Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09-09-1985 Council Packet
MINUTES OF THE REGIII,AR ORONO COUNCIL MEETING IIEI,D SEP`i'EMlil?R 9, 1981). PG 1 AT`I'L:NDANCE 7:02 PM The Orono Council met on the above date with the following members present: Acting Mayor Frahm, Counci lmembers Grabek and Hammerel. Absent: Mayor Butler and Councilmember Adams. The following represented the City staff: City Administrator Bernhardson, Finz.nce Director Kuehn, Building & Zoning Administrator Mabusth, Asst. Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Radio and City Engineer Cook were also present. FEDERAL REVENUE SHARING GRANT PROPOSED USES FOR 1986 PUBLIC HEARING 7:02 - 7:03 PM A Public Hearing was held to consider the proposed uses of Federal Revenue Sharing monies within the 1986 General Fund proposed budget of $2,244,905. The proposed uses of the Revenue Sharing monies are for Public Safety Personal Services Support within the Police Department. City Recorder Peterson noted the affidavit of publication. CONSENT AGENDA* Acting Mayor Frahm convened the Public Hearing at 7:02 P.M. There were no comments from the Public and the Public Hearing was closed at 7:03 PM. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the proposed uses of Federal Revenue Sharing monies. Motion, Ayes (3), Nays (0) . It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to approve the Consent Anenda subject to removing Item N4-1852 Stanley Gregory and Item024-City Insurance per request. Motion, Ayes (3), Nays (0). APPROVAL. 01r MINUTES* It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to approve the Minutes of the August 26, 1985 Regular Council meeting as submitted. Motion, Ayes (3), Nays (0). PARK COMMISSION C016CENTS There were no comments f rom the Park Commission at this time. LAKE MINNETONKA CONSERVATION DISTRIC REPORT: Councilmember Grabek requested staff's clarification of the LMCD proposed ordinance regarding the regulation of boats docked at private docks. APPOINTMENT OF REPRESENTATIVE It was moved by Acting Mayor Frahm, seconded by Councilmember Hammerel, to re -appoint JoEllen Hurr as LMCD Representative for another 3-year term. Motion, Ayes (3), Nays (0). PLANNING COMMISSION COMPUCWM Planning Commission member Wi IIiam Sime was present and had no comments at this time. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SE;PTEMBER 9, 1985. PG 2 PUBLIC COMMENTS: WILLIAM SIME - 2106 SHADYWOOD ROAD William Sime was present and requested the Council to consider his request of allowing him to construct an addition to his house which will result in an additional 27 sq. feet of hardcover by trading off the removal of 27 sq. feet of existing hardcover and waiving the variance procedure in this matter. Mr. Sime presented the Council with a survey showing his proposed addition and the proposed removal of existing hardcover. Mr. Sime also presented a signed petition from all the neighbors within 150 of his property approving of his plans. ROVEGNO FENCE Because of the documentation supporting Mr. Sime 's request, the Council unanimously decided to approve his request to allow him to build his addition subject to him removing the proposed 27 sq. feet of existing hardcover upon staff's supervision. Council also instructed staff to review and make a procedural recommendation for this type of simple request. Councilmember Grabek reported that he has received numerous calls regardir.:g the Rovegno fence, one of which an anonymous caller threatened to tear the fence down if Council does not take action. City Administrator Bernhardson stated that due to a dewy in publication, the Public Hearing for this matter will be held at the October 21, 1985 Planning Commission meeting and that staff will report back to the Council the following week. 1852 STANLF1 GREGORY 1410 SHOREI•INE DRIVE CONDITIONAL USE PERMIT RESOLUTION #1844 Stanley and W.P. Gregory were present for this matter. Also present was Greg Kopischke, applicant's Engineer/Planner. Staff presented an amended Resolution adding the following Condition: The City will not approve the use of chemical agents in the control of algae and aquatic vegetation within the decorative pond. The City will not permit the use of fertilizers, pesticides or herbicides within 30 feet from the edge of the decorative pond. Stanley Gregory stated she had no problem with the condition as stated. It was moved by Acting Mayor Frahm, seconded by Councilmember Eiammerel, to approve Resolution #1844 as amended granting the Conditional Use Permit. Motion, Ayes (3), Nays (0). MINUTES OF THE RF:GUI.AR URONO C OUNC11. MEFT i NG I11:1.D .:I:PTF.MBP:P 9, 1985. PG i #927 STANL.F:Y GREGORY 1410 SHORELINE DRIVE VARIANCE Stanley and W.P. Gregory were_, present for this matter. Also present was Jack Robertson, applicant's architect. City Administrator Bernhardson reviewed the revised plan for the construction of a pool within the 0-75' lakeshore setback, which would also increase the existing hardcover overage within this area. Bernhardson stated that staff recommends denial of this application because there are no demonstrated hardships. Councilmember Hammerel questioned whether a pool is considered hardcover. City Administrator Bernhardson stated a definitive answer to Councilmember Hammerel's question has not been determined. Jack Robertson made his presentation stating that although the location of the pool is within the 0-75' zone, it would not be visible. Robertson explained the precautions being taken to prevent any drainage from the pool area from causing any detrimental affect to water quality. Robertson indicated that the mal., reason for locating the pool closer to the house is health reasons. Counci lmember Grabek stated that a precedent would be set by allowing this ccnstruction within the 0-75' setback. Councilmember Hammerel was undecided because a pool has not been officially determined as hardcover. Acting Mayor Frahm stated that he felt more expertise on the adverse effects was needed. Frahm also stated that there seemed to be no valid hardship and an alternative site is available. It was moved by Councilmember Hammerel, seconded by Councilmember Grabek t.otable this matter indefinitely,with the applicant's consent, for additional data from staff and "experts". Motion, Ayes (3), Nays (0). #916 KRIMME1./LNGLES14A* 960/990 PARTENWOOD ROAD SURD. OF A I.OT LINT': REARRANGEMENT RESOLUTION #1845 Bruce EngElsma, 990 Parternwood Road, was present for this matter. It was moved by Act: ing Mayor Frahm, seconded by t:ounci Imember Grabek, to adopt Resolution #1845 approving the plat of a lot line rearragement known as Par tenwu)cd Second Addition. Motion, Ayes (3), Nays (0). MINUTES OF THE: REGULAR ORONO COUNT 11, MEETING HELD SEPTFJ413F.R 9, 1985. PC 4 #930 SHAVER/TI:ARSP: 1080 FE:RNDAI.E: .tOAD WEST RIPARIAN ISSUE: Jim Shaver, 259 E. Lake, Wayzata, and H.H. Tearse, 1840 Fox St., were present for this matter. Also present was Attorney John J. Taylor, Dorsey & Whitney, representing the Shaver/Tearse interests and Attorney Walter H. Rockenstein II, Faegre & Benson, representing an abutting neighbor. City Administrator Bernhardson explained the background of this issue being the status of riparian rights to a 251x25' lot, also owned by same owners, which is currently under water in the lagoon. John Taylor Rave a brief history of the property and stated the applicant's request to use part of the city right-of-way to step on to a dock. Taylor also noted that there is 8-1/2 feet from the road to the water at this time. Councilmember Frahm questioned the width to provide a safe shoulder. City Engineer Cook stated that new roads require 6-8' of shoulder, but existing city roads should have 6' conservatively. Council questioned the liability if an accident should occur on city right-of-way from the dock. Mr. Rockenstein stated that the liabilitywould be the city's responsibility unless they required a harmless clause in the agreement, however, even with this clause the city may be held liable if the financial capability is not provided. City Attorney Radio submitted his opinion regarding these issues, which clearly indicates the applicant's right to use a portion of the city's unused right-of-way and the right to construct a dock. Radio's opinion also listed several concerns to be considered. It was noted that. Ralph C. Bagley, 1105 Ferndale West, has written the Council indicating his objection to the use of city right-of-way. Councilmember Hammerel stated that more was being read into this matter than necessary as there are numerous docks like the applicant is requesting and because the owner bought this lot with riparian access rights, he should be able to sell it as such. City Attorney Radio stated that the property owner is paying taxes an this piece of property, which just happens to tw under water, and has the right to utilize this property. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. I'G 5 #930 SHAVER/TKARSE continued Acting Mayor Frahm indicated his concerns with Attorney Radio's opinion. Frahm also stated he felt that the lots should be combined and he still had concerns on the liability. Councilmember Grabek stated that he felt the applicant should have the right of access to his piece of property which has been recognized as a legal piece of property by the State and City and which applicant is paying taxes on. Councilmember Hammerel agreed with Councilmember Grabek's statement. Acting Mayor Frahm stated that he would be against it unless the two pieces of property were legally combined. Zoning Administrator Mabusth asked the Council to reconsider their original approval of a rear setback variance for the proposed residence on the interior lot. A recent survey confirmed the house will be set 30.8 feet from the rear lot line not 37 feet as originally proposed. Attorney Radio stated that the applicant must file a separate application request for use of the public right-of-way and a variance to allow _he dock as a structure, which must be presented before the Planning Commission. It was moved by Councilmember Grabek, seconded by Acting Mayor Frahm, to conceptually approve the rear setback variance application of Jim Shaver and directed staff to prepare a resolution for formal action by the Council at the next meeting. Council further directed the applicant to file a separate variance application with the City in order to permit construction of an accessory dock on a lot that could not sustain a principal structure in addition to seeking formal approval of the use of the public right-of- way. Motion, Ayes (3), Nays (0). #941 PAUL NUTT - RES. #1846 1946 DAVID C. COOK - RES. #1847 #951 JOHN THIMMISH - RES. #1848 2739 SHADYWOOD ROAD CONDITIONAL. USE PERMIT/VARIANCE Paul Nutt, David C. Cook, and Job Thimmish were present for this matter. City Administrator Bernhardson explained the applicants' request for a) variance to maintain a dock (accessory structure) on a lot without a principle structure b) conditional use permit and variance to continue the non- conforming use, be recognized as a legal non -conforming use. MI NUITS OF TiIF: RE:GLIIAl? OItONO : OIINC I I, MEETING If1:1.1, ; I 1 ;TMI,i it 9, 1 9H') . I'(: 6 1941 , 1946, t9 ,l - 2739 SHADIVOOD ROAD continued City Administrator Bernhardson st.ate(l staf f's recommend- ation to add another cond) t ion to the l)ruposed rescl ut ions, being that if any change) in the dock st.ructur-P should occur it must be approved as a new cc,)nd i t i ona 1 use permit. Council and st of f decided t a amend the proposed resol ut ions toread under Condition 1i "Applicant/owner is limited to the mooring of one boat . " (No length is speci f i fed ) It was moved by Act ing Mayor Frahm, secondpcl by Cuunci lmember Grabek, to approve Resolutions 11846, $lh47, 01848, incorporating the two Previous stated amendments. Motion, Ayes (3), Nays (0). Mr. Thimmish indicated he wished to move his dock over to accomadat.e one large slip. Council instructed staff to monitor the moving of his dock. Council also instructed staff to recoil the current leng•hs of the docks there. 1945 H.J. MUMAN 1040 TONKAWA RUAI) CONDITIONAL. USE PERMIT RESOLUTION R.J . Bauman was present fur this rant ter . Also pretscr.t. was G. Noeltinq, IU60 Tonkawa Road. City Administrator Hernhardson explained the initial request to remove.] a couple dead trees within l0' of the shoreline. HerrnhArdson stated that there is a hardcover issue and concerns regarding the drainage. Asst. 'Zoning Administrator Gaff Yon exl.lainod the purpose of the existing tilt' on the north side of the house. Gaffron noted that there is a [)roblem, dealinq with the drainage from the neighboring prof>erty. GAffron atated another concern was the possible adverse effects t(-) t h)e lakeshore tank by removing the dead tree st umP s . City Engineer Ccx)k agreed with Asst. ic)ninq Administrator Gaffron's concerns and the pc)7isiblp need for rip -rap along the shored i ri-t?. Assi... Tonin(l Admix) st rAtOr Gaf Iron stated t.fiat they f:ave r)cat determined the- teeth method fc,t controll)nq the irairagr. Staff's recommendation i))n is to tatwle• this matter for twc• wee-k5 in order to identify the issues. It w)is Moved Uy Counci lfremLwr Grabrk, seconded by Acting Mayor Frahm, to tat:lr this matt«,r until the next Council niect i nil, but to pf.-r m i t Mr. Bauman to cut clown the de ad trees leaving they stumps and ve•ge•tat tor) ":ntouc-head at this t irw. Motion, Ayes (3) , Nays, i )+ 1 . MINUTES OF 11'11h: kF'(;(II,Ait (WONO COUN('ll, MEETING ItFIA) ;;f:4''1'H:M4tF:Ft '), 1985. PC 7 1947 NORMAN & c'11141STIK DEWITT 1180 LYMAN AV1:NUE VARIANCE RESOLUTION # 1849 Christie DeWitt was present for this matter. C:ty Administrator Bernhardson explained the applicant's request for a lot area variance ir. a two acre zone to construct a hume at the end of Lyman Avenue. Staff has recommended approval of the variance. It was moved by Actinq Mayor Frahm, seconded by Counci lmember HdmmeArel, to approve Resolution 41849 as drafted. Motion, Ayes (3), Nays (0). 0948 DAVID C. BFLL INVESTMENT CO. 565 LEAF STREET PRELIMINARY SUBDIVISION City Administrator Bernhardson explained the applicant's request for a preliminary two -lot. division. Bernhardson noted that both lots exceed the square footage required and have the appropriate dry buildable, two of the conditions recommended art-, the rep --ova 1 of the o 1 d stone f ounda'_ i on and a hazardous pool. Staff recommends approval. Larry L. Hanson representing applicant was present for this matter. Mr. Hanssun btated that they wi 11 comply with the c:unditruroi stated. It wars IruvE-ci by Act i ny M,ty(_)r Frahm, seconded by Counci lmembe. Grabek, to al,prove the Preliminary SuLKlivision. Motion, Ayes (i), Nays (0). 19',4 ORO NO GOLD COURSK• 265 ORONO ORCHARD R( AD CONDITIONAL USE PF" I T RESUI.U9' I oN 01850 It was meved by Act is 4 Mayer Frahm, seconded by Courci lmernber Grabek, to approve Resolution 11850 granting a Conditional Use Permit fur c xpanssion of the 4t h tee and regrading of tee '1pron arc.i at the Munic ijal Golt Course. Motion, Ayes (.3), Nays (0). HIGHWAY 12 - U11DATE• It wanmoved by Ac-t s nq Mayer Frahm, sseconde d by Counci lmember Grabek, to publish notice, for a public- hearing on an ordinance limiting development in the Highway 11 corridor study for octuber 7, 1945 as recommended by st,A f . Mutiun, Ayf-s ( 3 ) , layh ( 0 ) . CITY P.W;INEKR' S REPORT: CONTRACTOR'S RFQUK:;T VOR PAYMENT* It wasmoved tjy Act i nq Mayor Frahm, sae{conded by Counc i Imo-mber carat,*•k, to approver haymo•nt to A.N.I. Cuntractinq Inc. for Sanitary Sewer c . y� 1 ,, 1 K,iy as recommended. Mot i c)n , Ayes (4) , N.sysb (11). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 8 WILLOW DRIVE - RES. 11851* OLD CRYSTAL BAY ROAD - RES. 11852* MSA ROADS MAYOR'S REPORT It was moved by P^ting Mayor Frahm, seconded by Councilmember Grabek, to approve the following Resolutions setting a speed limit of 30 mph and indemnifying the Minnesota Department of Transportation from any --laims as a result of setting such speed limit: Resolution #1851 - Willow Drive near Fox Street Resolution #1852 - Old Crystal Bay Road from Co. Rd. 84 to Co. Rd. 6 Motion, Ayes (3), Nays (0). There was no report from the Mayor. CABLE TV - 1986 BUDGET* RESOLUTION #1853 It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to adopt Resolution #1853 approving the 1986 budget for the Lake Minnetonka Cable Communications Commission. Motion, Ayes (3), Nays (0). TRANSPORTATION REPORT There was no Transportation Report. CITY ADMINISTRATOR'S REPORT- CONPENSATION STUDY City Administrator Beinhardson recommended tabling this matter until the September 23, 1985 Council meeting for discussion. NOISE i CONSTRUCTION ACTIVITY REGULATIONS* It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to accept staff memo regarding the regulation of noise and construction activity. Motion, Ayes (3), Nays (0). 1986 BUDGET PRESENTATION City Administrator Bernhardson noted the re -scheduled dates for reviewing the 1986 proposed budget. SEWER POLICY* RESOLUTION 11854 BIG ISLAND* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to adopt Resolution 01854 establishing sewer Assessment policy Navarre area Lift Stations Numbers 6, 7, 8. 13 and 22. Motion, Ayes (3), Nays (0). It was moved by Acting Mayor Frahm, seconded by Counci lmer-ber Grabek, to accept staf f I recommenddt ion t o cunt i nue the Big Island Veteran's Camp condemnation p:ocevdings indef in- itely. Motion, Ayes (3), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 9 POLICE DEPARTMENT INTLRN* CITY INSURANCE AUCTION* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to authorize John Hamilton to serve as a police intarn as requested and recommended by staff. Motion, Ayes (3), Nays (0). It was moved by Councilmemb-4r Grabek, seconded by Acting Mayor Frahm, to authorize City Administrator Bernhardson to obtain city umbrella insurance upon -verbal approval from three councilmembers. Motion, Ayes 0), Nays (0). It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to accept staff memo regarding the city auction held on August 31, 1985. Motion, Ayes (3), Nays (0). 1950 SHORELINE DRIVE* SEWER UNITS RESOLUTION #1855 It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to adopt Reso_ution #1855 determining that 4 sanitary sewer services will be provided to the property at 1950 Shoreline Drive. Motion, Ares (3), Nays (0). F.W.B.I. ASSESSMENT HEARING* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to order a public hearing on the matter of the F.W.B.I. assessment hearing for the lift station 17 forcemain on October 28, 1985 at 7:00 PM. Motion, Ayes (3), Nays (0). HAZARDOUS BUILDINGS* RESOLUTIONS 11856,01857,11858,#1859 It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to adopt the following resolutions ordering abatement of hazardous building act.ioa: Res. #1856 at 3905 North Shore Drive Res. 11857 at 3598 North Shore Drive Res. 11858 at 3401 Eastlake Street Res. #1859 at 3445 Crystal Bay Road Motion, Ayes (3), Nays (0). REFUND OF CREDIT BALANCES* UTILITY BILLING It was moved by Acting Mayor Frahm, seconded byCouncilwember Grabek, to approve refunds of overpayments on final sewer and water utility bills as listed in staff memo dated September 6, 1985. Motion, Ayes (i), Nays (C°). ADMINISTRATOR'S INFORMATION* It. was moved by Act inq Mayor Frahm, seconded by Counci 1"mber Grabek, to accept City Administrator Bernhardson's Infc�tmation report concerninq: Smith -Powers Sewer, Bohn's MINUTES OF THE REGULAR ORONO COUt1CIL MEETING HELD SEPTEMBER 9, 1985. PG 10 ADMINISTRATOR'S INFORMATION* continued Puint Parade of Homes, Temporary Officer, 130 Cygnet Place, 2695 Casco Foint Road, achlee Development, Minnetonka Gun Club, ane Crystal Bay Sewer Project. Motion, Ayes (3),Nays (0;. CITY ATTORNEY'S REPORT City Attorney Radio updated the Council on the Crystal Bay caeaq and indicated that they will probably be consolidated. LICENSES* BILLS* It was moved by Acting Mayor Frahm, seconded by C..)uncilmember Grabek, to approve the following license: Art Center of Minnesota - Cne day set-up permit for Smith Days on September 6 and 7, 1985. I :o! I` con, Ayes (3) , Nays (0 1. It was moved by Acting Mayor Frahm, seconded by rouncilmember Grabek, to ar•prove payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes (3), Nays (0). ADJOUR104ENT 9 : 2 2 PM It was moved by Acting Mayor Frahm, seconded by Counc; Imember Hammerel, to adiourn the regular Council meeting at 9:22 PM. Moticn, Ayes (s), Nays (0). ATT i thy M. inCity Clerk Mgri"y C..BTutlei , Mayor T, 'iuv: Frahm, Act inq Mayo., AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 9, 1985, 7:09 P.M. (*) Asterisk items are consid`red to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. ROLL CALL 7:90 P.M. PUBLIC HEARING - Federal Revenue Sharing Money Uses 1. CONSENT AGENDA* APPROVAL OF MINUTES 001 * 2. Regular Meeting of August 26, 1985 ��� � 913�5 PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT REPORT QF 3. Appointment of Representative PLANNING COMMISSION COMMENTS - William Sime Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4. #852 Stanley Gregory, 1410 Shoreline Drive - Conditional Use Permit - Resolution 5. #927 Stanley Gregory, 1410 Shoreline Drive - Variance * 6. #916 Krimmel/Englesma, 960 and 990 Partenwood Road - Subdivision of a Lot Line Rearrangement - Resolution 7. #930 Shaver/Tearse, 1080 Ferndale Road West - Riparian Issue 8a. #941 Paul Nutt, 2739 Shadywood Road - Conditional Use Permit b. #946 David C. Cook, 2739 Shadywood Road - Conditional Use Permit c. #951 John Thimmesh, 2739 Shadywood Road - Conditional Use Permit 9. #945 R. J. Bauman, 1040 Tunkawa Road - Conditional Use P� ',lit - Resolution 10. #Q47 Norman & Christie DeWitt, 1180 Lyman Avenue - Variance - Resolution 11. #948 David C. Bel Investment Company, 565 Leaf Street - Preliminary Subdivision *12. #954 Orono Golf Course, 265 Orono Orchard Road - Conditional Use Permit - Resolution *13 Highway 12 - Update CITY ENGINEER'S REPORT *14. Contractor's Request- for Payment and Channe Order *15. Willow Drive & Old Crystal Bay Rd - MSA Roads - Resolutions (2) MAYOR'S REPORT CABLE TV REPORT *16. 1986 --idg et - Cable TV - Resolution TRANSPORTATION REPORT AGENDA FOR COUNCIL MEETING SE,r FOR MONDAY, SEPTEMBE:R 9, 198`-), 7:00 P.M. CITY ADMINISTRATOR'S REPORT 17. Compensation Study *18. Noise and Construction Activity Regulations 19. 1986 Budget Presentation *20. Sewer Policy - Resolution *21. North Shore Drive Petition - Recommend to Continue to September 23 *22. Big Island *23. Police Department Intern *24. City Insurance *25. Auction *26. 1950 Shoreline Drive - Sewer Units - Resolution *27. FWBI Assesment Hearing - Set Date - October 28 *28. Hazardous Buildings - Resolutions (4) *29. Refund of Credit Balances/Utility Billing *30. Administrator's Information Smith - Powers Bohn's Point/Parade of Homes Temporary Officer 130 Cygnet Place 2695 Casco Point Road Schlee Development Minnetonka Gun Club Crystal Bay Sewer Project CITY ATTORNEY'S REPORT LICE:NSE:S ( i 1 * ) RILLS (32*1. ADJOURNMENT Memo #85--34 TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: September 9, 1985 SUBJECT: Revenue Sharing Eudget Hearing On Monday, September 9, 1985, Council will hold a public hearing at 7:00 p.m. concerning the proposed uses of Federal Revenue Sharing monies within the General Fund proposed budget of $2,244,905. The proposed uses of the revenue sharing monies are for public safety personal services support within the police department. As you are aware 1986 will probably be the final year that we will receive revenue sharing grant monies. Therefore we should expend all available monies to insure a clean cut off and to simplify the accounting and audit processes. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato Forwarded recommending approval. CITY OF ORONO FEDERAL REVENUE SHARING PROPOSED USES FOR THE 1986 BUDGET YEAR Proposed Rev Share Budget Portion General Fund City Council S 40,765 Administration 116,465 Elections 13,225 Assessing 49,150 Finance 97,205 Legal 74,200 Government Buildings 44,950 Human Rights 7,345 Police Protection 902,615 $29,000 Fire Protection 139,870 Planning Zoning Inspection 167,060 Civil Defense 2,475 Animal Control 8,420 Engineering 4,710 Street Maintenance 402,580 Parks and Recreation 48,060 Special Projects 6 Contingency 125,810 TOTALS $2,244,905 $29,000 COUNCIL MEETING c f p 9 11335 OFFICIAL PUBLICATIOar OF ORONO NOTICE OF PUBLIC HEARING NOTICE is hefeby given that the Orono City Council will hold a Public Hearing in City of Orono Council Chambers on Monday September 9, 1985 at 7:00 p.m. concerning the proposed uses of approximately $29,000 of Federal Revenue Sharing monies for Police Department Personnal Services support within the General Fund estimated budget of $2,018,150. The information is available for public inspection at the City offices. All persons wishing to provide written and/or oral comments, and ask questions regarding the entire budget in relationship to Revenue Sharing will appear at this time. Written comments may be submitted to the Orono City offices, P.O. Box 66, Crystal Bay, Minnesota 55323. Dated: July 22, 1985 By: ORDER OF THE CITY COUNCIL /s/ Dorothy M. Hallin City Clerk Publish in the Laker and the Lake Minnetonka .gun, the week of August 26, 1985. OFFKAX PUB—ICATION Not ICE OF PUBLIC HEAf11N0 NOT" is hvepy oly«, that the Orono c,ly Affidavit of Publication councti Wo hold a PtrbNt Hoer" m City of e 9 loss Tat 00 p oneNnt* w a State of Minnesota, County of Hennepin. +use of appror"Gly $29 OW of Fedwai fMwntre Shaft mouse to Police Oepatment � W9" ed�+al �ewo i o e 155o�,� Bill Holm, being duly sworn, on oath says that he Is fOrt"el"n j 1 1Sftb* for public "Plictloo at the an authorized agent and employee of the publisher CRYoffic" ;,, ,O of the newspaper known as THE LAKER, Mound. Min- ft aa, conirnenfe, and aak Ouaafiotkeen andlor .wdN the nesota, and has full knowledge of the facts which are entire budget to rewi unship to Mvenue Sher stated below. 00 will appear at ttea time W WW comments may be w mtted to fM Orono CNy oryicee. p O Bo' M. C"81 8. MMririeeota 55323 A I The newspaper has complied with all the re - Dated July 22 1985 quirements constituting qualifications as a qualified By OHOEH OF THE CITY COUNCIL rvDorany M HaWn newspaper, as provided by Minnesota Statute Ctty cW" 331 A 02. 331 A 07. and other applicable laws, as (Published m The Laker Aun 27 i945, amended �/ B ) The printed �'%�-1 �/ Ale PQl'-_ which is attached was cut from the columns of said COUNCILMEETING newspaper, and as printed and published once each week for successive weeks. "P 9 1935 It was first published Tuesday. C" OF ORONO the 27 day of /#VG ' . 19`�� and was thereafter printed and published every Tuesday, to and including Tuesday. the day of 19 � ;v1/' Authorized Agent Subscribed and sworn to me on this y Z / day of "� ' 19 v BY w ,i;(tiMry P�Iblic ;.. _.) Rate information 2 � C VV . Lowest clawf,erd rato pail by cotnirtwcwl users hx corripwabte ~-/.�..r.�..�.�. - .. apace $6 100 pet ,nth (2) Mammum rate allowed by taw fur atntve mallet $4 13 per inch as 8 13) Hate actually chdt4o- l fur above matter $4 13 pet irx.h ! L Each m]oit,onal successive week $2 lh per inch l` ,J J CITY qF VON() MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 1 ATTENDANCE 7:04 PM COUNCIL MEETIN The Orono Council met on the above date with the following embers present: Mayor Butler, Councilmembers Adams and --Frahm. Absent: Councilmembers Grabek and Hammerel. The 9��a5 following represented the City Staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building CITY& Zoning Administrator Mabusth, and City Recorder Peterson. OF ORONO City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve the Consent Agenda subject to removing Items #2 Approval of Minutes, #6 Asplund/Monge Variance, and #7 Shaver/Tearse Riparian Issue, per councilmember request. Motion, Ayes (3), Nays (0). #956 MRS. PHILIP W. PILLSBURY 1200 BRACRETTS POINT ROAD VARIANCE RESOLUTION #1835 PUBLIC HEARING 7:15 -7:17 Representing Mrs. present. Pillsbury, her attorney Steve Pflaum was Zoning Administrator Mabusth noted the certificate of mailing and affidavit of publication. City Administrator Bernhardson reviewed the application stating that the old house has been torn down, the proposed new house improves the setback, there is no excessive hardcover, and on -site septic system is adequate. Bernhardson stated that lot area and lot width variances are needed to conform. Zonirc� Administrator Mabusth stated that there are no problems and it is an improved condition on the property with no lakeshore setback and hardcover problems. Mabusth stated that the Planninq Commission recommended unanimously to approve the variance application. There were no comments from the public and the public hearing was closed. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #1835 as drafted approving the variance. Motion, Ayes (3), Nays (0). #957 F.W. CURTIS 2180 PROSPECT AVENUE CONDITIONAL USE PERMIT RESOLUTION #1836 PUBLIC HEARING 7:30 - 7:34 Fred W. and Margaret Curtis were present for this matter. Zoning Administrator Mabusth doted the certificate of mailing and affidavit of publication. MINUTES ON THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 2 #957 CURTIS continued City Administratoi Bernhardson explained the City'srequest (as the applicant in this matter) to correct an existing drainage problem at 2180 Prospect Avenue which will also improve the drainage flow between the Curtis and Jentilucci properties. Bernhardson stated that the Jentilucci's are in agreement with the proposal. City Engineer Cook explained his proposed plans for correcting this problem. LaDean McWilliams, 1130 Willow Dr., was present for this matter but made no comments. There were no comments from the public and the public hearing was closed. APPROVAL OF MINUTES Councilmember Frahm requested that staff obtain a written statement from the Jentilucci's indicating their concurrence. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #1836 approving the Conditional Use Permit. Motion, Ayes (3), Nays (0). It was moved by Councilmember Frahm. seconded by Councilmember Adams, to approve the Minutes of the August 12, 1985 Council meeting amending the motion on page 4-last paragragh to read "It was moved by Councilmember Adams, seconded by Mayor Butler,". Motion, Ayes (3), Nays (0). PARR COMMISSION COMMENTS There were no comments from the Park Commission. LAKE MINNETONKA CONSERVATION DISTRICT REPORT - DOCKING RESTRICTIONS LMCD Representative JoEllen Hurr was present. Burr passed out to the Counci 1 literature on boat launches and a map of the lake. Hurr reported that the LMCD held a public hearing on August 14th regarding the number of boats that could be stored at private docks. Hurr stated that many people felt that government should not interfere with the number of boats stored in front of their homes, however, many people were in support of legislat ive action to control the number of boats. Hurr stated that one option being considered was no restriction on two boats, and any more than two boats must prove ownership. Hurr presented and explained a printout from Hernipin County Municipal Court of all the tickets issued in 1984. Hurr stated that they will be lobbying the legislature for a stricter Boating While Intoxicated (BWI) law however, the LMCD may adopt their own ordinance for stricter BWI enforcement if that statewide law is not adopted next legislative session. MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD AUGUST 26, 1985. PAGE 3 PUBLIC COMMENTS Mr. David Fox, 1645 Bohns Point Road, stated that he would like to see the City of Orono take action to regulate construction activity of homes on these points: 1)hours of construction should be Monday - Friday 8 am - 5 pm, Saturday 9 am - 4 pm, and nc construction on Sunday. 2 )requiring on -site sanitary facilitie- Mr. Fox also indicated his interest in item #19* Parade of Homes. He stated that he hoped the City of Orono would develop a plan to deal with future Parade of Homes. Mayor Butler told Mr. Fox that item #19* was already approved on the consent agenda accepting staff's memo and supplied Mr. Fox with a copy of that memo advising him if he had any questions to contact City Administrator Bernhardson. ZONING ADMINISTRATOR'S REPORT: #852 STANLEY GREGORY 1410 SHORELINE DRIVE CONDITIONAL USE PERMIT Mrs. Stanley Gregory and W.P. Gregory were present for this matter. Also present was Greg Kopischke, applicant's Engineer/Planner. City Administrator Bern.-tardson explained the application for a conditional use permit for alteration of land to create a decorative pond. Bernhardson stated that staff's recommendation is that this be approved as having minimal negative effect and possibly a beneficial effect. Zoning Administrator Mabusth stated that "experts" concur that the proposed decorative pond will have little negative impact on water quality or quantity, and that this plan would be an improvement. ( "Experts" being Jim Mahady of MCWD, Joel Settles of U.S. Soils Office, and Dr. Richard Hanson of FWBI ) Mabusth stated that the only problem the applicant might have is maintaining the water level. Greg Kopischke stated that because they are increasing storm water storage by creation of the pond, it will allow settlement of sediments, which should impro6.:wate-• ality. Kopischke stated that the channel area would t minor depression, no more than 12-18" deep, just enoug, o allow water to move out. It was moved by Mayor 3utler, seconded by Councilmember Adams, to direct staff to draft a resolution approving the Conditional Use permit for the installation of a decorative pond. Motion, Ayes (3), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 4 #927 STANLEY GREGORY 1410 SHORELINE DRIVE VARIANCE Mrs. Stanley Gregory and W.P. Gregory were present for this matter. Also present representing the applicant were Greg Kopischke, Engineer/Planner and Jack Robertson, Architect. City Administrator Bernhardson explained applicant's request to install a swimming pool requiring a structure and hardcover variance within75'of the lakeshore, additionally the pool would be constructed 5'4" from the principal structure whereas a minumum of 10' is normally required. Zoning Administrator Mabusth explained the problem areas of hardcover. Jack Robertson submitted an adjusted proposed plan which changes the placement of the pool to 10'8" from the principal structure eliminating the need for that variance. Robertson stated that although the pool would be within the 75' setback area, it would not be visible. Robertson stated the new plan reduces the size of the pool which keeps it outside the mandated DNR 50' setback and has no hard surface around it with no run-off problem into the lake. Based on the findings that the applicant just submitted this revised plan and staf f has not had the opportunity to review it, and the absence of two councilmembers, it was moved by Councilmember Adams, seconded by Councilmember Frahm, to table this matter until the September 9, 1985 Council meeting. Motion, Ayes (3), Nays (0). #876 ASPLUND/MONGE 3444 EASTIJUKE STREET VARIANCE RESOLUTION #1837 Dean & Nancy Monge were present_ for this matter. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1837 granting the variance. Motion, Ayes (2), Nays (1). Councilmember Frahm voted nay. #930 SHAVER/TEARSE 1080 FERNDALE ROAD WEST RIPARIAN ISSUE CONTINUED Ken Trujille and Walter H. Rcclenstein, of Faegre & Benson, were present for this matter. Councilmember Adams requested staff to update him on the reason for delay. City Administrator Bernhardson explained that the applicants' were delinquent in submitting the appropriate opinions to City Attorney Radio, at which time Attorney Radio was scheduled fora trial and has been unable to attend to this matter. MINUTE'S OF THE: REGULAR ORONO COUNCII. ME:E;TING HELD AUGUST 26, 1985. PAGE 5 #930 SHAVER/TEARSE•, continued It was moved by Councilmember Adams, seconded by Mayor Butler, to table this matter until the September 9th Council meeting. Motion, Ayes (3), Nays (0). #932 WARD EDWARDS* 2474 CARMAN STREET VARIANCE RESOLUTION #1838 It was moved by Mayor Butler, seconded by Councilm-mber Adams, to adopt Resolution #1838 as drafted granting a variance. Motion, Ayes (3), Nays (0). #942 ARTHUR FINKELSTEIN* 1740 SHADYWOOD ROAD VARIANCE RESOLUTION #1813 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1813 as drafted granting a variance. Motion, Ayes (3), Nays (0). #944 JAMES I.EAR* 3127 CASCO CIRCLE VARIANCE DENIAL RESOLUTION #1839 It was moved by Mayor Butler, seconded by Councilmem:.)er Adams, to adopt Resolution 01839 as drafted denying an after - the -fact variance. Motion, Ayes (3), Nays (0). #949 GERALD ANDERSON/tIAGE CONSTRUCTION 4495 NORTH SHORE DRIVE VARIANCE RESOLUTION #1840 Mr. Gerald Anderson was not present for this matter. City Administrator Bernhardson explained the application for a variance of the average lakeshore setback. Bernhardson stated that staff recommends approval of the variance noting Condition #2 in the new drafted resolution which states that the deck can never be enclosed. Zoning Administrator Mabusth stated that the Planning Commission unanimously recommended approval of the variance. Mabusth noted that neither adjacent neighbor attended the public hearing to object to the variance. Councilmember Frahm suggested that in the future neighbors submit written approval. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt amended Resolution 01840 approving the variance. Motion, Ayes (3), Nays (0). MINUTES OF THE REGJI.AR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 6 CITY ENGINEER'S REPORT: CRYSTAL BAY CN ":GE ORDER #2* It was moved by Mayor Bu- seconded by Councilmember Adams, to approve Crystal Bay Change Order #2 per staff recommendation. Motion, Ayes (3), Nays (0). MAYOR'S REPORT CABLE TV REPORT Mayor Butler had no report at this time. Councilmember Frahm reported that there is a budget which must be reveiwed and approved within 30 days. City Administrator Bernhardson stated that the budget was received today in the mail and it will be on the agenda for reviewal .at the September 9th meeting. TRANSPORTP.