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12-09-1985 Council Packet
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 ATTENDANCE 7:01 PM CONSENT AGENDA* The Orono Council met on the above date with the following members present: Mayor Butler, CounciImembers Frahm, Adams, Hammerel, and Grabek. The following represented the City staff: City Administrator Bernhardson, Public works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Consent Agenda* subject to the following changes: Addition of Item k's 26,27,28,29,30 & 31 to Consent Agenda Removal of Item f 3 32 and 33 from Consent Agenda upon request by Mayor Butler. Motiog, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Minutes of the November 25, 1985 Council meeting as submitted. Motion, Ayes 5, Nays 0. LAht MINNETOMIKA CONSERVATION DISTRICT REPORT: LIk.. ORDINANCE - VWNBER OF BOATS AT RESIDENTIAL LOTS t'ity Administrator Bernhardson reviewed the first ,ad.ing of LMCD's ordinance relating to the number of Laats per dock and their permit regulations. Councilmember Grabek stated that he felt the property owner snould be allowed the current maximum of four boats as long as they are registered to the property owner. He stated that the LMCD would not actively enforce this ordinance, only upon complaint. He stated that it would impose a burden upon the lakeshore property owners and that the lakeshore taxpayers should not. have to pay another fee. In addition, he felt that issuance of the permit should be based upon proof of ownership registrations, not based upon a decision made solely by the Executive Director. Councilmember Frahm stated that he agreed with the intent of the ordinance, but felt that it would be difficult to enforce. Mayor Butler stated that a property owner should not have to justify to the LMCD why they own more than one boat per 50 feet of lakeshere. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 LMCD ORDINANCE continued It was moved by Councilmember Grabek, seconded by Mayor Butler, to direct Orono's I.MCD representative to vote against this ordi-.ance and transmit the Council's concerns relating tc,, the ,.:e being required and decision being made by the Executive Director. Motion, Ayes 5, Nays 0. Councilmember Grabek stated that tie wished to speak out, for the record, regarding the LMCD Executive Director in order for things to be changed. PLANNING COMMISSION COMMENTS Planning Commission member Paul Taylor was present and had no comments at this time. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #852 WILLIAM GREGORY* 1410 SHORELINE DRIVE Upon applicant's request, it was moved by Councilmember Frahm, seconded by Councilmem...er Hammerel, to table this matter until the January 13, 1986 Council. meeting. Motion, Ayes 5, Nays 0. #973 STEVEN RUCB/SCOTT LUSE* 4625-4665 WEST BRANCH ROAD IAT LINE REARRANGEMENT - FINAL APPROVAL RESOLUTION #1891 Steven Ruce was present for this matter. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1891 approving a metes and bounds subdivision of a lot line rearrangement. for Steven J. Ruce and Scott R. Luse. Motion, Ayes 5, Nays 0. #929 LYLE E. RAHN 1146 WILDHURST TRAIL CONDITIONAL USE PERMIT RBSOLU?ION #1892 City Administrator Bernhardson explained the request for a conditional use permit and variance for continued use of the existing guest house. Lyle Rahn was p-esent for this matter and stated he had read staff's proposed resolution and basically found no problem with it.. fie noted that the quest house does not obstruct views and that no neighbors object to the continued use of' the guest house. Mayor Butler stated that she felt removal of the structure would be more detrimental than 1 ea v i ng it as is. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 #929 LYLE E. RAHN continued Councilmember Frahm stated that he felt this application should be treated as a new conditional use application not referencing the previous records. It was moved by Councilmember Hammerel, seconded by Mayor Butler, to adopt Resolution #1892 approving the Conditional. Use Permit and Variance for continued use of a guest house as recommended by staff. Motion, Ayes 5, Nays 0. #980 RICHARD M. REAVENY #982 JOHN C. LAMBIN 3423 SHORELINE DRIVE 3405 SHORELINE DRIVE PRELIMINARY SUBDIVISION CONDITIONAL USE PERMIT AND REQUEST FOR BUILDING PERMIT COMMERCIAL SITE PLAN REVIEW Upon staff request, it was moved by Mayor Butler, seconded by Councilmember Adams, to table these matters until the January 13, 1986 Council meeting. Motion, Ayes 5, Nays 0. #986 GEORGE ROVLGNO* 2010 SHORELINE DRIVE VARIANCE/CONDITIONAL USE PERMIT RESOLUTION #1893 OF DENIAL It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve Resolution #1893 denying Mr. Rovegno's request for a variance and conditional use permit for construction of a fence. Motion, Ayes 5, Nays 0. #988 JAMES E. MERTES 3237 CASCO CIRCLE RENEWAL VARIANCE RESOLUTION City Administrator Bernhardson explained the request for renewal of a lot area and lot width variances previously grantee' in February 1984. Councilmember Frahm stated that applicant should be put on notice that no further setback variances would be granted to this property. Rosemary and Jim Mertes were present for this matter. M.. Mertes stated that they have not. yet designed a home for the lot but are considering a 2-story 35 foot wide home. Mayor Butler stated that in addition to maintaining the required 10' side setbacks, she felt 20' between the adjacent house and new residence should also be maintained. Mr. Mertes stated that by maintaining 20' between the adjacent house and proposed home would require him to build a home less than 35' wide as planned. 7 MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 #988 JAMES E. MERTES continued Council stated that they would like the survey to inclucie the location of the house to the south. It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to table this matter until the January 13, 1986 meeting in order to amend the resolution incorporating the 20' setback between homes and pending a survey with location of adjacent house to the south. ,lotion, Ayes 5, Nays 0. #994 FRANK KOKESH 4100 WATERTOWN ROAD CONDITIONAL USE PERMIT RESOLUTION #1894 City Administrator Bernhardson explained the request for a conditional use permit for a public riding stable. Representing the applicant's was their attorney, Lou Oberhauser. fie noted that the applicant has never rented horses to the public and has had a maximum of 5 full-time employees. fie stated that applicant felt that review of the condtional use permit annuall•l was unnecessary. Zoning Administrator Mabust.h stated that the Planning Commission recommended annual review in order for the city to keep tabs on the operation. It was moved by Councilmemter Frahm, seconded by Mayor Butler, to adopt R--solution #1894 approving the conditional use permit and variance for a public riding stable subject to the following conditions: 1. The total number of full and part time employees hired by the applicant's to assist in the commercial horse operation shall not exceed the level of 5 employees except for events covered by a Special Events permit. 2. Horses maintained on property shall not exceed the number allowed per Section 10.27 Subd. CA). Motion, Ayes 5, Nays 0. CITY BNGINFER'S REPORT: CO*TRACTOR'S ESTIMATE #5 A.R.I. CONTRACTING INC. It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the Request for Payment. #5 from A.R.I. Contracting Inc. in the amount of $35,887.89 for Crystal Bay Sanitary Sewer improvements. Motion, Ayes 5, Nays 0. 4 MINUTES OF THE REGULAR QUONO COUNCIL MEETING HELD DECENBER 9, 1985 CONTRACTOR'S ESTIMATE #2 WM. MUELLER i SONS INC. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to approve t)-e Request for Payment #2 from Wm. Mueller 6 Sons Inc. _.n the amount of $61,108.55 for Willow Drive and Crystal Bay Road Overlay. Motion, Ayes 5, Nays 0. CHANGE ORDER #5 CRYSTAL BAY SEWER PROJECT City Administrator Bernhardson explained the need for Change Order #5 in order to allow the capability to provide emergency power to the 'lift atation. He noted that this item should have been anticipated and provided for .in the sp,---cif icaticns, but was not. MAYOR'S REPORT CABLE TV REPORT: RATE INCREASE* City Lngine4--r Cook recommended approval of this change order. It was moved by Mayor Butler, seconded by Councilmember Frahm, that the Council approve Change Order #5 for the Crystal Bay Sewer Project. 85-1 in the amount of $3,622.50. Motion, Ayes 5, Nays 0. Mayor. Butler had nothing to report at this time. It. was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council of Orono accept the information as transmitted. Motion, Ayes 5, Nays 0. CABLE TV PUBLI: ACCESS* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the Council accept the information as transmitted to Council without further action. Motion, Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT: H1vHWOOD ACCESS RESOLUTION #1895 Following a brief Council discussion, it was moved by Councilmember Grabek, seconded by Mayor Butler, that the City Council adopt Resolution #1895 limiting the access of motorized venicles on the Highwood access between hots 23 and 24, Highwood Lake Minnetonka. Motion, Ayes 5, Nays 0. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 SUBURBAN HENNEPIN COUNTY PARK DISTRICT PRESENTATION AND NOERENBERG PARK Representing the Suburban Hennepin Regional Park District were Marty Jessen, veil Weber, and Bob Wick: d . Mr. Jessen explained the background of the Park District's structure noting that Minneapolis is no longer a part of the Park District. He reported the significant changes within the past year. Mr. Jessen presented a proposed site plan for Noerenberg Park. At this point, a short slide and sound presentation was made regarding the makeup and budr.yet of the Park Resnrvc•. 1535 B()HN' S POINT ROAD Representing Mr. Ulrich was his projcet conoultani, John. Noble. City Administrator Bernhardson r,-!viewcd ataff's tacmo regarding tY '-eight of bui lding. He noted the, based on Orono's cu_ ant code, the building is in confornidnce based on the "mean" height. Zoning Administrator Mabusth noted that regarding the issue cf grading and filling, a landscape plan will be submitted along with ari application for an after -the - fact conditional use permit to the Planning Commission at their January meeting. Councilmember Adams stated that he felt a maximum height should be addressed in the ordinance rather than a "mean" height. Zoning Administrator Mabusth stated that she felt being more restrictive in height might tend to dictate the size and design of homes. M.L. and Virginia Sweatt, 3225 Bohn's Point Lane, were present for this matter. Mrs. Sweatt stated that she felt the height and massiveness of the structure does not conform with the spirit of Bohn's Point. She believes the City should have maximum size restrictions. Councilmember Hammer.el stated he felt projects this size should be presented before the Council for review before issuance of a building permit even though they conform with existing code. It was moved by CDuncilmember Grabek, seconded by Mayor Butler, to accept the information from staff regarding the Ulrich property and continue to maintain a vigilance of the property. Motion, Ayes 5, Nays 0. 2 MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD DECEMBER 9, 1985 LIQUOR STORE OPERATIONS City Administrator Bernhardson reviewed with the Council staff's memo regarding the liquor store operations and the strategic business plan for 1986. It was moved by Mayor Butler, seconded by Councilmember Hammerel, that the Council take under advisement the information given by staff and that the item be placed on the agenda for January 13, 1986 for discussion. Motion, Ayes 5, Nays 0. LAKE 14IMMETONKA USE AND ACCESS City Administrator Bernhardson reported on the direction taken by the Metro Council Task Force which is recommending that no additional access points be established on Lake Minnetonka should the communities involved F.rovide the necessary 700 secured parking spots. It was moved by Mayor Butler, seconded by Councilmember Adams, that the staff be directed to express Counci l's direction regarding Lake Minnetonka use and access at the appropriate meeting between now and the January 13, 1986 meeting. Motion, Ayes 5, Nays 0. 14IMERAHA CREEK WATERSHED LAKE MINNETONKA LAKE LEVEL POLICY It was moved by Mayor Hammerel, that staff Watershed District recommendations as it level control policy Motion, Ayes 5, Nays 0. HEALTH INSURANCE Butler, seconded by Councilmember transmit to the Minnehaha Creek the Council's concerns and relates to their existing lake in preparation for its renewal. City Administrator Bernhardson reviewed staff recommendations for non -union health insurance for 1986. It wa!s moved by Councilmember Adams, seconded by Counci. 1. member Grabek, to app-ove Recommendation A and �•��.ir,�,,,.,,�,.,,.;,rlk2�.e . Recomi,endations B & C for further- discussion. Motion, Ayes 5,Nays 0. CITY VEHICLE POLICY --It was moved by CounciImemaer A%Jams, seconded by Councilmember Hammerel, to ad,)pt the policy statement regarding use of City owned vehicles as presented. Motion, Ayes 5, Nays 0. PLANNING COMMISSION AND PARK COMMISSION APPOINTMENTS FOR 1986 City Administrator Bernhardson reported that Planning Commission members Kelley, Taylor, and Sime's terms were up and Park Commission member Lester Ke.l ley's term is up. He noted the potential candidates listed in his memo. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 APPOINTMENTS FOR 1986 continued Mayor Butler stated that she felt uncomfo -able with re- appointing Planning Commission member S � ie. She noted that she felt Mr. Sime uses his positic:: ds a Planning Commission member as a launching pad for other outside endeavors. She stated that she would like an opportunity to interview other interested candidates. ALBERTA STROM RESOLUTION #1896 It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to table this matter until the January 27, 1986 Council meeting for the opportunity to interview other interested candidates. Motion, Ayes 5, Nays 0. It was moved by Mayor Butler, seconded by Councilmember Grabek, that the Orono City Council extends its condolences to the family of Alberta Strom on her death by adoption of Resolution #1896. Motion, Ayes 5, Nays 0. MUNICIPAL STATE AID r '.SIGMt.TIOM* RESOLUTIONS #1897, #Xj98, #,1899 It was movec: by Councilmember Frahm, seconded by Councilmember Hammerel, that Council adopt Resolutions #1897, 11898, and #1899 establishing the appropriate Municipal State Aid road designation effective January 1, 1986. Motion, Ayes 5, Nays 0. REVENUE SHARING* It was moved by Councilmember Frahm, seconded by Coi,nci lmember `iammerel, to a^'rove the transfer of $18,561.55 from the P.. venue Sharxi,y Fund to the Improvement and Equipment outlay Fund for reimbursement cf 1985 budgeted expenditures. Motion, Ayes 5, Nays 0. COMIUMICATION EQUIPMENT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that. the Orono City Council approve the expenditure of $12,845, a $644 increase over the amount budgeted in 1986 for computer communications equipment. Motion, Ayes 5, Nays 0. EQUIPMENT AND MATERIAI. SPEC 1986* It, was moved by Councilmember Frahm, seconded by Councilmember hammerel, that Council approve the specificationc and documents for furnishing equipment and material for the year 1986. Motion, Ayes 5, Nays 0. SQUAD CAR PURCHASE* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council approve acceptance of the bid award of Hennepin County to Southdale Ford for purchase in 1986 for 3 squad car:. Motion, Ayes 5, Nays 0. 8 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 METRO WASTE CONTROL/* ORONO INTERCEPTOR PROJECT It was moved by Councilmember Frahm, seconded by Council►t►emt-r Hammerel, that the City Council accept the information from staff relatina to thc. MWCC/Orono Interceptor. Motion, Ayes 5, Nays 0. 1986 CITY FEE SCHEDULE - ORDINAUCE It was moved by Councilmember- Adams, seconded by Councilmember Frahm, to table this matter until the December 23, 1985 special meeting. i-:otion, Ayes 5, Nays 0. 1986 SALARY SCHEDULE RRSOLU?ION f1900 City Administrator Bernhardson requested that the six liquor store employees and salaries be deleted from the salary schedule to be reviewed at a later date. It was moved by Mayor Butler, seconded by Councilmember Adams, to approve the 1986 Salary Schedule as amended. Motion, Ayes 5, Nays 0. SPRCIAL COUNCIL NESTING* It was moved by Councilmember Frahm, seconded by Councilmember Eammerel, the City Council has been informed of the special meeting set for December 23. 1985 at 5:00 PM. Motion, Ayes 5, Nayes 0. POLICE OFFICER EMPLOYMENT It was moved by C,uncilmemLer Frahm, seconded by Councilmember Hammerel, that the Administrator be given the authority to employ the foliowing individuals that meet all the City's criteria on the dates listed in memo: Brian Clark James Cornick, Jr. Mary M. Hensel Mark Thomton Motion, Ayes 5, Nays 0. SENATOR DAVID DURENBERGER'S STAFF VISIT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, the City Council has been informed that Senator Dave Durenberger's staff will be available to the City and the public for discussion regarding matters }candled on the federal level on Thursday, December 1.2, 1985 from 1 : 30 to 4 :00 PM in the Council Chambers. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept City Administrator Bernhardson's information report regarding: Crystal Bay Sewer, C.D.B.G Special Assessments Program, Hardcover, Administrator's Goal Flitting, Golf Courst-, and Stubbs Bay School. Motion, Ayes 5, Nays 0. 9 MINUTES OF THE REGULkR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 CITY ATTORNEY'S REPORT City Attorney Blatz stated that she will be on vacation during the month of January and will be unable to attend the two council meetings, but the City will be appropriately represented. LICElISE* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the following license: Mr. & Mrs. Frank Kokesh - Home Occupation License 4100 Watertown Road Sell by Mail Order/Telephone - Tack, silk, etc:. Motion, Ayes 5, Nays 0. BILLS• It was moved by Councilmember Frahm, seconded by Councilmember Hammere1, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 5, Nays 0. 11D:TOURIIQM? It was moved by Mayor Butler, seconded by Councilmember Grabek, to adjourn the regular Council meeting at 10:21 PM. Motion, Ayes 5, Nays 0. JtTy *4-aiiifi, / 1 C ce s� City Clerk Marylams, But er, Mayor Tim Actinc 'Mayor 10 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, DECF.MBF.R 9, 1985, 7:00 P.M. (*) Asf_e::isk items are considered to be r.outin? 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. 01Irr ROLL CAI;L►a�1' 1 . CONSENT AGENDA* ��y 91985 APPROVAL OF MINUTES Cl * Requiar Meeting of November 25, 1.985 V I-AKE MINNETON,A CONSERVATION DISTRICT REPORT 3. LMCD Ordinance - Num'�er of Boats ac Residential docks PLANNING COMMISSION COMME'UTS - Paul Taylor Representative PUBLIC COMM'PTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4. #852 William Gregory, 1410 Shoreline Drive (Tabled tc 1/13/86) * 5. #973 Steven Ruce/Scott Luse, 4625-4665 West Branch Road - Iot Line Rearrangement - Final Approval - Resolution 6. #929 Lyle E. Rahn, 1146 Wildhurst Trail - Conditional Use Permit - Resolution #980 Richard M. Keaveny, 3423 Shoreline Ur e A) Preliminary Subdivision B) Request for Building Permit Prior to Final Plat Approval - eesolut.ion A. 0982 John C. Lambin, 3405, Shoreline Drive - Conditional Use Permit and Commercial Site Plan Review * 9. #986 George Roveqno, 2010 Shoreline Dive - Variance/Conditional Use Permit - Resolution of Denial 10. #988 James E. Mertes, 3237 Casco Circle - Renewal Variance - Resolution 11. #994 Frank Kokesh, 4100 Watertown Road - Condit.ionai Use Permit - Resolution CITY ENGIlIEBR' S REPORT 12. Contractor's Estimate #5 - A.R.I. 13. Contractor's Estimate #2 - William Mueller & Sons 14. Change Order #5 - crystal bay Sewer Project MAYOR'S REPORT CABLE TV REPORT *15. Rate Increase *16. Cable TV Public Access/City Administrator Meeting CITY ADMINISTRATOR'S REPORT 17. Highwood Access - Resolution 18. 'iburban Hennepin County Park Presentation and Noerenberq Park 19. .a35 Bohn's Point: R:;ad 20. Liquor operations 21. Lake Minnetonka Ilse and Access 22. Mlnnehaha Watershed Lake* Minnetonka 'ake Level 23. Health Insurance 24. City Vehicle Policy 25 P lann.inq Comin�s$lon and P� k t'O "i8fAFT' 4ppointments for 1986 25A. Strom Me�maria . c)mm_•mora n o AGENDA FOR COUNCII, MEETING SET FOR MONDAY, DECEMBER 9, 1985, 7:00 P.M. 26. Municipal State Aid Designation - Resolutions (3) 27. Revenue Sharing 28. Communisation Equipment 9.• Equipment and Material Spec 1966 30. Squad Car Purchase 31. Metro Waste/Orono Jnterceptor *32 1986 City Fee Schedule - Ordinance *33. 1986 Salary Schedule - Resolution *34. Special Council Meeting - December 23, 1985 *35. Police Officer Employment *36. Senator David Durenberger's Staff Visit *37. Administrator's Information Crystal Bay Sewer Community Development Block Grant - Spec:iai Assessment Hardcover Administrator's Goal Setting Golf Course Stubb's Bay School CITY ATTORNEY'S REPORT LICENSES (38*) BILLS ( 3 1: * ) ADJOURNMENT C 9 19R5 NOTICE As of December 9, 1985, Mayor Butler has a new phone number at work. 931-4389 Please change your records. MINUTES OF TIlF. REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGF.1 ATTENDANCE 7 : 0 3 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Frahm, Adams, Hammerel, and Grabek. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, Chief of Police Kilbo, and City Recorder Peterson. AlFo present were City Attorney Blatz and City Engineer Cook. HIGHWOOD PUBLIC ACCESS PUBLIC HEARING 7:04 - 7:37 A Public Hearing was held regarding limiting the use of the City's public access to motorized vehicles including snowmobiles, between Lots 23 and 24, Highwood Lake Minnetonka. APitz City Recorder Peterson noted the Affidavit of Publication l,y �: and Certificate of Mailing. 91985 City Administrator Bernhardscn explained that this request ut 00t,#0 was prompted by a complaint from Merlin Halverson, 4175 Highwood Road. Bernhardson stated that the access has been used in the past as a walking and snowmobile access by the public which has become a problem with trespassing o;, Mr. Halverson's property. :staff is proposing to limit the access, as done with other city accesses, by restricting motorized vehicles. Merlin Halverson and his attorney, Jay Arneson, were present for this matter. Jay Arneson stated that his client requests that this access be closed or restricted. He noted the action taken on other local public accesses. Arneson stated that the public access, which was platted in 1909, no longer serves the purpose intended. He stated that Mr. Halverson, who lives adjacent to the access, has (Lxperienced many problems with snowmobilers trespassing upon his driveway which is mistaken for the access; the seeminq,y 24 hour traffic; and parties within the access. Mr. Arneson feels these problems will not be :,olved by merely restricting motorized vehicles, it should f)e closed off.. Kurt Quady questioned why Mr. Halverson doesn' contact. the Police Department regarding the problems. Mr. Arneson stated that his client has contacted the Police numerous times, but the problem continues. He noted that in addition to the above stated problems, harassment and vandalism have occurred. John Tesar, 4156 Highwood Road, was present as the other adjacent property owner to this public access. He stated that he supports the views of. Mr. Ha lverson' s problems. He noted the danger of an accident occurring when snowmobiles enter the intersection of fiighwoo�: due to the steepness of the access. MINUTES OF THE REGUI.AR ORONO COUNCIL, MEETING HELD NOVEMBFR 25, 1985. PAGE2 HIGHWOOD PUBLIC ACCESS continued Ray Sheeran, 4140 Highwocd Road, stated that his family uses the access for snowmebili.ng and that Mr. Halverson causes problems by blocking the access making it inaccessible. Mayor Butler stated that the city has an obligation to consider the problems created to those who live next to the property, and noted that the proposal is not to close off the access, just set limitations upon it.. City Administrator Bernhardson stated that the barriers placed within the access have been and/or are being removed by the City. Mr. She-_�ran submitted a signed petition objecting to the limiting of use. Mayor Butler read the petition into the record. Councilmember Adams questioned the number of complaints on file with the Police Dept.. City Administrator Bernhardson stated that staff has not yet obtained that information from the Police Dept. Bruce Muiumby, 4116 Highwood Road, stated that use of the access was written into his deed. He stated that it is unfair to close it to motorized vehicles. He also noted that Mr. Halt.-rson has physically attacked his friends using the access. John Waltman, 4182 Highwood Road, stated that he felt the abusers were not within, the neighborhood, but from the public's knowledge of the access. He felt that the first step to closing the access is limiting it. He felt that the public has a right to use of this access. There were no other comments from the public and the public hearing was closed. Councilmember Grabek stated that the dose of this city right-of-way is not for use by motorizec: rehicles and should be limited to protect the peace of the adjacent neighbors. Councilmembers Adams and Hammerel agreed with Councilman Grabek's statement. Councilmember Frahm stated that the hours of use by motorized vehicles should be limited in an attempt to solve the problem before totally restricting motorized vehicles. Public Works Coordinator Gerhardson stated that there is a problem entering the intersection due to the steepness as brought up by Mr. Tesar. MINUTES OF THE RY_Wl ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PX-93 HIGHWOOD PUBLIC ACCESS continued It was moved by Councilmember Adams, seconded by M•iyor Butler, that the City Council direct staff to prepa:.z• a resolution, including citing of complaints for document- ation, restricting the access in the manner and utilizing the means outlined in the attached materials. Motion, Ayes 5, Nays 0. CONSWT AGENDA* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to approve the Consent Agenda* subject to removal of item #21 Ulrich Property upon. request. Motion, Aves 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to approve the Minutes of the regular November 12, 1985 Council meeting as submitted. Motion, Ayes 5, Nays 0. PART( COMMISSION COMMENTS There were no comments from the Park Commission at this time. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: LAKE MINNETONKA USE AND ACCESS LMCD Representative JoEllen Hurr was [-resent for this matter. She reported that new officers we: e elected and she was elected a Vice Chairman of LMCD and Chairman of Lake Structures and Use Committee. Regardinc; the Lakc Minnetonka Use issue, JoEllen. stated that the LMCD is interested in being the accountant of parking places for access to Lake Minnetonka only. She stated that the LMCD feels that the city' s are the best judges of where harking and public accesses should be. JoEllen Nurr reported that the first reading regarding regulating the number of boats allowed to be docked at private docks was passed being: One boat per 50 feet of lakeshor.e allowed and a one time permit fee to register and prove ownership of more than one boat. It was moved by Councilmember Frahm, :seconded Councilmember Adams, that Orono City Council table the issue regarding Lake Minnetonka use and access until its January 13, 1986 meeting in order to allow appropriate time to review Metropolitan Coancil's Lake Minnetonka Task Force report. Motion, Ayes 5, Nays 0. PLANNING COMMISSI04 COMMENTS There were no comments from the Planning Commission at this time. MINUTES OF THE REGULAR ORONO COUNCIL MEF,TING HELD NOVEMBER 2.5, 1985. PAGE4 PUBLIC ::OMMENTS John C. Ericson Sr., 1620 Shadywood Road, was present to address the Council. He stated that he had previously appeared before the Council requesting to build a house on Shadywood Road, which Council denied. He referred to his letter and Survey in their packets. Mr. Ericson believes that even though his two lots were leqally combined for tax purposes, these lots were platted in 1896 as buildable 6P lots and the City should allow him to build on his lot. He noted that when the sewer came through, a stub was provided for both lots. Mr. Ericson requested the Council reconsider this matter. He also noted that he is willing to take this matter to the courts to decide. City Administrator Bernhardson noted that Mr. Ericson never filed a formal subdivision application, only :An appeals application seeking an interpretation of the ,:ode. City Attorney Blatz noted that the courts tend to require that all formal procedures be exhausted vc�fore going to court. Mayor Butler stated that the problem is that the property was legally combined and needs to be legally subdivided to build. Councilmember Adams stated that he felt that there could be 13 to 16 potential situations just like Mr. Ericson's, and therefore it is worth taking to court. Councilmember Frahm indicated agreement with Councilmember Adams. Mayor Butler advised Mr. Ericson that if he wi,-:hes to pursue this matter he should go through the formal subdivision procedure. Curt Quady, 1223 Brown Roaci S. , was present and questioned if the City's •appraiser would be making appointments to appraise the Crystal Bay properties. City Administrator. Bernhardson stated that they are in the process of working on details regarding the process of doing the appraisals in Crystal Bay. Mr. Quady questioned the actual location of the Spates public access, which City Administrator Bernhardson clarified for him. Mr. Quady also noted that he is against (,-losing and/or regulating of public accesses. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE5 ZONING ADMINISTRATOR'S REPORT: #852 WILLIAM GREGORY* 1410 SHORELINE DRIVE It ui,s Roved by Councilmember Hammerel, seconded by Councilmember Adams, to table this matter until the December 9, 1985 meeting. Motion, Ayes 5, Nays 0. #972 SHAVER/TEARSE 1080 WEST FERNDALE VARIANCE RESOLUTION #1886 Jim Shaver was present for this matter. Mayor Butler stated she had a problem recognizing property that is lakebound, but does not have a problem with applicants' utilization of city right-of-way to maintain a dock. It was moved by Councilmember Frahm, seconded by Councilmembei Hammerel, to adopt Resolution 01886 as drafted. Motion, Ayes 5, Nays 0. #974 ERIC J. CHRISTENSEN 90U NORTH SHORE DR.T.VE WEST FINAL SUBDIVISION RESOLUTION #1.887 Eric J. Christensen was present for this matter. It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #1887 approving final subdivision as drafted. Motion, Ayes 5, Nays 0. #980 RICHARD M. KEAVENY* #982 JOHN C. LAMBIN* 3423 SHORELINE DRIVE 3405 SHORELINE DRIVE PRELIMINARY SUBDIVISION COMMERCIAL, SITE PLAN REVIEW i CONDITIONAL USE PERMIT It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to table these applications, per staff recommendation, until right-of-way, traffic flow and parking l.r.sues are resolved and staff is able to present a compreher:r.ive plan. Motion, Ayes 5, Nays 0. #986 GEORGE ROVEGNO 20I0 SHORELINE DRIVE VARIANCE/CONDITIONAL USE PERMIT Mr. & Mrs. George Roveqno were present for this matter. City Administrator Bernhardson reviewed the background of applicants' fence to date. City Attorney Blatz stated that it was her legal opinion that a fence is not permitted within 75' of the lake without a variance, based on reviewal of Section 10.22 Subdivisions 1 6 2 any: Section 10.03 Subdivision 2. MINUTES OF THE REGULAR ORONO COUNCIL MEETING 1lFLD NOVEMBER 25, 1985. PAGE6 #986 ROVEGNO continued City Administrator Bernhardson understood and agreed with Attorney Blatz's opinion. Councilmember Grabek stated he was in favor of complete removal of the fence as soon as possible and applicant should have been ticketed for constructing the fence at the very beginning. He stated that it would be setting a precedent by approving the fence. Mayor Butler indicated her agreement with Councilmember Grabek. Councilmember Adams believed through various interpre- tations that a 3-1/2' fence was legal, but if it is illegal, it should be removed. Councilmember Hammerel reflected Councilmember Adams previous mijunderstanding that a 3-1/2' fence was legal, but was opposed to fences around the lake. Councilmember .'rahm stated he did not .like the fence but feels property .owners have the right to prevent trespassing and damage to t ieir property. He felt that these problems and a solution should be addressed. Fie suggested consideration (I the "opaque" fence. Zoning Administrator Mabusth stated that she did suggest a fence to Mr. Rovegno to solve his trespassing problem. She noted that the it tent was a 3-1/2' fence and not a "privacy" fence. George Rovegno s ated that he would be willing to take the fence down by the ecess. He noted that he is not interested in a variance or ,onditional use permit, he just wants his privacy. He state i that he will abide by any decision made by the Council and go from there, and that his intent was not. to upset the neighbors. Councilmember Frahm stated that lack of privacy goes with that type of lakeshore property, but the trespassing on private property should be dealt with. It was moved by Councilmember Grabek, seconded by Mayor Butler., to require the fence and posts be removed completely by December 15th, 1.985. Motion, Ayes 4, Nays 1. Councilmember Frahm voted nay stating he was in favor of a variance for a 3-1/2' opaque fence. It was moved by Councilmember. Adams, seconded by Councilmember. Frahm, to instruct staff to work with applicant for an acceptable solution to his trespassing problem. Motion, Ayes 4, Nays 1. Councilmember Grabek stated that too much expense and staff time has been spent already in this matter. For clarification, applicant was instructed to come up with an alternative solution and submit to staff. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE7 CITY ENGINEER'S REPORT City l:nginoer Cook had no report at this time. PUBLIC COMMENTS MAYOR'S REPORT CABLE TV SENIOR CITIZENS -Mr. Curt Quady stated that he has been unable to get the city to put a load of gravel on his driveway so he can drive on it reasonably. Mayor Butler instructed City Engineer Cook to help resolve the matter of gravel for Mr. Quady. -Norma Godfrey stated that she felt the city was setting a precedent by adjusting the variance fee charged in the Rcvegno application. Mayor Butler stated that the reduction of fee was made in order to get applicant to appear. -IaDean McWilliams, cited a state statute regarding the safety hazards involved in Mr. Rovegno's fence, and stated he should have been prosecuted. City Administrator Bernhardson indicated that except for the fee, Mr. Rovegno was treated in the same manner as all other persons with after -the --fact variances and that the fee matter would be rectified. Mayor Butler had nothing to report at this time. Councilmember Frahm reported that approximately $81,000 in fees have been obtained which will be more than adequate. He recommended the city look at an ordinance for regulating satelite dishes. He also noted that the commission has hired a part-time Cable Administrator. Councilmember Frahm reported that they are looking for more block grint funds for another medical van. Councilmember Frahm also noted that there is not a social worker from Hennepin County in t hi s urea wh i c►i is a problem. CITY ADMINISTRATOR'S REPORT: MUNICIPAL STATE AID STREET SYSTEM It was moved by Councilmember Frahm, seconded by Councilmember Fiammere 1 , that the Council accept report which designates appropriate streets within the community as its Municipal State Aid system and that Glenn Cook be directed to prepare the appropriate capital plan reeds assessment for submission to the Council and subsequent submission to the State of Minnesota prior to March 1, 1986. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD N -MR 25, 1985. PAGE8 POLICE OFFICER EMPLOYMENT It was moved by Mayor Butler, sec,.aded r•y Councilmember Adams, that the Council direct staff to implement the recommendations as outlined in staff memo dated November 21, 1985. Motion, Ayes 5, Nays 0. YEAR END MEETING It was moved by Mayor Butler, seconded by Councilmember Frahm, that the Council have a special meeting to consider year end business at 5:00 PM, Monday, December 23, 1985, with the appropriate agenda posted in advance of that meeting. Motion, Ayes 5, Nays 0. LIQUOR STORE OPERATIONS It was moved by Councilmember Adams, seconded by Councilmember Hammerel, that discussion regarding -the operation be tabled until December 9,1,985. Motion, Ayes 5, Nays 0. BONESTROO - 1986 FEE SCHEDULE* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, that City Council accept the proposed rates as an amendment to its contract with Bonestroo and Associates for engineering services. Motion, Ayes 5, Nays 0. SPATES PUBLIC ACCESS* RESOLUTION #1889 It was moved by Councilmember Hammerel, seconded by Councilmember Adams, that the Council adopt Resolution 51889 to temporarily delay the opening of the Spates Avenue access from 1 December 1985 to 1.5 December 1985. MuLiun, Ayes 5, Nays 0. ADMINISTRATIVE i PERSONNEL RULES* RESOLUTION #1890 It was moves: by Councilmember r:ammerel, seconded by Councilmember Adams, that the City Council adopt the personnel rules as amended by ac'opt.ion of Resolution #1890 which will implement. the rules effective 1 December 1985. Motion, Ayes 5, Nays 0. WHITE BEAR ANIMAL CONTROL CONTRACT* It was moved by Councilmember. Hammerel, seconded by Councilmember Adams, that the City Council direct staff to enter into appropriate contractual arrangements with White Bear Animal Control for animal control services for 1986. Motion, Ayes 5, Nays 0. REFUND BUILDING PERMIT - CRIS BOLLIS* It. was moved by Councilmember Hammerel, seconded by Counci lmember Adams, that the City of Orono refund $937.75 to Mr. Chi -is Bollis because of double payment for a building permit. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE9 ULRICH PROPERTY Cite Administrator Bernhardson updated the Council regarding the construction being done on the Ulrich property. He noted that, due to a lack of information, the Planning Commission has recommended that staff stop all work both landscaping and building on the site, however, staff does not feel that such a blanket stop work is appropriate particularly since the violations have been in the landscaping portion. City Administrator Bernhardson stated staff recommends the following: a) Permit construction of the building within applicable codes and ordinances. b� Stop all landscaping work pending consideration by Council of the condi.'_ional use permits and var_ances with the exception ui: 1 ) Complete filling of the trench utiI ized to hook to sewer in Bohn's Point Road. 2) Complete backfill around the house. 3) Removai of stockpiled dirt from right-of-way. N.L. and Virginia Sweatt, 3225 Bohn's Point Lane, were present for this matter. Mr. Sweatt stated that this property has been undergoing a filling operation for the past two years which has culminated in 14,000 cubic yards of fill. His concern is the basic level of the land being raised with the new 2 story house being built on t-oo which blocks views. He stated he felt that this project has not bee ,losely monitored by the city and agrees with the ratios .e of the Planning Commission's recommendation for a stop work order. Zoning Administrator Mabusth explained the floodplain elevations noting the house or basement f loor has been placed at the lowest allowed elevations and not on fill. She further explained the building and zoning code standards regarding the "mean" height of a structure from the finished grade. Virginia Sweatt stated that she felt the size and height of the house wi.11 overshadow their property and is inappropriate for the area. She stated the City should have maximum siz., restrictions. She invited the Council to visit. their home and property to view the construction. City Administrator Bernhardson stated staff. wi.11 review the ordinance to determine if the house is legal within their present ordinances and also determine if ordinances are lacking. He noted that staff will report back at the Decemt_►er 9th meeting. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE10 ULRICH PRO `l continued Mr. Sweatt. noted that it was recommended at the Planning Commission meeting that there be weekly road maintenance and repair done by the applicant. It was moved }jy Councilmember Adams, seconded by Councilmember Grabek, that the City Council concurs in the acti.ons staff has undertaken in relation to development on the property as outlined above. Motion, Ayes 5, Nays 0. 1290 SPRUCE: PIACE* It was moved by Councilmember iianunerel, seconded by Councilmember Adams, the City Council hereby authorizes expenditure of up to $2, 500 for removal of the house at 1.290 Spruce Place and that the assessment be placed against the property so that the City may recover its demolition Lost upon sale of the property. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to accept City Administrator Bernhardson's Information report regarding: County Road 15, Long Lake Library, Hardcover, and Hazardous Buildings. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Blatz requested the Council enter into executive session at this time. LICRIISRS* BI LLS* It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to approve the following permit: Art Center of Minnesota - One day set-up hermit for: December 3, 1995 December 4, 1985 December 5, 1985 December 6, 1985 December 7, 1985 (Holid3y H.iuse ) Motion, Aves 5, Nays 0. It was moved by Councilmember Iiammerel, seconded by Councilmember .'dams, to approve payment of. the All Funds Accounts a1 Liquur Store Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 10: :; PH It was rr by Mayor Butler, seconded by Councilmember Frahm, to . journ the regular Cour meeting at 10 : 25 PM. Motion, Ayes 5, Nays 0. ATTES19 : 6or6t y M. Hall -in, City Clerk Mary � . SuE. a -Mayor �� �s TO: Mayor and City Council �I',. 'J FROM: Mark Bernhardson, City Administrator V 19P5 DATE: December 3, 1.985 SUBJECT: LMCD Boat Limitation Attached please find a (-r-,py of the first reading of LMCD's ordinance relating to the number of boats per dock and their permit regulations. Should you have any recommendations or directions that you would like directed to the LMCD relating to this matter, I would be hapnv to forward those in a letter to our LMCD representative. Concerns include a) The fact that the numbers of "boats" (17' )r over 9 H,P.) vary by lenght of shoreline so that a 250' shoreline coulu have 5 with no permit and b) That the permit requirement for those whD dock only boats they own result in a minimum $10.00 permit fee for any over the two. PROPOSED MGTION - Moved by __, seconded by __, that staff transmit the Counci l's concerns and ideas as they relate to the ordinance in question through Orono's representative. Ayes ijays 1 ORDINANCE NO. AN ORDINANCE RELATING TO THE NUMBER OF WATERCRAFT WHICH MAY BE KEPT AT ANY DOCK OR MOORING FACILITY; AMENDING LMCD CODE SECTION 3.02, SURD. 9 AND 10 Ti,e Red. f Directors of. the Lake Minnetonka Conservation District ordains: Section 1. IACD Code Section 3.02, Subdivision 9 is amended to read as follows: Subd. 9. Shoreline Requirements. a) General Rule. No new docks or mooring areas ether--t --eem e�e3e�--ek�c-ors shall be constructed or established whic', provide space for or are used for mooring or docking a greater number of watercraft than one for each 50 feet of continuous shoreline in exis- tence on May 3, 1978 unless authorized to do so by special density permit pursuant to Section 3.01:'.. measurements determining the num r of watercraft allowed result in the provision of a fractional watercraft, any fraction up to and including one-half (�) shall be disregarded, and fractions over one-half (S) shall eeifew be counted as one additional watercraft. b) Special Rule for Sites in Existence on August 30, 1978. Unless a greater number is authorized by Lhe rov sions of paragraph a above, up to eur-er fewer two watercraft may be kept at any dock or mooring facility Mhteh- is-et#iaae--ire-corl�e--�rtth--t#ri-s eed a - - i - t he - A-e'gtA-r�t -off - t he --ioe l- -left& - n s e eentre�-�crtrority--eemi which is 1 r -ated on a site ( as defined in Section 3.01) which was in existence orl August 30, 1978. c) Special Rule for Sites Established After August 3n, 1978. Unless a greater number is author zi ed by the prove ions of paragraph a abovet uR to fear-er fewer two watercraft may be kept at any dock or mooring erEmw facililywhieh--i-s--ertfiefw4er--ire-e rl-i�rec`e--wfth the* cedet-he- of--b4ft --i c-rtp--land age - which is located on a site (as defined in Section 3.01) established after August 30, 197e, provided there is a residence on the site And the dock and docking rights fa are owned solely by the residents of that site. d) Additional Watercraft Allowance for. Watercraft Owned _ by Residents. Three or four watercraft may be kept at dockp or moorings described in paragraphs b) or c above if all watercraft are owned by and registered to the residents of the site and are for the sole use of the residents, rove -I e a boat storage permit: is secured from the Executive - Director. No such permit shall be required of docks having a multiple or commercial dock license under Section 3.08. i) Application. Application for a boat store permit shall be made annually on forms provided agby the Executive Director. The applica- tion shall include a certified statement that all boats stored under the permit are for the sole use of the residents of the property, a record that all the boats are registered and the boats' registrations are in the names of residents, and all other —information deemed necessary by the Executive Director to determine whether or not the rp opos _dock is in compliance with this code. ii) Fee. The permit application shall be accompanied by a fee of $10. iii) Granting of Permit. The Executive Director shall grant the permit if information provided shows that the dock will be in comp lance with the -code. If the Executive Director refuses to issue a permit, he shall_ state the reasons therefor to the applicant in writing. iv) Renew-11. A new _permit is required when any change occurs for which the permit was gra►:- ted Section 2. LMCD Code Section 3.02, Subdivision 10 is amended by deleting the following: SabdT--l•4}:---�Icr-peraer�--s�tr�-;--�ellT-��rrt-�_..crr._}eeae far-the-att+rage-ef-beete-er-Naterercft-anY-apace-within de a !t - ace-- drett•�- tJt#!ei`•• �}Tait-�t•-�o+�r�rarl--ti"�ek� T --Prey i d - r� T-}1eMCtlPf'T-be-rf!'nted-et-}CMMt-d-At deeka-ef-�i^tmrr►t3-3f-iy-�!e-crrec�e-ef-heert�-er aeterernft-awned-by-residenta-ef-the•epertn�entsT Section 3. This enactment shall be reevaluated and reaffirmed or shall terminate two years from its effective a e.- This enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the Lake Minnetonka Conservation District Board of Directors this day of , 19 . Chairman ATTEST: Frank M xa, Executive D rector Dated of publication: TO; Mary Butler Mark Bernhardson Orono Council Members FROM: Jeanne A Mabusth DATE: December 3, 1985 SUBJECT: #852 William Gregory 141.0 Shoreline Dr. - Conditional use Permit/Variance The enclosed notice of Council action was sent to the applicant after your November 12th meeting. Staff has since talked with Greg Kopischke, applicants consultant, concerning staff s time limitations and our inability to resolve Council's concerns within a reasonable time frame for his clients. Kopischke stated that he was unable to understand why his clients would be expected to assume the roll of establishing criteria for the City. Staff once again advised that in two years the City will budget time and money to undertake a Comprehensive Storm Water Management Study: a study that would establish much needed criteria. Kopischke stated that he would talk with his clients in order to determine their position on Counc,il's new request. He was still concerned that Council had not. related to the opinion of the contributing experts regarding the s^ope and overall negligible impact of the project. Kopischke called on December 3, 1985 to ac:c that the application be tabled until the January 13th meeting. Pleai-e note that Sections 10.08 (Variance) and 10.09 (Conditional Use Permit) do not provide automatic approval if not acted on by Council within a specific time period. Both sections stipulate only that the Planning Commission must act within 60 days of first review date. ZONING FILE NO. 85" CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 11/15/85 ------------------------------------------------------------------ TO: Mr. & Mrs. Wm. Gregory Copies To: Greg Kopisc:ike 1201 Yale Place Westwood Planning & Eng. Apartment 2007 7415 Wayzata Blvd. Minneapolis, MN 55403 Minneapolis, MN 55426 TYPE OF APPLICATION: Conditional Use Permit ----------------------------------------------------------- Date of Meeting: 11/12/85 Vote: 4 For Against COUNCIL ACTION - MOTION: To table action on the portion of the application that involves the alteration of the designated wetlands because the staff report did not establish objective criteria to provide direction for Council action in the review of application #852 and other similar applications involving the alteration of de- signated wetlands. Council asked for the following determina- tions: 1. Acceptable range for flow rate - Does your application fall within that range? 2. Size of wetlands/watershed - Is a watershed of approximately 100 acres within an acceptable range? 3. Classification of wetlands - Is the major alteration of this specific type of wetlands within an acceptable range? Council has asked for a survey to determine how many other wetlands areas exist along the lakeshore that may be possible candidates for future application review. Staff is unable to realistically complete the new task defined by Council within the next year. The scope and nature of the defined project will be addressed by the City in 2 years ew part of a required Compiehensive Storm Water Management Project. You may wish to direct your own consultant to independently work -in the project. as Council directed. Staff would be happy to discuss these issues with your consultant. Please call JLf you have any questions on this matter. At an inspection of your decorative pond site I noted changes in contours or elevations that were not noted on the original plans, specifically the area between the pond and road- way. Please submit final. contours of subject area at your earliest convenience. ----------------------------------------------------------------- If you d�;ire copies of the official Councii minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. i h 0 To: Orono Council Members y 14 From: Michael P. Gaffron, Assistant Zoning Administfztojt.