HomeMy WebLinkAbout07-11-1988 - Agenda Packet City Council - regular meetingtwnnun ruts Luuty-Aju Sr:T leU►t MONDAY, JULY 11, 1988, 7:00 P.M.
t*) Asterisk items are considered to be routine items to be enacted upon by
one motion by the City Council under the Consent Item* on the agenda.
Discussion will he held urnn request. Memos regarding each of the
Agenda items are available. :n the Public Packet which may be obtained
upon request from the Recorder. ,� '<��TING
ROLL CALL
1 . CONSENT AGENDA*
APPROVAL OF MINUTES
* 2. Regular Meeting of June 27, 1988!i�'i
PLANNING COMMISSION CON@CENTS - Charles Kell4 i a n Bellows
3. Planning Commission/Council - Responsibilities and Relationships
PUBLIC COMMENTS - (Limit 5 Minutes Per Person)
ZONING ADMINISTRATOR'S REPORT
4. #1025 Ed Herrich, 4115 Highwood Road - Variance
5. 01275 Doug! Johnson, 1399 Park Drive - Variance - Resolution
6. #1278 Ron Timm, 4496 North Shore Drive - Variance - Resolution
* 7. 11281 Dennis Meyer, 4731 North :shore Drive - Variance - Resolution
* 8. #1283 Gary Escher, 3556 Livingston Avenue - Variance - Resolution
9. #1291 Alfred Iverson, 2835 Casco Point Road - Variance - Resolution
10. #1296 Merrit J. Peterson/Rick Stodola, 1895 Shadywood Road - Variance
11. #1299 Nancy Higgins, 3017 North Shore Drive - Conditional Use Permit -
Resolution
12. #1103 Howard Eisinger - Request to Extend Conditional Use Permit -
Resolution #2192
RNGINEER'S REPORT
*13. Change Order #1 - Woodhill Road
MAYOR'S REPORT
14. Orono/Long Lake Discussions
15. Council Candidate Interviews - 8:30 P.M.
CITY ADMINISTRATOR'S REPORT
16. Bohn's Point Road - Feasibility Study
17. Master Planning - Navarre Area
18. Response to Orono School District
19. 1989 Budget Guidelines
20. Water Conservation Regulation and Guidelines
21. Ordinance Amendment - Private Improvements on Publi; Riqht-of-Way
22. Ordinance Amendment - Under -age Consumption
23. Boulevard - County 15
*24. Orono Interceptor Project Update
*25. Confirmation cf Employment - City Recorder
*26. Salary Adjustment - Finance Director
*27. Crystal Bay/Sewer Hookup Status
*28. Administrator's Information
Highwood Storm Sewer
Highway 12 Task Fcrce/Corridor
Sexual Harassment Seminar
TAncoln Drive
3508 Ivy Place - Water Usa-7e
Goal Setting
CITY ATTORNEY'S REPORT
LICENSES (29*)
BILLS (30*)
ADJOURNKRNT
64
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
ATTENDANCE 7:01 P.M.
The Council met on the above date with the following
members present: Acting Mayor Callahan, Courcilmembers
COUN�,It MEETING Goetten, Sime, and Peterson. Mayor Grabek was absent.
tr U The following represented the City staff: City
Administrator Bernhardson, Public Works Director
J'it. I IRS Gerhardson, Building & Zoning Administrator Mabusth,
Assistant Planning & Zoning Administrator Gaffron,
C�•ry OF ORONO Buildinq & Fire Inspector Jacobs, and City Recorder
Peterson. City Attorney Barrett and City Engineer Cook
were also present.
CONSENT AGNDA*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the Consent Agenda
subject to removal of the following item:
i25 - 1988 Attorney Fees - requested by Acting Mayor
Callahan
Motion, Ayes 4, Nays 0.
PRESENTATION - RESOLUTIONS OF RECOGNITION
Acting Mayor Callahan read and presented a Resolution of
Recognition to City Recorder Pati Peterson on behalf of
the Council and staff acknowledging the excellent work
done by Pati Peterson and for her years of dedicated
service.
Acting Mayor Callahan read and presented a Resolution of
Outstanding Service to Councilmember William Sime, Jr.
on behalf of the City Council and entire community
recognizing him for his outstanding efforts and
excellent work.
APPROVAL OF MINUTES*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the Minutes of the
June 13, 1988 Council meeting as submitted. Motion,
Ayes 4, Nays 0.
PLANNING COMMISSION CC460WTS
Planning Commissioner Johnson was present and had no
comments.
FusuC COM@MNTS
-Acting Mayor Callahan addressed the importance that the
residents of the City voluntarily conserve the aquifer
usage together with usage of lake water due to the
serious drought.
-There were no comments from the public.
1
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
EONING ADMINISTRATOR'S REPORT:
#1025 ED HENRICH
4115 HIGHNOOD ROAD
VARIANCE
CONCEPTUAL RESOLUTION
Mr. & Mrs. Fd Henrich and their attorney, George
MacDonald, were present for this matter.
City Administrator Bernhardson explained the request for
lot area and lot width variances to construct a new
residence on a 0.19 acre lot. Based on the site plan
for the proposed house, an average lakeshore setback
variance and 75-250' hardcover variance are also being
requested. A rental house existed on the lot unti 1
1975 when it was razed, and the lot was assessed for a
full sewer unit to serve this house in 1971. The
Henri•►.'v live in the house adjacent to the subject lot.
Plann;.rq Commission recommended denial of the
applicLtion. Attorney MacDonald submitted a letter to
Council presenting arguments as to why they feel that
the variances should be granted. Assistant Zoning
Administrator Gaffron presented a fact list of lot area
variances approved and denied in the LR-lB/LR-IC zoning
districts; and a plat map of the LR-lB zoning district
relevant to applicants area that indicate the vacant,
uncombined lots with separate tax statements.
Assistant Zoning Administrator Gaffron reviewed the plat
map denoting the lots owned by the adjacent property
owner and house locations.
Mr. Henrich stated that he purchased Lots 19, 20, & 21
with two houses on them 35 years ago. He combined Lots
20 & 21 for his principal residence. fie kept Lot 19
with the small house separate. In 1971 when the sewer
came through, Orono assessed a sewer stub to this lot.
In 1975, the rental house was razed because of its state
of disrepair, with the intention of building a new house
in the future. He stated that the proposed house would
not obstruct Anyones vie-, and wishes to build a
retirement house comparable with the houses in the
neighborhood. He noted that in addition to removing
considerable hardcover within the 0-75' setback area,
any other run-off would be ponded due to the topography.
He noted that the width of Lot 19 is similar to many
other lets in that area. He stated that if they are
denied building on this lot, they would he forced to
move from the lake. fie referred to Council Minutes
dated January 13, 1986 which read "Council advised the
applicant that they grant lot area and :_ot width
variances to lots that are similar in size with the
neighborhood lots", which is all they are ask.irq in this
case.
2
MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
11025 HENRICH CONTINUED
Attorney MacDonald reviewed his memorandum outlining
the position of the applicant (Refer to Exhibit A
attached to these minutes).
Councilmember Sime felt that the Council should grant
the variances requested by Mr. Henrich (Refer to Exhibit
B attached to these minutes).
Noting that the applicant is not proposing a garage or a
deck on this site, Acting Mayor Callahan felt it was
inevitable that additonal hardcover variances would be
requested for a garage and/or deck in the future. Ht
also noted the many other, lots in the area that could be
divided to build a new house from the precedent
established if this application were approved.
Councilmember Goetten stated sne could not approve the
request in order to be consistent in her vote of denial
in past similar requests. She felt that there was a
''• point in time (in 1975 when the zoning code changed)
when it was decided that these lots should not he
divided any further.
Councilmember Peterson stated she also could not approve
the variance request. She did not feel any obligation
to approve this request based on approvals by "prior"
councils.
Attorney MacDonald voiced the argument of the City be'ng
arbitrary and imposing a burden on the property owner_ by
requiring a sewer connection charge.
Acting Mayor Calle..an recommended tabling this matter
until the City Attorney has an opportunity to examine
the legality of forcing sewer on this property in regard
to determining if this action makes this a buildable
lot.
It was moved by Councilmember Sine, seconded by
Councilmember Peterson, to table this matter pending
further examination by the City Attorney. Motion, Ayes
4, Nays 0.
#1171 LANDMARK CONSTRUCTION,
3820/3630 BAYSIDE ROAD
FINAL SUBDIVISION
RESOLUTION f2455
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2455
approving the plat of Bayside Landing. Motion, Ayes 4,
Nays 0.
INC.*
3
MINUTES 0? THE ANGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
#1257 CATHERINE A. CRAM*
3760 WATERTOWN ROAD
FINAL SUBDIVISION
RESOLD?ION i2456
It was moved by Councilmember Sine, seconded by
Councilmember Goetten, to adopt Resolution #2456
approving the plat of Hi l loway Farm. Motion, Ayes 4,
Nays C.
11268 DON PRTERSON
3048 NORTH SHORE DRIVE
VARIANCE
RESOLUTION #2457
Don Peterson was present for this matter.
City- Administrator Bernhardson explained the request for
a t•.ardcover variance to construct room expansion and a
deck to the existing house.
Mr. Peterson brief ::y explained his plans for improving
the house when he purchased it 1-1/2 years ago noting
that he took into consideration the setbacks, but was
unaware of the hardcover regulations.
Councilmember Goetten asked Mr. Peterson if he proposed
any stairway for the deck that might increase the
hardcover?
Mr. Peterson stated that no stairway is planned because
the deck is near grade level.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Sime, to adopt Resolution #2457 approving
the variances per staff recommendation. !lotion, Ayes 4,
Nays 0.
#1276 DAVIT C. BELL INVESTMENT CO.
3800 MATIATA BOULEVARD
CONDITIONAL USE PERMIT
RESOLUTIONt #245e
Don Baker was present representing applicant, Gary Rirt,
of the David C. Bell Investment Co.
City Administrator Bernhardson explained the request to
approve the continued commercial use of the
residentially zoned property as previously approved per
Resolution 42188.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution 02458
approving the conditional use permit per staff
recommendation. Motion, Ayes 4, Nays 0.
4
MIMUTES OF THE REGULAR ORONO COUNCIL MZR71NG HELD JUNE 27, 1988
#1277 BIG ISLAND BOARD OF GOVERNORS
A) RECORD LOT 1
CONDITIONAL USE PERMIT
RESOLUTION #2459
B) 1980 JOINT USE DOCK( LICENSE
RESOLUTION #2460
Al Wisdorf was present for this matter.
City Administrator Berr.hardson explained the second
phase request for a conditional use permit to allow the
Big Island Board of Governors to open the facility to
the public for day use recreation only. They also
request approval of the proposed annual joint use dock
license.
Acting Mayor Callahan asked if staff felt the physical
conditions of the property were safe for day recreation
use?
Zoning Administrator Mabusth stated that the proposed
resolution is conditioned upon staff's inspection and
approval. Staff has scheduled an inspection for the
following week.
Councilmember Goetten felt that great progress has been
made on the property.
Councilmember Sime stated he visited the property this
last weekend znd felt the Board has done a magnificent.
job.
Acting Mayor Callahan stated that the council is very
pleased with the progress made on this property.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Sime, to adopt Resolution #2459 approving
the conditional use permit allowing a day use recreation
area per staff recommendation; and adopt Resolution
#2460 approving the 1988 Joint Use Dock License.
Motion, Ayes 4, Nays 0.
#1281 DMINIS METER
4731 WORTH SHORE DRIVE
VARIANCE
City Administrator Bernhardson explained the request fcr
reconstruction of the foundation of a garage on which
the City has commenced hazardous building proceedings.
The garage is located on a lot. separated by another lot
from applicant's homestead lot. Planning Commission did
i10t ur with staff's opinion that the proposed repair
of t ndation was partial but was in reality a total
repl. t. Another issue related to this is the
drain onto the Henry's property. City Engineer Cook
5
MIIBUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
f1281 MElE>� CONTINUED
is currently reviewing the gradtng plan to determine if
it will solve the drainage problem.
Dennis Meyer was present for this matter. He submitted
photos of the garage and its foundation. He stated he
had three masons evaluate the foundation which resulted
in the proposed plan for a partial replacement of the
foundation. Regarding the Planning Commission's
recommendation that the garage be moved an additional
4u' back from the road, he stated that his garage is
already approximately 20' from the driven roadway and
there are many garages in the area that arc closer to
the road than his. In addition, if he were to move the
garage back, it would eliminate any access for large
equipment to service the well on his property or the
well on the Henry property.
City Engineer Cook stated that without analyzing the
structural integrity of the garage, he felt the proposed
design concept seemed sound.
Acting Mayor Callahan asked staff's opinion regarding
the safety of the garage being located so close to the
driven roadway?
Staff confirmed that there is a safety concern with
backing out onto the roadway.
Mr. Meyer stated that at this point in the road, there
is adequate site distance.
Councilmember Goetten asked if this lot was considered
buildable?
Zoning Administrator Mabusth stated that she did not
feel that she could answer this question without first
analyzing the area and width of the lot in relation to
surrounding lots. The lot appears severely substandard
in consideration of the LR-1B standards.
Mr. Meyer stated that he has recognized t:ze fact that
the lot is not buildable for a residence.
Councilmember Goetten asked if any fill will be
necessary?
Mr. Meyer stated that a minor amount of fill may be
needed when repairing the foundation.
Councilmember Sime felt that ,'r. Meyer has found a
satisfactory way to repair the structure per the City's
hazardous building direction and staff has recommended
approval as proposed.
6
MINUTES OF THE REGUTAR ORONO COUNCIL MEETING HELD JUNE 27, 198t.
#1281 MEYER CONTINUED
Council felt because of the hazardous building nature
there should be a deadline date set to complete the
repair of the garage.
Zoning Administrator Mabusth also recommended that
applicant be required to do a special lot combination so
that the two lots owned by applicant must be sold
together.
It was moved b�, Councilmember Sime, seconded by
Councilmember Goetten, to approve the variance as
proposed per staff recommendation, subject to the
project being completed by September 1, 1988 and a
special lot combination being done. Motion, Ares 4,
Nays 0.
i1283 GARY i BETH ESCHER
3556 LIVINGSTON AVENUE
AFTER -THE -PACT VARIANCE
Gary 6 Beth Escher were present for this matter.
City Administrator Bernhardson explained the application
in which a shed was constructed without a building
permit. The shed encroaches upon the rear property
line. Planning Commission recommended that the shed be
altered so that thero is a minimum of 1.5' (8.5' rear
lot line variance) maintained by the shed/garage from
the rear lot line.
Zoning Administrator Mabusth stated that staff inspected
the site and advised that the shed can only be altered
to the existing pier foundation by approximately 1-1/2'
which would res,ilt in a 9' rear lot line variance.
Acting Mayor Callahan asked how/why the shed was built
without a building permit?
Mr. Escher stated that the majority of the shed ryas
replacing what previously existed with exception to a
portion built to square off the garage. It W-As
replacing what had existed and he did not think a
building permit wa3 required.
Acting Mayor Callahan noted st_&f f's recommendation tc
install a fire resistence wa'l as a condition of
approvzl.
it was moved by Acting Mayor Callahan, seconded by
Cou—ilmember Gottten, to approve the after -the -fact
9' rear lot line variance. Motion, Ayes 4, Nays 0.
7
MINUTES OF THE REGULAR ORONO COUNCIL MEETING RFLD JUNE 27, 1988
#1284 DOUGLAS KIRCHNER
1520 BOHNS POINT ROAD
AFTER -?HE -FACT VARIANCE
RRSOLUTION #2461
City Administrator Bernhardson explained the request for
an after -the -fact average lakeshore setback and 75-250'
hardcover variances for a deck that was constructed
without a building permit. Planning Commission
recommended approval of the after -the -fact variance
subject to a 3.4% reduction of hardcover within the 0-
250' setback area. Applicant has submitted plan to
reduce 5.4% hardcover within the 0-250' setback.
Mr. & Mrs. Douglas Kirchner were present for this
matter. Mr. Kirchner apologized to the Council for his
actions leading to this after -the -fact application. He
stated that his neighbors have no objection to the deck.
Acting Mayor Callahan stressed the serious results of
after -the -fact applications.
Mr. Kirchner stated that as a concession for his actions
and in appreciation for the hardcover rules, he has
proposed removing more hardcover than recommended by the
Planning Commission. He reviewed the areas c` hardcover
he plans to remove.
Councilmember Goetten stated she deplores after -the -fact
applications especially in a knowing situation such as
this.
Referrinq to the drafted reso:.ution, Councilmember
Peterson felt that Condition t5 (deadline for building
permit application) technically should be eliminated
because the deck is already built, and suggested a
deadline date be set for completion of hardcover
removals.
Zoning Administrator Mabusth noted that a building
permit will be required to alter the shed in the
lakeshore yard area.
It was moved by Councilmember Peterson, seconded by
Acting Mayor Callahan, to adopt Resolution 12461
approving the after -the -fact conditional use permit
subject to removing condition N5 and a building permit
be obtained by September 1, 1988. Motion, Ayes 4, Nays
0.
MINUTES OF THE REGULAR ORONO COURCIL MEETING HELD JUNE 27, 1988
#1288 WARD EDWARDS*
2474 CARMAN STREET
RENEWAL VARIANCE
RESOLUTION #2462
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution i2462
approving the renewal variances as proposed. Motion,
Ayers 4, Nays 0.
11297 MASHINGTON SCIENTIFIC INDUSTRIES, INC.
CONNERCIAL SITE PLAN REVIEW
Joe Pallansch a►►d architect, Ed Vogt, were present for
this matter.
City Administrator Bernhardson explained the commercial
site plan review F^r a proposed addition to the
northwest side of the existing structure. He noted the
possible need to vacate a portion of the Lincoln Drive
platted right-of-way. He stated a major concern of
staff's is the need to commit to a future rear frontage
road for safe access.
Building & Fire Inspector Jacobs explained the request
to allow stock piled fill from the proposed addition
excavation on the property until proper approvalts are
granted from the City to fill a low area on the
property.
Acting Mayor Callahan felt t at the location of the
future frontage road directly affected the entire lot
and therefore, questioned if the road location should be
determined before approving the commercial site plan.
Mr. Pallansch felt that t. proposed additior and
frontage road were two separate issues, however, W.S.I.
will be sending a letter to the City indicating their
willingness of cooperation for an access road.
City Administrator Bernhardson recommended approvul of
the commercial site plan at this point, and staff will
work with W.S.I. on an access road.
Mr. Pallansch noted that the access issue will involve
many long meetings with seveial different groups to
determine.
It was moved by Actinq Mayor Callahan, anconded by
Counci:member Sime, to approve the commercial site plan
and stock pi 1 ing of f 111 per staff recommendation.
Motion, Ayes 4, Nays 0.
z
MINUTES OF TEE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, :J43)
HIGHWAY 12 ZONING ORDINANCE
City Adh4 nistrator Bernhardson explained *he request to
refer the drafted zoning ordinance amendments to the
Planning Commission for their consideration and
recommendation.
MAYOR•• SPORT:
Acting Mayor Callahan noted his concern regarding the
Planred Unit Development ordinance.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Sime, that the Council refer the drafts
prepared by John Shardlow to the Planning Commission for
their consideration and recommendation and that they be
directed to undertake the review of the ordinances as to
implementing the Comprhensive Plan amendment following
appropriate meeting(s) with John Shardlow. Motion, Ayes
4, Nays 0.
There was no report from the Mayor.
CITY ADMINISTRATOR'S REPORT:
]RECEIPT OF AUDITOR'S REPORT - 1987 FINANCIAL REPORT
City Administrator Bernhardson presented the 1987
financial report for Council review and acceptance. He
thanked Finance Director Kuehn for his hard work in
applying for the Government Finance Oficers' Association
Certificate of Achievement for Excellence in Financial
Reporting award. In addition, authorization is
requested to expend up to $750.00 for the auditor to
update the cash flow projections and the special
assessment funds.
Acting Mayor Callahan congratulated staff on the
report which contains valuable information indicating
that the City is in an excellent financial situation.
He also felt Fin&nc,e Director Kuehn should be given
special recognition. He briefly commented on two items
contained in the report.
Tt was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, that the Council having reviewed
the 1987 Audit Report to accept the report and
authorizes the City to expend $750.00 to contract with
Panne 1 Kerr Forster to do the necessary cash f low
projections for the City's five debt funds. Motion, Ayes
4, Nays 0.
10
MINUTES OF THE REGULAR OPONO COUNCIL MEETING HELD JUNE 27, 1988
1988-89 STRATEGIC GOAL SETTING
It was moved by Acting Mayor Callahan, Leconled by
Councilmember Peterson, to establish Wednesday. A•.jgust
3, 1988 as the date for its initial meeting to :?:tablish
goals for 1989 together with a work session un the
capital budget proposal for 1989 •90. Motion, Ay,�sy 4,
Nays 0.
WATER CONSERVATION ADVISORY
City Administratoi Bernhardson explained the issue of
determining as to what action, if any, Council would
desire to take to improve water conservation in the City
during this extesided period of dry weather. Staff
recommends that the C!ty undertake a voluntary adviscr;
to its resident-, for water conservation. In addition.
if the drought holds into August, it is recommended th&t
the City explore regulating sprinkling, not from the
wat�.r customer standpoint, but from the proper use of
natural resource.
WOODBI LL AVE)=
Councilmember Goetten felt that the City shc— ' explore
regulating sprinkling before August.
Acting Mayor Callahan felt that the Council s,iould be
kept apprised of the situation at the Council mc_ t ings
to follow.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Peterson, that the Council direct staff to
issue a voluntary water conservation advisory to its
residents requesting their voluntary compliance with
such an advisory and that the issue be brought back at
the Council meetings to follow to determine if the City
should undertake regulation of the issue. Motion, Ayes
4, Nays 0.
Acting Mayor Callahan suggested that the local
newspapers print an article informing the residents of
the voluntary water conservation advisory.
John McDowell was preFent for this matter.
City Administrator Bernhardson explained the issue that
was tabled at the Jane 13th Council meeting. Given the
need for the project improvement and the favorable t,ids
at this point, staff recommends th-t the Council
reconsider and that the project be o_dered in on at
least a 751 developer and 25% City split of the osts.
Councilmember Goetten noted that she has spent
considerable time reconsidering this matter.
11
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
W)ODHILL AVENUE CONTINUED
it was moved by Councilmember Goetten, seccnded by
councilmember Sime, that Council:
1. Accept bids and order project in
2. Financing: Developer 75% - City 15% - 3 abutting
owners 10%
Motion, Ayes 4, Nays 0.
Councilmember Petersen stated that she voted in fAvor
because she felt the abutting property owners
technically should be assessed for a portion of the
improvements.
3508 IVY FLACB*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to direct staff to continue its
efforts to resolve the high water use at 3508 Ivy Place.
Motir.n, Ayes a, Nays 0.
PEQUEST OF ORD!NLh B AMENDKENT - SOLICITOR'S ORDINANCE
City Administrator Bernhardson explained the request to
amend the solicitor's ordinance as it relates to
requiring solicitation to take place only on
commercially zined land. Staff recommends that that
solicitor's ordinance language be retained and not allow
comercial operations in residential zones and that Mr.
Larson be directed to submit a rezoning application
pending the master planning process review, if he
wishes.
Paul. Larson, owner of the property at issue, was present
for this matter. He stated that based on the use of the
abutting properties, he felt the existing use of his
property should be allowed to remain. He did not feel
he should go to the time and expense involved in
rezoning the property. He noted that this en*ire issue
was brought about by a complaint from a local. competitor
of the affected solicitor.
It was moved by Acting Mayot Callahan, seconded by
Councilmember Sime, that the Council desires to retain
the current language and Ordinance and directs Mr.
Larson to undertake the necessary rezoning application
which will be held in abeyance pendinq completion of
the master planning process for the Navarre area.
Motion, Ayes 3, Nays I. Councilmember Goetten voted nay
stet ing that t h i s is an unfcrt unate situation and that
the Counci 1 needs to be lookirq at the County Road 15
area as a total picture, including this specific area.
Motion carried.
11
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
ORDINANCE AMBNDMENT - FENCE HEIGHT AND NON-){NCROACHMENT
City AdministratoL Bernhardson presented the draft
language regarding fence regulation and related "clean
up" of non -encroachment sections to determin if Council
desires to refer this to Planning Commission for their
consideration.
•John Hollander was present for this matter and stated
is agreeable with the drafted ordinance, however, he
recommended that it oe incorporated that all existing
fenced would be exempt to this ordinance.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, that the Council refer the draft
language to the Planning Commission for its study,
thought and recommendation. Motion, Ayes 4, Nays 0.
ORDINANCE AMENDMENT - PRIVATE IMPROVEMEN43 ON RIGHT -OF -NAY
It was moved by COLncilmember Sime, seconded by
Councilmember Peterson, to accept the draft ordinance
regarding private improvements in public right-of-ways
at this time and to table the matter for final approval
at the July 11, 1988 Council meeting. Motion, Ayes 4,
Nays 0.
RMPLOYNEW - CITY RECORDER
It was moved by Acting Mayor Callahan, -cconded by
Councilmember Goetten, that the Council authorizes the
employment of a person for the City Recorder position
commencing after 1 July 1988 at a rana_e between a8.153 -
$8.675 plus prorated benefits subject tc, confirmation at
the July 11,1988 Council meeting. Addi*ionall.y, Council
acknowledges the amended resignation effective July 11,
1988 for Pati Peterson. Motion, Ayes 4, Nays 0.
RRSOLOTIONS OF RECOGNITION*
RRSOLUTIONS t2453 AND #2454
It was moved by Councilmember Sime, seconder. by
Councilmember Goetten, to adopt Resolution #2453 of
Outstanding Service by Councilmember William Sime .)r.
Motion, Ayes 4, Nays 0.
It was moved
Councilmember
recognizing Pati
4, Na,)s 0.
13
by Councilmembe: Sime, seconded by
Goetten, to adopt Resolution t1454
Peterson, City Recorder. Motion, Ayes
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
1968 ATTORNEY'S FEES
City Administrator Bernha.dson and City Attorney Barrett
clarified the agreement for Acting Mayor Callahan.
It was moved by Actirg Mayor Callahan, seconded by
Councilmember Peterson, to adopt the rates contained in
Attachment A for 1988 for it s City Attorney Fees.
Motion, Ayes 4, Nays 0.
POLICE INTERN - MARK MEYER*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, that the Orono City Council
authroizes the internship of Mark Meyer for the period
6/21/88 to 9/l/88. Motion, Ayes 4, Nays 0.
COWIENSATION ADJUSTMENT - CHARLOTTE K UTSON*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adjust Senior Accounting Clerk
Char lotte Knutson's salary to Level 4 Step IV ($10.71
per hour) effective July 1, 1988. Motion, Ayes 4, Nays
0.
ADMINISTRATOR'S INFORMATION•
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to accept City Administrator
Bernhardson's information regarding: 1950 Shoreline,
i Traffic Accident - Old Long Lake Road/Hwy. 12, 3536
Lyric Avenue, and City Administrator's Vacation.
Motion, Ayes 4, Nays 0.
CITY ATTORNEY'S REPORT:
City Attorney Barrett requested an Executive Session to
discuss litiqation.
The Council meeting adjourned temporarily before
I entering into executive session at this time.
LICENSES*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the following
licenses:
Set -Up License - Don Scherven, Navarre Lanes
Spring Hill Center
Solicitor's License - Fabian Seafood
Residential Kennel License - John Hollander, 200
Hollander Road
Motion, Ayes 4, Nays 0.
uisa•
It was moved by Councilmember Sime, seconded by
Louncilmember Goetten, to approve payment of the All
Funds Accounts. Motion, Ayes 4, Nays 0.
14
MINUTES OF THE PSGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
ADJOURNMENT 10:20 P.M.
It wes moved by Acting Mayor Callahan, seconded by
Courcilmember Sime, to adjourn the regular Council
meeting at 10:20 P.M. Motion, Ayes 4, Nays 0.
ATTEST:
Dorothy M. Hallin, City C er Edward J. Ca ahan, Jr., Act - -mg Mayor
15
MINUTES 6/27/88
d �
i MEMORANDUM
TO: Orono City Council
DATED: June 27, 1988
RE: APPLICATi%dN.OF EDWARD R. HENRICH
i 4115 Highwood Road
No. 1025
Ladies and Gentlemen:
EXHIBIT A
Page 1 of 4
.
This memo is presentee] as an outline of the positron of
applicant, and with the request that it be reviewed and made part
of the official record in this hearing.
FACTUAL BACKGROUND.
Applicant requests necessary variances to construct a
dwelling on a pre-existing lot of record located in the Highwood
Lake Subdivision. The lot in question contains 50 feet of
frontage on Lake Minnetonka and an area of .0193 acres. The lot
has a sewer connection and has been assessed for one full sewer
unit. The 'ot is located on Highwood Road. There are 12 parcels
i
located on :�hl.:d Road, excluding the parcel owned by
applicant, ti 9 are .25 of an acre or smaller; one is .34
?'
of an acre_, are greater than 5/10*�hs of an acre.
Applicant ha-, anted substantial documentation to the Planning
o
physicians' statements supporting
Commission an- -Laff, includingpp
the fact that he is :medically restricted from activities
necessary to the continued maintenance of his present dwelling.
Mr. Henrich"s request is to allow construction of a smaller
residence and ultimately the sale of the main residence to
applicant's adult child to allow necessary maintenance and
medical assistance.
1. THE CITY STAFF RECOMMENDATION FOR DENIAL BASED ON THE "SPI4r
i
AND INTENT OF T''E LR-1B ZONING DISTRICT IS NOT SUPPORTED BY
FACTS.
The staff i,i its recommendation places emphasis on the fact
that the neighorhood is densely populated. The staff has assumed
that the ;ntent oLR-1B Zoning District is to provide a density no
greater than 1 dwelling per acre. The City of Orono, however,
has rount:nely granted variances to properties located in LR-lB
zones. During the five year period from 1982 to 1987 for
example, 17 such variances were granted while only 2 were denied.
Of particular significance is the fact that the city of Orono,
based on information provided by the Assistant Zoning I
Administrator has NEVER DENIED BUILDABILITY TO A LOT ON WHICH A
SEWER CONNECTION WAS AVAILABLE AND WHICH HAS PAID A FULL SEWER
SSSESSMENT. Of similar significance is the fact that of the 390
ots Zoned LR-1B, only 111 (28%) are equal to greater than 1 acre
ff]
LnL11L1♦ In
Page 2 of 4
and over half of the lots with this zoning (197) are SMALLER
THAN 6/10ths OF AN ACRE. It is clear from looking at these
numbers thu,. "i'Lhough the designation of an one acre minimum lot
size might be justified as a desirable standard, the imposition
of this zoning category on over half of the lots presently so
zoned, does not conform to long established use, and the
application of the present ordinance does nut support a "spirit
or intent` of one acre parcels.
An analysis of applicants immediate neighborhood shows a
smiliar pattern. 75% of the lakeshore lots on Highwood Road
(exclusive of applicant's property) are less than 26/100ths of an
acre. None equals 1 acre and only 8% (1 out of 12) is as large
as 6/10ths of an acre. An analysis of all properties located on
Highwood Road yields an even greater disparity. Of the 24
properties in this category, none is equal or greater than one
acre; one is equal to or greater than 8/10ths of an acre; one is
between 6/10ths and 8/10ths of an acre and the remaining 22 are
less than 6/10ths of an acre.
2. THE STAFF POINTS OUT THAT THE GRANTING OF THE REQUESTED
VARIANCE FOR LOT AREA AND LOT WIDTH WOULD LEAD TO REQUESTS FOR
ADDITIONAL VARIANCES FOR AVERAGE LAKESHORE SETBACK ACID ALSO FOR
HARDCOVER REQUIREMENTS.
The proposed dwelling would in tact lead to a request for
average lakeshore setback. In reviewing this request, however,
it should be noted that the proposed location is consistent with,
and on line with, virtually all other residences on Highwood
Road, with the exception of the adjacent property owned by Mr.
George Applebaum located at 4109 Highwood Road. The property at
that address is a non -conforming structure which predates the
existing building ordinance. The dwelling built on that lot has
an extreme setback from the lake, and in fact does not meet the
road setback requirements of the ordinance. Mr. Applebaum has
reviewed and discussed the proposed construction with Mr.
Henrich, and has made a written statement to the City stating no
objection to the plans, and indeed acknowledges that it is the
location of his dwelling which is the cause of the problem.
With regard to the assertion that hardcover variances would
be requested, thi:, is �)ure speculation on the part of the staff.
The proposed plan!3 are within the restrictions and the 75 to 250
foot section of the lot. In the 0 to 75 foot segment there are
existing improvements which are non -conforming structures.
Appiicant has indicated to staff, and is willing to stipulate
that if the present variance requests are approved, he will
relandscape the property in Lhe 0 to 75 foot area, removing all
unnecessary hara cover and terracing tLe property to prevent any
surface water from running off and polluting the lake.
3. THE STAFF INDICATED THAT IN ITS OPINION GRANTING THIS
VARIANCE WILL "ULTIMATELY HAVE A NEGATIVF, IMPACT ON THE CHARACTER.
OF THE NEIGHBORHOOD AND THE CHARACTER OF THE QUALITY OF THE WATER
'L-
s
L'A[111J11 H
1 �s Page 3 of
OF LAKE MINNETONKA.
There is no evidence to support this assertion. An analysis
of the lot size data provide. i the City, and referred to above
indicates that applicants p,.. sal is totally consistent with
the neighborhood. Indeed, a review of all the properties in the
City on North Arm Bay indicates that this is an area which has
been used for high density single family residences for close to
half a century. In addition, there are no other potential
building sites on f:ighwood Road which have sever connections and
have paid sewer assessments, and which are not presently
developed. The history of this neighborhood is that the City has
allowed substantial renovation and rebuilding on lots which are
essentially the same as applicant's, and have routinely granted
variances to accommodate such construction.
As indicated above, any effect on the quality of Lake
Minnetonka as a result of applicant's proposal would be positive.
The relandscaping of applicants properties would remove
hardcover i•n the 0 to 75 foot zone where run off effects lake
quality most substantially.
4. THE STAFF ASSSERTS THAT THE PARCEL PRESENTLY HAS SOME USE AS
A SIDE YARD TO AN EXISTING DWEL�'.ING.
This position ignores the very fundamental realty that
historically the lot in question has been used as a separate
building lot, and indeed the City has classified it as such in
imposing a full sewer assessment to the property. The City 'aas
always treated the parcel as a separate tax parcel, and at no
time suggested to Mr. Henrich that the removal of the residence
previously located on the parcel would change the character of
the lot in question as a separate building parcel. Having
benefitted from its treatment of the parcel in question as a
separate building site, the City should not now attempt to assert
that Mr. Henrich has an adequate use for the property as a ncn-
building site.
5. THE CITY'S REFUSAL TO GRACT THIS VARIANCE WOULD BE hN
ARIBTRARY AND CAPRICIOUS ACT.
An analysis of the past history of variance requests in the
City of Orono indicates that minimum lot size and lot width
variances are routinely granted. Indeed in the LR-lB District
only 2 such requests have been denied. The City has arbitrarily
assigned in excess of two-thirds of the lots in the LR-1B
Districts to that category in spite of the fact that only 111 of
j
390 such lots are equal to or greater than one acre in size.
'
When faced with variance requests Or, those lots which are of
'
substandard size, the City �,as consistently and overwhelmingly
�j
approved the requests and has consistenly held that the existence
of a sewer hookup and payment of a full sewer assessment is
determinative of buildability. Indeed, information provided ty
the City staff and statements made by Assistant Zoning Director,
f�
.t
J-
' Page 4 of 4
Mike Gaffron, indicates that the City has not previously denied
buildability in any similar sewer situation, and that the
granting of variances in the present case would not set advicerse
precedent. The number of similar lots which are undeveloped, and
therefore potential building sites, if any, is negligible. In
short, there is no rational basis upon which the present
application can be denied, and to do so might well subject the
City to an action for both an injunction and money damages. We
respectfully request that the City avoid this type of unpleasant
litigation and approve applicants request.
Since ely, /
George C. MacDonald
Attorney fir Applicant
-4-
ATTACHMENT TO COUNCIL
MINUTES 6/27/88
zoning App11aPonOSV
EXHIBI': B
Page 1 of 1 F
June 27, 1988 Mr. Rd Henrich, 4115 Highwood Road - Variance request.
I believe that the Orono Council should grant the variances requested by Mr.
Henrich for the following reasons.
1. Mr. Henrich has a legally platted lot which he has owned in good faith for
many years.
2. This lot had a home on it previously, which was destroyed.
3. The lot in question was assessed a separate sewer.agWippW charge by Orono,
whicF has been paid. This indicates Orono felt this to be a buildable lot.
To quote our staff in a written memo dated 5/18/87, " By Y o r c i ng
paymnernt of an assessment , 1. L cazz tam
argued that the City had recognised
Lot 19 a8 a separate and sel!-
suf ! is ient Lot , M2iic11 count; receive a
variance as a non -conforming u.sse.
4. Orono changed its lot sizc requirements in the area some time after this lot
was legally plat ed. This action would affect new F'.attings, but ehould not
alter the usability of an existing lot.
5. More recently, our previous council recognized the legal rights of an owner
of a similar legal but small lot for Inky Johnstone on Shadywood Road. In ■y
opinion, the previous council set a precedent by permitting a home to be
built on this lot. Therefore, in order to be consisteikt, this council should
approve this request. To do otherwise would be discriminatory.
6. Beyond what I feel our moral obligation is to treat all of our citizens
justly and fairly, it would Rppear that we have historical evidence that to
deny this request will cost the taxpayers of Orono a great deal of money.
It is probable that the City of Orono will be overruled in court, if we
try to deny this landowner his right to build on this legal lot.
(Lorge case, Smiley case, what other cases ?)
by William Sime
1
TO: Mayor and City Council Ouk f Ij MEETING
FROM: Mark Bernhardson, City Administrator - 1 19,11,
DATE: July 6, 1988OF 1
SUBJBCT: Planning Commission Responsibilities �1�[
Attachments: A. Options Regarding Land Use Reviews - 4/1/88
ISSUE -
1. Opportunity for Representatives to share their views on
Planning Commission responsibilities anti relationships with the
Council.
INTRCDUCTION - At the Counci l's April 11, 1988, meeting Council
reviewedi Attachment A. This attachment was transmitted to the
Planning Commission and discussed at their meeting held on May
16, 1988. At that meeting the Chair and Vice Chair indicated
their desire to discuss this; issue with the Council as to their
viewpoints on the matter.
DISCUSSION - In addition to the outline and views to be expressed
by the Planning Commission Chair and Vice Chair in relationship
to this item, I did have the oppor' nity to discuss these
concepts; with an Orono resident, Dick Putnam. In the courses of
our discussion he indicated that there may be a possibility to
utilize the existing Planning Commission to perform the two
differing functions of longer range planning together with Board
of Appeals by separating the types of issues undertaken by
meetings. The idea is that longterm planning, subdivision and
zoning ordinance amendment work be done in one meeting and that
the Board of Appeals be held at a second meeting to consider
conditional use permits, variances acid appeals of Zoning
Administrator decisions. (If separate Boards were created
conditional use permits would need to be done by the Planning
Commission.) Such could be allowed under the current schedule
for the summer months and provisions however need to be made for
the months apart from May through September.
The other suggestion was to work on zoning ordinances through a
Task Force. The Task Force approach may be most appropriate for
the anticipated overall review of the City's zoning and
subdivision chapter. The work product developed would still need
to be reviewed by the Planning Commission and Council, under the
current ordinance ane according to State law.
The zoning staff has advised that the majority of Planning
Commission members did not wish to split the duties of the
commission (monthly Zoning Board of Appeals and monthly Planning
Commission meeting to review Conditional Use Permits, Subdivision
applications etc.) Commission members preferred the action of a
task Force (both Council and Planning Commission members) to
r-view all major planning issues and zoning amendments.
ALTERNATIVES -
1. Discuss viewpoints with Chair and Vice Chair regarding this
issue.
2. Table for further consideration.
3. Direct staff to further explore means to better focus the
long range and short range roles of the Planning Commission.
RECOMMENDATION - It is recommended that the Council establish a
Ta�—Force composed of three members of the Planning Commission
and two members of the Council to undertake all ordinance
amendments to the zoning chapter. It is further recommended that
the work on the Highway 12 Corridor be done in accordance with
the plan outlined by John Shardlow with work done by the Planning
Commission to be followed by the work done by Council.
PROPOSED MOTION - Moved by _ , seconded by , that the Council
direct staff to establish a Task Force consisting of 3 Planning
Commission members and 2 Council members to undertake the review
of all land use zoning amendments and that the work on the
Highway 12 Corridor be done in accordance with the plan outlined
by John Shardlow, with `he Planning Commission review and
recommendation followed by Council's final action. Ayes Nays
cc: Charles Kelley, Planning Commission Chair
Maureen Bellows, Planning Commission Vice Chair
TO: Mayor and City Council _i /
FROM: Mark 13^rnhardson, City Administrator�l *Ay
DATE: April 1, 1988
SUBJECT: Options Regarding Land Use Reviews
Attachment: A. Outline Regarding Land Use Controls
ISSUE - Presentation of options relating to ways that the City
may desire to undertake as it relates to its land use controls,
ane the means by which it reviews those.
INTRODUCTION - In the City of Orono its land use controls
represent a significant aspect of its municipal government.
Presently under the ordinance the City Council is the final
authority on all land use is,-ues with the Planning Commission
acting as an advisory boara for subdivisions, variances,
conditional use permits, zoning and comprehensive plan
amendments. (An additional land use control, which the City has
not used to date, but may in the future, is that of the official
mapping process.) In addition to these traditional land use
controls, the City has also involved mombPrs of the Planning
Commission in its review of its marina licensing together with
contemplation to use them in analysis for the facility study.
DISCUSSION - As part of the strategic goal setting for 1988 the
City Council desired to review the utilization of its Planning
Commission to see if there were alternatives to its current land
use control process. While not required to undertake formal
planning activities the City Council can either assume total
responsibility itself, delegate to administrative officers or
appoint a Planning Commission. The Planning Ccmmission can
either be advisiory by nature or actually have selected powers
delegated to it by the Council. In addition the Planning
Commission can either act as a Board of Adjusments in appeals for
hearing of variances and appeals of administrative decisions
regarding the enforcement of the zoning ordinance or official
map. The Board's decisions can be final subject to appeal to the
Council or adv i =ory to the Council. If a separate Board is
created, th( Board cannot review special or conditional use
permits, zoning ordinances or official map amendments. These
must be done by the Council/Planning Commission.
Various cities take various approaches in this matter. Some
cities utilize a Planning Commission to perform all the functions
as an advisory body in the same manner as Orono. Some
communities delegate the final decision authority mind/or final
decision pending appeal authority for variances to a Planning
Commission/Board of Zoning Appeals. In some communities Planning
Commissions handle subdivisions, conditional use permits,
comprehensive planning and zoning amendments together with the
0
official map an(] the Board of Zoning Appeals is a separate Board
that is composed either of a different set of members or some set
members of the Planning Commission.
Any alteration from the current arrangement where the Planning
Commission acts as the sole advisory body to Council will have an
impact on meetings, staff demands, level of coordination and thi
amount of authority delegated by Council.
In addition the City can utilize the Planning Commission in the
capacity for special reviews, such as marinas and facilitieE.
ALTERNATIVES_ - The following represent alternatives that the
Council may take in relationship to this:
1. Review the situation and decide to retain the status
quo
2. Develop a separate Board of Zoning Appeals and
Adjustments to be composed of;
a. Selected members of the Planning Commission
b. Members composed of people other than Planning
Commission members
3. Alter the size of the Planning Commission
4. Delegation of the Council powers to Planning
Commission and/or Board of Zoning Appeals
5. Utilization of a Task Force in an advisory capacity
to review the zoning amendments and/or marina licensing.
Such a Task Force would most probably be required to
submit any recommendations regarding any zoning
amendment changes to the Planning Commission and
ultimately to the Council.
MEETING ALTERNATIVES_ - At this meeting the following are possible
alternatf%es:
1. Table discussion for a future meeting.
2. Refer this general discussion to the Planning
Commission fcr their comments.
3. Provide direction to the staff for recommendations
including development of goals and objectives the
Council may desire to obtain in a review of its land use
process.
RECOMMENDATION - It is recommended, at this point, that following
discussion and_ comments by the Council as to goals and objectives
to be achieved that this general discussion reflecting those
opinions be submitted to the Planning ^ommission for their
consideration.
PROPOSED MOTION - Moved by _ , seconded by _ , that the Council
discuss the issue as to goals and objectives to be achieved and
submit it to the Planning Commission for their comments. This is
to brought back to the Council by the end of May. Ayes __, Nays
cc: Jeanne Mabueth, Zoning Administrator
Michael Gaffron, Asst. Planning & Zoning Administrator
Richard Putnam, 2765 Casco Point Road
OR( NO
CURRr:NTLY
Comprehensive Plans
PC/A
and Amendments
Zoning Ordinance
PC/A
and Amendments
Subdivisions
PC/A
Variances
PC/A
Conditional Use
PC/A
Permits
official Map
--
Appeals of Zoning
PC/A
Administrative
Decisions
L`ND USE CONTROLS
ALTERNATIVE
ALTERNATIVE
ALTERNATIVE
#1
#2
#3
PC/A
PC/A
PC/A
PC/A
PC/A
PC/A
PC/A
PC/A
PC/A
PC
BA/A
BA
PC/A
PC/A
•
PC/A
PC/A
PC/A
PC/A
PC
BA/A
BA
PC - Planning Commission
A - Advisory
SA - Board of Appeals and Adjustments
y
TING
Jlll,�t��:
1--pet /cAS ,Ai-,ro ve..AJP-y ` ,kQ 12C�e-5-'b,`.r:�
-/'U1-4tice Nr7L JVL7 2- , °i$��
To: Mayor Grabek 6 Orono Council Members AL 111� '%3
City Administrator Bernhardson �.'
From: Michael P. Gaff ron, Asst Planning 6 Zoning Aditniili'st6tor
Date: July 7, 1988
Subject: #1275 Douglas Johnson, 1399 Park Drive -
Variarces - Resolution
zoning District - LR-lB, single family, 2-acres, unsewered.
Applicatior Variances for 0-75' hardcover, 0-75' structure, average
lakes setback, side setback, building height, to allow
const 3n of major additions and decks to existing structure.
List of Exhibits
Exhibit A - Proposed Resolution
Exhibit B - Notice of Planning Commission Action 6/8/88
Exhibit C - Letter From Applicant's Structural Engineer
Exhibit D - Memo & Exhibits cf 6/3/88
Discussion -
Please review the memo and exhibits of June 3, 1988. Applicant is
proposing to construct major additions to his existing residence, which
abuts the 75' lakeshore setback line. He is propcsing a structure that
includes a basement and two stories, with a deck and steps totaling 274
s.f. or 4.9% hardcover in the 0-75' zone.
As you will find by review of the 6/3/88 memo, applicant has removed
some pre-existing hardcover in the 0-75' zone, hence ultimately the new
decks still result in a 2% decrease frun the 0-75' hardcover.
Additionally, you will note that the oxisting house is only 1.8' from
the side property line, and applicant is doing up from this structure, but
not expanding laterally within the 10' required side setback area. The
applicant has been advised that he can only have 1.5' overhangs on the side
of the house, so that overhangs will not encroach over the property line.
The structure is by definition 31' high where only 30' is allowed. In
reviewing this application, Planning Commission felt that given the
topography, a 1' height variance in this case would not be a problem.
Regarding the average lakeshore setback, this house will sit much
lower than the houses on either side even though they are set back much
further on the property. Both neighbors have been notified and applicant
has discussed his project with them and the City has received no negative
comments from the neighbors. It is unlikely that any significant views
enjoyed by neighboring owners will be decreased, both because of the
topographic variation and due to existing vegetation i-hich acts to screen
the structure from the east.
Zoning File 01275
July 7, 1988
Page 2 of 2
The Planning Commission expressed great concern in that if the
foundation of the existing house ended up being totally replaced, that
applicant would be required to move the house to meet the 10' side setback
and so that decks would meet the 75' setback. To this end, Planning
Commission made its variance approval recommendation contingent on the
applicant providing a certified structural review of the foundation
verifing that it can be reused. Applicant has provided such documentation
to show that the existing foundation can be re -used if it is "beefed up" by
pouring an inner sleeve along the outside bearing wall. The Building
Inspector has reviewed this proposal and has indicated that it is
acceptable.
Just to cover the bases, staff will still recoinmend the inclusion of
the clause within the resolution that states that the house must be
relocated to meet all required setbacks if the foundation ends up being
replaced for some reason.
Given that applicant has removed a non -conforming shed from the 0-,5'
zone and proposes to remove additional hardcover in the 0-75' zone,
approval of the sightly larger deck square footage in the 0-75' zone would
appear to not be inconsistent with past Council practices, especially given
the location of the existing house.
Staff Recomendation -
Staff recommends approval per the Planning Commission recommendation,
per the attached resolution.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISION 1 & 2
10.55, SUBDIVISION 8,
AND 10.24, SUBDIVISION 5 (A) & (B)
FILE i1275
WHEREAS, Douglas Johnson (hereinafter "the applicant") is the
owner of the property located at 1399 Park Drive within the City of Orono
(hereinafter "City") and legally described as follows:
Exhibit A, attached, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Sections 10.22, Subdivision 1 & 2; 10.55, Subdivision
8; and 10.24, Subdivision 5 (A) & (B) for approval of the following
variances:
A) Hardcover in the 0-75' zone of 4.9% where no hardcover is normally
allowed.
B) Defined building height of 31' where a 30' maximum building is
normally required.
C) Encroachment nearer the lakeshore than the defined average
lakeshore setback line where no encroachment is normally allowed.
D) Structure located in the 0-75' lakeshore setback zcne where no
structure is normally allowed.
E) Construction of additional stories above a portion of existing
house which is located 1.8' from the side lot line where a 10' side
setback is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Oror.o,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1275.
2. )perty is located in the LR-1B Single Family Lakeshore
Residf Zoning District.
3. The Orono Planning Commission reviewed this application on June 6,
1988, and recommended approval of the proposed variance based upon the
following findings:
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A) The existing and proposed hardcover percentages in the 75-
250' and 250-500' lakeshore setback zones are within the
allowable 25% and 30% respective limits. In conjunction with
additions to the house, applicant proposes to reconstruct decks
which will be located within the 0-75' lakeshore setback zone due
to the location of the existing north wall of the house being
nearly coincident with the 75' setback line. The applicant has
removed a non -conforming shed structure previously located in the
0-75' zone as part of his upgrade of the property. The new deck
and steps total 274 s.f. or 4.9% hardcover, where originally 6.9%
hardcover existed. This net hardcover decrease in .;onjunction
with the conforming hardcover percentages in the zones further
from the lake put this proposal in a positive light.
B) The 1' variance requested to building height will have little
or no significant effect on the visual appearance of the proposed
house, and the house will not be visually obtrusive because of
its relationship to its existing topography.
C) The proposed additions to the existing house technically
require a variance for encroachment past the average lakeshore
setback line. However, although the neighboring houses are
setback much further from the lake than the proposed
construction, those neighboring houses are also much higher in
elevation, hence *heir existing views of the lake will not be
significantly er ,ached upon by the proposed construction.
Additionally, t. _)roperty from the east is well screened from
the proposed construction by existing vegetation.
D) The applicant is proposing to construct additional structure
above a portion of the existing house which encroaches within
1.8' of the side lot line. Lateral additions to the existing
structure will be located to meet the 10' side setback
requirement of the LR-lB district. The applicant can construct
proper overhangs to the upward addition so that there will be no
encroachment into the neighboring property. There is adequate
setback from other structures on the neighboring property so that
fire access to this side of the house is not a problem.
E) The applicant will continue to use the existing detached
garage which is located near the road and significantly higher in
elevation than the existing house.
Page 2 of 5
4. The City
findings an
City staff,
variance on
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Council has considered this application including the
d recommendations of the Planning Commission, reports ty
comments by the applicant and the effect of the proposed
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 o 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 Zoninq Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal Zoning Code Sections
10.22, Subdivision 1 & 2; 10.55, Subdivision 8; and 10.24, Subdivision 5
(A) & (B) to permit the construction of additions to the existing residence
which will result in 4.9% hardcover in the 0-75' lakeshore setback zone
where no hardcover is normally allowed, a 31' defined building height where
only a 30' maximum building height is normally allowed, encroachment of
structure past the defined average lakeshore setback line where no
encroachment is normally allowed, encroachment of deck structure to within
67' of the shoreline and portion of the house 74' from the shoreline where
a 75' setback for all structures is normally required, and continuation
upward of a substandard l.8' side setback where a 10' side setback is
normally required, subject to the following conditions:
1. Hardcover in the 0-75' zone is limited to the followings
New Deck & Stairway 264 s.f.
