O'Brien as a Public Works maintenance worker at an hourly rate of $10.00 per hour effective upon a favorable physical examination and stress test. Ayes _ Nays _ TOE Mayor and City Council FROMi Mark Bernhardson, City Administratorl�14 forwarded recommending approval. 3a INTEROFFICE MEMO Cli4°IX7�,'H'FCiIflIi DATE: June 2, 1988 JUN 13 1988 TO: Mark Bernhardson, City Administrator Lt3 V ur tiit�lriU FROM: Melvin Kilbo, Chief of Police RE: Step Increase Officer Dan Fischenich will have completed one year with us on July 1, 1988. As you will recall, he came here from LeSueOA, having put in 11 years there before coming here. He has performed well. His experience has been welcome as we have several officers with less experience. I request his pay be raised from $2365 per month ($13.645 hourly) 1987 contract rate, to third year ratea9:'7 contract of $2,628, (or $15.161 hourly). This step procedure was agreed upon hire as he had over 11 years experience. s TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator Forwarded recommending approval. cc: Chief Kilbo Tom Kuehn, Finance Director Personnel File Officer Fischenich PROPOSED MOTION - Moved by _, seconded by _, the Orono City Council approves the Increase for Officer Dan Fischenich from $13.645 to $15.161 per hour based on the 1987 labor agreement. This increase has no effect on any subsequent longevity which is measured from time in service with the City of Orono. Ayes _, Nays Vol Mark Bernhardson, City Administrator Dorothy Rallin, City Clerk 11D11t Pati Peterson, City Recorder DATit June 3, 1968 BUM Resignation 310 L-Allb ii:i irtEMNB 1 JUN 131988 This is to inform you of my resignation as City Recorder for the City of Orono effective July 1, 1968. The reason for my resignation is a combination of needing a change from the limited duties of the position of City Recorder; and the desire to devote more time to my young children anA their activities. I have enjoyed working with the staff, Council and Planning Commission and appreciate the experience I have gained over the past three years with the City of Orono. It is my hope that in giving ample notice, my resignation will not create any staffing problems and leave me in good standing with the City of Orono. Sincerely, Paw P. U44,7 - TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator,'y"� Accepted with a sincere appreciation for a job well '.one. PROPOSED MOTION - Moved by _, seconded by _, to accept City Recorder Pati Peterson's resignation with sincere appreciation for a job well done. Ayes _, Nays cc: Pati Peterson Personnel File JUI7 13 19'vi3 INTEROFFICE Wit ,."f' DATE: June 8, 1988 TO: Mark Bernhardson, City Administrator FROM: Chief Kilbo RE: Temporary C.S.O. Rick Denneson, Community Service Officer, will be taking a leave of absense from his job from June loth to August 21, 1988, to attend police officer skills training course. In May, I asked for Council permission to employ Mike Carlson to cover Denneson's absence, but have found that he cannot cover all the hours I need because of other employment. I request permission to hire Kevin Walsh (last years intern) to work together with Mike Carlson to cover Denneson's shift. Kevin Walsh and Mike Carlson would both be paid at $5.10 an hour, not to exceed average of 15 hours per week until Denneson's return. `TO: Mayor and City Council ,A FROM: Mark Bernhardson, City Administrator"'a Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by _, the Orono City Council approves the temporary hiring of Kevin Walsh as a Community Service Officer at $5.10 per hour commencing June 14, 1988. Ayes _, Nays _. d� S1BBB.. . E TO: Mark Bernhardson, City Administrator FI1011: Mel Eilbo, Chief of Police DATE: May 11, 1988 SUBJECT: Employment of Michael Carlson - Part Time Clerical Mrs. Jean Hoogenakker, our temporary clerical person, has accepted a position with the Plymouth Police Department. we need to tire another person to fill this position during the busy summer months. Michael Carlson is a Reserve Officer, previously employed at Rldgedale Security. He is a Law Enforcement student and soon will be going to skills portion of this education to become a police officer. I propose to employ Mr. Carlson, Sunday evenings for tape transcription for up to 4 hours a night, to be paid at the rate of $5.10 an hour, not 'to exceed 129 working days in 1988. In addition to this, Rick Dennison will be taking a leave of absence from his job from June loth to August 21, 1988 to attend Police Officer skills course. It is requested that Mike Carlson be additionally employed temporairly as a C.S.O. during that period of time at $5.10 per hour. The City currently is terminating the current backup C.S.O. TO: Mayor and City Council _-,/ FROM: Mark Bernhardson, City Administretov Forwarded recommending approval. His work as a clerical will end when the amount budgeted for that is exhausted and responsibilities as the primary C.S.O. will end upon Rick Dennison's return with Mr. Carlson's continuation in the role as a backup C.S.O. cc: Mel Rilbo PROPOSED MOTION - Moved by seconded by , that the Orono Council approve the temporary employment of MIcheel Carlson In the roles as temporary clerical and C.S.O. at a rate of $5.10 per hour effective 5/24/88. Erployment subject to budgetary amounts and the return of Rick De ni.ison as a C.S.O..Ayea _ , Hays __y� JUN 13 19ca Liar V ok"A l TO: Mark Bernhardson, City Administrator ■ROM$ John R. Gerhardson, Public Works Director DATRt June 1, 1988 RDRJRCT* Westonka Intervention - Community Development Block Grant Program. For year XIV of the Community Development Block Grant Program the City of Orono allocated 1,000 to be used for the Westonka Intervention Prooram. In order to accomplish this it is necessary to inter into the attached agreement with Hennepin County and Westonka Intervention. Attached for review and approval is an agreement drafted by Hennepin County, a resolution authorizing the Mayor and City Administrator to sign the agreement, and a letter authorizing Hennepin County to administer the program. Recommendation: To approve the attached agreement with the City of Orono, Hennepin County Planning and Development and the Westonka Intervention project and to approve the resolution authorizing the Mayor and City Administrator to sign the agreement. PROPOSED MOTION: Moved, second, to approve the agreement between the City of Orono, Hennepin County Planning and Development and Westonka Intervention and to approve the resolution authorizing the Mayor and City Administrator to sign the agreement. TO: Mayor Grabek and Council FROM: Mark Bernhardson, City Administrator Forwarded recommending approval as effecting the decision on CDBG allotment. DUE: May 25, 1988 TO: Cities of Minnetrista, Maud and Oran HENNEPIN MM: Hennepin County Office of Planning and Oevelcprent - SrJa3F7cr: YEAH LaV-RMLIC SE WICE AMUMIOW/WMM MPS -FLTION LdrlUHC.T noampanyirg are three copies of the Year XIEV Pudic Servioe FUndug ngreamnt with Westonm Intervention Project (WIP) for execution by ycwr Community. WLP has executed the agremvrta. Please return two copies of the agreement to this office for filing and distribution to WIP. Alec acompanying is a draft resolution for execution of the agreement and requesting that Hem>epin Canty „,w amster the project for the ca s ty. To WOMPlish this a form letter requesting Hennepin County's administration is also included. Should there be any questiore owrerning the :nreenent, resolution, or form letter, Please Contact Larry glackstad at 346-5859. IB: tf Enclosures co: Valerie Hessbuzg, WestmYa Intervention Date Mr. Robert Isaacson Planning supervisor Office of Planning and Development Development Planning Unit 822 South. Third Street, Suite ?10 Minneapolis, MH 55415 Dear Mr. Isaacson: As reflected m the Urban Hennepin Year XIV Statement of Objectives and Projected Use of flails, the City of Orono has allocated SI 00g,Q0 for the support of the Westonka Intervention Project. Tb ammplish this project, the city has entered into a Public Service Agreeent with the Westonnka Intervention Project. This agreement provides the City the opportunity to assign its immunity development grant management (i.e., pro- ject audit and grant Kurd rmimbur Mment Process) responsibilities to another Urban Hennepin county program cooperating unit. Pursuant to the terns of the agreement with the Westonka Innterventim Project, the City requests that Hennepin County through its Office of Planning and Development directly discharge the responsibilities of the City as specified in the Public Services Agreement. It is understood that the County will provide the City a quarterly status report indicating utilization of the City's allocation for the activity and the balance of urne-,Pwx d funds. This will substantially eliminate the duplication of effort which is inherent in the present system and provide for a wre expeditious respw to the needs of the Westornka Intervention Project. Sincerely, Mark E. Bernhardson City Administrator I:�ac i7111Y�7�, 1 YqY Y• Y F• }] N I 0.• I' 1 }� i WHEREAS, the City of Orono has executed a Joint Powers Agreement with Hennepin County, thereby agreeing to participate in a giant application under the Urtl County designation provided for in the Housing are Calnlnity Devel- gment Act of 1974; and, WHEREAS, part of the authorized activity for Year XIV is the support of the Westonka Intervention Project; and, WHEREAS, tl,e Comunity Development Block Grant program as administered through the Urban Hennepin County requires that each city fw-ding the westmka Inter- vention Project with community Develcpment Black Gran^_ manias must enter into a public Service Agreement with the Westmka Interven:ion Prcject; arid, WHEREAS, the Public Service Agreement with the Westaika Intervention project allows the City to authorize Hennepin County to discharge the responsibilities of the City regarding the administration of this activity; BE IT RESOLVED, that the Mayor and the City Administrator are authorized to execute an Agreement with the Westanka Intervention Pro eat for Year XIV of the Urban Hennepin County Community Development Block Grant program; BE IT MMER RESOLVED, that Hennepin Comity through its Office of Planning and Development be requested to directly discharge the responsibilities of the City regarding the administration of this program for Year )(IV, as provided for in the Public Service Agreement. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held June 13, 1988. ATTEST: James R. Grab�k, Mayor Dorothy-M. Hallin. City Clerk this agresum7t made and entered into by and between the City of Orono hereinafter referred to as the "City" and Westonka Interventim Project, a public service prvvidpr, hareirofter referred to as the "Provider", W MESSETH; WHIRFAS, the City is an authorized cooperating unit in the Urban Hennepin Warty nl�,ty Development Block Grant program by virtue of a joint cooperation agreement executed between the City and Hennepin County pursuant to hSA 471.59, and P402TAS, the City has allocated Year XIV Urban Hennepin Warty OMMMity Develcpr e t Block Grant fwds for the purpose of supporting the Westonka Intervention Project administered by the Provider. NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agrewent, the parties hereto mutually agree to the following tends and codition.: The CGty agrees to provide $11 000. 00 dollars from the Urban Hennepin Warty Conn nity Develepoent Block Grant to the Provider in support of the Westonka Intervention Project based upon docmieiYeed expenses incurred. The City reserves the right to assign its adIministrative responsibility, pursuant to the requirruent of the urban Hennepin County Wumuhity Dsvelcpamnt Block Grant Program, to any other cooperatiug unit. Ti The Agency agrees to provide the City: 1. A policy/mission statement defining the Agency's client population and range of services. 2. A financial statement for the past full year. hM1 The Provider is a ovnnality based crcganization of men and wren con tted to the abolition of family violence. We belie%v that violence against any family member is a violation of their rights as human beings and that it is possible to stop such of the family violaoe that is happadrq in our commafity throlgh intervention. RECEIVED MAY 2 7 W8 P&Aic Services Age ,*/ Page Two Wa*Azdm Intervention Project To acamplish this mirzion, the Proviuer will: o work to er_l violence within families by providing education to our cote. .ity about the cycle of violence. o L.-,rervenc in domestic situations, offering options and support to the victims. York hand in hand with other social agencies to end family violence. IV The Provider assumes that it will amply with: 1. Administrative reporting requimments of the County. 2. Title VI of the Civil Rignts Act of 1964 (P[88-352). (Nondiscrimination in program or activities receiving federal financial assistance). 