Loading...
HomeMy WebLinkAbout07-08-1985 Council PacketMINUTES OF THE REGULAR ORONO COUNCIL MEF 'ING HELD .IULY 8, 1985. PAGE 1 OATH (IF OFFICE: City Clerk Hallin administ• -ed the Oath of Office to John Hammerel. ATTENDANCE 7:01 PM The Orono Council. met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, and Hammerel. Councilmember Tim Adams arrived at 7:24 PM. The following represented the City Staff: City Administrator Bernhardson, Public works Coordinator Gerhardson, City Clerk Hallin, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, City Recorder Peterson, and Secretary Sutton. Finance Director Kuehn arrived at 8:40 PM. City Attorney Radio and City Engineer Cook were also present. ART CENTER OF MN PROFOSED SEWER ASSESSMENT'S RESOLUTION #1787 RESOLUTION #1788 PUBLIC HEARING 7:06-7:11 Mayor Butler called for the public hearing at 7:06 PM concerning the proposed sewer assessments for the Art Center. City Recorder Peterson noted the certificate of mailing and the affidavit of publication. Representing the Art Center were Kathie Harder and Marion Gray. Kathie Harder, President of Art Center, read into record a letter stating the Art Center's objection to the proposed sewer assessment (such letter is attached to these minutes). Marion Gray restated the Art Centers objection and Mayor Butler advised her of their right to file a legal appeal with the court system within 30 days of this date and to contact City Administrator Bernhardson if she has any questions. There were no other comments from the public. Mayor Butler closed the public hearing at 7:11 PM. It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve Resolution 01787, A Resolution Ordering Project 85-2 For the Art Center of Minnesota. Motion, Ayes (3), Nays (0), Abstention (1). Councilmember Hammerel abstained because he has just been re -appointed to the Council and is not entirely familiar with the project. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve Resolution #1788, A Resolution Approving 10 Assessment Units for Sanitary Sewer - Project 85-2 on Property Owned by the Art Center of Minnesota. Motion, Ayes (4), Nays (0). Later in the meeting, Cit1 Administrator Bernhardson explained that. a 4/5t.hs vote was needed to al,prove Resolut ion MINUTES OF THE REGUI.All ORONO COUNCIL MEETING HELD .J111.Y fi, 1985. PAGE: 2 CONSENT AGENDA* #1787 and that the vote was only 3 ayes and 1 abstention due to Councilmember Adams' late arrival. Therefore, it was moved by Mayor Butler, seconded by Councilmember Frahm, to reconsider the matter. Motion, Ayes (4), Nays (0), Abstention (1). CouncilmemberHammer.el abstained. It was moved by Mayor Butler, seconded by Councilmember Adams, to approve Resolution #1787, A Resolution Ordering Project 85-2 for the Art Center of Minnesota. Motion, Ayes (4), Nays (0), Abstention (1). Councilmember. Hammerel Abstained. It was moved by Councilmember Frahm, seconded by Mayor Butler, to approve the Consent Agenda* «s submitted with the addition of the Blue Belle Ice Cream solicitors license application per City Administrator Bernhardsons' request. Motion, Ayes (4), Nays (0). APPROVAL. OF MINUTES* It was moved by Councilmember Frahm, seconded by Mayor Butler, to approve the regular Council minutes of June 24, 1985 as submitted. Motion, Ayes (4), Nays (0). PARK COMMISSION COMMENTS 'There were no Park Commission comments. LAKE MINNETCNKA CONSERVATION DISTRICT REPORT There was no report from the Lake Minnetonka Conservation District. PLANNING COMMISSION COMMENTS Planning Commission Representative Rovegno had no comments at this time. PUBLIC COMMENTS Mr. Jerry W. Wheeler, 3399 Crystal Bay Rd., was present for; public comment. He requested that the Council consider reviewing their hardcover ordinance. Referring to his letter to the Council dated July 8, 1985 (copy of letter attached to these minutes), he reviewed comments made by the Council at their last meeting regarding hardcover issues. Based on these comments made by the Council, Mr. Wheeler feels that the solution to resolving some of these issues may be to simply require a permit for paving and blacktoppi.ng a gravel area. In doing so, it should not be any more difficult to enforcr: than any other permit program or building ordinance, it would generate more City reven•.je, =t would clarify the hardcover issues, and help resolve struggles between the Council and citizens. Mr. Wheeler stated that his gravel is not hardcover. He restated, as in his letter, that the City has failed to appropriately define hardcover. He feels that this should 1:e resolved in a sensit,le manner. MINUTES OF THE REGULAR ORONO.COUNCIL MEETING i1KLU JULY 8, 1985. PAGE 3 At this point, Mr. Wheeler referred to his seconJ letter to the Council dated July 8, 1985 (copy of letter attached to these :minutes) requesting the Council address the issues of Mr. Carl's storage shed, his 10 foot setback requirement, a vehicle being parked on the Sravel in between properties, and Mr. Johnson's woodpile harboring rodents. Mayor Butler advised Mr. Wheeler that the issue of hardcover is on the agenda to be discussed later in the meeting to try and come up with some new and innovative ways to solve the problems. Councilmember Tim Adams felt that the City must run with its current laws and ordinances until the issue has beer. studied and improved. Councilmember Frahm stated that he felt any type of gravel used as a driveway is hardcover. At this time, Mr. Wheeler concluded his public comments. City Administrator Bernhardson updated the Council on the status of Mr. Wheeler's concerns regarding Mr. Carl and Mr. Johnson and they are being pursued. He stated a report will be prepared for the next Council me^ting. #915 ROLAND C_ AMUNDSON 3135 CASCO CIRCLE VARIANCE/COND. USE PERMIT RESOLUTION #1789 Roland C. Amundson and Steve Cahoon of 3135 Casco Circle were present. City Administrator Bernhardson reported on the applicant's request for an After the Fact Variance/Coneitional Use Permit regarding the major alteration to a non -conforming structure in the 0-75' lakeshore setback together with steps as an addition to access the construction of a deck in a foundation of a boat house that existed there a number of years ago. Zoning Administrator Mabusth submitted photos for the Council to review indicating the disturbance taking place on the lakeshore and the non -conforming structure (boat house). Mabusth explained that applicant attempted to replace the old floor in the old boat house stzuct.ure to function as a decking area, in addition, trees were removed from the area within the setback. Mr. Amundson reviewed the work he had been doing and that. since he learned that he needed a Variance and a Conditional Use Permit he has fully cooperated. He appeared before the Planning Commission presented a list of neighbors (within 350 feet of each side) not objecting to the project. He stated his intent was only to replace a rot ted f loor of the ol(f MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 8, 1985. PAGI: 4 boat house to maintain the boat house so no further. damage is done. Zoning Administrator Mabusth stated that the structure actually supports the lakeshore bank and major problems would result if it were removed. Mabusth indicated that the Resolution would be amended to reflect that any type of improvement to the landscape would require prior approval. Planning Commission Representative Rovegno reviewed the recommendations made by the Planning Commission to approve the variance/conditional use. It was moves: by Councilmember Adams, seconded by Councilmember Hammerel, to approve the amended Resolution #1789. Motion, Ayes (3), Nays (2). Councilmen Grabek and Frahm voted Nay. #925 RICHARD HENNESSY 4670 TONKAVIEW LANE VARIANCE RESOLUTION #1790 Mr. Richard Hennessy was present. City Administrator Bernhardson explained the variance application of Mr. Hennessy to allow installation of a septic system rather than connection to municipal sewer located approximately 540' east across neighboring properties with severe topography problems. Assistant Zoning Administrator Gaffron reviewed the history of the subdivision into approximately 13 one acre lots and the problems and hardship the applicant would have to connect to sewer. City Engineer Cook explained the feasability of connecting sewer to that property. City Administrator Bernhardson stated that he felt in the future, that other properties may not be able to be developed with a septic system. And that when sewer is brought in it should be connected to all lots, not just a portion of those lots. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to approve Resolution #1790 as stated granting the variance. Motion, Ayes (5), Nays (0). #926 JUDSON DAYTON* 1655 BOHN'S POINT RD. CONDITIONAL, USE PERMIT RESOLUTION #1791 Mr. 1ud!!',(1n M. Dayton was present. MINUTES OF THE REGULAR ORONO COUNCIL Ml:ET1 NG HELI) JULY 8, 1985. PACE: 5 #930 JIM SHAVER 1080 FERNDALE WEST VARIANCE RESOLUTION #1792 It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve Resolution #1791, a resolution for a Conditional Use Permit required for non -rental; second residential unit on the property. The residential unit will be a guest apartment located above a detached garage. Motion, Ayes (4), Nays (0). Mr. Jim Shaver, applicant, and Mr. H.H. Tearse, owner were present. John Taylor of Dorsey & Whitney was present representing Mr. Tearse. Also present, was Walter Rockenstein of Faegre & Benson representing adjoining property owners. City Administrator Bernhardson reported that (a)the applicant needed a variance for construction of a residence on a two acre lot that was restricted by the dry buildable area, and (b)the issue of riparian rights to a separate 251x25' parcel which is submerged. Mr. John Taylor submitted a prepared opinion by adjoining property owners for City Attorney Radio to consider. Regarding the riparian issue, Mayor Butler felt that this should be researched by the legal staf f to determine whether Mr. Shavet has a right to the lakeshore being it is lake bottom. Zoning Administrator Mabusth indicated that a house could be built without any setback variances, but the specific design of house proposed requires a variance to the rear lot line. Mabusth also noted that the variance resolution should include an area variance of 1.02 acres. Councilmember Frahm indicated that the Resolution should state that this is a zoned two acre lot but meets the requirements of a one acre lot and that it is within the 80% buildable dryland requirment. It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to approve Resolution #1792 as amended. Motion, Ayes (5), Nays (0). It was moved by Mayor Butler, seconded by Councilmember Hammerfl, to instruct the staff to research the riparian rights issue and whether riparian rights have ever been given on an easement. Motion, Ayes (5), Nays (0). City Attorney Radic indicated that he will have a legal report prepared by th- August 12th Council meeting. M.I NU'1'1:S OF THE REGULAR ORONO COUNCI 1. MEETING HELD ,)UI,Y H , 1 9H', . PAGF. 6 #932 WARD E. EDWARDS 2474 CARMAN STREET VARIANCE RESOLUTION Mr. Ward E. Edwards wat present. City Administrator Bernhardson explained the issues of the applicants request to build a residence on his lot which is divided by a lagoon. The first issue is the crediting of hardcover from the land north of the lagoon, and secondly, the building of the residence: 50' from the lake. Bernhardson noted that the two adjacent neighbc;rs have indicated they prefer the residence to conform with their homes, which would be within the 75' setback. Asst. Zoning Administrator Gaffron indicated that there is approximately .70 acre in the south portion of the lot and I . 0 acre in the north portion. The lot is zoned one acre. Mayor Butler expressed concern that some restriction be made in taking credit of the north portion in order to prevent a future request to subdivide the lot. Because of the serious concern of a future subdivision, it was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the conceptual concept of the lakeshore setback and direct staff to re -draft the Resolution incorporating the Councils' concerns addressing the hardcover in the north portion of lot. Motion, Ayes (5), Nays (0). #933 NED BUTTERFIELD 3745 WATERTOWN ROAD CONDITIONAL USF. PERMIT RESOLUTION #1793 City Administrator Bernhardson stated that Mr. Butterfield was not able to attend because of illness and has requested Council to proceed with his request. Bernhardson further stated applicants request to construct a new 40'x100' greenhouse on a 4.6 acre lot zoned 5 acre. A new conditional use permit is required to allow this construction. Bernhardson recommends that because it is a substandard lot, the Conditional Use Permit be granted conditioned upon no further additions or greenhouses are built. Councilmember Frahm recommended that Condition 05 be added to the drafted resolution stating that "The retail sale of flowers on the property will cease". It was moved Councilmember subject. to the Ayes (5), Nays I by Councilmember Frahm, seconded by Hammerel., to approve Resoloution 01793 two Conditions as previously stated. Motion, (0). ORDINANCE DISCUSSION STOCK FARMS Referring to his report dated June 17, 11411') (such re[tort MINUTES OF THE: kl:(;U1.11k 01U NO COUNCIL MEETING IfE1.1) JULY 8, 1985. PAGI: 7 ZONING ORDINANCE ISSUES - 6/24/85 attachef,to these minutes), City Administrator Bernhardson reviewed the current ordinance regarding stock farms. It is recommended that any usage by these farms that entails the actual sale of service or commodities and services on sites exceed the intent of the exception and should be done pursuant to the conditional use permit. Bernhardson further stated that their has been a complaint about a farm that existed prior to 1975 operating in violation without a conditional Use permit. This prompted the question of at what point is a conditional use permit required. Counci. 1 member Adams brought up the issue of the limited small scale of ownership of horses which was not addressed in Bernhardsons' report. It was moved by Councilmember Grabek, seconded by Mayor Butler, to accept staffs recommendation. Motion, Ayes (5), Nays (0). Later in the meeting, Earl 6 Betty Dorn of 4045 Watertown Rd. , arrived wishing to add their comments about stock farms. Mr. Dorn felt that there are current violations occurring without conditional use permits. He further stated that studying the ordinance was not. necessary, just simply enforce the current ordinance. Mayor Butler explained to Mr. Dorn that according to staff's report, their are loopholes in the current ordinance making it non -enforceable. She further explained ti,at staff has been instructed to re -draft the ordinance to reflect or,]-,, residential uses and prohibit commercial uses eliminating the loopholes. Again, Mr. Dorn stated that he feels the ordinance should be enforced, as previously done with him, and the City is not doing so. Mr. Dorn was advised that he will be on the Planning Cpmmission Agenda under Public Comments and he could be heard further at that time. City Administrator Bernhardson reviewed his report dated July 5, 1985 (such copy attached to these minutes ) regarding some specific zoning ordinance issues as directed by Counci 1 at the June 24, 1985 meeting. Referring to item B. Non -Conforming Structures Within 0- 75,City Administrator Bernhardson questioned whether a variance would be required for lock boxes. Mayor Butler felt that a reign should 1e kept on lock hoxes MINWIT.:, OF THE }t}:G111.A}? ORONO COUNCIL M1:E"FlNG HELD JULY 8, 1.985. PAGI•: 8 After discussion, it was the Councils' desire to have lock boxes as an exception to non -conforming structures, providing they are properly screened from the road and lake and do not exceed 20 square feet in dimensions. Regarding item D. Non -Rental Use of Available Slips at. Residential Docks, it is recommended that any more than two boats tied LO one dock must prove ownership. HARDCOVER DISCUSSION City Administrator Bernhardson reviewed his report dated July 3, 1985 regarding hardcover issues. City Admini- strator Bernhardsor indicated that he and Zoning Administrator Mabusth will meet with Dr. Hansen of the Freshwater Biological Institute for his input, and will report back to the Council at the August 5th meeting. CITY ENGINEER'S REPORT BID AWARD - OVERLAY MSA WILLOW RD. & OLD CRYSTAL BAY RD. Per City Engineer C -'s letter dated July 5, 1985 listing the bids received, is was recommended to award the contract to the low bidder, Wm. Mueller & Sons, Inc. with a base bid of $232,826.74, contingent upon variance approval from MSA. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to award the contract to Wm. Mueller & Sons, Inc., contingent upon variance approval from MSA. Motion, Ayes (5), Ayes (0). 1985 SEAL COAT BIDS APPROVAL DF PLANS & SPECS City Engineer Cook submitted the Plans and Specs for the 1985 Seal Coating Bids. PARK COMMISSION RESIGNATION It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the Plr.ns and Specs for the 1985 Seal Coating Bids to be opened on July 19, 1985. Motion, Ayes (5), Nays (0). Council recieved a letter of resignation from Md:y Ann Stinson from the Park Commission effective June 22, 1985. Council directed staff to send a letter to Ms. Stinson thanking her for her particip.,tion on the Commission. Earlier this year, there were two vacancies on the Park Commission and three volunteer.. Council. decided to appoint all three volunteers to the Commission at that time. For the [),osent vacancy, they decided to see if others stepped forward for this position. MINOTFS OF THE REGULAR ORONO COUNCII, MEl.'TING HELD JULY 8, 1985. PAGE 9 CABLE TV REPORT For informational purposes, City Administrator Bernhardson submitted his status report dated July 5, 1985 regarding the Cable Franchising Expenditure Refund. MARINA COMMITTEE NEXT MEETING City Administrator Bernhardson stated that the next Marina Committee meeting is scheduled for July 23, 1985 at 4:00 PM. COMPLIANCE. ACTION STATUS Council received a summary report dated July 5, 1985 from Zoning Administrator Mabusth, regarding the work done on Chaska Marina and North Shore Drive Marina. Per this report, City Administrator. Bernhardson reported that Chaska Marina must file for a variance to the planning Commission by July 26, 1985. Regarding North Shore Drive Marina, staff requested a setback varianr.e review with 1985 license review. TRANSPORTATION Rppowr City Administrator Bernhardson reported that the State Variance Board, that is reveiwing the variance for County Road 15, will be on a bus tour of the area on July 16, 1985 at noon. CITY ADMINISTRATOR'S REPORT 1984 FINANCIAL STATEMENTS AUDITOR'S PRESENTATION Finance Director Keehn introduced the City's Auditors, from the firm of Pannell, Kerr, Forster, Don Anfinson and Ken Malloy to the Council. Auditor Malloy made his presentation to the Council indicating that the audit opinion is clean and the City is in good condition. He further highligi,ted the fact that the General Fund is in excellent condition, close budget control, and indications of conservative budget techniques. Auditor Malloy reviewed a few recommendations within his report. City Administrator Bernhardson stated that the Summary of the Financial Statement will be published in the Pioneer as required by the State of Minnesota. HIGHWAY 12 CORRIDOR STUDY A. JOHN SHARDLOW CONTRACT City Administrator Bernhardson submitted a revised plan layout from John Shardlow for consideration for the Highway 12 corridor study. Bernhardson explained that the proposal was revised to enable the staff to assume more responsit,ility in certain areas. Pernhardson requested :ounce i l ' s direction on: 1 )whether the study should done 2 ) t hc• fund i nq 3 ) t i m(, f r ,jn «, . r, which it should GE- ac•c-t)mpl i shvd - MINUTES OF T11F REGULAR ORONO COUNCIL MEETING. HELD JUL.Y 8, 1985. PAGE 10 After some discussion of item B. (seep below), Council indicate6 that they wish to proceed with this study and have it completed by 14,.rch 1, 1966. It % -is moved oy Mayor Butler, seconded by Counci 1member Frahm, to approve the adoption of a contract with John W. Sha:.d_ow, of Dahlgrer, Shardlow, and Uban, for prc.fessional planning services as outlined in his proposal dated June 28, 1985 (copy attached to these minutes). Motion, Ayes (5), Nays (0). B. CLIFF OTTEN DWELOPMENT Zoning Adminis':ator Mabusth submitted a report dated July 5, 1985 regarding the conceptual review of Cliff. Otten development. CASCO POINT ROAD TRAFFIC STUDY B I G 1 STAND VXTERANS MT(-.' ROUTE CHANGES Mayor Butler expressed her concerns for this type of use in an area which is sewered. Councilmember Adams felt it was . favorable type of use and should approve it,. Councilmember Frahm agreed with Councilmember Adams, that he favors this type of use. He suggested that it could be done on a conditional use basis contingent upon the corridor study outcome, if Otten is willing. Council indicated that because they are proceeding with the corridor study, no decision should be made until the study is done. Based on Councils' di:..:ussion, Zoning Administrator Mabusth had enough direction to advise Mr. Otten. City Administrator Bernhardson submitted an Estimated cost breakdown (total mat,rial & labor $1,163.45) for the intersection change at Casco Point Rd. & Dunwcody. Bernhardson recommended the work be done. It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to implement the proposed design change, approving the expenditure eliminating the bituminous curbinq ($675.00). Motion, Ayes (5), Nays (0). CAMP City Administrator Bernhardson stated there was nothing further to report on this mat..er. City Adrrinist rat or Bernhardson reported the route changewas shifting from S. Brawn Rd. to Old Crystal Hay Rd. He stated appiopt iate- persons would be notified. MINUIT'.; OF THE REGULAR ORONO COUNCII. MEETING HELD JULY 8, 1985. PAGE 11 COUPON BONDS RESOLUTION #1794 MID YEAR FINANCIAL, BUDGET ADJUSTMENTS City Administrator Bernhard son discussed the memo dated July 2, 1985 prepared by Finance Director Kuehn regarding the retention and destruction of paid bonds and coupons of certain deLt issues by the paying agent. It was moved by Mayor Butler, :seconded by Councilmember Frahm, to approve adoption of Resolution #1794 authoriLing Norwest Ea!lk Minneapolis to cancel, retain and destroy pertain bonus and coupons. Motion, Ayes (5), Nays (0). It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to authorize expenditure from contingency as listed in City Administrator Bernhardsons post memo dated July 2, 1985 in the amount of $19,535. Motion, Ayes (5), Nays (0). ADMINISTRATOR'S GOAL. SETTING AND EVAI,UAI' I ON City Administrator Bernhardson indicated that he would like to discuss his goals and objectives with the Council individually during the month of July and formalize it by August 1st. SMITH -POWER: SEWER MATTER It was moved by Mayor Butler, seconded by Councilmember Adams, to extend the condemnation proceedings until July 15, 1985, as outlined in City Administrator Bernhardsons' memo dated July 5, 1985. Motion, Ayes (4), Nays M . Councilmember Frahm voted nay. PERSONNEL RULES AND COMPENSATION STUD' ASSESSOR'S COPTRACT EMPLOYMENT PART TIME RECORDER* Fc.r CounciI's information, City Administrator Bernhardson suamitted his report dated July 3, 1985 regardinq Personnel roles and Compensation Study. It was moved by Councilmeml..rr Frahm, seconded by Mayor Butler, to approve the renewal of Assessor. Rolf Eiicsor:'s 1985-86 contract with a 3.7♦ increase of $1,500.00, as recommended in City Administrator Bernhardson's memo dated July 5, 1985. Motion, Ayes (5), Nays (0). It was moved by mayor Butler, seconded by Councilmember Frahm, to approved the part time employment of Patricia L. Peterscn as City Recorder as regiiested it Office Coordinator I.attin':; memodated July 3, 19P5. Mo, ion, Ayes (4), Nays (0). MINUTES OF '111E ItEGUI.AR (IMNO COUNCIL M1.1•:TING III:I,D JULY H, 1`lfi`,. PAGE 12 EASEMENTS TO DATE* CRYSTAL BAY PROJECT RESOLUTIONS #1807-11809 It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve adoption of the following Resolutions condemning property for sanitary sewer easements, as requested by City Administrator Bernharrlson. Resolution #1807 - 1115 Willow Dr. S. Resolution #1808 - 1145 Willow Dr. S. Resolution #1809 - 1220 Lakeview Ave. Motion, Ayes (4), Nays (0). NORTH SHORE DRIVE* STATUS REPORT LMCD BUDGET* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept staff's status report dated July 5, 1985 regarding Lake Parking Spots/North Shore. Motion, Ayes (4), Nays (0). It was moved by Mayor Butler, seconded ij Councilmember Frahm, to accept the Lake Minnetonka Conserv. tion District Budget. Motion, Ayes (4), Nays (0). ASSIGNMENT OF SEWER* ASSESSMENT UNITS RESOLUTIONS #1795-#1806 It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the following Assignment. of. Sewer Assessment Unit Resolutions: Resolution #1795 City Property - 5 Units Resolution $1796 Paul's Landing - 2 Units Resolution #1797 Lots 6 6 7, Arbor Street - I Unit. Resolution 01798 1245 Arbor Street - 1 Unit Resolution #1799 1251 Briar Street - 1 Unit Resolution #1800 1251 Brown Road South - 1 Unit Resolution #1801 2140 Prospect Avenue - l Unit Resolution 01802 2080 Spates Avenue - 1 Unit Resolution #1803 1225 Briar Street - 1 Unit Resolution #1804 1205 Arbor Street - 1 Unit Resolution #1801) Lot 6, Ora Park - No Sanitary Sewer Service Resolution #1806 P.I.D. 10-117-23 31 0015 (Crystal Avenue) - No Sanitary Sewer Service Motion, Ayes (4), Nays (0). ADMINISTRATOR'S INFORMATION* It was moved by Mayor Butler, seconded by Ccuncilmembe.r Frahm, to accept City Administrator Bernhardson's information report dated July 5, 1985 regarding: Deferred Compensation, 2695 Casco Point Road, Crystal Kay Road, Hennepin County VoTe.•ch, Maple Plain-I.,criq Lake Intc-rc< ptcr, and 130 Cyynet P l ace Mc;! i on, Ayus ( 4) , Nays ( 0) . MINUTES OF 'I'lir {lEGUTAR ORONO 0)UNC11, MEl-'TING HELD ,JUI.Y 8, 1985. PAGE 13 CITY ATTORNEY'S RFPORT SPECIAL ASSESSMENT APPEALS PROCESS Attorney Radio submitted a: report on the Special Assessment Appeals Process to be reviewed at the next council meeting. LICENSES* BILLS* ADJOURNMENT 11:30 It was moved by Mayor Butler., seconded by Councilmember Frahm, to approve the following licenses: Off -Sale Beer License - King's Super Valu 3333 Shoreline Dr. Solicitor's License - Blue Bell Ice Cream Motion, Ayes (4), Nays (0). It was moved by Mayor Butler, seconded by Councilmember Frahm, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (4), Nays (0). It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to adjourn the regular council meeting at 11:30 PM. Motion, Ayes (5), Nays (0). othy M(7E4allin; City Clerk Mary C. Bit er, Mayor \ AGENDA FOR COUNCIL. MEETING SET FOR MONDAY, JULY 8, 014f("If 154 LNG (*) Asterisk items are considered to be routine items to be enacted upon by one mot. n by the City Council under the Consent ItgQ o814gJ agenda. Discussion will be held upon request. 1. John Hammerel - Oath of Office ROLL CALL CITY OF�.90 7:00 P.M. PUBLIC HEARING - Proposed Assessments Art Center of Minnesota - Resolution 2. CONSENT A: ENDA* APPROVAL OF MINUTES * 3. Regular Mcoting of June 24, 1985 PARK COMMISSION COMMENTS LAKE MINNL: (,'-'1 ' CONSERVATION DISTRICT REPORT PLANNING COK'.SSION COMMENTS - George Rovegno Representative PUBLIC COMMENTS ZONING ADMINISTRATOR'S REPORT 4. #915 Roland C. Amundson, 3135 Casco Circle - After the Fact Variance/Conditional Use Permit - Resolution 5. #925 Richard Hennessy, 4670 Tonkaview Lane - Variance - Resolution * 6. #926 Judson Dayton, 1655 Bohn's Point Road - Conditional Use Permit - Resolution 7. #930 Jim Shaver, 1080 Ferndale West - (A) Variance- Resolution (B) Riparian Access 8. #932 Ward E. Edwards, 2474 Carman Street - Variance - Resolution 9. #933 Ned Butterfield, 3745 Watertown Road - Conditional Use Permit - Resolution 10. Ordinance Discussion/Farms (Stock) 11. Proposed Zoning Ordinance Language (6-24-85 Discussions) 12. Hard Cover Discussion CITY ENGINEER'S REPORT 13. Bid Award - Overlay MSA - Willow Drive and Old Crystal Bay Road 14. Approve Plans & Specs for 1985 Seal Coating Bids - July 19, 1985 MAYOR'S REPORT l Resignation - Mary Ann Stinson - Park Commissiu: CABLE TV REPORT 16. Franchising Expenditurt, Refund MARINA COMMITTEE 17. Next Meeting - July 23, 1985, 4:00 P.M. i3. Compliance Action Status TRANSPORTATION REPORT .9. County Road Wo. l5 AGENDA FOR COUNCIL MEE,rING :;k.'+' FOR MONDAY, JULY 8, 1985, 7:00 P.M. CITY ADMINISTRATOR'S REPORT 20. 1.984 Financial Statements - Auditor's Presentation 21. Highway 12 Corridor Study A. John Shardlow Contract B. Cliff Otten Development 22. Casco Point Road Traffic Study 23. Big Island Veterans Camp 24. MTC Route Changes 25. Coupon Bonds - R;solution •26. Mid Year Financial Budget Adjustments 27. Administrator's Goal Setting and Evaluation 28. Smith -Powers Sewer Matter 29. Personnel Rules and Compensation Study 30. Assessor's Contract *31. Employment - Part Time Recorder *32. Easements to Date *33. North Shore Drive - Status Report *34. LMCD Budget *35. Assignment of Sewer Assessment Units - Resolutions City Property - 5 Units Paul's Landing - 2 Units Lots 6 & 7, Arbor Street - 1 Unit 1245 Arbor Street - 1 Unit 1251 Briar Street - 1 Unit 1251 Brown Road South - 1 Unit 2140 Prospect Avenue - 1 Unit 2080 Spates Avenue - 1 Unit 1225 Briar Street - 1 Unit 1205 Arbor Street - 1 Unit Lot 6, Ora Park - No Sanitary Sewer Service P.I.D. 10-117-23 31 0015 (Crystal Avenue) - No Sanitary Sewer Service *%'-DMINISTRATOR'S INFORMATION 36. Deferred Compensation 37. 2695 Casco Point Road 19. Crystal Bay Road 39. Hennepin County VoTech 40. Maple Plain - Long Lake Interceptor 41. 130 Cygnet Place CITY ATTORNEY'S REPORT 42. Special Assessment Appeals Process LICENSES (43*) BILLS (44*) ADJOURNMENT NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR SANTIARY SEWER PROJECT 85-2 ART CENTER OF MINNESOTA Notice is hereby given that the City Council of Orono, Hennepin County, Minnesota will meet at 7:00 P.M. or, Monday, July 8, 1985, in the Council Chambers at 1275 Brown Road South, to pass upon the proposed special assessment foL the construction of sanitary sewer extension to the Art Center of Minnesota. The area to be assessed lies within the following area legally described as follows: The South 459 feet of the east 474.5 feet of Government Lot 5, Section :0 T117 R23W and Lots 2 thru 6, Block 3, Markville Addition, Section 10 T117 R23W Hennepin County, Minnesota. The property owner within the above legally described area will be specially assessed 100% of the project cost which amounts to $9, 235.00 per unit. The proposed assessment roll is on file for public inspection at the office of the City Clerk. The total cost of the improvement to be specially assessed is $905,000.00. Written or oral objections will be considered at the hearing. No appeal may be taken as to any amount of any assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or is presented to the presiding officer at the hearing. If such written objection is so filed, the owner may appeal an assessment to Distrtict Court pursuant to Minnesota Statutes Section 429.081 within 30 days after the adoption of the assessment and filing such notice with the District Court within 10 days after service upon the Mayor or City Clerk. By order of the City Council /s/ Dorothy M. Hallin City Clerk To be published in the Laker and the Pioneer newspapers the week of June 17 and June 24, 1985. NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR SANITARY SEINER PROJECT 85-2 ART CENTER OF MINNESOTA Notice is hereby given thia the City Council Of Orono He,nnew (guilty. MinnesOla An" meet C 10() p in Monday July 8. 1985, in the a:nr.d Chambers at 1275 Brown Road South to pass upon the proposed special assessment for the construction of sanitary sewer extension to the Art Center of Mmrtesota the area to be assessed lea within the follow inJ area legally described as follows The South 459 feet Of the east 474 5 feet of Government Lot 5 Section 10 T 1 11 R23W and Lots 2 thry 8. Block 3 Markvifle Addition Sec. hon /0 T117 A23W Hennepin County. Min nesota The property Owner within the above tegally described area will be specially assessed 1()o Percent of the project cost which amounts to $4 235 00 per unit The proposed assessment roll is on file for Public inspection at the office of the city Clerk The local cost of the improvement to be specially assessed rs $905 000 00 Witten o, oraf objec tions will be considered at the hearing NO dPpeaj may be taken as to Mly amount of any aeses:~t unless a written objection sign ed by the affected property owner is filed with the C+ty Clerk prior to the assessment hearing OF is presented to the presiding officer at the hearing If such written oblcton Is so tried the owner nwy appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.061 wtthin 30 days alter the adoption of the asses ,Dent and fding such notice with the District Court wilhin 10 days after service upon the Mayor Or City Clerk ey order of the City ccunc is/Dorc, ly M Hahn C,ti cjerlI. ii'ut9ished in The Laker and The Pioneer Jun" 18 and jun., ?F, 1985, Affidavit of Publication State of Minnesota, County of Hennepin Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER. Mound, Min- nesota, and has full knowledge of the facts which are stated below A.) The newspaper has complied with all the re- quirements constituting qualific:,tions as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A 07, and other applicable laws, as amended. B.) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each week for Y successive weeks. It was first published Tuesday. the �,j ' day of ✓ `� �' `� 19 Q and was thereafter printed and published every Tuesday. to and including Tuesday. the l 5 day of Y i 19 .S J Authorized Agent Subscribed and sworn to me on this Z -r day of �G al 19 yj� By A -.� Notary Public Rate Information 11) Lowest e:ldsslfred rate paid by commercial users for compatdble space Eta 90 per inch (2) M uimum rate allowed by tdw for dbove matter $4 13 per inch i3) i,ate acl"ly chdryed for above rmdtter $4 13 per inch Each dddittoidl suc4eawlite week $2 75 per Mt. II CER`PIFICATE OF MAII,ING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Dorothy M. Hall. in, City Clerk, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning Proposed Special Assessments for was mailed to the attache list of�property +owners on June in Witness Whereof, I have her-viito set my hand and seal this _ _ 2 7 t h day of (SEAL) off �����-_�.L---- 0- druthy M 1-a/d 1n, City Prk l NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR SANTIARY SEWER PROJECT 85-2 ART CENTER OF MINNESOTA Notice is hereby given that the City Counci 1 of Orono, Hennepin County, Minnesota will meet at 7:00 P.M. on Monday, July 8, 1985, in the Council Chambers at 1275 Brown Road South, to pass upon the proposed special assessment for the construction of sanitary sewer extension to the Art Center of Minnesota. The area to be assessed lies within the following area legally described as follows: The South 459 feet of the east 474.5 feet of Government Lot 5, Section 10 T117 R23W and Lots 2 thru 6, Block 3, Markville Addition, Section 10 T117 R23W Hennepin County, Minnesota. The property owner within th- above legally described area will be specially assessed 100% of the project cost which amounts to $9, 235.00 per unit. The proposed assessment roll is on file for public inspection at the office of the City Clerk. The total cost of the improvement to be specially assessed is $905,000.00. Written or oral objections will be considered at the hearing. No appeal may be taken as to any amount of any assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or is presented to the presiding officer at the hearing. If such written objection is so filed, the owner may appeal an assessment to Distrtict Court pursuant to Minnesota Statutes Section 429.081 within 30 days after the adoption of the assessment and filing such notice with the District Court within 10 days after service upon the Mayor or City Clerk. By order of the City Council /s/ Dorothy M. Hallin City Clerk To be published in the Laker and the Pioneer newspapers the week of June 17 and June 24, 1985. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. i 1 � ) RESOLUTION ORDERING PROJECT 85-2 FOR THE ART CENTER OF MINNESOTA WHEREAS, the Art Center of Minnesota is presently being served by a on site septic system with a capacity of 1,800 per day, and WHEREAS, the Art Center of Minnesota is operating on a Conditional Use Permit as an institutional use for educational purposes within a residential zone, and WHEREAS, the Crystal Bay sewer project will be in close proximity to serve the Art Center of Minnesota, and WHEREAS, the public health safety and welfare world be benefitted by connecting the Art Center to Minnesota to the Crystal Bay Sewer Project, and WHEREAS, it has been determined the appropriate number of assessment units for the Art Center is to be ten (10) units, and WHEREAS, Project 85-2 is a project to include the Art Center in the overall Crystal Bay sewer project, NOW, THEREFORE BE IT RESOLVED that Project 85-2 is ordered in, and FURTHER BE IT RESOLVED, that a special assessment hearing be ordered for Project 85-2, and FURTHER BE IT RESOLVED, that should a special assessment be spread that the Art Center of Minnesota be allotted ten (10) assessment units as part of the Crystal Bay sewer project. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 8, 1985. Miry C. Butler, Rayot ATTEST: fioroEhy -M.-Nafiin, pity C`Tc�rli --- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. / % A RESOLUTION APPROVING AN ASSESSMENT FOR SANITARY SEWER - PROJECT 85-2 ON PROPERTY OWNED BY THE ART CENTER OF MINNESOTA WHEREAS, the City Council if the City of Orono directed at its June 10, 1985, meeting that Project 85-2 be prepared, ordered in, and WHEREAS, the cost of Project 85-2 that was al loted to it from Project 85-1 at 10 assessment units and; WHEREAS, each assessment unit is $9,235.00 for a total assessment of $92,350.00; WHEREAS, the Art Center of Minnesota is the only property in Project 85-2; NOW, THEREFORE BE IT RESOLVED, that the assessment for Project 85-2 be spread against the sole affected property owner, the Art Center of Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 8, 1985. Mary C. Butler, Mayor ATTEST: Dorothy M. Hallin, City C1e-rk-- ART CENTER OF MINNESOTA/2240 NORTHSHORE DRIVE, CRYSTAL BAti, MINNIFSOTA 55323/(612) 473-7361 July 5, 1985 City of Orcno Post Office Box 66 Crystal Bay, MN 55323 RE: Art Center of Minnesota Sanitary Sewer Improvements Project No. 85-2 Dear Ladies and Gentlemen: JUL - T 1985 cl� r of s1FETING JUL 8 �. CITY ail' %9N0 As required in your Public bearing Notice for the 7:00 p.m. Monday, July 6, 1985 meeting concerning the special assessment for Sanitary Project 85-2, The Art Center of Minnesota hereby informs you that we object to being included in the Crystal Bay Sanitary Sewer Project 85-1 and to the proposed 100% assessment of the project cost amounting to $9,235.00 per unit. For further details concerning our objection I refer you to my letters to you of May 9 and May 24, 1985 and to Mr, Berge Hansen's letter to me of June 7, 1985, a copy of which has been given to you. Respectfully submitted, ART CENTER OF 111INNESOTA Katherine W. Harder President couNCI� MINUTES OF THE REGULAR ORONO COUNCIL, MEETING HELD JUNE 24, 1985. PAGE JUL s gas ATTENDANCE 7 : 00 PM The Orono Council met on the above date M owing members present.: Mayor Butler, Coun0l&4 o 0ek, Lynn Adams, and Frahm. Councilmember Tim Adams arrived at 7:05 p.m. City Attorney Radio and City Engineer Cook were present. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mahusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, and City Recorder Sutton. CONSENT AGENDA* Councilmember Frahm asked that item #24 be removed from the Consent Agenda for discussion. Councilmember L. Adams moved, Councilmember Frahm seconded, to approve the Consent Agenda* subject to item #24 being removed for discussion, with all staff reports concerning these items to be attached to an original cGpy of these minutes on file at the City Clerk's office. Motion, Ayes (4), Nays (0). APPROVAL OF MINUTES* Councilmember L. Adams moved, Councilmember Frahm seconded, to approve the regular Council minutes of June 10, 1985. Motion, Ayes (4), Nays (0). BOARD OF REVIEW MINUTES* Councilmember L. Adams moved, Councilmember Frahm seconded, to approve the Board of Review minutes of June 10, 1985. Motion, Ayes (4), Nays (0). PARR COMMISSION COMMENTS There were no Park Commission comments. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was present. Hurr info. the Council that a public hearing will be held on Augur, .4, 1985 regarding boats stored within frontage of any residential lot. Hurr noted that the City will receive a letter notifying them of the public hearing Hurr noted that the idea is that any residential dock can have four boats if they belong to the people who live there and must prove to the LMCD that they own all four boats. Hurr stated that the attorney is handling discussions with Chaska Marina but has received no response from Chaska Marina. Hurr noted that North Shore Drive Marina has a setback violation and the matter has been turned over to the LMCD attorney. Hurr reminded the Council that the boat trip will be held August 3, 1985 to review the commercial marina operations of Lake Minnetonka. Mayor Butler asked Hurr about Chaska Marina. Butler noted that the redesign of the docks is better for the neighbors and something that Chaska Marina has agreed upon. MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD JUNE 24, 1985. PAGE 2 Jo Ellen Hurr stated that the LMCD denied ChacLa's regi,est because they could not prove any hardship and the LMCD was not willing to grant any variances. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS Terry Morse of 2080 Spates Avenue wi sent. Morse asked the Council what is the purpose o ,pting a resolution declaring that City properties are exempt from special assessments. City Administrator Bernhardson stated that at the last meeting, Council directed that a resolution be adopted indicating that the City would have five sewer units which will be included on the assessment roll. Terry Morse of 2080 Spates Avenue asked what will keep the City on t}- assessment roll. City Administrator Bernhardson stated that the assessment has already been spread and if the City were to remove that assessment, the assessment would go back to the Cit, budget. Bernhardson stated that at this point in the Crystal Bay sewer project the City cannot change the number of units without taking monies from the general tax rolls to pick up the difference. Bernhardson noted that in the resolution assigning five units to the City, it notes that the City will not reduce the number of units assessed against it unless there is a general reduction of units in the project. #896 JAMES ANDERSON GEORGE LEVERING 2280 4 2300 FOX STREET FINAL SUBDIVISION RESOLUTION #1781* Councilmember L. Adams moved, Councilmember Frahm seconded, to adopt Resolution #1781 , A Resolution approving the plat of Bill Kelley's Land First Division. Motion, Ayes (4), Nays (0). #913 PAUL PHILLIPS 2160 SIXTH AVENUE. NORTH PRELIMINARY SUBDIVISION Paul Phillips was present. Building& Zoning Administrator Mabusth noted that the applicant proposes a division of a portion of his homestead property of approximately 12 acres, portions of which are located in the City of Medina. Mabusth noted that the obvious building sites fall within the Orono portions. Mabusth noted that access to Lots 3 and 4 will be shared via the existing driveway. Mabusth advised the applicant that at the time he sells off Lot 3, as the owner of Lot 4, he must grant an access easement in favor of Lot 3. Mabusth noted that all lots have suitable areas for both principal and alternate on site septic systerrs. Mabusth noted that there is a drainage tilt, across Lot I. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUN1: 24, 1985. PA(A., 3 #913 PAUL PHILLIPS Councilmember T. Adams noted that the final resolution (CON111. ) should place the developer/owner on notice that the drainage tile will be the owner's responsibility to maintain and not the City's responsibility. Mayor Butler questioned the wording on the survey regarding the 100 year high water mark at 1005. 5 unless drain tile is not plugged. Surveyor, Mark Gronberg, clarified for the Council the meaning of such wording. Gronberg stated that the calculations were done for the 100 year storm assuming that the tile would be plugged. Gronberg stated that the calculations show what the worst case would be. Councilmember T. Adams asked Phillips if he has any preliminary plans for the property shown on the survey north of the proposal. Paul Phillips presented sketches of his proposal for the property to the north. Mayor Butler moved, councilmember Frahm seconded, to recommend approval of the preliminary plat application of Paul Phillips finding all standards of the on -site septic code and the rural standards of the RR-1B zoning district have been satisfied based on the following findings: 1. If Lot 1 is to be approved as a buildable site the following conditions and controls must be placed on the future use of the property: A) Septic area of Lot 1 must be safeguarded for future use as there may not be another suitable septic area within the boundaries of the lot. At the time the septic system is installed a berm must also be installed along the west side of both the primary and alternate test sites and east of proposed road or if road is constructed first, developer must stake off septic area prior to construction and provide information in road plans as to how drainage will be carred away from septic area. B) First habitable level of residence structure to be at 1007.5 elevation. C) All changes in elevations or grades on Lot 1, outside of original building permit review, must be approved by the City. 2. Drainage the running through Lots 1, 2 and 3 must be designated as 15 feet drainage easement. 3. Conservation and Flewage Easement to be taken over drainage easement --engineer todetermine prior to final Eclat approval if additional area around tile inlet should 11t, inr.luded within drainaq`- eaR:t:nrnt. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGF 4 #913 PAUL PHILLIPS (CONT. ) 4. Owner of Lot 4 must grant access easement in favor of Lot 3. 5. Future developer of lands within Medina to be served by private road within Outlot A must obtain a conditional use permit from the City of Orono prior to construction. City to approve road plans. 6. Payment of park dedication fee of $600 ($200/lot). 7. Dedication of right-of-way of 40' for County Road 6. 8. Maintenance of drainage tile across Lots 1-3 to be the sole responsibility of the developer/owner and is not the responsibility of the City. Motion, Ayes (5), Nays (0). #917 TIPTON CORPORATION 1290 LY14AN AVENUE VARIANCE RESOLUTION #1782 Mike Sjecklocha was present. City Attorney Radio noted that an adjoining neighbor of the subject property, Marc Whitehead, is ar, attorney at Popham, Haik, Schnobrich, Kaufman, and Doty and because of a possible conflict of interest stepped down from his seat as City Attorney. Assistant Zoning Administrator Gaffron explained that the revised plans meet the primary and alternate septic system requirements. Gaffron noted that the proposal is to demolish the existing homes and storage sheds on the property and construct a new home. Mayor Butler noted that the Planning Commission meeting made the finding that no additional land 4 i available. Butler r -t!d that it has been indicated to her that there has not been significant conversation with the neighbor to acquire tional land. Mike Sjecklocha, Tipton Corporation Representative, stated that he has contacted the Whiteheads several times and his calls were never returned. Sjecklocha stated that the adjoining land to acquire from the Whiteheads is wetlands anyway and would not help the dry buildable area for the subject lot. Sjecklocha stated that there has been an attempt to talk with the Whiteheads and negotiate a purchase price. Sjecklocha noted that a purchase price has never been agreed upon. Mayor Butler noted that she was informed of the opposite regarding the attempts to purchase the property. Butler noted that she is hearing conflicting reports. MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELI) JUNI' 24, 1985. PAGE 5 #917 TIPTON Mike Sjecklocha stated that he has logged calls that he has (CON`1'.) made to the Whiteheads. Sjecklocha noted that. his calls were never returned. Sjecklocha noted that negotiations were held last fall regarding this lot when he met with the the Whiteheads and if they were interested in selling some land. Sjecklocha noted that the Whiteheads never gave him a price. Sjecklocha noted for the record that a variance was granted just down the road similar to this same request. Councilmember T. Adams expressed his concern about setting a precedent for developers to buy one acre lots expecting to get a variance from the City. Councilmember L. Adams stated that he would much rather see the proposed house on the property rather than the developer trying to remodel the existing hazardous building. Mike Sjecklocha pointed out that to fix up the existing house, it would need a setback and area variance because the existing home is too close to the road. Mayor Butler noted that in the proposed resolution it should be noted that no future variances should be gran4-ed. Councilmember Frahm stated that the resolution should also note that because of the surrounding wetlands that this property would effectively meet the density requirements of the City because of the prohibitions of building within wetlands. Councilmember L. Adams moved, Councilmember Grabek seconded, to adopt Resolution #1782, A Resolution granting a variance to permit construction of a new home at 1290 Lyman Avenue subject to the two additions discussed above being added to the resolution. Motion, Ayes (4), Nays (1). Mayor Butler voted nay for reasons noted above. #918 JOHN NORDSTROM 541 SPRING HILL ROAD PRELIMINARY SUBDIVISION Dennis Burrati was present representing John Nordstrom. Mr. and Mrs. Partridge of 625 Spring Hill Road and Mr. and Mrs. Fred Winston of 765 Spring Hill Road were present in the audience for this application. Building & Zoning Administrator Mabusth explained the proposal to divide 14.4 acres into 5 lots. Mabusth explained that Outlot B is actually a creation of staff for a private driveway in order to diminish the destruction of the mature trees. Mabusth noted all these lots could achieve direct access via Outlot A but each access drive would require major earth and tree removal. Dennis Burrati asked for the reasoning in asking that the road be constructed right away when those lots will not be developed for some time. Burrati asked the Council to not require. that the eriveway be constructed until those lots are developed. MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD JUNE 24, 1985. PAGE 6 #918 NORDSTROM (CONT.) Building & 'Zoning Administrator Mabusth stated that the the City would have to retain the necessary security to assure the completion of all required improvements. Mabusth noted that Council may wish to establish deadlines for completion of required improvements. Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the preliminary plat application by John Nordstrom finding all standards of the RR-lB Rural Residential Zoning District and on -site septic code have been satisfied subject to the following conditions: 1. All new construction and septic installation must meet the City's setbacks from Lydiard Lake if applied for before the Council adopts the DNR's regulations. If a building permit is applied for after the City adopts the DNR's regulations, the new construction is subject to the DNR's setbacks from Lydiard Lake. 2. Describe wetland in argles and bearings within Lot 5 at 970' elevation. Designate wetland as drainage easement. City to ask for Conservation & Flowage Easement over wetlands. 3. Private road on Outlot A to be constructed prior to issuance of building permits to Lots 4 or 5 and private driveway on Outlot B must be constructed and existing driveway be dismantled prior to issuance of building permits to Lots 1 and 2. 4. Applicant must provide adequate security and enter into a developer's agreement if the private road and existing driveway removal are not completed prior to final plat approval. Applicant to submit plans of restoration of driveway area prior to alteration for Orono staff approval. Engineering plans for private road must be approved by the Orono staff prior to construction. 5. The City will ask for underlying road and utility easements over Outlot A --maintenance covenants for upkeep and maintenance of private road. Applicant must submit proof within private covenants that shared driveway, ownership and maintenance is shared by Lots 1, 2 and 3. 6. The area of the property involved in Lydiard Lake (below elevation 970')must be described in angles and bearings and designated as drainage easements. The drainage easements are to be dedicated on the plat for public use. 7. Payment of $800 park dedication fee ($200/lot). Motion, Ayes (5), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL, MF.E'TING HELD JUNE 24, 1985. PAGE 7 #931 J.F. FLEISCHHACKF.R 2775 SHADYWOOD ROAD VARIANCE RESOLUTION 11783* Councilmember L. Adams moved, Councilmember Frahm seconded, to adopt Resolution #1783; A Resolution approving a conditional use permit to allow removal of 35 cubic yards of fill and place fresh sand along shoreline. MotiDn, Ayes (4), Nays (0). STATUS REPORT ON PROPERTIES LOCATED AT 3385 AND 3393 CRYSTAL BAY ROAD Jerry Wheeler was present. Zoning Administrator Mabusth submitted pictures to the Council of the alleged violations at 3385 and 3393 Crystal Bay Road. Jerry Wheeler noted that the wood pile that staff took pictures of is not the wood pile that he addressed in his complaint. Wheeler noted that the wood pile is piled behind the shed and Wheeler views it from his home. City Administrator Bernhardson stated that staff would recheck the property for the other wood pile. Bernhardson explained that the inspection revealed a shed at 3385 Crystal Bay Road (8' x 12') and would not require a permit. Bernhardson explained that at 3393 Crystal Bay Road a 9.5' x 17' shed is located and that technically a building permit would be required. Bernhardson explained that many people erect these structures without permits. Bernhardson asked Council if staff should enforce this ordinance for everyone. Bernhardson stated that the other issue is hardcover on the two properties. Councilmember T. Adams stated that even though the City doesn't normally require a permit does not mean that people can violate the hardcover ordinance. Councilmember Frahm stated that if someone complains staff should investigate. Frahm stated that at that time if the :,tructure does not meet the ordinance they must apply for a variance. Frahm felt this issue should be enforced upon complaint. Councilmember L. Adams stated that the pictures are interesting and that Wheeler appears to have a case for filing a complaint but felt that the pictures are irrelevant as it pertains to status report on the alleged violations at Wheeler's property. Adams felt that this was an attempt to steer or obscure the issue. Councilmember Frahm noted that at the last meeting Wheeler was instructed to apply for a variance to his original variance. