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HomeMy WebLinkAbout78-378 SubmittalW- 54 STATE OF Mih'\'SSOTA Rev. 74 \ DEPARTMENT of NATURAL RiSOURCES Division of Waters, Soils Ll Minerals APPLICATION FOR PERMIT TO FnRK IN PUBLIC WATERS Henne it n County P,.rk R serve Di5CLjSL the owner of land in Government lot(s) (pm�nt or tyFe c;)plicantrr, n=a) Baker Park Reserve quarter section(s) __ , section(s) 30 township no.(s) 118 g ( 2 3 ran s) a , Box_ 296, Maple Plain MN 55359 (fire no., box ro. or ess(lot, cTc G au svtsa.on county(ies) Hennepin , which is riparian to Lake Katrina r=8 of lake or etre= applies pursuant to Minnesota Statutes Chapter 105 and other applicable statutes for a permit to work in the public t,ater(s) named above, in accordance with all data, maps, plans, and other information submitted herewith and made a part hereof. PROPOSAL IT IS PROPOSED TO: Q excavate, ® fill, (= construct, = remove, (check) Q install, = aba.idon, or = other(speciA ) THE FOLLOWING. Q dam, Q shore -protection, Q shoreline, C7 harbor, = channel, Q bridge, (check) Q culvert, Q7 wharf, Q obstruction, or Q other(specify) Marsh JUSTIFICATION Explain why this project is needed: To complete the Baker Park Reserve Trail Loop which will provide for horse, bike hike and snowmobile trails. ENVIRONMENTAL IIPACT 1. Anticipated changes in water and related land resources: The Edge of the marsh will be filled Water levels should not be affected 2. Unavoidable but anticipated detrimental effects: The plant and animal communities in the area of the filling will be destroyed 3. Alternatives to the action proposed: Do not complete trail loop. PROJECT SITE DATA 1. Describe the tyke and amount of aquatic vegetation present: Cattails, Sedge, Reed Canary Grass 2. Describe the nature of the material beneath the water Marsh Muck 3. Describe the nature of the upland area: Brome Grass 4. Describe type and amount of nearby shoreland developoe^t: None S. ENCLOSE SKETCH DESCRIBING WATER LEVEL 1LUCTUATIONS. (see instructions) ATTACH EXTRA SHEETS IF NECESSARY (continued on reverse side) h.. Channelling Existing Total length (feet) - - - - - - Length in lake/stream (feet)- - Bottom width (feet) - - - - - - - w- Sd CONSTRUCTION DA'rA (also attach sketch or dran:i,:g) Proposed Alterations along shoe Proposed Distance aloro shore (feet)- - - - - - 1200 Ft. Distance water -ward (feet)- - - - - - - Side slopes (ratio) - - - - - - - Thickness of fill material (fact)- - - 3 Ft. Average depth (feet)- - - - - - - Gr.tdient (Z)- - - - - - - - - - - Depth of excavation (feet) - - - - - 1. Describe type of excavation equipment to be used, if known: Estimate use of cats and scrapers or trucks and loader 2. Describe location (include map) and characteristics of spoil disposal site proposed: N.A. 3. Would maintenance excavation be necessary? (cheek) Q YES Q NO Explain: N.A. A. Volume of material to be removed initially (curnc yards): Muck or silt N.A. Sand or gravel Rock or stone SEE NOTE AT1'ACKMENTS Q $15.00 filing fee, C7 photographs, C7 other (specify) See attached description E naps Applicant declares that information submitted herewith and state©ents r..ade herein are a true and correct representation of the facts, and tndt the filing of this application and information with the Commissioner of Natural Resources is prima facie evidence of the correctness thereof. COMPLETE APPLICATION SUBMITTFD T0: (1) City of Medina Mane of city or toanrehip street a post office (z)ljjllnehaha Creek Watershed Dist. Uarne of uaters�ed�zstr:ct (3) Shoreland Management Administrator of County Dated this 2�7thday of January 19 78 Signed —District ngineer (applic=rt) Nennapin County Park Reserve District (lecaee) Address Box 296 City Maple Plain State HN Zip code 55359 State of Miiinesota } ss. AFFIDAVIT Phone 473 4693 County of gENNc`P/N ) — on this — 19 7 $ before me l Z day of—�e1►1u.�-�personnally appeared ..1 6_Y11 who being first duly sworn and to me known to be the person who executed the foregoing application, acknowledge(s) that _ t4 — executed the same as own free act and deed and that the statements, maps, plans, documents, and other supporting data are true and correct according to �'1 best knowledge and belief. x.0 a�uwAAAAALUAAA u�►uuu :tt Kotar Public y Check for filing 1 i ng fee i s being ,r ounc processed and will be sub �ted, ART OU,1:Ic• fwlh Mf GOTA My commission ex `i w_.:vfPry couhrr_ 1 �_ by 2/6/78.—<<r�.,,, f.r... .' yirrrvrrvrrretV.... tt•s�.v.,...�.