-TION REPORT: COUNTY ROAD 15 VARIANCE APPROVAL* It was moved by Adams, to approve memo dated August CITY ADMINISTRATOR'S REPORT: NORTH SHORE DRIVE Mayor Butler, seconded by Councilmember staff'srecummendationasrequestPd in the 23, 1985. Motion, Ayes (3), Nays (0). City Administrator Bernhardson recalled that at the May 13th Council meeting the residents on North Shore Crive presented a petition requesting that no parking signs be posted on County Rd. 51, which followed a 1982 petition requesting no parking of boat trailers, at which time the County stated that they would not separately prohibit parking for a certain class of vehicles. Bernhardson reported that because of concerns and discussions with the neighbors in June i July, the Police Dept. has tried to work with the neighbors. Bernhardson stated in addition the DNR and LMCD has attempted to secure long term parking nezr the public access. As outlined in his memo dated August 21, 1985, Bernhardson requested Council to al --prove staff's recommendation. Dan Regan, 3410 North Shore Dr., was present representing the residents of North Shore Drive. Also present was Kathleen Wallace, Commissioner's Administrator for the DNR. Mr. Regan expressed his thanks to staff for their time and assistance in this matter. Regan mentioned a concern of his regarding the liability of the homeowner should anyone be hurt on their property even though the: property is posted no trespassino Regan stated that in his opinion, the only one that would bly be adversely affected by the posting no parking si •�ould be other Orono residents. City Administrator Bernhardson stated that by posting no parking east of North Arm itmay just push the cars to park further down County Rd. 51 together with adversely affecting the off -lake Orono reside-ts from using the lake. MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD AUGUST 26, 1985. PAGE 7 NORTH SHORE DRIVE continued Mr. Regan stated that more traf f is is coming f ram the marina when they are full. Regan stated he is also against a five year commitment. BIG ISLAND* Kathleen Wallace stated that the task force recognizes that there are problems. Wallace stated that there is a need for more secure access across the lake everywhere. Wallace noted that based on a study of parking of 1 per 20 acres, they recommended there be 700 car trailer parking spaces on the lake. Wallace stated that per LMCD there are presently1172 unreliable parking spaces, and 185 free reliable parking spaces within 1500 feet of a public access. Kathleen Wallace stated that earlier this season they wrote to the Hennepin County Sheriff informing him of the additional funds available for enforcement and to date have not received a response. Wallace also stated that they will be actively pursuing, through the Attorney General Isoffice, that Hennepin County to increase the prosecution of violation on the lake. Wallace stated that they will lose some overflow parking because of the re -alignment of County Rd. 15 & 51 in Spring Park. CouncilmembeL Frahm stated that he has never heard the DNR indicate that they would even recognize parking spaces other than ones directly at access parking lots. Frahm also stated that the cities should not be tacked with the expense of maintaining these proposed free parking spaces. Frahm expressed his concerns for the current safety problems on the lake without the increase of traffic and boaters and felt that these safety issues should be solved before more accesses are provided. Further di.,cussion on t. matter will be held when all councilmembers were pre. It was moved by Mayor Butler, seconded by Councilmember Adams, to accept City Administrator Bernhardson's memo regarding Big Island. Motion, Ayes (3), Nays (0). SEWER ASSESSMENT POLICY City Administrator Bernhardson noted that the case that brought this matter up was the request to put in a laundromat in one of the buildings in Navarre. Bernhardson stated that there are currently 19 sewer units to be assessed to that property which would cost the laundromat. owners $25,500 in connection charges only. City Administrator Bernhardson reviewed his report and recommendations regarding the policy for assessinq sewer units. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 8 SEWER ASSESSMENT POLICY continued Robert E. Gould, representing the proposed laundromat, was present for this matter. City Administrator Bernhardson explained to Mr. Gould staff's recommendation to charge them $335 per unit and $33.50 per year after- 1984 as outlined in Recommendation (d). Mr. Gould indicated approval of this charge. It was moved by Coun- aber Frahm, seconded by Mayor Butler, to approve sta recommendations as outlined in the report dated August 23, 1985. Motion, Ayes (3), Nays (0). ORDINANCE CODE ADOPTION* It was moved by Mayor Butler, seconded by Councilmember Adams, to accept staff's recommendation regarding Coded Adoption by Ordinance. Motion, Ayes (3), Nays (0). REVENUE SHARING REIMBURSEMENT* It was moved by Mayor Butler, seconded by Councilmember dams, to accept staff's recommendation regarding Revenue Sharing Reimbursement for Budgeted Expenditures. Motion, Ayes (3), Nays (0). PARADE OF HOMES* It was moved by Mayor Butler, seconded by Councilmember Adams, to accept staff's memo regarding the Parade of Homes. Motion, Ayes (3), Nays (0). FWBI - WATER METER REFUND* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve a refund for an unused water meter to the FWBI as recommended by staff. Motion, Ayes ( 3) , Nays ( 0) . AUCTION* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve the re -scheduling of a public auction to be held August 31, 1985 at 10 : 00 AM per staf f request. Me' ion, Ayes i3), Nays (0). TEMPORARY PATROL OFFICER SERVICES* RESOLUTION #1841 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1841 for Temporary Patrol Officer services. Motion, Ayes (3), Nays (0). 2695 CASCO POINT ROAD* RESOLUTION #1842 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1842 Ordering Abatement of Hazardous Building Action at 2695 Casco Point Road. Motion, Ayes (3), Nays (0). MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 9 ADMINISTRATOR'S INFORMATION* It was moved by Mayor Butler, seconded by Councilmember Adams, to accept City Administrator Bernhardson's Information report regarding: Temporary Patrol Officer, Highway 12 Corridor, Crystal Bay Appraiser, Rovegno Fence, Gas Spill, Zoning Ordinance Amendments, Moody's Municipal Credit Report, and the Smith -Power's Sewer Matter. Motion, Ayes (3), Nays (0). SEAL, COATING BIDS City Administrator Bernhardson requested that this item be added to the agenda for action. Bernhardson requested Council approve stafffIs recommendation to reject all seal coating bids received on June 28, 1985. It was moved by Councilmember Frahm, seconded by Mayor Butler, to reject all seal coating bids received on June 28, 1985 and staff to report back on this matter. Motion, Ayes (3), Nays (0). CITY ATTORNEY'S REPORT City Attorney Kathleen Blatz updated the Council regarding the Conservation Districts concerns with the North Shore Marina and Chaska Marina. LICENSES* BILLS* City Administrator Bernhardson stated that staff has met with Frank Mixa and that they will review and Rake a recommendation for the next Council meeting. It was moved by Mayor Butler, seconded by Councilmember Adams, to approve the following Licenses: Firearm Use Permit - Robert E. Nash On -Sale Liquor License - William Wear Solicitors License - Discount Flowers, Al Penke Septic Installers License - McCarty Water & Waste Septic Installers License - Duane Ritter Excavating Motion, Ayes (3), Nays (0). It was moved by Mayor Butler, seconded by Councilmember Adams, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes (3), Nays (0). ADJOURNMENT 9:37 PM It was moved by Mayor Butler, seconded by Councilmember Frahm, to adjourn the regular Council meeting at 9:37 PM and enter into Executive Session. Motion, Ayes (3), Nays (0). ATTEST': Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Col g1j. MEETING cp 91985 TO: Mayor and City Council �/ FROM: Mark Bernhardson, City Administrato�CITI OF ORoNo DATE: September 6, 1985 SUBJECT: Appointment of LMCD Representative As you will recall Orono's representative to the LMCD term is up in September. In the past this has traditionally been an appointment by a Council member and that JoEllen Hurr was a Council member at the time she was appointed to her three year term. The LMCC) between the appropriate committees, where much of the work is done,together with the regular monthly meeting, consistently have 4 meetings a month and if there is a public hearing there is possibly a 5th meeting. As evidenced in her letter to the Counci 1 last month, JoEl len continues to have a very active interest and desire to be reappointed to the LMCD position and feels that she can be an effective representative for Orono through the work she has done with the LMCD. WILLIAM J. SIME, JR. -, 2106 SNAOYw000 ROAO • WAYZATA. MINNESOTA 55391 • 471 •o296 C cj enrV-\evl+ J September 9, 1985 To the Orono Council: while applying for a permit to remodel my home, it was discovered I was already over the maximum hard cover allowance. The remodeling will add 27 square feet of hardcover. I have marked a trade off acceptable to the city staff proposing removal of 27 square feet of driveway blacktop, on the attached survey. The net result would be no additional hard cover. Iam requesting action from the Council tonight to permit staff to handle this tradeoff directly. I feel this request should be granted for the following reasons: 1. If forced to go through the variance procedure, I will miss the building season. 2. Similar swaps have typically been granted virtually automatically, through the variance procedure. 3. The cost of the variance in dollars and in staff, planning commission, and council time for minor items which could be handled administratively, is unwarranted. . strongly support the City's hard cover ordinances so necessary to the protection of lake Minnetonka, but I f el the Orono administration consists of capable and dedicated persone who should be permitted to make normal day to day decisions on minor items such as this which ao not adversely impact the City or the Lake. In my case, there will be no additional hard cover after the tradeoff of 27 square feet. Therefore, I respectfully request action from the council tonight which will permit this remodeling project before the glaciers arrive. Sincerely, P%-lialm J. Sime, r. J i �O If' W �3-7 �► 257 = SCE '7 8 12 S" es I Z 2- �- e (, D - L/ 3 o 7.) f�� to," L4 r.0-w-i cam. v Certificateof Survey for William J. Sime, Jr. of Lots 28 and 29, Block 1, Wiley's Park Hennepin County, Minnesota LAKE rAINNETONkA ELEVATION 9Z9.000 C.U.D. /1Z9) 01r66-2G -es r .1 i to (U I ♦I 1 0 LA I � I � Deck � Gr ° 714 2 � Eritt;n9 I ly4 • ` ' NOVfe C•nerete step I �o Scale: 1" Cate 8 - o l ro ; n WW a m B/ock/oP H -A O,. E 1. Or:✓fWe/ J N 0_ ON �. I n O .. .. ..... c� M ......f IA In Nr� N N Ei;lfig9 �- II said f I r ENO, G pre' I 24.t I I I 6re.4t.P I Orivewoy I, I 120 PLA " 119.85 MEASURED COUNTY POAD NO 19 RUN DATE 09/04/85 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 3 BATCH 002 38 17-117-23 31 0016 PPOP ADDR OZO80 511ADYWOOD RD Of:I:LR NAIIE R W CARLSEN ETAL TAXPAYER ROBERT W CARLSON NAME/ADDR 2000 SHADYWOOD PO WAYZATA MI 55391 38 17-117-23 31 0044 PROP ADDR 02117 SIIADYW00D RD 0181ER NAI1E DAVID S BECKER TAXPAYER DAVID S BECKER NAHE/ADDR 2117 SlIADYW00D RD DRONO MI 55391 38 17-117-23 42 0016 PROP ADDR 02118 SHADYWOOD RD 011t1ER NAME EDITH M ALLEN TAXPAYER EDITH M ALLEN NAME/ADDR 2118 SHADYWOOD RD WAYZATA MN 55391 PROP ADDR TIER NAtIE TAXPAYER TOTAL BATCH NAME/ADDR 002 00009 38 17-117-23 31 0041 02100 SHADYWOOD RD R i P AL13EPTSON RODERT V ALBERTSON 2100 SHADYWOOD RD WAYZATA MI 55391 38 17-117-23 31 0047 03640 TOGO RD PAMELA S PETERS PAIIELA S PETERS 3640 T0;0 RD NAVARRE MN 55392 38 17-117-23 42 0017 02106 SHADYWOOD RD W JR A G SIttE WILLIAM J SIttE JP 2106 SHADYWOOD ROAD WAYZATA MN 55391 30 17-117-23 31 0042 02092 SIIAO'YWOOD RD GRACE LEE DAHL GRY.CE LEE BAIIL 2092 SHADYI!000 RD WAYZATA MI 55391 38 17-117-23 31 0048 03580 TOGO RD D A M SIERS DANIEL A HARGARET SIERS 3600 TOGO ROAD ORollo MI 55391 38 17-117-23 42 0020 02130 SHADYWOOD RD DONALD F HAGEN DOt1ALD F HAGEN 1014 EXCELSIOR AVE HOPVINS MN 55343 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON Tiff RECORDS OF THE HENNEPIN COLRTTY DEPARTMENT OF PROPERTY TAXATION* T HE BEST OF MY KNOWLEDGE AND BELIEF. {��% DATES -// y WILLIAM J. SIME, JR. 2106 SNAOYWOOO ROAD • WAYZATA. MINNESOTA 55391 • 471 •0296 September 6, 1985 We the undersigned residents located within 150 feet of Mr. Sime's property, have reviewed his remodeling plans and find them acceptable. we hereby give him our approval to proceed as soon as possible. City of OR,ONO RESOLUTION OF THE CITY COUNCIL f�y ETIVG f 1, A RESOLUTION GRANTING t 3 1t�S A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE I TY Orr OI;®�O SECTION 10.03, SUBDIVISION 19 FILE #852 WHEREAS, William Gregory and Stanley Gregory (hereinafter "the applicants") are the owners of the property located at 1410 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 1, Dragonfly Hill (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit the installation of a decorative pond per Municipal Zoning Code Section 10.03, Subdivision 19. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #852. 2. The property is located in the LR-lA Lakeshore Residential Zoning District. 3. The applicants original conditional use permit application involved both the installation of a decorative pond and the major alteration of a designated wetlands to create a wildlife pond. 4. The applicants have asked to separate the Citv's review of the decorative and wildlife ponds in order to expedite the resolution of the decorative pond project requiring less review time and allow the installation of the pond in early fall. The wildlife pond project is more complex requiring additional review time. 5. The decorative pond (80'x80') will be constructed within a low area of approximately 3/4 of an acre in area that functions as a seasonal retention area for a localized watershed of appro- ximately 2 to 3 acres. 6. In 1982, the City approved a subdivision of the property that conditioned approval on obtaining a conservation and flowage easement over the 3/4 acre flat retention area. Page I of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. Since 1982, the relocation of an access drive and grading along the County drainage ditch has modified the drainage pattern within the watershed. The area no longer functions as an inter- mittent wetland. The existing vegetation is not classified as wetland vegetation. B. The pond will increase the retention of run-off (below 931.5 elevation of about .14 acre feet). 9. The pond will be aerated with a fountain to reduce algae growth an maintain good water quality. 10. The desired water level of the pond wi 11 be maintained by an on -site well. 11. The open water area of the decorative pond will serve as a much needed sediment trap for the 3 acre watershed that drains directly into Lake Minnetonka. 12. The interium plan providing for the installation of the decorative pond this fall wi.Ll have no detrimental effects on the overall project. 13. The current proposal for the decorative pond could be ap- proved as an independant project and its long term success does not hinge or depend on the alteration of the upper wetland. 14. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff, comments of the applicants and applicants' consultants ind the effect of the proposed use on the health, safety and welfare of the community. 15. The City Council finds that granting a conditional use permit to allow the installation of a decorative pond will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Pagc 2 of 4 C-Ity of ORO NO RESOLUTION OF THE CITY COUNCIL NO. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findin(;s, the Orono City Council hereby grants a Conditional Use Permit to Municipal Zoning Code Section 10.03, Subdivision 19 to permit the installation of a decorative pond, subject to the following conditions: 1. Prior to the issuance of a land alteration permit by the City to permit the installation of the pond, the City must apprr final grading ar.d landscape plans for banks and edge of pc temporary channel to southern culvert and upland slopes wit. watershed. 2. City will not allow construction of channel to north until final plans for wildlife pond alteration are approved. 3. Violation of or non-com- liance 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 owners have read, understood and hereby agree to the terms of this resolution and on behalf of them- selves, their heirs, successors and assigns, hereby agrees to the re,-oreing of this resolution in the chain .)f title of the prone-. . .-dopted by the Urona City Council on this 9th day of September, .1985. ATTEST: Dorothy M. Hallin, City Clerk (1) Property Owner Mary C. Butler, Mayor Pane 3 of 4 City of ORONO RESOLD i ION 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 forggoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MIN"'-SOTA ) )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 per son(s) described in and who xecuted the foregoing instrument, and acknowledged tj•- e ( ney) executed the same as his (their) free act and NOTARY FUBLIC MY COMMISSION EXPIRES Paqe 4 of 4 �r��} 3��L MEETING To: Mayor Butler M Mark Bernhardson, City Administrator `rp 919a5 Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator CITY Of OR040 Date: September 5, 1985 Subject: #927 Stanley Gregory, 1410 Shoreline Drive - Lakeshore Setback 5 hardcover Variance For Accessory Structure Zoning District - LR-lA Revised Application - Received 9/5/85 A) Lakeshore Setback required = 75' proposed = 52' variance = 23' or 31% B) Lakeshore Hardcover allowed = 0 existing = 27 s.f. or .042% (approved with application #863 for retaining wall within Lakeshore yard) proposed = 80 s.f. or .124% (53 s.f. of total includes 6" of stone edging around pool) The revised plan shows the pool now at 40'xl5'. The separation setback (required distance or setback between accessory and principal structure) is no longer requii.,d as pool has been realigned out of the required 10 feet setback area. The new location for the pool places it 1 foot closer to the iakeshore but still out of the 50 feet DNR required lakeshore setback area. The boardwalk decking area, proposed in earlier plan, has been replaced with grass. The deck area of 15 s.f. in the original plan has also been replaced with grass. I am unable to determine if the coving around the pool has been redesigned to address Council', concern at our last meeting which was the question of surface run-off. The edge of the pool was to be redesigned such that surface run-off would be allowed to run either into the pool or channeled to another area. A drainage t le has been designated on the plan that shows a drain pipe linking pool with proposed decorative pond. Surface run-off may be picked up along stone edge of pool and redirected to pond. It is my understanding that Mr. Robinson will be present at our September 9th meeting t, answer any questions Council may have regarding the revised plan. I have attached my memo of August 21, 1985 that reviews the applicants' position, their claim of hardships and the Planning Commission recommendation. Staff has r other comments or new findings after reviewing the revised plan. Please give staff cc .ceptuai direction so that I may prepare a resolution for action at. y t,r September 23rd meeting. Zoning File #852 acid #927 August 21, 1985 Page 3 b) #927 Lakeshore setback and hardcover variances - separation setback to permit construction of an accessory structure. Zoning District - LR-1B Revised Applicaiton Pertinent Ordinances a) 10.21 Subdivision 1 - Lakeshore Setback b) 10.21 Subdivision 2 - Lakeshore Hardcover c) 10.03 Subdivision 12 - Crowding Principal Building A) Lakeshore Setback required = '75' proposed = 53' variance = 22' or 29% B) Lakeshore Hardcover allowed = 0 existing = 27 s.f. or .042% (approved within application #863 for retaining wall within lakeshore yard) proposed = 100 s.f. or .155% if pervious surfacing is not considered hardcover or 1200 s.f. or 1.86% if pervious surface is hardcover. C) Accessory Structure Setback - Greenhouse from Pool required - 10' proposed - 5'4" variance - 418" or 48% List of Exhibits Exhibit A - Application Exhibit B - Addendum Exhibit C - Property Owners List Exhibit D - Orig4.nal Survey by Egan, Field & Nowah Exhibit E - Report by Applicant's Consultant Exhibit F - Revised Site Plan Exhibit G - Lakeshore Section - Underground Drainage/Filter System Exhibit. H - Hardcover Fact Sheet Exhibit I - City Engineer's Report Exhibit J - Planning Commission Minutes of 7/15/85 The applicant seeks lakeshore setback, hardcover and separation set- back variances to install a pool 211x32' located 53' to 59' from the lakeshore. The proposal also includes an 81x22' greenhouse addition at- tached to the garage. There would be a 514" separation between the pool and the greenhouse along a 16 foot wide secton of the pool. The principal structure is currently under construction - completion date at this point is not known. Zoning File #852 and #927 August 21, 1985 Page 4 The property consists of approximately 8+ acres in area. Review Exhibit D, an old survey that shows the lakeshore yard. The lakeshore yard is limited by the following: 1. Steep topography along lakeshore and north west 2. Septic drainfield located to west of house 3. Narrowing of lot along west shoreline 4. Location of existing caretakers house In the early planning stages for the development of this property, the City was asked to grant a side setback variance from the caretaker's house of 10 feet rather than the minimum setback of 20 feet to provide just the right location for the principal structure. Early site plans revealed a septic test area northeast of the princi- pal structure and the pool located i.n the current septic envelope. The original septic site would require pumping and a decision was made to relocate septic area to the west of the residential structure. If the pool was relocated west of the present septic envelope in the only available flat area, the pool would be placed closer to the lakeshore than the current proposed location. The applicant has asked if consideration can be given for the abundant land area to the north and east of the house that will not be developed. In review of the hardcover calculations (Exhibit H), it would appear that hardcover is not a problem out of the 75 foot setback zone. The question is what kinds of trade-offs are acceptable in the case of excesses of hardcover within the 75' setback area for new construction. Review of hardships stated in Kopischke's report (Exhibit I): A) Area further west of primary --^-'ic site 1. Potential conflict wit septic system drainfield 2. Exposed location to Tanager Lake which limits privacy and impacts neighbors across the lake. 3. Area would require tree removal & grading tv create a flat area and would encroach into the lakeshore setback to within about 40 feet of the waters edge. 4. Too far from house. B) Area northwest of the existing house - site suggested by staff or your June 17th review. 1. Steep side slopes (aproximately 15-20 foot drop) creatos a very difficult construction situation which coup start to encroach into the existing tree cover. 2. North iac.inq slope and orientation is not desirable for pool use. Zoning File #852 and #927 August 21, 1985 Page 5 3. Location does not r^late to the house use and traffic patterns. 4. Location is visible to train and pedestrian traffic along the railroad which restricts privacy. The applicant asks the City to consider the area to the south of the existing house/garage and requests approval of this location based on the following findings and hardships: 1. Fiat slopes adjacent to the walkout level of t12 garage. 2. Close relationship to the house, showers, restroom and storage while have a separation from other activity areas of the house. 3. Sunny location and orientation. 4. Tree cover along the lakeshore provides screening from neighbors and the lake while providing privacy for the pool user. Hardcover Considerations The applicant claims the only true hardcover around the pool within the 0-75' setback area is the 85 square feet of coping around the pool and 15 square feet of deck. The remaining improvement of some 1100 square feet involves the use of grass areas and boardwalk (Exhibit G). Review Cook's comments (Exhibit I), he feels the underdrain system is very preliminary in nature and requires greater detail before he could render judgement as to classification of hardcover but does ask that drainage tiles be directed to marsh area rather than lake as currently proposed. He does also contend that there is adequate area out of the 75 feet setback area to locate the pool. Planning Commission Recommendation Majority opinion moved to deny the multiple variance application of Stanley Gregory based on the following findings: 1. The innovative material or construction cannot be considered non - hardcover based on current policy. 2. Early planning decision made by applicant or authorized agents of applicant created the need for the variance. 3. Hardships presented by applicant are not valid when dealing with new construction and site planning -- good planning could have alleviated all need for variances. 4. There arc cthe. ocati.ons (one to the northwest side of house) for the proposed pool outside of the protected area. Zoning File #852 and #927 August 21, 1985 Page 6 5. Variances cannot be granted for the convenience of an applicant but must be based on circumstances unique to the property. Minority Opinion To approve the multiple variance application of Stanley Gregory based on the following findings and hardships: 1. Topography of property 2. Decrease need to remove trees 3. Septic system location 4. Pool is a reasonable use 5. Pool is not hardcover Council Action To give conceptual direction to staff so that a final resolution can be drafted for action at your next meeting. COUNCIL MEETING To: Mayor Butler, cEP 9 19$5 Mark F. Bernhardson, City Administrator Orono Council Members CITY OF ORONO From: Jeanne A. Mabusth, Zoning Administrator Date: August 30, 1985 Subject: #916 Gary Krimmel/Bruce Engelsma, 960 & 990 Partenwood Road - Final Subdivision - Resolution The applicants have complied with all requirements of the City and Registrar of Titles for Hennepin County. Staff recommends approval of the final plat of Partenwood Second Addition subject to the finding and conditions set forth in the enclosed resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF A LOT LINE REARRANGEMENT KNOWN AS PARTENWOOD SECOND ADDITION FILE #916 WHEREAS, The City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Bruce W. Engelsma and Gary W. Krimmel, the subdividers; and WHEREAS, the subdivision has been found to meet all standards of the LR-113 zoning district; and WHEREAS, the subdividers have completed all require- ments of the platting regulations of the City, including: 1. Dedication on the plat of drainage and utility easements. 2. Payment to the City for the legal review and filing of the plat in the amount of $75.00. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of Partenwood Second Addition, Hennepin County, Minnesota subject to the condition that the aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles on or before March 9, 1986 together with a cer�ified original copy of this Resolution. The approval granted by this Resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Counci 1 of Orono, Minnesota, this 9th day of September, 1985. ATTEST: Dorothy M. Naliin, City Clerk Mary C. Butler, Mayor % L.Lj �0 1 A 5 LJ Ll N U :,: i"t , - t! ING M I.' gInDA Kl T r IRA SEP 9 1935 CITY OF MHO TO: Mayor and City Council FROM: Thomas J dio, City Attorney -r-i RE: Granting i Permit for Construction of Dock: Shaver Corporation DATE: September 6, 1985 INTRODUCTION This memorandum will address some of the issues raised by the request of Shaver Corporation for a permit to construct a clock on the subject property. The central issues are as follows: 1. Whether the property owner has the right to use that portion of the dedicated public right of way not used by the city; 2. Whether the dock need be constructed in conformity with regulations of the Lake Minnetonka Conservation District (LMCD) and ordinances of the City. CONCLUSION 1. The property owner does have the right to use that portion of the dedicated public right of way not currently used by the City for construction of a dock. 2. Any dock constricted would have to comply with the requirements of the LMCD and ordinances of the City. ANALYSIS I. The property owner possesses the necessary right to construct the dock. The question of the owner's right to construct a dock on the subject property focuses on the unused and submerged portion of the dedicated and platted right of way for Ferndale Road. it is clear that the requested (jock could not be built in such a way as to obstruct any portion of the dedicated roadway which is being used for public travel. The owner of the underlying fee title, however., has the right to use that portion of the dedicated public right of way not being used by the City as long as that use is compatible with `he use by the public.. Town of Kin hurst v. International Lumj..r Co., 174 Minn. 305, M9 N.W. 172, -1 1 28 . The chief factual issue thus becomes whether the proposed dock is compatible with ',e public's use of Ferndale Road. The opinions of the City Engineer and Public Works Coordinator should be sought regarding the impact such a dock would have upon the safe use of the road. Should the dock cause safety risks or other interferences with the use of the road, the Council could legitimately deny the requested permit. Moreover, even if the permit is granted, the City should require certain safety precautions and that the applicant hold the City harmless from any causes of actions that might arise from accidents involving the dock. As with any action, the City should be concerned with the preceden ial value of its decision. At the same time, however, wh(.,i dealing with )arcels of land, which are unique unto themselve^ the precedent set by any one decision is limited to the casts of the situation. Each case must be examined on its own merits, with the following being considered: 1. Title history; 2. Platting history; 3. Physical characteristics of the property; 4. Taxing records; 5. - • safety issues; 5. It ence with use of public property; and, 7. t,- n, . the dock . At best, L.ture requests for construction of docks in dedicated but unused public right of ways could be supported on the grounds of precedent only if the facts were substantially similar to those involved in this particular matter. II. Compliance with regulations of LMCD and City Ordinances. The proposed dock would have to comply with the regulations of. the LMf,D ar.•' the City Zoning Code. Pursuant to - 2- LMCD regulattons, the dock could not he more than 25 feet in length, and no more than five feet wide. LMCD Ordinance 3.02, suhd. 8. Pursuant to Section 10.23, subd. 5 of Orono Zoninh Code, a dock is an accessory use in this particular zoning district. The import of this requirement is that a dock could not he constructed on this property without first obtaining a variance or until a primary structure were constructed on the adjoining property. The applicant would also have to satisfy the requirements of Orono Ordinance 6.07, which prohibits the placing of any structure upon a City street without first obtaining a permit from the City. 1821E cc: MaLk Bernhardson, City iministrator John J. Taylor, Esq. Walter 11. Rockenstein, Esq. - 3- To: Mayor Butler COUNCIL f7i, t ,'-• Mark E. Bernhardson, City Administrator � �V Orono Council Members crP 91985 From: Jeanne A. Mabusth, 'Zoning Administrator �?- n Date: September 3, 1,r;5 Subject: Conditional Use Permits and Variance rciview for non -adjacent land owners of riparian tracts withi,. iagnon locate* 300 feet ':) `.hwest of Narrows Bridge. a) #941 Paul R. Nutt b) #946 David C. Cook c) 4951 John Thimmeah Zoning District - LR-1B rroperty - Four 20 foot wile riparian tracts located within Narrows lagoon see Exhibit D. Pertinent Ordinances Section 10.24, Subdi:�.,1.on 4 (A) Section 1G.03► Subdiviii.)n 5 (J) 1. plication a) Per Section 10.24, Subdivis- 4 (A) a variance is required to i,aintain a doe' (accessory rture) on a lot without a ,,;,inc4pal struccure. b) Per Section 10,03, Subdivision 5 ( •onditional us rM."t. and variance is required if this - ->nforming use is to contin•e and, be recognized as a legal onforming use. List of Exhibit.s Exhibit A E:.;: bit B - Exhibit C Exhibit. D 5xh. bit F '?xhi of F.xhaf It - Exhil�it H F.xhii.. t I - Exhibit J - Application! Property OH1• Plat Map Lagoon I:o ;rvey i n k. _ A.Lmmesh Letter. Cook Letter ,-,L.r'_ieQ ' 'o Ownership %'ews Article 6/12/58 Survey Tract z T Review of Individual Applications: Pa A. Nutt Mr. Nutt has owned four tracts :Tracts P 6 Q - 2 land txa• and Tiacts 0 , R - 2 riparian tracts) since the late 50'>.,,. Rey: i -w r hi►., 6 E. He purchased them f rom the developer and aria^ina., ow!. f th ea even � PforA the covenants -hat governed the use of thew tracts expir. in January of 195�. Ex..ibi I wil.1 confirm than t1ht. Orono City Council wa_ -ode aware of their sale and use by nor, -ad iacent .la-1 owners back in 1958. ,?t - is in t f,e process of se l l i r.q Tiacts t�p . R t ,other non -adjacent lent , ffc has , jr-ed to file -n app i i cat i cri for c ne �: owner. Zoning Files 4)41, #946 & #951 August 14, 1985 Page 2 of 4 Tracts R & 0 have container] docks s.Lncr the early 601s. Each dock, as with the others. maintain a zero lot lin,_! setback. Both docks have had each one sail bo«r over 16 feet stored for the summer season. To my knowledge there has never been another boat kept at these docks. Tracts Q & P are the land tracts providing a parking sp 7e. for each owner. Access to these tracts are via Dick C,le's property to the south. b) Donald C. Cook Cook has owned TracL E, a riparian tract since 1979 or 1960. The tract was originally owned by an adjacent land owner and when the subject owi.er sold his homestead lot, the riparian tract was not included the sale but sold independently to Cook. The covenants governing the iai ownership com:*-ations for the 'parian tracts owned by adjacent and 3wners expired January of 196_ Cook has maintained 1 boa' over 16 feet in length a•, of line dock since his ownership. Cook does not own the conti. 'Tact D. Dick Ogle owns 'Tract D. The land tracts serve as off -s pa..tili for car. Cook does not have sufficient dry land area to provide suitable par.•-'ng r one car. Cook is able to legally park or. County Road 19 but t be an arrangement that the City would wish to encourage. If no.. zonf.orminq •ises are to be approved by the City, their use must in I place any unr- cessz 1 hazards or risks in the use of the properties _eate nuisances -or t'e surrounding property owners or the general pv.blic. It would be preferable for Cook to acquire the use of Tract D for off-street parking purposes but in light of the available parking on adja- cent County Road 19, i� is difficult for the City to deny a conditional use permit to the applicaf.r because of safety factors since the dock has been used for the past five years without mishap. Limits oi, the une of appli- cant's dock would result in an in�-rease in safety - sts to be picke -up pur.lic landing areas rather tha;+ encourage addit,Qnal parking en County ad 19. c) John Thimmesh Thimmesh is the c ent owner of recently combined Tracts S .& T. This property remained wi; ..._he original owner/c.ev !loper's family un:,.Al 1984. It was the request of a potential buyer to b .i lcl a new dock t' ,o►cmenced this year iency review process. Tract S has ham_ a zero lot .fuck for many years. The applicant asks if this property could be d joint y with another individual. I have explained that this re,'.-.; may establish limits on the use of these docks so that joint ownershi, is impractical. He understands our concern but -3 1 sc asks that the City consider that a non- adjacent owner could mainta n - beats it, -xcess of the 16 foot i(�ngth and not e►tcroach on adjacent dock areas or r , ,e Hazards for navigation within lagooc,. I suggest+._i that the City would be wary of the potential to rent or le,.se the second siip and a(](., to the parking congestion problems within, the nE ighl ood. He advised t;-at this was not his intention but that he had planne at soma future date to acquire a collector type boat in excess of :6 feat length. I ._if-ivised Thimmesh to come b e-rl at that. timf, to amend nis or. igina i condi t ion., i urf. pormi , E ••r Council approval. Zoning Files #941, #946 & #951. :august 14, 1985 Page 3 of 4 Review of Application In the Spring of 1784, after receiving complaints concerning the intense use and reported operation of a commercial marina within the Narrows Lagoon area, Council directed staff to inspect the subject area. Staff advised Council that there was indeed a potential threat to the public safety and welfare in the unregulated use of these 20 foot wide riparian tracts (se- Exhibit F) given the limited area of the lagoon. The original Registered Land Survey division (1954) created these tracts to provide protected dock use area for the homestead lots wihin that same Registered Land Sur, !y. The covenants dealing with the use of these tracts have long expired ; .,65) and four tracts are currently in the ownership of non -adjacent land owners - The City was introduced to this multiple dock area in 1979 in the process of reviewing a lot area var ince for a Robert Wa'. - n. It was an application involving the commcn o. ership of two tract of iakeshore properties. One was developed, the other undeveloped. A condition of approving that variance application was that both homestead lots on the mainlake retain a lagoon tract for dock purposes. As a result, the current owners of Tracts M & N and K & L are the only legal or conforming users of the riparian tracts. The original covenants established stanuards for the use of these limited properties but they are no longer in effect anc: many would require variances to our present code. The Marina Committee had been attempting to deal with the six ?arate owners, two adjacent residential owners and four non -adjacent owners, ' found it impossible to come to any agreement because of the diverse owner- „lp pattern and the it leaai or unresolved status of Tracts S & T, M & N, K & I, and E. The chairmar ' the Marina Committee advised each of the four owners of thr -eed to gai. legal status or recognition of their use of the riparian tra...:�.s from the Council before the committee could work with all six owners on a safe agreed upon use of the lagoon area. Planning Commission was asked to consider the following issues: 1. C these tracts be put to ar-rher reasonable use under the prese,_ zoning? 2. Were the hardships ted by the owners or due to circumstances unique to this property: 3. Is the current use of the property out of character with the surrounding lagoon neighbcrhoo6? 4. Is there a safe level of use for a 20' wide riparian lot? 5. Should the fact that these non -conforming uses existed before formal zoning have any hearing on the review - the C-ty knew in 1958 that these tracts were not ownvd and used by adjac. nt. land owners. Zoning Files #941, #946 & 0951. August 14, 1985 Page 4 of 5 6. What form of ownership is feasible for these tracts? Single or joint? 