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE. 8 STATUS REPORT (CANT.) Councilmember L. Adams felt that Wheeler's issue ought to be discussed and the properties at 3385 and 3393 Crystal Bay Road to be discussed as separate issues. Counci lmember Frahm addressed the issues in the staf f memo on a point by point basis. Frahm stated that regarding the hardcover (POINT A) as long as no driving or plastic is on the gravel then it is not considered hardcover. Frahm noted that he is aware that the structure under 120' sf does not require a permit. Frahm stated that the 160' sf shed does require a permit and will additionally have to apply for an after the fact variance. Frahm noted that staff observed no boats, therefore, it is no longer an issue. Frahm had no problems with the wood piles. Frahm asked staff to investigate into the wood pile addressed tonight by Wheeler. Jerry Wheeler stated that he did present his complaint through the proper channels. Wheeler 3ttlt that the questions of relevancy of Karl Johnson and Dick Carl's violations will become relevant as this mess gets bigger. Wheeler pointed out that this block (the neighborhood) is in shambles when it comes to compliance with the ordinances. Wheeler felt that the Council should not enforce ordinances only on complaint basis in this neighborhood because that would be singling out certain individuals. Wheeler noted for the record that this block is in non-conformance with the ordinances in regard to hardcover, exterior structures, and lot line setbacks. Wheeler asked that if the Council is going to enforce those ordinances on himself, Johnson, and Carl, he asked that pictures not be taken of just these three homes but of the whole block. Wheeler asked the Council to be fair and to look at the whole block. Wheeler admitted that he parks on his gravel pad and noted that Johnson also uses his gravel pad for storage and transportation of vehicles. Wheeler noted that the wood pile is infested with rodents and he fears for the safety of a young child living in his home. Mayor Butler asked what type of rodents are in the wood pile. Jerry Wheeler noted that ground squirrels live in the wood pile. Mayor Butler noted that ground squirrels are indigenous to Minnesota and help beautify the lakeshore. Councilmember L. Adams tried to explain his point of view and was repeatedly interrupted by Wheeler. Mayor Butler ruled Wheeler out of order and instructed him to leave the Council Chambers. MINUTES OF T11E RFGULAh ORONO COUNCIL. MEETINC HELD JUNE 24, 1985. PAGE 9 STATUS REPORT Councilmember L. Adams addressed the issue of friendship (CONT.) with Wheeler's neighbors supposedly affecting his decision. Adams stated that the record indicates that Wheeler has had fair treatment. Adams stated the the neighborhood is in non-compliance with the ordinances. Adams felt that when Wheeler's variance application was befora the City a few years back, he was treated fairly and the variance was approved. Adams stated that at that time of the variance approval, Adams friendship seemed to have no bearing on the issue. Adams noted that the boat issue came along and his friend was ordered to remove the boat which does not show favoritism on his part. Adams felt that the issues should be brought up individually and the City be wary of attempts to obscure the issue. CLARIFICATION OF HARDCOVER AND INTERPRETATION OF ADMINISTRATIVE POLICY PURDY ry SPENCE LETTER John Purdy of 1975 Fagerness Point Road was present. Art and Dorothy Finkelstein of 1740 Shadywood Road were also present. City Administrator Bernhardson stated that staff is seeking direction from the C-)uncil regarding certain decisions regarding hardcover. Bernhardson noted the letters from Purdy and Spence regarding the interpretation and tradeoffs of hardcover. Bernhardson stated that staff would like direction from Council as to whether Council considers rocks with perforated plastic underneath hardcover. Bernhardson asked Council if they consider decking within the 0-75' setback as hardcover. Bernhardson asked if Council wishes to delegate authority to staff to allow staff to make tradeof f s of hardcover of equal value even when the property is already over the allowed 25%. Bernhardscn also asked if the previous owner installed the hardcover if they would allow the present owner to remove hardcover to tradeoff for proposed hardcover. Bernhardson asked Council to give direction to the Purdy's and Spence's on which route they should take. John Purdy of 1975 Fagerness Point Road stated that he needs to know what Counci I considers hardcover. Purdy stated that in his letter he raised several points that he feels needs clarification. Purdy stated that there are several things that the Council considers hardcover when the "hardcover" does not really violate the intent of the ordinance (the intent being to protect the lakeshore from runoff) . Purdy stated that runoff can be directed elsewhere and still meet the intent of the ordina;ice. Purdy asked Council for an explicit definition of hardcover. MINUTES OF THE REGULAR ORONO COUNCIL, MEETING HEI,D JUNE 24, 1985. PAGE 10 ORDINANCE Mayor Butler explained ghat in the past the question of what CLARIFICATION to consider hardcover was clearly defined, but with today's (CONT.) innovative methods and proof that certain treatments work and the Council has decided that they will not be considered hardcover. Butler used the example of a variance application to allow a deck 16" above the ground with a sand base. Butler noted that the Council did not consider this hardcover because the deck was placed on the ground and a permeable material underneath the deck. Butler noted that on the other hand a deck constructed 4' above the ground is considered hardcover because of the potential for a future owner to place plastic underneath the decking. Butler noted that it becomes a policing probxem for staff. Assistant Zoning Administrator Gaffron reviewed the Purdy's request to add a deck and addition to the home. Gaffron noted the existing hardcover is at 33% and the Purdy's propose an equal tradeoff in existing hardcover for the proposed deck and addition. Councilmember Frahm statea that he is not sure that staff would want to place themselves in a position to be able to make tradeoffs in hardcover when the property is over the allowed. Frahm felt that an equal tradeoff is fine for staff to make the decision as long as the property is under the allowed hardcover, but anything over the allowed hardcover in any zone should come back to the Council regardless if the applicant proposes equal tradeoffs. Frahm noted that the key to bringing these applications to Council is the documentation which gives the City the opportunity to file a resolution in the chain of title placing a future owner on notice. City Administrator Bernhardson noted that a property that is already over the allowed hardcover and does not have a variance for it is technically in violation and it becomes important to document tradeoffs on any such property. John Purdy suggested that. the City clarify the ordinance so that the homeowners will know exactly what is considered hardcover and in order to be able to apply it to his property. Purdy noted that his property has the least amount of hardcover and least damaging compared with his surrounding neighbors. Councilmember Grabek noted that the City has recently begun different approaches to hardcover. Grabek felt that which way the hardcover runoff drains is of no concern to him because it eventually runs into the lake. Grabek felt that the way it drains should not be considered. Grabek stated that Council should identify what is hardcover and what is dangerous to the lakeshore. Grabek pcinted out that the purpose of the hardcover ordinance is to maintain a certain level of hardcover withir. the City. MINUTES OF THE: REGULAR ORONO 'COUNCIL MEETING HELD JUNI•: 2.4, 1985. PAGE; 11 ORDINANCE CLARIFICATION (CONT. ) Art Finkelstein of 1740 Shadywood Road stated that in his case he wants to take out a strip of grass 5' x 20'. Finkelstein asked the Council why they will not let their professional staff interpret what hardcover is and what is not and allow them to make equal tradeoffs. Finkelstein noted that staff is technically able to interpret the ordinances of the City except under circumstances that are clearly confusing in which Council must decide. Mayor Butler noted that when the allowed hardcover is reached and an excess of hardcover is requested then it is beyond staff's purview. Art Finkelstein noted that staff should be able to make equal tradeoffs regardless of whether the property is over the allowed hardcover. Finkelstein noted that the ordinance is vague and should be clarified. Ceuncilmember L. Adams noted that he finds the hardcover ordinance one of the only clear cut ordinances in the book. Adams noted that what is considerd hardcover has been changing as a result of the new technology recently introduced to the City. Adams noted that the ordinance intent is to reduce runoff into the lake. Adams noted what is not explained in the hardcover ordinance is the intent to increase absorption into the ground water. Adams noted that the Planning Commission needs guidance on exactly what Council considers as hardcover. Adams felt that pools are hardcover because they eliminate absorption in the area of ground where the pool covers. Adams felt that staff should have more authority but that Council must decide perimeters. Councilmember Grabek asked how the City originally came up with the 25% hardcover allowed number. Building & Zoning Administrator Mabusth stated that when the hardcover ordinance was drafted it was designed to help drainage. Mabusth noted that extensive studies were done at the Freshwater Biological Institute (FWBI) and that Council's decision was based on those studies. Mabusth stated that Council would ask on all hardcover variance i%quests if the proposal would help the drainage on the property and that the allowed percentages were to be used as a guage. Mabusth noted that the Purdy request is a classic example of the intent of the ordinance in consideration of the existing drainage pattern. Mabusth stated that staff felt comfortable making equal tradeoffs on a staff level without bringing them to Council, out noted that the documen+ation of a variance review (filing the resolution in the chain of title) is also a factor for consideration. Mayor Butler suggested staff act on a staff level and then draft a resolution .in those cases and place tlic-m on )Consent Agc•ndr► for Ccunci l appi ova 1 . MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD JUNE 24, 1985. PACE 12 ORDINANCE INTERPRETAT1ON (CONT.) City Attorney Radio noted that a public hearing would still have to be held. Radio felt that staff should identify those type of cases that staff feels would be appropriate within staff's skill level and bring back to Council for their review. Radio nested that a code change would probably be necessary. Councilmember Frahm suggested calling it something else rather than a variance but still get a resolution filed in the chain of title. City Attorney Radio suggested calling this type of action a code interpretation or staff interpretation. John Purdy asked Council what he should do. Council advised Purdy that he sh.)-ild apply for a variance or wait for Council's decision regarding the discussion held tonight and for Council's performance standards seat up for staff's interpretation. Councilmember L. Adams stated that the resolution could be called "Council affirmation of staff s decision" and be placed on Council agenda. Adams felt that staff should have additional authority. Adams explained that the Planning C'ommissioi. is confused about the changes in hardcover made by the Council and the Planning Commission needs and desires ;,larification of the hardcover. Adams noted two items that the v were confused on which was landscaping wi+h rock with pl tic underneath with holes poked in it which Planning C-)mmission tends to interpret as non -hardcover. Adams no, ed they also were confused with decking less than 18" from the ground with sand base (considered non -hardcover), vit.h,n the 0-75' mark in which the Planning Commission ntexUreted as hardcover in which the Council has ,nterepreted as non -hardcover. Adams stated which way the water breaks does nct make a difference to him in calculating the hardcover. Adams also asked about swimming pools if they are considered hardcover. Adams noted that the FWBI should respond to the fertilizer and whether it is damaging to the lake. Councilmember Grabek asked staff to check with the FWBI to get answers on the aff -ct of various hardcover techniques to the lakeshore. Grabek felt the FWP , '­ uld address plastic under decking or decking with a s- ase, fertilizer for lawns, ground water supply, and L►,,- many other issues discussed tonight. Grabek sugqested inviting Dr. Hanson to the Council to give answers to these questions. City Administrator Bernhardson noted the Spence letter and asked Council whether to ask the applicant to come in for a variance to replace a non -conforming shed can the existing foundistion. Bernhardson noted that Spvncc>'s argument was MINUTE_', E_', OI" THE REGULAR ORONO COUNCIL MEETING HELD JUNE' 24, 1 98 S . PACE 13 ORDINANCE CLARIFICATION WONT. ) that he paid $89 for the shed and seems unreasonable to ask him to apply for a variance for $150. Rernhardson asked the Council if they wish to consider the , on a size of structure basis. Bernhardson stated that staff recommends conti- nuance with present fee based on staff time and the expense involved. City Administrator Bernhardson stated that the LMCD has ar amendment that changes the code regarding the renting of boats and dock spaces. Bernhardson-stated that the staff's position on residential properties renting out dock space is that it is a commercial use in a residential zone and is an illegal use. Councilmember Fra,a_ -It that all boats should be registered to the owner of the home and that the City should change the ordinance to reflect such. Councilmember Grabek noted that Jo Ellen Hurr should be notified regarding this proposed change and hopefully vote the way the City is going to change their docking regulations. City Administrator Bernhardson asked Council if they have a problem with a mobile home trailer parked on a property or a old home while a home is being built. Council noted the. lave no problem with the to ary trailer parking while a n . .iome i being built as lone, the trailer or second dwelling is -emoved before a certificate of occupancy is issued. City Administrator Bernhardson raised the issue of tree removal within- a lakeshore yard dead cr live guideline. Bernhardso. i ed if Council wants to see all applications that have trek iPmoval. Bernhardson asked if Council would prefer to see c..ly those applications involving alive trees and the dea trees can staff can handle. Councilmember L. Adams moved, Mayor Butler seconded, to direct staff to prepare a modi f ica'_ ion of the tree removal ordinance to ref lect strf'- reco cnendation in Alternate A and for staff to determ oropriate fees. Motion, Ayes (5), Nays (0). City Administrator B, -dson asked if Council has a problem with canvas structui s being constructed over a dock requires a separate setback. Mayor Butler noted that the dock must meet a setback and a separate setback is not needed because the canvas structure is usually placed over the clock. City Administrator Bernhardson asked Counci I x'u address the issue of lakeshore fertilization. bernhardson noted that staff will get a re:: funsu f r c m Dr . Hanson from the FWH1 . MINUTES OF THE' REGULAR ORONO COUNCII, ME.ETING IIEI,D JUNs. .4, 198',. PAGE 14 Counci ]member Frahm noted that Dr. hanson of the F'WBI gave a lecture on fertilization once and the outcome of such lecture noted that the phosphorus used in the fertilization chemicals is detrimental to the lakeshore. Councilmember L. Adams noted that the City could do what another metropolitan city does whicn is to ban fertilization during certain time periods. CITY ENGINEER'S REPORT ALTERATION OF WETLANDS PE.'tFORMANCE STANDARDS City Engineer Cook asked Council if they are interested in the alteration of wetlands. ADVERTISE FOR BIDS Councilmember Frahm stated no. Councilmember L. Adams stated that he is interested in the alteration of wetlands or watersheds if it is a benefit to the watershed. City Engineer Cook noted the important function of the wetland is to absorp phosphorus before entering into the watershed. Cook stated that th timing of the year is also important in the altering of a wetlands. Cook also noted the stagnate water and algae control is also important to consider. Cook noted that the City needs to set up monitoring procedures and set up strong penalities for the alteration of a wetlands without a permit. Cook noted that water quality and construction procedures should also be set up. Councilmember Frahm felt that it is dangerous to alter wetlands and that the only reascn to alter a wetlands should be for water quality. Mayor Butler noted that the FWBI should be contacted regarding the alteration of wetlands. Councilmember I,. Adams noted that a lot of the wetlands have already been altered by farmers many years ago and have drainage ditches from them. Adams felt the alteration of wetland- * -n't all bad. City Eng i neer Cook asked Counci 1 for permi ssi on to advertise for bids ors the 1985 seal coating project on .'v 19, 1985. Councilmember T. Adams raved, b,,yor Butler seconded, to direct staff to advertise f hids to be held July 19, 1985, on the 1985 seal coating project. Moti cn , Ayes ( 5) , Nays ( 0) . MAYOR'S REPORT The Mayer had rjot h i r;d to report. MINUTES OF THE RVGULAR ORONO COUNCIL, M1-:ET1NG HELD JUNI•: 24, 1985. PAGE 15 CABLE TV REPORT There was no cable tv report. TRANSPORTATION REPORT There was no transportation report. MARINA COMMITTEE STATUS REPORT City Administrator Bernhardson noted the status report incl:ded in the packets for Council. WEST HENNEPIN HUMAN SERVICES BOARD APPOINTMENT TWO REPRESENTATIVES 6 ALTERNATE City Administrator Bernhardson noted the letters from LaDean McWilliams, Sue Morrison, and Marc McCabe requesting appointment to the West Hennepin Human Services Board. Mayor Butler moved, Councilmember T. Adams seconded, to appoint Sue Morrison and LaDean McWilliams to the West Hennepin Human Services Board and appoint Marc McCabe as the alternate to the board. Motion, Ayes (5), Nays (0). CASCO POINT TRAFFIC STUDY City Administrator Bernhardson updated the Council on staff's study of the intersection at Casco Point Road and Dunwoody. Bernhardson stated that staff recommends redesigning the intersection in an effort to make the high speed turning movement difficult. Councilmember L. Adams suggested landscaping instead of the blacktop curb. Council asked staff to bring back a cost estimate for the prupused redesigning of the intersection. CRIME PREVENTION FUND City Administrator Bernhardson noted that this was mainly a status report. Bernhardson asked Council if they have any names for the committee. Bernhardson noted that Spring Park and Long Lake both are interested in participating. METRO COUNCIL POPULATION ESTIMATES' Councilmember L.Adams moved, Councilmember Frahm seconded, t :, accept the Metro Council's population estimates for 197U- 2000. Motion, Ayes (4), Nays (0). 1984 FINANCIAL STATEMENTS City Administrator Bernhardson asked if Council has any questions or comments regarding the financial statements before the Auditor's are brought in on July 8th. Council had no questions at this time. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNI: 24, 1985. PAGE 16 RESIGNATION COUNCILMEMBER I.YNN ADAMS RESOLUTION 11784 City Administrator Bernhardson noted that Councilmember Lynn Adams has submitted his resignation effective June 30, 1985. Bernhardson presented a resolution of appreciation to Lynn Adams. Mayor Butler moved, Councilmember Frahm seconded, to adopt Resolution #1784, A Resolution of Appreciation to Councilmember Lynn Adams. Motion, Ayes (5), Nays (0). REPLACEMENT FOR COUNCILMEMBER LYNN ADAMS Mayor Butler noted Lhat she has contacted former Councilmember Hammerel and asked if he were offered the position if he would take the position as Councilmember. Butler stated that Hammerel has stated that he would take the position if offered. Councilmember Grabek noted for the record that it was inappropriate for the Mayor to offer the position to Hammerel. Grabek asked if the Planning Commission members were contacted like members Callahan, Kelley, or Sime. Grabek felt it was inappropriate for a leaving Councilmember to recommend his own replacement. Grabek felt there was misrepresentation on the part of the Mayor on the phone and inappropriate action. Mayor Butler and Councilmember Frahm noted that they would prefer Hammerel over the other three. Councilmember Grabek moved to ex' '-he vacancy of Councilmember to Planning Commiss, ,fibers Callahan, Kelley and Sime. Motion died for a _a.x of second. Mayor Butler moved, Councilmember Frahm seconded, to ask John Hammerel to accept the vacancy of Lynn Adams as Councilmember with the understanding that it is filling out a portion of Lynn Adams seat and would have to stand election in 1986. Motion, Ayes (3), Nays (1), Abstention (1). Councilmember Grabek voted nay for the above reasons. Councilmember L. Adams abstained. TEMPORARY EMPLOYEES POLICE DEPARTMENT* Councilmember L. Adams moved, Councilmember Frahm seconded, to grant permission to the police department to use two temporary employees, Peter Palmer and Sandy Wuytke at $5.74 an hour, who are temporary replacements for Sue Bobzien. Motion, Ayes (4), Nays (0). MINUTES OF Till. REGULAR Oe..NO COUNCII. MEETING IIELD JUNE 24, 1985. PAGE 17 TEMPORARY EMPLOYEES PAY REVIEW* ELIZABETH GALLO* STEPHANIE SLIGO* Councilmember L. Adams moved, Councilmember Frahm seconded, to adjust Elizabeth Gallo's hourly rate from $3.85 to $4.00 per hour effective June 17, 1985. Motion, Ayes (4), Nays (0). Councilmember L. Adams moved, Councilmember Frahm seconded, to adjust Stephanie Sligo's hourly rate from $4.15 per hour to $4.30 per hour effective June 17, 1985. Motion, Ayes (4) , Nays (0). MEDICAL LEAVE OF ABSENCE WALTER BENSON RESOLUTION 11785* Councilmember L. Adams moved, Councilmember Frahm seconded, to adopt Resolution #1785, A Retroactive Resolution Granting A Medical Leave of Absence. Motion, Ayes (4), Nays (0). TRAPPING Ph.%MIT RESPONSE* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept the trapping permit response. Motion, Ayes (4), Nays (0). OLD BEACH ROAD TRAFFIC Councilmember Frahm asked why the City cannot post the road "no trucks" as requested. City Administrator Bernhardson stated that there is no evidence of damage to the road from trucks. Bernhardson noted that the City could post one end of the road and Minnetonka Beach would have to post the other end and it is an unenforceable posting in that the City would have to allow service utility maintenance and construction vehicles to the residents of Old Beach Road. CouncilmemberI.. Adams moved, Councilmember Frahm seconded, to approve the report regarding the traf f is on Cold Beach Road as submitted. Motion, Ayes (5), Nays (0). BIG ISLAND VETERANS CAMP* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept staff's update on the Big Island Veterans Camp. Motion, Ayes (4), Nays (0). EASEMENTS TO DATE* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept the easements to date. Motion, Ayes (4) , Nays (0). SPRING HILL CONTRIBUTION* Counci lmember I— Adams moved, Councilmember Frahm seconded, to accept Spring Hi 11's Contribution of. $4,000 for police and fire expenses. Motion, Ayes (4), Nays (0). MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD JUNE 24, 1985. PAGE 18 RESIGNATION PAM SUTTON* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept Cily Recorder Pam Sutton's resignation. Motion, Ayes (4), Nays (0). LIVINGSTON AVENUE DRAINAGE PROBLEM* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept staff's updated memo regarding the Livingston Avenue Drainage Problem. Motion, Ayes (4), Nays (0). CITY "'IISTRATOR' S INFORMATION* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept City Administrator Bernhardson's information memo. Motion, Ayes (4), Nays (0). CITY ATTORNEY'S REPORT DITTRICH PROPERTY City Attorney Radio asked Public Works Coordinator Gerhardson to update the Council regarding the Dittrich property. Public Works Coordinator Gerhardson explained that when the City built the Navarre parking lot the City purchased an amount of land from Dittrich and leased a portion of land from Dittrich. Gerhardson noted that the land that was leased was paved and is used as parking lot and private parking for Dittrich. Gerhardson noted the portion of land that was leased was due for renewal of that lease in 1974 but for unknown reasons was not renewed. Gerhardson explained that Dittrich is in the process of torrensing his property and has suggeste,l that the City deed back the prop, -f to Dittrich and after .orrensing he would deed back th, property to the City as well as the leased portion less the amount of land Dittrich needed for his personal use. Gerhardson pointed out the advantage of this procedure in that the City would have torreits property. The Cour,:il determined that it was no- rezea vi erg torrens property, therefore, no excel,,. directing staff to notify Dittrich torrensing of his property only. . interested in action was taken to proceed with PAUL SMITH SEWER MATTER Mrs. Powers was present. City Attorney Radio submitted a memo to Council summarizing the status of obtaining easement for Paul Smith sewer connection. Radio stated that it is his understanding that Paul Smith has offered to install and pay for the cost of connecting his house to the sewer and contributing $1,000 towards the cost of retaining the easement. Radio stated that the contract with Widmer contains restoration for seeding or sodding. Radio noted that the Powers prefer the easement over the older property (OPTION A). Radio noted that the Powers would accept $2,000 in exchange for the acquisition of the easement. Radio recommended that the City negotiates an acquisition of the easement in lieu of condemr:ation in light of the exi.ense and MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE. 19 PAUL SMITH SEWER delay that would otherwise result. Radio noted that OPTION (CONT.) A proposes the easement adjacent to the existing driveway while OPTION C proposes the easement in the existing driveway. Mrs. Powers noted that there is a misunderstanding in regard to the easement in that they understood that the $2,000 amount was for the driveway easement. Powers felt that the City of Oronc should pay zero and that Smith should have to pay 100% for the sewer project . Powers noted that they feel they have lost $50,000-100,000 over the past three years because they cannot sell their home because they cannot guarantee a new owner that the yard will not be torn up. City Attorney Radio asked if the Powers would be interested in Option C. Mrs. Powers stated no. Councilmember L. Adams felt that it would be inappropriate to start condemnation proceedings immediately and suggested that Smith be required to set up an escrow fund. Councilmember Frahm moved, Mayor Butler seconded, to direct staff to coordinate the following: 1. Paul Smith to set $1, 000 in escrow within 7 business days or the City will begin condemnation. 2. Start condemnation proceedings to get easement limiting the legal fees at $500. 3. Draw up an easement contract between the City of Orono, Smith, and Powers and signed within the next 15 days. 4. City to obtain a copy of the contract between Smith and Widmer for the construction of the sewer and water and Smith to pay SAC charge. 5. The City of Orono will indeed pay $1.000 for the easement, Smith to pay $1,000 for the easement, plus all the construction costs if done within 45 days. 6. At the end of 45 clays if this project is not completed that the City terminate the conversation about the easement acquisition and City will start condemnation. Motion, Ayes (5), Nays (0). 1950 SHORELINE DRIVE RESOLUTION #1786 City Attorney Radio submitted a resolution authorizing the taking of land by eminent domain for utility easement. purposes for the Crystal Bay Sewer Pro �ect at '950 Shoreline Drive. MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD JUNE 24, 1985. PAGE 20 Mayor Butler moved, Councilmember L. Adams seconded, to adopt Resolution #1786, A Resolution authorizing taking of land by eminent domain for utility easement purposes for the Crystal Bay sewer. project. Motion, Ayes (5), Nays (0). CRYSTAL BAY SEWER PROJECT City Attorney Radio noted that the contract documents provide for contractor's risk insurance and that the contractor has not provided this in the specifications. Radio informed staff that the bidder should provide this information since the contract calls for such insurances. LICENSES* Councilmember L. Adams moved, Councilmember Frahm seconded, to approve the following licenses: King Super Value - Cigarette License Roger Frommelt - Fireworks Permit Clover Hill Company - Septic System Installer's License Q Superette - Off Sale Beer License Lakeview Golf Course - On Sale Beer License Mexican Inn - On Sale Beer License Wayzata Country Club - Club Liquor License Ron Potas - Fireworks Permit Navarre Congregation of Jehovah Witnesses - Temp. Trailer Parking License Spring Hill Conference Center - Set up License Motion, Ayes (4), Nays (0). BILLS* Councilmember L. Adams moved, Councilmember Frahm seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (4), Nays (0). ADJOURNMENT 11:35 PM Mayor Butler moved, Councilmember Frahm seconded, to adjourn the regular Council meeting at 11:35 p.m. and enter into executive session. Motion, Ayes (5), Nays (0). ATTEST: Dorothy M. Hallin, City Clerk Mary �:. Butler, Mayor July 31 10u5 j) iS�usSc�i CkLkY ink VAxbl %Q Cumrnent l -b-65 Council .j TO: City Council Orono, Minnesota FROM: Jerry W. Wheeler 3399 Crystal flay Ild. Wayzata, Mn. 55391 1985 'I ITY OF OROWI)l _ff Knowing that change comes hard, I must continue to pro- tect my legal rights. At the last council meeting it was suppested by a couple of our councilmen that Mr. Johnson's woodpile was "O.K." and did not require a variance appli- cation because: I ) The rodents livin(- in it were indigenous to Mn. >.) The woodpile is their natural habitat, and 3.) "There are no violations of city ordinances. All three of these rationalizations are clearly mislead- ing if not totally false. They represent a continuation of a couple of our councilmen's blatant attempts to show both 'Mr. Johnson and Mr. Dick Carl special favors. The simple fact that an animal is i• .genous to Minnesota in no way addresses the question of nuisance -needless to say health and safety factors, when in such close proxi- ►nity (10 feet) to anyones private residence; whether with or without children. Skunks, raccoons, rats, etc.; are they not all indigenous to 21innesota? Does any sensible adult "ENCOURAGE" any wild animal to nest within 10 feet of his home where, as they multiply, they are likely to invade ones attic or to bite a child who is trying to feed or play with them? Is not the risk of rabies alone, as small as that may be, sufficient reason for honest concern? Everyone knows that this woodpile is NOT the "natural" habitat for these rodents. This is a man made habitat and as such can anti should be moved away from our home (either to the hack of Johnson's property as other residents (To or next to Mr. Dick Carl's home if he is unconcerned). The woodpile clearly violates the intent of our ordinances regarding mobile materials and exterior structures. In addttion, this woodpile is less permiable to water than my gravel and therefore should also be included under the "intentionally vague" hardcover ordinance ---- if my gravel is to be so included. To claim that no city ordinances are betn violated is ridiculous; unless, once again, this city's intent is to use an intentionally vague city ordin- ance to punish me while others receive "special treatment"1 Mr. Johnson must be required to apply for lotline set -back variances and hardcover variances for both the storage shed an,] the woodpile. `fr. ,Johnson's other woodpile (tne rotting wood in hack) has yet to even be ad,iresserl. *!r. Dick Carl's violations are another exccllent example of the favors being handed out by a cou2)le of our City Councilmen. Mr. Carl's violations were as good a swept under the rug by them at the last meeting. First of all, Mr. Carl MUST apply for a 10' side lot -line setback var- iance for his storage shed- -" 1 MTTER WHAT SIZE IT IS. In addition, a hardcover ca_.,ulation is in order for 3Ir. Carl's property if it is in order for anyones. lie is clearly in violation of our hardcover restrictions and his shed is ONLY A SMALL P011TIO OF PTS ITAP..-UOVET. VIO- LATI ON . Even more stunning, when it comes to favors being handed out, was the way everyone "played" deaf when I pointed out that the City's own pictures showed that a motor - vehicle was ALSO 13EI1\G PARKED ON MR. CABLIS AND 1M. J01INSOVS GRAVELI If '1Y gravel becomes hardcover just because I park a motorvehicle on it ---- SO DOLS THEIRSII They are clearly violating the law ---- IF I A*III The facts spear: for themselves. Rationalizations and excuses will not make the facts any different. In all cases, *!r. Johnson and fir. Carl must be required to come in for "after the fact" variances any' to pay the higher penalty fees required. To do otherti.iso would be illegal favoritism and a shirking of this city's legal responsibilities. If the city continues this "charade" against me, I will hold the city accountable for any favoritism shown to any other KNOWN violators. Common sense dictates that this city is fully aware that my ALLEGED violation is but "the tip of the iceberg"; an iceberg consisting of many far more obviously flagrant Violations, CLEARLY K`:O.iN TO THE CITY AND ALL OF ITS HGPKESEKTATIVES. Legally speak- ing, my gravel should never have been included in the hardcover calculations "contracturally" placed against my home. My {*ravel is not hardcover and everyone knows it. For the legal record, I ar► not personally making any com- plaint against anyone else on this block other than Mr. Carl and Mr. Johnson. I am simply rernindin7 you, formally, of that ►,•hich you already know regardinp the general non- compliance on Crystal Bay lid. Any attempt by the City of Orono or any of it's representatives, to imply that I have issued a complaint against anyone other than them (Johnson and Carl) would be false and treated by me as an Intention- al tort. t"ith the knowledge you already possess, you are neglir,ently lone overdue to act. Likewise, shoulA anyone (July, represen.,in(; the City of Orono su(,-(-est that Air. Carl, Mr. Johnson or anyone else, NEED NOT APPLY FOR VAIili\LACES REGAIII)ING VIOLATIONS MAT THE CITY IS ADMIrrEI)LY AWARE OF, WHILE CONTINUING TO HAR- ASS ME, I WILL HOLD TtIE CITY OF ORO`O ACCOUNTABLE. Let me repeats you may believe that you can penal17 me far this city's flippant law enforcement on Crystal Bay Iid. or, believe that you can use a vaguely written law to harass me while other "(,.,ore favored citizens" are allow- ed to openly i(*nore the .same laws; BUT, NOT wI moUT ONE HELL OF A FIGHT YOU 4;0N' [71 I I I I I I I I July R, 1985 TO: City Council Orono, 'Minnesota FROMt Jerry W. Wheeler 3399 Crystal Clay lid. Wayzata, 'tn. 55391 L,@C5UWjC�(�� D J - 8 1985 CITY OF ORONU Chts letter is to reaffirm my complaint of April 10, 1985 regard inr- Mr. Carl Johnson's and `.Ir. ;lick Carl's viola- tions of our City's ordinances. 1 w• i to repeat that I am prepared to eithdraw my complaint, should any satisfact- ory compromise or solution be sugl;ested by anyone. In the absence of that, I will expect the city is enforce our laws fairly and equally against ALL KNOWN VIOLATIONS AND V I OLATC I{S . The most perplexing ingredient in this present state of affairs is the fact that a just solution is immediately at hand. Time after time it has been generally agreed by every- one; Councilmen, Planning Commission and City Staff, that gravel driveways are not truely hardcover: 1.) Hardcover is a "fuzzy issue" (Mayor Butler), 2.) Gravel is "considered" hardcover because it often gets blacktopped when it functions as a driveway. i;e don't have a permit requirement for blacktopping or paving (Tom Frahm); 3.) If water will not soak into it, it is consider- ed hardcover (Mayor Butler)l 4.) The original drafters of this ordinance direct- ed that we not get "all hunk; up on nurn`)ers"; these are not hard and fast rules; It should I— relevant what else is being, done, what other improvements are being, made to the land and what improvements are being made for the community (Jean MaI:lusth) . ;.) How can we draft a hart, and fast rule (Tom Ft lhm)? 6.) We should take a look at whetha-r we are correct- ly addressing what is and what isn't hardcover. May - he a different conclusion is appropriate where the runoff is absorbed before it reaches ',e lake (Jim Grabek). 7.) ±;ut how do we police gravel driveways when we know tha so many of them enr' up getting blacktopped and we don't find out about them until two to three years after the fact (Tom Frahm)Y The con. ;slob may be just a bit too simplistic and there- fore lgnorec4. The council has agreed in the past that r-ravel is not hardcover. ".tit, it becomes a ma for concern when it is acting as a riveway or parking pad because it is often blacktopped Paved without city knowledi-e. The so'ltttinn, as simple it may be, 1s to go ahead .invi re- gttlre a permit for any form of pzvint- In Orono. 1 r!on't c.lain that this is a "cure-all" but it wouldd, ror.t certai►i- 1% be a rya,or 4tep in the rit-lit f'irertiori. City Staff -rave ,urrested to the council in the bast that such an ordinance should be drafted and adolitt,d. it would go a long. way to eliminating; the `,AJORITY of the hardcover conflict: and disputes. Friforcement of such an ordinance would be no more difficul .n any other permit or build- ing; requirement and certaloly easier than the present str.te of affairs. Such an ordinance would g►enorate more city revenue and ultimately more clearly define what is really hardcover and what is not. You are already it g;ener :1 *ir eement; a , teat Is needed is to stop strug;gl 1 -,r, wl `►. :he i5...te. There is already more than sufficient evidence to clearly conclude that my g-ravel never was "hard -cover" and was in- correctly included in the hardcover calculations for our Property (although staff was simply doing; as they were directed). If you were to pass an ordinance requiring* permits for paving,*, r t only would yogi resolve many dis- putes and inequities, you would also justly resolve this resent dispute or, Crystal Bay licit 1 could then a -Tree to V. hdraV: my complaints. ;;ut, if through some flaw in hurnan natu ­ this ju• - and sensibl,° solution fails to he seriousl; viewed antl act- ed on; varu.e and unequal enforced as this present "hard -" interpretation will. conti,ni t nappropri- ate1;a unfaIrly enforced; hatrassinr -itizens while t:*.hers Uet a "free ride". As it stands nr l.) The city has failed to appropriately P hardcov -r. 2.) The city has inapprohrir ! ; inclu,'err g;r::'el in their hardcover descriptir, cause there is in existinr permit req. ual hard- cover such as paving ant? 'J.1 The city has chosen with me be- ,.ause of it's oi,•r, t ai l i. to t r:.- general non- omplian— '•Iystal :i. G •as '•e- .Iuse of tht..t ;onL.n' :omrl tance tha i ilt that we neede.: c-ontrac.turbI agreement on !:r, „heeler s property"l Al, ravel is not hardcover, never 'ias been ;iar(ic-)ver and, A:;.,ujdirrr to City Council officla_ st `ements, nF•rer should have been included it the hardcover calculation: c:•n my horao. To claim otherwise would fly In the face of the ndIn.- that "rrdvel ;gan(+scapinr" is not hardcover. If .vel 1LI, lscapin,; is as acceptable as grass, then sure as heck my gravel driveway is acceptable until I de..ide I want to pave or blacktop it. i • i 'i r�, U AWA �111; iiyG T• City Coun--il FROM: Jeanne A. Mabusth, Building & Zoning Adbi nj Qr. DATE • July 2, 1985 T'!t.i�tjJ O SULi ECT. #915 Roland C. Amundson, 3135 Casco Circle - After is -Fact Conditional Use Permit and Variance Zoning District - LR-lC Area - 18,000 sf Application - After -the -fact Conditional L?^e Permit and Variance required major al'erat of non -conforming structure. Pertinent Ordinance: 1. Section 10.03, Subdivision 5(H) major structural repair of non -conforming structure List of ' s Exhibit A ._,plication Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Neighbors written r;-)roval Exhibit E - Landscape Plan Photos will be available for review Review of Application On March 13, 1985, staff inspect the lakeshore of the subject property. Staff observed the I swing violations: 1. Approximately 90 percent of the shoreline bank r 3 been cleared of trees and brush--8 to 10 were over 5 inches in diameter. The applicant had advised they were all dead. 'he inspector had observed in a latcr inspection that some of the trees removed appeared to be alive --photos were taken of the trees for review at our meeting. *n -- .: c3plicant. was asked to submit an expert opinion as to the .:onditioi. the trees at remova. (landscape architect, forester, e.:t.) Planning Commission did not fen1 this was ftecessary as the trees are gone. It is ..ire important to deal with res.-oration and conservation issue. #915 Roland Amundson Page 2 July 2, 1985 2. The bank began to Crode with the early spring rains after the trees and brush were removed. 'he applicant complied with all staff's requests for 6pe fic erosion control steps. Photos were taken of the banks in early spring for your review. The banks have restored themselves with the natural groun-i allowed to return--photes taken June 13, 1985 will confirm restoration. The applicant was asked to submit a landscape plan showing replacement of trees, planting of shrubs and safe access to lakeshore. Ahilicant was specifically asked to show how access stairs would tie into the old boat house foundation and, if permil-.t_ed, new deck. The landscape plan has been submitted for ur review --see Exhibit D. 3. A non -conforming structure or ►,�, i,t house located 4-5 feet off the shore had been dismantle:: except for three sides of the foundation walls. The remaining foundation provides much needed stability for the bank. The applicant was in the process )f constructing a deck within the foundation walls. He was asked to stop all construction of the deck and it remains as it was on March 13th--photos were taken July 13, 1985 for confirmation. The applicant will replace the mature trees removed last spring. The plantings noted on the schedule are all acceptable and will provide the necessary erosion control on the very steep bank. The steps and 1c nding areas must be trimmed back to maximum allowed width of 4 feet. Erosion control must be provided when the plants and trees are installed at sometime in the future. There is no pan' c or emergency or need to require immediate planting because the banks have restored themselves. The real issue now is th remaining boat house Ftructure. To remove the foundation would create major problems for this very steep bank. To fill over the skeleton of the foundation is not feasible given the steep bank and the closeness of the structure to the water. The applicant wishes to improve the look of his lakeshore but most important to provide afe access down the steep bank. Staff had suggested at the Planning Commissi.>: mee 3 that as a compromise the City allow the 12' x 16' fc .ion I�o be used as a part of the structure that provides access to If the deck platform remains, a 36 inch railing must be provided mound all open sides. The 4' wide access stairs must be structurally tied into the platform/foundation. The visual impact from the lakeshore would be minimized with the reduced structure and the propc.sed plantings. #915 Roland Amundson Page 3 July 2, 1985 Planning Commission Recommendation To approve the after -the -fact conditional use permit and variance application of Roland C. Amundson finding the application as amended to be in keeping with the intent of the standards of the zoning code that govern all lakeshore use. This approval is subject to the following conditions: 1. Access stairs as proposed on lands^ape plan by Otten Brothers Nursery & Landscaping, Inc. dated April 24, 1985 must be built as one unit with existing foundation (move landing and stairs over the foundation --stairs are to be structurally tied into platform/foundation) Stairs must meet 4' maximum width -- not 6' as shown. 2. Applicant's landscape contract-r must have all plans for erosion control approved by staff prior to installation of plantings along lakeshore bank. 3. A 36" high railing must be installed around all open areas of platform. Applicant must obtain a building permit for construction of access stairs, completion of platform deck and dock. 4. DNR and MCWD must approve and permit all rip rap proposed along shoreline. The attached resolution has been drafted based on the Planning Commission recommendation. Please note the resolution deals only with the conditional use permit and not the variance (Section 10.03, Subdivision 5 (H) p1--ase of the application because the property is torrens and the Regir' -ar of Titles would not accept a variance resolution for filir.e. .' pzo N. ,-N CITY OF ORONO �ece;10 S o c.kP �roo o �o ra-Q 5-Oo. 00 GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION 3/ 3S Site Address ote@- Casco Circle Wayzata 'IN 55391 Property Identification Number (P.I.D.) 20-117-23 43 0029 Please check one - Is the property abstract or X torrens? (for Conditional Use Applications only) Pease attach legal description to application if not included on required survey. ---•------------------------------------------------------------------------ APPLICANT Name Roland C. Amundson Phone 471-8833 (H); 338-3380 (W) Mailing Address 1350 Dain Tower, Mpls MN 55402 --------------------------------------------------------------------------- OWNER Name Roland C. Amundson phone 471-883 Mailing Address 1350 Dain Tower, Mpis MN 55402 (H); 338-3380 (W) Date Property Acquired October. 1984 (month/year) I (AN (ck) not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PEES - CONDITIONAL USE PERMITS 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, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning $200.00 Al Other - see ; schedule. PRESENT USE OF PROPERTY Present Zoning District 1.R - it Present Use of Property Residential Other (specify) ---------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: see altached Fxhibit "A" REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (110) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or Inus>>al expenses incurred ir, review of this application, and certifie/trat the inif rmation supplied is true and correct to the bestof /her ' WXec�ge. , i i• Applicant's signat.urgr OWNERS SIGNATURE Date 4/25/85 The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by Ci y staff, consultants, agents, commission members, and Cou cil m2pfbers for Fu oses of investigation and verification of t Pf.. request. • • r Owner's signatrc. / � 1�. Datr ^_4 /25195 ------------- � ----------------------------------------------------- ---- Applicant m�utt have all submittals into the City offices 25 days before the Plrnnirig Celln :i s! icu► Mc(t ing. Planning Commission Meetings are held on the third Monday of eacl► munch. Exhibit "A" The work being done will involve replacing the decking on the floor of what remains of the boat house. The former flooring was rotting and unsafe. The flooring is essential to support the ground area around the walls so as to maintain the integrity of the structure. If the three walls are allowed to fall into disrepair the bank will undoubtedly experience rapid and extreme erosion. I also plan a wooden stairway as access to the 1ak(; . RUN DATE 04/23/85 BATCH 001 38 20-117-23 34 0006 PROP ADDR 03105 CASCO CIR 014 DER NAME W i M MEYER TAXPAYER JOHN P STEN NAME/ADDR 3105 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 34 0021 PROP ADDR 03125 CASCO CIO OWNER NAME R G E P A DUDLEY TAXPAYER RONALD G A PATRICIA A DUDLEY NAME/ADDR 3125 CASCO CIRCLE SO ORONO MN 55391 38 20-117-23 43 0024 PROP ADOR 03185 CASCO CIR 04"IER NAME LYNN L PERSON TAXPAYER THOMAS A GREEN NAME/ADDR 3185 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0027 PROP ADDR 03155 CASCO CIR OWNER NAME W L T LUNDSTROM TAXPAYER WAYNE i THERESA LUNDSTROM NAME/ADDR 3155 CASCO CIO ORONO MN 55391 38 20-117-23 43 0030 PROP AOOR 03133 CASCO CIR OWNER NAME DENNIS A LAURA SULLIVAN TAXPAYER DENNIS A LAURA SULLIVAN NAME/ADOR 3133 CASCO CIRCLE DRIVE WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWIIERS LIST 38 20-117-23 34 0007 03131 CASCO CIR ORVILLE H HUSEBY ET AL ORVILLE A DEANIIE HUSEBY 3131 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 34 0022 J H i B L LEAR JAMES H d BONNIE L LEAR 3127 CASCO CIR OROI10 MN 55391 38 20-117-23 43 0025 03185 CASCO CIR LYNN L PERSON TPOHAS A GREEN 5 CASCO CIRCLE URONO MN 55391 38 24-117-23 43 0028 03145 CASCO CIR L VON ROAR MICHAEL F BUTLER 3145 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0031 THE CASCO CO THE CASCO COMPANY ROBERT 0 MACNIE 3135 CASCO CIR WAYZATA MN 55391 REPORT NO. P1435401 PAGE 1 38 20-117-23 34 0008 03129 CASCO CIR P M DOUG"' L ETAL P M DOU,ALL 730 'ND AVE S SUITE 515 MPLS MN 55402 38 20-117-23 43 0023 03V-i CASCO CIR ROBERT M 3 JUDITH G BOYLAN ROBERT M BOYLAN 3195 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0026 03165 CASCO CIR HERBERT J SUERTH ETAL HERBERT J SUERTH 3165 CASCO C.IPCLF WAYZATA MN 55391 38 20-117-23 43 0029 03135 CASCO CIO ROLAIID C AllnlOSON ROLAND C AMVIDSON 800 FIRST BAfO( PLACE W MPLS WN 55402 TOTAL BATCH 001 00014 rw X S M� RUN DATE 04/23/85 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 BATCH 001 PROPERTY OWNERS LIST PAGE 2 # ltt,3,- 1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEA S THIS DATE ON THE RECORDS Of THE HENNEPIN COUNTY OEPARTMENT OF PROP TY TA TION. TO THE BEST OF MY KNONLEDGE AND OF.LIEiU t 1 B'Y DATE - w 0) Jl 105 f4111 179 ,. 1 � ;�c � t R.Q.S. a � 1 \ ;,, �j.. •' l�� �' 1e1'�`1' .y A \\ 183 1470 o moo{ Y423 89 PL 162 66 �20) + 4o 'A 40 641 vs •V�l 13 c 4r 156 J� 'Jb 55 140 - 169 A �tr I•17C 5 ; X171 16 so 10 4L 2 I 0 N , I( � j , . selol 0 1 1 A C3 bi ()jk ; t IVI!I L%6 ILI �g yC,e� ° �GS hot 29 0 so 47t '40 31 '.A 5? J FA ck, 4- t &N 141 1 1 33 le 49 1 4� 3 1 ! I 37 JJAR va ri. e 43 D 6 �/�C/ el-It-1 a0/0 -tillimb LL�f�liKc'ri' -�/c- or -�,rt, A%1(.�rlol, 1101106 l -k, .&C's , j5A Q6i"t&& A S4 C4-- j�I Ca�,�•� r, �cf n�1: IA -71 Tc .r / ') 'Ll ss I/ I i 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL. USE PERMIT PER MUNICIPAL ZONING CODE: SECTION 10.03, SUBD 5 - FILE NO. 915 WHEREAS, Roland C. Amundson (hereinafter "the applicant" ) is the owner of the property located at 3135 Casco Circle located within the City of Orono (hereinafter "the City") and legally described as follows: Lot 41 and commencing on Northeasterly line of Lot 64 at a point 30 feet Northwesterly from the most Easterly corner of said lot thence Southwesterly to the most Northerly corner of Lot 40 thence Northwesterly to the most Northerly corner of Lot 41 thence Northeasterly on the line between Lots 41 and 42 extended to a point in a line parallel with and 20 feet Southeasterly at right angles from the Northwesterly line of said lot 64 thence NortN�asterly on said parallel line to the Northe "erly line of said Lot 64 thence Southeasterly to beginning including vacated street Lots 41 and 64 (hereinafter "property"), and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit the major alteration of an old boathouse, a non conforming structure, in order to provide an access stairs and landing area on the steep lakeshore bank of the property per Municipal Zonirg Code Section 10.03, Subdivision 5 (H). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Findings 1. The application was reviewed as Zoning File No. 91.5. 2. The property is located in the LR-1C Lakeshore Residential Zoning District. 3. On June 17, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that the application as amended would be in keeping with the intent of Section 10.03, Subdivision 5 of the zoning code and with the intent of the standards of that same code that governs all lakeshore use. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of tae applicant and the effect of the altered structure on the health, safety and welfare of the commur, i t y . Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that granting a Conditional Use Permit to allow tLe alteration of an old boat house structure to provide an access stairs and landing area on a steep ' ikeshore bank will not be detrimental to the health, safety ( : general welfare of the public, would not adversely affect 1 fight, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the alteration of the non conforming structure as amended by the Planning Commission of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit pe- Municipal Zoning Code Section 10.03, Subdivision 5 (H) to permit ne major alteration of a non conforming lakeshore structure, subject to the following conditions: 1. Landscape plan by Otten Brothers Nursery and Landscaping, Inc. dated April 24, 1985, to be amended as follows: A) Move landing and stairs over the foundation. B) Stairs and landing areas not to exceed four feet in width. C) Stairs are to be structurally tied into existing foundation. D) Final structure must meet all standards of the Uniform Building Code. 2. Owner or owner's contractor must obtain a building permit for construction of access stairs, completion of platform deck and dock. 3. Department of Natural Resources (DNR) and Minnehaha Creek Watershed District (MCWD) must approve and permit all rip rap proposed along shoreline. 4. Owner or owner's contractor must have all plans for erosion control approved by City staff prior to the installation of plantings along lakeshore bank. Hager 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of July, 1985. ATTEST: Dorothy M. liall:n, City Clerk Mary C. Butler, Mayor roperty Owner(s) Spouse P._igc 3 (if' 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. - ---- - STATE OF' MI NNESOTA ) COUNTY OF HENNEPIN ) On this _ day of _ _ _ 1985 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as nis (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE. OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared _ known to me to be the person s)_ de_scr_ibes] 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 COFIMISSION EXPIRES r'gTIN6 To: Planning Commission Cra"�'��L F JJ' � From: Michael P. Gaff ron, Assistant Zoning Administ MAIr h a Date: May 30, 1985 Subject: 1925 - Richard & Diane Hennesy, 4670 Tonkaview Lane Attached is a map suggesting your easiest accesses to view this property. 5. 49O TRAIL_ 01 Gu-LL �I rr.r-t`O�1 (� cJG�. ;r N 41C 10 I� r 1� S yJ F1 L r S}1criGT`E :.T v�.'. Q J ' S ACROSS $Cifu c-7 7— � l (,Qa.DfN l..ANEI wKo,2 r- 7?t->W'F >ej v"-t L-14 8 E) IS f"tA"'r -r v* o :E SIrA wAL ICI-6 , To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: June 24, 1985 Subject: #925 Richard & Diane Hennessy, 4670 Tonkaview Lane - Variance Zoning District - LR-lB Single Family Lakeshore Residential Request - Allow installation of a septic system rather than connection to municipal sewer located approximately 540' east across neighboring properties with severe topography. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - List of Property Owners & Map of Property Owners Exhibit D - Survey With Preliminary Proposed House Location and Septic Test Sites Exhibit E - Existing Sewer Locations This is an applica•- on to allow construction of anew home on a lot of 1.21 acres in a 1 acte zoning district where municipal sewers are not available. This falls under Section 10.03, Subdivision 6 (A)(3), which states that "A lot of record in any "R" District in the City not served by public sanitary sewer must meet the area and width requirements of the Zoning Chapter and shall not be utilized for single family detached dwelling purposes without Council approval." This lot meets the area requirement of 1 acre, but is 120' in width instead of the 140' required. The applicants certainly have a hardship in that this lot substantially meets the minimum standards (80A of lot area and width) to be granted a building permit without variances, if sewer was available. According to Hennepin County the "Tonkaview Gardens" plat was originally filed on July 29, 1921, prior to any zoning codes in Orono. The septic testing indicates that mound systems will be needed at the primary and alternate sites due to slow percolation rates. The sites as delineated on the survey are acceptable, but the proposed house location must change to allow a minimum 20 foot setback from the tested sites to the house and driveway. From a septic standpoint, the lot is buildable as long as the house can be suitably located away from the drainfield sites. The applicant is aware of this and feels he can easily relocate the house tomeet the septic setbacks. The applicants will be allowed to upgrade unimproved Garden Lane right• -of -way for access to the property. They will assume the costs of bringing in phone and electric service to the property, and of course will have their own well. Zoning File #925 Richard & Diane Hennessy 4670 Tonkaview Lane May 30, 1985 Page 2 Because this subdivision does not have sewer laterals installed, staff has started to review the possiblity of sewering the properties within the Tonkaview Gardeps plat. As of this writing, City Engineer Glenn Cook, John Gerhardson and I have walked through the area and a number of elevations have been taken, but we have no estimated cost or routing. The other unsewered property owners have been mailed a letter requesting their opinion for or against installing sewer laterals. We have received re- sponses from two property owners. Mrs. Sollner called from Washington D.C., noted that her husband is ill, and they desparately want to sell these properties (but don't want an assessment to make the taxes higher). Mr. Norwood appeared at the Planning Commission meeting, noting that he realized sewer might make the properties more saleable but he was concerned about the up -front costs. He noted he would be a ainst a rezoning to 2- acre unsewered. Planning Commission quizzed the applicant as to whether he understood that if he got approNal now, and built a septic system now, that if sewer comes in he will have to connect and pay for the sewer too. Applicant assured the Planning Commission that he understood the ramifications. Planning Commission unanimously recommended that the variance to allow use of a septic system be granted, based on these findings: 1. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 2. Sewer is not provided to this property although the property is located within Orono's designated sewer service area. 3. The costs of providing a municipal sewer lateral to serve this property and the adjacent undeveloped properties has not been deter- mined; the City has no indication when the neighboring properties will be developed. 4. The property can support primary and alternate mound type septic systems. 5. The property can gain access through the undeveloped Garden Lane right-of-way. 6. The applicant has demonstrated that he is aware of the potential for sewer to be installed in the area, and is aware that he risks paying tor a septic system and a sewer. Approval should be based on the following conditions: 1. Applicant shall locate the house such that the house and driveway do not encroach onto the approved drainfield sites. Zoning File #925 Richard & Diane Hennessy 4670 Tonkaview Lane May 30, 1985 Page 3 2. Applicant shall be responsible for the costs of installing an adequately sized culvert in the gully location on undeveloped Garden Lane. 3. Applicant is responsible for maintaining this access driveway over unimproved Garden Lane. 4. At such time in the future that municipal sewer is provided to the property, applicant shall abandon the septic system and connect to the municipal sewer within the normally required time frames. 5. Payment of park fee in the amount of $350. 6. Payment of standard building permit fees including SAC charge. The sewer unit charge of $225 will not be collected until such time that municipal sewer becomes available to to the property. Planning Commission urged the Council to consider sewerinq this area in order to avoid creation of many new homes on 1 acre lots with septic systems. A resolution .reflecting the Planning Commission recommendation is attached. CITY OF ORONO �r �� /SO,O �t�ciC� �1 �- %%� VARIANCE APPLICATION cation F ke$�00 003j� After-the-Fac.00 --------------------------------------------------------------- PROPERTY LOCATION L CITY U: Site Address Lot 63, Tonkaview Gardens /'. /If'�Ar:: Property Identification Number (P.I.D.) 07-117-23 24 0036 Please check one -- Is the property abstract or X torrens? (#596613) Please attach legal descript un to application if not included on required survey. -------------------------------------------------------------------------- A.PPLICANT home - 861-2456 hus work - 725-5299 Name Richard L. b Diane Hennessy Phon vif work - 726-7852 Mailing Address 7520 Bloomington Ave. S. , Richfield, MN 55423 ---------------------------------------- ---------------------------------- OWNER home - 861-2456 hus work - 725-5299 Name Richard L. b Diane Hennessy Phonsif work - 726-7852 Mailing Address 7520 Bloomington Ave. , Richfield, MN 55423 Date Property Acquired Apr 1971 (month/year) 1100O @1(do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District LR-1B Present Use of Property Residential X other (specify) undeveloped residential ---------------------------------------------- ---------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 90,000.00 Describe request it detail: To have a certified septic company install an approved septic tank and drain field (mound type) per the attachedsite evaluation report with percolation teats. -----------------•--------------------------------------------------------- VARIANCES REQUIRED �X Lot Area Setback Variances ( Other ---- Lot Width Hardcover Front Side Rear) BAP.DSH I P describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: To bring up a sewer line from Wildhurst Trail to our lot wc+uld entail going between 500 and 600 feet, uprooting several large trees which cover the area. Also, lot 56, directly below lot 63 (directly east) is much lower than our lot, with a steep slope from the end of our lot to lot 56. ----------------------------------------------------••--------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: The distance of 500 to 600 feet to bring a sewer line up from lot 56. and the coverage on the land of large trees. The removal of these trees would be a detrimental factor to the area. -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certif ied Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government 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. Plat Map. 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. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayallfeesand/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 ,! i��1 rr� .,�_ , Date OWNERS SIGNATURE The owner hereby acknowledges 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 investigation and verification of this request. Owner's signature /����a� .sC z.. Date ----------------- -7-`'s-r•--'--------------------�---� ---- Applicant must have all submittals into the City officeh 25 days before the Planning Commission Met•tinq. Planning Commission Meetings arc held on the third Monday of each month. Alk- - Opt. IV RUN DATE 09/27/84 HE►NEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 8 BATCH 003 38 07-117-23 23 0020 PROP ADDR OWNER NAME F J CARLEEN ETAL TAXPAYER EARL B NORWOOD NAME/ADDR 1360 VINE PL MOUND MH 55364 38 07-117-23 24 0^^,, PROP ADDR 01231 4ILDHURST TR OWNEf+ NAME JAP'iS M PHELAN ETAL TAXPAYER JA`tES M PHFLAN NAME/ADDR PT 1 BOX 291 MOUND MN 55364 38 07-117-23 24 0031 PROP ADDR 01055 WILDHURST TR OMER NAME F J CARLEEN ETAL TAXPAYER EARL B NORWOOO NAME/ADDR 1360 VINE PL MOUND MN 55364 38 07-117-23 24 0036 PROP ADDR OWHE'4 NAME k A D HFNNESSY TAXPAYER RICHARD L HEN►IESSY W.ME/AOOR 7520 BLOOMINGTON AVE S RICHFIELD MN 55423 38 07-117-23 23 0021 F J CAI-EEN ETAL EARL B NORWOOD 1360 VINE PL ►10UtlD Mtl 55364 38 07-117-23 24 0029 01055 WILDHURST TR H A SCHULTZ ETAL HARVEY A SCHULTZ BOX 282 WILDHURST TRAIL MOUND MN 55364 38 07-117-23 24 0034 F J CARLEEN ETAL EARL B NORWOOD 1360 VINE PL MOUND MN 55364 TOTAL BATCH 003 00010 38 07-117-23 23 0022 F J CARLEEN ETAL EARL B NORWOOD 1360 VINE PL MOLRID MN 55364 38 07-117-23 24 0030 01045 WILDHURST TR rOEANA E NELSON MICHAEL V MC KE►NEY 1045 WILDHURST TRAIL MOUND MN 55364 38 07-117-23 24 0035 F J CARLEEN ETAL EARL B NORWOOD ,1360 VINE PL MOUND MH 55364 I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATIOU AS IT APPE RS THIS DATE ON THE RECORDS OF THE HE►r♦IEPIN COUNTY DEPARTMENT OF PRO TY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE _. r��BY 06 oe wooO VAC t07 Nv2wooD J� . o o )kpp-wooV4t AJOC wood No eloa VAIC- pke7iNesr y ✓Ac CAAPPW-1 Vfkt N o R.woo Me_ kFN� Ey Ll�o v-aE S4LAILAurZ "W$LF , 4 N 6. TC.41 E p.4rE : 9 - 1i- 8S Certificate of Survey fo'r Richard and Diane Hennessy of Lot 63, Tonkaview Gardens IHennepin Gounty, Minnesota . 338!/7 'ineo� 338.4 Go1ens t63.51. -- - -P!9 /,Pin/,�gr Iire AvG• : 99.3 Mv, s • —6-- o • , �p '�nao:droll �-' j�[�r%a. Saa.•s' -/•�;"'- .. .. Asa' •� � s3a i Ln 34 ,c c 94 (13� .' o/ �1• 60 S9 Z. 61 Vv \ 58 G C3y) l fi2/) 57 � 36 414 6.,, 64 d L f 63 94 6 r - 5• i 19 .-j 1 1624 s o 52 22 A it r �yi D' llr 1I10 68 l61 I i \,'� 'mot• 5•, C� vbJ 69 I SO 2• vy (v- R.L.S.aAl Ir C LIP• ' •11 �i1J h,0 1. 70 q ` 49 30 �. /4`i.�� �k _ 24 4� v , a^ r' v t+� —�_ I10� , oat// /w 7�1 j � (+�� y . •� 100 0 � 1__`_ o • ter. it If •s F • �► Z9) r� �4 T MG %P PTo ITOI djo Co '1 � /� ` ��, l•L� � 7 l/l 1 l r � � I N M9. SEC. T , T. //i left /.: • to. 1 .... � - ...1 S1 I COUN11 i10Ao :.Nf•. ••'NO MJF-d110NCN-• _. _... _� -- =.i qp._ fell• ,. ' 'io � I�R4PERf Y�; UNDE�2 CDNSI DE�2�lT/D/a,,i46 '.' ..�:, Fv /NsrAtL Avw0 DF r.. � V A . • • • . 1: �, p H,GHV,(w : LANE -- 1 1. .. r•ri T� to 34 T-JYto)Well— - --�' -•. �•\- �'�. -{ t . '-•1 It 16 3. • • is L �' (. ' •; 71Oki V 1' .• 1' • • N `/ Not FC ir, to 1.•, ♦ > (�; r :S ''IRIOA0Ile ..:. Nor'• •y. !A ' . 24t� ,. ,, . *.ems , � '�, �•' _ t Point •�� ..�, r� � 4. city of OR ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 6 (A) (3) FILE #925 WHEREAS, Richard and Diane Hennessy (hereinafter "the applicant") is owner of the property located at 4670 Tonkaview Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 63, Tonkaview Gardens, Hennepin County, Minnesota (here- inafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 6 (A)(3) to permit the construction of a single family residence on a lot of area 1.21 acres in the LR-lB zoning district, which lot is not served by municipal sewers. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #925. 2. The property is located in the LR-lB, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 17, 1985, and recommended approval of the proposed variance based upon the following findings: A) The property is located in the LR-lB Single Family Lakeshore Residential Zoning Distric . B) Sewer is not provided to this property although the property is located within Orono's designated sewer service area. C) The costs of providing a municipal sewer lateral to serve this property and the adjacent undeveloped properties has not been determined; the City has no indication when the neighboring properties will be developed. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. D) The property can support primary and alternate mound type septic systems. E) The property can gain access through the undeveloped Garden Lane right-of-way. F) The applicant has demonstrated that he is aware of the potential for sewer to be installed in the area, and is aware that he risks paying for a septic system and a sewer. 4. The City Council has considered this application including the findings and recommendations of the Orono staff and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds th.-t the conditions existing on this property are peculiar to ° and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre- serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Counci 1 hereby grants a variance to the Municipal Zoning Code Section 10.03, Subdivision 6 (A) (3), to permit the construction of a single family residence on a lot of area 1.21 acres in the LR-lB zoning district, which lot is not served by municipal sewers but will be served by a septic system, subject to the following conditions: 1. Applicant shall locate the house such that the house and driveway do not encroach onto the approved drainfield sites. 2. Applicant shall be responsible for the costs of installing an adequately sized culvert in the gully location on undeveloped Garden Lane. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Applicant is responsible for maintaining this access driveway over unimproved Garden Lane. 4. At such time in the future that municipal sewer is provided to the property, applicant shall abandon the septic system and connect to the municipal sewer within the normally required time frames. 5. Payment of park fee in the amount of $350. 6. Payment of standard building permit fees including SAC charge. The sewer unit charge of $225 will not be collected until such time that municipal sewer becomes available to the property. 7. Authorities granted by this variance run with the pro- perty 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 8, 1986). 8. 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. 9. The undersigned applicant and owners have read, under- stood and hereby agree 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. Adopted by the Orono City Council on this 8th day of July, 1985. ATTEST: Dorothy M. Hallin, City Clerk (1) Property Owner Mary C. Butler, Mayor Property Owner 7NFgPTA ss. COUNTY. OF HENNEPIN City of ORONO RESOLUTION OF THE CITY COUNCIL NO. On this _ _ day of 1985 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 1985, before me a Notary Public within and for said County, personally appeared _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 COl.%NIAL N1 VING To: Mayor Butler JUL 81'935 Mark Bernhardson, City Administrator CITE` ���® Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: July 1, 1985 Subject: #926 Judson M. Dayton, 1655 Bohn's Point Road - Conditional Use Permit Zoning District - LR-lB Pertinent Ordinance - Section 10.20, Subdivision 3 (G) Application - Ccnditional Use Permit required for non -rental, second residential unit on property. The residential unit will be a guest apartment located above a detached garage. Total Area - Approximately 2.4 Acres List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey of Tract D, E, F, G, H & I Registered Land Survey 565 Exhibit E - Plat of Dayton's Property Exhibit F - Building Permit for Garage/Guest House Exhibit G - Approving Resolution At the time of the building permit application review for a detached garage, the contractor advised that Dayton planned to con- struct a guest apartment within the second floor area of the proposed 28.5 x 36.5 detached garage to be located on 'Tract D (see Exhibit D & E). The applicant had just purchased Tracts D, E, F, G, H and I adjacent to his homestead site, Lot 6, Auditors Subdivision 349. The total area of the combined tracts totaled 34,964 s.f. or 80%. Per Section 10.03, Subdivision 6 (A) (1) the tracts, if combined, would qualify for a single family dwelling use without Council approval. The proposed structure is clearly accessory like in both use and look. If the tracts are not combined with Lot 6 and the detached structure and use not formerly identified as guest house and accessory to a principal use, the substandard property (80% of area) with an existing guest house could be sold as a potential new building site. Section 10.03, Subdivision 6 A,(11 clearly advises that such a property shall not be more intensely developed unless combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of the given zoning district. The building site could never support a second residential unit. There would be no additional vacant lands available for combination. Zoning File 926 Conditional Use Permit Judson M. Dayton 1655 Bohn's Point Road June 11, 1985 Page 2 of 2 The applicant was notified of the City's position. Dayton was advised that all tracts had to he combined with Lot 6 as one building site containing 2.4 acres before a building permit could be issued for the detached garage. Review Exhibit F, the building permit was issued upon complete application for the conditional use permit and with the understanding that no plumbing would be allowed to be installed within the kitchen area or bathroom of the apartment. Planning Commission Recommendation To recommend approval of the conditional use permit application of Judson Dayton finding all standards for guest house use per Section 10.20, Subdivision 3(G) have been satisfied subject to the following conditions: 1. Guest house apartment may never be rented, but is for the exclusive use of owners, their guests or caretaker. 2. Guest house must have separate sewer connection to municipal sewer line. The enclosed resolution has been drafted per the recommendation of the Planning Commission (Exhibit G). �Qw` .zG -i- r 60 �- ,Iris /p0 ,A CITY OF ORONO GENERALLAND USE APPLICATION #9 6 ---------------------------------------------------------------------------- PROPERTY LOCATION Site Address!,/tiJk A-1 Property Identification Number (P. I. D. 7— 9-2 Please check one - Is the prope.ty abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name _S ULCn) 4 -39 -I % c"Al Phone 401 37-Y- R 5L 3 �N y 7,1- ZyEy Mailing Address /6's pr""/ I'd h;lVZ'g --- OWNER --------------------- Name �1 ii�SC�h% /J'). l�/; f 7(.'i1/� Phone �1.�) 3 7-f� -.,i 5 �•3 �/� 1 7/ -ZAI Mailing Address /(-,`, ( �`�NS �f- ,its!✓ lG�/iy7�4�/� J 5 S -5nI Date Property Acquired (month/year) I (de) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FE'ES - CONDITIONAI. USE PERMITS $100.00 0) Residential accessory Us(_ $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (91 1, filling) PRD/PID -- see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning $200.00 Appeals Othet - sec• fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ------------------------------------------------ -------------------------- DESCRIPTION OF REQUEST Describe`/ request in detail: (1 4LI1,2d I del Ht X /I r min -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes ( f10) pre -addressed toeach of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. ------------- -------------------------------------------------------------- The Applicant and Property Owner must sign this application. : ­:e remember that your appl.4.cation is not complete if the above informatic as not been included. --------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to payallfeesand/or unusual expenses incurred in reviewof this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature f ('`r 4 Date S lb)LY5 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further duthorizcs reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature ti' 7;1 i a Date 1- 1 -----------------------'--------------------------------------------------- Applicant must have a17 iubmitta1s into the City offices 25 days before the Planning Commission Meeti,ig. Planning Commission Meetings are h,,ld on the third Nc nday of each month. do In RUN DATE 0N/20/85 BATCH 001 38 08-117-23 44 0012 PROP ADOR 01595 BOHNS POINT RD OWNER NAME GERARD BLOHOR►1 TAXPAYER GERARD BLOHORN NAME/.ADDR 1595 BOHN'S POINT RD ORONO MN 55391 38 16-117-23 22 0002 PROP ADDR 01640 BOHNS POINT RD OWNER NAME 0 A D DUNLAP TAXPAYER DAVID J A DIA►1E J DUNLAP NAME/ADDR 1640 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 OOOS PROP ADDR 0172S BOHNS POINT RD OWNER NAME T A J FELDMANN TAXPAYER TERRY A JULIE FELDMA►N NAME/ADDR 1725 BOHNS POINT ROAD WAYZATA MN 55391 38 17-117-23 11 0003 PkOP ADDR 01625 BOHNS POINT RD OWNER NAME 0 T TROWBRIDGE ETAL TAXPAYER D T TPOI%SRIDG- NAME/ADDR 1625 BOHNS POI►FT RD WAYZATA MN 55391 36 17-117-23 11 0006 PROP ADDR 01615 BOHNS POINT RD OWNER NAME DOUGLAS W LOHMAR A WIFE TAXPAYER DOUGLAS W LOHMAR NAME/ADDR 1635 BOHNS PT RD OPO►40 MN 55391 38 17-117-23 11 0009 PROP ADOR OWNER NAME J M DAYTON A E J DAYTON TAXPAYER JUDSON M DAYTON NAME/ADDR 1655 BOHN'S POINT ROAD ORONO MN 55323 HENNEPIN COLRITY PROPERTY INFOPMATIO14 SYSTEM PROPERTY OWNERS LIST 38 09-117-23 33 0008 01580 BOHNS POINT RD BETTY A ROGER SWA►]STROM ROGER D SWANSTROM 1580 BOHNS PT RD WAYZATA MN 55391 38 16-117-23 22 0003 01700 BOHNS POI►]T RD R A C OWE►IS ROBERT H OWE►IS 1700 BOHNS POINT J WAYZATA M1 55391 38 17-117-23 11 0001 01665 BOHNS POINT RD T DENNY SANFORD ET AL T DENNY SANFORD 201 OLD MILL POND RD PALM HARBOR FL 33563 38 17-117-23 It 0004 0 A S ANOERSON ET AL TOM E SWEEN 1600 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0007 01645 BOHNS POINT RD D A M FOX DAVID K A MARGENE FOX lb4S DOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0010 J M DAYTON A E J DAYTON JUOSDN M DAYTON 1655 BOHN'S POINT ROAD ORONO MN 55323 PORT NO. PI435401 PAGE I 38 16-117-23 22 0001 01600 BOHNS POI►1T RD JOSEPH C THOMASON A WIFE THOMAS A CO►NIE SWEEN 1600 BOHNS POI►1T ROAD ORONO MN 55391 38 16-117-23 22 0004 01720 BCHNS POINT RD D A S ANDERSCN ET AL D A S ANDERSO►1 1720 DOHNS POINT ROAD WAYZATA MN 55391 38 17-117-23 11 00 01655 BOHNS POINT RD J DAYTON A E DAYTON J M DAYTON A E J DAYTON 1655 B011►1S POINT RD WAYZATA M1 55391 38 17-117-23 1l 0005 KRUTZIG CUSTOM HOMES INC KRUTZIG CUSTOM HOMES INC 410 FERNDALE RD PLYMOUTH MN 55447 38 17-117-23 11 0008 J M DAYTON A E J DA►TON JUDSON 11 DAYTON 1655 C•01IN'S POINT ROAD ORONO MI 55323 38 17-117-23 11 0011 J M DAYTON A E J DAYTON JUDSON M DAYTON 1655 BOHN'S POINT ROAD OPONO MN 55323 v f� RUN DATE 05/20/85 BATCH 001 38 17-117-23 11 0012 PROP ADDR OWNER NAME J M DAYTON A E J DAYTO14 TAYPAYER JLIDSON M DAYTON NAME/ADDR 1655 BOHN'S POI11T ROAD ORONO MN 55323 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 11 0013 J M DAYTON & E J DAYTON JUDSON M DAYTON 1655 BOHN'S POINT ROAD OR0140 M11 55323 TOTAL BATCH REPORT NO. PI435401 PAGE 2 001 00020 #926 I CERTIFY THAT THE FACTS REPPESE141ED ARE A1/ ACCURATE AND TRUE FEPRESENTATION OF INFORMATION AS I APPEARS THIS DATE ON T E RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, T THE BEST OF MY KNOWLEDGE AND BELIEF. DATE 3 41�- 'BY 11 yd0r �r. Slim 62-) f h mil �,i -t> •.�, Lot l.40 sixJN 1 1. T of \ : M t2 Oo{� _ r i'�t-? W �i �y VILLAGE OF OROhO ~' Gov't Lot 2 Lot 3 i Certific,te o: Survey for Judson /1. Dayton of Tracts D, E and F, KegistcreJ Land Survey No 565 l/ennep;n County, !Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of Tracts D, E and F, Registered land Survey No. 565, files of Registrar of Titles. County of Hennepin, the location of all existing buildings, if any, thereon, and the proposed location of a proposed building. It does not purport to show any other improvements or encroachments. COFFIN a GRONBERG, INC. Scale. I inch - 50 feet ��-,�1 �.,i: r. %• 'i Date : April 19, 1985Mark S. Gronberg Reg.dio. 12755 o Iron marker Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 13. ILI 3`� 5 2 4 6. ti 3. `i pj 0 v Joao +'51'4T' I IP L CITY of ORONO F Building Permit PERMIT NO. 5629 AND APPLICATION FOR CERTIFICATE OF OCCUPANCY DATE ISSUED-S- P.O. BOX 66, CRYSTAL BAY, MN 55323 473.7357 ZONING DISTRICT FIRE DEPARTMENT POST OFFICE VAR DATE COND USE DATE LOT AREA WIDTH E H PROPOSED AC S. FRON SIDE RE SIDE LAKE WETLANDS ACCESS NEW EXISTING AGENCY•APPROV. DATE CITY COUNTY STATE PRIVATE EASEMENT REMARKS SITE ADDRESS 6t,/ 1J 441rl D PROPERTY IDENTIFICATION NO (PIDI LOT BLOCK SUBDIVISION OWNER (Name)/+, I (Address) (Phone) ARCHITECT/ENGINEER - Must rtlly Multi -Family. Commercial & Industrial Construction`151ans (Firm) (Address) (Phone) BUILDER (Firm) (Address) �,f% iPhonet TYPE OF-WOFF - e'-_NewT Addition Remode Renovate ICONST. TYPES BUILDING SIZE L. W HI 16 OCCUPANCY CLASSIFICATION DWELL. STORIES B 1 2 3 UNITS GAR STALLS I NUMBER OF BEDROOMS ATT DET.'�� SEPTIC APP DATE PROPOSED USE COUNCIL APP DATE INSPECTION REQUIRED WORK REQUIRING SEPARATE PERMITS ...FOOTING before pour �_�/ ' LG .... FRAMING tough -in PLUMBING (� Fz.... INSULATION MECHANICAL ... WALLBOARD before taping WELL ❑ ...... FINAL Delore occupancy ....... CJ ...... SITE INSPECTION SEPTIC ❑ WORK BEYOND OR WITHOUT A RE. SEWER ❑ OUIRED INSPECTION WILL BE SUB WATER ❑ JECT TO PENALTY GRADING 6 f ILL ING ❑ NSPECTIONS MUST BE CALLED IN 24 HCrJRS IN ADVANCE FIRE ❑ Estimated Construction Valuation PERMIT FEES BLDG. PERMIT !lL STATE FEE trU PLAN REVIEW 9 !!� SAC CHARGE�� SEWER UNIT PARK FEE PENALTY L)I H E F: ------ — - -- / IOTAI DUE / 1 �S STD ACKNOWLEDGEMENT THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED AND DECLARES UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT- ANCE OF ALL INFORMATION, CONDITIONS AND REQUIRE- MENTS REPRESENTED ON THIS DOCUMENT THE UNDER. SIGNED FURTHER AGREES TO 00 ALL WORK IN STRICT COM PLIANCE WITH ALL CIT\ OF ORONO ORDINANCES AND STATE OF$OTA U!I DIfJG,+: C[)E RE UUIHE ME NTti le� Signature Vci �L.,IL� r1% COPY WMIC FILE GREEN FINANCt CANARY-INSPEF;TON GOLD RECEIPT PINK ASSE5S014ore 1•�'J '� Crh of Orono L rao..., ny a w. G Lu Mrlr.:•. I (; ,C v" r �L.` W.Y_�/ City. of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE NO. 926 WHEREAS, Judson M. Dayton (hereinafter "the applicant") is the owner of the property located at 1655 Bohn's Point Road within the City of Orono (hereafter "City") and legally descril­-,d as follows: Lot 6, Auditors Subdivison 349, Tracts D, E, F, G, H & I Registered Land Survey No. 565 WHEREAS, the applicant has applied to the City for a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit a guest apartment within a newly constructed detached garage. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File No. 926. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zonit►g District. 3. On June 17, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that the application met the intent of Section 10.20, Subdivision 3 (G) of the zoning code and the compre- hensive intent of the single family lakeshore residential district. 4. The City Council has considered this application in- cluding the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. Page 1 of 3 City of OR ONO RESOLUTION OF THE CITY COUNCIL �'0. 5. The City Council finds that granting a Conditional Use Permit to allow the guest apartment to be constructed within the detached garage structure 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 the proposed level of use of the property will be in keeping with the intent and objec- tives of the Zoning Code and Comprehensive Plan of the City. CONCULSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit a guest apartment within the detached garage on the property, subject to the following conditions: 1. Guest apartment located within the second f loor of the detached garage may never be rented, but is for the ex- clusive use -f owners, their guests or their employees. 2. The guest apartment must be served by an independent sewer connection to the municipal line. 3. Violation of or non-compliance with any of the items 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. undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of July, 1985. ATTEST: Dorothy M. 1lallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of 1985 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 3 of 3 I cotof t-'I��i ETING TO: City Council FROM: Jeanne A. Mabusth, building & Zoning Administra br 81' DATE: July 5, 1985 CITY OF OR ON® SUBJECT: #930 Jim Shaver, 1.080 Ferndale West - Variance Zoning District - LR-lA Pertinent Ordinances - Section 10.21, Subdivision 2 - Lakeshore Hardcover, Section 10.23 Subdivision 6B rear setback, Section 10.55, Subdivision 15(A)(2) - Minimum Lot Area Requirements List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Applicant's hardcover review Exhibit E - Resolution #1181 Exhibit F - Survey 4-4-85 Exhibit G - Bagley Letter 6-13-85 Exhibit H - Site Plan Exhibit I - Resolution Comments concerning hardcover facts reviewed by applicant (Section 10.21, Subdivision 2). The applicant has included only the area of dry buildable for hardcover credit. Section 10.21, Subdivision 2, does not exclude wetlands areas in determination of allowed hardcover. If you merely considered an allowance of 25% for the total lot area at 184,000 square feet, the property would receive hardcover credit of 47,000 square feet. The majority of the drainage from the development of the lot will drain to the wetlands not the lake. The wetlands also serves as a retention basin for much of the surrounding development. The severe limitations placed upon the dry buildable portions of this property within tY "ined building envelope will limit development. Comments _rning minimum lot area requirements (Section 10.55, Subdivision 15 A, 2) This section states that under no condition shall a property be considered a buildable lot if it falls under 1/2 acre of dry contiguous lands. The property contains 20,700 square feet not 21,780 square feet as the ordinance would require. In 1980, staff drafted resolution 41181 (See Exhibit E) providing sanitary sewer to the subject property, incorrectly f inding the property to contain .6 acres of dry contiguous land instead of .49 acres. Staff's findings were made from mere visual observations of the site. It has been only in recent months after a survey had been made of the building envelope did ' #930 Shaver Pare 2 July 5, 1985 we actually learn of the actual location of the wetland and the newly defined building envelope. The resolution further states that the lot is "not buildable without one or more variancf,L; from the existing zoning code". The resolution also finds that if the lot was developed per all performance standards that it would be in keeping with the intent of the Community Management Plan. Planning Commission did not formally address the need to grant a variance to Section 10.55, Subdivision i� A, 2 but did in their discussion of the application make the necessary findings to grant the variance. Note the following suggested findings: 1 . The City would not require lot area variance review for an LR-IC property if it contained 80% or 17,424 square feet in area (required 21,780 sf). 2. Sewer has been approved for the property --Resolution #1181 should have addressed the need for a variance to this section at the time sewer was approved for the property. In approving sewer to the property, the City in effect deemed the lot buildable. The question of buildability at this stage becomes a moot point. Rear Setback Variance - Section 10.23, 'ubdivision 6B Required = 50' Proposed = 37' Variance = II' or 16% The applicant cl?,rt=s the dry buildable land or building envelope of this lot is severely restricted making it impossible to locate a moderate ho.ise (approxi -iat- ly 2, 700 sf of building pad) in comparison of s.. rounding West Ferndait. neighborhood and meet required setbacks. The total dry buildable is 20,700 square feet or not quite a half -acre and the building envelope is designated with two acre lot setback standards. There is no doubt that i, house could be placed within this building envelope without the need of setbacks. The most affected neighbor to the north has no problem with the variance setback and approved of the project (confirmed by -, meeting with staff at the office.) The Planning Commission approved the rear setback variance application of Jim Shaver based on the following findings and hardships: 1. The dry buildable area is less than a 112 e, but subject to two acre setback standards. r #930 Shaver Page 3 July 5, 1985 2. The majority of the lot is a 2 l/L cre wetlands that serves as a retention area for surrounding neighborhood. 3. Sewer is available to the property. 4. The proposed house is consistent with older developed lots on north side of load where majority of lots also have extensive wetlands and restricted building envelopes. 5. An error was mad _he original resolutio. approving sewer for this s_L, .,.cause the area calculations were incorrect. 6. Variance will not cause most affected owner any problems and most affected owner has been shown the proposal. The enclosed resolution ha:-. been drafted per the Planning Commission's recommendation. - 17 � `� �' �•.. � ` t? l (i'._ . t (, � 71 � , C CITY OF ORONO - VARIANCE APPLICATION`/t Initial Application Fee $150.00 $50.00 per each Adi tlonal farojf•cti After -the -Fact Fees ------------------------------------------------------------------- PROPERTY LOCATION Site Address V4-11/-LJ-'}J-vvvI Property Identification Number (P.I.D.) 02-117-23-43-0011 Please check one -- is the property X abstract or torrens? Please attach legal description to application if not included on required survey. ----------------------------------------------------------------------------- APPLICANT Shaver Corp. of Wayzata Name Jim Shaver Phone 473-7391 Nailing Address 259 E. Lake St. , Wayzata ------ ----------------------------------------------------------------- OWNER Lakeville Elevator Co. Name Harold H. Tearse Phone 341-3600 Mailing Address P.O. Box 15105, Minneapolis, Mn. 55415 Date Property Acquired July 15, 1981 (month/year) I OOM (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District L.R.-lA Present Use of Property REs4dential vacant Other (specify) ---------------------------------------------------------------- --------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 200,000 Describe request in detail: rear yard setback from 50' to 37' hard cover coverage from 26.17. to 0 VARIANC'F.s REQUIRED Lot Area Lot W i u h X Hardcover Setback Variances ( Front Sic.. X Rear) Other ----------------------------------------------------- (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: The high percentage of wetlands to dry, buildable land of this unique lot creates undue design difficulties without consideration to variances and the existence of available sewer. -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual pr,)i.)erty conditions preventing compliance with Zoning Code Requirements: see above REQUIRED SUBMITTALS 1. Completed Application Form. �2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (1 10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. ---------------------------------------------------------------------- Applicant and Property Owner must sign this application. Please remember 'gat your variance application is not complete if the above information has not &,een included. APPLICANT'S SIGNATURE: The applicant hereby agrees to provide all information required or requested by the Zoning Administrator agreesto pay all fees /or unusual expenses incurred in :review of this applica on, and certifiese information supplied is true and correct to the bestkf his/he�nowl Applicant's signature enl fly J.1 Date 5/23/85 OWNERS SIGNATURE / Ires., Shaver Corp. of Wayzata The owner hereby a2-cfiowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council m7��_ er ;,or-purp ses of investigation and verification o this re nest. I�,`L� — ' Owner's signature ,. Date 5/23/85 _ v Lakei le Eleva G6r o. -------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days Before the Planning Commission Mecting. Planning ^r•mmission Meetings are held on the third Monday of each month. RUN DATE 05/23/85 BATCH 002 38 02-117-23 42 0008 PROP ADDR OW14ER NAME WOODHILL COUNTRY CLUB M TAXPAYER WOODHILL CNTRY CLUB NAME/ADDR 200 WOODHILL RD WAYZATA MN 55391 38 02-117-23 43 0002 �... PROP ADDR 01070 FERNDALE RD W OWNER NAME GOODRICH LOWRY ETAL r� TAXPAYER GOODRICH LOWRY —� NAME/ADDR 1070 W FERNDALE RD �j. WAYZATA MN 55391 �W 38 02-117-23 43 0006 PROP ADDR OWNER NAME GOODRICH LOWRY ETAL TAXPAYER GOODRICH LOWRY NAME/ADDR 1070 W FERNDALE RD WAYZATA MN 55391 38 02-117-23 43 0011 PROP ADOR OWNER NAME LAK.EVILLE ELEVATOR CO TAXPAYER LAKEVILLE ELEVATOR CO NAME/ADDR 710 GRAIN EYCHANGE P 0 BOX 15105 MPLS fII1 55415 38 02-117-23 43 0022 PROP ADDR 01055 FERNUALE RD W OWNER NAME 000 K ROVICK ETAL TAXPAYER ODD K ROVICK NAME/ADDR 1055 W FERNDALE ROAD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST RFPORT NO. PI435401 PAGE 4 38 02-117-23 42 0009 38 02-117-23 43 0001 THE NATURE CONSERVANCY THE NATURE CONSERVANCY THE NATURE CONSERVANCY' THE NATURE COIJSCRVAHCY 328 E HENNEPIN AVE 328 E HENNNEPIN AVE MPLS MN 55414 MPLS MN 55414 #93 0 38 02-117-23 43 0004 38 02-117-23 43 0005 GOODRICH LOWRY ETAL HENRY M SK.ARP GOODRICH LOWRY HENRY M SKARP 1070 W FERNDALE RD 1045 W FERNDALE RU WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 43 0007 LAKEVILLE ELEVATOR CO LAKEVVILLE ELEVATOR CO 710 GRAIN EXCHANGE P 0 BOX 15105 MPLS MN 55415 38 02-117-23 43 0016 01105 FERNUALE RD W R ALPH C BAGLEY RALPH C BAGLEY 1105 FERNDALE RD W WAYZATA MH 55391 38 02-117-23 43 0023 01095 FERNDALE RD W B t K FOX B C i K,ATHERINC M FOX 1095 W FERNUALE RU WAYZATA MN 55391 38 02-117-23 43 0008 WOODHILL COUNTRY CLUB WOODHILL CNTRY CLUB 200 WOODHILL RD 14AYZATA MN 55391 38 02-117-23 43 0021 01065 FERNDALE RD W R d C LINDSTROM RICHARD L LItIDSTROM 1065 W FEPHDALE RD WAYZATA HN 5,391 TOTAL BATCH 002 C0014 RUN DATE 05/23/85 HfWiLPIN COUNTY PROPEPTi IWORIt1TION SYSTEM Pi�,c, r NO. PI435,401 PROPERTY OWNERS LIST PAGE 5 BATCH 002 #9.,30 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 TAXATION9 TO THE BEST OF MY KNOWLEDGE AND BELIEF` dC j / DATE $fi y f c f '+" J 170 _ t a v \�-NH'ilf 1 lye 7 4 o' � Y•. f 141 It 4 IT ID i ' ��,t :R•tSo 8 •I'21/ 'e•�or 1 1 �' •� I � I E s I ui —i I V c I YC �0��. f "• IN ,,I 6 • f •t f �I Ie17 nlof to to I W 9 *r) sa N \ / Q cr QO S•.�' Port of Lot t � �'\ / ice" , • tc. .....� % � `D \eA l(` 1 t,ppioi orQlnal � � JN �tt • j sr+ore Ime ouord to for ofdplot f R� • � Qom. t ; 1 � ? Q LAKESHORE SETBACK ZONE ORONO HARDCOVER CALCULATION WORKSHEET; 4006� 0 C. Existing E. Proposed B. Existing hardcover D. Proposed hardcover F. Allowed hardcover hardcover hardcover in zone percentage in zone percentage percentage ( {is;A) x 1001 ( (D-A) x 1001 �1 0-750 sf 0 sf 0 sf 0 0/11 0 ^/o Ij 75-250' 7,850 sf 0 sf 0 /„ 375 sf 4.8 % 25 250-500' 12,868 sf 0 sf 0 _ 6,884 _sf 53.5 'Y 30 500-1000 , 0 sf 0 sf 0 �/� 0 sf 0 �/0 35 Totals 20,718 0 0 7,259 38 % 28.1% (weighted avergages from above) Directions: A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a conc :rent removal of existing hardcover matches the additional ?:ardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessa.y. A. Existing lot area in zone RECOLUTtuIJ OF THE CITY COU,'.*CIL r.7. 1101 DETI✓t'.l-IIIIING Tl:!.,`i` 1Y'ii. ril E unca ViYL1, LE ri;. j C=a TJ \f�C£.S?� rt'� �iir 'd >✓/�rr+.> ,�:� 1.%.r.�i.' r�l:::u.^ram r_�.� >.r<d�:.� t� G:;�.�Ee:•::� c;� LIT G, GGI i` I £L:Zii CTkU C' F.C%ip L.f.I:_: V�tIL'r.Iv►G, the City of Gr:cno in c Gt: s`Iited and .cristinci unc.cr the lcuc of L-11e of tarn--C=4;^.; r-0 Scucr Project CC-! %mr, CJ t•[zn City to c oLva cxisting on-sitc :ow gc trcctncnt- probl(:Ds in tL3 I:£llt'.GtG :ll L1t:��G �'. GL• re.-ndalc area, within which the fullowing lcgclly deceriL:.J property is located: P113SO 02-117-•23-0007 That part of Lot G, North :,i:_ro CotL•c,o f:crc:, lying nortl:,:,:::,tcrly of a GU:t-,Lcjh',- lir:c r U- ICI vita tlzZ) cxtrcfic ,outhcactcrly line GL L' oG o in the northcastcrly lir c of Lc:.c3 lot o E-4 --l:G.:.CQ GO ft. riortkiwcutorly Lic:a Lliu PIUSO 02-117-23-0011 ._. The nortlicatr;terly 25 fcek.: of tlm 25 fcot Gf Lot 9 1JOrth Shore Cottt:cjo Jxren Lcl.c lUnnctonl:a; and VJ[LrEAG, 6r.id parcel in under single ceparoto e:..,^-rchip not ouncd in cc: on wilvic rsy otl.cr LL-utUng or b--,=by proportica; er:d V:I2-r.uS, all r.c2jr-ccnt lots r.rc occLtiicd or aro conridcrcl as 4usirnated wctland3; and VnjEr,EI.G, the total area of ti.c pc rccz is trpro::Lntely 3.0 ccrea, of which rrVro::i:.-:tcly 0. G ccreo is c:L-�,� LniZc�cVle Io-.:] cccorcliuc� to all infon.:atic.0 tl.�• C°ty taco to tl:o c:sictir.g toeing mqulation rccluiving 2.0 acrco por LuiiC:i ug cite; c::J coid pawed is t.::t- L:2t1CC-:lo With.)= oZo G_ G-o::o Variances i•L'eJ f-ho euioting 1:onU cj c_-O cr••'U10 c_z C.o rorcol' if c-CCino LCGc:.unci to 0.1 ..c*._a..c1 Lj cc::tur-L- to tl.c: � ititcat of! LI:o c G:�::_�a:.Ly [:�.c.;;c_ :.� L ti t_::; ....� CCLICL`C try LL Z ACO c::,.Ad c�I_o tL� r arc.:1 ulI)uilc;ct,lc 1.:::G :L0 Gf iF�G�:: �'iC2Gt::: LC . _I tU [:LG',7:C:0 tG:: I.;,uCO, tiJil, Qr-J primLry w.d futu-.0 CL14ic uyctc.=i eels] tltiiaa:l.�,, r_.. .. �: 11 Ln L•� u.': � r ulc; iu cl..� L'trc-:L• o:: i S�,i:C-at -c: �y ;JdjbCCIlt to tllc l,rul.c,s.t:y uj.wi project GO--1, Clicry Of (DR(0r,1(D) RCCOLUTIOW OF TWC CITY COUNXIL NO. TNEMSOM, LE IT rZSOLVED, tJ 'tLa City Co=cil cr U13 City oil Orcno that it is rc%ccncb1c to pr`:vi4o Cz-Unr ccrvico to tho pre;zirty so au to prcccrvc a cuLztcnt•ij,�il pro�;crty richt. of the Scu;.r corvice will be proviCxd to alto tLe,.csty, hc; :cvcr, providing this ecwcr cr �icc rocs not in itcclr ccac;:itct"o rrcr.L:sy ci uy zonind varianc:.s wh —.1, way be rcquirc;] now ea in tiro CcLcre to crr=it conctrL'ction as tlzc -c:` which vari`stccs if crplicJ for chcU 1:3 revicwcJ on tl;cir os.i =rito L;1:! Cirt:UM5L'a;.nCO3 at L-Wat Lim:). Adopted by the City Council of tltc City of Orono on the 11 Allg , 1900. . f Wilfiain : `Lun hest, mayor Y1t� ter T< ISLMS01, City Adwinistrator NI(je 2 of 2 Certificate of Survey #930. for Harold H. Tearse Jr. in Lot 6, North Shore Cottage Acres, Lake Minnetonka Hennepin Cc,anty, Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of that part of Lot 6, North Shore Cottage Acres, Lake Minnetonka, lying Northwesterly of the following described .line: Commencing at the most Easterly corner of said Lot 6; thence Northwesterly along the North- easterly line of said Lot 6 a distance of 40 feet to the point of beginning of line to be described; thence Southwesterly parallel with the Southeasterly line of said Lot 6 to the Southwesterly lint- of said Lot 6 and said line there terminating, and that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, described as follows: Commencing at the Northwest corner of said Lot 9; thence South along Westerly line 25 feet; thence at an angle Southeasterly parallel with Northeasterly line 25 feet; thence at right angles Northeasterly parallel with Westerly line 25 feet to Northeasterly line also being the County Road; thence Northwesterly to point of beginning, and the location of all buildings, if any, thereon. It does not purport to show any other improvements or encroachments. COFFIN & GRONBERG, INC. Lot (o Mark S. Gronberg Reg. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Scale: 1 inch = 100 feet Date : April 4, 1985 0 . Iron marker T SHAVERCORPORATION 259 1;A-t Lake St. • Wayzata, hi 55391 a (612) 473.7391 June 7, 1985 Mr. and Mrs. Ralph C. Bagley 1 105 W. Ferndale Ave. Wayzata, Mn. 55391 Dear Mr. and Mrs. D; a l ey, It has came to my attention that there may be some concern about my recen, application to the City of mono for - certain variances that I feel are necessary to build a house at 1080 W. Ferndale, a lot presently owned by Lakeville Elevator, Company. Specifically, I am requesting two variances: 1) A rear- yard set back variance from 50 feet to 37 feet 2) A lot coverage variance from 30% to approximately 38% The house that I have designed for this lot is intend►ed to appeal to that segment of the market from 55 to 70 ("eri►pty nesters", if you will pardon the use of a hackneyed expression) who would appreciate being on Ferndale Avenue, close to Woodhill and W a, with access to the Lake M � onka fror►r their c k. The house will sell range from f500, 000-550, 0i►ti a►,d will be designed in the m of a contemporary shingle style. I am very confidar. -ny concept for :his particular location, and am exciter. t( ►•t on the project which I feel will be a very positive addi .ors to your neighborh,�_-od. I would be very happy to meet with you in advance of the planning commission meeting of June 17th to answer any specific questions or concerns You might have about me, company or my design. Thank you very much. I hope this le*.ter can be the first step ire a very open and positive pJames. s of cOrtimunicat ion throughout my project. ncerely, T. Shaver s. , Shaver- Corp. I BAGLEY GRAIN CO P. 0. Box 15132 654 Grain Exchan0e Bldy. Minneapolis, MN 55415 Phone (612) 339-9040 - St,It,m _ 6113_`_ 19K `.11C� ,,-cc pe- !"� -zl f')e i Ile .w' t f *• 'tom.. W+� Lc�P�StA- -►oo ,.f• lv � � � .� FXHISIT lift— so- .5y f 9 •(`-.j' ;�� - - - • • - '+ 4.�° 1 ', •.t-,;; ' Lam'' ,. ��- __.- ��' �fic i, . '�'�'. Ft.. t •. � � , � � t ~ . � i�'r , �� ��' .+Y i. Y� Y��i `r:� ' , '� �:. s 11---------- L? a Cite of ORONO RES'(AUTION OF THE CIT' .OUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL 'ZONING CODE SECTION 10.23, SUBDIVISION 6 'B) FILE. #930 WHEREAS, Jim Shaver (hereinafter "the applicant") has an interest in the property loc-,I-Pd at 1080 Fernda- West within the City of Oror- (hereinafter tv") and legall, escribed as follows: That part of Lot 6, North Shore Cottage Acres, L-ke Minnetonka, lying Northwesterly of the following described line: Commencing at the most Easterly corner of said Lot 6; thence Nc :hwes,er` along the Northeasterly line of said Lot 6 a gist feet to the point of beginning of line to be 1 d, hence Southwesterly parallel with the Southeaster a of said Lot 6 to th, Southwesterly line of said Lot said line there termin ing, and that part of Lot 9, Nori.n Shore Cottage Acres, Lake Minnetonka, des- cribed as follows: Commencing at the Northwest corner of said Lot 9; thence South along Wes*-rly line 25 feet; thence at an angle Southeasterly parallL-. with Northeasterly line 25 feet; thence at right angles Northeasterly parallel with Westerly line 25 feet to Northeasterly line also being the County Road; thence Northwestly to point of beginning, (hereinafter "property"); and WHEREAS, the ar�plicant has ap- `ec3 to the City for a va _...,ce to Municipal Zoning Code Sec• i 10.13, Subdivision( (B) to permit the construction of a pi LpaI residence 37 fe, t from the rear lot line instead of the required 50 feet. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This applicat.on was reviewed as Zoning File #9:30 2. The property is lo,,, ited in the LR-lB, Single Family Lakeshore Residential Zoning District. The Orono Planning Commission rvview, ? thit, .application on June 17, ' nk5, and recommended ipproval of t hE: prepor-d variance bas ipon the following findings: Paqt, 1 c.,f 4 City of OR ONO RESOI UTION OF THE CITY COUNCIL NO. A) The contiguous dry buildable area or building envelope is less than 1/2 acre but subject to two acre developement standards. B) The majority of the lot =s a 2 1/2 acre wetlands that serves as a retention a i for surrounding neigh- borhood. C) Sewer service was approved for the property in 1980 and the same codes .are in affect for this review. D) The proposed house is consistent with older developed lots on north side of road where majority of lots also have extensive wetlands and restricted building envelopes. E) An error was made in the original resolution ap- proving sewer for the site because the area cal- culations were incorrect and the code would have deemed the lot unbuildable. F) Most affected owner finds no problem with location of principal location. 4. The City Council ha- -:onsidere, this application including the findings a..j recommendations of the Orono staff and the effect of the proposed variance an the health, safety and welfare of the community. 5. The City Council f i -ds that the conditions existing on this property are pecul . to it and do not apply generally to other property in thi_, zoning district; that grantin lie variance would not adversely affect tray` - cc,;dit, s, light, air nor pose a fire hazard or r danger to neighboring property; would not mer. serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre- serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Ccmprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Corse Section 10.21, :;�jhdi vision 6 (B) to permit. the construction of a p. i n- cipal resit:once 37 feet from the rear lot line instuad. of tho required 50 feat subject to the fcl luw;r,q corl(10 ions: I aqe 2 O` 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. Prior to any land alteration or construction on the site, the builder must provide erosion control along the edge of the wetlands for staff inspection and approval. 2. Authorities granted by this variance i n with the pro- perty 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 8, 1986). 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 applicant and owners have read, under- stood and hereby agree *o the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the r:cording of this resolution in the chain of title of the p.3perty. Adopted by the Oro:,,, City Council on this 8th day of July, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor 1) Property owner roperty owner Page 3 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On t h i $ d a y of 19 8 5 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed thL same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared _ _ known to me to be the persons_)_ described in an_d_who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC )MMIS':�IVN EXPIRES Page 4 of 4 To: From: Date: Mayor Butler, Mark Bernhardson, City Administrator Orono Council Members Jeanne A. Mabusth, Zoning Administrator July 3, 1985 CITI Subject: Issue of Riparian or Dockage Rights For Property Located at 1080 Ferndale West List of Exhibits (Exhibits for review have been furnished by appli- cant's attorney and may be referred to in both staff and attorney's reviews) Exhibit 1 - Current Deed Exhibit 2 - Survey of 4/4/85 Exhibit 3 - Survey of 6/26/85 Exhibit 4 - Plat of North Shore Cottage Acres Exhibit 5A - Bagley Certificate of Title Exhibit 5B - Ritz Certificate of Title Exhibit 5C - Kingman Certificate of Title Exhibit 5D - Garske Certificate of Title Exhibit 6A - RLS 443 Exhibit 6B - RLS 397 Exhibit 6C - RLS 1123 Exhibit 6D - RLS 1350 Exhibit 7 - Tax Statement - P.I.D. 02-117-23 43 0011 Exhibit 8 - Plat Map Exhibit 9 - Copy of Abstract of Riparian Tract Exhibit 10A - Zoning Administrator's Letter 4/28/82 Exhibit 10B - Building Official's Letter 5/34/84 Exhibit 11A - Staff Review of Old Survey Exhibit 11B - Location of Shoreline on Same Survey Review of Riparian Issue Review Exhibits 11A 6 B, staff worked from this survey information at the time of the sewer project. Wetlands were never designated, staff made the routine site inspection approximating the proportion of dry to wet. The directions given to the potential buyer were somewhat misleading. True, the lot was not buildable without sewer. Per Ordinance 10.55, Subdivision 15 A (2): 2. For properties served by municipal sanitary sewer the minimum lot area ffiey be divided ty Flood Fringe lards provided at least one half acre of land not within the protected area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area. 1080 Ferndale West July 3, 1985 Page 2 The subject property would have required zoning variances only if the dry buildable contiguous area fell below .5 acres. The dry conti- guous area of the lot total .49 acres. The standards of the LR-lA zoning district apply - 50 feet front/rear, 30 feet sides. Per the survey on record showing the shoreline at the edge of the road right- of-way, the dock would be permissible based on the following findings: 1. Legal description of property includes part of Lot 9, the riparian tract, divided by the platted road. Typical of many of our lakeshore lots along Shoreline and North Shore Dri e. 2. Dock is classified as an accessory structure, dock could not be contructed until a house was built on the subject property. In May of 1984, staff noted in the violation letter (Exhibit 10B) to current owner that dock appeared to be located on road right-of- way. The updated survey (Exhibit. 3) submitted with the variance application confirms that shoreline is 18.5' from north lot line of riparian tract. The applicant and future owner wants the riparian issue resolved as an addendum to the c»rrent variance application. Please review John J. Taylor's Statement of Fact included with staff's memo. Once again, please note the exhibits referenced in his paper are included in staff's exhibit listing. Brief review Taylor's position of argument: 1. Property .its The owner of the underlying fee title has the right to ut._ze that portior of the dedicated public right- of-way not used by the City. The property is still taxed, the City has ., conde;ned the land under water nor can it use that portion of the property for the dedicated specific road use. 2. Neighbors Concerns The dock is limited by the size of the lot and subject to all LMCD standards for dock construction. The riparian lot would fall under the LMCD's special site provisions as the lot (.- tract was created prior to 2/5/70. The owners would agree to conditions such as gate with lock dev4ces, signage. 3. Fear of Precedent Setting on the Part of the City Establish review criteria - each case to be reviewed on its own merits as follows: a) Title History b) Platting c) Dedication Language Staff would add: d) Taxing Records e) Public Safety IssuF f) Feasibility of Requirement 1080 Ferndale West July 3, 1985 Page 3 1) Interference with use of public property 2) Length of Docks, Etc. Staff Recommendation The Council should not act on this matter until you can be assured of the following: 1. Confirmation from LMCD that dock is permitted and with what limitations. 