3. Section 109 of the Housing and coruLmity Development Act of 1974 as amended. (Nondiscrimination in any program or activity subject to provision of the HCOA) . 4. Q'B Cir-mlar A-102 Attachment 0, Section 14, paragraph (h) by assuring One grantee, federal grater agency, the arptroller General of the United States or any duly a:rthori�ed representative amass to all records directly pertinent to this contract for the purpose of making audit examinations, excerpts, and transcriptions. 5. arm Circular A-102 Attachment C(2), maintain all required records for a period of three years after receiving final payment. 6. OYB Circular A-87 "Lost Principles for State and local Gcvenarmnt: or OMB Circular A-122 "Cost Principles for Non Profit", as appropriate. TA This Agreonant is effective as of July 1, 1988, and shall continue in full force and effect until all funds made available under this Agreement have been expended in accordance with para7rhs 7-T', but rn lat-r fh-- rlp ct r 31, 1989. 1.1 io SeMiaes Agrvmmarrt/ N ..Lcn m Intervention Project IN TE9MM Yh1E WF, the parties hereto ha%-e set their hands and affixed their seals this 13th day of June 19 88, Upon proper exeartion, this Aoremomt will M. legally valid and binding. a. • •. • a• a • 148=4112M By ie . Its f' G CITY OF SBM OF H 2001MA BY Its ayorjamea R. Grab Ter — and Its Ackdiiistrator Mark E. Bernardam 3A6 Jull 13196;1 609.1 TO: Mark Bernhardson, City Administrator : o;F OWN FROM: John R. Gerhardson, Public Works Director DATE: June 8, 1988 SOBJ: Resolution - "No Parking Fire Lane" - Dickson Avenue Extension Recently, the City of Orono received a request from Mr. George Norling, 38UO Dickson Avenue Extension, Orono for no parking signs on that street. Staff has reviewed the request and agree that parking should be restricted and have drafted the following resolution for review and approval. Recoamendation - To approve a resolution authorizing the Public Works Department to post "No Parking Fire Lane" signs on Dickson Avenue Extension. PROPOSED MOTION: Moved by _ , seconded by _t, to adopt Resolution 1 authorizing the Public works Department to post "No Parking F re Lane " signs on Dickson Avenue Extension. Ayes _, Nays _ TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator'i�' Forwarded recommending approval. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION AUTHORIZING THE INSTALLATION OF 'NO MRKING FIRE 1JNE' SIGNS ON DICKSON AVENUE EXTENSION WHEREAS, the City of Orono is a municipal corporation c rict.inq under ti-n la•.m of th^ State of Minnesota; and y of C_ono staff had det.ein. ned %hat a szfe!y t... i ,:.: s.0 n.IE!10 Dickson Avenue Extentic:: due to vehicle parking; end :cic p _iag restricts resident and emezgency vehicle aecc:. .- Li. I: RESOLVED, that the Crono City tcunciI a.oc:. .. ',;,::..,nate Dickson Avenue Extension a fire lane and authorizes the installation of 'No Parking Fire Lane" signs to insure vchiclo access. Ad c-t -z cno City Council on this 13th day of '9t, ATT£CT: Dorothy M. Mallin, City Clerk James R. Gra e , Mayor 6888.1 37 TO: Mayor and City Council �p. �i1i1�1.d E3ttfIPIG FROM: Mark Bernhardson, City Administrator DATE: June 8, 1988 JU11 131988 SUBJECT: Administrator's Information Ail OF ©RONO NORT'1 FERN_DALE - Several weeks ago the City of Plymouth had expressed its desire to have North Ferndale upgraded between Highway 12 and County Road 6. This road is presently split primarily between the City of Plymouth and the City of Orono with a small portion of it in the City of Wayzata. The City of Orono placed this on its M.S.A. system a couple years ago with the intent to someday to undertake the appropriate M.S.A. standard upgrade to this street. A problem at this point is that the City of Wayzata is under 5,888 population and does not receive the M.S.A. funds. It does not necessairly have the funds to undertake the upgrade out of its own funds. It is our present understanding that the Wayzata portion of the road could be deeded to one of the other two communities in order to obtain the necessary ownership in order to qualify for the M.S.A. funds. This avenue is currently being explored by the three cities. It is anticipated that the upgrade will result in the minimum width for an M.S.A. street, probably with curb, gutter and a sidewalk on the Plymouth side of the street. This is a project that is of importance particularly for the City of Plymouth who desires to improve it for pedistrian, bicycle and motor vehicle aafety. This profile of a 32 foot per;eived street width that would otherwise be present with the rural section, which would give a cross section of over 66 feet including ditches, 3536 LYRICAVENUE - The City is following up with appropriate tatons_ ciito the property owner for the vehicles that were not moved. The City is presently exploring with the City Attorney what ramifications, if any, the message on the property has in relationship to the City's sign ordinance. CRYSTAL BAY/SHADYWOOD - SWIMMER'S ITCH - On Monday, June 6, 1988 the CT[y received two comp T aTnta Erom the 16-1788 block of the Shadywood area regarding swimmer's itch. The complaintants indicated that this was the first time that it had been experienced in that area in at least 18 or 19 years. The City has contacted its L.M.C.D. representative together with the Minnehaha Creek Watershed District to determine if they had received any complaints either from this area or other atreas on the lake. They indicated that they had not. The City has further explored the matter with the Department of Natural Resources to determine the prevalence and potential remedies for this. This is caused by flukes in snails which also has an intermediate host of which waterfowl are one such host. It is speculated that the early hot dry weather and lack of turnover water in the lake has exacerbated the problem this year although it may also be related to increase concentrations of waterfowl in the area. GOAL SETTING STATUS - See attachment. mw Semlo cmma AIO Ac a. 1 Cm �911 1 MT 1988 - W APBIL I" '87 Sip - 1987 Cmxil Strategic Plamirg Saort hra Objective '89 SM - 1988 Short Ten Objeetive AI®1 ODAL A1�1 U91RTIgM 1. colaalm rt Highway 32 -87 SIO A. Caprebmeive Plan AeeMcent 12 15/821 Receive Wk Eras vet CrootIl Flml plan approval Zoning Aavmente - Draft - Plaming Co misslm consideration Coomil oorideratim mgxiatiau on utilities iLm3 laka-Mdiro7 -a Sip a. Corridor Selectim Study M ex Task Face Complete, Phase 1 daAer 6/18/88 5/91/89 5/31r88 5/15/BB utensim to 5/15 granted to metro cmrcil faicwim 1/8/88 seetiol re: Urban lard diaerds 5/1Z/88 apprwad by Marro Coucil Metro Ccurcil 6./15/88 Final Council a,,rwal 5/23/88 6/15/88 Currently, being Aratted 7/l/89 Contact sbamiw regarding assistance in develrpent 8/18/88 Cmtracrad win Siurdlw 5/23/88 18/1/88 M ax Task [ate - fat seating 5/19/m S/19/88 seerim held appl mu. a1B1 1. CQMMlIg onVVEttamffifr twit. Navarre Pedevelapeeat "a SIO C C 3Ygagr Cwultents 3/25/BB t,noe.ted gwtatim - Flaming ib be determined frog J. SludlCe regarding Doer to - Iegal do minter plan develcpaent for area. Initiate G I/Owective is/l/BB eapect proposal to to received for Setting prceeea 7/11/88 toreideratiam '88 sm Caaider Eve. fametion 6/15/88 2/88 pmgaat ettaneq artliea Smlicite ideea/propemals process [teaird to MtabliA Cawenae if peede to do 9/1/88 3/l/88 [.ivd Outllrms fa establign.t of M. Staff reviewing for comavit -83 S3O Comty 15 Orvelopmeat as S:D fetermine desired 5/38/88 Imsa a ligbfing to 2/22/89 laal aacanlanying Comeil meeting iron ents 2/22/88 Conceit consider. lfgbting V23/86 Coach appramea ligbtirg Financing plan 5/38/88 Conceptual approval 12/14/97 Pinercial revision RtPoed 2/22/88 3/28/88 tabled to 5/23/88 5/23/88 approved fi.ing Complete construction 12/I/88 3b eaae. 4/15/88 '83 M Cwna+itY'ttanspatatiaa Plan Wfine capital inq+rwemme 9/1/69 -88 sm Prtgram Pr la to 99 badger eetermi. bridge repl.t 8/11" program Continued anal3vla Public/Private Ongoing Evaluate Cry 116 4/l/BB 3/17/86 reoeived regaat fro mdina 4/25/88 Coacil elacte not to emppat - Beaclution -87 M %tam water management Plan 'BB 5i0 L Pl®1 m11. B� 1. cwnxm oeveia9arr emc. Co• Dev — Direction a Ro fr 08 m 2. 88VIRIBB4fOtt. P<'D11 M .87 m stubb8 Bey 88 m solid Haste INnegement mm aviw advleas/Policy tidies 7/88 4/31/u t.ted to Council. ' m rae/Ikps iEilities rwie by Plaming Coaiaslm Pevlev a row as ntcewry 9/u cuff/adviaay/polity body prBce:u for develapuent cwiw I eaocutim aocaing taatda aervi. 6 teaolu aimtm 'Bo sutptieea' pr. 0dunce effective antrw m 8/88 marine+ cta let. actla assessemt 2/80 Project feasibility-c®e 5/u Determine assessment atea 8/u interest Pl..iig options Was Crarlde[ dwel[Qtmt maetaiva 10/80 I[ Wwriate - In t ate p[oject ]0/88 - Project bid 10/m - Ca nce project 12/88 - seam Ptojea 8/89 - cuupleie ptoject 10/89 ti. reryclimi efforts to 9®1 6/88 a w Btber avmas to set gmis 6188 including local t tin ibviw ra lStiore regarding 9/88 solid vmte aPlae otganimd ctalmum 6'08 MticiP to saris scxeaant mpletim 2/88 2/22/u Infawtim preamte sobltted teq ea fa feuibility update mst I ibllity atuly update to 6/13/W C.il acting Preamtly n imi J aptims With city Bttmney's office C C r 5'e\--..__._ AIM m14 Ai ®1RTIVi 1. Oa TZWTIOA RVHDIeBIf 1989 Cameil Dual Setting C�Mae Coiple[e 1989 Budget Prmeec AeBeanent Byrd of Aeeiem Capital budget Adoption Budget Adoption 1989 wislatiee Progrs Complete Tea Building staff Ccuncil - Cmelder Pncmate Undertake if desired '87 SIO Peoilitiea Study -as m '87 M loeq enge Tiw ial Polity Golf Caut" 1lnimel Control F 1/88 9/88 9/m 4/21/88 initial seating beld. Anticipete I cmclueim on 5/9/88 5/19/88 Bonrd concluded 8/m 9/26/86 .2/BB 1 Vas 2/19 2/t9 To Plamin9 Cg Ission for mice 5/18/86 Piave II Cagletim 6/88 site criteria to Council 6/11/88 IVlement any recmxndatime 7/88 Draft polity to Council ]/m 2/22/88 Initial draft capital budget diecuSeed Council adoptim 8/88 DeuelcMent td business 7/87 etratm Evaluate program B/88 [!tended service to En lake/Spring Park/Mi.t-M 11aeoh-190 c Q C 5. lrtwl BPBOBRYB Cagengetim hplare p ,foo m 0/00 Fon l plan to 2/00 I.tiv as aM,nd. Final plan aN ad3u.taent. to crvgensatim plan pr.nta 2/22/00 3/25/89 plan adapted 4/12/00 co, ywtn report wmittw to stave C®unity ln[oroatim/ mayor-. Articles O win ntNsletter Evaluatim of a,tea 0/8$ 1Yyot.'a Article tovat to omtina to a/" for n t Na mtlm J UN 13 1928 U',T V of vwjN0 LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF June 13, 1988 Garbage and Refuse Collector's License.- Belay Sanitation 5906 Henry Street Maple Plain, MN CIYY OF ORONO III License Year P.O. Box 66 Date Received Crystal Bay, MN 55323 Fee Paid Initials 473-7J57 , GARBAG S LICENSFtift The undersigned wishes operate the indicated businn fChs F$�Ogf�o and herewith makes application for a license to do so.e l(Up\\U\ Business/Pirm Address .... J •)-../. L/n.. 1/ Business Phone Number -17!2 jan'- Applicant's Name Address Lj 1II, Phone Number Check One: Individual Partnership _� Corporation Number of vehicles to be used in Orono / Description of Vehicles (attached list if morels Loaded Loaded Year Mfgr. Gross wt. Rear Axle Wt. Size/Yards License Number General area of City served 1.2, : • ----CITY OF OROM) Schedule of Collection charges/ dates .,.a.c+-.c...: — FINANCE OFFICE e IMUW- 01 CEN 45.00 Approximate number of customers in Orono _� !-47T TS 45.00 i+r'CEIPT-IAW YOU Location of dumping area (1,.s. �...�J._.L'<.: - i:�0!P4, rya ad: T12e; IN ORDER FOR THIS APPLICATION TO BE COMPLETE, YOU MUST ENCLOSE THE Surety bond in the amount of $1,000. Proof of insurance in the amount of $100,000-$300,000-$50,000, and 10-day cancellation clause. Annual fee is a $30.00 flat rate fee, plus $15/truck, and a $30.00 transfer fee (if applicable). -------------------------------------------------------------------------- I am the owner and operator of the above business and I have paid all license fees and taxes required by law. The above information is correct. ppp i�t Date FOR CITY USE ONLY: After review of application, staff recommends: Approval Denial Other (specify) Signature of city official CITY OF ORONO P A Y R 0 L L R I EMPL-NO NAME—b1V GROSS CROSS EXP/ALLOW PIT �CALLAHAN EJ 11 14SO.02 241,67 ' GOETTEN J 11 1450.02 E41.67 GRABEK J 11 1600.00 300.00 JU111.1:.. PETERSON DA 11 1450.02 E41.67 �) RIME JR WJ it 1450.0E 241.67 LIIq Y Of OWWO 010 COUNT GRANO 1,266.60 PAID 00005 TOTAL 00005 TOTAL TOTAL FICA TAX CROSS • .00 EMPLOYERS FICA CONTR[E A a CROUP HEALTH B a PHYSICIAN'$ HEALTH PLAN r. it C a BLUE CROSS/BLUE SHIELD 0 a MEDICAL CENTER PLAN E a PRUDENTIAL F a COORD. HEALTH CARE 0 m MINNESOTA HMO H a TRANS-AMERICA OCC. Nil I a BANKERS LIFE J a MUTUAL SERVICES K m MUTUAL OF OMAHA L a EMPLOYEE'S BENEFIT M • AETNA N • NICOLLET EITEL 0 a LEAGUE OF CITIES P . METROPOLITAN HEALTH PLAN 0 & SHARE Z - HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL" n CITY OF ORONO P A Y R EMPL-NO NAME / / Y-T-O 4 - DIV�� -GROSS GROSS EKP/ALLOW ANDERSON OL 31 15011.62 1369.03 BERNHARDSO ME 12 21443.80 2044.00 BOBZIEN $A 31 9574,65 826.40 BOSMA JL 12 C,^9q per. SB1.0 BOYLAN SO 93 928.E-I 268.63 BRINKHAUS JF 42 f6l64 54 1390,31 CHESWICK GO 31 15501.49 1410.00 CORNICK JL 31 14362.65 1460.02 DENNESON RJ 35 244S.19 388.60 ENGLISM 11 IH 31 13676. 