---, c� 221 Rev. 74 STATE OF MINNESOTA DEPARTMENT of NATURAL RESOURCES b:i.vision of Waters, Soils and Minerals NOTIFICATION OF PERMIT APPLICATION INSTRUCTIONS FOR TtiE APPLICANT Minnesota Statutes, Section 105.44, Subdivision 1, requires you to supply a complete copy and all supporting data of your water permit application to the following: A) The chief executive officer of the city or township within which the project is located. B) The secretary of the Board of Managers of the watershed district, if any, within which your project is located or which your project may affect. You MUST certify having served the complete application on the above in the box on the back side of the application form W-54, IN ADDITION, if your project is NOT located in a city, a complete copy and all supporting data of the application should be submitted to the Administrator of the Shoreland Manage- ment Program for the affected county. Complete this form for each notice served on a local government official. SECTION I (TO BE COLLETED BY APPLICANT) TO: A) Chief executive officer of the (check) [W city, Q township of Medina print or type name) B) Secretary of the board of managers of the Minnehaha Creek watershed district. (print or type name) C) Administrator of the shoreland management program of county. (print or type name Timothy I. Marr Maple Plain District Engineer FROM: Hennepin County Park Reserve Dist. Box 296,MN 55359 Date: January 27, 19 78 print or type name and address of applicant) INSTRUCTIONS FOR THE LOCAL GOVERNMENT This report from provides you an opportunity to submit input to the Department of Natural Resources to assist in deciding whether to ;rant, modify, or deny the requested permit. It is NOT absolutely- necessary for local agencies to officially approve or disapprove the project or make any recommendation, although this may be done if desired. It is requested that local agencies indicate the following, as applicable: A. The relationship of the proposed project to local plans for the affected water and related land. B. The relationship of the project to local land use controls including flood plain and/or shoreland regulations, (continued on reverse side) I r e w-221 C. Any possible effects of the proposed project on the water resource, navigation,•fish and wildlife, conservation, pollution, and the general Vablic intere=t. D. Any recommended modifications in the proposal or other alternative way of achieving the desired objective which dould reduce undesirable effects. E. Any pertinent factual data available concerning the water body or the proposed project. F. Reasons for any local objections. Please complete this form and return to the address shown in the lower left corner of this page within 15 days, if possible, or inform the department if additional time is needed. SECTION 1I (TO BE COMPLETED BY CITY, T0PRISHIP, WATERSHED DISTRICT OR COUPITY) The applicant mined on the opposite side of this form submitted a copy of his water permit application on 19 It has been reviewed and the following comments are submitted for consideration by the Department of Natural Resources. (Attach additional sheets if necessary) RETURN TO: DEPARTMENT OF NATURAL RESOURCES Division of Waters, Soils $[Minerals Regulations Unit Centennial Building St. Paul, MN 55155 Dated 19 Gov't Official's name print or type) Signature Title Address Q OANA ��IED pis~ MIPJNEHAHA CREEK LAKE WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: Da eid H. Cochran, Pres. a H. Dale Palmatier a Albert L. Lehman • James S. Russell • Jean Williams February 22, 1978 Mr. T4.mothy I. Marr, District Engineer Hennepin County Park Reservo District P.O. Box 296 Maple Plain, Minnesota 55359 Re: Permit Application No. 78-18 Location: Lake Katrina Wetlands Near Trunk Highway 12 Orono -Medina Purpose: Wetlands Fill for Trail Construction Dear Mr. Ma.rr : At its meeting on February 16, 1978 the Board of Managers of the Minnehaha Creek Watershed District reviewed the subject permit application. It found the project as planned to be in accordance with the Rules and Regulations and Guidelines of the District and, therefore, granted the permit as submitted. Permits are valid for one year. Please contact us at 473-4224 when the project is about to commerce so an inspector may view the work in progress. Thank you for your cooperation. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District <z�, - a I E. A. Hickok, P.E. EAH/cml cc: D. Cochran - MCWD G. Macomber - MCWD .-4H. Muhich - Orono D. Roehl - Medina E. Schultz - ElNrt Hennepin County Park Reserve District- Bike/Hike Trail, Baker Park Reserve Page 2 Planning Commission Meeting 5-8-78 (Contd.) 