- �+ LA s Date: December 3, 1985 Subject.: #973 gteven J. Ruce & Scott R. Luse, 4625- 466; Nest Branch Road - Subdivision of a Lot Line Rearrangement - Final Resolution Zoning District - RR-lB Single Family Rural residential 2-Acre 4625 (Ruce) 4665 (Luce) Existing Lot Size - 43,568 s.f 107,045 s.f. Proposed Lot Sizes - 62,465 s.f. 88,148 s.f. (54,155 s.f. excluding road) List of. Exhibits Exhibit A - Applicatisn Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey With Proposed Lot Line Rearrangement Exhibit E - Quit Claim Deed Exhibit F - Planning Commission Minutes of 10/21/85 The applicant wishes to purchase 60' of his neighbor's lot in order to increase the size of his own property from 1.0 acre up to 1.43 acres (1.24 acres excluding road). The proposal includes the removal of an existing shed which would become non- conforming due to a 7' setback from the new property line. A septic testing repo►t has been submitte or the western- most property, which will lose area, and in ,tes that there will still be ample rocm for future septic needs after the division. The division will also give the smaller easterly property additional room for future septic expansion. The westernmost property was part of a recent plat, and drainages and utility easements exist atthe boundaries. No additional drainage and utilities easements will. be taken since this is a metes and bounds lot line rearrangement. However, we have asked for a quit -claim deed of the 40' right-of-way along West Branch Road (County Road 151), and the applicant has pro- vided this document. The Planning Commission at their October meeting recommended approval subject to the quit. -claim deed for right-of-way. Note on the survey that Parcel B and C must be combined, and Parcel D is the right-of-way deeded to the County. Staff recommends approval per the attached resolution. 3Date R c'd - By f j Fee Rec' d 9to -=�— CITY OF ORONO SUBDIVISION APPLICATION FORM -----.----------------------------------------------------- 3t -- S'Z - J---- %� APPLICANT Name LSIEVEN T. KU-cE Telephone A' ?' (0( 2 Mailing Address /+ �z,�, WEST WANCh % '� D_,���21 PROPERTY Name (�'e. ��� Telephone 49 71(o2-- OWNER Mailing Address 14-665 W ,,,S1 MAN(,R CADf MGtANQ SS.3(d4 (Attach list if more than one) ��I ------------------------- ------------------- I ------------------------------ PROPERTY LOCATION Street Address E Property Identification No. (P.I.D.) a r7 - LL7- 1 Complete Legal Description to be attached to application -------------------------------------------------------------------•------- EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) -------------------------------------------------------------------------- PROPOSAL Division for Tax Purposes ✓ Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Existing Units New Units Total Units Proposed Gross Density Units per _ Acres Minimum Lot. Size: Square Feet Dry Buildable Land Proposed Use: (check) ✓ Residential Other (specify) (OVFR) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Appli-ation Completed 2. Preliminary Plat information on Certificate 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 (#10 ) pre -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 fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement an6 accer!table form of security. Certification by Zoning Department that. Final Plat. Application is complete. Zoning Officials Signature Date FEES Sketch Plan Review (Class I, II 6 III) $150.00 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 III) $150.00• *(Plus any legal or engineering charges) Applicant has read the above and hereby agree-- to provide all information required or requested by the Zoning Administrator, Ci,_y Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. ------------------------------------------------------------------------------- Applicant.'s Signature � Dat^ Owner's Signature -� -- Date Applicant must have all subinittals into the City offices 25 days before the Planri.ng Commission Meetinq. Planning Commission Meetings are usually held on the third Monday of each month. GQ 3ea. (OV A. RIRJ DATE 09/ 10/85 BATCH 00, 38 06-117-23 32 000'- PROP ADDR 00405 NORTH ARM OR OWNER NAME LAKEVIEW GOLF OF MTKA INC TAXPAYER LAKEVIEW GOLF OF MTK1 INC NAPE/ADDP. 4520 W CPANCH PD MOIUND r N 55364 r 38 06-117-23 33 0008 PROP ADDR 04640 WEST BRANCH PD CUNER NAME J S G TRAUL iAXPAIER JOHN E TRA'JL t'AME/ADDR 4640 W BRANCH RD �► HOUKO HN 55364 s� 38 07-117-23 21 0014 PROP ADDR 04505 WEST 9�ANCf; f: 018JEP NAME R 1 0 FPANZEL TAXPAYER RICHARD M FRANZEL NAME/ADDR 800 NCFTH ARM OR MOUND MN 55364 38 07-117-23 22 0010 PROP ADDP 04665 WEST ')RANCH RD Aw NAME S 1 S LUSE TAXPAYER SCOTT R 1 SAP.A.H R LUSE !LAME/ACOR 4665 WEST BRANCH RD MOUIJO r"J 55364 r AW i HEiOJEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0E-117-23 33 0004 04701 WEST BRANCH RD JACK D A JUDY A KRAHL JACK D KRAHL 4700 W BRANCH RD MCUND MN 55364 06-117-23 34 0001 ,:3 WEST BRANCH PO DO'AJA E HAGER DIN NA F hACER 4,80 W BRANCH ROAD MO'JrID MN 5536-; 38 07-117-23 22 0001 04625 WLST BRANCH RD J A RUCE A J D PUCE JOHN A PUCE 1 JOYCE D PUCE 17950 FAIRPOMES LA WAYZATA YJJ 55391 33 07-117-23 22 0011 RICHARD B HAWINSON RICHARD B HAWKIN`.ON 1575 COPELAND RD MAPLE PLAIN MN 55:;59 P!PMT NO. PAGE 38 06-117-23 33 0006 04680 WEST BWAItC4 RD JOHN E BAKER JOHN E BAKER 4680 W BRAW-H RD mmi1a) MN =55364 38 06-117-23 34 00ft2 LAKEVIEW GOLF Of MINNFTONKA LAKEVIEW GOLF OF 855 RED OAK LA MW.J.0 MN 55364 38 07-117-23 22 0003 047C1 WEST BRANCH PO C A R TPAPP ROBEPT L A CA�CL L TPAPP 4701 W BRANCH ro ORONO HN 55364 TOTAL BATCH 001 00011 I CEPTIFY THAT THE FACTS REPPESENTED APE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE PECCMOS OF THE HEUNEPIN COLt TY DEPARTMENT OF PR ERTY TAXATION. TO THE L-5T Ot MY KNOWLEDGE A40 BELIEF. ' -Ni� DATE , BY 4 `�1 S 88" C9' 14 E 'Roe.. 75 _ No. 151 _ ~-66.00 1-3 8 N e 0 I 1 i Q I 1 m n(< W.II j 1 ti bed., I 1 CD 51' � Sl..P •ti tila l P� �•.�d R...� • 6 R, 4i5 yy ii. S.'t:c , — 208.11 `W-T e S 88' 09' 11VV 2 08. 75 _ East l r,•e WA(W4 of _ AIWi4 c/5ec.7.117.13 o� z CERTIFICATE OF SURVEY FOR STEVEN J. RUCE AND SCOTT LUSE IN WEST BRANCH HILL & m SECTION 7-117-23 n�c HENNEPIN COUNTY, MINNESOTA •h U R C31'r : 8-19-85,rev. 11-26-85 Sc.Qle: I" = 50' o : 1rin ^arker ? hereby certi., that this is a true a, correct representation of a survey of the bond s of Lot 11 Block I, n' ST 3P.ANCH HILL, and The Borth 208.71 feet of the Las_ 208.71 feet of the Northwest quarter of the ho rthwest quar- ter of Section 7, Townshi? ii7, Range 23, Hennepin County, and the iocatio!, of all existing buildings thereon. It does not purport to show other im- I, ments or encroach,nents. COFFIN & GRONBERG, !NC. Gordon R. Coffin Peg. No. o064 Engineers & Land Surveror� Long Lake, Minnesota NEW LEGAL. A. Lot ). B►oJ WE31' BRANCH HILL, Except the East 60 feet thereof. B. The East 60 feet of Lot I, Block I, WEST BRANCH HILL. C. Tke South 168.7, feet of the North 208.71 feet of the East 208.71 feet of the Northwest quarter, of the Northwest quarter of Section 7, Tow*; ship It/, Range 23. 11ennrbpin County, Minnesota. 11. ROAD PARCEL TO BE_D_F.GDFD The North 40 feet of the, ra5t 208.71 feet of the Nt)rthwt ,t q, • er of the %rthwest quarter of "tIctron i, 'c:w,<Iilp 117, Range ?', Ht'71 ,• , . ;:ounty' rlin ropsuta- ri � � � Ln SIGNATURES -- --'- ---------�--J-a-I�' NEW LEGAL DESCI A. Lot l 8lo' B. The t~.. 8C, C. The South YC of the North ship 117. F` o' AOAD PARCEL The North 41j Northwest V`/ Minnesota. Form No. 2E•M_—OUIT CLAHM DEEP--` min"2096 UWtono G:aowYat.oms wsa-.b (LW • aT No"W.W0.111_.._ Indrvid.,al (s) to Corporation --or -Part�rNrltip No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) P— ' ( ) not required I Certificate of Real Estate ValL .o. —! , 19 by STATE DEED TAX DUE HEREON: Date: County Auditor ,19 (reserved for recording data) FOR VALUABLE CONSIDERATION; '•r. annj Fors. John A. Grantor (a), martto "mud hereby convey (s) and quitclaim (a) to the County of Hennepin a bo dv oolitic and co rmratA under the laws of the State n £ IRrmasn Z. , real property in Hannapla County, Minnesota, deathbed as follows: The North 40 feet of the East 203.71 for': of the Northwest quarter of the Northwest quarter of Section 7, Township 117, Range 23, Hennepin ^ounty, Vdnnr+sota. (if more waa+ Is noodad. wnNetra on bock) together with all hereditaments and appurtenances belonging thereto. Affuc D"A Tax stamp llere STATE OF MINNESOTA COUNTY OF llennenin aa. The foregoing instrument was acknowledRad before me this_day of by -_-- KOPAa1AL STAMT Oa aaAL 4019 OTHM T.nJ OR SANK) Z dOTARV rUKIC • M WOSOTA Taz Suaeaa tSi. eM Wens of Ysa�Mo Ia 1W ids elwY I • r . , n i r r nt r' ^, , I f Y be eaal to (Lsah�o 111111111111110 ): e► t i THIS IWSTKVMtNTMAS DLA"20 BY CNAMs AND ADDRESS): MINUTES OF Till, PLANNING COMMISSION ME'PTING [HELD OCTOBER 21, 1985. PAGE 2 ZONING AMENDMENT continued SS 10.03 Subdivision 9 D - principal building on that lot except on lots which have frontage on a lake. Accessory buildings located within the street or rear yards of lakeshore lots are subject to the setback requirements of SS 10.2.3, Subd. 6B, SS 10.24, Subd. 5B & SS 10.25, Subd. 6B except that detached garages may be located 10 fee; from the street or rear lot when doors face away from the street and a turn -around is provided on site. Motion, '.yes 5, Nays 0. SS 10.03 Subdivision 15 - The Planning Commission rejected the proposed amendment of this section to the code. SS 10.03 Subd:.vi ._pion 18 - The Planning Commission briefly discussed the proposed amendment relating to stock farms to be continued. It was moved by McDonald, seconded by Sime, to continue the proposed zoning :amendment review until the November 18, 1985 meeting. Motion, Ayes 5, Nays 0. /973 EVEN J. RUCE/SCOTT R. I,USE -4665 WEST BRANCH ROAD SUBDIVISION OF A LOT LINE REARRANGIRENT PUBLIC: HEARING 7:51 - 7:53 PM The certificate c.f mailing and affidavit of publication was noted. Tie purpose of th, public hearing was to consider the request for a lot line r arrangement. Steven J. Ruce, 4625 West Branch Road, wis' zs to purchase 6C' of his neighbor's lot (Sc-Dtt R. Luse, 4 65 West Branch Road) to increase his lot from 1.0 acre to .43 acres. Steven J. R, present for this matter and stated he needed the .,and for a garden. There were in i, rsc;ns present objecting and the public hearing was clok; �d . It was moved bj ►'.:Donald, seconded by Sime, to recommend approval of the r >divisi.on of the lot line rearrangement subject to the quit -claim deed for ri.qht-of-way. Motion, Ayes 5, Nays 0. #974 ERIC J. CHRISTrNSF.N 900 NORTH SHORE DRIVE, WEST PRELIMINARY SUBDIVISION PUBLIC HEARING 0:00 - 8:03 PM Assistant Zoning Administrator Gaff.ron nc-ed the certificate of mailing and affidavit of publication. The purpose of the public hearing was to consider the request to divide a 4.6 .acre lot into two hui lding sites of 2.0 and 2.6 acres. City of ORUNG) RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT FOR STEVEN J. RUCE AND SCOTT R. LUSE FILE NO. 973 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 aprtication for a subdivision by Steven J. Ruce and Scott R. Luse (her(:inafter "the subdividers") of properties legally described as follows: 1. Lot 1, Block 1, West Branch Hill; and 2. The North 208.71 feet of the East 208.71 feet of the North- west quarter of the Northwest quarter of Section 7, Township 117, Range 23, Hennepin County; and WHEREAS, the subdividers have completed all requirements of the City for metes and bounds subdivision for division and combination purposes, includirin granting of a quit -claim deed for right-of-way purposes to Hennepin County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the metes and bounds division of a lot line rearrangement for Steven J. Ruce and Scott R. Luse as shown on the Certificate of. Survey by Mark S. Gronberg dated 8/19/85 (revised 11/26/85) and attached to this resolution subject to the following conditic.ris : 1. The existing shed on Parcel B shall be removed by the appli- cant within 6 months of the date of approval of this resolution (remove by June 9, 1986). 2. Upon approval of the subdivision by the City Council of Orono, the owner of Parcel C as described in the Certificate of Survey referenced above must apply to the City for legal combination for tax purposes witr Parcel B as described in the same survey. 3. The aforesaid division as shown on the attached Certificate of Sur y shall he f i led by the City of Orono with the Eennepin County Recorder's office on or before June 9, 1986 together with a certified original copy of this resolution. Page 1 of 2 City of ORONO RESOLUTION OF THE CiTY COUNCIL NO. The approval granted by this Resolution shall expire if the 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 Council of Orono, Minnesota, this 9th day of December, i985. ATTEST: Dorothy M. Hallin, City Clerk Mary C C. Butler, Mayor ]'.,(1E, 2 of 2 C.) TO: Orono Council Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: December 4, 1985 SUBJ: #929 Lyle Rahn, 1146 Wil.dhurst Trail - Conditional Use Permit/Variance - Resolution - Application - Conditional Use Permit and Variance for continued use of the existing guest house. Zoning District - LR-lB, 1 Acre Pertinent Zoning Cade Sections: 10.20 Subd. 3(G) - Requires Conditional Use Permit and additional acre for guest house. 10.22 Subd. 1 and Subd. 2 - Requires 75' lakeshore setback, requires average lakeshore setback, sets hardcover limits. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Planning Commission Minutes 11/18/85 Exhibit E - Staff. Memo 11/14/85 with attachments, survey at,d hardcover calculations Exhibit F - Planning Commission Minutes 10/21/85 Exhibit G - Staff Memo 10/17/85 with chronology of previous action Exhibit H - Proposed draft resolution Rather than repeat information contained in the attached exhibits (which are included for clarity's sake), I will attempt to briefly review this application and refer you to the past memos and exhibits for detail. Applicant was requested to make application for a Conditional Use Permit for guest house in May 1985 since he was doing some remodeling work to this existing structure located about 72' from the lakeshore (see survey, Exhibit A of 11/14/85 memo). During staff's review of the applicati( -i, it was . :und that 1974-75 variance approvals for the property (to build a home) indicated this old structure was supposed to be removed when the new house was finished. Appl cant subsequently provided testimony from various parties that the 1974-75 minutes were incomplete, and the.t only the upper floor of this structure had to be removed. Because of conf licti.nq evidence, and since no neighbors object tc the continued guest house use of the structure; Planning Commission at their November meeting voted 6-0 to approve a Conditional Use Permit and the appropriate variances subject to: 1. Approve conditional use permit for quest- house subject to it never being rented out. Zoning File #129 Page 2 2. Plastic under the wide graveled stairway be removed or replaced with a permeable material. 3. Maximum allowable hardcover 34.5% (approximately 4,075 s.f.) exclusive of future approved drainage control system. 4. Applicant on notice that City will need to review and approve final drainage system plans. (Note that applicant's property has severe erosion problems which he is attempting to correct) I would refer you to the 11/14/85 memo for a discussion of the hardcover and drainage issues, and to the 10/17/85 memo regarding the previous action regarding the guest house structure. Based on the Planning Commission recommendation, staff has drafted a resolution approving the appropriate variances and cond,. ,nal use permit, for your review. CITY OF ORONO GENERAL LAND USE APPLICATION #9 9 ----------- ------------- PROPERTY LOCATION / Site Address //y6 GUI if �/ _ i�c-ru� %ii� ss-?." e Property Identification Number (P.I.D.) 07-117-2-3--2f-0027 Please check one - Is the property abstract or _ X torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required -survey ----- ------------------------------------------------------ APPLICANT * I Name L y �9f f. " Ra /1 n Phone y 7.2 - IVS-y 1 Mailing Address --------------------------------------------------------------------------- OWNER Name 4.r1 aTe4 r e-_ Phone `� 7;2 " Mailing Address Date Property Acquired �TJ 7,71 (month/year) I (do) (do —net) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS _ $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning Disti.-ict Present Use of Property f1�7,:zQ,i-,� Residential _ Other (specify) DESCRIPTION OF REQUEST Describe re, REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certif ied Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance 0� Government Center 348-3271) 3. Stamped, legal sized envelopes (# 10) pre -addressed to each of the names on the above list with no return adCress. etR`a Z ,4, Z1 4. Certificate of survey. T_ff 5. Construction plans, if apnlici!ble. fl tC -,. .Zr 6. Plat Map. CU__*c4..W_ ---------------------------------- ---------------------------------------- The Applicant and Property Owner inu, * sign this application. Please remember that your application is not compl to if the above information has not been included. ---------------------------------- --------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by '-he Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of h's/her knowledge. Applicant's signature �y�, �`��� ;� Daee OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes seasonable 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 signat.ureh.