2. City Attorney to advise on following: a) Any question of negative precedent setting b) Comments or rebutal concerning Taylor's argument c) Property owners rights in relation to unused portion of right-of-way dedicated for specific uses d) Implications of staff's early directives to property owner regarding riparian issue STATEMENT OF FACT AND ARGUMENT IN SUPPORT OF ISSUING BUILDING PERMIT TO SHAVER CORPORATION OF WAYZATA FOR DOCK TO BE CONSTRUCTED ON A PART OF LOT 9, NORTH SHORE COTTAGE ACRES 1. Present owner of Property: Lakeville Elevator Company, a Minnesota corporation See Deed -- Exhibit 1 2. Legal Description of Property: That part of Lot 6, North Shore Cottage Acres, Lake Minnetonka, lying Northwesterly of the following described line: Commencing at the most Easterly corner of said Lot 6; thence Northwesterly along the Northeasterly line of said Lot 6 a distance of 4(feet to the point of beginning of lire to be described; thence Southwesterly parallel with the Southeasterly line of said Lot 6 tc the South- westerly lin of said Lot 6 and saic . ne there terminating. And that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka described as follows: Commencing at the Northwest corner of said Lot 9; thence South along Westerly line 25 feet; thence at an angle Southeasterly parallel with Northeasterly line 25 feet; thence at right ana_les Northeasterly parallel with Westerly .line 25 feet to Northeasterly line also being the County Road; thence Northwesterly to point of beginning. For ease of reference and discussion, the parcel which is a part of Lot 6, and on which a residence will be construri-ed is hereinafter called Parcel A. The parcel which is :, part of Lot 9 is hereinafter called Parcel B. See Deed -- Exhibit 1 3. Physical characteristics of Property: Parcel A is primarily low _id marshy land, with building site on Southeasterly portion. The Ferndale Road right- of-way runs over southwesterly 33 feet of Parcel A. 4 5. Parcel B is partly submerged under the waters of Lake Minnetonka at the 929.4 level of the Gray's Bay Dam. The Ferndale Road right-of-way runs over the Northeasterly 33 feet of Parcel B. Parcel A and Parcel B abut one or another at the center line of the Ferri -ale Road ric;ht-of-way. See Survey -- Exhibit 2 and Survey Sketch --- Exhibit 3. See also Exhibit 4, Flat of North Shore Cottage Acres. Physical Characteristics of Ferndale Right -of -Way: Cente.line of road as actually constructed on the right-of-way is approximately 4 feet north of the centerline of right-of-way. Lake Minnetonka waters encroach onto the South- westerly portion of the right-of-way at this location by approximately 18 feet from the right of way centerline and 22 feet from the centerline of the traveled road. See Survey Sketch -- Exhibit 3. Ownership of Tract B: Notwithstanding the fact that Tract B is partially submerged under the ,,titers of Lake Minnetonka at the elevation maintained by the Gray's Bay Dam at 929.4 NGVD, much of the area within Lots 7, 8 and 9 of North Shore Cottage Acres was dredged out, and the shoreline of Lake Minnetonka in this area as originally platted extended far beyond the present shoreline of today. The nay. r. low water elevation of the lake prior to the Gr. Bay Dam was obviously much lower than 929.4 NGVD. The legal conclusion arising from this fact is that the State of Minnesota did not acquire fee title to the lands which lay above the low water mark of the lake in 18`r- and those titles were passed ?at.ent from , United States Government into private ownership. The original owner of Government Lot 2, Section 2, Township 117, Range 23 out of which North Shore Cottage Acres was platted obtained this fee title to Tract B. The fee title has been passed on by mesne conveyances to Lakeville Elevator Company. See Exhibit 4 -- Plat of North Shore Cottage Acres. This Position is strongly to Torrens Tit- records nearby parcels land: supported by reference relating to the fallowing - 2 - i) Tract A, Registered Lard Survey No. 441; Owner: Ralph C. Bagley See Exhibit 5-A -- Certificate of Title No. 645075 Tract B, Registered :nd Survey No. 522; Owner: Go: d, H.. F •_z and Joyce M. Ritz, husband and , ie See Exhibit 5-B -- Certificate of Title No. 547039; Tract A, Registered Land Survey No. 522; tract B, Regist d Land Survey No. 397; part of Tract C, Rc3istereu Land Survey No. 397; Owner: Henry S. Kirgman, Jr. and Marilyn E. Kingman, husband and wife See Exhibit 5-C -- Certificate of Title No. 600010 ;v) Tract A, Registered Land Survey No. 1123; Owner: George L. Garske and Elizabeth F. Garski, husband and wife See Exhibit 5-D -- Certificate of Title No. 377687 In all cases the Registered Land Surveys on either sip:« of Parcel B and unregistered Lot 8 of North Shork Cottage Acres include areas within the designated tracts surveyed which are presently submerged, and the certificates of title show fee ownership in individuals to all of those tracts, not just the portion above the high water mark. See Exhibit 6 -- Reqistered La-' Sur,�ey Nns. A -- 441 B -- 397 C -- 1123 D -- i 350 In all cases except fov Registered Iand Survey No. :41, the title to the individuals is r.ade expressly subject to ". . . the perpetual paramount right of Vie public to use for the purposes of nav:jatior, or other public purposes all that part of the above described premise,. lying betweer the ordinary }sign waif- nark of brown's - 3 - Bay and the ordino-y low water mark of Brown';: Bay;" See Exhibits 5-B, C and D. For some reason, the State of Minnc*=ota was nF._r served in the Registration proceeding r to Tract A, RLS 441, and so had no opportunity Ft or require a similar clause in that proceed. .t it is clear under current law that the right c„ : public to regulate the use of the waters lying over privately owne lake bed is a paramount right over the private title to those lake beds. 6. The City and County consider Parcel B to be a valuable parcel of land and have consistently through year.: played a value upon it and taxed it as a separate tax parcel. Its current market value according to the 1985 Real Estate Tax Statement is '.,000 ro. Its Tar ID No. is 02-117-23 43 001 1 See Exhibit 7 - Tax Statement. 7. As platted, Pa -el B has legal public ac s t it via a Publicly d-dicated right of way, Fernd,.Ip Road. See Exhibit 4 -- Plat of North Share Cottage Acmes Exhibit 2 -- Survey Exhibit 3 -- Survey Sketch Exhibit 8 -- Half Section Map. 8. The dimensions of Parcel B would permit a :: ,..k be constructed on it un a the provis:.ons of the LaKe Minnetonka Coriservatiou District Ordinances. The dock .;ld not be more thar si igi..ly less than. 25 feet in le.►gth, being the 25+ foot shorel' width of Parcel B. LMCD Ordinance 3.02 Subd. 2. a). r%,)proximately 18 feet of that length would be ove, that c;urt-ion of Parcel B un.'arl,ying the platted Ferndale Road right of way which is pfesently .ubmerged. A five foot wide dock cculd be accommodated to provide the 10 foot set back trea on either side as required by LMCD Ordinanc- Section �.02, Subd. 2. b). Howev�L,, the LMCD Ordinances also makes provision for special sites n exi.cence on February 5, 1970. LMCD Ordinance 3.02. Subd. 3. b), c ) , d ) and e ) . Par el B was cre-' ' by deed —sted September 4, 1945, recorded Sep .- 10, 1945 in 30�° 646 of needs, page :61 . See EA -bit 9 - ropy of Abs• , a:-t - 4 - page -- Entry #62. These provisions may permit an exten- sion to deep water (three feet) and vary set back requirements, if the facts require it. Because the actual shoreline of this Parcel B roughly parallels the North- easterly line of Parcel B, and is uneven while Parcel B is measured along a straight line, such shoreline as measured would exceed 25 feet ;n length, and the dock would qualify for the storage of one watercraft under LMCD Ordinance 3.02, Subd. 9. a). See Exhibit 3 -- Survey Sketch. ARGUMENT: 1. The Issue of Access. Both Parcels A and B have legal access via the platted and dedicated Ferndale Road. The City is entitled to use that dedicated roadway to its full width, if needed, for public travel, utilities, etc., but the City cannot, without going through condem- nation proceedings, eliminate access to a platted, sub- divided, legally taxed parcel of land. The waters of Lake M, )etonka at their present level (and presumably at the .,vel of 929.4 NGVD) flow over a portion of the Ferndale Road right of way?. Although the City has not abandoned or vacated the submerged portion of its right of way, the City is not using it (nor can it reasonably use it) for any purpose for which it was dedicated. The owner of the underlying fee title has the right to utilize that portion of the dedicated public right of way not used by the City in the same minimal way it could use it if the City exercised its rights to its full width, and that is, for access to its fee uwned Parcel B. This right is best and most reasonably implemented by permitting a dock or other access device to be constrL^_ted entirely within the 25 foot width of Parcel B from the actual shoreline out and onto Parcel B within the guidelines of the LMCD Ordinances. The right would, of course, be subject to the City's right by filling or, otherwise to expand the City's actual and permitted right of way use, but as a practical matter, the owner can easily accommodate any such expansion by varying the length of its dock at the shoreline. Neighbors' concerns with respect to public use can be met by requiring a gate with lock devices and signage at the shoreline end of the dock. The existence of a dwelling house on Parcel A and the ability of Parcel B to fit within the LMCD Ordinance provisions based on shoreline location and the dimensions of Parcel B, permit the regulatory require- ments of the State exercised through the LMCD with respect to use of public waters for dockage to be fully met. 2. A Unique Situation. The issue of access to the fee owned, taxed, separately platted and identified, underwater Parcel B makes this situation unique and able to be strictly categorized as non-precedential. Where public right of ways abut or have included within them, the low water elevation of Lake Minnetonka, there will be no private title to which access is required on the lake side of the right of way. If situations occur where private fee title exists within flooded rights of way, or on the lake side of such righ— of way, then each and every case will have to be e,.::mined on its own merits, with careful review and research being made of title histor,, platting, dedication language, and other factors, including, the reasonable expectations of the property owner, before a determination can be made. 3. Expectation and Reliance. Prior to the present owner's acquisition of Parcels A and B, Mr. H. H. Tearse, Jr., the principal officer of the present owner, conferred with the officials of the City of Orono with respect to this fact situation and inquired as to the availability of a dock on Parcel B. Mr. Tearse was assured that as far as the :y was concerned, a permit for dock construc- tion would Lj issued, but the LMCD Ordinances would have to be dealt with. See Exhibit 10-A -- Letter from Zoning Administrator. In 1984, not fully understanding the "principal structure" requirement of the City's ordinances, the present owner constructed a dock on a part of Parcel B, including a part which was within the unused and unusable portion of Ferndale Road which was under water, received the letter attached as Exhibit 10-B citing lack of permits and non-compliance with the principal structure require- ment, and immediately removed the dock structure. The obvious implication of the letter is that the construction of a residence on Parcel A would solve the problem. CONCLUSION: Lakeville Elevator Company now has a prospective purchaser for Parcels A and B who wish to construct a principal structure on Parcel A. The purchaser also wishes the Permit to include permission for a dock on Parcel B and - 6 - on the unused and presently unusable submerged portion of the City right of way on the platted Ferndale Road. The purchaser will be amenable to adjusting the length of the dock at the shoreline and to accommodate future possible City use of its now submerged right of way and to some reasonable method of signage and gates in the dock construction to protect the private nature of the dock. DORS b Wf11 TNF:Y By At tor 2200�Minn 612-3 •v _ John(Pla T lor' eys okes lle le for Company First e Easapolis,nes to 55402 �U,,-2609 - 7 - EXHIBIT 1 f •rlw Vr 1 M-wARRANTv OlID %I.w w. r.l. 1'wlln„w 1 ww vur Rl.w•, IIr7w1 r• n.. r_� r• Ind".G•..I Is! tO 1.4.•..In81.61 "• 4822222 No Jrllnqurnt Ia> rw and trap%vt h•r rr)trrl, ('rrufit vtr / W- 2 43 Z Z 2 Z I., C05.00h of Real r.cate Valur I V1'fll'A I �+wt rrlpturJ U GI Cerllfl."ate of R.-Ail I.Alall• Value No ' I!1 _ I T =APG 2 (tsars cTin. ttltitilit7a ----- -- -XI a / 11unty AuJrtor N ►"� - - 1� L - — IS83AUG 29 GM 11: 26 4822222% i STAE DEED IAX III I.11KREcIX $ _ , , ;,ICWI la T Date b trescn•ed for recording data FOR VAIAIARIJ.CONSIDERAT1U.', Qouglas—m ..§Xarp An"ernitrp J Akarn _hitab rid 1and wife _ _ _ Grantorial. IT.I.1.1 stst„Y hereby comeyIA and warrAntiM to Lakevillg Elevator CgMpAny.. a Minn'aera rl corporation.—__ ___.Grantce(s). reai property 1n Hennepin _—(ounq, Minnesota, described as follows That part of Lot 6, North Shore Cottage Acres, Lake Minnetonka, lying North- westerly of the following described line: Commencing at the most Easterly corner of said Lot 6; thence Northwesterly along the Northeasterly line of said Lot 6 a distance of 40 feet to the point of beginning of line to be i­i.described: thence Southwesterly parallel with the Southeasterly line of said "Lot 6 to the Southwesterly line of said Lot 6 and said line there terminati;Iq. And that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka described as follows: Citmaencing at the Northwest corner of said lot 9; thence South along Westerly line 25 feet; thence at an angle Southeasterly parallel with Northeasterly line 25 feet;thence at right angles Northeasterly parallel with Westerly line 25 feet to Northeasterly line also being the County Roads (continued on back) 1 wa.an.r. nw..rwr tonl ^r.A OK�1 together with all hereditament% and appurtenaneelt hetonarntt thereto, subject to the following exceptions i STATE OF MINNESOTA Y. COUNTY OF Hennepin ) The foregoing Instrument was acknowledged before me this ��! o Au ust 19 83 by Douglas M. Skarp and Bernaece Skarp, hus nd w c NOTARIAL {TAN► ell {!AL (Oa OTM{a TIT:f Oa BANK) {IONA / eta{ON TAKING ACRNO•LapOwxNT A.l l i. Q O r.. {YIAINN h, ta. r.�( anetnaI wwAN 1A aW laww .wt raw.W NENN[HM:a1MTf III.w/ see d .MnN.rOr�t«1 Ilf Cra (a 1tw 4, I M i Lakeville Elevator Company 1254 Grain Exchange Building Minneapolis, MN 55415 THIS I"$TaONl NT WAS DRATTeD BY INANe AND ADDRe{{1 i Allan T. Quello 401 East Lake Street Wayzata, MN 55391 1, it .,. Sty • , 's 4 (Continuation) thence northwesterly to point of bcginninq. r• 5 w 4...•tificatc cf "urvey for Harold H. earse Jr. in Lot 6, North Shore CotteGe Acres, L-tk! Minnetorn , Hennepin County, Minne_,ota I hereby certify that thia is a true and c:rre.t representation of a zurv^y of th ~ound3ric•- that part of Lot 6, North Shore Cottage Acre-, Lake :Unnetonka, lying i:orth,resterly cf the foll3-.:ir3 described line: Co7menci ng at *%te most East _-^1y corner of said Lot 6; then=e i':,rthwest,!^1y along t:.� ,:;rth- easterly line of said Lot 6 a distance of f_-t to the point of beginning of line to be descric=': thence Southwesterly parallel with the_'_utheaster'y _:re of said Lot 6 to the Scuth- esterly line of said _st 6 and said line there termdrEating, and that part of Lot 9, North Shore Cottage Acres, fake iinnetonka, described as follows: Cc%mencirj; at -the corner of said Lot 9; tnerce Scuth along L'Ac::r1y line 25 feet; thence at an ar.g_e Sout!:easterly parallel with Northeasterly lire 25 feet; thence at right arg' es Northeasterly parallel with Westerly line 25 f et to Northeasterly line also being the County Rc_3; thence Northwesterly to point cf beginning, and th.- lccati�n of all buildings, if any, therecr.. It does Fvrf -t to show any other i:r., ro events or encroach- - t z . `rw�n �- Moti f E.tit c.17 ?�� Co►ner .i Lot G .°mac COFF "J A GRC.. =;G, . NC . Mirk S. Cronberg Reg. No. ''755 Gordon R. Coffin Reg. No. EC64 Erj;ineers and Land Surveyc-rs Long Lake. Minnesota Scale: 1 inch _ 100 feet Date : April 4, 1985 0 . Iron marker V. Certificateof Survey for Harold H. Tearse Jr. in Lot 9, North Shore Cottage Acres, Lake Minnetonka Hennepin County, Minnesota I hereby certify th• his a true and correct re- presentation of a !_,vey of the boundaries of that part of Lot 9, North Shore Cottage Acres, Lake Minn- etonka. described as follows: Comencing at the North- west corner of said lot 9; thence South along Westerly lire 25 feet; thence at an angle Southeasterly parallel with Northeasterly line 25 feet; thence at right an- gles Northeasterly parallel with Westerly line 25 feet to Northeasterly line also being the County toad; =` \; thence Northwesterly to point of .beginning, and the location of said tract in relation to the shoreline a �� = _ �•\ nd roadway. 1t does not purport to show any other 15 i rovements or encroachments. / r.-AC Xr �\ COFFIN b GRON3ERG, INC. wr,fe.l /mr s ark S. Gronberg Reg. Gordon R. Coffin Reg. No. 6064 �• Engineers and Land Surveyors '"° 'IA ca fOr, 'r Long Lake, Minnesota -p Scale: 1" = 40' Date : 6-26-85 1684 J'�ORTK 5xORE COT T R G E (w� C l`l 1�... J /ram C J l � �. ►i K £ fVl ► N h1 ¢ T O N X 1i 10NKA YC�.ow ull M...,..� 1 .+• P..a.wC� -�+u ova 8...� 5....► �1eR. �i A... .r 4_ �..... �... 4...►' �+.....� 0....1 �+•j�v f..♦ ., �.1,.. ,•.1•.-.....1 .a.....:a..L 1.....t •F �i.--�. r... �i.r,,.. y.._-. [a •...... �.� 1n+.....+.-�.1 �• t• W.A 1i..0 Awl.w-. �.T it. .7w (�I �4! .�.w (.) jaw-' �.. f,.,-.-a,.a r.( A..+..t�r-- �..� � I!n<i. - Qw,�a J.w.iil, l:.r... (�a "11 ►�rl. � � l���L If .fir 1�.u...a C. CN (t.......� o~• �' �.� �+ K..ii. 81..,-e (7 i1,t.�. Lls.•. $.L w�...-..M�.sr/ .,.a ... �.....�� a...4 r..a a..w•4. t4 t{.. p..aa-. +....-.. ua .1.. .+«.t, w.a ...0 /..-.�.. .I.�w. y 4-... _ i k' t-, s.--�--,..-- C � �k...... 1�( ...1 ty....-.. tt t�, � ! . ♦•--a !. a... a....,.._ � 4 .a. f....� a....-+.� "'^•`'1 h-'• Jdy j ..A........r.a rL. f...'.._.� ».��.._.�.a. .r ...�, ...� {�'ye.--.—a-.7. ! .7..a 7B.q e..f.e-J—L 4.... e, La.s_:. .4,.. .rt ....a aj,,.. l./ia.%• r�� _ • -- JdL— A......-.� .� ..�. tea. <.... e. t...... .{,.....- ,"C �I.~ 1....L t.......�.�. ....._S .�..a. ._._., �., �_...... lt.c ..a 3�.....-.. 4•.- a1�..:.-.•...C.......c.. A --.A .spa. 13 .aa�o..r.i 4off..f....t. ;y...5 .c�....�.r.r.....,�,•a_. ��i...c+ i 4 w - el...-- J t..... .. — A..a..... a 4. a..-t . •a.. _...- atom.. �...�� •— -1L !.e 1— (a) tlJn. x k— i /.c 14 j E...t t- -..` l.c �. �c. �...c ... � ._i .� � ..c �. ,f t� l 1 `. . 4—ft . n b , �.� G.�.... .tp.. .. 414 ►re..t� Kim.-.�,.. L.....�1 r►..�� � \ - ', f. 7liG1YK�. I s"t EXHIBIT S—A CERTIFICATE OF TIT_ No n.5,• _ NU 645 IJIJ � t •.t1 toua/ Me ,•. 1l1�e .11n.tsl Iro. M . 51 Originally rvMi+tdrod too )I.t Ja, of LA. —,I a. D. 195. Sb I... -' 1•.r• f!7016S Sal Il makso;IL °EGISTRATION Calm 0 Ika t Th.l ,t to Comfy that •all t• C. aagl.y oI I. S ternJa {• Muad 606t. Clt• of Yr.rata, Count) of Me1111.•Pin, it4t. of M+nne•.I• I. now the owneritl of an coat* in fee ample if and ,n the following described land tduated .n the Coumfy of Nonnopin and $141 10 of Mnlnes0la, to wd Tract A. lt.Itlit—d Lend Surv.• •.I. fllr. al a.M+.,r n of :it :r•, COunty d M.nn*pin -opt Purr part rebraae4 in Ae,l.t•red land guru.. \o. YOl, anJ Ttacl• .1 and C. Medla.r.d IrnJ Surve. ha. YOl, File- of aad Ulrar of fltivM, County of N.•n0.•y+n. Tract .l, M01.t •rrJ lend Survs• �.+. •-I It tubl*ct to aas..ent. far J11re.ar p.r P.... a. ahwn In d.vd W Tllai .I ae fi•trar of Title., See Inat; pact pI Tract A, aa�l.tered Load S.rr.y too. 16:1 to subject to an .a•1e,•nt for drl.eray p.cpu... a. .hwn In died W.. SO. a ):�.•, file. of WML.t rar PI Tlt l*e; $do Ina ; S.b)•ct to a re60 rratlon of full tl►ar/an rl(ht. etc., ae ah—, in J..d Wc. hu. 011l1:, fit.. of Itaa/strar of Title•; i.. lr.t; SYblocf to the .nwmb--tis. I,*nt and .nu.0tt noted by the m.mor.al undotw-lon o, endor.ed hereon. and wblect It Ih* feliew.n9 r.yhrt or on<umbuncet wb.,teng as pto.,ded in the twenty fourth tecnon of An act conta,niny the iay.ttr4hon of I end on1 the fade th*roioof the General I.wt of the $fel* of Minnesota fo, the y*ai 1905 and the amendment. tho,*of namely 1 lrns Ila•ms w "Oh" ... nq under the law, ., .he .wsnr r,.on e1 .he Un.,.d St.'Ot wh.1h the s,..vro. of rhos ....o ..ono, ,.q.— .o appe., of ,ou11 7 TM L , d any Mi: o�tpcc l alw,tao—i to, wh,ch the land has no, be.n wld at it. dote of the I911-4-14 of I Any I..w 1. 0 p♦r� not e..oed.n� rn,e• Va.,,. when .he,..s actual oa.upar.on of the p,em.wt under rM Na.e 4 AD .*his n pub).. hrph w.yt upon .he I.nd S Jr on r.9h, .l appo•I or nyhl to appear and .onu.l the appl—l— as o allowed by law O The ,.Ih,. of ant person r, pesw.t,on undo, flood o, .out. aa, I., dwd 4— the owne. c ... ,r1rJ.0 •rr o1 7 Anr oW sbd.np mo<hitri— !.on ,ghtt .h.ch may ...it undo. evo— 514 01 to 514 17 Titer Lhar old ■alph C. aaSle• ♦a YI if.. +re ut bS .eat., is narnrd to Mary )i. 11441my u:.J is und.t nu 4u4611:: ^� IN WITNlliS Wr•teliif I h... henww wb.,,,bed my name .d .11—d ,he w.i of on, .Nine • ���� Mn Thiltletn Play of J...... 191- • \♦� s. ion Carl.— 'r f J 40sr,.r .f Lrt„ s In and Iv he C.unty .1 f1.nn.p.n end S, •,• of M.nnew14. �� •�+ MEMORIAL _ of Iftarlf 14SIa4rif1 00 t"'or's 0, Ins 1-0 ""CaIND w IrN Clavocall pr11tN hero to Ar Ac Hie _ o.c. rt+r *,M M o••e or al c.t•••,•or •.ouor e.. .•... ♦.re.• rMrn.e4.I '..' o.. o.. MArr Ni.T_YOae_ ♦ .t _. "� pi nct fort gnat ct.e LM Mec of the .I Urd., n/ .e<aM ea•oMnt cleated ..or a Pt of b'. ,n. - . 1%? '4. 101N7 IONS Tra<t A, su Su ..rl Is. MN We w 0 0ear1i11 t4 food .a 1.1, Al be an ea.eeent fur drlustue, pulp:...• owr the Irllwiq prl a, .st4 11.t-t A, Adtstoc.l "ad S.fo*. up. ••1' Ndln. ins •c Ule spot Swt Mrlr r*•pr .•f •.he 11 lea[ pulp o1 lafu Oat etnaWv AoenN1, then.. -� {ea hee•forl• 14 9he'901 �W.terl, a.f"f of Tract I to sold easl•t.rod Land Servo, cOrl MY.saee:, al.ng the IsortM4s1arie It" of .aid Tract 11. W 1-11. {hen.. 'w.. n*a.t.rl! to the wet �. el rrl♦ cern.f a. Ih. 1: 1.no1 )lip OI land her.- ab,'.a 1*•.fi**4, lMnt* S lh•4.t011. C. the {ro lei al ►.•d l.tn inn .•1 flat oaeewt Nine H •. t l Na atmlt — M4 Mls N i �` EXHIBIT 5-B A42e-Z Al G1111Z5- CERTIFICATE OF TITLE • No v)er i�\n.f•r fn'�'. S)�bL •I-•�•I l�- r^RI •'•r-d 1?" �• - ' A. D. Nls VA— 130 41695 fw 1m REGISTRATION Or1 �rr1/.�aay i. se e1m fits MM e, tltr ed Jay• •:. rrtr, h.: a,e d .,d v f• as 1^moot tr.unt, •f 19CK . Ll 'J•, amem" of lift -eta, scat, rf mrovow•t• ere now dw 6- no a) of mt son" tiwgle Of and N " fallowing deftri►d fend ►*Weft/ w [lies Co•arfy of panne, - •wd s mu of Mssommew fta Beet S, bSlsterd lied 3ar"y lee. Slf, piles of S.ylstrer of titles. amory of 9•nrapir. "Jest, \wrw r, is the f•rlet.al Ntrxma ' right of the f.Altc [• Wes fir the p..r"w• •f Wt •Best, ' pareee•s all tilt fart rf t1e eb w ss crl►d d ese pro1y1ro be we, the oral ra ry high eater writ f lrve's lay a-� Iw motor mr! of mots sr.,w'o Salt lA1er, to a- ess.mant gar owrflsI of eater frem nerve and rrtur•S drai—Se a• them le deed :. .+' v lie'• �, d ties steSletter •f Titles, tat fee• tree sMn ge of motor tr-a *optic ter** as door b 0eqommnt r. (6k)1. •• ' ^' Kvie:rer of titles; (Sec order Oct no. IMSIrI) lttflod to dw tmre n&ramm m, &can mid irtfered mad by do tteommewl w slowrWon or estloastf firswf ^nd -bow as 1e.. ar ArMmAreaaes wA4moww & as reTrWe to Mt• hrMMyJw'AA meows of 'As act torttwn,ng tln r"imew,ew of lyd smt/ do "a dwivow d do dwmrd 6wo and do Yob d Momenta" fr On rr 1901• and tin -- he di tom flare*. taasnfy 1. mom dkbs m A1100 wisi% under lib lees or OR awtroUion ad *AP UNMW ladook .Aid' &' dories of tits mode ,mow mw,- to owso d ,see• .r L 1L Sma d any No to open m 1u vehoch lib lad Ar no A•ae said a tlta deft r Me erW-am of mr i Aing 1w for • pied r ommotig d~ /wm, what ttw . eOeat «egrra r tom resets a rIfte ` `m* a AN aft Is pYt bkommom lire v lad & fits dw d apped m so@ it — st/ cad dw 4ppMsdimo an Y iwt) by lase • `r%oft d uy pnsime r petttis mil ibd w seA- its `lid loft lib wtr al tits now6r d wa, Mee @bm odi rbtamo L tlltt ed Je/-e '%. tits . of do mess of M • U years resapestlwly, are os- .a-, otter aid we tic w f!<mMUty. M t1ARIMi IM• 1 Aare Ae.s.-gat sr•t-fNd ray mate sad tMmd *0 ... -• .. .••+. d& lit .. 1-r etrtA &V at May tell W— A. Sgwmr er! fob. At lie/ few /limo co'--y - / the7 � t i MEA10MU O4;plAM &*AONB l • �11M a nd tYop p"Cb ms r no CmrwtArm or 'rr.A r1141rte •nest*. a �_ rw11�t �+ ra t y Yte so�MrYrte- •eO�e• ••re,�6 .• I.. )e r Me ... � ►tfat 'le' 1 •'e1 MA f lee-q"1Jima 1 as/w; 'Fab1 We • 11rN.ld Mw•gous, • 'f trrtyme•s's and • -s' • ) tear+/ is moll-r of 1; •' Go"" /ei 1, 1M1 - T' Yrry r- lye • Cart+„il- '-• .hoe '. sf. pttctsts wit. r,e too . 'r'or yn�ttt nyw 1 dewyt �ptt u 11a i3 Mr is Iflb 1.35 • all rt�• • tec Is trot s 4-0r,e+. 'cart leis! •• 0y rassoat Met oestftf is, 'toff-er-mo� y , d He•r a. • es parties mesh to ar•ste • ee's esosr♦m s• fell As esa�wr ids. t•• ert7040 Iw♦ras• • %fees to • hey tbe roar or 000, Preis a •f '1s' a/ tr.. e 1 .ea Host s of �.rt Mr a frt 1e' '. -1 ` set s. 'apses als A. awl cite �t'i d 3.,,e+1 ••Ise 0 Mrs/ • �emo1 •e t� -..r .i lose lift 1• tANr • 1.1 of � •6 , ats• -1 e 1 - '• • 1• •.. .. „ pis . pt is 1w 61)11tts of d toot, tuet 120.93 mot •1• •" FYNTATT r—r ate. /s9v t SIX CERTIFICATE OF TITLI • No Sun d� REGISTRATION • iltia 4 ti carfMY Msae Rrr.• 7. K.r.• . ... •.. /' !:. r. .. _._ . ... .. •. , -.n '-c ,. . A,'a•.a, C..,r.t Ik•c,e atn, $u :e :f Kl ..c� •. • •— arotr Oda esertoe(s) of •a eua►e w NO tirnpie Of and in Owe OoRowing dvocrbed {and sowated in Ow Cowry Of tle.tnorm rid feet. of Mweomoea, is wit: I%' :: Tr+c: A. pea!;terel Ln1 S_r.e•, se. r. lac of /e•'s: . Tlt:rr, C:v:, or pe :nepir. idol. Try-•. 3, Nr•.;.r:eni LA%! Surve k. , Y.lrs a' At • .tnr a' Titles, Cosr:ty of Kv%nep:,., an. • Tt sP't c: 'ra-: C 1y16 borttwetterl; of a line 1•tsr.:.•et as Deetm-itr at a pair.: on :he trlrllrrster:.'.:-e - .. 1!•a•t C, 1)1.' .reel. Ibrthear-erly as •.arursd cL-- am,! IlcrC..eater:; line fro,. the -oat 1Nater4 comer or set: Tn,t 1-•uJsasterl 'r. a line tc %J.e ordt^ar .,; wait' sr 3% /nrn'a as: thmeh a point or. u,e tm-rar lire 1-37. a, L•e 0I.,shor acr.rs as n or. astl ala(toternd Lod 3urve ho. . sold point ,*.N: 1J1.Ju fact 1latent •. tnwrse line rm, b fan.,ttt eater! line jr sat: Tnet C, Filed a' Rp;lstrar of Titles. Count; of tietvte;... T $ut:set, ho-e.er L• .ne perpet.nl pamm rt right o' the pu' lie V use for the purpasea YYt..nttd, purposes all that Mrt o' the above fesrr:Del par.lses ',in, .atveen the onlinar• h:pp rater rrrm, poet's me, rI L•. ester as o•' ea:d Srovn'a an , (I* to 1►n 1 Rd : ) $ur; tct to Ar eaaassent 'or .,varrlo.:f water fr.r an -to and nst'ura' lniaage as sho-, In few. :. •. /+. 1 , the Rejelstnr ,f Ta:er, Out free fr:-t Armin.,, of ate:- four ?vatic tar. s; (.;ee O:•lor Doc. the. 9 '�'.9) (a. N — k ee nlr .r. ease-vr.t 'or the rem:it -C sreve at 1 -ther lr•.l a. t. rvn I. leeJ Doc. No. '1.2: :., ,1:, .•.r- =y Tlt;em. ($ae 1•u:) (as to Far : ) :.4 O ett-tr vt:t on e.awltn: .'o, rtgt-c!-w fcr ttr q,rpst of lry:naa a-J e,,rasr to Intl froc he reer or . �l• of aeii . It over the I llolihe Ae:-r!:Od prnper:y: Thal part Tract /, RrRla:eret lent Curve /o. Itaa c• to, Ltr of Tltlea, county ,f IM^_ep1c, bety a strip : f lan1 1% feet !r. vi!U. ani ,., feet 0.1 each atria of a 11ne r- -,r fro • p s1. in toe brtoauterl, line of salA tract, distant L:-J! fee• Southeasterly, tuesuml a1.2n4 salt /ortleuterIj 'rt urr n Northerly aorner ttrren.' to a pain: in UN, Yeaterl, line of sold tract distant 1!7.J; foot southarly, awrmurellin o. fro: tea east %: rtd.erl� caner tt,tn,,f at shorn by Doe,tzent No. C'•,•+J, ►lies ' tiro Itsglstr-- of Titles, (Sx ee tine wKwo israwoe, Um mW :rove. n.Ad by do MRmwW aaW«urr+Mow a -R AO t.d ba�eati od .tile • ee Mo Moues al%e et aria,, . atweaa "661801 a preri/ad in Om mwmW,4wjrlh - dlaw of -Am eat mommorelq *4 egieeratlen a1 lad Mad tA. ill` dtoreeer a/ Ohre Oaaeral law of die foams of Mlww.swa far One roar Is", &W tla ewmst`Rosra thoder, w/wael) 1. hart dhhoa an 0410 066V adw dw kwe a Or OwAd gim Of ttb NrtW beems, whW do down alk Mace as om a mqrhe r for al reomesl i 1*8 %a d aq We a *dial aeaeaaaaae far wYd the Im/ has Rat bed RON me Ose does so Ihm NoWkam d fat`. f. ART ban fr a paled no awoiq Owe Pere wlma am h Rawl eaarpaaan d tab pammi a WWW do Vega. 4. M tw NO ptYa 40,aoya qaR do bed f. feel 00e d Wood an 4% Ir #SP a NW 00"0 do sppkal m an h lowed by ►w. ♦ lha tw d mop pRr In Panamanian ado dad a am~ Ian `ed Oman Ow owaa a/ an onowh a of o4 Iltet pate amid Money•$. Copses Jr. air Ari arr lyn $. [ir,pan an of than apa of S'! t 5� yeah ns;eKln lr, ',I t dos other cad a" under ti alsa'dl:y. 10 p here heaato to valsom ►wl sq a = sae Wasew ales seal d Nev eeeat st vaott d Al,ril I A! _ OF aflfs, $A401011 a nww On war eetsaasnn Rtea or a - Mra er ooWTYerew ou,aaaa '.•'l`! OQr�-Am--- :.J ---1~►-_ I- 1�1fG 1,ab -s i ! Le M'l._ jar ?•+ a.. Apr ti Ig �iersf�t et n i o(6er porer r*%In � Kt of T're, .4 mogtol" at now r swd ler eta Cem,q d wRngb dad L... NO otliwar, AKAWOM or w /aeCeasa a rIM 011fl2Afa Or ante ISOM • •44"km" nrae,Ra M PA." OF i_ �•• o, nforel t� :•late t e •Ctatlon^ I ---- 'Song'.!-T:'ti-. J.• �,,.;:.. G&W., Ma a ts.• n.0 d-I. T 6 rely 4•a ••� ter. - e C. Rid r• (See 1,4%) I_... .._ I��ya��7r i..�....e..c 01. EXHIBIT 5-D J 1 T~f-r ant Imo - I;' r. 71 r..A lr. J1•t cu n. M -.�.. r.l.,. /.• �.. MY 'at' Mn�cs*aa, I R L G I ST RATION '— /.L II/.I k_�"/P���� �/ Oro rn• L Inv ud Lllrrw• 1. Otrsae, nu•e.+d •rr .t f<. u tart. rf not as ta�ato In rtta•tieo, Lot M.. 1110 • ri n,rrc:• !u tr,r Ctty of ,hyut., Canty of ysmsplo and 9Lce c' ✓_- -%ft..iL ...M d a 940 A%sAw*. A,..r ?tact A. Wmaietarvd lard aw-m7 b. ill J, ►llos of Msistnr of Tltlas, Owrty of dsowpia. btivdlnd � moaesaet over ad acmes ww lying fie+ - am lmadiatsly ad,jacmn to the Ld Denis a Fvd for cvr !' c.• ngts frmn moves sad mothrmi dmirads art fro septic Lest, ror :.essrtt of precise• Danis cciew „ ea show to dwd Doe b -a nlw tc ftmgie%t at tMeo. ihJwt, hee rr to Vr paryetmol, psr%A amt rtt+t of vet public to nss for Ls pvpaaae of mo.ls&ttas ar *Uwr T++•__. �-rpases all Ust ph^ of t!e •mow daacriesd prImeisw lying oatveeo the ordlsary Alta motor mort of kvw's by am the ordimory is rter or bald fw'• ly. Alse >Vj%eet L s pmpetal and moc1mo1•a most m"s to br.rd A. t1s.LLa a" rryl J. Oaahia, hushsad and alfe, to .ae - '.rtweay r ado%Ug nandthr7 soear eyetmo. etc. ,oewr part of ee.,.o land, as �•b`oar to sad Doe fs m956, niss of argletrr of "ltlos. !ea 1s .c �~ � .nrrrlM�r�14yefnyt 1Ar!/��w .e.✓.wb'yr.✓ wr�Ay� � wcr�ia��/srs(aAise N �{Y1 � t�►w . ��� �� I / .i/ N .A.tr�/Mt'1►� 1h►�/M�M �f I(1V�h�y.�Wd���rM I� vAg.7.v4'/J.. 149r, '�Oi A-.p/ ,.• 44 46 .4.,..r A .AW Ar*A ..L.,r! / & 4A.A ..,. L .t��tf.a yid er.la:...6 A- .�/Ad.�a �l...A&W w li...r✓.(.rw.4lr A�i.6.tw �/�b.w.y�.. j .ire► .rrtr , W&w .eb. ,rrtlwrMyi.t. vw jeJ& ,d"4 w ... o&d .i r�l. r../j✓r..1�i .�.df..Lwb...nL.ial.w Air.4d Ai 1rw1 r.4 !J /__"_.w/�^�". �lani� irtr/.d .,t�aArlefj%1 ihe%{twe Atv.wer�7/�pwrt.�i�lr.�/.LAi. t ./.�s.wt� feats L derehe ae/ IU -.0 F. 0.lr, srs Z th, eon of 145 A 41 yohn rsspeett wly are -1 d tc e►c_ a/ ace der w ALmobfiaw• ..rf et..s./w ........✓SIG./ do .../ 44 l "r-.date Ay .� say OW 64 fey 9. Alllemo 1MKMOHLOLL QAI Q[Anww ow YwLtwoAtmmAmp /M 7Lt isle rr/x .t71 w 127T1 MAxtro Ar r t t Al rib sss.+sr wor erne0 -dowwo a ' -- dF r..snv:rw AA.OLWr au. —Me rM I-0. O/ . e...,, .. W �. 1i ' ~ Z•1<j.13' CC I" �.,� 1%j K �-- Qom- / W. `a ws moM M ovur c_ r, 463851 ...tam.... SAoer as she.rn on receeJ plat Q� fit r NEIy I.na of Loi 9- i �1 Pre Beef Sf.n. el,ne' •.• s- . •., v ...y. ,{,,'f. spy:-�z �'.' R. 10 - - yr . - • '•..; :.: � T ,,• ;� �` ,� � •a °4 byre f. .::i.rr � t ' -. by Mrtlry.tlrt !s atY.r*Sao sdti 'fin.; �F - •!clot of CM.ter SOtI, IL'mesota stetotti`+ ,•a. J r w . 11 aesalad, I .e sur.eyad the •followlpr'deaer�b�d �w Is the County o Y.mafls amd tM-ytote Vt m msod rert cf Lot Q. short COttsfe r4rJe Lhd7"met& •� `•�� err' /orthveaterly of e, °e doarrfbecf ei fol•�►1i Case t A- %rtheeet.rll llor of n �, !stool 195 teat )ortL►ee, ly gC,Ooza 14 `• t!:er•ofl U-nee South 530 3Et t 1LJ.S fsetl thanes Sot s�FOet, n.:rtf• t,o 0. ]ZI, lidri. 3 Les: 3S feat to • .polo Denilrrtrr rs�srtr•d to aWd A061 faatM' �e oset.s , `�4 tAeare .;out► Glo 1C' Jent to the shore ct 1pke }'lr ys .�a a berinalr4 of Itr line tc !w Tleseritadl tlrnes sort s• !d polrrt brips Wy %gial � ' enntlruln4r north L1c 34' Fwat ICA feet; tteadt by M �t to the aforesaid pilot bA! r\ to a 1.,1a1 1n tie Rorllvusterly lfrr o' wje. lot, dfftsnt 2ii feet xoktpv trr<y (rcb t1x'%w �1- ip of wli lot. fxc lrtlry tt.errfror that fart cf int 9 rierrrlted es fo 1 tf•nnne : efsrneirf it tT's cost liorlfOrly. o"r'ol• p + t, 25 Beet, t dory Lrat�rlr line th��rof 2S feet; thence •t ao nyli South+esbi,F plr.11sl.iUO 1k ato`p sad lot, 2S feat! tAenee et •n %rple ':ortl•ersterlr ij.Zf�' yd BAJA la•. •loo b!nrp the County •o,.C; th.ace I:ortF.eatcrrl!rto •Tolet�of brdilintO seeolrrl AjAr,t2Sthoot to ForthrsgVp �. 11'' ; rerord In the of'tre of th. nerl.••r of le,,ds Jr. and for sold Nenor E-t N �berinittra;rll�:or lellrret.t!nn of entd rrrv.y, i`iz Y• Jaf that the eurrem ehocn Mr�lIip is • ,atr f My 26, l955 S. Kelley, Jr.. 463861.. A 1RLIA), 0 1 Iron Worker r ►„'•' Y• No. 11C2 `. anaNw i FILE, r' 0MC2 CW :�LSTR" OF rms� t ; ,jMNIM COUNTY liMNESM, IOtlr.RT F. 11'1 = j'��' r •` .r1AW061 Owrtn'R* ttr 011W ReQ Nomd LAnd Slrnev he • 1N d IWllrar d •f16% MO* t1 bawk MI f W� Y Nib w• •e ,.'.:�. ,^ �Ci,-� �M d .�rl�f L p 1�SS'�ll� ,. h C• , •, •( t• y4 N ' Tft� '� �r:.. r�rc-•i,�i.�...ilfl i.i.t��i.�." yft .`•� y t•• _ 4r ''.,c'r•�1�,yif} �1 ♦1,(r_T 4. .i•` TI •�l i�y'7�. ' 10 ♦ • 0. • � ! a• • f t �.13 ..� ,!'J1•'w t/r� 7�i ,1. �.'V��f � - ti7 rl J_e�lI3A •3I EXHIBIT 6-B 146757 r �Ml . 46797 REGISTEaEO LAND SUQVEY • �� WenneP n C.o�ln��(, M►nneso}a EC5A.N,FIEL0 9u NowAK �2' q/ / fir' •�: f_n ,r.eer. g �/ / � -i •, fib _ � � Sca � y � �• s <%. tell to he erdrnri Is" watcr marl, an brown s br1 . 1t mt 5---Y*rs Ihcre� tttfi�Y tivl n ., � � (►uplrr 7ai.lAnfelda St ait$ A T50.31 trro+dcd. I hawc ..w'jcd lk 14 " I des— ed f ac+ t W im tg j ca.,� 4 t6"r era -Ida � Nrrv:to+a 6ni )IN F.4 l� r# LA 1, Mdtfars ubiivi M ,,�? tlt,fbrcpn (e�r1�,Y�rtr�fs. and atutf arts and �t�wll %motif. and an t4 C" 4 timl V It . Ws , t Tir d p in rltrtt bj iS osd r} is s� a.t,p,i atininn,+/ a4 !ad 'tad"Part"Wi deafiJ is r J � Y LAI n.., Iftn Nlj kre! *VQ Iflr ht U61tr4 low 4.%aa Lot 1,7rd WXS" NMl rN,00r1Ih*xljU Nh IY " SkAXj1n•wr7. Uh I,"t. \.R � Worth Shwc IOtta�C Ault , !Musa N� artuwl" �*C (VAbr,�v fad last Jcscr.W Cass r Qoad lid-, miersetl�an wjh41 a a; iG1 S A, tcrl 1� r.Shi an51c!. `ron, 'hc 5ounlca-,j,, T Iris 4 k CrCi N.WMM QuIroad Q H A Nal . tcrc.c Swt r-K Jcr! Ca a1k! wqh !ad r� wr.r btf� bdan� ee jtef hurt rom, ade4snce a{ 1Ke5 til. tfienct de�ke� r�>bIFY 9} vi in1 vsk arl, !:er netllvk llcnSIIW ordrrrY low water md &ownt Dad 1, tx xau 9 7 NU fhs Zi"daY 4 —UEL- eX il I- AC AD nst, MInncavD113 . k1,nnesoha -No rlcE - COUR r ORDER DOC. 837858 REFORMING SI R VC Y B Y DJL,E rING THE NO TA /ON 21731 3/ A 446797 OFFICE OF REGISTRAR OF TITLES j HENNULN COUNTY MINNESMA j rare C—fif, that the .Ph n ra-ir.,. d L,r- c.—y *. .3v7 "as of R"fttrar of Titles. Canty of Henmpg. was Ned in dries offma th4 29 day cl _ -IJ a. c A D.'+.f4 at4& . O'cbck— OIONALD C. BENNYHOFF ReLiistrar of Title S..�rtie�rr r.l.nryt�aA� �r:!`r tr• � rt- 2:64 " t i JAN 5 1955 "T F. FR2S'1',Yaa�. "S. ,�; t- EXHIBIT 6-C ORIGINAL 775&%5 a4 asctrrm m L►" ti11191T Ito. 112 3 rcnnmvm Z fs aaae aee•av H: H1"MM COUN". MM11LOfA F I L E D -• t.._ XX 1 1 U64 / f""o 1 111 4k1Ua5 Audrtw wtnwr•'•' �C rnw � �: - I .. OP/ ///"/ maser ar % •����\\ _s. 522 Tres rarw� w t w \ , rw..rwr Le+.aae Yam aae-�r,�.rr w+e �., iJB o ' r C,7 i I hereby certify that In accordsnc with the provisions of Chapter SOB, Mie nneaot i Statutes of 1949 sS wended, I have aurweyed ' i ,- the I..ilorIS-described tract of Ind in the County of Hanntpin and State of Minnesota, to 14-1 '-♦ Wit: All that part of Lot 1, Auditor's Sub-. , dlwLion No. 169, Hennepin County, Minnesota Including accretions and rellctlons thereto 4. described as follow : Cosencing at the Southeast _ corner of Lot 7, Northshore Cottage Acres; thence Northerly along the Easterly line of said Lot 7 and the •ens ::tended to its lntarsectton With the centerlina of o�etae -wean ' the County Road running Nort hvesterly and Southeasterly rase w IS"."N _ through Lots 1 and 2 0[ said NorthShore Cottags Acres; tbooca ►au �"""�• - -� �'. Northwesterly along the centerllna of ul d�rA�a cribed ''ounty goad to 1[a intersection With • I�inea�istao� L6 feet Southeasterly at right angles from the Southeasterly line of the _ t'-' Great Northern Railroad right-of-way; thence Southwesterly parallel --+'•' With said right -of -ray and distant 66 . et therefrom a distance o[ �'�- '• 336.65 foes. to the actual point of beg:rulag of the tweet of Lod to be deserlb*d; thence continuing Southwsterly peral Ll with the South- fasteriy line of said railroad right-of-way a distance of 113 feat; thsnea --f ieflecting left 84' 43' to the ordinary low water nark of Brown's gay; t chance Northeasterly along the ordinary low rater mark of Brm's Say to its lntereaction With a line drawn Sou theastarly from the actual pout of - - beginning and which lest mentioned line forum an interior angle of 89' 14' with the Northwesterly line of the tract of lad r . beini Jescribed; thence Northwesterly to the actual point of beg(ming; and that the survey Shown harele is a correct dolinaatlow of said Survey. "- SCSI*: 1" - 100' Bruce 1. Balky B• go. 3713 . Data 6-10-64 - •-. a Iron parker JLZIJXV A t111ZT, Engineers 6 Surveyors bearings Shown are •Snead Long Laka, Ninnesots This registered land survey was approved and accepted by the Village Co.rrcll of the Village of Orono. Minnesota, at a regular aeeting thereof hold this I s -• day of 1. 1,d A.D. 19" . 775;J56 ()MCE O? REGLSTRAH OF TM *ri 1 HENN13'IN COUNTY MIN +L:,UTA I Mo,oee C-111, Thal die .�J'„r, Hey s .',t,: Lrd Sur.ry No 1123 rpm d RWlttrer of TIOM Cow" d N.w^ WU FiMd In 8* ttfflt1 M� s1'M dnld rKe AD. Ifa4 stL211_ddodl-m— 6EN K ALLISON n LLACZ CCCILTWWCI L OF 01DN0 / By Mayor By /V/�� !• B+« C1ort r 3 �,� • ••eats EXHIBIT 6-D maw. Q �q ,.� �.,,e�ti oR/G1NAL 1067 1067637 REG/S rERED LAND SURVEY NO. 1350 e.. 1 had, ►, e� ' � Uri ✓�'�' Z I terstr mortify that 1n accordance ~ with the pro►lslose of Chapter 9M. r° r \ mimosota ftotmtos of 1949 as anood / . a. ear ..�: I have am wfad the raLlarins- / �,c jAJ is N drearibad tract of land is the 0e401ty / / 0.` ••• •r•+ --r r W of ltisepla cad /tat. of Minnesota. / c , ✓�.> �r! to witall that tathat part of Let 1. ''' .r/'< 0 Auditor's 3mWv-lsiw Mumbe 169, .w°� .,• �T .r-,.n.� bmepia sty. Minnesota. and aaarf is .. ,r,r A ✓ dons and rellatiome thereto, said .►.� r./+..�, ;-,ly i o.i J.i ha- \ "�, land being am* partisslarly described ow •.•�••`"•�•a""/ ..r.,a..y�..✓t./., •�!' �p as fbllawl Oemmmmclns at the Ssmt►- �^° t '•• ,...i:,..�..��, { `fin 1 •e-astt corner offLot 7 North Morro At- ta p hcrna N thmmOe Northerly alaw the a~...: - rJ..�L. 7f. ice; ~ •�. �. �� t {� �� dstorly line of sold Lot 7, ud tho maw Nam, r C,AV 6 �!'�t JA crano eOsnq bad'it •'`S aCWNSrwaiog Ncrthwestorly amd Somthnsetarly through Lota 1 cad 2, of maid North Shp m Cwttaao Across theme Northwesterly almag the castor line of meld last deacribed OYsty Nmmd to Its lntersectlon with a floe parallel with and distant 66 foot Southeasterly at right angles from tho 3octhwastorly 1120 of the Great Northern Railroad right-cf-way; thence Southwesterly parallel with said right-cf-yy and distant 66 to" thmns- from, a dtatanve of 336.65 Mt to the •ctaal point of basim/ag of the tract of land to be described; thoba sstimaiw Southwesterly parallel with the Southeasterly Isar of maid railroad right-cf-,way and distant 66 Mt 3omtleastorly at right an`leo therefrom to its !■torsection with the Northerly line of the plat of Noso am brown's Nay; Wwom Southeasterly &left the Northerly lid of plat of Namas as Rown's Nay and %e extension tier, of to • paint daterad od as Tolloras Nagirmlag sit the Northwest corner of Let 3, do am Wown's Ray, an addltls on file wad of record to the *Moe of the rQ.stor of Nswde to aad for the County of Narsrplw and State of Monumental thence Sowthamstorly slang the Northerly line of Lots ). N. and 1 In Bald No 4 an Rrowa'a tt*y, a distance of 367 faotl thence dmrlsetlag as sasle to the left from last described 13as 106°03' a Manes of A1.55 foot to its interwatis with the Northerly line of maid Dowry as Wows'• R,y and fate exfmamiw thereof, &aid point of intersection bias the point eouo % to be detormdaedh the000 continuing from paid pint so dateraim" and at an angle to the right or Ihl'3D' from said brtheastorly line of the plat of Some an Brown's Say and the extension thereof through said point so determined, a distance of n." fasts theaoe dafloating s as angle t: •.v rl*A from maid loft described line 31*15' a distance of 274.7 fact nawo or less, to the srdimary low water mark on Nro Nays thcace Mortheaf1t. erly alory ordinary low rater mart of Nruwn's Wy to its istertioctis with aline drown SomthaseL:,'., Cram the actual pest of bsginnlog and which last mentioned line fors as interior angle of 99's14' with another Use dr._. Somthwasterly frmm sail actual point of beginning and parallel wi A the Samtheastarly line of the tirsat Northern Wlrood ridrt of -wan thomsm Sem'tlf.. westerly in a straight llne to the actaml point or beginning, atuardlrag to the plat of said /mditer's SaEdirialom ihtlar Nonownin County, htinnsooto. ea•opt that part mabrac d within 4egistored asrwy me. LIM, and that the @WVW shown harem is a correct delineation of maid survey, dated this day sf A.D. 1973. mow; . Oordoo N. Ooftls _� tja`ti Nei Gawk Land 3luwyc r and Ila�r! low LAIN. temm ,Z This lagistared fend Amoy a .pprorad and accepted is the Village Council of the Tillat of Orem , Monsecta. •L • neetios thereof held this da,y of MA,CCN 1.a. iw3. �-. • Tl'I1JGI Q• tit C]f?>!ID �'• 4f' I . `a\ . Cimrt� J Pursuant to Chapter 91A, kinnesota tows of 1969, this ■glatorad Land 3ru•wy has boom • this�� day of A.D. 1973. Qaer J. PetA916,0101 Nennepdn Couot,y Surveyor Scales 1 inch ■ 200 fact Ohto u December 5, 1972 o u Denotes iron monument 1067637 OFFICE OF RFr-,LSM" OF TMES Iti]QLLYIN Cou?m MINNESOTA ` ��a I N'lwabr Carbty TTW the nrlhin Rasfstred Land Survey MD_/3So Foes of Rypwtrar of TTnes. Car► d Hsr -as Fled ku this oftks ►.a.IA=fey ot_ePalL ,t D.117�rtLL 'der. ,r Rai'musr of Tithes 131973 Are �� o•vud. 1177 ►MO PI OR Tk1[S DniO .- FIL. =D APR 27 1W.3 uwrs Pay on Or be(pe to avoid penalty Please read reverse sale for payment Information. 1 , -.. .. 1 .•.. •• YIY C,IIw ,MNI.0 It>h1.411t1' 111�'f.(nh L11 3'.1 ilil i.1:.:IN 1 •.116�111.1 �«,�„ Off/25 1' li tn1% 1••lu'. ISO . rHl rI'• 1 lkSl IIAI I 1,%. tY.lfb AMMINI I ,.111 19.Uo 101, AM t 11I11 N.>Mq Ntt fD[N1 IS rCAtfON W TIRE LAfaI VIE -_ __ _ ro,yr ..Air ,•.. _ l02-117-23 43 00%1 - - ----1 - Pay on or before to avoid penally Please read reverse side for payment Information . ,•, ,A I, I`F Y 1. 11.4 ,aN. VA.AT. i JiKI 'iI I L LI rvatnr. 1:(1 :, !10 Gl:Alll L:tl:11ANC.1 n"rI« OL/:`• 1 0 1110. 1'• 1 �t5 lit l .i hN 'J s41 INMilM1Y E1[ME(I�A/10M MO /ECOND HAtF flu 02--117-23 43 0011 _ 19.O6 „ m,Aun•Ar:Al,l.l �n.r ..Ja Y_1 N... .+. . I M Pa..ttq Nr .v Pf(cwY NtY IAutrpN 1985 HENNEPIN COUNTY r{PAR,W NT (0 PW)KAIv TAN 'ON 1985 HENNEPIN COUNTY {u..OJAI". �+furdL ou. CENTER PROPERTY TAX STATEMENT 1{ w4ePU15 -.11,O1.�5A vE.MT Ea PROPERTY TAX STATEMENT Ir...1....• I►> u-, 0.."w.1 0.5 YINW.( •,•tArT•�vwao11 , ..... (. «�•..w1olw Y,.0 swan«11 w",•c•I.,w .. w+.fw 1 q I I V.0ON CU w PAIK1 t•.Y w .%:.L U....w 02-117-23 43 0011 30 L17U 3 L Kk1llAI LLEVATOR C ••. 4,I..(1 Y{O 02-117-23 43 U011 "3U .'73 3 Iff-1111 S1101iL COTTAGE ACRES LAKE f 'Mii SHOku f0Tlflf.0 ACRES let.- .•10') Mac. Arm" 1 (109 I(c. "MS III':.IlUlc CII III_'i ::� FT Uf TH[ NWLY 35 fT f�iif�TtPl LLEVAJUI< CIE NELY • 1-1 (t( fill. Nldl'i 25 IT Tv t.i.f.l,t I ..I IL.IA.Ic 71•.) t.1 i.IN l_XCHANGL rti 1 rN( ,•11'I NI'( S MN ':54i5 ,. �... •w.. A., TM D,Lpw•1r 0SNC# l- way not Do i two N"M O1Kr,plpn, 1 AMOU I Of TAR QUALIFYING .. wr maw.{ [.a:. ,«E rfwl Ur.( (y, bUtN (/ 1,{ 1Y.0 nNJ.i"TV IA. REfUt.OS Ar:. At( 111%.t AN 10M �'.r DR TAX $UMMAHY FOR fOf14MIPA IIE Wi[D $TAIEMEIIT ►A1. 0, If. r1(IA 10 UAI" 14 fW.V rUNUS W AD (A IA"S (06 1,11 64(w OF 1N.S SIATrfrl,.l TA.f SIE • CUu.11, 1 T . 7U ,(55CREo-IS 7 CREDITS WHICH REDUCE 5 CA, .5 .:.{r, TALIw.G Out INt.0IN1n„ u. wr J•Ili fl.R.1 YIPR YOUR VAX •= > x.ao. rASta,[T 1. U1 UAr AAKAINISt1w.:III K.OA _! STATE SGIDOE AC4KkKIUNAI CREaI :{•� , o,N(R M•.N4 a�IN:C1S TAR AFTER CREDITS • .' 1 [I.1[A At"A.0 A1.0 SINAI FAAlf10>,1 SIIAn CREa1 - .r{,•x«(w,[ 7 ADD SINE C.A, . SS( S5.4 N IS fr•T(R Al ,.(,. . T.AY(f0(n A,...,.{ - -;..I n. , 1985 TAX PAYABLE 3W.7? 1 LESS CNED.I;A..".. TOTAL C,1LD11S,10 ONE 91 ANUUCI 1oV.,M - 101A. AFIERCREL•TS 7 • •- UCl1t9jU[t.T IA. OELINOUENT TAX 11 ADD SINECu ASS! SSA.ENTS ►NMC rA1 V - \, V « ..... .. . ... •. ;.•.r. �•y N....t �.w q..v • IRE 1.. n 1...... rA« s. THIS STATE COPY Of THE TAX STATEMENT l5 TO BE .•.4� ...> Y.1 a .>yr i. 1.. Fw.I, IA. MP:•O .wY Oa. wrrtREsl 0. GU USED TO CLAIM PROPERTY TAX REFUND FROM •"" "'i0 jO` '""' "MO • "" I IJ 1985 TAX PAYABLE MINNESOTA DEPARTMENT OF REVENUE VALUE POORMATION ,AL.( w.f our.,At,CI,, •• r.�., .r. ..... .... ;.�.. r.•i> MINta ..I-d M..wp•ort...•ut DETACH PAY ST118 BEFORE YOU FILE ClAg1 OM her M Inn N■ n d(fE r•+.1[ 15. IhBj I"I" w....rl .. u. OI g. t.• 1 011•, Tod IYr1M .raw 0f PINCH 1 . nJU Sarxrle f1oE is 0UF on • :. , (; , : , Tor .>>...a ., . ✓ w ,. 4 it U 1 Tar ManWd HSkA of PINCH 400 (Tan o1$10 of IM rfwsl be pi10 by May IS. 19851 Skit IIN. Rupow t IR.t to. is AO....10 SSW, ' TM STATE OF UNWSOIA DOES 1007 IIECEIYE AMY ►110INUETY I I L 1 •.it' r I t E I : • II , 1AS TMEYEIARS IPM STATE OF 00*%OTA PAOE[LYS YOUII- . , [MEATY TAX MY PAY" CKDIIS AND OKM KWMAKMIS - ,•t-11f i IAA REFUIIU:; "LOGILwTSOFeovEONIK"T. lilt. I I .,f,11 r :.ILI . .1 . •. c ^may ,R\ ^\`. � •r. �\ \ / 4 `•.' O LL - �Y►t; J / Aaroa Anpfnof ,-����—'-.��) P \ / O `• NfororAnt accord. _ O Q• �� ` ��� hnoord Plot. ' �` ` •�` 441 ~ • '�� of L 1 Pert of Lot 9 ^ ob • �,, •r �•:� �• ', t �A � ' �`S, !CSay , LA JE i; LOT tG3 AIE ;ON ti1INN Fpp•,a Aetf I n! of '_of i3 40� (BROWNS 8,4r) accor ling to Itcotd Dfar. EXHIBIT 8 jF�,T.'.j;�.L.� Pe�� �+' -S; .?-1r^.:,i e �c���t�ct. 1/4' ..if 4/2.s/ks— EXHIBIT 9 State Bank of Long Lake Satisfaction of Book 2011 of (Minnesota Corporation) Mtgs., page 622 0. to Dated Sept. 7, 1945 Douglas Merrit Skarp and wife Recorded Sept. 8, 1945 Doc. No. 2306169 Book 2176 of Mtgs., page 249 State Bank of Long Lake Satisfaction of Book 2011 of (Minnesota Corporation) Mtgs., page 622 and 1. to re -recorded in Book 2064 of Douglas Merrit Skarp and wife Mtgs., page 426 Doc. No. 2920415 Dated Dec. 28, 1954 Recorded Dec. 31, 1954 Book 2827 of Mtgs., page 418 Douglas Merrit Skarp Warranty Deed Berniece Skarp, his wife Dated Sept. 4, 1945 62. to Recorded Sept. 10, 1945 Edward H. Bock Jr. and Book 1646 of Deeds, page 161 LaVerne'O. Bock, his wife, That part of Lot 9, North Shore joint tenants Cottage Acres, Hennepin County, Doc. No. 23062 " Minnesota, lying Northwesterly of a line described as follows: Commencing at a point on North- easterly line of Lot 9, distant 175 feet Northwesterly from most Easterly corner thereof; thence South 53 degrees 36 minutes West 143.5 feet; thence South 41 degrees 36 minutes West 158 feet; thence North 57 degrees 30 minutes West 35 feet to a point in said line to be described; thence North 41 degrees 36 minutes East 168 feet; thence Northeasterly to a point in Northeasterly line of Lot 9 distant 205 feet Northwesterly along said lot line from Northeast corner thereof; excepting therefrom that part of Lot 9 described as follows: Commencing at the Northwest corner of said Lot, 9; rhence South along Westerly line 25 feet; thence at an angle SouLneasterly parallel with Northeasterly line 25 feet; thence at right angles Northeasterly parallel with Westerly line 25 feet to Northeasterly line also being the County Road; thence Northwesterly to point of beginning, and subject to restrictions of record. (Shown for reference as to boundary lines) In the Matter of the Application 63. Application of District Court, Hennepin Co., 44. Edward H. Bock, Jr. and Case #12378 LaVerne 0. Bock, his wife, Dated Sept. 28, 1954 as joint tenants, to Recorded Oct. 19, 1954 Register the Title to Book 41 of Appis., page 446 Certain Land That part of Lot 9, North Shore Doc. No. 2904233 Cottage Acres, Lake Minnetonka, lying Westerly and Northwesterly of a line described as follows, to -wit: Commencing at a point on the Northeasterly line of Lot 9, distant 175 feet Northwesterly from most Easterly corner thereof; thence South 53 degrees, 36 minutes West 143.5 feet; thence South 41 degrees, 36 minutes West 158 feet; thence North 57 degrees, 30 minutes West 35 feet to a point hereinafter referred to and designated as point "A", thence South 41 Continued EXHIBIT 10-A CITE' of (➢RONO I"..t WIJI-r It.'x W;*('r.VStdl BaY. Minnesota 5532:16hiunicipal Officrr On the North Shure of Lake Minnetonka -.r April 28, 1982 li.li. Tearse 1254 Grain Exchange Minneapolis, Mt1 55415 Dear Mr. Tearse: ",'his letter is written to confirm my comments to you in our telephone conversation of. April 28, 1982, concerning your proposed dock. It is my understanding that the dock will be constructed on the lakeshore portion of your homestead lot consisting of some 25' of lineal lakeshore footage. The dock will be 5' long and 3' wide and located 10' from each side property line. As I advised, the City of Orono will issue a building permit for the construction of the proposed dock. I further advised you to contact the offices of the Lake Minnetonka Conservation District because of recent amendments to their ordinances involving minimum lakeshore requirements for new docks. Please contact my office if you have additional questions. Sincerely, Je nne A. Mabusth Zoning Administrator cc: L.M.C.D. EXHIBIT 10-B CITY of ORONO I'nvt tNfic4• itox fit;*CrystaI Ituy, Minnemot:t')%12341Municipal WrIces On the North Shure of Lake Minnetonka May 23, 1984 Sparle Grain Company 710 Grain Exchange Building P.O. Box 15105 Minneapolis, Minnesota 55415 Re: Dock Construction on City right of way without peLmit and no principal structure - West Fern=.ale Dear Sir: An inspection was conducted on May 22, 1984 by John Gerhardson and myself for violations of the above subject structure. During this inspection, the dock has been found to be in violation of the follow- ing City ordinances: 1) Dock constructed on City right of way. West Ferndale is 66' wide• and we measured 33' from center lime of road, which put us half out on the dock in the water. 2) Construction of the dock was done without required permits; t1io City would have explained the problem at that time. 3) Orono zoning code requires that a principal structure is on the ' property before an accessory structure can be constructed. Since you have no principal structure on your existing lot, or the lot your feel is yours, the dock is not a loyal structure. I am writing this letter to inform you that the dock is not o permitted use and -must be removed by May 31, 1984, or citations will be issued and the City will remove the dock from City property. If you have any questions, please feel free to con' mu at my ofsice. Sincerely, r Thomas J. Jacobs Buildinq Official DFSC91 P-I*10" 23' 4 ^- Bk ZI-2 c.0 fig i 43 C---, 7 0.011 , t t That part of 1-ut r, , Nc,rt h Sht.ry c:ut t a9c Acre,. according; to [he rccorded p;a[ thereof. Fic�nepin Mimusotri, lvinu :i.,rthvc�tcrly of the County, ! following dcscri heel 1 i": i �,encre:ng; ;Jt ;he ,�st I easterly corner of said I.,rt b: thence northwesterly along the northca�terly line ,�f .:yid Lot o a di.stan.c � of 40.00 feet to the pui »t �: beg i nni ng; of 1 i ne t c, t be described:thence• -cnsthw,, c•rIv Pcirallcl with ;h: southeaster] v 1 ine• of ::cic1 Lot h t, the• scx,thti:cst l:nr of said l.ot 6 a.Id said lint, there tcr'�inat_,:g:• Also the northeasteriv 2S.n0 feet of Lot 4, \.'rth Sh arc i .a: ; c Aires. P,cx—.,d IGVW t'k)- claw. D'c. =--j 10P01 lotoldal•or: cicv �gtaGL: "..:mot 1 ,� u5.tie 34!0 A �s f ► LECAL I)MR 1 PTI ON : That part of l.ut t), NorCh Sht.rt' according; CO the rect)rded I -at Lht-rvof ''lell I'&ly County. ou+r: hwe .t or v bf : he Minnr;U[;t, ! vinl: following; described l i :).• : t .)s-�c1 c : �>>: at t•`•: easterly corner of said t..)L b: the -ice nor.i)aea along the norcheasterl y 1010 Of •:litl 1.00 11 a t. of SO.0O fcct to Lhe poi t)C •+: bc} i till! t)A of be described: thenct=+)uehw.�trrl. past iC: w' southcastcrl v 1 ins' t f to ar• (� l.ot 6 k;)tl �a 1 ll l i tk` C l)C• )'.' C c r"t! t). n- 0 �•Qf; 94fth Said --. - n i tt ..t ""Amu Also the _',.,tt: .rcl _tic ^.or. tt pl ' y Sik• nor:ht aster v : to :lge A: re- -� •� `,� q .��•� / 25.00 feet of Ltac (i. Xt•rch Sh•)ry -- and lowest Ib 00lses bm too Pt ICu 06 � 41 TO: Council A. ITING FROM: Michael P. Gaffron, Assistant Zoning Administra,6k 81?35 DATE: June 24, 1985 Of Y or erogo SUBJECT: #932 Ward E. Edwards, 2474 Carman Street - Variance Zoning District - LR-lB Application - Lakeshore Setback and Hardcover Variances List of Exhibits Exhibit A - Application with letter of request Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey with hardcover calculations Exhibit E - Staff sketch (2) Exhibit F - Letters from adjacent property owners Exhibit G - Airphoto Ward Edwards is requesting to locate his new home at a distance of 50' from Lake Minnetonka. He has a very unique lot which actually fronts on County Road 15 but extends across a lagoon to the proposed building site which is accessed by a driveway easement over an adjoining property (see Exhibit E). The dry buildable land area of the building site is approximately 30,000 square feet or 0.69 acre. The dry buildable land north of the lagoon is approximately one acre. Since this is a lot of record, the definition of lot area in the zoning chapter excludes the lagoon as dry buildable, but would allow the crediting of dry non-contiguous lands within the same lot. If this was a subdivision application, the dry buildable would have to be contiguous. The question posed to the Planning Commission was, should the applicant be required to forever credit a portion of his dry buildable land north of the lagoon toward the buildable area, which would limit his future subdivision capability? He may r.::ed or want to keep the northerly portion as -is anyway, since it is his only road frontage. Interestingly, tY therly 496 feet of the property, or in effect the entire portion of buildable land north of the lagoon, is zoned LR- 1C-1, not LR-lB as the building site is. The Planning Commission recommended that the land to the north of the lagoon not be dedicated forever as credit toward the lot area on the building site south of the lagoon; but the Planning Commission did recommend that no hardcover ever be allowed in the 0-75' setback zone on the north side of the lagoon. #932 Edwards Page 2 June 24, 1985 Now, looking only at the building site, note that we have to deal with two 75' setbacks. The hardcover numbers presented by the applicant's surveyor take into account only the lake setback, not the lagoon setback. Hence, the total area of the building site within 0-75' of shoreline is actually 18,750 square feet, with only about 11.250 square feet in the 75-250' setback area. This mathematically raises the 75-250' hardcover percentage but lowers the 0-75' percentage. Technically, considering only the building site, 0-75' proposed hardcover is 2,960 square feet or 15.8%, and in the 75-250' zone is 3,380 square feet or 30.0%. The next point to consider, then, is which direction will the hardcover drain to. It should be directed to the north, so that in the case the variance is granted, drainage from the house and driveway will travel over or through 100 feet of lawn area before reaching the lake. If all runoff can be directed to the lagoon, the following hardcover numbers would apply: 0-75' = 9,375 sf total area 75-190' = 14,375 s.f. total area 0-75' (lagoon) existing driveway = 1,400 sf (15%) 75-190' (190' is the proposed drainage break) House 2,800 + sf Deck 360 + sf New Driveway 1,200 + sf Sidewalk 60 + sf Existing driveway 520 + sf Total 4,940 sf (34%) 0-50' (lakeshore) 0 hardcover = 0% This method of calculating hardcover northodox but accomplishes exactly what we are striving for in our ioff infiltration concerns, i.e. it meets the intent but not the letter of the code. Next, consider the average setback issue. Because the neighboring owners have stated that they value the views of both their lake and lagoon yards, they also request that the new house conform Pssentially to the setback of the existing houses. Although the average "line of sight setback" would be about 35' from the lakeshore due to the curvature of the lake, the mathematical average setback is 49.5'. As you can see from the survey, the applicants garage will encroach on site lines toward the lagoon. Based on the above facts and conditions, staff would suggest that: 1) The lot is buildable without a lot area variance because we are allowed to credit the non-contiguous dry buildable across the lagoon for a total of 1.7+ acres. 2) The actual area to be permanently credited should be enough to bring the lot area up to either 0.8 or 1.0 acre and this: crediting become a clause of the final resolution, so that any future development of the northern portion of the property does not negate this credit. (Planning Commission recommended no permanent credit required.) #932 Edwards Page 3 June 24, 1985 3) The lot width of 125' is greater than 80% of the required 140' width, so no formal lot width variance i5 required. 