78 Motion by Hannah to table this item pending input from City Engineer with particular attention to the trail through marsh the intent being to reduce trail width or move it closer to road. Jim Olson will work in conjunction with applicants., Motion seconded by Frahm and unanimously approved. Planning Commission requred notification of time and place of site inspection so members could attend if possible. Planning Commission Meeting - May 22, 1978 Tabled at the request of applicant to provide sufficient time to meet with Planning Commission on the site. Staff N, to - June 6, 1978 Meeting held on the site to view the proposed trail. Present were the following peopl-: Commission Members McDonald, Hurr, and Hammerel, Staff Members Gerhardson, Jim Olson, and Alan Olson and Park Representatives Tim Marr and .ilex Mayer. PLANNING COMMISSION MEETING - June 12, 1978 Recommended approval of conditional use permit for wetlands variance proposed as design is not detrimental to the marsh. Staff notes MCWD permit on file and DNR application pending. Staff recommends approval subject to receipt of DNR permit before construction and to notice of construction to allow for city inspection o'L work in progress. April 24, 1978 Hennepin County Park Reserve District j Bike/Hike Trail, Baker Park Reserve This is a conditional use permit and wetlands variance to fill some wetlands along Highway12 for the purpose of constructing a bike/hike trail as it rings the Baker Pprk Reserve. The enclosed materials frDM the Park Reserve District explain what is requested and show he extent cf filling on the maps. Planning Commission Meeting 4-24-78 At this meeting present were Mr. Tim Maur and Mr. Alex Mayer. They went through the materials and explained to the Planning Commission the extent of what was requested and the reasons for it. They showed a total of 7.1 mile trail around the entire park and including a 1.2 mile section of trail within the City of Orono. The trail would be asphalt surfaced except through the fill area we are discussing here, which across the marsh would include a crushed lime stone surface. It is expected that snowmobiles would use the adjacent horsetrail in the winter but that the bike trail would only be used by skiers and other pedestrians at that time. Note that this has been before the Park Commission and that Commission on April 4, 1978 recommended approval of the trail as being in the interests of the Park Commission. The Planning Commission was interested in having all members completely review the facts and they did have one question of the Park Reserve District - that being as to how much of the marsh would be filled by this proposal. Planning Commission Meeting 5-8-78 Tim Marr and Alex Mayer were present. They stated that approximately 1.5 acres or 0.3% of total marsh area would be filled. The trail would be constructed to within 50-75 feet of road right-of-way leaving wetlands between road and trail. Jim Olson stated that drainage is probably of only slight concern and that culverts would be used. Applicants stated that they had approval of Watershed District, preliminary approval of DNR hinging on culvert sizing, and preliminary approval but no permit yet from the Corps. Applicants proposed use of construction fabric as a fill base to minimize uneven settling or mixing of fill materials. Upon Planning Commission questioning of what could be done to minimize detriment to the marsh, Jim Olson suggested: 1) move trail toward the road or 2) reduce width. Commission members discussed reducing width, leaving out trees and fencing for the 1200 foot length across the marsh. Commission felt that iinnecessary aesthetic value should not be created to detriment of the marsh. Jim Olson wanted to see soil b-irings and cross -sections of the trail. C DESCRIPTION OP PROJECT The Hennepin County Park Reserve District is preparing plans :.nd specifications for the construction of approxir-.ately 7.2 miles of asphalt paved bike -hike trail within Baker Park Reserve in Western Hennepin County. This project is Fart of the nearly 30 miles of bike -hike trail which will be constructed in our various park reserves this summer under one of Govenor Perpich's trail programs. This trail is a loop around the south half of Baker Park Reserve. lt.ccess to the trail will be from County Road 56, County Road C19 and County Road #24, and a trailhead area near the Baker Beach. At the south end, the trail will run along the perimeter of the Take Katrina marsh for a distance of about 1,200 feet. We propose to construct a fill adjacent to this marsh to support the combined bike -hike and horsetrails. The new fill will be located adjacent to the horsetrail fill which was partially completed in 1973. We do not propose to sub -excavate before placing the fill. We anti- cipate that some settling may occur during the first years. The surface of the trail in this area will be crushed .limestone, rather than asphalt. We estimate that approximately 6,000 cubic yards of fill will be required. This material will be taken from a stockpile and borrow area near the southwest corner of the park: reserve. MAP OF HENNEPIN COUNTY LEGE.0 H A s S N• • E) C it"- COON ,.HASSAN RAPIDS =K 'DAM REGIONAL PAIN ARK g)g ilA •BRIDDKt YN MAP- GROVEPAA�g #1 RE-CR"T LAKE i C2 '-REBECC PLr 017ij T r RK M F DIN A RESE POSE FIL AREA ' 11A SA TW7 PAMJ A Ao,-4%E rRISTA 4 aa*0%4Wq - L CARVER PARK RESERVE A H ILA 9 PRAIJI U �KE P, IRK J A MA E S WILKIE REGIONAL PARK Lake Independence. - iyy.• .•,�, : .any-• .