46 1259,12 9RICK50N DJ 9 275.63 160,13 ERICKSON KR 31 1521S.20 1273.52 FIBCHENICH OT 31 12744.18 1135.86 F'RITZLER JM 31 15255. 10 1332.46 GAFFPON MP 33 128F5.46 1166.40 GERHARDSON JR 42 17977.54 1636.08 GRECORY JD 42 12990. 82 1068.40 HALLIN DM 1^ I131S01 1030.00 HANSEN 6C 42 11410:30 959.20 HANSING CJ 31 4918. 72 441.05 HOOGENAKKE JE 31 336. 00 0.00 JACOBS TJ 33 12815. 4S 1166.40 JOHNSON BP 31 13768.06 1249.20 KILBO MN 31 19306.79 1760.00 KIRNYCZUK M 31 4703,46 138.13 KNOTT MJ 33 0.00 D.00 KNUTSON CA IS 7767.27 661.12 KUEHN TM 15 17629,71 160440 LINDSTROM DJ 93 53.13 53.. 13 MABUSTH JA 33 lSS84.13 1416.E4 MEYER MA 35 20.05 0.00 MIk ELSON RA IS 9502.54 822. 96 MILLS JR WH 93 7 MOROWCZYN MORROW OAS OMAN PALMER PETERSON PETERSON PETRAN OUAST ROSS :+ASS '(HAUS'. ,EEN f TGFFENr ;.9F VEN; TILES 'IOMTOH S 78.50 220.50 MF 71 16329.16 1356.91 J 31 15059.IP 1472.49 JS 31 3029.SO 447.20 DO 93 717.EG 192.38 LE 33 10634.60 964.08 PB 31 505.00 30.00 Pl. 12 5204.67 488.95 RW 93 0.00 0.00 JC 33 0.00 0.00 WA 92 12215.09 fig 31 JA 97 112.59 _:1 50 JJ 4� I1510. 7J `49.20 C4 SI I ..:G 80 . _ ... 00 9 00 1'' r r 83 CITY OF ORONO P A Y R Y-T-D • - - - - - - EMPL-NO NAME DIV GROSS GROSS EKP/ALLOW -TOMCMECK LF 31 1.60 1255.34 TOMCZYK MU 71 13913913.T4 124947.2020 WALSH KL 31 O.00 0.00 COUNT GRAND 44,206.08 4 PAID 00047 TOTAL 00054 TOTAL TOTAL FICA TAX GROSS m 22,376.1E EMPLON.RS FICA A a GROUP HEALTH B • PHYSICIAN'S HEALTH PLAN C a BLUE CROSS/BLUE SHIELD D w MEDICAL CENTER PLAN E • PRUDENTIAL F a COORD. HEALTH CARE C a MINNESOTA HMO H m TRANS-AMERICA OCC. I m BANKERS LIFE 3 . MUTUAL SERVICES K • MUTUAL OF OMAHA L • EMPLOYEE'S BENEFIT M • AETNA N • NICOLLET EITEL 0 m LEAGUE OF CITIES P m METROPOLITAN HEALTH PLAN 0 = SHARE Z • HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOMC EMPL'S 198E Clfl OF MON, CHECK REGISTER OS-31-68 FACE 1 CHIC. NO DRTE ."CUNT VERMOT ITEN DESCRIPTION ACCOUNT MO. INV. 6 P.O. 6 MESSAGE NCe239 061041+08 260 T. IST SAMN LAKES FICA A/tS TO S/1 61-4IAe-039-12 MANUAL Ht0239 vA. 06;29 cSO TA- 1S1 BANK LAKES FICA 1118 TO 5/1 01-41At-069-1t MANUAL .CGi" O6,05/E: c00 T. IST BANK LAKES FICA 4/19 TO S/I 01-41M-069-12 MANUAL HIS439 .6109. '9 1to IS 1ST BANK LAKES FICA 4/16 TO S/1 01-A149-069-15 MANUAL M 9239 611OB.. 10 BA IST DAM LAKES FICA 4/19 TO 5/1 01-.142-099-17 MANUAL M ;239 t", S, 1ST BANK LAKES FICA 1/18 TO 511 61-414E-t1:-31 MANUAL w �3, O6,06 - 1,. 99 IST SANK LAKES FICA 4/18 TO 511 91-+1.2-115-31 MANUAL :39 6.v C2 ':k 32 63 IST BANK LAKES FICA 4/16 TO 511 O1-A:+2-121-JI MANUAL r 327' O6/0e.ei 13 .T tST BANK LAKES FICA 4/10 TO 511 01-111E-196-31 MANUAL • Bll? N2 03 IST BANK LAKES FICA 4/10 TO 6/1 01-4112-171-33 MANUAL SC O9 .6/06+'t +6/0G/6: 3 SS IST BANK LAKES FICA 4/18 TO 511 01-111E-IBS-3S MANUAL u6/O416S 293 S. 18T BARK LAKES FICA A/1B TO G/1 01-4142-949-42 MANUAL 06,0912' 13. 42 IST SANK LAKES FICA 4/1O TC LI O1-4142-290-61 MANUAL 06/00,6° 9e 93 IST SANK LAKES FICA 4/18 TO 511 19-4I AY-5.9-91 MANUAL •ce_• 061peree at. TT IST SAMN LAKES FICA 4/18 TO S/1 73-4I49-569-92 MANUAL NCe219 06,09,58 267 13 IST 011MN LAKES FICA 4/10 TO 911 74-4I412-596-93 MANUAL 2.113 34 A 16 00 GOLDEN VALLEY CC MEETIM' 01-43S6-129-31 MANUAL 16 00 MCO2+I 06108.29 11 be ORONO PETTY CASH BAR COr!' 01-3790-000-00 NANUAL HC92n 06/08/SE 2 07 ORONO PETTY CASH OFFICE SOMPLIES 01-4910-129-31 MANUAL HC9e.` 061081 1 93 ORONO PETTY CASH OFFICE SUPPLIES 01-4210-III-33 MANUAL Hte:.` v0e 3 $1- ORONO PETTY CASH 004 FOOD 01-4232-ISS-35 MANUAL HCB-+1 :4r0f 13 61 ORONO PETTY CASH DOG F000 01-4eM-ISS-35 MANUAL MCS[+ 36'09 3 61 GRIND PETTY CASH DOG FOOD 01-4232-ISS-35 MANUAL .18_11 :1/0!/: 64 010" PETTY CASH POSTAGE 01-4321-031-12 MANUAL NCe-., 46r08'. 90 MONO PETTY CASH POSTAGE 01-4321-669-IS MANUAL HIS:. ^6'001f 12 09 MONO PETTY CA SN POSTAGE 01-4321-129-31 MANUAL HC9'+' ".6108r' R 00 MONO PETIT CASH MEETING 01-4356-129-31 MANUAL NCol.. :6/68/6E 2 50 ORONO PETIT CASH PARKING 01-4381-129-31 MANUAL NCC+: ^1r 08/!e 2 50 MONO PETTY CA" PARKING 01-4381-949-42 MANUAL MKS:.` i6/08/be 16 69 PETTY CA" METZ" ERP 4I-4362-190-11 MANUAL MCle.1 rb/9B/eE S CC MMO PETTY CASH MEETl" EO 01-430t-t74-33 MANUAL w Ce2.' •pe 'e: 1: 40 ORONO PETTY CASH LICENSE 91-13113-174-33 MANUAL wCp*+' ,6/Oe/pE 'l 25 ORONO PETTY CASH LICENSE 01-A3113-219-42 MANUAL 99 99 MC92.2 16/08/96 A N COHN REV SALES TAX SALES TAX NNIL 61-]ftl-6)6-60 MANUK NC82+_ o6/OBrBe 466 00 COCOA REV SKES TAX SALO TAX APRIL 74-MM-000-00 MANUAL 464 00 •.•..• .a.-CKS "Cal.. 06/081SB IA. 00 tST SANK LAKES FICA 5/t TO S/IS 00-4142-0e0-11 MANUAL NC6244 06,00,08 9.6 GO IST BANK LAKES FICA 512 TO 5/+5 01-4I42-639-te MANUAL MCSS.A 06,01,08 917.59 IST SANK LAKES FICA S/9 TO 5/15 61-4146-069-15 MANUAL MC32.4 06,06,08 16 39 IST SANK LAKES FICA S/2 TO S/IS 01-414e-099-IT MANUAL MC9244 06,08,50 26. 05 IST BANK LAKES FICA 512 TO S/IS 61-AIAt-111-31 MANUAL HCee.. 16106:ee 9S 11 IST SANK LAKES FICA 3/2 TO 5/IS 91-11A2-II5-31 MANUAL HCO=.. ^6/00/68 34 2A IST SAM LAKES FICA S/t TO S/I5 01-4149-190-1t MANUAL IK65.. lbIOB/BD I2 12 1ST SANK LANES FICA 510 TO SH5 01-4I42-12G-31 MANUAL wV P.+ e.r • - 55 IST RANK LAKES FICA S/2 TO S/IS 01-4142-174-33 MANUAL - IST e1NE LM[5 FICA Sit TO 5/15 0%-4141 -5 .\? 19O6 UTI IA coat CMECO OERISTER 05-01-4141 PACE 2. CNE vEMOOR ITEM DESCRIPTION ACCOUNT M0. INS. B F.O. 0 MESSAGE MC92.. - '- - 1ST 6.MA LANES FICA S/9 TO S/IS 0I-016E-E19-411 MANUAL PC"— IST BANK LANES FICA S/9 TO SlIS 91-61 4t-E9i-61 MANUAL NCB:•• r IST BANK LANES FICA SIR TO S/IS 7E-4I4E-949-91 MANUA, NCOB.. OS„ 13c IST BANN LAKES PICA S/9 TO S/1S T3-.142-569-99 MANUAL MCO944 c 100 62 IST BANK LAKES FICA V9 TO 5/1S 76-6162d00-93 MANUAL 1 .33. 9S MC9 VE 7 L'JNDS 1EETIMC SM 01-436E-174-33 MANUAL 'CB24h P'J6L EMP BIT ASSN PENA 1/I0 TO 611 01-4141-039-12 MANUAL C62.6 .Y PURL EMP RET ASSN PENA 6/IS TO S/1 91-4I4I-IS1-14 MANUAL N902.. a. PUBL EMP MET ASSN PERA 6/16 TO 5/1 *1-6161-069-IS MANUAL .C62.6 14 PURL EMP RET ASSN PERA 0/MS TO 5/1 01-061-699-17 MANUAL 4C62.6 - "3 IN PUBL EMP PET ASSN 'ERA 9/10 TO SH 01-41A1-111-31 MANUAL .0O2.6 - — PUBL EMP MET AS$. PERA A/IS TO S/1 01-.141-115-31 MANUAL 4CS246 •]2 a. PUBL EMP RET ASSN PERA 1/1S TO 5/1 01-1111-121-31 MANUAL NCS2.6 - •- PUBL EMP RET ASSN PENA A/IS TO S/1 01-/141-1E6-31 MANUAL MCSN6 PUSL EMP RET ASSN PENA 4/18 TO S/1 01-4I4I-IT4-33 MANUAL MC6246 166 12 PUSL EMP MET ASSN PERA 4/19 TO S/1 01-4161-249-09 MANUAL MCB2.6 11'14. '6E 76.07 PUBL EMP RET ASBN PERA 9/19 TO S/1 01-4191-E90-61 MANUAL MC62.6 'e SS 19 PUBL EMP MET AION PENA 6/10 TO S/1 TE-6141-549-VI MANUAL MCS2.6 - T. 19 PUBL EMP RET ASS" PENA A/IO TO S/1 73-0161-569-19 MANUAL MCS246 - 13 3- PUBL EMP RET ASSN PENA 6/19 TO 5/1 74-4141-590-93 MANUAL 3.3--2 I. KO247 14 11 CITY OF WAYZATA IST ON UNION 72-6159-549-91 MANUAL MCO2.6 si w BLUMBERG COMN EQUIP PARTS 01-4232-E49-42 MANUAL . 00 MC8249 .•:' 11 POSTMASTER POSTAGE 01-4321-039-19 MANUAL "Col.- POSTMASTER POSTAGE 01-4321-059-14 MANUAL MCe V9 - POSTMASTER POSTAGE 01-4321-069-IS MANUAL .CL2.9 I POSTMASTER POSTAGE 01-4391-199-31 MANUAL MCBEH S 00 POSTMASTER POSTAGE 01-43E1-IT9-33 MANUAL W0219 ^_ 00 POSTMASTER POSTARE 01-4321-E49-49 MANUAL 0! 00 ...... ...-CNS =-1 17 FUND O1 TOTAL GENERAL FUND 1.663 92 FUND 72 TOTAL WATER OPERATING FUND 929.31 FUND 73 TOTAL SEWER OPERATING FUND 909 12 FUND A TOTAL GOLF COURSE OPERATING FD 1C 26. 02 TOTAL 1988 CITY OF ORONO CMECB NO DATE AMOUNT 1600&F 06.09:88 684.97 684 97 . 165006 06,09/88 16 69 165006 06,09/98 16. 71 1.5006 06,09/88 16.69 f s5006 06,09,88 16. 69 • 1,506, 06/09/88 16.49 1CS096 061,09/69 16.69 100.16 A • 165000 06,09/99 362.60 362 80 . 165009 04,05,88 2.550.00 9.550.00 ' 165010 06,09,86 2.TS 165010 06/09/88 4.13 688 F 1 i5030 06/09/86 19.43 I6S030 06/09/89 19. 43 IGS030 06,09,92 19 43- 165030 OE/09= 19 .3 165030 06 19 43 165030 06,09,99 23 50 165030 06/09/9.9 19 43 16SO30 06/09,90 19.43 120 65 . I 165031 00.09,6C 2 33 14543, 06/09/28 02 • 145031 04/09/88 .T9 3 94 . 165034 06,09/66 100.19 165034 06/09/69 E0. 97 I45034 06,09/89 23.30 16503. 04,09/98 8I.S5 • 16SO34 06,09,88 6.99 E33. 00 . • u..0 165063 06/09/08 250 00 • 165063 04/09/89 so 00 300 00 . CHECK REGISTER VENDOR ITEM DESCRIPTION ALL STAR PRO GOLF CO PROSHOP RESALE ACRO-MINMESOTA INC OFFICE SUPPLIES ACRO-MINNESOTA INC OFFICE SUPPLIES ACRO-MINNESOTA INC OFFICE SUPPLIES ACRO-MINNESOTA INC OFFICE SUPPLIES ACRO-MINNESOTA INC OFFICE SUPPLIES ACRO-MINNESOTA INC OFFICE SUPPLIES 06-13-9e PAGE 1 ACCOUNT N0. INW, 0 P.O. 0 MESSAGE 74-4901-591-94 01-4210-039-12 01-4210-059-14 01-4210-069-t5 01-6210-129-31 01-4210-IT.-33 01-4210-e49-42 ALL STEEL PRODUCTS STREET MATERIALS 01-4233-249-42 ALLIED BLACKTOP CO SWEEPER RENTAL 01-4331-249-42 AT&T INFO SYSTEM TELEPHONE 1E-43EO-541-91 AT&T IWO SYSTEM TELEPHONE 73-4EO-S49-90 AT 6 T INFO SYSTEM DATA PROCESSING 01-4340-639-12 AT E T INFO SYSTEM DATA PROCESSING 01-4346-059-19 AT 6 T INFO SYSTEM DATA PROCESSING 01-4340-059-12 AT 6 T INFO SYSTEM DATA PROCESSING 01-4340-459-14 AT 6 T INFO SYSTEM DATA PROCESSING 01-4340-069-IS AT & T INFO SYSTEM DATA PROCESSING 01-4340-129-31 AT 6 T INFO SYSTEM DATA PROCESSING 01-4340-114-33 AT 6 T INFO SYSTEM DATA PROCESSING 01-4340-R49-42 AT 6 T CONK TELEPHONE o1-4320-039-12 AT 6 T COMM TELEPHONE 01-4320-129-31 AT 6 T COMA TELEPHONE 74-4320-590-93 ANCHOR PAPER OFFICE SUPPLIES O1-4210-039-12 ANCHOR PAPER OFFICE SUPPLIES 01-4210-099-14 ANCHOR PAPER OFFICE SUPPLIES Ot-4210-069-15 ANCHOR PAPER OFFICE SUPPLIES 01-4210-174-33 ANCHOR PAPER OFFICE SUPPLIES 74-4210-590-93 BFI EQUIP RENTAL Ot-4331-290-61 BFI EQUIP RENTAL 74d331-590-93 ..-CMS ...-CAS ...-CKE .... CKS 19" CIT1 OF 0K0M0 1 C1CCY W. DATE ILS06S 06,09/SS 165065 06/09/08 1690T0 es'09/SO 165090 .6/O9/SS 16S061 06,09/66 165005 o6i49; 68 165110 0610910B 16SI H 06/091-9 i 6512. 06/09/60 651ES 06/09/66 1691)1 u6/09/60 I es u1 o6r09r96 1651.t 06/09r88 165192 06/091 165142 060906 1651/t 06,09,8 8 IGS1.! 0609/89 16EIa 06,09 /00 CMEG. REGI.IER 06-19-99 PAGE t AMOUNT KNOBS ITEM DESCRIPTION ACCOUNT N0. INV. 0 P.O. 0 MEBWCE 65. 00 SLACKOUTAK 6 SOME MAY SERVICE 01-930-•99-17 100 60 SLACKONIAK A ROSS MAY SERVICE 01-4343-190-61 165 00 . ....CK6 S40 00 WARIBN 6 ASSOCIATES SPACE STUDY 1S-4306-GSO-00 _'S TO BOARMAN 6 ASSOCIATES SPACE STUDY 15-4399-6SO-00 565 TO . ...-CEO I09 66 BLACKS PHOTOGRAPHY PHOTOS 01-4110-199-01 109 66 ...-CEl �.. IO BUDGET PRIG PRINTING 01-092-1ES-01 2d. 10 . ....CK5 139.40 CHAPIN PUBLISHING PUBLISHING 01-43ES-249-49 139 .0 ....CHI 114 S6 CITYVIFU PLMSG 6 NTC MAINT SLDGS 01-4309-099-17 u. S6 ...-CK: 679. TO COCA COLA VENDING CONCESSIONS RESALE 74-4s0[-591-94 679 TO . .... CM .J] 99 CONCEPT MICROFILM OTHER CONSULTING 01-006-174-33 .i1 09 . ...-CK6 381. TO COMMERCIAL SLOG MT JANITORIAL Nov 01-431(9-699-17 266.60 COMMERCIAL SLOG NOT iANITO11IAl OBRV 61-9349-129-91 6S6 10 . ...-CKS 307.06 COPY DIN PR INC COPIES O1-4210-039-I2 64.44 COPY CAP OR INC COPIES 01-4110-059-14 71 60 COPY CUP PR INC COPIES 01-6210-961-IS 164 9R COPY SUP PR INC COPIED 01-.l10-1H-1t [50.E9 COPY DIN PR INC COPIES 01-41!I6-179-33 21.47 COPY OUR PR INC COPIES 74-0l10-590-93 l 1168 CITY OF MO11D - CMECV NO D6TE ' ltS191 06/09,08 165150 06/09/80 ' 165156 06/09/60 165155 06/09 /66 4S107 06,09,69 165189 O V 09/08 ' 165199 06/09/68 - '65202 06it9: BE 662,2 06,0912E i65228 06/09,80 - ' IGS244 06/09/80 = I6SRS. 06,09/68 CNECK REGISTER 06-13-441 PAGE 3 AMOUNT VENDOM ITEM MCSIPTIGG ACCOUNT NO. INV. • F.O. 0 MESSAGE 900 78 a** -CMS 20. 00 COMMISSIONER TRANS SIGN "MIT 74-9323-590-93 20 00 17. 55 COME SUGGEST STAMP DESK SIGN 01-4382-174-33 I? SO ...-CMS 35. 30 CULLIGAN PAINT BLDGB 01-4343-099-1i 5.00 CULLIGAN MINT SLEDS 74-0343-590-93 M {0 30 •.•-CMS 19,81 CUBNKAN MOTOR CO INC EQUIP PARTS 70-4t30-590-93 99.61 ..•-CMS •T. 50 EAST BIDE BEVERAGE pE[R PURCHASE 71-I8I5-591-94 I 250 91.16 E A BYEEN CONCEt8IDM8 RESALE 14-46Ot-591-94 I 91.15 5!5 58 F M SENNER { SON9 MACKGGRRT PARK UELL 1E-4530-390-00 595.56 ....CMS 42. 60 EMR6M BAKING CO CONCESSIONS 79-4302-591-90 92 60 ...-Cgs g, 14.IS EXPRESS PE9GGNCER POSTAGE 01-4321-174-33 1• IS ...-CKS 30,325.00 FIRST TRUST CO INC TNT qK T-I-GG 05-44LO-90-00 30. J25.00 I o•-CNB 20,296. 00 DAMMED RECROS CGGP ELECTION EQUIP 14-0560-62T-00 t0,t911.80 ...-CKS 338.49 "WEAL REPAIR BV MAINT LIFT STATIONS 73-4311-569-92 1968 CITY OF ORONO CHECY NO DATE 165256 06/09,06 165256 06/09/60 165256 06,09/94 t 5267 06,09,66 -65292 06/69,06 165272 06,09/98 165212 06,09/66 165212 06/09,00 165272 06/09/06 *165275 06/09/86 165275 06/09/88 165275 06/09/86 165295 06/09,88 16528406,09/88 16536T 06/09/88 1653;9 06,09,68 165J30 06/09/98 CHECK KCCSTER 06-13-80 PAK . AMOUNT VEINIOR ITEM INAMIPTIOM ACCOUNT NO. INV. 0 P.O. 0 MESSAGE r 330 .9 ...