Portion of House 10 s.f.
TOTAL 274 s.f. (4.98)
Applicant is advised of the 25% and 30% hardcover limitations in the
75-250' and 250-500' lakeshore setback zones respectively. No
additional hardcover will be allowed in the 0-75' lakeshore setback
zone.
2. The overhang on the proposed upward additions from the existing
house shell be no greater than 1.5' laterally from the house and shall
not encroach into the neighboring property.
Page 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3. Applicant is further advised that, although applicant's engineer
h&s verified that the existing foundation is adequate with minor
upgrading to support the proposed construction, if for some reaeon the
existing foundation is ultimately removed and must be replaces:: the
applicant shall move the proposed structure so that it will meet c:,=
10' side setback and 75' lakevhore setback requirements.
4. 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 within one year of the date of
Council approval, or this variance will expire on that date (July 11,
1989).
5. Violation of or non-compliance kith any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
6. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, herez)y agrees to the recording of this
resoiution in the chain of title of the property.
Adopted by the Orono City Council on this llth day of July, 1988.
ATTEST:
Dorothy M. Hal in, City Clerk .:'ames R. Grabek, Mayor
Property Owner s)
Page 4 of 5
ZONING FILE NO. 1275
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Pox 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 6-8-88
----------------------------------------------------------------------------
TO: Douglas Johnson COPIES TO:
1399 Park Drive
Mound, MN 55364
TYPE OF APPLICATION: Variances
------------------------------------------------------------
DATE OF MEETING: 6-6-88 VOTE: 4 For 0 Against
Planning Comission recommends the following:
Approval subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
Planning Commission recommended approval of the following variances:
1. 4.9% hardcover (274 s.f.) in 0-75' zone where 0% is normally
allowed.
2. 31' defined building height where 30' maximum building height
is normally required.
3. Average lakeshore setback encroachment variance.
4. Allow structure to be located partially in 0- 75' lakeshore
setback zone.
5. Allow continuation of 1.8'-2.3' side setback (NOTE: maximum
allowed overhang is 1.5' along east wall of house along lot
l i ne 1 1 Reduce from 2' proposed 1 1)
6. Items 4 and 5 are subject to retraction if it is determined
that the foundation must be replaced. If the foundation must be
replaced, the house must be relocated to meet all required
setbacks.
NOTE: The Building Inspections Department has preliminarily reviewed
your plans, which indicate an existing 8" brick foundation. Your
designer has correctly noted that the 8" foundation as -is will not
support the additions, but he has apparently declined to determine the
pilaster requirements. You must have a structural engineer certify
the foundation and proposed basement support walls and bums and
determine what changes must be made to support the structure. Again,
note that if the foundation must he replaced, you will be required to
move the house. This certification mu:_:t be completed prior to this
2pj2lication being scheduled for Council action.
Applicant's next scheduled meeting is dependent upon receipt of
additional information. Deadline for the June 27t h meeting is June 20,
1988 or July 5th for the July 11 meeting.
if the applicant has trouble obtaining additional information, please
contact the Building and Toning Department (473-7357).
If you desire certified copies of the official. Planning Commission
minutes, they are available from the City Recorder after review and
rpproval by the Planning Commission.
Off. t Res. 224.8398
II
HOME ENGINEERING & EVALUATION SERVICES
CFIESTER J. 7_IhiN1EWICZ, P.E.
CIVIL 4 STkuCiURAL ENGR. B MINN. • 4832 7 w'ISC, • 17673
759 CHIPPEWA AVE.
ST. PAUL. MINNESOTA 55 'r7
June 29. 1983
Mr. Doug Johnson
1399 Park Drive
Mound, MIN 55364
Re: House that you will be building in Orono, 14N
Dear Mr. Johnson:
In response to your request, I have reviewed the plans for the house you
propose to build in Orono. Minnesota.
I
I i
lIV
—J
In a City of Orono Planning Commission Action letter dated 6-8-88. it requests
you to engage a structural engineer to analyze and certify what action should be
taken by you concerning the "existing and proposed foundation and basement support
walls and 'beams and determine what changes must be made to support the structure."
Discussion and Inspection
The existing foundation and footings for the existing house consist of a
slab -on -grade concrete slab with thickened 12" x 24" footings around the periphery
of the building and probably the existing center bearing wall. While this type
of design would probably not meet the present day code, it does, however, appear
that there has not been any structural inadequacy. It is my opinion then that
these walls and footings have stood the test of time and do not appear to have
any structural problems. They, therefore, could be reused and reinforced as
hereafter recommended.
Recommendations
1) Remove the top course of block on the outside existing and inside
bearing walls.
2) On the inside wall, place a k5 vertical rebar every 16".
3) On the outside bearing wall, break a hole in the existing block at 16" O.C.
in Loth the horizontal and vertical directions.
THE FOREGOING PE►ORT IS FURNISHED AT YOUR REOUEST IN STRICT CCNr°ID(7-NCE BY US At YOUR AGENT AND EMPLOYEE FOR YO
EXCTHAT
LUSIVF USE AS AN AID IN DETERMINING THE PHYSICAL CONDITION OF THE SUBJECT PREMISES. THIS REPORT I$ INTENDED TO A ,
ONLY SUCH PORTIONS OF THE PREMISES AND THE EQUIPMENT THEREIN AS MAY RE EXAMINED VISUALLY. AND WE WARN YOU T
THOUGH SUCH PREMISES ANO!OR EQUIPMENT MAY BE IN GOOD CONDITION WHEN EXAMINED, THE CONDITION MAY CHANGE THERE
APT+
FURTHERMORE, THIS REPORT 19, NOT TO BE USED AS A RASIS FOR DETERMINING THE VALUE OF S1.ICH PREMI;E ; OR WHETHER SAME IS OF
NOT TO SE ►UNCHASEr) THIS REPORT IS NOT TO BE CONSTRUED AS A GUARANT Y On WARRANTY OF THE PREMISES OR EQUIPMENT THERI
OR OF THEIR FITNESS FOR USE.
HOME AND BUILDING INSPECTION FOR THE OWNF,n AND euYEH
Mr. Doug Johnson
Page 2
June 29. 1988
4) On the outside bearing wall, erect a concrete form on the inside at
least 4 inches from the inside of the outside wall.
5) On the outside and inside bearing walls, pour at least a 6" to 8"
cap (minimum) on top of the wall. A greater height could be built
if desired.
6) Reinforce the 4" added wall with #4 rebars 12" on center in both a
horizontal and vertical direction.
7) Place 244 rebars (continuous) at the top in the cap and 244 rebars
(continuous) at the bottom of the concrete cap regardless of the
height of the cap.
8) Pour the caps and added 4" wall with 3,000 PSI concrete. Also, fill
all voids in the existing walls. Liberally vibrate the concrete.
This vibration will assure that all voids will be filled and will
result in a very strong and adequate structure.
If you have any questions, or if I can be of further service, please do
not hesitate to contact me.
Sincerely,
Chester` rniewicz, P.E.
CJZ:ch
Enclosure
TO: Planning Commission Chairman Kelley
Planning Commission Members
City Administrator Bernhardson
FROM: Michael P. Gaffron, Asst Planning & ?oning Administrator
DATE: June 3, 1988
SUBJECT: #1275 Douglas Johnson , 1399 Park Drive -
- Variance - Public Hearing
ZONING DISTRICT: LR-lB Single Family, 2 acres, unsewered.
APPLICATION: Variances for 0-75' hardcover, 0-75' structure, average
lakeshore setback, side setback, building height, to allow
construction of major additions and decks to existing residence
structure.
LIST OF EXHIBITS:
Exhibit A - Application
Exhibit B - Plat Map
Exhibit. C - Property Owners List
Exhibit D - Applicant's Memo of Request
Exhibit E - Old Survey
Exhibit F - Coffin & Gronberg Survey
Exhibit G - Redline Drawing of Survey (Plot Plan)
Exhibit H - Photo From Lake
Exhibit I - Various Elevation Views
Exhibit J - Floor Plan (3 Levels)
Exhibit K - Hardcover Calculations by Applicant
Exhibit L - Hardcover Review by Staff
PERTINENT FACTS
1. Both existing and proposed hardcover percentages in the 75-250'
and 250-500' zones are within the allowable limits. The applicant
proposes to reconstruct decks in conjunction with additions to the
house. Those decks and a small sliver of the addition will be located
within the 0-75' zone. The new deck and steps total 274 s.f. or 4.9%
hardcover, where originally 6.9% hardcover existed.
2. Applicant proposes to construct a third level with vaulted ceiling
above the existing 2 levels of the house. Please review the elevation
views shown as Exhi.bits I. Staff has calculated that the foundation
is 63.4% covered, hence the lower level is by definition considered
basement, and the height of the structure is measured from the ground
elevation on the high side, up to the peak of the roof. In this case
we use the peak elevation because the hightest peak contains open
living space and windows along the lakeshore end. Therefore, as
technically measured, the proposed house has a defined height of W,
requiring a 1' variance to the 30' height limitation.
3. In relation to the effect of the height of this structure on the
neighborinq properties, note that thi, house already sets very low
into the hillside, at a distance belrw the neiqhboring properties to
the east and west. In addition existing vegetation screening between
this house and the house to the east would tend to limit the existing
views enjoyed by that neighboring property owner. In staffs opinion,
construction of the proposed residence will have only a minor impact
on any views enjoyed by the neighboring property owner to the east.
The residence to the west also sits near the road at the top of hill,
and is also screened to a degree. Since the proposed construction
will take place on the east side of applicants property, the impact of
the new construction on views enjoyed by the neighbor to the west will
also be minimal.
4. Note that the existing house is located only 1.8' from the east
side lot line. Applicant is proposing to build upward from this
substandard setback and therefore requires a side setbcck variance.
The additions that will not be over the existing house all meet the
required 10' side setback. There is a minor 1' encroachment of the
northwest corner of the house into the 75' setback from the lake.
5. Applicant plans to continue to use the existing garage, which is
located uphill near the road level, and would keep the existing
sidewalk. He is planning to remove the portable metal shed shown on
the survey (Exhibit G). However, it is unclear whether he will remove
the concrete slab.
DISCUSSION
Please review applicants memo and the exhibits presented. It would be
helpful for Planning Commission members to view this site if possible, to
get an idea of how the proposed structure will fit into the neighborhood
without causing view problems or being obtrusive. Althrough the peak
height of the structure viewed from the lakeside will be 401, and appear to
be 3 1/2 full stories, the house will still et far below the neighboring
houses as viewed from the lake.
Staff feels applicant has aiready mode improvements to the property by
removing the shed that was in the 0-75' zone. The proposed decks in the 0-
75' zone are there Dnly because of the location -,f the existing house.
Applicant should be advised that, although he has stated for the
record that he intends to use the existing house and foundation, it is the
City's policy that if the foundation must be replaced and that house lifted
up, that the entire existing house and new additions must be moved
laterally to meet the required side setback and lakeshore setbacks.
Planning Commission may wish to consider whether the proposed roof
lines can be revised downwards 1' fo that they meet the 30' height
limitation.
ST"T TI ON
Although the project is quit ambitious and will change the character
#'•e existing house dramatically, staff recommends approval on the basis
t,.4t the proposal will not have significant effects on the character of the
neighborhood nor will it significantly encroach on views enjoyed by
neighboring property owners. The excess hardcover in the 0-75' is
justified by the applicants recent removal of a shed that was located on
lakeshore, and his intent to remove stepping stones to the lake that now
exist.
To summarize, staff reconunends approval of the following variances:
1. 4.9% hat -er in 0-75' zone.
2. Side setback of 1.8' where 10.0' is required.
3. Average lakeshore setback encroachment variance.
4. Structure height variance of 1' to allow 31' define height where
a maximum height of 30' is normally required.
5. Variance for structure in the 0-75' setback zone.
Applicant should be advised that if he needs to replace the foundation
under the existing house and nas to lift that house to do it, that the City
will require that the house be moved sideways and southward so that the new
house and decks will meet the required setback. Applicant is also advised
that it will be appropriate to consider (in conjunction with his neighbor
to the east) a lot line rearrangement that would place applicants house at
least 10' from the side lot line.
CITY OF ORONO - VARIANCE APPLICATI
Initie1-application Fee�$150.00 '
($50.00 p r each additional variance)
Renlewal -Variance Fee $75.00
(no change from original application)
After -the -fact Fees (Double application fee)
-----------------------------------------------------------
PROPERTY LOCATION
Site Address /3
Property Identification Number (P.I.D.)
Please check one - Property abst.-act or -�C- torrens?
Attach legal description to application if not included on
required survey.
-----------•----------------------------------------------------------------
APPLICANT Phone ( home)
Name !� C �� t/� o ^J Phone ( work) -1 3 7 - tT WOW
1 (:E
.Address: f 3 99-- f *e4 --e-------City: -O'eD--Jv -----Zip Mi z .00
(,I.�. AR (if different than applicant) Phone (home)— L IMEKK TL 46V
re 'THAW YOV
Name Phone ( work) 9;A777SO C001 ft01 T10r4
1„
Address: City: Zip:
Date Property Acquired (month/year)
I (do) (do not) also own the adjacent parcels of land.
---------------------------------------------------------- -----------------
PRZS=ff USE OF PROPERTY
Present Zoning District
Present Use of Property Resideatia
_ Other (specify',
-----------------------------------------------------------------••---------
DROMPTION OP RNQMMT Estimated Construction Cost $ OOC,
Describe request in detail: Y/tR/4r/C/^S=L.'vCj
f•f D rYt C-
---------------------------------------------------------------------------
VARIAMCES RNQOIRRD
. -T
'ot Area Lot width _X Ran cover
Setback Variances ( Front Side Rcar)
Other
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations: SF j7 ff -,rZgCf,/E/) -
DESCP.IPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements: 5q 4 e} — C// 6 �-
REQUIRED SUBMITTALS
1. Completed Application Form
Certified Property Owners List of owners within 150' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamped, legal sized envelopes (A10) pre -addressed to each of the
names on the above list with no return address (use address labels
obtained with property owners list).
4. Certificate of survey including hardcover calculations as required.
g. 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 Offizial'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 l o- Date
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 verifica ion of this request.
owner's Signature Date
_�
Applicant must have ,11 submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicares 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 6 Zoning
Office of this charge prior to the meetin,-.
I 1'
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SAGA MILL PARK 4 ' ~ C\)
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RUN DATE 04/22:68
CATCH 005
38 07-117-23 41 0074
PROP ADDR 01400 PARK DR
CWNER NAME P A T ANDERSEN
TAXPAYER TONI F ANDERSEN
NAME/ADOR 1400 PARK. DR
MOUND MN 55364
{ 38 07-117-23 42 0013
I PROP AOOR 11422 PARK OR
OWNER NAME U J ANDRYS A T L PEDERSEN
TAXPAYER D J ANDaYS A T L PEDERSEN
NAME/ADDR 1422 PARK DRIVE
MOUND VN 55364
38 07-117-23 42 0018
PROP Ar p 01415 PARK DR
04ER NAME RONALD BERTAGNOLI ETAL
TAXPAYER RONALD W BFRTAGNOLI
NAME/ADDR 1415 PAPK DR
Mwfo MN 55364
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 07-117-23 41 0079
01375 PARK DR
RICHARD M HATCH A WIFE
RICHARD M HATCH
1375 PARK DR
MOU`ID MN 55364
38 07-117-23 42 0016
01405 PARK DR
F A K SHEARER
FREDERICK J SHEARER
1405 PARK DRIVE
MOUND MN 55364
38 07-117-23 42 0038
01379 PARK OR
C H FATP9ANK JR ET AL TRUSTEES
C H FATRBANK JR/P R FAIRBANK
1380 PAPK OR S W
MOUND rN 55364
REPORT NO. PI435401
PAGE 5
38 07-117-23 42 0012
01399 PARK OR
JOAN Y BLOOM
DOUGLAS C A TRICIA A JOHNSON
1399 PARK DRIVE
MOUND MN 55364
38 07-117 23 42 0017
01415 PARK OR
RONALD BERIAGNOLI ETAL
RONALD W BERTAGNOLI
1415 PARK DRIVE
MOUM MN 55364
TOTAL BATCH 005 00008
1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PRO,P�ERTY TAXATIONP TO THE BEST
0r M/ KNOWLECGE AND BELIEF. l
DATE 1�n x' BY
To: Planning Commission Members of Orono
From: Douglas Johnson, 1399 Park Drive
Date: April 22, 1988
Subject: #1275, Variance to modify existing on Forest Lake bay.
List of Exhibits:
Exhibit A: Application on file
Exhibit B: Egan, Field & Nowak Survey
Exhibit C: Coffin & Gronber5 Survey
Exhibit D: Red Lined Drawing of Survey
Exhibit E: Picture of hone from lake
The intention of this letter is to describe our hardships
involved with the variances required to modify our home on the
property located at 1399 Park Drive, Orono.
The variances required involve the usage of the 0-75'
set -back zone, and the side set -back issue due to increased
height and size of home.
The present location of our home at 1399 Park Drive has
hardcover in the 0-75' zone. It is our intention to use less
square feet: in this zone than used in previous years. It is our
intention to modify this hardcover to fit the new design and
modified home plan provided. Please note that we ace not
planning to build any closer to the lake or to our neighbc-
propecty line in question.
To clarify these two issues, I would like to refer to two
different surveys and the representation of the previous owner
and hardcover involved on the property.
To start, some misrepresentation had been described during
our purchase of the home. This description is the reason for our
variance needs. To clarify this misrepresentation is to refer to
property line between lot 15-16 of block 6, Saga Hill Revised,
Hennepin County. This line as described by our new survey does
not show a few items of importance. Here is a list of items r►ot
noted on survey:
1. Portion of vacated Forest Blvd.
2. Storage Building at lakeside
3. Sidewalk from walk -out to lakeshore
4. Fireplace and garden, south side of home
5. Elevation changes - see Red Lined Survey
Please note the survey by Egan, Field and Nowak that we used
to buy the property states a plus or minds five foot tolerance to
a space on the south side of home. As described by the previous
owner, the storage shed at the lakeshore and the garden around
the south side of the house were included inside the boundary of
the property lines. Not to confuse the real issue, but I would
line to state that there was a large sum of garbage piled behind
this lakeshore building that was inherited by myself, and then to
find that this property was lakeshore commons titled Forest Blvd.
This portion of Forest Blvd was vacated on March 28, 1988 per
article #1251. The portion of Forest Blvd. which was vacated
Marci, 28, 1988 was not represented on the survey properly per our
discussion with previous owner and the hardcover usage when the
property was purchased. This would be obvious when looking at
the site and pictures documenting structures location, as well as
the maintenance performed on the property for over the last ten
years. You will also find trees lining both sides of the
property which make side views of our home fairly unnoticed, even
with the modified house plan. Another factor involved with this
is that there is a steep elevation change between properties.
Also, the shed next to lot 17 will be removed and area will be
cleaned up.
Please note the unusual property conditions and elevation
change with respect to proposed addition. The addition to the
home in size would still leave entry of the home far below street
level where our detached garage is located. I have no intentions
to change any drainage at all, which is represented by our bridge
deck front entry from existing front sidewalk. The combination
of these factors would make changing this plan very difficult and
impractical. Therefore, I ask to modify my home as described in
it's present location.
Thank You,
-CAN, FIELD Ct
SURVEYORS_ -�'Z� f'a �•�s ►,
�1 2825 Herr I et rf:-F Minneepolis,
Avenue ,", Minnesota
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°iti t. In ths colint)• of Hwnnfi�oi'% and state of klnn..sote
Loin No. 402 �3
to
Yle hereby certify that this is a true and correct representation of a survey
of the boundaries of the land above described and of the location of all
buildings, if any, thereon, and all visible encroachments, If.any, from or on
said land. This survey Is made only in connection with a mortgage loan now
5eing placed on the property and no liability is assumed except to the holder
":f such mortgage or any other interest acquired by the reason of such
-'•..qe. It is understood and agreed no monuments have been placed for the
purpose of establishing lot lines or boundary corners.
Rated t h I s _ ,d day of wlL W5.
r.
EGAK, FIELD & NOWAK
Survevcrs-
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HARDCOVER REGULATIONS AND WORKSHEET
A.� PARDCOVER ORDINANCP. - In 1975, the Orono City Council adopted an ordinance limiting
the percentage of lot area that can be covered with impervious surfaces ("hardcover")
ouch as roofs, driveways sidewalks, etc. on properties located within 1,000 feet of
a lake. Studies have shown that sediments, oils, and debris carried into the lake
from highly urbanized areas have a detrimental impact on the quality of water iti the
lake. The intent of Orono's ordinance is to ensure that rainfall run --off will be
cleansed by filtering through grassed or vegetated yard areas before entering the
lake.
B. HARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED
I. 0--75': in the area within 75' of the lakeshore, No Hardcover is allowed
(00). - -
12. 75-2501t in the portion of the lot located between 75' and 250' from the
lake, 250 of that portion of the lot may be hardcovered.
III. 250-500't in the portion of the lot located between 250' anh 500' feet
from the lake 30► of that portion of the lot may be hardcovered.
IV. 500-1,000't in the portion of the lot located between 500' and 1,000' feet
from the lake 356 of that portion of the lot may be hardcovered.
OTE: These regulations apf ly even if you have a lot that does not abut the lake b=it is
within a lakeshore zoni 34strict.
C. HOW TO DETERMINE LCT AREA WITHIN EACH SETBACK ZONE (To bo used as denominator in all
hardcover percentage calculations)
1. 0-75' Zone
Area - 75' x /Average
width o G'E=-4V_ 0-75' zonel
l measure p llel to sholine l
75' x (a5 ft.
7 75
(Avg width)
Area of 0-75, zorie
II. 75-250' Zone
Area a (1751or avg lot depth in zone) x(Avg width
of lot
in 75-250' zone\
`` measura
parallel
to shoreline J
175' x 76? ft.
/3 (oSD s.f. (2)
(Avg width)
Area of 75--250' zone
III. 250-500' Zone
Area a (250' or avg lot depth in zone) x(Avg width of lot in 250-500' zone,
measure parallel to shoreline J
250' x _� ft. % s.f. (3)
(Avg ridth) Area of 250-500' zone
IV. 500-1,000' zone
Area - (500, or avq lot depth in zone) xIAvq width of lot in 500-1000, zonel
lmeasure parallel to shoreline J
500' x �) ft. t� (4)
1 Avg wide tl ) "ea 500--i . wonf,
D. 11A.RDCOVER CALCULATION SUMMARY
A. B.
----------------------
Lakeshore Existing
Setback Lot Area Hardcover
Zone In Zone In Zone
C.
D.
E.
F.
-------------------------------------------------
Existing
Final
Hardcover
Proposed
Hardcover
Allowed
Percentage
Hardcover
Percentage
Hardcover
(B/A)xlOC
In Zone
(D/A)x100
Percentage
0-75' T87sf
2 7V
sf • (o Z •
2-7Y sf
5 - (" z- •
75-250' i _,�_sf
2-/00
sf 3 8 it
29(00 of
2'/�• &(? •
250-500' �%S sf
/ 3o
sf /t% 8s•
/3c7 sf
�7. PS •
500-1000, sf
0
of D t
0 sf
0 t
►RDCOVER LIMITATIONS
1 ` L
AL
O
off•
ROA
E. OTHER LAKESHORE REGULATIONS
0 •
25
30 t
35 1
HARDCOVER INCLUDES:
- Structures with roofs
- Decks, even if slatted
- Sidewalks
- Driveways (paved or gravel)
- Decorative landscaping areas underlain by
plastic sheeting
- Tops of retaining walls, rock walls
- Any other surface that does not allow direct
absorption of rainfall into the ground
BBC. 10.22, REGULATIONS FOR 'LR-lA', 'LR-lA-1', 'LR-18', 'LR-I C' AND 'LR-IC-1' ONE
FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any "LR-lA', LR-lA-11, 'LR-1B', 'LR-IC*, or
0LR-1C-1' One Family Lakeshore Residential District the following regulations shall apply:
Subd. 1. Lakeshoree Set Beck Regulations. The set back from tsie shoreline for
lakeshore lots shall be at least 75 feet and no building may be located closer to the
shoreline than the average distance from the shoreline of existing residence
buildings on adjacent and nearby lots,
Subd. 2. Lakeshore Hard -�r Regulations. Within 75 feet of shoreline there
shall be no excavating, fII..nq, hard cover, temporary or permanent structures.
Within 75 to 250 feet of the shoreline ther- shall be no greater than 251 hard cover.
Within 250 to 500 feet of the shrreline there shall be no greater than 10% hard
cover. within 500 to 1,000 feet of the shoreline there shall he no greater than 354
hard cover.
Subd. 3. Tree i emoval Regulations tJo trees %,ithin 75 feat of the shoreline
with the dtarneter of six (6) inches or more shall be removed without first obtaining
a permit from the Council.
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To: Mayor Grabek & Orono Council Members
City Admini:,trator Bernhardson c,"T,' a
From: Michael P. Gaffron, Asst Planning & Zoning Administiater
Date: July 5, 1988
Subject: #1278 Ronald Timm, 4496 North Shore Drive -
Variance - Resolu`ica
Application - Request for average lakeshore setback variance to construct
deck and a hardcover variance.
Zoning District - LR-1B, 1-acre sewered
List of Exhibits
Exhibit A - Revised Deck Proposal 528 s.f. (was 424 s.f.)
Exhibit B - Detail of Proposed Hardcover Removals
Exhibit C - Proposed Resolution
Exhibit D - Planning Commission Action Notice of 6/21/88
Exhibit E - Memo and Exhibits cf 6/1/88
Discussion
Please review the memo and exhibits of June 1st, 1988. The applicant
is requesting to construct a deck which will encroach into the average
lakeshore setback, but will have little or no effect on views enjoyed by
the affected neighbor to the east. In addition, the proposed deck will
constitute additional hardcover in the 75-250' zone, but will be off -set by
major reductions of other non-structural hardcover in the 75-250' zone.
Per the 6/1/88 memo, staff has recommended removals that would decrease
hardcover from the exi: tng 43.9% down to 38.2%. At the Planning
Commission meeting, applicant noted that he had additional removals in mind
that would lower this even further, to 36.0%. Note that there is virtually
no hardcover in the 0-75' zone.
Planning Commission at their June 20th, 1988 meeting recommended 7•0
to approve the variance request, subject to removal of hardcover in the 75-
250' setback zone, to reduce to 4,915 s.f. or 38.2%.
Since the Planning Commission meeting, applicant has slightly revised
his deck plan to more conform with the existing land contours by having 3
descending levels. The degree of encroachment into the average setback
will be even less than the original plan wihch both staff and Planning
Commission felt had no visual impact on actual neighboring views of the.
lake. Additionally, the proposed hardcover removals appear to leave 4,492
(34.89%) 75-250' hardcover, even less than, the 38.2% proposed by staff.
Staff Roca mmendation
Staff recommends approval per the Planning Commission recommendation
per the attached resolution, which reflects applicant's revised proposal.
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City Of 01.
RESOLUTION Of THE C'
NO.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 i 2
PILE i1278
WHEREAS, Ronald Timm (hereinafter "the applicant") is the owner
of the property located at 4496 North Shore Drive within the city of Orono
(hereinafter "City") and legally described as follows:
Lots 1 and 1, "Berquist's Second Addition to Saga Hill", Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to F
Municipal Zoning Code Section 10.22, Subdivision 1 (B) to construct a deck
which will encroach into the average lakeshore setback where no
encroachme..t is normally allowed, and a variance to Section 10.22,
Subdivision 2 to permit the addition of structural hardcover in excess of
251 in the 75-250' setback zone where only 25% hardcover is normally
allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Coancil of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Toning File #1278.
2. The property is located in the LR-lB Single family Lakeshore
Residential Toning District.
3. The Orono Planning Commission_ reviewed this application on June
20, 1988, and recommended approval of the proposed variance based upon
the following findings:
A) The proposed deck is at or below grade level of the adjacent
affected house, hence no lake views currently enjoyed by the
neighboring property owner will be encroached upon.
B) The lroposed deck is entirely within the 75-250' setback
zone. The applicant has agreed to remove existing areas of non-
structural hardcover which will reduce '"c-250' hardcover on
the roperty from 43.9• to 38.2%, a net c!� of hardcover on
the property of more than 700 s.f.
4. Applicant subs,:quently revised his proposal to lower the g-ade
level of the derk to be less obtrusive, and proposed hardcover
removals resulting in 34.9% hardcover in the 75-2nO' zone.
I -age 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
5. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the a;.,p l icant and the effect of the proposed
variance on the health, safety and welfare of the community.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not merely serve as a
convenience to the applicant, but is nece, y to alleviate a demon-
strable hardship or difficulty; is necessar•. ro preserve a substantial
property right of the applicant; and wou'.l be in keeping with she
spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the fi^ 'ngs noted above, the Orono
City Council hereby grants a variance per M iicipal Zoning Code Section
10.22, Subdivision 1 (B) to permit the construction of a deck which will
encroach past the average lakeshor.e setback line, and a variance to Section
10.22, Subdivision 2 to allow hardcover of 34.9% in the 75-250' zone where
only 25% hardcover is normally allowed, subject to the following
conditions:
1. Hardcover on the Groperty is allowed as follows:
0-75' - 18 s.f. rie border around flower bed (0.28)
75-250' (area
House
Front St
;&rage A
Patio
Driveway
Deck
TOTAL
within zone
1.711 s.f.
0 84 s.f.
8 s.f.
04 s.F.
1,b17 s.f.
528 s.f.
n,492 s.f.
12,872 s.f.):
(34.9%)
2. Applicant shall remclre areas of hardcover as � tiown on Exhibit t.,
;.� price to final inspection of Oeck. Applicant is further advised that
no &.iditional hardcover will bf approved for this property ai.a any
future proposals - increase hardcover cn the property will not be
approved, but might be approved only in conjunction with concurrent
removals of existing hardcover, resulting in no •r increase in
hardcover.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITv COUNCIL
NO.
3. :.pplicant is further advised that enclosure of portion of this
approved deck that will encroach p,.-.t tt,e existing line from the
property at 4480 North. Shore Drive, as defined by th existing corner
of the appticant;s house, will require a formal variance applicatic:
4. 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 dote (July 11
1989).
5. Violation of or i .-n-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 s :enishable as a misdeme^nor.
6. The undersigned akj..licant t:e read, understood and hereby agrees
to the terms of this resolution aid on behalf of himself, his heirs,
successors acid 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 llth lay of July, 1988.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Property owner(s)
F'rge 3 of 4
ZONING FILE NO. 1278
CITY OF ORONO NOTICE OF PLANNING COMNISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323• 473-7357 Date of Notice- 6/21/88
--.----------------------------------------------------------------------
TO: Ronald Tii=
4496 North Shore Drive
Mound, MN 55364
---------------------------------------------------------------------------
TYPE OF APPLICATION: Variance
----------------•----------------------------------------------••------------
DATE OF HZETI%r;N: a/20/88 VOTE: 7 For 0 Against
Planing Comiss{tin recos ends the following:
App— mil subject to conditions noted below
NOTbt. AND SPECIAL CONDITIONS:
Variances for hardcover and rage lakeshore setback recommended for
a;)proval, subject to removal of hardcover in the 75-250' setback zone, to
reduce f.row the e-,isting 5,654 s.f. (4•s.9%) to 4,915 s.f. (38.2%) or less
if possible.
Applicant's r. **. scheduled meeting is confirmed as:
City Council Juil 11, 19PZ; meeting starts at 7:00 p.m.
If yov i .ire cLertiried copi#s of the official Planning C--�mmiSsion minutes,
tbe,- are available from the pity Recorder after review and arproval by the
P.' ' ng Commission.
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: June 1, 1988 �./�,-��--,E�P�ItAN'T NoT
Subject: Ali 9 Ronald Timm, 4496 North Shore Drive - Variance
- Publi. . acing
Application west for average lakeshore setback variance to construct
deck. Staff rr_..c. that a significant hardcover variance is also necessary.
Zoning District - LR-1B, 1-acre sewered
List of exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit D - Letters from Neighboring Property Owners.
Exhibit E - Applicant's Letter of Request
Exhibit F - Applicant's Submitted Survey
Exhibit G - Proposed Deck Plan View
Exhibit H - Staff Scale Drawing of Deck and Sightline Concerns
Exhibit I - Staff Hardcover Review
Exhibit J - Letter to Applicant's Contractor 3/25/88
Exhibit K - Documentation from Variance Approval of Garage in 1977
Pertinent Facts
1. The existing house already encroaches into the defined average
lakeshore setback. The proposed deck on the lake side of the home will
include a railing, and the platform will range from near grade level to
approximately 7' above grade at the west side. The views enjoyed by Mr.
Grotans at 4480 North Shore Drive would be slightly encroached on as shown
in Exhibit G. Mr. Grotans has submitted a letter in support of the average
setback variance.
2. Although applicant's letter indicates he is not aware of a hardcover
problem on the property, staffs review of hardcover indicates that while
hardcover in the 0-75' zone is merely a fraction of a percent, in the 75-
250' zone hardcover is excessive as indicated below:
After Removals
as Recommended
Existing
Proposed by
Staff (Exh. H-2)
0-75'
18 s.f. (0.28)
No change
No change
75-250' 5,654 s.f. (43.98)
5,918 s.f. (46.0%)
4,915 s.f. (38.2%)
Note that the
proposed deck is
partially over existing
hardcover, with a
net hardcover
increase due to
the deck being 264 s.f.
Staff feels there
are a number
of specific hardcover items that can be
removed, shown in
Exhibit H-2.
-To J u Nrw 2-p
Zoning File #1278
Page 2 of 2
Discussion
In 1977, a former owner of this property applied for and received a
varivnce to construct an attached garage, which was completed, and received
approval to construct a 12' by 12' free-standing deck, which was never
constructed. When those variances were granted, the City was not reviewing
hardcover in nearly as much detail as is done today. There is no
indication that ar.y spec "ic percentage of hardcover was ever approved.
The current proposed construction is all more than 75' from the lake.
There is no significant hardcover in the 0-75' zone. The hardcover in the
75-250' zone includes an excessively large driveway area that is entirely
gravel, only a portion of which appears to be driven on often enough to
eliminate all vegetative growth. There are also substantial areas of
decorative rock beds underlaid by plastic. Hardcover on the property also
includes a 16' by 24' concrete patio at the lower walkout level.
Staff feels that in order to approve the hardcover created by the deck, it
would be appropriate for Planning Commission to recommend that specific
portions of the driveway gravel and a large percentage of the plastic areas
be made non -hardcover, as indicated in Exhibit H-2. This will decrease the
final 75-250' hardcover to just over 38% .rather than the 46% that would be
maintained under applicant's propoeal.
Regarding the average lakeshore setback encroachment and diminished views,
the neighboring residence to the east is somewhat higher in elevation,
hence a deck with 36" railing will have only a minor effect on those views.
However, any future enclosure of this deck to make it a covered porch,
would have a significant effect on those views.
Staff Recos ndation
Staff recommends approval of the hardcover variance and average lakeshore
setback encroachment, finding that the effect of the additional hardcover
created by the deck can be reduced by eliminating various other hardcover
on the property, and finding that based on topography in the neighborhood,
the proposed deck and standard 36" railing will have no significant effect
on views enjoyed by the neighboring property owner at 4480 North Shore
Drive. Staff would recommend the following conditions on that
recommendation for approval:
1. Removal of existing hardcover in the amount of 1,003 s.f.,
leaving a final approved hardcover in the 75-250' zone of 4,915 s.f.
or 38.2%.
2. Applicant is advised that Enclosure of any portion of this
approved deck that will encroach fast the existing sightline from the
property at 4480 North Shore Drive, as defined by the existing corner
of the apf 1 icant's house, will require a formal variance application.
i
CITY OF ORONO - VARIANCE APPLICATION/-3
�� S
Initial Application Fee $150.00 y ff
($50.00 per each additional vari
Renewal Variance F $75 00
ee
(no change from original application)
After -the -Fact Fees (Double application fee)
-----------------------------------------------------------
PROPERTY LOCATION ,
. Iite Address '' `l C) (-- N :J. P,-� (,` \ O P L R ` U
Property Identification Number (P. I. D. ) o - k k i - 7-3 310 O o$
Please check one - Property ---"4 abstract or torrens?
Attach legal description to application if not included on
required survey.
---------------------------------------------------------------------------
APPLICANT Phone (home) L{
Name - M Phone (work)
Address: City: N o Zip: S 5
-------------------------------------- -------------------------------------
011m (if different than applicant) Phone (home)
Name
Address:
City:
Phone (work)
Zips
Date Property Acquired (month/year)
I (do) (do not) also own the adjacent parcels of land.
---------------------------------------------------------------------------
PRES=NT USE OF PROPERTY
Present Zoning District CITYJF OR
Present Use of Property \'� `g M S T C. A p Resioh"UNFFICf
.=2X0oa
Other (specify) 01 tFu
------------------------------------------------------------z- ---
OSBCRIPTION OF RNQOSS? Estimated Construction Cost �' C'X o �/h+'
lV4I
Describe request in detail: c- o lV 5 T ok T' ( [, CIS WyAkG'' wi To :.7
P� EItA _--Do R C� _ oa . ET
------------------------------- ---------- --------------- -�-9
VARIANCSS RWIRID
Lot Area
Lot Width
Hardcover
Setback Variances ( Front Side Rear)
0ther Avg Rah Lfli<G--
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations: N3
---------------------------------------------------------------------------
DESCRIPTIOi! OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements:4ri'N _T 0 �-L'St
T -, iZoA6 .
------------------- ------•--------------------------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamped, legal sized envelopes (i10) pre -addressed to each of the
names on the above list with no return address (use address labels
obtained with property owners list).
4. Certificate of survey including hardcover calculations as required.
5. Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed.
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 / Date Li�-
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 fcr purposes of investiga-
tion and verification of this request.
Owner's Signature i Date
---------------------------------------------------------------------------
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. if an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise t1w Building 6 Zoning
Office of this change prior to the meeting.
�ij I SLdlr Ic.�
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RUM DATE 04/21/88
BATCH 007
38 07-I17-23 31 0003
PROP ADOR
04465 NORTH SHORE DR
OW41 R NAME
JOHN L THEISEN JR A WF
TAXPAYER
MR JOHN L THEISEN JR
NAME/ADDR
4465 NORTH SHORE DR
MOUND MN 55364
38 07-117-23 31 0006
PPOP ADDR 04515 NORTH SHORE DR
OWNER NAME H J RIGELHOF ETAL
TAXPAYER HENRY J RIGELHOF
HAME/ADDR 4515 NORTH SHORE DR
MOijrA) MN 55364
38 07-117-23 31 0010
PPOP ADDR 04470 NORTH SHORE DR
C:.'3ER NAME JEFFERSON 0 BROWN
t TAXPAYER JEFFERSON 0 BROWN
HAME/ADDR 4470 NORTH SHORE DR
MOUND MN 55364
36 07-117-23 31 0039
PROP ADDR 04460 NORTH SHORE DR
OWNER NAME J A LORENCE A M R LORENCE
TAXPAYER JAMES A A MAXINE P. LORENCE
NAME:'ADOR 4460 NORTH SHORE DR
MOUND MN 55364
F7KNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 07-117-23 31 0004
04485 NORTH SHORE DR
C A B PETERSON
CHARLES A BEVERLY PETERSON
4485 N SHORE OR
MOUND MN 55364
38 07-117-23 31 0008
044% NORTH SHORE DR
RONALD M TIMM
RONALD M TIMM
4.w t=TH SHCRE DR
MOUND MN 55364
38 07-117-23 31 0029
04510 NORTH SHORE DR
P SAWICKI A K M SAWICKI
r SAWICKI A K M SAWICKI
4510 NORTH SHORE DR
MOUND MH 55364
38 07-117-23 42 C004
01345 VINE PL
J A M DAVIS
JOHN C DAVIS
1345 VINE PLACE
MOUND MN 55364
REPORT NO. PI435401
PAGE 14
38 07-117-23 31 0005
04495 NORTH SHORE OR
G A B ANDERSON
GERALD ! A BARBARA ANDERSON
4495 NORTH SHORE UP
MOUND MN 55364
38 07-117-23 31 0009
04480 NORTH SHORE OR
THOMAS A STAUFENBERG
JOHN J GROTA.VS
3200 29TH AGE N E
MPLS MN 55418
38 07-117-23 31 0030
04500 NORTH SHORE DR
J T BESSESEN i B E BESSESEN
J T BESSESEN A B E BESSESEN
4500 NORTH SHORE DR
MOUND MN 55364
TOTAL BATCH 007 00011
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HEK:IEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLCGGE AND BELIEF.
DATE AD- BY , � ��i
Adjacent Property owners' Acknowledgement Porn
I (we) /V, of J'd✓'r e ✓r> ,
[print name(s)] pr nt address
have reviewed the plans for the prosed improvement or proposed use of the
property located at rT\ 5 �'')'' r�-'also referred to as Land Use
Application No.
I (we) understand that in executing this acknowledgement, I (we) am
(are) not asked to declare approval or disapproval of the property or use
but merely to confirm for the City Council that I (we) am (are) aware of
the improvement plans and that the proposed neighbor's project or use
requires Council approval.
Props t Owner's Date
Property Owner Date
Ir 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.
April 15, 1988
#1
City of Orono
P. O. Box 66
Crystal Bay, Minnesota 55323
To Whom It May Concern:
After reviewing Ron Timm's deck plans for his house at 4496 North Shore
Drive I find that I have no objections to his building the planned deck
addition on nis house.
Sircer�ely,
r cam:
1004/014/
April 15, 1988 �`f (�
City of Orono
P. O. Box 66
Crystal Bay, Minnesota 55323
To Whom It May Concern:
After my conversation with Ronald M. Timm regarding his plans to build a
deck on his house at 4496 North Shore Drive, Orono, and upon reviewing
the plans thereof, 1 would like to state that I have no objections whatsoever
in him building the deck described in the plans and do not feel that his
building that deck will interfere in anv way with my view or enjoyment of
the lake or interfere with the enjoyment of or the value of my property at
4180 North Shore Drive.
Sincerely,
Nu "'y iv
5r
John J. Grotans
April 22, 1988
Vo
City of Orono
P. O. Box 66
Crystal Pay, Minnesota 55323
Dear Planning Commission/City Council:
This letter is to state my request for a variance to build a deck onto my home on
Forest Lake.
My situation is unique in that the house to the East of me is set back quite close to
the road and if I build the deck that I have planned. the Planning Administrator for
the City of Orono feels that it will interfere with John Gro►—i's view of a small
portion of the lake. His overall view of the lake will be unobstructed except for a
small portion of water on the Southwest corner of the lake. I have reviewed my
deck plans with Mr. Grotan and he feels that it will not interfere in any way with his
view of the lake or his enjoyment of it and will not negatively affect the val le of h-s
property (see attached setter). My adjacent neighbor to the West of me will virtually
be unable to see the deck from his property because of the relationship of my house
to his and the trees that separate our properties (see attached letter).
Additionally, I have a hardship in thai it is not feasible or legal to build a deck
anywhere else on the property.
Other then the Average Lakeshore Setback provision (if the building code, the deck
meets all requirements for lot size, hardcover prov;sions, and all other setback
requirements.
Thank you for your consideration in this matter.
Sincerely,
Ronald M. Timm
Li
Pla t of Survey
for Allan C. Grarmen \
of Loto 1 and 2, D9rsquist's �•,,
Second Addition to ;aga 11111
Ilonnupin County, Minnesota
\ ti
op' s
Scaler l" = 401
Pat* r 2-28-77
O r Iron marker
04.
ayslai9 .••
._ Ti• 7�
fioti Certificate or ey r
I hereby certify tint this is a
true and correct representation of a
survey of the boundaries of Lots 1 and Z,
"Berr.quist's 2nd Addition to Sags Hill", the
location of all existing; buildings theroon,
omJ tho proposed location of a proposed addi-
tion. It does not purport to show sacroacb-
msnta, if any.
/ '
;i , Z�O /A 6 6 Gordon It. Co
Land Surveyor and Planner
Long Lake, Mimesota
CaNtaiaaer Name: --
A i ress: —
CNtractor Pb- No.:
Deck Size:
Deck Elevation:
Permit Number:—.
Sq. Ft..
Railing Type: —
Approval:
Comaty:
No..
Se0 Price:-- —
Stairways:
Se WOOD
AUTHORIZED DECKS
AMRE DECK COMPANY
3700 Annapolis Lane
i'lytnouth, MN 55441
I hereby certify that these Plans
and support infon+rtion were Pre-
pared by see or under my direct
supervision and that 1 M a duly
registered ►nfessional Engineer
unc'er the lawn of the State of
Minnesota.
L!- No. 10741
e a. IF I otcha I I UsLe
1 APPROVED FOR
pwds per sgoare toot with
post spacing at one post every
12' projection with one post
J f every 8' parallel to rouse.
ABLE OF CONTENTS
P %1: Typical Deck Details
_ v f2: Module Details "A"
3: Detail "Al"
_ P 4: Girder Beam Section
_ v 1 5: Understructure
P 6: Plate Attachment
7: Railing b Post Details
+8: Staircase Details
.1 9: Contemporary Railing
Details
P q 9A:Traditional Railing
/. l retails
P O.Go to 2.1: Design Data:
1 to 3: Gusset Plat? Data
'ass BOCA Research Report No W57." l' S PAT NO 4,622,792 Designer Decks 0 Copyright 0 1954 Champion Buuai% mems, me , nr+,v 1 oa Acv VI CI
a
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CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
March 25, 1988
American Remodeling, Inc.
Attn: Terry Farrell
1935 West County Road B-2, Suite B-36
Roseville, MN 55113
Re: 4496 North Shore Drive, Orono
Dear Mr. Farrell:
N(�t s-1
� �sD
t
The Building & Zoning Department is in receipt of your
application for a building permit, which was received by this
office on March 25, 1988. A review of the application finds that
the following information needed for review is missing:
Site Improvement Plan (driveways, landscaping, sidewalks,
decks, etc.)
Hardcover Calculations (form attached)
Provide size, spacing and type of materials for structural
members.
Review of your application will not continue until the noted
items are received. Failure to submit required items immediately
may result in delays in issuance of permits.
We have also returned your check for $25.00 to you as we do
not require a fee to be paid until you come to pick up the permit
after all required reviews have been completed.
Please contact the Building & Zoning Department at 473-7357
if you have any questions.
Sin erely,1j" i�
/
Thomas J. ,Jacobs, Michael P. Gaffron,
Senior Building Inspector Asst Planning 9 Zoning Administrator
MPG/tln
Enclosure - Hardcover Calculation Form - Check #1284
SUMI)INGR ZONING — 473.7357 • AINMINISTRA710N A FINANCE -- 473-7356 • PUBLIC WORKS — 473.73f9
ASSESSING
44fr de
March 4, 1977
Mr. Olson, Buil6ing Inspector
City of Orono Village 4all
1335 Brown Road South
Orono, Minnesota
Dear i•ir. Olson:
Here is the su-ve, ", led for the additicn to my hou-,e. I
hope this is suff;-_ *,.k I would also like to add a deck as I
have outlined on to vil to xerox copy --any problems?
The contractor who mill be doinq the work is Lambin Construction
in Excelsior. Th,� man to contact at their office is Dirk Her-
furth--474-5441. He has a copy of this survey.
Any questions, please call rw a: 522-1356.
AWW�IA
Sincerely,
i ; / . � `- ems• i� .. . - t ]� �t01'a...
Allan C. Grannes
4496 North Shore Drive
I � P � 7 77�
ow ti
WILL W CA WA'Q
Plat of Survey
for Allen C. Grnnn'4!1
of Lotn 1 Nnd 7, rinrrquist's
Seef,nd Addition to SAV& 11IU
Hennepin county, Minnesota
void
+, •. qt f" V Vf 11 Wit yA• NIA
ty� Home
0 Certificate of Survey!
I }H reb., certify that this is a
true and correct ropresont,tion of a
surrey of the boundaries of Lots 1 and Z,
">lergquist's 2nd Addition to Saga Hill"t the
location of all existing buildings t eroong
and the proposed location of a pro Po
addi-
tion. It does not purport to show encroach-
senta, if say.
zo;�' 1AM4L.
•,
Scales 1" = 4U' wRon R. Co in Ile •
Dote 240 Lnnd a�a"Yor and PUNWIt
o ! Iron sn rter LOu` ids Itlnnesota
CITY OF On-. PawwrA
Conditional Use and Variance Applica�
LOCATION OP PROPOSAL (or property)
Address Yy2G• 7ti S Nt1;c. iJplvd
Legal Description 4 v r Ira LS_.rau,irs Iod X -r.•SA60Hluf
APPLICANT
NM Z) L� L &. 01 A, C . C A' N A, A, S Phone 0 71- 7 9 3;i
Address g496 �pgjeE
cum
?ft= Phone 0 y 7,2 3 S 3S
Address f 17 At 6-
Present Zoning L S - //' Present Use
Zaniag Ordinance Section Relating to Request >'r . y r
specify Ordimmce Aequire.ents
'J
t A
7 7
rM OF MnEST
Conditional Use
Variance
Wetlands Variance
Riprap
Fee
FOR OFFICIAL USE ONLY
Council Action
s- - / '/n
Explain Aaquest Ablative to Roquir nits %
�211-ice:C c.t ��-lt-� ll!l•Fl✓ r►�'�t•J !l
Extant of Non -conformity
Hardships to Property (Your reasons for requesting this Variance or Conditional Use Pea t
MATERIAL NECESSAW FOR COMPLE72 APPLICATION
(Hat be submitted i week prior to Council Meeting)
1. Application completed 4. Certified Property Owner's List of
2 Plat Mmp Section om ners within (300 ft.) (ISO ft.)
v 3. Snvsy (sketch in proposal) from Hennepin County Registrar of
Deeds
S. $30.00 Poe
Dot* __3 - (- 7 Sumeture1L1t1�i-
a
10: Plaiuiing Cocmission and Council
Maid, %hidh, Zoning Administrator
March 16, 1977
S111UECC: AlW Crannes - 4496 North 9iore Drive
Variance - Lot Area for )Vklition
'tr. Grannes i-s requesting a lot area variance for an addition to his existing
dwelling. The lot meets 9n; of the lot ►.idth requirement. lie proposed
addition would met a'1 setback requirerrnts.
The area of this lot is about 10,000 sq. tt. short of the required 43,56n sq. ft.
It does not meet 80% of the required area and, therefore, requires an area
variance of about 10,Ono sq. ft.
lie informs me the additior would not exceed the heights of the existing structure.
G
PIAMNI-IG CUMSSIW WITIM, - March 21, 1977
Camdssion recom ended approval as proposed addition fflet all setback require�ents
and there is no other land available. It was also recomi,,;rded that impervious
material not be used in Lie construction of the deck.
MINCIL 1%MrrI`lG - ?-larch 28, 1977
Approved. Suggested we adopt policy repardinR lakeshore setback for decks.
l
`W1;11-S OF A P--kV. .C. CCyt-,IS',it)N 112+1 NTH I!11.0 !•tA1<(]i 21, 1977 - PAGE 3
ncifY, urs in
+irlen stated
or'.cr to r•solv(•
tint the Fntic's
this
were
ease,-.,r•nt issue. Mr.
vacatinninF
„�LLI�+ti1 C;),)f:d
time ald teat
fie would rather
wait
at this
until Lhc rcturn�•d
y
(rnntirlucd)
to discussed
this nc►tter with
them.
1{
'Lnlap moved,
Hassel seconded,
to table
this ratter in
order for the
'.lot
applic;ult to contact
the neighbors.
y ion - Ayes
(5) , Nays (0) .