�+: A `: w ' Y !. . �►r' .ci ► Count 19 -VILCA'Git- of :'- MAPLE.-. PLAIN BIKE/HIKE °PROP_OSED _FILL -..AREA g'' i .j County 24 'LUEND :. .!' KEY- TO FACILITIES -100, MORRIS T. BAKER •_'_.,_.....proposedboundry PARK RESERVE pi�ni� ,property_ hennepin county' i i REGUI.AR MEETING OF THE PARK COJ�2,11SSION HELD APRIL 4, 1978 1•LLr. Alex Meyer and Er. Tim Marr, of the Hennepin County Park Reserve District staff, oresentod the district's plans for a bicycle trail around a portion. of Dorris T. Baker Park. One item of concern to the City is the plan to connect one spur of the trail by permitting bicycle and pedestri&n travel along 12K0, (approximately) of. Starkey Road, a road within any maintained by Orono. A second concern is the proposed (-:ling along Highway 12 of a portion �f the s-,ampy low ground .year the outlet of Lake Katrina (aka Rice Lake) to accommodate another portion of the bike trail. In view of tide advantages of ex- tending bicycle trails connected to existing and proposed ;,rails in Orono, the following recorroienda- tion is made to the council: Motion by Berglund, seconded by Erger: "It is recommended to the Oror• City Council that every effort be made to support the Hennepin County Park Reserve District in its endeavor to construct bike trails in Morris Barer Park, including the connecting spurs on non -park property, provided: 1. Approval eased on thorough study is received from the city engineer, and 2. Some type of release from public liability for that portion of the trail along the public road be secured from the park reserve district. Motion unanimously passed. BI CYC LF, TRAIL AT BAKER PARK ALONG STAR! "Y RD. IN OR0140 Recommendations to council: 1. Approval after study 2. Release from public libility on road Mr. Bruce Dayton, and his attorney, Mr. Louis Oberhauser, appearod before the commission to discuss Mr. Dayton's proposed donation of a certain parcel of Long Lake lakeshore and approx- imately 10 acres to Orono for a public beach and park. Two considerations are foremost in the donor's stipulations regarding the property, namely: 1 Its use as a public facility shall not DAYTON PROPERTY DONATED FOR PUL__,IC BEACH & PARK AT LONG LAKE LAKESHORE 1. Strictly public 2. Disposition of two homes on property 3. Future donation of property - Peterson be limited to persons for any reason re- lated to place of residence, race, or creed. 2. A home now situated at the corner of Old Long Lake Road and East Long Lake Road which is being given to the Spring Hill Conference Center, be permitted a variance to Orono zoning ordinances (2-acre min.) so that a logical property division can be made, giving the city the maximum land possible for park purposes. The house property would retain approximately 80,000 square feet in area. The second house on t:-iis property, situated -2- HENNEPIN COUNTY PARK RESERVE DISTRICT P.O. BOX 296 MAPLE PLAIN, MINNESOTA 55359 • TELEPHONE 473.4693 April 13, 1978 BOARD OF COMMISSIONERS Mr. Al Olson, Planner City of Orono JUDITH S. ANDERSON 1335 South Brown Road BOOMING BLOOMINGTON Lon. Lake, Minnesota -5356 CHARLES R. PML RE: Bike/Hike Trail At Baker Park Reserve VICE CHAIRMAN ORONO Dear Mr. Olson: WILLIAM BARBEAU GOLDEN VALLEY As you know, the Hennepin Count Park Reserve District i� Y P Y proposing AMELIAM DeMUSE to construct a bike/hike trail around that portion of Baker Nark MINNEAPOLIS Reserve which lips south of County P ad 24. Tne total length �f the proposed trail, including the main loop and spur connection DAINNEAPVID ENBERGER is 7.1 miles. Of this total length, approximately 1 .2 miles lies MINNEAPOLIS 9 PP Y within the City of Orono. This distance includes approximately AUNK GREENE 0.24 miles along .)tarkey Road for the spur connection to County MOUND Road 6. LAWRENCE F HAEG ROBBINSDALE In order to complete the loop trai I , it will be necessary to construct a fi 11 adjacent to the Lake Katrina marsh at the point JUNE HEGSTROM MINNEAPOLIS where the marsh is closest to the Right -of -Way of Highway N12. This fill will carry `he bike/hike trail and the horse trail. LTSAHOLLENDER Top of the fill will be 34 feet wic1P and side slopes wi I l be MINNEAPOLIS at 3:1. The fill will be located as close to the Right -of -Way THOMAS B. HUMPHREY JR line of Highway #12 as possible. The new fill will also make MAPtF PLAIN use of the existinghorse trail fill which was partially completed RAYMONDN SEAGREN several years ago. Surface of the trail through the fill area MINNEAPOLIS will be crushed limestone. I estimate that total quantity cf fill required to be 5,000 to 6,000 cubic yards. This material "' will be taken from a stockpile and borrow area located just to the west of the proposed fi 11 . CLIFTONE FRENCH SUPERINTENDENT This fill is necessary sa that this trail can be constructed as a loop around the park. It is desirable so that the experience of the trail user can be continuous. Our recent experience with the horse