-CAS I t2 "WINE PARTS CO SLDG (MINT SUPPL 01-4231-699-17 5 24 SERVING PARTS CO KATHY GUIDE 72-461-549-91 II 9. OENUIRE PARTS CO MINT AUT02 73-1311569-92 t0 30 ... Cgs 096 00 GOLF CAR MI DUE ST ]iORE LEASE PnT 74-4331590-93 09f 00 ....COS 162 12 C 6 N SERVICES CLOTHING 01-4291-249-42 T5 20 G 0 R SERVICES BLOC MINT 01-6343-129-31 13.90 C 6 R SERVICES CLOTHING 7S-4221549-91 20 96 9 6 R SERVICES CLOTHING 73-6221-569-92 12. 51 G 6 N SERVICES CLOTHING 74-4221-590-93 28. 59 . ....COS 406 17 GROUP HEALTH INC HOOP INS JUN 01-4t51-121-31 506 23 GROUP HEALTH INC map INS JUN 01-9101-1H-31 75 95 CROUP HEALTH INC NOCP INS JUN 01-4151-174-33 I76 01 CROUP HEALTH INC HOOP INS JUN 14-4151-590-93 1,16. 36 ....COS 66 95 NAPPYS POTATO CHIP CONCE02IOK RESALE 74-NO2-591-94 69 .5 ..•-COS 1.603 00 11EN1 CTY FIN DIV JAIL CHARGES 01-4350-080-16 1.603 OC . ...-COS 39. 857.14 WAR CO TREASURER CR I S/NAVAKE t4-463t-021-00 L. 39,857 1. . i2 10 NEW CTY SHERIFF OPT MINT RISC EQUIP 01-4302-129-31 12 16 . ....CNS 86 87 ICIA RETARNT CORD ICNA 5/16 TO 9/29 01-4t60-639-12 86 67 ....CNS ION CITY OF WORD CHECK W DATE IAS363 06�09.8e Iv5397 06:09/e8 ' 165397 06,09,89 I15397 06,09,86 115397 06,09/ee 165404 06/09/68 16L404 06,09,68 • 16S43S 06/09/88 165435 06,09/88 65435 06,09/06 65435 06/09/0e I65435 06,09,09 ' 16S43S 06/09/6e 16543S 06/69/88 16543S 06/09/88 ' 165.35 06/69/82 16S435 06,09,88 165435 06/09/Be ' 165435 04/09,88 165435 06/09/68 ' t65437 06,09,68 165437 46/09,89 ' 16S456 06/09/98 165469 06/09/86 ' 16546I 06/09/88 165.61 06/09/98 165.67 06/09/88 ' 16546I 06,09188 16S46I 06,01188 CHECK REGISTION AMOUNT VENDOR ITEM DESCRIPTION 36 13 TOM JACOSS MILEAGE 06-t3-00 PAGE S ACCOUNT W. IMV. 6 P.O. 6 MESSAGE ` I 01-4361-174-33 30 13 ....CMS 30 36 FUENN-THMAS MILEAGE MAY 01-4381-069-15 1 IT KDENY-THMAS MILEAN MAY 01-4381-129-31 9 39 •UEMM-YNMAS MILEAGE MAY Ot-4361-t14-33 9 39 NUENN-THMAS MILEAGE MAY 73-4381-569-92 50 31 ....CMS 2I. 24 THE LAMER PUSLISNINC 01-4322-039-12 TT 95 THE LAMER PUBLISHING 01-4392-174-33 105.19 - ...-CMS 9.07 LOG19 - QUITE 300 SEPTIC LABELS 01-6210-114-33 no.96 LOGIS - SUITE 300 MNT OFFI CIE EQUIP 01-4310-039-12 3S9.27 LOGIS - SUITE 300 MNT OFFICE EQUIP 01-4340-174-33 492. 91 0615 - SUITE 300 LOGIS AMIN APRIL 01-4352-069-15 IST IT LOGIS - SUITE 300 LOGIS AMIN APRIL 01-43SE-IE9-31 246.4I LOCI$ - SUITE 300 LOGIS AMIN APRIL 01-.35E-174-33 743.51 LOGO - SUITE 300 DATA PROC APRIL 01-4355-369-15 252. 15 LOGIS - SUITE 300 DATA PROC APRIL 01-43SS-129-3I .80... LOG]$ - SUITE 300 DATA PROC APRIL CI-43SS-II4-33 9e.59 LOGIS - SUITE 300 LOCIS AMIN APRIL 72-4352-549-91 90.43 LOGIS - SUITE 300 DATA PROC APRIL 72-4355-549-91 I47.08 LOGIS - SUITE 300 LOGIS AMIN APRIL 73-4352-569-92 229.2. LOCI$ - SUITE 300 DATA PROC APRIL 73-4355-569-92 3.70S. 39 • ....CMS I1. 15 CITY OF LONG LAKE APRIL HARRINGTON 73-4344-569-92 60.S4 CITY OF LONG LAME MARCH HARRINGTON 73-4344-569-92 131 69 . .... CFS EE.83 MASUSTH-JEANK MEETINGS 01-4356-170-33 et 63 . ....CMS 78 40 NED CIS HEALTH CARE HOW INS JUN 01-41S1-639-12 70.40 ME CIS HEALTH CARE HOW INS JM 01-41S1-069-15 79 40 MID CTR MALIN CARE MOAP INS JM 01-61S1-126-31 165 11 RED CTR HEALTH CARE M08P INS JM 01-4tS1-129-3t 176 01 MO CIA HEALTH CARE MOSP INS JM 01-4151-174-33 352. 02 MO CIO HEALTH CARE HOBO INS JM 01-6151-249-42 926.3. . 1900 CITY OF DRUNK) CNECN NO DATE 1 K9]♦ 06/09/ee H"b0 06,09/e8 1EE.e5 .6/09/ee 1 -.495 -6109,08 1EN50 06,09/98 105990 06/09/88 165990 06/09/96 it 06,09,68 If5509 06:09/ee 165595 01,09/20 165531 06/09:0e 1fSs.2 o"09,8e 165595 04/09/06 I65545 06/01/84 CHECK REGISTEII 06-13-U PUCE 6 ANOUNT VENDOR ITEM IESCRIPTION ACCOUNT W. IM. 0 P.O. 0 MESSAGE .... Cgs I4.6s2 II METRO WASTE CONTROL TUNE SERVICE 73-1202-000-00 i 14,652.11 ...-CN6 n 2 09 n3DUE8T ASPHALT STREET MINT MT 01-4e33-e49-9e { 1fE 09 • ...-CNs 1 Is 38 HPLS OXYGEN CO EQUIP PARTS 01-6232-leg-31 21 00 NFL# OXYGEN DO UTILITIES 01-91e+-049-4e 37 36 ..--CMS 9 59 11INMESARO UTILITIES 01-9329-M-31 139.37 MIMIECABCO UTILITIES 7e-63e6-549-11 6.76 MINRCABCO UTILITIES T3-6329-561-9e 1511.71! . i ...-CNs 7.00 NN BENEFIT AM LIFE INS 01-0152-126-31 T.00 ...-Cgs 2e 51 MIMM COMM TELEPHONE 01-0320-129-31 2s st .... Cgs 137 55 MN FIRE 6 SAFETY MINT RISC EQUIP 01-630e-129-31 13? 55 ...-CNs 21T 00 MOBILE RADIO ENG INC REMOVE/INSTALL PHONE 01-+34e-129-31 217.00 1. •.•-CNB e0 60 QUNITECM INC TEST WATER METER TE-131E-5+9-91 20. 00 ...-CNs 218.s9 NAVARRE AUTO REPAIR MINT "TO 01-+341-249-+2 130 TO MVARNE AUTO REPAIR MINT AUTO 79-4341-590-93 , 3.9.e9 ..•-CMS 1966 CITY OF "GRO ' CHECK NO DATE AMOUNT 65557 64,09/89 30,00 30 00 . 165559 :n: 09/86 251 52 • 165S51 06,09,89 210. 09 1E5559 06/09/06 2 73 IE5559 C6/09/88 187.56 • I65S59 96.09/80 17. 90 It5559 06:09,88 920 32 165S59 06,09,80 1.521 OT 1e+551 06/09/80 836 67 165559 06/09lPa 69.15 ♦.025 OT 0 165566 06/09,88 52. 79 165568 06,09/06 St. 79 16S568 06,09,88 26. 39 4 165568 06-09,86 ITT 29 165568 06/091,6 52 79 16S568 06,09,08 73 81 • 165568 06,09,90 52 79 165566 06/09/ST 20 75 165566 06/09/88 10 54 • 165568 06/09/88 31 I2 165568 04,09/88 15 84 16SS68 06/49,66 1a5 2. • 16SS68 06,09,98 1U5 .0 TTT S. 16SS97 O6/09/68 IB 00 - 16 00 165613 00'V5,68 4.00 4.00 • 165621 06".•86 1.271 59 165621 06/0"as 456 55 165621 06,07/94 I52. 00 BY 165691 06/09,98 /34.75 16621 06,09/08 1,006. 75 160621 06/01/60 280.55 ON 165621 06,09,66 70. 00 165621 06/09/811 41. B2 9 165621 01,09,88 62 73 CHECK REGISTER VENCJR ITS. DESCRIPTION NO STAR CHPTR IC90 :-1ERSHIPS 06-13-66 PAGE T ACCOUNT M. INV. 0 P.O. F MESSAGE R 01-4386-174-33 HER UTILITIES 01-4324-491-17 NSP UTILITIES 01-4324-129-31 NSP UTILITIES 01-63t6-1711-34 NSP UTILITIES 01-4324-269-42 NSP UTILITIES 01-4324-290-61 N5P UTILITIES 01-4325-249-42 NSA UTILITIES 72-4324-549-91 NSP UTILITIES 73-4324-S69-92 NSP UTILITIES 74-4324-590-93 NORTHWESTERN BELL TELEPHONE 01-8380-639-I11 NORTHWESTERN BELL TELEPHONE 01-9320-951-10 NORTHWESTERN BELL TELEPHONE 01-4326-069-15 NORTNWESTERN BELL TELEPHONE 01-43RO-129-31 NORTHWESTERN BELL TELEPHONE 01-4320-174-33 NORTHWESTERN BELL TELEPHONE 01-4320-175-34 NORTHWESTERN BELL TELEPHONE 01-63E6-249-92 MORTHWESTERN BELL TELEPHONE 72-0320-509-91 NORTHWESTERN BELL TELEPHONE 72-4320-561-91 NORTHWESTERN SELL TELEPHONE 73-4320-569-9t NORTHWESTERN BELL TELEPHONE 73-6320-569-92 NORTHWESTERN BELL TELEPHONE 79-4320-596-93 NORTHWESTERN BELL ADVERTISING 74-4323-590-93 PUBLIC EMPL REV ASSN LIFE INS JUNIJUL 01-4NS2-129-31 PERRY6 TRUCK REPAIR EQUIP PANTS 01-4232-249-42 PHYSICIANS HEALTH M09P INS TUNE 01-3872-000-00 PHYSICIANS HEALTH W031 INS JUNE 01-4151-039-12 PHYSICIANS HEALTH HOSP INS JUNE 01-41SI-069-IS PHYSICIANS NEALTN NOSP INS JUNE 01-41SI-126-31 PHYSICIANS HEALTH NOop INS JUNE 01-41SI-129-31 PHYSICIANS HEALTH H00 INS JUNE 0I-4I.I-174-33 PHYSICIANS HEALTH MOSP INS JUNE 01-4151-2.9-42 PHYSICIANS WEALTH HOBP INS JUNE 72-4I51-549-91 PHYSICIANS WEALTH HU5P INS JUNE 13-4151-569-92 ..P-CMS CHECK ND DATE 165T05 f6ia99_ 1i5i2T 06�(^.f? IGSTT0 I65TT0 06,0° —' I LSTii 46•f°. 165712 06,01/66 16ST92 06101.88 I65719 06/01'e6 16Nt. 66/09/68 CHLCN REGISTER 66-13-105 PIKE S AMUNT VENDOR ITEM DESCRIPTION ACCOUNT M. SM. O R.O. S IRSSAG'E 4,610. T3 ...-CRS 9. 30 PRAIRIE OFFSET PRINTING 01-4322-174-33 9. 30 •u-CRS 1.917 00 ROLLINS OIL CO GASOLINE 01-1260-000-00 1,517 Od •• -CHS 3..10 00 ROST A ELLER ASSOC EM ST LITE$ NAVARRE 24-4305-421-00 CNS 205 52 SPAULDING PRO SHOP RESALE 74-4801-591-94 eos.s2 .... IRS 339 20 SPECIALTY SCREENING EQUIP PARTS 01-4232-129-31 339 20 .•.-CHS 285.00 TESSPAN SEED CO GROUNDS PRINT SUPPL 7.-4231-S90-93 e S5.00 . -CHS 513 00 TEMPORARIES TO GO HAAVISTO 5/13-20-27 01-4306-039-IE 513 00 TEMPORARIES TO GO HAAVISTO 5/13-20-27 01-4306-174-33 C26 CO - ....CHS 126 75 THORPE DIST CO BEER PURCHASE 74-.81S-591-9. 120 1E ....CRS 43 87 TUIN CITIES DICTM SV OFFICE SUPPLIES 01-4210-020-11 C 61 THIN CITIES OICTN SV OFFICE SUPPLIES 01-.210-039-12 S 66 TCIN CITIES OICTN SV OFFICE SUPPLIES 01-4210-174-33 5. 3S u-CMB 97 71 US VEST CELLULAR INC TELEPHONE 01-4320-129-31 97. 71 ....CKS 196E Ci T1 OF DRINK) CHECK RECISTEII 06-13-86 PAGE 9 CHECK HO D•IE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO, INV. S P.0 • MESSAGE t L5N1 C.,09108 IS). 25 WATER PRODUCTS CO MAINT WATER PLANT 72-9345-SA9-91 1ST. e5 1 LSB)5 06149,88 B.R9 WRIGHT HENN ELECTRIC UTILITIES 01-4326-249-4e 0 29 ••.••• ...-CPS 195111 06/09V0S 50J.00 PRO LAWNS ASSOC WEED CONTROL 01-qAD-e90-• 503 06 ,—toe LLi09/EB 45 00 MCCAUL JIM BLDC (MINT 01-4343-019-17 .5 00 1,1903 061091EP )0.00 DICKS AUTO DETAIL MAINT AUTO 01-434I-199-31 )0 00 ' I.S90• 04/0//88 18.00 WESCO PUBLISHING INC PENIODI CALS 01-42441-174-33 12 J0 165905 06/09/09 110 00 MIKA BOAT RENTAL PONTOON RENTAL 01-4311-290-61 110 00 165906 06/09/20 62M 50 PROCESS SPECIALTIES PRO SHOP RESALE 74-4601-591-94 92.. SO 165907 66,09 Be 19 00 FIRE CHIEF PERIODICALS 01-4N0-171-33 t9 00 165900 06/09,'i SMR.50 METRO WASTE CONTROL MAY SAC CHANCES 01-2226-000-00 5N 50 16F9c9 Gf a, .� 6..50 00 NORTH STAN TURF INC GREENSAIRE 7.-4560-590-93 6,e50 00 165910 06,0918E 315. 00 LANDSCAPE PRODUCTS GNOUNDS MAINT SUPPL 01-6231-e90-61 315 00 1659'i 06', 722 2S NY) 55 RENTAL TREE SPADE RENTAL 01-433I-290-61 Tee.NS !65912 O1,09,60 eR SO AINEICNAL INC MAINT MISC EWIP 01-434e-It9-3t 22. 50 16SI13 06i09,ta 1.020,00 TOWA DOCK INSTALL DOCKS 01-4343-t10-61 1,OeM.00 16591-0 06,09,88 R50.00 BUREAU OF ALCOHOL FED TAX STAMP 74-4383-590-93 Q60.00 16591S 06/09106 6J.fE AM SIMONSON REFUND SEWER BILL 73-1191-000-00 63 65 1004 Clll OF "Wil, CHECK N0 DATE 165916 04,09/N 1 �: 91T Od/OVA AMUNT 39 50 39 50 T90 90 T96 40 28.774 IS 595 M 2U.296 00 565 TO Q.26T IJ Z0.]25 00 2.121 11 16.562 50 11.1T5 21 'S3.61.2 99 CHECK REGISTER VENDOR ITEM MSCRIPTIM CUSTM QUICK PRINTM ORGANIZATION CHARTS AN ARTMUR NELSON AM RFD ARMPIT 56-6971 66-I3-011 PACE 10 ACCOUNT W0 INV. 0 P.O. E RESOACE 1 FUND 01 TOTAL GENERAL FUND FUND IR TOTAL PARK FUMD FUND 16 TOTAL INFROVE 6 EQUIP OUTLAY F FUND IS TOTAL SUILMC CM ITAL OUTLAY F FWD N TOTAL PER" INFROVE REVOLVING F FWD 05 TOTAL IMS IN SONS D/0 FUND FM TE TOTAL UATIA OPERATING FWD FUND TZ TOTAL SEVER OPERATING FUND FUND TA TOTAL GOLF COMM OPERATING TO TOTAL 61-6322-969-15 01-3131-000-00 1 �yvca k. IENDANCE CITY OF ORONO MEETING DATE 1(J I3 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) I • O [:S 3. t� 2U Cie• 'c0 o el%� Ji.ue,vce —� 4. �* V — 6. 7.�/YS�/7f E O ,rlw� 9. 0. W p 3. 3. t. — 5. 6. 7. 8. 9. 0. IZ4 1 w:Fi NG J�!,� 13 f�� MINUTES OF THE PLANNING COMMISSION MEETING NELD MAY 16, 1988 ATTENDA*CE 7:03 P.M. The Planning Commission met on the above date with the following members present: Chairman Kelley, Bellows, Hanson, and Moos. Brown arri�,ed at 7:28 P.M. Johnson and Cohen were absent. The fcllowing represented the City staff: Building i Zoning Administrator Mabusth, Assistant Planning c Zoning Administrator Gaffron, Building Official Jacobs, and City Recorder Peterson, Councilmembrre Peterson and Callahan were also present. Chairman Kelley welcomed newly appointed Planning Commission member Sara Moos. 01267 JANE LEVERING 1585 SIETP. AVENUE ROM PRELIMINARY SUBDIVISION PUBLIC ENARING 7:06-7:57 The Affidavit of Publication and Certificate of Nailing were noted. Jo Heisler of ^entury 23. was present representing the applicant. It was noted that the survey showed the public road as Dakota `.venue but is actually Long Lake Blvd. Mabusth explained the proposed division of legally combined lots along already platted lot lines. Staff recommends approval finding all the starlprds of the RR - IS zoning district and on -site septic have been satisfied. Gaffron noted that the State has a minimum 50' well -to - septic setback and the City's minimum setback is 75'. In this case, the setback is proposed at 55' which meets the State's setback and staff finds no problem with granting a variance to the City's setback standard. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by Bellows, to recommend approval staff recommendation. Motion, Ayes 1, Nays 0. (Br, as not present for this vote.) 01270 DAVID 6 1230 6 1260 ORONO OAKS DUIVR P212J3113 T SUBDIVISION PUBLIC ENRPING Mabusth stated that applicants have withdrawn their application. 1 M13UTES OF THE PLAAIRG COMMISSION MEETING 8ffiA MAY 16, 1968 #1222 JAN MATE 1895 CONCORDIA 82N W AFTER -TM -PACT CONDITIONAL USE PERMIT SECOND RNIBw Mabusth explained that this application for an after - the -fact vanditional uae permit for lakeshore restoration work was tabled in November 1987 pending resolve of the method used to stabilize the damaged lakeshoxe bank. She reviewed the restoration work done at the site and staff's recommendation. Phyllis ways was present for this matter. She noted that they would prefer to rover the limestone area with topsoil and plantings rather than :remove limestone. Mabusth referred to the two opt!r available to applicant in staff's memo. She, notese the importance of erosion controls in this proje-t. After past discussions with architect James Robin, Bellows felt that the plan is reasonable. She voiced concerns with controlling deposits into the lake during the project and that the project be monitored closely by staff. It was moved by Bellows, seconded by Kelley. recommend approval of the after -the -fact conditional permit per staff recommendation inc'uding allowing I1 green area to remain Js limestc:e subject to prop. erosion controls •-ing and a°ter the project until plantings are well atl!,ahed. Motion, Ayer 6, Nays 0. (Brown was not pwesenr for this vote.) Ilan; `XI1mMARD NBkINDiJMUB RIVERS =.r^ ff•NORRLINE DRTVE !