Kathi Ellis arrived and the Planning Cor•ru,,sion advised
Of the action taken earlier. 'fire ai,pl icu,t asked where 3 1�4WAY?All A B ,
a proposal of tFis nature could he approved in ('mno. 3740 Tl(WkTA SL- PEIARD
The Planning Commission pointed out the co;-rwrcial (#231T1(1'�U11, US7r Pk1tdIT
area west of Long rake and also in the Navarre area. (�236)
Mr. Hawley was present. lie is requesting • pproval of a ►.
building permit for his prop arty on 11ig IsLind. The JA 11-S 1lUSLYY - BIG ISi.I )
Zoning Administrator pointed out the loc;ltiorl of this (11iILW 1SLY STAY BAL AS
property on the map. Mr. 14iwley stated that the pro- (UILDI SITE
APPf3N�.1, AS
posed location for this structure would be the same
Isl1ILllIAIG SITE
as the previous proposal in 1974. The stnlcture would
be a little bip•ger, ha.:ever. 'isle Zoning A<lninistrrtor
stated that the applicant was aware of the fact that
no public services are available for Big Island.
After a brief discussion, lialulah moved, hassel
seconded, to rccorT,end approval on the basis that the
lots be combined and the septic system he approved by
the City Engineer. `,lotion - Ayes (5), Nays (0).
77re Planning Comnission took action on the following
wo-k session item:
The Zoning Administrator informed the Commission that ALUM GRA'M
the applicant is requesting a lot area variance for an 4496 NORTH SHOE DRIVE
addition to his existing dwelling. The proposed
addition would meet all setback requirrssents and would ITIONNCE WT AREA FUR
not exceed the heights of the existingstructure. (1240)
(�240)
Dunlap moved, Guthrie seconded, to re -or. mend approval
of this lot area variance or. the basis that no ether
land is available and proposed addition meets all set-
back requirert nts. Also recormended that i-rpervious
material not be used in the construction of the deck.
'lotion - Ayes (5), Nays (0).
`•:r. (lick Freeborn and ('la)rton Bangs were present.
r,ey l.cre informed that this was a work sesr-ion only.
KA65 ORTEIW R
'Rle Plannin? Corr^ission was concerned ahc.:t the 18Si1ADY1►0[b ROAD
o. icr%hip of the ai)utt ipg propert; and instructed VARIAVCE - Wr 11IM
Ute-()nl»g 1•F,inistrator to investigate this clatter. (0138)
iA-GULAR !?};}:'i'1 t:0 OF THE ORONO COUNCIL MARCH 28, 1977
ti !io•nry Muhich, Building G Zoning Administrator,
lead into the record Minutes of the Planning
Commission Meeting of March 7, 1977, which state:
;1
Mrs. Gasch wa present at the meeting. Once
again, she reminded the Planning Commission of
i the error that was mode at the time Mrs. Partcn's
house was constructed. Mrs. Par ten is now living
=., in her home and is more aware of the problem.
Time has helped the situation and Mrs. Parten is
now agreeable to the proposed fence.
Mrs. Gasch also informed the Commission that she
would be planting evergreens along the fence.
When the day came that she could remove the
fence, she would do so.
The Planning Commission recommended approval
Of the proposed fence based on the current
status to try to alleviate some of the problems
involved. Approval was subject to a written
statement of approval from Mrs. Parten and
the planting of evergreens to include the removal
Of this fence at some future date.
Council Meeting - March 17, 1977
Tabled on request of applicant.
i
Council Meeting - March 28, 1977
Paurus moved, Butler seconded, to approve the
variance request for Mrs. Gasch, 1030 Tonkawa
Road, for a fence, subject to obtaining a letter
Of no objection from Mrs. Parten. Motion,
Ayes (4) - Nays (0).
j Henry Muhich, Building i Zoning Administrator,
stated in his memo of March 16, 1977, that Mr.
i Allan Grannes, 4496 North Shore Dirve is request-
ing a lot area variance for an addition to his
existing dwelling. The width requirem,ntlot meets 80% of the lot
1 . The proposed addition would
meet all setback requirements.
i
The area of ttlis lot is about 10,000 sq. ft.
short of the required 43,560 sq. ft. It does
not meet 801 of the required area and, therefore,
requires an area variance of about 10,000 sq.ft.
He informs me the addition would not exceed the
heighte of the existing structure.
Page 5
VARTANCE
1030 Tonkawa Road
#199
Mrs. Robert Gasch
.V/ARIANCE
4496 North Shore Drive
1240
Allan Grannes
(Continued)
• n,
f<Et;I�LAR MF.E:TI!:G OF THE ORONO COUNCIL MARCH 28, 1977
e
Planning COrunission Meeting - March 21, 1977
a
The Planning Cuuu-nission recommended apE;rcval
as proposed addition meets; all setback require-
ments and there is no other land available. It
was also recommended that impervious material
riot be used in the construction of the deck.
+c Council Meeting - March 28, 1977
Butler moved, Paurus seconded, to approve
the variance request of Allan Grannes,
4:96 North Shore Drive, per the Planning
C,_.runission Minutes of March 21, 1977, subject
;. t o :
1. Meeting all setback requirements.
2. Utilizing pervious materials.
3. IJo other land available.
Motion, Ayes (4) - Nays (0).
Mr. John Bonner, representing Ski-Tonka, discussed
with the City Council Ski-Tonka's request for a
license to operate Phase I. Mr. Bonner stated
that he had appeared at th? Council Chambers for
the March 14, 1977 scheduled Council meeting but
the Chambers were dark. Mr. Van Nest informed
Mr. Bonner that the March 14, 1977 Council meeting
had heen cancelled for lack of a quorum and had
been rescheduled for March 17, 1977 at 7:00 P.M.,
as the Minutes of that evening indicate.
Mr. Bonner commented that the tow lines have
improved since the last report and Ski-Tonka does
not fully agree with Mr. Alan Olson's letter on
his inspections. We have not received any further
correspondence from City staff on what to do to
remedy the problem.
Mayor Van Nest commented that Mr. Olson's original
letter outlines conclusions and apl,,*ars to me
that it is clear and decisive.
Mayor Van Nest read the conclusions:
1. Correction of stopping distances on Tows 3 i 6.
r, Do you agree? Mr. Bonner: Yes.
2. Installation of operator's stations which can
view and control the entire length of all tows.
Do you agree? Mr. Bonner: No.
3. Review of signing for conformity.
Do you agree? Mr. Bonner: That's OK.
4. Rem)Val of brush and other t_
Do you agree? Mr. Bonners That's eOKbstructions.
Page 6
VARIANCE
4496 North Shore Drive
(Continued)
SKI-TONKA LICENSE
Phase I
(Continued)
City of ORONC
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION URANTING
VARIANC93 TO E•,M-�., .r J'a'!'i
MUNICIPAL ZONING CODE t►►a u Y "�� `° •.).Y;
SECTION 10.03, SUBDIVISION 4,
SECTION 10.03, SUBDIVISION 9 AND
SECTION 10.03, SUBDIVISION 13
FILE f1281
WHEREAS, Dennis A. Meyer (hereinafter "the applicant") is the
owner of the property .located at 4719 North Shore Drive within the City of
Orono (hereinafter "City") and legally described as follows:
That part of Lot 4, Block 5, Berquist and Wicklund's Park lying
Northwesterly of the Southwesterly 14 feet thereof (P.I.D. 07-117-23
32 0016), (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.03, Subdivision 4; Section 10.03,
Subdivision 9; and Section 10.03, Subdivision 13 to permit the structural
repair of a detached garage located on a let that dces not sustain a
principal residence and at a 12' street setback rather than the required
30' as doors of the garage open out to the street.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1281.
2. The property is located in the LR-lB Single Family Lakeshore
Residential Zoning District requiring a minimum of one acre in area.
The property consists of 5,760 s.f. or .13 acres in area.
3. The Orono Council reviewed this .application on June 27, 1988 and
conceptually recommended approval of the proposed variances based upon
the following findings:
A) The applicant's engineer has chosen a method of structural
repair of the foundation of the detached garage providing the
least impact on the fill contained within the foundation walls
and the cement slab floor that remains in excellent condition.
B) The structure cannot be located on the applicant's homestead
property, :ocated 50' to the west, because of the steep
topographies adjacent to the street and the documented drainage
problems within the sensitive local watershed. !
Page 1 of 4
City of OR ONO
RESOLUTION Of THE CITY COUNCIL
NO.
C) The property was under common nwnership with the lots to the
west (Lots 5 and 6, Block 5, Berquist and wicklund's Park) at the
time the garage was constructed receiving credit foi the
principal residence on Lot 6.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicant and the effect of the proposed
variances on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district• that granting the variances would
not adversely affect traffic conditions, light, air nor pose a fire
hazard or other danger to neighboring property; would not meroly serve
as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the applicant; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan
of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono .
City Council hereby grants variances per Municipal Zoning Code Section
10.03, Subdivision► 4; Section 10.03, Subdivision 9; and Section 10.03,
Subdivision 13 to permit the structural repair of an existing detached
garage located on a lot that does not sustain a principal residence and at
a 12' street setback rather than the required 30' for garages that have
doors that open out onto the street, subject to the following conditions:
1. Applicant shall execute a special lot combination formally
recognizing the unique relationship between the subject property and
applicant's homestead property, currently divided by a single lot
under different ownership.. The agreement will also ensure that both
the subject lot and applicant's homestead lot are sold as one unit in
the future.
2. This variance approval shall allow only the repair of the detached
garage classified as a hazardous building and in no way grants
approval of the construction of other accessory structures on the
property, such future construction would require approval 5y the City
of Orono.
Page 2 of 4
.1
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3. 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 to repair the detached garage
classified by the City as a hazardous building by September 1, 1988 or
these variances will expire on that date (3eptember 1, 1968)-
4. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute e. violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
5. The undersigned applicant has read, understood end hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of tnis
resolution in the chain of title of the property.
Adopted by the Orono City Council on this llth day of July, 1988.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Gra ek, Mayor
roperty Owner s
Page 3 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
STATE OF MINNESOTA ;
ss.
COUNTY OF HENNEPIN )
On this
j —7t41 day of
. J U( �
, 198�
before me
a Notary Public within and
for said
county, personally
appeared
[_� l"� "1 ` �4 . Al
-
known to
me to be the person(s) described
in and who execute& the
foregoing instrument, and acknowledged that
he (they) executed
the same
as his (their) free act and
deed.
. :.•�.V11 'N
1
DIANE WIMEH
.
I NOTARY
PUBLIC
�� N. CAI of 10 C • A/IA SEW 1A
E1i
� SCOTT COUNTY
,(.1 My CommHs'un E.pn �s J�'y 11, 599
MY COT SION XPIRFoS
STATE OF MINNESOTA )
)ss.
CUUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personafly appeared
known to me to be the
persons described in and who executed the foregoinginstrumeit,
and acknowledged that he (they) executed t;ie same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Paqe 4 of 4
City of ORONO
RESOLUTION OF THE CITY COUNQUINCII �`Sf rJNJ
NO. _
A RESOLUTION GRANTING CI1 ► OF ORDMO
AN APTER-THE-PACT VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.61, SUBDIVISION 5 (A)
PILE #1283
WHEREAS, Gary L. Escher and Beth Escher. (hereinafter "the
applicants") are the owners of the property locate3 at 3556 Livingstcn
Avenue within the City of Orono (hereinafter "City") and legally described
as Lots 20 and 21, Block 3, Navarre Heights, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for an after -
the -fact variance to Municipal Zoning Code Section 10.61, Subdivision 5 (A)
to permit a storage addition to the existing garage constructed without the
benefit of permit review, located 1/2' into the property located to the
nort:: instead of meeting the required 10' setback from the rear lot line.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1283.
2. The property is located in the LR-lC Single Family Lakeshore
Residential Zoning District requiring a 1/2 acre or 21,780 s.f. The
subject property consists of 13,200 s.f. or .3 acres.
3. The Orono Planning Commission reviewed this application on June 6,
1988, and recommended approval of a rear setback variance subject tot
an amendment of the original plans submitted by applicant based upon?.
the following findings:
A) A storage addition that encroached the adjacent property to
the north had existed on the property prior to the currL-nti
construction.
B) The original storage addition encroached the 10' required
side yard setback along the east lot line. The new addition has
been constructed so that only a rear setback is required.
C) The addition to the rear of the existing garage allows the
maximum use of the limited rear yard area.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants and the effect of the proposed
variance on the health, safety and welfare of the community.
;a Page 1 of 4
City of oR.olvo
RESOLUTION OF THE CITY COUNCIL
NO.
5. The City Council firds that the conditions existing on this
property are peculiar it and do not apply generally to other
property in this zonin rir.t; trdt granting the variance would not
adversely affect traff aditions, light, air nor pose a fire hazard
or other danger to neiy..woring 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 applicants; 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 an after -the -fact variance per Municipal Zoning
^ode Section 10.61, Subdivision 5 (A) to permit the construction of
proximately a 6hx30' storage addition to the existing garage requiring a
setback variance to the rear lot line, subject to the following
conditions:
1. The existing addition constructed without the benefit of permit
review, shall be altered by removing 1h' along the north side of the
structure maintaining a minimum setback of 1' from the rear lot line.
The newly constructed rear side of the storage addition, running 30'
along the north property line, shall be constructed as a fire -
resistive wall with a 1-hour rating.
2. Authorities granted with this after -the -fact variance run with the
property not with the applicants, but are permissive only and must be
exercised by application for a building permit by August 1, 1988 or
this after -the -fact variance will expire on that date (August 1,
1988). Applicant will also be expected to pay a penalty fee at the
time of the issuance of the building permit.
3. 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.
4. The undersigned applicants have read, understood and hereby agree
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the rec-)rding of this
resolution in the chain of title of the property.
Page 2 of 4
City Of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Adopted by the Orono City Council on this llth day of July, 1988.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Property Owner(s)
Page � of 4
TO:
FROM:
DRTB:
Planning Commission Chairman Kelley
Planning Commission Members
City Administrator Bernhardson
C9 ; "
vUl_I1�
OF s
r. it r�gg4,
Jeanne Mabusth, Building & Zoning Administrator
June 15, 1988
SQBJ: #1291 Alfred Iverson, 2835 Casco Point Road -
Variance - Public Hearing
Zoning District - LR-lC
Total Area - 36,491 s.f. or .83 acres
Required 21,780 s.f. or .50 acres
Pertinent Sections of the Code -
10.22, Subd. 2 - Lakeshore Hardcover Regulations - Applicant
seeks a hardcover variance for an increase of 321 s.f. or
1.1% increase in hardcover within the 75-250' setback area.
Hardcover Facts
0-75 Setback area = 7,214.5 s.f.
Allowed = 0
Existing = 0
Proposed = 0
75-250' Setback area = 28,319.5 s.f,
Allowed - 7,079.7 s.f. or 25%
Existing = 10,864.1 s.f. or 38.41
Proposed = 11,185.5 s.f. or 39.5%
Harcover increase = 321 s.f. or 1.1%
250-500' Setback area = 894.1 s.f.
Allowed = 268 s.f. or 30%
Existing = 202.7 s.f. or 22.6%
Proposed = 194.6 s.f. or 21.8%
Hardcover decrease = 8.1 s.f. or .8%
List of Exhibits -
A - Application
B - Plat Map
C - Property Owners list
D - Hardcover Fact Sheet
E - Hardcover Fac• 75-250' Setback Area
F - Hardcover F 150-500' Setback Area
G - Survey
H - Staff Sketch posed Improvements
I - Elevations
J - First Floor Plan -Addition
K - Second Floor Plan -Addition
Zoning File #1291
June 15, 1988
Page 2 of 3
Review of the Application - The applicant proposes a two-story
addition at the northeast corner of the existing structure. An
existing porch, walkway and portions of the bituminous drive will
be replaced with a two-story addition and a singe level two --car
garage. The first floor addition will consist of a family room,
mud room, and laundry room. The second f loor addition consists
of a master bedroom suite with a deck area extending over the
existing grade level, lakeside deck. Review Exhibit I,
specifically, the lakeshore elevation that depicts a system of
layered decks. The proposed site plan shows no other extension of
decks to the lakeward side. The floor plans show the second
story deck extending out from the master bedroom suite 4 feet
into the lakeshore yard (total deck 4'x 201). Any other proposed
lakeside decking must be shown on the survey and would be
considered as additional hardcover.
The majority of the new hardcover is placed at the break in the
drainage line which flows to the north towards the tennis court.
Review Exhibit H. The applicant's improvements would result in
an increase of 321.4 s.f. or 1.1% hardcover within the 75-250'
setback area and a decrease of 8.1 s.f. or .8% in the 250-500'
setback area. The applicant should be able to maintain hardcover
at 38.4• by trimming back on the proposed bitumious surfacing and
defining pathways to the two front door areas - review the front
elevation Exhibit I. In reviewing the staff sketch, Exhibit H,
there is a continuation of hardcov - from the finished bituminous
driveway all along the front of ' new addition.
The proposed addition does not encroach the average lakeshore
setback line of the homes on the adjacent properties. The second
story deck will not extend beyond the front floor level deck
measured at 41x 201. Based on the given elevations in the
proposed design layout there appears to be no extensive plans to
excavate the property or bring in f i 11 to the site. The proposed
addition will be located 12' from the existing tennis court
satisfying the required separation of 10' for structures. The
applicant proposed no change in the existing curb cut at Casco
Point Road.
Staff Reco"endation - To recommend approval of the hardcover
variance application of Alfred and Rosemary Iverson for the
residence located at 2835 Casco Point Road based on the following
findings:
1. The additional hardcover created by the proposed
improvements are predominantly located in the area of the
property that drains away from the lake and runs to the
street yard.
2. The proposed improvements do not. encroach the average
lakeshore setback line.
Zoning File #1291
June 15, 1988
Page 3 of 3
3. Hardcover within the 250-500' setback area has been
decreased slightly by .8% or 8.1 s.f.
4. There are no additional adjacent lands available to
acquire by the applicant.
This approval will be subject to the following conditions:
1. Hardcover within the 75-250' setback area shall be
limited to 38.4% or —?_8.
2. The only deck expansion approved with this application is
the second story deck above the existing grade level,
lakeshore deck measuring at 41x 20' that would extend to the
lakeshore from the master bedroom suite and placed over the
existing grade level deck.
Additional Cos ents and Planning Cosission Recoa endation -
7/8/88
Additional Exhibits -
L - Amended survey- - 321 s.f. of additional hardcover to be
removed.
Planning Commission advised the applicant that in no way could
they consider approving increases in hardcover within the 75-250'
setback area as the existing hardcover was already at 38.4%. If
applicant was going to receive approval for the proposed addition
then they had to maintain hardcover at the existing 38.4%.
Applicant's architect has submitted an amended survey showing the
321 s.f. of additional hardcover scheduled for removal. Please
review Exhibit L.
The enclosed resolution has been drafted per the findings cited
in the staff recommendation above and per the conditions of the
Planning Commission approval.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
m
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1291
WHEREAS, Alfred & Rosemary Iverson (hereinafter "the
applicants") are the owners of the property located at 2835 Casco
Point Road within the City of Orono (hereinafter "City") and legally
described as follows:
Refer to Exhibit A attached (hereinafter "the property");
and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of a major addition to the existing residence
requiring removal of existing hardcover improvements and the
installation of new hardcover improvements within the 75-250' setback
area providing no increase in overall hardcover but still resulting in
an excess of 3,785 s.f. or 13.3% additional hardcover over the allowed
25% hardcover.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1291.
2. The property is located in the LR-1C Lakeshore Residential
Zoning District requiring 21,780 s.f. or .5 acres in area. The
property consists of 36,491 s.f. or .83 acres.
3. The Orono Planning Commission reviewed this application on
June 20, 1988 and recommended approval of the proposed variance
based upon the following findings:
a. The additional hardcover created by the proposed
improvements are predominantly located in the area of the
property that drains away from the lake and runs to the
street yard.
b. The proposed improvements do not encroach the average
lakeshore setback line.
Page 1 of 4
1
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
c. Hardcover within the 250-500' setback area has been
decreased slightly by .8% or 8.1 s.f.
d. There are no additional adjacent lands available to
acquired by the applicants.
4. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicants and the effect
of the proposed variance on the health, safety and welfare of the
community.
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 applicants, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.22, Subdivision. 2 to permit construction of a major addition to the
existing residence resulting in no overall change in the existing
hardcover within the 75-250' setback area remaining at 38.4• or
10,864.1 s.f. subject to the following conditions:
1. The only deck expansion approved with this application is a
second story deck above an existing grade level deck, measuring
4'x 20' that would extend to the lakeshore from the master
bedroom suite.
2. Authorities granted by this variance 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 (July 11, 1989).
Page 2 of 4
a?
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
4. The undersigned applicants have read, understood and hereby
agrees to the terms of this resolution and on behalf of
themselves, their heirs, successors and assigns, hereby agree to
the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this llth day of
July, 1988.
ATTEST:
Dorothy M. Hal in, City Clerk James R. Grabek, Mayor
Property owner(s)
Page 3 of 4
atitwore of Survey
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CITY OF ORONO - VARIANCE APPLICATIO*-;,
ice..
Initial Application Fee $150.00
($50.00 per each additional variance)
Renewal Variance Fee $75.00
(no change from original application)
After -the -Fact Fees (Double application fee)
------------------------------------------------------------
PROPERTY LOCATION
Site Address %y/�
Property Identification Numb I.D.:abstract
.)��I��'l��
Please check one - Property or torrens?
Attacr legal description to application if not included on
required survey.
------------ ------------------------------------------=-------------------
APPLICANT Phone (home)5 _ �rrJ IV rr
Name kl�1-2KNI ze011< i j�l�. Phone (worker>�b-�b�
E-
Address: H!�c� VVh1j o ����t I �1 City: L -Zip ��n-
--------------- ---------------------------------•-----• --i-•Mr��yi.rij,i .
OWNER (if different than applicant) Phone (homel.} (- jQ)T `•:-i:..•.•
/ it-l% rg f
Name 1� , I �� l ���� Phone ( work TL :.„.
L//]�rj7 '�G�—'r/ _l n 4s 1 f /11 T c • rr ,
Address: (� �.� � City:
Date Property Acquired (month/year)
I (do) do not) also own the adjacent parcels of land.
------------ ----------------------------------------------------------
PRESENT USE OF PROPERTY
Present Zoning District
Present Use of Property Residential
Other (specify)
-------------------------------------------------------------- f ---- - ---
DESCRIPTION OF REQUEST Estimated Construction Cost S
Describe request in detail:
--------------------------------------------------•-------------------------
VARIANCES REQUIRED
Lot Area Lot. Width Hardcover
Setback Variances ( Front Side Rear)
Other
-:x,,n `54
HARDSHIP
Describe undue hardship or practical difficulty resultjng from strict
enforcement of zoning regulat'o�
Ian'1,N I
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements:
-------------------------------------------------------••---------------------
RRQUIRED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamped, legal sized envelopes (110) pre -addressed to each of the
names on the above list with no return address (use address labels
obtained with property owners list).
4. Certificate of survey including hardcover calculations as required.
5. Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed.
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. I'lease
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
,i,yt,' 1►- unusual expenses incurred in review of this application, and certifies t'iat
the information supplied is true and correct to the bast of his/her
knowledge.
Applicant's Signature ]'OL'''' Date r/,fit
v 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, ani Council members for purposes of investiga-
tion and verification of this request.
Owner's Sigr.; • e t c'f �, . f ..L (.. - 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 appl_cant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building 6 Zoning
Office of this change prior to the meeting
v
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12 A
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94
10
S.
(JRUN DATE 05/06/88
BATCH C09
38 20-117-23 31 0014
PROP ADDR
C;.NEP. NAME STATE LAND DEPT
TAXPAYER CITY OF ORONO
NAME/ADDR LOCAL PONDING A":EA
9/5/80 ST DEED 15889'
38 20-117-23 31 0057
PROP ACOR 02835 CASCO POINT RD
OWNER NAME A A R IVERSEN
TAXPAYER A!FRED A A ROSEMARY IVERSEN
NAME: -DER 2835 CASCO POINT RD
Wt.YZATA MN 55391
38 20-117-23 32 0007
PROP ADDR 02829 CASCO P01trT RD
OWNER NAME B E PETERSON A M P PETERSON
TAXPAYER ^RYCE E PETERSON AND
NAME/ADDR MARY PAT PETERSON
2829 CASCO POINT ROAD
WAYZATA MN 55391
PROP ADDR
Ot.'4ER NAME
TAXPAYER TOTAL BATCH 009 00009
NAME/ADOR
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 31 0020
02874 CASCO POINT RD
T W KNAPPER A D G LYON
TODD KNAPPER A DEBORAH LYON
2874 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0067
02868 CASCO POINT RD
CHARLES F NELSON A WIFE
CHARLES A tUCY NELSON
2868 CASCO POINT RD
WAYZATA MN 55391
3k 20-117-23 32 0008
OL825 CASCO POINT RD
DAVID J YOP.KS A WIFE
DAVID J YOPKS
2825 CASCO POINT ROAD
WAYZATA MN 55391
REPORT NO. PI435401
PAGE 25
38 20-117-23 31 0056
02871 CASCO POINT RD
J P A R WOLF E
J PATRICK WOLFE
2871 CASCO POINT RD
WAYZATA MN 55391
38 20 117-23 32 OOC6
02824 CASCO POINT RD
MIRIAM I JOHNSON
MIRIAM I JOHNSCN
2:.:4 CASCO POINT RD
J
WAYZATA MN 55391
38 20-117-23 32 0009
02821 CASCO POINT PO
R E OEMSHAR A M M DEtISHAR
ti
RC4ALD A MARGARET DEMSHAR
-1 CASCU POINT RD
kA-tZATA MN SS391
J
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
PFPRESENTATIM! OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PRCPRTY TAXATION, TO THE BEST
�"Y KNOWLEDGE AND BELIEF. -
DATE BY
J
J
J
.K"4- AYr '-�71P'!i!!^'pa-'.r a..v++e..r•s �+-.... au.�"$�Yfi aswt -•w.-
D. pARDCOVER CALCULATION SUMMARY
D
�,.
B.
C.
D.
E.
P.
Existing
Final
Lakeshore
Existing
Hardcover
Proposed
Hardcover
Allowed
Setback
Lot Area
Hardcover
Percentage
Hardcover
Percentage
Hardcover
Zone
In Zone
In Zone
(B/A)x100
In Zone
(D/A)xlOO
Percentage
0-75'
7 ,!J f
sf
_�•
�_ef
Q i
0 1
75--250'
� 7'> f
i, /Of
3B�q
II S,sf
q, S t
25 t.
250-500'
gq4, lI 9 f
s f
of
30 •
500-1000,
sf
.6f
0 •
4,::) a
_�_t
35 t
HARDCOVER LIMITATIONS
`cFJ�,q
f<� 0
09
\� \ `r�
RaA D
E. OTHER LAKESHORE REGULATIONS
HARDCOVER INCLUDESt
Structures with roofs
- Decks, even if slatted
Sidewalks
- Driveways (paved or gravel)
- Decorative landscaping areas underlain by
plastic sheeting
Tops of retaining walla, rock walls
- Any other surface that does not allow direct
absorption of rainfall into the ground
SEC. 10.22, REGULA?IONS FOR-LR-IA-,-LR-IA-1-, 'La -ID', 'LR-IC" AND 'LR-IC-1. ONE
FANILT LAI RSBORE RESIDENTIAL DISTRICT. Within any "LR-lA", LR-lA-1-, "LR-190,-LR-lC', or
"LR-1C-l" One Family Lakeshore Residential District the following regulations shall apply:
Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for
lakeshore lots shall be at least 75 feet mnd no building may be located closer to the
shoreline than the average distance i om 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 750 feet of the shoreline there shall be no greater than 251 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 350
hard cover.
Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline
with the diameter of six 16) inches or more shall be removed wxtho.jt first obtairing
a permit from the Council.
h' n mmmoVLR muLwrr9PS w womsmBET
A. HARDCOVER ORDINANCE - grr 1975, the Orono City. CounciI'adopted an ordinance limiting
the percentage of lot area that can be covered with impetvioue surfaces (•hardcover')
such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of
a lake. Studies have shown that sediments, oils, and debris carried into the lake
from highly urbanized areas have a detrimental impact on the quality of water in the
lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be
cleansed by filtering through grassed or vegetated yard areas before entering the
lake.
B. RARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED
I. 0-75': in the area within 75' of the lakeshore, No Hardcover is allowed
(00).
II. 75-2501: in the portion of the lot located between 75' and 250' from the
lake, 250 of that portion -�f the lot may be hardcovered.
III. 250-5001: in the portion of +-he lot located between 250' and 5001feet
from the lake 30 • of that portion of the lot may be hardcovered.
IV. 500-1,0000: in the portion of the lot located between 500' and 1,000' feet
from the lake 359 of that portion of the lot may be hardcovered.
NOTE( These regulations apply even if you have a lot that does not abut the lake but is
within a lakeshore zoning district.
C. HOW TO DMRNINE LOT AREA WITHIN EACH SETBACK ZONE (To be used as denominator in all
hardcover percentage calculations)
I. 0-75' Zone
Area - 75' x (Average width of lot in 0-75' zone)
l measure parallel to shoreline l
75' x ft. - s.f. (1)
(Avg width) Area of 0-75' zone
I1. 75-250' Zone
Area - (1751or avg lot depth in zone) x/Avg width of lot in 75-250' zone\
measure parallel to shoreline J
175' x ft. s.f. (2)
(Avg width) Area of 75-250' zone
III. 250-500' Zone
Area - (250' or avg lot depth in zone) x�Avg width of lot in 250-500, zone)
measure parallel to shoreline J
250' x ft. _ s.f. (3)
(Avg width) Area of 250-500' zone
IV. 500-1,000' Zone
Area - (500' or avg lot depth in zone) x/Avg width of lot in 500-1000' zone\
lmeasure parallel to shoreline J
500' x ft. e _ s.f. (1)
(Avg width) Area of 500-1,000' zone
HARDCOVER CALCULATION WORKSHEET
Setback Zone: (circle one) 0-75' 75-250' 250-500' 500-1000'
Existing Hardcover in Lone
a. House x - 1 ���� S.f.
length width
x - 9.f.
x - S.f.
k"i oCK t)IJj1d7
b. Garage INLW&-D 1`y 11W�- s.f.
c. Driveway x - s.f.
x - a -f S.f.
d. Sidewalk x S.f.
x e 9.f.
x - S.f.
e. Patio/ x - 5268.f.
Deck
x - S.f.
f. Landscape x - S.f.
areas
underlain x
by plastic
sheeting x
� ,y ,�� x - s . f .
�00(1 S c �,�•I
f. Other x
x - s.f.
x
TOTAL EXISTING HARDCOVER IN ZONE - ' 9.f. (1)
Existing Hardcover t - Total Existinq Hardcover x 100
Lot Area Within Zone
_10& X 100
2O3i`j,Ss.f.
Additional Hardcover to be added in
zon-3:
Item Length x Width
TOTAL S.f.
Y_uS'_'_a1 /�f� .�dL� rL j x
WWAP!71t x
it,/jyr x
S�Y x
TOTAL S.F. TO BE ADDED
- -71Q, 5- a. f.
_(aS.f.
zfZs,9 a . f .
L S.f.
.7—(2)
Existing Hardcover to be Removed, if
any:
Ittelm Length x Width
o ff x _
_Pff VE w4y_ x
- TOTAL S.f.
lQ(�a.f.
- ! S.f.
fVG'Il�/'S x
- _zlat 7 s f .
x _ S.f.
TOTAL S.P. TO BE REMOVED i (3)
Final Hardcover Proposal:
(Line (1) ♦ Line (2) -Line (3)l
nIJ A
A5,f. f. (4�
Existing To be Added To be Removed Final
PrnnnQAA RarArnvnr l -
Line (4) x 100 - ILK
p, s.f. x 100 a (►+7{
Line (I) Id—f.
HARDCOVER CALCULATION WC. LiEET
Setback Zone: (circle one) 0-75' 75-250' 250-500' 500-1000'
Existing Hardcover in Zone
a. House x s.f.
length width
x
•
s.f.
x
s.f.
x
s.f.
x
s.f.
b. Garage x
•
s.f.
c. Driveway x
_ Z, s.f.
x
s.f.
d. Sidewalk x
s.f.
x
_ s.f.
x
s.f.
e. Patio/ x
s.f.
Deck
x
s.f.
f. Landscape x
•
s.f.
areas
underlain x
s.f.
by plastic
sheeting x
s.f.
x
s.f.
Other
f . x
a. f .
x
a.f.
x
s.f.
TOTAL EXISTING HARDCOVER IN ZONE
•
--- s.f. (1)
Existing Hardcover f • Total Existing Hardcover x IUO
Lot Area Within Zone
f. x 100
�/ s.f. `�"_L--�
Additional Hardcover to be added in zone:
P/Itteelm, Length x Width TOTAL s.f.
x - s . f .
x s.f.
x s!>�
x
TOTAL S.F. TO BE ADDED I(/ (��---
1
Fxisting Hardcover to be Removed, if any:
Item Length x Width • TOTAL s.C!
x
Q'�7 4A
x _ s.?:
_ x
x
_ x
..
TOTAL S.F. TC BE REMOVED ZI 03)
Final Hardcover Proposal:
(Line (1) ♦ Line (2) -Line (3))
s
Existing To by Added To be Removed rival
Proposed Hardcover
Line W x 1CO • s'f. x 100 f
Line (1) 074,1
s.f.
it ••�• - ~'f, � :. a `mil
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114
- VAM-
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4
To: Planning Commission Chairman Kelley fiO4}T�e,�
Orono Planning Commission Members JUL, `/•p.�i
City Administrator Bernhardson 1 Jg;�
•r- `
From: Jeanne A. Mabusth, Building & Zo. ing AdniinistraRir Or
Date: June 17, 1988
Subject: A1296 Merritt J. Peterson and Rick Stodola 1895 Shadywood Road
- After -the -Fact Variances - Public Hearing
Zoning District - LR-lC
Total Area - 5,500 s.f. (approximate building envelope - thin strip of land
running south to Coffee bridge not included) - average width in the area is
approximately 25'.
Application
Illegal dock constructed in May of this year without building permits. The
dock shall not be used by applicant until this matter is resolved, review
Exhibit D. - No principal structure exists on the property - applicant
advised to file for a lot area variance to determine bui ldabi lity and if
not what reasonable use can be made of the property.
Pertinent Ordinances
To determine the variance for lot area, Section 10.25, Subdivision 6 (B)
Required - 21,780 s.f.
Existing - 5,500 s.f.
variance - 16,280 s.f. or 75%
To construct a residence on this property would require an average
lakeshore setback variance (Section 10.22, Subdivision 1 (B), an excessive
lakeshore setback variance (Section 10.22, Subdivision 1 (B), and even more
excessive hardcover variances (Section 10.22, Subdivision 2 (B).
Pertinent Ordinances Related to the Illegal Dock/Accessory Structuce
Constructed on Property without a Principal Residence
Section 10.03, Subdivision 9 (A) Time of construction - No accessory
structure shall be constructed on any lot prior to the time of construction
of t?-e principal building t 1--hick it is accessory.
Section 10.25, Subdivisic (A) Accessory uses - A. y accessory use as
regulated in the RR-lA district, any private docks -ubje(-:t to the City Code
and other applicable regulations, including boat storage density
regulations.
List of Exhibits
Exhibit A - Application
Exhibit B - Property Owners List
Ex►:ibit C - Plat Map
Exhibit D - Violation Letter to Applicants
Exhibit E - Tillotsen Survey (1875 Shadywood Road)
Exhibit F - Mapping of Cuirent Ownership
Exhibit G - Wetlands Mar
Exhibit H - RLS-1216 Tracts F & G (0013 & 0014)
Zoning File 1296
June 17, 1988
Page 2 of 6
Exhibit I - PLS-1216 Tracts Be C- D & E (0009, 0010, 0011, & 0012)
Exhibit J - Legal Decription of uLS-1216
Exhibit K - Highway Easement
Exhibit L - Plans of Lots Discussed in Lot Area Table
History of tl:e Properties
All seven ;_ircels within RLS-121E have been undT_ the ownership of Miriam
and Ewald Gustafson for many years. It is staffs understanding that
Miriam Gu afso►? Is a niemi)er of the original Coffee family that owned the
majority -f the hr9per`ies within the area. In fact, prior to their recent
move to Excelsior, the Ou:,tafsons lived across the street at 1890 Shadywood
Road. Staff zeirr-mbers meeting with Mr. Gustafson a few years back to
discuss what potential the property had in its present configuation. This
would lean consideration of all seven lots combined as one unit. It should
be nuced that these lots were never legally combined, but remained single
separate lots of record. It was staff's recommendation to f le for the lot
area variance as it appeared that parcel 0003 would have the greatest lot
depth uut without the necessary updated survey locating the present water
line anu county right-oi-way it was diffi 't to give direction. At that
tiwP staff had no knowledge that Mr. gen.'s residence and driveway
intersected the subject parcel, revie� E. In fart, Mr. Tillotsen's
dock is located on Tract F, the same iat applicants have installed
dork. Re-iew _xhif �. The applica. ave advised that it is their
undc-rfanuing t:iat Mc. Gustafson has scale kind of arrangement with Mr.
fil l-Dt - a t n sell ' � e encroached parcel to him ai 3ome time in the future.
Without the "0003" property, the property is clearly not a buildable lot,
re'viow `aff sketch Exhibit F. There isnobuilding envelope and if the lot
was d lildable, it would require the granting of multiple, excessive
varia• -11 lakeshore ordinances.
It is (-......_ly • c intent or wisY the present applicants to apply
for thr_ lot arc v •t . ance. The recen .,,,ty road acquisitions have p l aced
even more rest t- -)ns on the building envelope. Planning Co...mission
members will no, s'..akes of the additional ri-ht-of-way in relation to
aubject prope-
-d the applicant t'�at ir. order to make any decision on an
.;ture or use of the property that the buildability of the lot
,ed by the City.
the- table 'listed r.�Inw of recent lot area variances dealing
•� �r,.}r p :,pert; es similar this one.
Page 3 of 6
Restoration
on building Lakeshore'
Existing
Approved/
Property
Area
Envelope Non -Lakes`: re
Structures
Denied
LaPresh -
5,300 s.f.
Narrow lot depth, Lakeshore
Cabin (haz bldg)
Denied
Apt 1. #999
LR-IC
excessive lakeshore
assessed for sewer
6-23-86
21,780 s.f.
and wetland setbacks,
and water but not
required
witn ^mounty road right-
connected. Total
of -way increased next
replacement.
to bridge.
Perberton -
11,130 s.f.
Narrow lot depth, Lakeshore
Existing residence
Apprcved
ApHi, 0983
I>R-1C
75' lakeshore setback
hooked to sewer.
1-13-86
21,780 s.f.
on both east and west.
Total replacement.
required
Heintz
8,300 s.f.
Narrow lot depth with Lakeshore
Undeveloped. Not
Denied
LR-113
total of 1001- multiple,
assessed for sewer
3-16-78
43,560 s.f.
excessive variances required
Never assessed as
required
for .e;idence.
buildable lot based
on market valuation.
Euhject
5,500 s.f.
Narrow depth of Lakeshore
Undeveloped. Not
Property
LR-1C
building envelope -
asses>ased for sewer
21,780 s.f.
multiple variances required
and water- Neve,
required
to construct residence -
assessed as buildable
major portions of proterty
lot, based on market
consist of wetlands.
valuaticn.
In addition, staff has reviewed the assessed market valuations for all
seven parcels, they have been listed for your consideration below:
Parcel
188
187
•P"
185
'84
'83
182
181
180
'79
178
0003
600.00
6C0.00
600.00
600.00
600.00
550.)0
500.00
440.00
360.00
330.1i0
300.00
0009
100.^0
100.00
100.U0
100.00
100.00
110.0)
100.00
60.00
40.00
r0
50.00
0010
100.00
100.00
100.00
100.U0
100.00
50.00
50.00
30.00
20.00
:.00
30.00
0011
100.00
100.00
100.00
100.00
100.00
50.00
50.00
30.00
40.00
30.00
50.00
0012
100.00
100.00
10L.00
100.00
100.U`-,
50.00
50.00
30.00
50.00
40.00
40.00
'013
100.00
100.00
100.00
100.00
100.00
110.00
100.00
60.00
40.00
30.00
50.00
014
300.00
300.00
'100.00
300.00
300.00
270.00
250.00
140.00
100.00
80.00
70.00
The parcels have never been assessed as buildable lots. Parcel 0003 has
been assessed for lateral sewer and a water unit, but the subject parcels
have never been assessed for sewer or water (0013 and u014).
Staff Recommelnuation
To recommen, 'enial of the lot area variance application of Merritt
Peterson and Rick 5todola .used on the following findings:
1. There is only approximately 5,500 s.f. of area within the defi:._a
buildinev envelope with an average approximate de, ' of 100'.
2. There is not adequate area to build a house and Meet --he 75'
setback requirement, tht front, rear and side yard setbacks and
hardcover recr,iletions.
3. The �erty has never been assessed for sewer or water.
4. The tr rty was valued for tax purposes in the past at A reduced
amount t fleet the fact that these are substandard lots, and not
appropri :or residential construction.
5. The Lot is subject to flooding and s in the natur4 ,.,mgeway
to the lake for the surrounding waters-.- I. There is nc to buila
on the property without diverting the surface water off in a
manner contrary to the normal run-off pattern and onto the adjacent
street. Any construction would be subject to periodic `looding.
5. The proterty is substandard in size and relation ,rip to other
lots in the area upon which development has already been compleeed.
7. The granting, c. lc t area ---iri ance for these properties would
result in additional:
Zoning File #1296
June 17, 1988
Page 4 of 6
a. Traffic congestion
b. Surface water drainage problems
C. Surface water pollution problems for Lake :Annetonka
d. Congestion in the area
e. Dimunition in value to the surrounding properties
f. Parking problems in the area
8. The applicant has failed to demonstrate any hardships to warrant
the granting of a variance which granting of variances would be
adverse to the health, safety and welfare of the citizens of the City
of Orono.
9. The granting of the requested variances would be adverse to the
Comprehensive Land Use Plan and Zoning Code of the City.
Once again, the lot area request fcr buildability was never the intent or
purpose nf the applicants. It was clearly the procedure to go through so
that a reasonable use of the property can be decided when the property is
formally deemed unbuildable.
The accessory dock is located on a limirnd use channel and surrounded by
large wetland/swamp areas. The on]: �.fe parking area available is the
driveway on the parcel referred to �;a 0003 where Mr. Ti l lotsen's driveway
has been constructed. The parking on the county right-of-way would not be
allowed and the City would not encourage a curb cut within this section of
roadway.
Staff can recall other applications that dealt with the creation of lots
for exclusive riparian use. Briefly to raview:
In 1985 the Marina Committee was kept busy working on the 10' by 20'
riparian lots along the narrows to the south end of the City. In this
case, the riparian tracts were created years before for the purpose of
keeping the adjacent residence lot off the main lake and away from the
narrow channel area by providing a protected harbor for the docking of
boats. When the cc:,er,ants expired, some of the owners sold off the lots to
other members of the public who did not necessarily reside in the City of
Orono. These docks have existed for years and the recent variance and
Conditional Use Permit applications were a means of setting up guidelines
for the use of the severely limited dock areas.
In recent years, in the Stubbs Bay area, staff can recall a subdivision
(Balgaard/Norton) whe-? the owner of a riparian tract separated from his
homestead lot by the c my road was allowed to aivide off a 200' strip to
provide riparian access for this next door neighbor, Mr. Balgaard. The
only structures allowed cn these lots were the accessory docks. The
approval was based on the fact that Mr. Balgaard was immediately adjacent
to the property on the opposite side of the roadway.
In the subdivision at created three residential lots of the old Stubbs
Bay Marina property. :he City approved substandard lots h less than the
required 2 acres in area in addition to a r+pai an tr The riparian
i outlot was limited to the future ownershi- ' omeor.e wit .. n e. 1.000' radius
of the subject property. It just so hapE fat thy: neighbor across the
Zoning File #1296
June 17, 1988
Page 5 of 6
street from the outlot purchased it and continues to own the property now.
Once again, the background and reason behind this subdivision was the owner
was giving up a commercial marina and the City grante:l certain variances
for residential use with the rezoning so that there would be no serious
challenge of a taking.
There have been subdivisions in the past, specifically the Greentrees and
the Pink Palace Subdivisions where riparian tracts wE .e created for the
exclusive use of adjacent lot because of extensive lineal feet of shoreline
that easily satisfied the required lot width of the specific zoning
district.
The RS district (island districts) the ordinances of the City allow for
accessory docks without principal structures. This would be a reasonable
use in -onsideration of the uniqueness of island properties and the intent
of the City to minimize development.
T_n t'e Heintz application noted above where the City denied Mr. Heintz the
lot area variance for building. Heintz was told he couldn't construct an
accessory dock and that the property was merely limited to picnic, tenting,
possible fire place for picnicking and that a boat could be pulled up on
the side of the shoreline, but not permanently stored on the property.
The new members of the Planning Commission should be advised that the City
does not allow an accessory dock to be constructed on a lot being developed
until a Certificate of Occupancy is issued for the new residence. The
reason for this is that someone is at home to supervise and protect the
dock property. Docks, boats and boat equipment are always being
burglarized. As with all accessory structures/uses, it is the resident of
the principal structure that is there to watch out: for their personal
property.
Prior to approving any use of these parcels, Mr. Gustafson should be asked
as to how he is planning to dispose of the other tracts within this RLS.
The applicants advised that Mr. Tillotsen has spoken for 0003, but what of
9, 10, 11 and 12. Review your wetlands map. They are all lccated within a
wetlands area, except for C003 and Tract G. Tract O009 through 0014 should
be legally combined as one parcel, depending upon the resolve of this
issue, possibly for future acquisition by Mr. Tillotsen.
Issues for consideration:
1. Goes the physical character of the are- .-ave any hearing on your
consideration - limited channel area, dock r,-.ened by natural vegetation.
Tillotsen has a dock on Tract F, the same as applicants', is a shared dock
mare appropriate?
2. The City has approved the creation and use of riparian r.ract.s where
future owners live within a reasonable policing radius of the dock
The applicants live in other cities. How does the Planning Commission fee:
on this issue? It is important or, a limited charnel area where the dock is
shielded by natural vegetation and within visual scope of neighLor
Tillotsen? How permanent?
F
Zoning File #1296
June 17, 1988
Page 6 of 6
Alternatives for Planning Commission Action
If you approve the request of the applicant and allow the existing dock to
remain, staff would suggest the following conditions:
1. The current owner of Tracts 9, 10, 11 and 12 must transfer all
interest to applicants and applicants must legally combine all six
parcels.
J 2. Mr. Gustafson must also provide l.gal access to the dock area via
0003.
3. Dock limited to two slips only - it should be added that this
property has a Grandfather status, per LMCD codes and the dock would
be allowed without the principal structure.
4. No parking shall be allowed on the county road.
5. No other structures can be installed on the property.
6. No defin^d parking area with gravel or blacktop can be installed
on the property.
If denied, the following conditions should be considered:
1. Immediate removal of the dock.
2. Applicant can use the subject property for picnic purposes,
i
mooring of a boat on the shoreline, but not kept there permanent?.y.
3. Access to the site must be via parcel 003. Gustafson, the
current owner, must provide access easement for applicants.
How does Planning Commission wish to address the fact that Mr. Tillotsen's
dock is also located on Tract F. What plans does Mr. Gustafson have for
Tracts B, C, D and E?
Additional Comments and Planning Commission commendation
July 7, 1989
Additional Exhibits
Exhibit M - Planning Commission Action Notice
The applicants were encouraged to submit additional information in
support of their request (review Exhibit M) but have failed to do so. The
Gustafsons, the owners of RLS 1216 and Parcel 0003, have failed to contact
the City throughout the review although they were sent a copy of the staff
memo prior to the Planning Commission meeting and a copy of the Planning
Commission Action Notice after the meeting. Mr. Tillotsen called staff
prior to the meeting to advise that he would like to purchase the portion
of Parcel 0003 that his house and driveway encroach as that was all he
could afford. When asked to comment on the fact that his dock was on Tract
F, Mr. Tillotsen advised that the Gustofsons had always allowed him tj
locate his dock at that location to facilitate navigation through the
channel to the main lake.
Zoning File 11296 - Addn Comments to June 17, 1988 Memo
Page 7 of 7
Staff would add to the factual findings presented for this review:
RLS 1216 was filed on May 8, 1967. The half acre lot standard was
established for this area and subdivision regulations were: also established
for the City (this is approximately the time that the Minnetonka Highlands
Plat was being reviewed by the City).
Staff has reviewed the 1967 Council minutes and can find no record of
this division being approved by the City. It would be of interest to ask
the Gustofsons, the original purpose of RLS 1216.
Planning Coartission Recommendation -
Planning Commission recommended denial of the lot area application of
Rick Stadola and Merritt Peterson for Tracts F & G of RLS 1216 based on the
findings cited by staff on Page 3 of this memo and further advised the
applicants that an accessory dock was not an acceptable accessory use for
this property and noted the following findings:
1. The lack of s principal structure and the heavy natural screening
that shields the dock area from public view, makes policing and
protection of the dc.ck on the private property difficult if not
impossible.
2. An adjacent neighbor already has a dock located on the same
property.
3. The property is not wide enough to provide adequate parking that
would meet the required setback of 71' from the main lake (channel
area). Parking is also not allowed along this section of County Road.
4. Approval of the use of an accessory structure, such as a dock,
without a principal structure would estahlish a negative precedent in
dealing with similar requests in lots of similar size.
Options of ]fiction Available to Council -
1. To table pending further review by City Attorney regardin3 the
following issues.
a) Question of taking? (Property was never assessed for sewer
or water. Market valuation of property suggested
unbuildability.)
b) Ability of City to question the Gustafsons regarding their
plans for the remaining tracts within RLS 1216 and the claim by
applicants that Gustafsons have a gentlemen's agreement with
Tillotson for the sale of pirtions of Parcel 0003.
c) Other issues Council may deem --mrortan`. for this review.
3. To deny and to direct staff to draft the appropriate denial
resolution for presentation at the Council meeting of July 25, 1988.
HARDSHIP
Describe undue hardship or practical difficulty res I ti g rom strict
enforcement of zoning regulations:
------ Z -----� ----------------------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions reventing compliance with Zoning
Code Requirements:
REQUIRED SUBNITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamped, legal sized envelopes (#10) pre -addressed to each of the
names on the above list with no return address (use address labels
obtained with property owners list).
4. Certificate of survey including hardcover calculations as required.
5. Topographic survey (existing and proposed (levations) if any changes
in existing grade are proposed.
6. Plat Map (obtained with property o\,.ners list).
7. As an ,addendum to this application, please attach a separate list of
any ogler 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 rrect to the best of his/her
knowledge.
Applicant's Signaturet/'�'J Date
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 o purposes of investi5a-
tion and verificat.on f is q est.
�.�.%�
Owner's Signature �'f•�-� Date
Applicant must have 11 submittals into the City offices 25 da before the
Planning Commission Meeting. Planning Commission Meetings are -ld on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Plan► g Commission and Council. If an applicant is
unable to attend a schedul(.j meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building 6 Zoning
Office of this change prior to the meeting.
RL4N DATE 06/01/88
HATCH 004
17 17-117-23 31 0049
^
PROP ADOR
G3746 SUNSET OR
C44ER NAME
R 0 NAECELE
TAXPAYER
ROBERT 0 NAEGELE
NAME/ADCR
3746 SUNSET OR
!'
SPRING PARK MN 55384
_
38 17-117-23 24 0004
PROP ADOR
C1E90 SHADYWCOO RD
OWNER NAME
DURWOOD A TAYLOR
TAXPAYER
OLGA M TAYLOR
NAME/ADOR
1880 SHADYWOOD RD
WAYZATA MN 55391
38 1--117-23 24 0014
PPOP ADOR
Ow-[9 NAME
COFFEE LANDINGS
TAXPAYER
COFFEE LANDINGS
NAME/ADDR
4722 W FAIR HILLS RD
MrMIETONKA M11 55345
38 17-117-23 24 0020
PROP ADOR 01910 SHADYWOOD RD
WIER NAME DAVID C DIE ETAL
TAYPA.ER DAVID C B17.