4) The drainage from the house should all be directed toward the lagoon in order to gain the max.LMVM inf iltration time and distance. 5) Based on item 4, the hardcover in the lagoon 75-190' zone is requested to be 4,940 square fe• r 34.4%, requesting a 9.4% variance for a new home. 6) Applicant should not be penalized for the existing driveway hardcover in the lagoon 0-75' zone, and in fact his drivway proposal minimizes the additional driveway hardcover required. 7 ) As long as the 75-250' zone on the north side of the lagoon stays non -hardcover, the applicant's overall 75-250' hardcover is less than 25%. Would you consider this as negating the need for a hardcover variance? Of course, it would mean that if the northerly portion is ever divided off, it suddenly increases the hardcover percent or he lakeshore building site. 8) The neighbors' request for the setback variance to allow for the least disruptive sightlines, to maintain uniformity, and the capability to direct all drainage over 100' of relatively flat lawn area, would seem to justify the granting of a variance to the lakeshore setback. The Planning Commission voted 7-0 to recommend approval of the lakeshore setback and hardcover variances based on these findings: 1) No permanent crediting of the land north of the lagoon is required. 2) No lot width variance is required since the 125' lot width meets 80% or more of the 140' requirement. 3) Based on all drainage from the proposed house being directed toward the lagoon, the hardcover in the lagoon 75-190' zone is requested to be 4,940 square feet or 34.4%, or a 9.4% variar- . (Technically, if all areas on the entire property within 0-75' and ' - 250' of the lake are considered, the applicant would be allowed approximately 8,281 square feet of hardcover, with 75-250' total hardcover requested at 3380 square feet or10.2%, and requesting 0-75' total hardcover of 2,960 square feet, including the existing driveway, or 10.5%.) 4) Applicant should not be penalized for the existing driveway hardcover in the lagoon 0-75' zone, and in fact his driveway proposal minimizes the additional driveway hardcover required. 5) The neighbors' request for the lakeshore setback and average setback variances to allow for the least disruptive sightlines, to maintain uniformity, and the capability to direct all drainage over 100' of relatively flat lawn area, would seem to justify the granting of a variance to the lakeshore setback. #932 Edwards Page 4 June 24, 1985 6) The unique characteristics of the property i.e. the proposed building site separated from the rest of the property by a lagoon, constitute a valid hardship to the property. Planning Commission suggested the following conditions of approval would be appropriate: 1 ) All drainage from the proposed house must be directed toward the lagoon to gain the maximum infiltration time and distance. 2) No future hardcover should ever be allowed in the 0-75' setback zone on the north side of the lagoon. 3 ) A site grading plan must be submitted for staff approval prior to issuance of building permit. A resolution of approval is attached reflecting the Planning Commission's recommendation. l`736'� ISo •U.0 s-;tv-0-5 CITY OF ORONO - VARIANCE # I!0�,- 6 a jr, Initial Application Fee $150.00 ($50.00 per each additional project) After -the -Fact Fees PROPERTY LOCATION C�97y e , Site Address Lot 11, Block 6, Townsite of Langdon Park Property Identification Number (P.I.D. ) 20-117-23-12-0027 (Orono Id38) Please check one -- Is the property x abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name Ward E. Edwards Phone (h) 927-9815 (o) 520-5558 Mailing Address 3545 Glenhurst Avenue, St. Louis Park, MN 55416 -------------------------------------------------------------------------- OWNER Name SAME AS ABOVE Phone Mailing Address Date Property Acquired October 1980 (month/year ) Family owned since 1955. I (do) CD also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District LR-1B -esent Use of Property vacant lot Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $118,993 Describe request in detail: I am requesting a variance from the 75 foot set back at the front of my property to a 50 foot set back. -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( 50' Front Side Rear) Other -------------------------------------------------------------------------- (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from Ltrict enforcement of zoning regulations: See Attached. -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: See Attached. -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obto_ n this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (i10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or rE sted by the Zoning Administrator, agrees to pay all fees and/or unusual expense: _,icurred in review of this application, and certif ies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature �?_F J OWNERS SIGNATURE The owner hereby, acknowledges 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 investigation and verification of t is request. Owner's signature901�11'kq�Dated -------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Cor;,mission Meetings are held on the third Monday of each month. 'A' HARDSHIP This piece of property has been owned by my family since December 1955. In 1967, I began developing plans to build ay retirement home on this property. In 1970, part of the property was declared wetlands and in October 1980, my mother, Amy Edwards, transferred this property to me. The hardships that will be encountered without a 50' set back are as follows: A water pipe will have to be moved. A mature pine tree and a large willow tree will have to be moved. Over the years, trees have been planted based on a 50' set back. Tile trees will screen the house and provide for a more natural setting. . I recently invested over $11,000 to have a sewer line brought to the property. . The neighbors on both sides of the property want my home to be at the same set back line as their homes. My brother, Richard Edwards, is 43' back from the edge o, the lake and Mr. Ed Lehman is 56' back. Having my house in line with their houses, provides for more privacy. . I have a very unique view across the lake which is enhanced by the 50' set back. If the set back had to be 75', existing evergreens would block the view. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS The back portion of this property, immediately south of the lagoon, is mostly peat, going down approximately 19 feet. This was discovered when the sewer pipe was laid in 1985. (An old creek bed is said to be in this same area.) The cost of laying the sewer line was increased considerably because of the unstable soil conditions. The back portion of the property, before the lagoon, is the lowest part of the property (932.3'). In addition to the peat problem in this area, water also drains to and collects here. The highest point of the property (936') is where the best soil conditions are found. If the 75' set back prevails, I would not be able to see the lake from theCound floor windows unless I removed a considerable amount of earth. The driveways on this property are not hardtop, they are mostly dirt with some gravel. I will not be putting in hardtop driveways. This piece of property on which my house is to be located is a very unique piece of land. It has water on both sides -in front, Lake Minnetonka; in the rear, the lagoon. Because of the view, the existing mature trees, and the soil and drainage problems on the back part of the property, it seems logical that the house be constructed in line with the existing homes. It will also, with the 50' set back, fit in more naturally with the existing terrain. I IvI r.cTn — AvE "�'�ts`'SC to . K1)11 ro Gql . ;� �� . (K) (45) (41) (M 12- 1 7 d s 4 3 2, ] 14 IS I6 (�4) 17, Ie 55) 19, 20. (54� 21 22 00 23 24 q tl • 17 ., . 14 1* 12 It' lo' I f d 7 ' • 6 1 ` 2 � 1- T. . (�'• �� � �.) (L1) (�a) ins) �4) ���� �1� I <<•� y -y '� �"' / �W Q,. «u �,Ry.,t� �1, 4 • Q ISi 16 17. in 14�=0- Y4 25 i1 cc if M . 4.!r. S. 4, 3, 2, `I �14 13 12 11 to 9 7 e 4 2 1 31 N LId 17 16 1! YO 3 24 5 Id 19 • 20 2, '� 22 �3 Zf' 2dL21-,-, 2E \ I ` •ft Ilt I1�. • ' S• • \Iq `\ 1 �l lbl I i�11 �t1fo I I c�� 6:f'4 WIN N!7. 4i•50"f N#T*43 SO'E 7:Rf6 if7J ^ ,•0 A�•11� 7a le. 60 �1S 32 ' N r 65 AI ilk B a �y 24 4 I, tl �r pits N Z • ��• qi 0 09 'a., —23 �— ����2 j \ I.4 ce i15 32 c �1Q2 6 T z e l074., 12 Ire �sr t� .� t^,':•4�E ; .. 3 94 21 shOUTLOT2 �o Z 0 , P a - f r 55 10 �~0 L 8 RRE a .4 R RI KIT i91 ccQ COVE 4 ! 0C' L c I •� t 33 to T Uo !U (4) C • • �11�) Aq t 2 � •e°1 � �' _ _ _,.z._ . �^i.t � _ (il) 1,� - 0 Wee vil o. IS, ihorr line asDrr 1971 O Aerial Phot�•_:<......r Jt � F' • � - I t3 2 RUN DATE 04/29/85 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 1 BATCH 001 38 17-117-23 43 0091 38 17-117-23 43 0092 38 17-117-23 43 0093 PROP ADOR 03496 SHORELINE OR 03480 SHORELINE DR OWNER NAME DAVID CHARLES BIE DAVID CHARLES BIE GEORGE F PIPER JR TAXPAYER DAVID C BIE DAVID C BIE GEORGE F PIPER NAME/ADDR 1910 SHADYWOOD ROAD 1910 SHADYWOCD ROAD 3470 SHORELINE DR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA 1114 55391 38 17-117-23 43 0094'- 38 17-117-23 43 0113 38 17-117-23 43 0114 PROP ADOR 03472 SHORELINE DR 03502 SHORELINE OR OWNER NAM: CEORGE F PIPER JR DAVID S PETERSON GOLDEN VALLEY STATE BANK TAXPAYER GEORGE F PIPER L=ELL R ZITZLOFF ` LC14ELL R ZITZLOFF NAME/ADOR 3470 SHORELINE DR 1805 E WAYZATA BLVD 1805 WAYZATA BLVD WAYZATA MN 55391 WAfZATA MN 55391 WAYZATA MH 55391 38 20-117-23 12 0001 38 20-117-23 12 0002 38 20-117-23 12 0003 PROP ADDR 02400 CARMAN ST • 02416 CAP.MAN ST OWNER NAME EDWARD T i GLORIA A LEHMAN EDWARD T LEHMAN ETAL EDWARD T LEHMAN ETAL TAXPAYER EDWARD T 4 GLORIA A LEHMAN EDWARD A GLORIA LEHMAN EDWARD A GLORIA LEHMAN NAIIE/ADDR 2470 CARMEN ST 2470 CARMAN ST 2470 CARMAN ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MH 55391 38 20-117-23 12 0009 38 20-117-23 12 0010 38 20-117-23 12 0 PROP ADOR OWNER NAME ELLEN M BUTLER ,. ELLEN M BUTLER WARD E EDWARDS TAXPAYER LAVERNE A BUTLER LAVERNE A BUTLER WARD E EDWARDS NAME/ADDR 10665 CTY RD 43 10685 CTY RD 43 3545 GLE`NUPST AVE CHASKA MN 55318 CHASKA MN 55316 ST LOUIS PARK MN 55416 38 20-117-23 12 0028 38 20-117-23 12 0033 38 20-117-23 12 0040 PROP ADOR 02480 CARMAN ST 03465 SHORELINE DR 02414 CARMAN ST OWNER NAME RICHARD A EOWARO3 G.P.H. COMPANY T i D LIND TAXPAYER RICHARD A EDWARDS ALECK G OVERSON THOAAS A LIND NAME/ADDR CTY RD 15 BOX 127 5849 RUSSELL AVE S 2414 CARMAN ST NAVARRE MN 55392 MPLS t'*l 55410 WAYZATA MN 55391 38 20-117-23 12 0041 38 20-117-23 12 0042 38 20-117-23 12 0043 PROP ADOR 02470 CARMAN ST OWNER NAME EDWARD T LEHMAN I WIFE EDWARD T LEHMAN E WIFE EDWARD T LEHMAN 3 WIFE TAXPAYER EDWARD T LEHMAN EDWARD T LEHMAN EDWARD T LEHMAN NAME/ADOR 2470 CARMAN ST 2470 CARMAN ST 2470 CARMAN ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE 04/29/85 BATCH 001 38 20-117-23 12 0048 PROP ADDR OWNER NAME CITY OF ORONO TAXPAYER CITY OF OR040 NAME/AODR BOX 66 CRYSTAL BAY MN 55323 PROP AOOR OWNER NAME TAXPAYER TOTAL BATCH NAME/ADDR HEVNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWTIERS LIST 38 20-117-23 12 0049 E T i G A LEHMAN EDWARD T A GLORIA A LEHMAN 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0055 001 00021 Daryle L Uphoff et al.- Daryle L Uphoff 2497 Kelly Avenue Excelsior, MN 55331 REPOPT NO. PI435401 PAGE 2 38 20-117-23 12 0050 RICHARD A EDWARDS RICHARD A EDWARDS Box 127 NAVARRE MN 5539I I CERTIFY THAT TN.E FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATICH OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATEii By a!2jf • , • . ,- ✓.a••un.f V.w V^A5*pV8 II / y adV/f I L I / , l//,lh WARD E. EDWARDS LOT //, BLOCK 6, TOWNS/TE OF LANGDON PARK I� L AGO ;�-- oil, y 16 , �tr a � -1 •^ •ti Y� , YJ 1 � rw� � ,•� '- a.• .�w 7f1 f � �r •• 24 w ti L I I 12 �3 PRGF'OSED HOUR — __T 5 m cv ,6 5_ I DECK 12 PROPOSED - __I : ;;'5 - Q G 9 • - „'• V. AAw o. S t31V rA•d / r ' A 1 a J ORONO HARDCOVER CALCULATION WORKSHEET #932 C. Existing E. Proposed LAKESHORE A. Existing B. Existing D. Proposed Proposed F. Allowed hardcover hardcover haiJcovehardcover SETBACK lot area hardcover percentage ,. ZONE in zone in zone in zone percentage percentage [ (B;A) x 1001 [ (D:A) x 1001 0-75' 75-250' 250-500' �3 7�sf C% sf sf sf sf %_ 25 -\,s f sf �' "�o sf i% 30 �o 500-1000' (" sf sf (.i sf 0 35 i : �� E Directions: 50 aFF •�� A. Existing Lot Area in Zone - includes the total square footage of dry buildable land eA tp within the specified zone. C. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewal driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 iscuss the possibilities of obtaining a variance. Generally, if a concurrent removal xisting hardcover matches the additional hardcover proposed, resulting in no net increase .iardcover in a specified zone, a variance may not be necessary. "14 . E - ! If E -1 r 5 OMNI- GO . 12D. 1s Dal Vr L,kGoa a WARD ,;� PuAavS - � r I MEDS May .28, 1985 City or Orono Post Office Box 66 Crystal Bay, Minn. 55323 Attn: Orono Land Use Planning Commission Subj: Ward Edwards proposed zoning variance Lot 11, London Park Add. Carmans Bay. Gentlemen: R,;J rl�(a'T Nav s i !yes 'i Y OF ORONO It is my understanding that Ward Edwards is intending to build a home on the subject property and is requesting a set back variance from 15 ft to 50 ft to comply with existing homes on lots 12 & 10. I would prefer to see the variance granted as requested. The required set back in this situation would destroy the symmetry of the three lots and would lso limit my view from the back of my iome. Sincerely, ward T. Lehman 2470 Carman St. Wayzata, Mn. 55391 @ 19 0 CITY Of ORONO ' � �,,//% �''1�� ��=z.���-'N' 6- �Ct-yL�/z-/�Jd��-�•�ca/-L��-ICL�'tz�u�-�L� /�•C��YLQ/ ✓ft'��!tGLC"/C1-i �/'Y+-L.F.i C'7'L' Xd'`��l .�C9�•lyYY��II� v�l/ �.•Z�t Z•�( � � O(..1• y+�R�t•rt��yv�l�iYYS�..i• .� !'7z/ '� � //, � "L'7� ��z • .r�.�..v� f �> z � <z-�' ��'.-ram cz� ��s2v�uz-m � 7 •c�tJ/� ,,Q��/.eke,� ..c:s-�� z --y .-71.-.o C c:-C�L.G�'.ole.�ez �!/ZU e -E't�o __--e t-TZ : C C4vL",-- Zoe ll— •��/yjc.L�'✓i9/L-�' .'La-' �CGi. � �<�!� ./l•Le'G-c—�CZ•Ca[''�, •�- �::_:.-l�'jl./�� ZOL J �� ��—C✓t-��'� ILA, fL?� I Ll JX� City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 6 2 AND SECTION 10.44, SUBDIVISION 8 - FILE #932 WHEREAS, Ward E. Edwards (hereinafter "the app icant") is owner of the property located at 2474 Carman Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Block 6, Townsite of Langdon Park (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 1 and 10.55 Subdivision 8 to allow the construction of a new home located partially within the 0-75' lakeshore setback area where no structures are allowed, and requesting a variance to Section 10.22, Subdivision 2 to allow a total of 2,960 square feet of hardcover or 15.8% in the 0-75' setback zone at the building site, where no hardcover is allowed and to allow 3, 390 square feet of hardcover or 30.0% in the 75-250' lakeshore setback zone at the building site, where only 25% hardcover is normally allowed, and is requesting a variance to the average lakeshore setback from the lagoon or north side of the building site. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file #932. 2. The portion of the property to be used as a building site is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 17, 1985, and recommended approval of the proposed variance based upon the following findings: A) No permanent crediting of the land north of the lagoon is required. B) No lot width variance is required since the 125' lot width meets 80% or more of the 140' requirement. C) A number of methods can be used in determining the actual percentages of hardcover on the property: Pacle 1 of City of ORONO RESOLUTION OF THE CITY COUNCIL NO. (1) Based on crediting only the land at the building site, the 0-75' hardcover proposed is 2,960 square feet or 15.8% and in the 75-250' zone is 3,380 square feet or 30.0%. (2) Based on also crediting the northerly portions of the property for the hardcover calculations, 0-75' hardcover is 2,960 square feet or 10.5% and in the 75-250' zone is 3,380 square feet or 10.2%. (3) Based on calculating 0-75' and 75-190' from the lagoon, only crediting the building site, and with drainage all directed to the lagoo::; 0-75' lagoon setback hardcover is 14.9% (all existing driveway), in the 75- 190' lagoon setback is 34.4%, and in the lakeshore 0-50' setback is 0%. D) Applicant should not be penalized for the existing driveway hardcover in the lagoon 0-75' zone, and in fact his driveway proposa' minimizes the additional driveway hardcover required. E) The neighbors' request for the lakeshore setback and average setback variances to allow for the least disruptive sightlines, to maintain uniformity, and the capability to direct all drainage over 100' of relatively flat lawn area, justify the granting of a variance to the lakeshore setback. F) The unique characteristics of the property i.e. the proposed building site separated f rom the rest of the property by a lagoon, constitute a valid hardship to the property. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Paqu 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8, to allow the construction of a new home located partially within the 0-75' lakeshore setback area where no structures are normally allowed, and grants a variance to Section 10.22, Subdivision 2 to allow a total of 2,960 square feet of hardcover (or 15.8%) in the 0-75' setback zone at the building site where no hardcover is allowed, and to allow 3,380 square feet of hardcover (or 30%) in the 75-250' lakeshore setback zone at the building site, where only 25% hardcover is normally allowed, and grants a variance to Section 10.22, Subdivision 1, to allow encroachment on the average lakeshore setback from the lagoon (or north) side of the building site, subject to the foile—ing conditions: 1. All drainage from the proposed house must be directed toward the lagoon to gain the maximum possible infiltration time and distance. 2. A site grading plan must be submitted for staff approval prior to issuance of a building permit. 3. No future hardcover is allowed on this property in the 0-75' setback zone on the north side of the lagoon. Applicant is placed on notice that fut,ire additions of hardcover at the building site will not 3u, matiially be approved and would likely be subject to removal of equivalent amounts of existing hardcover. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Lowest floor elevation must be 932.5 MSL or higher. 5. Authorities granted by this variance 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 8, 1985). 6. 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. 7. 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. Adopted by the Orono City Council on this 8th day of July, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) Property Owner Spouse (2) Property Owner fl Spouse City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ __ day of 1985 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 To: Orono Council Members JL 8 �:`� From: Mich P. Gaff ron, Assistant Zoning Adminisoltib c ru, Date: June 21, 1985 Subject: #933 Ned Butterfield, 3745 Watertown Road - Conditional Use Permit - Resolution Zoning District - RR-lA 5-Acre Application - Construct a new 40' x 100' Greenhouse List of Exhibits Exhib-t A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Proposal Exhibit E - Layout of Existing and proposed Structures Exhibit F - 1968 CUP for "Non -Conforming" Use Exhibit G - 1970 Survey of Building Locations Exhibit H - Septic System Layout (Approximate) Exhibit I - Planning Commission Minutes 6/17/85 Mr. Ned Butterfield is requesting to add a 40' x 100' greenhouse south of his existing greenhouses on this property. The property now contains a residential house owned and lived in by George Butterfield, and 7 greenhouses plus a service building. The property is approximately 4.6 acres in area excluding the road, in the RR-lA 5- acre zone. The current greenhouse use is regulated by a conditional use permit granted by the City on September 9, 1968 (Exhibit F). The non- conformity recognized at that time appears to be the wholesale and retail sale of flowers. Greenhouses are permitted as a conditional use in the RR-lA district. The applicant notes that retail sales on the property has been reduced to almost nothing (2-3 customers per month). Because greenhouses are permitted as a conditional use, if the wholesale or retail sale of fluders on the property does not increase due to the addition of a greenhouse, this proposed project would not appear to expand the non -conforming use. Do you have any thoughts about the mixed use of the property, i.e. residential home plus commercial greenhouses? Does it make any difference that George Butterfield, the owner of tho property, is not the applicant? He likely does have some interest in the business. If he did not live there, and the house was rented out to someone un- related to the business, would you have a different opinion regarding the use? If the house was not there, would you still consider the conditio_ia 1 use as appropriate; i.e. the greenhouse operation as the defined principal use of the property? These questions don't neces- sarily relate directly to the current application, but are long-term considerations. Planning Commission (lid not specifical ly consider these items in their recommendation for approval. Zoning File 933 Conditional Use Permit Ned Butterfield 3745 Watertown Road Page 2 of 2 The lot size is 4.6 acres in the 5-acre zone. The proposed set- backs, according to the applicant, are about 25' or the same as the existing greenhouses. Do you feel that the side setbacks should be 501, as they are for a principal structure in the RR -IA district, or should they be 10', treating the greenhouse as an accessory structure? Also, note that the new greenhouse must be set back a minimum of 20' from the other greenhouses (fire code) or at least 10' if a 1-hour fire wall is provided. The applicant sees no problem in locating the greenhouse to meet these setbacks. Do you have any thoughts on screening of this property? Do you feel scz !ening is necessary? Note that Subdivision 10.20 (E) states that cc,,tmercial greenrouses may be allowed as a conditional use "provided ; hat) all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot". Exhibit H shows the general location of th, s -tic systems serving the property as far as we know. There appe _o be a tank and drainfield ser-ing the greenhouses, which system aepears locatp-I within the confines of the building. The drainfield location is unknown, and we don't have a good idea as to the level of use of this system, but applicant notes it does not get heavy usage. At any rate, there would appear to be suitable areas of Lester loam soils further south on the ^-op(;ty if this system needs replacement at some future date. Plannin fission unanimously recommended approval of this application,f g: 1. That L proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; 2. That the proposed location of the conditional use and the proposed condition under which it would r- operated or maintained would not be detrimental to the public hei_ith, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, 3. That the prop ,ed conditional use will comply with each of the applicable provisions of the Zoning Chapter. Planning Commission felt that the same setbacks as the existing greenhouses are appropriate, as long as building and fire code standards are met. A resolution reflecting the Planning Commission recommendation is attached. # 3 3 MAY 3 1 1985 ' CITY OF ORONO �J CITY_ OF OR -ONO � GENERAL LAND USE APPLICATION ---------------------------------------------------------------------------- PROPERTY LOCATION Site Address7 Tt Z Property Identification Number (P.I.D.) Please check one - Is the property %` abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name Mailing Address 1� --------------------------------------------------------------------------- OWNER Name A. PA412 Phone 7 3 79 7 Mailing Address "R d-1 LJ S N( Date Property Acquired (month/year) -----I (do) -d- not)- lso own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Instit.i,tional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee sehcdule Other Applications $250.00 Vacation $250.00 Rezoning $200.00 Appeals Other' - see fee schedule ENT USE OF PROPERTY Present Zoning District Present Use..pf Plrgperty Resid,.ntijl _ Other (specify)&a,tj �� F------------------------ RIPTION-OF-REQUEST ' Describe t in detail: ? /n C �� - �— - --------------------- ----------------- ]IRED SUTIMITTALS Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain t)- s liL from Hennepin County Department of Finar:ce A-603 Governn t.nt Cc,-,,,er 34b -71 > Stampec , legal sized envelopes ( O) pre-addre: ­ �:t­each o.i the name on the above list with no return address. 'Certificate _f survey. ICons tru.t ,,. �.. '11L, if applicable. JPlat Map. ------------------------------- [uded ppli--ant and Property r:wner must sigr o:.r applica�( ion is aot complete ii . ----------------- ... Please remember ,rrnat :on has not been 11CAV_. S Slr„ATURF------------------ - . __ - . -- - ------------------------ `pp' , , nt -jel eby agrees *o provide all information i - quired orrequested by =oni Aministrat -, agret.s to pay all fees and/or ur asual expenses incurred :view of '-is application, and certifies th . V► informations supplied is true correct t.a the best of his /her knowledge. if-ant's s.igna' ...)44e_ Date -T— tS SIGN JRE owner hereby acknowledges and agrees to this application and furti . c:izes reasot.able entry onto the r operty by City staff, consultan s, is •. commission me,,,.)ers, and Cwuncil members for pu,-poses of iirvestiga' ion verification of this request. ,r 's s.gnat.re r?-7C;,' l'a t .7 -4� A .G Da F --------------- ------------- / _ _ _ 'giant must have a'.? submittals into the City offices 25 da�-s before the i rig Cummi :;s.on Mev ing- Planninq Commission Meeti:, _s are he-ld on the third =y Of ea . , :ronth. r i......... 4 S42J I ti\ 4 C \ 40 3,d I^ r. 31 � N RUN DATE 05/15/85 HENNEPIN COUNTY PRC '7TY INFOPMATION SYSTEM REPORT NO. PI435401 ^FOPERT ARIERS LIST PAGE 1 BATCH 001 38 05-117-2i 21 OD02 PROP ADOR OWNER NAME JOIIN BURGER ETAL TAXPAYER JOHN BURGER NAME/ADDR 3750 BAYSIDE RD LONG LAKE MN 55356 38 n5-117-23 22 0003 PROP ADDR 03830 BAYSIDE RD OWNER NAME NELL:E M MINER TAXPAYER GREGORY i SANORA MINER NAME/ADDR 3030 BAYSIDE RD LONG LAKE MN 55356 i8 32-118-23 34 0007 PROP ADDR 03685 WATERTONN RD OWNER NAME THOMAS JOHN MAXWELL TAXPAYER THOMAS JOHN MAXWELL NAME/ADDR 3685 WATERTOWN ROAD MAPLE PLAIN MN 55358 38 32-118-23 34 0010 PROP ADDR 03765 WATERTOWN RD OWNER NAME DAVID M KENNEDY ETAL TAXPAYER WARREN F GILBERTSON NAME/ADDR 3765 WATERTOWN RD MAPLE PLAIN MN 55359 38 05-117-23 21 0015 03750 BAYSIDE FD JOHN BURGER ETAL JOIIII BURGER 3750 BAYSIDE RD LONG LAKE MN 55356 38 32-118-23 31 0002 3760 WATERTOWN RD CATHARIIIE A CRAM CATHAl- _ '.RAN 376u ::1TERTCWN RD MAPLE PLAIN MN 55359 38 32-118-23 34 0008 03725 WATERTOWN RD ARLIE 0 THr)RPE APLIE THORPE RTE 2 BOX 48 MAPLE PLAIN MN 55359 TOTAL BATCH 001 00010 38 05-117-23 21 0016 - 03700 BAYSIDE RD M d R HAPRIS MICHAEL P & REBECCA H, 900 SHADY LA E �N 1 MAY 3 1 W WAYZATA MN 55391 11 38 32-118-23 33 0002 03785 WATERTOWN RD JAMES F BROOKS JAM,ES F BROOKS 3785 WATERTOU!I ROAD ORONO MN 55359 38 32-118-23 34 :i9 03743 WATERTOUN RD G F BUTTERFIELD ETAL GEO F BUTTER.FIELD 3745 WATERTOWN RD MAPLE PLAIN MN 55359 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE PEPRESENTATION OF INFCGMATION AS IT APPEARS THIS DATE Otl THE RECORDS OF THE HEHNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNC:.ILEOGE AND BELIEF. A I i DAl E 4 ' , BY r (\ r ^%1• lIi ..� .:.:^tic . :>:.:i � T•'�� ��c 'c� r T., C•: �rall Lct Fi• a - 1,)291 19f.. 51 r: i d th {=1. =E 1 X c.71 - C'ma-anhouse ?+ y 5-01 _ f .-o3nhcuce #4. 2:' X 7NS - iraar.hou.e #5. 241 X :.1 - Greer.ho,.is. ##£. 201 X 1101 - Greenhouse #7. 201 X 1111 - Greenhouse #P-. 401 Y 1)')1 - -�ro-,.osBd Graentousa Adc;ition ##9. FervicB i;uildlnE. #{11. souse Rn FTTQTlr • V a 0a ar %P � Date --r- ife rc : Case No. Lo L{ VILLAGE OF ORONO For Nua-Coafori:iinl! if;c Crystal Bay, Tlinnesota (Complete in Duplicate) This form to be used in all applications for conditional use permits and for rezoning, dividing or consolidating parcels of land, vacating streets, alleys and variances. Type of Application L,,- ,;t.� u ;JaJ-LL&UDate_ Owner of Property: NamePhone No. Address 37^5 Wa_trrtcovn Rc.,W Applicant (other than owner): NamePhone No. Address Relationship to Owner — ,73-4?14 Engineer: Name—�__—_— Phone No. Land Planner: Name Phone No. Subdivider: Name Phone No. Location (How do we find Legal Description: Lot 32, iil. 1 , Plst 13.i2, Parcel 4500 Date Acquired Area (sq. ft.) 4 Ac. Separate Ownership -- Single Owaaers:iip Date of last division of this property `---- _� Do you own any adjoining prcperty? —,---- , Action Requested_ Xor:-Confvra,:in:, Us%Fc-rnit_or nursery Signature of Applicant RECORD OF ACTION TAKEN Date Action I Inspection Dept: /3 L;,�� Administrator: Village Council: �,, Village Engineer:.� .�/ xa Village Attorney: Planning Commission:��/✓✓✓ _ Village Council: r;25;- nnnvor Permit Issued: Date SEP 1 3 1966 Condition of Non -Conforming Use: Sholes"lc an,l r c:t:aii flue ur ; ,,,ar .icr(�- total. Or:e ,acre [sir preen - houses and parkila,. vt,,Op `/t'E'YNP2nGi .ti THIS ITEM HAS BE r,ti t•� N M Y - - ICNUPILIKED to \ J►CCti �IOViCi '� Sk-tch for CPorp- F. Fitt-rfi-ld of prrt of O"Outhwist 1/4 of =mac' ion 32-118-23 ^ho,,:in.- Proposed subaivision Scala 1" = 1(r, DAt- : 2-2-70 I:ot? . Niltjini loc--Lions er- AFproximAt,!, o nd Are "-m n sketch by ".nrr !Ick opt-d )-14-62. Gordon P. Coffin, :.nnc aurv,;.,o- LonF LAkq, Minnnsots "nor rvwN ' LOCATION INSPECTION RECORD PUMPOUT RECORD I SKETCH 1 � DATE COMPLIANCE DATE GALLONS I "' / 1► h /Z SCE `Mo�sEs 2_23 f3Z. .Sao a���► i 1 ' .�-, � 3 Lr- I ' 1 �I i 3i le Is Include: 1) Well location 2) Distance from house • septic tanks, dist. box and drainfield C — CONFORMING S — SUBSTANDARD N — N'INCONFORMING 3) North arrow and road %/!rVAf C ( r tpj0"-r ort)127— p ItJ ! %�CK W 6 ^Co City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (E) FILE NO. 933 WHEREAS, Ned Butterfield (hereinafter "the applicant") has an interest in the property located at 374: Watertown Road within the City of Orono (hereafter "City") and legally described as follows: The east 196.5 feet of the weep 392.98 feet of the southeast quarter of the southwest quarter of Section 32, Township 117 north, Range 23 west of the 5tY principal meridian, Hennepin County, Minnesota (hereinaf—r. "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit the construction of a 40' x 100' commercial greenhouse per Municipal Zoning Code Section 10.20, Subdivision 3 W. FINDINGS 1. This application was reviewed as Zoning File No. 933. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. On June 17, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that: e ) A commercial gtcenhcuse operation has existed on this property since prior to the 1967 zoning code. b) The City Council formally recognized this commercial greenhouse and wholesale/retail commercial flower operation through a non -conforming conditional use permit dated September 13, 1968. c) The retail sale of flowers o:. the property has nearly ceased to exist in recent years. The whole- sa le/retai 1 sa le of f lowers on the propertv wi 11 not increase as a result of the additional greenhouse structure, hence, this is not considered as an expan- sion of a non -conforming use. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. d) The property is 4.6 acres in area in this 5-acre zoning district. e) The new greenhouse will be located 25 feet from the side property line, in conformity with the existing greenhouse structures. f) The City has no complaints on file regarding the use of this property for a commercial greenhouse operation. 4. The City Council has considered this application in- cluding the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the construction of a 40' x 100' greenhouse will not be detrimental to the health, safety or :!--�nera 1 welfare of the public, would not adversely affect li23ht, air nor pose a fire hazard or other dang,_r to neighboring properties, nor will it depreciate surrounding property values and the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the Ci*,,, CONCULSIONS, ORDER AND COh"LosTIONS Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdiv.. ion 3 (E) to permit the construction of a conur,: r .,*_al greenhou! subject to the following conditions: 1. The greenhouse structure must meet all Building Code and Fire Code Standards, including the 20' setback from other greenhouses if no 1-hour firewall is provided. 2. The structure shall be set back the same distance from the east side lot line as the existing greenhouses (approximately 25' ). 3. Vj 'ation of or non-compliance with any of the items and condi• ns of this resolution shall constitute a violation of th Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 4. The ur.'Frsic ed owner has read, understood and hereby agrees to '_he t ms of this resolution and on behalf of himself, 1-.Ls he_. , successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of June, 1985. ATTEST: Dorothy M. Hailin, City Clerk Mary C. Butler, Mayor Property Owner(s) Property Owner(s) Page 3 of 4 City of ORONO RESOLUTION OF THE ^ITY COUNCIL NO. STATE OF MINNESOTA ) 55. COUNTY OF HENNEPIN ) On this day of , 1985 before me a Notary Public within and for said county, p�>rsonally appeared known to me to be the person(s) described in and who executed the forggoing ins'-•-ment, -ind acknowledged that he (they) executed the same aE. his (their) free act and deed. NOTARY PUBLIC CO,'AISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) nn this day of _ , 1985, uefo::e me a Notary Public within and for said County, personally appe',-.red kr-Dwn to me to be the person(s) described in and who executed ..ir for ,oinginst•-••ment, and acknowledged that he (they) executed the sairt his (their) free act and deed. NOTARY PUBLIC MY COMMtCSION EXPIRES Page 4 of 4 COUNCIL WETING TO: Mayor and City Council ` , JUL 8 10as FROM: Mark Bernhardson, City Administrator P, I 'Au of 41. DATE: June 27, 1985 SUBJECT: Ordinance Interpretation - "Farm (Stock)" As you are probably aware there are a number of farms within the rural section of Orono that have in the past and continue to raise animals including horses on a varying number of acres. At present the zoning ordinance permits all farms in existence prior to January 1, 1975 to continue operations subject to the following conditions: Section 10.03 Subd 18A - "No new "stock farms" shall be created or existing stock farms enlarged more than enty-five percent (25%) in animals over one year old except under the provisions of a conditional use permit. In considering any such permit, the maximum number and type of animals to be kept shall be determined. The site design and method of operation shall be reviewed and the Council shall find that the proposed "stock farm", if in existence, will not in its opinion be detrimental to the public safety and the general welfare." In addition the Zoning Code defines stock farm as: Section 10.02 Definition 26 "Farm (Stock)" - A parcel of land comprising an area of ten acres or more that is used to house and feed six or more animals or for the raising of food. Any of Lhe following activities would individually require a -unditional use permit: - Recreational areas including riding stahles (10.20 Sub 3F) - Farms (Stock) in existence prior to 1975 that have increased the amount of livestock by more than 2574 (10.03 Sub 13A) - New Farms (Stock) which require a minimum of 10 acres (10.27 and 10.�8 Sub 3B) The Zoning Code per RR-lA and RR-1B districts do permit as an accessory use, Section 10.28 Subdivision 4A (refer to Section 10.20 K) animals to be stored, however this is limited to the keeping of domestic animals including horses for the use of occupants on the premise. It also states some minimums regarding the amount of open pasture available to allow that. (1 horse - 2 acre minimum + 1 acre for eac additional horse. For other animals 1 cow/steer, 1 donkey, 3 sheep or 50 fowl = 1 animal unit.) The Zoning Ordinance also defines: Section 10.02 Definition 65 "Stables and Barns - Private" - A building or structure used or intended to be used for housing horses, mules, donkeys or ponies belonging to the occupant of the property, and kept for nunco: rcial purposes. (Should not be located less t'',a,n 1_ ) feet from the nearest lot 1 ine.)and Definition 66 "Stable or Barns - Public" - A building or structure used or intended to be used for housing of horses, mules, donkeys or ponies which are owned by those other than the occupant of the property, where animals may be rented for a fee for riding purposes or where riding lessons may be provided. While these definitions are included in the Zoning Ordinance they are never specifically listed or identified with any zoning classification as either a primary, conditional, or accessory use. The issue for clarification is the threshold at which :operties falling within this farm (stock) exemption wi 1 1 be required to get a conditional use permit for uses other than the strict raising of livestock. , It is indicated we do have stock farms which predate the 1975 ordinance that had at the time or ha v,- taken on some of these, additional functions. As an example if a farm: A) has at least lg acres, B) was a stock farm prior to 1975 and not expanded more than 25% of the animals and C) which in part is storing or keeping horses that are not owned by the residents. A.) Should any or all of the following be permitted under the farm (stock) exception - Riding Stables/Academy - Renting out or boarding of animals above a specific number (In the Thompson application they were required to get a variance for "the purpose of breeding, training and sale to the public" 9/84) - Increasing the number of animals kept on the farm above 25% of those in 1975 - Holding of events on premise on more than a once per year basis that exceed 50 people in gathering - Bringing animals to the site for breeding commercial purposes - Exceeding the ratio established for animials to pasture (2 acre minimum for one horse and one additional acre for every horse after that) (It should be noted that the Police department has indicated they have had "horse problems" where adequate (not necessarily at 2 acres) pasture has not been available) - Selling of animals onsite - Processing animals and sale of commercial products derived from the primary usage - Combination of any or all the above - Impact of having less that 10 acres (It may requite a variance) B.) Or is it your underst.inding that this exception applies only to th.- raising of horst-s within the following perime:tots: - At least a minimum of 10 acres - There are no accessory uses permitted apart from the actual raising and boarding of :he owners horses i.e, no sales of tack, no training lesscns and etc. Based on the direction from Council, Staff will: If only B.) is correct then approach the various residents in the community who possibly exceed these perimeters. If you allow all or part of A.) then we would propose a Zoning Ordinance amendment that would specifically state which uses are permitted under the exception. Should you have further questions or comments please feel free to contact me. Recommendation It is recommended that any usage by these farms that entails the actual sale of service or commodities and services on sites exceed the intent of the exception and should be done pursuant to a conditional use permit. Cl�'FiLWETING JUL 81085 TO: Mayor and City Council C.��� FROM: Mark Bernhardson, City Administrato i (r6 OF N 0,40 DATE: July 5, 1985 SUBJECT: Zoning Ordinance Issues - 6/24/85 As a follow up to discussions last time on the various points raised this memo is submitted to summarize what we as staff felt Council direction was. A. Hardcover - Please see memo for next item B. Non -Conforming Structures Within 0-75 - Understand Council desires to see all of these items as a variance except for the possible exception of the suggested lock boxes four feet high not to exceed 20 square feet which could be incorporated as a zoning ordinance exception. C. Amended Fees - Non -Conforming Sturcture - Retain fee based on staff time and expense involved. D. Non -Rental Use of Available Slips at Residential Docks - Absent issuance of a joint dock use permit, (which presently is required for more than 2 persons sharing a dock.) all boats legally tied to docks must be registered to the resident. (Apart from' temporary usage) (This will require ordinance amendment.) E. Use of Temporary Second Residential UniLs - Development of permit process at staff level to allow use either of an existing residence or mob i 1 home on a lot as a temporary measure during construction of a new principle structure to be removed prior to issuance of a certificate of occupancy/or a certain date. F. Tree Removal Permits - Ei0 er by ordinance char]e or resolution 1. Delegation to staff of tree removal permits 2. Establishment of a fee for such. These will be brought back in August G. Docks 1. Canvass structures are not considered to be a problem from a hardcover standpoint as long as appropriate setbacks are in force. 2. The issue of a dock becoming a deck wi 1 1 be addressed under hardcover H. Lake Shore Fertilization This will be explored with Dr. Hansen in addition to the issues relating to lake quality generally and also alteration of wetlands. Should you have further questions or comments please feel free to contact me. / G_ $1NGi JUL 8 1995 TO: Mayor and City Council , /CI Y OF MONO FROM: Mark Bernhardson, City Administrato��`�t� DATE: July 3, 1985 SUBJECT: Hardcover Discussions As presented to the Council at the last meeting there was discussion on hardcover that focused on two primary points, the first point: - A. Review of existing hardcover standards in an effort to determine for both staff, Council and residents, guidance as to what is or is not hardcover. - B. The second issue was how to handle trade-offs for any hardcover in any of the three zones which were above the permitted percentages. In relationship to the first issue the City has contaced Dr. Hansen of the Freshwater Biological Institute. Dr. Hansen has indicated he does not feel his area of expertise lies in the area specifically of hardcover but rather in the area of how any run- off impacts the ecological balance in the lake. Jeanne Mabusth, Glenn Cook and myself have discussed items which are considered hardcover together with items that based on that have been determined to be non -hardcover in the past together with certain items that may or may not be considered hardcover based on their performance. In this discussion it was felt we should look at the basics regarding hardcover and run-off and develop a "model" and base line information from which to work. The elements for such a model would be as follows: a.) Topography - Slope - Contours and Drainage b.) Surface Permeability - Ground Cover - Material (Soil) Type - Level of Saturation - Interaction with Surrounding Surfaces c.) Precipitation - Quantity - Intensity Any run-off from such lands have three principal effects: - Carrying sediment and nutrients (principal ly phosphorus) in the lake - Supply water to the lake - Possible impact on the recharging of the aquifer (this is a function of the precipitation in the watershed which is evaporated (2/3's) and also the interplay between the lake and the aquifer.) We are presently attempting to determine information necessary to develop the base line case for the various variables to help guide our discussions in the matter. Once a base 1 ine has been developed we hope then on a case by case basis to determine whether specific items improve or worsen the situation from the base line case. As for a means to separately handle trade-off since often '-imes the properties in which trade-off is discussed are all ready in violation of the hardcover as they probably did not have previous variance to be above subject numbers, we are exploring having a proforma variance process which if they are below say 30% hardcover (75-250) they would just go through the Planning Commission and Council as consent agenda items at a significantly reduced fee and only if either of those bodies wish to remove then from a consent agenda would they be discussed. Further discussion on this item will be hoped to be brought back to the Council at their August 5th meeting. /j /3a , Rom, �4,�� & �4". , 9.c. �- -- - O .c335 *4 9.. _4 #.qA.. 36 Sr. na..4 Af--...m 55113 PA.,..- V2 - 636-4600 July 5, 1985 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Mr. John Gerhardson Re: Willow Drive Overlay Old Crystal Bay Road Overlay Our File No. 13922 Gentlemen: 16 Glenn R. far4. P E ruh A Gordon. 111. £ Noes. P.f' ROW,$ M Mnsrwr.� ! v shad M" Famm P £ Jusrph , Andr.l,t, /' f. Rohm G &humrhr. P ! Rrodlr;V * ` S--a. P E rdon. RnAar P h.� Bu.,. .PE uP.f Mar! A. /lemon. P E 7rd X. fold. P £ hhrhaN T Rewmw.n. P E. Rotwr R PJdJrrk, P F. Lrar,d D Losiura. P E. (hadri A. Enrhson I.ro M Pa. Nstr //arhrn A/ Mon We have reviewed the bids received on Friday, June 28, 1985, for the road overlay project noted above. A total of eight (8) bids were received for the project with the low bidder being Wm. Mueller and Sons, Inc. The five low bidders for the project were as follows: r-1h —rh— Wm. Mueller & Sons, Inc. Buffalo Bituminous, Inc. Northwest Asphalt, Inc. Alber Construction, Inc. Bury 6 Carlson, Inc. Base Bid $232,826.74 $231,182.OU $254,178.40 $266,364.40 $270, 148.00 The engineer's estimate for the project was $270,000.00 We are unaware of any condition which would indicate the low bidder to be non -responsive or non -responsible and, therefore, recommend that the contract be awarded to Wm. Mueller and Sons, Inc., in the amount of $232,826.74. Yours very truly, BONESTR00, /R�OSENE, ANDERLLIIK b ASSOCIATES, INC. Michael C. Lynch MCL:kf 0-8982c Jtl261 CITY OFORONO Cob��1j�. �3y�ET1NG .,I 1J TO: Mayor and City Council FROM: Mark Bernhardsor�`►t' DATE: July 5, 1985 SUBJECT: Cable franchise Expenditure Report As you may recall the City of Orono submitted to the Lake Minnetonka Cable Commission a bill for all of its expenditures related to the cable T.V. franchasing process from the time cable was first considered by Orono until the franchise was finally granted to Dow -Sat. This bill was submitted to the Commission for consolidation back in August of 1984. On May 1, 1985 the Commission took these consolidated bills and submitted them to Dow -Sat for a consolidated bill of $49,@51.43. Dow - Sat responded with a check for $42,713.82 indicating that the balance of the bill was in dispute as there was some items specifically from Orono and Minnetonka Beach which they felt were not appropriately billed to them. In dispute are the monies that the communities expended prior to the joint powers agreement for the Lake Minnetonka Cable Communication being formed prior to which Orono and Minnetonka Beach specifically had expended monies for a needs assessment. It is the apparent position of the Commission Board that they will not accept this check and that Dow -Sat has either to submit a check for that amount indicating that it is only a partial payment and then negotiate with Orono and Minnetonka Beach regarding the balance or payment of a check for the full amount. On July 3rd I spoke with the representative from Dow -Sat who indicated to me that they are willing to pay whatever the appropriate amount is and will pay the balance to Orono and Minnetonka Beach, if in fact that was part of the agreement. The issue regarding these monies may not necessarily be so much with Dow -Sat as it is a dispute between the memebers of the Cable Commission. It has been and remains Orono's position that these items were appropriately submitted and should be paid by Dow - Sat. It is the contention however, of at least one member of the Commission that Orono understood prior to entering into LMCCC, which was a new joint powers formed from two previous joint powers, all exper,litures by Orono up to that point would not be part of the bill sent to the sucessful franchisee. Presently I am reviewing appropriate documents including minutes, the joint powers agreement, request for proposal, and relevant ranchise contracts/ordinance. Based on a review of at least the joint powers agreement there seems to be no bar to Orono collecting the .entire amount, as the language indicates only that a bill we submitted be foL all monies expended in the franchising process. It is my intent to discuss this Further with Dow -Sat this next week in hopes of resolving this to Orono's satisfae-tion. Should you have further questions or comments please feel free to contact me. To: Mayor Butler, �t�h�!,x.+y y. 'ETING Mark Bernhardson, City Administrator Orono Council Members 4 `IL 8 1-5 From: Jeanne A. Mabusth, Zoning Administrator �$g,`; r oaf : �� � 1.'•r.'A� Date: July 5, 1985 Subject: Compliance Action Status - Chaska Marina and North Shore Drive Marina A) Chaska Marina Dunn has been advised that the Marina Committee will not review the Marina's use of the residential lots to the south. Dunn has received land use applications that he has agreed to file by the deadline for the Planning ,Commission meeting of August 19th. He has been advised that the mixed use of commercial and residential, par-.ing, use of 75' lakeshore area and other limitations of property must be addressed by the Planning Commission. I have advised that he should probably submit both summer and winter site plans for discussion purposes. Dunn has also been advised that he will be tagged if he fails td'riieet filing deadline of August Planning Commission meeting - July 26, 1985. After the July 8th meeting I will reconfirm the threat of tagging per Council's directive. B) North Shore Drive Marina Staff met with Larry Hork on July lst. His house boat "the Godfather" was the only boat tied to the east side of dock. Hork advised theooat tied at fuel dock area was picked up for County (Water Patrol) and to be towed via one of their tow trucks to a Hennepi County Violation parking area. The other boat was temporarily parked there for a matter of houon that same Sunday. He has been advised that the dock use area �jrr�?.er #ast side cannot be used by his customers. Hork claims his attorney, Bruce Douglas has received oral confirmation from LeFevere, attorney for LMCD, that per LMCD Section 3.02 (see Douglas letter attached) a variance is r,�t required because this is a mutual agreement between a commercial user anR' residential user. The code does not distinguish. Neither has the City ever distinguished in the past: 1. Windward Marina residential property on north side commercial property on south side 2. Chaska i;arina residential approval on both east and west lot lines .. I would suggest that the Marina Committee review the need for the side setback variance and if approved use the wri*ten approval of the neig}-' -)r b t..••it•��u• r t..J ..gpr�,i �.� n a l only to o n e b o w - stored f e c t f r6 m s' r out if neighbors view, etc., a c. " °��+'..r"�M�slr•�.+-� Orono has always reviewed these requirements for reduced dock setbacks as variances with Marina license application. Each year, we ask for an updated letter from affected property �-,wners that substandard setback continue _!