`�-�� �w _ _! Date -------------------------------------------------------------------------- Appli.cant 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. # oa-Y xa,"4 .1411.41' eat (,,pz4 '; .�� ��%t-0-�.�+ .'a-�C°� ,-C�I�rt.� .�t'.c,�C.�z �b.%�`*"*'ti �,e�s-,� aw M�t 41t-op"Oo/ -'c'tGE . i ++r i j - : /. (fIAt RIPOr/ i # i i } ,s � r 4 ypyz a 1 1• � � � � r .+'� 4t NO 1472 At 1 � V Y •7 14 !• �' ♦� I�i� 101 • � ,•+ •. ' T1. � q., � � 8 � Imo•' ! I"Y x aQ If 44 PL bw J,7 + •r(,., t try ,� �` et,� �` j �': •«. r. : ' r f.. �"�*"—^trr •� NO •` • '7 - '" i . AI,q 'ff, aM,• Mr M ;�.• y 'm ., afet a' Wl- Q �, \ eh RLRI DATE 04/26/85 HENNEP'�J COUNTY PROPERTY INFORMATION SYSTEM REPORT MG. PI435401 PROPERTY OWNERS LIST PAGE 7 ok .TCH CO2 38 07-117-23 24 0005 38 07-117-23 24 0007 38 07-117-23 24 0019 PROP ADDR 04445 FOREST LAKE LANDING 01186 WILDHUPST TR C:INER NAME R M PYBOTH EoQN R SANDIN ETAL JOS H HANNON ETAL TAXPAYER ANfHONY G RICHA';DSON EDWIN R .t:DIN ROGER M SYBOTH N#.ME/ADDR 4445 FOREST LAKE � "OING 1186 WILOHJRST TR "954 YOSEMITE AVE SO MOUND MN 55364 MOUND till 55364 MPLS MN 55416 hw_ PROP ADUR 38 /-117-23 24 0020 38 07-117-'3 24 0021 38 07-117-23 24 J022 �. � 0::`ER NAME JOS H HANNON ETAL JOS ! 14 ETAL U h Awo TAXPAYER ROGER M DYBOTH POGEI OTH ROGEC . SYSt". NAME/ADOR 2954 YOSEMITE AVE SO 2954 117E AVE SO 2 »ti bOSEhiTE AV' a` 'p MPLS MI 55416 MPLS i. 55416 MPLS M1. 55416 _-w- I-� 38 07-117-23 24 0023 38 S 24 0024 ?9 07-117-23 2_4 0• S I PROP .SDOR 04475 FOREST LAKE i.4401t!- 044. j ;ST LAKE LANDING O:!NER NAME B REILING ETAL B REILIN6 ETAL J RAHn TAXPAYER RAY DON'.LD HURLEY RAY D HURLEY "LF E RAHN NAME/ADDR 4475 FOREST LAKE LANDING 4475 FOREST LAK`_ LANDING .6 WILOERNZ55 '10UND MN 553F4, MOUND MN 55364 r. :l<1 K' 553L4 r 38 07-117-2- u0L6 38 07-117-23 24 0027 3A 07-117-23 L 0028 PROP ADDR 0449^ FORE �A.uE LANDING 01146 WILDMURST TR 01231 kILUNLA7S'" TR Cl:^,'ER VANE L 8 J NN LYLE E RAHN ETAL JAMES M PHELAN LfAL r " TAXPAYER LYLE E + '>itl LYLE E RAHN JAMES M PF',EIaN NAME/AL'DR 1146 WILDL.!NESS 1146 WILCHURST TRAM_ 1?31 WILDHUPST TRAIL �i MOUND Mli 55-764 MOUND HN 553�4 toLm MN 55364 r 36 0?-117-23 L+ 0^2q 0'-117-23 24 0037 38 07-117-23 24 0038 PROP ADOP 010?'' WILDHU•'JST TR ^'.55 FOREST LAKE LANDINF- •.65 FG,REST LAKE LANDING P OWNER NAME H A SCHULTZ ETAL _S; c! KPAINES L "WIFE i�IE FIRST NATL BK WACONIA TAXPAYER HARVEY A SCHULTZ RO R,-,RAINES FAY H PETERS NAi'lE/ADDR BOX 282 WILueiL"ST TRAI 44'�5 F7REST LAKE L.ANDI'"G 465 FOREST LAKE LANDING MOUND MI 553c4 1C11tjD MN 55364 MOUND riN 551�64 38 07-1i7-23 31 0115 38 07-117-23 31 0036 :.6 07 0037 PROP AD -OR 01273 WILOHURST TR 0...14 WILDHUR- TR OWNER NAME J & R STASIK f .RY W WELS'i ETAL "AVID J 'MUSK. A WIFE TAXPAYER JAPES STA5I'< CARY W WELSH OAV:D ; KRUSKOPF gAME/ADDR 1270 WILDHL`'ST TRAIL 1^14 WILDHURST TRL 1200 WILOHURST TRL rw7NC HN 5364 `XNNC "N 55_64 MOUND MN 55364 r RUN DATE 04/26/85 BATCH 002 PROP ADDR OG:NER NAME TAXPAYER TOTAL BATCH NAME/ADDR w 002 000?8 HE'.�AEPIN COUNTY PROPERTY TW—ORMATION SYSTEM, PROPERTY OWNERS LIST REPORT NO. P1435401 PAGE 8 I CERTIFY THAT TH: FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFOP.IATION AS IT APPEARS THIS DATE ON THE RECMjs ^F THE HENNEPIN COUNTY DEPARTMEET OF PR.O^'"'Y TAXATION. V TH 8E5T v= MY KNOWLEDGE AND BELIE'F�.� OATEi�/� lr MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 1 ATTF ANCE 7:32 PM The Orono Planning Commiss i on met -on the above date with the following members present: Chairman Callahan, Rovegno, Goetten, Kelley, McDonald, and Taylor. Sime 'as absent. The following represented the City sLaf f : Building and Zoning Administrator Mabusth, Assistant. Zoning Administrator Gaffron, and City Recorder Peterson. CONSENT AGENDA* It was moved by M- -nald, seconded by Goetten, to appr. .ve the Consent Agenda* us submitted. Motion, Ayes 5, Nays 0. #929 L LE RAHN ILDRURST TRAM. CONDITIONAL USE PERMIT THIRD REVIEW Chairman Callahan explained the request for a conditional use permit for guest cabin usage subject to the hardcover being made as conforming as is feasible and applicant addressing the drai-age problems both of whi.:h have been submitted in Exhibits B & C. Lyle Rahn was press nt f^r this matter and sta r3 he had no objections to staff's recommendations. It. was moved by Rovegno, seconded by McDonald, to recommend approval of the conditional use permit subject to sta$f.'s recommendations. Motion, Ayes 6, Nays 0. # 9 8 3 WAL`I'ER H . PEMBERTON 3580 NORTH SHORE DRIVE VARIANCE - SECOND REVIEW Chairman Callahan explained the request to build a new house and noted the four optional site plans submitted in order to reduce the degree of variances needed. Walter & Marilyn Pemberton were present for this matter. Marilyn Pemberton stated that they had the existi.)g structure inspection which was found to be totally out of rode with a bad foundation making it unuseabie. She noted thz7 It the main problem was the need f ^r to back a normal car out the gfirage. Assistant Zoning Administrator Gaffron reviewed the four optional site plans with the commission. Lou and Marilyn Fegers, 3590 Shoreline Drive, were present .nd stated that their concerns were the possibility of grading being done betwe•.n the two houses anti that the proposed house will stay in line with theirs.. They stated they 'sad no objections to a new re,-...dence being constructed which would improve the area. Marilyn Pemberton stated that the sEape and style of the proposed house conforms aesthetically with the lot size. To: Planning Commission Members From: Michael P. Gaffron, Assistant Zoning Administrctor Ddte: November 1.4, 1985 Subject: #929 Lyle Rahn, 1146 Wii,1hurst Trail - Conditional Use Permit - Third Review This application was tabled at your October 21st meeting pending a review of the hardcover and drainage situation. You will recall that the genera). attitude of the Planning Commission was to grant the conditional use permit for g,.est cabin usage subject to the hardcover being made as conforming as is feasible, and subject to applicant addressing the drainage problems. List of Exhibits Exhibit A - Survey With Hardcover Exhibit B - Hardcover Calculations Exhibit C - Conceptual Drainage Control System (By Applicant) Exhibit D - Planning Commission Minutes of 1.0/21/85 Exhibit E - Notice of 10/22/85 Exhibit F - Staff Memo of 10/17/85 With Notes Exhibits A and B show that existing hardcover in the 0-75' set- back zone is less than 2%. In the 75-250' setback zone, existing hardcover is about 35.5%. This could realistically be reduced only a few percentage points. The stairways and walkways on the property are for the most part. necessary for the usability of the property due to the steep slopes. The upper driveway is about as small as possible while still being functiona.i. The lower driveway is graveled about halfway across the lot, and also serves as access for the City to maintain its sewer line which crosses the property. The property has an obvious drainage problem as you can see along the south side of the house, where erosion is occurring. Suggest applicant proposes a swai.1/gutter and cistern or "dry well" system which would transport the run-off from the hills above the house to temporary storage for underground discharge. This would create the nc.'ed for additional hardcover (note the 5' wide blacktop strip in Item C-5) but if functional would ultimately tend to reduce the amount of sediment entering the lake from *he surface run-off. I would suggst that the applicant obtain the ad rice of a qualified engineer before actua.1ly constructing such a system. City Engineer., Gienn Cnok's initial thoughts on this are that a catch basin and underground pipe would be better than the swale. The only item of hardcover that could realistically be reduced is to remove the plastic from benecth the wide stairway between the house and the lower driveway. This might drop it to about 34.5%. The added swail. (about 5'x100') would bring this back up to about 39%. Zoning File #929 November 14, 1985 Page 2 of 2 Staff would recommend the .Tanning Commission take the following course of action: 1. Approve the conditional use permit for guest house use with the standard non -rental clause. 2. Recommend that the plastic under the wide stairway be removed (or replaced with permeable fabic). 3. Recommend that the applicant consult a qualified engineer prior to construction of any drainage control system, an( require staff review of the design and hardcover additions necessary to accomplish same. 4. Set a maximum limit of 34.5% hardcover in the 75-250' zone for this property, exclusive of the additional hardcover necessary for whatever drainage system is approved by the City in the f uture. J Survey For:.—__ R rrn a oy r es SCALE: 1" • 306 PXa. �4 O' .; IN iption: lot 26, '7onkaview Gardens Hennepin County, Minn." �' 1 'o L s / Q• reby certify that this is a true and correct representation of a survey of the boundaries of the .bove described and of the location of all buildings, if any, thereon, and all visible encroach- if any, from or on said land. this 22nd day of h1ay, 1985. EGAN, FIELD & NOWAK, INC. Surveyors by SlIna Registration o. 9053 �14 A-k '� cov ckr'o I- c V/-A "� 6 tj - QAvC 70.S "Mw 74•s X y03• y = �, 3�a. .. J 7a f e-v r; F D e'l S T A or, _ c P, r Lv w A& C v U s IA If. S-j-p. f F. t J a"r r - 0 AV(. , 2 0 Co L 0birt2 D-",l WSfl e+u i L'r• NMI }� S (: r "'t' I �• Zcrvl, DCCK 2oL Tp r..- Pa.iC'/� 8yT lQ+ Vw*,AAtO `go. COw� cf 'f t (� A 7 11.4� D CAJt MS. ic3N RM�D� a Iei� M 1 fY'.f' 1iJr4 K R4"h+Cv;N�� P:i.:` is - •��-, S-+t•rs �'' /11 ✓ Q.."7S t IJ;r'r,C.tatiOr S LE'.". �— �/*'/Xo C Y(,YCO Ar) or I 1 ',VAX- 1 I, N � n D� rm 0 � 24.25 a r N ' 0 44.23 \, N 2-STORY FRAMEOLIT cc r--_' L� C' � ��``! �_� u� r: � % r' �7 'n 'to N 418.5 DEC K 24 %n FRAME W , , f AAA£ UA T LU x 3A. FPS Js "So 115.00 on -iron 0 -4 " Q %i C* re p I' . w c of At^#� T:7n4eAs C s fe r IoAf �n w MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 21.1 1985. PAGE 6 #967 6 #968 JOHN B. IDSTROM 2580 FOX STREET PRELIMINARY SUBDIVISION i CONDITIONAL USE PERMIT - SECOND REVIEW It was moved by Chairman Callahan, secondod by Sime, to table this matter due to an incomplete application. Motion, Ayes 5, Nays 0. #979 DONALD C. WILDMAN 280 WAKEFIELD ROAD AFTER -THE --FACT VARIANCE PUBLIC HEARING It was moved by Chairman Callahan, seconded by Sime, to table this matter due to an incomplete application. Motion, Ayes 5, Nays 0. 92 YLE RAHN ILDBURST TRAIL CONDITIONAL USE PERMIT - SBCOND REVIEW Chairman Callahan explained the application for a Conditional Use Permit to use an existing cabin as a guest house. Lyle Rahn was present for this matter. Assist- Zoning Adm.iriistrator. Gaff ron noted that an actual hardcc review of , property 1:as n.,t been done. Kelley stated he was ad: • able with the quest house use but felt there was a problem with the hardcover. Mr. Rahn proposed a cistern as a possible solution to the drainage problem. He also stated that his son is living in the guest house for the summer. Mr. Rahn noted that back in 1974 the structure was 75' from the lakeshore but since has lost approximately 5 feet as shown in the 1985 survey. Kelley stated that he felt the Conditional Use Permit be issued subject. to the hardcover in the 75-250' realistically conform with that allowed. It was mewed by McDonald, seconded by Kelley, to table this matter pending the actual hardcover calculations and solving drainage problems. Motion, Ayes 5, Nays 0_ GUEST 11011SES/APARTMENTS Due to the recent applications for guest houses/apartments, it was moved by Chairman Callahan, seconded by McDonald, to recommend adopting a resolution/moratorium suspending applications for guest houses/apartments until staff can review and make recommendations. Motion, Ayes 4, Nays 1. Rovegno voted nay stating that he does not feel moratoriums should be taken lightly and felt that staff should be instructed to promptly review and make recommendation. TO: Planning Commission Members FROM: Michael P. Caffron, Assistant Zoning Administrator DATE: Ocotber 17, 1985 SUBJ: #929 Lyle Rahn, 1146 Wildhurst Trail Conditional Use Permit - Second Review: Addendum List of Exhibits - Chronological Exhibit A - 4-1-74 Rahn Variance Application to construct new home Exhibit B - 4-3-74 Staff Memo Exhibit C - 4-8-74 Council Minutes Exhibit D - 4-15-74 Planninq Commission Minutes Exhibit E - 5-20-74 P.C. Minutes approvinq 4-15-74 Minutes Exhibit. F - 4•-22-74 Council Minutes Exhibit G - 7-22-75 Renewal `variance Application Exhibit H - 7-22-75 Staff Memo Exhibit I - 7-28-75 Council Minutes Exhibit. J - 7-23-75 Survey Exhibit K - 8-4-75 Building Permit Exhibit L - 5-22-85 Survey Exhibit M - 5-24-85 Application for Guest house CUP Exhibit N - 6-13-85 Staff Memo Exhibit O - 6-15-85 Welsh Letter Exhibit F - 6-15-85 Letter from Builder- Exhibit Q - 6-17-85 Rahn Letter to Planning Commission Exhibit R - 6-17-85 Planning Commission Minutes Exhibit S - 6-27-85 Staff Letter to Rahn Exhibit T - 7-12-85 Van Nest Letter Exhibit U - 7-12-85 Staff ,demo Exhibit V - 7-15-85 Planning Commission Minutes Exhibit W - 7-10-85 Letter from neighbor Sandin Exhibit X - 9-15-85 Letter from Dick Benson The Planning Commission reviewed this initially on June 17, 1985, and tabled pending receipt of additional information. To briefly review: Rahn requested a variance in 1974 to construct a new hone at 1146 Wildhurst Trail. Official minutes indicate the variance was granted subject to removal of the existing cabin. The variance was renewed in 1975 and a building permit issued under the same noted condition. The minutes never noted any permission to keep a portion of the cabin as a guest house. The upper portion of the cabin was removed, and Rahn has used the remainder as a guest house ever since. Rahn was notified of the need to obtain a permit for certain work being done on the cabin in Spring of 1.985. Rahn was told ' staff that he must apply for a Conditional Use Permit to continue the guesthouse use. In reviewing the Conditional Use Permit application, staff found that all file records indicated the cabin should have been removed in 1975 when the house was completed. LY #929 hyle Rahn October 17, 1985 Page 2 Rahn has presented testimony fr.om various parties stating the the 1974-1975 Minutes are incorrect or incomplete and the the i .;tent was to allow the bottom of the cabin to remain as a guest house. Staff has obtained testimony from the former and present -nc3-e}�ors indicating in general that the minutes generally ref lect the action that did occur and that the minutes in this case reflect what the usual course of action would have been in 1975. In essence we have a conflict between official records and the recollections of a number of various people. The guest house has existed as is since 1.975. The neighbors have r indicated any opposition to continued use of the structure as a guest house. A small portion of the structure is within the 0--75' setback zone, but the majority is within the 75-250' zone. The Planning Commission must make a two -fold "if -then" recommendation, based first on whether structure can remain or whether it must he removed, and secondly whether or not a Conditional Use Permit should be issued for the guest house use. The following are presenteri as tht:,,i possible courses of action for. recommendation: 1. Allow the Structure to remain, grant variances and Conditional Use Permit for guest house use. Appropriate Findings: a) The affidavits and letters submitted by the applicant are sufficient to indicate that the intent of the Council in 1974.and 1975 was to allow the structure to remain as a guest house. b) No neighbors have voiced opposition to the guest house use or to the structure as it currently exists There is no record of complaints about the past guest house use. c) The structure is partially non -conforming in that it extends approximately 3' into the 75' setback zone. d) The intended use as a guest house will not be detrimental to the neighborhood, nor will it pose a threat to health safety or welfare or threaten the surrounding properties, nor will it depreciate surrounding property values, and she use as a guest house is in keeping with the intent and objectives of the zoning code ano Comprehensive Plan. e The variances necessary to be granted are sufficiently minor so as to justify allowing the structure to remain as a guest house. The following variances -ire required: 1) Lot area - 2. U acres required f az, guest house in 1 acre zone; existing lot area v 0.65 acres; variance a 1.35 acres (10.2U Subd . 3 (G)) .,. -- #929 Lyle Rahn October 17, 1985 Page 3 2) Hardcover in 0-75' setback zone _ 52 s.f. = 1%; 0% allowed (10.22 Subd. 2, 10.55 Subd. 8). 