-<-aLotONAL PER PERIMI"ARIANCES/ COMUMCLAL SITE P'JAN REVIEW SECOND REVIEN James Rivers was present for s utter. Jacobs revie, '',a varl-ars :_guests related to the commercial r . cnv• outlined in staff memo. Mr. Rivers d to paving the parking lots because _ ily break up because of the water le-, c:Jitrons. kelley a • s. . . Rive •s and felt that crushed rock was preier. aaphar� In the pa-k•,�g area.* with exception w _ xr,. already paved. Bellows and Ranson ,oncurred. 2 MINUTES OP THE PLANNING COMMISSION MEETING HELD MAY 16, 1968 01263 WINDWARD MARIMA/RIVERS CONTINUED Kelley felt that a crosswalk should be designated across the County Road. It was moved �V 'elley, seconded by Brown, to recommend approval of the following: 1. Setback along street variance as proposed. 2. Variance for four parking spaces. 3. Hardcover variances on both the Tanager Lak, side and Browns Bay side as proposed. 4. Lakeshore setback variance as proposed. 5. Allow co,,.., arcial activity within 504 of residential district. 6. Lot area and lot width variances. Hardship based on the existing current structure. 7. Variances for lakeshore, side yard, and front landscaping along the parking lots along County Road 15, however allowing 10' landscaping in front of the building. 8. Variance to allow crushed rock surface instead of asphalt. Subject to the findings outlined in staff's memo and the fallowing conditions: 1. Hydraulic volume information on the east and west side. 2. Feasibility of a designated crosswalk. Finding the hardship is the shape and size of the existing commercially used property Bellows suggested that a fence be placed in lieu of the waived landscaping. Jacobs felt that a fence would obstruct sightlrnes etc. Ri explained his intentions for landscaping if its a 30' right-cf-way from the County. on, Ayes 5, Nays Jacobs reviewed the commercial site plan. He noted `.hat the building size has been reduced. Bellows questioned th, eed for 3 years to accomplish the project and felt a specific ti a period should be determined. Mr. Rivers explained that he plans do the Tanager Leke aide improvements this summer, a,d complete the other side when finencin- is available. MINUSES OF THE PLAENING COMMISSION MEETING HELD MAY 16, 1988 41263 WINDWARD MARIMA/RIVERS CONTINUED Mabusth explained that if the Council is agreeable, an agreement could be made with the owner/applicant of the property to approve the project for a 3 year time period. It was moved by Kelley, seconded by Bellows, to recommend approval of the commercial site plan as proposed per staff recommendations subject to the following conditions: 1. Designation of a crosswalk across the County Road. 2. Completion of the east side of the Browns Bay side by November 30, 1988. 3. Paving is only requried on half of Tanager Lake parking area which already exists at this time. Motion, Ayes 5, Nays 0. 41265 MINNP.TONKA ALAMO GROUP INC. 2760 PDX STREET VARIANCE/CGBCITIOHAL USE PERMIT PUBLIC HEARING 7:56-8:04 The Affidavit of Publication and Certificate of Mailing were noted. Gerald Johnson and Roger Koehnen were preaen+ for this matter representing the Alano Group. Mabusth explained the request for a conditional use permit to formally allow the non-profit club use within a residential zone; and a setback variance for expansion of the parking area within the front/street required yard areas. She advised that any future residential use of the property would be very limited because the expansion of the parking area would destroy the suitable septic area. Kelley asked why not keep the parking area grass rather than asphalt. Mr. Johnson stated that they need an additional 24 parking spaces and this can only be accomplished by utilizing the septic area and putting in a holding tank. They feel leaving the parking area grass would only kill the grass and provide a muddy parking area. Kelley felt that this non -prof' club use was an ideal use for the property and did not feel it would ever be changed to a residential use. There were no comments from the public regarding this matter and the public hearing- was closed. 4 MINUSES OF THE PLANNING COMMISSION MRRTIWG HELD MAY 16, 1988 #1265 MINNETONKA ALAMO GROUP INC. It was moved by Kelley, seconded by Hanson, to recommend approval of the conditional use permit, setback variance, and variance for the use of a holding tank as proposed. Motion, Ayes 5, Heys 0. #1266 GAIL LIVINGSTON 2665 SIXTH AVENUE NORTH VARIANCE PUBLIC HEARING 8:05-8:10 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request for a variance to maintain 2 horses at a 2.34 acre homestead. She explained that when horses are kept stabled and do not require a pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Applicant will provide feed and has no need for the additional pasture area for the feeding of two horses. Gail Livingston was present for this matter and stated she is in the process of moving, the house is for sale, and prospective buyers have inquired about being allowed to maintain horses on the property. Kelley stated he did not like granting variances to someone who will not be owning and living on the p: operty. Bellows concurred with Kelley, but noted she did not see a problem with recommending approval of this particular request to the new homeowner. Brown and Hanson agreed with Bellows and Kelley. Planning Commission and staff advised Ms. Livingston how to proceed with this application when she has a actual buyer and purchase agreement. There were no comments from the public regarding this matter. It was moved by Kelley, seconded by Bellows, to table Application 41266 at this time. Motion, Ayes 5, Nays 0. 5 RINOTER OP THE PLAMMIEG COMMISSION MRSTING REM MAY 16, 1988 11268 DONALD R. PETERSOR 3048 NORTH SHORE DRIVR VARIANCR PUBLIC REARING 8:10-St15 The Affidavit of Publication and Certificate of Mailing were noted. Donald Peterson was present for this matter. Gaffron explained the request for a hardcover variance in the 75-250' zone to construct room expansion to the west side of the house. He noted that the only reasonable area where hardcover could be removed would be in the driveway area, but not enough hardcover could be removed to off -set the proposed increase and maintain a functional driveway. Kelley asked applicant what the hardship was for needing the variance? Mr. Peterson explained the need to relocate a bathroom from the main entrance area to the proposed expanded caster bedroom area. Bellows stated she understood the desire to improve the property but felt the application lacked an exhibited hardship to justify granting the variance. She noted that the application did not include a sketch of the existing interior of the house which would be helpful in making a decision. Mr. Peterson explained the existing interior of the house. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Brown, seconded by Banscn, to recommend approval of the hardcover variance is proposed per staff recommendation finding the hardship being the configuration of the lot precludes sufficient use of the land within the 0-250' zone, subject to no additional hardcover allowed on the property. Kelley stated he felt torn on this application but felt there was some validity to the above stated hardship. Kelley and Bellows did not feel that removal of part of the driveway back-up apron was practical in this case. Bellows stated she would support this application finding that there are some reasonable hardships related to the lot. 6 MINUTES OF THE PLANNING COMMISSION IEETING NEW MAY 16, 1988 91268 PETERSON CONTINUED Mr. Peterson noted that there is a 4' wide rock horder around the house that is underlayed with plastic which he would like to remove at some point to allow the additional hardcover of a deck. Gaffron stated that these rock beds were not included in the hardcover calculations and this new information increases the existing and proposed hardcover calculations. It was moved by Brown, seconded by Hanson, to withdraw the previous motion because it was based on inaccurate hardcover calculations. It was moved by Kelley, seconded by Hanson, to table this application until the June 6th meeting pending a comprehensive site plan from applicant. Motion, Ayes 5, Mays 0. 01269 RICHARD 6 JABS NOLAND 1395 06000 LEON CONDITIONAL USE PERMIT PUBLIC HEARING 8s16-8s39 The Affidavit of Publication and Certificate of Mailing were noted. Richard a Jane Noland were present for this matter. Mabusth explained the request for a conditional use permit for a guest apartment within a detached garage. This particular guest apartment use existed within the structure prior to 1982. She explained the history of this guest apartment use and the covenant filed wit* '.he chain of title which would allow the reinstatement of the use upon application for the appropriate permits. Mrs. Noland stated that the guest apartment will be occupied by her aunt during the months of April through November. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Hanson, to recommend approval per staffs' recommendation and subject to the following conditions (if it is legally permitted within the covenant): 1. Guest apartment cannot be rented. 2. The conditional use permit is only approved for the use cf the extended family of the owner of the property and proposed use for a caretaker will require a separate conditional use permit. Motion, Ayes 5, Nays 0. MINUTES OF THE PLANNING COMMISSION WMING NEW MAY 16, 1988 01271 RICK NICCUM 2154 SHADYMOOD ROAD VARIANCE PUBLIC RRARIRG 8:15-8t51 The Affidavit of Publication and Certificate of Mailing were noted. Rick Niccum was present for this matter. Gaffron explained the request for a hardcover variance to remove an existing one car detached garage and replace it with a three stall garage to be located in the 250-500' setback zone. He reviewed the existing and proposed hardcover and hardcover credits. Kelley felt the proposed 250-500' hardcover was excessive. Bellows felt that the design and location of the garage was not workable for maneuvering care into the garage and that ultimately more hardcover would be needed to correct this problem. Mr. Niccum agreed that there may be a problem with maneuvering cars. Brown questioned if a 3 stall garage was necessary when hardcover is the issue? Mr. Niccum stated that the third stall wes needed for boat storage. There were no comments from the public regarding this matter. It was moved by Kelley, seconded by Hanson, to table Application i1271 pending a redesigned proposal. Motion, Ayes 5, Nays 0. 91272 RICHARD J. BRIT 1153 BLNIOOD AVRNUR VARIANCR PUBLIC REARING 603-9x01 The Affidavit of Publication and Certificate of Mailing were noted. Sid Blanchard was present representing Mr. Heit who was out of the Country. Gaffron explained the request for side setback and hardcover variances to construct a second story addition to existing house. 8 MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 16, 1988 11272 NEIT CONTINUED Bellows questioned if this proposal was structurally feasible and was concerned with the need to build beyond what is being proposed in midstream of the project in order to support the addition. Mr. Blanchard stated he did not have the information that would confirm the structural feasibility of the addition, however, felt confident that the applicant has had this done. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Hanson, to recommend approval per staff recommendation subject to the following conditions: 1. Confirmation of the structural integrity of the design. 2. Staff to verify that the floor plane do not contain a separate kitchen. 3. No additional hardcover on the property allowed. Motion, Ayes 5, Nays 0. 01273 ROLLIN c SHARON LACY 2655 NORTH SHORE DRIVE CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 9:14-9:16 The Affidavit of Publication and Certificate of Mailing were noted. Rollin Lacy was present for :his matter. Mabusth explained the request for a conditional use permit and variance to place approximately 339 cubic yards of fill behind the proposed rip -rapping of the shoreline. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Brown, to recommend approval per staff recommendation. Motion, Ayes 5, Nays 0. 