& meet their approval. VA Per your directive, staff will reconfirm in writing City's Policy, regardless of LMCD's position, and request a setback variance revi,-,i with 1985 license review. f1AVCF c DOUGLAS J014N A. TAFT GLENN P. IMUDER BRADIEYW ANDERSON June 25► 19P�- Mr.Frank Mixa Exccuti ... Director Lake Minnetonka Conservation District 402 East Lake Street Wayzata, MN 55391 Dear Mr. Mixa: TQLEPHC`NC ,612j 930•6525 Re: North Shore Drive Marina I thank you for your letter of June 12, 1985. The reason Mr. Hork docks the houseboat in its present location is because both Mr. Hork's wife and Mr. Hork's brother are seriously handi- capped and it would be impossible for them to continue to regularly enjoy the use of the houseboat if it was moored at another location at the marina. The boat is moored in its present location because that is the most convenient dockage for those individuals. Apparently only one person living around North Shore Drive Marina has any::problem with the present mooring of;tPe houseboat; other neighbors have never complained about the dockfing of the 'goat, indeed, most have stated to Mr. H6'rk that the boat cannot even be seen from the neighbors' windows. Mr. Kork's position on this matter is that=he is complying �ith the recgyired side site setback requirements ap mandated by 'poth the LMLPD Code and North Shore Dri*e Marina'&4985 LMCD license. However, even if it is the LMCD's position that the docking of the houseboat violates the LMCD's Code side site setback requirements, I note that I.MCD Code Section 3.02, Subd. 3(a), allows adjoining site owners to mutually agree to a�.just side site setback requirements mandated by the Code. PurEuant to that provision, I hereby submit to the LMCD a copy of an agreement between Larry Hork and Mr. and Mrs. Ronald Millard, the owners of the property adjacent to North Shore Drive Ms;ina. In Mr . Prank lhlixa June 25, 1985 F'age 2 that agreement, Mr. and Mrs. Millard have agreed to adjust the side site setback requirements in whatever manner may be necessary to permit the present docking of the houseboat. I trust this will resolve the matter and I thank you for your efforts in its resolution. Very truly yours, Bruce C. Douglas BCDjdh Enc. cc: Larry Hork , TO: Mayor and City Council l� h FROM: Mark Bernhardson, City Administrator\� DATE: July 3, 1985 SUBJECT: County Road 15 COUNCIL r�-'ETING JUL 8 1335 This is written to inform you that the County has contacted us and it is presently anticipated that the State Variance Board, that is reviewing the variance for County Road 15, will be on a bus tour of the area on July 16, 1985, at noon. Should any Council member desire input for this tour please let me know. TO: Mayor and City Council ork ONO \� FROM: Mark Bernhardson, City Administrato DATE: July 5, 1985 SUBJECT: Highway 12 Corridor Study Attached please find the revised plan layout submitted by John Shardlow for consideration of the Highway 12 corridor study. This plan is a result of discussions that Jeanne Mabusth, John Shardlow and myself had based on his initial submission. As you may recall the initial plan had an estimated bill based on time and materials of between $18,000 and $26,000. As you wi 11 note cost range when all phases are added together for the study is between $12,100 and $15,300. The discussions resulted in two major changes to arrive at this figure. The first change was discussion of the process and assignment of responsibilities within the various phases to staff that previously were to be done by the consultant. The other major change in the original proposal based on this realignment of responsibilities and a phased pricing structure being established with insertion of Bo- no go decisions at the end of each phase. The utilization of the consultant in this, as in any study, is to assist the staff either when they do not have the time to undertake such a study or do not possess the expertise to go through such a process. At present the staff does not feel that it possesses all the expertise needed, however we feel very confident that we were able to carry forward portions of the study. It is intented that one of the results of the study will be to upgrade staff's expertise having gone through this process with the consultant. The other significant issue is the time frame in which the Council wants this accomplished. The proposed split between staff and consultant and the price the consultant has quoted is predicated from staff's standpoint on completion of the first four phases by early next year. It is staff's feeling that the process laid out by Mr. Shardlow is an excellent one and provides for the appropriate public input should the direction of the Council ultimately wants to go with Highway 12 area require changes in our Comprehensive Plan. The phased approach allows Orono the option of deciding at the end of each phase whether it is appropriate to explore it further and also the dependent on time and expertise that a different split for the next phase between staff and consultant will be allowed to happen. As you may be aware this is an item that has not been budgeted for in 1985 and as you will note in item number 26 there are other items that we are recommending for expenditure of contingency funds for 1985. Funding for such a study could either come out of the City's fund balance for 1985 or at least in part the study could be funded out of the 1986 budget. RECOMMENDATION It is staff's recommendation that this study be undertaken as a comprehensive look at the Highway 12 corridor is appropriate at this point so that Orono will have appropriate development controls based on this comprehensive review of the area before development pressure in the area is heightened by I-394. Additionally it is recommended that the study be accomplished with the first four phases being done by early next year so that any result in changes in the Comprehensive Plan can be completed and development proposals be reviewed prior to construction season for 1986. Further it is recommended that the funding be taken out of the fund balance for 1985 and that this be at least in part made part of the 1986 budget. Should you have further questions or comments please feel free to contact me. —CQnSuISiP9 Pla-nnes; _ One Grove -land Terrace 612)377-3536_,- �- — ---_---------_—Minneapolis -- - - --- -- - -- - - ------Minnesota 55403 - Dahlgren, Shardlow, and Uban/Incorporated 28 June 1985 Mark Bernhartsen, Administrator City of Orono 1335 Brown Road South Orono, MN 55323 Dear Mark: Attached is the revised contracts to begin the Highway 12 corridor planning study. I really scrutinized the work in every stage, anticipating the maximum participation of City staff. In the phases where I will not be assuming the lead role, I estir.iated the minimum amount of time which would allow me to revL,�w and comment on the work done by staff, and attendance at the meetings. I }, ')e that the distribution of responsibilities matches your expE-Lations. If not please let me know and I will revise accordingly. I look forward to hearing from you. Sincerely Yours, John . Shardlow, AICP Vi resident _-comulting_Planners __One Groyeland-Terrace (612)a77 3536 Minneapolis_ - ---- -- — -. - -Minnesota 55403-.. - ---- Dahigren, Shardlow, and Uban; I ncorporated 28 June 1985 Honorable Mayor, City Council Members City of Orono 1335 Brown Road South Orono, Minnesota 55323 CONTRACT FOR PROFESSIONAL PLANNING SERVICES AGREEMENT entered into today by and between the CITY Oc u:;ONO, hereinafter sometimes called CITY, and DAHLGREN, SHARDLOW, AND UBAN, INC., hereinafter sometimes called CONSULTANT, relating to the employment of the CONSULTANT as follows: OBJECTIVE OF SERVICES The objective of the CONSULTANT'S services will be to assist the CITY in the process of reevaluating its Comprehensive Plan, Zoning Ordinance, and other official controls, as they relate to the development of the Highway 12 corridor. The Study Area has been approximately determined, through consultation with the City staff, and is illustrated on the attached figure. In facilitating the study, the CONSULTANT shall prepare a series of alternative development patterns and scenarios, including a critical evaluation of the problems and opportunities associated with the potential of providing public sanitary sewer to all, or a portion of the Study Area. The purpose of this effort will be to provide the CITY with the information which it will need to make these important decisions. Once the Study has been completed and tale preferred alternatives have been selected, the CONSULTANT shall assist the CITY in modifying its Comprehensive Plan, Zoning Ordinance, and other official controls to implement the plan. The purpose of this portion of the work will be to insure that the CITY'S official controls are specifically designed to accomplish its goals and objectives for this area. CITY OF ORONO SCOPE OF SERVICES Page 2 To achieve the abo- stated objecti•,es, the CONSULTANT proposes to perform work in , series of phases. The work outlined below will be the shared responsibility of the City staff and the CONSULTANT. In each of the sections which are addressed below the eGREEMENT sets forth who will be principally responsible for completing the work. The CONSULTANT will, in all cases, be available to provide advice and guidance to the City staff on those elements which are the principal responsibility of the staff. Although there will inevitably be some overlap of certain tasks within the various phases, it is recommended that the work be completed in the following gener-.1 sequence. The work responsibilities referenced below have been identified through consultation with the City Administrator and are subject to change as situations develop throughout the process. Phase 1 Inventory and Analvsis 1. Secure necessary base information pertinent to the development of base maps, to include the following items: section maps, aerial photography (1984 Mark Hurd photography of entire corridor, 1"=400'), soils information, existing topographic information, vegetation, land use, and zoning maps. This will also include locations of utilities and easements as may be available. 2. Prepare study base maps and exhibits for review and discussion with the Planning Commission, City Council, and other interested parties. 3. Summarize the findings of the investigation in a report, with particular attention to explaining problems and opportunities which have been identified. 4. Prendre and give a presentation of all of the above at a Planning Commission workshop meeting, and subsequently, assist the Planning Commission in presenting this material to the City Council, at a joint workshop. LEAD ROLE: Completion of the tasks outlined in Phase One above will be the principal responsibility of the CONSULTANT, with the support and assistance of the City staff. CITY OF OPONO Phase 2 Goals and Objectives Page 3 1. Based upon the information and research included in 1 through 3 above, and the input from CITY officials in the workshop meetings, the City staff shall prepare a preliminary set of goals and objectives. 2. Preliminary goals and objectives will be distributed to Planning Commission members in advance of the next scheduled workshop meeting. The CONSULTANT shall attend the workshop meeting and serve as a resource during this meeting. 3. Based upon the discussion at the workshop meeting and the preferences of the Planning Commission, the City staff will revise the preliminary goals and objectives and distribute them to the Planning Commission and City Council, for review at a joint workshop meeting. 4. The CONSULTANT will attend the joint workshop meeting and serve as a resource to the City during this period. 5. Following this joint workshop, the City staff shall draft a final set of goals and objectives, and incorporate them into the Study report. LEAD ROLE: The City staff shall be principally responsible for the work ou.lined for Phase two above, with the CONSULTANT serving in an advisory capacity and attending meetings as a resource person. Phase 3 Review and Analysis of Alternative Plans 1. When the goals and objectives have been developed, the CONSULTANT will prepare a series of alternative land use plans for the Study Area. These alternative plans will be transmitted to the Planning Commission, along with a memorandum summarizing the key characteristics, problems and opportunities associated with each. 2. The CONSULTANT will attend the next scheduled workshop meeting and present and discuss the alternative plans and the memorandum. 3. Following the Planning Commission workshop meeting, the CONSULTANT will refine the alternatives, prepare additional alternatives (if needed), and update the summary memorandum. This material will then be transmitted to both the Planning Commission and City Council for their review prior to the next scheduled joint workshop meeting. CITY OF ORONO Page 4 4. The CONSULTANT will attend the next scheduled joint workshop meeting and present and discuss the alternative land use plans. 5. Following the joint workshop meeting, the City staff will complete a written summary of the review and analysis of alternative plans for inclusion in the Study report. LEAD ROLE: The CONSULTANT will be responsible for preparing the alternative development plans identified in this section a,id for presenting them to the Planning Commission and City Council. The City staff will be responsible for documenting this process and completing the section of the Study Report summarizing this phase. Phase 4 Refinement of Selected Alternative, Development of Final Plan 1. Based upon the consensus developed at the conclusion of Phase 3 above, the CONSULTANT will refine the selected alternative plan. Depending upon the level of agreement regarding the selected alternative, the refined alternative will either be presented to the Planning Commission at a workshop, or the process may skip directly to a joint workshop meeting with the City Council. 2. Following the refinement of the selected alternative, th:,, final plan will be prepared, along with a written summary of the process which transpired to arrive at it. 3. When the final plan is ready, the CONSULTANT will prepare a summary presentation of the entire process, to be given at a public hearing at the Planning Commission level. 4. Following the recommendation of the Planning Commission, the CONSULTANT will attend the City Council meeting, at which final plan approval is to be considered. LEAD ROLE: The CONSULTANT and the City staff will share the responsibility for the completion of this phase of the Study. The CONSULTANT will complete the graphic portions of the product and the City staff will prepare the written portion c,f the Study, with the advice and counsel of the CONSULTANT. Phase 5 Implement;-ition 1. When the City Council has accepted the final nlan and has approved it as the official direction which the CITY wishes to take in the future development of this area, the City CITY OF ORONO Page 5 staff will prepare the necessary amendments to the Comprehensive Plan, Zoning Ordinance and other official documents to implement this plan. 2. Both the amount of work and the specific nature of the work in this phase will be dependent upon the nature of the chosen plan. The City staff will prepare written summary materials for review and discussion at both the Planning Commission Pnd City Council meetings (or joint meetings). The CONSULTANT will attend these meetings to assist the public officials in this process. 3. The CONSULTANT will be available to assist the CITY in processing a comprehensive plan amendment through the Metropolitan Council and to assist the CTTY in dealing with any State, or Regional agencies which may be effected by the plan. LEAD ROLE: City staff with support from the CONSULTANT. PRODUCT TO BE PROVIDED The CONSULTANT shall provide the CITY with written and graphic materials as may be required during the Study process. Board mounted, color rendered exhibits will be prepared, along with slides for purposes of public presentations. INFORMATION TO BE FURNISHED BY THE CITY The CITY shall be responsible for providing legal, engineering, and surveying services as may be required. The CONSULTANT shall 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. PUBLIC MEETINGS, PUBLIC HEARINGS, WORKING MEETINGS The estimated cost which follows is based upon the assumption that to coi ate the proposed study numerous public meetings and workinf tings will be required. It is anticipated that at least f and perhaps as many as ten working meetings will be held w► the City staff, and at least two meetings each with the City Attorney and consulting engineer. In addition, based upon the process outlined above, at least eight public workshop meetings will be required, as well as a minimum of two public hearings. CITY OF ORONO COMPLETION TIME Page 6 The work outlined above will begin immediately upon receipt of the executed contract and will be completed as expeditiously as possible unless delayed for reasons 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 ,inety (90) days at the request of the CITY, the CONSULTANT reserves the right to renegotiate the contract to account for rising costs before resuming work. Because of the significant public involvement in the process, the actual time required to complete the study will be, in part determined, by the meeting schedule which the Planning Commission and City Council are comfortable with. Based upon the assumption that the Planning Commission will hold monthly workshop meetings throughout this process, we estimate that the Study will take between five and seven months to complete. COST OF SERVICES Because of `he nature of the study we propose to bill for the cost of our services on a time plus materials basis, with an estimate. We will undertake only that work which we feel is essential to complete the study and we will not undertake work which is not authorized by this AGREEMENT, without the prior consent of the City Council. The cost of our services will be billed monthly in accordance with the Standard Rate Sheet attached hereto. Based on the process -,,itlined above, the minimum costs to assemble and produce maps, and assistance from the City Staff wherever possibl „hroughout the study, the estimated costs of services are summarized by phases below. In each case, these costs are presented as a range, and the actual costs will be determined by the circumstances which arise during the course of the Study. Phase One: Three Thousand Nine Hundred Fifty Dollars ($3,95�.00) to Five Thousand Dollars ($5,000.00) Phase Two: Five Hundred Dollars ($500.00) to Seven Hundred Fifty Dollars ($750.00) Phase Three: Five Thousand Two Hundred Ten Dollars ($5,210) to Six Thousand Dollars ($6,000.00) CITY OF ORONO Phase Four: Page 7 One Thousand Seven Hundred Sixty Dollars ($1,760.00) to Two Thousand Five Hundred Dollars ($2,500.00) Phase Five: Seven Hundred Se% Dollars ($770.00) to One Thousand Fifty Dollars ($1,0t,0.00) This estimate does not include any costs which might be incurred in the process of processing a comprehensive plan amendment through the Metropolitan Council. This work would be the subject of a separate estimate, prior to the commencement of that portion of the Study effort. The CITY will have the option of terminating or re -directing the Study at the conclusion of any of the phases described above. The cost of the services outlined above will be due to the CONSULTANT upon receipt of an invoice showing the work completed and the cost of said work. To each invoice not paid within thirty (30) days shall be added a service charge of one and one-half percent (1.5%) per month for each month delinquent. CITY OF ORONO TERMINATION Page 8 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. oward Dahla!renL/ President John/y. Shardlo`W, A Vir,A/President CITY OF ORONO Mayor, Mary Butler City Administrator ze tw D to D e Date Date To: Mayor Butler, Mark Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administratcr Date: July 5, 1985 Subject: Conceptual Review - Cliff Otten JUL 81235 C°I'll- ' '• AA x • i (I 01(1 1' 11 Mr. Otten has abandoned any serious consideration of the 13 acre parcel to the east of Long Lake (across from Mormon Church and Busy Beaver School) because of the severe limitation placed on use of property due to poor access. He has also checked into the purchasing of the Robb property (see attached plat map) but the current owner refuses to sell at this time. Otten seeks advice on the use of an 8 acre parcel within the Gagne property for his landscape operation (see plat map). The property is zoned RR-1B - rural residential, 2 acre minimum. The property has been assessed for 3 sewered units and in 1981, 15 units were made available to the owner at the time the Medina, Orono, Long Lake line was completed. I advised Otten that this specific property would be considered for zoning changes at the time of the Comprehensive Planning/Rezoning Study. The City had hoped that he would look for property outside of a potential sewered district because his specific use would not require services. He understands the dilema but advises that anything further west on 12 would defeat his plan to stay centrally located between his Wayzata and Orono clients. Otten requires conceptual direction from Council regarding his use of the eight acre site_ Council may consider the following options: 1. Create rural performance standards for "Otten/like" operations but advise that when this property is sewered, Otten would have to connect. 2. Rezoning of 8 acres to B-1 in light of pending study. 3. Suggest to Otten that he find other lands more suitable for his specific use and probably at less cost finding - from a planning standpoint this may not be the best current or future use for this property. JOICTON n N. //2 SEC. 33, T. //8, R. 23 111 1 1N 111 O MY or oiwno 4rl rcf.xrr. ru ar.s r i rAr1AT•---- 11 16MU r%, lye S+Cviv L1N� �X+sfiiNG V o•'E"cr L� n � L sloe o f a(w �JG-- $.Wow Q ' JO 52 1 a 4 '• c IJ* DIM 1.4 ()y $=TNEa" n LONG LAKE-72 ORONO-38 0 & 64"k- �al r I � • J (Yr) r [•.rr..rY G.Tr r Ar 1 � RARMAY ra)I I. its M C COUNPIL VENTING !UL 81�j 10- '. To: Mark Bernhardson, City Administrator ��$T�' ��' 4': From: John R. Gerhardson, Public Works Coordinator Date: July 5, 1985 Subject: Intersection Design Change Cost Casco Point Road & Dunwoody At the June 24, 1985 Council meeting, Council directed staff to submit a cost estimate for design change at the intersection of Casco Point Road and Dunwoody Avenue. The following is a breakdown of those costs: Bituminous Curbing 150 feet @ 4.50 = $675.00 Back Fill Behind Curbing = -0- Pulverized Hack Dirt 10 yds. @ 5.00 = 50.00 Grass Seed 3 lbs. @ 2.19 = 6.57 Total Material Cost $731.57 Light Equipment Operator 16 hrs. @ 13.75 = $220.00 Heavy Equipment Operator 8 hrs. @15.28 = 122.24 Laborer 8 hrs. @ 12.08 = 96.64 Total Labor $431.88 Total Material and Labor $1,163.45 TO: Mayor and City Council qq FROM: Mark Bernhardson, City Administratok'' DATE: July 5, 1985 SUBJECT: Big Island Veteran's Camp JUG 81°�S o There has been no movement on the part of any of involved parties at this point regarding Big Island Veteran's Camp. As you wi 11 have noted in past memos we have attempted over the past few weeks to again get out there to see the status of securing of the buildings. Together with seeing what progress has been made, if any, on the buildings to improve them. Based on this we may be asking you for a resolution to initiate hazardous building proceedings on Monday. Should you have further questions or comments please feel free to contact me. f C�yi�j�i"'STING !-' )! 8 In-5 TO: Mayor and City Council .•;._ . FROM: Mark Bernhardson, City Administrato C a r,r DATE: July 5, 1985 SUBJECT: MTC Route Changes As you will note in the attached letter MTC, in light of alterations on Highway 12 for construction for I-394, is reviewing alternatives for alteration of routes to accomodate the construction. As you will note in addition to the various express bus changes, the immediate impact of these plans on Orono is the proposed rerouting of route 51 of bus service off South Brown Road between Watertown and County Rd 51 over to Old Crystal Bay Road between those same two points. While this change may be a minor part of MTC's consideration, it is felt appropriate that residents along both those routes be notified of the proposed change. In order to consolidate these concerns it is the recommendation of staff that the residential property owners along those two routes be notified of the impending change and indicate to them they can either forward their commend to MTC or be present to discuss the matter at the Council's August 5, 1985, Council meeting. Should have further questions or comments please feel free to contact me. G M E T R O P O L I T A N T R A N S I T C G M M I S S 1 O N 560-61h Avenue North, A4inneapoGs, .Minnesota 55411-4398 612/349-74G0 June 18, 1985 Ms. Mary Butler Mayor City of Orono 3145 Casco Circle Wayzata, MN 55391 Dear Ms. Butler: You are invited to a public hearing at the Ridgedale Center Community Room on Thursday, June 27, 1985, at 7:30 PM. The Metropolitan Transit Commission's staff proposals for the first phase ): transit operations on I-394 will be presented. Your comments are welc ite. It is important to begin the implementation process now since construction has begun and will continue at an accelerated pace on US Highway 12/I-394 between Wayzata and downtown Minneapolis. If you are unable to attend the hearing but wish to give input or have questions, please telephone the MTC Service Planning Unit at 349-7773. Regardless of whether or not you can make the June 27th meeting, the MTC wants to share our current thinking about bus service plans along Hwy. 12 during the initial construction phases. The construction will impact MTC Route 151-Mound service, operating on Highway 12. Steady ridership growth will likely result from the promotion of bus riding and ridesharing in the corridor. Deteriorating Highway 12 traffic conditions will be a disadvantage to solo automobile drivers and MTC local bus operations alike. The cost of operating a local bus trip will increase due to the delays. Express buses, car and vanpoolers will benefit from the interim Express lanes to be located in the median of Highway 12 by early October. We predict that increasing traffic congestion will be adding as much as seven extra minutes (15 to 20% more time) to Route 151 local bus one-way running time by this fall. However, the express lanes will permit Route #51 express bus schedule times to remain unchanged. The MTC Commission has already reviewed and approved a timed -transfer service plan for the I-394 service phase -in. However, the complete timed -transfer plan is quite expensive. Recognizing that bus operating funds for I-394 may be limited, MTC staff developed three lower cost options. They are described in the following section along with the full timed -transfer option. All of the options will be presented at the public hearing. -2- OPTIONS FOR I-394 PHASE ONE SERVICF. MTC Route 051-Mound must change in the face of I-394 construction and the opening of interim express lanes. MTC express buses will no longer be able to stop between County Road #73 and downtown Minneapolis due to the design of the temporary express lanes. This will force the elimination of five express stops in that segment of Highway 11. As a result, about 38 daily express passengers will have to use local bus service. The four service options have been designed with several criteria in mind: - Facilitating utilization of she interim express lanes; - Providing capacity to handle ridership growth recognizing that the present Route #51 schedule can absorb more rush hour passengers, but is experiencing weekend overloads; - Maintaining schedule reliability; - Providing for uncertain levels of funding for I-394 bus operations; - Maintaining compatibility with the already adopted plan; and - Devei•-3ping a simpler route structure to facilitate public acceptance of the service revisions. Maps and a canparison chart for the options are attached. Here are the proposed staff options: OPTION ONE. Route #51-local service would be reduced slightly during the off-peak on weekdays. Slower travel times would require the MTC to provide fewer daily trips in order to contain costs. Peak period and weekend service levels would not change, although minor route and schedule changes would be required. Total operating costs would not change from the present. OPTION TWO. Route #51 service levels would nr;. change from present levels. Minor route and schedule changes would be required. Total operating costs would increase slightly in order to accommodate the slower travel times along Highway 12. OPTION THREE. A simplified Route #51 would provide local service along US Highway 12 between Wayzata, Ridgedale and downtown Minneapolis. Route #51 would no longer serve Mound and other communities west of Wayzata. 'these communities would be served by new Route #75 which would operate express service during the peak periods via the express lanes on Highway 12. Some Route #51 rush hour trips would be cut back to Ridgedale and diverted to Shelard Plaza, General Mills and the Gambles Development on Vernon Ave. During the off-peak times, Route #75 would provide local service between Mound, Orono and Wayzata. Improved connections between express and local buses at Wayzata would be provided using timed -transfer techniques. This is a fairly low cost way to introduce new service. -3- OPTION FOUR. Route #51 would be split into new Routes #75 and #51 as under option three. Roue #51 local service ending at Ridgedale would be extended into Shelard Plaza, General Mills and the Gambles development on Vernon Ave. during the rush hours and most off --peak hours. Lonqer Route #51 trips would continue to connect Wayzata, Ridgedale and Minneapolis. The frequency of service would improve to the levels described in the I-394 Bus Service and Facility Plans under the Full Timed -transfer Alternative (previously reviewed by the Commission). In many cases bus service would be double that of the present. The MTC Service Planning and Scheduling Section staff support the implementation of option three this fall. Option three represents a modest first step toward the goals set in the adopted plan for I-394. The timed -transfer concept would be introduced, weekend overloads would be corrected, and significant rush hour ridership growth can be accommodated. Two simple schedules would replace the present complex one. Option three could probably be carried out if MTC funding is reduced by state and federal authorities. This option can also be easily upgraded as funding and ridership demand grow. Option three is completely compatible with the much more expensive full timed -transfer plan represented in option four. The concerns of MTC customers, staff and the testimony of the public gathered at the hearing will be carefully considered in producing bus service changes which must be made by October, 1985. We hope that further service improvements will be possible after this first step. Sincerely, John Dillery Transit Planner Service Planning 6 Scheduling Section JD/kal/5229 Attachment Highway 12 MTC Present Service Levels AM MID- PM RUSH DAY RUSH NIGHT SATURDAY SUNDAY ROUTE HOURS HOURS HOURS HOURS HOURS HOURS Bus Bus Bus Bus Bus Every Every Every Every E Every 51-C One trip -- One trip -- -- __ 51-K 15-30 Min. -- 30 Min. -- -- __ 51-L Two trips -- One trip -- 51-M 90 Min. Two trips 90 Min. 50-60 Min. Three trips Fu_r trips 51-N -- Three trips -- -- 51-P One trip One trip 60 Min. One trip Four trips --- 51-S 15-30 Min. 90-240 Min. 30 Min. 60 Min. 180 Min. Three trips 5,-T 30 Min. One trip 60 Min. --- Four trips --- :'I-W 15 Min. --- 15 Min. --- --- --- Tot.--1 51 1S Min. 60-90 Min. 15 Min. 60 Min. 90 Min. 180 Min. C-1 WAYZATA PARK • RIOL * C-J DOWNTOWN MINNEAPOLIS N � = Z MA 1N0 AVE �� a h OPTION 1, 2 �- ROUTE 51 E ROUETT - HENNEPIIY AVE �g 1:Qg p�A(•• ' r �a • CEDAR LAKE AD. FOOTBRIDGE ZCNE PRUDENTIAL 1 SUBURBAN ••• ' ' FRANCE AVE. FARE LIMITS MINNEAPOLIS • TURNERS CROSSROAD • �, VEANON AVE. AT. 9 NOTE RIDGEDALE BYPASS BUSES FOLLOW T.41$ ROUTE. Gu-bdlil VALLEY - LOUISIANA AVE. RIDGEDALE LOrAL RT, 36 SIGNS. 'LOCAL SERVICE' ST. LOUIS PARK c F ARE�LI HITS WINNETKA AVE. Z SERV Rn US HWY 12 CO. RD 16 :•.: ZONE + so. SERV. I TURE 2 SHELARD •t030t lr AOV W t) PKW TARGET OJ ALE O t) NORTH SERVICE RD. CO. RD 73 RIDGED� a 21 SOUTH SERVICE RD. 3)y RIDGEDL OR. ¢ O RIDGEDALE OR. O u MINNETONKA If". YMCA c HENN. CO. RIDGEDALE CENTER CENTER PIYMOUTH FARE LIMITS ZONE Y NOTE. ONLY BUSES WIT H 3 1-•9• 2 T TIME SHOWN AT RIDGEDALE 90 \FOLLOw THIS ROUTE. O FAh. m' .3.......... . ..::..... 0 PAr.AcRS LAKE RO. • CARG4l • G i age• OS WAYZATA; c . i. s A o• v." • FERNDAL < - z ZONE • J W n Z Q 9 � WATERTOWN _ .J LONG �~ Co AD, 1.6 LAKE �� z cb IL i O• O NAVARRE � O . `' SPRING ORONO PARK Q `Olt) TYRONE CO ��a0. R = ISLAND PARK Eq�d� o� wr r� t COMMERCE BLVD. r2 OW •.. o Ix gQ' MOUND a O O<m u zm NORTH<(t O' s BUSES SIGNED 'L—I.d StdD* PARK AND RIDE STOP ONLY AT STOPS MARKED * ON US HWY I; M E T R O P O L I T A N R A N S I T C O M M I S S I O N 560.6th Avenue `north. Minneapolis. ,Minnesoij 55411-4398 612/349-7400 MTC I-394 SERVICE LEVELS PROPOSED UNDER OPTION *3 WEEKDAY Proposed AM MID- PM Route RUSH DAY RUSH NIGHT SATURDAY SUNDAY HOURS HOURS HOURS HOURS HOURS HOURS Bus Bus Bus Bus Bus Bus Every: Every: Every; Every: Every: Every: 51-R Local 30-%n — .30m;,% -- -- `— 51-N1 Loca.'. 30,K;.. 6Cmi j 3Cptit & 0on; 51-R,w Local JS,nrM (00Wim %$ nt;n (�0oki'l 60nc;n 6o ►n;,% 75-C Exp. 0VIe 'rip -- ane Trip 75-K Exp. 60 6G Min --- r- 75-K Shuttle (a C 'Ai �u'c';5 6 0 ntiin _ 75-E Exp. 0Ae 4rjP OWN Q,Tr;p 75-S Exp. 30 ^ in 30m%;n 75-S Shuttle (op ,,,�;� )20rn;n (O.+tiin 12,0 nvn 1 1,4Ornir? 120 oK;#1 7 5 - T Exp. 7 h — 3 min --- --- 75-T Shuttle -- 12,0mjn 120rti�n /.�.D�+�n /,ZO,wn Total 75 15" --u . 6 0 r..� n Jri nli ►� 6 0 rK: n 6 0r+�rt 60 Hurl 4 M E T R O P O L I T A N T R A N S I T C O N1 Ni I S S I O N 560-6th Avenue North. Minneaoolis. Minnesota 55411-4398 612/349-7400 MTC I-394 SERVICE LEVELS PROPOSED UNDER OPTION WEEKDAY Proposed AM N1ID- Route RUSH DAY HOURS HOURS Bus Bus Every: Every: 51-R Local 30rt.in 6C)fA n 51-W Local 30 N.In 60mi►% 51-R,W Local lS Alin jost.in PM RUSH NIGHT SATURDAY SUNDAY HOURS HOURS HOURS HOURS Bus Bus Bus Bus Every; Every: Eve: Every: 300cn Gopt;n 60�+„ 30 ► ;n 6 0 l►t;A 6 0 min e., 0 fm t'A 1S.►;n 3 0ou'ri 30m:n 30 rLi n 75-C Exp. Otte fr�� -- OHe +trip 75-K Exp. 3 0 »t+n 4wo+r,ps 3 O m n -- �-- 75-K Shuttle 60 ^'"n --- 60 "`"` 75-E Exp. OAe rip one Ari,p --- 75-S Exp. 30 min --- 30 r►%� n --- �- 75-S Shuttie (a 0m;y% I20m;n 60 Min 120nA;IN 11.Omin 7 S -T Exp. SO Min ---- 3 o ,n; v, _ -- --- 75-T Shuttle -- 12-Or .i., ---- laom, n /26rni n Total 75 -74ogMin % 0 enn %fe r<<#i 66?K h 60 rK, r% OPTION 3, 4 ROUTE 51 lrF�L�. t y •s 2n0 AVE. N. DOWNTOWN MINNEAPOLIS M fN�'Fc�N o O ■a w t�f 0 Y fL 3f MINNEAPOLIS N 7 y T. K 100 W m a TURNERS CROSSRO O AOut• 9 VERNON AVE. GOLDEN VALLEY ST. LOUIS PARK LOUISIANA AVE. Route 36 M Q J W i YY t �O ; O y CO. RD. t6 G C a tt C u IL FORD RD.cc > 6 M W U_ W N CO. RL 'nut* 71 > w 2 y — 0 y RIOGEDALE DR u ► V y J W , = O 2 V <,. . W W o = 2 In JU W V p J PLYMOUTH RD C < o n MINNETONKA 0 1-494 C_ N W = O r i y y 7 8 H 1 u w s � ; < r tD M =31 > < i o 0 V BARRY s Y/AYZATA NORTH PARK A RIDE LOT DOWNTOWN MINNEAPOLIS I I f ROUTE 75 I 1 ` h NENNEPIN AVF -tea., :n,! AVE S 2np AVE i AROUETTE 1M� • y `ti • NENNEPIN AVE C • 1 r ,tir;0 ■ h ■ T. H. 100 10 ■ Z/ O ■ = t ■ �- LOUISIANA AVE <tA ■ j ■1 AI ■ a� f of K W / ___a■_— CO. Rp. 18 � � m 4 CO. RD 73 ■ Rout* S 1 a MINNETONKA W ■t _ `� PLYMOUTH RE). ■' ■ 3 n : ,96 `0- ; ■ � a S ■CARGILL.INC. N.T.N. 101 �?:Wj WArZATA >�• ; AYZATA PARK a j �—.�Aouteffi TRANSFER CENTI r• f ,V 9ARRY i 1w - Y 1r LONG LAKS / l LONG LAKE J]14 OLD CRYSTAL BAY AD. ; m i O ORONO F 1 COMMERCE SLVC c m N i NORTH S W C r Q Q 0 u ('ppE SPRING PARK r 1 2i TYRONE SLAND 1 PARK cU > uNo J m 0 OPTION 3, 4 PEAK PERIOD ONLY E KPRESS ROUTE In 0 LOCAL ROUTE 1886666 PEAK A OFF PEAK PERIOD LOCAL ROUTE PARK A RIDE LOT HWY. 12 dUS STOP • I ROUTE 75 EXPRESS 79 1 nral HOW THE 1-394 0PTIONS COMPARE OPTION Estimated Fi,iimated % Change Capacity C.ompatihility for Level of Level of Added Added From Present Added Ruses for Weekend With Adopted 1-394 HOY Lane Fxpress Local Annual Annual Annual AM Min- PM Ridership Overload Timed -Transfer Phase 1 Utilization Service Service Mileage Cos'_ Cost Peak Flay Peak Growth Correction Concept 1 Good. All but 2 Nineteen Fifty-nine locals G a 0 0 0 0 351 in peak None Poor. No use Route 051 express expresses daily- daily. Oown 2 periods, 20% of the timed - trips would use no change from from existing, midday, poor transfer concept. HOY lanes. existing Rt. 51. on weekends. 2 Some as 1. Same as 1. Sixty-one locals 0 S 30.646 • 1% a 0 n Same as 1. None Same as 1. 3 Good. All but 2 Twenty-two Ninety-eight 57,72n S 192,207 +10% 2 n 2 60% in peak Overloads Timed -Transfer Route 075 express expresses daily- locals daily - up period, 20% Corrected Concept intro - trips would use up 3 from exist- 37 from existing. midday, 60% duced at Wayzata. HOY lanes, ing Route 051. Minor changes Sat. on weekends. Connections Fourteen locals between local A Sundays. Up 6 expresses from existing. improved. 4 Very Good. All Fifty-four One hundred -two 306,000 S1.018.990 5% 7 3 7 90% in peak Service Time -Transfer but 2 #75 express expresses daily- locals daily - period, 401 increased Concept used -at trips would use up 35 from up 41 from exist- midday, Inn% heyond point Wayzata and Co. HOY lanes. existing Rt. 51. ing. Eighty-two on weekends. required to Rd. 73. Good locals Sat-rday. correct connections at Up 57 from exist- overloads. Transfer Centers ing. Fifty-four between locals A locals Sunday. lip expresses. 46 from existing, erg vice fre- quencies double present ones at many times. Injh/1965 4 Memo #85-25 TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: July 2, 1985 STING JUL 8 1c�'35 CITY V INWAD SUBJECT: Retention and Destruction of Paid Bonds and Coupons of Certain D?bt Issues by the Paying Agent The City of Orono has bond issues which are bearer bonds and have the physical coupons attached. As each bond and/or interest coupon matures the paid bonds and coupons are cancelled by the paying agent and returned to the City. We how have the alternative, under state law, to enter into an agreement with the paying agent, whereby the paying agent will cancel and destroy all paid bonds and coupons, as provided by state law. I feel this is an attractive alternative to the present system because we will no longer need to provide storage and schedule destruction, nor will we need to check out each batch of cancelled bonds and coupons, a time consuming procedure. At this time Norwest Bank Minneapolis offers the service of retention and destruction at no additional fee and is the paying agent for several of the issues outstanding. I recommend adoption of the attached resolution authorizing the City to enter into an agreement with Norwest Bank Minneapolis to perform the following: Norwest Bank Minneapolis will: 1) Retain for two (2) years the physical coupons and bonds 2) Provide the City with a detailed statement of paid items 3) Provide secured storage, ensure crem.zion and issue destruction certificates for each maturity cycle 4) Retain destruction certificates six years after the life of each issue 5) Indemnify the City against any loss sustained by reason of duplicate payment, wrongful and improper payment to unauthorized persons and non-payment to authorized persons occurring as a result of any destruction of bonds or coupons TO: Mayor and City Administrator c FROM: Mark Bernhardson, City Administrator Forwarded recommending approval. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION AUTHORIZING NORWEST BANK MINNEAPOLIS TO CANCEL, RETAIN AND DESTROY CERTAIN BONDS AND COUPONS WHEREAS, Norwest Bank Minneapolis is the paying agent for certain bond issues of the City of Orono; and WHEREAS, the City of Orono has the authority to direct Norwest Bank Minneapolis to cancel and destroy certain bonds and coupons when paid, as provided by MS475.553; NOW, THEREFORE BE IT RESOLVED that the Administrator is directed to enter into an agreement with the Norwest Bank Minneapolis whereby it is authorized and directed to cancel, retain, and destroy the bonds and coupons of issues: Village of Orono, MN, Improvement 2-1-71 City of Orono, MN, G.O. Improvement 9-1-74 City of Orono, MN, G.O. Improvement 12-1-80 City of Orono, MN, G.O. Refunding 8-1-76 Retention and destruction will be for each maturity: 1) Retain for two (2) years the physical coupons and bonds 2) Provide the City with a detailed statement of paid items 3) Provide secured storage, ensure cremation and issue destruction certificates for each maturity cycle 4) Retain destruction certificates six years after the life of each issue 5) Indemnify the City against any loss sustained by reason of duplicate payment, wrongful and improper payment to unauthorized persons and non-payment to authorized persons occurring as a result of any destruction of bonds or coupons Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held on July 8, 1985. Mary C. iiutrer, -Mayor ATTEST: tip ETING 81?;5 TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: July 2, 1985 SUBJECT: Mid Year Budget Adjustments - General Fund Contingency For 1985 the City Council approved $20,000 for the General Fund Contingency account. Through June 30, 1985, we have expended $4,635 from the Contingency account for payment of the comparable worth study. This non -budgeted expenditure was approved at the Council meeting of January 14, 1985, by Resolution 1722, although it was not specified that it be paid from the Contingency account. In order to complete the , itract buy out from Mr. Benson we need to appropriate $13,400 from the Contingency account. This will leave a balance of $1,965 in the Contingency budget. We have requests from the Building and Zoning Department for $500 to complete the plan review table and from the Government Buildings Department for $1,000 to upgrade the Council Chambers to 100 amp service with appropriate wiring additions. Upon approval of these items the balance remaining in the contingency account will be $465. Additional anticipated non -budgeted items for 1985 include amounts for the Highway 12 study by Dahlgren, Shardlow and Uban, Inc. ($15,500) and the compensation study adjustments - amount unknown. To the extent monies are expended for these last two items in 1985 we will need to designate transfers from the General Fund -fund balance (retained earnings from the Operating Funds). To the extent the monies are not required in 1985 we can amend the 1986 budgets. TO: Mayor and City Council f77 FROM: Mark Bernhardson, City Administrator` Forward recommending authorization expenditure of the following from contingency: Comparable Worth Study $ 4,635 Employment Contract Termination 13,400 100 Amp Service 1,000 Plan Table 500 $19,535 07"": ! 11, 4 ING TO: Mayor and City Council ?6 JUL 81335 FROM: Ma 'ernhardson, City Administrato * r••; fig• �a � `� (0111, :j i® DATE: July 3, 1985 SUBJECT: Administrator's Goals and Objectives As you will recall during the negotiations for my acceptance of the position one of the contract items was the requirement that by the three month mark (which is the first of August) that the Adminiatrator in conjunction with the Mayor and one other Council member formally establish goals and objectives which will be the basis for performance review of myself at the appropriate junctures. It my strong feeling that such goals/objectives setting provides an excellant basis for discussion between the Administrator and the Council member as to the direction of the organization. Attached please find the outline for proposed goal setting for 1, May i3oS to 30, Apri 1 1986. It is my intent to discuss this with each of you individually during our one-on-one meetings in July and that prior to the 1st of August the Mayor and one other Council member and myself sit down and formalize this document. Should you have further questions or comments please feel free to contact me. 1�_c i- I V 1 7 1 1 % I b t \ rAV14 / .41 t F ,l 1 'v 1. /t ?, TO: Mayor and City Council FROM: Mark Bernhardson, City AdministratoO DATE: July 5, 1985 SUBJECT: Smith -Powers Sewer Matter TING JUL 8.,, V f ? rr MM}} r 0 As you will recall at the last meeting Council gave explicit instructions regarding this matter to delay any condemnation proceedings for seven (7) days contingent upon Smith putting the approp iate amount of money in escrow together with some other provis.ons regarding Lhe sewer issue. Mr. Radio has on several occasions attempted to contact Mr. Smith's attorney but with no result unLi 1 today. It's my understanding that effected partiez will meet on site early the week of July 8th to resolve the issu It is requested at this point that Council extend the deadline until July 15, 1985 with no other change in "-e conditions. It is hoped there is further information on this _er to be available for you on Monday night. T NNG TO: Mayor and City Council FROM: Mark Bernhardson, City Administrat IJIJ - aiJ�J DATE: July 3, 19851. i'. SUBJECT: Personnel Rules and Compensation Study Two of the items that are of prime importance to both Council and staff of this organization are review of the existing personnel rules together with the compensation package for members of the organization. As you may be aware Orono is participating in the Comparable Worth Study with other MAMA communities and the study has reached the point in which all employees are filling out task questionaires regarding their particular jobs. It is anticipated that the study will be concluded by November of 1985 at which point each of the individual cities should have the needed infor- mation to make the comparable worth adjustments by the mandated 1987 date. Additionally shortly after I did come on board Mr. Smythe had an opportunity to review the personnel rules and give rEcomm(_adations regarding those. The purpose of this memo is to update you as to where we are at and also to provide you opportunity to discuss a couple of decision points. PvRSONNEL RULES The staff is presently reviewir.; proposed rules by Mr. Smythe and are comparing those both with the thoughts that they have had regarding them together with reviewing them in light of our past rulea. In addition to specifics within the rules we ar- ioing an overall revision of the organization of the rules to ma.:e a more easily readable and underst dable format. Major headings under the }personnel rules include 1. Administrative organization 2. In Service Activities 3. Compensation As you are aware compensation encompasses not only wages but all other relative items that make up the compensation package for the employees of the organization. As part of the personnel rules review we are reviewing the rules which govern the utilization of the various benefits. Issues as far as level of benefits and salary are being handled separately as part of the below discussed compensation review. COMPENSATION STUDY Following - ew of the personnel rules, staff A, i 1 be working on compensation study of nonsalary benefits. These gill be brought to the Council in August foi incorporation in the nersor. 1 rules. As for salary benef ito we had initi ',.J the in njuse study directed by Council and we are wr;-'c:ng to develop an interium compensation plan to bridge t:je ,jap between the existing compensation plan and whet would res_.lt from the Comparable Worth Study. This was initially done since it was not felt that we would see the results of the Comparable Worth Study until well into 1986, this however is proceeding much more quickly than expected. It is my intent and my recommendation at pre-ent that we coi,tince with an interim study which will hopefu' a ready in August which will providF. information for my 'F- stments plus the bass f,.r '86 butget at t1.at -,,)int a' 11 recom- mendation as '_o what elE­,if its of tiie 'r.,erim cc. ,rensai._ plan as developed internally sh . , I he imp' F• i,3nted and which items shc.,-,ld have money escrowed for '65 and bud ;eted for '86"in light of the Comparable Worth Study dr ater this year. I apprec:.ate comments G 2s ions you have of both of these items.. C01; a 11. A,,,*,ET iNG JUL 8 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: July 5, 1985 SUBJECT: Assessor's Contract - 1 September 1985 to 31 August 1986 As you will recall the contract with Rolf Erickson expire- the 1st of September of 1985 and that the contract calls fot - wa1 of 'he agreement- pri to 1 August of 1985. Mr. Eric;...o1. has pr ised that the am,-, t for the new contract be $41,208.00 whic:; is �,500.00 more tz,an the 1984-85 contract appr—imately 3.7% incrEase. Princip-1 reason for this increar 11 , ;.on to the fact that this was the first year of the cc rt which h had no experience is the fact that during th, i.=W concract period he will have to evaluate approximately 500 exempt parcels of property o` which a few will require quite extensive work. These exempt property valuation are done only once every six years. In addition during the new contract period they will be focusing on physical re\ aw principably of lakeshore properties in order to get those rec if ied. RECOMMEND'"'ION Based on the fact that staff feels Mr. Er i c kron has been do ' nq a very good job for a first year contrac1 ..fiat the contract be continued and that Council direct the Administrator to 'lave Orono enter into an amended con�ract for service with Mr. Hickson at the dollar "figure of $41,208.00. 6 36 3/ cob!iA 1"EETING TO: Mark Bernharson, City Administrator %JU 81935 FROM: Jcars L ittin, Office Coordinator NANO DATE: July 1985 SUBJECT: Employment Patricia L. Peterson It is recommended that Patricia L. Peterson replace Pam Sutton as C,ty Recorder effective July 8, 1985. Patricia has been recording the minutes for the City of Greenwood since October 1979 and . highly recommended by the Mayor of Greenwood. The hourly s:: azy will be $6.75 with a three month and six month salary review. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato*l Forw led recommending approval. A"TETING io; 8 .8 5 ��ss TO: Mayor and City Council ' ... NO FROM: Mark Bernhardsor,� DATE: July 5, 1985 �44 SUBJECT: Lake Parking Spots/North Shore LMCD LAKE PARKING As you will note in the attached letter the LMCD has adopted the attached standards for car -trailer parking spots in accordance with the Lake Minnetonka Tash Force recommendations. Currently Minnesota DNR is attempting to get long term commitments from the various on street parking sites which previously have not been "committed". In speaking with the people at DNR that are handling this mat ,er it has been requested that they contact the City of Orono prior to making any long term agreements regarding any spots in Orono. NORTH SHORE DRIVE During the past three weekends the City has had Police Reservists in the area to monitor the amount of traffic that is utilizing the spots on North Shore Drive together with observing any trespassing or other public safety problems related with that parking. Additionally we have asked residents to inform us of persons who are trespassing and to take license plate numbers of those individuals. We anticipate continuing this problem identification by surveying for the next couple weekends and from there we'll develop recommendations as to how to address the blems. Based on inf•)rmation gathered to date some of the p oblems indicated by the residents have been verified, however it is a question of the magnitude and frequency as to determine the extent of any public safety problems. Should you have any further questions on either issue please feel free to contact me. s/ Az� II ` At LAKE MINNETONKA CONSERVATION DISTRICT _ •�1C�� 402 EAST LAKE STREET WAY2ATA, MINNESOTA 55391 TELEPHONE 612/473 7033 rRANX MIX A.ExECU'IvE DIPECTOR BOARD MEMBERS TO: MEMBER MUNICIPALITIES Robert Upton Brown, chairman Greenwood DATE: July 2, 1985 Ruben P Rascop Vice Chairman Shorewood JoEllen Hurt. seCrel:,ry Crono SUBJ: Public Access Parking for Lake Minnetonka Jon Elam Treasurer Mound Edward G Bauman Tonka Bay DonAld E Boynton The LMCD, in response to the Lake Minnetonka Task Force recommen- tJ„nnelonka Been dations, has adopted the attached standards for identifying the Frank de Monchau. Minnetrrsta car -trailer parking spaces needed to reach the goal of 700 Richard J Garwood reliable car -trailer spaces set for Lake Minnetonka under the Deephaven Fudrey Glsvold current state access program. Wayzata Ron Kraemer Spring Park The Task Force, after considerable discussion, particularly with Roberl K. Pillsbury Minnetonka representatives of the MDNR about over -flow car -trailer spaces Robert E Slocum actually used today vs. the need for long-term space meeting cer- Woodland Richard! Soderberg tain basic requirements, determined that the MDNR standard of one victoria car -trailer space per 20 acres of water (700 for the La,-,-) was Carl H Weisser Excelsior reasonable for Lake Minnetonka In addition it determined that those spaces already meeting these standards could be supplemented by other near -by parking that also meet these standards when set aside specifically for the use of the boating public. The District has developed these standards which the MDNR has ac- cepted for the use of the lakeshore municipalities who wish to participate in the program by designating long-term car -trailer parking spaces on a seasonal basis near existing public launciiing facilities. These spaces may not be restricted by a permit process. These spaces, when accepted under the standards, will be applied toward the 700 spaces required and wall be used to help determine the need for development of further public access on the Lake. The District has been charged with the responsibility to monitor the program. Thank you for your consideration. Your cooperation is greatly appreciated Sincer LAKVfijUWONKA CONSERVATION DISTRICT kb�f Ti D! on Brown Ch Erma Att. 0 LAKE MINNETONKA CONSERVATION DISTRICT PARKING STANDARDS LAKE MINNETONKA PUBLIC ACCESSES The Lake Minnetonka Task Force agreed to a goal of 700 long-term reliable spaces for car -trailer parking in the vicinity of present and future access sites at Lake Minnetonka. The Task Force further recommended that the Lake Minnetonka Conservation District establish an acceptable set of standards for identifying and counting of these spaces and monitor -progress toward the goal on a continuing basis. The following set of standards has been adopted by the LMCD and the Minne- sota Department of Natural Resources for application to Lake Minnetonka: 1. All spaces must be within 1,500 feet of a public access point. 2. All off -site locations should be provided with a long-term agreement, five year minimum, on file with the LMCD. 3. The location of off -site spaces, either off-street or on -street, must be identified by clear, permanent -type signage at the access point. 4. All off-street spaces must be layed out on a plan on file with the LMCD. The plan shall clearly indicate each car -trailer space and adequate in- gress, egress and maneuvering space. 5. All spaces must be available on an unrestricted, first -come -first -served basis, as a minimum from 5 p.m. on Friday until midnight Sunday, and oil holidays, from April 15 to October 15. 6. All on -street spaces should meet the following additional standards: 6.1 Minimum length of 50 feet per space. 6.2 Adequate shoulder width to preclude door opening into a traffic lane and to provide a safe route to the access point. 6.3 Regularly- spaced permanent signage stating "transient car -trailer parking only." 6-25-85 ' " ITING JUL 8 i9c5 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato0i DATE: July 5, 1985 SUBJECT: Lake Minnetonka Conservation District Budget Attached please find the LMCD bud g that has been passed by their Board of Directors for budge r 1986. As you will note Orono's share of the budget is $8, 96.00, $150.00 increase from 1985. This budget is present•.d at this time for informational purposes only and the amounth will be inc- uded in the 1986 budget. � ` J it 31985 ( (;ITY OF 01?101v0 LAKE MINNET'OIQ ERVATION DISTRICT 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 6121473-7033 FNAMK MIXA. EXECUTIVE DIRECTOR BOARD MEMBERS July- 1, 1985 Robert Tipton Brown. Chairman Greenwood Robert P Rascop, Vice Chairman Shr,rewood TO: LAKE MINNETONKA CONSERVATION DISTRICT MUNICIPALITIES JoEllen Hurr, Secretary Orono Jon Elam. Treasurer Attached is the 1986 Lake Minnetonka Conservation District budget Mound Edward G Bauman which is generally categorized as to purpose, and represents no Tonka Bay increase in levy to the villages. It has been certified by the Donald E Boynton Minnetonka Bear, LMCD Board of Directors at its meeting July 1, 1985. Frank de Monchau■ Minnetrrsla Ricnard J. Garwood Minnesota Statute Chapter 907, Section 4 provides: "Expense of OyGisvoen the district shall be borne b the municipalities. The portion Audrey G�avold y p way:ata of the expenses borne by each municipality shall be in proportion Ron Kraemer Spring Park to its assessed valuation." Robert K Pdlabury Minnetonka Robert E Slocum Section 5 provides: Woodland Richard J Soderberg vrc,Wei Carl H Weisser The board of directors of the district shall on or before Excelsior July 1 of each year, prepare a detailed budget of its need for the next calendar year and certify the budget on that date to the governing body of each municipality in the district togethe ith a statement of the proportion of the budget to be pro% 1 by each municipality. The governing body of each municipa'.ity in the district shall review the budget, and the directors. upon notice from any municipality, shall hear objec- tions to the budget and may, after the hearing, modify or amend the budget, and then give notice to the muni-'palities of modi- fications or amendments. It shall be the duty of the governing body or board of supervisors of each municipality in the dis- trict to provide the funds necessary to meet its proportion of the --tal cost to be borne by the municipalities as finally cerL..,ed by the directors, the funds to be raised by any means within the authority of the municipalities and to pay the funds into the treasury of the district in amounts and at times the treasurer of the district may require. The municipalities may each levy a tax not to exceed one mill on the taxable prop- erty located therein, to provide such funds. Said levy shall be within all other limitations provided by law. If you have any questions regarding this budget or any particular information as it relates to the activities of the District, please contact me. Res pgctfully submitted, Fr... K Mix::,, Ex�utive�Director Lake Minnetonka Conservation District c: LMCD Directors LAv JKA UONSERVATION DISTRICT L A K E M I N N E T 0 N K A C O N S E R V A T I O N D I S T R I L 1 9 8 6 B U D G E T Lake Minnetonka Conservation District 1986 BUDGET 1983 1984 1985 1985 1986 Actua'. Actual Jan -Apr Estimate Adopted REVENUE LMCD immunities $64,992 $ 68.824 $37,865 $ 49,975 $ 49,975 Other come 32,209 32,093 37,874 53,435 57,647 TOW 7ENERAL FUND REVENUE $97,201 $100,917 $ 75,739 $103,410 $107,622 DISBURSEMENTS General Fund - Administration Personal Services Salaries Auditing Services Total Personal Services Contractual Services Telephone Postage Prntg., Pub., & Adv. Utilities Maintenance - Office Equipment Janitorial Services Other Contractual Services Total Contractual Services Commodities & Supplies Office Supplies Books & !..,odicals General Supplies Teta1 Commodities & Supplies Other Charges Office Rent Tnsurat.ce L Bond:. Membersit i p% Employer Contributiuns Mileage & f ,)enses Total Otltrr C;urges $48,949 $ 52,480 $18,859 $ 57,619 $ 60,727 595 600 -- 500 500 49,544 53,�80 18,859 58,119 61,227 676 761 235 705 735 1,305 1,184 397 1,260 1,300 343 900 205 780 800 361 313 37 380 380 1,203 1,123 767 1,869 1.