3) Structure in 0-75' zone; hone allowed (10.22 Subd. 2, 16.55 Subd. 8). 4) Average setback from shoreline (10.22 Subd. 1). or 2. Ailow the structure to remain, but deny variances and Conditional Use Permit for guest house (would have to remove plumbing). Appropriate Findings: (Rework f indings from Option 1 to f it your recommendation). or 3. Recommend that structure be totally removed. Appropriate Findings: (Find the reverse of a and d above to be true, and find that the variances are too extensive to allow the structure to continue). �Fj� � Yn. dL--,�i tr •. r t �t . ja,,L,. � c ' a..P'"' :I"Q'il. ��-'^► J .. U N. _ t L P�t'r� T/'►" - ✓. �K �r f r+ iHIS� CR I�MEDEEN 00 't For Official Use Only ! Village of Orono Name Lonir:e Variance Application ` Q Case No. I 1 Directions o pp cant: a. Fill out this form in duplicate by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper item number. b. Attach all supplementary material by paper clip. C. File duplicate applicaticns .end filing fee with Zoning Administrator. 1. Name of Owner: Last) First (Middle) ?346 Cedarwood hid e Mtka. Minn. 4 It _P+ {1 11 2. Address of Owner: o. add street) (City and Zone)hone A.4 (approx.) 1AW Wilahurst Trail, Orono 9treet Address of Property Involved: 07 Minn. 4.Legal Description of Property nvo ve Lot 26, Tonkaview Gardena, s.tiec% to restrictions of record in deed r 3670 5. Does this property border on or lie partially within an adjoining municlnality? no 6. Present Js©:Proposed ,;se: Date Property building lot wi h Year- a-oun:i horrua s1.te Acqtdred: on or before May 20, 20, x 20, cabin 9. Present on ng U strict : l o. Variance is requested from the following secticns of the Zor.4.ng Orono j Ordinance: Ni rof AS BEEN What are the requirerents of the ordinance Item 10? liuilding site sh(-)uld be one acre Aluor-JLM .sections li ea in 12. State exactly w at is ntended to be done on or with the property which does not conform with existing regulations: To build a year around home on approx.. 35 525 sq. i (.z38 acre) vs: the required <<?,550 sq. ft. (ogle acre] 3. Has an application for zoning variance on tie same property been acted upon by the Village council within the .last six month:? If so, state the date of the Village Council's action. nf: NOTE: The law requires that *he conditions set forth in the following; three items 14, , 5, and 10 MUST be established befo2e a variance can be granted. Explain in detail after each statement wherein your case conforms the requirements. . Difficulties of Hardship to Owner. Strict application of the provisions of the Zoning Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of the lot in developing or using such lot in a mariner custcv.ary and legally permissible within the zoning district in which said lot is located. Granting of the variance is necessary for the preservation and enjoyment of' a substantial property right of the appli- .-cant end to alleviate demonstrable hardship or difficulty and will not merely serve as a convenience to the applicant. Explain in detail. We would not be permitted to build a home on this property because of the one acre restriction. 15. Exceptional Conditions of the Lot: Ther© tre special condi- tions narrowness, shallowness or shape of a lot, exceptional topographic cr water conditions or other extraordinary and exceptional conditions oi' such lot) applying to the -tructure:� or land in question that are peculiar to the property involved or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. Explain in detail. Only problem is lot is less than an acre. It conforms favorably to adjacent property. 16. Lffect on Neiaborhood and Comprehensive Plan: Granting the variance will riot impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion. in the public streets, increase the danger of fire, endanger the public 2afoty, uni•ea3onably diminish or impair established property values in the surroundinG a, -ea, or in any other way impair health, :safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and any applicable co;aprehensive plan. Explain in detail. Our, plan should add to the value of adjacent property - (vacant lot on the North side) - our plan would be similar to the home on the South side of this lot. It would be an asset and add to the value of adjoining areas. THIS f EM HAS BEEN MICROFILMED OOTZ: The following; material must be attached to this application. 17. A map or plat showing the property affected and all lands within 150 feet of the boundaries of the property affected by proposed change. ( copies) 18. An abstractors certified p-,eperty certificate listing the names and addresses of the owners of the land within 150 feet of the boundaries of the affected property as those names appear on the records of tho County Auditor of Hennepin County. 1(3 Acknowledgement and Signature: The undersigned hereby repre- sents upon all of the penalties of lair, for the purpose of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the Village of Orono and the laws of the State of iiirnesota. i Date i Signature For official omments Only: TO: Planning Commission FROM: DExter Marston, Zoning A&d nistrator DATE: AFril 3, 1974 SUBJECT: VA-RIANCE - Lot 26 - Tonkaview Gardens Present Zoning: R-IC I Acre Proposed Zoning: LR-IB I Acre PETITIONER: Lvlo Rahn LOCATION: 1146 Wildhurst Trail THIS ITEM HAS BEEN MICROFILMED STAFF REVIEW: Lit 26, Tonkaview ';ardens, is 31,600 sq. fT. and varies in width from approximately 65' to 90' widt. The IoT width at the building site would tK, approximately 70' wide. At the present time, there is a 20' x 20' cabin on the lot. Mr. Rahn proposed to remove this structure and construct a year-round home. To the south is Tract A of Registered Land Survey No. II'6 which has a home loca- ted on it. To the north is Lots 24 and 25, Tonkaview Gardens which was approved as a building sit- last fall with a variance. STAFF RECOMMENDATION: Because this lot existed before the existing and proposed zoning ordinance, and due to the fact that there is a home to the south and an approved building site to the north, a variance appears justified. A stipulation should be attached to this variance approval tt,at no side yard setbick variances will be granted. CITY OF ORONO Regular i-leeting of tiie City Council, 7: April 8, 1974 JAIttEM HAS BEFLA The City Council met on the above date with MICROFILMED the following members present: Rayor Searle:, Councilmen Butler, Massengale, Paurus, and Welsh. Butler moved, Welsh seconded, that the 11IiXTES, Minutes of the Regular I•leeting of March 25, 1974, be approved. Motion, Ayes (5) - Nays (0). iiayor Searles opened the Public Hearing PUBLT^. HEARING concerning the water project in the Hackberry iiack.:.ry Hill Water Hill area at 7:40 P.M. The City Administrator presented the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of hailing to affected property owners. After all members present were afforded an opportunity to be heard, the hearing was cl -)sed at 8:40 P.M. Paurus moved, Butler seconded, that the VARIANCE variance for John Anderson, 4191 North Shore 4191 North Shore Drive Drive, be referred to the Planning Commission. Ayes (`)) - Nays (0) . Paurus moved, Butler seconded, that the VARIANCE variance for Frederick Riebel, 440 Stubbs 440 Stubbs Bay Road Bay Road, be referred to the Planning Commission. 1•lotion, Ayes (5) -- Nays (0) . Paurus moved, Butler seconded, that the VARIANCE variance for Larry Berkland, 3550 Ivy Place, 3550 Ivy Place be referred to the Planning C,wtission. Motion, Ayes (5) - Nays (0). Paurus moved, Butler seconded, that the VARIANCE variance for John Zimmer 6 Melvin Dale, County Road 46 ane County Road #6 and Watertown Road, be Watertown Road referred to the Planning Commission. ldotion, ayes (5) - Nays (0). Paurus moved, Butler seconded, that the VARIANCE variance for Lyle Rahn, 1182 Wildhurst Trail, 1182 Wildhurst Trail be referred tj the Planning Commission. Hotion, Ayes (5) - Nays (0). uu 4tEM w� � lots. Tt.3 Zonin, nJministrator explained to the Planning Cor,1nls;:+-1 that they could handle this application i- nne M�CR4f11MED of 3 ►dy (1) Process the aopl icntior, und+,r the prasent n � twin• c•%dinan•:e udder the provisl,m of "siruily separate mr-ers••i! ." (i) Require al lesst V lots be co,ihired before u bu i ; :? i pert., i t wou I d -be i Ssued. (3 1 draft a naw sort lon to thb tun in-t Urdindnce that would spUe- Iflcelty apply to this particular problet. Sever•)l surroundlon property owners rose to object to any vir iu-,cv that would be grunted in the m ly c.roated 5-acre zone. T-,aro was Concern thit a more int,inse Im,,J use would creuty the need for sewer in the future. Gejs:h i.owed, Kullberq seconded Chit Io Plannlnj toimissicn table the variance requost until the 20, 11;14, Planning Camilssion weeti.q at which time iho i in, r•dmit;istr•itor will submit a reap a*ndation. Thu petitioner ha3 rekluested a v�irianca for a lut which is 31,600 Sq. 't. and appro,xl.mteiy 70' OJOD in I. ao-e zone. -10 the ssuth of L-,)t 2t., 1onkoviuri J imens, is a lot with a ho.►e and to the mirth is Lot 24 4 25, Tonkovivw uardons which w:)s r,9nToJ •-) v-jriance Iryt Vill. KalW,tad ,gvnd, iaach socondo,' t);,,t a varimnca be nt)proved since It is i+ Wcsible tq pick up J01.1itional property on *ither ,iie :ind tho varionco i, conditioned upon the remov- al of the axit:tinl structure bnd tho petitioner should un- derstard thai no siou yard v7r i _jrw.e , wi i I be Inpr-oveJ. Ayes i i ► 41ys (U) . i:u l l L;.r) ;,1oveJ, K.jI I vSt&;t seconje,J t i►,jt a var i anoo of faw taundrk el. !t. to a,+;roved for lot A 5 of Lyd i ]rd I ,irk. AYet ,r. J „! 1 ,) r 1 t ItJ reque' - tOU s• :,14 yri!ir.r ion lam? t :ltI ;, ;, It ,`, in oppr'rtunItr to t,. r. 'I',,j !t tht• 1. C. *,,, •inn has purc,►ised Lots 4 .,nv 5. 1, iinnetonk.. ; irk. in'? lot 15, 11r)' %.ilia and apt'tuxi Ot:)ly „i, 41,, in" ,,initwi lot size In thi , irti,; is I with .s lot t , of 14t;'. The Zonin; .,o,inistr,itur retK`rtm `h!+t this ,.r .gas putted _,everol yo.lr�. r:o trafo,c tho OOStin ordinance and none of the tots in the subdivision ,i&J the presen - zonl n J re lu i remnts. look i nq at ttie tax rm-ords, wort peop u oan 2 Or 3 lots which wouI d be apprcw l r,%&te I y 16.00U to 2e,00C sn, ft. inside. Caresif,sioner Pesek felt that the zon- in , ..t line sh..w►A have a .•tansr_if d to follow for si*wetions Ilk* *-5, bvt since the stsn0ard has -tt bo!n rs*inlIshec.. i J.. rfto , ;lad 1 t 1 np a.o,j ; ; be >f>W # an t h 1 * #er t i Cu I .-Ir 8001 ',:It 10- , Lyle •tarn Y]rIonce Arthur Ah i; Variance ! 1 e e' ! F rtPJ o r►C ! 1 1 V:,ir i dnce :.k.'•Iv(.ti) an.'a 'eh art, Var! anco U LA TY OF OROUO M 1 NOTES Rwju(ar i4eeting of the Planning Cormission April 0, 1974. Acting Ch3Irma,, Kullborg called the meeting to order at 7:30 P.R. Mer"rs present Me LUUott�tA.hj Val lasted 1(uIVUor9,� Pssslce i Hbak Nsaibsrs absent: Guthrie and_Cfieir- (� coon YanNest.-- Gaech moves, Pesek seconded that the March 18, 1974, Planning Commission Minutes be approved e3 amondod. Ayes (7) slays (0). Acting Chalrmun Kullb3rg opened the Public Hearing concerning a subdivision of Auditor's Subdivision No. 203, Ueyview Park, Into 4 lots a+ ':40 P.M. The Zoning Adminlstrator proseited tha Notice of --biic Hearing, the Affidavit of 1401ication, and the Certlficate of Mailing to the affected prooerty own- ers. After all mombers present waro afforded the opportunity to be hard, the hearing was closed at 8:10 P.M. The Zoning Administrator Informed tho Planning Commission that the followlM 4 Itces should be considered bofom any approval Is given: (1) According to the County Engineer, the pat)tiontr has platted a portion of the County right- of-way which he cannot do. (2) A hardship mus+ be determined bofore a variance can be granted for proposed Lot 4 which is only 1.45 acres. (3) The Planning (..mission should rtaske sane reccnm3ndat 1 ons regarding nc-n-r 1 par I an r 1()hta for Lots 3 find 4. (4) The City En-Ineor feels that Insufficient date has been submitted In order to at.ko a proper ,judgmont on the proposed plot. Phsak moved, Ko l I ested seconded that the P I ann i ng "m l ss i on approve the proposod subdivision which includes a verlonce for Lot 4 conditloned on the Enginar's approval. The ver- iaa,:* should be granted because of the unlace sh3p3 of the prn..) rty and since the entire lot is 1.9 & _3. Ayes (4) Nays (3). fUo, Gasch, and Kellestcd opposed. 7:30 P.M. Ke m i t Knutson Public Hearing Subdlvfslon j '9 ; l Z jT G; (W THE PIRILAR PLAM 1 NG OCIM1 SS I ON MEETING, KY;DAY, IJJ.Y 20. 1974, 7 : 30 P.14 . The maotI ng was ca i led to order b�Cha I rman VanNsst 7:40 FN. Al l r. at w s present with except"on of ltattostad_. and- CI f Lott. F*seJ_sQndcd. _that _!ba M}nulis.-Qt th_ r April Ib, 1974, Planning Qn-aissicn mooting be approved. Ayes (7) Chairman Var)Wt opened the Public Hearing at 7:42 P.W. r*lard- Herold Anderson ir,g a subdivision of 2 acres off from a 10 acre tract logai ly bubdivislon E,-,wcrib3d as Plot 413CJ0, Parc31 1412. The Zoning Administrator prewntrd "ve Natic3 of Public Nv rIng, the Certlfieato of Mall- Ing, onJ the Affl&;41t of Publication. The PUj,,nfn3 Camisslon a;;rcod that a simple subdivision with c variance for tM► se tack of tte born and for a 1.9 acre lot is justiticd and all future property owners will buy the prop" with full kwwlcdga of the leca'rlon of this tarn. If Mr. Ander- son wore to Cady with the strict otter of flie law, ha wou l d cre:,to • lot with on unusual and u.Alualrable drape. Aftor all Bare aff�rdod an c;>portunii'i to be hoard, the Public Waring was closed at 7:45 P.M. Ku 11 torg moved, Curtis seconded, that the s i rip 1 e subd i v 1 s i on (')with with a v:rir:n;.J for al lining a 1.9 acro lot and a variance from the required 1:0' setback for a stable ba granted ccnditioned On tits palr�nt of a 5S park fca on the 2 acre site, and that U3 rt: , 31 n l ng 8.1 ecres Igo ca..r j reed with the property to Vw Wst. Ayas (7) flays (0). Ctmin:an Ventpast cop3n" the Public Hearing at 7:43 P.M. for the High 1t;rrium prcparty Ic9ally (.:3crltr.j as Plat 41620, Parcel 3WO. The Subdivision 2tmlrvj A,.::iinletrator pra.onled the Affidavit of Publication, the Notice of Public Raor i n9, and the Cart i f icate of Melling. Tips Zoning Ad.-,iinlstrator explains:f to the Planning Commission that the staff felt that it was essential that a public right- of-way be provieed to the proposed 2.9 acre parcel, and that the narrow strip of land which provides Iaka access should be w l tix d from 30' to 5010 Mr. Lahtl - What would to ?he purpose of extianding gong Lake Blvd. as a p;:bllc rcad, and how Mould It be done since the pro- pro€,,J lot is r%'_-rated fra.i U3 public road right-of-wy at the pre:;jnt timj by o prlvste orisc;",*nt? Mr. tlarrlton - Slmo I do not anticipate subdividing my proprty la U-) future, I tz3 no ncod far providing o p0lic rimd. In adds Itlon, 1 t::;-jid bo willing to widen tho SO$ strip, but 1 would 110 to t,:.wp it cs na, rorr as poosibl©. � Ct'�aissloner Gooch - Although the property to tho cast of this is marsh, establishing a stondard of SO' of Lakeshore as being thin minimum ellmmd sadms rc:�sonable. Slnz3 the mare, lakeshore proporty to the cast of the 30' strip ca nnot tea that v3lueblo, it would seam apprw- rlate that we rc.,qulra i' H.rrlwn to provida 500 of loko::hore. fiINUTES OF A REGULAR MEETING HELD APRIL 22, 1974 Councilman Butler departed the Council Chambers at 10:55 P.I1. and returned at 10:60 P.M. Welsh moved, .Searles seconded, to approve the variance of David Slavik and Donald Schultz, 1921 Fagerness Point Road, Plat 42220, Parcel 3700. i4otion, Ayes (3) - Nays (0). Paurus moved, Searles seconded, to approve the variance of John Anderson, 4191 North Shore Drive, Lots 53 & 54, Highwood Lake Minnetonka. Motion, Ayes (3) - Nays (0). Welsh moved, Butler seconded, to approve the variance for Larry Berkland, 3550 Ivy Place, Plat 43480, Parcel 500. Motion, Ayes (4) - Nays (0) . 'Ielsh moved, Butler seconded, to approve the variance of Lyle Rahn, 1146 Wildhurst Trail, Lot 26, Tonkaview Gardens, with the access being off of Wildhurst Trail and that the setback on the property will be similar to others with no side yard setbacks being granted. It is also understood that with this approval goes the understanding that the small house that is standing on the Property now will come down. Iiotion, Ayes (4) - Nays (0). Butler moved, Welsh seconded, to approve the variance to Arthur Ahlm, 3550 North Shcre Drive, Plat 42500, Parcel 6600, Lydiard Park, and that a building permit also be granted to this property and the granting of this building permit is a variance to the moratorium and that the hardship in this particular case was considered to be a home already existing on either side of the property and just a few 100' were involved. Motion, Ayes (4) - Nays (0) Butler moved, Searles seconded, to approve the variance for tlanda Rehmann, 4105 Oak Street, Plat 42620, Parcels 3300-3350, :IAinnetnnka Summit Park. It was realized that there was no more land available. It was bounded on three sides by streets and that the septic sewer system is to he approved by the Council when occupancy occurs prior to the sanitary sewer line going in. A variance to the moratorium is hereby granted in this particular case. Motion, Ayes (3) - Nays (1). Councilman Welsh Nay. Page 7 THIs" ' i dl bAs BEEN MICROf IMED VARIANCE 1921 Fagerness Point Road VARIANCE 4191 North Shore Crivi> VARIANCE ?SSO Ivy Place VARIANCE 1146 Wildhurst Trail VARIANCE 3550 North Shore Drive VARIANCE 4105 Oak Street Ville 5e of Orono Zoning Variance Application rec ons to ppicant: THIS ITEM HAS BEEN MICROFILMED For orficial Una Only Name Cane No. a. Pill out this form in duplicate by typing or printing in ink. If the space9 provided are insufficient, use additional sheets, keying infornation to the proper .item number. b. Attach all supplementary materiel by paper clip. c :�` .: a duplicate applicat.ion9 and filing flee Zoning AdminiatraLor. 