9 MINUTES OP THE PLANNING COMMISSION MEETING HELD MAY 16, 1988 91274 DAVID J. NELSON 740 WILLOW DRIVE SOUTH VARIANCE PUBLIC HEARING 9:17-9:19 The Affidavit of Publication and Certificate of Mailing were noted. David Nelson was present for this matter. Gaffron explained the request for a side setback variance to construct an attached garage. He noted that there is no other feasible location for the proposed garage. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Hanson, to recommend approval per staff recommendation. Motion, Ayes 5, Nays 0. 91277 BIG ISLAND BOARD OF GOVERNORS RECORD LOT 1 CONDITIONAL USE PERMIT PUBLIC HEARING 9:21-904 The Affidavit of Publication and Certificate of Mailing were noted. Al Wiadorf and Larry Sharpe were present representing the Board of Governors. Mabusth explained the conditional use permit involving two phases of use as follows: Phase 1) Allowing of the work crews to complete the final clean up and removal of all hazardous conditions on the island. Phase 2) Allowing the camp to open for day ise recreation. This phase wi I be hrought back to Planning Commission for re at their June 6t;t meeting. Mr. Wiadorf noted that all the remi.ining buildings have been secured per the building inspector's direction. Kelley asked if there were any dry wells on the property that may be hazardous to children? Mabusth noted that staff has inspected the property for these types of hazards and has drafted a detailed memo of direct)ves to the Board regarding their findings. Brown and Bellows asked how they planned to control the number of visitors allowed at the camp at or,e time? 10 MINUTES OF THE PLANNING COMMISSION MIMING BNLD MAY 16, Igoe #1277 BIG ISLAND CONTINUED Mr. Wisdorf stated that this issue has not been fully addressed but will probably have some sort of sign -in system. Bellows voiced concern with the overuse of the septic system finding there may he problems with controlling the use of the restroom by the general boating public. She suggested advancing the deadline for upgrading the systems. Gaffron stated there were two restroom facilities that are useable at this time, but their capacity is unknown. He suggested utilizing these restrooms until they become a problem at least for this year. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Bellows, to recommend approval of the conditional use permit to allow work crews to complete the final clean up and removal of all hazardous conditions on the island. Motion, Ayes 5, Nays 0. #1279 NORTHERN HYDRAULICS 2687 WEST WAYZATA BOULEVARD APPEALS PUBLIC BRARING g:35-10107 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request for an interpretation of the zoning code regarding Orono's light industrial district. Applicant proposes a warehouse retail use and the Orono code does not specifically address retail use within the industrial zone. Present representing Northern Hydraulics were: Attorney Paul Hauge, John Rose, Dave LaPOrt, and Rob White. M-, xauge explained the proposed operation (as outlined in Exhibit D inlcuded in staff memo) and site plan. In summary, they contend that the proposed operation is allowed within Orono's industrial zone finding that it is not strictly a retail operation because they would be dealing with industrial and commercial consumers. Joe Pollansch of Washington Scientific Industries voiced concern with the impact rin the existing hazardous access onto Highway 12. 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 16, 1988 #1279 NORTHERN HYDRAULICS CONTINUED Mr. Hauge stated they co,�cacted MnDOT about the access and was advised to consider the possibility of a service road along the south side for a long term solution keeping in mind that Highway 12 will eventually be upgraded. Kelley stated he was not in favor of retail uses in Orono and feels it may create an uudesireable competition with the City of Long Lake. His interpretation of the ordinance does not allow the use as proposed by applicant. Bellows stated she was not in favor of zoning amendments to accomodate individual applications. She disagreed with applicants that this was more of an industrial use rather than retell. She stated she may be oper to allowitg this use under a conditional use permit. She voiced concern with the increase in traf f lc. Mabusth advised that i.f the use were to be al lowed via a conditional use permit, the Industrial c.,de would have to be amended. Moos also voiced concern with the increased traffic onto Highway 12. She felt that this proposal was more retail than industrial. Hanson stated he would be in favor of allowing the operation as a conditional use. He did not feel this use was covered under the current zoning code. Brown stateu that the traffic on Highway 12 was his biggest concern. Mabusth asked Planning Commission if they would be more favorable towards this use if applicant could provide a safe traffic access pattern? Brown stated ne would be more favorable if the access issue was resolved. Kelley stated he did not feel this use should be permitted even under a conditional use permit because the past has shown that conditional use permit ^perations always escalate to the point of being {aandfathered in. He felt that if the use was to be permitted the zoning code would have to be caended. He felt this particular area is suitable for light industrial only. 12 MINUTES OF TUB PLANNING CONUSSION MEETING BEAD MAY 16, 1980 #1279 NORTHERN HYDRAULICS CONTIYDBD There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Moos, to recommend denial of the application finding the use in conflict and inconsistent with the intent of the recent Comprehensive Plan Amendment for the Highway 12 corridor. Motion, Ayes 3, Mays 2. Brown and Hanson voted nay. Motion carried. Staff and Planning Commission advised applicant of the significant time involved with amending the code to permit the operation as a conditional use especially if the issue of a frontage road is addressed. Following discussion of the access issue, Councilmember Callahar. stated that in this particular application, the Planning Commission is acting as a Board of Appeals and should decide whether the ordinance as it exists permits the proposed use. Bellows recommended a re -vote based on this question of "Is the proposed use consistent with the current standard?" It was moved by Bellows, seconded by Kelley. to deny the appeal. Motion, Ayes 5, Nays 0. OPTION FOR TRA REVIEW OF LAND an CONTROLS/I88DE6 - DISCUSSION Planning Commission discussed options relating to ways that the City may desire to undertake as it relates to its land use controls, and the means by which it r( views those. Chairmen Kelley and Vice -Chairman Bellows stated they would attend the June 13, 1988 Council meeting to W discuss their recommendations re, ding this issue. APPROVAL OF MINUTES It was moved by Kelley, seconded by Bellows, to approve the Minutes of •Ie April 18, 1988 Planning Commission meeting as subm. 1. Motion, Ayes 5, Nays 0. PLANNING COMMISSION REPREsaTATIVE W Kelley and Bellows were appointed to attend the June 13, 1988 Council meeting. ADJOUNNNdT 11sOO P.N. The P; ,g Commission meeting adjourned at 11:00 P.M. 13 r GEN OLSON $CaalONlnl n14m1 AN UJ Slam Omer fl 551n1p ` D a St. Pouf. xa 5a13y -1282 Home: Senate 68mi?'BrIond Wc act "� Mouad, d. Mi Minncwm 55364 (ntA 472-1M16 3te1t Of IVII00l80q May 31, 1988 Nark Bernhardson, City Manager City of Orono Box 66 Crystal Bay, M 55313 Dear Nark Because the legislation passed this session allowing for the override of local approval for the acquisition and condemnation of lard for a lake Minnetonka Regional Park establishes a precedent that has specific significance for Lake Minnetonka comun. ties, I am sending you some items of infonrotion for your reference and consideration: - a copy of the language included in the state departments appropriations bill - a copy of my editorial content on the legislation - Hennepin Parke statement on the legislation - Article XII of the Minnesota Constitution - special legislation; Local Goverment and a related portion in statute (645.023) - a copy of Michael Krause 'a opinion in the April 28, 1988 edition of Weekly Nees. You will rote that the legislation attempts to circtrvent the constitutional protection of local govern ant by treating Hennepin Pazks ae a local unit of Goverment being given increased authorit, 1645.023, subd. l (a)) . The Metropolitan Council which will have the power to authorize condemnation is also brought under that umbrella with the application section covering all seven Metro counties which have a combined population of over one, rillion people (645.023, subd 1(c)). If this '_egislation is allowed to stand, it —11 greatly improve the prospects for gtining control of r.iorelands around Lake Minnetonka when the I14m governance and lake managfire.ht authority 1J changed. •there is no question in ir; third that the Metropolitan Council criticism of EMM has less to do with surface wan r awtagemeot (to which their existdra suthorit•., is limited) aid more to d - � th land uses round the lake, partirxlarly as it affects ,ublic use m.. access. fUMM11TEES: td'numtln • Emlmnment3 Naural Hewurce. • L,xala I'.ktn Go,. nw,,l Public tWmeaaE:ncrgl• Edix auon.Aid, Suhm...nnit" SEBS'ING: Ihepharen, Eden Praln a trymwn.%of 1. Exceldnr. Gteenwixxt, —col Lake. Mmnenunka I pumon� nfl, Mtntwlanka Beixh. Minrwtn.ta. Mound. Umn, StSprb,g Nark. Tma.a Bah and W',,,,dU d May 11, 1988 Page 2 Threatening to seek "Critical area designation" for Lake Minnetonka and refusing to provide financial assistance for a major lake mmagarent study which they insist is necessary are further illustrations of the power by intimidation being exercised against the lake comurdties. I sat in on a meeting of the IM9 board with the System Comittee of the Metropolitan Council held recently at the Freshwater Inst tute. Other than the member whose district includes White Bear Lake, which is next on the list, I hoard nothing that would indicate they are wavering from their pursuit of changing the governance of Lake Minnetonka are increasing their land use authority as a nr,ns of gaining greater access. 'their staff has indicated since that meet hat they expect the study to reootmend the governance changes they occire. If Article XII, Section 2 of the Minnesota Constitution means what I believe was intended, that land use authority could not be obtained without the approv ' of the governing bodies of the cities affected or a vote of its citizem-unless the Metropolitan Council or other .:•,+ney is given that authority over all local units of government in the Metro area. Cbvicusly, the broader autl-,ority would be much azirp difficult to x.hieve politically. If their Success in overriding the approval c.. a commnity goes unchallenged or is upheld, the precedent will be clear and its potential application to the larger lake issue li You may also be i!vterc�ted in knowing th, - the Citizens' league has sele^ted metropolitan management of lakes as one of their study topics for mt fall. Info r. tion will be widely disseminated prior to the form inn of that study committee. Because Lake Minnetonka, an important public resource, is r'. o important to the life and health of each of our lake conmrni6--,%, I •anted to share this perspective with you for your reflection aryl p- ibl .on prior to the next round of legislative activity, what is ^- dw' creative leader:hip in finding solutions that respect and balanc, jre rights .r the public and affected individuals and exmmnnities. 