7. What combination of boat storage is acceptable? a) 1 boat over 16 feet in length only b) 1 boat over 16 feet in length only and 1 under 16 feet in length c) 2 boats each over 16 feet in length 8. Is there a special placement or pattern for dock construction that should be considered for these tracts? The only survey on record for these tracts is for the Thimmesh property - I have enclosed the survey to assist in your review. a) limit on dock width b) limit on widt"s of boat slips c) dock location within 20 feet width d) tracts cannot qualify for use of buoys in lagoon 9. Use of land tract: a) limit number of cars parked on land tracts to one b)_ no parking allowed on Shadywood Road for riparian tract users - nice, but how do you enforce? c) other land use limits? The Planning Commission felt the scope of their review of these condition.ai use permits should not deal with questions of dock construction, setbacks, etc. Issues dealing with riparian uses are best left to the Marina Committee. They wanted to limit their review to the non -conforming use issue. They unanimously agreed to recommend the granting c` i conditional 3e permit for the continued use of these tracts as legal -gin-conforming uses. The individual resolutions drafted by staff include the necessary findings. The total membership did not all agree on the limits to be placed on the use of these tracts. Four of the six members voted to limit each of the four docks to one boat olior 16 feet in length based on the dry land area limitations of each property. The majority further recommended that owned may only park on their .-espective land tracts and that non -adjacent tract owners may not park on another non -adjacent tract owner's lots or adjacent land ownerz' tracts without the written consent of the affected owner. The minority of two felt that limiting the docks to one boat was an asonable and unfounded iimita ion not based on safety considerations. The enclosed re5o1utions have been drafted based on the directives of the majority opinion. Zoning Files #941, 0946 & #951 August 14, 1985 Page 5 of 5 Staff further recommends that Council direct staff to adv;se all six riparian tract owners now that the status of the tracts owned by non- adjacent property owners has been resolved that all six owners are to once again commence the task of drafting an agreement/covenants that would govern the use of these severely limited properties. The Marina Committee will be responsible for reviewing this agreement. CITY OF ORONO - VARIANCE APPLICA ,•:'�/fj - --� ;; I Initial Application Fee $150.00 0.0 eaviadd' iona1 �>ja edN 2 5 After -the -Fact Fees (Additional $50.00 payment per 'ac projeCQ ------------------------------------------- PROPERTY LOCATION Site Address Lagoon Riparian Lots Off Shadywood {toad Property Identification Number (P.I.D. ) 21-117-23-24-0022/3/4/5 Please check one -- Js the property abstract or X torre•.,--? Please attach legal description to application if not included on required survey. Registered Land Survey_04�5 Tracts 0, P�_Qi R __________________________ APPLICANT Name Paul R. Nutt Phone 540-3588 Mailing Address 9200 Wayzato Qlvd., Minneapolis. MN 55440 (office) ---------------------IM &_ mslgn hgLK4.47 jhome,--------------- OWNER Name Paul R. Nutt Phone 540-3588 Mailing Address per a1vove Date Property Acquired 5/58 (month/year) I (do) (ao not) also own the adjacent parcels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) dock -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $_ Describe request in detail: Werr,it u,,c, or docking boat -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other --------------------------------------------------------------------------- (OVER HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: size of lot does not hermit building -------------------------------------------------------------------------- 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 ( #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. ---------------------------••---------------------------------------------- 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. -------------------------------------------------------------------------- P-DPLICANT'S SIGNATURE a applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayall fees and/or unusual expenses incurred in reviow of this application, and certifies that the information supplied is true and cnr:cct to the best of his/her knowledge. Applicant's signature - - �' ` Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the propert• by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. . Owner's signature Date ----------- --------------------------------------------------------------- Applic.nt must. have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. �� f.. /30 • bo C I.1'Y OF ORONO - VAR I ANCF: A1111,1 ' ,., Initial Application Fee $150. ($54',QU sztz;' After -the --Fart. Fees -------------------- PROPERTY LOCATION A L2 M Site Address - • •� - r-'- �) �- ` i CITY OF ORONO Property Identification Number (P.I .D.) Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT r Name ��lu L L. ,r Phone m, ., i 1 i.ng Address ---------------------------------------------------------------------- OWNER Name _ � � Phone `.1` 11: ,�. : ,, r �C �- ct ��. 4 - Z' i 1 ttr Mailing Address Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. ----------------------- PRESENT USE OF PROPERTY Present Zoning District Jls Present Use of Propertyc.., \ ��� Residential Other (si-cify) DESCRIPTION OF REQUIS'T-stimated Construction Cost. $ Describe request in do t:a i l : —,. --,/A ,Z. tj — VARIANCES REQUIRED Lot Area I.ot Width Hardcover Setback Variances ( Front Side Rear) Other (OV rlI ) HARDSHIP .-)escrik,e un(Iue Ila1(1ship or practical difficulty resulting from strict enforcement of zoning regulations: ---------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requ i rr�ments : 1"f11L,7272TZ,,� ---------------- RL:QUIRED 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 ( #10 ) pre --addressed to each of the.., names c:n 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 ,~omplete 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 �d Date OWNERS SIGNATURE The owner hereb*, 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 verifi:-ati �r► of this request. � r' Ownc,r's siynaturc ` �� --i -� Date -------------------------------------------------------------------------- Applicant must have all suhmittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetingr are held on the third Monday of each munt.h. CITY OF ORONO - V/!RIANCE AI'1 ',,ICATIOry Is Initial Application Fcc $.150.00 ($50 After -the -Fact Fee, ------------------------------------- PROPERTY LOCATION Site Address; Property Identification Number (P. Please check one -- Is the property h add 1 t 1 011 1 1 project ) abstract. or torrens? Please attach legal description to application if not included on required surve; . APPLICANT Name -Jo A N 1 `, ; n, r" e- 5/1 Phone .6, 3 / ( % �o y Mailing Address 3 1/ 3 O Fo, �v�. /ry ----y_��5 ��SSv�7 - ---- OWNER Name S j}. &-4- Phone Mailing Address Date Property Acquired (month/year) I (do) (do not) al.._, titan the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District I.R.- 18 Present Use of Property GG Cr Residential '�Vher (specify) ----------------------------------------- .----------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: --------------------..----------------------------------------------------- VARIANCFS REQUIRED Lot Area Lot. Width Hardcover Setback Variances ( Front Side Roar) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing -ompliance with Zoning Code Requirements: -------------------- -- ------------------------------------------------- REQUIRED SUBMITt;',I..S 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, . gal sized envelopes M0) 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. 'PLICANT'S SIGNATURE The applicant hereby agrees to provide all -,format.ion required or requested by the Zoning Admin.rtrator, agrees to pay all fees and/or unusual expensez inc:-::red in review of this appl icat i-on, and certifies that the informat ion supplied i s true Aid correct to the best of his/her knowledge. 7 _ Applicants signature19'�� Date �'� OWNERS SIGNATURE The owner hereby acknowledges aril agrees t, this application and further authorizes reasonable entry onto the property by City st ,ff, consultants, agents, comrrii sFion member:-, and Council mvn,l!ers for purpos s of investigation and verification of this re es", Ownerr's signature �� �/�Date ----------------------------- ----- Applicant must. Nave all si-bmittais into the, Cty officers 2S days keforo the PlanningComm i scionMeet in4a. 11latin incjCom.,isvinrMuotinq!.aietie 1donthi, third Monday of earn moat h. ti Paul C. Carlson 2135 Shadywood Road Excelsior, MN 55331 William A. Anderson 2760 Shadywood Road Excelsio- MN 55331 David Hoffman 2675 Pheasant Road Excelsior, MN 55331 Robert & JoAnne Gallagher 2730 Shadywood Road Excelsior, MN 55331 Richard G. & Marlys J. Ogle 2922 Oakland Avenue South Minneapolis, MN 55407 Patricia Dunsheatit 2740 Shadywood Road Excelsior, MN 55331 Edwin Rawlin3s 2765 Shadywood Road Excelsior, MN 55.331 P Paul C. Carlson 2735 Shadywood Road Excelsior, MN 55331 William A. Anderson 2760 Shadywood Road Excelsior, MN 55331 David Hoffman 2675 Pheasant Road Excelsior, MN 55331 Robert & JoAnne Gallagher 2730 Shadywood Road Excelsior, MN 55331 Richard G. & Marlys J. Ogle 2922 Oakland Avenue South Minneapolis, MN 55407 Patricia Dunsheath 2740 Shadywood Road Excelsior, MN 55331 Edwin Rawlings 2765 Shadywood Road Excelsior, MN 55331 #�4c I !I/ 06. ••;w y- orPaul C. Carlson Robert & JoAnne Gallagher Patricia Dunsheath 2735 Shadywood Road 2730 Shadywood Road 2740 Shadywood Road Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 William A. Anderson. Richard G. & Marlys J. Ogle Edwin Rawlings 2760 Shadywood Road 2922 Oakland Avenue South 2765 Shadywood Road Excelsior, MN 55331 Minneapolis, MN 55407 Excels -,or, MN 55331 David Hoffman 2675 Pheasant Road Excelsior, MN 55331 12 — �-- `VNETONKA P!�,)\� r.OtMT Y ROAD N'` 19 J� Nart►�tas�etl� Lnc o� iot11, Nuasank l9wn �Ct ,•,tuud 1�n�5u�•c N'4 t O — 1Is • i -lila N �.ef leas C;41101 I to a 100•0 a, o h 0 aCIA in 106 01. l T4 0 , ,� Ir J�,y teat T TRACT OWNER COMMENTS Tract E David Cook (not adjacent resident) MN 0458DS 8012 Penn Avenue So. Bloomington, MN 55438 Tract K Tom Casey (adjacent resident) 7808EG 2785 Shadywood Rd. 1 boat licensed to owner Excelsior, MN 55331 Tract N J.F. Fleischhacker (adjacent resident) 8578 BL 2775 Shadywood Rd. 2 boats licensed to owner 5984 CU Excelsior, MN 55331 Tract O Paul Nutt (not adjacent resident) 5699 CU 9200 Wayzata Blvd. Minneapolis, MN 55426 Boat license: Fred C. Eddowds 2748 Lamphere Dr. New Hope, MN Tract R Paul Nutt. (not adjacent resident) 9200 Wayzata Blvd. No boat Minneapolis, MN 55426 Tract. S John Thimmesh (not adjacent resident) 6043 DW 3430 Florida Ave. No. 2 Boats 8360 EA Crystal, MN 55427 1st Boat - 26' 1978 Fiberglass Sears License No. MN6043DW Expires: 12/86 Dean Lindbloom 2630 Fox Street Wayzata, MN 55391 2nd Boat - 22' 1978 Fiberglass Sears License No. MN8360EA Expires: 12/87 Ronald L. Krueger 7276 Prairie View Drive Fden Prairie, MN June 26, 1985 John Thimmesh 3430 Florida Ave. No. Minneapolis, MN 55427 Jeanne A. Mabusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Tracts S and T of RLS 451 Dear Ms. Mabusth: This is to confirm our conversation of 6-26-85. My attorney William Soules has not had sufficient time to look into the matter of the Logoon Area docks. As soon as he has time to review the information, we then will take the appropriate action. Sincerly, John Thimmesh pjt G IC Information Publishers, Inc. 6601 West 78th Street, Edna, Minnesota 55435 612 David C. Cook Vice President June 24, 1985 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Variance Application Dear Sirs: ov . • ; Due to the fact that my attorney is on vacation. I am unable to comply with the June 24, 1985 deadline to file a Variance app?'ation. Please advise, David C. Cook Distinctive Web Multi -Color Printing Our Hallmark of Excellence I'.0. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 6/2.1/85 ------------------------------------------------------------------ TO: David Cook COPIES TO: 8012 Penn Avenue So. Bloomington, MN 55438 ----------------------------------------------------------------- TYPF. OF APPLICATION: XXX Complaint ----------------------------------------------------------------- Date of Meeting: 6/19/85 Vote: 2 For Against XX No Action Required NOTES AND SPECIAL CONDITIONS To direct you to file a variance application with the City to permit an accessory use/structure on a lot that does not contain a principal structure. A variance application was given to you at the Marina Committee meeting. Please see that the completed application is in to my office by Tuesday, June 25 in order to meet the deadline of the July 15th Planning Commission meeting. Please remember that my files contain all of '-he infor- mation needed to complete the application - you need only to complete the application and pay the fee of $150.00. ----------------------------------------------------------------- Applicant's next schedued meeting is confirmed•as: Planning Conuni ssi on XX Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the July 15th meeting is June 25, 1985. Tract H, Reriste ed Lind Survey Number 415, Files of Reris;rnr of! / Titles, subject to the following; limitations, restrictions and usest 1- Only one, onr family dwelling, sns11 be on `ad on eaid Tract. H, nhich shell be a modern, year vrounil struri re of not less than. five (5) rooms with bath, utility room ar.;: aouble attor!hed garage. 3- No trailer, btasemont home, tent shack, barn or ither outbuildinre shall bn erected, either' to"orary or normanent. - Dwelling must be set back at loset sixty five (65) feet from the present wat•)r line of L^ko Minnetonka and at least fifteen (15) feat from the side boundary lines. 4- No boat Muses, shelters, or docks shall be erected on the south-rly shore of said triLcts. ':Tact I, Registar•r.d Land Survey Number 415, Films of Registrar of Titles, !j:.bject to the following; limitations, restrictions and usest 1- This is to L:rt of service roads to be used by parties of the second part in conjunction with the o,vn,+ra of other tracts in said registered Land surveys Number 35o, Number 411 an-' N,irob,,r 415. 2- i':artias of the second pert shall be responsible for their share cf the u_,koup of that part of the service road which crossos or runs al0ni-,3lds of th-!ir tract with u11 users of s;:i3 parts of service roods. These s •id roads shall first be f-rttdod and gravelled by j,artioe of the first n rt. 3- At no time stall ciartie3 of the secured p.r-t attem,t to monopolize or ob--truct free traffic o:i acid servico roads. Tract P, Rer,isterud Laand Survey Numbe! 415, Files of R-gistrr_r of Titles, sut,ject to the follow.ng :.imitations, restrictions and uses: 1- This SL a w_ ,rt of the servict, road Ell, Registe.,ed Land Survey Number 41 tend LiF'' a', Ra,rintured Land Survey Nit-1-or 411, an' shall 1::-ve no structures thereon and ehali be used in cnr',an-t.on with the owae•re of other tracts in nrfid subdivision. •: r"cts J and 0,. R,-ristf•rf+d Land Survey Number 415, Files of Rt,gistr r of itles suiJect to the followirwv limit-itions, restrictions an.? uses: 1- These pro known as docking areas. Pi�rrrarivnt coat hawse, sheltPr and doc:t msy b-, erected in Tract 0. It rTnll dock and to -at sh,-iter 7,ny b- ^rt-cted in contor of Tract J, closo to shor. :tad parallel to service road I. 1.11 of the above tracts shall be suVect to tho following lis.trations, restrictions and uses in addition to thoef., sat out a,)ove. r) hY3 V-aa- 1�n2•9°. w �`.Va•.• °�•°^ $ r•.•�yE»'rOi »^O<anA s�can^Lpg ar ^ Ona�� •a :r :r 7:r,, , ► ^»�n3aEv -S-E �4a°a �"w� .? ,R=oo � n r �_^ i» ~rag"'M� �i # _°..�>o_<I y; ^16a^P"ram cRg..r^vn�On 0. t; ° a _ 7r n N n a Ap ° iJ. `r a .•'� w ... O. .� w .� w '.. eiR� » -, 7. n b w r `y n .1 ° a d +7 •< w d Pr.. ° A ova o pw p O^ G° w n« [+ o r OpC b y G TG '� t% R 7< n° j 1r` E X w K a Z- ti r r �a�w�, •~aCP a^ ^£F�b�r,� ^h _4G���ru !f, Gf f `� a r ipOCCi pti~1 .1 • VC ^��n`wG °f s .Va.o� �n., .qYeo5.- n�o p55>G74tHwell Pr :r :1 uiy ^ro 4 cpa0:j 0Ca xo r ao ^•e nO aX ^ oaMwGav A�„x r R�M _O + .3 r T X^iioF�=n0 4, ". r);r ' li 1 CERTIFICATE OF SURVEY 73 y FT,: A41_RIl_A & A880CIATI.5. INC 1 NS %,Avf •OW, ;.II P. ANNI Nti 7Y1. &k OMN Notch, SuttA1 !-1. prooltlyn MArN, •AMWootA SSIl• 16IJ! 5))-?s9s i e.1..l 1 111. U.N M.1 ... " . Yw fr — .Qw.m.1.1 �.1 . v-ft 0 I N l.I.A.. a..1. ft M.-4--•MWW dYw .11h. k—.1 .t.. by...rr .n� .IMen MO M� •��Oh a.J...w.wp..� �1 .� Nrw • M r/ -,d me* M. dP11�1. .1. a. ..0 ,.v _t L City of ORO NO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 FILE #951 WHEREAS, John 9nimmesh (hereinafter "the applicant") is an owner of one of the properties located at 2739 Shadywood Roau within the City of Orono (hereinafter "City") and legally des- cribed as Tracts S 6 T, Registered Land Survey No. 415 (herein- after "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5 A through J to permit the continued use of the property as a legal non -conforming use and, Sc)ecificaliy, per Section 10.03, Subdivision 5 (J) seeks a v_ iance to Section 10.24, Subdivision 4 (A) to allow an accessory structure (dock) on a property that is unable to sustain a principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #951. 2. The property is located in the LR-1D Single Family Lakeshore Residential Zoning District. 3. On August 19, 1985 the Orono Planning Commission re- viewed this application as proposed and recommended approval based on the following findings: A) Per Section 10.03, Subdivision 5 (J): "Where, however, such a situation existed legally under the prior applicable law, the Council will .got unreasonably require strict compliance and will generai:y ook with favor on granting of a variance..." The substandard tracts were created prior to formal municipal zoning and controls in February of 1955. 13) The Orono Council minutes of 1958 and a newspaper article published in the Minnetonka Harold in that samv year confirm that the City was aware of the existence and use of accessory docks by non -adjacent owners. Page 1 of 4 Cit.- cif ORONO RESOLUTION OF "HE CITY M INCIL NO. C) The property, as subdivided in the mid 50's without the benefit of local controls, is a unique situation requiring special consideration. U) The limited use of these tracts as proposed by the City will not create hazards to the public safety. E) The property, because of physical constraints, cannot be put to any other reasonable residential use but for limited dock use. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by r'aff and comments by the applicant and the effect of the pr,-posed use on the health, safety and welfare of the community. 5. The City Council finds that granting a conditiona se permit to allow continued use of the property as a riparian lot with an accessory dock not to be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use perit per Municipal Zoning Code Section 10.03, Subdivision 5 to permit the continued use of an accessory dock on a property that cannot sustain a principal structure thereby establishing a legal non -conforming use of the property, subject to the following conditions: 1. Applicant/owner is limited to the mooring of one boat over 16 feet in length at zero lot line dock. No other boat sha 1 1 be moored at this dock. 2. Tract. T shall be used for t}:f parking of one car ownf�,.; by applicant/owner. Pa cue 2 of 4 City of U)"11) O RESOLUTION OF THE CITY COUNCIL NO. 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and here- by agrees to the terms of this resolution and on behalf of himself, his heirs, successor.: and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Councii on this 9th clay of September, 1985. ATTEST; Dorothy M. iiailin, City Clerk (1) Property Owner Mary C. Butier, Mayor Page. 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF' MINNF.:)CTA ) ss. COUNTY OF FiENNrPIN ) On this _ day of 01 1985 before me a Notary Public .:=thin 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 cf , 1985, before me a Notary Public within and for said County, personall- appeared known to me to be the pers(Tns) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their.) free act and deed. 140TARY PUBLIC MY COMMISSIOW EXPIRE:; Pacer_ 4 of 4 Cl ty, of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SU©DIVISION 5 FILE 1946 WHEREF.S, David C. Cook (hereinafter "the applicant") is an owner of one of the properties located at 2739 Shadywood Road within the City of Orono (hereinafter "City") and legally des- cribed as Tracts F, Registered Land Survey No. 411 (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit per. Municipai Zoning Code Section 10.03, Subdivision 5 A through J to permit the continued use of the property as a legal non -conforming use and, specifica1iy, per Section 10.03, Subdivision 5 (J) seeks a variance to Section 10.24, Subdivision 4 (A) to ailow an accessory structure (dock) on a property that is unabicr to sustain a principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #946. 2. The property is located in the I.R-113 Singie Family Lakeshore Residentiai Zoning District. 3. On August 19, 1985 the Orono Planning Commission re- viewed this application as proposed and recommended al-proval based on the following findings: A) Per Section 10.03, Subdivision 5 (J): "Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance..." The substandard tracts were created prior to formal municipal zoning and controls in February of 1955. it) The Orono Council minutes of 1958 and a newspaper article published in the Minnetonka Harold in that same year confirm that the City was aware of the existence and use of accessory docks by non -adjacent owners. Page 1 of 4 Cl ty, of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SU©DIVISION 5 FILE 1946 WHEREF.S, David C. Cook (hereinafter "the applicant") is an owner of one of the properties located at 2739 Shadywood Road within the City of Orono (hereinafter "City") and legally des- cribed as Tracts F, Registered Land Survey No. 411 (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit per. Municipai Zoning Code Section 10.03, Subdivision 5 A through J to permit the continued use of the property as a legal non -conforming use and, specifica1iy, per Section 10.03, Subdivision 5 (J) seeks a variance to Section 10.24, Subdivision 4 (A) to ailow an accessory structure (dock) on a property that is unabicr to sustain a principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #946. 2. The property is located in the I.R-113 Singie Family Lakeshore Residentiai Zoning District. 3. On August 19, 1985 the Orono Planning Commission re- viewed this application as proposed and recommended al-proval based on the following findings: A) Per Section 10.03, Subdivision 5 (J): "Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance..." The substandard tracts were created prior to formal municipal zoning and controls in February of 1955. it) The Orono Council minutes of 1958 and a newspaper article published in the Minnetonka Harold in that same year confirm that the City was aware of the existence and use of accessory docks by non -adjacent owners. Page 1 of 4 C"Ity of ORONO RESOLUTION OF THE CITY COUNCIL NO. C) The property, as subdivided in the mid 50's without the benefit of local controls, is a unique situation requiring special consideration. D) The limited use of these tracts as proposed by the City will not create hazards to the public safety. E) The property, because of physical constraints, cannot be put to any other reasonable residential use but for limited dock use. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments by the applicant and the effect of the proposed use on the health, safety and welfare of the community. The City Council finds that granting a conditional use permit to allow continued use of the property as a riparian lot with an accessory dock not to be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property wi 1 l be in keeping with the intent and objectives of the Zoning Code and Comp pensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use perit per Municipal Zoning Code Section 10.03, Subdivision 5 to permit the continued use of an accessory dock on a property that cannot sustain a principal structure hereby establish a legal non -conforming use of the property, subject to the following conditions: 1. Applicant/owner is limited to the mooring of one boat over 16 feet in length at zero lot l ine dock. No other boat shall be moored at this dock. 2. Applicant is advised to arrange for appropriate off- street parking for the parking of one car. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of th., zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and here- by 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 9th du;, of September, 1985. ATTEST: Dorothy M. Hailin, City Clerk Mary C. Butler, Mayor (1) Property Owner City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE nP 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 C01414ISSION EX'.'IRES 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 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 FILE #941 WHEREAS, Paul R. Nutt (hereinafter "the applicant") is an owner of one of the properties located at 2739 Shadywood Road within the City of Orono (hereinafter "City") and legally des- cribed as Tracts Q & R, Registered Land Survey No. 415 (herein- after "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5 A through J to permit the continued use of the property as a legal non -conforming use and, specifically, per Section 1.0.03, Subdivision 5 (J) seeks a variance to Section 10.24, Subdivision 4 (A) to allow an accessory structure (dock) on a property that is unable to sustain a principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orc,: , Minnesota: FINDINGS 1.. This application was reviewed as Zoning File #941. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. On August 1.9, 1985 the Orono Planning Commission re- viewed this application as proposed and recommended approval based on the following findings: A) Per Section 10.03, Subdivision 5 (J): "Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance..." The substandard tracts were created prior to formal municipal zoning and controls in February of 1955. B) The Orono Council minutes of 1958 and a newspaper article published in the Minnetonka Harold in that same year confirm that the City was aware of the existence and use of accessory docks by non -adjacent owners. rage 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. C) The property, as subdivided in the mid 50's without the benefit of local controls, is a unique situation requiring special consideration. D) The limited use of these tracts as proposed by the City will not create hazards to the public safety. E) The property, because of physical constraints, cannot be put to any other reasonable residential use but for limited dock use. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments by 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 continued use of the property as a riparian lot with an accessory dock not to be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property wi 1 1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use perit per Municipal Zoning Code Section 10.03, Subdivision 5 to permit the continued use of an accessory dock on a property that cannot sustain a principal structure thereby establishing a legal non -conforming use of the property, subject to the following conditions: 1. Applicant must apply for the legal combination of Tracts Q b R, Registered Land Survey No. 415 at the Orono City offices prior to September 13, 1985. 2. Applicant/owner is limited to the mooring of one boat over 16 feet in length at zero lot line dock. No other boat shall be moored at this dock. 3. Tract Q shall be used for the parking of one car owned by appl icant /owner. I'agc: 2 of 4 City of OR.ONO RESOLUTION OF THE CITY COUNCIL NO. 4. 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. 5. The undersigned applicant has read, understood and here- by 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 Counci i on this 9th day of September, 1985. ATTEST: Dorothy M. Haiii n, City Clerk (1) Property Owner Mary C. Butler, Mayor Page 3 of 4 City of Uri ONO 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 persons)_ described_ in and—wr,o execut_ed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLI MY COMMISSION i-XPIRL:S J,agc 4 o f 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 FILE #941 WHEREAS, Paul R. Nutt (hereinafter "the applicant") is an owner of one of the properties located at 2739 Shadywood Road within the City of Orono (hereinafter "City") and legally des- cribed as Tracts O & P, Registered Land Survey No. 415 (herein- after "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5 A through J to permit the continued use of the property as a legal non -conforming use and, specifically, per Section 10.03, Subdivision 5 (J) seeks a variance to Section 10.24, Subdivision 4 (A) to allow an a%cessory structure (dock) on a property that is unable to sustain, a principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #941. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. On August 19, 1985 the Orono Planning Commission re- viewed this application as proposed and recommended approval based on the following findings: A: Per Section 10.03, Subdivision 5 (J): "Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance..." The substandard tracts were created �..ior to formal municipal zoning and controls in February of 1955. B) The Orono Council minutes of 1958 and a newspaper article published in the Minnetonka Harold in that same year confirm that the City was aware of the existence and use of accessory docks by non -adjacent owners. f age 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL [LTG] C) The property, as subdivided in the mid 50's without the benefit of local controls, is a unique situation requiring special consideration. D) The limited use of these tracts as proposed by the City will not create hazards to the public safety. E) The property, because of physical constraints, cannot be put to any other reasonable residential use but for limited dock use. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments by 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 continued use of the property as a riparian lot with an accessory dock not to be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Counc:.l hereby grants a conditional use perit per Municipal Zoning Code Section 10.03, Subdivision 5 to permit the continued use of an -essory dock on a property that cannot sustain a principal cture thereby establishing a legal non -conforming use of th )periy, subject to the following conditions: 1. Applicant must apply for the legal combination of Tracts u & P, Registered Land Survey No. 415 at the Orono City offices prior to September 13, 1985. 2. Applicant/owner is i imited to the mooring of one boat over 16 feet in length at zero lot line dock. No other boat shall be moored at this dock. 3. Tract P sha 1 l be used for the pa rk i nq of one car owned by applicant/owner. Page 2 of 4 Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automaticaily terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and here- by 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 Counci 1 on this 9th day of September, 1985. ATTEST: Dorothy M. Fialiin, City Clerk (1) Property Owner Mary C. Butier, Mayor i n r 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA , 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 for- 3inginstrument, and acknowledged that he (they) executed t..2 same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Paq,-- 4 of 4 To: Orono Council Members COUNCIL MEVING S F P 9 1985 From: Michael P. Gaffron, Assistant Zoning Administra & Y OF ORONO Date: September 5, 1985 Subject: #945 Robert J. Bauman, 1040 Tonkawa Road - Conditional Ilse Permit Application - Remove stumps, work with heavy equipment within 20' of lakeshore bank area. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Site Plan The applicant wishes to "clean up" his shoreline area using a backhoe to remove stumps and poison ivy. while no changes in grade are proposed from the existing steep banks, a backhoe working this shoreline will certainly have an effect on the ground cover and could open up the soil to erosion. Staff's purpose in bringing this application is to set some standards and restrictions on how the lakeshore work will be done to ensure that no sediment enters the lake as a result of the project. Planning Commission noted that the applicant had placed tiles on either side of the house (see sketch). On the north side, the tile serves only as a footing drain which discharges groundwater to the lakeshore bank. Staff has no problem with this tile since it collects no surface water and discharges only clean groundwater. On the south side, the tile had been intended to accept surface drainage to carry it away from the neighboring property directly to the lakeshore. Applicant has removed this tile at the City's direction and now plans to construct a swale instead. After the last big rain, staff and applicant noted that the property to the north discharges large amounts of water onto applicants property. He is requesting to also build a swale on the north side to handle this. Staff would suggest the following measures be incorporated into any motion for approval: 1. A silt fence must be placed at the shoreline and remain in place during the entire project to eliminate possible sediment run-off into the lake. 2. City staff must be notified at least 14 hours prior to the work commencing. 3. The backhoe work shal l take place in a t�oriod of time not to exceed 48 hours. Zoning File #945 September 5, 1985 Page 2 of 2 4. All disturbed areas within the 75' lakeshore setback area shall be re -sodded within 48 hours of completion of the work. Sod shall be staked as necessary to ensure it holds on the steep bank areas. 5. No lakeshore bank grade changes are anticipated or proposed as part of this project, and none are approved. Two dead trees will be removed, the tree overhanging the dock area, and a dead maple centered on the property and about 20'-30' back from the lakeshore. Note for to the house, prior to the application. the record that the applicant is constructing two additions for which permits were issued based on hardcover trade-offs Council directive that such trade-offs must be a variance A draft resolution is attached. CITY OF ORONO GENERAL LAND USE APPLICATIONIr� ------------------------------------------- - - -�--- ------ PROPERTY LOCATION � Site Address J'`'s� qn 70A)P-AW4 RO 0., eO416 0 i(/ Property Identification Number (P.I.D. ) 0-117- c2313 003 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 �/ C Name J �( A4gaA 1Z Phone Mailing Address 10 L1 a TaN///fc=% /Qef—_11 ZOA/C �41f S3A-9 ----------------------------------------------------------------------------- OWNER L� p Name 9 J �/�"(� �% /� N Phone � 7/ / y O Mailing Address Date Property Acquired // / `f (month/year) ----- I -(do) --do no _also own the adjacent parcels of land. --- ----------------------------------------------------- FEES - �C/ONDITIONAL USE PERMITS 1` $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 (1) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 V 0 $ Rezoning Appeals HENNEPI'v GOJ"JTY PINS SYSTEM RUN UATE 12/13/94 9EP0kT NO P14�4801 TOTAL LABELS 13ATCn uVI J0007 Other - see fee schedule v v1 2,Z 84 •' p e►,sr 3 r S I , �1 S1 7• • iOSriEAST New t•*� • 3ci#94 w \ \ r� .Mh ; 2 s \ ��• {• Ali EAST fe fi;O X tvi, owl0 ii-w jr�o � yt LOT 18 �\ i r dy � �L E 210 OS T1 S_ LOT 17 i�'•~ 4LOT Ifl (Ziii4_ Part of LOT 15 00 � ' V AO AV 47 Cut.dT CA R i.two o -.)kr 30 EA r �O (ul 1 off of LO RUN DATE 12/18/84 HEWEPIN COUNTY PROPERTY INFOPM,,TION SYSTEM REPORT NO. PI435401 n- OWNERS NERS LIST PAGE 1 BATON 001 38 08-117-23 13 0001 38 08-117-23 13 0002 38 08-117-23 13 0013 ,,. PROP ALOR 01065 TCf`KAWA RD 01075 TONKAWA RD 01040 TONKAWA RD OWNER NAME HAROLD L C04RAD ETAL JEROME W DIELTZ ETAL FLORENCE L LARSON TAXPAYER HAROLD L CONRAD JEROME W DIELTZ P.OBERT J A JOAN C BAUMAN NAME/ADDR 1065 TONKAWA RD 1075 TONKAWA RD 1040 TONKAWA ROAD LONG LAKE MN 55356 LONG LAKE MN 55'56 ORONO MH 55364 R 38 08-117-23 13 0014 38 08-117-23 13 0015 38 08-117-23 13 0019 PROP AODR 01020 TONKAWA RD 01030 TONKAWA RD 01060 TONKAWA RD OWNER NAME JUP.GEN STIELOW MARJORIE F GASCH THOMAS A PATRICIA RYAN TAXPAYER JURGEN STIELOW ROBERT H GASCH GERTRUO E NOELTING NAME/ADDR 1020 TONKAWA RD 1030 TOW AWA ROAD 1060 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MH 55356 38 08-117-23 13 0020 38 08-117-23 24 0002 PROP ADOR 01070 TONKAWA RD OWNER NAME THOMAS A PATRICIA RYAN Daniel C & Ruth M Parten TAXPAYER THOMAS A PATRICIA RYAN TOTAL BATCH 001 00007 NAME/ADDR 1060 TONKAWA RD Daniel & Ruth Parten LONG LAKE MN 55356 529 Janal yn Ci r Golden Valley MN 55416 go 38 08-117-23 24 0004 38 08-117-23 24 0005 Carl D & R Marian Parten Carl D & R N Patten Carl & P, Fi Parten Carl & R. t1.Parten 1025 Tonkawa Rd 1025 Tonkawa Rd Long Lake, MN. 55356 Long Lake, MN. 5') )0 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE NEWEPIN COUNTY DEPARTMENT OF PROPERTY TAXAT , TO THE BEST OF MY KNOWLEDGE AND BELIEF. ., DATE 4i�l G' 0 r - 1 w Z50 feel ~- ''�OIw Jilpr�li/K y Tud,cual P� - . �' • landmark sz ` 11. � 1 un ei or %h Lne 75 feet p from shanlrK / Q - — - ----- --- - -- - — - --- ---� --- e mil' cfO 0 3 ed / 54a rs . '�� 12?. 67 LAKESHORE S 1NETLA pg REGULATIONS ORONO ORDINANCE PROHIBITS EXCAVATION, FILLING, GRADING, DREDGING, TREE REMOVAL Oq CONSTRUCTION OF ANY KIND WITHIN 75 FT OF Ai,1Y SHORELINE WITHIN 2.6 FT OF Ar,y VVETLANOS PER%/lNTS M= REQUIRED FOR COCKS, SEA ,,"FALL S, RIPAAP IDEMIIFICATION Of PREMISE Awed Addresses Shall Be Drs la S REQUIRED !lY Visible And legible From Theyed, 7#1.14 r.__. - /— 1 City of ORONO RESOLUTION OF l HE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL. USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 FILE f945 WHEREAS, Robert J. Bauman (hereinafter "the applicant") is the owner of the property located at 1040 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 10 and that part of Lot 9 lying Northerly of the following described line and its Easterly and Westerly extensions: Beginning at the point of intersection of the Westerly line of said Lot 9 with a line drawn parallel with and 1t0 feet South, measured at right angles, from the North line of said Lot 10; thence East along said parallel line 35 feet; thence deflecting left 4 degrees to an intersection with a line drawn parallel with and 111 feet South, measured at right angles, from said North line of Lot 10; thence East along said last -described parallel line to the Easterly line of said Lot 9, and there ending, all in Auditor's Subdivision Number 217, Hennepin County, Minnesota according to the recorded plat thereof; the Northerly line of said Lot 10 is marked by Judicial Landmarks set pursuant to Torrens Case No. 17306, (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the removal of stumps and certain trees, using, heavy equipment and to permit grading of swales, all within the 0-75 lakeshore setback area, where per Municipal Code Section 10.55, Subdivision 8, grading is generally prohibited. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #945. 2. The property is located in the I.R-113 Single Family Lakeshore Residential Zoning District. 3. The property is approximately 1.85 acre in area. Paqe 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The Orono Planning Commission reviewed this application on August 19, 1985, and recommended approval of a variance to Municipal Zoning Code Section 10.55, Subdivision 8, to allow grading and backhoe work, including removal of two dead trees, within 75' of the lakeshore; and recommended approval of a conditional use permit for such work per Section 10.03, Subdivision 19 and 20, subject to the following conditions: A) A silt fence must be placed at the shoreline and remain in place during the entire project to eliminate possible sediment run-off into the lake. B) City staff must be notified at least 24 hours prior to the work commencing. C) The backhoe work shall take place in a period of time not to exceed 48 hours. D) All disturbed areas within the 75' lakeshore setba4 area shall be re -sodded within 48 hours of completion of the work. Sod shall be staked as necessary to ensure it holds on the steep bank areas. E) No lakeshore bank grade changes are anticipated or proposed as part of this project, and none are approved. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to the applicant for the proposed grading and backhoe work would not be detrimental to the health, safety or general welfare of the public, nor will it depreciate surrounding property values and the level of use of the property limited by the pertinent sections for non -conforming uses within the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 to allow grading and backhoe work, including removal of two dead trees, within 75' of the lakeshore, and grants a conditional use permit per Section 10.03, Subdivision 19 & 20 for such grading and backhoe work, subject to the following conditions: 1. A silt fence must be placed at the shoreline and remain in place during the entire project to eliminate possible sediment run-off into the lake. 2. City staff shall be notified at least 24 hours prior to the commencement of the work. 3. The backhoe work at the shoreline shall take place in a period of time not to exceed 48 hours, and the applicant shall monitor weather conditions and perform the work in a timely manner so as to avoid having unprotected lakeshore banks du--ing any significant rainfall events. 4. All disturbed areas within the 75' lakeshore setback area shall be re -sodded within 48 hours of completion of the work. Sod shall be staked as necessary to ensure it holds on the steep bank areas. 5. No lakeshore bank grade changes are anticipated or proposed for this project, and none are approved. The Swale proposed near the north lot line shall be designed to discharge in a manner that will not create any lakeshore bank erosion. 6. 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 (September 9, 1986). 7. 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. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8. The undersigned applicant has react, undo --food and hereby agrees to the terms of this resolution and on _tlf of himself, his heirs, successors and assigns, hereby agret_ co the recording of this resolution in the chain of title of the property. Adopted by the Orono City Councii on this 9th day of September, 1985. ATTEST: Do othy M. Haliin, City Clerk Mary C. Butler, Mayor (1) Property Owner Paqe 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On tt day of _ _, 1985 before 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. t NTY OF HENNEPIN ) On .:his day of , 1985, before me a Notary Public within and for said County, personall% 4ppeared known to me t� be the person(s) described in an' who executed the foregoing nstrument, and acknowledged t')at ae (they) executed the same as his (their) fr:- an' deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 G UUWUL MEETING To: Orono Coucnil Members E P 9 1985 OF flan From: Michael P. Gaffron, Assistant Zoning Admi CITY istrM"t Nn Date: September 4, 1985 Subject: #947 Norman & Christie DeWitt, 1180 Lyman Avenue - Variance Renewal Zoning District - RR-1B - Two acre minimum Application - Lot area variance Lot area required - 87,120 square feet Lot area existing - 68,171 square feet less 3,018 s.f. in cul-de-sac = 65,153 s.f. or 1.496 acre Variance - 21,967 square feet or 25% List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - List of Property Owners Exhibit D - Survey & Site Plan Exhibit E - I- solution #1590 The applicant is requesting a variance for construction of a home on this lot at the end of Lyman Avenue. The lot exceeds the minimum 200' lot width. No other adjacent land is available. Access to the lot is over a private roadway off the end of Lyman Avenue. Copies of the access easement documents are on file. On -site testing was done on the lot in 1977 and again in 1979. The results of the testing indicate at least 3 sites are available on the property for suitable drainfield systems, (1 trench system, 2 mounds). On December 12, 1983, Council granted a lot area variance to Bruce and Terry Clark for this property - please review the resolution #1590 that was filed against the chain of title approving that variance. Note that a variance had previously been approved in 1977. As part of that approval, the Clark's quit -claim deeded a 50' radius portion of right-of-wav to the City for a future cul-de-sac. Technically, this area can no longer be included in the lot area, hence the lot is now 1.496 acres in area. The DeWitt's survey/site plan does not show the house meeting the required 50' front setback from the cul-de-sac, but the DeWitts have indicated t house location is flexible and the ,, will definitely relocate . ,ie house to meet the required setbacks. Zoning File #947 September 4, 1985 Page 2 Planning Commission made the following findings and recommended approval of a variance renewal: 1. This parcel was created prior to the creation of the RR- 1B zoning district. 2. No other land is available. 3. No other variances are requested. 4. A lot area variance for this property was approved in 1977 and again in 1983. 5. There is suitable access to the property. 6. Suitable drainfield sites have been located on the property. 7. The building envelope is adequate for the current zoning district and consistent with surrounding development. 8. A quit -claim deed for future right-of-way purposes has been granted over a portion of this property to the City. Staff recommends approval per the attached resolution. 1pso L ,-L1a",e< CITY OF ORONO - VARIANCE APPLICATION •11b Si c�-►1 7ae.pos 1-f Initial Application Fee $150.00 ($50.00 her each additional project-) After -the -Fact Fees -------------------------------------------------------- ------------ PROPERTY LOCATION Site Address � 80 LYHA4 AVE. ---_ 9 7 Property Identification Number (P.I.D.) '�js /�� -Z3 Please check one -- Is the property _ abstract or ✓ torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name GdIt,JT/E "hor-ke 177-'/7VJ'— Mailing Address /Z31 K Ayo. siv7.1 H do" • s"J'?�0.� -------------------------------------------------------------------------- OWNER Name Vjtve-&- •4 C-L.A4 C Phone J/7-1 If I 9 S-4 4 - Mailing Address S�0 X/yAwei r _A� - ___ Date Property Acquired XA q _J?__ (month/year) I (CIO) o not) also own the adjacent parcels of. land. ---------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District - Present Use of Property Residential Other (specif;')-VACANj -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail: -A OMP— QN -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear.) Other HARDSHIP Describe undue hardship or practical di f f i culty re #1tj)f4t1i, enforcement of zoning regulations: —�i"S�►�1� 11�_ ��- Q•� � �C Lo T ,Sd &F _, —------- -------------------------- ----------------------------------------------- DESCRIPTION ----------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: A/o L19w4o /ai' A�A/t�iQe.� AQT/!ce-dT ----------------------------------------------•--------------------------- REQUIRED SUBMITTALS -/1. )Completed Application Form. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) ✓3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 14. Certificate of survey including hardcover calculations as required. v5. 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 SICNATURE 41he applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay allfeesand/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 -tT DateS•� s 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 sign ati e r ,1 pate Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the t hi i d Monday of each month. RUN DATE 10/2I/83 HATCH 001 38 35-118-23 34 0011 FRCP ADDR 01200 ORONO OAKS DR OWNER NAME T W i S HINELINE TAXPAYER MYOUNG LEE NAME/ADDR 1200 ORONO OAKS DRIVE LONG LAKE MN 55356 38 35-118-23 43 0023 PROP ACDR 0118 LYMAN Cl'NER NAME DARLEN ON- REET ET AL TAXPAYER D LOYGST i J MORDEN NAME/ADDR 968 Z IBAMN L NE PLY TH MN 55447 38 15-118-23 43 0026 PROP ADDR Oti lER NArV BURLINGTON NORTHERN RY TAXPAYER BURLINGTON NORTHERN RY NAME/ADDR C] y CD HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. P1435401 PAGE 1 38 35-118-23 43 0003 38 35-118-23 43 0022 01190 LYMAN AVE THE WELLING CO D R BERGERSON ETAL THE WELLING CO L M i V PALLADINO 16605 13TH AVE N 1190 LYMAN AVE PLYMOUTH MN 5544 ORONO MN 55391 38 35-118-23 43 0024 33 35-118-23 43 0025 01200 LYMAN AVE C1170 LYMAN AVE CHARLES E PEXA i WIFE D i E MOGEN CHARLES i CAROL PEXA �/ UONALO MOGEN 1200 LYMAN AVE 11-0 LYt1AN AVE WAYZATA M11 55391 WAYZATA MN 55391 72 35-118-23 43 0010 CITY OF LOttG LAKE / CITY OF LONG LAKE PO BOX L LONG LAKE MN 55356 TOTAL BATCH #00e 00 J vq l I CERTIFY THAT THr. FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATIC4 OF INFOPMATION 4S IT APPEARS THIS DATE Ott THE RECCROS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. SATE/O-; Y 1 f" x CD -1 111M L of' Sill rnr g (hdrd r_. Ch-vu].a►)d •i �. fir. i)�u �� ��'� trr�tiL�+iuy 14,nd :UT -VI N• iyr►tr,p{t.�,6ttnty; hann+�nuty � 1 Ems` (AL• �� - tC IA -7 Dec t, .. .,. ( n , , r1'. •n': (' f �i1•+ Y,1'►• j•,1.:, n'• � .,.. ��' iJ•nr•L .. .. �'.. ,:w� tn.l f,' � . r•-�- �r,�ZI• .II �,,.. �.•` ..L�: .r•_a, I. ,.IT ^`� �tT'�r•1 ,t: .,'� �,�•. ' I)Tl''.,!'�nt P►1(•..•« .�I• `�.. r•i I �. -�� •11• •.a►1(: :1'y,.. .n� lei `` A. r,r t,ni.t ,1�•, /' f .1+1•';.I •1.I CI`I•',� ',t • •j1• .+�..e Il* �•. -fll� L•' �' ... , .. or 4�. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ' IT,) Granting A Variance To Municipal Zoning Code Section 34.848 - File 771 Whereas, Bruce Clark (hereafter "applicant") has an interest in the property located at 1180 Lyman Avenue within the City of Or�.,o (hereafter "City") and legally described as follows: Registered Land Survey No. 1067, that part of Tract A lying Easterly of a line commencing at most Northerly corner of Tract A, thence Southerly to a point in South line thereof. distance 121 feet West from Northeast corner of Tract B (hereafter "-he property"); and Whereas, the applicant has applied to the City for a variance to Municipal Zoning Code Section 34.840 to permit the construction of anew residence on a lot with 6P, 171 square feet instead of the required 87,120 square feet. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. This application was reviewed as Zoning File No. 771. 2. The property is located in the RR-18 Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 21, 1983, and recommended approval of the proposed variance as amended based upon the following findings: a) No other land available. b) No other variance is requested. c) A lot area variance was approved in 1977. 4. The City Council ha: considered this application including the findings and recommendations of the Planning Commission, reports by City staff , comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1590 5. The City Council finciz 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 effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate ademonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; 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 Municipal Zoning Section 34.840 to permit the construction of a new residence on a property with 68,1*71 square feet existing instead of the required 87,120 square feet subject to the following conditions: 1. Provide evidence of access/driveway easements to this portion of Tract A. 2. Satisfy the requirements of the on -site code for an on -site sewage treatment system. 3. Applicant to quit claim deed the remaining portion that abutts their property for the cul de sac. 4. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exerct-ed by application for a thuilding permit within one year of the date of Council approval, or this variance will expire on that date (December 12, 1984). 5. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate anyautth iritygranted herein, and shall be punishable as a misdemean, . F. 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. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono City Council on this 12th day of December ,1983. ATTPST: C-, y C1OR " Deputy lity Clerk Propert Owners) Property (05wn(J—r(s) (3) _ E =y Owners) CITY OF ORONO K c) Mayor Thomas If. Frahm, Acting Mayor STATE MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1983, bef,-)re me a Notary Public within and oor`—�said�-ounty, personally appeared known to me to be the persons) des ric bed i n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) f-Je a:* and deed. NOTARY PUBLIC MY COMMISSION City of ORONO RESOLUTION OF THE CITY COUNCIL NO 1590 STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this 14th _ day of February , 198f, before me a Notary Public within— and for said County, personally appeared Bruce D. Clark and Terry B. Clark, husband & wife known to be the persons) described iri and w o executed tFiefoor�e`going instrument, and acknowledged that fie- ( they) executed the same as-i4.6-( their) free act and deed. MICHELLE E. STARK • • `' . sl NOTARY PUBLIC - MINNESOTA NOT RY PUBLIC HENNEPIN COUNTY MY Cc Etpuna Fop 1 Iles MY COMMISSION EXPIRES STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this _ day of , 1983, before me a Notary Public w t in and of-r lsard County, personally appeared known to me to e t e person(s) del-&-r1bed in and! who executed the foregoing instrument, an., acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLI MY COMMISSION EXPIRES __ City � a f ()%�Ul�(.� RESOLU I Ic )N OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE Tij MUNICIPAL 'ZONING CO': r. SECTION 10.28, SUBDIVISION 5 (B) FILE #94*7 WHEREAS, Norman & Christic DeWitt (hereinafter "the applicant") has an interest in the property located at 1180 Lyman Avenue within the City of Orono (hereinafter "City") and legally describer' as follows: That part of Tract A lying Easterly r_ the gyring &-scribed lint: Beginning at the most t therl, r of said Tract A; thence Fouti,erly to it point the b line of said Tract A, disc i•,t 1,20 feFt West from the Northeast corner of Tract R, a,id there terminating; all withi -, Registc.; t d Land Sury In: 1067, Files of the Registrar of Titles, County of He . EXCEPT, that part of Tract A, Registered Land SL. N:- 1067, for road purposes, des:_�ribed as follows: _ha •-t of said Tract A lying within the circumference of -le having a us of 50 feet, the center of said cirk wing the Northeast corner of Tract 9, sa4 Registerec nd survey (hereinafter "property"); an - WHEREAS, . has applied to the city for a variance to Muni -.,de Section 10.28, Subdivision 5 (B) to permit th :. of a new residence on a lot with 65, " 3 r .• ire ft - _ !,,sl er,,l of tho require,! 87,120 sqt are r NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, °:inr,esota: FINDINGS This application was reviewed as Zoning File #947. 2. The property is iorated is the RR-1B Single 1.3mi ly Rural Residential Zoning District. 3. The Or, r.o Planning Commission rovietced , app., --ion on A►,just .9, 1985, and rerommende,i approval of t}1e pi sed variance based upon the following findings: a) This parcel was created r to the creation of the RR-111 z :irig di st riot. Page ! 9 4 City of ORONO RESL,LU' -ON OF THE CITY COUNCIL NO. b) No other land is available. c) No other variances are requested. d) A lot area variance for this property was approved in 1977 and again in 1983. e) There it suitable access to the property. f) 3uita'.iF• Jrainfield sites have 1--Pn located on the property. g) The building envelope is adeq foi t_av current zoning district and consistent with surrounding development. h) A quit -claim deed for future right-of-way purposes has I cn granted over a portion of this property to the City. 4, The City Counc-'1 has considered this application including the findings and recommendations of the Planning Comm._sion, rept-rts by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community 5. The City Counci i finds that the conditions c .cistinq on this: f -operty are peculiar to it and do not ai piy generally to ott:. )roperty in this zoning district; that granting the varir would not adversely affect traffic zonditions, ligt, air nor pose a fi.-e hazard or other Aanger to neighboring property; we ld not merel, �%e as a convenience to the applicant, L__ is necessa alleviate a demonstrable hardship or difficulty; is *e ary to pre- serve a substantial property right of applicant; and would be in keeping with the spirit and . t_._,nt of the zoning Code and Comprehensive Plan of the City CtMCLUSIONS, t- )ER AND CONDITIONS Based upon the above findings, the Orono City Council Lereby grants a variance to Municipal zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a new residence on a property, with 65,153 square feet in area instead of the required 8`,,120 square feet, subject to the following conditions: 1. Satisfy tF:e rec :irements of the on -site code for an on - €cite sewa� treatment system. Pauc; 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. 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 vari. ice will expire on that date (September 9, 1986). 3. Violat4oh of or non-compliance with any of the terms and conditic::y of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and sha d be punishable as a misdemeanor. 4. The undersigned apr icant has read, unde .stood and here- by 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 9th d;,y of September, 1985. ATTEST: rn,-othy M. Ha n, City Clerk (1) Property Owner Mary C. Butler, Mayor {�,,,��•I of 4 City cof ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNES0TA ) s:.. COUNTY OF FENNEPIN ) 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 CJMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On =...is day of , 19b5, before me a Nutary Public within and for said County, personally appeared _ known to me to be the person(s) described in and who executed the fcregoinginstrument_, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 • COUNCIL MEETINr To: Orono Council Members E P 91985 From: Michael P. Gaffron, Assistant Zoning Administrator Date: September 4, 1985 CITY OF ORON4 Subject: #948 David C. Bell Investment s/SchoeII & Madson, Inc. - 565 Leaf SLYeet - Preliminary Subdivision Zoning District - LR-lA Lot Area Required: 87,120 s.f. Lot Width Required: 200 feet Lot Area and Width Proposed: Lot 1 - 110,943 s.f. dry, 400 feet plus Lot 2 - 137,959 s.f., 260 feet at existing building List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - List of Property Owners Exhibit D - Preliminary Plat and Site Plan The applicants are proposing a two -lot division of this existing 5.9 acre "through" lot within the Stielow Subdivision. This property contains one existing house (rented at this time) and contains the remains of the Andromeda parish house that burned in 1976. The proposed division creates one lot which will access from Leaf Street (existing driveway) and the other lot accessing from Oxford Road. The final driveway location on this lot will have to be determined once a final house location and specific site plan are decided, so that driveway does not encroach on any drainfield sites. Note that as of this writing, applicant has not submitted any written agreement with the Oxford Road property owners allowing this lot to share in the use and maintenance of the private road. In viewing this property, you should enter ;n Leaf Street. The proposal allows the required setbacks for the existing small house, and leaves a substantial building envelope on each proposed lot. The correct drainage and utilities easements have been proposed along lot lines. A drainage easement exists along the channel which drains the pond on the adjacent church property and the pond area east of Leaf Street. This existing easement ranges in width from about 15' to about 901, and does not accurately reflect the rock lined drainage channel as it exists. City Engineer, Glenn Cook has walked the site and agrees with applicant that a 30' wide drainage easement centered on the rock channel is more appropriate for this intermittent drainage channel.. Note that the existing foundation and garage from the parish house actually straddles the proposed lot line. A-•ondition of approval will be that this structure and foundation must be completely removed. Zoning File #948 September 4, 1985 Page 2 Reverend Glenn Chaffin of the Church of Religious Science tells me that the church uses the patio area just west of the pond area and east of the fence (North East portion of Lot 1 ) in their church services. Whi le this does not necessarily affect the subdivision, perhaps the applicant and the church wish to pursue a revision of the plat to create a parcel to be deeded to the church. This is up to the applicant, and was discussed briefly at the Planning Commission meeting. There is an existing well located on Lot 2 that presumably serves the existing house on Lot 2. This well appears to meet the pertinent sanitary setbacks. A septic system drainfield testing report has been submitted, pro- posing mound -type systems for all primary and alternate sites. Lot 1 - A 13,n00 s.f. area has been designated for use as drainfield. The three perc tests made in this area were taken at depths of 12-16" and ranged from 35 mpi to 80 mpi. The borings done on this site were no deeper than 16". From my observations and the notations of the site evaluator, this area contains "fill" soils. My boring taken 8/15/85 to a depth of 5' indicated about 2-2 1/2 feet of clay f i 1 1 overlying a layer of dark gray sand, possible the original soil surface which may be an old beach ridge. This sandy soil was quite dry and may be suitable even for a trench -type system. I would suggest that the applicant have additional borings and perc tests done in this area to determine the extent and depth of this sand layer. While the average of the 3 perc tests is satisfactory for con- struction of a mound, I would hesitate to place a mound system over a variablc and unknown fill layer, hence some additional site investigation would be prudent before a system is designed. Lot 2 - Many borings to locate a suitable alternate site were per- formed on this property by the Qil.e evaluator, and all indicated a seasonal water table at relatively shallow depths, and again a wide range in perc rates. The area behind the house and uphill appears to be a more natural soil, and with an average perc rate of 23 mpi, and slope `Prraces at about 10%, a mound -type system could be stretched and squeeze, to fit the site. It is also likely that, b&sed on the variable lenses of clay and sand in this slope, that a curtain drain might alter the water table so that shallow trenches could be installed. We have tried on numerous occasions to locate the septic system serving the existing house, but to no avail. There is no evidence of system failure, no visible surface discharge in the area, so the system is presumed to be in adequate condition. Pianning Commission noted that. the existing swimming pool appears to be a nuisanrt, and should be .immediately removed or filled in so it isn't hazardous. IL Zoning File #948 September 4, 1985 Page 3 Planning Commission recommended approval of the preliminary subdivision subject to the following conditions and comments: 1. Septic system questions to be resolved by staff and applicant. 2. Drainage and utility easements as proposed. 3. 30' drainage easement over channel as proposed. 4. Removal of foundation and remains of the parish hall. 5. Submit written approval of Oxford Road prL,-)erty owners for Lot 1 to stare in the use and maintenance of Oxford Road. 6. Applicant notified that pool is a nuisance and must be made safe. The septic information submitted indicates that suitable area exists for septic systems on both lots without changing the proposed lot lines. Staff would recommend approval of the preliminary subdivision subject to the following conditions: 1. Septic• system questions to be resolved by staff and applicant prior to final subdivision approval. 2. Drainage end utility easements as proposed on preliminary plat shall be included on the final plat drawings. 3. 30' drainage easement as proposed shall be shown on the final plat. 4. The existing foundations and remains of the Andromeda Parish Hall (which extend on both sides of the proposed division line) shall be removed prior to the issuance of permits for a new house on either Lot 1 or Lot 2. (Council may wish to have this removed prior to final subdivision approval.) 5. Applicant shall submit written approval from Oxford Road Property Owners Association allowing access to Lot 1 via Oxford Road. 6. Final driveway access location for Lot 1 subject to Ciy review at the time a building permit is issued. 7. Applicant notified that all easements shown on the original plat of Stielows Addition (Lot 6, Block 1) remain in effect until such time they are legally vacated. 8. Applicant shall remove the existing swimming pool or make it safe prior to final subdivision approval. � l # 4 8 P DatE }2 r'ci By CITY OF ORUNO 0,:p 5-0 SUBDIVISION APPLICATION FORM y0- 'S A -------------------------------- APPLICANT N;,me _Schoell & Pladson, Inc. Telephone 546-7601 Mailing Address 10550 Wa;�ata Bcuievard, Minnetonka, Minnesota 55343 PROPERTY Name David C. Bell Investment Co. Telephone 830-0080 OWNER Mailing Address 5241 Viking Drive, Edina, Minnesota 55435 (Attach list if more than onc) -------------------------------------------------------------------------- PROPERTY LOCATION Street Address 565 Leaf Sty-eet, Orono, Minnesota Property Identification No. (P.I.D.) 0511723410014 Complete Legal Description to tie attached to application -------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels 1 Development Size ` •.�l Acres Dry Land 0.1'i72 Acres -Wet Land (Existing drainage easement) 5.9V34 Acres Total, all parcels Present Use (check) X Residential; no. of _snits 1 Other (specify) Present Zoning District LRIA ---------- ---------------------------------------------------------------- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) X Subdivision for New Building Sites Number of Building Sites: 1 Existing Units 1 New Units �- Total Units Proposed Cross Density 2 Units per 5.9 Acres Minimum )t Size: - 107,112 Square Feet Dry Buildable Land Pe . yo!;ed Use: ( check) X Residential ,_ Other (specify) (Ovey ) M I N I MIIM MATERIAL Nla:i::;:;AVy I'VP COMPI.L'11: ITI—A IMI NAVY Al 111,1 CATI ON Z. Prcl imi nat y Plat information or-, Cf-i t i f i c at e of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes ((I10) (ire -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fe«s filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. -oning Officials Signature Date -------------------------------------------------------------------------- FEES Sketch Plan Review (Class I, II 6 II1) $150.00 X Preliminary Review (Class I & II Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non-residential) 20.00 lot Final Plat Review (Class 1I1) $150.00' *(Plus any legal or enginc-c-rinq charges) Applicant has read the above and hereby agrees to provide all information required or requested b; tho Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to proces-: this application and further agre�as to pay all additional fees established b,� ordinance. Applicant's Signaturo, Date Larry K. -Inc.) Owner's Signature r -0, el -. i �i,+.+.�.._... Date L arr'y-.-F�i>r ison or Applicant. mt:rt ti.tvc- .,II �;ut.mtttaIs >iitc, ttit' C'ity offices 25 days before the Planninq Corurtmit-r.tc�n MF t t ittll. 11lannrn(l �'(,mmisr.ion Mtvtings are usuAlly held :)r the third M-n6ay (A e,.wh month. �/' ��� •, ADp o or . G l/ y / I ✓/'f .�,• - r!n Ili 4 � � i i4. r Lbw S o I 1 a5 a I 0 � 0.J xo \ 1 w •�� goo ITZKE JO 6 .�� •(eel ' '' ° ,• i 4 = •W P , ! DDITION •: r � � cl FOX ST iJ47f t, �f ..`'-.. i n•.•.•t• � r 1 ♦J ^roe •s w^-.� - _ _ /ii1� -� - - S i i qs-- • ,. to ..EEO• ffo,f .� .-oa... ,i► =r:. ..39 ' p WEST FOX V z ' �� O w •/`/ t 'I I +O 1 RUN DATE 07/17/85 BATCH 001 38 04-117-23 32 4 PROP ADDR OWNER NAME MEhaILL H GIc ^' TA?:PAYER MEPRILI IL NAME/AOOR 560 E ' N M% 41 JNIT 3B WAYZATA 1 5539, 38 05-117-23 41 0011 PROP ADDR 00495 OXFCRO RD OWNFR NAME D a M GEORGE TAXPAYER DO"' ' E GEORGE NAME/AOOR 4'', ORD RD LONG LAKE MN 5>»6 38 05-117-23 41 0017 PROP ADDR 032Z5 GAYSIDE RD OWNER NAME R B 4 V 0 SIIELDON TAXPAYER RONALD B SHELDON FLAME/ADDR 13329 CREEKS SEND OR MIIRlETOUKA MN 55345 38 05-117-23 41 0024 PROP ADDR 00555 OXFORD RD OWNER NAME LOREN J KLITZKE TAXPAYER LOREN J K,LITZKE NAME/ADDR 555 OXFORD RD LONG LAtl F91 55356 38 05-117-23 44 Onn3 PROP ADDR 05300 FOX ST O:lNER t"ME CYtdTHIA 0 LURTON TAXPAYER CYNTHIA 1) LURTON NAME/ADDR 3300 FOX ST LONG LAKE MN 55356 PROS ADDR OWNER NAME TAXPAYER TOTAL BATCH 001 00015 NAME/ADDR HENNEPIN COUNTY PROPERTY INFO:<�',ATION SYSTEM PROPERTY OWlERS LI';T 38 04-117-23 33 0010 DAVID A MAASS DAVID A MAASS 3175 FOX ST LONG LAKE MFI 55356 38 05-117-23 41 0014 00565 LEAF ST DAVID C BELL INVEST CO DAVID C CELL INVEST CO 5075 ARCADIA EDINA MN 55436 30 05-117-23 '.1 0019 00465 LEAF `-T W 3 G KORONKIEWICZ JP WALTER J KORONKIEWICZ 465 LEAF ST LONG LAKE MN 55356 30 05-117-23 'i1 0025 ^0575 OXFORD 4D A It d 0 EVAN i A H EVANS :,75 OJ('P' LOC,'G LATE ;356 38 05-117-23 44 0004 03.1.50 FOX ST GEORGE H DIX.Otl GEORGE H DIXON 1200 FIRST NATL BANK ^LOG MPLS MN 55430 REPOPT NO. PI435401 PAGE 1 38 C5-117-23 41 OJ10 A0475 OXFORD RD M J PETEPSON i 0 PETERSON MEIVIN .l PCTERSON 11700 98TH AVE NO MAPLE GROVE MN 55369 38 05-117-23 41 001E OOS)O OXFORD RD G A J WOOD GRANT L JANE WOOD 500 OYFCRD RD LONG LAKE MI 55356 38 05-117-23 41 0020 0052E LEAF ST NEW THOUGHT CENTER ItIC NEW THOUGHT CENTER INC RR 1 LONG LAKE MN 55356 30 05-117-23 43 0004 03400 FOX ST ELIZABETH LAW FULLERTON ELIZABETH LAW FULLERTON 3400 FOX ST ORONO F1F1 55356 3y 05-117-23 44 On05 034^. FOX ST ELIi .BETH LAW FULLEK. .4 ELIZABETH LAW FULLERTON 34t ST ORO' . i 55356 RUN DATE 07/17/85 PATCH 001 HENNE'I" 1JTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPOP.T NO. PI435401 PAGE I CERTIFY THAT THE FACTS RFPREb.N,'" APE AN ACCURATE AND TPUE PEPPESU14TATION 0!" INFOPHAI'IOt1 . IT APPEARS THIS DATE ON THE PZCOPOS OF THE HE111EPIN COUNTY DEPARTMENT OF PROPE3jTY TAYATTJN, Tj%%THE PflT CIF MY KNOWLEDGE 09 DELTEF i 31' v is GUUNi'di. MEETING To: Orono Counei 1 Members cE7F1 9 41325 From: Michael P. Gaf f ron, Assistant Zoning Administrator Date: September 3, 1985 CCTV OF ORONO Subject: #954 :;_ty of Orono, 265 South Orono Orchard Road - Conditional Use P-imit Application - Expansion of the 4th tee and regrading of tee apron area at the Municipal Golf Course. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Public works Coordinator's Memo Exhibit E - Grading Plan The City Engineer has submitted plans for fill and grading near the 4th tee on the Orono Golf Course. The grading proposed is at least 75-100 feet from the designated wetland in that area. The propeser' 9000 cubic yards of fill will increase the actual tee surface area a,.. will provide a more gradual slope at the apron for maintenance convenience and also for safety of golf course patrons. Planning Conunission recommended approval at their August meeting. The attached proposed resolution incorporates the Planning Commission findings and requires timely protection and revegetation of the fill area to prevent erosion problems. Cl t:y, of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PEUMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBD 19 i 20 - FILE NO. 954 WHEREAS, the City of Orono (hereinafter "the applicant") is the owner of the property located at 265 Orono Orchard Road commonly known as the Orono Municipo 1 Golf Course, located within the City of Orono (hereinafter "the City") and legally described as follows: "That part of the •,rth half of the Northwest quarter of Section 2, Township 117 North Range 23 West of the 5th Principal Meridian, lying Westerly of Orono Orchard Road and lying South of a line beginning at a point on the center line of said road 157 feet Southeasterly from the center line of the main track of the Chicago Northwestern Railroad, then Southwesterly 647 feet parallel with said center line of the main track, then Southwesterly to the intersection of the Southeasterly right-of-way line of said railroad with the west line of said Section 2 and there ending; Also that part of the South half of said Northwest quarter lying Westerly of Orono Orchard Road and lying Nort M of a line beginning at a point on the west line of said South half a distance of 400 f eet South f rom the Northwest corner thereof , then East parallel with the North line of said South half to a point 176 feet West from the Fast line of the Southwest quarter of the Northwest quarter of Section 2, then Southeasterly to a pint in said East line 520.7 feet South from the `northeast corner of said Southwest quarter of the Northwest quarter and there ending." (herein- after "property"'; and WHEREAS, the applicant. has applied to the City for a Conditional Use Permit to permit the placement of 5000 yards of fill material to expand the fourth tee area of the Orono Golf Course per Municipal Zoning Code Section 10.03, Subdivision 20. WOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Findings 1. The application was reviewed as Zoning File No. 954. 2. The property is located in the RR-113 Single Family Rural Resident ial %uninq District. Page 1 of 4 Clt,y of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. On August 19,1985, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that: a) The proposed filling will serve to increase the surface area of the tee and will provide a more gradual slope at the apron for maintenance convenience and for the safety of golf course patrons. b) No wetland areas are involved in the project. c) The proposed fill will not affect the current drainage pattern. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staf f and comments of the applicant and the of feet of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the placement of 5000 yards of f ill material to expand the fourth tee area of the Orono Golf Course will not be detrimental to the health, safety or general welfare of the public, would not adversely of feet light, air nor pose a f ire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subd. 20 to permit the placement of 5000 yards of fill material to expand the fourth tee area of the Orono Golf Course, subject to the following conditions: 1. The fill area shall be seeded in a timely manner and protected to eliminate any erosion problems which may occur. 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishiible as a misdemeanor. Page 4 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. 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 9th day of September, 1985. ATTEST: Dorothy M. iiallin, City Clerk Mary C. Butler, Mayur Property owner(s) :'pouse Page 3 of 4 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 personsdescribed 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 perso described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOURY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 #954 GENERAL LAND USEAPPLICATION CITY OF ORONO ____ -------- ---------------------- PROPERTY LOCATION Site Address zlo"5' S . O eOAl0 0 e, N19yeO P.D. Property Identification Number (I'.I.D. papas 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 J-ONW R. Phone 4!�3 73 5-7 Mailing Address 80)[bG C,'Pti/ST,oL A41 Ai.c/ 5'5-32 3 -------------------------------- OWNER Name C 1 Ty ©` O,?OJo Phone _�1_73 7-4s-f,- Mailing Address px/oG C/�✓.STiaL Q��__/'7.