trail, which was never completed through tnis area, shows that there is a reduction in user satisfaction with a "dead end" situation. Page Two Mr. Al Olson, Planner Permits for this work have been applied for from the Mini Creek Watershed District, the M'nnesota Department of Nal Resources and the U. S. Army Corps of Enaineers. To dat( have received approval from the Minnehaha Creek Watershe( as shown on the attached letter. We feel that this prop( fill will be in the best interest of the public and will detrimental in any way to the objectives of the City of We hereby request a varience to the City Ordinance No. 1. that this project can be completed. Attached, please find supportive maps and sketches. Sincerely yours, ���41/Y1� Timothy I. Marr District Engineer TIM/ra Enclosures cc: File Il.l REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 7 Mr. Lee Tomlinson, Fark Commission Chairman, W BIKE TRAIL reviewed the Park Commission ninutes of April 4, Morris T. Baker 1978, which state: Mr. Alex Mayer and Mr. Tim Marr, Hennepin County Park Reserve District staff, presented the District's plans for a bicycle trail around a portion of Morris T. Baker Park. One item of concern to the City is the plan to connect one spur of the trail by permitting bicycle and pedestrian travel along 1,25C' (approximately) of Starkey Road, a road within and maintained by Orono. A second concern is the proposed f4_11ing along Highway #12 of a portion of the swampy low ground near the outlet of Lake Katrina (aka Rice Lake) to accommodate another portion of the bike trail. In view of the advantages of extending bicycle trails connected to existing and proposed trails in Orono, the following recommendation is made to the Council: Motion by Berglund, seconded by Erger: It is recommended to the Orono City Council that every effort be made to supporL. the Hennepin County Park Reserve District in its endeavor to construct bike ':rails in Morris Baker Park, including the connecting spurs on non -park property, provided: 1.. Approval based on thorough study is received from the City Engineer 2. Some type of release from public liability for that portion of the trail along the public road be secured from the Park Reserve District. Motion unanimously passed. Council Meeting - April 13, 1978 Mr. Lee Tomlinson stated that the Park CommisGion supports Morris T. Baker Park trails. Dick Benson, City Administrator,stated that this has been directed to the Planning Commission for their review and recommendation. Mr. Alan Olson, City Planner, entered into the VARIANCE record the following information concerning a 132 Chevy Chase variance request of Ray Waterhouse, 132 Chevy #355 Chase Drive, dated Februp.ry 3, 1978, which states: Ray Waterhouse Exhibit A - application for wetlands variance to construct residence on portion of area designated as wetlands on subject property. Lot is located in R-lA zoning district - minimum lot and setback requirements is this zone are: (Continued) Park I Drive MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 24, 1978 Mr. Jim Nossback was present. Considering that there were no complaints and this request is identical to that made previously, Hannah moved and McDonald seconded approval subject to the same conditions as last year, subject to renewal in 1979, Motion: Ayes (6), Nays (0), motion carried. 11r. Swanson was present and explained his applica;:;.on that would include the creation of two new apartments off an existing house, a mother-in-law apartment in the basement c'* the house, and a separate apartment over an attached double garage for his parents to live in for a part of the year. Each apartment as well as the house would have separate kitchen and bath facilities so you would in effect have a triplex if his proposal is approved. The Planning Commission was concerned with the effect of building an apartment unit in a single family zoning district, and noted that the guest house requirements would require a lot size variance because each separate guest house by the ordinance is required to have all the requirements of a single family house on each lot. In this case, the lot is large enough for one unit not three. Dick Hassel recommended review of the plans and redesign to accommodate the guests without separate facilities or separate entrances. Gregg Hannah also suggested separate wings would be alright if the access was through the house and not from an outside access. The Planning Commission sugge•­�d that if the house was redesigned to allow for :.s, a conditional use permit may not even be nece5 ary and only an addition would have to be considered for the house. HENNEPIN CTY VO-TECH 2950 6th Avenue CONDITIONAL USE (#376) No. PERMIT JOHN SWANSON 2785 Casco Pt. Rd. CONDITIONAL USE PERMIT (#377) Tim Marr and Alex Mayer were present. They went -BIKE/HIKF, TRAIL through the materials and explained to the Commission