'fius tan 1,,eaucrat.ic power and control has la: n the eourw. vursueo. Perhaps the .:rtierns 1<ague will provide a bright spot of le..:'•rshtp. Sincerely, Gar Olson State Senator cc: Lake area legislators Ihi'D manbers Dirk deVries and Marcy "+ t, met Counci 4 WEEKLY NEWS, INC. April 28, )988 Opinion Winning the battle to lose the war By Michael Krause Late in the 1988 legislative session, lawmakers gave Hennepin Parks the authority to condemn property for a major park facility on Lake Minnetonka in MinnetriEta, effectively eliminating Minnetrisa's strongly -voiced objections from further dircussionr about the park. The end result of this clear-cut victory for proponents of the park will likely be a 292-acre regional park on Lake Minnetonka with 100 car -trailer parking spots at a public access boat launch. Viewed in isolaticn. this override of local participation in a decision of Eu:h importance would be disheartening enough. Viewed together with other devel- opments, it is a clear sign local control of Lake Minnetonka Lc entering a critical period that could see control shift to regional and state agencies. Perhaps the most significant development is not the condemnation authority given Hennepin Parks in Minnetrista, but Metropolitan Council review of the Lake Minnetonka Conservation District (LMCD), a review that has to date been highly-riLical. Among the options being cons!dered by the Noe. Council are dis banding the LMCD, downgrading it from a policy -making authority to merely an advisory group, and Critical Area Designation, a process that would actively involve the State of Minnesota and the Metropolitan Council in planning the future of the Lake. This increasing "direction" from St. Paul over management of Lake Minneton- ka is a result of perceived inaction by the LMCD to assert itself as the primary regulatory body for the Lake. While there is some truth in this conclusion, even more it confirms our speculation when we suggested the L14CD was being set up to fail in a way that wooild legitimize the Ehift in control to St. Paul. Consider what steps ti,e LMCD has taken, and how those steps have been received. An expensive, three-year management Eudy of Lake Minnetonka was the cornerstone of the LMCD initiatives, yet the e-itimated $300,000 pricetag is clearly beyond the means of the LMCD or its 14-member communities. Yet, Hennepin Parks, the Metropolitan Council, the Qepartment of Natural P : sourc- es and others with far -greater financial resources that the LMCD have so far declined to contribute to the costs of something these agencies say they want. Anothergoal set forthe LMCD was to initiate me -t,ngs with otheragencies to workout an agreement on overlapping areas of authorm To the citizen seeking approval for a simple project tin the Lake, the alphabet �uup of LMCD, DNK, MCWD (Minnehaha Creek Watershed District), Army Corps of Engineer£ and local municipal approval can quickly become a bureaucratic nightmare. Getting all of there agencies to trade or give up some of their authority over th* Lake it more easily said than done, again putting the LMCD in a no -win situation. Yet another example it the LMCD'e legislsti%a package, which received mAerate support fron, area communities but has languished at the Capitol To say local legislators fight an uphill battle at the legislature on issuer affecting Lake Minnetonka is an understatement. Their task is more akin to scaling the rain -slick cliffs of Gibraltor with no mountaineering gear. These regional and state agencies have professional lobbying groups in place and could have gone to bat for the LMCD package. They did not On top of its other difficulties, the LMCD's longtime executive director, Frank Mixa, is retiring, leaving a newcomer to wander through this minefield of intensely political, inter -bureaucracy struggles. While the agendas of some who wish to see local control and the LMCD go away seem to be right on schedule so far, they had best not become too ranguine about the final result. An enraged citizenry may yet rise up in opposition to the lots of local control. To date, the complicated behuid-the-scenes maneuvering has been beyond the understanding of a great many west -suburban residents. With the end of the maneuvering and the start of condemnation and -udden shifts in authority to St. Paul, the issues will become much more visible and tangible. If that facilitates more of a public outcry, these regional and state agencies may yet find they have won a whole stringof batt.es only to lore the war. From the Office of: State Senator Gen Olson 133 State Office Building St. Paul, Minnesota 55155 612/296-1282 FOR IMMEDIATE RELEASE: May 11, 1988 While the Hennepin Parks Board and the Metropolitan Council are rejoicing in their legislative victory, the future of the Lake Minnetonka Regional Park in Minnetrista remains uncertain. Because warfare rather than peaceful negotiation and compromise was chosen as the tactic to achieve their desired end, a strong possibility exists that no park worthy of the name could be attained. If Hennepin Parks had been open to reasonable compromise, the development of an exceptional park could have gone forward this year with city and neighborhood blessing. The passage of the provision to override local approval required in current law before Hennepin Parks can c-cquire or condemn private property for this park was achieved only by incorporating it in the traditional "garbage" bill, the bill funding departments of state government. This is the bill that has something in it for enough legislators to insure its passage but also includes items that could not pass on their own merit. The Lake Minnetonka Regional Park provision had neither funding nor anything to do with a department of state government. It also had failed to pass a Senate policy committee, a normally required step in the process for a bill to become a law. In 1986 the Minnesota Supreme Court issued a strong warning to the legislature that it would not tolerate the continuation of the "garbage bill" practice which is a flagrant violation of the Minnesota Constitution, Article IV, Section 14 prohibiting laws from embracing more than one subject. Our state constitution is also protective of local units of government. The legislature can pass general laws affecting their powers equally but is prohibited from passing special laws that affect a single unit or group of units of local government without the approval of their governing board or a majority of their voters. The effort to circumvent this constitutional protection unraveled as proponents of this bill made it clear that it involved land only in the City of Minnetrista, even to the naming of specific property owners. If that is not enough, the legislation gives the power to authorize the condemnation of private property to the Metropolitan Council, a politically -appointed body. Having once been done, the precedent is established that can be used for repeat performances. This legislative action cries out for legal challenge in the courts, a cry that should and will be answered. A law that defies our constitution both in the process by which it was passed and the substance of its intent is no tribute to those who gained its passage. Whatever your point of view on the necessity or desirability of this park, you should be outraged at the betrayal of the public trust that this legislative action represents. STATEMENT REGARDING PASSAGE OF LEGISLATION AUTHORIZING LAND ACQUISITION FOR LAKE MINhETONKA REGIONAL PARK By Shirley Bonine, Chair Hennepin Parks Board of Commissioners I am pleased that both houses of the Minnesota Legislature passed, and sent to Governor Perpich, legislation that enables Hennepin Parks, in cooperation with the Metropolitan Council and the City of Minnetrista, to develop a regional park on Lake Minnetonka. Many people worked hard to bring about the passage of this important legislation. I appreciate fully the support we got from members of this Board of Commissioners, from our staff and consultants. But we weren't working alone. Numerous legislators, Hennepin County residents, Hennepin Parks supporters, and people from throughout the metropolitan area and state who enjoy the outdoors, maintained their commitment and energy to this issue. '_ am truly grateful for their assistance. Through the Metropolitan Council and the Minnesota Legislature, Hennepin Parks was given the charge of acquiring and developing a regional park on Lake Minnetonka for the people of the metropolitan area and state. We believe we will now be able to accomplish that task as the Legislature originally envisioned it. We are pleased the people of Minnesota can now, realistically, look forward to public recreation space on one of the State's most precious resources. We now have a very serious responsibility of carrying out the wishes of the Legislature. Vie have been given the authority to purchase land within the City of Minnetrista without that City's consent, an authority that we ,,,List use with great care and discretion. We accept that authroity humbly, in the hope that we are worthy of the trust placed in us. The acquisition of land for this regional park is a high priority for Hennepin Parks, gut not so h'.qh that we overlock our high regard for the interests and rights of landowners within the park and the citizens of Minnetrista. Over the nLxt several weeks, we will be determining the order in which we will seek to acquire land for the park, and we'll be developing an acquisition plan. We are committed to making every effort to complete acquisition on a willing -seller basis. Though we have been given access to the power of condemnation, we will use it as we have in the past, only as a last resort. There are several Hennepin County municipalities, which have given Hennepin Parks authority to acquire land within their cities through condemnation. They can attest to our reasonable approach to land acquisition. We have no reason to change that long-established policy. Reaching this point has not been easy. While most people are supportive of the concept of a regional park on Lake Minnetonka, many were uncomfortable with our decision to seek the authority to purchase land without local consent. -2- Because of that, we found ourselves differing with some of our long-time, good friends and supporters. It was difficult in the Legislature to watch Representatives and Senators, who have frequently spoken out on our behalf, oppose our efforts. I fully understand the position they were in and the difficult decisions they had to make, and I respect those decisions. In particular, I believe the people of western Hennepin County can be very thankful that they are represented by a Senator such as Gen Olson. Gen has been a supporter of the Park District for many years, and I know she wants a park on Lake Minnetonka. Even though we were in the unusual position of being on different sides on this issue, I admire Gen for her energy and commitment to her point of view. I look forward to a continuing, close -working relationship with Gen. In the same manner, I have a great dea: of respect for the Mayor and City Council of Minnetrista. We made a commitment to the Legislature that we would continue to work with the City of Minnetrista. We intend fully to keep that commitment. This is not the time to be second-guessing or challenging each other's points of view. I have every confidence that Hennepin Parks and the City of Minnetrista will work together to develop the best possible regional park on Lake Minnetonka. Hennepin Parks sincerely wants to be a good neighbor and a valued part of Minnetrista. I truly hope that through a joint effort we can plan and develop a regional park that the City of Minnetrista can be proud of ---just as Hennepin Parks and the people of the entire metro area will be proud of it. April, 1988 INTERPRETATION OF STATUTES 645.023. Special Laws; enactment without local approval; effextive date Subdivision 1. A special law enacted pursuant to the provisions of the Constitution, Article 12, Section 2, shall become effective without the approval of any affected local government unit or group of such units in a single county or a number of contiguous counties if the law is in any of the following classes: (a) A law which enables one or more local government units to exercise authority not granted by general law. (b) A 6w wHch brings a local government unit within the general law by repeating a special law, by removing an exception to the applicability of a general statutory provision, by extending the applicability of a general statutory provision, or by reclassifying local government units. (c) A law which applies to a single unit or a group of units with a population of more than 1,000,000 people. Subd. 2. A special law as to which local approval is not required shall become effective on August 1 next following its final enactment, unless a different date is specified in the special law. Subd. 9. Subdivisions 1 and 2 are applicable to all special laws enacted and to be enacted at the 1967 and ail subsequent session of the legislature. IAws 1967, c. 595, 1 1, off. May 20, 1967. Amended by lAws 19118, c. 494. 1 16; LAws 1976, a 2. 1 172; LAws 1979, c. 17% 1 2. 1973 Amadaseat. Substituted "on Augwt 1" for "at IHI A.Y. of the day" in subd. 2. 1976 Asseadmost. Suiutituted the Dew rvfer- enees to the constitution. 197f Aaaeadosont Specified the classes m subd. 1(a), (b) and (c). Laws IM, c. 176 did not contain appropriation items or a specific effective date. See 1 645 02 for method of determming the effective date. Title of Act An Act relating to special acts enacted "u- ant to the Constitution, Article x1, Ssetion 2, permitting the enactment thereof without local approval in certain rases. I awe 1967, c W. lasw Review Commentaries Minnesota's experiment with a metropolitan council. Nov. 1968, 53 Minn. IAw Review 122, 645.024. Special laws; local approval as a requirement of the act Section 645.023 does not apply to a special law which by its own terms becomes effective upon the approval of one or more affected local government units, expressed through the voters or the governing body and by such majority as the special law may direct. r.ws 1967, c. 695, 1 2. eff May 20, 1967. Notes of Decisions 1. ('onstruction and application sections 645.023 and 645.024, commonly known as the local consent aw, effectuated the recognized escape clause contained in art 11. 