✓ SS 323 Date Property Acquired 1947 (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Resi,!ential 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 Othar Applications $250.00 Vacation $250.00 Rezoning $ 100.00 Appeals Other - see fee schedule Michael & Debra Robinson 15 Orono Orchard Road S. Wayzata, MN 55391 Steve Curran 110 Orono Orchard Road S. Wayzata, MN 55391 Joseph M. Rokke 180 Orono Orchard Rd. S. Wayzata, MN 55391 Gilbert & Elaine 'Thompson Timothy J. Kerber 45 Smith Avenue 60 Orono Orchard Rd. S. Wayzata, MN 55391 Wayzata, MN 55391 Louis G. Merchant E. Jerome Carlson 120 Orono Orchard Road S. 170 Smith Avenue Wayzata, MN 55391 Wayzata, MN 55391 Bernard Edstrom 190 Orono Orchard Rd. S. Wayzata, MN 55391 Spencer Smith 385 Orono Orchard Rd.S Wayzata, MN 55391 Cargill MacMillan Jr. Gary W. Nelson Victoria H. Raiche Longridge Associates 1315 Woodhill Avenue 280 Orono Orchard Rd. 9 C/O D.E. Billbe Dept. 28 Wayzata, MN 55391 Wayzata, MN 55391 P.O. Box 9300 Minneapolis, MN 55440 NQ rt . i3 j To: Jeanne A. Mabusth, Zoning Administrator From: John R. Gerhardson, Public Works Coordinator Date: August 6, 1985 Subject: Expansion of #4 Tee - Orono Golf Course Attached for review and approval is the sketch plan for the expansion of #4 tee at the Orono Golf Course. The expansion of the tee will allow for approximately 100% more tee area. The amount of fill needed is 5,000 cubic yards of material and will allow for a 4:1 slope for maintenance convenience. '3 G`0VfVl fl MEETIN6 SFP 9 1885 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato CITY Or ORM DATE: September 5, 1985 SUBJECT: Highway 12 Update As you are aware having received in the mail the outline for the upcoming study on Highway 12 as developed by the staff and John Shardlow. The kick-off meeting will be September 26th, at 7:30 p.m., in the Orono School Cafeteria. Notices to that effect together with notices indicating that the Council will consider on October 7th an ordinance limiting development in the Highway 12 corridor, are being mailed to all property owners in the corridor plus all property owners that are within 350 feet of the corridor. While this ordinance may not be a zoning change ordinance per se, it is being treated as such, so that we insure that al' )axes are covered. Any zoning amendments that may result f. • the study however, will have to have a public hearing with appropriate notices at that time. RECOMMENDATION It is recommended that staff be directed to publish notice for public hearing on an ordinance limiting development in the Highway 12 :orridor study for October 7, 1985. Additionally this will be presented to the Planning Commission at their September 16, 1985, meeting. The ordinance could limit and if desired prohibit all development within the study corridor for a period up to 12 months. The only development that can not be affected are subdivisions that have had preliminary approval prior to the effective date of the ordinances. Should you have any further questions or comments, please feel free to contact me. (:ITV of ()lt()NO {'oat Offer Nix f 60Crystal flay, Minnemitn S`;ll'3•Munu ipal llfru" On the North Shore of Lake Minnetonka Ail Affected Landowners Highway 12 Corridor Study City of Orono Re: Introduction, Discussion of Planning Process, Proposed Schedule of Public Meetings. Dear Property Owner: On September 26 the City Council will hold the initial meeting to begin the Highway 12 Corridor Planning Study. The purpose of this study is to review the existing land use patterns and zoning in light of the problems and opportunities associated with a number of alternative land use patterns within the Study Area (see the attached Exhibit). Among the key issues to be discussed that relate to the alternative land use patterns will be attendant public improvements, which include but are not limited to streets, sewer and water utilities, storm sewers, etc. The City has hired a consultant, John Shardlow of Dahigren, Shardlow and Uban, Inc. to assist the City Staff, the Planninq Commission, and City Council in this pro.-ess. The Study process has been designed to allow opportunities for public participation at every stage of the process. However, it is important for you to realize that decisions made in the beginning stages of the study will have a direct impact on the final results. On October 7, 1985 at 7:00 p.m., the Orono City Council will consider an ordinance limiting development within the defined study area during the comprehensive study period. A copy of the legal notice ordering the public hearing has been enclosed for your information. It is your responsibility to monitor this process and to participate in a timely manner. Please keep the following schedule for your reference through this process. This schedule may be modified through the Study period. In the evert that the schedule is amended for any reason, you will receive a new schedule. Ail of the public meetings listed belowwill be held a3t the Orono High School cafeterias and commence at 7:30 P.M. 1ltNlgkft,�/tWitil. 4717W 0 AIMINMSTRAnON&tINAN/t 47171SA 1+NIH wi)kk% 1?1'159 31IG;IWAY 12 CORRIDOR STUDY Page 2 PROPOSED SCHEDULF. September 26, Thursday - Introductory Meeting with City Councii C--tober 9, We3nesday - Planning Commission Workshop, Inventory & Analysis November 4, Monday - Joint Meeting With Planning Commission and Council, Inventory and Analysis December 2, Monday - Planning Commission Workshop, Goals & Objectives. January 6, Monday - Joint Meeting Planning Commission and City Counci 1 , Goa Is and objectives. February 18, Tuesday - P.anning Commission Workshop, Review and Discussion of Alternative Pians. March 3, Monday - Joint Meeting Planning Commis_ n and City Council, Review and Discussion of Alternative Plans. March 31, Monday - Joint Meeting, Review and Discussion of Selected Plan. Following the completion of the process outlined above, the City would begin to make any changes which were necessary in its Comdrehensive Plan and Zoning Ordinance. You will receive notice of ;,pecific hearing dates as they are scheduled. If you have any questions, please contact Jeanne Mabusth, Zoning Administrator, at 612-473-7357. Sincerely o rs, Mark B ardson, City Administrator y ' � 6 i ��irrN { a �� r Z• PLYwavrm ov LAKE i � � 1 VAX= : Darken�-"',l aroa defines study area MEEM HF.(IUF:S'r FoR PAYMKN'r DATE S PLACE: (►cum, M inn,�dut a PR(1Jh:CT: Sa"itruvements Crystal Bay PROJECT NO.: 1391H F11.E NO.:_13918 _ CONTRACTOR. A.R.I Contracti11 Inc. ADDRESS: l'.O. Box 7U6 Eveleth, Minnesota Y014 REQUEST FOR PAYMENT NO.: 2 SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION g 15,979.00 3. Change Order - DEDUc"rION $ _ 4. Revised Contract Amount 5. Value Completed to Datt. 6. Material un Nand 1. Amount Earned R. Lena Retainage 5 % 9. Sub-Tutal 10. Less Amount Paid Previously ll. AMOUN'r DIIF. 'THIS REQUEST FOR PAYMEN'r NO.: l OWNER APPROVAL: Dote: C P 1985 FOR PERIOD: From: III:II'>� ug. 31), 1985 COMPLETION DATE: December 15, 19H6 Bituminoud Wear Surfacing June 15, 1986 $ 691,587.65 $ 707,566.65 $ 204,522.37 $ 24,476.00 $ 228,998.37 S 11,449.92 $ 217,548.45 S 57,525.65 S 160,022.80 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK 6 ASSUcIArES, LNC. By i Approved By: _A.R.I. CuntractinAL Inc. Contractor By: 7b50c. Prujec.t: 5uniter Sewer Im efuvenu•nlx - t:, xlxl He, t)rsoil u, M i nncesot p Cuutractur: A.M.I. Cont rectinA_file- Contract Item PART I - SANITARY srwER 8" PVC, 0'-8' dp. in pl. 8" PVC. 8'-10' dp. in pl. 8" PVC. 10'-12' dp. in pl. 8" PVC, 12'-14' dp, in pl. 8" PVC. 14'-16' dp. in pl. 8" PVC. 16'-18' dp. in pl. 8" PVC. 18'-20' di,. in pl. 8" PVC. 20'-22' dp. in l,l. 8" PVC. 22'-24' dp. in pl. 8" PVC, 24'-26' Jim. in pl. 8" PVC. 26'-28' dp. in pl. 8" PVC. 28'-30' dp. in pl. 8" DIP in place Std. MN 8' deep. 4' dim., w/104211 carting MN depth greater titan 8' deep Outside riser for Jrop section 8" a 4" PVC service wye branch 4" CISP service pipe in place 6" DIP •ervire pipe in place 4" CISP service riser pipe in pl. 7650c S'rA'rE:MEN r of wt1NK Unit llni r . Pt ice Payment No: 2 File No: 13918 Uate:Sept. 3, 1981 Est'd Quantity Amount Luant i ty To Date ru Date L.F. $16.62 270 L.F. 17.48 1,000 272 L.F. 19.04 1.850 997 L.R. 22.10 950 322 L.P. 25.67 450 247 L.F. 30.58 325 185 L.F. 36.49 565 199 L.F. 44.56 1.100 401 L.F. 52.26 450 286 L.F. 63.31 475 L.F. 82.11 325 L.F. 125.61 140 L.F. 16.00 30 Ea. 800.00 33 14 L.F. 55.00 240 104.2 L.F. 80.00 61 19.5 E.M. 15.50 85 41 L.F. 9.50 2.500 I.025 L.F. 15.00 16 L.F. 10.511 210 108 Page 1. LJ Project: Sanitar :fewer Im,rovementtl - Cr etal Na uruno Minnesutrr Contractor: A.R.I, Cuutrectin-Inc. Contract item PART I - SANITARY SEWER - CON'r'D Service line cleanout Jack or auger 6" CISP incl. casing under Cu.Rd. #15 4a,h nr auger 8" DIP b casing in pl. force main in place DIP fittings in place Rock stabilization (3/4" minus) Mechanical trench compaction ,;'rA'rE:MEN'r OF WORK Unit Unit %Price Ea. $130.00 Payinent No: 2 File No: 13918 Date: Sept. 3, 1985 Eat'd Quantity Amount uantity To Date To Date 9 2 L.F. 175.00 50 L.F. 115.00 130 L.F. 13.00 65 Lbs. 1.3U 300 T. 8.75 2,500 639.3 L.F. 0.31 10,500 3,934 TOTAL PART I - SANITARY SEWER..... PART It - STREET (.KADING, SUKFACINC b KV.-STORATION Common excavat ion C.Y. Bituminous surfacing removal S.Y. Cl. 5 aggregate base(lOUX crusheJ ) T. 2341 bituminous wearing surface r. 2341 bituminous binder T. 2341 bituminous leveling course T. AC-1 bituminous material for mixture f. dituminus material for tack coat Gals. 2341 bttum. street 6 driveway patching T. Concrete driveway pavement, w/66/1010 wire mesh S.Y. Page 2. 7650c $2.50 0.75 8.15 15.15 14.95 16.4U 211.OU 1.55 46.50 21.00 5,000 10,000 5,500 1,100 1,100 200 140 500 150 120 2,408 4,951 2. ' -.71 $260.00 5.593.88 1.219.54 $122,459.28 $6,020.00 3,713.25 19, 883.64 1� Project: Sanitar Sewer Lwuveuurnte - Cr stal Ha l)nmo Minuesut a Contractor: A.K.I. Contracting,-- S1'A'rEMEN'r OF WORK Payment No: 2 File No: 13918 Date; Sept. 3, 19115 Unit Eat'd Quantity Amount Contract Item Unit -Price (JuantitY To Date To Date PART I1 - STREET CRADINC, SURFACING S RESTORATION - CONT'D "Grass paver" concrete grid S.Y. $33.00 36 Clear and grub trees Ea. 75.OU 145 182 $13.650.00 Remove culverts L.F. 6.00 120 20 120.00 12" RCP, Class 5, culverts in pl. L.F. 15.00 115 27 405.00 Remove and transplant trees Ea. 54.00 150 5 270.00 Remove and transplant shrubs L.F. 8.50 1,200 3" sugar maple, N 6 R Ea. 215.00 15 Colorado green spruce 6'high, 5 6 11 Ea. 190.00 15 Sod with 3" topsoil S.Y. 2.30 2,500 Seeding, Cl. 5, w/3" topsoil, fertiliser 6 mulch Ac. 4,600.0U 10.0 Siltation erosion control fence. Mtrafi "Lnvirafence",or approved equal L.F. 2.15 300 8 17.20 Standard 2' x 3' CU w/R-3067 trig. in pl. Ea. 575.00 2 1 575.00 12" RCP flared end section Ea. 205.00 4 1 205.00 Rip rap C.Y. 28.00 10 Filter blanket C.Y. 17.50 5 TOTAL PART II - yt'REET GRADING, SURFACING 6 RESTORATION..... $44.659.09 PART III - LIFT S3'A I I ON Construct wastewater putsping station, including Precast concrete structure. equipment. pjping, site work and electrical work L.S. 51.700.OU L.S. 431 $27,231.00 I'OTAL PART 11 I - 1.1F r SrA'ION..... $22,211.00 Page 3. 7650c a I Project: sanitury Sewer laic rovementa - Cr ata) Ra Urono�Minnelot a ,-- -- — Contractor: A.R.I. Contructin Inc. Contract Item CHANGE ORDER NO. 1 Lift Station Relocation CHANCE ORDER NO. 2 Sanitary Sewer Pipe Size Change 8" PVC to 10" PVC CHANGE ORDER NO. 3 Granular Pill (Pit Run) STA'rF.MEN'1' OF WORK Unit Unit , Price Payment Nu: 2 File No: 13918 Du t e : 5 eft ._i�1 98 5 Eat'd Quantity Amount Quantity To Date To Date L.S. $5,000.00 L.S. L.S. $5,000.00 TOTAL CIiANGE ORDER NO. 1 - ADD..... $5,000.00 L.R. $4.00 2.487 2.487 Total Change Order No. 2 ADD... Ton $4.58 550 550 Total CHANCE ORDF.k NO. 1 - ADD..... $9.948.00 $9,948.00 $2,519.00 $2.519.00 TOTAL PART I - SANITARY SEWER $122,459.28 TOTAL PART I - 5TRu'r GRADING, SURFACING 6 RESTORATION 44.859.09 TOTAL PART III - LIFT STAION 22.231.00 TOTAL CHANCE ORDER NO 1 5,000.00 TOTAL CHANCE ORDER NO 2 9.948.00 TOTAL CHANGE ORDER NO 3 2,519.00 TOTAL WORK COMPLETED TO DATE....... $204.522.37 Page 4. 1650L (:IIAN(:F: ORDER � I ;��.° ` EETING DATE: August 30, 1985 C " IJuJ PLACE: Orono, Minnesota PROJECT: Crystal Bay Sanitary Sewer Improvemen��� i Or �,��NoFILE NO.: 13918 PROJECT NO: 13918 CONTRACTOR: A.R.I. Contracting, Inc., Box 706, Eveleth, Minnesota 55734 CHANCE ORDER NO: 3 DESCRIPTION OF WORK: Due to poor soil conditions along Briar Street additional material was needed for the road base. Est'd Total Change Order Item Unit Price Quantity Amount Granular Rill (Pit Run) Ton $4.58 550 $2.519.00 Total CHiANGE ORDER NO. 3 - ADD..... $2,519.00 Original Contract Amount $691.587.65 Previous Change Orders 9,948.00 PHIS CHANGE ORDER NO. 3 - ADD 2,519.00 REVISED CONTRACT AMOUNT........ $704,054.65 Approved by: City of Orono, Minnesota Date: Approved by: A.R.I. Contracting, Inc. By Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. B y /� I�" By , Mayor By , Clerk Distribution: 1 - City ? - Contractor 1 - Engineer 0429d a s Rom, �!� �4�_ , Aw. Sf P.-J. 33113 PA.,,.. 611- 636 •*600 September 5, 1985 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Our File No. 13922 Willow Drive b Old Crystal Bay Road Dear John: Glem. R l Oak. P f Kprh 4 foWdon• PE l Nrr. (. /vnr.•.00, P E lAonal / .Nolrt. P f Rohr•r M Roteme P f Rahold N fmw. Pf ;—ph ( Andr•r.A, P 1 P•.M.r G Sr A.m. Ar. P E B.ndJo.d A/ emobvs. P f A48n1. 1 .SoneN. P f ft. hoed t. 1wln . P f JArme(d ( "Ip•dr. P F Janr1 I lNa.n. P 1: Jell..4 Rowdr,e. P E Naro A Neeuin, P E fed A / uld. P E A/, hoe T Rw/a.onn P E Ro0wr R Pfeffeek. P f Oerrd V Lorhwo. P E CAerkr A E.wh.o. Leo M Pom,10. /{ .N /Noon (J 4ri Ur OF OR640 The City will have to revise the hold harmless resolution$ Number 1833 and Number 1834 on Willow Drive and Old Crystal Bay Road. We originally referenced the variance from Minnesota Rules Number 8820.3300. The variance should be from Minnesota Rules Number 8820.9914 as per the enclosed letter. If you have any questions, please contact this office. Yours very truly, 11O'41?:,TR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. .G�. 2 (, k Glenn R. (.urrk ('R('.gas F:nc 1 . t��NNE'.f,►l4 Z. ��1llllt'ti111.1 rF I )f'I►Illlllli'lll t 11 n a I. Of 1 NP � tit �►`� 11111. 1 I.1 1 .nu, ni•. �Il .lu•I August 30, 1910) Glenn R. Cook Orono City Engineer 2 Bonestroo, Rosene 6 Associates 2335 West Trunk Highway 36 St. Paul, Minnesot.t 55113 In reply refer to: Request for Variance Dear Mc. Cook: 1 1.1111n111111,1111111 1'.11110II1}2, 1 1 1 -> 51: ► � „ Ili oul11 ut,l Of UU1 .Y o;lf 1 ln.J -:1 1 W 11 KIA I t 11V �,N t111 N 1 _ 1, 44 1. ; IV, . i . I it..(. 1 ♦:. 1 '1 1 1 I i. 41 I: i t '. i: 1 I I I �.11' 1 lJ J t •�.�.. I l it 1 1 10#1 11 h& W i.l I , 4WE i7 Upon the advice of it Variance Committee appointed expressly for the purpose of recolmueuding to me the validity of Oronc's request for a variance from State Aid Rules 1 8820.9914, I hereby grant the variance so as to permit a design speed of 30 miles per hour. The variance is conditional upon receipt of a resolution by the Orono City Council that indemnifies, savers and holds harmless the State of Minnesota and all its agents and employees of and from any and all claims, demands, actions or causes of actions of any nature or character arising out of or by reason of, in any manner, the resurfacing of Old Crystal Bay Road (MSAS 102) from CSAH 84 to CSAII 6 in any other manner than as a design speed of 40 miles per hour in accordance with the Minnesota Rules 4 8820.9914 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Sincerely, -;;O-VACZS�� Richard P. Braun Conaissioner .�.�_ 111,t,.Ntwo, I, 1 1,101 ,1. r WJP., - RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION BY THE CITY OF ORONO SETTING A SPEED LIMIT OF 30 MPH ALONG WILLOW DRIVE NEAR FOX STREET AND INDEMNIFYING THE MINNESOTA DEPARTMENT OF TRANSPORTATION FROM ANY CLAIMS AS A RESULT OF SETTING SUCH SPEED LIMIT WHEREAS, the Minnesota Department of Transportation (Mn/DOT) has approved and granted to the City, a variance from Minnesota Rules S8820.9914 allowing a vehicle speed limit of 30 mph on Willow Drive, near Fox Street; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono: 1. The vehicle speed limit along Willow Drive near Fox Street shall be set at 30 miles per hour, rather than 40 miles per hour as stated in Minnesota Rules S8820.9914. 2. As a condition of Mn/DOT granting its variance, the City will hold harmless the State of Minnesota and all its agents and employees of and from any and all claims, demands, actions or causes of actions of any nature or character arising out of or by reason of , in any manner, the resurfacing project on MSAS 101 (Willow Drive) from Fox Street tc B.N.R.R. Bridge, in any other manner than as a design speed of 40 miles per hour in accordance with the Minnesota Rules S8820.9914, and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the variance. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held August 12, 1985. ATTEST: Dorothy M. Nallin, City Clerk Mary C. Butler, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION BY THE CITY OF ORONO SETTING A SPEED LIMIT OF 30 MPH ALONG OLD CRYSTAL BAY ROAD FROM CO. RD. 84 TO CO. RD. 6 AND INDEMNYFYING THE MINNESOTA DEPARTMENT OF TRANSPORTATION FROM ALL CLAIMS AS A RESULT OF SETTING SUCH SPEED LIMIT WHEREAS, the Minnesota Department of Transportation (Mn/DOT) has approved and granted to the City, a variance from Minnesota Rules S8820.9914 allowing a vehicle speed limit of 30 mph .)n Old Crystal Bay Road from County Road 84 to County Road 6; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono: 1. T)le vehicle speed limit along Old Crystal Bay Road from County Road 84 to County Road 6 shall be se* at 30 miles per hour, rather than 40 miles per hour as stated in Minnesota Rules S8820.9914. 2. As a condition of Mn/DOT granting its variance, the City will hold harmless the State of Minnesota and all its a,ients and employees of and from any and all claims, demands, actions or causes of actions of any nature or charai.•ter arising out of or by reason of , in any manner, the resurfacil,q project on MSAS 102 (Old Crystal Bay Road) from County Road 84 to County Road 6, in any other manner than as a design speed of 40 miles per hour in accordance with the Minnesota Rules S8820.9914, and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the variance. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held August 12, 1985. ATTEST: F 'y M. 11al l in, City Clerk Miry C. itut lr , m.cy ,r -71 COUNCIL MEETING sE, P s 19s5 TO: Mayor and City Council r,� FROM: Mark Bernhardson, City Administrato��gr OF ORONO DATE: September 5, 1985 SUBJECT 1986 Cable Commission Budget Enclosed please find the proposed 1986 Budget for the Cable Commission, which was passed by the Cable Commission on August 20th. The document as passed has had one error that is reflected as being correct in the attached statement. As you will note at the end of 1986 it is anticipated that the Commission will have $5,600 deficit in its operating fund, however it is my understanding at this point that the Commission does not intend to do any assessment. It should be additionally noted that the Commission has hired an Administrator on a half time basis and that person has started work, the first of September. We wi 11 be asking that person to attend a future Council meeting when she has had the opportunity to become acquainted with the area. RECOMMENDATION It is recommended that the Orono City Council ratify the 1986 Budget for the Lake Minnetonka Cable TV Commission (Resolution attached). City of ORONO RESOLUTION OF THE CITY COUNCIL NO. CITY OF ORONO COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION APPROVING THE 1986 BUDGET FOR THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION WHEREAS, the Lake Minnetonka Cable Communications Commission (hereinafter "Commission") has granted a cable communication:; franchise ordinance to Dow -Sat of Minnesota, a Minnesota corporation: WHEREAS, the Commission was issued a Regular Certificate of Confirmation :-)y the Minnesota Cable Commission Board relative to the Cable Communications Franchise; WHEREAS, the City of Orono ("City") is an existing member of the Commission; WHEREAS, said joint and cooperative effort is authorized by Minnesota Statutes Section 238.08, Subd. 5; WHEREAS, the existing joint powers agreement provides that the member cities of Commission shall review and approve the Commission budget; WHEREAS, the City has reviewed the 1986 budget of the Commission and believes ik to be :Y-per; NOW, THERElORE, be it rt •.red, that the City Council of the City of Orono approves the 1986 budget of the Lake Minnetonka Cable Communications Commission. The abt-ve listed resolution was moved by Council Member and duly seconded by Counci 1 Member The following Council Members voted in the affirmative: The following Council Merr,bc:rs voted in the negative: The above resolution was duly adopted September 9, 1985. ATTEST: ITdfrc� Mayor t�or��t IV Hall i n, �C'ity Clerk 0 CONNOR & HANNAN ATTORNEYS AT LAW 3800 1 O a TCWER 80 SOUTH r.IONTM STREET MINNEAPOLIS, MINKIE30TA 55402 -2254 (6i2) 341 -al- TELEX 2s TELECCP,ER 6i2 .O (256) THOMAS D. CREIGHTON Oin[CT 00AL NUMMCp (618) 343--ti6 MEMORANDUM TO: City Administrators and City Clerks/ Lake Minnetonka Cable Communications Commission FROM: Tr, 3s D. Creighton, Legal Counsel DATE: August 22, 19F;5 RE: Commission Budget •ao-.---.•.- ���� Mrn/w�yp TO N, O.0 2000�•5��3 SOS, •pt 00 guilt •TOO omit JN'Tco $A C(NTt• :too 6—COLN tT At(♦ -at w vtw, COLOO-00 60203 Son 430•-700 .11"ZO.t1.t, m A0A,0 ., SPAIN .n•n•oo •t.n (3t.a Please find enclosed a copy of the Lake Minnetonka Cable Communications Commission Budget for 1986. The Commission approved the budget at its meeting of August 20, 1935. This budget is sent to you in accordance with the provisions of the Joint Powers Agreement for the Commission in Article IX, Section 3. The Joint Powers Agreement provides for a review and approval of the Commission budget by the member cities. The budget shall become effective only if approved by a major- y of the members within thirty (30) days after your receipt. If the budget is not timely approved by a majority of the members, the Commissicn must adopt a revised budget and submit it to each member for review and approval. Consequently, the Commission recommends that your city council review and approve the enclosed budget within thirty days of your receipt of this letter. I have enclosed a sample Resolution which can be used for this purpose. Upon your city's approval cf the bullet, please forward to me a copy of the budget with the executed Resolution at the Lake Minnetonka Cable Communications Commission August 22, 1985 Page Two above address. Please nof-s the time limitation within which the city should approve the budget. If the thirty day period presents a problem for your city, please contact me. Thank you for your cooperation in this matter. If you have any questions, please feel free to contact me. Enclosures LARE MINNETONKA CABLE COMMUNICATIONS COMMISSION BUDGET 1986 Approved August 20, 1985 INCOME Dow -Sat Miscellaneous TOTAL EXPENSE Cable Administrator Legal Fees Conferences/Schools Financial Audit Fees Technical Audit Fees Insurance/Bonds Office Equipment Secretarial Service Assn. Dues & Bank Charges Telephone/Repro/Postage Miscellaneous NET TOTAL CUMULATIVE 1985 BUDGET FORECAST $ 8,000 $ - 500 $ 81000 $ 500 $10,000 10,000 8,000 2,000 2,000 1,000 1,000 1,100 500 $35,600 ($27,600, $ 5,000 5,500 1,500 500 1,500 500 500 300 1,100 700 200 $17,300 1986 BUDGET $46,000 700 $46,700 $11,000 6,500 8,000 1,000 2,000 2,500 1,000 1,000 1,100 900 500 $35,500 ($16,800) $11,200 ($ 5,600) 1 Excludes franchise expense refunded by Dow -Sat to Cities. 2 1986 Income conservatively estimated--(5% of potentially $920,000 1985 Dow -Sat billings reflected as $46,000 1986 income). 11 ;`SING E_ P 91925 TO: i4ayor and City Counc i 1 FROM: Mark Bernhardson, City Administrato CITY OF ©i OND DATE: September 4, 1985 SUBJECT: 1985 Interim Compensation Study BACKGROUND One of the priorities for the staff for 1985 was review of the staff's compensation, particularily in light of the police bargain units gains as they related particularily to longevity, annual percentage differential (1% above gen,-cal staff for 1985), leave and injury on duty pay. Initially Cy Smythe was asked to review this in conjunction with the personnel rules revision. Concurrent with this was Orono's joining together with the other suburban municipalities in a joint compensation study for purposes of comparable worth. Since commencing 1 May the following actions have been taken by staff. a. Receipt, review and revision of the organization's Administrative and Personnel Rules from Cy Smythe. These are at the point that they wit 1 be submitted for City Attorney review by mid September. A portion of these rules address the aspects of compensation including benefit levels of vacation, sick leave etc. These aspects are presently reviewed as part of this interim compensation study. b. Com arable Worth Com2ensationa _Study - Initited following 1984 legislative session mandating such a study by all units of government in Minnesota; this study has been proceeding on schedule. All employees have completed task analysis questionaires relating to their job with an indication of time spent on each of those tasks. The time -tasks profiles are currently being reviewed by the employees' supervisors. Additionally all tasks were rated relative to the factors of skill, importance to the organization, undesirability and an overall ranking. Once done these will be brought together to give an overall ranking of each job's worth in the organization. Additionally market data relative to the jobs will be supplied. This is expected to be completed in November. Once completed the City will have to: 1.) Consider the relative rate of compensation for its employees vis-a-vis the market (i.e. ,average, above, below average etc.) 2.) Develop a plan to implement by 1987. 3.) Develop a means to adapt compensation as positions change. 4.) Finalize an internal compensation plan including wages, benefits, salary schedule, evaluations, pay for performance etc. C. Interim compensation plan. Back in March a proposal (attached) was presented by staff which provided the impetus for a more full compensation study. Because of the expected comparable worth study, this interim study was undertaken to address for 1985 the more significant adjustments based on the following criteria: a.) Market "Average" - An average derived from the Association of Metropolitan Municipalities (AMM)/Stanton 1985 Salary Survey for "similar" jobs, full analysis as to tasks, responsibilities was not undertaken however does provide a "ballpark" estimate of the job in the market. (The comparable worth study should provide a more definitive analysis.) This assumes Orono wants to pay at the "middle" of the market. b.) Supervisors/Employees - The criteria applied that a supervisor should at a minimum make at least what they would make as a front line employee. c.) Minimum Increase - This is an approximation of the average annual increase since 1980. Some employees in years past have not received this annual adjustment. Where this criteria is used, these employees who are at or above average performance in 1985 should receive the minimum average. The first criteria is used in addressing the non -salary benefits with all three used in the salary benefits. INTERIM COMPENSATION STUDY Compensation generally is based on the two factors; i.) Internal - The relative worth of a job or position within the organization based generally on the ticks and responsibilities it has. h.) Ext--rn,i 1 - The pr i(-e required in the market to attract •i person qualified to perform the position in question. 2 1. WAGE/SALARY (APPENDIX A) A. 1985 Adjustments Outlined in the attachment are recommendations fo: increase of selected jobs. These are interim adjustments. Should the comparable worth study be readied prior to year's end and if some significant adjustments based on relative worth are indicated they will be so recommended. Funding required for these adjustments retroactive to January 1, 1985 is $13,236 and the funding sources is the fund balance or operating funds in the case of utility and liquor. B. 1986 Adjustments The 1986 final budget will contain the 1985 adjustments made prior to its adoption together with a lump amount of $20,000 for comparable worth increases in 1986. This is strictly a estimate at this time. C. Salary Compensation Framework The anticipated salary framework for all non -bargaining unit employees once comparable worth study is completed will include a four step program starting at 80% of the market/organization value of the job. Over a 3 year time period based on consistently good performance the person should progress to the 100% job value. All progression increases in the scale will be subject to performance evaluations by supervisor. Personnel. The schedule will have "milestone" steps of 80, 84 and 7'$ of job value. Once implemented following the comparable worth study, a proposal to reward top performers will be presented for council consideration. D. Performance Evaluation System This will be developed with staff review during September - October for implementation by the end of November to tie in the comparable worth task analysis for "front line" employees with some objective setting for those personnel. Management personnel will be based significantly more on personal, departmental and organizational objective setting. 2. NON -SALARY COMPENSATION (Appendix B) This study took into account both internal (vis a vis the barganing unit) and external comparisons with other municipalities. Generally most employees within a municipality receive approximately the same non -salary benefits (internal (-omparison) together with significant Simi 1 iarity across munioipal ities. The 3 recommendations reflect in part both internal comparisons with the bargaining unit plus external both with other municipalities and the private sector. The recommended change while not resulting in a direct cash outf low do result in additional time off for employees and may necessitate some additional overtime - (no estimate at this point). No Injury on Duty program is recommended however the following actions will be pursued: a.) Modification of existing contractual IOD; and b.) Explore possibly long term G:sability plan. RECONNBNDATION It is recommended that this then be tabled until 9/23/85 meeting with perhaps discussion during the budget meetings. The following items are recommended: a.) That the individual salary adjustments be adopted for 1985 as outlined retroactive to January 1, 1985. b.) That the non -salary benefits be recommended adopted for all non-bargining unit personnel effective January 1, 1985. c.) For 1986 it is recommended that the revised approach for insurance be undertaken. Together with exploring long term disability. Should you have questions or comments, please feel free to contact me. 4 APPENDIX A 19d5 Market Position Current Recommendation lncteasc Avetayr Rationale Public Works 35,533 37,509 1,967 33,6aa Has tasks which in addition to Public Works include Packs, Engineering Coordination, and position as Acting Administrator. Performs very well. Finance 33,492 34,6b6 1,262 32,500 - Has continued to improve both Director 33,500 financial area and supervisory skills. This increase would give him the average increase since 1980. Building 24,144 25,1da 956 28,900 This individual is considerably Inspector below the market average. He has the technical skills and is working to develop the necessary interpersonal skills to merit the average. Increase represents a 41 increase for 85 based on development to date. Street 26,295 29,500 11210 29.532 These individuals are currently Foreman below market and below the rates paid to the base patrol officer Utility 28,030 29,240 1,210 29,532 Foreman Asst. Chief 30,925 33,106 2,175 33,075 This assures that the Asst. Chief is making as much as a patrol office& with his seniority and more than the Sergeant. Sergeant 29,544 32,690 3,056 32,817 This raises the Sergeant to a point where he is making slightly more than he would as a patrol officer Of his seniority. 0 Liquor Clerk 13,000 14,400 1,400 14,352 The average market for such a jut; is $6.90. This person who does a good job has bern with us fUlltlak for 6 years and parttime for 6 yrs. She dues a very good job. AI'I IrW I X I3 MIN-:;AIAHY CUMI SATION Metru Pt ate Current Orono Police Municipalities Industry Benefit Orono Unit "Average" Average Rr-ormuended Differences A.) Vacation 1-9 10 days/yr 1-5 10 days 1-5 10 days 1-5 10 days 1-5 IJ days 64 5 days/yr 6-19 15 days 6-19 15 5-A 10 or 15 days 6.19 i5 9-20 15 days/yr 11-15 is 10-15 l5 8-15 15 days 10-.5 15 15-20 15 or 20 u.ys 16 + 20 16-29 5 days/yr 20 + 20 days/yr 16-20 19-23 16 + 20 B.) Holidays 9 Pay Personnel for 11 (Prior to 1986 1v days State law m nJates 2 days/ye 11 holidays change) 10 starting 1986- recaamend 11 for 1986 a.) Of this mordated allow option - Columbus/ Friday after Thanksgiving Leave to annual recommendation by department. i,.) l l th da- to be personal da• C.) Inmuranc-e 5le "Group" Tfi of eepioytw up to 5141.49 similar 0 Fiat tills_ 1564.30-90.61) Orono amounts for incentive to us.' more inexpensive plans Faor-111 90% pay Mi AWIOyae plus up to 3141.49 106.29-216.24 full cost of 461 of dependent Average $155. faslly zoverage (8107.11-141.49 (Orono full cost $170.93-205.) page 1 of 2 TO. City Council FROM: Tom Kuehn, Finance Director DATE: March 14, 1985 SUBJECT: Impact of Proposed Salary Adjustments to 1985 Budget and Review of Annual Salary Adjustments 1977-1985 At the February 25, 1985, Council meeting staff pre,.entea a salary and benefit review proposal for non -bargaining unit employees. At that time Council requested additional information regarding the impact of the proposal on the current year operations and for a review of the annual salary adjustments for the past 5-10 years. Incl—ied in this memo is a tabulation reflecting the proposal's imp_,;t by fund and a comparison of non- union to union annual wage adjustments for the years 1977 to 1985. Impact of Ptiposed Salary Adjustments to 1985 Budget: Fund Budget Increase % Increase Ge:.e $1,922,043 $29,354 1.53% Liquor Operating 126,110 3,935 3.12 Wa*-II, Operating 132,794 2,414 1.82 Serer Operating 288,705 3,315 1.15 Golf Course Op 97,200 1,937 1.99 Totals $2,566,882 $40,955 1.60% The impact to the General Fund i, ninimal in as much as the undesignated unreserved fund balan 12/31/84 is estimated to be about $1,950,000. The impact to _ operating funds will also be small, but will result in reducing net income from operations. pale 2 o t 2 Tabulation of Annual Salary Adjustments 1977-1985: Non Year Union Union 1977 6,00% 5.811 1978 10% 7.69% 1979 7.00% 8.84% 1980 7.00% 7.81% 1.981 10.00% 10.20% 1982 8.00% 9.47% 1983 6.00% 6.00% 1984 5.00% 4.73% plus longevity, 1% mit,imum 1985 4.001. 4.98% plus 1 vity, 3% minimum Totals 60.3bt 65.53% S.Sd% The not,-v., )n wage adjustments indicate the base rate of increase only. Ac",.tional adjustments for individual merit or job descriptio►, changes or job position changes are nut included. OF3'ARTMFW I1FADS AND Clfl ER SMWnSORS NRjtDrr It "AL St TOTAL SALARY Mal Iin $21,254.52 $212.55 $21.467.07 S1,973.35 $22,540.42 Kuehn 33,402.67 134.03 33.736.79 1,686.84 35,423.54 Lattin 21,254.52 212.5s 21,467.07 1,073.35 22,549.42 Mabusth 31,762.21 317.62 32,079.81 1,693.99 33,683.82 Gerhardson 35,533.42 155.33 35,983.75 1,794.44 37,683.19 Orinkhaus 28,299.76 282.91 29,573.67 1.4 58 30,002.35 Carlso,i 28,011.74 280.31 28.311.05 1,415.55 29,726.60 Kilbo 33,241.21 382.41 38,623.62 1,931.18 43,554.80 Aurraster 30,925.23 399.25 31,234.48 1,561.72 32,796.20 3 34,'.R3.-I Holiday 1,308.38 13.08 1,321.46 66.97 1,307.51 Stettenhagen 25,239.19 250.39 25,289.58 1,264.40 26,554.06 M Aywan 27,339.18 273.39 27,612.57 11383.63 29,993.29 H,gus 15,159.49 151.59 15.311.98 765.55 16.976.63 3a[tron 26,122.64 261.21 26,381.85 1,319.09 27,700.94 Cheswirk 21,546.93 295.47 29,842.37 1.492.12 P. 134.4`1 32,669.18 H01 03y 1,250.06 12.59 11262.56 63.13 1,325.69 TOTAL TOTAL AOD'L AM'L SALARY PERA FICA WC COSTS $1,285.90 $ 54.65 S 90.66 $ 3.12 $1.434.33 2,920.87 85.89 142.47 5.94 2,254.27 1,285.99 54.6-, 90.66 3.12 1,434.33 1,921.61 91.67 135.47 W. 60 2,191.35 2,149.77 91.37 151.56 55.66 2,448.36 1,711.59 72.74 1.J.67 168.39 2,273.30 1,695.96 178.97 - - 95.56 1,969.49 2,313.59 277.63 - - 135.12 2,726.34 1,959.12 234.01 - - 112.60 2,296.73 1,514.87 64.13 106.80 54.72 1,743.77 1.654.02 173.67 - - 27.2J 1,854.99 917.14 38.98 64.66 16.00 1,936.78 1,590.30 67.16 111.41 48.49 1,799.35 1,863.22 223.59 - - 196.97 2.193.78 $3,944.59 $19,920.17 523,864.76 $1,699.46 $1,914.36 S874.49 $27,452.07 ......... .......... .......... ......... .... I.... ....... .......... ION-SUP81MS0� Pm19d08R. - rAL TIM - LONGEVITY ELIGIOCA P.T. l/1/85 'BASE' T+Dm TOTAL. STAIR LONCEVITY/ CURRONT 11 WrAL LONGEVITY TOTAL AWL AW'L DATE PdCi rAGE SALARY SALARY PERA FICA N/C COSIS Knutson 03/11/74 10 yrs 51 517,997.03 S 179.99 $18,177.81 $ 908.89 $19,086.70 $ 1,988.87 $ 46.28 S 76.77 S 2.64 S 1,214.56 Hansen 11/14/71 7 yre 31 22,388.17 223.88 22,612.95 (a) 593.57 23,346.95 958.78 49.75 67.59 93.50 11166.62 8 yrs S1 (b) 141.33 Sass 97/16/79 S yrs 31 22,398.11 223.89 22.612.05 678.36 23,290.41 902.24 30.35 63.61 93.59 1,097.70 X skreen 10/11/76 0 yrs S1 22,388.17 223.80 22,612.95 1,130.60 23,742.65 1,354.48 57.57 95.49 130.90 1,638.44 x Gregory 09/29/73 9 yse 51 24,936.43 249.36 25,185.79 1,259.29 26,445.98 1,508.65 64.12 106.36 149.N 1.128.73 Mross $]/01/" 16 yrs 91 19,267.16 192.66 19,460.54 1,751.45 21,211.99 1,944.13 82.61 117.06 1k. 21350.92 Smith 0/28/78 6 yrs 31 23,664.71 236.65 23,911.36 717.e4 24,610.48 953.69 40.53 67.24 54.89 1,115.26 oy� Quest 03/16/81 3 yrs -- 21,64%.86 236.45 23,011.31 - - 24,442.88 798.92 1).92 56.26 45.44 933.44 4 yrs 31 (C) 561.571 Dobsien 03/18/83 1 yr - 15,937.86 169.38 17,167.24 - - 17,197.24 169.38 7.20 11.94 - - 188.52 Ehrenberg 11/14/7$ 9 yrs S1 13,001.27 130.91 13,131.28 656.56 13,797.84 786.57 33.41 55.0 12.81 888.25 Owen 66/23/84 - - -- 16,224.99 162.24 16.106.24 - - 16,386.24 162.24 6.90 11.44 5.06 105." ff-ffrx ......... ......... jis;-077.9 .......... f4T W ....... Mf.2T ....... ;flrW ....... 312,E .......... IOII-SUPRWISM P831WOM - PAW TUC - NDT IO CWITY ELIGIKZ -NDTf - (a) IC S Months (b) 1.5 Months 1/WJRLY PATE 11 TfWAL TOTAL (c) 9.5 Months Provo $ 4.42 S .04 S 4.46 - - $ 4.46 Sutton 7.60 .29 7.88 - - 7.!!8 Harming 6.49 .06 6.55 - - 6.55 Manuel 4.84 .95 4.09 - - 4.09 NSMIng 4.52 .85 4.57 - - 4.57 00,���i`ic,,it G r,f T/hG c c-p 9 1985 TO: Mayor and City Council Y� OF n FROM: Mark Bernhardson, City AdministratofA II �J���0 DATE: September 5, 1985 SUBJECT: Regulation of Noise and Construction Activity As you will recall at the last meeting Mr. David Fox from the Bohn's Point area requested that the staff look at it's regulation for construction activity, because of construction on a certain property that extends into the evening hours and also on weekends. At this point the staff has reviewed it's ordinances and apart from a general public safety and welfare ordinance has no specific ordinance governing this. We have however undertaken two actions: a. We have discussed the matter with the contractor for the new residence under construction at 1535 Bohn's Point Road, he has indicated that construction activity will be limited to between 7:30 a.m. and 5:30 p.m. weekdays, and perhaps on some Saturday mornings. b. The staff is currently reviewing appropriate noise ordinances and construction activity ordinances to present to you in the next couple of weeks. Should you have any further que, or comments, please feel free to contact me. I COU, 0L MEETING TO: Mayor and City Council r' u 91935 FROM: Mark Bernhardson, City Administrator ITY OF ORONO DATE: September 3, 1985 SUBJECT: 1986 Proposed Budget Review The 1986 Budget was to be presented for your initial review at a work session, 7:00 p.m., Thursday, September 12. As you will recall from a month ago we initially set aside Tuesday, Septembe* 17th and Monday, Sepetember 30th for additional budget review sessions. There has been a scheduling conflict so I am recommending the first session for: 7:00 P.M. Wednesday, September 18 and reserve the following if needed: Wednesday, September 25 and Monday, September 30 The budget message for 1986 will be presented for your review prior to the 18th. Should you have further questions or comments, please feel free to contact me. COLIWIL MEETING c F P 91985 TO: Mayor and City Council CITY OF ORONO FROM:Mark Bernhardson, City Administratokit DATE: September 3, 1985 SUBJECT: Sewer Assessment Policy Resolution - Navarre Attached please find the resolution incorporating the recommendations from last Council meeting regarding sewer assessments in the Navarre area. It is recommended that the Council adopt this resolution in line with its adoption of the recommendations last week. It is anticipated that the public hearing for FWBI assessment will be held at the Council meeting on October 7, 1985. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ESTABLISHING SEWER ASSESSMENT POLICY NAVARRE AREA LIFT STATIONS NUMBERS 6, 7, S, 13 AND 22 WHEREAS, Resolution #1620 dated April 9, 1984, established a policy for the area for the connection charges; and WHEREAS, all properties in the Navarre area are required to pay an initial $225.00 per unit hookup to cover the original cost of sewer; and WHEREAS, all new properties with stubs have been assessed $150.00 per unit for the bypass; and WHEREAS, potential residential units that were not assessed $150.00 per unit should pay such a charge; and WHEREAS, potential capacity for the system done by the bypass for lift station number 6 and the force main at lift station number 7 have created a new capacity in the area of approximately 200 units; and WHEREAS, there is a potential 116 residential units without current stubs that may come on the line in the future; and WHEREAS, this potential may not be used up for a number of years and therefore the realistic potential s approximately 60 new residential units; and WHEREAS, based on the realistic 60 new units of residential property the cost per unit is approximately $985.00 for future connections; and WHEREAS, existing commercial units do consume part of that capacity when they increase usage and should pay their fair share of the hookup charges; and WHEREAS, the City has a time cost of holding money. 1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono that the following shall be the modified policy for connection charges as outlined below: Initial #6 Charge By Pass Forcemain 1. Existing Properties/Increase Previously Previously $335 + 33.50 Sewer Usage -SAC Units Paid Paid /yr for each year after 1984 2. New Buildings Replacing Existing Buildings 3. New Residential with Existing Stubs 4. New Residential without Stubs Previously Previously If usage Paid Paid increases from existing $335 + 33.50/yr for each year after 1984 Previously Previously $985 + 98.50 Paid Paid /yr for each year after 1984 $220 $150 + 15.00 $985 + 98.50 /yr for each /yr for each year after year after 1984 1984 FURTHER BE IT RESOLVED, that portion of the money that was to be assessed to other property owners should so be assessed. Adopted by the Orono City Council on this 9th day of August, 1985. Maly C;. E3utft r, Mayor --- -- - --- -- -- ATrF.ST: Dorothy ri.-Hallin, City Clerk City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1854 A RESOLUTION ESTABLISHING SEWER ASSESSMENT POLICY NAVARRE AREA LILT STATIONS NUMBERS 6, 7, 8, 13 AND 22 WHEREAS, Resolution #1620 dated April 9, 1984, established a policy for the area for the connection charges; and WHEREAS; all properties in the Navarre area are required to pay an initial $225.00 per unit hookup to cover the original cost of sewer; and WHEREAS, all new properties with stubs have been assessed $150.00 per unit for the bypass; and WHEREAS, potential residential units tt..at were not assessed $150.00 per unit should pay such a charge; and WHEREAS, potential capacity for the system dor, , by the bypass for lift station number 6 and the force main a' lift station number 7 have created a new capacity in the at-ia of approximately 200 units; and WHEREAS, there is a potential 116 residential units without current stubs that may come on the line in the future; and WHEREAS, this potential may not be used up for a number of years an,-1 theref)re the realistic potential is approximately 60 new residential units; anj WHEREAS, based on the realistic 60 new units of residential property the cost per unit is approximately $985.00 for future connections; and WHEREAS, existing commer(-ial units do consume part of that capacity when they in,•reas:, usage and should pay their fair share of the hookup charges; and WHEREAS, the City has + time cost -)f holdinq money. d RLSOIUTION OF THE CITY COUNCII. NO. 1854 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono that the following shall be the modifieJ policy for connec#ion charges per `iAC unit as outlined below: 1<. Existing Properties/Incre�so Sever Jsage-SAC Units 2. New Buildinqs Repia(•inq Existin(; BuiiJin,i.. 3. New PeslJont i ,, with EXist ir)(1 Stubs 4. New Residenti-ii without Stubs Initial t6 {7 Charge B Pass Forcemain FrQ'Jl.r_..,ly Previously $335 + 33.50 Paid Paid /yr for teach fear after 1984 Previously Previously If usage Paiu Paid increases from existing $335 + 33.50/yr fcr each year after 1984 reviously Previously $970 + 97.00 Paid Paid /yr for each year after 1984 $225 $150 + 15.00 $979 + 97.00 /yr for each /yr for each year after year after 1984 1984 5. Freshwater Biologic -al Institute $225 $150 + 15.09 $500/unit on /yr for each connection year after (All ready 1984 assessed $2000/A.�e) FURTHER BR IT RESOLVED, that portion of the money that was to he -15` .i isi ] to othor pr. party Jwners 'should so be as..3ess+'d. Adopted 1jy the urono City Coun<-i 1 on this 7th lay ;Jf September, 1985. A s-r: �!,�r-fflst J o y a 1 r' —'P --- c TO: Mayor and City Council S�? 9 1535 FROM: Mark Bernhardson, City Administratof�6 C111 of 6100 DATE: September 3, 1985 SUBJ WT: Big '.sland Veteran's Camp Attached please find the letter sent to Senator Gen Olson regarding Big Island Veteran's Camp in a response to a letter she had sent us on some information she had obtained. Given the continued progress we are continuing to hold in abeyance the resolutions regarding condemnaLion for hazardous building proceedings, since the filing of those would necessitate additonal expense both on the part of the City and the parties involved. We would like to, a this time, delay it indefinitely but may bring it back to you at a Counci 1 meeting in the future should the cooperative efforts currently engaged in appear to break down. It is recommended that you continue this matter indefinitely. CITY of ORONO I'nst Offirn Nix 660Crystal Bay, Minnesota Ci.'>; 23eMunicipal Offices On the North Shore of Lake Minnetonka August 30, 1985 Senator Gen Olson 6750 County Road 110 West Mound, MN 55364 Dear Gen, On beha 1 f of both the Mayor and myse 1 f we wou 1 d 1 ike to thank you for your letters forwarding_; copies of the American Legion resolutions on the Big Island Veteran's Camp. In response we would like to bring you up to date as to were we are at on the issues. - At present the City of Orono has been holding in abeyance its resolutions to commence hazardous buildings proceedings against all the buildings, based on the fact that the Department of Veteran's Affairs together with the Big Island Board of Governors are attempting to resolve those issues in the near time frame. The Department of Veteran's Affairs has appropriately secured the buildings and has been for the most part able to maintain that securing on the site. - Department of Veteran's Affairs and Legislative Auditor are attempting to conclude the audit and to determine what funds are to be turned over to the Big Island Board of Governors. It is estimated that at present that will be $40,000. At this time a tenative date ,.f mid September has been set, but that may have to be delayed. Additionally the Department of Veteran's Affairs is working with the Big Island Board of Govenors to remove from the property all the old tent frame buildings. - The Big Island Board of Governors has engaged the Engineering firm of Setter, Leach and Lindstrom to ..j an evaluation of the buildings and it is anticipated that they will have a status report within the few weeks. As far as identifying alternatives it is estimated that they should have a report by the first of November for the Big Island Board of Govenors. 111( 11 DIM, A PINIV(. 4'1 7157 a AIMIINISTR %II0N A FI% %%('I 4717358 • PI III H %ORAS 4'3 7159 ASSI MM. - You may be aware the Ht---nepin County Park Reserve: District has authorized its staff i negotiate an option for purchase on the property. This option would cover until the end of the next legislative session. To date it is my understanding that this offer, which was tendered the middle of August, has had no response. I hope you find this information helpful and we will attempt to keep you abreast of significant events as they occur. Should you have any further questions, please feel free to contact me. bk i ely, �*[�hardson City A: inistrator ArItef—UL♦1LC 1.k2—'.d • — I -A�. DATE: August 8, 1985 TO: Orono City Council FROM: Chief Mel Kilbo �UB.7ECT: Pol.ict.. Tnterr 'equest (;OUN IL PEETAV SEP 91985 CITY OF OR040 This department has a request from one of our reserve officers for a police department internship during the period of September 1, 1985 to December 1, 1985. Mr. John (Jay) Hamilton 3227 Casco Casco Circle Wayzata, Minnesota 55391 He is presently a member of our police reserve and is currently a student in law enforcement. He is required as a part of his studies, to do an internship with a police department. He would like to do his with the Orono Police Department. This request would involve no pay to Mr. Hamilton and would not create a position now or at the end of the internship. I would request permission to he-e Mr. Hamilton serve as a police intern. TO: .Mayor ar -1 ^i ty Council FROM: Mark Hernhardson, City Administrat,. $� Forwarded recommending approval. �tJilii';i�. �iC .:.►..� r P TO- Mayor and City Council 1� ' ORONO F�•OM: Mark Bern, tason, City Administrator�'� "�� �� DATE: September 3, 1985 SUBJECT: (ity Umbrella Insurance This is to advise you that the C.ity's umbrella liability _arrier Integrity Insurance Company has cancelled Orono's y5,000,000 umbrella effective September 13, 1985. They have done this with other communities in the metro area, we do not feel that ill - specifically an Orono problem. We have had our Agent of R.:r Dewey Carlson, exploring other umbrella markets, t, tether working with the League of Minnesota Cities to s if w,: increase our general iiaLility covetige. It i> antic t?a,ed tnnL. the end result wi11 be that we w:': have to in the fo11owing: - Increase our general li;} 'ity limit from $600,000 to a million. - Be able to obtain ,n e1 ver that ge-----•.1 liability for an additional mill - Separate out from the genetai ability umbrella coverage, the liquo- itnre and c'ut--.ouse and that those will have a separa' No -.,'-ion is required or r, is t-me, however we will attempt to bring this ba �i�:y on the 23rd, hopefully for a.tion on these poli gin. i. 3F-rind yov turther ., I .. 1:1_r comments pie a feel free TO: Mayor and City Co- ,,.: i 1 $,; arid.: �. wMIN FROM: Mark aornhardson, City AaminiSLratowk z P 91985 DATE: Sepember 6, 1985 SUBJECT: Auction CITY OF ORONO The City auction was held Saturday, August 31, 1985. Before expenses such as advertising .and other expenses the total sales was $544. Expenses are approximately $210 which leaves a ne' profit of $330. I iNG TO: M. yor and C i.ty Council Sty 91935 FROM: Mark Bernhard n, City Administrate 6 Y OF vRUNO DATE: September 3, 1985 SUBJECT: 1950 Shoreline Drive In review of our our assessment records preparing to send the records to the ►unty for the Crystal Bay assessment it was realized that t;.: forma; resolution for 1950 Shoreline Drive, four (4) units nad nol: en passed. It is recommended that you adopt the attached re-.olution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DETERMINING THAT 4 SANITARY SEWER SERVICES WILL BE PROVIDED TO THE PROPERTY AT 1959 SHORELINE DRIVE 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 ar,�3, within which 1950 Shoreline Drive is located; _ind WHEREAS, 1950 Shoreline Drive consists of a parcel in single separate ownership known as P.I.D. 10-117-13 42 0012, legally described as: Lots 22 and 23, Ora Park on Lake Minnetonka, and that part of Lake Street lying between the extensions of the side lines of said lots and between the front line of said lots and the Northwesterly line of the right-of-way of County Road No. 7 (County Road 15); (hereinafter "the property"); and WHEREAS, the property ig zoned LR-lA, Single Family Lakeshor, `,�ssidential 2-acre unsewered; and WHERRASt the property contains a structure currently used as a duplex, and contains 2 cabins which currently are rt nti.,d out, for a total of 4 existing dwelling uses on the property; and WHEREAS, the property contains approximately 14,000 square feet in area or approximately 0.32 acres; and PagQ 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the 4 dwelling use of the property is considered a non -conforming use, which use has continued without interruption since prior to January 1, 1975. THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota, that the property at 1950 Snoreline Drive shall be assessed 4 sewer units to serve the existing units of the property. FURTHER BE IT RESOLVED, that the current and potential future owners of the property are placed on notice that the granting of 4 sewer units does nc;t in and of itself grant a conditional use permit or variance for the nonconforming use on this property. Application, review, ,nd approval are necessary in order for such to be granted. Adopted by the City Council of Orono, Minnesota on this 9th day of September, 1985. Mary E3utler,lMayor A'r'rEST: Dorothy M. Halli , City Clerk _ Page 2 of V UU19 ills Klt' k f ING S t' 91935 TO: Mayor and City Council Iff OF ORONO FROM: Mark Bernhardson, City Administratowil DATE: September 5, 1985 SUBJECT: F.W.B.I. Assessment Hearing As you will recall at the last meeting it was indicated that there was an intent to assess F.W.B.I. for approximately $48,000 worth of assessments for the lift station #7 forcemain. We have attempted to contact F.W.B.I. regarding this matter, however the person that deals with this is out of town and we hope to speak to him the week of September 9th. RECOMMEgDATION It is recommended that the Council order a public ho_aring on the matter of the F.W.B.I. assessment hearing for the lift station #7 forcemain be set for October 28, 1985, at 7:00 p.m. We will then publish the appropriate notices and be in contact with the F.W.B.I. regarding this matter. Should you have any further questions or comments, please feel free to contact me. To: Orono Council Members '►� i i1krJ From: Mark E. Bernhardson, City Administratowk-11- 5 Date: September 5, 1985 Subject: Hazardous Building Action The following properties have had notification served on the owners that hazardous buildings exist: 1. 3905 North Shore Drive - Dale Berquist Notified: February 15, 1985 - No action taken 2. 3598 North Shore Drive - Leslie Labresh Notified: June 24, 1985 - No action taken 3. 3445 Cryztal Bay Road - Gloria McDonald Notified: Tune 24, 1985 - No action taken 4. 3401 Eastlake Street - Ida E. Bell Notified: June 24, 1985 - No action taken Staff has received a number of calls on the properties complaining of the! hazards. Therefore, it is in the City's best interest to act or. these matters through proper legal action. This action 9s recorded with the court and allows the iroperty owner 20 days to contest the action with the court. If u response the City may request the court for enforcement of the order - either fix up or remove. RECU"-':LNDATION: Staff recommends approval of the attached resolutions to commende hazardous building proceedures. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATENENT OF HAZARDOUS BUILDING ACTION AT 3905 NORTH SHORE DRIVE WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Mrs. Dale F. Berquist, 3895 North Shore Dr., Wayzata, Minnesota, is the fee owner of record of property located at 3905 North Shore Drive, Minnesota, herein referred to as the Property, and legally described as follows: That Part of Government Lot 2 described as beginning at a point on North line thereof distance 1231.75 feet west of the meander corner of said North line thence West 47 feet thence South at right angles distance 148.5 feet thence East at right -Angles 47 feet thence North beginning except road. WHEREAS, the City Coin-i 1 of the City of Orono, having duly considered the matter pursuant yinnesota Statutes Sec*:ons 4t,.;.15 to 463.261, hereby finds thaw '%he above described property is unhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Roof Caved in. 2. Building open tr blic. 3. Building has been damaged by fire. 4. Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. 5. Orders to remove the structure were issued by the Building Of f icial on February 15, 1.985. These orders have not been complied with. Page 1 of 2 RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to the foregoing f indings and in accordance with Minnesote Statutes Sections 463.15 to 463.261 hereby orders the owner (s) of the property to raze and remove the structure on the property The Council further orders that all personal property fixtures that may unreasonably interfere with the razing be removed within twenty (20) days of the service of this order or the City of Orono may remove and sell such personal property or fixtures at a public auction in accordance with the law. 2. The City Council the City of Orono further orders that unless this correcti%., _tion is takc:i or an answer is served upon the City of Orono and f iled in the Of f ice of the Clerk of District Court of Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made at District Court of Hennepin County. 3. That the City Council of the City of Orono further orders that if the City is compelled to take corrective action herein all necessary costs expended by the City will be assessed against the real estate concern -!d anu collected in accordance with Minnesota Statute, Section 463.22. 4. That the City Council of the city of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary ,o comply with this Order and to assess the cost thereof against the real estate described above for collection along with taxes, Adopted by the City Counci 1 of the City of Orono, Minnesota, this 9ih diy of September, 1985. APPROVED: Mary C. Butler, Mayor ATTEST: Dorothy M. Nal lin, City C'lElrk City of 011o.-INO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT ON HAZARDOUS BUILDING ACTION AT 3598 NORTH SHORE DRIVE WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Leslie Labresh, 4575 Wayzata Blvd., Maple Plain, Minnesota, is the fee owner of record of property located at 3598 North Shore Drive, Orono, Minnesota, herein referred to as the Property, and legally described as follows: That Part lying Northwesterly of County Road, Baldur Park. WHEREAS, the City Council of the City of Orono, i,-ving duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the aL-ove described property is unhabitable and containf; unsanitary and hazardous conditions which constitute a pubiic i..aiszi.ice and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Masonry foundation failing - crack with 1/2" to openings. 2. Wall on east side leaning - top out 6" approximately. 3. Wood rotting throug' ',wilding. 4. Stairs to basemen.. strutturaly unsafe. 5. Exterior wood siding weathered - no protection. 6. Roof ppears to be in*poo:: condition. 7. Bui.Luing is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code,'Uniform Building Code, Section 203. 8. Orders to removed the structure were issued by the Building Official on June 24, 1985. These orders have not been complied with. Page 1. of 2 City of OR()NO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, HE IT RESOLVED as follows: 1. That is City Council of the City of Orono, pursuant to the fore,. indings and in accordance with Minnesota Statutes F t.i.,. 463.15 to 463.261 hereby orders the owner (s) of the p. )perty to raze and remove the struct::re on the property. The Council further orders that all personal property or Iixtures that may unreasonably interfere with the razing be removed within twenty (20) days of the service of this order or the City of Orono may remove and sell such personal proper cy or fixtures at a public auction in accordance with the law. 2. The pity Council of the City of Orono further orders that unless this corrective action is taken or an answer is served upon the City of Orono and f i led in the Of f ice cf the Clerk of District Court of Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made at District Court of Hennepin County. 3. That the City Council of the City of Orono further orders that if the City is compelled to take corrective action herein all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statute, Sectia 03.22. 4. That the C;ty Council of t,ic City of Orono hereby authorizes and directs the k—yor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers a-s are necess-iry to comply with this Order and to assess 'Lhc cost thereof against the real estate described above for collection with taxes. Adopted by t!�L: City Council of the City of. Orono, Mir.nc:sotc.., this day of 1985. APPROVED: Mary C. But 1,-, Mayor ATTEST: Dc. -,thy M. hallin, city Clerk Page 2 of City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OP HAZARDOUS BUILDING ACTION AT 3445 (.,YSTAL BAY ROAD WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; a — VHERBAS, Gloria McDonald, 3445 Crystal Bay Road, Wa *a, Minnesotp, is the fee owner of record of property located a 45 Crystal Bay Road, Orono, Minnesota, h. -ein it -'erred to aF, the Property, and legally described as follows: T'iat Part of Lot 4 lyi Sou,,,, of Roari and Northerly of a ie running from a opint on We ;:.j.-rly line thereof distance 113 5/10 feet Northerly of Southwest corner thereof to a point on Easterly line thereof distance 83 feet Northerly of .outheast corner cherecf, Wiley's Park Lake Minneto, WH81MIS, the C1 .I C wc::'. of the City of Oron , having duly considered the matter pure aaL.to Minnesota Statutes Stctions 463.:5 to 463.261, heieby finds that the vacant building on South side of property is unhabi' able and co., -sins uns:,ni tart' and hazardous conditions which c�nb*:-itute a public nu=bance and which makes this property hazardous to the ; ! is health, safety and wp '-re based on the following findings: 1.Roof leaks. 2.Interior has been damaged by water (ro'.., etc 3."-cterior walls - wood rot+ �n at bottom. 4.Is not hookco- to C1 v sewn -. 5.Is full is and store, ?.!: :ir.a w):: ch have ' en damaged 1~y water - fi-e haz;^rd exists. 6.Buil:ling is in a state of deterloration and .i lapidation, thus it is a safety anti !- 31th hazard pL—suant to Minnesota State building Cod,/Un., orm Building Code, Section 203. 7.Orderr to removed the -.tru-tur(:r were i i by the Building Of f i.: a l on June 24, 19b5. Thcse have not been complAed with. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, RE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(a) of the property to raze and remove the structure on the property. The Council further orders that all personal property or fixtures that may unreasonably interfere with the razing be removed within twenty (20) days of the service of this order or the City of Orono may remove and sell such personal property or fixtures at a public auction in accordance with the law. 2. The City Council of the City of Orono further orders that unless this corrective action is taken or an answer is served upon the City of Orono and filed in the Office of the Clerk of District Court of Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made at District Court of Hennepin County. 3. That the City Council of the City of Orono further orders that if the City is compelled to take corrective action herein all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statute, Section 463.22. 4. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this Order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this day of , 1965. APPROVEDt Mary C. Butler, Mayor ATTEST: Dorothy M. Ha in, City Clerk Page I of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO, A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 3401 EAST LUZ STREET WENAI&AS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Ida Bell, 2609 Dupont i+ve. S., Minneapolis, Minnesota 55408, is the fee owner of record of property located at 3401 East Lake Street, Orono, Minnesota, herein referred to as the Property, and legally described as follows: Bayside Addition to Lake, that Part lying East of the West 150 feet. WHEREAS, :. City Council of the City of Orono, having duly considered tt.e matt.: pursuant to Minnesota Statutes Sections r63— 5 to 463.261, hereby finds that the above described prope:.`., is unhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Floor rotten - will not support human weight. 2. Roof weakened by dry rot and leaks. 3. Plumbing, no septic or sewer system. 4. Interior walls deteriorated from leaking roof. 5. Exterior walls rotten at bottom. 6. Building is ins state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. ? Orders to removed the structure were issued by the Bu; lding Official on June 24, 1985. These orders have not been complied with. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. MOM, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to the £oregoingfindings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to raze and remove the structure on the property. The Council further orders that all personal property or fixtures that may unreasonably interfere with the razing be removed within twenty (20) days of the service of this order or the City of Orono may remove and sell such personal property or fixtures at a public auction in accordance with the law. 2. The City Council of the City of Orono further orders that unless this corrective action is taken or an answer is served upon the City of Orono and filed in the Office of the Clerk of District Court of Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made at District Court of Hennepin County. 3. That the City Council of the City of Orono further orders that if the City is compelled to take corrective action herein all necessary costs expended by the City will be assessed against the real estate concerned and Collected in accordance with Minnesota Statute, Section 463.22. 4. That the City Council of the City of Orono hereby authorizes and direct& the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this Order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this day of , 1985. APPROVED: Mary C. Butler, Mayor ATTEST: Dorothy M. Hal in, City Clcrk Page 2 , f Wbn' - caltrlNG SEP 9 085 TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director CITY OF ORUNO UATK: September 6, 1985 SUBJKCT: Refund of Overpayments on Final Sewer and Water Utility Bills At the time a final utility billing is requested on property changing ownership or occupancy the City provides an estimated final bill. When the computer later generates the actual final bill there are sometimes differences with the estimated bill. We have at this time two accounts that were overpaid by more than $5.00 each on the final bills. It is requested that the City Council approve the refund of these amounts as follows: To Schlee Builders for 3640 Livingston Avenue $8.54 To Hussman Investments for 3685 Lyric Avenue $17.70 TO: Mayor and City =ouncil FROM: Mark Bernhardson, City Administrato Forwarded recommending approval. "3 0 Gtlhu tItETING TO: Mayor and City Council ��c� 1�c}� SEP 91985 FROM: Mark Bernhardson, City Administratoi" � CITY OF ORONO DATE: September 5, 1985 SUBJECT: Administrator's Information SMITH - POWERS SEWER Mr. Carl Widmer has been doing the construction on the project this week and it is anticipated that construction of the matter will be completed, barring unforseen weather problems, by the Council meeting. This should conclude the City's concern in this problem. BOHN'S POINT/PARADE OF HOMES The City held a meeting with the neighborhood on Wednesday, August 29, 1985, to explain the provisions that were being made to limit the public safety and welfare concerns for the area. Additionally at the meeting the neighborhood discussed the use of the circle for parking. The neighborhood was then supposed to meet on Saturday to discuss some problems with mi. Krutzig, who has indicated a willingness to look at shuttle service for the heavy Saturday -Sunday business. The City will be ready to go with this arrangement this Sunday and if you are interested or if we encounter significant problems Sunday we'll let you know Monday night. Additionally we will be getting together with the neighbors Tuesday, September 19, 1985, to discuss the first Sundays activities. TEMPORARY OFFICER Mr. Robert Fischer, Hennepin County Sheriff's Office commenced work as an Orono Police Officer on September 3, 1985. As you may recall Mr. Fischer had been an Orono Officer approximately 4 years ago and is fitting beck into place very well. 138 CYGNET PLACE The pro -trial that had originally been scheduled for Tuesday, September 3, 1985, was postponed for two weeks, until September 17, 1985. Negotiations regarding settlement may be considered at the pre-trial and we have discussed with our attorney the conditions for any possible settlement. It there is no settlement the matter will probably go to Court in November, 19 . 2695 CASCO POINT ROAD As you are aware last time we passed a resolution that the City, after tendering notice, van go in and assess the property to secure it. We have given notice and if nothing is done this week we'll be working with a contractor to do the necessary securing to the building. There has been an indication that construction wi 1 again start on the building, however we have seen no work ro date. SCHLEE DEVELOPMENT As noted in the attached letter there have been some concerns regarding the Schlee Development. In addition to the items cited to Mr. E11, who is a property owner there, there have been problems with drainage into the garage of one of the people with which we do not regulate by Code at th's time. The second item is a pygmy goat, and we have sent our enforcement people out to look, but have not been able to find anything to date. We are advising the residents that they may have to sign a citizens complaint in order to get the necessary violation citation accomplished. Mr. Jerry Ell, the addressee of the letter attached, will possibly be present at the meeting to discuss his concerns with the Council. He feels that the City should get involved at this point because he feels that the developer is on the verge of bankruptcy and has not performed in the manner to which he has indicated. We have at this point, as outlined in the letter, stated it is a civil matter and should be thus handled. Regarding the developers possible violation of t,., Developer's Agreement we feel it more purdent to wait for our remedies under the letter of credit than to get involved in a civil lawsuit at this point. Mr. El I has also indicated that he may be possibly in contact with selected media representatives to see if they can help him resolve his problem. MINNETONKA GUN CLUE As you may be aware, since at least 1975, the Orono Police Department has been a member of the Minnetonka Gun Club and has used that facility for fireat.as practice. This not only includes use of hand guns but has also includes use of semi -automatic rifles etc. Following r,n Orono controlled exercise there, the beginning of August, a. complaint was made by the camp abutting the Club to the Citl of Minnetrista, in which the gun club is located. Chief Kilbo was in attendance at the Minnetrista Planning Commission meeting regarding the conditional use permit for the Gun Club and presented facts regarding no's use of that facility. It is presently Orono's position t: I are only there to present the facts as we see them and .aking no position as to whether toat activity should be allow at the Gun Club or whether the Gun Club should oe al lowed to operate. If it is the City of Minnetrista's desire that we not undertake the kind of activities that we have at that facility, we will find another facility to undertake the needed training that our Police Officers need. CRYSTAL BAY SEWER PROJECT The City Attorney has submitted a brief in support of consolidation of appeals to Judge Kantorowicz, Chief District Judge. As you may be aware the Judge is is currently ill in a hospital in Scotland so a decision will probably be delayed. Additionally we have been seeking other appraiser's quotations to do the properties. The project progress has been impeded by the August rains, but about 60% of the pipe has been laid. (:ITT for ORONO ,j 1'0,.1 Ulficc ana eb•C,yxlul Iwy. M'.. . y. 441ZI•M...""l orr. fi .���;e •� On the Nwth Shore of Lake Minneeo,lka September 3, 1985 Mr. Jerry Ell 3606 Livingston Avenue Wayzata, MN 55391 Dear Mr. Ell, In response to the questions you raised regarding the Schlee Development the following information is provided. 1. Special Assessments - In review of the Developer's Agree- ment, it requires that the developer pay on a certain schedule together with the fart that any time a property is sold it is supposed to be paid at that time. To the extent that Schlee Development has sold a property without payment of the specials at time of sale they are in violation of the Developer's Agreement. In review of the letter of credit however, the payment on sale is not provided for but a different semi-annual payment schedule against which the City can draw is provided. In reviewing the schedule, to date, payments have been made on time. To the extent that such payments are not appropriately forthcoming we will take necessary action. As I had previously indicated the letter of credit is sufficient to cover the special assessments for the public improvements put in by the City. 2. Private Improvements - Those improvements are basically a civil matter between you and the developer and should be handled civilly with utilization of your attorney. The City has no security for such private improvements. Additionally it is the City's position that it has no obligation regarding installation or non -installation of such private improvements. The document you referenced, which you felt may indicate some City obligation, is a document as to the covenants, conditions and restrictions related to the property. These were signed by Orono's Mayor at the time, giving Orono's consent to those. Such a consent dozes not constitute any warranty, guarantee or other obligation on the part of the City of Orono. Additionally in our review of that document there is no reference to any private improve- ments for the development. 41'I1. III%(,&PAMI. \IWINxra\la,\a I'll 4111154 • H W a Mlalx\ 41, 114, ♦MI \N\I. 3. Building Code Violatio.,; - Our Building Inspector. is currently working on the skylight. It is our present understanding that the skylight was installed in accordance with the ICBO recommended installation. Should this installation not perform correctly we will be contacting ICBO to review their research regarding any changes related to the installation. 4. Park - The City is communicating presently with the Developer and anticipates the park to be finished this fall. 5. Allegations of Fraud - At present it is the City's position that there is not necessarily criminal fraud involved in the matter and that your remedies are appropriately sought thrcugh the Civil Courts in order to recover any money that you feel you have coming. Should research indicate that criminal fraud may have occured, please have your attorney send a letter to our prosecuting attorney outlining the circumstances. The prosecutor can then review the matter to see if criminal action is appropriate. Even if prosecution is undertaken and is successful it may only result in possibly a fine against the builder and not result in any monitary gain or compensation for the alleged victims. Should you have any further questions or comments, please feel free to contact me. To the extent that you feel that the City has some liability in the matter, you will need to submit a notice of claim against the City, which will then be turned over to our insurance company for review to determine if the City has any liability in the matter. Sincere , k h rdson Ciey cc: Tom Radio, City Attorney Scott Richter, Prosecuting Attorney Jeanne Mabusth, Zoning Administrator John Gerhardson, Public Works Coordinator 31 Loom,,,ti mWING SEP 91*5 LIST OF LICENSES FOR COUNCIL APPROVAL Cv" of alto" FOR MEETING OF September 9, 1985 Art Center of Minnesota - One day set-up permit Smith Days, September 6 and 7, 1985 (This is the 3rd one day permit issued in 1985) ONE DAY SETUP PERMIT SEPTEMBER 6 and 7, 1985 v. cwnr„n n..man « 'w •r. � as«r uaeu,ry rsuoo 400 c.d., c.r..' STATE OF MINNESOTA $1. I.e. Prim, .... 1. asm. Iatrl saaascs DEPARTMENT OF PUBLIC SAFETY APPLICATION FOR PERMIT TO ONLY ALLOW CONSUMPTION Be DISPLAY OF INTOXICATING LIOU' (That Application Shall Be Typewritten ..it Submitted So6u. June tit of each Year) In in.wering the following questions "APPLICANT" dean be governed at lolluws'. For a Partnership. one of the partners $hall execute else, application for all members of the pannenhip. For a Corporation, one officer shall execute this application for all officers, directors. and ,tockholders. Foe a Club, one of the club officers shill execute Ill., application for sit the members, It additional space is inquired, .10 a separate Sheet of paper, indicating by number the qu0nion answered. IFEE FOR PERMIT —> 400570g) $25.00 EVERY OUESTION MUST BE ANSWERED Karla MCGray as Executive Director 1. 1, r M.•w. ar n.•un •.,a.rq .e,NMunnt rinaw.u.l .wnM. Nnn.r, an,.n, .rue anrtol for and in behalf of The Art Center of Minnesota IMp.rr, µwp as n ^. al tYN•.risn, M ..,we as sWal hereby apply for a permit allowing consumption andr display of intoxicaring liquor to be located 2240 North 9t}ore Drive , Municipality of Orono I eve ..wwm n.a rue.. nuM..l Post Office of Wayzataa , County of Hennepin _ If ww.nM W {w•awl State of Minnesota, in accordance with the provisions of M.S. 340.119. 2. Will business be operated as a private club or public place Public place 3. State type of business Visual and Perfortaing Arts Education 4. FOR A PUBLIC BUSINESS! If a partnership, slate name and address of each member of partnership, a corporation, state name and address of officers and directors. Katherine W. Harde Susan Enriqht, First Vice President uv. n.l Marilyn Annin. 17945 Breezy Point Road, Wayzata uue,...1 3700 Bayside Road, Long Lake l.aa,-tl 20885 Radisscre Inn Rd., Excelsior, 5. FOR A PRIVATE CLUB: Data club was organized is club incorporated _— _ number of moo hen __ , length of time in present location , is club building ov.nW rcn let$ what is the membership due what are the requ.,cmrna ' membership Does club maintain lockers to be used by mem1mrs for storing intoxicating liquor Napees of officers spd/a dhecims of the club: INemel IN*. I N,mel IAtl.beul IAtltl.e1J IAUtl-lvd INamel Intltlnul Enclose with this application a copy of the Constitution and By•Laws of the club and current list of bo, fide members. 