•°') :,60 660 210 690 720 5,425 6,002 902 3,200 3,300 9,973 10,943 2.753 8,884 9,035 1,941 1,520 1,600 1,650 152 103 29 87 105 225 272 30 220 245 2,318 1,895 (,64 1,907 2,000 3,600 3,600 1,200 4,005 4,005 1,073 2,621 -- 1,600 ',800 2' 5 215 1 if) 215 225 8,437 9,028 3,076 9,500 9"'UO 1,207 _ 1,195 - 305 1,200 _1,250 14,532 16,659 4,691 16,520 17,110 Lake Minnetonka Conservation District 2. 1986 BUDGET (cont) 983 1984 1985 1985 1986 Actual Actual Jan -Apr Estimate Adopted DISBURSEMENTS (cont; Generr-' - Administration (cont) fm. aY Offic, iture, Fixtures d Equipmr..c $ 4,930 $ 1,251 $ 980 $ 980 $ 1,1A0 Total Capital Outlay 4,930 1,251 980 980 1,180 TOTAL GENERAL FUND - ADMINISTRATION General Fund - Legal Legal Services Total General Fund Legal General _Fund - Committees & Contingency Committees b C.,titingency Total General Fund - Committeer 6 Contingency TO --AL GENET. y' - DISBURSEMENTF $81,297 $ 83,828 $27,947 $86,410 $ 90,622 10,953 13,652 5, 15,000 15,000 10,953 13,652 5,1<') 15,000 15,000 1,479 1,380 208 2,001,1 21000 1,479 1,380 208 2,000 2,.. $93,729 $ 98,Z:0 $ 33,284 $103,410 $107,622 Lake Minnetonka Conservation District 3. 1986 BUDGET (cons) DISTRIBUTION OF EXPENSE % of % of Budget Share of Assessed Total Resulting from $49,975 Value Assessed 1/3 Mil $9,995 Maximum 1986 (I,000s) Valuation Taxable to Minnetonka Budget Deephaven $ 43,955 4.8% $ 14,651 7.7% $ 3,848 Excelsior 22,794 2.5 7,598 4.0 1,999 Greenwood 8,802 1.0 2,934 1.5 750 Minnetonka 454,966 50.0 37,856 20.0 *9,995 Minnetonka Beach 10,376 1.2 3,458 1.8 900 Minnetrista 36,252 4.0 12,084 6.4 3,198 Mound 65,058 7.2 21,686 11.5 5,747 Orono 102,077 11.2 34,025 18.0 8,996 Shorewood 51,028 5.6 17,009 9.0 4,498 Spring Park 14,221 1.6 4,740 2.5 1,249 Tanks bay 18,381 2.0 6,127 3.2 1,599 Victoria 17,550 1.9 5,850 3.1 1,549 Wayzata 52,540 5.8 17,513 9.3 4,648 Woodland 11,249 1.2 3,749 2.0 999- Total $909,249 100.0% $189,280 100.0R $49,975 *Maximum of $9,995 Lake Minnetonka Conservation District 1986 BUDGET (cont) COMPARISON 1985 - 1986 TAX LEVIES 4. Share of $49,975 Share of $49,975 r`.ange 1985 Budget 1986 Budget -0- Deephaven $ 3,848 $ 3,848 -0- Excelsior 2,099 1,999 -100 Greenwood 749 750 +1 Minnetonka +9,995 *9,995 -0- Minnetonka Beach 950 900 -50 Minnetrista 3,148 3,198 +50 Mound 5,947 5,747 -200 Orono 8,846 8,996 +150 Shorewood 4,448 4,498 +50 Spring park 1,249 1,249 -0- Tonka Bay 1,649 1,599 -50 Victoria 1,599 1,549 -50 Wayzata 4,498 4,648 +150 Woodland 950 999 +49 Total $49,975 $49,975 -0- *Maximum by law. LAKE MI1,1NETONKA CONSERVATION DISTRICT TO: LMCD BOARD OF DIRECTORS FROM: Frank Mixa DATE: June 26, 1985 SUBJ: 1986 Proposed Budget Attached is the proposed 1986 budget for the District. The total budget request of $107,622 represents no increase from last year's $49,975 levy, and an increase of $4,212 over last year's Other Income of $53,435. Other Income includes license and permit fees, interest, and other miscellaneous revenue. Distribution of the levy to the villages would also remain the same, de- pending on relative changes in assessed values. There was no levy increase from 1982 to 1983. Last year's levy was reduced 28%. The budget now levys approximately 26.4% of the 1/3 mil allowable under the Statute, compared with 27.8% last year, and 39.8% the year before. This ratio has been de- clining steadily from 75% in 1975 (relatively, a 65% reduction.) The budget provides the following adjustments: 1. 4% for salary increases. 2. Part Time clerical services increase of 2 hours a week. 3. Continued adjustment in the Capital Outlay to replace funds ex- pended for the Xerox collator, Memorywriter, and for other future office equipment purchases. 4. Office equipment maintenance contracts changes. 5. Provision has been made under Other Contractual Services for con- tractual accounting services as in 1985. 6. Recodification of the LMCD Code of Ordinances has been budgeted in 1985 and 1986 as needed. 7. The office rent increase for 1983 is amortized over the balance of the lease @ $405 per year. B. Provision has been made for increased insurance costs. 9. Other minor changes reflect adjustments for increased LMCD activity or anricipated inflationary effects. The Contingencies and Reserve fund of $53,720 will fall below the District limit of .r- nalf the budget by the end of 1985, after purchasing authorized LAKE MINNETONKA CONSERVATION DISTRICT 1986 Proposed Budget office equipment, and authorized special projects. The Committees and Contin- gency for 1986 remains at the 1985 reduced level of $2,000. The reserve funds are currently committed as follows: Office Equipment $ 4,000 Upper Watershed Project guarantee 20,000 Reserve for delayed legal expense 4,000 Equipment depreciation reserve 12,000 License and permit fee reserve 9,220 Interest reserve 44,500 $53,720 License and permit fees were adjusted in 1984, and fees were added in 1983 for boat storage density and permanent dock permits. The levy increase has been held under 6%, although from 1981 municipalities have been allowed an 8% annual levy adjustment under state law. The budget again does not provide for counsulting engineering services. 3m enc: 1986 Proposed Budget c/adopted budget: LHCD municipalities 7-1-85 COURPI1 wTETIM6 JUL e 19a5 CITY GS or, jW.40 TO: Mayor and City Council ``ryry FROM: Mark Bernhardson, City AdministratoR� DATE: July 5, 1985 SUBJECT: Crystal Bay Resolutions After a review of the minutes and the resolutions it was realized that we had not formally had Council pass the attached resolutions which were outlined in the attached memo at your June 10th meeting. Additionally incorporated are the resolutions that Council had directed staff to draw up regarding Paul's Landing, City properties and 1950 Shoreline. While these resolutions had been drafted prior to our last Council meeting we did not realize that they had not been specifically incorporated as resolution numbers in the minutes and are being brought forward to clarify it at this time. The only action needed at this point should be passage of these resolutions. Should you have further questions or comments please feel free to contact me. City of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. OF ASSESSMENT OF CITY PROPERTIES FOR PROJECT 85-1 WHEREAS, the City of Orono has properties included in the Crystal Bay sewer project 85-1, and WHEREAS, the City of Orono has determined that of the nine parcels which based on the Metro Waste Control Commission SAC charges equal approximately 3.5, and WHEREAS, the City of Orono feels it appropriate that it fund five (5) assessment units for its property, and WHEREAS, each of those units equal $9,235.09 for a total assessment of $46,175.00, NOW, THEREFORE BE IT RESOLVED, that the City of Orono will fund a total of five (5) units for a total of $46,175.00 and that such funds will be budgeted annually out of its General Budget until this entire assr6cment is paid, and THEREFORE FURTHER BE IT RESOLVED that the City will not reduce this amount unless there is a general reduction in other assessment units in the project, and FURTHER BE IT RESOLVED that nothing in this resolution shall preclude the City of Orono from prepaying any or all of its assessment. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 8, 1985. Macy C. 1 utivr, Mayor _--- ------ ATTEST: Dorothy M. flnf f in, City Clerk City of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. OF A RESOLUTION DETERMINING THE NUMBER OF SEWER UNITS AT PAUL'S LANDING, 1955 SHORELINE DRIVE WHEREAS, the use of the property at 1955 Shoreline Drive in Orono is currently in a B-2 Zone; and WHEREAS, the zoning allows for an operation for repair, winter storage and sales of boats; and WHEREAS, such operation requires two sewer units based on the schedule provided by the Metropolitan Waste Control Commission; and WHEREAS, the current use of the property is not expected to increase based on Marina Licensing regulations; and WHEREAS, City staff has determined that under current conditions the operation does qualify for two sewer units. NOW, THEREFORE, BE IT RESOLVED that two sewer units will be assessed and that intensified sewer usage may require additional assessment units. Adopted by the City Council, Orono Minnesota on this 8th day of July, 1985. Mary C. Butler, Mayor ATTEST: r Dorothy M. Hallin; City Clerk City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL BE PROVIDED TO VACANT PROPERTY LOCATED ON ARBOR STREET KNOWN AS LOTS 6 AND 7, BLOCK 1, MAXWELL'S ADDITION TO CRYSTAL BAY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which Lots 6 and 7, Block 1, Maxwell's Addition to Crystal Bay are located; and WHEREAS, the aforementioned Lots 6 and 7 are two separate lots for tax purposes, legally described as: PID 1110-117-23 31 0067 (Lot 6) PID #10-117-23 31 0068 (Lot 7) WHEREAS, said parcels are owned in common together, but not owned in common with any other abutting or nearby properties; and WHEREAS, all adjacent lots are occupied; and WHEREAS, the total dry buildable land area of the parcels is approximately 0.39 acres, as compared to the existing zoning regulation requiring 2.0 acres per buildable site; and WHEREAS, the general pattern of development in the surrounding neighborhood is a single family residence on a combination of two or more lots; and WHEREAS, said parcels are not buildable individually or in combination without one or more variances from the existing zoning code; and WHEREAS, construction of one single family residence on the combined parcels, if done according to all zoning performance standards, would not be contrary to the intent of the Community Management Plan; and Page 1 of City of ORONO CITY RESOLUTION OF THE CITY COUNC'L OF NO. 1,66i.-All• WHEREAS, failure to provide sewer service would make the property unbuildable because of insufficient room to provide for house, well, and primary and future septic system drainfield; and WHEREAS, sewer will be available in the street or right-of- way adjacent to the property upon completion of sewer project 85-1. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the vacant property on Arbor Street, comprised of Lots 6 and 7, Block 1, Maxwell's Addition to Crystal Bay, shall be provided with one sewer service to preserve a substantial property right of the owner. FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID 010-117-23 31 0067; and FURTHER, BE IT RESOLVED, that PID 110-117-23 31 0068 is not considered as a buildable lot by and of itself under current zoning regulations, and shall not be served with sewer; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0068 is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID #10-117-23 31 0068 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued. FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of title of the of f.acted parcels in order to serve as notice to potential future owners of the property regarding the City's position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City Council of the City of Orono on this day of 1985. ATTEST: Dorothy M. Iia ll—in , City C1er - Mary c. 0ut e-r, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL OF NO. A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL BE PROVIDED TO THE PROPERTY LOCATED AT 1245 ARBOR STREET KNOWN AS LOTS 12. 13, 14, AND 15, BLOCK 2, MAXWELL'S ADDITION TO CRYSTAL BAY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which Lots 12, 13, 14, and 15, Block 2, Maxwell' a Addition to Crystal Bay, „re located; and WHEREAS. the aforementioned Lots 12, 13, 14, and 15 are legally combiner° it tax purposes into two separate parcels, legally described as fo..jws: PID 110-117-23 31 0072 (Lots 12 and 13) PID #10-117-23 31 0073 (Lots 14 and 15); and WHEREAS, said parcels are owned in common together, but not owned in common with any other abutting or nearby properties; and WHEREAS, all adjacent lots are occupied; and WHEREAS, Lots 12, 13, 14, and 15 have historically and are now used as a single property; and WHEREAS, the existing house, well, and septic system and garage are all located on Lots 12 and 13; and WHEREAS, the total dry land area of the parcels is approximately 0.64 acres, as compared to the existing zoning regulations requiring 2.0 acres per buildable site; and WHEREAS, the owner of the property has been notified that one sewer service is intended to be provided to the property, and the owner has not requested that a second sewer service be provided; and WHEREAS, construction of a single family residenceon Lots 14 and 15 would be contrary to the intent of the Community Management Plan; and rage 1 of 2 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. WHEREAS, the property owner would not be denied a substantial property right if sewer is not provided to the parcel comprised of Lots 14 and 15. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property at 1245 Arbor Street, comprised of Lots 12, 13, 14, and 15, Block 2, Maxwell's Addition to Crystal Bay, shall be provided with one sewer service to serve the existing residence on the property. FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID 110-117-23 31 0072, on which the structure is located; and FURTHER, BE IT RESOLVED, that PID t10-117-23 31 0073 is not considered as a buildable lot by and of itself under current zoning regulations, and shall not be served with sewer; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0073 is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID 410-117-23 31 0073 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, shorld the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued. FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of title of the affected parcels in order to serve as notice to potential future owners of the property regarding the City's position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. day of ATTEST: Adopted by the City Council of the City of Orono on this 1985. Dorothy M. llallin„ City C)nrk __ Mary C. Butler, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL BE PROVIDED TO THE PROPERTY LOCATED AT 1251 BRIAR STREET KNUWN AS LOT 1 AND THE NOP.TH 1/2 OF LOT 2, BLOCK 3, CRYST:,L BAY MINNETONKA WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which Lot 1 and the north 1/2 of Lot 2, Block 3, Crystal Bay Minnetonka, are located; and WHEREAS, the aforementio,_d Lot 1 and north 1/2 of Lot 2 are two separate parcels for tax purpoues, legally described as follows: PID #10-117-23 31 0040 (Lot 1) PID 410-117-23 31 0041 (North 1/2 Lot 2); and WHEREAS, said parcels are owned in common together, but not owned in common with any other abutting or nearby properties; and WHEREAS, all adjacent lots are occupied; and WHEREAS, the total dry buildable land area of the parcels is 0.24 acres, as compared t• the existing zoning regulations requiring 2.0 acres per buildable site; and WHEREAS, the existing house on the property is located mainly on Lot 1. The existing septic system is mainly on the north 1/2 of Lot 2: and WHEREAS, the north 1/2 of Lot 2 contains approximately 0.08 acres in area and is not considered buildable without numerous variances from the existing zoning code; and WHEREAS, the north 1/2 of Lot 2 has historically been maintained and has functioned as yard area for the residence on Lot 1; and WHEREAS, construction of a single family residence on the north 1/2 of Lot 2 would be contrary to the intent of the Community Management Plan; and City of ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the property owner would not be denied a substantial property right if sewer is not provided to the north 1/2 of Lot 2. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property at 1251 Briar Street, comprised of Lot 1 and the north 1/2 of Lot 2, Block 3, Crystal Bay Minnetonka, shall be provided with one sewer service to serve the existing residence on the property. FURTHER, HE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID I10-117-23 31 0040 (Lot 11, on which the existing house is located; and FURTHER, BE IT RESOLVED, that PID 110-117-23 31 0041 (North 1/2 of Lot 2) is not considered as a buildable lot by and of itself under current zoning regulations, and shall not be served with .5@wer; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0041 is granted a variance and declared buildable by this or some future council, a connection charge in the amount equi 'alent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0041 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unic assessment shall become due and pavable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued. FURTHER, BE ITRESOLVED, that this document shall be filed in the chain of title of the affected parcels in order to serve as notice to potential future owners of the property regarding the City'5-position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City Council of the City of Orono on this day of , 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor l City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL BE PROVIDED TO THE PROPERTY LOCATED AT 1251 BROWN ROAD SOUTH KNOWN AS LOTS 1 AND 2, BLOCK 1, CRYSTAL BAY MINNETONKA WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which Lots 1 and 2, Block 1, Crystal Bay Minnetonka, are located; and WHEREAS, the aforementioned Lots 1 and 2 are two separate parcels for tax purposes, legally described as follows: PID 110-117-23 31 0022 (Lot 1) PID t10-117-23 31 0023 (Lot 2); and WHEREAS, said parcels are owned in common together, but not owned in common with any other abutting or nearby properties; and WHEREAS, all adjacent lots are occupied; and WHEREAS, the total dry buildable land area of the parcels is 0.36 acres, as compared to the existing zoning regulations requiring 2.0 acres per buildable site; and WHEREAS, the existing house on the property is located ma? -. l y on Lot 1. The existing septic system is mainly on Lot 2; and WHEREAS, Lot 2 contains approximately 0.18 acres in area and is not considered buildable without numerous variances from the existing zoning code; and WHEREAS, Lot 2 has historically been maintained and has functioned as yard area for the residence on Lot 1; and WHEREAS, construction of a single family residence on Lot 2 would be contrary to the intent of the Community Management Plan; and Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the property owner would not be denied a substantial property right if sewer is not provided to Lot 2. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property at 1251 Brown Road South, comprised of Lots 1 and 2, Block 1, Crystal Bay Minnetonka, shall be provided with one sewer service to serve the existing residence on the property. FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID t10-117-23 31 0022 (Lot 1 ) , on which the existing house is located; and FURTHER, BE IT RESOLVED, that PID t10-117-23 31 0023 (Lot 2) is not considered as a buildable lot by and of itself under current zoning regulations, and shall not be served with sewer; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0023 is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0023 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued. FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of t ' le of the affected parcels in order to serve as notice to potential future owners of the property regarding the City's position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City Council of the City of Orono on this day of 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor l City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL BE PROVIDED TO THE PROPERTY LOCATED AT 2140 PROSPECT AVENUE KNOWN AS PID #10-117-23 31 0013 AND PID 110-117-23 31 0014 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project '5-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which PID 410-117-23 31 0013 and PID 410-117-23 310014 are located; nd WHEREAS, the aforementioned parcels are separate for tax purposes, legally described as follows: PID 410-117-23 31 0013 Commencing 420 feet East from a point in the West line of the Northeast quarter of the Southwest quarter a distance 515.46 feet North from the Southwest corner thereof, then East 93 feet then North 65 feet than West 2 feet than North 57.30 feet then West 91 feet then South to the point of beginning; all in Section 10, Township 117 North, Range 23 West, Hennepin County, Minnesota. PID 410-117-23 31 0014 The east 72.5 feet of the West 492.5 feet of I he North 66 feet of the South 703.925 feet of the Northeast quarter of the Southwest quarter, all in Section 10, Township 117 North, Range 23 West, Hennepin County, Minnesota; and WHEREAS, said parcels are owned in common together, but not owned in common with any other abutting or nearby properties; and WHEREAS, all adjacent lots are occupied; and WHEREAS, the total dry buildable land area of the parcels is 0.37 acres, as compared to the existing zoning regulations requiring 2.0 acres per buildable site; and Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. WHEREAS, the existing house on the property is located on PID J10-117-23 31 0013; and WHEREAS, PID 410-117-23 31 0014 contains approximately 0.11 acres in area and is not considered buildable without numerous variances from the existing zoning code; and WHEREAS, PID I10-117-23 31 0014 has historically been maintained and has functioned as yard area for the residence on PID 410- 117-23 31 0013; and WHEREAS, construction of a single family residence on PID #10-117-23 31 0014 would be contrary to the intent of the Community Management Plan; and WHEREAS, the property owner would not be denied a substantial property right if sewer is not provided to PID 110-117-23 31 0014. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property at 2140 Prospect Avenue, comprised of PID f10-117-23 31 0014 and PID i10-117-23 31 0013 shall be provided with one sewer service to serve the existing residence on the property. FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID 410-117-23 31 0013, on which the existing house is located; and FURTHER, BE IT RESOLVED, that PID I10-117-23 31 0014 is not considered as a buildable lot by and of itself under current zoning regulations, and shall not be served with sewer; and FURTHER, BE IT RESOLVED, that if PID 410-117-23 31 0014 is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID 410-117-23 31 0014 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued. City of ORONO 9 RESOLUTION OF THE CITY COUNCIL NO. FURTHER, BE IT RESOLVED, that this document shall be f iled in the chain of title of the affected parcels in order to serve as notice to potential f uture owners of the property regarding the City'a position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City Council of the City of Orono on this day of , 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 3 of 3 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO.I._ •'• ,11 A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL BE PROVIDED TO THE PROPERTY LOCATED AT 2080 SPATES AVENUE KNOWN AS LOTS 1 THRU 5 AND 21, ORA PARK WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal bay area, within which Lots 1 thru 5 and 21, Ora Park, are located; and WHEREAS, the aforementioned Lots 1 thru 5 and 21 are four separate parcels for tax purposes, legally described as follows: PID #10-117-23 31 0079 (Lot 1) PID i10-117-23 31 0060 (Lot 2) PID f10-117-23 31 0081 (Lot 3) PID 410-117-23 31 0095 (Lots 4, 5 and 21); and WHEREAS, said parcels are owned in common together, but not owned :n common with any other abutting or nearby properties; and WHEREAS, the total dry buildable land area of the parcels is approximately 0.68 acres, as compared to the existing zoning regulations requiring 2.0 acres per buildable site; and WHEREAS, the existing house, garage, well and septic system serving the property are located on Lots 4, 5 and 21; and WHEREAS, Lots 1 and 2 contain approximately 0.46 acres of which 0.06 acres is dry land and 0.40 acres is designated wetland; and WHEREAS, Lot 3 contains approximately 0.18 acres dry land, and Lot 3 has historically been maintained and currently functions as yard area for the house on Lots 4, 5 and 21; and WHEREAS, Lots 1, 2 and 3, taken singly or in combination are not considered buildable without numerous variances from the existing zoning code; and WHEREAS, construction of a single family residence on the Lots 1, 2, and 3 would be contrary to the intent of the Community Management Plan; and Pago 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. O ORONO WHEREAS, the property owner would not be denied a substantial property right if sewer is not provided to Lots 1, 2, and 3. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City'of Orono, Minnesota, that the property at 2080 Spates Avenue, comprised of Lots 1 thru 5 and 21, Ora Park, shall be provided with one sewer service to serve the existing residence on the property. FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID i10-117-23 31 0095 (Lots 4, 5 and 21) on which the existing house, garage, well and septic system serving 2080 Spates Avenue is located; and FURTHER, BE IT RESOLVED, that PID #10-117-23 31 0079/0080/0081 (Lots 1-3) are not considered as buildable lots by and of themselves under current zoning regulations, and shall not be served with sewer; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0079/0080/0081 (Lots 1-3) are granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0079/0080/0081 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued. FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of title of the affected parcels in order to serve as notice to potential future owners of the property regarding the City's position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City Council of the City of Orono on this day of 1985. ATTEST: Dorothy M. Hallin, City C3erk Mary C. Butler, Mayor City of ORONO ITY RESOLUTION OF THE CITY COUNCIL r 07F NO. A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL BE PROVIDED TO THE PROPERTY LOCATED AT 1225 BRIAR STREET KNOWN AS LOTS 1 THRU 15, BLOCK 3, MAXWELL'S ADDITION TO CRYSTAL RAY, AND THE NORTHERLY 12 FEET OF LOTS 4, 5, AND 6, MONTEREY ON MINNETONKA WHEREAS, the City of Orono is a municipal curporatic, organized and existing under the laws of the State of Minnesota; ara WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which Lots 1 thru 15, Block 3, Maxwell's Addition to Crystal Bay and the Northerly 12 feet of Lots 4, 5, and 6, Monterey on Minnetonka, are located; and WHEREAS, the aforesaid Lots 1 thru 15 and part of 4, 5, and 6 are combined for taxpurposes into a single parcel known as PID 110-117- 23 24 0030; and WHEREAS, said parcels contains approximately 3.29 acres in area, of which approximately 1.74 acres is considered designated wetland, leaving approximately 1.55 acres of dry buidable land, as compared to the existing zoning regulations regulations requiring 2.0 acres per buildable site; and WHEREAS, said parcel is under single separate ownership not owned in common with any other nearby or abutting properties; and WHEREAS, under the existing zoning and subdivision regulations, the property could not be subdivided; and WHEREAS, subdivision of the property and construction of one or more additional single family residences would be contrary to the intent of the Community Management Plan; and WHEREAS, the property owner would not be denied a substantial property right if only one sanitary sewer service is provided to the property. Page 1 of 2 City of or tONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property at 1225 Briar Street known as Lots 1 thru 15, Block 3, Maxwell's Addition to Crystal Bay and the Northerly 12 feet of Lots 4, 5, and 6, Monterey on Minnetonka (PID 410- 117-23 24 0030 ), shall be provided with one sewer service to serve the existing residence on the property. Adopted by the City Council of the City of Orono on this day of , 1985. K440*90 Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 2 of 2 l City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. A RESOLUTION DETERMINING THAT ONE SANITARY SEWER SERVICE WILL HE PROVIDED TO THE PROPERTY LOCATED AT 1205 ARBOR STREET KNOWN AS LOTS 1 TURD 8 AND 19 TEND 28, BLOCK 2, MAXWF.:L'S ADDITION TO CRYSTAL BAY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which the property at 1205 Arbor Street is located; and WHEREAS, the property located at 1205 Arbor Street, known as Lots 1 thru 8 and 19 thru 28, Block 2, Maxwell' a Addition to Crystal Bay, has been combined for tax purposes into a single parcel legally designated as PID 410-117-23 24 0031; and WHEREAS, the total lot area of the property is approximately 3.03 acres dry buildable land, meeting the requirements of the two acre unsewered zone; and WHEREAS, said property is under single separate ownership not owned in common with any other abutting or nearby properties; and WHEREAS, under the existing zoning and subdivision regulations, the property could not be subdivided; and WHEREAS, subdivision of the property and construction of one or more additional single family residences would be contrary to the intent of the Community Management Plan; and WHEREAS, the property owner would not be denied a substantial property right if only one sewer service is provided to the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property at 1205 Arbor Street (PID #10-117-23 24 0031), comprised of Lots 1 thru 8 and 19 thru 28, Block 2, Maxwells Addition to Crystal Bay, shall be provided with one sewer service to serve the existing residence on the property. Adopted by the City Council of the City of Orono on this day of 1985. ATTEST: C Dorothy M. Hallin, City lerk Mary C. Rut er, Mayor ' City of ORONO HESOLUTION Of THE CITY COUNCIL • NO. A RESOLUTION DETERMINING THAT SANITARY SEWER SERVICE WILL NOT BE PROVIDED TO THE VACANT PROPERTY KNOWN AS LOT 6, ORA PARR WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which Lot 6 Ora Park, is located; and WHEREAS, the aforementioned Lot 6 is legally described as follows: PID 010-117-23 31 0084; and WHEREAS, said Lot 6 is in single separate ownership and is not owned in common with any other abutting or nearby properties; and WHEREAS, all adjacent lots are occupied; and WHEREAS, the total area of the lot is 0.19 acres, as compared to the existing zoning regulations requiring 2.0 acres per buildable site; and WHEREAS, approximately 0.11 acres iscomprised of designated wetland area, leaving 0.08 acres dry buildable land; and WHEREAS, Lot 6 is not consic:ered buildable without numerous variances from the existing zoning code; and WHEREAS, construction of a single family residence on Lot 6 would be co; lry to the intent of the Community Management Plan; and W AS, the property owner would not be denied.a substantial property r t if sewer is not provided to Lot 6. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property legally described as Lot 6, Ora Park shall not be provided with sewer service. Page I of 2 City of ORONO 9 RESOLUTION OF THE CITY COUNCIL NO. FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0084 (Lot 6 ) is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID i10-117-23 31 0084 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additior..1 buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued. FURTHER, BE IT RESOLVED, that this document shall be filet in the chain of title of the affected parcels in order to serve as notice to potential future owners of the property regarding the City's position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City COUnI ` the City of Orono on this day of _ _ _, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 2 of 2 L City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DETERMINING THAT SANITARY SEWER SERVICE WILL NOT BE PROVIDED TO THE VACANT PROPERTY FRONTING ON CRYSTAL AVENUE KNOWN AS PID i10-117-23 31 0015 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and ri3ERHAS, Sewer Project 85-1 was initiated by the City to solve existing on -site sewage treatment problems in the Crystal Bay area, within which PID t10-117-23 31 0015 is located; and WHEREAS, the aforementioned PID 410-117-23 31 0015 is legally described as follows; The East 18.5 feet of the West 511 feet of the North 66 feet of the South 703.925 feet of the Northeast quarter of the Southwest quarter of Section 10, Township 117 North, Range 23 West, Hennepin County, Minnesota; and WHEREAS, said property is in single separate ownership and is owned in common with PID #10-117-23 31 0035 located at 1295 Arbor Street, which two properties are separated by the platted right of way of Crystal Avenue; and WHEREAS, PID t10-117-23 31 0015 contains a garage but no principal structure; and WHEREAS, the total area of PID f10-117-23 31 0015 is -, t21 square feet or 0.03 acres, as compared to the existing zoning regulations requiring 2.0 acres per buildable site; and WHEREAS, PID f10-117-23 31 0015 is not considered buildable without numerous variances from the existing zoning code; and WHEREAS, construction of a single family residence on PID E10-117-23 31 0015 would be contrary to the intent of the Community Management Plan; and WHEREAS, the property owner would not be denied a substantial property right if sewer is not provided to PID 110-117-23 31 0015. I'��c, 1 of 2 l City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the property known as PID 110-117-23 31 0015 shall not be provided with sewer service. FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0015 is granted a variance and declared buildable for other accessory structures by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and FURTHER, BE IT RESOLVED, that if PID 110-117-23 31 0015 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of title of the affected parcels in order to serve as notice to potential future owners of the property regarding the City's position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adopted by the City Council of the City of Orono on this day of , 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 2 of 2 36- 4 COI:sWk WHTING JUL 810.85 �,/ CITY OF OMO TO: Mayor and City Council „ f FROM: Mark Bernhardson, City Administrato DATE" July 5, 1985 SUBJECT: Administrator's Information DEFERRED CONPENSATION Just a reminder that the representative from the ICMA Retirement Corporation will be present at 4:00 P.M., Tuesday, July 9, 1985, in the Council Chambers to discuss deferred compensation generally and specifically the program offered by ICMA. It is the intent of staff to schedule over the next six months meetings with representatives from the other two deferred compensation plans presently offered together with exploring addition of a fourth option. 2695 CASCO POINT ROAD There has been extensive work done in this area to date by Carl Widmer the work is not completed as of yet and it is estimated it will take another 10 construction days. Given that there has been substantial progress on the property, I've directed staff not to issue any tags on the matter at this point. CRYSTAL BAY ROAD Staff has discussed with Mr. Johnson the need for a building permit for his shed that is over 120 square feet, together with doing a hardcover review on Mr. Carl's property. During this review its been noted that both sheds in question are not specifically on the property of those people, but actually sit on railroad right of way. This somewhat complicates hardcover calculations in that the original calculations did not include the railroad right of way, but this will be taken into account. Additionally it should be noted that ordinance requires that all residential building permits be completed within 2 years. The building permit on the George property has now been over two years and staff is taking action to notify the resident to either request a final inspection or review what other ramifications this lapse may have. HENNEPIN COUNTY VOTECH The City Council of Medina considered and subsequently tabled a consideration regarding the Votech's proposal as there was some _..__..._-- .- - -A; - - «6u a -- in" ,n}�t A i o o nn lh., nvnnnc,, The City of Orono has sent a letter to Dr. Carter outlining what considerations it may have regarding their proposal on the Orono property (construction of a road) together with indicating that the Votech should work through Medina regarding any sewer service they may desire to the community. MAPLE PLAIN -LONG LAKE INTERCEPTOR The Metropolitan Waste Control Commission has awarded bids for the construction of the interceptor to two contractors. Additionally MWCC has submitted a request for issuance of a permit from Minnehaha Creek Watershed District and at its June 20, 1985 meeting MCWD issued a permit contingent upon receipt and staff approval of the plans insuring that the plans demonstrate that the pump station and appertents will not allow untreated effluent to by-pass and discharge to any water tributary to Painters Creek. 130 CYGNET PLACE As you will recall a formal complaint has been issued regarding the property however, we are presently awaiting responses from the parties together with establishment of a formal trial date. �� LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF July 8, 1985 Off -Sale Beer License - King-s Super Valu 3333 Shoreline Drive Solicitor's License - Blue Bell Ice Cream W, VTING JUL 81935 CITY OF U0110 STATE OF MINNESOTA Combination Application for Retailer's � (Off -sale) Non -Intoxicating Malt Liquor License To th1,/v or-------_--- N. of Ila•uln(.uCkwd" 1..,,0 Ienrl 11111.0 County of %erl /trlJ'N '7 li •Eic+ Jt �/ "Pii9l/il /i i.�-t , of the city, pillage, or town o//M�/ of 7%•H aAunty of ' State of Alin saga, hereby make application for a Retailer's (Un-sak) (0 -sate) .Yon-intocieatinp Nalt Liquor License to sell such dlalt liquor under and pursuant to an ordinance (resolution) passed by city, pillage council, county board of and Chapter 540, Minnmota Statutes 1945, as amended, providing for licensing and regulating the tale of non -intoxicating malt liquor. n , / / 1 , During the past fir / , years, my residence has been as follows: ('— n V.+i e/ i" ,� t ��: Isar 7Y's! �/%:• 5�Y)t I wile born Mae. o., xw C�4 villa. 07e vbtan.b to.. sue o.ca.e I am a (native) (naturalized) citizen of tIw United Stata. I am A i married. My (wife':) (husband's) name and address is I am proprietor. Firmwasineorporated ; �F .14113 in the state of Corporation is authorized W do business in .tlinnesota. Licemm is for1!��2(,� %S`t; QgL/ yes= —(street) (highway) Imaged as follows: The license will be in connection will S<,�/�c•'��-� u.......,. x.m. ewe which has been in operation Monaca Y_n The establi.hment i r located on tls ,1r_7Z floor. The business premises are owned b1/_„ Vle `-ew ez-,yr Kit e Tls tales on the, property arc not delinquent. I an, ougaged in thb retail sale of intoxicating liquor. I have & f had an application for license rejected as follows: I ham never been convicted of a felony nor of violating any National or state liquor law or local ordinance relating to the manufacture, sale or transportation, or possession for sale or transportation of intoxicating liquor. 0ambling or gambling devices will not be permitted on the licensed premise. I am the owner of the leasehold, furniture, fixtures, and equipment in the premisee for which the llesnsa is applied, I am the owner of the leasehold, furniture, fixtures, and equipment in the premises for which the license is applied, I have no intention or agreement to transfer the license to another person. I submit the following names of persons, including a bankr reference, with whom I have had business relations 7 eh'; e90 7-intend to engage in the sale of intoxicating liquor and will have a Federal Occupational Tax Receipt in accordance with the ordinance governing this license. My Federal Tax Stamp Receipt is No I will comply strictly with the provisions of the ordinance relating to the sale of soft drinks for "mixing" purposes and will serve patrons in full view of the public. I airree to waive my Constitutional Rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found V, t -,a violated the provisions of the ordinance (resolution) providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge and that I agree to comply with all the provisions of the ordinanolf under which this license is granted. Subscribed and o to a me thiq._"i/'' MOTE, Llee. m,p be ued onb la pawae �b an'it"' of the United 9teW and aho are of so" nerd eAoee,er aid Male. the ben auaind the eve of 01 sea sad iAo an pnVrbbn of the "tablle►create for wblcb the Iluow an W.W. I....IOtO, e. 700. f1a►+ DOROTHY MY. NALLN NotY PUKXe�A �e HENNEPIN COUNTY fy m,ar,teebn ,iwW aaM License No. APPLICATION FOR SOLICITATION - $20.00 fee Date Received Date Expires CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organization: tU£ Phone Address: SN LC Representative: L/iviiq t i£ Phone 5 2 7- Cl / E y Address: _ TS-30 Du cnli /tut Sc. S)'y07 Check One: Business Solicitation Contribution Solicitation Number of People Solicitating within the City Provide list of Names of Solicitors on back of this application. Type of Product to be solicited JC C C rk£/1 A PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.30 SUBD 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. B. 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. It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, leasee, or person in charge thereof. E. 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 business solicitation without a license as herein provided. __________________________________________________________________________ The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any a�dd-7i,t,/io(yra } requir ents the City staff may have. Signature of Applicant:' !c".-I- M,a Date: au'/ (' _________________________________________________________________________ FOR CITY USE ONLY: After review of application, staff recommends the following: Approval of application Denial of application Signature of City Official: _ Date: Signature of Police Chief: Date: __________________________________________________________________________ Name• Address: NAMES OF SOLICITORS Name• Address: Phone: - Phone: License No. License No. Name: Name: Address: Address: Phone: Phone: License No. License No. Name: Name: Address: Address: Phone: Phone: License No. _ License No. (It additional names, please attach list) tF1tP Lif f4ailtriPBIItM MN DEPT OF AGRICULTURE 90 W PLATO ST PAUL 55107 LICENSE NOT TRANSFERABLE TO NEW OWNER/LOCATION *POST IN A CONSPICUOUS PLACE AT LOCATION LISTED* HAS ISSUED ICECRM RETAIL FOOD HANDLER LICENSE LICENSE NUMBER 2863384 028885 1 To: BLUE BELL ICE CREAM MYN453 3218 SNELLING AVENUE S MPLS MN 55406 [if[CTIV[ OAT[ EI/IRATIOM OAT[ 0 7 - 0 1 - 8 5 0025-0000 00-00-00 06-30-B6 :4 L CTl (IF IC = A 1 n F� ��p 6 jot 14S f�TING T-T-^ E1 Pl� NA 0 V GRCSS GR354 EKF/ALtl)1A JUL aJ ANOERSON BL 31 18386.34 1152.32 BENSON WR 12 79753025 :3.rX, 1.7 C� BERNHARCSC ME 17 7276.98 1692032L'- BCBZIEN SA 31 897'3.37 651.44 BRINEF CA 9!' 168.CC - 0e.- -- 8RINKFAUS JF 42 15638.13 1988.^8 BURFASTER WO 31 168C7.13 1189.44 CAFLS(N WJ 92 15132.54 1C 7P.^8 CHECK JM 9, 13C.35 G.'T C„ESWICK ;B 31 I?C78.83 1381.44 EDAUNOS c 9C -318.75 -123.25 -- EHRLNEEcG OL 90 7^89.67 50J. 09 £NCLISI II 7M 31 7783.66 761.46 ERICKSCN DJ 93 836.6C 263.20 -- - ERICHSCN KR 31 197C3.57 1260.35 FRITZLEF JM 31 1E324.96 1303.56 GAFFRON MF 33 14t2602 1004.64 GALLO GE VT 276.51 64•7.0 GER WDSC., JP 47 19012.^8 1346.64 GREG£Fl JO 42 13EIC0 94 939012 GRIFFITFS GE 31 9►l5.12 46'mll HALL4N JM 11 1143Q.IV 617.52 FARSEN SC 42 1261CeEl F64/79 HANSING CJ 31 2895•^4 214.17 HEN NINC JP 9; 1272.77 58.76 HI GUS 0A 9G T±229.44 581.22- - --- JACOBS TJ 33 12999.E4 928.56 J^MNS RJ 9^ C.CC D.'r, JJ H N S ON BP 31. 16704.82 115202 ----- KILSO PH 31 2C534.64 1470.80 NIFNTCZLK N 31 1?557.85 1152.32 KNLTS(N - CA 15 5664.69 692.24 NRIMMEL CL 93 C.00 0.^0 KUCHN TM 15 11936.64 1284./2 LATTIN JC 15 11421051 V17052- PAEUS70 JA 33 17C55.68 1221.6G NA%UEL CM 90 2771.48 296.80 M CrCW dN LR 9' 1468C.8O 1^51.52- _--- PCFJWC2vW; J 31 17623.09 1357.58 MRCSS FT 61 11024.5C 741.^.4 NAAS TL 12 l328.14 611.52 - CAS DO 93 512.QO 88.00 OPAN LE 33 P712.J0 624.00 F£ARSCN SC 31 17598.77 1118.?C _-- -- PLICRSCV RW 93 4SC.00 52.]) FRCVO BJ 12 186".7C 33100 GUAST WA 92 13179.29 1C08.83 ---_-- RCICRAFI GE 93 C.00 ^.00 SASS JJ 42 1267G.10 '-61.12 SELLNEP CL 93 C.'.0 n. SCLCTAC EP Vi 0.i0 U."' CITY CF F Y-T- • _ - - - . EMP L-NO NAPE DIV GG CSS GROS< EVTAALLOii SMFEEN DS 42 12707.69 F61.12 SLICO SP 93 881.55 221.45 SMITH JP. 92 13203. 31 °19.15 STEFF"KHAG FE 93 13445.51 963.C4 STEVEAS FG 93 1387.64 174.25 SUT10h FE 12 6782010 717960 TRIES PP 9C 80504 204.00 TCPCZYK PU 31 16942.09 1152.12 C JU ..0 (CO. NO 4r 0831.71 PAID C:C51 1 MAL Cv-59 IITAL TOTAL FICA TAP GRCSS = 22.1?0.88 EM=L'YERS FI A CFCUP HEALTH F = PHYSICIAN'S HEALTH PLAN .. C = FLUE CROSS&LUF SHIELD 0 = MEDICAL CENTER PLAN E PF_DENTIAL - _- F CCCFC. HEALTH CAPE G = MINhE SOYA HMC H = TRANS-AMERiCA CCC• ------ I = BAhMEFS LIfE 4 = MUTLAL SERVICES ' P PUT99I 3F OMAMA -- L = EMFLCYC'S P.ENEFIT P = AE IhA N NICCLLET EITEL c = LEACLE qF C*TIrs Z = HEALTf CAPE MA:NT ACCT. ' M:SSIPG MESr _ FCR SCME 'MPL'S CIiY OP �('{ O(tA)CI Y-T-O - - - - EMPL-N 'ME DIV GROSS SROSS EXF/ALLOY ADAMS L 11 1320*30 0000 -� ADAPS T 11 1540.00 sBLTLEa MC 11 1925alC 275.J0 aI FRAHM T 11 1540*00 220.J0 v- G4ASEK J 11 1540000 220-7n aI MAHMEPEL J 11 220.00 220.)0 �4 COU47 GRA43 19155,00 11i PAID OUO05 UG306 T(TAL TOTAL FICA TAX Gn O..S = .C'7-HRP�YCRS FICA C A = GRCUA HEALTI F. I0 = PHYSICIANS HEALTH PLAN C = BLUE CR)SS/SLUE SHIELD 0 ° MEDICAL CENTER PLA4 E = PRUDEATIAL F = COORD. HEALTI RE G = MINNES)TA HMS H TRAAS-AMERICA OCC. I = BANKERS LI=E r'._. J = MUTUAL SERVICES _ K = MUTUAL )F 04AHA L = EAFLCYEE•S FENEFIT a' = AETN = NICOLLET EITEL LEAiUE OF CITIES Z = HEALTH CARE MAI`ST 1CCT. .. MISSING H(SP COOE FOR SIME EMR VS - 199S CITY OF 4A61C CNECP MEUIST-P C2-35-85 PAGE 1 - - CNECM 41. DATE AMQINt YE190• - ITEM DESCRIPTION - ACCOUNT NO. INV. N P.O. F MESSAGE 199306 .F/03/b5 66.•1 AO10.M}N•:ESOTI INC OFF SUPPLIES O1-A210-039-12 - 169006 'i F/OS/I5 2&,A1 ACRO-MiNRESOTA INC OFF SUPPLIES 01-4210-059-11 -- 1e9D06 .//131e5 24.4I ACAO•M}NN E SOTA INC OFF SUPPLIES 01-1210-069-15 Ir, 1aW06 .1/L3125 ACRO-M}MUESOTA INC OFF SUPPLIES 01-&210-129-3I --1990D6 - _1/03/l5 62.St 62.&0 ACRO-MISOA INC OFF SUPPLIES 01-1210-IT4-33 1290^e _F/C)/!5 24.40 ACPO. 1SI W NniS OIa INC ]iF SUPPLIES 11-4210-249-12 � 23070.2A 90L 01/PI1l5 1�- 5 I9c1, cFcsleS 16"V 01/c 1!5 '- lwlC 01113185 ,. 189111: SF1C31F5 IWI: :2/131e5 f69C1: '1113195 3.!2 1. 16901E ]1/E3115 4.98 106.53 _ -169C 1• OI1C1//S -11 Y.S] � ('fi 16901A 12/CS/es f15.•3 1A90H .I/C31l 3J P+, P.'--- 2S3.39 u•• P� I.• 169019 02/03/15 19.39 - 19.59 &TAT IMFO SYSIER ATLT INFO SYSTEM A TGT SRIO STSTFM •TAT IN i3 SYSTEM AT&T !RIO STSTEM AT&T WO SYSTEM AT&T too iISIEN AT&T INFO SYSTEM ALL STAR ILECT41C ALL STAR :LECTPIC ql STAR ELECTAIC AREA: CAN LINEN MNT OFF EQUIP MIT OFF EGUIP MMT OFF EQUIF MMT OFF EQUIF MNT OFF E GU! F NMT OFF EGUIP MNT OFF EGUIP MNT OFF EGUIP MM BLDG/GADS MMT RISC EQUIP PNT BLDG/GRCS MNT OLDS/GACE 01-4310-359-12 J-/340-059-11 C1-4310-169-15 ^I -A 1G0-129-31 11-4340-114-33 11-4310-249-12 12-4310-549-91 73-4310-$69-92 01-4342-129-31 01-4342-249-42 01-43A3-099-17 it-1313-515.90 u CNS I. CNS 24 - - --W K3/!5 -- -33.40 - - AMERICAN SPEEDY -- - PATG/PURL CI-4322-S29-31- 37.&D II..' a--. •..... .. _ -_. _- __. _ _ - _- _ _ _ _ ...-CMs I '� 119C3C al,10165 9.1e AT 6 1 INFO SISTER TU EP,ONE 71-4320-S90-93 ----------------9.10 .------ - -------------------_ _ - ... • .. , •-C R$ �il,- �I '1 159081 _ .2/03/bS 21108.90 BURI L CAALSON INC ST PRT SUF 01-4233-249-42 -- . 2110t.90 . �+ -CIS . lA9^91--Ut1031•S - ---102.40- - --CAPITOL CITY DIST------NINE PURCP --- - 11-&6R-S15-90 ---- -- q, 2 102.10 • PP�'rygl 169110. $9.76 CRAPIN PUBLISHING PRIG/PULL 23-4322-352.00 I^ - .0F/03/!S 199S CITY OF ORONO CHECK K9: DATE CMCCR AE.ISTCR C7-311.65 PAGE 2 A-OYNT VEVOOR -- ITEM CESCR1P'ION --- ACCOUNT 40. IRA. P P.O. 4 MESSAGE SS.76 CHIPIN OURLISP14G PRTGfPUEL 21-4322-355-00 +11.52 . ... _ 454.AS COCA COLA U-40146 KIM PUPCM 71.4e20-515-90 a R4.7S . If"+e+.ro [?YC••T NI C0.0iILM AIKEN CONSULT 71-15?6-J)9-12 E1.•6 ' •.•-CAS t b9142 0I /03165 144.26 01Y ?uF .4 IKC OFF P.ODUCTS 01-429-12 :' - 1C 9142 ]11CSIP5 11.44 COOT OUR •P INC OFF PRODUCTS DI-t21a.35J-J59-I4 1l9141 _11:OFFS 57.63 COPY CUP OR INC OFF PRODUCTS CI-4210-069-1S 169142 07/03/e5 .22 COPT aUP, OR INC OFF PRODUCTS 01-4710-129-31 109142 O7/O3/ES -" 217.y6 COPY OUO FR S:T CFF vRQQUCTS C1-4210-174-13 169142 :7/03/65 5.76 COPY OW OR :Re OFF PRODUCTS C1-4210.249-42 199142 07/031LS 6.75 COPT -UP OR INC Of PRODUCTS 45-4210-432-0: ^--169142 -uI/O_3/FS 2.41 COPY OUP OR INC OFF PRODUCTS 71-4210-SIS-90 189142 - 07/[]/ES 2.57 COPE 7UP >R INC OFF PRODUCTS 72.4Z10-549-9. , 189142 C7/03/!5 2.57 COPY OUR OR I OFF PAllOUC74 13-42f0-560.92 �'--189142 ---- :7/C3/!S -- -' ' 3.10 COPY OUP OR INC OFF PRODUCTS ---14-4210-$90-93 - - '- 453.27 ••«CR$ =i 9177 07/73/ES 10.50 COLOCO PLMUG L MTG CWIP/PTS/ACCESS 72-4232-549-91 -1e 9117 --C7/07/25 "- - - 61.51 - OOIOER PLABS 4 MTe CWiP/PTSfACCESS "-' i4-4232-590-93 --� - CRS .a 109202 07/0I/as 12.18 ENRICH BAKING CO COMIC RESALE 74-4802-590-93 ' '---------- 12.1e-. -- - - ----- ------ - __- - ----- 109232 07/C3/05 1.500.00 FLERIBLE '!PE TOOL EQUIP RENTAL 73-4331-569.92 '•^� f 1.1100.60 •••-Cns .y MILEAGE- -01-4381-154-33- t6927 0710718 21l .9. iAFFRON/HIKE MILEAGE 01.43N-t7a-337 V •«CR$ J uuu J --GROU- NEALTM-INC INS - 01-NSI-121-01 -- A. ' 1PR 75 07/[JILT 146.39 GROUP HEALTH INC WEALTH INS 0/-4151-129-31 *y J /69215 07/07/85 246 d6 GROUP HEALTH INC KALTH As NEALTM IRS 01-NSI-129-l1 y. J . 1 - 1955 CITY OR ONCNO CHECK PEGISTER 1 CMECF NO. DATE AMOUNT NEN004 -- ITEM DESCPIF9101 169275 u1103Its 63.20 BBNP MC[LTM INC HEALTH INS ' 189275 CTIC Was /06.C7 GPW6 MEAITH VIC - HEALTH INS 1' 1t9277 77/43/85 67.15 A'D CIA w_ALTL CARE HEALTH INS 16927I c7/^3/H 67.15 MRO Cl- .740M CARE HEALTH INS "7/ 61.''S MO HEALTH IRS 11i 1tt0997 1I 0 LF M'CE HEALTH INE227 L- - 159217 171.18 N:0 CTN -_.LT- CAR, - H ALTw IRS .1'., 169277 _7/U3/85 -1n3I as 44.11 MEC Cl- ME ALTH CASE M[ALTM INS 169271 47/OS/8s 66.:2 FEO CTR xE ALTO CARL HEALTH INS - - 599.69 . 189 SLA '7/03/55 631.14 NEkN OTT FIN DIN .NIL CHGES 631.14 . --16937f '.:I/: 1/15 - /9.54 JIH MATCH 3ALE5 CO NEARING APP 79.54 109399 93.33 LPCIT-AM INS EQUIP FLOATER 7---109399- .//13/ts v2113/85-------14.00 LHCIT-AN TNS - - EQUIP FLOATER 1894e4 0710/55 28.15 Tw[ LLYE[ PRTG/6USL -15940A---O7/OS/BS - -- - 22.31 - THE LAMER -- PRTG/PURL 18NW 07/03/63 22.36 THE LAMER PRTG/PUEL J U9404 07/C]/!S 34.40 THE LAKCN ATG/FUEL 11894IT 61163125 7.42 LAKELAND _MNELOPE OFF SUPPLIES 189A07 01703/05_ 7.A2 LAKELANO MNELOPC OFF SUPPLIES - _ 1e9416 S//C3/15 7.N +16*416 07 Iva /t5 9.43 o7/03Ies 07/os/es 1 07-38-85 PAGE 3 ACCOUNT NO. INV. F P.O. M MESSAGE 01_4151-174-33 7h4151-590-93 - 01-4151-059-11-4151-069-15 _1-4151-120. 31 01-4151-11/- 35 01-4151-249-42 - 72-41 1-sag-9 7 1-41 51-560.92 ...-CNS a+ -a sse-Jeo- f e •••-CMS Ot-4t21-M9-f2 -- ' / - .._CKS 01-4375-249-42 + .. ..-Cgs 3-00 - - - 2}4322-355-QU - - - - ----'-"".I 2}4322-]55-00 fs-al22-U2-00 +" 01-4210-039-32 -. , 01-4210-1?4. n .-Cgs w LATTIMIJ0444C CCMP N0AT5 Gt-4356-039-12 LATTIN/JOLNMC COMP NORTH 01-1381-039-12 L06191SUITE 313 ADMIN SERM-RAT . 0/-43s2-060./5 LOGIS/SUITE 320. .. DATA PROC-MAY r.01-4355-069-15 _ -Cgs S 1905 CITY OP :M"o CHECK RESISTER OI-39-61 FAGC A — — CHECK NO. CATE AMOUNT - 9ENBB• IIER OESCPIPTION ACCOUNT No. IA9. 9 P.O. 9 MESSAGE -- - ��• 139435 f1/.3/15 65.11 LOGIS/SUITE 32J MORIN SERY-MAT I2-4352-519.91 ' r.---109635 -" ^. FIE S/A! 1F. IN L'GISISU1Tr In DATA -MOC-BAT - 72.4355-S49-91 - - --- - )!• 969615 '710115 79.17 LCGISISUITi 32) ROSIN SLRYIlll 73.4352-569-92 169635 0//cS/1s 22.22 tOGISISUITE 32C DATA PROC-PAY 23-4355-569-92 �'i -'-' - 1.531. Fa . -. •-CMS 169412 C1P 3I FS 14.2-7.50 C:TT " L196 LAN- F:RE SEPS-3AC GT. ^11-4315-130-32 16.25x.53 ...... -CMS 1H439 - CN0 0ei 27.21 L:NG :M F74C TAXIS* rCUIP PIS ACCf SS 01-4212-249-42 199439 07/331-3 33.93 LINO LR F140 TRACTOR CGUIP PIS ACC•SS 01-4232.290.61 1$9659 :W3115 61,.L6 LONG LW FJRO TARCT,R TWIP PIS Access T4-4232-590-93 121.33 O }R! 1611473 57/C3/65 2.945.25 .[TPq YA STf C7NW OL SAC Pf •f tTCO 71-466C-29S-21 lP _ x.vu.ts . ...o_ ...-CRS 1 VAR$-- —C7/03115 - —' -- 65.10 - MMLS STAR 3 TRIBUNE PRTG/PURL --_ 01-4322-039-12 - - - .. ....CRS-. ,.. ,16p9U 02/03/05 49.66 MINNTASW UTILITIES 01-612M099-1T 3 69r9Y/03/1 s- '- --"---12. 12 '- RINNEGRSC- UTILITIES 11-632M129-S1 --- -- ----- - 169{9ii 171,3165 2fa•25 PINgr6 ASC+ UTILITIES x2-432a.5A9-91 316.65 ...... - ..•-CRS ,7 169526-"—"'t2/C3115- - _- - —{5.50 .•NM!7CTA SUB HERS - - PRTG/PUBI "' '- -'- 01-4322.039-12 to OS35 L'T/C3le1 12.110.46 C:TT OF MOONO FIRE SER9-390 6TR 01-4317-132-32 0.66 . 169544 oms/F5 2S.00 2S.-.0 . 16953,—OT/Qsr65"-- 129559 02/03/Fs 166.46 109559 07,03195 4.25 RAIL ASSN CHIEFS ----MEMBERSHIP "Sp NsP uT2imis UTILITIES J i 1965 CITY 01 ORCHJ - CHECK NC. OAT[ 1e9559 :7/E 5/15' 1lYS iC 1l9510 IF957 1l957C 1695:C 1-; -- 1695 70 1., 169570 169570 - 16957, 1695Y CHCCK REGISTTR .•WNT 9EN09• .11EP OESCFEFIICN 105.R3 NSF UTILITIES 461.43 . 07-03-8s Pact ACCOUNT AD. INV. A P.O. F MESSAGE 71-4324-569-92 ....CMS Pi/L3/!S 66.34 NOMTNNEST:iN BELL TFL!P.09E 01-4320-039-12 07/C3/85 66.34 NCFTH.CST :i.N FT LL TILEP.ONE 11-4320.359-14 OI/CS/SS 33.21 NIFT4.1Sf i3A FELL TFLEPHONE 01-4320-369-15 el/0/1S 125.35 A^FTM.ESI�AA FELL I!LLP+ONE CP-4320-129-31 0/13/E5 75.iC -10; 14 ESI_IA PILL TELEPHONE "-1320-17A. 31 - 07/01/es - --67.39 - N9PTM,I!ST'NN BELL TELEPHONE 01-4520-249-42 .7/C3/15 13.26 NOPT46ESTEIN BELL TELEPHONE 12-4320-S&9-91 :7/C3/f5 t9.91 NO NTH 6E ST 7BA POLL TELEPHONE 73-4520-569-92 -• 7/03Pb5 109.48 N0444ESIEIN BELL TELEPHONE 74-4320-590-93 .2/C3/15 10C.55 N^AMHESTERA BELL A^9ETISTNG I4-4323-S90-93 676.•3 . ...-CKS 1&"74 1.17/03P05 146.25 OFFICE PR90 7C PN JFF SUPPLIES 01-4210-129-31 f e95 i9 W/C!/!S 266.25 OFFICE Pall 9F MN MNT OFF ECUIF 11-4340-039.12 t b95 it 07/03/f5 32.53 OFFICC PPCO OF R9 MNT OFF EQUIP CI-4340-069-15 - 109574 --c//03/15 - -- 16S.30 - OFFICE 0000 OF RN PAT OFF EEUIF 01.4 340-129- 51 • It"74 07/03/1S 266.25 OFFICE PAOO JF Pp PAT Cif COU iF 01-4340-174-33 926.23 . .. .1 ...... ...-CMS J , --109SW - -- OF/O3/85--- "-- -'-66.54 - -- PE.A - REBA 6/3 TO of IG - - 01-4141-039-12 - - - - -- - -----.,,� I89S91 0Y/O3/fS 3.31 PENA REBA 6/3 7C a/l6 C1-4141-040-13 . 5 169597 07/0/85 5.51 PENA PENA 613 TO 6116 01-414r1.0s9-14 - - 139591 '- --"071C3113 - - 97.32 - 'PER& PENA 0P3 10 a/16 CI-4141-069-15 - -- - - 169597 J7/030es 7.tl PIRA REBA 611 TO 6/16 O1-4141-199-17 1,; 169597 07/C3/65 1.10I.`B PIA. PFiA 6/3 TO C/16 0t-4141-I11-31 ,. `+-189591 ^--07/03/65---- '---39,57 ---PERA _ .. .- - -- P-14 aF3 TO 6/16- --O/-4141-115-St -- - - ---' 16YS97 07/C3/85 275.66 PENA +F :/3 10 6/16 01.4141-121-31 -< MRS 51 07/03/E5 417.43 KRl ^•+ 6/S TO 6/16 O1.N N-12••31 1•I --- 169L9P 07/03/85 -" 194. 31 - PEIA HA 613 TC 6H6 - - 01-4141-174-31 ----- - -•``-i ttl% 9F =F/03/95 000.19 PCRA FEiI 6/3 TO 6116 01-4141-249-42 t{e 11Y5YF O W.3/15 44.N3 PE -A PER& 613 1C 6116 C1-4/41-290-61 N j-,-169597 t7/E3Fe5 _ ___- 141 ...--PEAA ----- - - -PEB& 6/3 10 6/16 C7/^5/.5 CT/:3/I5 157./6 68.89 PENA REPS PERA 6/3 TC PIRA 6/3 10 "16 6116 71-4141.515-90 T2-4141-549-91 {1 1169597 6959P 69597- --971131•5 -_- -.-.110.53 - ..PER& - ...-._--PERA 613 10 6116 73.4141-s69-92 ,. 1B9597 C7/C3/e5 AS.IB PEM PERS 613 TO 6116 74-4141-590-93- .• I 2.886.18 .-c- -- _ - ...-CKS 11962T--9T/W/SS-'""'--"409.40 -- PMYSTCYNS HEALTH- WEALTHI" -------91-SBR-U9U•9U------ 199621 01/031@5 792.53 PHYSICIANS HEALTH HEALTH tAS 01-4151-039-12 1.9621 07/03/15 237.91 PHYSICIANS HEALTH HEALTH IAS 01-4151-069-IS 119621-8TY0S/BS---140.40 ---►NYSSCIAM-HEALTH— -ME6LTH-1NS - - --01-4151-121-31 - le9621 07/03/BS 97.5/ PHYSICt AN6 HEALTN HEALTH IRS C7-4151-126-St 169621 07,03095 951.64 .PHYSICIANS HEALTH HEALTH M .. 