'Rate of Owner:(Ea st Firm Rahn, 2. ees of owner: Zo. RM 3 reet ty and Zone)ne 2346 Cec, rwood Ridge, Minnetonka, Minn., 5534, 545 3161 3. Street ress of 1roperty Involved: :il4u wnci,ijur3t `rail egal Description of Property nvolved: Lot 2 a, Tf-)I'Ikaview Garriens 5. Does t ie proper y or er on or lie partially within, an adjoining municipality? 6Present Use: ?, Propo3e tse: (8. ;ate Property }?Psl3entia �, 1 Acquired: i June 9. Present onii-ifDistrict: 0. Variance'is requested rom t e followinz, sections of the Zonirw L.t ID 1 Acre Ordinance: 3�~ r ` ITEM HAS BEEN 1�1�S 11 , Uhat Fri tF:r requirtmonts of L --rdinane Msc ions listed in Item 10? 1 Acre (43,560 sq. ft.) and 140 ft. Lot width Actual = approximately .84 acres(36,525 sq. ft.) 12. tatc exactly what is intended to be done on or with the property which does not conform with existing regulations: Build single family residence on sub -standard lot - no other land a)ailable. 13. Has an application for zoning variance on the same property been acted upon by the Village Council within the last six months? If so, state the date of the Village Council's action.. No. However a variance was approved in April, 1974. 0 T P, The law rr:quires that tho conditions set forth in the 1'0li0wi11L; L111"10 itcrf►:; l t�, 15, and 16 i•1UST be established befo.-o a variance can be granted. Explain in detail after each atateriont wherein your case conforms to the requirements. Diffi(.ultico of Hardchip to Ovrner. Strict application of the provision] of tho Zoning Ordinance would result in peculiar arid practical difficulties or exceptional or undue hardship upon the owner of the lot in developing; or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Granting; of the variance is necessary for the preservation and enjoyment of a cubstantial property right of the appli- c:Gant and to allmviato demonstrable hardship or difficulty and will not merely serve as a convenience to the applicant. Cxplain in detail. No adjoining property availalle for sale THIS ITEM HAS BEEN MICROFILMED Exco tional Conditions cf thr, Lot: There are special condi- tions narrovmoss, ihailowness or shape of a lot, exceptional topographic or water conditions or other extraordinary and exceptional conditions oi' .such lot) applying to the structures or land in question that are peculiar to the property involved or immediately adjoining property and do not apply generally to other land or structure, in the district in which said land is located. Explain in detail. Lot is 64, on the lake, 90' on Wildhurst Trall, 455' and 509' deep. Effect on NoWiborFood and ComprehensivePlan: Granting the var ancci will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congeaticn. in the public street::, increase the danger of fire, endanger the public 3afoty, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to tho intent of the Zoning Ordinanca and any applicable-nmprohenaive plan. Explain in detail. This residence will be consistent with surrounding homes and will in no way impair-}stablished property values in the surrounding area. THIS him Hfs BEEN IMIICRHEIIM NOTM The following material must be attached to this application. 1'j. A map or plat showing the property affected and all lands within 150 feet of the boundaries of the property affected by proposed change. ( copies) 18. Art abstractors certified property certificate listing the namea and addresses of the owners of the land within 150 feet of the boundaries of the affered pr.,)perty as those names appear on the records of the County Auditor of Hennepin County. Acknowlodgerient andSignature: Me undersigned hereby repre- sents upon all of the penalties of law, for the purpose of inducing the Village of Orono to take the action herein requested, that all Ltatements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the Village of Orcno and tie laws of t:-:e State of Ainnesota. 7-P.:-7� Date Signature or official (,orune nt.s Only: TIOS ITEM HAS BEEN MICROFILMED TO: Pick Benson FRCV: I tank ' Vi ich DATE: .July 22, 1975 Lyle Rahn - 1146 Wil(Ewrst Trail Variance - I.ot area and width Mr. Rahn is requesting► a variance from the required lot area and width of his property locAted in a LP-ll, 1 acre zone - lot area of ] 035 se. ft. from tie required 43,560 sq. ft. to the existing; 36y525 sq. ft. and lot width from the required 14r) feet to tTie exiisti�ing Rn ft. `1r. Rahn obtained Council approval of a variance on this lot in April, 1974. IIe was unaware of the fact that our ordinance provides for a one year linit on these variances. Ile has scheduled con- struction of a new ham on this parcel, but now learns another var- iance is rec', d red . The same situation exists as when the previous variance was granted. No other adjacent land is available. Mr. Zahn also agrees Le remove the old structure within 30 (1mys after accupancy of the new structure. OFa C COU.ok:IL i-Il=aG HELD JULY 28, 1975 Page 4 Butler moved, Paurus seconded, approval of the CONDITIONAL USE PERMIT conditional use permit for Deniiiq Sullivan; 3133 3133 Casco Circle Casco Circle, to rip rap his shoreline residential M HAS BEEN property, conditioned that rock is used as a rip THIS ATE rap material, Motioi.; .Ayes (5) - Nays (0) . MICROFILMED i•Ir. Henry Muhich, Building & Zoning Administrator, REZONING discussed the status of the Cheyenne Land Company Cheyenne Land Company proposal to rezone their property. The Planning Commission has agreed to table the proposal for tack of information until August 4, 1975, or until such time that additional information :is available. Air. Henry Muhich, Building & Zoning Administrator, PLATTING informed the City Council that Mr. Ralph Burnett, 2040 Shoreline Drive 2040 Shoreline Driv_, his submitted a platting proposal of the Scott properties which will appear before the Planning Commission August 4, 1975 at a public hearing. Paurus moved, Butler seconded, to deny the request VARIANCE submitted by Muriel Sen.1, 4448 North Shore Drive, 4448 North Shore Drive for a variance from the 75' setback and hardcover requirements as recommended by the Planning Commission. Motion, Ayes (5) - Nays (0). Mr. Henry Huhich, Building & Zoning Ac:ministratcr, CONDITIONAL USE PERMIT discussed the proposal oftheGood Shepherd Lutheran 3745 Shoreline Drive Church, 3745 Shoreline Drive, for a Day Care Center. The Planning Commission has scheduled a public hearing for August 4, 1975 at 7:00 P.M. Butler moved, Paurus seconded, to approve the SUBDIVISION, VARIANCE, subdivision and lot area variance of Lot A and CONDITIONAL USE a conditional use permit for fill for fir. Ed Lehmar; 3525 Shoreline Drive 3525 Shoreline Drive,conditioned on submitting a topographic map and the City Engineer's approval in establishing and maintaining an easement and drainage. Motion, Ayes (5) - Nays (0). Welsh moved, Butler seconded, approval of the VARIANCE variance from the required lot area and width 1146 Wildhurst Trail for ilr. Lyle Rahn, 1146 Wildhurst Trail, conditioned on removing the old structure within 30 days after occupancy of the new structure. Ilotion, Ayes (5) - Nays (0). itr. f4uhich, Building & Zoning Administrator, HE.RRICK CIRCLE reported that 14r. Louis Oberhauser representing they Herrick property has not submitted his request to rezone the property as originally aqreed per Council meeting of July a, 1975. t 1116 Survey F or: T. P. S H I L L 0 C K 0 SCALE. 1" 30' Description: Lot 26, "YorikaView Gardens Hennepin County, h4inp. We hereby certify that this is d trup arw', t orret q representation of a survey of the boundaries of tne land above des(,riW and of the lfxatlr),i of all btidofncls, it any, thereon, and all viijbip encroach - menu, if any, from or on saW land. Dated this 23rd day of Jiily, 197i EGAN, FIELD 9, NOWAK, INC. Surveyors by'. 1 1. 1, 1. F. re,ilratwo No. W3 M7 ?9 APPLICATION FOR BUILDING PERMIT AND CERTIFKATE Of OCCUPANCY VIUAGE OF ORONO, MINNESOTA D/RECTlO A SPACESMAMEAM I TNRU I)MUST BI. F!LLE11IN BEFORE PERM r 151S311rO IP44%• P, �nl c, Y,"I I SITE ADDRESS 7 LEGAL OISCRIPtION T f11AuR,45 I O r a OWNER flraN S._.MCHITECT 7 TYPE of WORK a SI l E Of S T RLtC i lA[ W �t IWr 10k 11 CQMK'L[TTONpATE �-.- TPEMAII Mi__ I N° 3112 ! OATE 11 PARCELARAMkIll C00 IAaMN�1 IAdamill (Aaf►eNl �Ir.-It, • NO Of [TORTE[ 17 PROPERTY DomlimmON[ ,Ike 3 A j Q PERMIT iEE __ 1 ATE iEE --,r23n, p /EST aPI.kfAc�+tilc V --"--., TOTAL fEE_,G_3. b as "Alto Cost 9 pp o q feO 4i RANI +E S I N 4.p; -Z 114 TTPEOfCONSTRLICT*N IS PR0PCRTrAlit, A LO[T"IA01RFAMILT fl0 PT f T 111 FRONT •Ailp n ,IF ACKNOWLEDGEMENT AND SIGNATURE: 1 i The undersigned hereby represent: , , all oI the per 11 rs of 1rWv. for Va purpose of inducing the VILLAGE OF ORONO to take the action herein requested that ❑II statemprits herein are true enc) Vtat all work herein mentioned will be done In accordance with Khe ordinance of the VILLAGE OF ORONO, the Slate of Minnesota and r ul Ings of the Budding Oepsr Iment , ji),'z pqs'TTfii APPROY[O l ONup (listo'cT f IRE ?oNE AGGREGATE icon AREA FLOOD AREA RATIO� MATERIAL iIt CWTH — 0�%yTAEETPAf IW 1 L I Ip 1 r ♦ e K Of OL L UPAW T Is"0 I LDATr r/ J � � S urvey For:_ lyie Rahn � e J� 2 O _J * 9f SCALE. P 30' N �'_scription: Lot 26, 1onkaview Gardens Hennepin County, Minn," �6r We hereby certify that this is a true arxl t.orrect representation of a surety of the boundaries c" the pQ land above described and of the location of all buildings, it any, thereon, arW all visible encroach- ilentb, if any, from or on said land. Dated this 12nd day of ",iay, 19F,". LEAN, f ILLD 3 X S u r veyo if N,in,nesnta Regrctratron NVO. 9053 2 1' 7 TO: Planninq Commission FROM: Michael P. Gaffron, Assis'_ant 'Zoning Administrator DATE- June 13, 1985 SUBJECT: #929 Lyle Rahn, 1146 W.i.ldhurst Trail - Conditional Use Permit. Zoning District - LR-lB Request - Conditional Use Permit for an existing guest house List of Exhibits Exhibit A - Application Exhibit B - Construction Plan and Request Exhibit C - List of Property Owners Exhibit D - Plat Map Exhibit E - Survey Exhibit F - 1974 Variance Ap..,lication Documents The applicant is requesting a f�)rmal conditional use permit for a guest house located in his lakeshore yard. This structure has existed on the property since prior to 1974 when the applicant purchased the property. This structure was ie only structure on the property whin the applicant bought the property. On April 1, 1974, Mr. Rahn subm t.ted an application to the City for a variance to build a new home on he 0.838 acre lot in a 1.0 acre zone. This variance was subsequently . pproved by Council on April 22, 1974, conditioned on the existing ca)in being removed. Mr. Rahn did not obtain a permi+ for his new home within the one year time limit, and his variance expired. He '-hen in July, 1975, reapplied and was again grantee; a variance on ;:: 28, 1975 under i.he condition that the old structure be removed nin 30 days after occupancy of the new structure. Mr. Rahn subsequently obtainr d a building permit on August 4, 1975, upon which appears the natation "approved by V.C. 7-28-75 conditioned on removal of existing house". The building inspector at that time was Mike Scheller. The house would have been nearing complet;.on about. the time Mr. Scheller retired on January 16, 1976 hence it is likely that no followup ever occurred to verify that Mr. Rahn had indeed fulfilled tt conditions of that approval. In the: spr.. .g of 1985, Tom Jacobs became aware that Mr Rahn t.du already completed some remodeling on the structure, and convinced Rahn that a F^rmit was requird, Jacobs being unaware that the structure was illegally existing. Rahn obtained a permit for $25.50 rased on an $1,800 estimated ronstruction value (no plan review wss required). #929 Lyle Rahn Page 2 June 13, 1985 Upon inspection, the inspectors noted that a deck had been placed in the 0-75' setback zone, and that a conditional use permit was required for the guest house. Rahn was notified per the inspection slip to remove the deck and that a conditional use permit was required for the guest house use. Other construction items needing revision were also noted. Mr. Rahn applied for a conditional use permit i , 1985. My file investigation today revealed that the structure its illegally per the 1974 and 1975 variances, and per the c.Dndit.,,,is of the building permit that was issued on August 4, 1975. Staf f recommends that the conditional use permit be denied based on the above related facts, and that. Mr. Rahn be ordered to remove the structure within 30 days of Council's final action on this matter. It is our opinion that Mr. Rahn has no legal right to keep this structure on the property, and furthermore, it can be considered a non -conforming structure because portions of it are less than 75' from the lakeshore. .June 15, 1985 To Orono Planning Commission: This letter is written at the request of Mr. Rahn to confirm my recollection of the following points: 1. that I was a member of the Orono City Council in 1974-75. 2. that I reside at 1214 Wildhurst Trail, Orono, Minnesota, and that I am a neighbor of the Rahns and very familiar with his property. 3. that I was the maker of the motion to approve the variances requested by the Rahns and was very familiar with the terms and conditions of their request (see attachment). 4. that one of the conditions was that the Rahns remove the first floor, of the small house so as to essentially reduce the structure to ground level as viewed by the ajoining neighbors. 5. that it was also verbally understood than the Rahns would now and forever paint the structure in ez.,thtone colors so as to blend into �th__�e�bAZ�k. They would lands7ape and shrug so as to` -be as uhoii'irusive as possible. Therefore, the motion did not describe the complete terms and conditions as it was understood the first level would be allowed to permanently remain. The motion as s own in the minutes of that meeti�rig— oZSViously is incomplete. 6. that the Hahns would use the structure for family uses only and would not rent out tha remaining walkout level structure. 7. that as a neighbor of the Rahns, I hereby testify L►iat they have met the written and verbal terms and conditions as set forth by the council in 1975. Therefore, a conditional use permit application is not needed because the council understood that only the top of the cabin had to come down and the lower level would remain. 8. It appears to me that incomplete record keeping, on Orono's part is causing needless harrassment and expense to Mr. Rahn. Gax'`y Welsh 1214 Wildhurst Trail Orono, MN 55364 GW,/cb P.S. If you have any questions, I Att will be available for. a phone cc: Orono Counc]1 Members call Monday eveninh, at 4'72-443-8. T. P. Shillock Construction Company June 15, 1985 To whom it may concern: This is to verify that the following points are correct: 1. T. P. Shillock did construct a home for Mr. and Mrs. Lyle Rahn at 1146 Wildhurst Trail, Orono, Minnesota, during the summer of 1975. 2. A variance was approved by the City Council before a building permit was issued for this project. 3. Before final inspection, the small cabin which existed would be tern down. 4. Mr. Ra n 1 The building nE—ector did sign off the final approval in late October, 197�). The R,ahns moved into the home on October =5l, I979. 5. The bank where the Rahrs secured their loan required a copy of the final approval before they would accept the mortgage on the above listed property. Respectfully submitted, Thomas Shillock, president Shillock Construction Company DATE: June 17, 1985 TO: Ou no Ptann i.ng Comm.4.44.i.o n FROM: Lyle RahnYg " - SUBJECT: Public H June 17, 1985 Bued on ,the documentation 1 have pn.ov.ided you and on .the advice o6 pen,aona expeAt in these mattenb, inetuding Gany W Ah and my Legal eounc t, I henebo "du my nequeat bon, a condi.ti.onat u6e penm,i,t. Based on .the apparent Lack a6 expenti.ae, bad advice, and mi.6in6otmation on ,the pant o6 .the building inapeeton and zoning admi►wstution bon .the City o6 On.ono, I have incwmed costa o6 oven. $600.00 and thue days o6 my altowed vacation time. &Lsed on .the above. 6aett6, 1 .,Eequ(,.6t .the 6oUowing action ituns 6nom the Pkanning Co►ronE64a.on: That the zoning admi.n.i,6thation be diAec ted to ae tuAn my $100. 