6. if applicant or any partner, corporation officer or director, club officer or director, is not a citizen of t; United Slates, list such non citizens 7. State name of person who will operate or manage business: Karla McGray 2316 Oliver Av S, Mpls. 55405 INemN IAtlmod B. On what fluor Is the establishment located, or to be located 9. Now are the premises classified under the zoning drdinance App,nved Inr V.nlnnons by Main Residential DO NOT USE Check Cain _ R,.r •,1 I�� r'..� 10. Stale name and address of owner or owners of building wherein the busness will be located NA II»x..m -- —� Innroml 11. Has applicant; if partornhip, any partner; if corporation, any officer or director; it club• any club otti".r or director, aver had a license under the Minnesota Liquor Control Act revoked or suspended ur bern eonvirled lot any y' llmlon of State Law' or local ordinances; it so, give date and details 12. Is applicant; it partnership, any partner; if curporatiun, any effect. or director; if club, any club ufbn•r or dirty us, a mernber of the gwern� body of the municipality or county in which this permit is to !»r issued; If so, in what capacity 13. Hrls applicant; it partnrrshift, any partner; if corporation, any officer or director; if club. any nub officer of dirmtor, any interest whalsorwer, directly or indirectly, in any liquor establishment in the Slur of Mirnlesota _ No . Give name and address of such estahlish,nent 14. Furnish the name and address of at least therIt. business references, including one bank reference: Wayza..a Bank 6 Trust 900 Bast Wayzata Blvd, Wayzata IN., Innn,xlr The Arteer 413 Cedar Ave Mpls. I».—ann,xa Minnesota Clay 8001 Grand AV 5, Bloomingtcn INo,r1 Innamt 15. Will intoxicating liquor be :old on the premises Na 16. (n) State whether application is! 1. Or;ginal % 2. Renewal 3. Transfer _ lb) State whether dancing will be permitted on the premises No 17. Are the premises now occupied, or to be occupied, entirely separate and exclusive from any odxr business establishment Yes 18. State trade name to be used Art Center of Minnesota 19. State whether an "Om Sale" of "Off Sale" No" lntoxicatog Malt Beverage License has or will be granted in conjunction to this business and for the same premises N _ 20, Has :hare been issued, or will there tee issueJ, a 504.00 Federal Retail Liquor Otaler's Special Tax St.unp fair the side of liquor on then^ ptamrscs . v.. 21. Ha: your Ic"I r1;:vcuunrut car. ordinance regu:.jonq the ronstimptinn and deplay of intoxieat.nq hrlltur 22. it rgrer»Ifnq un-.fee >on.na ordinance how Is locauas of Inn4ang elessdied Residential I la..l•y, randy 'I'm 1 Ise... f••wd and un.L•. slulA a.." queue.. in ,I.., appbcaean, mrA Illal ch. am+ar, , 11.1 of my e..n bv..be«. 1 Imlh., unLb:,nna 11.31 11.6 Q.".n of fAlc. inlalmahen in title algrliCahiau. a1 ch, lad...a to ►we pe,bnanl u,- . 'A COMM..., cc.,* IM IM Immelba,e nrncabm...f If.r, p,m,t. IT IS Fumtitn UNDERSTOOrl TIIAT ANV pERn11T ISSUED 11EREL .A DOES NOT ALLOYS 701 SALE Or INTOXICATING LIOUOII. Enclosed Is payment of a100.00 payable to the Liquw Clinical Oirmlor as wo.ioM N M.S. 1017. S.elton 31.0.119. NO CONSIDERATION WILL. H GIVEN TO The'Art Center of Minnesota THIS APPLICATION UNLESS APPROVED AS INama of Enael..fim.nu HEREINAFTER PROVIDED: 11 applicant is located in the County, the Chairman 1 of the Board of County Commissioners or his Representative shall approve both copies of the Surbsc�rl7 If and of application. 1 tdf� !Crop m�q no.... of CnonIt, cnunr...,.•u.aH nr I.,. flat, .. w.......... If applicant is located in a Municipality, the President of the Council or his Representative shall approve both copies of this application. I I f . to l7eforer t� ibis day (NelO. ilf.aucl My Commission expiresr 9/ u 11•rH.A.nI n1 th. Leon•d a. h.. 11...unnr.l.,..a) o-�a CITY r A Y 1 1 SePfern�ae ei.ur,/ V_T.,.. . . .. � _ . . EHP L,,%ai V."'� ):V G113o ;R)Sr 4Vr7ALL)A A).MS it 112.i.JJ ' SLTLEF MC 11 2475.70 2TS.'J. FRAuK T 11 1!8^."ETING ^ 2�jpl;lit�!*to G^A8EK J 11 198C.JO 2rJ_,'_0 HAAREFEL J 11 66r.92 220.Jg1Ep 91985 count �_„"^ •.1S ITV OF ORfi1�0 pAtn 7C)OS TOTAL JU JEW TOTAL TOTAL F.CA TAY •ii0f r4r1,11VERS FICA' A = GQJUP H'ALtm 8 = PHYSICkkNli H:ALTH PLAY C = 9LU: J�JSVv6JF SHICLO 0 = MFU 'CAL C=4Trt PLAN E = PRUJEATIAL F = CJ:IC. IrALTA CACp v:V'.E:)TA im) H = ImANS-AnE�ICA ^CC. I 94NvE", LI=5 J = Mu% At ;E?V:C"4 K z MUTGAL )F ?MAMA L = tu°L^TE-'S MENC'iT No A;T ,A N = A:C •:LLLT _,%L v 2 = uCo-LT^ C 41;tiT ACCT. M. l`.1\i HCFP ^lilt cJp pier =40L.e CITY OF DpOND Pi/O ff 0 ERPL-NO NAME PAr OI9 GIISS 3R3S: EXP/A.L ANDERSON BL 31 ?4119.13 1152.i2 RENSO4 JR 12 79753.ZS ).)^ BE Niw RO SJ HE 12 14146.26 157?.32 BORZIEN SA 31 11159.76 586.10 FIR INER CA 90 168.00 ).)) BRINKHAUS JF t2 22131.25 1128.BS BURMASTER JO 51 21899.43 1?79.65 CARLSON NJ 92 194AA.86 1378.38 CHECK JM 73 130.35 ).)) CHESYICK iR 51 ?17D9.66 1136.t0 E04JNDS p ?I. 318.75 J.') EHRENBERG OL 93 9089.99 53308 ENGLISH 3I IH 31 11SO595F 915.93 ERICKS01 DJ AS 1809050 117.50 ERICKSON KR 51 Z5379.86 115?.52 FRITZLBR JN 51 25465.66 1325.17 GAFFRON MP 53 16044*R8 1)34.64 GALLO OE 93 488.51 Sill GERHARDSON JR 62 24478.64 MS.54 GREGORr JD t2 17707.42 959.12 GRIFFISHS GE 31 11923.36 463.11 MALLIN in 12 I4700.26 817.52 HANSEN SC i? 16)69.96 36?.34 MANSING CJ 31 4449.41 ?5i.60 HENNING JP 9J 1S39.45 83.62 HIGJS PA 91 19552.49 588.51 JACOBS TJ SS 11610.72 1226.56 J9HNS pi 71 0.00 1.io) JOHNSON SP 31 21443.74 1152012 KILRO MH 51 26417.84 147).50 KIRNrCZUK R 51 23374.SS 1325.1! KLAERS AB 192.3O 192.)) KNUTSON CA 15 12416.34 692.24 KRIKNEL DL 75 C.^0 3.)^ KUEHN TM IS 23)75. 52 I?8t.?2 LATT IS JC 15 14691.59 R17.K2 MABUSTH JA 53 21942*38 1221.60 MANUEL :M 9; 4126.68 155.R) NCGONAM LR /? Ii885.88 1)51.52 ROR)YCITMS J 51 ?2729.31 115?.32 MROSS FT 61 IAJ02.5A 74104 NAAR TL 12 1J9D1.98 552.'5 OAS 30 73 512.10 1"031 OMAN LE SS 1120800 624010 PAL•F.R P8 31 427.23 ).') or4q SON SC 31 ?3171.10 1565.52 P+"T EHSO.6 pL 12 1148.18 14105 PETERSON RN 03 FFI.30 IS4_030 PR090 eJ 12 31R7.5t 31[.2A GUAiT JA 92 16/59.97 R13.t2 ROrCRAFT jr /3 i.)) 3*1) CITY OF ORONO R A T ERPLa NO NAM. OIN GROSS SR)SS EMP/A.LO SASS JJ 42 16114*53 P61 of SELLNER CL P3 0073 )a)) SELSTAD ER 97 1000 )a)) SKREEN DS A2 15162*31 56505 SLTGO SR 93 1737a25 137a50 SMITH JR 92 1699705 9469!9 STE'FENHAS RE 93 17Z97a67 96304 STEVENS 46 95 2241a^2 Z14963 THIES OR 90 1844951 2899)0 TONCZYK MN 31 22)69a91 1152032 YOYTCKE SR 11 63025 3013 COJNT GRAND 419877.07 PAIO OCOSO TOTAL 370.62 TOTAL TOTA6 FICA TAR GROSS a 21997SaS3 TNRLOYERS Ft. A = GROUP HEALTH 8 a PHYSICIANOS H:ILLTH PLAN C = BLUE CR)SS/SLJE SHIELD D = MEOICAL CENTEI PLAN E a PRUDENTIAL F = COORD= HEALTH CARE G = HINNESOTA 141 H = TRANS-ARERICA !:Co I = BANKERS LlvS J = MUTUAL SERNTC:S K = MUTUAL )F )NAHA L a EMPI DY-E OS BENEFIT M a AETNA N a NICOLLET EITEL 0 a LEAGUE IF :TTTES 7 = HEALTH CAP_ V INT ACCT. MISSIN6 MOS' C))E FOR SIRE TR�L'S t11.1 r/')/r5 t)1 n. .v/•)I•s blot: v/'9I IS t)CI• JV/q Il) 257. ` :9y5I15 t>L 1• 2lZJl 19IF)/C5 N/^)/ry ' r•u• btJP z AiJ / to .• -.I >•+1 a l he 5I .vlb nt ht. Ip )r •5 � uu••15, l •t Ii •Iili R• -'.T LL:S •1.{;4]-:i{. 1: 11.-5 t-.•5 {TIT 'VI1 ;T1T•. 'Ii --T 'IF •.,- :.TAT :•It )vir-I ••T ]IF Ic1:c :1.1142-u99-1a 11.`• trlr :•Fn 51STc. ,IF Lll:[ `1.4 Sr0-I H.31 ++.•i 'IF' SI,T`- :IF LG4:1 t 1.It 14T AT&T 'IF' SI,T•. -7 •.,T 9FF CGLI1 .1-4140-249-41 541-249-42 1.'2 AT&T ton ;Tir•v +^.r 91f EGUI 72-43M-549.]t l tar :4F) it ill'V ++1 rH <OLIT LV 73-430-5e9-V? 0).51 • ••-Ctll 51.53 FLL L'4V 7,LCTFIC +'.i vi SC r9UIn .1-4342-249-42 ALL e•1I I.E..TALC •ST 1L0{/9PrC 't-4341-129-11 751.2• ILL ^•L1 : CCNJ: I'? PVS/FLT 77-4343-S49-s1 71t. +!• ILt 1•F5 ._C.T.IC -':T .Nsl,,T )2-4315-590--41 Ist.!• I.L ^49 .LCCT11C .VT v4SIFLT 72-134S-590.93 ALL $T49 :LCCIFIC 39UIPIPTSIl3:Cr Ss 71-427b 599•YI u •.:11! t• t T I'V J 'CT•. L'P-14L 11-4123-519.91 F1 l T Af0 415T[P l,Lf0.14L 73'.4320.569-92 . CR1 te' •'x2.•` 1°: : Y• ] IS .L. CVC? 1• •. t2. •••-CR9 h.f) nr rL')r :1 tv ..^.L _to :F IV •[r5 C'se •1.4i :2-JU-l: ••rCRI 3 • 'r llY 'iIY •I4: •:r4I•JPL "t-111?-.19-1! 1'.' ^':JINV-1I'+•'n• a.. arcUtl. Cl•a 11:•H4. 11 ••r CR9 1 •e'e•'S LrI L Cat_e:q :Xr sr pt ,lF r+-423S-S4v-4: t d'6•`4 •.r CRf l^4.N CFFIT,L C:.l li.T .:,M .WCP )1.4I1I-S/S-VC a,It •••-Cl3 l.•: :'4^•Ir 5:'a tI :LM "9U:^Ir•v5C [: SS '+-a1t).:3V.li � aN1. •/ r/.. 5•' :"T .a F'N ..J'-/:'i. /. )1.4 N-1r,•1i [atL[ 1/')1.5 1T, `1 rra :pn 9l{:h9 C) �4! nSNI la-(C 1J-59p•V7 •r••.• .•r. CMS ♦ +/-s/•5 vt,"' ^ a a ,!a.fC. [_sq s4 \Pr 1.4JJ1-ta9.at Mill .1a5 -1.4?91-249-42 lt/i 10'S1-5 (' L^:/.r6 I-145a9-11 alt[/a v/")n5 OU:/:° Ct-434-12931 l>te •c •/')/•' \ • :Pry., \Pi T•-a1lt. S(9. 51 r61 .YP TJ--Sa9-91 ..I C'. 9L)6/Ai .5t /J-4541la1.569-v1 l ft N! it :V/:>/6S 4','a r a { •:Cs dcapsw air 17-4121->6v-92 18111 .v/'IAS ! • e I: C!: ITIL 111E 515 -ATSUP 13-4ls4.S6'.91 d lx l 1/'1rS S a,': ^. 4 l AL)9/91Y rht 11-434)-S99.91 t>il/• r/')n5 • .. { a a .. •.. v \.: 5) a -I /a.atl i-f94. i1 • ....•• ..—C95 • [1 r.l NCLL1!VC I'S C1.1 -I1/. b[1/1 14 )W 1a.I4 LT, -L. 1.41Si-It9-II •• [ Sid h 1 ., 5U` 41r:9C &Lt- -MN1 9- 11 11- 11-1 AS.,) CiCVP L.,l !k! l 3, 11110 1.16'- 9l Cy .At I- A V. OZ. 91 Ne.1 • 1511/I v/ ./•4 'I.I4 .L•- n. It to :5; 'LN H-.1i•11 bll/I _Y/911s e1,15 • l ^Tx -.aal. !a`_ Il in t>ll/r -v/"LN 51.11 C•1 -.LLU ra- ralt•I IL5 "LN st-I1%11 t>ll 11 9/")/as IN.'! 't- :LEI :\r_ w.aLTM !a! Ct-6951.1Ia-)1 !>7[II v/'>/I> I1•••• - ll N N'. + Ilwt 1V: •1-at 51-149-.1 • htt r• vl')H5 as ..t y. iU' La:_ +. aln •5! r>.ala.)a 9.Gt gtlll r/')/•: V•, 1 --)! +,altn C\.'. +"4Iw :.. 11-.IN-te V.N ♦ lsl ). 1 "•/ 5/an 1.1 r•• - -: hh 11 •ry J•- J:'t 9- .•-t 151-ul0-1♦ I ♦ •..••. ....0, aSO • .-I 5/'• 119.-6 -r14 C!> ,Ma :/[ C>" -,.1 •!X !µ!. '1-(141-1J9•SI ♦ "(1 .v/ )I•, I". 6 n:.h :T! '-CP✓r ),1 ":L 1.91, P.a 151-)10-Ip 5x ,la C Y'iY • -•I: ••; J'.l Y I^" • .L,V i• :J'. f:[]V 11 ,I• .'.Y• 1 °• • V Y_,:fi t )21s .,/�yn', ),,n :!•t a; M1 •:T C:wV :C-A •11T 1[ Y/tf 1ba1 N.03V-1? • CdS • 262363 .9/^S/Rl 336JI Jt'09S•MV NILiLA tM.6se1.n6-n 1l••3 . f .•••rr •••. CRI s 521M9 .p/-11It 4.13 R-AVLNTS tMO. wC tA]!.6 6FF -1..jjb 199.N f 4.11 •51f1n t9/5S/IS 12.43 RIL9I.9SU:N •)I)M FULLS 01-020-129-31 ZSZ160 apI•!Iy 6•07 R:L4'•NELVIN C:6FltC"CCLS ^I _61SM 129-S1 • 01.27 • ••••.• .•«CRS 151fY/ ,.Y/ ))\) •,53 6U M4-TN[wL3 2aL LC L••1L269E 'I-WI-059_Ij 4)t10 0/'1/aS 49.11 YVeNN-}N•wFi h6Ya-92LU CE "-4381_969•I1 • /5219/ „�/'}I•y 1.MN RJ•AY•T Y('wLf 1e1 YE L-R IL[l CF, R-4321-549-91 152191 .Y/-)/•) ).•1 RU•N'1-TN^ISS T46Y5L-RIL[66E /3-6161-569-92 • •..••. .9rCR3 • 1Si 1V9 ./-)/Y) 96• ^ LK:-•fw •4S +F0 L•tbltlll EN ^7-4311-129-11 iWiv. J/ )/Y5 III. 3 L-CI1•44 :Nf Autc IN 01-43/6.119•31 11• • ..•... .•.CR4 I 1)N • .+/'y let •75.') T••) LtrS• N IUzTITY :1-3/90-030-5: 2. N.• V/J/Y) 1.1 141 -l1[! n.T ,/wnl r1_L1a-J2o- 11 t)t• • .v/^S /.) 11.14 14t .-1 •• a.T ./aU�l t1_L 312.151•:) /Y/L1v :Y/'asRl f/.5• L+NO LI 1I'0 TIACT.1 t9YIF/•TSIACCCl• :1-ti 32-2L9-t2 Cf14.Y ,Y/_5/ry 3:.3• l-N9 IN f HU ••6ET'1 •9V:1/•164CCES: /Mti 12-S90-91 • 9.,.5 . • ...... ••«CIS IN.•'S V[MY Y:1 31.1 ALCM aWEY 74-r3y5-190-93 T.N ). YID/q .:. Y.%5 Y la: p;1- ]•Y Ta+I ..- •.N31Tl� :IJ 160-/vS-/1 Y•,I •, I..I .. .i ` ,uu• S 25249E •9/'S/.9 2524 ;9/"S/.5 1S24% LVI'S /C5 � LSt 49C V9/^f/45 is 1495 4911"Os • . •ou• b H:L -92-5/e: $5 M9 25 Le SV $10% .10 ':II.5/55 is,559 L5L95V :V/:5/1S 252SSY v/'S/CS L)2)99 •4/'f1.5 u•u• b[)a9 I1-111, Isis PC a9Po lN5 b Tl r• .9/:f/.• leis" 2•• h5z„ 91-5151.! . bell. '.1.1115 L)L)Il "/•'/YS •THY• v .:)•. ;R• /Ly LRa'•]N 1 .iv M3NY '.LSC9 •.S2 .f44L 4^,CN 12N.GJ •I NVC a[YCN 1 .:• rI•MS-iSCS 214.54 . r, ) k•: SG3:1 4SSN z. 10.•9 R1: ]:ST :] 19.19 . •6,. G 1.11 L1315.19 ry•a •.5! NC[ L 2Ii •']e Lip S. •.:e 66.15 R1h T•wL3L4h MILL e9.15 NIRTSYETT•A% MILL 7•,'0 •,+R TN.L Si! 44 NILL 12 , N.M.;ST-t4 a:LL .7LL e4.5e NlcT4.E31.4R Yr LL ef.59 1.14T4.ES1_Rh CLLL $9.11 N^-T..t;T'1% RILL 1I.]4 1 Q-.141.44 e•LL 99.9. YUTb:ST'l[ M"LL 'li.a4 % wTNEST v% C'LL 4 =T. II gT-A4 -ILL :1 -41 SUP UTILLTILS uTILITILS UTIL:TICS UTILITILS NieUN IFS •: W tr/T•TS/4CC. S. VTa:T14C UT:LITIIS UTIL!TtEl UTILi TILS W:e/PTw ACCi SC T:LLPNeht TRPPNOkC T' T'L'P+ON[ ••9,LeN5kf T:L'_Py%C T"LIPNeht •:LLPNJ%t TR LPNOh! TILZP TELPK%' :5r.if:: •R9 G•'9H5 .;.I a CMS :1-•23A LG 9-tt •[•-CRB `1-4 Sri-60h1 l •-4324-129-71 2e-4324-549-91 15.43M-560. V2 Ci-4151-126 31 1.-4252-S90-53 ;t-ua-uv-n C1-4324-24v-4I CT-4324-9 1 zt-4324-54540.91 r1-4324-Se9-YL 74•4124-S9C-'%' :l-4 2 12- )90.17 L Sf a•: rt-5 u5 t1.na 1.02 • • as L)VI .vb v b M." 2525o/ .v/'a ns 4,13 252591 .a/•5 n a L52591 .•/"a/15 1r'tlV.yp • 25L515,!5W a.e• 1,1111 111 25250I .V/ 5/•1 t15.Io • 1595V/ .r/ 1115 161.11 2325V/ -v/'a/H I'.45 tsb0/ .,0/'NH 11T.14 • Ltjfv • •... • 151. ! :vI^11•S t5.44 1 1, a5 • u.• IS715J -1111,85 a•• ] P 12112 5•.'3 • .•,..• t5 rall v/'a n' a"O.tJ 15tet1./,}/•> tt•.Oj Atoll v/•51.) It .Si 51.1 211.0 'v N),•$ tfl, vt • 1)2all ll'il-5 U')1•y to Wall 01 9.11f-ILF '.:L I •l{ It ip .12S H1.J51.1 :I11•1.a I ../" :.tfal-Ja1.1 :L.a1J 1.J0.11 D •Xa t'; 1 1.Y 1-a1N-111-I1 ••V r_t, /� 125 ;1-N11.1rM It I.1a •rr I'S V rll .. I1 r /z5 11-N{1. 24M1) 9f.41 N.tOt.a2 Or na -/ts I1-40a1-)l5-a^ It tz-411f.slo-al VCaa n . r v. N-411. 551. 01 5 4 v^4 to\I•I-Yry pJ 1;.v all 11.atil./21•f1 •.Liao( ;LNl1-HM11 OL . ^'S .t fe!GILVa!s ;LIItJ•Ia1. t! °rQIS J•:e R.fr ai 1 LUT, 'f. U 41. 24 V.{I f] °+•l L:'K . ,JV: Is •Wr..N H•4112.115.5: °,ftl'LN•. wC1U4 -.401 :1: ;1. 1.11.:•0.1. cl is CT a yi Nl at X'a L lw •,^ '1-N11-I11.11 •u1HC 14 1. NF as I- 'LA LI• :1.{i SI. pG A 15 "fir -rail NIq IN w'LLT- Iy' '1.1111-It1-i1 V•TS1CIAN. NL4•, n.a LT- '1.N51.12v. 11 0.15]":{A" •II IL I. w ALT- (\1 '1.41 It. 121. 11 •NrL i••.O1 u!aV• • tlt. :!•' •1.a1S1•tlL.l• •.T1lt:l%' wmI wt I!tu ;1' 'b a 111-2.16 41 P.M." w Nr µlw v aLl- :5• •LN51y✓y1 roil: ^Ia, N!al r. w att. -a• t1.1111.111.0C ..f:! rP,. N'lL ••' u_at'. 1,. I). al:b/a♦,1 • CIS It -It '1. f19..2 I•.••• .•.-CRS r srpH .ir>ns 43.13 rur:•:•1%; 0'l. 112 •1113/pt4:UC l: ^I-4E 40-1r9-11 e Sro1• 111" "% 4Is.-: p^pr1. M1:4 t I3;:C L:41L It fillE- el-43"1-t10.le 15201• .91^5 Is, 1.336.14 p^pMa. .q{ t lit rC C-JAT Opp cl-41C2.OS0.14 • /5251• .91 1145 .45.14 p^p M1r -1:. t tll:c L:Sq Ct1SULT 01.4303-J39-12 4S14iI L-I.Y 1'5 M.-4 -L-MA4 41:9 1 LSC.0 LLb1L CCNSULI 11.43,13-249.42 152e11 J9/'SIeY 11'.'. c,.c.e+ wear t _.. oc l 91L C•MSW 71.4103-640. 11 L.t 111.11 9/'1/•1 3:1.' I,:t.1+ MY.4 a L'oil CSNSULI 11-45^3-432.30 152.44 .91 t/.5 4021..' p;.{i+ M1;r t a LL+1L CO%SVL' 45-4333-432.Cc 241.55 .0141+'elfl 1 W,r LL:IL CONSUL' r2-43CS.1N.91 • 1Sr511 .W51I5 l9L 14 p't4.r Ma:4 1 :a'JC L141L CCMSVLT 13-41-.3-S69-92 1:.e54I- . • ...... ...... • tY2o,e .9/'a 1p5 59..41 9VILC•r .:4r C 03.1C puo Cp I1.4412-515-92 Moro A/"f ln5 1S. i4. QUALlIf .:NS Co .'4L DISC rT.4e13-51 S.96 e P4.45 . All II.•.. • CNS b roo" :'./')N5 •5. Nr'Y 5.,1•.O aril :V I" 6M141 N"'Locl1 11.a140.341-39 • ...... .• ...0 rY2>I• ,'t I 11,ta i•Ii:11L. %L C ".I /1.4141.51S-4P «u•• ••.. Ci15 a St{n .I l/•- Ia'. Si••.Lal ;NJ :4" .. ut+ PL411L -1-43s1.290.11 151+ 1 +/ a , •:I'LLIT, 110 :11 L,L:c lt%TAL 1-4331-500-95 112111 .I ip•. il,ltut_ :1] :r: .w:p 114T41 I1-4531. 590-91 • •..°•• ..«CNS 1,1111 •/ p.+. 5L J 1I1.-..r ,)CJ •5 r•I +'.).sIVL .:O:U n.4243-1Ja 51 • 2>1 nr .'I .. !°. 5 .• 1.�vCr 4V-LIT I0 i;c fLc AzIll cp1.se _ut15t 1e9-15 'S-.r-45 .l. t r - Cn r. _T- .i. v" :1r• .. .. .,. c:C 1;+T .. 7 -V. . J. . . .":All v ./ n+•'•.E:: 4Ci ,J'' -. 1J:t/PT,/t:C l: ]AL21t-1 .5•ta 2>t/. //')/•'. 1t5. 'CI'4C• .J .: .:yu :UV %Lt': 'lµt<1-12J-'1 ...... ...-cgs • UHt. .Wl,95 1t.n5 TCIf314C r WIPIPTS/4CC'51 Gl-12!2-249-42 V •.5 /'>/45 it.aO N2'I]S :Uf'494LU 9LDVIRJ5 NT U. /4-4131.590-97 Z)$/99 .VP 'I'S 2. 1 4:•11 SUP:.Va.0 CINC AVALL th4$L2-590-91 • f52I Yu )/•5 2ZI45 • P-1 +1L^a.] ..a•s4 UP .-4221-R 1. )1 152190 .V/15m 134.1-1 4'.a +t.l .NL:NITL9 Fla t'.G l.P JP-4221.129•3I • 12•.. . )2'4l ,9/^!H• IJ]_. Y'S'J •>. ,T.]: LJL .o t`J S00->aF 91 2)$'H .Y /')1.5 5.•, 0':1`-> Ll IE m La[ :U. '1-4152. d9.12 b2•)5 .V I.>I<1 2•. 4 .'H-.1 LS-C TNS UIE Pit 1.4152.Je9.15 2529f) 11`,)1•) 1.,) V'iT_'Y VI .11 L.ft INS ^1-4152-121-31 • 25t<1`1 'VI„SIYS I4.L1 VrSTI., L:'C :Is L•PL IN! :1-a1S2.1$h 71 1>2.5> 9/'514> 7005 N':T<.♦ L:IC .UI L!IE :NS :1.4452.129. 51 4..] N11T•11 LSIE i'.S L 71 NS C1.4iS$-It4-33 2>$]>) .S r•>/e5 9./4 N" Y. •V L:rr I:$E INS :1-4I52-149.42 25 L•)Y .r I'J I.> 1••] V £ L'f; •1. ;:IC :N! '1-41)2-190-41 D!•>5 'n /I)I•. ZI.•• NyTJ 1V I:IC :)S t:14 :NS t1-4152-515-9E A 21211% 'r/'SIp 1•-4 N:51'•1 L•IC TYS L:fE It. Tl.N 52•N9.91 b29)) LVP1115 15.1. V"ST'1V LIFE .11 LJtC :NT 11-4152-509-92 2a 2e>5 .YPSI•4 1.11 V; vT'.> L:II a.1 LifE tN: 14-4152.590.97 • 1M. 1 212040 .91 )I01 •... CT.r. Nf•i NO LI11a L .SS I.-451S-S49.91 .'S • •• -• b2n /> .a/+•f n5 17.•1 Y.:S.1 4L11 CL'C'V!C Vtll:1l:• fl-4Se4-249-12 120. . t Si9 .9 /'f r•4 N.'S a• a .SOT LT. -IT;I-j.L •1-Utt-129-!1 14.•5 . •4.1 ftl. f ul•• •.'` .•pl Y• V ':): .ti• .'Lni +1 -- I',- lrllt 41• +• • P•J• . • Yil d1i+.1 Y/ SI•! A`,'] - yJtic1;:L' rtt;:.il Ll[ '1.21'J•310. :. A'. J • l51n t +a/'H a! e•.'J ,•CY-' c=•:Ci +Na •r4Ca C;N CULI -0L♦l: G•1ta•11 ,Y/'sfd% vva••tl 4AeMJN OV 33 •'d tlb OL IbACC 71-UA1-31f•vC 199.•tl . h24 ♦ ,V/y/•) 75.1'. L•w0 LL RC . C +"+xre l••iP a-tSP9.:S0.1i SS.J9 . 1524 ,o/'f/!f I.:96.3a VTY'ALw!OOle AUTO .QUTP 14-4510-e7Aac .52 v_e r/')/H f3•.' Neq g1pCl Cpy IP IP T./A:C'lS ]bA2 R-/29•SI fS. Sl.•n odic: SV)•U nt4t STORE aLAPLi C! 11•4270-S15•va V.-J C StV,A .91 1114 )AA.•• o+fC SS Yf7 f: +q TnCP K•AC iw-4Ail-590•91 N4.a7 4120"0 .o/ 1141 43.00 ar P.NS CO\ST Ce. a�S•AS 01t ^1-17J0-7]0-J] Ail? + ' S1A Y.a of :1•t 1:7-]]0-'l L 1..7 . C"L"' 9l Jei ••'C + CL",S AO U^ 'PPT ll•ttvl•JJ)•C' 1.14 age,3 .Y/•S I•! 126.1; U OP • ItY.RJ a.J +a:a-Pr i•P PyrJI U.1A N•J99•:J . isa 91. .I/]a I•♦ 1•••' -Ual+1\ I•YC+ir: V. •sn C4 -:1p tx `Y•PT t5•tl il. J:O-] n u•• •••K'AR U t'+)♦ A2. h ,V/", qt A'. ) PnK3 Is ag4'v A: r ] b. TAt.r. "4I')•ry ":oY n/Y•S 756.S3 4) •! 4., a•YCi•431 Clw;utT AAt //"'a1 $0. . A CASULT 1S-4 USbal72".+//4.• .Y/f I•) 61.1 P^K.•JC All " CNCUT Al'a4 A .N ;. K C•VSull SfSf-.•• 1lff'C]-1SItltlV-vA0007•-••Aa!II 415 K 14.1 .,I >I•• ./ f/11 `ll.'s a! PEA: - - It •:!: Vit •f -11fK116, :LNtIN40.N •A1YAL -t T1'A1 : C '0 % t/t1 Cl-N Ad-iA0• U .ANJ1L •vS C11 Jr .e ) 4-`.CA )'. a." K146e .It l/a) -L/469 ,1/7 re) K/669 .I/ 511, NCO 469 .11' 11. K/44e ../-)If) Kr469 V/;)/•t K /a4v Iv/'a 145 4K/46Y K 1.1e .rt )115 KIN• ./•S/)) K/./1 .I'1141 Kt.1, KIN .a/-I1'•) Kt4.5 Y/j19. K141. Y/'>qe KHh rI^1JH KF6" -/ %I%, W.F) 1/•>/11 '.c C. st6:5 T•A •SYYf y�. y�[. TACAS :s '45.e4 IT TMLS C34T 'I C IT T3;49 4T 5f COYT 6?.•O 61.', :1 T4:LS Ss TWIT f tl.rl ST TA'LS :9 TWIT .2r St T1:LS S) C)" 11.49 4T III 4S :. C3%t 21.1) St PTA. :S C"WIT r1.4s SI Tit1 S C)YT 51.45 ST Tr-143 '3 C].T IT Te C15 I5.61 IT T4[11 :. 9YT 114T 9.v)• 4•fi5f G19 r. .•12.N1 1. S4f.5! rC PAIII•`I N •. )7 •:4:)yL FFv S. l4frrn r3rl. rrs $42.:1 TY14 ^TIT .14. Ws. to-4 WTTT II-_ •$I.,. '44.•1 iA•J• dN' 15.12• FOV- FI*: 149.1 f 45•t4- 4WL•ry '14i ip♦e.1T . 2 •.AC4.1' I•)Y' '• IITAL P.19 r'n) I - T:TIL 71'b.'0 149- 14 IOTIL •S-.f) IYr. 41 fItAL I r•.)f {.tt NV N 121 AL -041.ss rUrY •• Iq•q 1•H r•Aj IUNW r.• T)T 4L •r4 H.4 'YN3 r1 TL'•L 1 .-N.e• rur' '6 TWTq :TCN 3C2CA[FTIYr FICA 4112 TW P/2S I I C 4 4111 TJ 4/25 'ICA 4/12 TW 1/25 1I:A "12 TY 1121 'ICA 6/12 11 Ili, FICA N/12 T1 WTI F:CA aIII I3 4/i5 FTA a/1) IC./35 'ICA A/I2 1) G/25 FICA '1121' Ili$ Pick 1112 T' 4/'S I•;A - AI I 1/25 .10 FUACN tie C:SC .'Y' PU4C4 -[Y. JISC •14: 1U. CM ..I. CISC Y:NL FWCN /AL CISC -:4, PUaCN 41%i C[sc LTG P'J9C. LTG 01SC 6CN:-'L Ita^ FJ 3 W:Nlr !.411.6 1',%➢ 1043.1t a [QUIP )JTL.AT r I'-- P•'. Yi I190L9IS) r 1 aA1 YtC Asst3S.:I! 'Ur L•9Y'4 0P10✓1114 ••,%, +`Lf bVICC 9ry •I.•. rC 40.:9-45 Pact 9 "CIYAT %I. INV. 4 2.9. 1 -CS W Jt-4112-09•I1 PAWAL C 1'N 42AW13 IIWut CI-{H2. uI9.1r [1-4141-11.1 •AL -&"UAL . b4IaLH1.31 +4WNuq 1.N 42-hW.t n-41N.N9.42 :ArUAL ANUAL ]1-44.I. •AMWL ?1.414Z-SIS-OC rANUAL 12.4142-349.91 AAL I1-4I4Z-519-92 - 4W4YAL r4-4U2-5OG-51 449u4L 79-441L-415-9: -ANUat rf-4111.115-9. -1NJIL 11.4112-51S-4: .4NulL n-set)-sls.a3 .AWIL 1•-4412-51S.9t• 'S4UAL 11.4-IT 3. Its. 91 r1.1JAL 11-Nt2-fy.q .AWAL 9t-u1H s1s-93 -ANUAL 11-44la-SIS-9C -,%JAL rL{et 1.51 S•9) -*%Ual I1-4113-s'S.9C FAW-L 21.44n.1IS-IC PAWAL .•••C9s l9y Cltl OF )POV) CMT:N n^. mtt KI.6. C9/^3PXS MH46_ 09/^f As$ PC/461 1: VIC3PfS K/461 (9/CS/NS 1 KI461 :9/:3163 KI.61 C9/13P95 MCI4" .9/C3195 KF665 C9/CS/B5 K/465 ^9 PC Its K1.63 '.92)S/NS K1.61 J9/O3165 HCIAGA 090H3165 KF664 U9/.71NS M:/.6. :9403185 KI46. 39/OS165 K/AAA O9103065 MC1461 C9/^1135 K1465 u91:3065 K1466 A103145 KP4Y6 91CSIS5 K/161 :91 11.5 K1461 J9/1SP65 Knee .v/ 3lu 1Naunr Shc.SS 10.55. 516.95 . 664.42 13.11. 229.15 A.SF. Brr.1e . 11.10 14.00 .91 0.19 16.16 23.39 49.52 . 63/.61 P.15. -36.51 1I.11. Ito a I.299.13 . 1.OrI.N 21.56. I.'S5.6I 664.73 13.61- ss1.26 .01804 21.^1• 1.31103 3..A 115. A 505.14 5.199.95 6.•Y1.^0 CIA CP PE1111" YLN301 .•. OE.CNIPtIDM CO PHILLIPS VINE PUNCH E0 PHILLIPa *INC 036C QUALITY NINE LIG PUNCH GUALITT MINE LEG DISC GUALITF MINE NINE PUNCH DUALITY VINE MINE DISC ROM NUDE PSSC HOSE ORONO LID OFF SUP ORA) LID STORE sup ^BOND LID POSTAGE ORONO Lie MHI SUP CD PMILLIMS LID PUNCH ED PH !LET'S LID OISC CD PM'LLIPS 6I001. PURCM CD PRTLLt'S MINE DISC CD PMILLI-S BEER PURCM GUALITT MINE LID PURCM BUALITr V:NC LEG DISC TNTERCOMT PRA VINE PUNCH INTLXCONT -96 VINE DISC G-IOGS C0-ER Lie -UPCH GRTGGS COOPER LIB U:SC RAFT N90LL Auto MGM TU10 21 TOTAL GENERAL FUND lure IT TOTAL UDUOR OPERATING FUND T'T-L rE-sl-es .m; 1 account Ma. Ir.9. 6 P.:. F . 71.4412.515.90 NAN):L 11-A NI S-513-90 M1N9 al I1.A610-Sts-4. MANUAL /1-6d11-S1S.90 MANUAL 11-45t2-515-96 MANUAL 11-4613-513.90 MANUAL 11.6320-sls.90 PANUal. 11-6210 $15-90 MANUAL 11.6250-515-9d MAIIVAL 11-43"-515-90 MANUAL I1.4343-5IS-90 MANUAL 11-4810.515.9U MANUAL i1-Hil-S14-9: MANUAL It-6 tI b S15-9` MANUAL 11-4313 SIS-9C .AMUAL 11.461S.515.90 PANLAL 21.6610-SI"3 MANUAL r1-4411-SIS-90 MANUAL 11-6812-SI5.90 PAMULL r1.4M13-5I5-90 MANUAL I1-6ato.515.9c -AN.=L 11-461/-SI5.9G •A.UAL Ot-A 34I.129. 51 '-%UAL Planning Commission Council PUBLIC ATTENDANCE MEETING DATE PLEASE FILL OUT TEE I11FORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) Johw T. 7A-,lL0(` --.SA(NFY Jl_�Ia�{Pr N ROC%rnr EF//1 ..7C F.+e��C X gns�+n 1'.9y' 7uK•icrd� -T wC� -0-7 .i*A lei /TP.�OsC Z � W~l 'ek 6 K I f6 . 97. 71 f+%T ' fry ,r ff CAR 3'l D x/ru�w J ,L rz. ult t r�. 1 f _ /oye) --M tell E,I ". .1 `i 19. 20. -- - - C I nfo r in fori IE 4-e., tv% s Mcct,:� ot� MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with the following members present: Chairman Callahan, Goetten, McDonald, Sims, Rovegno, and Taylor. Kelley was absent. The following represented the City Staff: City Administrator Bernhardson, Zoning Administrator Mabusth, Aset. Zoning Administrator Gaf f ron, and Recorder Peterson. Council Representative Frahm was also present. 4948 DAVID C. BELL INVESTMENT COMPANY 565 LEAF STREET PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30 - 7:47 Representing the applicant, Larry L. Hanson of Schoell : Madsen, Inc. was present. Also present was Jim Orr of Schoell and Madson, Inc. Asst. Zoning Administrator Gaff ron noted the certificate of SEP 9 1985 mailing and the affidavit of publication. Gaff ron explained the request for a two -lot subdivision of a 5.9 acre "throu,h" lot in a two acre zoned district. Lot 1 is proposed at CITY OF ORONO approximately 2.5 acres dry buildable. Lot 2 proposed at approximately 3.2 acres dry buildable. Gaf£ron pointed out on the survey the existing driveway and house to the interested persons. Loren Klitzke, 555 Oxford Rd., expressed concern regarding the access of the driveway on Oxford Road. Larry Hanson stated that in his opinion the future home should be built near the end of the culdesac, but that would be up to the future home builder. Zoning Administrator Mabusth stated that Planning Commission member Kelley, who was unable to attend, has asked what is the future plan for the existing swimming pool. Mabusth stated that Kel leyis concerned that it was possibly a nuisance attracting young kids with no one really watching it and a potential hazard. Mr. Hanson stated that the plans for the swimming pool have not been discussed, but based on staff's report he would recommend the pool be taken out and/or filled. Asst. Zoning Administrator Gaf f ron pointed ..ut the existing drainage easement in answer to Mr. Klitzke's question regarding runoff control. Richard J. Williams, representing the Church of Religious Science, stated that the Church had no objections to the subdivision but expressed concern that the future property owners have no objections to the existing use And activities of the church. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 2 #948 - 565 LEAP ST. continued Asst. Zoning Administrator Gaffron stated that Reverend Chaffin was concerned about the encroachment of the patio, which is used for church services, into the proposed subdivided property. As a potential solution to the encroachment problem, Mr. Hanson suggested a possible conveyance of that certain property to the church. Mr. W.J. Koronkiewicz, 465 Leaf St., was in attendance for this matter. Goetten asked about the plans for the existing house. Mr. Hanson stated that when the property was acquired, they thought they had a full 6 acres and was unaware of the high dry buildable ordinance, and felt they were dealing with a minimal variance. Due to these problems, their plans are to sell one lot for a new home to be built, and sell the other lot with the existing home. Mr. Hanson also stated that the applicant understands that he will be responsible for partial road maintenance of Oxford Road. It was moved by Chairman Callahan, seconded by Sims, to recommend approval of the proposed subdivision subject to staff Is 4 recommendations as listed in addition to 5) conditioned upon obtaining approval from neccessary parties for use of Oxford Road for entrance to Lot 1, 6) applicant being notified of the attractive nuisance of the swimming pool and need to be addressed. Motion, Ayes (6), Nays (0). ZONING AMENDMENT PUBLIC HEARING 12:14 Due to the late hour, it was moved by McDonald, seconded by Goetten, to continue this public hearing until the next Planning Commission meeting. Motion, Ayes (6), Nays (0). t941 PAUL NUTT, #946 DAVID C. COOK, i951 JOHR THINMISH 2739 SBADYWOOD ROAD VARIANCE PUBLIC HEARING 7:58 - 8:29 Paul R. Nutt, David C. Cook, and John i Patti Thimmish were present for this matter. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Zoning Administrator Mabusth explained the ownership of the lots located west of the Narrows Bridge: John Thimmish owns tracts S (riparian) i T ( land), Paul R. Nutt owns tracts O i R (riparian) and P i Q (land) which he is in the process of selling tracts Q i R, David C. Cook owns riparian tract E. The adjacent land tract (D) to Mr. Cook's riparian tract is owned by Mr. R. Ogle. Tracts M i N and K i L are owned by two adjacent land owners, Mr. Casey and Mr. Fleischhacker. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 5 /941-1916-1951 2739 SNADYMOOD RD. continued Zoning Administrator Mabusth stated that the question is how to deal with the non -conforming use of these properties. Mabusth noted that the City has been aware of the non- conforming use of these lots since the late 50's. Mabusth gave a short background as to when these lots were purchased by the applicants'. Mabusth indicated that because the applicants' are non -adjacent property owners creates the illegal non -conforming use, which has been a non -conforming use for the past 30 years. Mabusth also noted that some of the tracts have been combined and some have not. All three applicants indicated that their request is to be allowed to use the lots for boat dockage. In order to do this, the City must recognize them as a legal non -conforming use. Rovegno questioned, since back in 1955 this use was apparently a legal thing to do, at what point did it become an illegal use? Zoning Administrator Mabusth indicated the change occurred in 1967, when the formal zoning came in. Zoning Administrator Mabusth stated that the Planning Commission is being asked to address two things: 1 ) recognize these lots as a legal non -conforming use 2 ) grant conditional use permits because these lots have accessory structures with no principal structure. Mr. Ogle stated that issues to be considered are that the applicants' want to change the conformity of the lots, the lots were intended for residents, parking and access problems for guests, and the problem with regulating the use and number of boats being docked. A person from the public stated that the LMCD allows one boat per 100 feet of lakeshore and the lots in question are 20 foot lots. Tom Frahm, Chairman of the Marina Committee, stated that the Marina Committee found a problem with the number of boats and ownership of boats. Frahm stated that the real problem is that the Marina Committee felt they could not deal with the dockage problem without a legal definition of what these pieces of property are, which is why it is before the Planning Commission. Rovegno wanted to make clear the Planning Commission's issues in this matter which is a conditional use permit to allow an accessory use absent a principal use and variances because the lots are sub -standard under the terms of today's zoning review. Rovegno felt that is what probably a reasonable use because it has been done for over 30 years. Rovegno questioned whether these docks have permits from the LMCD. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 4 1941-1946-1951 2739 SRADYNOOD RD. continued Zoning Administrator Mabusth stated that the LMCD considers this a grandfathered situation and that the docks are legal because they existed prior to the creation of the LMCD. Mabusth also stated that the LMCD recommends 50 feet of lakeshore per boat but would consider variances for a minimum of 10 feet for one boat. Mr. Ogle stated that a. "grandfathered"clause should pertain to the original owner only and not be sold off. There were no other comments from the public and the public hearing was closed. Chairman Callahan felt that Mr. Ogle's statements regarding parking problems should be considered. It was moved by Callahan, seconded by Goetten, to recommend granting the Conditional Use Permit's to use as a non- conforming use subject to no parking be allowed on property they don't own and allowing one boat per non -adjacent landowners. Motion, Ayes (4), Nays (2). Sime and McDonald voted nay for reasons of limiting one boat per owner creates a hardship. 1945 R.J. BAUMAN 1040 TONAAMA ROAD CONDITIONAL USE PERMIT PUBLIC NEARING 8:53 - 903 Asst. Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Mr. Robert J. Bauman was present for this matter. Mr. Bauman stated that he wants to clean up his shoreline area using a backhoe to remove tree stumps and poison ivy which requires a conditional use permit. Mr. Bauman stated that he will comply to all of staff 'a recommendations as listed in their report. Asst. Zoning Administrator Gaffron indicated an issue regarding the drainage pipes. Mr. Bauman stated that there is a surface drainage problem that ran down to the Noeltings property and that the pipe is just laying there now. The Noeltings, 1060 Tonkawa Road, stated that now that the fence is there, there is no drainage problem. Jurgen Stielow, 1020 Tonkawa Road, stated that he didn't like seeing mature trees taken down. It was moved by Sime, seconded by Goetten, to recommend approval of the Conditional Use Permit, subject to applicant complying with the rive conditions recommended by staff and that staff will review and work with applicant regarding the drainage on the north lot line. Motion, Ayes (6), Nays (0). MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE '+ 1947 NORMAN i CHRISTIE DENITT 1180 LYN" AVENUE VARIANCE PUBLIC REARING 9:05 - 9:06 Norman Dewitt was present for this matter. Mr. Dewitt is requesting a lot area variance to build a home on a 1-1/2 acre lot in a 2 acre minimum zone. Asst. Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Chairman Callahan reviewed with Asst. Zoning Administrator Gaffron staff's finding for recommendation of approval of the variance. Gaffron noted that the variance on this property had been granted twice previously and this is merely a renewal variance. Brian Palmer, 1190 Lyman Avenue, was present and stated he had no objections to the variance. It was moved by Rovegno, seconded by Goetten, to recommend approval of the variance. Motion, Ayes (6), Nays (0). 1949 GERALD ANDERSON 4495 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 9:11 - 9:14 Gerald and Barbara Anderson were present for this matter. Kenneth Rage, contractor -applicant, was also present. The Anderson's are requesting a variance of the average lakeshore setback to build an addition. Asst. Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Mrs. Anderson stated that the neighbors have been notified of the plans and have shown no objections. Mr. Anderson stated that he plans to keep the existing garage. It was moved by Sims, seconded by Rovegno, to approve the average lakeshore setback variance. Motion, Ayes (6), Nays (0). 1950 GEORGE ROVEGNO 2010 SHORELINE DRIVE APPRAL-INTERPRETATION OF PENCE ORDINANCE PUBLIC BEARING 9:16-10:17 Mr. & Mrs. George Rovegno were present for this matter. At this time, George Rovegno stepped down as a Planning Commission member for this matter. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mabusth explained Mr. Rovegno's appeal which dealt with the interpretation of an amended ordinance (amended 1/28/85) Section 10.03, Subdivision 15 Non -Encroachments (C) regarding fences. 'MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 6 1950 ROVRGNO continued Mabusth felt that tt:e intent of amending the ordinance was to clarify it, cleanup language des Iingwith "front yards",. and setting limits on the reasonable functions of fences. Mabusth stated that the issue before the Planning Commission is whether the amended ordinance dealt specifically with lots that abut lakeshore and reared major thoroughfares or streets or did it deal with any kind of lakeshore yard that is intercepted by a major thoroughfare. Per Commission member Taylor's request, Zoning Administrator Mabusth gave examples of Orono properties that fit closely to her interpretation of the ordinance: lots along Shadywood, the corner lot on Oxford Rd. McDonald mentioned the Pillsbury property is a good example. Zoning Administrator Mabusth contends that the problems is not dealing with the non -encroachment of yard requirements, but lakeshore setback requirements. Chairman Callahan noted that the Planning Commission has before them (this evening) another proposed amendment to the fence ordinance for them to consider. Callahan inquired whether this hearing would be a waste of time if they were to approve the amendment. City Administrator Bernhardson stated that the proposed amendment dealt only with fences 3-1/2 feet above the ground. Mr. Rovegno stated that he has expressed to staff that he would be willing administratively to relocate the fence, but as it stands the ordinance clearly permits the fence. Art Tourangeau, 2060 Spates Ave., stated that he felt the fence would create a hazard during the winter with snow, build-up against the fence and the narrowness of the road when one wants to turn on Spates Ave. Lyle and Norma Godfrey, 2060 North Shore Driver were present for this matter. Norma Godfrey felt that the fence depreciates the value of their property, two sections of the fence have already been removed because of graffiti, the fence is dangerous, it is distracting to motorist,and blocks the view of the lake. Ms. Godfrey stated that she also believes this fence has been planned for some time and cited dates of filings and notices proving no. Ms. Godfrey also noted that taxpayers' monies have been spent on the court proceedings involved with Mr. Rovegno's threatened litigation with the County over the used right-of-way of County Rd. 15 and the out of court settlement granting Rovegno the right to erect a fence within the easement for road maintenance, and would like to see the fence removed. Chairman Callahan stated that the comment. from the public are well taken, but the Planning Commission's purpose at this point, is to decide whether Mr. Rovegno had the right to erect the fence without a permit as the ordinance stands today. MINUTES OF THE PANNING COMMISSION MEETING HELD AUGUST 19. 1985. PAGE 7 1950 ROVEGNO -ntinued Mr. Rovegno explained his purpose of the proceedings with Hennepin County which were broucjht up by Norma Godfrey. He then went on to explain his many reasons for erecting the fence which include: trespassing, litter& dumping, physical & verbal assault, vandalism, road noise, speeders & illegal parking, and screens him from zoning code violations. Mr. Rovegno stated that the fence is there to protect him f rom the negative impact of a major thoroughfare. Mr. Rovegno stated that he has tried to grow bushes but the salt kills them. Mr. Rovegno stated he believed he had the approval of the Zoning Administrator, Hennepin County, Dept. of Transportation, City Attorney, Hennepin County Board, and the decree of the Judge, proving his prudence in this matter. He also noted that since he has erected this fence, he has not had any of the problems he previously stated. Mr. Rovegno stated that the issue before the Planning Commission is to determine whether Code Section 10.03 Subdivision 15 (C) applies only to rear yards which abut a major thoroughfare and not lakeshore front yards that abut a major thoroughfare; and that his lot is subject to standards that protect the viewing rights of lakeshore lot owners since the lot is divided by a public road. Mr. Rovegno cited Section 10.03, Subdivision 15 (C) and then presented two diagrams showing typical front & rear yards of lakeshore properties. Mr. Rovegno stated that he felt the intent of this section of the code was to provide privacy along the lakeshore which is Beverly enfringed by a major thoroughfare. Regarding the viewing rights by neighboring lots, Mr. Rovegno stated that his lot is a contiguous riparian lot. Mr. Rovegno questioned why the City has taken action against his fence when there are numbers of other fences, which he submitted 11 photos of such fences. For record, Phil Kaley, 1395 Brown Rd. S., was present for this matter. There were no other comments from the public. Zoning Administrator Mabusth advised the Planning Commission of commission member Kelley,a opinion on this matter denying the appeals application because lots like the applicant's are unusual and special requiring individual review. This specific section of the ordinance was never designed to cover lakeshore lots divided by a major thoroughfare within a lakeshore yard because of the obvious view problem. Commission member Sime stated that he felt staff has acted correctly noting his agreement w.th the fence being a Public Nuisance per Section 9.22 and he would deny the appeal. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 8 1950 ROVEGNO continued Commission member Goetten stated that she feels that the fence does not meet the intent and standards of Section 10.03 Subdivision 15 (C) and agrees will Sims. Commission member Taylor stated that he agrees with the applicant's contention that the fence conforms with Section 10.03 Subdivision 15 (C). Commission member McDonald stated that she agreed with Sime and Goetten. Chairman Callahan stated he agreed with Sims, Goetten, and McDonald. Callahan stated that he felt Section 10.03 Subdivision 15 (C) was not referring to Rovegno's type of property and didn't consider his kind of problem. Commission member Sime stated that in addition to Section 9.22 permitting a public nuisance, he felt that this fence is endangering the safety of those using the public access under Section 9.21 a public nuisance. Mr. Rovegno stated that the public access at the end of Spates Ave. was a public nuisance, whether his fence is there or not. The ruling of the Planning Commission was 4-1 to deny the appeal and find that staf f'a interpretation of the ordinance is correct. Sims, Goetten, McDonald, and Callahan in favor of denial. Taylor against denial. 4952 PRANK ROKESH 4100 WATERTOWN ROAD APPEAL -INTERPRETATION OP STOCK FARM AND HOME OCCUPATION SECTIONS PUBLIC HEARING Neither Mr. Kokesh or his attorney were present for this matter. Because of his absence, it was moved by Callahan, seconded by Goetten, to table this matter until the September 16th meeting. Motion, Ayes (6), Nays (0). Earl and Betty Dorn, 4045 Watertown Road, were present for this matter. Chairman Callahan agreed to hear them but informed them that no action would be taken at this meeting. Mr. Dorn stated that Mr. Kokesh's operation has been in violation for years and the city has failed to do anything about it until now. He feels that residents should receive equal treatment. Chairman Callahan assured Mr. Dorn that if the applicant fails to appear at the next meeting action will be taken in his absence. IONUT19S OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE. 9 #954 ORONO GOLF COURSE 265 ORONO ORCHARD ROAD SOUTH CONDITIONAL USX PERMIT PUBLIC HEARING 703 - 7:56 Chairman Callahan explained the application for a conditional use permit for expansion of the ath tee and regrading of tee apron area at the Municipal .if Course. Asst. Zoning Adminis�,rator Gaffron noted the certificate of mailing and the affidavit of publication. Gaffron submitted plans drawn up by the City Engineer for fill and grading near the 4th tee on the Orono Golf Course. There were no comments from the public rega: :q this matter and the Public Hearing was closed. It was moved by Goetten, seconded by McDonald, to recommend approval of the Conditional Use permit as submitted. Motion, Ayes (6), Nays (0). 1956 MRS. PHILIP N. PILLSBURY 1200 BRACEETTS POINT ROAD VARIANCE Mr. William W. Scott, architect for Mrs. Pillsbury, was present. Zoning Administrator Mabusth explained that when the building permit was filed it was found that the old foundation was not going to be used with the new construction, therefore a for area and lot width variance is required. Mabusth stated that it is an improved lakeshore setback because the new structure will be located out of the 75 foot setback area. Mabusth also stated that this application was too late for the Public Hearing deadline, so the Planning Commission is being asked to make their recommendation and the Public Nearing will be held before the Council at the August 26th meeting. It was moved by Chairman Callahan, seconded by McDonald, to approve the procedural variance application as recommr;nded by staf f in their f indings as listed. Notion, Ayes(6), Nays (0). 1953 CHASKA MARINA NORTH SHORE DRIVE VARIANCES PUBLIC REARING 10:58 - 12:04 Asst. 'Zoning Admin.-trator Gaffron noted the certificate of mailing and the affidavit of publication. Gaffron explained the applicant's request for variance$ to permit commercial open storage and parking of commercial and employee vehicles. Gaffron explained that there are two separates properties, owned by Chaska Marina, that are not adjacent to the property itself but separated by residential usrd lots within the B-2 zoned district.. AINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 10 9953 CHASKA MARINA continued Jim Dunn, President of Chaska Marina, and his attorney, Bruce C. Douglas were present for this matter. Mr. Douglas stated that this is a commercial marina permitted zone, with pre- eRisting uses which have certain grandfather rights within the City. Douglas explained that his client is seeking a variance to the area and use functions of two parcels, 3340 6 3350 North Shore Dr. Douglas stated the area variance is needed because neither parcel meets the minimum 1/2 acre requirement. he use variance is required because there is a pre-existing adjacent residential use involved. Douglas noted that the proposed site plan takes into consideration the 75' lake setback and 10' sideyard setbacks, and the plans meet the hardcover ordinance. Douglas stated that they intend to put in a 3' high staked fence to physically protect the 10' sideyard setback areas from use by the Marina. Douglas also stated that they intend t ')ide by any setback requirements from the roadway even : ough the site plan doe t show it. Douglas also informed them that the house at 3340 North Shore Dr. is prohibited by contract from being destroyed prior to August 1, 1986. He noted that he has written to the contract vendor seeking permission to destroy the house prior to that date and has not yet received a response. If they do not receive permission, Mr. Douglas said that the house will be removed no later than a month after August 1, 1986. Douglas stated that the house on the other property is not a problem house in terms of structural stability. In order to .expect the rights of the adjacent residential property owners, Mr. Douglas stated that they have attempted to delineate and identify the issues that must be dealt with such as providing the neighbors with copies of signed statements from all the employees of Chaska Marina acknowledging that they are aware of the trespassing rules. Mr. Douglas stated that it is the residential property owners interests which are non -conforming in this area and that the burden of obligations must b met by all persons involved. Douglas stated that they are m ely asking for a variance to conform to the use that is pe, itted in this commercial zone. Douglas said that thtI intend to uss th its for vehicle Parkin- with appropriate screening, parka. n of boat trailers, and marina equipment such as cradles that hold boats. Sandy Ramberg and Marcia Schoeneman, 3332 North SI a Dr., and Phyllis Sprague, 3342 North Shore Drive, were n z nt for this matter. Mr. Douglas stated that they ha a met and workta th E Ramberg, Shoeneman, and Sprague to try and resolve some problems. Commission member McDonald had concernr regarding the number of boats in the water and on land. *INUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 11 1953 CHASAA MARINA Continued Mr. Douglas stated that there is wet slip storage, dry slip storage, and winter storage which the Marina Committee and City Council deals with when issuing the Marina license each yeari and this issue has nothing to do with the land use application before the commission. APPROVAL OF MINUTES July 15, 1985 Mr. Douglas indicated that they wish to continue trv= mixed commercial and residential use of the 3350 North Shore Dr. parcel to serve as the on -site residence for a permanent 24 hnu�-ocurity person for the Marina. The issue of hardcover was raised and Mr. Douglas indicated disagreement from staff 'a contention that gravel is hardcover. However, Mr. Douglas stated that if gravel is considered hardcover, they wi. 11 coniorm by leaving the area dirt. Mrs. Sprague stated that at the present time they are not parking within the setbacks. Mrs. Ramberg stated that as time passes there are more problems with the enfringment of their rights, and they are against the granting of any variance. Mr. Douglas stated that in order to comply with the setbacks they agreed to put up the physical barrier of the staked fence and that although he feels the Marina has the primary responsibility, the residents have a secondary responsi- bility to try and work these problems out. McDonald voiced her opinion that the area could not handle the added use. Chairman Callahan felt that there is no problem granting the area variance to 3340 North Shore Dr., but felt uncomfortable granting the mixed use variance to the other property. Callahan stated that he feels both houses should be removed before the parcels be used commercially. 1. was moved by Rovegno, seconded by Callahan, to recommend an area variance for the two subject lots; recommend a use variance for 3340 North Shore Dr. until it is torn down in one year (or until a specific date such as September 1, 1986); recommend a temporary variance for the mixed uses for 3350 North Shore Dr. for residential use for one year thereafter being used only for a paid security person; and that no setback or landscaping variances be granted; and that such lots be limited to use for parking and storage by Chaska Marina. Motion, Ayes (5), Nays (1). McDonald voted nay because of the uses involved and felt that issues such as dockage and hardcover should have been considered. It was moved by Sims, seconded by Goetten, to approve the Minutes of the July 15, 1985 Planning Commission meeting as submitted. Motion, Ayes (6). Nays (0). MINUTES OF TILE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE IZ REPRESENTATIVE FOR COUNCIL MEETING Planning Commission member Sims was selected as the representative to attend the September 9, 1985 Council meeting. ADJOURNMENT 12:30 PM It was moved by Callahan, seconded by Sime, to adjourn the Planning Commission meeting at 12:30 PM. Motion, Ayes (6), Nays (0). IING 1 7 Consulting Planners One Groveland Terrace'tP 16121377 3536 Minneapolis Minnesota 55403 CI I v OF ORN Dahgran, 9aardbw, and Uban/Incorporated rC, f ---- MEMORANDUM / NAiE 610 i DATEt 23 August 1985 CITY OF •RONO TO: Orono Planning Commission and City Council FROM: John U. Shardlow, Consulting Planner RE: Introduction to Highway 12 Corridor Study Process, Review of Participants and Roles, and Draft Schedule BACKGROUND This memorandum signals the official beginning of the Highway 12 Corridor Study. The purpose of this memorandum is to present an overview of the study process. The product which is projected at the conclusion of each stage and the roles and responsibilities of each of the participants in each stage, is also reviewed. Before discussing the process itself, some general background should be presented. First of all, this is a planning study which will review and discuss the problems and opportunities associated with a number of alternative future land use patterns within the study area. The Land Use Planning System which we have in our region calls for the Comprehensive Plan to be amended as the first step in the process. Then, the city acts on specific recommendations for rezoning. State law is very clear in identifying the role of the Planning Commission in the Comprehensive Planning process, and consequently, the Planning Commiss4-� the logical lead agency in this study. However, we m6 .so recognize that the study has the potential for very significant impacts on effected land owners. Therefore, it is absolutely essential that the study process be open and allow very adequate opportunities for citizen participation. It is important to note very early on that with that opportunity comes responsibility. The study has been designed to allow and encourage timely input at key stages throughout the process. It is the responsibility of all of the parties of interest to participate In a timely and appropriate fashion. ORONO COMMISSION AND COUNCIL, 22 August 1985 Page 2 Finally, we recognize that the City Council is the duly elected governing body of the City and it is ultimately responsible for taking final action on all City policy issues. It is essential, therefore, that the City Council also be effectively involved throughout the study process. PROCESS OUTLINE This Study ' j been organized as a collaborative planning effort on the )art of ourselves and the City Staff. In each of the stages below this memorandum briefly outlines what will occur in the stage and who will be principally responsible for the work which it includes. PHASE ONE: Inventory and Analysis This is the portion of the Study in which all of the necessary base information is assembled. This will include section maps, aerial photography, soils information, existing topographic information, vegetation, land use, and zoning, as well as the location of existing utilities and related easements. From the above mentioned base information study base maps will be prepared for review and discussion with the Planning Commission, City Council, and any other interested parties. When this information has been assembled into base maps, the findings of the inventory and analysis will be summarized in a report which will give particular attention to explaining problems and opportunities which the analysis has identified. This stage of the process will culminate with a presentation of all of the findings at a Planning Commission Workshop meeting and, subsequently, the Planning Commission will have a ,Joint meeting with the City Council to review and discuss the basic findings. Lead Role The completion of the tasks outlined above will be the principal responsibility of the Planning Consultant. The City Staff will participate and provide support and assistance in this phase. ORONO COMMISSION AND COUNCIL, 22 August 1985 Page 3 PHASE TWOS Coals and Objectives Based upon the information and research which is included In the first phase of the process, the City Staff will prepare a preliminary set of goals and objectives. These preliminary goals and objectives will be distributed to the Planning Commission Members in advance of their scheduled workshop meeting. The preliminary goals and objectives will then be reviewed at the workshop meeting with the Planning Commission and, following that meeting, the City Staff will revise the preliminary goals and objectives to Incorporate the input from the Planning Commission. Following the initial workshop on goals and objectives with the Planning Commission, a joint meeting will be held with the Planning Commission and City Council. The Planning Consultant will attend the joint workshop meeting and will serve as a resource to the City Staff during this period. Following the joint workshop meeting, the City Staff will prepare a final set of goals and objectives, incorporating all of the Planning Commission and City Council input, which will serve to guide the remainder of the planning study. The City Staff will be principally responsible for the work in Phase Two. The Planning Consultant will attend all of the scheduled meetings and will serve as a resource to the City Staff and elected and appointed officials throughout this stage. PHASE THREE: Review and Analysis of Alternative Plans When the goals and objectives have been developed, the Planning Consultant will prepare a series of alternative land use plans for the study area. When these alternative plans have been developed they will be transmitted to the Planning Commission, along with a memorandum which summarizes the key characteristics, problems, and opportunities associated with each. The Consultant will then attend the next scheduled workshop meeting and present and discuss the alternative plan and the memorandum. Following the initial Planning Commission meeting, the Consultant will refine the alternative plans, prepare additional alternatives if needed, and update the summary memorandum. This material will then be transmitted to both Planning Commission and City Council and will be subsequently reviewed at a joint workshop meeting. The joint meeting between the Planning Commission and City Council to review alternative plans is perhaps the key meeting in the entire study process. This will be the pcint in the process at which the goals and objectives ORONO COMMISSION AND COUNCIL, 22 August 1985 Page 4 which have been agreed upon will be tested through the development of site specific alternative land use scenarios. 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 Planning Consultant will be responsible for preparing the alternative development plans which have been identified in this section. The Consultant will also be responsible for presenting these plans to the Planning Commission and City Council. Following the joint meeting to review and discuss the alternative plans, the City staff will be responsible for documenting this process and completing the section of the Study Report which summarizes this phase. PH_A_S_E_FOUR: Refinement of Selected Alternative Development of Final Plan The conclusion of Phase Three as stated above, will be the selection of a preferred alternative plan. Depending upon the level of agreement which the City has reached regarding the selected alternative, the refined alternative will either be presented to the Planning Commission at a workshop meeting or the process may skip directly to a joint workshop meeting with the City Council. Once the selected alternative has been refined, the final plan will be prepared along with a written summary of the process which transpired to arrive at it. when this 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. When the Planning Commission has arrived at a recommendation regarding the preferred alternative, the Consultant will attend the next City Council meeting to present the final plan. Lead Role The Consultant and the City Staff will share the responsibility for the completi^n of this phase of the Study. The Consultant will complete the graphic portion of the product and the City Staff will prepare the written portion of the Study with the advice and the counsel of the Consultant. ORONO COMMISSION AND COUNCIL, 22 August 1985 Page 5 PHASE FIVE: Imclementation When the City Council has accepted the final plan and has approved it as the official direction which the City wishes to take in its future development for this area, the City Staff will prepare the necessary amendments to the Comprehensive Plan, Zoning Ordinance, and other official documents to implement this plan. The specific nature of this phase of the study is, of course, 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 and City Council meetings (or joint meetings). The Planning Consultant will attend these meetings and assist the public officials in this process. The Planning Consultant will also be available to assist the City Staff in processing the Comprehensive Plan Amendment through the Metropolitan Council and to assist the City in dealing with any State c. regional agencies which may be affected by the plan. Lead Role The City Staff will assume the lead role in this phase of the process with support from the Planning Consultant. PROPOSED SCHEDULE September 26.............................City Council Meeting, ......•• .....................Introduction to the Study Process October I ................ Planning Commission Workshop Meeting, ............• ...........................Inventory and Analysis Novembergi .........Joint Meeting with Planning Commission and •••• ......................City Council, Inventory and Analysis December 2 .......................Planning Commission Workshop, ............•• ..............................Coals and Policies January 5........................ Joint Planning Commission and ••• .................City Council Meeting, Coals and Jbjectives February 18 ......................Planning Commission Workshop, •...•••• .............Review and Analysis of Alternative Plans. March 3........... Joint Workshop Meeting to Review and Discus^ ...............Alternative Plans, Select Preferred Alternative March 31................... Review and Discussion of Final Plan CITY W i ........IOXae Jt� 91935 P.O. Box 387, Wayzata, Minntsota 55391 CITE. 114111119 YIMERS pared M Cdchrzn. Re, . Albe,l L Leaman . John E ihama, Camille a Andle . James B M[nemy . James R SOensley . a0wd A Mille ma August 26, 1985 TO: All Municipalities Special Purpose Governmental Districts and Interested Citizens FROM: Board of Managers Minnehaha Creek Watershed District RE: Proposed Rule L Establishing a Fee ScheOule for Permit Violaticros ling Work Without a Permit The Board of Managers of the Minnehaha Creek Watershed District is considering adopting a new rule which would require payment of a fee where work is performed prior to issuance of a District permit or in violation of a District perrit. A public hearing on the rule will be held Thursday, September IS, 1985 at the St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota, commencing at 8:30 p.m. A copy of the Notice of hearing and Proposed Rule L are attached to this memorandum. The Board desires to h-ar from affected governmental ofticials, property ownerb, no the public regarding the propnsed rule. Written comments may be submitted to the District at any time prior to the hearing; oral comments may be submitted at the public hearing. Additional information can be obtained from Michael A. Panzer, engineer for the District, E. A. Hickok i Associates, 545 Indian Hound, Wayzata, Minnesota 55391 - Tel. 473-4224, or Gary R. Macomber, attorney for the District, Popham, Haik, Schnobrich, Kaufman L Doty, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402, Tel. 333-48UU. 1474n MINNEHAHA CREEK WATERSHED DISTRICT Rule L: Fees Charged in Certain Cases Findings. The Board finds that from time to time persons .:rformWorK requiring a permit from the District without a permit, and persons perform work in violation of an issued District permit. The Board finds that its costs of engineering inspection and analysis in such cases exceeds those where the applicant has complied with District requirements. The Board further concludes that its annual tax levy should not be used to pay such costs which are incurred because of a failure to meet District rquirements. Therefore, the Board adopts a rule charging tees to the responsible persons in such cases. 2. Fee. Any person who performs any work for which a permit is required under these rules without having first obtained a permit from the District, or, who perforrs any work in violation of any terms or conditions of a permit issued by the District under these rules, shall pay to the District a fee equal to the District's actual costs of field inspection of the work, including investigation of the area affected by the work, analysis of the work, and any subsequent monitoring of the work, which are incurred after Notice of violation fron the District. 3. Procedure and Pa ment of Fee. The District shall notify any person per or ming such work of the violation. If a permit has r-t been issued for the work, the person performing the work shall promptly apply for a permit. If a permit has previously been issued, the Board shall rescind the permit if it finds violations of permit terms. Upon receipt of a permit application and exhibits showing that the work is to be performed is in accordance with District requirements, the Board nay issue a permit. Upon permit approval, the Board shall notify the person who is liable for the fee of the fee due. The fee shall be paid to the District within thirty (30) days from the date of permit approval and shall be received by the District prior to actual issuance of the permit. 4. Recover of Fee. The fee provided for in this rule may be recover; y e District by any legal action authorized by law. 5. Cove[nzenta. Agencies Exempt. The fee in paragraph 2 shall not be c a[ga to any agency or the United States or any governmental unit in the State of Minnesota. 1139n 9/26/85 MINNEHAHA CREEK WATERSH4D DISTRICT In the Matter of the proposed 1 NOTICE OF PUBLIC HEARING adoption of Rule L to the rules 1 of the Minnehaha Creek Watershed ) District ) NOTICE J- HEREBY GIVEN that a public hearing will be held by the Board of Managers of the Minnehaha Creek Watershed District on Thursday, September 19, 1985, commencing at 8:30 o'clock p.m. at the St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota, concerning a proposed Rule L creatir.g a fee schedule where work is performed i• -o issuance of a District permit or in violation of a District permit. The public hearing is held pursuant to Minn. S..at. S 112.43, �bd. lc, and its purpose is to determine whether Rule 1, should he eted. The Managers desire to hear from affected landowners, •nmental officials, and the general public regarding the ptcpcsed rule. All persons who wish to ask questions or exr•- their views regarding the proposed rule are encouraged to at the hearing. If necessary, the public hearing may be continued in order to allow al, .nt*rested persons to be heard, which Continuation, if any, shall be announced by the Managers at each preceding hearing, giving the time and place of the continued hearing. Copies of the rule are available from Eugene A. Hickok 6 Associates, engineers for the District, 545 Indian Mound, Wayzata, Minnesota 55359 (telephune 473-4224), and from Popham, Haik, Schnobrich, Kaufman 6 Doty, Ltd., attorneys for the District, 4344 IDS Cent , Minneapolis, Minnesota 55402 (telephone 333-4800). DATED: , 1985 I Ib7n BY ORDER OF THE BOARD OF MANAGERS Minnehaha Creek Watershed District John E. Thomas, Secretary -2- INIINLI'NIII:NT M'111Nll. lllfl'NN TITI �9 NO�. �i'r r1ir11+rTmnrl nlnl WLntl.11 _,.I 11; mnllmr In eG lmrnrr lln ,I NI1111111.\1'11111.If MU.MIIi ITI� M :M1Nnrl All Ym4Nnm nv p"r•nrlyd nl Lr LMr !L 19-, 11r4 nn l.flrwrr11, •nL vnnl Mmrl m-ling innr.rnr,AAre will, DYlrf•11'Mn'Y I0111 1.I>I4rm11 Mogl. Mlnm...•1n \S.Ifrl SEP NxnYn111m A11 r xnl,1rtl,m Itrmmfll In Nr m j nM N 9 1935 v a IaINmNY Un . o wl,o , D. 1rmn1 wq ynY Mrrrw.. wu1. MMIUTAM M:IIINM WIND W.I:l ID Ilr IlxwnX;lwnr Ixp maul Ilml lenrow Ilnl•mm� wrn All im Nn D1115 WYMY. AMID Hr IMB l:MA4r•fi ndnl it Iln U.- will rrrlrw Ihl .nbnhow nl IYllxllr In lx•xW^MI Wp. J. 1'Wil 'y" Ly��j rIal I.. rml r Mnr,+wn ••,I,l 11nrr bow mr Yrn. CITY OF O4\VNO .. In 'I.l bnl'Irmr•nlnll/m nrlr Ilr^nnl II „mdrlM bxw Ilwl wq. A"MMIN11Mrl Ilr rq;nl:n n rr•Ilrl[ rd ILr 4bnl IMn1 n _Ik" In rwkr nl lrll5 UM:ATMMI Ir.u,. In Ire Ir:lur IMII nl INr bral.m4n I.... nllY 1'rnln 4r Imr,di 1.11 nrl•. nil un:nl,rn prvrll rnlM •e.....I n:M1+^rnl. N lllinm Y..1.44....1r. lu nllnnArr:r w r Inn1,l mnnlx•rt f.MAh.•i.. I lx•nrq;. IYlvh. NIIrMr. IIxI4mr11 nxl M1mxl1. Warr 1.1 nn LANVUAUI. llm b"..'r ArM1 1'nmmOlrc 1nrmMn prnminl IM krwwwrA mrl W_w Vllw• In nll•wYxn wrrr Wywrintrruknl AN" r•wIN....lux, G. UI..Y.w[r ArAli,nlrn.nlnm. h n, n l I-! •.wM[ x Mrrq,.:xl. plxtlwk. •Nrr•9.ww. nXwrrlmxt, Irnrinn, .InlfN rmlr:n CURKWULUM Irlx 4111 r nnh 11101111 14,IkY IY.111 1. fonmlll••r In. wkl mp•+rnlullrra, n ... mmnlw,. pinllr mlxllnn rnw m,ex, r1 p9 rmml I'I.vW.vn NYrrn wwk L. It1'rirc .— nxillr. 'gml nmllnM1. pr.rmnllrr.. qvr AlrgmMr, I nrol TnlMf+m. lkwa AnumX. Il.kn GpF+. m AmM xxl Jwnxnr (',xrrxxv llw IbrrN r rmk4 Ill, wmlNrc fx Ilww .vlrmlvr .mY ,n IYn p+nMrl. N ..mtlnl Nnl I,rnmrr IRMM 1 hmrrnmr r:Wln: L wrlrmnr.l Iln nmllmrc nnl nrwnmrnl Ilu.l I II ,Ymm 'rr Mnv M fp Y n nM 4 tl rrm4Ww, wm0,1 I.A. INM'WMIIN a rnxl nxrMxlum In^mllnllm. w•w41In pramlM. I+ r 1 I VA. 1'rplrr IhI net wuul9 Im .I n IN, mwMwr W Irr 1'KN r'mnmlll/'rgrrymrlr,l W Ilnl4rwr11. Ilr ..I 1hr nh111Hm nl r vl•M D!rnN Ilan A. I'rrvmnol Imn .4nn. VDID-111I11 Inl Imp,trr ,Anm Yry LA IM 1'IINNM'ULVM pq+„nl nwrlr.N,nn Ire Ur llww I..... ,lrr /ry n,Wmrnx Is, nr LNnvL'Ilk., /m Mr. IxHllr ll.0.11 fmm llr M-1w. M..- • n L/.1 nmMIM In e•.mYxm wtln UMhin 1'011r 61111 1. 1'rxrxxn.r L.IIn• IY]n, wb M1."m x [I,-- n mN•n m k.mr ... IIr vLmd err, 1Y...•I Yym. A•Imnmm:ln.-I.-A.q 1..n.bn N,IIrrr1 Ibnwn A., I*— It— w m Ylrn pn.nrl (-1.mrmin•n mollml rIYlIVnrmAn m.."n.H. rin Inky. uMAin.4 Ilnrn r.l Ilw 1!uMrm1.4.11 If n,mbNMryr rmYIvlr III..4 .. /mn1=nfMxn,l nnn,Irrr 1'rILrvr l:nrIfl ..4S44,uLL.YL-0vr rlInYMun1Ml lr.h.4. I..r Ib.ul Ifnnn, :n rol-, kw Iw nwork M nlJlXnr.l 'l�•Ynr mluvRr+lIxl'n•I � uI4nru Yxn.` IIxr l.NlIll "kw-zl In IM.•.I[nhlI rwrFTIluY nmld4:bA lkn Iu. hrhi 1. lmxw", m npNllr. -1 fmw. "I I'M•.4 1.1twI.IM -br4 xl.. MUTLII AND Inns Lllm.n mH Ihr IbfIM wwA Tnkrrinl .nmxn.l w/i.iy _wD.- TALLNTNII I^'^+.IM Y .,., In 1. bn1 .n 11r n n •.r Iln 1Innl .m1 NNMRT InIrnIM • rrWnm .qUn Iv u. rY.nnl. Mnn,l..ra If In MNIq r'Inib•.T m^w:l rml I'fl+u .mYN Ilu• mallet Ir nryn•n• Ile mi14r em !:Mq U.-I. Trnm L+..Yr, q,iYr, I,mJ A/PMN1111 m.mlln of Ilw \m,ql IIN!nm.x n:nnl %,-A IYmnl m-,,,q IF lnly LAMIw,. Ib.f Ilnnr mW Iwrry IJlmq. llr rn,nw111wr •Wx.m':I n, luxt nM IM .pr ml rN,vrl II -lama of July 1. JIh I...+ml MMmI Yln In Ill pgnrx Irw Mx• nlftlm nlmM vnl mul .MA.In K.- . IgM1. N11N m ,Nr.mrbn. n uAI . rdl rnlr Ilmtl4+l In nnnnlmmn .1w1 9.r41 M1.rn Y . ea':Aen h, km &I I. I.. Y Mmml .xq. yy..nnl. nW Wnr. Iw.rl[ nrnml Dn IMr,I rnlu`I^'1 n Iuu. m+l m nwMMxw Ir•.m li.— Inlrr m llr m NW n. Y'#M�NIIE IYn 1'n-.yxxl Inll.n +rlrl lr Prr rrrarrrl ,A mlrn MIMUMTM W q!,wY .Irm 114, A Lvr'1wr\ Nq..lubrn .-Ill wn r. 1-4Mr1 MLI'Y9 Irr rMuw,m. nqr+. rn... nl a.!Y rym ow \.wml It, rhnPrq nlr: nl IMI n rnbnl4n M .Ix' •yrnn.rwYM npvl will Y .A ............. Imnul Dr.." I wkw.. GWAIrvL n+1rv1 ..,r mr Nrmr J Ibn grNM In ,rNm Ilr' D.S.I I I..ntlll.r will Ir' •IF.:r.m...FnrY Ilan IH. Wr• m1 INM'VAMDN .Ir LLvn.l. mrr rmrn.rnln I. Ixn rl....1 Irnm IA, 1 npwX Ilan III. IYr, WA, IM wm.Dxr'. r.q IInY IM wet Y.n. I.. 1.l .Iw 1': Al.r prrn4rM nn:l 1N:r nw.w; .n .ylwr IM.IIm N. LnY!IAIx r unb O/w'l1Y IMx{n 11 IMnI wn.Mrr IYI.rA nx,mw M Ihl I\ .rw Mr' PMb "NINNNNM Ib.-r nraN mrl IIn14.nr11 .. e4n. Ilr' net : nlMrrr Lv nw m IM Ysbl A . ur,\I .Irr,. M r-, RN m .....'n. hnMx'.xl Nx"mnNh nM Irrr.,nrr. Nq np na mini n "Haw w.-I It k, 1nlmr Iran. Iron Ml.waAw MM r,w.,winl IM x.YM A .hr Tbry I 1- yrmb tl.'m / 1. MD. q : n,ll .nil n nna rnllr.l nln^ +rrn Wnn ..wrllmD In .4.m qq .Mw r.rww. oa, I4..• h MrringNP nml nil nn nb r n Uy ,. n.l 1 rr•rmnu, M...., lirYvnlun nl fru.lwn prlrrxr MNry Ixllvn, n•YY.'.vrl IN, IbFtl m Ilx Inn hNl'141 Ir n.Jwn n Il..r \nry;un null MI. 1 mn 'M Ivrwrl in r4n'rV 11✓91 rqurrn nl.n. IN. •r4nrb.Y1. AY111'IpL Yll. Or. LIIMnn Wn.rplwl n nygl M IM Alnl. IMYmrinn•nl\ Hurl IxN YIrMOOM11Ni Jnm 11.1 ... IN" r .xdlnrrtl mx A-wl li«wllm ". N..- NI:1't14r Nr. mInnet-rmlrylu.nrnmmly INwA of 111-unplrlrm'n-el.. 1•Y.Y.W INNI:1. I'Ix NnvN m rrd ✓nd Ilnllo.",-oul•r1111. mullet Iv rypnM II, YYgIMAI'Mlq 11'.Arrrn1 I'rnnwrbrn, N.IrvI In IM Yrnwl .'t,AeN Ilrm of and .IiIu.n fu1 Inblrr, Mu, 'hunt., ANx. rinlgxMl Al...... r 4N Ali IN' 1U.N.-IN 11.1- of YU.rm'r m4xM mllrp 1M1 r,r.I.y Iw n.•1 nnnm-nl nNauvxl nml n 113 mlr unahl xlrlx•rvo U., X loin. I-n-A No. In rrywnl[ IL Mn r fro Aran A.Mx•rp, x11L A..rml Lr NNIAC mvYiy I..I AN" ..nu. bA. IN mll ..A Yob In ••'Inrnlr. all nmufl- W.-I A -I roll n I.rMH mr IN, ,ny;lnxl ...-id mvd.Auxr ueh .1.... ml.I, n.InY Nuo mime- -ul. \ r,41 . n11 vmr n Inllnl . Mwnlnl dr. OA A,... loll mru 1.- Ynbq NII. N14 ✓'. Our W.-knnrl, IMIIAMAYIIM I LrCaq al -I w1 Yllvl. v U., Ilw nrnllm to YNnr.rr Nx• IWr 1wnT n NII-1 I. .,-. tl.vn If" Illh4lr n nil all I'll'-•1. It mums Illml On .rd.n ,imn. NY. rr nIIYN'Y. Mrx.1 nr.Y.n "OAT UWNOF I.YA16 Cu11NYN1., TIIY. Y'lll Nll. MIAYII IMIIJI IIIAWIV MYJY.1 f All -Milk MIMIYINNVN, INC. M A Y YIMNINII, INI'. IYU, AYAYIINb IN AN AYIIUNf OF A}l,lp pM IIII.Y N. IYIYI AMIr W IT YUYTIII:N AI'Lll.v1:N, 11.1 IN, M-14- NIrMy n rrVl IM bd a to IrF•[ IIrYNr4, IN . low.,. 'y�x ve N•I, .n nm.xnl IN .4 IH.Nf In, ANN .M mlia rnrnxl' Y.xx✓WI Ye.1.NI eml Ilx' N n.hxia'rrmMrl r 1'glrr. nll all r .... ......I.., ... 1.NAnn.11.1 ull u,r...n .. uIllNMm.xn NVnn • nl MYW4 IM'brp n Nr.1 .«I Ol..rll vmY•II lu h.rrnVw P^I••w•. .I. wANn,lln YpnM 11. Y. Nn UIW 14Yn•TI I n. Im LM IN un I .d s1l.l. Inn w In., '. I, Yx.v1Y✓Ii 1 .+nl •imn leJ An. AIIr, I.- ill IN, Inryllllr/lrlwNnb Wn !Nn..n -1 I. ... rr✓4. xm .. lu .- IN, nw4m, n mll ..11-;, IN A...uun..n ...loon.. 4'IN.N. I'ImN.- q mow"1 nnl I4rv4 w• A IM mw In YWnvr 1 .."A"Y141MM IM'. IN Y1✓M Fun,' Mnminr A'~4nww1 ., X..rd In nNL .. I n.N.n YI NIM Ili Yr1A w .N.r uw, . "M ..,I v..lr nadil.l In ...........m IFA,l r srs. v'N,MN. I.IN.0 wI . .nA I ran mN w e, Nw^M .rAl] 1«'IM 114 In-. nN114Y`Lm. n-LLdm vl.ly"I r nnu. 101] Ili Npyy m...... llw. r.•.x.l llI. ull r.l l•ov. IM.0 A «M' xJJrrN. n 1 14. n. . n.. IxnNln ml.unxr . v. ry nl II+•Ink ...uv 'nbin �.1. ...Y n Ir....... lr •Ill of nYN.I ..' Inml • nA: r nI.K.1,mu .umxr NI: II' WI 1. Ill, N.4 llnurl. IMI 1'morl., MPAnWrn.. rgwl Yml gYMlr .Ilrn M1x.A ILmrA, an IM Mnvr Lnlrrl lg At. IM nLN« ul rY[N Ilrq YI IM Ix-. rrnlxv, INS &'Iwrl IYrxN mrrbly;. Minn W. veypa..lrrl L. nnC n IwWu In ...... • • ii.Crl. XJL M.Inrllxr rya m rnr. x ...11 roll mlf n mll.+l In uwmrl.,.nn 4gnnnl. YNYY.MBNIIUM 1'4rIMq m rrd .., IYla4 . wxY+l Inr .Irvvw.xi Ixala•ra Ilw SPKCIAL nulrm In nIP^vr n SuI,Nl iM.lnn .I N.4A m nGnxb. ilrm Ylir. NI.I:1`INIII I4:.r'X r.I'M 1..Iuu ml .., Nrlrinn "unlr.l rinn I t m mml: ]. llr[ -1-.Met .hull rNlrr4 rurll+u." hn .1. 1 . I I., Lm.nll•m In rM In IN. P116K•' r.I. nl IrxY lxwYnl 4'IF4 IpJm l Irlr an uYYGrn., IIN, of Y ,rommunw, fullf.. Ilx trlI. In".."In -I IN r, l .'III VuIn 1n nl n•vA.4wr n. full.. NA., .1, nn rW.n 11.1. o« full... r IM .r4ir•'1 A rmlrnn mllMmrnl. nl n Nunrl Yrn P. WNn, Intl I'll' nll. y«An W vllhvl YVMn In MIAwrNyl Y. IN'. « n PI v N n rorulArlr P••Y.rKr lu IM ImmnumA I xNh Y "n.lfi•OY.tnr 14y[ n rM.,- us.-un No IIn, ...-I n•YprXrrK Ilv a'1 Yn Wn mxl Iln wglM«YI IN nI, ...... iI N.- In mutt, n INb muAu luo. Nru. Let n uwl lu Immr llu-I xnl, xdlr n Ir. rwl ur .W Immn er.61 un, o.n,rulrNrr«h, u: A. V. ILI I n«N.S If .IINIrYrNr Y.IY aYtYY d .Mlr. In IN, II. b.r f IM T[Y sAI, ti.ry M, I.M. X Ilu. 'a IdJ IbN ynN Am AAFNIN IYY M'K) .NI«ra Irani, YNrw On, Yr914..1 .M am4VM. Fr lhnkn•d'Nor le At'.. +Fr 1Y1. All. .Yn nJl •xN nAr -Ill r1Y I IIN, NII. INW-N N.I. ..I llanlut, I...A . m.'x- Youn, 11. W.1✓w ..-f. I...... l 1. n..«I h, n Mw1,H IN— n n4l . all «II . 1' J In IN, .w«M rr.,AY.w ..IL KIM-N NII. RLa.Y Nn. ,Irl llr nlln`r I... m.'ml+`.• r.FI.M AII.. Y.A,.w 1 ,..". III low NY.I rr.uNN,w rwl l... "I'MMNNf y Nb.T a lL.Y w n IN w w In 14rnN 'I. M.NTM'm !NF F.-. Al \Twn, I uwll mr AILNylY1 .LN A I'WNNYYhNT •.I', ...M..,".On wN rAN -1,nm.Hornnlh.11-nuu-,-unN,., nw.n 1Y,«Nr. 1'I IMTMAIT I VN.'" ou-, wl Yrl..l .1 IN .. n w IIIY ..nl L gm.rwlra•L . L.""ni.N•wY W....l •.• And IIw Prnitult I YI•LIry 11A npAnY .I. ANA;,LM n yn.n �'Irvx. 1.....,,, «I.Ml.m.m.«.. Y, ru.. I....... I eiAnu4 r rnl In n rxl invl 1WhIl11 w mini Ill, I. If =1 IIM• 1 ndl•I,nunl 1 �np1.1Vm I hh".. I. f1 Ibn•1 wall" nM Iw nrn•pllq Ilr r 'ifnnllw IIIdrY1e JM•nvm Awl All I HIM. a lwlmm J. Jl.•IiAA, m ry'r Iln mYYo-Mun Irllm nl IINI, •mbn.l. Ilr rwFJ Im IInN r r of r r'rllru nlnll IY mil nNr. .11 nil rm lnlnn YnlnlrrMnlmmn mynnvnI m Iln~mnllm 1•• mnrMl. A 11rr r•II•r, nllmw Ih., inn It ...H nrlr was Inlnl. I. nil un nllnr vnINY gmmnunn nlywr Vnl. 1.1':ANF.1 ar -.I ll✓ w.U— In evi Ilx• 1. 11.1 I'm nnl I..."b ' AI!NIIfuNN1A Irnv' IY rwwh.a na Prv'nlrvlm n¢•rvM Ilan 111r. WJL mr AI'UNfNA." h..rhnln.n011..11 Yn1.'rr+n111r11. NYlnlmr.:•nPr... I. I'll I'IINNF]III.AII I'"hw, 1 1. nml I'll—h wevnYO Ow —h— In ngnlrvr Ilml APPINNI'NBN" Nw WRw•rifthm"l alnll vdnll lu IM "w" IMm nil 111' NN nlnAn ngnlnlmrnla for hImm nPwIh,.I Art- In —.am In Ilm Ilrn rWI 1.11 I'll, Mllr.l with ILr f411nwIthi M-1111 .! 1'na.4 Alnlnlry Ilnllnwrll No.N11iLM 911, with IM ollwr Iln.. mrnMwn ru..m At 1. 111n11m nnnrV. Fryll!I At,,* ryinlnrJ Nw mh+I1lw1 wnnN w mHafma rmm Il.r IYMI•LnIN L\ Prmm� nvrinll. I'twit. , 1 Ilw• lnynrrvl IVlllrl. A P 1189 wr lxvl In nmrml Iln Vrnr 1. .1,,. H, In rand "It. il. IM IIIIm r.mMq nM nr'Ihn will Nr mllw Ggtrhw rMrrl llhn PIIN.M' Ib RwI1 n•n.l Ilw —,.N j,I of Ilw P.'A4I'nxg.uhil Rrl✓l. IYINII.AINl9 Il rllnvll m mnlrMrl rinma., In Ilan 1. 1 ♦ Nll1 If, PNA'Y wnlnlr^NIm- I.r Ilan 5 rinllnA h.. Z than, Jwll mJ x,rr hNln�4 nrbN wlwllw Ilw I4nr, I...rrly �n ..emm nlMm In r Inx• qI w114ingw 1110.11m.. rh ..-I rm n.hnmr.mnhnY aammrwla m I.. Ixw•n1r •wwRra :0.41 w111N Iw".—w. llw IlArvl I w.K wmdl lw nl Ilw 4 . rI,M'r I4mn1 mrrinR fIy MIMMI: I.—h. A _wl IN pnyxnnl Irw n I.A.., rrVlrlm fur 1'mi-, Illin 1'11YY11'I'M •u Ilw ".mliN fmnmlllm N•IM In wh_Iw Ilnn #I. A. Ilwnr PnY'Y s1m mlmr .NvrinNn rn NA. Nr.rw. Ilw —mvi rrmwY w•mlJ Iw ,n Nw 4p11.mlwr how. mn.11wp. I'11MNN'V LVY Iwllwr¢ —.1 Ilw Ilnt IrnmrY rnn IwJh'V nrhYhm Ir 1'Ilx y Iel lh ry low:Y IwrL rAuln 1'egnllln'. WIIL n. ay¢ralrvl •Lngn. Ilw IYnnl APIytN✓ "ImuwI-- tNMul hx I'-'w•�wl u'mNIR nl Ilw 'r'ptrnllwr Il PII N'Y IIN IWl nrlllN.N A...."Y 4rpxnh r rxl lW hnl w111R w pAl•v ho"wrJ rnlll!. •1 ,\�nrvry ,Mwlllrry IYYhill"Ifl 111 1 In 4•Ixx.l M., I.1"'A',, 01.1. h v vwy^L.I li 11""If ILA .nrlr II. 1 nwl nln I.—h-' Iwlrh Iln' 1.r4 NIM I^'1 nl IM- alnlM nl'llw .r••vnl r Ihma wwl'. Intr IJnn I. h .rMrn. IRN • M na.•1 Mw Ilw ywnml I aw ...m M vwlr_w Ib�m YNPIINNIm ne._ww darw.avn•n 11.1 11w1 AIYIIIINNYIIN'r Ill nirrllnl!n'xa m1Y`r'nrvI nI ll!?1 .m. Fni4GGi v? U.N. i9nT - 1vilLnrn Q. f:mAirdn, r Lnlrnvnn nmplrin M1rrnnrnlnllm rnn tr NvM In Ilw nifh-W mnmlr twwA. CITY OF ORONO i 2"N' R_ GISTFIRFDEA b84 SURVEY N° 41 WENNEPIN COUNTY, MINNESOTA V etc EoaN. FIELD allowAK�a En ricers f �urvcyors I `�,,�ti .lanua", I% s Nno4" Iron Monu+etnl �� �+ S "4�s O I.� L '• K . moosk, e I , ScAir. f"4.00.`�, O � Ill • y ., NA -'Q•Ok 41 hereby cert$Q that .ri accoroance c 6 wi4h 1'ne provisions of Chapltr S06. • Minnesola Staluits of IU5, as amended. I have surveyed the F following dcscribcd Iracl of land in if a County of utnnepin fir. and S4a1e of Minnesola 4owil:- A .w _ " ��-" All lh;,l part 0f Lo{ 71, PHEASANT .'+i,?•�. J /;/ Mt���TOt�111v' LAwN,cucep4 Ste¢isicred land Survey N' 35B and Qc�,slercd 'tang Survey w NQ 41t,fi{es of the Re01rar of Tillo:, cnnepin Counh•, �� .>r• Minnesola. *�a / V DA8 this z.mv day —Al 15SS. �o a -- $urve�or hlinne o e Re�tylralion N•2264 4b1684 OyInC% Of RZCISTRIIR CT TITI.F.3 NKNNKFIN CUuN1Y MIN •F. .)IA E 0 1 iid6`/ C•rtirs Tlgt th► within Ro •'• " ; 9/� FIINof Rtodw of Titim Canq M HMnpiN w>r I'dw in this offics Ih11zLz.4@r to wsW „-MOV A D,,Ptt.t—,/— o'c1ock!+h. 1IVkhl F. I:TZlMNOMS, Am" DC%ALD C. f tNWNOIF R°tNho► of Tom -. .•iM%ln�T�V•n _ � SGAI.E �°fSol 4 4tH T o o g �' 8 � Sep�e,rbac q 1�4sS 7,�.r; ros• i N o,(,a E2+Ile i . A MML A ASSM INC. ORorJo h I o N�SOTA OF-oIJo CaoLF LO✓ P L 47VI � �anro a■ems � �'M' 1 E: JWLY 2t mss comm. 13918 IaIZPDIIJ61 pt.Ahl PPPCPAQ2Q FOQ DAVID C. &LL INV. CO v PQE'LIMINAPY PLAT OF= LOWS 3QD ADDIT/