HENN. CTY PARK the extent of what was requested and the reasons for RESERVE it. They show a total of 7.1 mile trail around the WETLANDS VAR. entire park including a 1.2 mile section of trail within the City of Orono. The trail would be asphalt surfaced except through the fill area we are discussing which would include a crushed limestone surface across the marsh. This has been before the Park Commission and approved by them on April 4, 1978. The Planning Commission was interested in having all members completely review the facts and had a question as to how much of the marsh would be filled by this proposal. MINUTES OF A PLANNING COMMISSION MEETING HELD MAY 8, 1978 - PAGE 5 / i Tim Marr and Alex Mayer were present. They Lr BIKE/HIKE TRAIL stated that approximately 1.5 acres or 0.3% BAKER PARK RESERVE of the total marsh area would be filled. The WETLANDS VARIANCE trail would be constructed to within 50 - 75 (#378) feet of the road right-of-way leaving wetland between road and trail. Jim Olson stated that drainage is probably of only slight concern and that culverts would be used. Applicants stated that they had approval of Watershed District and preliminary approval of DNR hinging on culvert sizing, and preliminary approval but no permit from the Corps. Applicants proposed use of construction fabric as a fill base to minimize uneven settling or mixing of fill materials. Jim Olson suggested that to minimize detriment to t!.e marsh the treil could be moved toward the road or could be reduced in width. The discussion covered reducing the width, leaving out trees and fencing for the 1200 foot length across the marsh. Commission Members felt that unnecessary aesthetic value should not be created to detriment of the marsh. Jim Olson wanted to see soil borings and cross sections of trail. Gregg Hannah made the following motion: That this item be tabled pending input from the city engineer with particular attention to that portion of the trail which goes through the marsh with the intent of reducing the trail width or moving the trail closer to the road. Motion seconded by Tom Frahm. Unanimously approved. Planning Commission requested notification of the time and place of the site inspection so members could attend if possible. Applicant is requesting a variance for construction JACK SAFAR of a private dock on Outlot A of the Partenwood 925 Partenwood Rd. Subdivision. SUBDIVISION C (#381) I MINUTES OF A PLANNING COMMISSION MEETING HELD ON MAY 22, 1978 PAGE 3 It was discussed and decided that the Fresh Water WEST SHORE LAFAYETTE Biological Institute would daily monitor the BAY ASSOCIATION quality of the water under a $5,000 grant. The DREDGING project would also be checked daily by the (#319) Watershed District, DNR and the PCA. Frahm motioned that the Planning Commission approve this dredging using the method specified in WAWAPADCO with the stipulation that the FWBI and Dr. Woods will perform the tests specified in their letter of May 17, 1978 and report to the City of Orono, and also continger.t on the approval of all other agency permits and regulations. Motion seconded by Hammerel; five ayes; McDonald abstained and Hurr opposed. Motion carried. This item was tabled until a meeting can be set up with the Commission members and the applicants at the site. This roan is located in the middle of the marsh, entirely on Park Reserve Property. No public purpose would be served by not vacating this road. Therefore, a public hearing is scheduled for .Tune 26, 1978, at 7:30 P.M. Applicant was not present. Public Information Meeting was scheduled for June 12, 1978, at 8:00 P.M. Mr. Towle was present. He explained that he now boards 17 - 25 horses and hopes to increase that number. He also corrected the record to show that he is purchasing 50+ acres by Contract for Deed, which would allow more horses to be boarded. The original conditional use permit was approved but without sanction of any increase in the number of animals normally allowed under the zoning code. A public hearing was scheduled for June 12, 1978, at 7:45 P.M. BIKE/HIKE TRAIL BAKER PARK RESERVE WETLANDS VARIANCE /(#378) BAKER PARK RESERVE STREET VACATION (#386) WILLIAM TAYLOR 2227 & 2229 Shadywood Road Subdivision (#366) STEPHEN TOWLE 3930 Watertown Rd. REVISED CONDITIONAL USE PERMIT & VARIANCE (#370) MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 12, 1978 PAGE 4 e of the ro osaly RIKE HIKE TRAIL Tom Jacobs explained the extent p p / Mr. Marr was present from tine Dark Reserve to BAKER PARK RESERVE answer any queftions. Jim Olson, she city Wetlands Variance engineer, stated that from the engineering (#378) standpoint, he could see no reason not to approve the variance. Hanimerel moved to approve the variance for the bike/hike trail in its present location as designed by the Hennepin County Park Reserve as it is a dry area not a nesting area anti does not destroy the marsh