NAME/AOOR 1910 SHAD"WOOD RD
WAYZATA MN SS391
r
38 17-117-23 24 0023
!"
r=OP AOOR
01940 SHADYWOOO RD
0194ER NAME
KAY F DAWSON
TAXPAYER
KAY F DAWSON
NAME/ADDR
1940 SHADYWOOD RO
P
WAYZATA MH 55391
PROP ADOR
OWNER NAME
TAXPAYER
TOTAL BATCH 004 00015
r
NAME/ADDR
HEN11EPIN COUNTY PROPERTY INFORMATION SYSTEM
FROPERTY OWNERS LIST
38 17-117-23 24 0002
01875 SHADYWOOD RD
G t N TILLOTSON
GLENN R TILLOTSON
1375 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0012
M D A E H GUSTAFSON TRUSTEE
EWALD A MIRIAM GUSTAFSON
603 LAKE ST UNIT 109
EXCELSIOR MN 55331
38 17-117-23 24 0018
01860 SHADYWOOD RD
DUANE N HALL
DUANNE N HALL
1860 SHADYWOOD RD
WAYZATA M14 55391
38 17-117-23 24 0021
0 ''420 SHADYWOOD RD
LCF<=`N A GASTERLAND
WENTWL'TH CO
8500 PIL'SBURY AVE S
6LOOMINGT:4 MN 55420
38 17 •117 23 24 0024
01966 SF AOYWOOD RD
1ST NATL BAtO( OF MPLS
JAMES _ URBAN
1966 SHADYWOOO RD
WAYZATA rL4 55391
REPORT NO. PI435401
PAGE 6
38 17-117-23 24 0003
M D A E H GUSTAFSON TRUSTEE
MIRIAh D A EWALD H GUSTAFSON
603 LAKE ST UNIT 109
EXCELSIOR MN 55331
38 17•1!7-23 24 0013
COFFEE LANDINGS
COFFEE LANDINGS
4722 W FAIR HILLS RD
MINONETCNKA MN 55345
38 17-117-23 24 0019
01890 SHADYWOOD RD
V J CASTAGNA A N J CASTAGNA
VANESSA J A HEIL J CASTAGNA
1890 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0022
01930 SHADYWOOD RD
MICHAEL R SIME
MICHAEL R SIME
1930 SHADYWOOD RD
WAYZATA MN 55391
38 17-117-23 24 0025
01972 SHADY14000 RD
LLOYD G NEHRING ETAL
LLOYD G NEHRING
1972 SHADY WOOD RD
WAYZATA MN 55391
o
A
MM OATS KnI188
UTCH 004
w
w
r
HENNEPIN COUNTY PROPERTY INFORMATION SYSTE'1
PPOPERTY OWhcRS LIST
REPORT NO. PI435401
PAGE 7
r
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON ThE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE REST
OF MY KNOWLVGE AND BELIEF.
DATE _siu_,� sY*�
r
r
Ir
L
CITY of 0R0'Av0
Post Office 13ox 66•Crystal Say, Minnesota SF)32:I*Municipal Offices
On the North Shore of Lake Minnetonka
May 24, 1988
Coffee Landings
C/O Merritt Peterson
4722 West Farhills Road
Minnetonka, MN 55345
Re: Regarding Doc'- Constructed on Undeveloped Property located at
1895 Shadywot..,d Road.
Dear Mr. Peterson:
On May 20, 1988 I met with Al Michaels, attorney rei,resenting
persons with interest in Coffee Landings, regarding the violation
at the property located at 1895 Shadywood Road. At that
meeting, I reviewed with Mr. Michaels the necessary
administrative steps that must be taken in order for the City to
determine that a dock can be legally installed on your property.
I recommended that a lot area variance application be filed in
order to determine if the lot was a buildable lot. The City of
Orono staff has no authority to deem a lot unbuildable or
buildable. I would advise that you file a variance application
with the City so that appropriate and legal determinations can be
made regarding the future use of the property.
Our discussions tha' day also touched briefly on other
sA -natives of use that could be considered if the lot was
deemed unbuildable. I advised that at that `ime it would be
i appropriate to ask the City what other reasonable uses can be
1 made of the property.
In order to meet the directives of the original staff letter of
May 12, 1988, we must ask that you file the application prior to
j the May 28th deadline for the removal of the dock. Please
contact my office if you are unable to file the application by
t Friday, May 27, 1988.
The application for a variance has been enclosed for your
convenience. The cost for such an application is $150.00. Staff
would be happy to review the application process with you.
If the variance applicatir- is filled by May 27th, the subject
dock may remain until f ina' r- . ' '►e of the bui ldabi l: �y of the
property. No use can be .aade of the dock until Council has
resolved the issue of the buildablity of the property.
61211.111NG & ZONING 4717157 0 ADMINE- I A3[ON S FIN AN( F - 473 7 458 • 1'i!tit i( %ORKS — 473.7359
ASSESSING
I
Please contact my office if you have any further questions
regarding the matters discussed above.
Sincerely,
6k-161 Kt C1 -,'I//C' tok'&I'
Jeanne A. Mabusth,
Building & Zoning Administrator
cc Mark Bernhardson, City Administrator
Thomas 0. Jacobs, Building 6 Fire Inspector
Michael P. Gaffron, Assistant Zoning Administrator
Tom Barrett, City Attorney
Rick Stodola
Al Michaels
Enclosure: Variance Application
JAM/lh
...I._ -.,.. —,....._. r-
Certif1cateof Survey
for Glenn R. Tillotson
in RLS # 624 and Section 17-117-2`
Hennepin County, Minnesota
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I here by certify that iff is is a true a ,.i correct rear•_se-ntation of a survey of the boundaries
of Tract E,- Registered Land SLTvey No. 624, files of Registrar of Titles, County of lie-mepfn, and U.L part of Gmmx rrnt Lot 3, _
d•-zscribed as follows: Begirding at a point on the Southeasters; line of tract E, ReS -eyed Land Sly--vey No_ 6224, Files cf the
Pccistrar of Titles, 107.59 feet fdbrttneasterly from the Trost Southerly corner , ' said 'tract E; thence Southeasterly '_ right
a;ole to said Southeasterly line 71.58 feet; thence c,-. letting to the left Ti uogrees 41 mirn,tes 30 seconds a casts- of 47.3:
feet; thence forth at right angle 32 feet; thence East at a right angle 92.11 fret, rmre or less, to the westerly .ine of Park
Street, as shown on the plat of "Shady Wood" (row County Road Nc. 19); thence Northwesterly along the Westerly line of said street
to the rest Easterly corrier of said Tract E; thetx:e Soutfive..terly along the Southeasterly line of said Tract E to the point of
beginning, in -_,;lion 17, Township 117, Range 23. Subject to any road , higlway; or right-of-way nowlaid out or existing on or
a_--)ss said prandses or any portion thereof, as r-fered to in deed Doc. Pb. 15i+132, files of Registrar (:f Titles O,e loca-.im
of all existing buildings, if any, thereon. It does not pi. -port to show other i:pro vents or • roaclrmnts.
COFFit; 8 GROt;9cRG, ItdC.,.�-/--;�. 1-1ark S. Gronberg Reg. No. 127 5
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N. 112 SEC. 17 r T 117t R. 23 SPt" FOLRK- - 17
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REGISTERED LAND SURVEY NO._/L��
HENNEPIN COUNTY, MINNESOTA
I Lerehy oortify that in accordance with the provisions of Chapter 508, Minnesota "tatutes of 1949 as
amended, I have surveyed the following tract of land in the County of Hennepin and State of kinnesota
to wits
That part of Govorsamant Lots 2 and 3 in Seotlun 17, Township 117, Range 2;59 lying 'south of the plat of
"Coffer's Addition to ;shady Wood" Dike Minnetonka and cast of a lino drawn through the Northwest corner
of ReFiotered Land Survey No.702, riles of the Registrar of Titles, and parul.el with the cast line of
Lot 31, "Coffee's Addition to Shady Wood" Lake Minnetonka, and its extension,
Except that part of Government Loto 2 and 3 embraced in the plat "bhady '►loud
Also, exceptinngg that part of said Govomment Lot 31 described as follows: Coiunt:ncing at a point on the
Southeasterly line of Tract 1%, Registered Land Survey No.6241 Files of the kegistrar of Titles, 107.59
feet Northeasterly from the swat :,outherlj corner of 6aid Tract E':; thence Suuthua:3tt;rly at a right angle
to afiid Southeasterly line 71.88 flint; thence defleoting to the lei't 71 degrees 41 minutes 30 seconds a
distance of 47.34 feet to the actual point of beginning of the lhnd to be described; thence North at a
right angle .12 feet; said last described course being hereinafter referred to as line "A"; thence East at
a right nnply, to the shore of Luke Minnetonka, said liist•desoribed course being hereinafter referred to
as lino "N"; thence Southerly alon,- the shore of said lake to its interseotion with a lino dra•Ari parallel
to !end 100 fn6t South, mansured at riplit tint-les, from said line "B"; t.hence 'Af3st along, :,aid parallel line
to the nxtension Soath of said line "A"; thence North alum- sold extended line 68 fe,t to the point of
be#•i nni ng,
Also, nxoept.ing that pert of Paid government Lot 3 descritx)d ar follows: That part of unhlatted lend in
said Governor-nt Lot I lying South of the channel in said Government Lot 3, �
Also exceptin,• thr.t part of said Governmeint Lot 2 described as follows. Coninenciag tit the intersection
of the 4tinterly line of Coiinty Road (running Northerly and :southerly along the i,este:•ly side of the plat
":shady Hood") end the Southerly line of Certway ( running. Easterly and nesterly along Southerly side of
tat 10 of "Coffee's Addition to Sheidy Wood" Lake Linnetonka ); thence :joutherl p along the Westerly line
lof County Road 150 feet; thence Won-torly and parallel with the Southerly line of said Cartway a disttync,,
of 120 feet; thence Northerly and parallel with said 'hesterly lint, o1' County koad a distance of 150 feet;
thence &istorly alone{ said southerly liria of Ctirtway 120 feet to the point of' beginning,,
Also excepting that ptirt of said Government Lot 31 dit8cribed us follows: beginning ut a point on tine
I:;outhuaatnrly lino of Tri.ct L, Itai-iutered Lund :;urvey No.6e:41 blles of' the hogiNF.rar of Titles, 107.51�
feet Northeasterly from the most ;,outhe.rly corner of stild Tract E; thence Southeasterly at a right angle
to said L;outheusterly Jilin 71.fk9 feet; tuenos deflucting to the left 71 det;rees 41 m- autes 30 seconds,
a diet-+nce of 47.34 feet; thence North Fit a right angle 32 feet; tlLence r:e+st at h r1t ht angle 92.11 feat,
more or less, to the Westerly line of i,ark Street, as shown, on the pl►.t of "shady Blood" ( now County kodd
No.19); thence Northwesterly, along the 'easterly line of said streeit to the ►..ust Lastcorner of said
Tract S; thence 5outhwosterly oloag thetL;outheasterly line of said Tract h to the pol.nt of beginning,
Also exeeptin ► that part of t3overrunont Lots 2and 31 Sect Ion 171 ToAnWiip 1171 Range 231 described as
0llowsI i3a'.?nning at the w):;t Westerly oorner of Treat C, Registered Lend Survey ha. 624, Flies of the
gistrar of Titlea; thence Northwosterly 100 feet to the moat Loutherly corner of Tract C, Registered
nd Survey I4o.7029 Files or tbe+ Registrar of Titles; thence Northeasterly, along the Suuthoasterly,liae
-�f said Tract C, Heplatered Land Survey 11o.?02 and its extension, 283 feet to toe center line of P rk
'tenet ( now County Road No.19); thei.ce :iouthst,yterly along,, tjt,id center line of nark Street 100 feet to
is 1ntmrsection with tho extension NortLfinsterly of the Northwesterly line of said Tract C, Registered
nd Survey ilo.624; thonoe :southwesterly r.lon,, said lN�t described extended line and along the Northweet•-
rly line of said Tract Ct Rep.1stered Land Survey No.6U, a distance of 283 feet to the point of begin-
ning q except road,
lso exceptinw that part of said Govorrunent Lot 3 embraced in Registered Lund Survey No.6841 Files of toe
egistrar of Titles l
leo excepting that pnrt of said government Lots 2 end 3 embraced in fievistered Land Survey No.702s
Iles of the Registrar of Titles.
jccording, to the plat thereof on file and of record in the office of the Register of Leeds in end for
aid County of Hennepin Find State of Minnesota.
he Surrey shown on shmets two and three is a correct delineation of void survey.
ated this day of, A.D. 1966.
Are .
romIth
Registered Enzineer and Land Sur►eyo
Minnesota fiegTstration No. 1381
This HMp•isttjrod Lamm Survey was approved and accepted by the VillFi(;e Council of tt)°i Villhge of Orono,
binnesotu at a regular nmiating thereof held this __ clay of A.D. kiL6.
:1IUAG1i CUUNCIL 0 Y Tiro V Ii.f.AGh. O F GRoNU , LINNB"TA
hr "yo r
BY 11dan4EN r
�itSt 1 of 5 !A LXT%';
I . uuibw u
I County rasa Nor_ -II _ _ ho1«+ No Q9'1"r
HIGHWAY EASEMENT Parcel No 5
Mlrlem D. Coffee, widow, unmarried
Grantor-.-.-, d _. H—p i n r......e tV--- _ - . __ . M4toesota for aoo In coorldentloa of
• Qae.11Vo4r�tL�nd.11olL00. -- ------ .----� - - ._��.. � --[]oUur (1...lPQ�49._)
receipt of which Is hweby acknowledilled, hereby oonvey.S _ and warrant x - to the COUNTY OF
HE:NNEPIN, a body polide snd corporate of the State of Mlnnwota, grantee, low Noway purpose, tolethw
with the utweebicied right to Improve the same, free and clear of all tr.cumbrances, the foLlowlnB described
real estate in the of Hennepin. In die State of Mlnnetotat
That part of the following described Tractt
Troct "G" Registered land Survey No. 1216 which Iles Easterly of a IIne C._...
"'M,perallel with and 40 feet Westerly of the following described Ilse•
Beginning at the Northwest corner of sold Section 17, Township 117, Range 23. thence
o East along the North line of said Section 17, 1 581.6 feet; thence deflecting to the
-T' right at an angle of 94 degrees and 5 minu'ws a distance of 576.1 feet; thence
"• a deflecting to the left at an angle of 15 degrees and 38 minutes a distance of 494.2
feet; thence deflecting to the left at an angle bf 7 degrees and 6 minutes a distance
of 04.2 feet to the actual point of beginning of the line to be described; thence
deflecting to the right along a 4 degree curve (Delta angle 6 degrees and 30 R,'nutes
and tangent distance of 81.3 feet) a distance of 162.5 feet; thence on tangent to
1 last mentioned curve a distance of 181.9 test; thence deflecting to the left along
r a 4 degree curve (Delta angle 6 degrees and 30 minutes and tangent distance of
Ne�81.3 feet) a distance of 162.5 feet; thence on tangent to last mentioned curve e
distance of 20o feet ;wnd there terminating.
fM M'S•.
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FOREST LAKE
I INOP AMEANDER£D
ZONING FILE NO. 1296
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notices 6/24/88
--------------------------------------------------------------------
TOs Merritt J. Peterson COPIES TO: Mr. i Mrs. E. Gustafson
Rick Stodola 603 Lake Street, Unit 109
4722 Wes:: Fairhills Road Excelsior, MN 55331
Minnetcnka, MN 55345
-----------------------------------------------------------------
TV OF APPLICATION: Variance
--------------------------------------------------------------------
DATE OF MI{ETI11G: 6/20/88 VOTE: 7 Fjr 0 Against
Planning Coismission reco■ssends the following:
Denial for reasons noted below.
VOTES AND SPRCIAL CONDITIONS:
The lot area application for Tracts F and G was denied based on the
findings noted in the staff memo, dated June 17, 1988. The Planning
Commission also advised that an accessory dock was not an acceptable use
fer this property and noted the findings sited in that same staff memo of
June 17th, as follows:
1. The lack of the principal structure means that there is no
individual responsible for protecting the dock property.
2. An adjacent neighbor already has a dock located on Tract F.
3. The property is not wide enough to provide adequate parking that
would meet the required setback of 75' from the channel area - parking
is also not allowed along this section of County Road.
4. Approval of the use of an accessory structure, such as a doct.,
without a principal structure would establish a negative precedent in
dealing with similar requests for jots of similar size.
Please contact the Building & zoning Delartment if you wish to submit
additional information with the Council packets for their July 11, 1988
meeting. The deadline for the new submittals would be July 1, 1988.
e ,
�e
'TINIt
TO: Planning Commission Chairman Kelley
Planning Commission Members
City Administrator Bernhardson 4i3OF
FROM: Jeanne A. Mabusth, Building 6 Zoning Administrator UNU
DATE: June 16, 1988
SO BJ ECT: 11299 Nancy Higgins, 3017 North Shore Drive -
- Conditional Use Permit - Publi^ Hearing
ZONING DISTRICT: LR-1B, 1 acre, or 43,560. s.f. required for 1
Residential Unit.
PERTINENT SECTION: 10.24 Subdivision 3 (A) (Review ordinance 129 Second
Series, section, 1 guest houses:
A separate dwelling constructed on an existing undivided lot for
the sole use of the occupants of the principal buildings,
including their demosetic employees or their t•:ie paying guests.
All regular lot requirements shall c.e met by the guest house.
LIST Cd EXHIBITS:
,exhibit A - Application
Exhibit B - Property Owners List
Exhibit C - Plat Map
Exhibit D - Applicant's Addendum
Exhibit E - Map of 75' Setback Area
Exhibit F - Survey
REVIEN OF APPLICATION:
The applicant has been asked to file a Conditional Use Permit for the
existing caretaker and guest cabin on the 3.65 ac.-e property, at one time
owned by her parents. Ms. Higgins plans to demolis.l the existing principal
residence and construct a new residence. The Rous family has owned the
subject property since the 1930s, acquiring Lots 6, 7, 8, 9 and 10 in 1936.
The storage building and summer house property acquisition followed in
1941 ( Lot 4). Tho properties are all legally combined as one lot.
Applicant was advised that the amity could not issue a building permit for a
new residence structure without first establishing a legal use for the
two existing residences on the property, as there is no record of a
Conditional Use Permit for the guest house or caretaker house.
The caretaker unit is currently occupied by a caretaker and the
quest cabin as the summer house has served the fami ly as a summer residence
for the family and guest visitors, but has no heat or air-conditioning.
Applicant had advised that she and her children stayed there when she
visited her parents. Applicant does not plan to raze either one of the
structures but plans to continue to use them and would at some point like
to do some repairs to both structures.
Mr. Cooperman, the applicant's architect, is in the process or
preparing plans for Mrs. Higgins new residence structure. The applicant
does not wish to proceed with new plans until tt-e issue of the quest and
caretaker units is resolved.
Zoning File 01299
June 16, 1988
Page 2 of 3
The caretaker residence appears to meet the required 35' setback from
the street and 10' separation setback from the existing storage building.
The guest cabin appears to be no more than 2' from the side lot line.
Applicant should be advised that any major structural repairs or additions
or second story additions to the guest cabin located within the 10'
substandard side setback area would require a variance review.
The property easily satisfies the area standard for 3 residential
units providing 3.65 acres (3 units = 3 acres' As for a required lot
widto, it is difficult to deal with a lot width standard when we are
dealing with existing structures. Condition of said structures and basic
design of the structures suggest an accessory supportive use to a principal
structure and ise. Applicant would be well advised that when relocating
the new crincipal structure that care be given for a protential subdivision
at some time in the future. Remember Lot 5 was a single separate lot and
was acquired after the other lots were bought as one unit.
Tne property has 300+ feet ;long the shoreline of Crystal Bay and can
easily satisfiy a new residential unit at the 140' width standard.
On July 20, 1976, the City issued a general permit for 3 separate
sewer connections to the 3 existing residential units ar( 3 SAC: charges
were also collected with the connection fee.
Applicant shall also be advised that at the time of the building
permit application that the City will ask for an inventor f existing and
proposed new hardcover. Applicant should be made aware t the Norenberg
Channel is considered part of the main lake of Lake Minnetonka and that the
75' setback area is also measured along the channel area. Review Exhibit
E, there is approximatley 1.25 acres of lands involved in the lakeshore
protected area. This would leave apEroximately 2.4 acres or 104,544 s.f.
of area in the 75-250' setback area that would allow 26,136 s.f. + of
hardcover for the total proporty.
STAFF RECOMMENDATION
To approve Conditional Use Permit application of Nancyu Higgins that
would formally recognize the existing caretaker unit and guest cabin that
serve as an accessory use to the principal residence located at 3017 North
Shore Drive, based on the following findings:
1. The caretaker unit use has existed on the property since the mica
30's and the guest cal)ir use since 1941. Both guest cabin and
caretaker residence V;6ve served the existing principal residence since
that time.
2. In 1976 the City issued separate sewer connection permits and
charged ineividual SAC fees for the 3 residential units.
3. Lot 5 with guest cabin was purchased by t►.e previous ownei s 5
years after the purchase of the principal residence and caretaker
lots in 1936. The City has issued permits for the repair of eAch
Zoning File 01299
June 16, 1988
Page 3 of 3
structure and can be confirmed in the files of the City for the past
30 years.
Approval is subject to the following conditions:
1. The caretaker unit is not approved for rental use but for the
exclusive use of caretaker or hired help of the owners of the
property.
2. The guest cabin shall be for the exclusive use of the members of
the family of the owner of the prioncipal residence and is not
approved for rental use.
3. All new construction on the property shall be subject to the
ordinances of the City that govern the development of lakeshore
property.
Additional Cosrnts and Lcomm*ndation -
July 6, 1988
Planning Commission had no additional comments to make regarding the
Higgins' application and moved to adopt the staff approving recommendation.
The enclosed resolution has been drafted per the recommendation noted
above.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 3 (A)
FILE #1299
WHEREAS, Nancy Higgins (hereinafter "the applicant") is the owne.
of the property located at 3017 North Shore Drive within the City of Oron,
(hereinafter "City") and legally described as Lots 5, 6, 7, 8, 9 and 10,
vacated alley, all in CORONADO BEACH, according to the rPcor::ed plat
thereof, Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, the applicant has applied to tha City of Orono for a
Conditional Use Permit to formally recognize an existing caretaker unit and
summer guest cabin that serve as accessory uses to the existing principal
residence located on a single lot so that applicant may obtain a building
permit for the total replacement of the existing principal structure per
Municipal Zoning Code Section 10.24, Subdivision 2 (A).
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 01299.
2. The property is located in the LR-lB Single Family Lakeshore
Residential Zoning District requiring a minimum of one acre per
residential unit. The property consists of 3.65 sores in area.
3. On June 20, 1988, the Orono Planning Commission reviewed the
apnlication as proposed and recommended approval based on the
following findings:
a) The caretaker unit has existed on the property since t mid
1930's and the quest cabin use since 1941 when the property was
acquired by applicant's parents. Both guest cabin and
caretaker's residence have served the existing residence since
that timF.
b) In 1976, the City issued separate sewer connection permits
and charged individual SAC fees for the three residential units.
c) Lot 5 with guest cabin was purchased by the previous owners
five years after the purchase of the principal residence and
caretaker lot in 1916.
Paqe 1 of 4
(-lit y Of ORONO
RESOLUTION OF THE CITY COUNCIL_
NO
d) The City has issued permits for the repair of each structure
and can be confir.-mod in the files of the City for the last 30
years.
4. "'he City Council has considered this application including the
fin, .ngs and recommendations of the Planning Commission, reports by
st of f and comments of the al.p 1 icant and the of feet of the proposed use
on the health, safety and welfare of the community.
5. The City Council finds that granting a Conditional Use Permit that
would formally recognize the existing caretaker and summer cabin use
on the property 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 wil l be in keel:ine,, with the intent and
obj,tctives of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a Conditional Use Per.nit per Municipal Zoning Code
Section 10.24, Subdivision 3 (A) that would formally recognize the existing
caretaker unit and summer guest caLin on the property so that applicant
will be allowed to reconstruct a new principal residence on the property,
rjbject tc the following conditions:
1. The caretaker unit is not approved for rental use, but for the
exclusive use of caretaker or hired help of the owners of the
property.
2. The guest cabin shall be for the exc 1 usi,.a use of the members o:
the family of the owner of the principal residence and is not approved
for rental uso.
3. All new construction shall be subject to the ordinances of the
City that govern the development of lakeshore property.
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 granted herein, and
shall be punishable as a misdemeanor.
I The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Adopted by the Orono City Council on this llth day of July, 1988.
ATTROT:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Property owner(s)
ft"3of4
CITY OF ORONO - GBNl ,•LA OSH APPLICATff6*
------------------------------ -----------------
PROPERTY LOCATION
Site Address 3017 N. Shore Drive, Orono, Minnesota
Property Identification Number (P.I.D. ) 09-117-23320002
Please check one - Property X abstract or torrens?
(for Conditional Use Appl—ications only)
Please attach legal description to application if not includedl
on required survey. -;7i
APPLICANT ---------------------------------Phone ( home) 938-4-79fr-0a'i:�--------
Name Nancy Higgins Phone "M1471-9,8 Summgr Rejt)..�c;
RR A'
Lit
Address 201 Homedale Road City Hopkins - Z.lp, 9�4a^= T.-:�j
-------------------�.:.:-t
OMNER (if different than applicant) Phone (home)
Name
Phone
Address City Zip
Date Property AcquiredS;,_ (month/year )
I (do) (do not) also own the adjacent parcels of land. f
--------- ------------------------------------------------------------------
FEES - CONDITIONAL USE PERMITS -
Renewal Fee - 1/2 Current Fee
After -the -Fact Fee - Double Current Application Fee
X $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 Comr:r:r.cial 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 LR-1R
Present Use of Property X Residential
other (specify)
---------------------------------------------------------------------------
DESCRIPTION OF RBQUEST
Describe request in detail: Conditional Use Permit For
Caretakers And Sumner House(See Attached
---------------------------------------------------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form.
2. Certified Property Owners List of owners within 350' (you can obtain
this list from Hennepin Count, Department of Finance A-603 Government
Center 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. d
Applicant's signature Date 1 10/1 " 8a
0N0ER8 SIGNATURIK
The owner hereby acknowledges and agrees to this application and further
authorized reasonable entry onto the property by City staff, consultants,
agents, commission members, and Council members for purposes of
investigation and verification of this request. C c
Owner's signature Date .S -7 D �7
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on tc.3
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 i Zoning
Office of this change prior to the meeting.
RUN DATE 05/26/88
BATCH 007
38 09-117-23 24 0001
PROP ADDR 02865 NORTH SHORE OR
OWNER NAME HENN CO PARK RESERVE DIST
TAXPAYER HENN CO PARK RESERVE DIST
NAME/ADDR RTE 1 BOX 2 %
MAPLE PLAIN MN 55359
38 09-117-23 32 0003
PPOP ADDR 03020 NORTH SHORE OR
OWNER NAME J R i K C SWENSON
TAXPAYER JACK. R SWENSON
NAME/ADDR 3020 NORTH SHORE DRIVE
WAYZATA MN 55391
38 09-117-23 32 0015
PROP ADDR 03085 NORTH SHORE OR
OWNER NAME BERTIL E OLSON
TAXPAYER BERTIL OLSON
NAME/ADDR 2420 HENNEPIN AVE
MPLS MN 55405
38 09-117-23 32 0020
PROP ADDR 03070 NORTH SHORE DR
01:4ER NAME 5 i J WEINER
TAXPAYER STANFORD A WEINEV
NAME/ADDR 3070 NORTH SHOPt OR
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 09-117-23 32 0001
03065 NORTH SHORE DR
G V GROOMS ETAL
GEO V GROOY.S
3065 NORTH SHORE CR
WAYZATA MN 55391
38 09-117-23 32 0004
03048 NCRTH SHORE OR
D R PETERSON i K I PETERSON
DONALD R A KAY I PETERSON
3048 NORTH SHORE OR
WAYZATA MN 55391
38 09-117-23 32 0017
03060 NORTH SHORE OR
0 BROOERSEN ETAL
DUANE BROOERSEN
3060 NORTH SHORE DR
WAYZATA MN rs ".:
TOTAL BATCH 007 00010
REPORT NO. PI435401
PAGE 18
38 09-117-23 32 0002
03017 NORTH SHORE DR
HELEN D RO—
HELEN DEAVEW ROSS
C/O lST NATL BK OF MPLS
P 0 BOX A700
MPLS MN 55480
38 09-117-23 32 0014
03095 NORTH SHORE OR
RUSSELL C HEDLUND A WIFE
RUSSELL C HEDLUND
97 WOODLAND CIRCLE
MPLS MN 55424
38 09-117-23 32 0019
03080 NORTH SHORE DR
L V i J H REARDON
LAURENCE V REARDON
3080 NORTH SHORE DR
WAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TA"TION, TO Jj BEST
OF MY KNOWLEDGE AND BELIEF. /I /) _._n �'
DATE" % �'✓BY
D
40
DAMES M _ _
AND ASSOCIATES ARCHRECTS INC
98W SheIAM Parkway . Mumeaodis. Mumesota 5
612, 5A5-0409, �� ��.�✓
1 fi \ ,c
May 27, 1988
Jeanne Mabuth
Zoning Director
City of Orono
Orono, Minn.
Dear Jeanne:
Nancy Higgins parents, Mr and Mrs. James Ross, purchased the residence
and caretakers house at 3017 N. Shore Drive, Orono in 1936 and purchased
the summer house and the garage in 1941. They remodeled the main
residence in 1937, and became permanent residents that same year. From
that time until the deaths of Mr. and Mrs. Ross, the property has been
used as their main residence and a permanent caretaker residence, and
the summer house was used by the immediate family.
The summer house is a cottage type dwelling without heat or air conditioning.
The main house has reached a point of deterioration and is in need of
structural repairs to the interior and exterior. Nancy Higgins, heir and
now owner wishes at this time to demolish the existing residence and
construct a new residence located in the same area as the existing one.
Therefore, she is requesting permission from the City of Orono to obtain
a building permit for the construction of this residence. The intention
of Nancy Higgins family is to continue living on this property in the
same manner.
Very truly yours,
JAMES M. COOPERMAN b ASSOCIATES
ARCHITECTS
(fp�f
ian
C/dk
MEMBER OF THE AMfR1CAN INSTITUTE Of ARC"TECTS
r •
s
SEC.
4
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32 31 ����
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ILEW
CERTIFICATF.
Ali
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
r" r
From: Jeanne A. Mabusth, Building & Zoning Administ'rattil�J
Date: July 8, 1988
Subject: i1103 Howard F. Eisinger, 3245 Wayzata Boulevard -
Request to Extend Conditional Use Permit - Resolation t2192
Section 10.09, Subdivision 8 Conditional Uses: Lapse of Permit. A
conditional use permit shall lapse one year following the date on
which it became effective, unless prior to that time a building permit
is issued by the Building Inspector and construction is commenced and
pursued toward completion on the site which was the subject of the
conditional use permit application. A conditional use permit may he
renewed for an additional period of one year provided that the request
be filed prior to the expiration of one year from the date when the
use permit is filed with the Zoning Administrator. The Council may
grant or deny an application for renewal of a conditional use permit.
List of Bxhibits
Exhibit A - Eisinger's Letter Dated June 27, 1988
Exhibit B - US Fidelity and Guaranty's Letter Dated July 1, 1988
Exhibit C - Staff's Letter Dated July 5, 1988
Exhibit D - Resolution No. 2192
The City is in receipt of a letter from Howard Eisinger dated June
27th, 1988 requesting an extension of conditional use permit, Resolution
No. 2192, reviewed wy the City as Application #1103. Mr.. Eisinger's
application involved extensive filling of his property. Fill was to be
obtained from the I-394 improvements. Park Construction Company was to
conduct the filling and grading activities. It was Park Construction
Company that provided the required bond to assure completion of the project
once begun, or at least the final grading and seeding if the filling could
not be completed.
On July 5th, 1988, the City received a letter from the bonding company
asking for the City to release the bond. Staff advised the bonding company
of Mr. Eisinger's recent request and that staff would be presenting Mr.
Eisinger's request before the Council at their July llth, 1988 meeting.
In reviewing Resolution No. 2192, there appeared to be no change from
the normal conditions of approval that would establish a specific
expiration date, one year from the date of Council approval. Section
10.09, Subdivision 8 of the Conditional Use Permit Code states that the
applicant must file a request for extension prior to the expiration date.
Mr. Eisinger may have called staff to ask about potential of an extension,
uut staff cannot recall anything specific at this point. Ir staff was
contacted, staff would have ha. to advise the applicant to make a formal
request for an extension in writing irior to the expiration date.
Zoning File #1103
July 8, 1988
Page 2 of 2
If Council considers extending the duration of Resolution No. 2192,
staff would recommend that Park Construction provide a written statement
confirming that they would agree to the original conditions of Resolution
No. 2192 and that they would agree to an extension of the bond for the
appropriate period of time. Council may also wish certain conditions of
Resolution No. 2192 amended with this request to extend the conditional use
permit. For example, Council may limit the period of filling to no more
than two months. Staff would site the example of the berm being installed
on County Road 6 that seems to be taking years to complete. Staff would
suggest that if the filling project is begun in the summer of this year,
the conditional use permit need be extended just to October 31, 1988.
if the applicant wishes to extend the deadline beyond October 31,
1988, staff would advise that Mr. Eisinger file for a formal renewal
conditional use permit.
Options of Action Available to Council -
A. To deny Mr. Eisinger's request to extend conditional use permit,
Resolution No. 2192.
B. To approve Mr. Eisinger's request to extend conditional use
permit, Resolution No. 2192, asking staff to provide an appropriate
resolution that would limit the extension to October 31st, 1988,
subject also to the approval of Park Construction Company. Park
Construction Company would also have to provide proof to the City that
they would support the extension of the required bond through October
31, 1988. Mr. Eisirger must be advised that the City will approve of
no extensive filling project under the simple extension of the
original conditional use permit that would last moil than a 30-60 day
period of time.
C. To advise applicant to file a renewal conditional use permit
application.
ys'CtJ°��
7vrD
UNITED STATES FIDELITY AND GUARANTY COMPANY
SUITE 1101. 800 MAROUETTE AVENUE
MINNEAPOLIS, MINN 8540;
TELEPHONE 6IZ341.4541 I �. __ _ _ ,N
JOHN G LISKA. CPCU, MANAGED i 1•', 1
E A EVFNSON. ASST MANAGED f
t1�
July 1, 1988 `UL 5 �i
City of Orono
P.O. Box 66--.�..._
Crystal Bay, Mil 55323
SUBJECT: Park Construction Company
Fridley, Minnesota
$39,000 Conditional Use Permit Bond
USF&G Bond No. 117-0120-12416-87-2
(0130)
Ladies and ;entlemen:
Your records will indicate that we are servin7, as surety on the
captioned bond which became effective on July 30, 1987 We now
desire to terminat,a the cautioned bond as of July 30,
We are giving you 30 days written notice of our desire to cancel
the captioned bond for Park Construction Company
We would appreciate receivinv an acknowledgement of this cancellation.
Therefore, we are enclosing a pre -addressed, postage prepaid envelope
for your convenience in replyinE-.
Thank you.
Best/Regards .
Kathy E.✓Wright
Fidelity -Surety Dept.
KE'W : kw
cc: Givens & Associates
Mpls. , M1
MIRLS 151.3 77-
--t- V'� — I I -' �
CITY of ORONO
Post Office Box 666Crystal Bay, Minnesota 55323*Municipal 011k=
On the North Shore of Lake Minnetonka
July 5, 1988
United States Fidelity and Guaranty Company
Suite 1101, 800 Marquette Avenue
Minneapolis, MN 55402
Attn: Kathy E. Wright
Fidelity -Surety Dept.
Dear Ms. Wright:
In regard to your letter of July 1, 1988 concerning the bond
for Park Construction Company (bond 147-0120-12416-87-2), please
be advised that the owner of the property involved in the
proposed fill project by Park Construction Company has asked for
an extension. If the City is to grant an extension of a
conditional use permit, the City would also have to ask that the
duration of the bond Le extended for an agreed upon period. It
should also be noted that the fill project has not commenced as
of this date.
Mr. F.isinger's request will be presented to the Orono
Council at their July 11, 1988 meeting. Please advise my office
if there will be a problem with requesting an extension of this
bond.
Sincerely,
I0.k_ 0
Je . Mabusth.
Building 6 Zoning Administrator
JAM/ jb
cc: Howard Eisinger, 3245 WAyzata Blvd., Long Lake, MN 55356
Thomas Kuehn
KUILnING A ZON114G 473 7 vi 7 • ADMINISTRATION K ►INAP40 - 40 `138 • r11K X MARKS - 471.7369
A3St;W1NG
J,
5395190
City of ORONO
RESOLOTION OF THE CITY COUNCIL
NO, 2192
A RESOLUTION GRANTING
A CONDTIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISIO"`' 19 i 20
FILE f1103
WHRREAS, Howard F. Eisinger (hereinafter "the applicant") is
the owner of properties located at 3245 Wayzata Boulevard within the
City of Orono (hereinafter "City") and legally described as follows:
(P.I.D. 32-18-23 1.4 0002) Section 32, Township 118, Range 23,
Commencing at a point in the East line of Government Lot 1
distance 393.24 feet South along said line from the South line of
State Highway No. 12 thence at right angles West from said East
line 418 feet thence at right angles North 393.02 feet to South
line of highway thence West along said highway line to lest line
of said Lot 1 thence South along said West line to Northerly line
of Great Northern Railroad right-of-way thence Southeasterly
along said right-of-way line to East line of Lot 1 thence North
to beginning.
WHEREAS, the applicant has applied to the City of Orono for
a Conditional Use Permit to permit filling of 100,000 cubic yards of
clean fill over a former dump site of approximately 12 acres in area
per Municipal Zoning Code Section 10.03, Subdivision 19 6 20. Fill
shall be placed such that the average height of fill is maintained at
five feet. Filling shall take place 35 feet in from the adjacent
wetlands at the 972 elevation.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Counci l of Orono,
FINDI14W
1. This application was reviewed as Zoning File #1103.
2. The property is located in they RR-113, Rural Residential
Zoning District.
3. On April 20, 1997, the Orono Planning Coannission reviewed
this application as proposed and recommended unanimous approval
of the application as amended based on the following findings:
Page 1 of 5
City of ORONO
RESOLUTION Or THE CITY COJMCIL
NO. 2192
The Department of Natural Resources, Minnesota Pollution
trol Agency, Hennepin County Department of Environment
and Energy, Hennepin Conservation District, and Minnehaha
Cre0- Watershed District find that the application as
proposed will have no negative impact_ on the surrounding
wetlands or intersecting drainageway.
b) The adjacent property owners have been advised of the
applicant's proposal and none have voiced objection or
submitted written opposition to the City.
c) The application as modified by the Planning Commission
will not be detrimental to the public health, saf-�`y or
welfare, or materially injurious to properties or
i.nprovements in the vicinity.
4. Braun Engineering in a letter dated May 28, 1987 has opined as
follc.4s regarding the placement of approximately 100,000 cubic
yards of fill over a former dump site:
"... it is our opinion that the addition of 5 feet of fill
over the area presents a very slight risk of enbankment
failure."
5. The City Council has considered this application including
the findings and reccmmendations of the Planning Commission,
reports by staff and comments of the applicant and the effect of
the proposeu' use on the health, safety and welfare of the
community.
6. The City Council finds that granting a Conditional Use Permit
to allow the filling of 100,;00 cubic yards of clean fill within
the area as defined by the Orono staf f will not be det rimenta 1 to
the health, safety or general ,-elfare 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 proporty will be in keeping with the intent and objectives rf
the Zon,_ng Code and Comprehensive Pla:i of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Base-f upon
one or more of
the findings noted
above, the
Ooro City Council
hereby grants
a Conditional Use
Permit per
Municipal Zoning Co0e
Section 10.03,
Su'Aivisionb 19 a 20
to permit
the placing of 100,000
cubic yards of
fill with n an area
approved by
the Orono •:a:#, subi-tct
to the fallowing conditions:
Page 2 of 5
City of OR()NO
RESOWTION OF THE CITY COUNCIL
NO.
1. Prior to the hauling of fill to the site the applicant or
applicant's agent must submit the following:
a) Six cross sections of existing topography.
b) Final grading and Erosion Control plan designating the
following:
1) Side slopes 5:1.
2) One percent slope to be maintained within inner Fill
area.
3) ;gilt fence installed 30 to 35 feet from wetland at
972 elevation - no land alterations allowed within 26
feet of wetland.
4) Average height of fill to be maintained at 5 feet.
5) Monitoring plates to be installed as required by
the City Engineer.
c) Executed Developer's Agreement and appropriate secur4_ty
to insure final grading and seeding if fill project is not
completed. Letter of Credit mustbe written for 150 percent
of the estimated cost of the improvement.
2. Fill shall not exceed allowed amount of 100,000 cubic yards.
Side slopes shall be seeded as soon as 5:1 slope ratio has been
realized.
3. Park Construction shall be responsible for advising the City
of monthly schedule of hauling activities so that staff can
arrange an approximate inspection schedule for each month. Prior
to hauling any fill to the site Park Construction must arrange
for a preconstruction meeting with the Orono staff to review all
final submittals and tentative hauling schedule.
4. Park Construction shall cease all hauling to the site upon
evidence of shearing and/or other signs of instability created by
filling over the former dump site. Applicant shall not proceed
with hauling until the City Engineer has had adequate time to
review the evidence and submit a written report to t.,e Council
for their review and action. If Council determines that it is in
the public interest to cease all hauling to the site, this
conditional use permit shall be terminated immedia-ely and the
applicant shall complete the final qrading and seeding of the
entire disturbed area.
5. Authoritieb granted by this resolution run with the prooerty
not with the owner, 'out are permissive only and must be completed
within one year of the date of Council approval or the special
conditions of this resolution will expire on that date (June 8,
1988).
Page 3 of 5
City Of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2192
6. Violation of or non-compliance with any of the terms and
conditions of this, resolution shall constitute a vic:ation of the
Zoning Code, shall automatically terminate any aut�io:ity granted
herein, and shall be punishable as a misdemeanor.
7. The undersigned owner has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his
heirs, successors and assigns, hereby agzees to t1- -cording of
this resulution in the chain of title of the proT
Adopted,by the Orono City Council on this b,.., day of June,
1987.
ATT T : r
D thy,M. 1 n, City Clerk Ja�sR. Grab6k, Mayor
Property owner(s)
9
Page 4 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 219)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this llth day of June I 198Z
before me a Notary Public within and for said county, personally
appeared Howard F. & Ruth O FiSin-r 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.
THOM" L NAAO `(
WN NNEAW , Ij COUNT OTA j
MY oonvnkie n e■� ///777
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
9/8/92
MY COMMISSION EXPIRES
d
On this day of , 198, before me
a Notary Public within and for said County, personally appeared
known to me to be the
persons 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
Page 5 of 5
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution 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 June 8 , 1987 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
day of une 1987
POPHAM, HAIK,SCHNOBRICH & KAUFMAN, LTD.
3300 PIPER JAFFRAY TOWER
WAY.( O.POPNAM
HOWARD OAM M CPS.III
PAYMONO A. MAIM
LARR♦ D,[S►[L
ROOER W.SCHNOORICH
JANIE a.MAYERON
DCNV(P KAU/MAN
THOMAS J.SARP[TT
ROOERT A. MIN ISM
J^MCs A.PAYNE
ROLI( A.WOODCN
DAVID A.JONCS
D.MARC WHIT(HEAO
L[( (.SHCENY
ORUCC O.WILLIS
ALAIN /RCCON
IR(OCOICK S. RICHARDS
PATRICIA A. JCNOCH
0.ROSE PT JONN&ON
L[OLIC OILLETTC
O^RY R.MACOMO[P
MICHAEL T. MILAN
ROOCRY O.OURK
ROO(RT H. LYNN
P.O. V. PLUNKETT, III
THOMAS M, S.PRING
/RCDCRICK C.BROWN
ROO(RT C. MOILAN(N
THOMAS K. SERO
THOMAS F. NELSON
JAMCS R.OYCILCN
THOMAS J. 0A010
JAMS O. LOCKHART
DAVID L.HASHMALL
ALL(N W. HINO(RAKER
KAT.LCCN M.MAPTIN
CLI►FORD M.OR((N(
JOHN C.CHILOS
O. WILLIAM KAU/MAN
DOUGLAS •. SCATON
MICHAEL 0.IR(CMAN
THOMAS C.SANN(R
Ms. Jeanne Mabusth
City of Orono
P.O. Box 66
Crystal Ray, MN 55323
Dear Jeanne:
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE
612 - 3 3 3 -4SOO
TELECOPIEP
O12-234-2713
RICHARD A. KAPLAN
JE►/RCY ►,CA-PI'S
ORUC[
LOUI& P. SMITH
OAR♦ O. BLACK/ONO
/RANCIS J. CONNOLLY
s U1TE 2400
SCOTT E. RICHTER
•PVC( H. LITTLE
1200 SEVENTEENTH STREET
PAUL J. LINSTROTH
MARK F. PALMA
DENVER, COLORADO 80202
SCOTT ^.SMITH
RUSSCLL S.PON[SSA
TELEPHONE 303-693-1200
[LIZ^OCTH A.THOMPSON
SRYAN L.CRAW►ORD
TELECOPI(R 303-893-2194
KEITH J.NALL(L^NO
DAVID K.RYDEN
MARK O.P(T(PsON
MATTMEW E. DAMON
SUITE 300 SOUTH
D. RANDALL OOYER
JOHN W.PROVO
1000 M STREET. N. W.
ORIAN N. JOHNSON
OREOONv O. OROOK(R
WASHINGTON, D. C. 20036
TIMOTHY W. KUCK
WILLIAM M. OJIL[, JR.
TELEPHONE 202-92S-5300
CAROL O. SWANSON
T[ PRANCE A. COSTCLLO
TELECOPIER 202-e26-5314
ORUCE A. P(TEPSON
JOSCON 0. VASS
DIRECT DIAL NUMBER
JULIC A. OW(ITZCR
SPIAN W. OMM
THOMAS C. MI(L[NHAUSCN
STEVEN A. CN(LCSNIK
334-2549
KATHLEEN ^.SL^T(
oPZOOPT O .SG01T
M.CHAEL D.CH RIGTICNSON
SHARON N. /UILM(R
[�
August 28, 1987
J. MICHAEL SCHW^PT:
L^RAY[ ..OSBORN&
O. COUHS[L
TODO M.JONNSON
/RED L.MORPISON
The enclosed resolutions have been fil
property and have been returned:
PI AUG 3 I IS87
I
i
in a 9trac
Name
Resol. No.
Doc. No.
Date Filed
Baszucki
2175
5307191
8/3/87
Cici
2075
5304023
7/27/87
Cook
2037
5304022
7/27/87
Eisinger
'"On i
5305190
7/29/87
Ericson/Rizzolo
2030
5307194
8/3/87
Hibbs
2121
5307185
8/3/87
Johnson
2168
5305192
7/29/87
Massopoust/Longridge
2078
5307187
8/3/97
Mortenson
1734
5307192
8/3/87
Peterson/Fritzler
2177
5305193
7/29/87
Ragatz
2154
5307189
8/3/87
Rinehart
2077
5304021
7/28/87
Schafer
2132
5307186
8/3/87
Ulku
1659
5307188
8/3/87
Ulrich
2098
5307193
8/3/87
VanEeckhout Bldg. Corp.
2117
5307190
8/3/87
Wear
2073
5304020
7/28/87
Zitzloff/Grace Baptist
2099
5305194
7/29/87
7ullo
2155
5305191
7/29/87
If. you have any
questions, please
feel free to
call either
me or my secretary,
Joyce Pedersen At
334-2736.
Very truly
yours, ,
Nancy E. Husnik
Legal Assistant
NEH/jlp/3228
Enclosures
COUNCIL. I EETi4 to
TO: Mayor Grabek and Council FROM: John R. Gerhardson, Public Works b1irdct& ?y
DATE: July 6, 1988
SOW: Change Order N1 - Woodhill Avenue
On June 27, 1988 Council approved the reconstruction of Woodhill
Avenue.
Because of the time difference between opening bids for the
project and the award date, it is necessary to extend the
completeion date of the project from August 12, 1988 to September
16, 1988.
Attached for review and approval is the change order which
requires the Mayor and City Clerk approval.
Recommendation - To approve Change Order #1 - Woodhill Avenue
completion date from August 12, 1988 to September 16, 1988.
PROPOSED MOTION moved, seconded, to approve Change Order
#1 - Woodhill Avenue project completion date from August 12, 1988
to September 16, 1988. Ayes _, Nays _
CHANGE ORDER
DATE: July S. 1988
PLACE: Orono, Minnesota FILE 110: 13934
PROJECT: Woodhill Avenue
PROJECT NO.: 88-1
CONTRACTOR: Hardrives, Inc., 7200 Hemlock Lane, Maple Grove, MN 55369
CHANGE ORDER NO: 1
DESCRIPTION OF WORK:
This Change Order provides for extending the specified completion date of August 12, 1988 to
September 16. 1988. This change is necessary because tht- award of the project was June 27,
1988.
Est'd Total
Change Order Item Unit Price Quantity Amount
Change in completion date only
Total This Change Order No. I.........
Original Contract Amount
Previous Change Orders
THIS CHANGE ORDER NO. i
REVISED CONTRACT AMOUNT ...........
Approved by: City of Orono
By
By
Date
CO13934
Mayor
Clerk
$0.00
$36,991.50
0.00
0.00
$36,991.50
Recommended for Approval by:
BONESTR00, ROSENE, NDERLIK. 6
A`'SOCkATES, INC.
By
��
Approved by: Harr .es, Inc.
By_ _
Distribution
1 - City
2 - Contractor
1 - Engineer
lel
TO: Mayor Grabek & City Council Members
FROM: Mark Bernhardson, City Administrator
DATE: July 5, 1988
SUBJECT: Orono/Long Lake Discussions
Attachment: A. Vandevegte Letter (to be submitted at meeting)
B. City of Orono Letter Dated 06/23/88
ISSUE - Providing information to Council regarding the status of proposed
discussions between Long Lake and the City of Orono.
INTRODUCTION - The City Attorney for the City of Long Lake proposed a list
of retired judges to act as mediator facilitators between the two cities.
The City responded with the list contained in Attachment B indicating that
these people may be more appropriate for such purposes.
DISCUSSION - In a telephone call I had with Arlo Vandevegte during the week
of June 27th, he had indicated that he would be recommending utilization of
GTS for the mediator selection to his Council at their July 5th meeting.
He additionally indicated that to the extent that the legal issue involved
may exceed the capability of that mediator, perhaps one of his retired
judges be allowed to be brought in to help facilitate the matter. I
indicated that as an alternative to the judges, either persons from the
mediation center, which is an off -shoot of the Hennepin County Bar, or Dean
Nyquist Brooklyn Center, who is an attorney, may be more appropriate than
the retired judges.
ALTERNATIVES -
1. Accept the information.
2. Accept, directing staff to work on setting up the meeting.
3. Table.
RECOMMENDATION - It is recommended that the Council direct staff to
establish an initial meeting between these two cities using the GTS as the
facilitator.
PROPOSED MOTION - Moved by _, seconded by _, that the Council direct
staff to work with the City of Long Lake to establish the initial meeting
between these two cities using the Government Training Service mediators to
facilitate the meeting. Ayes , nays
June 23, 1988
Arlo Vande Vegte
P.O. Box 39
Long Lake, MN 55356
Subject: Facilitator/Mediator Selection
Dea.- Arlo,
Thank you very much for your letter listing four names of
individuals who you felt might be qualified as a facilitator for
the joint meetings for Long Lake and Orono. Having had an
opportunity to reflect on the type of facilitator desired, it is
my 1:eeling that there may be others that would better provide a
role of helping the two communities find a common ground working
in that manner to mediate the situation. It is anticipated that
a retired Judge who is generally accustom to hearing arguments on
both sides and then coming up with a decision or recommendation,
may not be as appropriate. You have indicated the types of
presentation you envision would include legal arguments and
perhaps certain retired Judges may not be sensitive to issues
other than legal related to such a facilitation.
Listed below are individuals who you may desire to contact
and perhaps discuss their background and approach to get a better
feel for the types of facilitator/mediator that would be more in
line with an individual who could best facilitate a joint
meeting. it should be noted that in the cases of organizations
they may utilize an individual apart from the contact listed.