01.4151-129-31 . J 1995 CITY OF ORCNO :HECK RLGISTCA 07-36-65 PAGE 6 --; - -'CHECK 117. DATE - AMOVN' - - M•_NOO• ITEM OESCNIPtt0h ACCOUNT NO• INV. a P.O. A MESSAGE - - - 169621 Oi/73IPS 237.91 PMTSIC!LNS HEALTH HEALTH THE 71-4151-1ia•53 — -199521 - -'07/03/RS 561.63 P4TSI:I6N3 HEALTH HEALTH I1.5 01-6151-249-42 - - --- 19962/ 07103/65 142.40 Pw1S:C:ANS MiALTH HEALTH INS Ol-N 51-290-61 .� FAGS ?I O7/C3/e5 37•.31 PHYS:CIaNS HEALTH HEALTH INS 71-415t-511-90 --199E21 --- 07/03/05 - - 63.16 - - PHYSICTANS "EARTH VEALTM INS R-N51-Sag•vt - - - 109621 Oi/C]/SS ti4.7S PHYSICIANS HEALTH HEALTH IRS I74151-569-92 S.M. 52 - -. -.. - ....CMS -'119553 --OT/C3/35 - -- 46.41 PRECTSTON BUS SYS OFF SUPPLIES 31-4210-139-12 - 169653 itosl BS 46 01-4210-174-33 - 3.923 .....• .... CBS �. T "lmse '--' EI/r3/9S 6.5.• R C !&OJ1f:FICATTUNS OP SUPPLIES 71-4210-129.31 6.50 _ _•..•.. ..•-CMS 7 _ 169691 361.10 SATELLITE :40 :NC EQUIP R:kTAI 01-41l1.290-61 - ---199691 --- 07/J3/65" -'_ 100.13 - - SATELLITE !MO :HC EQUIP RENTAL - is -a 331-S90-93 - 469.43 • '" 1 169693 O7/C3/25 7l972T ]TICS/(S - 169761 _ 01I07/t5- --- - __- •--CKS --.. " 1 3•400.33 JOHRI P SC43ENIIG EQUIP RENTAL OT-4331-219-42 d -_.-CKS 1 10.77 STATE OF RN OOPS LIC/TARES 01-4363-129-11 n 1 '--"'129.30-- -- ---TCSS9RN SEED co ----SLOB/OROS PAT SUP -------74-a231-S90-93 189.50 219.20 SUTHERLAN7S NURSERY BLD(/BRCS PAT SUP 14-4231-590-93 ' •.•-CKS 1b9 /li u7/03/b5 a22.30 422.00 169796 07/03/ .169796 07/03/85CS TURF SUPPLY CO BLOSISNOS NMI SUP 74-4231-S90.93 •••-CNS ONIPORNS YNLTw1TtO—CLOTNIN6-TALK 0)-a221-12)•51- -- UNIF)RNS UNLIMITED 'L3TMINQ ALLOW 01-4221-IZG-31 ti UNIFORMS UNLIMITEO CLOTHING ALLOW 01-422/-129. 31 .. .. '7 -' 19P5 CISY OF JRCrC CHECK N-. 04TE Aw9UnT • S7L ..G 1169C2e J/r}/NR 996 .SS - 993.55 1' CHCC. PE51STER YEND^' ITEM OESCRIPTION NESSCO The EOJIP/PtS/ACCESS NILO)R PUMP 441 LINLS/L3 1 :I-06-65 PAGE 7 1 ACCOUNT 40. INV. N P.O. A MESSAGE ••-CMS 23-4252-569-92 - ..._CRc 75-4344-569-92 .....• .. _C R. '1 169e42 II ^.7/:3/6S 30SO.'3 NATLITA-C:TT K F:RE SET SRD DIN G1-451 '2 3.951.'G 159975 ^.7/O}/s5 11.10 NRI64T HE14 ELECTRIC UTILITIES 01-4324-249-42 11. . -- .....• - ••.-CRS 16990^ J7/33/e5 17.13 ALICE 2ILYER6EAG PRO SHOP /!SALE 74.4 oil- $90.95 17.'n. IH� 1699- 1 ,. i/: 3/S5 S.A: ASPLJ43 CJFFEE 6L06/SAGS FAIT SUP 01-4231-399-17 I 1699e2 07/03/6s MIS A e r EOUIPIPTS7ACCESS 01-4252-249-42 79.65 . - - I 1699 3 .1103195 466.:3 GCCTECHN L4L ERG OTHER CONSULT 45-4356-432-00 40.4 1699N -7/03/eS 2000 RIMeSOTA ON SITE NEM6ERSM IP 61-4340-174-33 .� 189975 _//J3/e5 MID N)RT4 COUNTRY FLAGS EQUIP/PTS/ACCESS 01-4232-090.17 f _. _ 1699C6 Wf03143 40.^] PAULS LANDING EQUIP RENTAL 01-4331-174.33 )r� 189907 07/03/05 4^•^.0 LRC 11MN RANN 6924 01-2700-000•00 159995 07/03/65 1.225.'0 NESTON94 SCHOOLS NESTONRA SERS CIA 01-4355-100-27 5" 169909 07203/e5 20.10 R76ERT PCLTNAUS RFD OUPL SEPTIC FEE 01-1197-000-00 . 1 J -� ISI5 CITY OF ORC43 CMEC< PCdTSTrR - '--CHECK 4C. DATE $POINT VIND01 ITEM DESCRIPT104 K2!9R -_1/13115 625.69 CO P4:LL!TS NaC WIRCM �.. MC7396 97/:3165 11.52- ES Pia LI FS MINE DISC r5F.37 MC7399 1.//C]/15 425.13 GRIGGS COI -ER LID PURCP K/399 e7/'31a$ 5.51. 6MiGGS COMB LIN O:SC MCF399 'W'310`. 315.10 - GRISGS Cal -ER SW14E PURIM 1 MC7349 _71.3/65 6.11- PIGGS OWEN MINE DISC 726.21 1 MCIA.L 0//13/65 72LP1 QUALITY V:4E L:Q -URCM K74oU 47/03/1s 16.41. QUALITY N:4E LID C:SC - MC74C- 07/-3/R• 152.10 tUAL:TY %Inc VINE PU-CP K74OL 1.71^3/55 3.'S- QUALITY W!NE NYE DISC Sse.-s • .� NEWT C71.3165 231.54 ICMA PETIRENEIT CORP ICRA 511 10 6116 231.54 r�. KRJ2 07/C3/65 2.53 TIP 1Ul MR HENN CO PLRCM MT KF4.2 Cr/03/65 34.91 TIP <U!MN TRAVEL-MILEASC -- NAW2'---C7/03/11. - ]. 16 TON <'J!MN TRAVEL-MILEASE J/- K7602 Dr/03165 5.63 TIP KOEHN TM{VEL-MILEA6! 5:.60 n .�..I Ki107 07/0/65 22.14 TM7R S 100095 MIL CASE 69 22.16 . Svc K7/36 01/03/45 229.16 S1 TRESS IS CONT FD FICA 6/3 10 6116 14:7404 O7/D3/65 5.-9 ST WAS SS C04T FO FICA 613 TO 6116 5.-Rcmz.---07/03/85 - - - 9.16 --- ST 4!45 S'. C04T FD - FICA 613 10 6116 K7.Y1 C//C3115 161.44 ST TRESS IS CONY FO FICA 613 IC 6116 K71N6 07/63/15 12.33 $T WAS JS CONT FO FICA 613 TO 6116 7106---2r/^3/6S --65.64 - -- 3T IIEAS 33 CONY FD--- FICA 613 TO 6116 K 7{D{ Q7/G3/65 30S.75 ST Ta EIS SS CONY FO FICA 613 TO 6116 yl K7106 O7/C3/65 332.09 31 TICKS SS CONY FD FICA 613 It 6116 NE760L--Of - PS 'I! _ VA.:L - $T TNCAS IS COPY FO ----FICA 613 1t 6/16 K/4D6 OF1C3/A5 I.76 ST TE{S IS CONY FO FICA 6/3 TO 6/14 WF404 U//13115 TT.SS ST TRESS IS C04T FD FICA 613 TO 6116 bpb---!/ITS 1E5--------46.22 - ----81 TRESS IS CONY RIO FICA 613 10 6016 K71W 07 /03/!5 156.13 $T TRESS SS C04T FO FICA 6/3 It 6/16 Y.. K is 01 07 Y.3 W5 75.61 ST TAERS SS CONY FO FICA 613 10 6116 S2. 69 • --_._ I7• 0-GS-05 -AGE a ACCOUNT 40. INN. 4 P.O. 9 PESSAGS )1-aeR-S/S-9C MANUAL 71-4111-515-9C MANUAL 71-/810-51S.9C MANUAL 71-4 a II -siS 9C MANUAL T-6 112. 515-9C MANUAL 71-4e13-515-93 MANUAL 71-4ela-515-9c MANUAL , /1-4811-51S-9O MANUAL 71.IF12-515-90 PAWAL 71-4613.515-90 MANUAL - O1-4140-039-12 MANUAL C1-4356-069.15 PAWAL 01-4391. 069-Is MANUAL 72-4311-549-91 MANUAL 73 4381-569-92 PAWAL 1 01-4361-171-33 - MANUAL 5 01-4142-039-12 -awl, - -. 01-4142-040-13 MANUAL - 01-4162-059-14 -PAWAL - 01-4142-069-15 MANUAL -. C1-4142-399-11 PAWAL ---- 01-4142-115-51-- - MAW AL ,. 01-4142-1 Th 33 PAWAL - 01-4141-249-42 MANUAL - 01-4142-290"1-------- PANUAL - 65-4142-432-00 MA WAI 71-4142-515. 90 MANUAL B - 72-4142-549-9I-----------MAW IL I 73-4142-569-92 PAWAL , T"142-590-93 MANUAL --'--'-5{.20{.13 - TOMD-CI-EOTA L'----- WREV4L FUND - ------ 156.24 FUID 23 TOTAL RUNIC STATE AID CO6 FUN 531.40 FUND 65 TOTAL 1965 SPEC ASSESSMENT FOR 3.66.10 ---'FUND 71 TOTAL-"----L10004 OPIPAIIRG FUND ----- 592.13 FUN] 72 TOTAL WATER OPERATING FUND 3.343.29 FU4D 13 TOTAL SEMEN OPERATING FUND 74 101 AV GOLF COURSE WCOATIK FD-- 64.651.51 TCIA L_-._____-____-_ - L 19as CITY OF OROIO CNCCR REGISTER 06-33-85 PAGE 1 E.. rMfCY of CA7L •'OU.' JE1O6i L*r' LESCA3E2 Lnw 'rCOWL.Rp.-_IYY._L�.O«.fJFSS NC7793 0A/2a/a5 1.14r.76 JOHN 00 MR MINE PUNCH 71-4812-515-90 PANUAL AG7597 r•IwlS— __ )t '1 .JO.NSON-Jo... ----LINE DISC------t1.6111sis,s0__ a6 .163.63 • �. MC219• '•l7A/ls __t28-SP 20PN1LLI2S —.YLYLPUACI _------21-.6E72 S15.3L__—AA �• K7394 06/28/43 9.40- ED PAILLPS LINE DISC 11.4411.515"0 RADUAL �1 N 9.H K7395 06/2Y/l5 1.196.52 QUALITY WYK LID PURCP Pawl HC/s95 06/26/AS 23.99- DUALITY LINE LID DISC 71-4411-s15-90 PANUAL t•`,� K7393.___46/2LSS _SSL. T3--.-DUALI TY. YIN[-- --_Y1NE_PURIA — _.___It.At32-iti,9n ____ _RALUI K7395 06/2S/45 3.15. OUILITT LINE LINE DISC 11-4813-S1S-SO PANUAL 1.320.29 K?396 06/26/65 s i.6S -- GRIGGS --� - - LID PUNCH --- t1-4810-515-90 ACTING :9/21/65 11.45. RIGGS LID DISCS 11.4111-sts-9c FARM w.jA6----Z.11GM 52a1L _-- Al", PUacNT—_-_. .__17aLu2,SissO_--.--PANUAL_ 'j K7796 06/24/15 1.-. s. Alas LYLE DISC 71-4E1A515-90 PANUAL 'y1 622.25 MC7357 01/26/8S 1.250. )0 S t R PENTAL JLLY P[al 71-43.2-S1S-Gp NANLAL ;IU i .23O.op .... •. ....CAS �.� t .7ri.6! FUND 71 TOTAL L2DYOA OPERATING FUND t.7A.63 TOTAL v� ut �l Planning Commission Council K PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 'J PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 1.106VA 3. - a��,�« Aaco Je11'7Z1 �r 4. /A",j LL- .LSD SA e �5. e r 7-FA ac«, o a 6. Md WAe& K 4 % L n< 9. Fv y e,n rne . a dc.x. 7 - I3d (B T a - .0 a. �C 217 W T. k ,3'Z .20JARo E �. ADS f4. 5. AL1LALle— l6 (a.(94 Planning Commission PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 'J_ Y U PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) yo S u/f77f�TDWN 3. 4. 5. 6. 7. B. 9. 0. 1. 2. 3. 4. 5. 6. 7. B. 9. 0. lltbrrl����tVn IE 4we.,"% s ONCR. rAFMNG JUL B 10"_ INTEROFFI 85-092 rift DATE: June 26, 1985 JUG TO: Mark Bernhardson, ..rono City AY1[mT,•,���jp t�Cator Arthur Kunze, Mayor of Long Lake UY (��r'i),1YA Pat Osmunson, Spring Park City Administ r Brian Bedell, Mayor o- Minnetonka Beach FROM: Melvin Kilbo, Chief of Police SUBJECT: Commendation On May 27, 1985, Orono Police Officer Kurt Erickson responded to a mc•'ical, an asthma attack on a 13 yeai ,ld male, at 519 xter Drive in Long Lake, arriving in two minute= . ..a officer found the bov lying on ..ha floor, extremely blue, no pulse, not •a•h The officer called for Long Lake Rescue st one-man C.P.R. (cardio pulmunary resusci n). .a continued this for about four minutes until Long Lake Fire Rescue arrived on the scene. Fire officers Kelly Schaunnessy, Joe Cesare and Jerry Schmidt joiied Officer Erickson in CPR for about another 12 minutes before North paramedics Blaskey and Coyne arrived. Paramedics started IV'., and drug therapy with little success so helicopter was called with Larry Larson as pilot and crew of Roger Younker and Mike Baccetti. The patient was transferred to North by helicopter. It is the opinion of Doctor Lilja that the patient was clinically dead and that the immediate-F_ectiv. CPR administered by Officer Erickson and L .,g Lake Firemen Schaunnessy, Cesare, and Schmidt, supDlied oxygere d blood to the brain to keep the patient alive to let drugs 9 treatment bring the patient back to consciousness one we- ,ater. Our ci,.izens should be aware of our dedicated t•-I n±d personnel. TO: Mayor and City Council i„6 FROM: Mark Ber[ha.dson, Cit AdministratoV This is another example of the training and dedication of Police officers and Fire Fighters serving Orono. Especially the care and quick thinking on the part of Kurt Erickson who was the pr.m.-Iry -eason Paul Herman is alive today. / 0 North Memorial Medical Center 30 Oakdale Ndnn FobEmadale. Mve a ola S n 612I52P5200 June 25, 1985 Melvin Kilbo, Chief Orono Police r,partment 445 Willow Dr. Long Lake, MN a5356 Dear Chief Kilbo, On May 27, 1985, a nine -year -old boy by the name of Pa Herman, who is a chronic asthmatic, suffered a respira wry arrest at home. This was due to an acute exacerbation of his asthma. Orono police officer, Kurt Erickson, responded to the scene and found Paul in complete arrest with no breathing activity going on. He immediately instituted respiratory assistance, ventilating the patient and notifying North dispatch that he had a complete arrest. The fact that he began immediate ventilation was instrumental, in my view, of this young man's survival. Second factor was that he immediately notified us of the nature of the call so we could dispatch the helicopter to provide more rapid ansport back to the hospital. I would like tn .ommend Of_ er Erickson for his rapid assessment and in '_itution of the necessary care that played the key role in survival of this young boy. Sincerely, o /;na G. Patrick Lilja, M.D., r,7EP Director Emergency Medical Serv; GPL/bat MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 11, 1985. PAGE 1 '. 8 1H5 ATTENDANCE 7:30 PM The Orono Planning Commission met on the /Mpye" the following phairman C members resent: Ca In,win Commission Members Sime, Rovegno, Goetten, Kelley, McDonald, and Taylor. Councilmember L. Adams was present substituting for Councilmember Grabek. City Administrator Bernhardson was also present. Building 6 Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. #876 RANDY ASPLUND 3424-3444 EASTLAKE STREET VARIANCE REFERRAL FROM COUNCIL Randy Asplund was present. Nancy Monge, owner of 3444 Eastlake Street, was also present. Assistant Zoning Administrator Gaffron explained that the Council referred this application back to the Planning Commission because of the change, in the applicant's proposal. Gaffron stated that Council has directed the applicant to remove the patios. Randy Asplund noted that he is asking for 6 square feet of patio. Asplund stated that he would also like to replace approximately 100 square feet behind the 0-75' setback line so that he can put the patio furniture back with ground level concrete. Chairman Callahan asked when the screen porch became essential to the project. Randy Asplund noted that after moving in, he realized that the mosquitoes were so bad that a screened in porch would be necessary and essential. Nancy Monge of 3444 Eastlake Street noted for the record that she purchased her hume before this issue of hardcover was raised. Monge felt that the decisions being made now are after -the -fact. Monge asked the Planning Commission to explain the problem and why hardcover is a problem. Chairman Callahan explained the City's and the DNR's philosophy regarding hardcover and the detrimental effect hardcover has on the lake. Randy Asplund noted that he feels an obligation to the new owners and felt a need to replace the patio. Asplund stated that he would like to give the Monge's something in regard to a deck or patio. Asplund explained that the Engineer has gone along with replacing the patios with wood and sand underneath. Asplund stated that Council turned the proposal with wood dawn and no one can give an explanation as to what is really considered hardcover. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD .TUNE 17, 1985. PAGE 2 #876 ASPLUND Assistant Zoning Administrator Gaffron stated that the City (Cont.) Engineer did look at the proposed deck with wood and a sand base. Gaffron noted that with certain construction techniques and no plastic underneath it could be, technically considered non -hardcover. Gaffron explained that the City Engineer's point is that the deck may begin with a sand base but a future owner could easily put plastic down underneath and it would become impossible for staff to police such a condition. Sime explained that. the City has not identified exactly what is hardcover and that the City has always considered decking as hardcover. Sime explained that the City has just recently begun changing its philosophy regarding hardcover if decks are constructed in a manner so to allow water to penetrate the ground with sand base. Chairman Callahan suggested that the Planning Commission address 3424 Eastlake Street first. Taylor asked if the screened porch is proposed at ground level. Randy Asplund stated that the screened porch is negotiable. Asplund noted that it could be placed on the second floor but would prefer it to be ground level. Kelley asked the status of Outlot B. Assistant Zoning Administrator Gaffron explained that Outlot B is shared by all three homes. Gaffron noted that Outlot B is where the shared driveway is located along with the shared mound septic system. Randy Asplund stated that Outlot B could be a legal problem. Asplund stated that they are paying taxes on Outlot B and not to be able to consider Outlot B as part of their property does not seem fair. Taylor asked if staff charges half the driveway to 3424 Eastlake Street and half the driveway to 3444 Eastlake Street since it is a shared driveway. Taylor stated that there appears to be a fair amount of square footage measured back to the 250' line and could extend the 250' line through Outlot B and credit both parcels and redo hardcover calculations. Zoning Administrator Mabusth stated that Outlot B was set aside for various improvements such as the shared septic system and shared driveway access. Mabusth stated that these hcmes were qranted setback variances to construct new homes on the lots. Mabusth noted that this was a political compromise to get the commercial marina use away from the residential district and that a definite compromise was made with this property. , MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD .TUNE 17, 1985. PAGE 3 8876 ASPLUND Goetten stated that with the development of this property the (Cont.) criteria was already established by the Council for this development. Goetten asked when the criteria was established for this property, was anything put in writing regarding the lakeshore development standards. Zoning Administrator Mabusth stated that the standards for lakeshore development were set out in the resolution along with the special setbacks approved for this site. Mabusth noted that in that resolution it was noted that all lakeshore development standards would apply. Chairman Callahan summarized the proposal for 3424 Eastlake Street. Callahan explained that the applicant is willing to remove the patios up to the 75' setback line. Callahan stated that the applicant wants to put a rectangular piece of concrete between the porch (proposed 10' x 10') and the bay window. Callahan stated that new information submitted notes that the applicant has placed plastic underneath landscaping fence line. Callahan stated that staff has noted that a certificate of occupancy has not been issued for the home so it is possible to require the applicant to conform to the overall hardcover requirements. Callahan asked that the Planning Commission address the screened porch and portion of patio. Rovegno asked staff if poking holes in the plastic would make the area non -hardcover. Assistant Zoning Administrator Gaff ron stated that Council did accept that in another application. Randy Asplund noted that he has already spent $3,500 in landscaping and to tear up the rock would cost another $1,000. Chairman Callahan stated that the credit may not be feasible since this property is already overbuilt. Kelley moved, Goetten seconded, to deny the applicant's after -the -fact variance and request the applicant to do the following: Applicant is to remove all hardcover between the 0-75' setback area and the City to hold the line at 25% hardcover between the 75-250' setback area. Applicant to remove all plastic materials underneath any landscaping. Rectangular piece of concrete to be removed also. Motion, Ayes (2), Nays (5). Members Kelley and Callahan vote aye because the property is being over utilized in a two acre zone. Motion failed. MINUTES OF THE ORONO PLAUtiING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 4 4876 ASPLUND Sime made a motion but motion died for lack of second. (Cont.) Rovegno moved, Goetten seconded, to recommend approval of hardcover variances for 3424 Eastlake Street subject to the following: Perforate or replace all the plastic beds 2. Any construction on the lakeside either with a screen porch or patio should be traded off and to be equal with proposal with hardcover on the lake side of the house. Driveway turnaround apron is not a necessity and is to be removed to reduce overall hardcover 18' x 161. Motion, Ayes (5). Nayz (2). Members Callahan and Kelley voted nay and both felt that the hardcover should not be permitted. Chairman Callahan stated that 3444 Eastlake Street should be addressed. Callahan noted that Council has ordered the applicant to remove the patio and now the applicant wishes to construct a "floating deck". Planning Commission asked for the hardcover calculations and a sketch showing where the applicant wishes to place the floating deck structure. Kelley moved, Sime seconded, to table the application for 3444 Eastlake Street pending receipt of hardcover calculations from the applicant and staff. Motion, Ayes (7), Nays (0). 4y15 ROLAND AMUNDSON 3135 CASCO CIRCLE AFTER THE FACT VARIANCE i CONDITIONAL USE PUBLIC REARING 8:29-8:47 PM Chairman Callahan called for the public hearing at 8:29 p.m. concerning the after the fact variance and conditional use permit application of Roland Amundson. Zoning Adminis- trator Mabusth noted the certificate of mailing and the affidavit of publication. Roland Amundson was present. Mary Butler of 3145 Casco Circle was present from th3 audience for this application. Zoning Administrator Mabusth stated that the applicant had rearranged 90 percent of the shoreline bank. Mabusth stated that such rearrangement had included the removal of mature trees, and addition or repairs to a non -conforming boathouse structure. Mabusth stated that the applicant claims that the trees were dead at the time of the removal. Mabusth stated that staff has asked that the applicant submit documentation whether the trees were dead or alive. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 5 #915 AMUNDSON Roland Amundson stated that when he bought the property it (Cont.) contained the existing boathouse. Amundson noted the steep slope of his lakeshore lot and noted the boathouse actually holds up the steep bank. Zoning Administrator Mabusth submitted pictures to the Planning Commission illustrating the lakeshore yard after the mature trees were removed. Mabusth also submitted pictures showing the boathouse and the steep slope. Mabusth noted the problem with the boat�ouse is that it is a non- conforming structure and the applicant has made repairs or additions to the structure within the 0-75' setback area. Mabusth stated that staff would recommend that the access stairs and landing be moved to tie in with the platform/foundation of the boathouse. Roland Amundson gave the Planning Commission the history of the property. Amundson stated that there is a very steep slope on the property leading down to the Lakeshore. Amundson stated that after he bought the home he began the clean up of the lot. Amundson stated that he has a petition signed by all neighbors except one in favor of his proposal. Amundson agreed to staff s recommendation to reduce the size of the stairs from 6' to 4'. Kelley asked the applicant if the mature trees were dead when he cut them down. Amundson stated 'hat the trees that were removed were diseased and dear Amundson stated that one tree hid fallen into the crotch or another tree which appeared to be alive but was not. Amundsen introduced Stephen Cahoon, the man who cut down the trees, to verify his statement regarding the trees. Stephen Cahoon stated that he was the person who removed the trees and concurred with Amundson that the trees were either dead or diseased. Cahoon noted that some of the trees that had fallen ir' ine another were actually dangerous. Mary Butler of 3145 Casco Circle stated that from her view the trees appeared to be alive f rom her home but that the trees are gone and nothing can bring back the mature trees. Butler noted that she has reviewed the proposal of Amundson and has no "problems with the proposal. Butler noted that the applicant has improved the property considerably by removing the debris. Butler stated that she would prefer the applicant just leave the lakeshore yard as is (since the bank has restored itself with day lilies) rather than continue with the proposed landscaping plan. Butler noted her concern with the bank eroding and possibly affecting her lakesh,-e bank as well. Chair-, , Callahan closed the public hearing at 8:47 p.m. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 6 #915 AMUNDSON Goetten moved, Kelley seconded, to recommend approval of the (Cont.) after -the -fact conditional use permit and variance application of Roland Amundson finding the application as amended to be in keeping with the intent of the standards of the zoning code that govern all lakeshore use. This approval is subject to the following: 1. Access stairs as proposed on landscape plan by Otten Brothers Nursery and Landscaping, inc. dated April 24, 1985 must be built as one unit with existing foundation (move landing and stairs over the foundation --stairs are to be structurally tied into platform/foundation). Stairs must meet 4' maximum width --not 6' as shown. 2. Applicant's landscape contractor must '.iave all plans for erosion control approved by staff prior to plantings. 3. A 36" high railing must be installed around all open areas of platform. Applicant must obtain a b .lding permit for construction of access stairs, completion of platform deck and dock. 4. DNR and MCWD rust approve and permit all rip rap proposed along shoreline. Motion, Ayes (7), Nays (0). t917 TIPTON CORPORATION 1290 LYMAN AVENUE AMENDED VARIANCE APPLICATION Mike Sjecklocha was present. Tracy Whitehead of 1220 Lyman Avenue and Elroy Nerness of 1275 Lyman Avenue were present from the audience for this application. Mike Sjecklocha reviewed the changes in the plans. Sjecklocha noted that he has scaled down the house in order to meet the septic setback standards from the home. Sjecklocha stated that it has been reduced to a three bedroom home and therefore meets all primary and alternate septic system standards. Sjecklocha stated that he also revised the plans to alleviate the view problems that the neighbors felt would happen with the other proposal. Sjecklocha stated that with regard to acquiring additional property he has not reached an agreement with the Whiteheads and probably never will. Tracy Whitehead of 1220 Lyman Avenue stated that the applicant never tried to acquire additional property from them. Whitehead asked if the variance granted to this property would affect any future development plans of theirs with access to Lyman Avenue. Whitehead stated that with the septic system planned so close to a potential private road site it could create problems for t_.em. MINUTES OF THE ORONO PLANNING COMM iING HELD JUNE 17, 1985. PAGE 7 #917 TIPTON CORP. Assistant Zoniz. t.rator Gaffron noted that the (Cont.) primary site for t.. ...field is next to the home and that any future private road proposed next to the lot line would not affect the alternate septic site because in the road construction a swale woulu have to be built next to the road to prevent drainage onto the Sjecklocha property. Kelley moved, Sime seconded, to recommend approval of the lot area variance for Tipton Corporation based on the revised plans, finding that no other land is available and all septic performance standards and other performance standards of the RR-1B zoning district have been satisfied. Motion, Ayes (7), Nays (0). l925 RICHARD HENNESSY 4670 TONKAVIEW LAND VARIANCE PUBLIC HEARING 8:58 -9:19 PM Chairman Callahan called for the public hearing at 8:58 p.m. concerning the variance for Richard Hennessy. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Richard Hennessy was present. Earl Norwood of 1360 Vine Place was present from the audience for this public hearing. Assistant Zoning Administrator Gaffron explained that the applicant wishes to construct a new home on a lot of 1.21 acres in a 1 acre zoning district where municipal sewer is not available. Gaffron stated that if sewer was available this lot would not need a variance. Gaffron stated that septic system testing indicates that mound systems will be needed at the primary and alternate sites. Gaff ron noted that staff has just started to review the possibility of sewering the properties within the Tonkaview Gardens plat in which this lot would be included. Gaff. �n stated that he did receive a call from a woman who owns property in the Tonkaview Gardens plat and she told him she wishes to sell those parcels. Kelley stated that this neighborhood will have the same problem as the Crysi , .y neighborhood had. Kelley noted that the applicant wi 11 in a septic system and a few years down the line the City will require that he hookup to sewer. Rovegno asked the applicant if he was aware of the risks im . lved with building a home on this property with a septic s• em when the City is considering sewering the area. Richard Hennessy stated yes he was aware of the risks. Chairman Callahan closed the public hearing at 9:19 p.m. Planning Commission urged Council to consider this area for sewer. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 8 #925 HENNESSY Goetten moved, Taylor seconded, to recommend approval of the (Cont.) variance to allow use of F-pcic system based on the following findings: 1. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 2. Sewer is not provided to this property although the property is located within Orono's designated sewer service area. 3. The costs of providing a municipal sewer lateral to serve this property and the adjacent undeveloped properties ..ould be prohibitive and the City has no indication when -he neighboring properties will be developed. 4. The property can support primary and alternate mound type septic systems. 5. The property can gain access through the undeveloped Garden Lane right-of-way. 6. Applicant received staff 'a memo notifying of the risks involved in that this area may be served by hewer at some point and applicant has been made aware of all risks. Approval is based on the following conditions: 1. Applicant shall locate the house such that the house and driveway do not encroach onto the approved drainfield sites. 2. Applicant shall be responsible for the costs of installing an adequatly sized culvert in the gully location on undevelop, Garden Lane. 3. Applicant is resnonsibl.s for maintaining this access driveway over un_mproved Garden Lane. 4. At such time in the future that municipal sewer is provided to the property, applicant shall abandon the septic system and connect to the municipal se:,-- within the normally reoui.red time frames. 5. Payment of park fee in the amount of $350. 6. Payment of standard building permit fees including SAC charge. The sewer unit charge of $225 will not be collected until such time that municipal sewer becomes available to the property. Motion, Ayes (7), Nays (0). MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 9 #926 JUDSON DAYTON 1655 BONNE POINT ROAD CONDITIONAL USE PERMIT PUBLIC HERRING 11:07-11:10 PM Representative of Judson Dayton, Jeff Stebbins, was present. Chairman Callahan called for the public hearing at 11:0 p.m. Building 6 Zoning Administrator Mabusth noted the rtificate of mailing and the affidavit of publication. _.sere was no one present frc the audience for this public hearing. 7 '.dministrator Mabusth explained that the applicant :l construct a guest apartment within the second f loor a; the proposed detached garage. Cha'.s:....n Callaha closed the public hearing at 11:10 p.m. Kelley moved, Sime seconded, to recommend approval of the conditional use permit applicati,,:. of Judson Dayton finding all standards for guest house use per lection 10.20, Subdivision 3(G) have been satisfied subject to the following conditions: Guest house apartment may never be rented, but is for th exclusive use of owners, their guests or c- ^.taker. Guest house must have separ:.te sewer connF�ction to municipal sewer. Motion, ?,Yes (7), Nays (0). #927 STANLEY GREGORY 1410 SHORELINE DRIVE VARIANCE PUBLIC HEARING 9:20 - 9:45 Mr. an- 1r,. William Gregory were :,resent. Chairmatl Callahan c.:.. ,d f:.t the public hearing at :20 concerning the Gregory's variance application. Building 6 Zoning Administrator Mabusth noted the certificate of mailinu and t1v, a: f idavit of publication. There was ro one present fr, - the audience for this public hearing. Zoning Administrator Mabusth noted ' ._ app nts seek setback and hardcover variances to locate a • n,:ing pool within their lakeshore yard. Mabusth states that in the applicant's addendum to the application the applicant expressed her desire to locate a gr- ruse wit). the lakeshore yard also. Mabusth stated tha is applicant had bcin gra ...ed variances before for the .•e.. constructlor.. igno state that s.nce water drains into a pa.ol, a pool .. . not be consider•-d hardcover. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 10 #927 GREGORY Zoning Administrator Mabusth stated that staff does not (Cont.) consider a pool hardcover but does consider it a structure which would be located within the 0-75' setback area in this case. Mabusth noted that it is the proposed concrete patios around the pool that is considered hardcover. Kelley asked if the applicants planned to construct a swim j pool before the home was built. Stanley Gregory stated yes they had planned on constructing a pool. Chairman Callahan stated that the overal:. plan should have been submitted at the time the permit was applied for. Callaha- stated that the City should have be notified of the applicai s future plans for the 1ct. Goetten asked the applicant if there are any more future plans for the property other than the pool and greenhouse. Stanley Gregory stated that they have no other plans. Gregory noted that the greenhouse's proposed location was located there so the house could face the southeast side to catch the sun. Gregory stated that the topography of the land is such that the home had to be placed in its present location which places hardships on location of other structures. Gregory asked if duck board around the pool would be considered hardcover. Sime stated that even if the pool was moved back away from the shoreline, that 90% of the pool would still be located in the 0-75' setback. Rovegno noted that it is a lovely piece of property and that the pool would compliment the site nicely. Kelley felt that he could approve the pool. Kelley noted that he felt that the City was taken advantage of by the applicant by not revealing the applicant's future plans. Kelley felt that the whole development had poor planning and that the City was given poor representation in the future plans for development of the property. McDonald noted the applicant's hardships in the steep topography of the land, the location of caretaker's house, and the current septic location. Chairman Callahan closed the public hearing at 9:45 p.m. Sime moved, Chairman Callahan seconded, to deny the variance application of Stanley Gregory based on the following findings: 1. Early planning decision made by applicant or authorized agents of applicant created the need for the variance. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE11 4927 GREGORY 2. Hardships presented by applicant are not valid when (Cont.) dealing with new construction and site planning --good planning could have alleviated all need for variances. 3. There are other locations (one to northwest side of house) for the proposed pool outside of protected area. 4. Variances cannot be granted for the convenience of an applicant but must be based on circumstances unique to the property. Motion was delayed whe: Planning Commission asked applicant if they would like the latter tabled to find other locations for the pool and greenhouse. Stanley Gregory stated that she would rather have the application tabled in order to provide the Planning Commission members adequate time to inspect the site in order to understand their request. Sime's previous motion was withdrawn. McDonald moved, Sime seconded, to table action on the Gregory variance application in order to give the applicant time to 'ring back new proposal and Planning Commission members ]ditional time to inspect site. Motion, Ayes (7), Nays ,0). #928 RICHARD PULA 2015 WEBBER HILLS ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:46 - 9:59 PM Chairman Callahan called for the public hearing at 9:46 p.m. concerning Pula's conditional use permit application. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Richard Pula was present. There was no one present from the audience for this public hearing. Zoning Administrator Mabusth stated that the applicant seeks a conditional use permit for a non -rental apartment to be constructed within the second story of a recent garage addition to their home. Mabusth stated that the applicant advises that the apartment will be used for care of their mother. Mabusth stated that there is some questions among staff as to the exact location of the septic sys�.,­m and that staff would ask for septic system expansion if the conditional use permit is approved. Chairman Callahan noted that the septic information is vital in this application and that the application should be tabled until the applicant can submit information regarding the septic system. Callahan did note that this would a sharp variance from the code. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 12 #928 PULA Goetten noted that she personally could not approve the (Cont.) application regardless of the septic information received because the existing lot is less than one acre and is located in a two acre zoning district. Kelley stated that he might vote for approval after the additional septic information is received. Taylor concurred with Kelley stating that if the septic information received was positive that he would be able to vote approval for the application. McDonald noted that approval would set a precedent for future applications and that she was undecided at the moment as to which way to vote. Sime also felt if the septic information received was positive he would be able to vote for the application. Rovegno stated that the City should consider some new standards for guest houses since guest apartments are becoming more prominent. Chairman Callahan stated that he would feel hesitant in approving a second dwelling on this lot since it is under an acre. Chairman Callahan closed the public hearing at 9:59 p.m. Chairman Callahan moved, Sime seconded, to table the Pula conditional use permit application pending receipt of the additional septic information requested by staff. Motion, Ayes (7), Nays (0). #929 LYLE RAHN 1146 WILDBURST TRAIL CONDITIONAL USE PERMIT PUBLIC BEARING 10:01-10:17 PM Chairman Callahan called for the public hearing at 10:01 concerning Lyle Rahn's conditional use permit application for an existing guest house. Assistant Zoning Adminis- trator Gaffron noted the certificate of mailing and the affidavit of publication. Lyle Rahn was present. Harriet Morgart of 1103 Wildhu.rst Trail was present for this public hearing but had no comments. Assistant Zoning Administrator Gaffron stated that the applicant has been asked to file a conditional use permit for a guest house located in his lakeshore yard. Gaff ron stated that th;- structure existed on the property since prior to 1974. Gaffron stated that the applicant submitted a variance application to build a new home on his lot in 1974 which was subsequently approved. Gaffron noted that as a condition of the variance approval, applicant was asked to MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 13 #929 RAHN remove the existing guest house. Gaffron noted that the (Cont.) applicant never complied with the condition of the variance of approv;". Gaffron stated that the original building inspector retired and followup probably never happened. Gaffron stated that the applicant made repairs to the illegal structure after receiving a building permit for the repairs. Lyle Rahn submitted three letters to the Planning Commission (1 from previous Planning Commission member Welsh; 1 from Thomas Shillock of Shillock Construction Company; and 1 from Lyle Rahn --all letters are attached to these minutes). Lyle Rahn addressed staff ' s memo and comments. Rahn noted that he purchased the property in 1972 but because the property was in estate they never closed on the property until 1974. Rahn confirmed that the Council did grant a variance but apparently the records do not show the conditions that were also approved in terms of having the cabin removed. Rahn confirmed that he did receive variance approval and the variance expired before the building permit was issued. Rahn stated that he reapplied and was granted another variance. Rahn stated that he did obtain a building permit for the home and a final inspection was made by Mike Scheller as testified in the letter of Shillock Construction Company. Rahn stated that a bank would not approve a loan for a new home without a final inspection. Lyle Rahn stated that he did do remodeling on the guest house structure but that he didn't know he needed a permit to change carpet and change bathroom appliances on the structure. Rahn stated that he has since learned from staff that he cannot do a single thing on his home (except paint) without a permit. Rahn stated regarding staff s comment that the guest house required a conditional use permit, that Tom Jacobs caught him in a soft moment and went along with applying for the conditional use permit. Rahn stated that staff s comment classifying the guest house structure exists as an illegal structure is false and incorrect as testified in Welsh's letter. Rahn stated that those of you who know Welsh know that Welsh would not let an illegal structure remain on his neighbors property. Rahn noted that he was instructed to remove the top part of the structure and noted that he conformed to that condition to reduce the structure to ground level. Lyle Rahn stated that he formally withdraws his application as setforth in his letter to the City submitted tonight. Rahn stated that apparently the minutes back then are just the published minutes and not the "working" minutes. Chairman Callahan closed the public hearing at 10:17 p.m. Callahan asked if the applicant has used the structure as a guest house. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 14 #929 RAHN Lyle Rahn stated yes he has used the structure as a guest house (Cont.) for 10 years. Rovegno moved, Sime seconded, to table the Lyle Rahn application until staff can research the history of this matter and get legal counsel regarding this matter. Motion, Ayes (7), Nays (0). #930 JIM SHAVER 1080 FERNDALE ROAD WEST VARIANCES PUBLIC HEARING 10:20 - 10:27 PM Chairman Callahan called for the public hearing at 10:20 p.m. concerning Shaver's variance application. Zoning Adminis- trator Mabusth noted the certificate of mailing and the affidavit of publication. Jim Shaver was present. Jim Thomscn was present representing Alan McDowell at 905 Ferndale Road West and R.C. Bagley of 1105 Ferndale Road West. There was no one else present from the audience for this public hearing. Zoning Administrator Mabusth explained that the applicant seeks a rear setback variance to construct a new home. Mabusth noted that sewer is available to the property. Mabusth noted that this is a very limited building envelope. Jim Shaver noted that he discussed his proposal with the most affected property owner (Lowry) and the owner had nothing negative to say about proposal and does not object to proposal. Assistant Zoning Administrator Gaffron confirmed that Mr. Lowry visited the office and affirmed his approval of the applicatio* Jim Thomson was present to note the McDowell's and Bagley's objection to this variance proposal. Thomson noted that the applicant purchase the property in July, 1981 and a letter was written to the applicant in May, 1981, confirming that a home could be built wit`.out a variance. Thomson noted that the applicant has not diemonstrated any type of hardship for the granting of the variance. Thomson noted that this house obviously is more marketable but this is not a valid hardship. Thomson noted that the applicant was made aware of the limitations of the lot when he purchased the lot. Jim Shaver stated that this is a very modest house plan (in consideration of surrounding neighborhood). Shaver noted the total square feet of the proposed home is 3,600. Chairman Callahan stated that the letter the applicant received was in error. Callahan noted for the record that the property owner objecting to the proposal lives across the road and this is a rear setback variance. Callahan noted that the owner objecting is not the most affected property owner. Callahan closed the public hearing at 10:27 p.m. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 15 9930 SHAVER Chairman Callahan moved, Kelley seconded, to recommend (Cont.) approval of the rear setback variance for Jim Shaver based on the following findings and hardships: 1. The dry buildable area is less than a 1/2 acre, but subject to two acre setback standards. 2. The majority of the lot is a 2 1/2 acre wetlands that serves as a retention area fnr surrounding neighborhood. 3. Sewer is available to the property. 4. The proposed house is consistent with older developed lots on north side of road where majority of lots also have extensive wetlands and restricted building envelopes. 5. An error was made in the original resolution approving sewer for this site and informing the applicant that no variance would be needed for a proposed house on subject lot. 6. Variance will not cause most affected owner any problems and most affected owner has been shown the proposal. Motion, Ayes (7), Nays (0). #931 J. F. FLEISCHHACKER 2775 SHADYWOOD ROAD CONDITIONAL USE PERMIT PUBLIC BEARING 10:40-10:55 PM Chairman Callahan called for the public hearing at 10:40 p.m. concerning the proposed conditional use permit application of J. F. Fleischhacker. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this public hearing. Zoning Administrator Mabusth explained that the appli. requests conditional use permit to remove approximatell cubic yards of fill along the edge of 70 feet of shoreline place fresh sand along shore if needed. Mabusth noted that the shoreline is eroding away and this proposal will help the situation. Chairman Callahan closed the public hearing at 10:55 p.m. McDonald moved, Taylor seconded, to recommend approval of the conditional use permit application for J. F. Fleischhacker finding the project to be in keeping with the intent of the standards for shoreline use as set forth in the Community Management Plan. Motion, Ayes (7), Nays (0). !MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 16 #932 WARD EDWARDS 2474 CARMAN STREET VARIANCE PUBLIC HEARING 10:44-10:55 PM Chairman Callahan called for the public hearing at 10:44 p.m. concerning the Edward's variance application. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Ward Edwards was present. There was no one present from the audience for this public hearing. Assistant Zoning Administrator Gaffron noted that the applicant is requesting lakeshore setback and hardcover variances to locate his new home 50' from the lakeshore. Gaffron explained that this lot is subjected to two 75' lakeshore setbacks. Gaffron noted that the existing homes are located an average of 50' from the lakeshore. Gaffron noted that both neighbors have noted that they value the view of the lagoon. Rovegno noted that either way the proposed home is moved it gets closer to the lake and is subject to two 75' setback lines on both sides. Assistant Zoning Administrator Gaffron noted that it is an existing lot of record and asked the Planning Commission if they would recommend crediting areas across the lagoon permanently in order to meet the lot area requirement. Kelley felt that there were enough hardships on the property that the applicant doesn't need the credit. Rovegno noted that the applicant would still need a lot area variance even with the credit. Chairman Callahan closed the public hearing at 10:55 p.m. Callahan pointed out in order to keep the development down to the north, he would be inclined to require the credit. Kelley moved, Goetten seconded, to recommend approval of the a lot area variance for Ward Edwards based on the following findings: 1. The lot width of 125' is greater than 80% of the required 140' width, so no formal lot width variance is required. 2. The drainage from the house should all be directed toward the lagoon in order to gain the maximum infiltration time and distance. 3. Based on item 2 above, the hardcover in the lagoon 75- 190' zone is requested to be 4,940 sf or 34.4%, requesting a 9.4% variance for a new home. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 17 #932 EDWARDS 4. Applicant should not be penalized for the existing (Cont.) driveway hardcover in the lagoon 0-75' zone, and in fact his driveway proposal minimizes the additiona ldriveway hardcover required. 5. The 75-250' zone on the north side of the lagoon must stay non -hardcover. 6. The neighbors' request for the setback variance to allow for the least disruptive sightlines, to maintain uniformity, and the capability to direct all drainage over 100' of relatively flat lawn area, would seem to justify the granting of a variance to the lakeshore setback. 7. The setbacks from neighbors both on Lake Minnetonka side and lagoon side are in conformance and both neighbors have indicated their approval. 8. This is a unique piece of property with unique characteristics with lakeshore located on both sides of the property. 9. Applicant to submit a grading plan for staff approval so as to prevent erosion into the lakeshore. Motion, Ayes (7), Nays (0). #933 DIED BUTTERFIELD 3745 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC BEARING 10:57 - 11:05 PM Chairman Callahan called for the public hearing at 10:57 p.m. concerning Ned Butterfield's conditional use permit application. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Ned Butterfield was present. There was no one present from the audience for this public hearing. Assistant Zoning Administrator Gaffron noted that the applicant is requesting to add a 40' x 100' greenhouse south of the existing greenhouses at 3745 Watertown Road. Gaffron noted that the property contains Butterfield's home, seven greenhouses, and a service building. Kelley asked how many greenhouses can be placed on one piece of property. Assistant Zoning Administrator Gaffron noted that the conditional use application is the only way to regulate how many greenhouses can be placed on a property since hardcover regulations do not apply in rural residential districts. Ned Butterfield noted that he has an operation in Delano, but that this location is more convenient for him since he lives a:. the site. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 18 4933 BUTTERFIELD McDonald asked if there is any opposition in the (Cont.) neighborhood. Ned Butterfield stated no there is no opposition. Chairman Callahan closed the public hearing at 11:05 p.m. Taylor moved, McDonald seconded, to recommend approval of the conditional use permit f c r Ned Butterfield based on the following findings: 1. The proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purpose of the district in which the site is located and Comprehensive Municipal Plan. 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or -welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. Motion, Ayes (7), Nays (0). APPROVAL OF MINUTES Goetten moved, Chairman Callahan seconded, to approve the Planning Commission minutes of May 20, 1985. Motion, Ayes (7), Nays (0). REPRESENTATIVE TO ATTEND COUNCIL MEETING Rovegno volunteered to attend the Council meeting of July 8, 1985. DISCUSSION Chairman Callahan noted that he wi 11 not be able to attend the July 15, 1985 Planning Commission meeting. ADJOURNMENT 11:15 PN The regular Planning Commission meeting adjourned at 11:15 p.m. ,.ATTACHMENTS TO PLANNING COMMISSION MINUTES #C-- 29 DATE: June 17, 19S5 TO: Orono PCan► ing Cumni,56i/o►t FROM: Li Ce Ralin 2�✓� - SLIFiJECT: Pubic H g - June 17, 1985 Based on .the docume►utation I have p&ov.ided you and on .the advice o6 peAzona expert in .theae matteAA, .inceuding Gahy Wdzh and my tega.t eouncit, I henebcl. tdlw�. my Aequea-t bon a condi bona. use permit. :X/r�� 3-� Based on .the appahent tack o6 expertise, bad advice, and mis.in6u•vnati.uli on .the pant o6 the bu,itdi.ng .impeeton and zoning admi ni s.tra.tion Sun .the City o6 Orono, I have .cncurned cost,5 o6 oven $600.00 and .thtee daya o6 my all -wed vacation time. Bated on .the above 6acte, I %equUt .the 6ottou:i.ng action items 6Aam ,the PQanncng ^--nnuas-i.on: 1. That the zoning adminiat hatti.on be dviceeted .to ke,tu-kn my $100.00 bee bon the e,imi,te-d use permit. 2. That cop.ie.e o6 documents *I have aubmitted to you be marked by 6.ta66 as teceived, dated, and ie.tunned .to me .in one and one-ha.e6 woAki.ng da ya (.the aame amount o6 time 1 au aftowed .to %eac t to .the 6.ta66 Aecommendattion). 3. That the ata66 o6 .the zoning o66.ice and ,the building .i►vspectoA be directed by .the eomm zaion .to cease and de,6 ,s.t 6Aom any 6uAtheA action on this matteA. La,6tXy, 1 wiah .to axate in wwitbig my .6tAong objection .to .the aAnogant and cazuat attitude_ o6 .the zoning ad ni i.6t a.tou in .the.in recommendation to you that I de.6 tAoy a portion o6 my pnopenty .that I have been ua.ing and paying taxes on 6oA more .than 10 year.a. &j the way, even .the. IRS, that we a t know and Love, do not kequi�e you to keep %ecok6 6o4 10 yeoA.6. LER: it cc Orono Cuunc i . Membena LeVandeh, Z.cmp6m, Zo.tatey, and VandeA Linden L��L50V15 D CITY OF ORONO ATTACNMEN'I'S'TO' PLANNING COMMISSION MINUTES T.?T �''??""r•rn- n "*'-�-' %1 eq �I rii� v r 3 T. P. Shillock Construction Company June 15, 1985 To whom it may concern: This is to verify that the following points are correct: 1. T. P. Shillock did construct a home for Mr. and Mrs. Lyle Rahn at 1146 Wildhurst Trail, Orono, Minnesota, during the summer of 1975. 2. A variance was approved by the City Council before a building permit was issued for this project. 3, Before final inspection, the small cabin which existed would be torn down. 4. Mr. Rahn did tear down the cabin in 1975. The building inspector did sign off the final approval in late October, 1975. The Rahns moved into the home on October 31, 1975. 5. The bank where the Rahns secured their loan required a copy of the final approval before they would accept the mortgage on the above listed property. Respectfully submitted, v , Thomas Shillock, president Shillock Construction Company 4NTTACHMENTS• T¢-; P.LANNING COMMISSIQN MINUTES # 2 9 June 15, 1985 To Orono Planning Commission: This letter is written at the request of Mr. Rahn to conf.Lrm my recollection of the following points: 1. that I was a member of the Orono City Council in 1974-75. ?, that I reside at 1214 Wildharst Trail, Orono, Minnesota, and that I am a neighuer of the Rahns and very familiar with his property. 3. that I was the maker of the motion to approve the variances requested by the Rahns and was very familiar with the terms and conditions of their request (see attachment), 4, that one of the conditions was that the Rahns remove the first floor of the small house so as to essentially reduce the structure to ground level as viewed by the ajoining neighbors. 5, that it was also verbally understood that the Rahns would now and forever paint the strcture in earthtone colors so as to blend into the bank. They would landscape and shrub so as to be as unobtrusive as possible. Therefore, the motion did not describe the complete terms and conditions as it was understood the first level would be allowed to permanently remain. The motion as shown in the minutes of that meeting obviously is incomplete. 6. that the Rahns would use the structure for family uses only and would not rent out the remaining walkout level structure. 7. that as a neighbor of the Rahns, I hereby testify that they have met the written and verbal terms and conditions as set forth by the council in 1975. Therefore, a conditional use permit application is not needed because the council understood that only the top of the cabin had to come down and the lower level would remain. 8. It appears to me that incomplete record keeping on Orono's part is causing needless harrassment and expense to Mr. Rahn. R19@190 , JW 17 10 CITY OF ORONO GW/cb Att cc: Orono Council Members 17e. (•; VV--/ Gary 1214 Welsh Wildhurst Trail Orono, MN 55364 P.S. If' you have any questions, I will be available for a phone call Monday evening at 472-4438. G+` XIAIFETING TO: Orono City Council 8 1H5 FROM: Joan Lattin, Office Coordinator DATE: July 5, 1985 SUBJECT: Pan Sutton's Farewell Luncheon There will be a luncheon for Pam at the Minnetonka Mist party room at 11:45 a.m., July 12, 1985. The price of the lunch is $8.00, this includes the gratuity. PI -Ise call me by noon on July loth if you plan to attend. EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOO LINE CONCOURSE 501 MARQUETTE AVE. MINNEAPOI.IS.MINNESOTA 55402 339-8291 (AREA CODE 612) July 2, 1985 Members of the City Council Orono, Minnesota C1- s�[�I ::. � �;. 1HG � F ' JL $ .^- I 1:, 0 C1. t n of C rt ON We thought you might want a memento of the recent city financing and enclose a specimen general obligation improve- ment bond to show this step which occurred during your administration. May we say that it has been a pleasure to serve and work with you. Warmest personal regards. Sincerely, EHL AND ASSOCIATES, I C. Carolyn Dr e CD: jr Enclosures FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE July 2, 1985 Members of the City Council Orono, Minnesota EIILEKS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODE 6121 We thought you might want a memento of the recent city financing and enclose a specirien general obligation improve- ment bond to show this step which occurred during your administration. May we say that it has been a pleasure to serve and work with you. Warmest personal regards. Sincerely, 4EHLAND ASSOCIATES, I C. Carolyn Dr e CD:jr Enclosures