contingent upon receipt or a completed application for the City's files and the conditions stated in the letter from the Park Reserve, dated April 13, 1978, to the City. Motion seconded by Hurr and passed unanimously. Item will be presented to Council on 6/29/78. Mrs. Van Tassel was present. During the discussion it was stated that the views of neighbors would not be affected. The main discussion was that no new hardcover was being added and that only a small portion of a corner of the property was being affected. Hannah made a motion to approve this variance as the existing hardcover was not being increased by this variance; contingent upon the neighbors being notified that this item will be on the Council agenda on June 29, 1978. Motion seconded by Wilson. Ayes (5), Nays (1) Frahm, Abstained (1) Hurr, motion passed. Mr. Hannah and Mr. Grady (his architect) were present. Discussion was mostly regarding the difference of opinion regarding a bay window. The Planning Commission determined that because of the foundation under the "bay" this would be a wall. During the discussion it was noted by the Planning Commission that some work had been done within 75 ft. of the shoreline. Hurr made a motion at that time to table this item until the 75 ft. encroachment was settled. Motion died due to lack of a second. ROBERT VAN TASSEL 1170 Loma Linda VARIANCE (#387) JOHN HANNAH 2608 Mapleridge VARIANCE (#388) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 5 Note that this has been before the Park Commission CONDITIONAL USE and that Commission on April 4, 1978, recommended Morris T. Baker approval of the trail as being .n the interests (Continued) of the Park Commission. The Planning Commission was interested in having all members completely review the facts and they did have one question of the Park Reserve District - that being as to how much of the marsh would be filled by this proposal. Planning Commission Meeting - May 8, 1978. Tin Harr and Alex Mayer were present. They stated that approximately 1.5 acres or 0.3% of total marsh area woulu be filled. The trail would he constructeu to within 50-75 feet of road right-of-way leaving wetlands between road and trail. Jim Olson, City Engineer, stated that drainage is probably of only slight �,oncern and that culverts would be used. Applicants stated that they had approval of Watershed District, preliminary approval of DNR hinging on culvert sizing, and preliminary approval but no permit yet from the Corps. Applicants proposed use of construction fabric as a fill base to minimize uneven settling or mixing of fill materials. Upon Planning Commission questioning of what could be done to minimize deteriment to the marsh, Jim Olson suggested: 1) move trail toward the road, or 2) reduce width. Commission members discussed reducing width, leaving out trees and fencing for the 1,200 foot length across the marsh. Commission felt that unnecessary aesthetic value should not be created to detriment of the marsh. Jim Olson :anted to see soil borings and cross-section of he trial. -lotion by Hannah to table this item pending input from the City Engineer with particular attention t_o the trail through marsh the intent being to reduce trail width or move it closer to the road. ,T;on Olson will work in conjunction with applicants. Motion seconded by Frahm and unanimously approved. Planning Commission required notification of time and place of site inspection so members could attend if possible. Planning Commission Meeting - May 22, 1978 Tabled at the request of applicant to provide sufficient time to meet with Planning Commission on the Lite. (Continued) PERMIT Park REGOLAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 6 Staff Note - June 6, 1978 Meeting held on the site to view the proposed trail. Present were the following people: Commission members McDonald, Hurr, and Hammerel, staff members Gerhardson, Jim Olson, and Alan Olson and Park Reserve represgntatives Tin Marr and Alex Mayer. Planning Commission Meeting - June 12, 1978 Recommended approval of conditional use permit for wetlands variance proposed as design is not detrimental to th? marsh. Staff notes Minnehaha Creek Watershed District permit on file and Department of Natural Resources application pending. Staff recommends approval subject to receipt of DNR permit before construction and to notice of construction to allow for City inspection of work in progress. Council Meeting - June 29, 1978 Butler moved, Pesek seconded, to approve the variance and conditional use permit request of Hennepin County Park Reserve for Morris T. Baker Park, per the Planning Commission recommendations of June 6, 1978, due to public interest of this property and subject to the DNR and Watershed approval. Motion, Ayer (5) - Nays (0). Phillip Rusciano, 2340 Watertown Road, was not present. Item #5 was deferred until later in the evening. Butler moved, Mc.yor