The list is as follows:
Mediation Center
Contact: Barb McAdoo
Suite 445 North
1821 University Avenue
St. Paul, MN 55104
644-1453
Dean Nyquist
Mayor/Brooklyn Center
Attorney/Mediator
Office 551-7272
Government Training Service
Contact: Mary Sabatki
Suite 202
Minnesota Building
46 Fast Fourth Street
St. Paul, MN 55101
222-7407
John Bryson, Professor
Hubert H. Humphrey Institute
University of Minnesota
Minneapolis, MN 55455
625-5888
Arlo Vande Vegte
,Tune 23, 1988
Page 2
Lyle Sumek
Lyle Sumek Associates
Boulder, Colorado
office 303-442-1650
Please feel free to contact me once you have had an
opportunity to review this list and we can discuss this matter
further. Enclosed please find material regarding three of the
organizations listed. When I receive the Sumek proposal I will
forward.
Thank you very much for your considered attention to this
matter.
Sincerely,
Mary. E. Bernhardson
City Administrator
MEB/dh
CC: Mayor and City Council
ARLO H. VAN DE VEGTE, PA.
ATTORNEY AND COUNSELOR AT LAW 6 1 2- 4 7 S- 2 2 1 9
SOSO W WAYZATA BOUL[VARO
► O. Box 79
LONG LAIC[. MINN[SOTA 59354
June 3, 1988
Mr. Mark Bernhardson
City Administrator
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
RE: Submission of names for proposed mediator
Dear Mark:
As per our telephone conversation of June 3, 1988, I am herewith submitting
a list of four names for your consideration as a possible mediator dealing with
the Highway 12 and annexation issues between Long Lake and Orono. As you know,
I am submitting a list of retired Hennepin County District Court judges. fly
reason for doing so is because of their judicial experience and their reputations
for impartiality. I believe that their judicial experience will give them an
insight into the issues as well as a very broad background in faciliating
negotiations and effecting settlements in hotly contested situations. I firmly
believe that this is the kind of experience and objectivity we are going to need.
Accordingly, I submit for your consideration the following names (not in
order of any priority):
1. Hon. Herbert Wollner;
2. Hon. Stanley D. Kane;
3. Ilon. Bruce C. Stone; and
4. Hon. Neil A Riley.
I would appreciate receiving your list of four proposed narws at your
earliest convenience. Then, we can again talk with regard to selection of an
appropriate mediator.
Thank you for your consideration and I extend my best personal regards.
VCry tr ly yours, ,.
Arlo H. Vande Vegte
AVV/ j 1 h
ARLO H. VANDE VEGTE, PA.
ATTORNEY AND COUNSELOR AT LAW 6 1 2 A 7 S- 2 2 1 9
J&j
July 7, 1988
Hark Bernhardson
City Administrator
City of Orono
P.O. Box 66
Crystel Bay, MN 55323
RE: Long Lake/Orono Mediation
Dear Hark:
`550 W WAYZATA BOULEVAAO
r 0 Box 7•
LONG LAKE. MINNE/OTA 65390
As per our recent telephone discussions I am writing this letter to advise
you that I have been authorized by the City Council to accept the Government
Training Service and its designee, Barbara S. Arney, as the mediator for the
issues currently pending between our respective municipalities.
I will look forward to hearing from you upon your return from vacation
to confirm Orono's agreement to use the services of Ms. Arney and to discuss
implementation of tho mediation process. Thank you for your cooperation.
Very trujy-yours,
/G. u
Arfo H. Vande Vegte
AVV/jlh
7588.1
TO: Mayor Grabek & City Council Members
FROM: Mark Bernhardson, City Administrator
DATE: July 5, 198B
SUBJECT: Council Candidate Interviews
Attachment: A. Edward C. Brown, III Letter
B. Jim Dillman Letter
C. James H. Gilbert Letter
D. John M. Hollander Letter
E. Charles Kelley
F. Alan R. Nettles Letter
G. Charles D. Nolan, Jr. Letter
H. Alexander G. Vongries Letter
I. Sample Letter Sent to Candidates
J. May 9th Memo to Council
K. June 7th Memo to Council
ISSUES -
1. Holding the interview of the interested candidates.
2. Determination of when a candidate is Lo be selected.
3. Selection of candidate.
4. To the extent that the candidate sel-!ct.ion results in a vacancy on
the Planning Commission, selection of a person for that position.
INTRODUCTION - As the result of the resignation of William Sime, Jr., the
vacancy created has been applied for by eight individuals. Council has
established an interview for the July 11th,1988 meeting.
DISCUSSION - Attachment I outlines to each of the candidates the basis for
the interview which have been set for 8:30 p.m. on Monday, July llth. It
is recommended that that format be used to the extent that each of the
candidates does not address that in their opening remarks.
The Council may choose upon completion of the interviews to either select a
candidate based on the interviews or choose to table the matter until the
July 25th, 1988 meeting.
Council Candidate Interviews
July 5, 1988
Page 2 of 2
ALTERNATIVES -
1. a) Conduct the interviews.
b) Continue interviews until the July 25th meeting.
2. Determination of 6,,, for selection:
a) Select the July llth, 1988 meeting.
b) Table until the July 25th, 1988 meeting.
c) Table to an alternate date.
3. Selection of a candidate.
4. a) Not consider if no vacancy is cr,
b) Selection of an individual to fi .e vacancy.
c) Table until the July 25th meeting
The following individuals previously expressed an interest, but were not
selected, when Sara Moos was selected to the Planning Commission:
a) Dale A. Christensen
b) S �e� hen M. Johnston
c) Lester Kelley
d) Robert L. Minkema
e) Curtis Quady
RECOMMENDATION - It is recommended that following the interviews the
Council select an individual at the July 11th or July 25th Council meeting.
PP0;USED MOTION - Moved by _, seconded by _, that the Council, ng
conducted interviews for the vacancy on the Council, appoints ^ to
fill the balance of the term for this year. Ayes ; nays __
�1 !1
L�1'y1
June 9, 1988
Mayor James R. Grabek
Orono City Council
P.O. Box 66
Crystal Bay, MN 55323
Re: City Council Vacancy
Dear Mayor Grabek and Council Members:
I am very interested in the seat on the City Council being vacated by
Bill Simes. I have lived in Orono since 1977, my children have attended the
Orono Schools since then and I want to help preserve the quality of life in the
area. I also have a strong desire to be involved in community affairs as evi-
denced by the attached resume. Finally, I am concerned about the increased
pressure of all kinds being put on Orono by the development of Highway 394 and
want to be in a position to influence the response of the City to this pressure,
My qualifications for the position are the following: I have been on the
Planning Commission for almost a year now and thus have a good understanding of
City Zoning Ordinances and just how city government works. Other Planning
Commission's members will verify that I am willing to be an advocate for a posi-
tion I feel strongly about and am not afraid to stand behind my opinions. Also,
I have been involved in starting a new business within a large, bureaucratic
organization that has lots of application to city government. Finally, my
resume shows a track record of accomplishment and dedication that I would
bring to my efforts on the City Council.
Best regards,
Edward C. Brown :II
Edward C. Brown
355 North Stubbs Bay Road
Long Lake, MN 55356
Bus.: (612)343-1585
Res.: (612)473-1180
INVESTMENT RANKING EXECUTIVE with broad -based background in nPw Business
development, private placements, equity underwriting, mezzanine investing,
leveraged buyouts and financial advisory services. In-depth experience
covers corporate finance departments in both an investment bank and
commercial bank, with particular strengths in:
. Starting and building an investment banking activity;
• Identifying and solving clients' financial problems;
. Knowledge of the sources for all types of debt and
equity capital;
. Facilitating the completion of complex transactions
. Developing teamwork to achieve a common goal.
An investment banking professional with sound business judgment and a
strong orientation toward generating prof4`s, both for himself and the
enterprise as a whole. A record of supers r academic and military
achievement enhance the strengths noted above.
EMPLOYMENT HISTORY
FIRST BANK SYSTEM, Minneapolis, MN, 1984 to present
Managing Director, Private Placements, FBS Merchant Banking Group
Helped establish this activity for this large regional bank
holding company. Member of the management committee that
directs the activity of the subsidiary and that approves all
investments. Responsible for raising all capital for
transactions that is not provided by the bank, including
making investments in situations where necessary. Involved
in over $1 billion in transactions representing 25
financings since starting the activity and currently oversee
the mezzanine investment function.
DAIN BWWORTH, INC., Minneapolis, MN, 1975-1979 and 1981-1984
Vice President, Corporate Finance Department
Primary responsibilit- was the development of new clients in
Iowa, Southern Minnesota and the Twin Cities, with secondary
responsibility as head of the private placement activity and
senior manager of many public equity underwritings. During
this period I was responsible for 13 private debt placements
and 26 public equity underwritings totaling $625 million and
was the largest revenue producer in 1983.
THE TORO COMPANY, Minneapolis, MN, 1979-1981
Director of Finance, Treasury Department
Primarily responsible for all debt financing for both the
Toro Company and Toro Credit Company. During this period I
was in charge of 8 financings totaling $50 million. Other
responsibilities included directing the corporate lease
program, cash management, profit sharing fund
administration, investor relations and general financial
analysis.
ARfHUR ANDERSEN & CO., Minneapolis, MN, 1973-1975
Staff Accountant, Small Business Division
In charge responsibility for complete audits, tax return
preparation and some financial advisory work for small
business clients of the firm. Obtained CPA Certificate in
1975.
CROWN-ZELLERBACH, San Francisco, CA, 1973
Financial Analyst, Zellerbach Paper subsidiary
MILITARY SERVICE
U. S. Navy, San Diego, CA, 1967-1971
Lieutenant, Underwater Demolition Team II
Made two tours to Vietnam as platoon commander
of an eiqht man combat and diving/demolition team.
Military awards: Presidential Unit Citation and Letters of Commendation
EDUCATION
B. S., Administrative Science
Yale University, New Haven, CT, 1967
M.B.A., Finance, with Distinction
Cornell Graduate School of Business
Class Representative on Student -Faculty Committee
100% Self -Supported
PROFESSIONAL AND COMMUNITY ACTIVITIES
Board of Directors, Opportunities Minnesota (S.B.A. Loan
Company)
Board of Directors, YMCA Ridgedale Branch
Planning Commission, City of Orono
Treasurer, Trinity Episcopal Church, Excelsior, MN
Instructor, Project Business (Division of Junior
Achievement), Bloomington, MN School System
Management Committee, Five:Fifty Five Club, Minneapolis, MN
(dinner club)
PERSONAL
Ht. 5'11 160 lbs.; Born 04/14/45; Married; 2 children; Excellent health.
Hobbies include golf, tennis, jogging, downhill skiing
dune 14, 1988
ORONO CITY COUPlCIL
Jl H 6 !988
I am applying for the vacant City council position, -My -name is j
Jim Dillman and I live at 225 N. Willow Drive. I have been a resident
of Orono for 15 years. I worked for the City of Orono for 7 years
in the public works department and am currently the Public Works
Director for the City of Medina. I am President of the Board of
Directors for the Western Hennepin County Pioneers Association, am
active politically in the area and also active in the Orono schools
with two daughters in the school system.
I feel that together with my 'roots' in Orono and my experience
working in a city, that I would be an asset to the people of Orono
and to the city Council, representing the north/western portion of
the city.
I look forward to hearing from you.
/7dt41�=
Jim Dillman
225 N. Willow Drive
Long Lake, Mn. 5535o
473-8924 - H
473-4643 - W
MAI
June 28, 1988
Orono City Council
City of Orono 12
Box 66
Crystal Bay, MN 55323
Mr. Mark Bernhardson
City of Orono
Box 66
Crystal Bay, MN 55323
Dear Council Members and Mr. Bernhardson:
I recently became aware of the vacancy that will be created on
the Orono City Council effective July 1, 1988. I have also dis-
cussed this opportunity briefly with hark Bernhardson and I am sub-
mitting this letter as a formal application for the vacancy to be
created on the Orono City Council by the resignation of William
Sime. Attached is a copy of my resume indicating my educational
and occupational background.
I have long been interested in public service and in the past
have been very active in politics from time to time. Additionally,
my legal practice over the years has covered various aspects of
municipal law and I have appeared in front of a number of govern-
mental agencies on behalf of myself and clients.
I have lived in Orono for approximately 2-1/2 years, although
my family ties to Orono gc back many, many years. My family and I
have enjoyed living in Orono and have developed many close ties and
friendships within the City of Orono from past associations and
current activities. I would consider it an honor to be appointed
by the City Council to fill this vacancy and would look forward to
serving in this capacity. I also believe that my prior educational
and occupational experience would be a benefit to the City of Orono
and I am willing to make the personal and time commitment that will
be necessary to effectively fill this position.
If you desire any further information or wish to discuss my
interest further, please contact me at your earliest convenience.
My work telephone number is 339-9121 and my home telephone number
is 471-0809.
Yours truly,
Jam 68H'_ Gilbert
JHG/n3
8nclosure
RESUME
of
JAMES H. GILBERT
955 Tonkawa Road
Orono, Minnesota 55356
FOR ORONO CITY COUNCIL
PERSONAL Date of Birth: March 11, 1947
INFORMATION
Place of Birth: Minneapolis, Minnesota
Telephone: (612) 339-9121 (work)
(612) 471-0809 (home)
EDUCATION High School: Minnehaha Academy, 1965
College: University of Minnesota
Graduated 1969
B.A. Degree in Political Science with a
minor in Economics
Law School: University of Minnesota
Juris Doctorate Degree in 1972
Miscellaneous: Graduate Courses at University of
Minnesota in Securities Analysis
and Real Estate Financing
MRMBERSBI'S Licensed to practice law in the State of Minnesota
since 1972.
Admitted to practice in Minnesota Courts, Wisconsin
Courts, United States Tax Court, U.S. District
Court/Minnesota, United States Supreme Court.
Member of Minnesota Trial Lawyers Association
and Minnesota Bar Association.
EMPLOYMENT 1972 to present: Meshbesher, Singer 6 Spence,
Ltd., 1616 Park Avenue, Minneapolis, Minnesota
Presently a Shareholder, Vice President, Secretary
and Director of the law firm and head of the
Business Department.
EMPLOYMENT Areas of Practice: Commercial litigation; real
(continued) estate and business law; practice substantially in
the area involving real estate acquisition and
sales, real estate finance, representation of
financial institutions and a wide variety of small
to medium -size business enterprises including cor-
porations, parternships and sole proprietorships;
practice of municipal law, employment law and
litigation relating to all of the above.
PRIOR From 1968 to present: involved in various poli-
POLITICAL AND tical campaigns at the Presidential, Gubernatorial,
GOVERNMENTAL County Attorney and State House and Senate races
ACTIVITY for various candidates.
1972 Candidate for Minnesota House of
Representatives (IR endorsed)
Minnesota Public Interest Research Group (MPIRG)
original member of Board of Directors.
JOHN M- HOLLANDER
200 Hollander Road
Orono, MN 55391
476.8504
Resident of Orono since 1956
Age 49
1987 - Present Semi -retired
1979 - 1988 Vice President of Holly Acres Development Corp.
1971 - 1987 Business Consultant for Hollander Publishing Co., Inc.
1977 Received a patent for the Used Vehicle Disassembly System
and Method.
1965 - 1974 Conducted many seminars throughout the U.S. in Business
Management for Automobile Conventions
1973 Publisher and Author of the "Photo Encyclopedia."
1969 - 1971 Vice President of Hollander Publishing Co., Inc.
1970 Graduate of Minnesota School of Real Estate
(graduated highest in class)
1965 - 1969 Sales Manager of Hollander Publishing Co., Inc.
1966 - 1968 Publisher and Editor of "Just Plain Horse" magazine.
1962 A member of the University of Minnesota Student Senate
Association and Vice President of General College Student
Board (turned down President because President had no
voting rights).
1956 President - Minnetonka Citizens Radio League
REFERENCES Richard J. Haefele - Attorney at Law
Sidney Kaplan - Attorney at Law
Penny Bolton
Charles M. Kelley, GF.A.
Vice President
Senior Portfolio Manager, Investments
Norwest Capital Resources
AIOI WIW CAPITAL Norwest Bank Minnesota, N A
RESOUPrES 8th Street and Marquette Avenue
Minneapolis, Minnesota 55479-0035
6121372.6717
May 27, 1988
James R. Grabek, Mayor
Barbara A. Peterson
960 Forest Armp Lane
P.O. Box 164
Mound, MN 5356
t,rystal Bay, MY 55323
William J. Sime
Edward Callahan
2106 Shadywood Road
2545 North Shore Drive
Wayzata, MN 55391
P.O. Box 72
Crystal Bay, MN 55323
J. Diann Goetten
Mark Bernhardson
1385 Fox Street
City of Orono
Wayzata, MN 55391
P. 0. Box 66
Crystal Bay, MN 55323
.✓
Dear Ior, Council Members, and Staff:
This letter is Eo inform you of my interest in filling the vacancy
and term of council member Bill Sime.
I feel the coming years will put substantial pressure on the
direction of the City of Orono. This pressure will come from the
1394, Highway 12 corridor, new city offices, and further residential
development. My six and a half years of work on the planning
commission and the last year and a half as chairman has prepared me
well for the challenge ahead. I believe I can add direction to the
City in keeping with is comprehensive plans.
I would he pleased to further discuss my qualifications with you at
your convenience.
Sincer ly
t,
MEYER, NJUS, JOHNSON & NETTLES, P.A.
ATIL)RNEYS AT LAW
Alan R. Nettles
SUITE 1110
Daniel R Johnsen
701 FOURTH AVENUE SOUTH
James M. Nlus
Neil M. Meyer
MINNEAPOLIS, MINNES(TrA 55415
Carrie L. Hess
612/341.2181
FAX 612/337.5894
June 24, 1988
Mr. Mark Bernhardson
Orono City Hall
1335 South Brown Road
Orono, Minnesota 55391
Re: City Council Position
Dear Mr. Bernhardson:
,If ( ,n.tl"l
Frcd i l,dlcndrr P A
This is to express my interest in being appointed to the City
Council seat recently vacated by William Sime.
By way of background, I am a graduate of St. Olaf College (1970)
and its Washington, D.C., semester exchange program with American
University School of Government and Public Administration. I am
a graduate of Washington University School of Law in St. Louis
(1973), and a partner in the law firm of Meyer, Njus, Johnson &
Nettles, P.A., since 1981. I practice mainly in the area of
civil litigation. Since approximately 1978, I have been a
part-time administrative law judge for the State of Minnesota and
have presided over several of the hazardous waste transfer,
storage, and burning site proposals in the early 1980's for
Scott, Dakota, and Hennepin Counties. While in law school, I did
research and writing for an environmental controls text book that
was being compiled by one -,f the professors and was an associate
editor of the Urban Law Annual, a publication of the law school.
My interest in the council seat is that of participating in the
planning and governing of the community in which my family lives
and a conviction that residents should so participate. I also
believe that I might be able to provide some legal insight into
questions that the council might face.
A resume is enclosed. Please send me the form letter referenced
by G.M. Stim)er in the "Wayzata Weekly News." Thank you.
S incEwe
H:-Wettles
ARN/ c r
Mr. Mark Bernhardson
City Administrator
City of Orono
P.O. Box 66
Crystal Bay, Mn. 55323
Dear Mr. Bernhardson:
�
,, Jl IN 2 7 19c
�� I �
June 21st, 1988
This letter is written with reference to the position that is
currently open on the Orono City Council. More specifically, by
reciept of this letter I would like to be considered as a formal
applicant for the appointment of this position. As directed during
my recent inquiry, I have included herein some of my thoughts
about this position and some of my qualifications for the Council
to review.
As an applicant for the position of Council Me:nb-r, I believe
that I am uniquely qualified in that I have both a formal
education and a good deal of direct experience in the field of
real estate development. While I reali-ze that development is only
a part of the duties of a Council Member, in my opinion it is by
far the most critical issue facing our City now and in the
foreseeable future. How we handle the pressures of growth today
will determine the form and nature of the community forever. I
would like very much to have a voice in the shaping of this City
and feel that I have the knowledge and experience to be of
significant help in doing so.
My family has been involved in the field of construction and
development for four generations and I have worked in the business
in various capacities since I was 16. During the Fast 6 years I
have been directly involved in the approval process, among other
things. Within the last 12 months alone I have made some 25
personal appearances before various public boards in several
different communities in several different states. I feel that
this experience has provided me with a strong working knowledge of
the laws and rights within the local system. More importantly, I
believe that it has provided me with a unique perspective that
would be helpful in dealing with proponents.
I also have received a formal education in the field of real
estate development. Iri 1986 I reciived a Master of Science degree
in Real Estate Development from M.I.T. in Boston. This is a
relatively new degree that brings together all of the disci:)lines
through each of t.hL M.I.T.'s outstan3ing departments (i.e.
Engineering, Architecture, Planning, Taw (zoning), and Finance).
This formal and intensive education has provided a st.ong and
broad foundation of knowledge for me, but more importantly, it
focused my attitude toward the importance of development as a
social responsibility. I believe that developers have a moral
obligation to society to provide attractive, quality projects.
I have lived around Lake Minnetonka most of my life, and
therefore understand the tremendous development pressures that are
now facing the area and especially Orono because of i.s position
in relation to I-394. While I would love to see this community
remain the way it is today, I :snow as well as anyone that change
through development is inevitable and a part of life. :;�jwever,
through my education at M.I.T. and my experience as a professional
in the industry I know that if development is properly planned and
performed responsibly it can be a positive thing. I am not anti -
development but by no means am I pro -development either. I believe
that our natural resources are valuable and that if one wishes to
replace those with something man-made it should be done in a
responsible manner, with careful planning, attention to details
and not merely profit motivated. A development should complement
the existing enviroment not destroy it.
Orono has an abundance of natural beauty, but none to waste.
Because this is my home I have a vital interest in seeing that
this valuable asset is preserved as muci. as possible. As I stated
earlier, I feel that I can provide unique and helpful insight for
that preservation.
Thank you for your time and consideration.
M r,,.s s53
19?T
!� ll
-tom 8 C�t,40 1
t,
42 u� cra�
It
-d-
�cl 1�73.
...
JYC
Vc�GP-LFS
X
53188.1
Re: Interview for City Council Member
Dear (Applicant),
As an individual who has 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 corr,.rnent!� you
may desire to make regarding yourself and year backgrc. and 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 Councilmember?
3. Attached is a copy of the Counci l's 1987-88 Goa. Setting
plus the City Administrator's 1988-89 Goal Setting.
Please respond as to your thinking on the followina
items:
- Highway 12 corridor df--velopment
- 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 management
4. What areas do yuu feel are important for the Council to
focus on for the rest of 1988 and for 1989.
Due to the resignation, Mr. Sime's position which was a 4
year term starting in January 1987 will be up for election this
November. The app,)intee will fill the vacancy from date of
appointment through the end of 1986. The `-'ividual appointed
can file for election for an open positi,... between Aur7ust 30,
1988 and September 13, 1988. In addition to the Plectio.i for the
remaining two year term, the two four year positions plus the two
year Mayoral term will be on the November ballot.
Look forward to seeing you at about 8:30 P.M., Monday, July
11, 1988.
Sincerely,
James R. Grabek
Mayor
42i?88.4
� - +11*..� -�P Ci
TO: Mayor and City Council
n�r 9 rs��a
PROM: Mark Ber--iardson, City Administrator
��'� r,.
DATE: April 29, 1988 Wo W cJ4 `� 0
SUBJECT: Planning Commissicn Interviews
Attachment A. Planning Commission Interview Memo Dated 4/15/88
ISSUE - Selection of an individual to fill the vacant Planning
C'ommfssion position.
INTRODUCTION - At the Council's last meeting they reviewed five
of -the candidates who had indicated interest in the Planning
Commission position and had tabled the matter for the May 9, 1988
meeting.
DISCUSSION - The Council based on the information and interviews
fe requested to appoint a candidate for the position based, in
part, on the designations outlined in Attachment D of Attachment
A.
RECOMMENDATION_ - It is recommended that the Council at this
meeting select an individual to fill the vacancy created by Paul
Taylor's resignation.
PROPOSED MOTION - Moved by _ , seconded by , that the Council
tppoint as a new Planning CommisSloner for the Orono
Planning Commfssron. Ayes __, Nays __.
41,588.2
TO:
'layer
and
City Council r .�
"\ 6
FROM:
Mark
Bernhardson,
City Administrator
DATE:
April
15,
1988
SUBJECT:
Planning
Commission Interviews
Attachments:
A.
Leiters of Intent
Sara Moos
Robert L. Minkema
X).
�,c�j Stephen M. 7ohnston
d . Dale A. Christensen
). Lester Kelley
.Yj . Curtis Quady
B.
Proposed Questionaire
C.
Current Planning Commission
Members
D.
Ordinance 2.51 (as amended
by Ordinance 31,
Second Series
ISSUE -
Issue 1. Conducting interviews of interested candidates for the
vacancy on the Planning Commission.
Issue 2. Selecting an individual to fill the vacancy created by
the resignation of Paul Taylor.
Issue 3. Review of designations to see if persons currently on
the Planning Commission need to have designations changed in
order to meet the guidelines setforth in Attachment D.
INTRODUCTION - With the resignation of Paul Taylor, who has been
a�rural representative on the Planning Cc,nmission, the City stagy"
wa3 Oirected to advertise in the paper together with sending
letters to those who last year had indicated an interest in the
Planning Commission together with Park Commission members.
Additionally as noted in Attachement D the Council had adopted an
ordinance for the appointment of Planning Commission that related
not only to "Rural" (2), "At Large" (2) and "Urban" (2)
designations but also to "Lake" residence (1). Currently the
only "Urban" representative is Jeff Johnson.
DISCUSSION -
Issue 1. - Attachment B is appended to ;)rov ide a format for the
interviiw of each of the candidates who have indicated an
interest.
Issue 2. - Selection - The Council, following interviews, will
need to appoint en individual for Planning Commission hased not
only on the persons oral presentation but also the needs as they
1
relate to the guidelines for representation from the various
sectors of Orono.
Lake -
Name
Address
Area
shore
Sara Mons
2160
Webber Hills Rd
R
No
Robert
L Minkema
3200
Bayside Road
R
No
Stephen
M. Johnston
900
North Shore Dr. West
R
No
Dale A.
Christensen
2750
Casco Point Road
U
No
Lester
Kelly
2135
Colin Drive
R
No
Curtis
Quady
1223
Brown Road South
U
No
Issue 3. - Designation -Technically none of the existing
Planning Commission members are lakeshore owners. To the extent
that the individual desired is from an "Urban" area the Council
may choose to re -designate one of the three "At Large" candidates
al l of whom are in the "Rural" area to achieve the guide: ines for
designation. Selection of a "Rural" designee would leave the
Commission witl; its present composition of 3 "At Large", 3
"Rura?" and 1 "Urban".
ALTERNATIVES -
I_s_su_e 1. interview -
1. Conduct and conclude the interviews tonight
2. Continue the interview for a later meeting
issue 2. Selection -
A. 1. Make a selection following completion of interviews
B. Table selection until the May 9th meeting
C. Table until another meeting
D. Ask for further applications
Issue_ 3. Re_
designation
A. Designate current members as needed following
selection tonight
B. Table to de;.ermine if it will be required following
selection at a subeequent meeting
RECOMMENDATION - It is recommended teat following the interviews
that the Council table any selection until the May 9th meeting as
an appointment at either this meeting or the next meeting will
still have an appointment in place by the Planning Commission's
May 16th Planning Commission meeting. (The tentative meeting
scheduled for the 2nd will not need to take place.) That the
Council defer any redLsignation until such time as a selection is
made.
PROPOSED F1oTI0N - Moved b /+(o, seconded byX; that the Council
following the interviews table selee*ion of candidate until the
May 9, 1988 Council meeting. Ayes � , Nay
2
�brch 21, 1988
Dear Mr. Bernhardson,
I am very interested in being considered for the position on the
Orono Planning Commission created by the resignii-�g of. Paul Taylor.
I think the next three to five years are critical for an organ-
ized development of Orono. Orono has always had very high standards
for growth and I think, an attitude of "grow slowly". I happcn to
agree. I would like to see Orono maintain a rural flavor, yet know
that growth is inevitable.
With the Highway 12/394 completion looming in the near future,
the influx of people into the con rn nity is already being felt. I would
like to see a vory controlled growth to keep the standard of living and
the quality of life high.
I grew up in Deephaven, moved out to Salt Lake City to attend
the University of Utah. After graduating with a B.S. in Recreational
Therapy, I became the Directci of Adolescent Recreational Therapy
at LIDS Hospital. My husband and I moved back to Minnesota in November
1981 and purchased our house in Webber hills in August of 1982. At that
time I was working for Merrill Lynch Realty/Wrnet in Wayzata.
For the past few years I hive been raising two children and working
part time with Betty Jo Ogien ac the Five Swans. I have also been a block
worker for the American Heart Association for the past two years.
I think the environment that we live in is going to play an ever
increasing role in our lives. I know from personal and career experiences
that the home/neighborhood environment is critical to a balanced life.
I would like to work hard at keeping Orono a fabulous community to live
and raise my children in. Orono has a reputation for an excellent quality
of living and I would be honored to help maintain this by serving on the
Orono Planning Commission.
T'ronk you for your tinx-, if there are any questions please call m-
Sincerely,
`-ira Moos
a r� o I -A) �-I �� o A�
�')A� Z ,�-►-�
March 22, 1988
City Council
P.O. Box 66
Crystal Bay, MN 55323
RE: Open Position on Planning Commission
Dear Council:
I would like to be considered for the open position on the
planning commission. I am moving into the area on April 1, 1988,
and would like to get involved in the local government as soon as
possible. Having grown up in the area and attended Orono
school's I feel that I know what the vision the area.
Personal Information
Address
3200 Bayside Road
Long Lake, MN 55356
Telephone
476-0508 (Home)
542-8846 (Office)
Married with a child on the way.
Employer
Robert L. Minkema, CPA, Ltd.
7515 Wayzata Blvd., Suite 232
St. Louis Park, N.N 55426
I have been involved in local government from the accounting and
auditing aspect for the past eight years T wo, d be happy to
answer any questions the council may have. yank you.
Sincerely,
Robert L. Minkema
March 29, 1988 sit
The Honorable Mayor and City Council
City of Orono
c/o Ms. Jean Mabusth
P.O. Box 66
Crystal Bay, MN 55323
Re: Planning Commission Vacancy
Dear Ladies and Gentlemen:
I wish to be considered for the current vacancy on Orono's Planning Commission. I feel that my
education, knowledge, experience and enthusiasm will allow me to serve the needs of the
community. Listed below are some of these attributes as well as a brief personal summary.
My wife and I are new residents of Orono, having moved here in February from Maple Grove. We
looked at many homesites and cities before selecting our lot in Orono to raise our future family.
Few cities had the combination of natural amenities and quality developments that w.- were lookin f,
for in a hometown. It is my hope that I can help to preserve and promote these qualities through
service on the Orono Planning Commission.
I am a 1978 graduate of Osseo High School and a 1984 graduate of the University of Minnesota's
Institute of Technology. As purl of my course work toward a Bachelor of Civil Engineering degree,
I studied urban geography, land use planning and political science. I have successfully passed the
Minnesota Professional Engineering Examination and am registered as a Professional Engineer :n
the State of Minnesota. This background, along with my technical education, will be of beneft: to
me if I am selected to serve on the Planning Commission.
My current employer is Merila and Associates, a civil engineering, surveying and site-pianning
firm. Our clients include numerous residential, commercial, and industrial developers, as well as
the cities of Minnetonka, Brooklyn Park, and Maple Grove. Although I personally work on a variety
of projects, my expertise is the design of residential developments. I routinely supervise these
projects fr•-m site analysis •.hrough lot layout, grading, utilities, paving, government agency
approva•s and, ultimately, construction. I have designed developments in the cities of Plymouth,
Maple Grove, Brooklyn Park, Charnplin, Hugo, Center•.,ille, Chaska, Eagan and Oakdale, all of
which required presentations to City Councils and Planning Commissions.
Prior to working for Merila and Associates, I was employed by the City of Maple Grove for t:. r
years. My duties in the engineering department included project design, site and grading plan
reviews, traffic studies, staff reports to the City Council and Planning Commission, assessment
roles, and Community Development Block Grant (CDBG) funding applications. The position
required extensive coordination with other departments such as Community Development, as well
as direct contact with residents.
I feel that my career experiences would be valuable to your Planning Commission, and trust that
my application will be given full consideration for the current vacancy. If any additional information
would be he'.pful, please do not hesitate to contact me at 533-7595 (days) or 472-8007 (evenin-s).
I look forward to meeting and discussing my qualificationsµ .: you.
Sincerely,
S hen M. Johnston
900 North Shone Drive. West
Mound, MN 55364
Mark Bernhardson City ncu,iinistcator
Bo 66
Crystal Bay, HN 55323
heat 3, 31/ 88
I am submitting a urlef resume ir, re5poncc to the nutice for
an opening on the Orono Planning Co,rrni5sion.
I am ii,trcested in serving but have had no prlor experience
if, such ratters.
Sincerely,
>4'�e'4.0
Dale A. Christensen
2750 Casco Pt. Rd.
Wayzata, MN 55391
�, � .�_ Il V i►5
iaie A. Chr ir;tenaerr
2750 Cm-suo Pt. ru.
Wayzata, '-;;i 55391
i Q63- 1 c88
(612)-4-,1-7Q-( I
Professional Background
Pilot Product ion Manager arrd
CA Nariager for Guvecnmen t-
Coritcact Research Projects
$iu-NeLric Systems,inc.,Eaen Pracie,MN
Zeveloped a Cuality Assurance Plan for the company,
Introduced Standard Operating Procedures to the research
group, Initiated a Calibration System, and initialed
Nuaiber Inw Sytitern5 for uuc:wnents, mazer i&is aand par L5.
Devised prototype ae ;yia of sndi; hand-heidenzymeirtmuno-
assay diagnostic test aevises and developed semi -automated
machines for asser..bly purposes.
Developed in-depth control procea...ee for monitoring the
processing of icJnooiiized enzymes and antiuodles.
197ti- 1083 Val i uus pos i i i airs , i rrc i uV i rrw:
Techniuo; :;irector Lu Mfw. anu
PrU(juCLiun ueveluprnen� Director
Kallestad Laboratories,Inc.,Chaska,MN
Nul deU regearcn developments into products (e.g.raaio;mmuno-
assay kits). Trouble--3huoter on productior, prcb,e;r_�.
1969-1974 Technical positluns in Califuria 6nU aii;uu:�
Education
1954, D i p ; urria Pr, uL; t or H.S. PC ur , i;N
io58 B.A. uegree Z,ng: ;sin ;•;b, or , U. of Minn., Dulutl,
1965 M.S. degree Biochemistry, U. of Minn., St. Pau,
,ai Interests
I like to read un a varru _ _)f subjects. My two boys and I
10 4%Me f i sh i rig and camp i ng e,ch summer . M wi f e, boys, and
i iIKe to t r a when its P0551b tf 3ther Inclucie
gi:,l f ing, yoil the theatre, a,d arouse hunting.
I
April 6, 1988
Mr. Mark Bernhardson
City Administrator
City of Orono
P.O. Box 66
Crystal Bay, Mn. 55323
Dear Mark:
The vacancy on the Orono Planning Commission is of great
interest to me. I would like to help maintain the pro-
fessional work that the commission has accomplished in
i,he city of Orono.
I have lived in Orono for 70 years and have served on the
PCrk Commission for 12 year:..
Sincerely,
Lester Kelley
r�
5. YI..A.
z,Cd�
dn.ri.
a6' P^°Lr
• I� �i • 1 I / • �
-z,
njL
42088.3
PLANNING COMMISSION
INTERVIEWS
POSITION QOESTIONAIRE
1. Summary of education and experience background:
2. What in6erested you about service on the Planning Commission:
Optional
3. Have you had an opportunity to:
a.) Attend a Planning Commission meeting
b.) Review the Comprehensive Plan
c.) Review the Zoning Code
4. Are you familiar with the meeting schedule and Planning
Commission duties.
1988 DIRECTORY
OF CITY OFFICIALS AND
EMPLOYBES r'RQ1-%fSCy!
PHONE NUMBERS
NAME E, TITLE/TERM
ADDRESS
BUSINESS RESIDENCE
i Tanning Commission
Charles Kelley (Chairman)
2720 White Oak Circle
3-31-89 Rural
Long Lake, MN 55356
!Maureen Bellows (Vice -Chair)
265 South Brown Road
3-31-89 At Large
Long Lake, MN 55356
Paul Taylor , ' (nlci`,. '"'
3075 Farview Lane
3-31-89 Rural
Long Lake, MN 55356
Jim Hanson
884 Dakota Avenue
3-31-91 At Large
Long Lake, MN 55356
Edward M. Cohen
519 N. Ferndale Road
3-31-91 At Large
Wayzata, MN 55391
Jeffrey Johnson
3825 Cherry Avenue
3-31-90 Urban
Mound, MN 55364
Edward C. Brown III 355 N. Stubbs Bay 1-)ad
3-31-90 Long Lake, MN 55356
1148*1..
TO: ;tay(r an.) City Council
FROM: Murk Bernhardson, City Ad inistratur
DATE: January 14, 1987
SUBJECT: 1987 Appointments
- Council
- Planning Commission
- Park Commission
- Miscellaneous
AttachmenL: A. Letters to Various Applicant:,
B. Lee Schacht Resume
r t'81
) IT k;F URUNO
ISSUE - nakii.g appropriate appointments for the above listed
offices .
nISCUSSIOp - At your last meeting Council interviewed candidates
or t e positions of Council, Planning Commission and Park
Commission. In addition you directed that staff send a letter to
those not able to attend, directing them to contact you if they
hail a fjrther interest. Copies of these letters are attached.
COUNCIL - The balance of the vacancy created by the election of
Jim Grabek as Mayor is to be filled by appointing to the
remaining term for Council, which expires at the end of 1968.
Interested candidates include:
Ed Callahan (U) Julie Hatton (R)
Charles Kelley (R) Mariann Kienzler (R)
Gary Printup (U) Earl Dorn (R)
Edward C. Brown III (R) Thomas Casey (U)
The individual appointed may be sworn in at yourCouncil
,ieeting February 23, 1987.
PLANNING CO::MIS°ION - Individuals who remain interested in the
position are as follows.
Curtis Quady (U) James C. Berg (UV
Lee E. Schacht (R) Jeffrey Johnson tU)
Edward M. Cohen (R) Gail Livingston (�
Jorja Lynn (R)
Clement F. Birch, Jr. (Vj,
Currently the vacancies ate two urban& tot a three yest term and
•)ne ..t large for a one year tots.
1
t �-••.rrr
.t
yOu wil_ also recall the follc,winy people are serving in the
following capacities:
Charles Kelley (R) - Zur,,l
Paul Taylor (R) - itural
Jin Hanson (R) - At Large
Maureen bellows (R) - At Large
By ordinance appointees must be 2 urban, 2 rural and 3 at large
for a total of 7 members. All continuing members on the
Commission are from the rural area. The split is based on
availability of sewer service. Should you desire to change, you
could do so by ordinance amendment. (Since individuals who
applied for all vacancies were asked if they would serve in other
capacities, their designation urban/rural is noted in
parenthesis.)
PARK COIIMICSI014 - As you Will recall two vacancies exist, the
1nJ`viduaTs interested are as follows:
Lee Erger (Incumbent) (U)
Ron Anderson (u)
Bruce :tokal (R)
Appointments for these positions will be for a three year term.
Additionally 'terry Morse should be formally reappointed.
tIISCELLANEOUS - Aa you will recall there were four otter
appointments that remain to be made tc complete the list for
1981. These are as follows:
Ac•iag Mayor
Planning Commission Chair
Planning Commission Vice Ch.,ir
Alternate Attorney - William Soth, Dorzey i Whitney
- Mr. SSoth is the City Attorney for St. Anthony,
Woodland and Deephaven and is familidr with lake issues.
This is only utilized in the case of a conf 1 ict of
interest by the City's primary tirs Popham, Haik.
The appointment for Human Relatic•na was also up and it's
recommended that this be diseontinuted at this time, given the
fact that they have not meet Lit three years and there is no
statutory requirement that they continue.
RrCOPIMENDATIONS - It Ls recommended that the appointments be made
a5=4npont�ients for mLeeellanecue be incorporated in the
attached resolution.
2
"ROPO.;ED MOTION - •!ovc,' t:y
secc,nJvJ by that
r'��= �s the appointments as follows: the Cuunci 1
Council
Planning Comm ssion
and two year terms
for a one yea- tern
Park Cu?nission - Terry Morse, and
together with adopting a resolution aFpointing variou, posit
j�ions
for 1987. Ayes _, y;,ys
3 •�.� ...r- . ,
122996.5
c
TO: Mayor and City Council
+` DATE: Mark Bernhardson, City Adminiatratol�11`
}-
DATE: December 29, 1986
SUBJECT: Planning and Park Commission Vacancies
Attachment: A. Letters of Intent
CI;Jo!'CiL MEEW
r
JAN 121987
S
CITY OF OM ,
r •7
I3CU_E - Appointment of individuals to ft11 vacancies on the
Planning and Park Commissions.
INTRODUCTION - The etsff has placed in the four local newspapers
together with sending letters regarding the vacancies to Park
Commissioners and Individuals on the Planning Commission who's
appointment is up. Attachment A are the letters of the
Individuals who have indl:ated an interest. They are as follows:
Planning Commission ?ark Commission
Curtis puady Bruce Kokal
James C. Berg, Ronald C. Anderson
Lee E. Scnacht Lee Erger
Jeffrey Johnson
Edward M. Cohen
Gail Livingston
Jorjs Lynn
Carol Moore Trapp
Clement F. Birch, Jr.
There are currently three vacancies on the Planning Commission
and twc, vacancies on the Park Comais3lon with Lee Erger on the
Fork Commission being the only "Incumbent" indicating so interest
In re -appointment.
Staff requested all those Interested in Planning Commmission to
end those for Perk Commission �t P.N. Le available at 8:3o
RECO_14MENDATIOW - It is eteff's recommendation that booed on
resumee��nd following interviews by the Council that appointments
to modest the February 9, 1987 meeting.
PROPOSED M'JTION - Hcved by _. seconded by `. that the Council
make appointoents to both the Pork and Planning Commissions from
the names listed above at its ►ebruo,y 9, 1987 meeting. Ayes
0ays _
06;21
z
j
Tp Mayor No city council
r s Mark Bernhardson# City Administrator
MISS ftbruary 19, 1987
SGWWIPI Planning Commission Appointm*nts.
ISSUE Appointment -of oneadditional sombQ4 t-0, PU140 a t_-
Commi
INTRODUCTION - At your last meeting you appointed Ed cobww's
NfErey Johnson as representatives to the Planning Co 1011
fulfilling of a third vacancy was tabled until the
MR
1987 sooting.
DISCUSSION - The vacancy that exists carri 8h*:*th*!;%kz
assignation. Candidates who have applied include#,-- V
James Berg (0)
Jorja Lynn
Clement Birch (U) Gail Livingston (R).
Curt Quady (U) Lee Schacht (R)
Persons who had applied for council who say be interested in
Planning Commission appointment includes
Gary Printup (U) Julie Rarren (R)
Thomas Casty 'U) Earl Dorn (R)
Ed Crown III 1'R) Mariann Reinslor (R)
Currently on Park 4.j
Commission
Additionally Ron Anderson (U) had applied, but was not appointed,
to the Park Commission.
N
3?.F'7.1�
ORDINANCE' NUMBER 3 1, SECOND SERIES
AN ORDINANCE AMENDING ORDINANCE: SECTION 2.50 ENTITLED BOARDS AND
COMMISSIONS GENERALLY AND SECTION 2.51, ENTITLED PLANNING
COMMISSION, SURD. 1.
The City Council of the City of Orono ordains:
Section 2.50 aid entitled Boards ana Commissions
Generally is amended to read:
All Board and Commission appointments authorized by
ordinance shall be made by the Council at the first regular
meeting in January of each year unless another appointment date
is established elsewhere in ordinance. The term of each
appointee shall be established and stated at the time of his
appointment, and terms of present Board and Commission members
may be re-established and changed so as to give effect to this
Section. New appointees shall assume office immediately.
Provided, however, that all appointees to Boards and Commissions
shall hold office until their successor is appointed and
qualified. All vacancies shall be filled in the same manner as
for an expired term, but the appointment shall be only for the
unexpired term. No appointed Board or Commission member shall be
an employee of the City, but an ex officio member may be se
employed. All appointed Board and Commission members shall serve
without remuneration, but may be reimbursed for out-of-pocket
expenses incurred in the performance of their d, ties when sick
expenses have been authorized by the Council before they were
incurred. The officers shall be appointed by the Council
annually. Any Board or Commission member may be removed by the
Council for any reason and his position filled as any other
vacancy. Each Board and Commission shall hold its regular
meetings at a time established and approved by the Council.
Boards and Commissions created by resolution shall terminate when
the purpose for which they were created has been accomplished or
upon the expiration of the terms stated in the resolution.
Except as otherwise provided, this Section shall apply to all
Boards and Commissions.
read: ect ion 2.51 and entitled Planning Commission is amended to
Subd. 1. A Planning Corr.nission composed of seven
members, who serve staggered 3 year terms is hereby established.
The period of these terms is from I April to 31 March and shall
be appointed by the 2nd business meeting in March.
It is the policy of the Council to appoint persons to
the Planning Commission as follows:
Two of the members shall reside in and be appointed to
represent the Rural Service Area of the City as defined
in the Comprehensive Management Plan, two members
residing in and appointed to reF:ei.ent thc� Urban Service
Area, one appointeu that resides on Lake Mini,uLonka lake
shore property and two shall be appointed to represent
the City At Large. The Council by majority vote may
deviate from this policy to appoint persons without
specific designation. The Zoning Administrator and one
Council member shall be members of the Commission ex
officio and without vote.
This ordinance becomes effective from and after its
passage and publication on March 30, 1987.
Passed by the Council this 17th day of March, 1987.
1
c—
Jan s R. ' ra ek, Mayor
ATTE T:
i
t
.i
thy M. T
llin,,City Clerk
Published in the Laker and Pioneer new paper the week of March
30, 1987.
$ 2.50
SEC. 2.50. B01\RDS AND CCMMISSIONS GENERALLY. All Board and
Commission appointments authorized by ordinance or resolution shail
be made by the Council at the first regular meeting in January of
each year. The term of each appointee shall be established and
stated at the time of his appointment, and terms of present Board
and Commission members may be re-established and changed so as to
give effect to this Section. New appointees shall assume office
immediately. Provided, however, that all appointees to Boards and
Commissions shall hold office until their successor is appointed
and qualified. All vacancies shall be filled in the same manner as
for an expired term, b,'the appointment shall be cnly for the
unexpired term. No appointed Board or Commission member shall be
an employee of the City, but an ex officio member may be so
employed. All appointed Board and Commission members shall serve
without remuneration, but may be reimbursed for out-of-pocket
expenses incurred in the performance of their duties when such
expenses have been authorized by the Council before they were
incurred. The officers shall be appointed by the Council annually.
Any Board or Commission member may be removed by the Council for
any reason and his position filled as any other vacancy. Each
board and Commission shall hold its regular meetings at a time
established and approved by the Council. Boards and commissions
created by resolution shall terminate when the purpose for which
they were created has peen accom, lished or upon the expiration of
the terms stated in the resolution. Except as otherwise provided,
this Section shall apply to all Boards and Commissions.
SEC. 2.51. PLANNING COKKIF Ml.
Subd. 1. Establishme.it and Composition. A Planni.ng
Commission composed of seven members, who shall serve staggered
three-year terms, is hereby established. Two of the members shall
reside in and be appointed to represent the Rural Service Area of
the City, as defined in the Comprehensive Community Management
Olan, two members shall reside in and be appointed to represent the
Urban Service Area of the City, and three members shall be
appointed to represent the City at -large. The Zoning Administrator
and one Council member shall be members of the Commission ex
officio ind without vote.
SubC. 2. Powers and Duties. The Planning Commission
shall be the Planning Agency of the City and be an advisory body to
the Council. The Commission shall have the power, under the
direction of the Council, to carry on the duties set forth in
Minnesota Statutes, and those duties provided by this Code and such
other duties as prescribed by the Council from time to time. The
Commission shall hold a rr-gular meeting once each month and keep
records of its proceedings.
ORONO CC 17 t4-1-841
6788.1
.
I_ L
11, ; 3 .
TO: mayor and City Council
FROM: Clark Bernhardson, City Ad;inistr,ito�'�\Y
DATE: June 7, 1988 1
SUBJECT: Councilmemb`r Selection Process
Attachment: A. Draft Letter to Applicants
B. Request for Applicants Notice - tlrwspaper
ISSUE -
1. Receipt of information regarding the application process for
Councilmember selection.
2. Concurrence of Council with draft letter to be sent to
applicants in advance -F the July lath interview.
INTRODUCTION - At the Council's ':ay 23, 1988 meeting Council
receivethere3ignation of Rill Sime to be effective July 1,
1988 and declared th, position to be vacant following the
effective date of the re3ignaticn and directing staff to
undertake the process for replacement. The Council established
July 11, 1988 as an interview date for the applicant3.
DISCUSST0141 - The City ha.: submi'ted 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 letter will be sent so that they may prepare, in
advance, their response to those questions so the Council has a
Letter 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 indicatin3 their interest in the position.
ALTERNATIVES -
1. Acce ta_n_c_e_ of Information
A. Accept
B. Request additional information an -!'or action
C. Tamale
2. Council Concurrence
A. Concur with letter
B. Amend and concur
C. Table
PROPOSED tIOTION - Moved by , seccn.le.i by , that the Orono
City Co unri I acknowledge the inf:�r^3tir r� lar-9ire�I the select ion
process anti that the Counci 1 crnc.jr .:it'i th- f1r.,rt letter to he
gent to all .ipplicants in alvanoo f th-• int,.rr✓iew on ,1'l1y 11,
1948. Ayes - , Nays
0
53188.1
Re: Intorview for City Council Menthor
Dear (Applicant),
As an ir.1ividuaI who had express(A intore:t in the vacancy
on the City Council creaLeJ by the resignation of william Sime, I
would like to invite yoj to the Counci 1's Monday, July 11, 1988
meeting to be interviewed.
The interview wi 1 1 consist of any introductory cominer.ts you
may desire to make regarding yourself and your backgroind 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 rlo you possess that would t• of benefit
to the City of Orono as a Coun:ilmember?
3. Attached is a copy of the Coy Ici l's 1987-88 Gual Settin(j
plus the City Administrator's 1983-99 Goal Setting.
Please respond as to your thinking on the following
items.
- highway 12 corrid ur development
- Redevelopment in the t4avarre area
- Facilities needs
- Cooperatior with other municipalities
- Long term organizational planning
- Council/Planning Commission responsibilitien and
relationship
- Long term street and transportation planning
- sol ij waste man-igemFnt
q. What irea3 do you f,!el are important for the Council to
focus on for the re,-t of 1918 arni f• 1999.
roue to th«. re. ;ignation, t'.c. Sime's position which was a d
year term starting in January 1987 will I)e up for electif)n this
Novemher. The appointee will fill the vacancy from date of
appointment through the enci of 1499. The individual appointed
-an fi I for "I -ctIon f(31 an open position he-r.•ecn Au;u;'t 39,
198R and September 13, 198R. in addition to the election for the
remaining two yl,jr term, tt,r two four year po., t i-1n:, plus the two
1
year Mayoral tF.,:m wi 1 1 be on the November ballot.
Look forward ro seeing you at about 8: 30 P.M., Monday, July
11, 1988.
.ince:cly,
Jamea R. Grabek
Mayor
6988.1
40
ORONO COMICIL VACANCY ANNOUNCED
With th,? resignation of William Sime a vacancy will be created or:
the Orono City Council effective July 1, 1988. This position
will he f i 1 led by appointment of the Council. A11 persons
interested in applying for th_ s position should cubmit a letter
of intent together with a resume to the Council by July 1, 1988.
This appointment term will expire December 31, 1988. Anyone
interested in this position or any other Council. seat will need
to file for the position for the term starting January 1, 1989.
should you have any questions please call mark Bernhardson at
413-7358.
P10
TO: Mayor an' City Council
FROM:
Mark
Bernhardson, City
Administrator 1 'U(_
.
11191-213
DATE:
June
22, 1988
cin
T .�
SUBJECT:
Bohn's
Point - Request
for Feasibility Study
Attachment: A. Bohn's Point Request for Feasibility Study Dated 6/7/88
ISSUES -
1. Request for reconsideration of the issue of a feasibility on Bohn's
Point Road, a public street.
2. Reconsideration of the issue of feasibility on Bohn's Point Circle.
INTRODUCTION - During discussions with one of the Councilmembers I felt it
appropriate to bring back the issue of the feasibility request for the
upgrading/widening and curbing of Bohns Point Road feasibil-ty study.