1 2 of the State Constitution Op.Atty.Gen , 83f. July 7, 1967. ARTICLE X11 SPECIAL LEGISLATION; LOCAL GOVERNMENT Section I Prohibition of special legislation; particular subjects. In all cases when a general law can be made applicable, a special law shall not be enacted except as provided in section 2. Whe►her a general law could have been made applicable in any case shall be judicially determined ,n hout regard to any legislative assertion on that subject. The legislature shall pass no local or special law authorizing the laying out, opening, altering, vacating or maintaining of roads, highways, strrets or alleys: remit- ting fines. penalties or forfeitures: changing the names of persons, places, lakes or rivers; :authorizing the adoption or legitimation of children: changing the law of descent or sucLesswn. conferring rights on minors; declaring any named person of age; giving effect to informal or invalid wills or deeds, or affecting the estates of minors or persons under disability: granting divorces: exempting property from taxation or regulating the rate of interest on money; creating private corporations, or amending, renewing, or extending the charters thereof; granting to any private corporation. association, or indi%idual any special or exclusive privilege, immunity or Iranchise whatever or authorizing public taxation for a private purpose. The inhibitions of local or special laws in this section shall not prevent the passage of general laws on any of the subjects enumerated. Sec. '_. Special laws; local government. Every law which upon its effective date applies to a single local government unit or to a group of such units in a single county or a number of contiguous counties is a special law and shall name the unit or, in the latter case, the counties to which it applies. The legislature may enact special iws relating to local government units, but a special law, unless otherwise provideu by general law, shall become effective only after its approval by the affected unit expressed through the voters or the governing body and by such majority as the legislature may direct. Any special law may be modified or superseded by a later home rule charter or amendment applicable to the same local government unit, but this does not prevent the adoption of subsequent laws on the same subject. The legislature may repeal any existing special or local law, but shall not amend, extend or modify any of the same except as provided in this section. Sec. 3. Local government; legislation affecting. The legislature may provide by law for the creation, organization. administration, consolidation, division and dissolu- tion of local government units and their functions, for the change of boundaries thereof, for their elective and appointive officers including qualifications for office and for the transfer of county seats. A county boundary may not be changed or county seat transferred until approved in each county affected by a majority of the voters voting on the question. Sec J. Home rule charter. .Any local government unit when authorized by law may adopt a home rule charier for its government. A charter shall become effective if approved by such majority of the voters of the local government unit as the legislature prescribes by general law. If a charier provides for the consolidation or separation of a city and a county, in whole or in part, it shall not be effective without approval of the voters both in the city and in the remainder of the county by the majority required b) law. Sec. S. Charter commissions. The legislature shall provide by law for chatter commissions. Notwithstanding anv other constitutional limitations the legislature may require that commission members be freeholders, provide for their appointment by judges of the district court, and permit any member to hold any other elective or appointive othce other than judicial. Home rule charter amendments maybe proposed by a charter commission or by a petition of five percent of the voters of the local goscrnment unit as determined by law and shall not become effective until approved by the voters by the majonty required by law. Amendments may be proposed and adopted in any other manner provided by law. A local government unit may repeal its home rule charter and adopt a statutory form of government or a new charter upon the same majority vote as is required by law for the adoption of a charter in the first instance. 1 (3) the proposed acquisition is consistent with the 2 approved master plan maintained by the metropolitan council; and 3 (4) the district is able to carry out the plan and operate 4 the regional park. 5 The findings required by this subdivision may have been made 6 before or may be made on or after the effective date of this act. 7 Subd. 4. (SMALL HOMESTEAD LIFE ESTATE.) The park district 8 may not acquire the fee title to a homestead of less than 20 9 acres by eminent domain without the written consent of the 10 owner, but the district may acquire all title to the property 11 except for a life estate in the person or persons residing on 12 the homestead. 13 Subd. S. (EXPIRATION.) Authority to acquire real property 14 through eminent domain as provided in subdivisions 2 and 3 15 expires on December 31, 1989, except that an acquisition 16 approved by the metropolitan council before January 1, 1990, may 17 continue. 18 Subd. 6. (APPLICATION.) This section applies in the 19 counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 20 Washington- 8 Sec. 84. (EFFECTIVE DATE.) 9 This article is effective the day following final 10 enactment, except that the fee increases provided in section 55 11 are effective May 1, 1988; section 26 is effective October 1, 12 1988; and section 56 is effective January 1, 1989. Section 47 13 is effective July 1, 1989. 14 Sections 40 to 42 are effective January 1, 1989, and apply 15 to amounts checked off on income tax returns filed on and after 16 that date. STATE DEPARTMENTS APPROPRIATIONS BILL 24 Sec. 26. (REGIONAL PARK ACQUISITION.! 2S Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature 26 finds that there is a need for a regional park on Lake 27 Minnetonka to serve the recreation open spzce needs of the 28 citizens of the entire metropolitan area and that it is in the 29 public interest to authorize acquisition of land for such a park 30 in accordance with the master plan approved by the metropolitan 31 council. 32 Subd. 2. (ACQUISITION.) Notwithstanding any contrary 33 provision of law, the suburban Hennepin regional park district 34 may acquire real property for a Lake Minnetonka regional park by 33 purchase, gift, or eminent domain pursuant to Minnesota 36 Statutes, chapter 117, without local consent or approval by any 37 affected municipality or other local_�overnmental unit. 38 Subd. 3. (METROPOLITAN COUNCIL APPROVAL.I Before any 39 acquisition of real property by eminent domain pursuant to 40 subdivision 1, the metropolitan council must find, following 41 public hearing, that: 42 (1) acquisition of the property is in the public interest; 43 (2) negotiations for acquisition of the property have r.c'_ 44 resulted in acqu.s:-ion of :and by pure^ase: LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE June 1988 Saturday 6-11-88 Lake Inspection Tour: Water Structures & Environment Committee, and Lake Use Committee 7:30 a.m., Wayzata depot docks Wednesday 6-22-88 5:30 p.m. Advisory Committee 7:00 p.m. Public Hearing: Niccum Length Variance 7:30 p.m. Regular Meeting, LMCD Board of Directors Tonka Bay Village Hall 6-1-88 MEMO TO: Board of Managers Minnehaha Creek Watershed District FROM: Eugene A. Hickok and Associates DATE: May 19, 1988 RE: Lake Level, Flow and Precipitation Summary for April 1988 Lake levels in Lake Minnetonka have remained at approximately 928 in April 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. Creek flow at the Browndale Ave. dam in Edina during April is shown below. The 30 year average precipitation for March at the National Weather Service station in Maple Plain is 2.35 inches. The actual precipitation recorded in Wayzata for Match was .95 inches. A summary of precipitation follows. Maple Plain f Minneapolis -St. Paul International Air-purt Wayzata April 4 Apri 1 6 Apr i 1 8 April 11 April 13 April 15 Apr11 18 Apri 1 20 Apri 1 22 Apri 1 25 Apri 1 27 April 29 PRECIPITATION SUMMARY Actual 30 Year Average April -- 2.35 April 1.58 2.05 Apri 1 0.95 MONTHLY FLOW SUMMARY Grays Bay (cfs) 0 0 0 0 0 0 0 0 0 0 0 0 Browndale Ave. Dam (cfs) 7.5 7.5 10.3 4.1 4.1 2.8 3.2 2.5 1.1 4.5 8.0 4.5 9 30.00 929.80 929.60 929.40 929.20 929.00 928.80 928.60 928.40 928.20 928.00 927.80 927.60 927.40 927.20 927.00 09 -Jon-87 LAKE WINNETONKA Woter Levels 1987-1988 01 -Jul-87 31-Aug -87 05-Jan-88 17-May-88 GATE r WD dater Ele::t;ores - Late r;nr.etanka Date Elevation Flow Date Elevation Flow Date Elevation Flow Date Elevation Flow 09-Jan-87 928.38 0.W 21-Jan-87 928.37 0.00 ,O-Jan-67 928.38 0.00 01.540-87 928.40 0. 00 18-Feb-87 928.35 0.00 26-Feb-87 928.34 0.U0 06-Mar -87 KA M 0.00 13 Mar-87 9:8.3r U.(r) 26-Mar-87 928.37 U.00 (b-Apr-87 928.28 0.00 13-Apr-87 928.25 0 00 21-Apr-87 928 20 0.00 27-Apr-87 928.22 0.00 04-May-87 926.22 0.00 12-May-87 928.23 0.00 ID-May-87 927.94 0 00 28-May-87 9.7.93 v-00 03-Jun -87 927.89 0. W 15-Jun-87 9,7 68 0.J0 23 Jun-87 927.67 C.00 01-Jul-87 921.55 0.00 06-Jul-87 927.48 0.00 14-Jul-87 927.43 0.00 16-Jul-87 927.37 0.W 21 Jul-8' 927.71 U.0) 22-Jul-87 927.71 U.'7J 24-Jul-87 9_6.62 0.00 27-Jut-87 92a.75 0.00 28-Jul-87 928.73 O.UU 30-Jul-87 93.79 0.W 31-Jul-87 918.81 0.00 03-Aug-87 926.81 0.W 06-Aug-87 928.78 0. (A) 16-Aug-87 728.79 0.(W ll-Aug-87 928.77 1-.00 17-Aug-87 928.85 0.00 18-Aug-87 928.83 o.00 19-Au; 87 9:8.19 0.cv 24 Aug-87 928.72 U. W 26-Aug-67 928.65 0.00 31-Aug-87 978.65 O.W 01-Sep-67 928.64 0,(m) A-Sep-87 928.52 O.OU 14-Sep-67 9.8.48 0.W la-Sep-87 928.53 U.00 21-5ep-87 928.47 0.W 25-Sep-87 926.44 0.W 28-Sep-87 926.42 O.W G5-Gct-61 929.31 0.00 12-Gct-87 928.13 0.W 16-Gct-67 928.16 ,.00 21i-Gct -87 928.15 0. W 26-Cl-t-87 928.12 0.W 02-Nov-87 928.06 0.00 09-Nov-87 928.04 0.00 16-Nov-87 928.04 0.00 24-Qv-87 929.00 0.00 01-Dec-67 928.10 0.00 07-Dec-al 928.08 O.W 14-Dec-87 92B.08 0.00 05-Jan-88 927.86 0.00 19-Jan-88 927.88 0.00 034eb-813 927.9b 0.00 17-Feb-BB 927.94 0.00 25-Feb-66 927.96 0.00 07-Mar-68 927.96 0.00 15-Mar -W r:8.00 O. W �4-Mar -U 928.'i6 0.00 30-Mar-68 926.08 0.W 04-Apr-86 92a.14 O.OU 06-Apr-68 928.16 O.OU 11-Apr-Bd 928.14 0.00 13-Apr-B8 928.16 0.00 18-Apr-BB 922.20 O.OU 25-Apr-68 928.(6 0.00 28-Apr-88 928.08 0.00 03-ftay-88 928.00 0. W U6-May-88 926.00 0. W U9-May 86 928.14 O.VO 13-May-Bd 928.('4 0.00 17-May-88 928.40 0.00 19 May-86 927.96 0.00 @,WTE; The te►o elevation for the late gauge was adjusted down 0.22 feet. This ad)ustwnt was e4fective January 1,1986. z z 0 W i SIX MONTH PRECIPITATION RECORDED 3 2.8 2.6 2.4 2.2 2 1.8 1.6 1.4 1.? 1 0.8 0.6 0.4 0.2 0 NOV. 87 DEC. 87 JAN. 88 FEB. 68 MAR. 88 APR. 88 ® MAPLE PLAIN AVE. [= WAYZATA ACTUAL SIX PATH FRE�,IFITATIGN RECORDED MFLS. AIRPGRT PfL5. A!kfCskT MAKE FLAIN YAYIATA FVERA6E AZTLWL AVERAGE ACTUAL NGV. 87 1.29 2.07 1.4t 2.37 DEL. 87 0.87 1.25 0.86 0.79 JAN. 86 0.82 1.37 u.84 0.96 FEB. 88 u.85 0.3 0.78 0.19 MAR. 68 1.17 1.33 1.52 1.51 AFR . 68 2.05 1.5E 2. 3" 0.95 �pUNTY HENNEPIN = --- - R= )as.40'.., i 11 I ; Z N O o- ' --------•------ E o 0I a• all La i I 3ZO.15 WAS Rtz:eea 51xt/ee -c peptic areas loll. f Cye°+PyeA HIGNWAY AID -` AT .� � �,l• Nal•Oq•�Z..E...� y iaednwe �h a _...303.44 aaa Nee Flo, N`Iw M.,we`m ; anti R (� ...Southzrly right ei wey lint a J ®Saj e QteF° Smcn . P 1 i'x �fc prw ®s.e-t L= 21.30 A- I ICO" •o / \ PS s.e4 / 1 / seI v-z • l.e s x _ _ _—•••321. If —•••642.13 N88°51'4�O"E•— L Nvrih Imaa{' JORNSTON'S REARRANGEMENT OF ALBEES LONG LAKE ADDITION CotArct� -134K 7 Np. C�OWIL nzr 4 ; ING JUN 13 1g88 CITY OF ORONO LEGAL DESCH I!'._____ ghat part of Lo'. and 2, Ather�'s Lonrl lake Addition, ace rdinn to the recorded plat thereof, Hennepin Co.:nr,. M utnesota, lying north of a line ora.n at right angles to the vest line of said Lot I, through a point in said Ps, line 292.71 feet south of the northwest corner of said Lot I. AREA - 208,611. SQ. PT. — 4.T9 ACRES I hereby certify trial Inis surrey, Dian or report - - was prepared by me or ender my direct suer ri soon SCALE and that i am a duly Registered Land Smreyo, I° ' 40' r laws of the stale M,hne.a*a. ALL -METRO LAND _SURVEYORS NOOK PAGE PREPARED FOR: CERTIFICATE OF SURVEY 12 17 -� 2340 Daniels Street, Long Lake, Minnesota 55356 FIL No LEVERING-HAISLET ASSOCIATES @ 4 1I 88 17025 86031 C DATE REG.Ko. Ph: 475 - 1433 R o - y 14" FEIN�-0RCEU CO NG:2E7E h✓.S SOUTH ELEVATION SC. 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