Van Nest seconded, to adopt Resolution #914, A Resolution Approving A Variance For Jack Safar And George Johnson, 925 Partenwood Road. Motion, Ayes (5) - Nays (0). Mr. Alan Olson, City Planner, entered into the record the request for a variance of Robert Van Tassel, 1170 Loma Linda Avenue, dated May 17, 1978, which states: The applicant wishes to enclose an existing concrete patio on the lakeside of his home. The location encroaches on the 75 ft. required jakeshore setback and the 10 ft. :-equired side yard. The house is located closer to the shore than the neighbors, but lower uown. Views may be affected. CONDITIONAL USE PERMIT Morris T. Baker Park (Continued) SUBDIVISION 2340 Watertown :toad RESOLUTION #914 925 Partenwood Road VARIANCE 1170 Loma Linda Avenue #387 Robert Van Tassel (Continued) CITY of ORONO pCWl Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices Telephone 473.7357 Mr. Timothy Marr Henr.epin County Park Reserve District P.O. Box 296 Maple Plain, Minnesota 55359 NOTICE OF CITY CCUNCIL ACTION Control No. 378 Variance XX Conditional Use Permit Subdivision, Prelim. Subdivision, Final Date of Meeting: _ June 29, 1978 Votes: 5 F3r 0_Against Abstention Date of Notice 6-30-78 Action: Approval: As submitted subject to applicable ordinance requirements Approval: Subject to conditions noted Deferral: Pending receipt of information noted Referral: Review by others, as noted Denial: For reasons noted NOTES & SPECIAL CONDITIONS: Bike Hike Trail fill per Exhibit A & B. Avvroval of conditional use permit is based upon a finding that this use is in the public interest and that proposed fill will have no adverse effect upon the marsh. Construction may not begin until DNR and MCWD permits are on file with the City and until 24-hour advence notice is given to the City of actual construction start. Deadlines:— Variance approval expires one year after the meeting date. Contact building inspector for required permits. X Conditional Use Approval *oust be renewed annually. —Expires on June 29, 1979. Must be renewed upon change in ownership or use. Preliminary Subdivision approval expires after one year of meeting date. Contact Zoning Administration for final plat requirements. _ Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. _ Deferred items may be declared formally withdrawn if applicant fails to provide information within one month of meeting date, or by date specified by Council. If you desire certified copies of the official City Council Minutes, they are available from the Deputy City Clerk upon review and approval by the Council. cc: Mr. John Holmquist, MCWD f •f r lair A -� '4 • MOP ® I� yQo � x lvsol Y/! '+mot^L •• 1 '\ i 4- if +L S (i stir �f. 7H�1OL 1 t(�\\ /.lam Y .; 4, ,s N ,.• s - a•x[nY w a>r J\vq Is IlLa. ban 'u s 1( J • 1%-20d PURPGSE: CATUN AOJlCEHT P:'-.PERTY CAA:RS: Oi CCOtiTY Cf i//a Arf"" STATF,/•v' IPPL ICAT 1C4 dY /,i'.v�vr:✓r� c�..N/% S�;ET C= CiTE 12:. WIND 1929 I PURFOSC: [-fiii.lTi,L.,sCY %"/[L <r4 A0J10ENT PPCPERTT OWNERS: U Xiy�e i T �3 AT CCU%TT CFAQW-4011- STATE Nam• ►PPLIC►TIC-0 SY /ylvl+r/ir co,.w.s-y f :IPX Pf_%. v/ O/f'Ti�/sue S►=FT CF DIM 12A HENNEPIN COUNTY PARK RESERVE DISTRICT P.O. BOX 296 MAPLE PLAIN, MINNESOTA 55359 TELEPHONE 473-4693 July 28, 1978 BOARD OF COMMISSIONERS VILLAGE 08 JUDITH S. ANDERSON CHAIRMAN BLOOMINGTON CHARLES R. PML VICF CHAIRMAN ORONO Mr. Al Olson, PlannE.r WILLIAM BARBEAU City of Orono GOLDEN VALLEt P . 0. Box 66 Crystal Bay, Minnesota 55323 AMELIAM D•MUSE MINNEAPOLIS Re: Conditio�Ial Use Permit No. 378 DAVID DURENBERGER MINNEAPOLIS Dear Mr. Olson: ALAN K GREENE MOUND Enclosed for your files Is a copy of our permit from DNR and Corps of Engineers for the work at Baker Park Reserve. I believe this LAVVRENCE F HAEG ROBNNSDALE is the additional information you needed for the conditional use permit to be issued. JUNE HEGSTROM MINNEAPUL 5 Sincerely yours, USA HOLLENDER MINNEAPOLIS ✓'/ RAYMOND N. SEAGRE N MINNEAPOLIS J/ T i mo t4k-�- I . Mar r District Engineer T I M/ r a CLIFTON E FRENCH SUPERINTENDENT cc: File 11.1 W-147 Rev. 4-72 P' " : R M I -T N 0,0-!71" ❑ APPROPRIATION AND USE OF WATER WORK IN THE BFDc, �)F PUBLIC WATERS F'AS.BEEN ISSU BY the COM41S��NtR 6�L pplicantj MINNESOTA DEPARTMENT OF NATURAL RESOURCES EXPIRATION DATE /I- �'T'7-9 POST CONSPICUOUSLY AT PROJECT SITE ti a nn DEPARTMENT OF THE ARMY CORPS OF ENGINEERS NOTICE OF AUTHORIZATION 1 8 JUL 1.1 78 A PERMIT TO place approximately 6,000 cubic yards clay and 350 cubic yards crushed limestone to construct a 34-foot wide by 1,200-foot long portion of a 7.2-mile bike -hike trail in wetlands adjacent to Lake Katrina AT 3' sec. 30, T. 118 N., R. 23 W., Hennepin County, near Medina, Minnesota. HAS BEEN ISSUED TO Hennepin County Park ON 18 jUL19 78 Reserve District ADDRESS OF PERMITTEE Box 296 /� Maple Plain, Minnesota 553� �Zl PERMIT NUMBER 78-166-13,� ENG Foam 4336 Jul 70 THIS NOTICE MUST BE CONSPICUOUSLY