DISCUSSION -
1. Bohn's Point Road - The publicly owned portion of road of which 54% of
the people have requested an upgrade as noted in Attachment B. Desire to
have the road widened and the issue of curbing explored. The cost for that
feasibility study would be $2,000.00. The cost of this feasibility study,
should the project go ahead, would be incorporated into the project cost
and be assessed against the property owners.
2. Bohn's Point Circle - This privately owned but publicly maintained road
has been requested to be increased from 16' to 20', and that the City would
take this portion over. There would be no change in the cost of the
feasibility study if the circle was included in the study.
ALTERNATIVES -
Issue 1. Bohn's Point Road
A. Agree to reconsider
B. Choose to undertake
C. Table
D. Choose not to undertake
Issue 2. Bolin's Point Circle
A. Feasibility Study
]. Reconsider
1. Choose *o undertake
3. Table
4. Choose not to undertake
B. Public Take Over
1. Consider the take-over
2. Indicate the City has no desire in the take-over
3. Table for further consideration on the
Fublic/private road matter
Bohn's Point - Requert for Feasibility Study
June 22, 1988
Page 2 of 2
RECOMMENDATION - It is recommended that the Council order the feasibility
study provided the residents are willing to pay half the cost of the
feasibility study on Bohn's Point Road. It is additionally recommended
that the City not undertake the feasibility study of Bohn's Point Circle at
this point.
PROPOSED MOTION - Moved by _, seconded by _, that the Council direct the
City Engineer to undertake the necessary feasibility study for Bohn's Point
Road upgrade and curbing together with the expanded width but that the City
not at this time undertake a feasibility study for Bohn's Point Circle
deferring any action until the City makes determinations as it relates to
public and private roads. Ayes _, Nays _
cc: Judson Dayton, 1655 Bohn's Point Road, Wayzata
RZ'OLUTION 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
decle.ration 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 council 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 other
improve t,lt and the estimated cost of the improvement as
recommer, 1.
3 by the Council. this llth day of July, 1988.
James R. Grabek, Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
4. ` Management CaporatK G 1- 141� l T
P1- ,BX- 1h16R 3WO Rper Affray Tom
MinneaWis. Minnesola 54(
Cie .....low
<' ,(Z_ S ni r V �:4 sdenl PETITION
AffinwCapM1 ,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 widening 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.
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51788.10
TO: Mayor and City Council '
FROM:Mark Bernhardson, City Administrator�f
DATE: June 30, 1988 `���� 1►
SUBJECT: Master Planning Assistance - Navarre/County Road � 19
Attachment: A. Navarre Redevelopment Meno Dated 3/24/87
B. John Shardlow Letter Dated 6/3/88 •'
C. Community Development and Redevelopment Memo
Dated 1/3/86
D. Council Minutes Excerpt 3/30/87
E. Administrator's Information 3/2/87
F. Zoning Map - Navarre Area
ISSUE -
1. Determination as to whether the Council wants to undertake a master
planning process as a first step in potential Navarre redevelopment.
INTRODUCTION - The City of Orono in its strategic planning proce-s for the
past three years has identified potential Navarre redevelopment as an
is-ue. The City has tried to generate interest with the property owners
and/or tenents over this period, however, this has not been successful.
The Task Force discussed last year was not undertaken.
DISCUSSION - It now a; pears the first appropriate steps for the process
include the following:
A. Development of a master zoning plan for County Road 15 between
County Road 19 and the Spring Park border.
B. Incorporating either Housing Redevelopment Authority or Economic
Development Authority for Orono to undertake possible redevelopment.
C. Establishment of a Tax Increment District to undertake the
financing mechanism for such a redevelopment.
As noted in Attachment B, the necessary master planning concept would not
be dissimilar to what was done in the Highway 12 corridor study. This
would allow -he City to frame a master plan for the area which currently
has a myriad of overlapping uses, as noted in Attachment C, with an attempt
to integrate some of the uses along the corridor.
The cost for Phase I as proposed is $12,000-15,000. This would be
comparable in scope to the initial phase on Highway 12.
The City did set aside approximately $20,000 first in the 1987 and then in
the 1988 budget for undertaking this study. It is anticipated that some of
this money may be ahle to t)e recouled should the City form a Tax Increment
District.
Master Planning Assistance - Navarre/County Road 15
June 30, 1988
Page 2 of 2
In additi _ n to this work, the City has been approached by an individual who
does have some interest in redevelopment of the commercial area currently
at County Roads 15 and 19. It is anticipated that such a redevelopment
should necessarily fit into an overall master plan.
ALTERNLrIVES
Issue 1. Level of interest
1. Indicate a desire to go ahead
2. Choose to do nothing in relationship to the Navarre area
3. Table
Issue 2. Master planning process
1. Direct staff to undertake the master planning process wi::h Mr.
Shardlow
2. Amend the process and undertake
3. Choose not to undertake a master planning process
4. Allow the developer to undertake a planning process for the
area that they choose to undertake
S. Table for further consideration
RECOMMENDATION - it is recommended ghat the Council direct staff to work
with John Shardlow to undertake a master planning process for the Navarre
area as part of the Council's 1988 Strategic Planning Process.
PROPOSED MOTION - Moved by +,
entering into a contract with Mr.
the Navarre area. Ayes _, Nays
cc: John Shardlow
seconded by that the Council approve
John Shardlow for the Master Plannina of
I
•
32487.3
rcwil- it MEETING
"
Tp,
Mayor and city Council
MAR 301987
1wDllt
Mark Barnhardson, City Administrator
/.�yy ^ A�y�
� bi 1 1 VF YaYfq/
D8t I
March 24, 1987
SuBjECtt
Navarre Redevelopment
Attachmentt A. Letter from Robert Sotirin
Dated j/14/67
e. Letter From Pastor William
Mulligan
C. Community Development and
Redevelopment
Dated 1/3/86
ISSUE - Updating of Council regarding progress in the Navarre
re, evelopment proposed project area.
INTRODUCTION - As noted in the Administrator's Information of
March 1967 a brief presentation was made by myself to the
,
business people at the Nestonka Chamber meeting February 16, 1987
in conjunction with the discussion of County Road 15. At that
,r
meeting a request was made for individuals from the business
had
community (including the property owners from the aria who
the meeting) to determine the level
been specifically invited to
of interest in any redevelopment together with ascertaining which
,�•
persons might be willing to serve on a task force to develop
goals and otjectives for the area.
t
In response to articles that were in the paper I have received
oneletter from a non -Orono esident as noted on Attachment A
together
■
who felt there needs to be some work done in the area
with letter noted in Attachment B from the Pastor at Grace
Baptist Church. ik telephone call from a new resident in the
has had redevelopment work
Casco Point neighborhood who extensive
in his job with Minneapolis Community Development Agency has
�}
Indicated his willingness to work on a Task Force.
:.
H
DISCUSSION - There has been little groundswell of comment,
M
support, concern or interest on the part of either the business
or property owners in area.
It is appropriate that if there ib interest in doing something in
the area, a Task Force be formed to initiate identification Of
issues and development of goals and objectives. It is
the
recommended that a Task Force be composed of persons with
following background.
planning Commissioner
Navarre Resident
westonka Chamber Representative/Orono Business Person
Property Owner/Navarre Business Area
2-3 At Large Representatives
If this seems to be I-) agreement the Council, staff will
advertise for individua... _ _.a the area together with the Maroc
and myself to ■ert with principal property owners in that area to
1
A
i
i
generate some interest for this project.
The initial phase will be goal and objective setting at which •
point a recommendation will he brought back and soot probably
will involve the hiring of a consultant. As noted .n the 1987 r
budget approximately $29,009 was set asiva for this study.
PROPOSED MOTION - Moved by , seconded by , to accept staff's
information on this and recommend staff attempt to obtain the
appropriate Task Force to undertake the goals and ob;ectives
portion of the Nararre Redevelopment Study. Ayes _, Nays
CC* Jeanne A. Mabusth, Zonirg Adminiotrator
John R. Cerhardson, Public works Coordinator �
Tom Kuehn, Finance Director
I )A]
I AI W I
/�� j�• I I ( 11; h� h 1
CONSULTING PLANNERS
LANDSCAPE ARCHITECTS
100 FIRST AVENUE NORTH
SUITE 210
MINNEAPOLIS, MN i5401
612 .139 33tH1
3 JUNE 1988
Honorable Mayor and City Council
City of Orono
1335 Brown Road South
Orono, MN 55323
Attention: Mark Bernhardson, City Administrator
CONTRACT FOR PROFESSIONAL PLANNING SERVICES
AGREEMENT entered into today by and between CITY OF ORONO, hereinafter sometimes called
CATY, and DAHL.GREN, SHARDLOW, AND UBAN, INC., hereinafter sometimes called CONSUL -
I ANT, relating to the employment of the CONSULTANT as follows:
OBJECTIVE OF SERVICES
This objective of the CONSULTANT'S services will be to pre.p:lre a master plan to guide the
redevelopment of the Navarre area in the City of Ororno. In close cooperation with the Planning
Commission and City Council, the CONSULTANT will develop a plan with effectuating ordinances,
documents, guidelines, and implementing strategies. The CONSULTANT will work in close liaison
with CITY -•aff, CITY c*_stsu!t:!rts. -2n: afstcted prefect; !hrcush nut tt;,: pra;zss and prepare
a report summarizing the research and recommendations resulting from the planning study.
SCOPE OF SERVICES
To achieve the above stated objectives, the CONSULTANT' proposes to perform work in two stages
STAGE I would be •a pilot study consisting of two phases, designed to update City base information,
analyze existing development factors, identify problems and opportunities and summarize preliminary
Land use recommendations for the study area STAGE 1 will also establish goals and objectives for the
(ornpletion of the redevelopment process
Navarre Redevelopment Plan Page 2
STAGE 11 will be divided into three phases and will build on the findings of STAGE I. This stage is
intended to be a more detailed study, identifying specific land uses, potential building scale and
locations, and will result in a Redevelopment Master Plan. This stage will also outline specie
implementation strategies including; comprehensive plan and zoning amendments, design standards,
and development incentives such as Tax Increment Financing.
The follow;ng work program is proposed for your consideration:
TiA fL I
PHASE l: RESEARCH AND ANALYSIS
1. Conduct meetings with City Administrator, Consulting Engineer, and other staff to gather
background data and Curren: information, and to identify key issues involved in the planning
study.
2. Secure information pertinent to the development of base maps, w include the following items:
section maps, aerial photography, soils information, existing topographic information, vegetation,
land use, zoning. This will also include locations of utilities and easements as may be available.
3. Prepare base maps of the stud}' area at a scale of 1".100' for use in analysis and conceptual
planning.
4. Inventory and analyze such development factors as slopes, drainage, vegetation, and other
environmental issues.
5. Inventor-v and analyze such development factors as land use, circulation, traffic, parking. access
points, and current tax base,
PHASE H: SUMMATION OF FINDINGS / DEVELOPMENT OF GOALS & OBJECTIVES
1 Review findings front Phase I with CITY staff
2. Prepare a memorandum summarizing the research and analysis done as outlined above, and
present the information to a joint Planning Commission and City Council workshop.
3. Based on input from City council and Planning Commission prepare a draft set of goals and
objectives to guide the work to be conducted in Stage II.
Uahl�rtw, **JwNkwn, *ad 119a+,. Ink
Navarre Redevelopment Plan Page 3
PHASE 1: PLANNING
I. Develop preliminary con-ept plans and alternatives to illustrate potential future land uses,
circulation, open space, major utilities, and potential building scale and location.
1. Prepare a summary of the pertinent data and development statistics for the properties under
consideration, including size and nature of development activity, existing and future land and
building values, and fiscal implications.
3. Prepare a memorandum summarizing in writter. and graphic form the alternative concepts and
pertinent information described above, and present it to the City Council and Planning Com-
mission. This memorandum will include traffic generation analysis reflecting the potential impact
of proposed land use changes on surrounding streets.
4. Prepare exhibits and data suitable for public presentation of the the key issues and concepts
involved, and prepare a presentation of these and othe, important information for the workshop
with the City Council and Planning Commission.
PRASE It: IMPLEMENTATION
1. P-epare amendments to the Comprehensive Plan, with findings as appropriate, which reflect the
concepts adopted in the previous phase, for review and approval by the Planning Commission
and City Council with the adopted results prepared for submission to the Metropolitan Council.
?. In consultation with City administrator, City .Attorney, and other staff, prepare amer iments to
the 'Zoning Ordinance to implement the concepts adopted in the previous phase, including
application of new Zoning Districts to the properties in the study area, changes to the Official
Zoning Map, and enhanced performance standards to protect the integrity of existing surround-
ing land uses and to guide future developments.
3 At the City's direction and working closely with the CITY Fiscal Consultant ant' CITY staff,
the CONSULTANT will pre arc a preliminary Tax Increment Financing Feasibility Study.
PHASE [it: FINAL WIPORT (Optional)
Edit, prepare a0 have printed a final report documenting the research, analysis, goals. plans,
implementation t )ols, and promotion strategies outlined in all I,hases above The report ww be
include two solo, printing of graphics, and high quality materials and design.
t)�Minn. ;,h�Nkrw, snd l!bsn, Inc
Navarre Redevelopment Plan Page 4
PUBLIC HEARINGS AND PRESENTATIONS
It is anticipated that five (5) presentations before the Planning Commission and City Council r:• ay be
required in the pursuit of final approval of the planning study. It is also anticipated that at least two
public hearings may be required. All additional meetings and revisions will be charged for on a time
plus materials basis.
PRODUCT TO BE PROVIDED
The CONSULTANT shall provide the CITY with written and graphic materials in memorandum form
as may be re wired during the review of this project. Board mounted, color rendered exhibits and slides
will be prepared for purposes of public presentations. At the CITY'S option the CONSULTANT will
publish a final report printed on high quality paper with two color graphics and bound in one volume.
INFORMATION TO BE FURNISHED BY THE CITY
The CITY shall be responsible for providing legal, enejneering, surveying, and municipal fiscal con-
sulting services as may be required. The CONSULTANT sh. It work in close liaison with these experts
throughout the course of the project. None of these services will be requested without prior consent
from the CITY.
The CITY shall be responsible for providing updated information, including legal descriptions, aerial
photos, section maps, fiscal data, topography (if availahle), and City infrastructure and utility informa-
tion.
COMPLETION TIME
The work outlined above will begin immediately upon receipt of the executed contract and will be
completed as expeditiously as possible with work for STAGE ► being completed within 60 days of
commencement, unless delayed by reason of unexpected emergencies, forces beyond the control of the
parties, or by request of a party acquiesced in writing by the other party. If so delayed for more than
ninety (180) days at the request of the CITY, the CONSULTANT reserves the right to renegotiate
the contract to account for rising costs before resuming work.
Uahlgmn, Shard1cm, and Ubon. Inc
Navarre Redevelopment Plan Page 5
COST OF SERVICES
The work will be performed on a time plus materials basis, with an estimate. We will undertake only
that work which we feel is essentiat to complete the study and we will not undertake work which is
not authorized by this AGREEMi:,NT, without the prior consent of the City Council. Since the costs
associated with Stage II will be ds )endent on decisions made by the City with respect to the findings
of the previous Stage, a detailed Petimate of those costs will be provided at the conclusion of Stage I.
The estimated cost of our ser it Stage I is summarized by phase below:
PHASE 1: RESEARCH AND ANALYSIS
Research, analysis,
base map preparation
Time: 30 days
PRASE II: FINDINGS AND OBJECTIVES
Consultation, writing
design, analysis
Time: 30 days
TOTAL SERVICES STAGE I
S
S
The work performed will be charged for on a time plus materials basis accord.ng to the above costs.
All work and meetings will be computed in accordance with the attached St indard Rate Schedule,
whic') shall be paid as hereinafter provided.
All costs incurred will be payable to the CONSLLTANT upon receipt of an invoice showing the work
completed and the cost of said work. To each invoice not paid within thirty I'll") days shall be added
a ser.,ice charge of one and one-half percent (1.5 percent) per month for each n nth delinquent.
Dah1`ren, Shard1ow and Uban, Int.
Navarre Redevelopment Plan Page G
TERMINATION
This contract may be terminated upon written notice by either party. In the event of termination, the
CITY shall pay the CONSULTANT for the work completed on a time plus materials basis.
CONDITIONS HEREIN AGREED TO:
DAHLGREN, SHARDLOW, AND UBAN, INC.:
John W. Shardlow, Vice President ate
C. JohnenVice President ate
CITY OF ORONO
Mark Bernhardson, City Administrator ate
James R. Gra bek, Mayor —TFate
Attachment: Standard Rate Schedule
STANDARD RATE SCHEDULE
DAIiLGREN, SIIARDLOW, AND U11AN, INC.
Staff Member
Principal
Senior Planner
Planner
Landscape Architect
Urban Designer
Market/Research Analyst
Graphic Designer
Draftsman
Secretary
Outside Consultants
Supplies
Mileage
Expert Tes!imony
Past Due Accounts
Rate
$80.00 to S 120.00
$40.00 to V0.00
$40.00 to $50.00
$30.00 to $50.00
$25.00 to $50.00
$25.00 to $50.00
$25.00 to S40.00
$25.00 to $40.00
S25.00 to $35.00
Per Job Plus 15%
Cost Plus 150,'o
$0.30 Per Mile
Two Times Hourly Rate
(One-half Day Mrnimurn)
1.5% Per Month
% 1386.2
TO: '•Mayor and City Council
FROM: Mark Bernhardson, City Arlministrator�
DATE: January 3, 1986
SUBJECT: Community Development and Redevelopment
INTRODUCTION -While a significant amount of land remains
—u—nJe--ve-T_(5_p_6_r in the City of Orono and building permits are
continuing at a level higher today than they have been in the
early eighties, there are areas in Orono that were developed
prior to World liar II that are beginning to show their age, both•
residential and commercial. 'ouch of this has come about due to
lack of either economic ability, economic incentive or a desire
to keep the property in improved shape. As noted in attachment 1
there are a number of things that have been developed over the
years which Orono could employ to improve some of these run-down
areas, should it desire.
To date the City has engaged in certain activities which could be
considered redevelopement. These include:
a) Hazardous Buildings Proceedings - Efforts to improve
the quality of buildings in the community when they
reach a stage that they are no longer usable in their
present condition.
b) Sewer and WateC - While done principally for
environmental protection and public safety improvement,
these have to some de-ree promoted improvement in
existing structures a also allowed for additional
(levelopment that woul, oL have otherwise taken place.
(Schlee Development is an example.)
c) Private Economic Value - over the last 10 years
particularly Orono has noticed that because of the
economic value of principally lakeshore property there
has been spot redevelopment done solely with private
money on the lake. This has generally resulted in old
structures in poor condition being removed and replaced
with much higher priced and generally more attractive
buildings.
ci) CDBG Housing Rehab Grant Program - On a modest scale
the City has been utilizing CDBG monies to improve the
condition of the housing stock in Orono.
Given the potential need for some redevelopment it is appropriate
at this time for the Council and staff to discuss the directions
they desire to qo. This comprehensive review is undertaken in
order to determine:
1
a.) %ctivities the City should undertake
b.) The type of redevelopment the City desires in the
selected areas(both commercial and or residential)
c.) The level of City involvement
(A comprehensive approach that might have the kind of spill over
benefits that the staff is reviewing is the Star City Program.
ro
This progran has been developed by the State to pvinide techcal
assistance to qualifying communities, principally for economic
•development. Since however redevelopment and economic
development, utilize similar tools, qualifying for the program
may provide some benefit in the area of needed technical
assistance.)
At present, it is questionable if the primary funding tools
including tax increment bonding, industrial revenue bonds and
municipal tax exempt bond issues generally will be available upon
passage of the tax reform on the Federal level. over the next
few months this may have a decided impact on the redevelopment
Orono is able to engage in. It should be noted however, that
this may not be as serious an impediment as it once was
considered. There have been some taxable issues that have been
recently placed by public agencies that have resulted in interest
rates not dissimilar and in some cases lower (because of the
methods used) than a traditional tax exempt bond. (This is due
in part to arbitrage rules not being applicable to taxable bond
issues of public agencies.)
Community Development and Redevelopment Strategy - As mentioned
it is appropriate at this time to undertake a review of the
direction the City wants to undertake regarding its community
development together with any redevelopment that it desires to
take. Once Council has discussed and decided the direction that
they want to go, staff will then be able to more definitely
explore the work in each of the target areas selected to
determine what is appropriate. Attached you will find an example
of some preliminary directions for the Navarre area.
RECOMMENDATION - It is recommended that at the Counci l's January
27, 1986, meeting that the Council generally discus the area and
give staff an indication preliminarly oL what things they feel
are appropriate to be undertaken. Based on that, itaff will do
the following (included are staff's recommenc'ations for
directions).
a) Development of Ge_neral_Stratecly - It if, suggested
that in eac— oT "Ege major areas below the following
levels of activity be engaged in
- Commercial Areas - The City engage in
redevelcpment, acting as a catalyst to promote
private efforts together with working on a master
plan to dovetail with County 15 improvements.
- Ran e of flousing Opportunities - Given the fact
that many of the more marginal residential
structures are in the community presently are the
only means of affordable housing that the City
should in the next 2 years develop a stategy for
doing something regarding affordable housing. In
p,-rt the rehab grants have helped accomplish this
purpose, but some of the housing is getting to the
point it is no longer economically viable to fix --up
and it may be appropriate in some areas to look at
sponsoring development of more affordable housing
which may include areas such as the Highway 12
corridor area or Navarre.
b) Navarre Area/Commercial Area - In this area it is
recommended that the staff engage in a review of the tax
increment possibilities, working together as a catalyst
to develop a plan for the entire area over the next six
months.
c) Iliahway_12 Corridor Study - That as an element of
this comprehensive review, look is to see what if any
thing i.s appropriate for municipal involvement in the
development of that area, particularly as it may relate
to a range of housing opportunities.
1386.4
CITY OF ORONO
NAVARRE REDEVELOPMENT
Target Area Goals
Improve economic viability of retail trade in area
Improve traffic safety and integrate with County 15
improvements
Improve parking
Improve pedestrian flow
Improve aesthetic of the built environment
Possible expansion of commercial retail areas
Promote desired development in area
Level of Involvement
Master planning
Leadership
Public amenities
Public street improvements
Face lift
Time Table/Process
1. Property inventory and analysis
Financial
Condition of structures 3/30/86
2. Determine desire to change area
Commence meetings 3 through 5/86
3. Development of Plan
Goals and Objectives
Development of Direction in Plan 7/86
Declaration of Tax Increment District 8/87
(if viable)
4. Evaluation and Reassessment
1
Fstimated Costs
A. Predevelopment
Staff
Planning Consultant
Financial Consultant
Legal/Declaration of District
B. Upon District Declaration
Legal
Bonding
Developer
1386.3
ATTACHMENT 1
CITY OF ORONO
REDEVELOPMENT STRATEGY
Potential Goals - The following represent potential goals that
may be appropriate for any development or community or
redevelopment_ in Orono.
- Improvement of the economic viability of existing
commercial retail areas.
- Provide for the overall economic expansion in the
community resulting in improvement of existing areas.
- Attraction of desirable business or quasi public
institutions that the City deems desirable.
- Improvement in the quality and range of opportunities
for housing in the community.
STRATEGIES
The following represents the strateg;; issues that need to be
discussed relating to direction the City will undertake on this
issue.
A. LEVEL OF INVOLVEMENT - In -iddition to perhaps an overall goal
which may nclude things such as economic rejuvenation, the
following represent the level; of involvement that a community
may take generally or on a pro ect by project basis.
1. Catalyst - The C ty provides the necessary time,
leadership and perhaps planning assistance in order that
the desired redevelopment happens through strictly
private financing.
2. `p rade Public Improvements - The City promotes a
face lift or an area through the utilization of selected
puhlic improvements that will either prompt or dovetail
with improvements in the private area.
3. Master Area Planning - The City develop a plan to
provide for an area's redevelopment
4. ^inancin /4 Undertaken External Redevelopment - Under-
take the face lift ft of the e p to —facilities together
with addition of not only traditional public
improvements but also public amenities such as boulevard
improvement, trees, benches etc. as found in some of the
redevelopments such as Glen Lake area in Minnetonka,
50th and Franc, in Edina etc.
5. Financin /euildin of Private Facilities - The City
��-- bu1Tdin , in the
help inaic new or replacement private gr
area in order to have a significant improvement in the
area. These are the types of activities that have
generally be found in Minneapolis, St. Paul, Lung Lake
ntr
r
6. Area Redesign and Redirection - This is where a
master plan'is developed and takes a new direction for
the area, changing what was perhaps a residential or
small commercial area and transforming it into something
different, such as a significant office, industrial
commercial or multipule residential hub. This often
entails the development of an entire group of buildings
and putting in and financing of the new direction.
Again this has been seen in areas principally older
areas such as the central cities.
"done of these levels are necessarily exclusive and can be used as
being appropriate within each areas.
B. Area Tarsetinq - As part of the strategy and in addition to
the Zeve-off involvement, the City needs to tLke a comprehensive
look at the areas in which it does want to become involved based
on criteria it feels appropriate but it would take public
involvement.
C. Means to Achieve
1. Financial Tools
- Tax Increment Districts
- Revenue Bonds
- Community Development Grants
- Special Assessments
- Community Redevelopment District
- Public Tax Monies
- Municipal State Aid
_ Private Donations
Economic/Private Development
- Stir Cities Program
- City Surplus Investment
D. Development of Redevelopment Policy
Non -Financial Tools
- Community Leadership
- Land Use Planning
- Amenable Zoning on
Subdivision Regulation
- Master Planning
- Strategic Planning/
Process
- Public Improvements
The following represent steps needed in development and
redevelopment policy.
I. DevQlopmnnt of general strategic direction
2. Setting goals and objectives policy
1. Target areas:
a. level of involvement
b. tools of development
C. implement redevelopment plans
4. Evaluation and redirection
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 30, 1987
HALL STUDY CONTINUED
City Council accepted the Administrator's information
on facilities consultant selection and tabled the matter
until the April 27, 1987 Council meeting.
NAVARRE
REDEVELOPMENT TASK FORCE
City Administrator Bernhardson stated that he addressed
the Westonka Chamber meeting on February 16, 1987 in
hopes of generating some interest on the part of
business people and property owners in the Navarre area
to serve on a task force to develop goals and objectives
for the Navarre area. He stated that he has not
received any response from that marketing effort other
than interest indicated by letter from Pastor Mulligan
of Grace Baptist Church, a resident who has had
experience in reaevelopment and a non -Orono resident who
frequently travels through Navarre.
Councilmember Sime stated that there seemed to be a
complete lack of interest by the businesses and without
their support, he found no reason to proceed.
Mayor Grabek felt a compromise could be accomplished in
order to uphold the value of the City.
Councilmember Goetten felt it would behoove the City to
work on possible redevelopment.
Council recommended that staff continuo to solicit
support for a Task Force to undertake the goals and
objectives portion of the Navarre Redevelopment Study.
1987-88 ADMINISTRATOR'S GOAL SBTTING/EVALUATION
City Administrator Bernhardson reviewed the
Administrator's 1987-1988 Goal Setting 6 Performance
Evaluation.
Council accepted the various documents from the
Administrator and tabled the 1987/88 Gcal setting
together with Council discussion of the Administrator's
second year performance until the April 27, 1987
Council meeting.
1986 POLICE OPERATIONS REPORT
City Administrator Bernhardson reviewed the 1986 Police
Department Financial and Operations Report.
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to accept the information regarding the 1986
Police Operations together with crediting 1986
underexpenditures to the 1987 billings for they co^tract
cities. Motion, Ayes 5, Nays 0.
12
AA
0*2
Tom Mayor and City council �NR 174 7
AA>rl�r Mark lernb-itdscat City adminiatcator.
4.. t
.. OF QR
DOs March 2, 19A7 '
SU*jnr Aftinistrator's Informationmeet
,
.• '
_ At
p2(iRMA7 12 TASRon, ICE
aof Orono'sspositio�non
y`h
resented theiCity
ayor • we t • p ro riate that
to then
hhereat we
ito
j.
the matter and indicated be sis+nitlCont
going
b• explored as t g 12
«�
the matter
increases in traffic in the Orono/Lon; Lake portion of Highway
be appropriate
y+
�,'+•�:
during the next 21 to 31 years and that it may
Additionally
ear
;.
-to study the alternatives.
particular option until thost
judgement on any pa
''�. ',Orono
is reserving
M.•e been explored. No further action came about as
r .
_.
alternatives
a result of this sooting.
*..r
+
t the final specifications colt to
OR STORE SALE - The City Put
Y'4if
os�"TnFir�&"i'e3 parties ublicati n the
t me changedMthe C10ain9['da►.•
t ..
allow the .appropriate publication not
March loth to March 25th. This
e;�i:dto in-
from Oct
•igniticent affect on the Council being
tacgst dot• [Or Closing
expeditious canner during April. The
still is by Kai 31., 1987.
DgERIW; ISLAMD - During the February 23, 1987 Council meeting it
was to be extended
was�pn9d that a new primary service going
of th{s and the history on the
to the island by NSp. Becaust
in the Attachment A an additional letter
island you will note As noted this is
was sent to Mr. ^cherber on March 3, 1987.
b or
i
that 96 letter to r.
activityan
pCity bedobserving any activity
ontthe same subject. The willtember
the island.
NAVARRE REDEVELOPMENT - At the westonka Chamber meeting ',old
15 redevelpmnl
r'-Eruar--Y-Ti—,'TIITINe subject of the County
the County 15 upgrade efe
discussed. At that presentation on
to those 75 peoplW in atterdence to
make & short presentation
indicate that the City was looking at the Navarre redevelopment
me by phone
and requested that anyone interested either contact
their willingness to poesibly serve on a Task
or by letter as to
Force regarding redevelopment. To date I have received no
for
should that
the cmailommercial
of tsenetto
proper y owners
th�seaeetinq wererssion
&ll
&tea of Navarre.
us
2s0 HOLLANDER ROADq: The
yHol lender filed eRoad durrt ingthe weekOf
for 290
the fr6.; iT3Tn9 a p r
March 3, 1957 and ate cuff"t lya await
Hol lands did
]'nl9/, Mr.eponse
Hollander. On a sooting held
he would be willing to tear down • .•
indicate to the City that
• B-2 Lakeshore Business Dist foci
31G ISLAND
B•3
B,4
B-5
Shomongl Centr�f Busmess D+strwt
Office .And ProfessK>nai 9u$wwss D+stnct
n -c.j 13. $ ne5a -+
Industrial
District
Adopted by Oirdina,
19'4
Eifective
ery �97 5
As aorrr ded by:
LIJ
Ordinance 1 `, erne 14. 197fi
V f e • .
Or.7rrance !i-4. y-•vpobpr ?',
197E
'd ..
Or^.inante h1. CK!,Ib-rLLJ 11,
197i
ore,.c
�
Ordina++ce 'fib, janua-y 9. 197p
Qw0inanee
Ordinance 213, Octntpr ?6,
197P
vz LP.-1C
Drdir,ance :"� tlDvnf-.be► 14.
228, Februory 11,
QrdL'1CnC0 236, JC"tar1 2
19i=
1900
r99i
INSERT
NAVARRE AREA DETAIL MAP
.-1" 2000 5000 ft. ._�
1i2 mi 1 rri a L 4 �.J-�
4•wN 4ones
IMNE. ANDERLIK & ASSOC- INC. REVISED:
0-0
ISBERG
RIESENBERG
CHELSETH and
ASSOCIATES
_t? 62l, 9i
TO: Mayor and City Council
FROM: Mark Bernhardson, City Administrator
DATE: June 29, 1988
SUBJECT: Orono School District Response
Attachment: A. Draft Response Letter Orono School District
B. Orc.•no School District Letter Dated 6-6-88
ISSUE - Determine what response, if any, the Council would like to make to
the request by the Orono School District as outlined in Attachment B.
INTRODUCTION - The Orono School District has recently entered into an
agreement with the owner of the Albin Thies property a parcel of 51 acres
in the southwest corner of Old Crystal Bay Road and County Road 6. It is
my understanding that the terms are such that the School District is
currently buying approximately 13 acres and has a 10 year lease on three
other 13 acre tracts.
The School District in entering into these agreementE would desire some
indication from the City as to the possible zoning and services on the
property.
DISCUSSION - As noted in the School District's request, they desire
substantial guaranties of zoning and services in the corridor, a guarantee
that this present Council may not want to place on its self or future
councils.
In addition, the actual acquisition of property and potential expansion of
school services may or may not be something that the Council desires to
comment on. Should it desire to comment on it, these may be the issues it
desires to address:
a. Increase in the amount of tax exempt property.
b. Reduction in residential developable land.
C. Increased capital expenditures.
Attachment A outlines a stuf; draft which should leave erough latitude for
Orono City Council (both E.resent and future) to exercise its realistic
rights, yet give the School District a realistic level of expectation as to
the Zoning ordinances in the property they are interested in acquiring.
Orono School District Respon3e
June 29, 1988
Page 2 of 2
ALTERNATIVES
1. Adopt.
2. Amend and adopt.
3. Table.
4. Decline to respond.
5. Take no action.
RECOMMENDATION - It is recommended that the Council approve transmittal of
the attached letter, perhaps adding other concerns that Council may have on
this property.
PROPOSED MOTION - Moved by _, seconded by _, that the Council direct
staff to transmit a letter to the Orono School District reflecting their
comments on the issues that they have been requested to respond to by the
District. Ayes , Nays
July 6, 1988
William Fenholt
Orono School District
Old Crystal Bay Road
Lono Lake, MN 55356
Re: Albin Thies Property
Dear Mr. Fenholt:
In response to your letter of June 3rd, 1988, the Council has directed
me to send you a letter outlining its current position in relation to the
issues raised in that letter which are as follows:
1. The use of this residentially zoned property for school facilities was
a conditional use in all residential zones under the present zoning
code.
2. Any place of development involving grading or building construction
activities may not only require the necessary conditional use permits
but may also require various other permits including but not limited
to building, grading, service hook ups and variances for any accessory
structures or uses for which no primary structure or use exists.
3. The property was assessed for 4 sewer units in 1967 plus water service
of which 2-3 were desijoated to the church when developed. Resolution
of any additional sewer units will be dependent on the City's
development needs and ability to upgrade the exinting lines in Long
L;, ke. Service connection of water may be dependent on the Long Lake
system or Orono system capacity. Anything over the present
anticipated capacity may necessitate an additional assessment.
4. This letter expressing the Council's intent is not binding on future
Councils. The City does agree that should the City consider amending
the current zoning of the property relating to school uses, that the
school district be advised prior to any amendment of the code.
To the extent that you have any further questions or comments, Elease
feel free to contact me.
Sincerely,
Mark E. Bernhardson,
City Administrator
MEB/tln
cc: Mayor Grabek and Orono Council Members
0 R 0 N 0 Scffo
685 (Ad C iN stal flay Road
Lung Lake, N1ntncwta 5535b
(hl') 473-731 z
1ndcpcndcnt School District 278
Mr. Mark Bernhardson,
City of Orono
Box 66
June 6, 1988
City Administrator
Crystal Bay, MN 55323
Dear Mark:
o c S kll:� L;.3 U V
i
JUN - 71988
William A. Fcnhult
Atiti't to the SuperintenJcnt
Recently Lucie Taylor, on behalf of the Orono School Board, spoke with
Jean Mabusth concerning the Board's interest in purchasing the 50.89 acres
adjoining County Road 6 and Old Crystal Bay Road (Thies property). The Board's
concerns, as explained by Mrs. Taylor, are zoning, conditional use permit, and
availability of sewer. For twenty years, City water has been available at the
High School across the road and we assume water is no problem.
The school has no plans to build on this site in the near future,
particularly if the use of Maple Plain school is regained. However, the land
would be ideal for long-range expansion of the campus. The use of at least part
of the site for playing fields in the years immediately ahead, however, is a
distinct possibility.
Nevertheless, the School Board, in purchasing this tract of land, would feel
more comfortable if the City of Orono would sign , 'Letter of Understanding at
this time regarding the future development of this site by the Orono School
District.
Accordingly, I have drawn a very brief document which sets forth the points
made by Jeanne Mabusth in her conversation with Lucie Taylor. If it appears
satisfactory to you, we would ask that you and/or the proper city officir
sign both copies, returning one to us.
If there is any question about this matter, please contact me.
Sincerely,
William A. Fenholt
Ass't. to the Supt.
WAF:jm
Enclosure
%mink . Independence- I ong Lake —Maple Plain NlLdina- Minnetonka Brach Orono
An Fyual OM;ituntty Etitphvicr
LETTER OF UNDERSTANDING BETWEEN THE CITY OF ORONO AND ORONO I.S.D. #278
Concerning the purchase of 50.89 acres of land adjoining Crystal Bay Road
and County Road 6 (specifically P.I.D. #28-18-23-43-0002 and 28-118-23-43-0003)
by Orono Independent School District, the City of Orono takes the following
position:
1. The school use of the property is permissable use within a residentially
zoned area and the above land is so zoned.
2. The school, in the event of land development or construction, would need
a conditional use permit through normal channels (planning commission
an,4 cuuncil). There would be questions concerning siting of building
or facilities, set barks, parking, drainage, etc.
3. The property has been included in the sewer count by the city, and the
owners have been previously assessed for sewer and water. There would
be no problem for the school to access both sewer and water systems.
Date Signed
Title
Signed
Title
19
TO Mayor and City Council
FROM: Mark Bernhardson, City Administrator
DATE: June 7, 1988
SUBJECT: 1989 Budget - Preliminary Guidelines
Attachment: A. City of Orono Statistical Estimate - 6/88 Update
(To be sent week of 7/11)
ISSUE - Presentation for Council policy comment, the preliminary
guidelines for the 1989 budget together with the expectations on
which those guidelines are based.
INTRODUCTION - In the past the Counri 1 has been presented with
the budget for its consideration in late August or early
September reacting to it within a short period of time. This
year a different approach is tried with the anticipated
projections together with the preliminary guidelines are
presented to Council for their review and comment. This will
allow the Council early input to the process together with the
opportunity to think about the issues substantially in advance of
the budget being presented for Council review and adoption.
DISCUSSION -
ECONOMIC OUTLOOK
On a nati )nal basis the economy has continued through the first
half of 1988 to be much stronger tnan anticiptated and this
economic strength despite the financial crash in October of 1987,
is expected to continue through 1988. There has been a continued
weakness in the financial sector. This is in part due to
substantial pressure from bailouts of Banks and Savings and Loans
together with the ongoing Federal budget deficit which will
continue to cause recessionary concern. The trade deficit has
shown a significant change but perhaps not enough to stabilize
financial markets or continue to keep the dollar which has been
steadily strenghtening the last few months, at its present levels
or higher. Inflationary pressure during '88 will continue, but
should not push the overall inflation for 1988 above 4 1/2t. (The
1988 budget was based on a 3% anticipated inflation.) Continued
inflationary pressure will come particularly from imports and if
1
the present drought holds, through increased food prices due to
the drought. bath in the Midwest and karts of the South.
Unemployment wi.l remain at or slightly below the present levels
and interest rates should stay at present levels with a
possibility of a decrease during the last half of 1988.
Nationally for 1989, however, is expected to be a different
story. The forces of an inflation, import costs, drought and
budget deficit, will put the national economy into a no growth to
possibly a recessionary stance by mid year. As the nation enters
a mild recessionary period it is anticipated that the
inflationary pressures should lessen although interest rates may
go up as the financial markets are readjusting in anticipation of
how the Federal deficit will be dealt. With the recession will
come an increase in unemployment. Although the Presidential
elections will occur in the later part of 1988 with a new
President in 1989, the impact of that President in relation to a
significant departure from the current economic policies, will
probably not be felt until late 1989 into 1990.
In Minnesota, 1988 has been a "landmark year" at the Legislature.
They have created complete property tax chaos through their
substantial changes in the system. They have gone from a system
that was comprehended by only a few in the State, to one that is
not comprehended by anyone in the State. The ramifications are
hard to predict at this point for 1989 and almost impossible for
1990. The only sure directions for the City of Orono in relation
to the outcome is that the City is part of the "2% Local
Government Aid Club". These privileged members will see a 28
increase in their total Government Aid for 1989 (28 Club are
those that got the minimum increase in State aids while some
communities will get upwards of 50-70% increases.) In addition,
the City is faced with a restrictive 48 levy limit, which will
translate into less than a 1/2 of 1% increase in total taxes (It
should be noted that communities under 2,500 population had their
levy limits removed.) Despite the 4% levy limit that the City is
under, the change in classifications for 1990 to a proration of
the tax plus the mandating of a 128 mill tax rate (up from the
current Orono total of 115) will yield an anticipated property
tax increases in the community of Orono of 11 to 16%, with little
increase in actual spending by at least the City. An additional
change will be the truth in taxation requirements subject for the
1990 budget which will substantially alter the process the City
has gone under for the budget as far as timing is concerned.
2
In Minnesota economically the drought should not have as
substantial effect in the Metro area as it will Outstate. To the
extent that those in the farming community have had a surplus on
hand and the drought will raise prices. The lack of a crop may
partially offset by this factor. It will however, probably result
in a downturn in revenues from the outstate area requiring the
1989 Legislature to deal with decreased revenues which will be
exascerbated by a 1989 recession. If in line with past direction
the Legislature will end up raising the money through tax
increases in the Metro area starting the second half of 1989 and
into 1990. Unemployment in the Metropolitan area will raise up
from the present 10 year low at 2.8%.
In the City of Orono, the strong building boomlet (69 homes) that
was experienced last year will be back to 1986 levels (45 homes
this year. The limited supply of developable lots has resulted
in a noticable increase in subdivisions this year, and therefore
should not be a factor limiting the continued rate of new
residences. Development along Highway 12 and any redevelopment
along County Road 15 may have a substantial impact on the City's
rate of increase in new housing. Interest rates, to the extent
that they remain at or telow the current levels, should not have
an impact on the level of building activity. However, a market
increase of 1 to 2 percentage points above the current rate could
well slow development. The market values of properties in the
community will continue to increase especially for those around
the lakeshore. The Board of Review next year is expected to be
well populated because of the increase in local taxes due to the
188 Legislative changes that people will see in the first half of
1989 together with :he substantial increase in selected property
values in the community based on increased sales prices. It is
not anticipated that the 1989 recession will have a great impact
on activity in the City of Orono apart from building activity
until 1990.
E
PRIMARY GOALS 1989 BUDGET
The following represent the preliminary guidelines for budgeting
1989:
- Retention of existing service levels
- Undertaking the redevelopment in Navarre
- Adoption of the initial capital budget to serve as
a framework for budget decisions
- Implementation of the financial strategy guidelines
to assist in policy decisions
- No additional programs
- Strengthening of the City's Clerical/Administrative
area
- Determination of facilities direction
- Development of a levy limit "cushion"
- Levy for 1989 various County Road 15 development and
related costs
- Performance incentive system
- Necessary capital expenditures related to Highway 12
development
- Control of legal costs
REVENUES - The following are the specific objectives within the
revenue area:
PROPERTY TAX REVENUES - Levy the maximum 4% p ius growth
(1.5% estimate) allowed under the levy limit (which
translates to less than 1/28 increase in total property tax
for the residents) as a means to retain a cushion for future
years even if the entire 5.5% is not needed. This limit
i:i%:'Audes the 2% increase in local government aids.
- FEES AND CHARGES - It is recommended that these generally
be increased in the range of 4 to 5% subject to a selected
review by department heads. It is anticipated that for 1988
there will be a slight downturn in revenues and a
substantial downturn in selected particularly in the
building area in 1989 absent substantial development on the
Highway 12 or Cou:.ty Road 15 areas.
INVESTMENTS - It is anticipated that the City will
again average about 7• both for short term and long
term notes.
4
INTER -GOVERNMENTAL - Despite the 2% increase in the
inter -governmental revenues it is not anticipated
that there will be any significant change for 1989.
UNDESIGNATED CITY RESERVE - It is recommended that as
an effort to build up a cushion under the levy limits
that a significant amount from the City's
undesignated reserve be placed in a catagory for
possible expenditure in order to develop a cushion.
This does not mean that it will necessarily be spent,
but the City can then in 1990 request the reserve
used in 1989 be put in as an increase to its base for
1990.
EXPENDITURES - Based on anticipated inflation rate of 4 1/28 for
1989 general wages are recommended to increase at 38 plus other
adjustments for people moving through the steps and the ongoing
adjustments in comparable worth. It is expected that there will
be selected increases above a 4% particularly for items such as
oil and health insurance. Early indications are that health
insurance will be increasing in the range of 25-30% for '89
followed by increases of as much of 100% over the 188 <ates by
the year 1991. Specific expenditure objectives are:
- Having City work to develol. the necessary levy limit
cushion for the future.
- Undertake appropriate expenditures that will result
longterm in a more effective delivery system.
- Initiate the improvement of city facilities.
SUMP"Y
Financially 1989 will be an interestinq year with a slight
tapering of the activity from '88. This should not however
translate at this time to any decreased demand for personal
services. 189 should also be a year that the Counci 1 will have a
broader framework of financial and other information within which
to make its necessary policy decisions. It will probably be even
more challanging in 1990 when the City will be faced with a 3%
levy limit restriction for finan-ing.
5
ALTERNATIVES -
1. Comment and accept
2. Recommend changes including any additions, deletions or
modifications of projections or guidelines.
3. Table
4. Take no action until budget time.
RECOMMENDATION - It is recommended that the Council make *heir
comments and ideas regarding the projections and goals for the
1989 budget at both the July llth and the July 25th meeting and
any appropriate time in between.
PROPOSED MOTION -• Moved by _, seconded by _, that the Council
gives staff their comments and ideas in relation to the '89
budget. Ayes _, Nays
i
62988.9
TO: Mayor Grabek 6 City Council Members ; E" �'TIHG
,ta ,: .
PROM: Ma- :.loon, City Administrator
��Jl. 11
DATE: June k5, .988
80BJEC?: Water Conservation - Regulations and Guidelin rf t")F 0Rj1.6
Attachment: A. Draft Newspaper Article
ISSUE - Presentation of information regarding water conservation efforts to
date.
INTRODUCTION - At the Council's June 27th, 1988 meeting, they directed
staff to undertake various voluntary efforts to sensitize the community on
the issues of water conservation.
DISCUSSION - As noted in Attachment A, the article has been distributed to
the local newspapers and will also be included in the Mayor's article.
The staff is intending to bring back a recommendation regarding further
regulatory steps it may take at the July 25th, 1988 Ccu =il rAeting.
ALTERNATIVES -
1. Accept information.
2. Amend and accept.
3. Direct alternatives to staff action.
4. Table for further discussion.
RECOMMENDATION - It is recommended that the Council accept the information
real zing that staff is working on further regulatory means for Council
consideration at its July 25th, 1988 meeting.
PROPOSED MOTION - Moved by , seconded by _, that the Council accept the
informat on regarding efforts to gain voluntary compliance with
conservation. Ayes , nays
Water Conservation Advisory City of Orono
With our abundance of water resources together with other
natural amenities found in the City of Orono it is often
difficult fur us to begin conserving on items that we take for
granted. The City of Orono which operates its own municipal
system has residents served by water systems from Wayzata and
Long L2ke. The majority of the community however are on private
wells. Orono has not experienced any significant problems with
its own sy-item. (At present the City of Wayzata does have an
odd -even sprinkling ban in effect for its users which would also
apply to Orono users.) With two dry years back to back as
evidenced by the low lake level in Minnetonka, the City of Orono,
is requesting its residents to voluntarily undertake at least an
odd -even sprinkling ban not for those on municipal water, but
also for private wells or from lake sources. -he water to it in
the lake or in the aquifer is a precious resource and to the
axtent that it becomes abused may cause a problem for all of us.
The
City further request the
residents limit their
watering
at this
time to concentrating on
shrubs, and flowers
plus new
sod and
new trees letting their grass
grow dormant as
watering
efforts
may actually be injurious
to the long term health
of the
lawn. Should
this drought deepen it
may be appropriate
to begin
watering the taller trees in order to keep this very strong
,natural
amenity in good condition.
The water we have although abundant i 3 limited resource
and the City of Orono request your cooperat i,. protecting the
resource not only in the aquifer but in our makes and wetlands.
The City would appreciate any comi.,ents that you may have
regarding this advisory or more stringent measures t,at the City
may need to undertake regarding water conservation should this
drought continue. In addition to this advisory those Perved b,,
Long Lake or Wayzata municpal system shoui.. abide by whatever
restrictions those cities have in place.
(::-7l
To:
Mayor Grabek & Orono Council Members
rtNG
From:
John R. Gerhardson, Public works Director
Date:
July 7, 1988 IS
Of
O '. s+
Subjects
*)riveway Permit Ordinance
On June 13, 1988, Draft O1 of the Driveway Permit was presented to
Council for review. Minor changes were completed by staff and Draft 02 was
presented at the June 27, 198F Council for review.
Council directed staff to review the ordinance to allow for a shared
driveway for more than one parcel of land. In addition, the title of the
ordinance has been changed from driveways to private Improvements on public
and private roads and rights -of -way. 'Those changes have been highlighted.
RECOMN 'NDATION - To approve the attached Private Improvements on Public and
Private Roads and Rights -of. -way Ordinance.
PROPOSED MOTION - Moved by , seconded by , to approve Ordinance
0 , Second Series, an ordinance amending Section 6.01, 6.05 and 6.06 of
the City of Orono Municipal Code relating to improvements on public and
E.rivate roads and rights -of -way. Ayes I. nays
DRAFT
6/23�98
ORDINANCE NO.
G.:IINANCE AMENDING SEC.'ION 6.01, 6.05 and 6.06 OF THE
CITY OF ORCNO MUNICIPAL CODE RELATING TO
IMPROVEMENTS ON PUBLIC AND PRIVATE ROADS AND RIGHTS OF WAS'
'rH" ITY OF ORCNO DOES ORDAIN:
;eCLI.o. E.01, Subdivisions 1, 2, 3 and 4 of the City of Orono
Municipal Code :.re hereby deleted. A new section 6.01 is added to
read as
Section 6.01 DEFINITIONS.
1. Except an c defined in the City Code,
ext clearly inc -s a contrary intent, the
->r s arn: : is defined in Minnesota Stat-, . s, Chapt-r 169 shall
,i, nlicab t to tY:,F� (ity Code, Chapters 6, 7 and S. The
inq worsts .end terms, when used in this Ordina,�n_c , shall have
t(II' meanings, unler- ', 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 *^*-,went -dqe for the purpc-qu of motor vehicle
ingress and egress from a roadway. Curb cut width shall
'.nelude the width of the drivewav approach and of the
.:orb 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 '.y on commercial or industrial type
pavements and which connects the driveway approach to the
public or private road curb.
t 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 pi :r.ty,
intended to provide ingress and egress for vehicles from
a private or public road to private property. A driveway
approach must provide access to 3 parking area, a
driveway, a door intended and used for the entrance of
vehicles, or other similar struct-re or facility.
Driveway rpproaches shall be of two classes: a) resident
driv way approaches; and b) business driveway approaches.
F. "Hu5'ness Driveway Approach" means a dr.veway
approach from -eny public right-of-way proviCing motor
vehicles with ingress and egress from the pl.hlic or
private road to any property other than • je family
dwelling.
-2-
G. "Resident Driveway Approach" means a driveway
approach from any public or private right-of-way
providing ingress and egrews 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 ;oize for an automobile or other vehicle to
turn 180 degrees •'.1-hout 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 Qontiguous 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
rt .ntained 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 .,hall include, but not h^
limited to, roadways, boulevards, s_'nwalks, alleys, and
other public property between lat cal 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.
-4-
Section 6.05, Subdivision 1(A) and Subdivision l(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 Alin RECONSTRUCTION OF PUBLIC ROADWAY
SURFACING, SIDEW)MV71CM AND GUTTER, DRIVEW OR CURB S.
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,
driveway approaches, driveway turnarounds, 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 ti-::e 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, driveway turnaround, curb
cuts, roadway surfacing or any other private improvement in any
public road or other public 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 installed by the
Council. Such application shall also contain information showing
-5-
the type of construction, the width and the location of an
improvement on the parcel of land and the lot and block number cr
the parcel number and the street and house number and a profile of
the proposed improvement, if nec-ssary, 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, driveway turnaround, sidewalk, curb and gutter,
driveway, curb cut, roadway surfacing or private improvements in
any public 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 ",-.mit. 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,
driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway
surfacing or private improvement in any public road or other
public oroperty in the Cit} as requested or with stipulated
changes. Tree Public Works Director shall have the authority to
refuse to issue a oermi'_ when, in the judgment of the Public Works
Director, the requested construction would impose 3n unreasonable
- 6-
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 term; of this Ordinance shall be revocable by
the Public works Director pursuant to the rocedure set out below
in Section 6.05, Subd. 6, "Authority of P.iblic 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 riyht to revise, relocate or close any sidewalk,
curb and gutter, driveway, driveway approach, driveway turnaround,
curb cut or private improvement in any public road or other public
property in the City aL 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.
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
L
to make the necessary rules, regulations and specifications with
respect to materials for and method of construction of a sidewalk,
3
curb and gutter, driveway, driveway approach, driveway turnaround,
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
_hat the construction or activity authorized by the permit is not
being performed according to the terms of the permit or tb.s
Ordinance.
B. Notice of such revocation, with a des ription
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.
i
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, dri-eway turnaround, driveway approach, curb cuts,
roadway surf.acinq or private improvement in any public road or
othe- 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. Col truction Requirements Generally. In
addition to the r:ales, regulations and specifications as outlined
by the Public W�-t k!s 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.
-9-
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 if 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.
B. No curb cuts stall 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 ow-er
involved. Said consent, if necessary, shall be
submitted to 1- 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 maintenar.ce. The
-10-
s
constructed public road shall not be e:c:,,
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
st 2s, catch basins or other structures, if at
all possible. If there is no other feasible
location for the driveway, it shall be the
responsibility of the applicant to set the curb
stop, catch basin cover, or any other structures
flush with the final driveway surface.
F. The owner and contractul shall protect the
public from injury or damage during the
construction of the A dewalk, curb and gutter,
driveway, driveway approach, driveway
turnaround, curb cuts, roadway surfacing or
private improvement in any public street o-
other public property in the City and any pet.*
issued pursuant to this Ordinance shall contain
the agreement of the applicant that the City
a
shall nct be liable for damage which may arise
from the result of work, and that the appli^ant
will hold the City harmless for any liabilitv
incurred by the C1'_y as a result of such
activity.
G. Trees or shrubs st.all not be placed adjacent to
a driveway sv as to constitute a site distance
problem.
H. If a parcel of land has frontage on ')oth a
cul-de-sac portion and a "lead-in" portion of
the public road, the driveway sha " be
ccnstru;.ted off the "lead-in" portion of the
public road and not the cut--de-sac.
Subd. 9. Resident Driveways, Approaches and Turnarounds.
A. One driveway approach shall be allowed from up
to two single rF 7ential parcels of land to the
same public roa, i-ided that appropriate
Pasemet,ts exist between parties sharing the
driveway and driveway approach. Pt.rcels having
frontage on more than one public road shall L.-
allowed a driveway approach to one public road.
B. Residential driveway approach -,hall not exceed
20 ': t in width at the intcr.,ected right-of-way
I
C. The total width of driveway approaches to up to
two single parcels of land from a single public
road shall not exceed 20 feet.
D. A curb cut shall not exceed the width of tthe
driveway approach at the property line by more
than 10 feet.
E. No portion of a driveway approach, except the
curb return, shall be constructed within
100 feet of a corner.
F. ror res_dences hereafter-onstructed, the
driveway approach and that part of t:ie drive
and turnarounds w^ich drain to the public _oad
shall he paved wii.r bituminous concrete blacktop
,r equivalent paving. dhere it has been
determined by the City's Public Works Director
that an existing driveway a.::/-r driveway
approach is causing a maintenance problem on the
public road, including, but not limiter: o, the
washing r1f dirt and gravel into the public rood,
-13-
the Public Works Director shall order that the
property owner pave such portion of the driveway
and/or driveway approach as iT necessary to
remove the maintenance problem. Portland cement
concrete will only be allowed from the dr:,eway
up to the public rl,:ht--of-way. This requirei.ent
shall r..t he construed to reduce paving
otherwise required by performance s+andards in
the 'Zoning Code or
required as a condit_on to the granting of a
Conditi it Us- Permit, lot bivigion,
s!:'%divisiun cr as designated in the appruved
site plan.
G. Driveway turnarounds shall ue required cr.- Al
driveways or driveway appr,�-fiches entering onto a
State highway, County roar' or collector roadway
as do •:mined in the Compref.ensive Plan, and on
a,i - rar o public roads ''*hin the City
where deer+P- , a:y by t.,e P, . , - Works
Di--it-tor, ba-Sed or. traffic counts, sight
..rstances, street gradf•_s ana otheL relevant
factors. If a drivt:+ny t:r^.aroun is required
uy the Public works L,. r,. -A,sr , such r-aquireme.nt
shad to staLtd on any permit issi, A by ` im or
her pursuant to this .,.r"_ nano*.
-14-
Subd.10. Business Driveways, Approaches and Turnarounds.
A. Only one business driveway shall be allowed per
development unless a greater number of driveways
are appi by the City, or approved as part of
the sits i review. The business driveway
approach s+-if not exceed the width of the
7
access road or 32 feet at the property line,
which ever is less in a business or industrial
district. The curb cut shall nct exceed the
width of the driveway approach at the property
line by more than 20 feet unless approved as
part of a site plan. In a residential district,
the curb cut shall not exceed the width of the
driveway approach at the property line by more
than 10 feet unless approved as part of thsite
plan.
B. All business driveways and driveway approaches
shall be paved with asphaltic concrete or
equivalent material. Portland cement concrete
will only be allowed outside of the public road
right-of-way.
I
C. Loading docks, ramps and vehicular entrances
shall be located in such a manner that backing
onto and maneuvering within the public road
right-of-way is eliminated and in such a manner
that driveways greater in width than that
specified ty this c .pter shall nit be required.
D. No portion of a driveway approach, except the
curb return shall be constructed within 100 feet
of a corner in a business, commercial or
industrial area, or within 100 feet of a corner
in a residential district.
E. Driveway turnarounds shall be required on all
driveways or driveway approaches entering onto a
State highway, County road or a collector
roadway and on all entrances to public roads
within the City were deemed necessary by the
Public Works Director based upon traffic counts,
sight distances, street grades and other
relevant factors. Such requirements shall be
stated on any permit issued by the Public works
Director pursuant to this ordinance.
F. Driveways must be 10 feet from the side property
line of a parcel of land except if driveway is
shared by two parcels of land..
-16-
Subd.11. Maintenance and Removal. Every driveway
approach or entrance to abutting property shall be maintained and
kept in a safe condition by the owner of the abutting property or
by the Homeowners' Association, and any such driveway approach
which shall .lot be so maintained and kept in a safe condition or
which shell interfere with or obstruct the drainage carried by the
ajoining public road or interfere with or obstruct the use of the
ajoining public road for purposes of travel shall be repaired to
conform with the specifications of this ordinance and the City's
requirements, or it shall be removed by the owner of the abutting
property Or the Homeowners' Association.
Upon removal of such driveway approach, Lhat portion of
the street or right-of-way occupied by the owner or Homeowners'
Association shall be restored to its former condition and all
curbing shall be replaced to its former condition oy the owner or
Homeowners' Association of the abutting property at their
expense. If such removal and restoration is not accomplished
within ten (10) days of the receipt by the abutting property owner
of written notice of the City to remove the driveway approach and
restore the public road, curbing and right-of-way to its former
condition, the City shall remove the driveway approach and restore
the public road, curbing and right-of-way and assess the cost of
such removal and restoratinn against the abutting property. The
property owner may appeal the order to remove and restore in the
;7-
manner set forth in Section 6.05, Subd. 3 of this ordinance.
Further time for removal and restoration may be authorized in
writing by the Public Works Director
Subd.12. Regulatory Signs. The City shall require the
erection of regulatory signs adjacent to a driveway serving two or
more parcels of land, at its intersection with a public road. The
sign shall be rirchased, erected and maintained by the property
owner. If the property owner does not have the sign erected
within a reasonable length of time, the City shall erect the sign
and bill the property owner for all costs.
Subd.13. Specifications and Standards. All construction
and reconstruction of roadway surfacing, sidewalk, driveway,
Driveway turnaround, curb and gutter improvements, including 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.19. Inspection. The City shall inspect such
impruvements 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
-is-
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.
-19-
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.
Subd. 1. Methods of Procedure. Abutting or affected
property owners may contract for, construct or reconstruct private
roadway surfacing, sidewalk, curb and gutter, driveway, driveway
turnaround, driveway approaches or curb cute in accordance with
this Section.
Subd. 2. Requirement and Application for Permit. It is
a misdemeanor to construct or reconstruct a sidewalk, curb and
gutter, driveway, driveway approach, driveway turnaround, curb
cute, roadway surfacing or any other private 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 forme approved and provided by the City and shall sufficiently
describe the contemplated improvements, the contemplated date of
beginning of work, ane the length of time required to complete the
same, provided that no permit shall he 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 or the parcel „umber and the street
and house number and a profile of the proposed improvement, if
-20-
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, driveway turnaround, 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 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
C'.ty, State, County and private 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,
driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway
surfacing or private improvement in any private road or other
private 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 unreasonable
hazard to the public. Such decision may be appealed in writing by
the applicant to the City Council. The City C +t shall have
the power to affirm, reverse or modify the dect _: the Public
Works Director.
-21-
Subd. 4. Permit Fees. The fees for permits for the
construction of improvements as outlined ibove, shall be as set
forth in the City's Fee Schedule which .nay be amended from time to
time.
Subd. S. 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 ;et 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 City Council and City
shall have the right to revise, relocate or close any sidewalk,
curb and gutter, driveway, driveway approach, driveway turnaround,
curb cut or private improv!C.�.,c in any private road or other
private 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.
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 end
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, driveway turnaround,
curb cut, roadway surfzcing or private improvement in any p.-.ate
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 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.
-23
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.
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, driveway turnaround, 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 .o the Public Works Director for nis or her
approval before a building permit shall be issued.
Subd. B. 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
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 7udgmert ,f the
74-
Public Works Director to a right angle to the
pavement of the private road.
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 he prc:+rded and
installed by the owner as required by the Public
1 ,-
Works Director.
E. Driveways shall not be constructed over curb
stops, catch basins or other structures, 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, catch basin cover, or any other structures
flush with the final driveway surface.
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, driveway
turnaround, curb cuts, roadway surfacing or
private improvement in any private road or other
private 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 damaqe 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 o: shrubs shall not be placed adjacent to
a driveway so a� to constitute a sit• 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.
Su.d. 9. Resident Driveways, Approaches and Turnarounds.
A. One driveway approach shall be allowed from up
to two single residential parcels of lend to the
same private road provided that appropriate
easements exist between parties sharing the
driveway and driveway approach. Parcels having
frontage on more than one private road shal'. ne
allowed a driveway approach to one private road.
H. Residential driveway approach shall net exceed
70 feet in width at the intersected right-of-way
line.
C. The total width of driveway approaches to up to
two single parcels of land from a single private
road shall not exceed 20 feet.
r 2'7-
D. A curb cut shall not exceed the width of the
driveway approach at the property line by more
than 10 feet.
E. No portion of a driveway approach, except the
curb return, shall be constructed within
100 feet of a corner.
F. For residences hereafter constructed, the
driveway approach and that part of the driveway
and turnarounds which drain to the private road
shall be paved with bituminous concrete blacktop
or equivalent paving. Where it has been
determined by the City's Public works Director
that an existing driveway and/or drive -ay
approach is causing a maintenance problem on the
private road, including, but not limited to, the
washing of dirt and gravel into the private
road, the Public Works Director shall order that
the property owner pave such portion of the
driveway and/or driveway approach as is
necessary to remove the maintenance problem.
Portland cement concrete w111 only be allowed
from the driveway up to the private
right -nf -way. This requirement shall not be
.,a-
construed to reduce paving otherwise required by
Performance
standards in the Zoning Code or required as a
condition to the granting of a Conditional Use
Permit, lot division, subeivision or as
designated in the approved site plan.
G. Driveway turnarounds shall be required on all
driveways or driveway approaches entering ont( a
State highway, County road or collector roadway
as determined in the Comprehensive Plan, and on
all entrances to private roads within the City
where deemed necessary by the Public works
Director, based on traffic counts, sight
distances, street grades and other relevant
factors. if a turnaround is required by the
Public works Director, such requirement shall be
stated on any permit issued by him or her
pursuant to this ordinance.
Subd.10. Business Driveways, Approaches and Turnarounds.
A. only one business driveway shall be allowed per
development unless a greater number of driveways
are approved by the City, or approved as part of
the site plan review. The business driveway
29-
approach shall not exceed the width of the
access road or 32 feet at the property line,
which ever is less in a business or industrial
district. The curb cut shall not exceed the
width of the driveway approach at the property
line by more than 20 feet unless approved as
part of a site plan. In a residential district,
the curb cut shall not exceed the width of the
drivew.. approach at the property line by mote
than 10 feet unless approved as part of the site
plan.
B. All business driveways and driveway approaches
shall be paved with asphaltic concrete or
equivalent material. Portland cement concrete
will only be allowed outside of the private road
right-of-way.
C. Loading docks, ramps and vehicular entrances
shall be located in such a manner that backing
onto and maneuvering within the private road
right-of-way is eliminated and in such a manner
that driveways greater in width than that
specified by this chapter shall not be required.
-30-
D. No portion of a driveway approach, except thr
curb return shall be constructed within 100
of a corner in a business, commercial or
industrial area, or within 100 feet of a can
in a residential district.
E. Driveway turnarounds shall be required on all
driveways or driveway approaches entering onto a
State highway, County road or a collector
roadway and on all entrances to private roads
within the City were deemed necessary by the
Public Works Director based upon traffic counts,
sight distances, street grades and other
relevant factors. Such requirements shall be
stated on any permit issued by the Public Works
Director pursuant to this ordinance.
F. Driveways must be 10 feet from the side property
line of a parcel of land except if driveway is
shared by two parcels of land.
Subd.11. Maintenance and Removal. Every driveway
approach or entrance to abutting property shall be maintained and
kept in a safe condition by the owner of the abutting property or
by the Homeowners' Association, and any such driveway approach
which shall nit be so maintained and kept in a safe condition or
which shall interfere with or oLatruct the drainage carried by the
-31-
ajoining private road or interfere with or obstruct the use of the
ajoining private road for purposes of travel shall be repaired to
conform with the specifications of this ordinance and the City's
requirements, or it shall be removed by the owner of the abutting
property or the Homeowners' Association
Upon removal of such driveway approach, that portion of
the private road or right-of-way occupied by the owner or
Homeowners' Association shall be restored to its former condition
and all curbing shall be replaced to iLs former condition by the
owner or Homeowners' Association of the a�utting property, at
their expense. If such removal and resto. 's not
accomplished within ten (10) days of the n•-.o by the abutting
property owner of written notice of the City to remove the
driveway approach and restore the street, curbing and right-of-way
to its former condition, the City shall remove the driveway
approach and restore the public road, curbing and right-of-way and
assess the cost of such removal and restoration against the
abutting property. The property owner may appeal the order to
remove and restore in the manner set forth in Section 6.06,
Subd. 3 of this ordinance. Further time for removal and
restoration may be authorized in writinq by the Public works
Director.
Subd.12. Regulatory Signs. City shall require tMe
erection of regulatory signs adjacent to a driveway serving two oiimn
more parcels of land, at its intersection with a jMate ro►d.
The sign shall be purchased, erected and maintained by the
property owner. If the property owner does not have the sign
erected within a reasonable length of time, the City shall erect
the sign and bill the property owner for all costs.
Subd.13. Specifications and Standards. All construction
and reconstruction of roadway surfacing, sidewalk, driveway, curb
and gutter improvements, including curb cuts and driveway
approaches, and driveway turnarounds, 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. 14. 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 L and 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.
MEH:ply/7590H
J3_
INTEROFFICE MEMO C21A
DATE: July 6, 1988
TO: Mark Bernhardson, City Administrator
FROM: Melvin Kilbo, Chief of Police C91AA'
£/'// Ni
RE: Draft Ordinance - Teen Drinking Parties ,
As a part of the Department's program to control t"bb%dgqp� drinking
parties in our jurisdiction, I am requesting passage oi�fd ordinance
4.17, Subd. 9, to allow officers to charge those persona t up
or allow parties to take place. we have used the amendments passed
previously and have been sending letters to parents advising them their
children were picked up at drinklnc parties. we are also sending
letters to parents where cars have been parked in the area. we have
had splendid results, many parents were not aware their children
were at a drinking party.
City Attorney from Long Lake took this draft to Council on July 5th
for their consideration. City Attorney Gary Phleger will be
talking to the Spring Park Council as to their interest.
I hope the Council can assist the Police Department in their program.
TO: Mayor 6 Council
FROM: Mark Bernhardson, City Administrator
Atte.nment a. Orono Code Section 4.17
b. Ordinance Amendments - Noisy Parties memo, dated 5/5/88
c. Final Report -Drug/Alcohol Awareness, dated 6/8/88
As a followup to the work done earlier, it is recuested that the follow-
ing be adopted in order to charge those in control of a house or other
premises who they allow consumption of alcoholic beverages by underage
individuals.
In addition is attached a reoort from Officer English related to the
Department's efforts on drugs and alcohol and the reaction of those
in the schools.
Alternativ
1. Adopt
Amend and Adopt
3. Table
4. Choose Not to Adopt
ORDINANCE NO. , SECOND SERIES
AN ORDINANCE AMENDING SECTION 4.17 OF ORDINANCE 32 OF THE SECOND
SERIES REGARDING PERMITTING THE CONSUMPTION OF ALCOHOL BY MINORS.
The City Council of the City of Orono ordains:
Ordinance Chapter 4, Section 4.17, Subdivision 9, adopted
March 17, 1987, and entitled "An Ordinance Relating to Intoxicating
and Non -Intoxicating Liquor, Licensing, and Regulation" is amended
to read:
Subd. 9
It is unlawful for any person over the State established legal
drinking age who is present on and either owns, rents. resides
in, or is otherwise responsible for a premises to knowingly
permit or allow a person who has not attained the State established
legal drinking age to consume intoxicating liquor or intoxicating
or non -intoxicating malt liquor in any quantity for any purpose on
such premises, unless in the household of the person's parent or
legal guardian and with the consent of the parent or guardian.
It shall be incumbent upon the person(s) responsible for such
premises to ascertain the ages of all individuals who are on the
premises and who are allowed or permitted to consume intoxicating
liquor or non -intoxicating or intoxicating malt liquor.
This ordinance becomes effective upon adoption and publication on
Adopted by the City Council of the City of Orono on the llth day
of July, 1988 by a vote of _ ayes and _ nays.
Mayor, City of Orono
ATTEST
Dorothy M. Hallln, Clerk
Recommendation
It is recommended the attached ordinance language be adopted.
Proposed Motion M_2nd_ The Orono City Council Adopts
Ordinance No. as an amendment to Section 4.17 of Ordinance
32 of the second aeries regarding permitting the consumption of
alcohol by minors.
SRC. 4.17. General Prohibitions for purposes of this
section, it is unlawful to:
NON -INTOXICATING 14ALT LIQUOR
Subd. 1. Person other than the parent or legal
guardian to procure non -intoxicating malt liquor for any person
below the State established legal drinking age.
Subd. 2. Person under the State established legal
drinking age to consume non -intoxicating malt liquor unless in the
company of his parent or guardian.
Subd. 3. Person under the State established legal
drinking age to have in his possession any non -intoxicating malt
liquor with intent to consume the same at a place other than the
household of his parent or guardian. Possession of such non -
intoxicating malt liquor at a place other than the household of his
parent or guardian shall be prima facia evidence of intent to
consume the same at a place other than the household of his parent
or gauadian.
Subd. 4. Licensee or his employee to sell or serve non -
intoxicating malt liquor to any person under the State established
legal drinking age, to consume non -intoxicating malt liquor on the
licensed premise, or to permit any person under the state
established legal drinking age to loiter or to remain in the room
where on -sale non -intoxicating malt liquor is being sold or served
unless accompanied by his parent or legal guardian.
Subd. 5. Person under the State established legal
drinking age to purchase or otherwise procure non -intoxicating malt
liquor, or induce another party, not his parent or guardian, to
procure non -intoxicating malt liquor for him.
INTOXICATING LIQUOR
Subd. 6. Person under the State established legal
drinking age to consume intoxicating liquor.
Subd. 7. Person under the State established legal
drinking age to have intoxicating liquor in his possession.
Subd. 8. Person under the State established legal
drinking age to enter licensed premise for the purpose of
purchasing or procuring intoxicating liquor.
Subd. 9. Person under the State established legal
drinking age to be in or upon licensed intoxicating liquor premises
except a restaurant, hotel or motel, and then only if accompanied
by at least one of his parents or his guardians and it is unlawful
for the licensee to permit such person to remain upon licensed
premises.
Subd. 10. Licensee to sell or Serve intoxicating liquor
7b
to any person under the State established legal drinking age.
Subd. 11. Person to furnish, purchase or procure
in�oxicating liquor for a person under the State established legal
drinking age.
Subd. 12. Person under the State established legal
drinking age to purchase or otherwise procure intoxicating liquor,
or induce another to purchase intoxicating liquor for him.
Subd. 13. on -Sale Licensee to sell wine except in
conjunction with the sale of food.
INTOXICATING AND t'ON-INTOXICATING LIQUOR
Subd. 14. A person under the State established legal
drinking age to misrepresent his age for the purpose of obtaining
intoxicating or non -intoxicating malt liquor.
Subd. 15. Person to knowingly induce another to make an
illegal sale or purchase of intoxicating liquor or non -intoxicating
malt liquor.
Subd. 16. Licensee to sell intoxicating liquor or non -
intoxicating malt liquor on any day, or during any hour, when sales
of liquor are not permitted by law.
Subd. 17. Person to purchase intoxicating liquor or non -
intoxicating malt liquor on any day, or during any hours, when
sales of liquor are not permitted by law.
Subd. 18. Licensee to sell or serve intoxicating liquor
or non -intoxicating malt liquor to any person who is obviously
intoxicated.
NON -INTOXICATING MALT LIQUOR
SEC. 4.48. NON -INTOXICATING MALT LIQUOR. LICRNSR REQUIRED.
It is unlawful for any person to sell, or keep or offer for sale,
any non -intoxicating malt liquor without a license therefor from
the City. This Section shall not apply to sales by manufacturers
to wholesalers or to sales by wholesalers to persons holding off -
sale non -intoxicating malt liquor licenses from the City.
SEC. 4.21. TEMPORARY MON-INTOXICATING M"T LIQUOR LICENiR.
Subd. 1. Applicant. A club or charitable, religious, or
non-profit organisation, duly incorporated as a non-profit or
religious corporation under the laws of the State of Minnesota, and
the City, shall qualify for a temporary on -sale non -intoxicating
malt liquor license, for serving non -intoxicating malt liquor.
C Licenses mad be issued for serving, in addition to other preaises,
on and off school grounds, and In and out of school builw,ng..
ORONO cc
77
5488.5 cl�,-;2—
10: Mayor and City Council
FROM: Mark Bernhardson, City Administratoo
DATP.: May 5, 1988
SUBJECTI Ordinance Amendment - Noisy Parties
Attachments: A. Kilbo Memo Dated 5/4/88
B. Popham Naik Letter Dated 4/21/88
C. Popham Naik Letter nated May 2, 1988
D. Chief Kilbo Letter Dated 2/24/87
E. Ordinance No. 9.28 and 9.21
ISSUE -
1. Presentation of strategy to deal with large parties by
underage individuals.
2. Adoption of one element to help deal with the problem.
INTRODUCTION - The police department has been frustrated in their
e{torts over the years to deal with parties in which there are
large numbers of often underaged individuals who are engaged in
alcohol consumption. Part of the problem revolves around:
1. The fact that unless there is probable cause the
officer is not able to enter the premises, even with a
search warrant.
2. It is often difficult to prove consumption of
alcoholic beverages by minors.
3. That there have seen situations where parents have
actually been home when consumption has been taking
place and either claim that they are unaware of it or
that they thought that it was legal to undertake such
when the minors parents were not present.
DISCUSSION - The objectives that the police department is trying
to Wfifeve eventually in a comprehensive manner is to:
a. Appropriately respond to complaints of noisy parties and where
appropriate, break those up.
b. Reduce the opportunities for consumption of alcohol by minors
in large gatherings.
C. Limit the number of intoxicated drivers, particularly those
under age.
As noted in Attachment B the first means to get at this is to put
a more definitive noise policy in the ordinance. Presently under
Ordinance section 9.24 there is only very general language
regarding noise control and this more specific ordinance, which
has been used by several other communities, gives police officers
a definitive handle in the case of noisy parties.
The police department is working on further efforts to develop
ordinance language to get at the individuals who do permit the
consumption of alcohol by minors.
ALTERNATIVES -
1. Presentation of strategy
a. Accept
b. Recommend changes
c. Table
Ordinance amendment - noisy parties
a. Adopt
b. Amend and adopt
c. Table
RECOMMENDATION - It is recommended that the Council adopt
mn amendets to Ordinance No. 9.20 and 9.21 as outlined in
Attachment C to more specifically lay out means by which to
regulate noise often generated by large parties.
PROPOSED MOTION - Moved by , seconded by , that Council adopt
Ordinance No. , Second Secies as an amennment to Section 9.20
and 9.21 to more definitively rag ate pares which generate an
inordinate amount of noise. Ayes , Naye
cc: Brian Crawford, Popham Aye
CRY W
7783.15D a 3
Tot Mayor Grabek 6 Orono Council Members
Ni;:
Frosts John R. Gerhardson, Public Works Director CMINCIL
Date% July 7, 1988
JUL I I IR6
Subjects County Road 15 Boulevard Construction CITY OF Vr ..�
During discus+Son of the reconstruction of County Road 15, there was
an option to have a paved or grassed boulevard area. Hennepin County is
requesting now what the area should be.
I have discussed the matter with owners of businesses and it is their
opinion that they would rather have the boulevard pa, �d.
I have been trying to contact owners of residential property to
determine their preferences.
Hennepin County would prefer all bituminous or all grass as the base
preporation in more extensive for bituminous.
RECOMMENDATION - Direct staff to notify Hennepin County that the commercial
area of the boulevard will be bituminous and the residential areas be grass
if the abutting property owners will maintain.
PROPOSED MOTION - Moved by _, seconded by , to direct staff to notify
Hennepin County that the commercial areas of County Road 15 boulevard be
bituminous and the residential areas be grass if the abutting property
owners agree to maintain. Ayes _, nays
1V
$2918.1=
Tot Mark E.
Rernhawdson,
City Administrator
Prow: John R.
Gerhardson,
Public Works Director-'
,d4V 10.ET I
Date: June 29, 1988
JUL 1119"
Subject: Orono Interceptor .Project Update
CITY Jr RIM
On June 29, 1988, I attended a meeting sponsored by the Metropolitan
Waste Control Commission (MWCC) regarding their proposed budget for 1989.
During discussion, it was stated that consideration was given to delay
of several capital improvement projects, one of which is the Orono
Interceptor Project.
It should be noted that the Orono project is one of vital concern, as
it has for some time overflowed into Lake Minnetonka during peak flow
periods.
Jo Ellen Hurr, Commissioner to the MWCC for our area Stated that there
will be a public hearing on all of the projects in July 1988 before tho
Metropolitan Waste Contro' Commission.
It is recommended that the City of Orono draft a resolution to the
Metropolitan Waste Control Commission stating the concerns related to the
importance of the Orono Interceptor Project and to not allow any delays for
construction of the project.
The project is scheduled for construction in early fall of 1988.
RECOMMENDATION - To approve Resolution # requesting no delays of the
Metropol tan wa ate Control Commission Pro ect 85-67.
PROPOSED MOTION - Moved by , seconded by to approve Resolution
T—requesting no delays of the Metropolitan Waste Control Commission
Pro ect 85-67. Ayes _, nays
A RESOLUTION REQUESTING NO DELAYS
IN METROPOLITAN WASTE CONTROL COMMISSION PROJECT 85-67
WHEREAS, the Metropolitan Waste Control Commission has approved
construction of the Minnetonka Beach/Orono Sanitary Sewer Interceptor
Project 85-67; and
WHEREAS, the City of Orono has also approved Project 85-67; and
WHEREAS, the Project is being constructed to eliminate overflows
into Lake Minnetonka; and
WHEREAS, it has been documented that the existing system has, due
to inadequate capacity, overflowed into Lake Minnetonka an average of once
per year for the past five years; and
WHEREAS, the City of Orono has been advised that Project 85-67 is
being considered for delay by the Metropolitan Waste Control Commission due
to budgetary limitations; and
WHERESA, if there are delays of this Project, it will further
endanger the safety, health, and welfare of the public and the quaiity of
Water of Lake Minnetonka.
NOW, THEREFORE BE IT RESOLVED that the City of Orono does hereby
request the Metropolitan Waste Control Commission to maintain the current
schedule for construction of the Minnetonka Beach/Orono Interceptor Project
85-67, which schedule allows for beginning of construction in the fall of
1988.
Adopted by the Orono City Council on this llth day of July, 1988.
James R. Grabek, Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
M
62988.6
TO: Mayor Crabek 6 City Council Members
PROMS Mark Bernhardson, City Administrator collivr o pAL'_ 1
DATE: June 29, 1988 NG
SUBJECT: Confirmation of Employment - City Recorder JUL
Attachment: A. Application riry Of
ISSUE - Confirmation by the Council for hi _aurae Scheffler as the
City-s City Recorder.
INTRODUCTION - The City has offered the position previously held by Pati
Peterson to Laurie Scheffler and the City is requesting confirmation of
that matter.
DISCUSSION - The City has explored the issue of conversion of this position
from 32 hours a week to 40 hours a week and may discuss this at the next
meeting or at least during budget discussions.
ALTERNATIVES -
1. Confirm emplc int.
2. Table.
3. Not confirm.
RECOMMENDATION - It is recommended that the Council confirm the employment
of Laurie Scheffler at a rate of $8.19 effective July 11, 1988 for 32-40
hours per week.
PROPOSED MOTION - Moved by _, seconded by _, that the Council confirm the
hi�f employment of Laurie Scheffler at a rate of $8.19 effective July
11, 1988 hours for 32-40 per week with pro -rated appropriate benefits.
Ayes _, nays _.
PlCdse rctwo to t11Y OF ORONO
BOX66 Date Received
CRYSTAL BAY, MINN. 5023
CITY OF ORONO II 615A3 D
J.
I__..
APPLICATION FOR EMPLOYMENT
I
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 race, Fofor, religion, national origin, political affiliation, disability, marital status, sea 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 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: r — Permanent —. part-time a ate dab
-- Temporary —Seasonal / A, t1t/if)
2. PERSONAL INFORMATION
i 3. Name Last First Middle Social Securit No.
f _ LPN Q a�aia ay
4. Present Address City County. State Zip Code
5. Home Phone
6. Do you have any Physical or Health limitations
Work Phone No,
411 0111
affect your work performance?
Yes
If you have answered yes, please use an additional sheet to explain.
7. If you an not a citizen of the United States, do you have Bureau of Immigration approval to work
In the U.S.? Yn No N/R
EDUCATIONAL INFORMATION (To be completed only if education is a job requirement)
IL Circle the highest Grade School High'"�hoof College Bost Graduate A
' grade completed 1 2 3 4 5 6 7 O 9 10 1 IC7rGED 13 14 15 16 MA Phd I .
Degree or
Types of School Name and Address of School From To Certificate Main,
I� B ••
',
B,
k , a
;� t a
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. -rHAY?L-fXaWAR-7€jOno&5waLL�iMMoMvtAu,LVw9fAM &UbRkuVWfn+7&&6Uc.
I Am- Nao�Er.�gk�wT - a�A&l� Av/) RWJ7A(5 av ME MAU _ � MVf--R
A&4nylj. q u�pa�j"oC��n,&mva� n a (ham
blveS%Q TAfAt ON rlL�ugC)
List any current licenses, registrations, or certificates that you possess. Include drivers license number,
class and State of Issue. Nf V QL&J( _ N&O,I ram,,,,,,,
btiv�Q.6LJdA sE#5 Jg66W��t6++SA++AaVI`i�l61
TO BE COMPLETED BY APPLICANTS FOR CLERICAL, ADMINISTRATIVE & FISCAL POSITIONS ONLY
Typing Ability: IK) yes O no%WPMq [hjnd� Abili Y: ( j Yes ( ) no WPM
AOff-Tf/_-W.Mf�CRaA"FDIP Ah„fawl;N
Busine Machines and Ezperimces'�I[� �r s
k.
ookkeegm penence:.LMf_hCN[iO C.f/Ylhlll�s/A1TN wa6+ft!/6['Ki YEA /' Ir n'C
Ala Mut75 VM?� `ZG r fulAlf3 t tiwR y
TO BE COMPLETED BY APPLICANTS FOR LABOR A SKILLED TR'TIONS ONLY
Apprenticeship(s) served or trades learned:
Capable of operating the following equipment:
EMPLOYMENT HISTORY • Please list put employers beginning with your most recent employment: If necessary.
EmDloyer's
Position Name Amf� Q Mailing Address Zip Code Phoae No.
n Held (J Duties Performe
(14W
< P
Immediate Superviwrr:mej-)6 bickm6oA/. ArnZ*YAr(AW
Employment Dates:AA,iL, W& Last Salary Full Time ) Part Time ( 1
From To rly5wr Reason for g I
f_ F �
no I WDAi4w-(Am IT IF Y&4 kbwD
May we contact your
present employer? ( )yes; ( 1
iI(46
If no, please explain:
1affkr&kPwYFkov
IF
SLATS (:.WMIAI.
Employer's Name ll Mailing Address Zip Code Phone No.
IL,. n Au T.,,, I\...,, ru inn G,.c. .,,It last has urtl .vat FAonO -,If r14D-lOn�
Position Held
0%,a/5T)qATI1/5-A
216TAAI'f
ties Pcrtnrme
rfA�}�/.SFf"'``f�-ylm
P' AITACNf/I
Immediate Supervisor: �(,011-417MIL
&Alp&4NAGbQ
Employment Dates:
Last 5 tar y
Full Time (X) Part Time ( )
From-04
Toy185
II�cD�MatrH
Reason for Lea ving:ADk)
��"
IQf!q'yvf.
Employer's Name
Maifing Address Zip Code Phone No.
< u
Position Held
Duties Performed:
Immediate Supervisor:
�tranly
Tkme
Employment Dates:
r—J Last Sala y Full Time W Part Time ( )
From 4/M. To �$!f
Reason for Leaving Al(WE'
4-
UNSALARIED EXPERIENCE
Volunteer Organization 01�
Mailing Address
Phone No.
Position Held:
Duties Performed:
Immediate Supervisor:
Dates of Participation:
Hours Per Week
Skills Lamed:
Volunteer Organization
Mailing Address
Phone No.
Position Held:
Duties Performed:
Immediate Supervisor:
Dates of Participation:
Hours Per Week
Skills Learned:
List 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? Yes ( ) No M
If yes, date and place N/A Nature of Offense Disposition
If yes, date and place /V/lq Nature of Offense Disposition
J
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 neceseary to verify any educational re-
cord.
/o1141if8
Signatur Date
PERSONAL RESUME
"Mr-
LAURIE K. SCHEFFLER
EDUCATION:
East High School - Duluth, Minnesota; 1976 Graduate;
General Courses with Emphasis on Business Education
VOCATIONAL TRAINING:
Typing: 2 Years East High School
12 Weeks of Adult Education Advance Typing
Grammer/Spelling: 3 Years East High School
Shorthand: 12 Weeks of Adult Education ABC Stenoscript
Office/Clerical: 2 Years East High School
PREVIOUS WORK EXPERIENCE:
April, 1986 to Present
LAW OFFICES OF JAMES B. DICKINSON
Title: Legal Secretary
Duties: Office Manager (Ordering Supplies, Balancing Office
Checkbooks, Accounts Payables, Accounts Receivables), Drafting
Correspondence, Typing Correspondence and Various Legal
Documents, Filing, Mailing, Receptionist, Dictaphone Usage,
Panasonic Word Processor
April, 1985 to April, 1986
I left Duluth to relocate with my husband. We moved to Howard
Lake, Minnesota in April, 1985. In September, 1985 I went to
work as ■ waitress for Red s Pizza due to a lack of secretarial
opportunities in the area. In January, 1986, I worked at the
Crow River Tax Service as a secretary typing tax forms. When the
tax season ended in April, 1986, my husband and I moved to Moind
and I began working as a legal secretary for Mr. Dickinson.
May, 1984 to April, 1985
HOLIDAY INN DULUTH
Title: Administrative Assistant
Duties: Worked directly with General Manager; Typed Reports,
Correspondence, Performed all Payroll Duties (used an ADP
computer system, time -cards for hourly employees and straight
salaries for Office Staff), Dealt with Union Dues and Insurance
Benefits, Drafted Correspondence for all Guest Comment Cards,
Balanced Petty Cash Account, Coded for Approval all Accounts
Payables, Kept all 200 Employee Files (New Hirea, Terrinations,
Position Changes and Merit Raises), Attended and Took :A nutes for
Weekly and Monthly Staff Meetings
Left this position because my husband had to relocate to obtain
employment as a police officer, there were no jobs in Duluth.
May, 1983 to May, 1984
SUPERWOOD
Title: Secretary
Duties: Typing, Balanced 3 Checking Accounts, Kept Union Dues
and other Employees Deduction Records for Payroll; Ente.ad Time
Card Information into Computer, Distributed all Computer Data
Sheets to all Company Locations, in and outgoing mail duties.
Left this position for more challenge and income.
June, 1979 to March, 1983
HUGHES TOOL COMPANY
Title: Field Stenographer
Duties: Typing (correspondence, Manager Reports, Engineeering
Reports, Misc. Weekly Data Sheets), Receptionist (Handled
incoming customer Droduct inquiries), Coded and Checked Expense
Accounts (using both American and Canadian Currency), Prepared
Monthl• Disbursement Reports (again using both American and
Canadian Currency) Aided in Preparation of Annual Budget; Ordered
Office Supplies, Arranged Flight Schedules and Accomodations for
Manager, Aided in Preparation of Insurance Claim Forms for all
Area Salesmen, Called in Weekly Sales Report to Headquarters in
Houston.
Left this position because I was laid off due to economic
conditions. Our Office sold products to the mining industry in
Northern Minnesota, Michigan and Canada. Many mines closed and
slowed production and our office eventually closed.
GENERAL INFORMATION:
I have excellent telephone skills. I enjoy working with the
public, in person and over the telephone. I welcome the
opportunity to learn something new and consequently I learn very
fast.
My interests include gardening, both indoor and outdoor, cats,
fishing, camping and books (not necessarily in that order)
Phone Number: Home: 472-6703; Work: 471-0171
Address: 3029 Drury Lane, Mound, Minnesota
REFERENCES:
Can be provided immediately upon request
I nepAune 4IX7 57
CITYof ORONO
h.ni Office nos P:•Crrewl Hey. Minu,u«rw ORcu
On the North Shore of Lake Minnetonka
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 employment,
and any organization, 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'r
Signature:
�Tue� Imo, 19 �, --r
Applicant's Full v
Printed Name: L9URI h ) N FB
Applicant's n_ r
Address: ,Yi.lQ hYARY 46A1�
(Number) (Street)
�) /IW 55�.t.✓
(City) (State) (Zip.
Applicant's
Social Security k:
TO: Mayor Grabek s City Council Members
PROM: Mark Bernhardson, City Administrator //ff ✓�� 11 '
DATR: June 29, 1988
SUBJECT: Salary Adjustment - Tom Kuehn, Finance Director/
I
Attachment: A. City of Orono Compensation Plan
ISSUE - Determination by Council as to the approval of the increase for
Tom Kuehn in the position of Financial Director.
INTRODUCTION - Under the City's Compensation Plan, Mr. Kuehn is eligible
for an increase to $20.583 per hour effective June 14, 1988.
DISCUSSION - Based on Mr. Kt.ehn's achieving the appropriate performance for
the period, it is my recommendation that his salary be increased $.528 per
hour effective June 14, 1988.
ALTERNATIVES -
1. Accept.
2. Amend and accept.
3. Table.
RECOMMENDATION - It is recommended that the Council approve an increase of
$.528 per hour for Mr. Tom Kuehn effective June 14, 1988.
PROPOSED MOTION - Moved by , seconded by _, that Finance Director Tom
Kuehn be increased to a salary level of $42,812.64 effective June 14, 1988
based on his performance that he has reached the appropriate standards.
Ayes _, nays
21188.5(50)
Draft 2/11/88
Revised 2/24/88
CITY OF ORONO
EMPLOYEE COMPENSATION PLAN
Appendix A. Expected Performance Regression Line Graph
S. Classification Point Ranges
C. Current Year Wages
INTRODUCTION - The purpose of this plan is to formally establish
the mains for determination of wages and other benefits for
employees of the City.
DISCUSSION - Determinations of compensation are the result of the
divilopment of an internal equity analysis and external equity
analysis together with the means by which the City chooses to
blend those to determine its compensation plan. Local
governments in the State of Minnesota were mandated in 1984 to
undertake the internal equity analysis study in order to
determine reasonable relationships between jobs. The City of
Orono in conjunction with 148 other municipalities through the
Metropolitan Area Managers Association (MAMA) hired and developed
what became known as the Control Data Corporation 'FOCAS' study
(Flexible Occupational Analysis System). This study broke down
the occupation groups into six job types, providing 1,888 tasks
per job type. It based the analysis on values assigned to those
tasks together with the percentages of time spent by the
employee on those tasks to determine the point hierarchy for
that position. The tasks were rated on the basis of complexity,
importance and undeslreability. This study was subsequently sold
to Personnel Decisions Inc•.. (PDI) who now operates the system for
the MAMA organisation.
INTERNAL ANALYSIS
The City, through the 'FOCAS' study was able to establish points
for each of its positions, including jobs common to many of the
units of government using the system. A regression analysis was
then done using the position points and existing pay rates,
including a lot adjustment for "exempt' employees, and is
reflected in Appendix A. (Exempt employees are generally
technical and management people who are not eligible for
overtime.) This hierarchy of points was then divided using a
combination of numerical and natural groupings into classes which
are also reflected on Appendix A. The regression analysis is
expected to be updated on an annual basis, adjusting the expected
performance line for any inflation together with changes in the
regression that may result from changing relationships among jobs
as they relate to both points and compensation.
The system does provide that when appropriate select positions
can be reclassified following a review by completion of the task
evaluation using the r^T system. These reviews should be done;
a.) when there is a job change of a slgnif icant
magnitude,
b.) at annual review time or
c.) when there is a change in the person in that
position.
EXTERNAL ANALYSIS
Provision for establishment of a reasonable relationship in the
1984 legislation did provide for the utilization of external
(market) analysis in developing the reasonable compensation
relationships. Although internal analysis/equity is required to
be the primary element of a compensation plan, external analysis
for his plan is utilized anytime there is more than a 54
difference between the market for that class and the class
expected performance pay maximums. If a 58 difference or more
exists, the expected performance pay maximum will then be
determined by a 55%weight for the internal equity and 45%weight
to the external market analysis.
xlli3xii
The market for the bulk of the jobs will be the metro area as
defined by the Stanton group rtudy, principally commun.ties in
the range between 5 and 15,000, (This reflects the fact that
Orono does provide contract services for other municipalities and
the joint efforts serves a population in excess of 11,000). The
best data currently available is Stanton Municipal Survey, it is
generally available during the summer of each year. This data
can then be analyzed to determine the market data for that year
and any annual adjustment can be placed to adjust the market for
the following year.
DETERMINATION OF SALARY
Falary maximums are for expected performance. Each class is
determined by mid points of that class. This can be adjusted
annually. The plan also provides that individuals who are new in
positions or not furly performing in those positions will be at
an amount less than the expected performance maximum. The
established steps have a range commencing at 85%, 90%, 95% and
100%. It is anticipated that a person with no experience will
start at 85% and will be annually reviewed and if expected
performance has been achieved, be eligible for the next higher
level on their anniversary date.
1. Evaluation - All employees will annually, in advance of their
anniversary/benefits deeerminatlon date, receive an evaluation
from their supervisor.
A. If they are , at the top of the expected
performance range and their evaluation reflects that
they are performing at an expected range they will
advance to the next step.
B. If they are at the top of the expected performance
range, they shall not move further in the range.
C. If they are performing at less than the expected
range they will not advance, they will again be reviewed
within 6 months and if still not to expected range they
will not receive the next annual adjustment when it
comes due.
2. Market Condition Adjustment
A. If a person is within 51 of the estimated market for
their job no further market consideration will be given.
B. If they are not within 54 of the estimated market
for the job the following steps will be followed:
1. Multiply the top of the class by 55%
2. Multiply the established top of the market by 45%
3. Add those together to determine the maximum
total step allowed. Multiply by the appropriate
percentage (85, 90, 95, 100) of the step they
should be going to, to determine the appropriate
step allowed.
C. Should the City be unable to attract and retain
qualified employees for a position within the
compensation established by steps A or B, the City
Council has the option to alter the Internal/External
market mix for that position for that hiring in order to
employ a qualified individual.
3. Selected Position Credit Adjustment - For selected positions
an adju=cment Ts made because of the uniqueness of those
positions and once the maximum total step allowed nas been
determined the credit should be multiplied for these additional
duties. Positions and percentages are as follows:
a. Acting Administrator - 58 on the persons base rate
b. Police Chief - 5% determined for duties as Police
Chief and as Emergency Prepardness Director for
other communities based as follows:
- 2% Long Lake
- 21 Spring Park
- It Minnetonka Beach
4. Positions Above the Expected Performance Line_
If the top o2 the top of the
class, the phase in will be subject to efforts so that
the base adjustments will be less than the annual
expected performance adjustments. This ma, vary by the
percentage above the expected performance line and is
subject to Council determination.
S. Positions Less Than 40 Hours - The following maximums shall
apply for piit-'tiie requler employees:
Under 20 hours (as established for the position)
20 - 28 Step 1 maximum
28 - 35 Step 2 maximum
- 35 - 40 Step 3 maximum
These step ranges will be determined using 85, go, 95
and 100% of these maximums.
IMPLEMENTATION CRITERIA
Initial criteria for determining the level of pay to commence the
phase in is as fol lows:
Those persons who have had at least 3 years of
experience and are performing at an expected level will
be eligible for the step above closest to their current
salary in the class on their anniversary date (or review
date established in the implementation plan.) If their
performance is rated at the expected level it would
bring them t that stp.
if they have less three years of experience the
same rules for those .er 3 would apply, provided that
it is not greater than what they normally would have
received as a percentage based on years of service.
ANNUAL COMPENSATION PLAN ADJUSTMENTS
The following steps will annually be undertaken.
A. Expected Performance Line Regression - Prior to
budget de[erm Cnat Cone [he City wiff submit to Labor
Relations Associates the appropriate current year data
to develop a revised regression line prior to budget
determination.
B. Determination of Pr osed A_d ustment - The Cite -toff
will__for Ct budget purrposes propose an adjustm for
the following year.
C. ]Position Adjustments - The City will also take into
account any anticipated known position adjustments
and/or adjustments for part-timers hours for budget
purposes.
D. Market Analysis - Based on the Stanton information
the city' ali I aad7llonelly develop the appropriate
budget information to be utilized for the following
year's setting of salaries. (.:1s information will be
adjusted by any proposed adjustment ii, the expected
performance line.)
E. Budget Estimates - Based on the following information
the plan ;M Asvelop the appropriate budget estimates
for the following year.
F. Establishing Follwinq Years Plan - Following budget
adopit I ZW TnoludT rq sny annual aspee[ed performance line
adjustment the salary schedule$ for individuals will be
determined tc reflect the updated annual Changes plus
most recent market data as adjusted.
G. Annual Adjustments
1. Those who have received an expected performance
rating or above during the previous year will be
given a notice of the increase they will be given as
of January 1.
2. For those who have received less than an expected
performance rating twice for the previous year will
not be given any line adjustment. They will however
receive not less than a one step drop for the
following year.
STEP MOVEMENTS
On the anniversary date (benefits benchmark date) the supervisor
will review with the employee including any appropriate goal
setting and make the determination as to whether they have
achieved the expected performance or not. As noted above those
who achieve the expected performance will move through the steps
to the next higher. Those that have not, will not.
POSITION EMPLOYMENT
It is generally expected that a person without any experience
would be hired at the beginning step for the classification for
which they are hired. The Administrator in conjunction with the
department head will make a recommendation to Council the
appropriate level for offering employment. Once that level has
been established together with any other review steps, the person
will be subject to annual review, unless other considerations are
made at the time of employment.
TEMPORARY/SEASONAL
Persons who are temporary or seasonal employees will have their
pay established at the time of hire.
34
32
30
28
26
w
w 24
r
22
w
20
3
y 1b
J
16
O
S
14
12
10
ORONO PAY EQUITY ANALYSIS
INITIAL WAGES RAISED TO 1007 LINE
40 50 60 10 80 4a 100 120
POINTS
A POSITION
4
21188.6
GROUPING POINT RANGE
1
44 -
47
2
48 -
51
3
52
- 55
4
56
- 59
CITY OF ORONO
COMPENSATION PLAN
APPENDIX 8
POINT GROUPINGS
MID POINT
45.5
49.5
53.5
57.5
5
60 -
64
62
6
65 -
68
66.5
7
69 -
73
71
8
74
- 78
76
9
79
- 83
81
19
84
- 88
86
11
89
- 188
95
12
101
- 110
105
13
ill
- 124
117.5
POSITIONS IN GROUPING
CSO
Laborer
Clerical I F r
Clerical II 00-n
LE
HEO
Police Secretary f F7lS P7-
Sr. Accounting Clerk
Deputy Clerk/Secretary
Recorder /'—
Utility Mechanic
ASSt. Finance Director
Patrol Officer
Golf Course Supervisor (E)
City Clerk (E)
Building Inspector
ASat. Zoning Administrator (E)
Senior Building Inspector (E)
Public Works Foreman (E)
Lieutenant (E)
Building/Zoning Admin. (E)
Public Works Director (E)
Police Chief (E)
Finance Director (E)
City Administrator (E)
(E) - Exempt
211bS.6
m
m
9
CITY
OF ORONO
COMPENSATION PLAN
EXPECTED PERFORMANCE LEVELS
1988
APPENDIX C
,ISM
9oIf
.753
LEVEL
STEP
STEP
STEP
STEP
I
II
III
IV
1
7.616
8.064
8.512
8.96
2
8.058
8.532
9.006
9.48
.3
8.576
9.081
9.585
16.09
4
9.103
9.639
10.174
10.71
5
9.716
10.287
10.858
11.43
6
10.557
11.178
11.799
12.42
7
11.382
12.951
12.72
13.39
8
12.257
12.978
13.699
14.42
9
13.218
13.995
14.772
15.55
10
14.45
15.30
16.15
17.00
11
16.55
17.523
18.496
19.47
12
19.44
20.583
21.726
22.87
13
23.035
24.39
25.745
27.10
707.3
TO:
Mayor
Grabek and Council
FROM:
John
R. Gerhardson, Public
Works Coordinatb�����.
r.CPNG
DATE:
July
7, 1986
JUL 11
1y;:.,
SDBJ: Crystal Bay Sewer Hook-up Status
'S ^- G
On June 13, 1988, staff presented Council a list of Crystal Bay'
residents that have not connected to the sanitary sewer system.
The deadline for connection was October 11, 1987.
Of the thirteen properties not connected, one is a vacant lot and
will be removed from the list, three are in easement
negotiations, one is still in the appeal process, and one is an
uninhabited dwelling. The seven remaining had indicated
previously that they would be connected by July 1, 1988. To this
date, there have been no connection permits issued for those
seven properties.
Staff is currently discussing the issue with the legal staff to
determine the appropriate action.
Recommendation - That Council direct staff to continue to work
with the legal staff to determine appropriate action and to
proceed with legal action if necessary.
PROPOSED MOTION: moved, seconded, to direct staff to
continue to work with the legal staff to determine appropriate
action and to proceed with legal action if necessary. Ayes _
Nays _
TO: Mayor and City Council
FROM: Mark Bernhardson, City Administrator
DATE: July 5, 1988
SUBJECT: Administrator's Information
Wry
OF vo.10
HIGHWOOD STORM SEWER - Because the utility department has not been fully
staffed, the individual who would be the most appropriate one to look at
the line has not had an opportunity before now to look at it. Hopefully we
will be able to inspect the line the week of July 11, 1988.
HIGHWAY 12 TASK FORCE - CORRIDOR - The group that met in May has again
established a tentative meeting for July loth, 1988 for further discussion
of the matter. Please note the attached summary of information related to
Highway 12 that the group is considering together with the attached traffic
projections for the year 2010.
SEXUAL HARRASSMENT SEMINAR - The City of Orono in conjunction with Mound,
Wayzata, City of Ramsey conducted a sexual harrassment seminar in which all
supervisory personnel in the cities attended. The seminar outlined the
necessary issues in relating to conducting of organizational business to
avoid sexual harrassment and sexual discrimination charges together with
some good general management training. This seminar was requested to be
held by the City's Risk Management Advisors.
LINCOLN DRIVE - The City has determined that the platted right-of-way for
Lincoln Uri within Washington Scientific was vacated on June 26, 1987 by
Resolution i185. The City will however continue to pursue getting the
necessary east/west access through the property.
HIGH WATER USE - 3508 IVY PLACE - John Gerhardson has been advised by the
oral representative of Rockwell Industries that they will test the water
meter from 3508 Ivy Place at no cost to the City with the exception of
shipping charges.
Mr. Wilson's representative has beer, notified and am awaiting a time and
date when we can have access to the meter for removal and testing.
GOAL SETTING - attached.
CITY of ORONO
CIT Pool Of!„ no• I:S • Caetn1 11nY. MinnewlA S.i9Lf • Mm .....I Off.
OF
On the North Shore of Lake Minnetonka
July 7, 1988
Don Lorsung, City Administrator Jeff Walton, Mayor
City of Watertown City of Maple Plain
Box 278 1620 Maple Avenue
Watertown, MN 55380 Maple Plain, MN 55359
Fredrick Patch, Councilmember Mary Johnson, Mayor
City of Long Lake City of Independence
1795 Watertown Road 1790 County Road 90
Long Lake, MN 55356 Maple Plain, MN 55359
Ken Madole
804 Meadow View Drive
Northfield, MN 55057
Gentlemen:
Attached please find a draft introducing a piece on Highway 12 based
on our discussion at the May 19th meeting. Additionally, enclosed is the
most recent traffic analysis from MnDot provided by Ken Madole.
Given the upcoming meetings of the Highway 12 Task Force in Litchfield
on July 21st, it may be helpful to meet Monday, July 18, 1988 at 7:00 p.m.
at Delano to address the following issues:
1. Selection of a corridor.
2. Goals, objectives for ad hoc
3. Rough work program and dates.
4. Role of group, if any, as it
Legislators and regarding support
process on the corridor.
relates to communication with State
being garnered by the Task Force.
Please let me know if July 18th is a convenient date for you. If this
is not a good date for you, please let me know as Medina, Delano, Long Lake
and Watertown all meet the first and third Tuesdays of the worth;
Independence and Maple Plain meeting on the second and fourth Tuesdays; and
Orono meeting on the second and fourth Mondays. Your cooperatior is
greatly appreciated.
Sinc rely,
7 yj o7��i2 •r /s.,r1.r-.. %k �
Mark E. Bernhardson,
City Administrator
MEB/tln
cc: Paul Keranen, MnDot
Carol Vennerstrom, Willmar Chamber of Cc mmerce
Steve Alderson, Metro Council
Rosemary Schauer, Pioneer Newspaper
RPILDING K IOSINIi - 4737357 41 ADMMISMAnON a FINANCE - 473-1158 • e1 M.x WORKS - 471 R39
AKsf SSING
HIGHWAY 12 WAYZATA TO SOUTH DAKOTA
Highway 12 was one of the original seventy routes that was
designated under an amendment to the Minnesota State Constitution
passed on November 2, 1920. This route was one of the first
routes to be paved in the state of Minnesota, in 1927. Since
that time only minor improvements have been made with the
principal changes to the two lane design being the alteration of
curbing and overlays where necessary to improve the road surface.
In the 150's upgrade to the road was explored with an effort to
develop a four lane culminating in the late 1960's. A public
hearing was held in Wayzata about 1968 at which time, because of
the substantial opposition to change in the current design,
nothing was done. Efforts by the Highway Department following
that however, resulted in no further interest being able to be
generated to support any improvement in the highway.
Subsequently, the six lane by-pass around the City of Wayzata was
completed and in 1986 work did commence on I-394 from the by-pass
at Wayzata to downtown Minneapolis.
The impending improvement of I-394 caused communities along the
existing two lane Highway 12 to begin anticipating the impact
that would be on their communities. Contact with the Minnesota
Department of Transportation in 1985 indicated that there were no
plans for any improvement to the existing Highway 12 design for
the next 20 years.
In addition to the concerns regarding the traffic impacts from I-
394 on the eastern end of the corridor, the Task Force of
individuals based in Willmar began to explore ways to make
significant improvements to Highway 12 as an improvement to their
economic basis. During 1987 discussions were held among the four
communities on the east together with meetings with
representatives from the Highway 12 Task Force from Willmar.
CURRENT HIGHWAY CONDITIONS - At present Highway 12 in Hennepin
County is a six lane road where it passes the terminus of I-394
at 494 and continues westerly as a six lane road for
approximately four miles, at that point it narrows down in a
space of a mile to a two lane two way traffic road going through
a moderately built up area and then into downtown Long Lake. It
then continues westerly as a two lane throughout with minor
passing lanes in a couple locations until it reaches the South
Dakota border.
The Task Force from Willmar had identified four segments to be
looked at with different types of improvement in each section.
The first section is from the terminus of the six : ane in Wayzata
to the Hennepin County border at Delano. In this segment, the
1986 traffic was generating 11,000 car per day at Delano and
reaches 18,000 per day at the willow Drive and Highway 12
intersection in Orono/Long Lake. It is projected by the
Minnesota Department of Transporation that the 1986 level of
18,000 cars per day will increase to 32,000-33,500 by the year
2010.
The principal issues faced in any consideration for a change are
as follows:
A. Corridor Selection Process - The process to make
any change in the existing highway is substantial and
complex as noted in Attachment A. If any substantial
improvement is to be made, this process must be
undertaken because of the multitude of mandates and
potential legal liabilities that exist if the process
is not done appropriately. While it would normally be
expected that funding for such a study would be from
the State of Minnesota, the current funding climate and
competition for transportation funds has resulted in
municipalities participating to a substantial part in
the funding of these studies.
2
B. Transportation Funding - Transportation funding for
non -interstate highways in the State of Minnesota in
recent years has become exceedingly scarce. Since the
beginning of the inter -state system Minnesota has
directed a substantial amount of its available State
funds into the Federal Highway Interstate programs
where it could get the best leverage for its money (the
split on Interstate funds is 90% Federal and 10% State
together with the fact than the appropriation is made
every 5 years and there is no State limitation on the
total. For Federally funded State highway, such as
Highway 12, the funding mechanism while the split is
77-231 between Federal and State does carry a $50
million annual cap at present for all State trunk
highways. Therefore, because of this limitation the
State often may be required to fund 100% of the cost of
an improvement.)
As a result of the beat leveraging of funds the State
has been left in relatively good shape as it relates of
Interstate system, but the balance of its Federal trunk
system throughout the State, of which there in a total
of 12,000 miles, has not been maintained to a great a
degree.
C. Corridor Route Change) - Because of the
constitutional designation of the highway there are
certain requirements that relate to the highway serving
of certain Cities and Villages which does have an impact
on potential routings for the corridor. In addition
State law sets forth a process for any improvement or
upgrade requiring municipal approval and if disapproved
the process by which the Transporation Department has to
receive approval. In the case of Highway 12 such
limitations will impact the routing as there may be
objections to changes from both mun,r_ipali_ies and
3
individuals.
D. Current Improvement Verses Planning for the Future
- The dilemma of that decision makers are presently
caught in relates to the fact that t?,ere may be safety
improvements needed in the corridor at present but the
spending of the needed monies to undertake these
improvements may well forestall an overall improvement
to the route.
E. Source of Traffic Generation - The type of solution
that is arrived at regarding the corridor is dependent
in part on where the traffic is generated. If a
substantial part of the traffic in the corridor is
tnrough traffic, th,�n solutions with alternative routes
may have feasibility. If however, the traffic
generation is fairly local to the corridor and
represents a lot of corridor movement the type of
solution may relate to a different style of corridor
improvement.
F. Type of Improvement and Routing - Related to the
type of traffic generation and the source of the traffic
is the type of improvement that needs to be made. If
there is substantial through traffic and it is a desire
for an expressway with limited cross access, then the
type of route selected may be substantially different
than where there is substantial local traffic and there
is a desire to nave much cross access onto the road.
In other words if an expressway approaching a freeway
standard is desired, it would require more of a rural
layout than a fairly narrow four lane expressway
serving local needs which could he more computable with
a route through a more urban area.
While a number of these issues will need to be addressed during
the process, initiation of suc! :ocess will require local
support. If the local sup; �t forthcoming and the
political impact is not made on t;: cate level regarding this
corridor, no improvement of any type will be made. Even if the
corridor selection process were to be undertaken now, it would
take approximately 10 years, if things went correctly, before any
substantial work would be done in the area. If nothing is done
in the corridor the traffic will continue to build and as there
are few other parallel routes in the area the traffic generation
will build to the point that substantial slow downs, stopages and
frustration will occur. (As noted on places such as Highway 5,
clogged highways do not discourage people for using them.)
5
J
Lr-amo er-urston
AnaRysis
_..._.. .._.__--'__TA-M365.
TH 12 from Wright, Hennepin County -
y' Line to CSAH 15 (Wayzata).1
L.
T i
� r r =llJi
'YNHF30r�
1 ; PREPARED By
I • THE MINNE.SOTA DEPARTMENT OF TRANSPORTATION° ��
.. PROGRAM MANAGEMENT DIVISION
TRAFFIC FORECASTS SECTION 'ITS
66KRTMENT
DATE
To
FROM
PNONE
SUBJECT
TRANSPORTATION - Room 820 CTATE OF MINNESOTA
Office Memorandum
June 20, 1988
Scott McBride
Transportation Analysis Engineer
District 5 - Golden ;ey /J
Nn (! p~~
George M. Ceprea i
State Traffic ForlcasE Engineer
Traffic Forecast ecti..n
296-0217
TH 12 From Wright, Hennepin County Line to CSAN 15 (Wayzata)
TA-M365
Estimated two way ALIT volumes on the above subject route for
the year 2010 are attached. In addition, comparable two way
ALIT volumes for the 'current- year 1986 are also shown on
the enclosed Xerox print.
Projected traffic volumes are based on the following data
sourcesT
1. The latest Mn/DOT - Metropolitan Council approved
computer assignments of 2010 ADT and 1980 ADT to the
year 2000 road network, i.e. 2010/F2000 and 1980/F2000.
2. Current (1y86) and Historic (1974 to 1984) ADT counts
taken by Mn/DOT and projected to the year 2010
(straight line regression).
If you have any questions, plate contact Jim Page at
296-1626.
U.M M.
INDEPENDENCE
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INDEPENDENCE
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'Bt SIC - 1987 Carcil Stntm9iC Plemirq
Saat W. CbjeCtfve
188 M - 1988 9aort Ten Obje i"
AM DOM ARER ®1iT196
1. CTBe1Sm Dem6MTrr
A. --CaVoay 1.
'87 STJ A. preaeraive Plan .Yrenien[ 0$
S/9]I
Beteive tack from Met Council
Final Plan aWrwal
toning Aden ant,
- Draft
- Planniiq c®iasia
ccnsideration
Carcil cranideratia
Megaiatioa on utilities
OeAPi' a/$0/88
SiR/88
5/l3/88
fi/]0; 88
5/15/BB 0xtamion to 5/15 granted to Matto
Cawil follwim 4'9/88 aeetim to;
urban laol deavida
Vivee $Proved try Metro Caucit
Mttrc co ewl1
6.'15/BB Final Carctl a rwa3 5'$1/88
6/15/98 NrreMly bin, diafted
]/i/80 Cataot saardlor regaoJing
essiaotacl in dShardl w 5
8/30/90 Daft from veN Saardla 5/$l/00
Drat[ from saardlw to CaacLL to
PC - fi/I]/Be
geceivad ltr f. Maalrm ri sever/nagrt iati as 6/+4/88we
'Be SIC B. Corridor Selenium SNdy M Aa Tat Fora 10/l/w Ad Ma Tat Fora - let meetfrq V19.'Be
Complete Paaee 1 5/19/88 ase m ham
,d®t Bnu. umi ilk as esnts
1. cwa>Nm o6vatawaxr tmc.
Navarre B wlapeent
.as m
Brgage Iant.
1.35/m requested 4¢atlm
- Pla ing
to it deraraird
fru 1. S rdlw rgardim, cut to
- legal
do rater pUn develop n for
.l..
Initiate Gal/Otdmtrw
16/1,'BB
ftpea prR l to Ee reoe va for
Bettina pr.
I/ll/BB ooeideratia
-Be m CaMider m f.tlan
6/15/m
3/941 Bepr Bttcce PK ire
Solicits idma/pro la
prozaa required to rtaol iaa
Caoaena if Decide to do
B/1/m
3/l/m received orliies for
rtaDlizM1 t of BIN. Staff
revievirg for o>mesr
'Bl S3G County 15 Develop�
'm SIO Deter is desired
S/1•/m
Iaaue a IigI a, a t/22/00
¢al aecayeyirt3
Cp i vaetim
iRro esents
2/22/m Caactl mIdera ligtdtrq
5/23/m Cosc31 epprwes lialrcir
ianciN pion
5/38/811
Caycptul q rwal 12/14/97
Iiarcial mbta prrpc a 3/2NB8
3/28/m [note] to 5/23/88
5/23/BB approved fI.In3
Complete cautructia
12/l/m
To . 4/15"m
187 SIG Co ity' aosporutim Plan
-88 SID
nefiu o ital igcovernt
g/l/m
prag[r Prior to m Midget
Detenile Midge replacernt
8/l/M
pragrr.
Continoei aalysis P iic/private "Cinq
Evaluate Cry 116
]/l/m
L11/a r.iy requmt fra Media f
4/25/08 O U elects nor to aulport
f3ee Ico
187 M Storm ester MatwleatlM Plan f
'm =
AIr1 �. Air1
1. C9t91NRy iLWfl}@ft cmt.
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'88 SA
1. 9� IMO Iiv
.87 M SOipbs my
99 Sm
S.I,d f ue Maro9euer2
Fn'ie+ adviamy/P I, badiK 7.10
Vill" P[rmtM to Ca 11. i m
role/Mepamaibilitir
rev it by PL iM C iYim
Mevie a ievim r mtearry 911"
AnticipK 1,i11,-W dlaaurlm with
staff/Wviamy/Pail,, body
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pt¢eec Ea develapent :evieM
6 im vmRirq tara[ds
r,eiee 6 rerlb oriented 'no
ol.
a
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bt
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l
Y[1MS
Cwlete reeds aarrert 3/9d
Proje temibillt; � vu
MR r cipte n!' a aeseaaam[
mpiet lm t t
,,iMjt Irdorrtrm pr fs lbi
S,&t. [agmat tm ter�pll icy
update ®t
yaripi lily study approved 6'11/0
Bads to i/ll a 1126 arcti'q
oetersire aeaesaeit atr B/Bs
IMe[eS[
pirxncir optic: W" pterntly eapl«lnq aptiuu ..tb
Cay Attcc y'a ofLv
coon er develtpeot aaratmlm
lafm
It A�rtpriate
- batiste project
la/ds
- Project bid
le/a
- CtYarce project
WN
- AsseSS Project
a/B9
- coglete otoject
is/"
Assess reeyelirq effbi- [o uml
6/m
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6/m
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9/m
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8. acaBlxAnwu. DE/FJlJPIBSR
1989 Cmmil Goal Setting
C.
1/M
61T'93 CweiI seta VLN mal
Be AM Necing
Cuple[e
Sias
1989 Budget Prrszas
9ssesaeent Board of Bevieu
s/N
6r" .nitial acting held. wieiyate
a m do/N
5/1, avrd lmad
Aaateipate 19/9 sldget rpage/
,oudelim to '111/86 meet vrq
Capital budget Adoption
B/N
Budget Adcptim
9/26/N
190 lagialatiee Progrs
Caplet,
12/89
han Building
Staff
11.,88
CmTil - Carib[ Fc aata
2/89
Dade[ta6 it desired
1/89
9. Bt M 00.IV0(Y
-87 SIU Facilities Study
ib Plaminq Ciiaaim for taeiee 5/1VN
-88 S1D
19rae 1I dagletim
VN
site crite[ia m C it V25/80
upleeeet ray rat® 'tar
7198
187 M 1a9 Berge Firrtelal Polity
Draft policy to Co1rci1
7/88
2/22/86 Initial draft capital budget
diaoa mud
Council adoption
V%
Golf Cmrse
M io,meot of Gaineas
7/87
a.rategy
An1u1 Control
Evaluate p[ogram
8/88
0te eervlm to itay
tawspn n5 Paedmnrc!<rna BeeCn19M
i
5. inntw PFSJIIR:FS
Ctegeruatim
5. fleNRfltt
Cotinity lofm�tlmt/
u. Ietter
F.aplme Petfcrw 01185 ForMl Plan m 2/88
lnt out as tl oi. F.1 Play a tljustwents
to tmpereatlm Pi o presented 1123/88
11.5/m PL sdptM
4/1VU to� with repmt
s Itttl to state
lYym'a mtic1 Sgo�y
rnLatim of eyst� 8/88 !Cyma'a art rcle [meat to —trw
to 8/88 fm n t evaluaelm
A
LIST OF LICENSES FOR COUNCIL APPROVAL
FOR MEETING OF July llth, 1988
SOLICITATION LICENSE - Greenpeace USA
2637 Nicollet Avenue South
Minneapolis, MN 55408
Minnesota Coact
2395 University Avenue
Suite 0304
St. Paul, MN 55114
SEPTIC SYSTEM INSTALLER - Ouverson Excavating
Rt. 1, Box 101
Montrose, MN
C+�t;NCll. AkEft
t i tsar:�
�f Wqo
License No. _
APPLICA719N FOR SOLICITATION - $20.00 fee Date F.ceivcd
i Date Expires _
CITY OF ORONO
JUN 1 8 lase 1335 BROWN ROAD SOUTH
BOX 66
I�, J / CRYSTAL BAY, MN 55323
Organitationr�;ef'G;4-4C�i[e L)_W
Address:-2G37 ,co/ c Mkf, e'sveY
Representative -
Address: //2 Gccq st, SE^mjpc j�c-r vix
Phone-?'/-O3?,�_
Phone 3 %k-UU7
Check One: Business Solicitation Contribution Solicitation lid
Number of People Solicitating within the City 30 4L ad" a-y u�ye, T,^-)
Provide list of Names of Solicitors on back of this application.(-, fd�
Type of Product to be solicited Noe. �i✓.N :di,.•%� f'nNi,7�uiv/Q,u-�s(, dLZ,12 )
PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE.' POLICE CHIEF SHALL HAVE FIVE (5)
BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENLATION PURSUANT TO ORONO
MUNICIPAL CODE SECTION 5.30 SURD 5(a)-
--------------------------------------- ----------------------------------
ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS
Subd. 3. Prohibited Solicitation Practices.
A. It is unlawful for any solicitor to engage in solicitation for any
unlawful business or organizational purpose or activity.
S. It is unlawful for any solicitor to practice harassment, nuisance,
theft, deceit, or menacing, troublesome or otherwise unlawful activities during
the course of solicitation.
C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to
residential premises displaying at such entrance a sign with the words 'Peddlers
and Solicitors Prohibited• or *Solicitors Prohibited•.
D. Ie is unlawful for any solicitor to refuse to 1, a business ptemi. :n
requested by the owner, losses, or person _n charge thereof.
E. It is unlawful for any person to engage in contribution solicitation
without completion of licensing registration as herein provided.
F. It is unlawful for any pers. engage in Business solicitation without a
license as herein provided.
--------------------------------------------------------------------------
The undersigned hereby agrees to the conditions quot.I above from the Orono
Municipal Code and ar --•elglonal requireaents the City staff may have.
Signature of Applicant /�-- iT% LJ�w4- Date: 6.1J-h-.L-
. -- .---'-fir----------------------
FMCITYDSBONLYs After sevlawof application, staff recomasands the follwing:
Approval of application Daniel of application
Signature of City Official: Dotes
%�24t la .. , i-
_,,,� 110M tyre of poll, n f•Ilirf: 4 �`� Date,?_. ��
f
CITY of ORONO
Peatommeaafa•Cry W1ea1.w,-. .."5023•M.nkip.1Omcs
a
• • • • On the North Sham of Lake Yinneto:-As.
DAT-I PRIVACY ADVISORY
In accordance with M.S. 15.1.65, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license from the City of Orono or any of its departments may
require you to furnish certain private or confidential inform-
ation.
You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license requested.
2. You may refuse to supply data, but refvsal may require
that the City deny the permit or license.
1. The information may be shared with other Local, state
or federal agencies to the extent necessary to process
the permit or license.
4. If your requested permit or license reqires council
action to approve, some informatior, may `,ecome public.
5. You have certian 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.
rat a ast
LC6/L
A res■
Date of birth
key 63w
@ cc nne
f and •tend mJy rights as stated abov
gnOruro
-el}}Mt • AaUFFIRMATIONA nN.)-47)IHI • WWCWok" -e1}1 Xm
City Clerk
1335 S. Brown Rd.
Orono, M7 55381
Dear City Clerk:
We are scheduled to can�-sss your community in the month of
June/July. Please find enclosed th,� li of names, tax-sxempt
letter, and other informatior you request
If you have any further questions, please call me at 874-
0320.
Sincerely
Norm Oppepard
Canvass D : otor
enc.
SR'S
STATE OF MINNESOTA
qLj�DEPARTMENT Of COMMERCE
v4t(vvi%�f
ST. PAUL SSIOI
OPnCE Or TwE COMMISSIONER SOS METRO SQUARE SUILdNG
ST. MCL MN YY
June 25, 1985
Randy ,
607 Was on Avenue
Mlnneapo,.o Minnesota 55415
Re: Oreenpeace U.S.A., Inc.
Dear Mr. Jones:
This Is to Inform you that the above -referenced organization
Is registered with the Departmert of Commerce under Minn.
3tat. Chapter §309.50 - 309.61 (1980); the Mlnneso'.a Charitable
Solicitation Act.
The registration Is not to be interpreted as a statement
of approval of the organization's manag=nent and program
activities by the Commissioner of Commerce or by the State
of Minnesota.
r Also, remember that the annual report and financial statement
are due vlthln six months of your accounting year end. We
` will send the forms upon request.
Very truly yours,
MICHAEL A. HATCH
Commissioner of Commerce
I
By. /, J
VESSA BEAUDR§
Charities Examiner
(612) 296-6324
MAH:VB:cc
AN 9QUAL OPSORTUNITY aMPLOVEA
CREFNPEACF 7ANVA55FRS
Brian James Boudreau
828 17t'h Avenue S.
Minneapulis. MN 6,415
11/6/46
8360-098-402-853
Norman Mitchell Oppegaro
112 Cecil St, SE
Minneapolis, MN ri5414
9/5/49
0126-636-603-691
Reed F. McEwan
310 Pillsbury Dr. ';E, s10k1
Minneapolis, MN 55455
5/15/64
073-44-1641
Sam Fuqua
283 Forbes St.
St. Paul, MN S5414
12/7/63
Bill Busse
2386 Stewart
St. Paul, MN 5511n
2-25-65
James Patrick Falvey
212 W. 26th St,
Minneapolis, MN 554,14
9/12/64
F410-367-676-709
Carson George
1430 James Av. N.
Minneapolis, MN
9-12-66
B.B. 9476-84-677?
Susan vim
811 Poplar St.
North4lolo, MN 55415+
1/11/66
SS s317-82-2465
Brim D. laakasuo
213 W. 26th St,
Minneapolis, AN
12/1/64
John Gleason
2820 Brrookwood Tr.
St. Louis Park
11/18/66
471-94-2622
Joe %uelino Hunt
3037 Sth Ave. 8o
Minneapolis, MN 55408
'• 7S/64
H`C7i,-S56-544-204
Matthew Wellington Squire
2545 Pillsbury Ave. S
Minneapolis, MN 55404
10/68
Jan Henrichsen
2111 Delaware St.SE 4334
Minneapolis, MN 5$414
B.S. 0504-04-1612
1'hi I I I p Nyhus
7017 2Pth Ave. S.
Ml nnenp oils. MN 55406
lilt/67
SE' e388-84-9130
Alison Cunoall
.''-:e4 Harriett Ave. South
Minneapolis, MN
John Lofy
4621 Bryant Av. S.
Minneapolis, MN 55409
11/l6/66
❑i 0 IIS-878
SSa 475-96-4886
Michael Sean Squire
2545 Pillshbury Ave S.
Minneapolis, MN
3/25/64
kirsten Rae Johnson
2420 grand Ave. South
Minneapolis, MN
9/9/60
Sam Fuqua
Chris Kline
283 Forbes St
10569 6th St. NE
St. Paul, MN 55102
Minneapolis, MN
9-17-65
Lisa Faustino
Jwnelle Whittinghom
2913 171h Ave South
-141 4th St. ICE
Minneapolis, MN
Minneapolis, MN 55414
12-17-56
7-15-69
DLN W-352-368-585-559
SSe 469-04-3824
Gloria Zeigar
mottnee Thorsen
1499 North Ll.:veland Av.411Ae
1!iS black Friars Ln
St. Paul, MN 55108
tinnetonka, MN
February 23, 1965
11/21/66
Mark Mitchell
Laurie Butler
1775 Munster Ave.
7547 Harriet Ave. S.
St. Paul, MN
Minneapolis. MN 55405
8/25/67
2/14:67
Rachel Sarah O'Toole
Lynda Christian
3223 37th Ave. S.
b709 Apache Rd
Minneapolis, MN 55406
Mole, MN 5543e
3/20/7ti
2/10/66
S.S. a477;-74-6021
John Nygerd
He,di Gjengdall
8869 42nd Ave. N.
3613 Robin Lane
New Hupp, MN ;'s427
Minnetonka, eN 55343
/0-L-51
ll/26/66
SS 0470-54-51-6
SS 4469-98-2981
Rhea Flaten
"h; .•-,tophcr ^finer
Route 1
254;7 Hicollet Ave S 012
BpRerset, Wl
Minneapolis, MN 55408
3/3/65
88 0502-76-1865
SSe 476-82--�614
Paul Krogseng
Vivian Barth
7300 39th Ave N
iril Hiwi.re� Circle
New Hpoe, MN 55427
Fridley. MN 55421
85 a 470-04-27,08
DL a9-630-098-275-959
Daniel Hennessy Shennon Thoapson
2222 Emarom Ave N. 1<,ti2 Fort.lano Ave
Minneapolls,MN 55411 St. "oul, MN 5ulo4
7/2/57 ;/12/68
DL eH-520-135-738-523 DL e5553163 (Matnel
State
f.
ToHECP
OF STATE
CERTIFICATE STATUS
00\IE:ST:C CORPORATION
1. SIARCH MNG F.U. Secretary of Stab• of the State of Californo, hereby certify:
Thal use she. 20th day of November .79 ve
GREENPEACE U.S.A. INCORPORATE
Israarne incurµrru hid under the lau'r of the State of California by filing its.{rticles of !n-
rnrlNmltion in this office; and
That no record exists in this office of it certificate of dinsthation of said corporation nor
of it court order declaring dissolution thereof, nor of a merger or consolidation which ter-
nisnated it., exultance; and
That .vid rorµsns l ion's corporate µn& e•rs. rights and privileges are not suspended on the
records of Ile is Office: it nd
Thal ncrnrrhng to the records of thin off u-cs. the sold corpora non is authorized to exer.
.•Ise is its rursorts le pit cc right s a nd prrc doges and a i n good lrgal s•iandias in the 5' if
of Califurnrn; and
That tin infurnso Iton is acniluIde ire Ihis off we on the financial co hills Ion, bassness sic.
fixity or prnrlis'ri of this Corpararton. I further certify that said corporation
wits organized under the nonprofit Public Benefit Law.
1cs, 11'I l]r:S5 a IlF.•REO P.I exideldr oleo
I rrlllii ale (lilt/ n ix the Gri•al .5ral
of Iu• .Stale r� Califanlba this
rl ul of
11eB NaroA, 1'991'
s...n.....I vc.
internal nevmme Jdl rice
District Director
✓apa.auwui Gl ule Iludauly
IA:M8106 yo
is"i APR :l 8 1981
> Groonpeace U.S.A. Incorporate
c/o Douglas Faulkner
2007 "ll" Street N.W.
Washington, D.C. 20009
G mtla :
our tee« Dow: January 8, 1979
swnwa m Cwntae4 W.E. pure
ownlect TMwphwee number (213) 688-5787
This modifies our letter of the above date in which we stated that
you would be treated as an organization which is -ot a private foundation
until the expiration of your advance ruling period.
Based on the information you submitted, we have date mined that you
are not a private foundation within the meaning of section 5o9(s) of the
Internal Revenue Code, because you are an organization of the type described
in section 509(a)(1)• T70ur exempt status under section 501(c)(3) of the
code is still In aKect-1
Grantors and contributors may rely on this determination until the
Internal Revenue Service publishes notice to the coot rmry. However. a
grantor or a contributor may not rely on this determination if he or she was
in part responsible for, or was aware of, the ant or failure to act that
resulted in your loss of section 509(a)(1)• status, or acquired
knowledge that the Internal "avenue Service had given notice that you would
be removed from classification as a section S09(a1(1)• organiza Lion.
Because this letter could help resolve any questions about your private
roundation status. please keep it in your permanent records.
If you have any questions. please contact the person whose name and
telephone number are shown a:.ove.
Slncenl Jynyou: e .
—41
Vv' P V
District Director
*and section 170(b)(1)(A)(v1)
P.O. Box Z350, Los Angola. Calif. 90053 Leiter 1050 (DO) (7-77)
Dear Applicint:
IM1.,lrtanrIII l all 1•h/- Tl l•rlun y
D0Q�amv 500%g V
Internal Revenue Service
a... I. to, rawt R J. Jobs
JAN 99 197q L-391, Cade 3g@aor..2:Gt
Detormination Section (213) 668-4553
Gresripeace U.S.A. Incorporated
295 Fairview
Loguna Beach, California 92651
A-00-Iw F- gmea,s: December 31
F. two me'uhee: 01 vft O Ile
Ae.eaw muu,B ti+e. E. Decmaber 31, 1980
Based on the Information supplied. and assuming your operations
will be as stated In your application for recognition of exemption, we
have determined you are exempt from Federal income tax under section
501(0)(3) of the Internal Revenue Code.
Because you are a newly craitod orgawlaatloa, we are not now malting
a final doternimatlon of your foundation etatua under section 509(m) of
tho Code. Xowevor. we have determined that you can reasonably be
•zpected to be a publlclr supported organization of the type described
in section 170(h)(1)(A)(vi) aid 509(a)(1).
Accordingly, you will be treated an a publicly supported
organix .Ion, and not as a private foundatlon, during an advance ruling
Period. This advance rul.nl period Nglne on the date of your laceptism
and ends on the date whom above
■ithin 90 days after the and of your advance ruling period, you
must "halt to us information needed to determine whether you have met
the requl rltsents of the applloaolo support toot during the advance
ruling period. If you establish that you have been a publicly supported
organization. you fill be classified y A section 509(9)I1) or 509(a)(2)
organization 00 long am 1ou continue to meet the roquiramants of the
applicable support test. If. however, you do not meet the public oupport
requirements during the advance ruling peflod, you will be alseaifled
am a private foundation for future periods Also. in the event you are
classified as a private foundation, you till be treated am a privets
foundation from the date of your inception for purposes of sections
507(dl and e9e0
Grantors and donors any rely on the determination that you are
not a private foundation until 90 days after the end of your advance
rullnl period In eddi Uoo ',.f y .. subrlt the renu:red information
within the 90 days, grantors and donors say continue to rely on the
advance determination until the Service makes a final deteminstlon Of
your foundation status. However, If notice that you will no longer be
treated as a section 170(bH1)(A)(v0orgnnization is published in the
Internal Revenue Bulletin, grantors and donors say not rely on this
determination after the duo of such publication. Also. a grantor of
donor may not rely on this daterminstlon if he was in part responsible
for, or .aa aware of. the act or failure to act that resulted to yosr
lone of ssctlon 170(b)(1)(iu(YL)Stztus, or acquired knowledge that the
Internal Revenue Service had given notice that you would be reacted
rrom classification as A section 170(b)4li(A)(vi)ergmnisaties.
Donors may deduct contributions to you as provided in $mottos 110
of the Code. Bequists. legacies, devises. tianefers. or gifts to you or
for your use are deductible for Federal estate and gift tax pu'rpesN
If they seat the applicable provisions of sections 2055. 2106, and BBBB
of the Cods.
You are not liable for social security ;PICA) taxes unless you
file a "Ivor of exemption certificate an provided in the Federal
Insurance Contributions Act. You are not liable for the taxes imposed
under the Federal Unemployment Tax Act (FWAI.
Orgasizatlons that are not private foundations are not subject to
the OXCLSo taxes under Chapter 42 of the Code. However. you are not
automatically exempt Tres other Federal excise taxes. If you have Say
questions eoneomlng these taxes. plsese let as )Inew.
If your sources of support, or your purposes, character. or method
of operation is Granted. you should lot us know so we can Consider the
effect of the charge your status. Also. you should Infors as of all
changes In your base ui address
If the yes box at the top of :his letter Is chocked, you am
required to file Fors 990. Return of Organization F.xespt From Inaomm
Tax. only If your gross racalpts ewc yoar are normally more than $10,000w
The return is due by the 15th day of the fifth month after the
wnd of your annua. accounting parloJ The law Imposes a penalty of 810
a day, up to a ma:umum of $3,000. for failure to file the return an
LINO
You are not required to file Federal income tax returns "is" you
am subject to the tax ran unrelated business Income under section 511
of the Code If you are Subject to this lax. you oust file an income
tax return on Form 900-T In this letter wa are not determining whether
why of your present or pr-. ad activities are unrelated trade of
business as defintd In me '13 of the Code
You need an axployor Ice, 'ificatlon number even If you have no
+aployots If an mployer lb+ •fieatlon member was not entered on
vour appllcatton a number will be assigned to you an] you will be
.dviaod of it Feast use that number on all returns you Pilo and 1n
all correspoudonce with the Internal Revenue Service
cl Sincerely yours.
amr,yp
_ E
OFFICE OF THE COMMISSIONER
June 25, 1985
STATE OF MINNI'sSOTA
DEPARTMENT OF COMMERCE
5T. PAUL 55101
Randy Jones
607 Washington Avenue
Minneapolis, Minnesota 55415
Re: Creenpeace U.S.A., Inc.
Dear Mr. Jones:
SW METRO SQV. RE SVILOI .
ST. FALL. MN SUM
This is to Inform you that the above -referenced organization
is registered with the Department of Commerce under Minn.
Stat. Chapter $309.50 - 309.61 (1980); the Minnesota Charitable
Solicitation Act.
The registration is not to be interpreted as a statement
of approval of the organization's management and program
activities by the Commissioner of Commerce or by the State
of Minnesota.
Also, remember that the annual report and financial statement
are due within six months of your accounting year end. We
will send the forms upon request.
Very truly yours,
MICHAEL A. HATCH
Commissioner of Commerce
By: / /
///)
V NESSA BEAUDRV J/
Charities Examiner
(612) 296-6324
MAH:VB:cc
AN IOUAL OPPONTUNITY [M►17TiR
License No.
APPLICATION FOR SOLICITATION - $20.00 e-e -Date Received
Date Expires
CITY OF ORONO
1335 BROWN ROAD SOUTH
BOX 66 !4
CRYSTAL BAY, MN 55323
'-•' 6JC: 9 'J a 4
Organiaationt Co Phone /4.S-O/J _ '.'f
Address: 9139V UeliAr-51n,; evi.—'-Y'2i V
Representatives kfll-ke4:�-IQf -kf,�,e -� Phone (,N S-o I(
Address: �'7,q_ U iT✓ sa, 1i 30LI
Check One: Business Solicitation Contribution Solicitation
Number of People Solicitating within the City 9-
Provide list of Names of Solicitors on back of this application.
Type of Product to be solicited
PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5)
EUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO
MUNICIPAL CODE SECTION 5.30 SUED 5(a).
ORONO MUNICIPAL COON RRGULATIORS O• SOLICITORS
SLbd. 3. Prohibited Solicitation Practices.
A. It is unlawful for any solicitor to engage in solicitation for any -
unlawful business or organizational purpose or activity.
S. It is unlawful for any solicitor to practice harassment, nuisance,
theft, deceit, or menacing, troublesome or otherwise unlawful activities during
the course of solicitation.
C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to
residential premises displaying at such entrance a sign with the words "Peddlers
and Solicitors Prohibited" or *Solicitor* Prohibited".
D. It is unlawful for any solicitor to refuse to leave business premises when
requested by the owner, leases, or person in charge thereof.
R. It is unlawful for any person to engage in contribution solicitation
without completion of licensing or registration as herein provided.
F. It is unlawful for any person to engage in bus inees solicitation without a
license as herein provided.
__________________________________________________________________________
TM undersigned hereby agrees to the conditions quoted above from the Orono
Municipal Code and any additional requirements the City staff may have.
Signature o! _Applicent, a�td Mc ____Dates 6
------------ __________ 4_--_---__-- _ ____________
FORC11TWON GMT s After review of • lfcation, *toff recommends the followings
Approval of application Denial of application
signaters
of
City Official,
Dates
_
sigaatmro
of
Police Chiefs
= a a
kt-Q8�
Dates.
19---.
CITY of ORONO
PatDmm aw N•Crya l Bay. MinnmW'SJ29•Muniaiwl om,a
e
On the !North shore of Lake hliwnefoahe
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license from the City of Orono or any of its departments may
require you to furnish certain private or confidential inform-
ation.
You are notified that:
1. The information you furnish will be used •.) 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 federal agencies to the extent necessary to process
the permit or license.
6. I£ your requested permit or license reqires council
action to approve, some information may become public.
S. You have certiin rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and data of birth are required to process
this application or permit.
oF�e
I understand_ my rights as stated above.
x ..4� A,-���•C 0
natura —�
aeaae•sa l0ls:r-a)})µ) •
aaaarte ADOWNISAIRW A felA-a)})ye • WRlrwwaaY_t)})Mf
CANVASSER: WARD/PRECINCT: DATE:
CO: LO: TOWN'. 21P CODE:
Minnesota COACT
Minnesota Citizen Orgamzatxm5 Acting Together
St. Paul
Duluth
Rochester
MotirRsW
2395 University A".
2904 West 3(d St.
1418 - 1at Are.
411 North Broadway, e207
St. Paul, MN 55114
Duluth, MN 55806
Rochester, MN 55904
Fargo, NO 58102
(012) 645-0115
(218) 628-0391
(507) 281-1116
(701) 2340041
Minnesota COACT is a statewide non profit citizens
orgamzahon working to keep elected representatives accountable to
consumer needs
Minnesota COACT works for:
• HEALTH CARE REFORM a UTILITY REFORM
develop efficient and egunaote hold natural gas companies ac
health care programs countable for gas purchase coals
• TAX REFORM a FAMILY FARMS
close unnecessary dophOes win a moratorium, minimum price
no uicrease in properly and ruses Wt and new debt laws
r cins in essential services
We add our names to the thousands who 11" supported COACT through slgNfla!aconirlWipnt.
Signature j
I. u•.rn Irr'. i
Nsrlttlera j/4br.
t l+ 's q
AddowWGDP4hhe
•gmpww
4z
�T ,i
viadd
7 -rail K
iaOotAigFfNO Irl
a/�id8
t.
)k. oaawl V
6.
e Awu
C ee r I
JJ
e.
'14
nl a.
��,-�,
e. n
F iwa
a.
t
E.
—
3
4
C�
•J
t' I
t. , .. . .. _ -_ ��. i
As pi d w 6910min9 efforts so educate the
oils d Mmema`b and ¢per opportunities
to gd .1eeee4 We conduct a door-to-door
canvass Your 1111ancial contributor goes
!owa"d research, lobbrng and the ongoing
crgarozmg of Minnesota families. COACT
grows with you support. A cor!,joubon of $15
to tee year entitles you to receive T If a
COACT Ness, a quarterly newsletter that
keeps you informed of tow your money is
working for you 0 your contribution is less than
$15. you need to pay the balance within sic
mor7!s or you, membersh,p will exDre.
We wigive you a phone all in abo;:! two or
three months 1b update you or our work and ask
for your continued s;ippon
I Wish to loan the thousands of Minnesotans
srgportng MN COACT Enclosed is my check:
$12 $15 $24 s6n $120
NAME
CITY
CwWed by-_
Beca..se COACT is a nonprofit citizens' action
ofga^¢anon that influences legislation,
can but*m are not tax Aeducnbie Thw* you
r you stow
Kai .Ca•FF I✓r—ktn,�f
fdETRO OFFICE.
2395 University Ave.
Suite 304
St. Paul MN 55114
(612to45-0115
SOUTHWEST OFFICE
415 S. Broad Street
Mankato, MN 56001
(507)345-1219
NORTHEAST OFFICE:
2904 West Third St.
Duluth, MN 55806
(218(F28-3616
CENTRAL OFFICE:
123-1/2 East Broadway
Little Falls. MN 56345
(612)632-5867
SOUTHEAST OFFICE.
14181st Ave NE
Rochester, MN 55904
(507f281-3476
Citizen involvement is what makes Minnesota
COACT strong and effective. There are lots
of opportumbes to join other COACT members
in getting the work done. Contact your locaa
oldce for more information
Minnesota
citizens' organizations acting together
Families with middle to moderate incomes
are too often unable to afford their basic
needs, such as health care and utilities.
Just as often, they are not represented
when key decisions on these issues are
made in our legislature. COACT has over
25,000 members. Together, we have the
strength to win social and economic
justice for all. Look at our winning rel*rd
and join COACTs efforts to build dtizcn
power in Minnesota.
s -04W I
AFFORDABLE HEALTH CARE
In to Unted Sates we spent 10 9 percer• of
" Gross Hationai Product on health care in
1986 ($485 bdhon). yet 37 million A^ericans
under, age 65 had no health insurance. COACT
working with sate and national coahbons to
lxovids adequate and affordable hearth are for
so
we hew successfuky
• helped organize the largest ieahh care
Cali in our sia!e's fvstory -- Minnesota
National Health Cie Coalition
We edrbnus to work for.
• passage of iogslahon to provide protection
for the oderly against the cost of
catastph�c 41nesses
passage of Hee span, a program proposed
oy Mnnesoa's Department of Health which
is des" to insure the uninsured m Mn-
resole
• programs and incentives that contain the
rising costs of hospitals. doctors and
Insurance
Over, the past several years to tax burden has
continued to slim on to those lea-' be to
effad a -- noddle and moderate income Wmtlies.
Togoltw w.th Minnesota Cr,,.ens for Tax
Jvstp. COACT s working for progressive tax
retorm
We have successfully
• wcrked to pass legislation lowering every-
one's income taxes by raising the
standard deduction and personal exemptions
• worked to close tax loopholes that primarily
benefitted the very wealthy
• worked to pass the Unitary Tax which
requires multi -sate corporations to pay
then fair share of sate taxes
We continue to work fori
the prevention of increased property and
sales taxes and cuts in essential services
such as education, polKe and fire Protection
e : l Zsl'l
Bea^,a of our cold winters, the availability of
affordable enemy supplies is essential to a
healthy economy here in Minnesota. COACT
has worked long and hard for many years now
to assure this
We have successfully.
brought about charges in Public Ulildres
Commission regulations Ina' now require
natural gas utilities to prove they have
regotiated the best possible wholesale g=s
conha:ts with pipelines
prevented the accelerated decontrol of
natural gas prices, saving Mili thou-
sands of dollars :n heating costs
We continue to work for.
• the assurance of affordable energy supplies
by monitoring the actions of our legislNure.
PUC, and utilities
PRESERVE THE FAMILY FARM
Minnesota continues to lose family farmers at
an alar-ing rate. This i5 harmful to our
economy, environment, jobs, and quality of food.
COACT is organizing family farmers and other
royal and townspeople to protect Minnesota's
farm economy.
We have successfully:
• worked for the passage of sate mandatory
mediation and debt res. . during laws
• worked to reform the policies of the
Farmers' Home Adminisoaoon n dealing
with famhy farmers
• worked for the passage of foreclosure relief
legislation protecting qualified farmers and
tome owners
We continue IG work for:
• the passuge of new federal farm legislation
including supply management which would
guaranr,e arme:s a fair price and
consumers a ccnsistent and quality sourm
of produce
ORONO POLICE RECORD CHECK REPORT
MEB3. KEY C ff]ROL NOMBER IOCAI CONT AGENCY NCIC IDENT ICAGI
EE C I /
ININ / OATE IIE_ SORTED (RFD) / TIME RFD ITRII' / WCATION GRIND NOR ILGNI / E4CE COMMITTED VLCI
LNBR NMD BADGE NOOBNI TIME A90 ITABI TIME AMR (TAR) TIME CLR ITCLI VNMN
o ,IBNmsI-Io %o %o I :I
ENTERED C.I. M. B. ❑ N NVI
M.MN
r MINI
:IMMear r: �i� i%lit%12GC /�tT1 SEES+ /AMAl COgGT � 9 S S
MANOR— NfA _EEn
DOE —Val
Rs
wrrEM:
rICI HS /
!!CA
DL
MINCIS �tl
NCIC
Dept of Pub4w HNBn
HenMDIn CtT WBOenM
Home C rft WerrenM
Hp . ADDreBE Vw111eD
SEPTIC SYSTEM INSTALLERS
LICENSE APPLICATION
CITY of ORONO C.r1N say, kemm..ml. mmfa
OtALDING A ZONING - 4731)51
ASSUSING
All questions must be answered. License fee, bond, certificate
of insurance, and evidence of MPCA Certification or Home Sewage
Treatment Workshop attendance must accompany this application.
All applications are subject to a ten (10) day approval period.
1. Business or trade name�•/p�SvN Cr1(C/c�!/
2. Business address ao Y (0 ( /Ys^Ok A o-; a %1,�/~ '
3 Business phone 46%ice.17�% Residence phone GJS 3�ty0
4. Name of applicant Gr company representative holding MPCA
certification IAOM�'•'�• Z N�
5. Type of certification held: Installer Pumper
Site evaluator System designer
Is this a ProvisionaYCertificate7 Certificate NoQ�
V Iz fl
6. If no Certificate is held, provide evidence of attendance at
one of the On -Site Sewage Treatment Workshops held immediatel
prior to the current construction. season.
7. Have ycu ever h9ld a Septic System Installer license in
Orono before? y� Most recent year
S. Have you ever had a license revoked? �J When?
Where? _
0. Do you do Municipal Sewer hook-ups? Yes_ No
SUBMITTALS nGVuinou:
L� $25.00 license application fee. --' -
. $2000.00 license and permit bond naming C.ty of'O}0no as -
obliges. The State Plumbers Bond will not be accepted:-_:
✓� $10-50-100,000 minimum Certificate of Insurance.'` =
Copy of current MPCA Certificate or evidence of attendance
at On -Site Sewage Treatment Workshop held immediately
prior to current construction season.
LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED.
List persons other than applicant who are authorized by you to
apply for permits under your license
The undersigned hereby makes application to the City of
Orono, Minnesota, for license to install and repair septic
systems, and/or pump out septic tanks, subject to the laws
of the State of Minnesota and the Ordinnnc s of the City of
i Orono.
Data Applicants Signature '�° 4o'�
Staff recommendati Approval Denial Date
CITY Reason [or dcniall
} OYDBMLCity Council Action Date Approve _ Denis
Date license mailed
/
3�
P A Y R
CITY OF
ORO
�u,1
Ounc,L Y-T-D • - -
- - - -
DIV GROSS GROSS E%PAALLOY,..
EMPL-NO
NxwE
CALLAHAN EJ 11 1691.69 241 67
rAn
GOETTEN 7 11 1691.69 241.67
GRABEN 7 11 2100.00 700.00
P��r
PEIERSONSA 11 1691.69 24
SIMEJRYJ 11 1450.0E 0.00
�I� QRuft
COUNT
GRAND 1,025.01
PAID
00004
TOTAL
00005 TOTAL
TOTAL
FICA TAX GROSS M .00 EMPLOYERS FICA
A ft GROUP HEALTH
B w PHYSICIAN'S HEALTH PLAN
C = BLUE CROSS/BLUE SHIELD
D m MEDICAL CENTER PLAN
E m PRUDENTIAL
F m COORD. HEALTH CARE
G a MINNESOTA HMO
H m TRANS-AMERICA OCC.
I • BANNERS LIFE
J w MUTUAL SERVICES
N m MUTUAL OF OMAHA
L - EMPLOYEE'S BENEFIT
M m AETNA
N a NICOLLET EITEL
0 a LEAGUE ur CITIES
P m METROPOLITAN HEALTH PLAN
0 a SHARE
1 • HEALTH CARE MAINT ACCT.
MISSING HOSP CODE FOR SOME EMPL'S
CITY F Or0 � P A Y F
E MPL� I+ � �D IV Ag
SST GROSS E%P/ALLOU
0
I
H
M
IS
AG
BL 31 17848.38 1340.38
ME 12 25531.96 2044,06
SA 31 11242.95 841.90
JL 12 64SS.81 581.61
SO 93 1555.52 320.88
JF 42 19634.74 1485.10
MB 35 295.80 209.10
GB 31 10417. 49 1415 00
JL 31 16822.16 1306 51
RJ 35 2720.50 0 00
IH 31 16466. 09 1337 96
DJ 93 698.86 175.88
MR 31 17821.14 1273.S2
PS 33 437.SO 437 50
DT 31 15096.85 1251.1S
JM 31 17049.98 1273.52
MP 33 15148.26 1166.40
JR 42 21250.00 1636.08
JO 42 15137.64 1068. 40
OM 12 13378,01 1030 00
8C 42 13328. 70 959.20
CJ 31 5960,81 527.53
TJ 33 15148.B5 1166. 40
BP 31 16333.31 1296.05
MH 31 22826,79 1760.00
M 31 4967 74 132 13
MJ 33 0.00 O.OD
CA 15 9337. 45 743. 77
TM IS 20838.51 1604 40
DJ 93 87.13 0.00
JA 33 18420.61 1410 24
MA 35 48.45 20 40
RA 15 11230.'7 668 64
YH 93 1028.25 47. 25
MF 31 19121.81 1349.34
J 31 17828 44 1492. 01
J0 31 4444 OS 240 50
DO 93 961.89 40 38
LE 33 12562.96 964 08
PB 31 505.00 0 00
PL 12 6197 30 502 05
RU 93 0 00 0 00
WA 92 14483 73 1153 33
JA 93 292 50 114 75
JJ 42 13429 10 959 20
CA 31 12006 01 888 84
DS 4E 13453 60 9S9 20
Re 93 13933 89 1072 80
BG 93 1525.00 342 50
MR 31 14113 80 1091 60
LF '_: 14207 01 1132 54
CITY OF ORONO
P A Y R
Y_T_D • _ _ _ - _ _
E" "^ NAME DIV GROSS GROSS E%P/ALLOW
TOMCZYK MN 71 16458.99 1E9.0
WALBH KL 71 0. 00 00 0.00
COUNT GRAND 1447/1.IS 4
PAID 00047
TOTAL 00057 TOTAL
TOTAL FICA TAX GROSS w 22.TSE.41 EMPLOYERS FICA
A m GROUP HEALTH
B m PHYSICIAN'S HEALTH PLAN
C a BLUE CROSS/BLUE SHIELD
D a MEDICAL CENTER PLAN
E • PRUDENTIAL
F • COORD. HEALTH CARE
G • MINNESOTA HMO
H • TRANS-AMERICA OCC.
I a BANKERS LIFE
7 w MUTUAL SERVICES
K a MUTUAL OF OMAHA
L a EMPLOYEE'S BENEFIT
M m AETNA
N • YICOLLET EITEL
0 • LEAGUE OF CITIES
P a METROPOLITAN HEALTH PLAN
0 m SHARE
Z • HEALTH CARE MAINT ACCT.
MISSING HOSP CODE FOR SOME EMPL'S
1100 CIT1 as, OP000
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