00 bee bo4 the t,i.mi,ted u4e permit. 2. That copies o6 document6 '1 have 6ubmitted to you be marked by 6ta66 as )Leeei.ved, dated, and netunned to me in one and one-hat6 wonki.ng da y4 (the name amount 06 .time I was attowed to n.eaet to the ata66 heeommendation). 3. That the 6ta.66 o6 the zoning o66ice and the building inepeaton be directed by the eommi4a.con to cea6e and dea,i.at 6nom any 6u4then action on VLZ6 matter. La,6tty, I ku:Ah to state in wkit- ng my aVwng objection to the aAAogant and ca.6uat attitude 06 the zoning admini.a.tnatou in thei4 tecommendation to you that 1 de6tn.o y a ponti.on o6 my pn.open.ty that I have been using and paying taxes on bm move. than 10 yeana. By the way, even the IRS, that we W know and Cove, do not nequ.ine you to keep teeond6 bon 10 0". LER:jf cc On.ono Counc i.t Membeu Le.Vandeh, Z.emp6en, Zo.ta.tey, and Vanden Linden MINUTES OF THE ORONO PLANNING COMMISSION MEETING IIELD JUNI. 17, 1985. PAGE: 12 #928 PULA Goetten noted that she personally could not approve the (Cont.) application regardless of the septic information received because the existing lot is less than one acre and is located in a two acre zoning district. Kelley stated that he might vote for approval after the: additional septic information is received. Taylor concurred with Kelley stating that if the septic information received was positive that he would be able to vote approval for the application. McDonald noted that approval would set a precedent for future applications and that she was undecided at the moment as to which way to vote. Sime also felt if the septic infcrmation received was positive he would be able to vote for the application. Rovegno stated that the City should consider some new standards for guest houses since guest apartments are becoming more prominent. Chairman Callahan stated that he would feel hesitant in approving a second dwelling on this lot since it is under an acre. Chairman Callahan closed the public hearing at 9:59 p.m. Chairman Callahan moved, Sime seconded, to table the Pula conditional use permit application pending receipt of the additional septic information requested by staff. Motion, Ayes (7), Nays (0). P46 LYLE RAHN WILPHURST TRAIL CONDITIONAL USE PERMIT PUBLIC BEARING 10:01-10:17 PM Chairman Callahan called for the public hearing at 10:01 concerning Lyle Rahn's conditional use permit application for an existing guest. house. Assistant Zoning Adminis- trator Gaffron noted the ceztifir_ate of mailing and the affidavit of publication. Lyle Rahn was present. Harriet Morgart of 1103 Wildhurst 'frail was present for this public hearing but had no comments. Assistant Zoning Administrator Gaffron stated that the applicant has been asked to file a conditional use permit for a guest house located in his lakeshore yard. Gaffron stated that the structure existed on the property since prior to 1974. Gaffron stated that the ;:nplicant submitted a variance application to build a new home on his lot in 1974 which was subsequently approved. Gaffron noted that as a condition of the variance approval, applicant was asked to MINUTES OF THr ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGF 13 #929 RA13N remove the existing guest house. Gaff ron noted that t.e (Cont.) applicant never complied with the condition of the variant-, of approval. Gaffron stated that the original building inspector retired and followup probably never happened. Gaffron stated that the applicant made repairs to the illegal structure after receiving a building permit for the repairs. Lyle Rahn submitted three letters to the Planning Commission (1 from previous-P+RWrriTYg member Welsh; 1 from Thomas Shillock of Shillock Construction Company; and 1 from Lyle Rahn --all letters are attached to these minutes). A �Lyle Rahn addressed staff Is memo and comments. Rahn noted (y that he purchased the property in 1972 but because the property was is estate they never closed on the property {� until 1974. Rahn confirmed that the Council did grant a variance but apparently the records do not show the L conditions teat were ;.lso approved in terms of having the cabin remov`d . Rahn confirmed that he did receive variance approval and the variance expired before the building permit was issued. Rahn stated that he reapplied and was granted another variance. Rahn stated that he did obtain a building permit for the home and a final inspection was made by Mike Scheller as testified in the letter of Shillock Construction Company. Rahn stated that a bank would not approve a loan for a new home without a final inspection. Lyle Rahn stated that he did do remodeling on the guest house structure but that he didn't know he needed a permit to change carpet and change bathroom appliances on the structure. Rahn stated that he has since learned from staff that he cannot do a single thing on his home (except paint) without a permit. Rahn stated regarding staff's comment that the guest house required a conditional use permit, that Tom Jacobs caught him in a soft moment and went along with applying for the conditional use permit. Rahn stated that staff 's comment classifying the guest house structure exists as an illegal structure is false and incorrect as testified in Welsh's letter. Rahn stated that those of you who know Welsh know that Welsh would not let an illegal structure remain on his neighbors property. Rahn noted that he was instructed to remove the top part of the structure and noted that he conformed to that. condition to reduce the structure to ground level. Lyle Rahn stated that he formally withdraws his application as set.forth in his letter to the City submitted tonight. Rahn stated that apparently the minutes back then are just the published minutes and not the "working" minutes. Chairman Callahan closed the public hearing at 10:17 p.m. Callahan asked if the applicant has used the structure as a guest. house. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1985. PAGE 14 #929 RAHN Lyle Rahn sated yes he has used the structure as a guest house (Cont.) for 10 years. Rovegno moved. Sime seconded, to table the Lyle Rahn application until staff can research the history of this matter and get legal counsel regarding this matter. Motion, Ayes (7), Nays (0). #930 JIM SHAVER 1080 FERNDP.LE ROAD WEST VARIANCES PUBLIC HEARING 10:20 - 10:27 PM Chairman Callahan called for the public hearing at. 10:20 p.m. concerning Shaver's variance application. Zoning Adminis- trator. Mabusth noted the certificate Df mailing and the affidavit of publication. Jim Shaver was present. Jim Thomson was present representing Alan McDowell at 905 Ferndale Road West and R.C. Bagley of 1105 Ferndale Road West. There was no one else present from the audience for this public hearing. Zoning Administrator Mabusth explained that the applicant seeks a rear setback variance to construct a new home. MaL,isth noted that sewer is available to the property. Mabusth noted that this is a very limited building envelope. Jim Shaver noted that he discussed his proposal with the most affected property owner (Lowry) and the owner had nothing negative to say about proposal and does not object to proposal. Assistant Zoning Administrator Gaffron confirmed that Mr. Lowry visited the office and affirmed his approval of the application. Jim Thomson was present to note the McDc ael l' s and Bagley' s objection to this variance proposal. Thomson noted that the applicant purchase the property in July, 1981 and a letter was written to the applicant in May, 1981, confirming that a home could be built without a variance. Thomson noted that the applicant has not demonstrated any type of hardship for the granting of the variance. Thomson noted that this house obviously is more marketable but this is not a valid hardship. Thomson noted that the applicant was made aware of the limitations of the lott when he purchased the lot. Jim Shaver stated that this is a very modest house plan (in consideration of surrounding neighborhood). Shaver noted the total square feet of the proposed Nome is 3,600. Chairman Callahan stated that. the letter the applicant received was in error. Callahan noted for the record that the property owner objecting to the proposal lives across the road and this is a rear setback variance. Callahan noted that the owner objecting is not the most affected property Owner. Callahan closed the public hearing at 10:27 p.m. CITY of ORONO Pc A Office. BOX 660Crystal Bay, Minnesota 5!S3:.3•Municipal Officer On the North Shore of Lake Minnetonka June 27, 1985 Mr. Lyle Rahn 1146 Wildhurst Trail Mound, MN 55364 Re: Conditional Use Permit for Guest House Dear Mr. Rahn: This letter .s to clarify for you the City's position regarding the status of your lakeshore quest house. A search has been made of the City f i l.es and has uncovered no new evidence other than that presented at the June 17th Planning Commission meeting. All existing documentation refers t., "removal of the structure," with absolutely no mention of a partial removal or cosmetic treatment as described in Mr. Welsh's letter. Additionally, we have been unable to uncover any later application or approval by the Council which would have allowed the structure to remain. We are continuing our investigation into this matter in order to gain input from ot.het parties involved in the original variance application review. I will refer you to Zoning Code Section 10.20, Subdivision 3 (G) (copy attached) which requires that a Conditional Use permit must be obtained for continual use of the guest. house. Again, there is no record of any I. v _ous approval for this quest house use on your property. Therefore, it is the City's position that a conditional use permit is required for your continued use of the guest house, if in fact it is determined that the structure can remain on the property. Your application will be placed on the July 15, 1985 Planning Commission agenda for further review. Any further information you can p-ovide prior to that meeting will be accepted. II R contact Zoning Administrator, Jeanne Mabusth if you have Piny ques, ons. Sincerely, > Michael P. Gaffron; ' Assistant Zoning Administrator rnclosur.e tUil.b#A A ZONING 473-7357 • ADMINISTRATION A FINANCE—473.7358 • PUBLIC WORKS 473.7359 ASSMNG 111iy 12, I itrono City Council & Planning Commission Subject: Lyle Rahn Variance Application Dear Ladies & Gentlemen: Because I was a member and Chairm i. of the Oronj Planning Commission during the period that the original variance was granted to Mr. Lyle Rahn for the construction of a home at 1146 Wildhurst Trail, I have been asked to review this file. I have reviewed the file and to the best of my recollection, can remember no other stipulations other than those that are clearly stated in the minutes of the Orono Planning Commission meeting of April 18, 1974, the minutes of the Orono City Council meeting of April 22, 1974, and July 28, 1975. The granting of a variance to allow a home to be constructed on a substandard size lot when said lot was in single separate ownership and connected to municipal sewer was consistent with the actions of the Orono Planning Commission and City Council during this period. All of the information that I have reviewed and my recollections of this matter indicate that the approval to grant a variance was based on the agree- ment that the existing cabin which partially lies within 75 feet of Lake Minnetonka would be removed after the construction of the new house. This requirement was also consistent with the Orono Planning Commission and Council's actions involving existing structures that are within 75 feet of the lake. To my recollection, the City has never approved a lot size and width variance for the construction of a new home that would allow the continuance of <n existing structure that was within the 75 foot lakeshore setback. I hope that this information is useful of this matter, and if I can be of any please feel free to contact me at your Thank you for your cooperation in this Yours truly, Z. V? J William B. Van Nest — 3295 CARMAN ROAD in your deliberation further assistance, earliest convenience. , matter. EXCEI.SIOR, MINNESOTA 55331 To: Planning Commission Members From: Michael P. Gaffron, Assistant ''Zoning Administrator Date: July 12, 1985 Subject: #92.9 Lyle Rahn, 1146 Wilr1hurst Trail - Conditional Use Pernit - Second Review List of Exhibits Exhibit A - Planning Commission Minutes 6/17/85 Exhibit B - Staff Memo 6/13/8L) Exhibit C - Rahn Exhibits S-lbmitted at 6/17/85 Planning Commission Meeting Exhibit D - Copy of Survey Dated 7/23/75 Exhibit E - 1974-75 Variance Documents Exhibit F - Van Nest Letter 7/12/85 Staf f has investigated fi, rther into the Rahn matter in order to discover whether there ever wa3 an intent by the Planning Commission or Council to allow the structure in question to remain. Our file search unearthed no "working minutes" as Mr. Rahn alluded to, and the fact remains that the cfficia minutes and files, including staff memos, applications submitted b applicant, the 975 survey, etc. all clearly discuss removal of the existing cabin. Mayor Butler was on the City Council at the time (a�I in fact seconded the 7/28/75 motion for approval based on removal (_ f the structure.) and has stated that the official minutes on file are generally very accurate. A letter to the Council and Planning Commiss on dated 7/12/85 from Brad Van Nest, who was chai rrr r, of the Plannin( Commission during that time, states that he reca: :,o stipulations, conditions, or approvals other than what is show.. -,, the officia minutes and that removal of the structure would be consistent %ith the City's policy at that time. (For the record, official minute. s show that Van Nest was absent from the 4/15/74 Plaini.ng Commissir,1 meeting this application was re- viewed). Staff has contacted former Bui'Jing Inspector, Mike Scheller who stated he would have to visit the site in order to recall this project. Although he has made tentative arrangements to meet with Jeanne Mabusth, the meeting has not occurred as of yet. Based on all the information contained in the official City files and submitted ' applicant and other parties, staff would suggest that the follo, ire valid conclusions: Official City records indicate clearly that the structure in question was to Le removed upon completion of the new home. No where do the records indicate t.l,at any portion of the structure was allowed to remain. No official record exists of any actual detailed discus. ion which may have taken place at Planning Commision or Council meetings at that time. Zoning file #929 July 12, 1985 Page 2 2. There are conf 1 icting statements on f i e as to whether the official minutes are accurate and whether ti,ey reflect the actual intent of the Planning Commi.sion and Council in 1974 and 1975. 3. The structure was not, in fact remov- Only the frame cabin portion was removed, leaving the f- and basement portion remaining. 4. The remaining structur. �n used as a guest cabin on occasion since the structed, -,nd con- taiz)s plumbing. 5. Regardless of whether ..ructure is legally existing on the property, t. house use requires a eondit.onal use permit per 2onin .,uce Section 10.20, Subdivision t. Mr. 2ahn's "withdrawal" of the application for a guest house conditional use permit suggests that he intends to Discontinue the use as a quest house. Regardless of whether a guest house conditi!:..1al use permit is granted, the structure, by virture of .its location partially within the 0-75' setback zone, is non- conforming and subject to the pertinent c..-ainannes. A conditional. use permit for recognizing any continued use of the non-conforring structure would be appropriate if the structure is allowed to remain. Based on the f cts y 1 have be- give, what is your recommendation: a) ShoulO the ::on -co. for ing accessary structure he allowed to rema_ ? b) If it is allowed to remain, would you recommend a conditional use permit for the guest 1-cLee use? c) If you do not recoam-nd c,-,anting a conditional use permit for guest house, note that staff must inspect the structure to deter- mine necessary alterations within so that it will. not be con- sidered as a second residential unit (i.e. plumbinq removed). MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 8 #906 SHIRLEY MCWILLIAMS Zoning Administrator. M..,. ;sth explained that this application nvolves lot line rez rra.� ement. It was tabled pending the Cryo .ai B,_ , Sewer Project. The new line is 29' from the oln line. There is a 15' wide utility easement. McWilliams sited that the driveway will not Le shared. Zoning Administrator Mabusth stated for this review the City asked to grant a pe --anent variance for either - .ached or attached garage. The City has placed ional limi'ations on this property with the creation of a utility easement along the realized shared lot line. Chairman Kelley concurred that one option is to build a detached garage to cut down on required setbacks or add an attached garage with a 25' side set-ack variance, which will be taken care of right now. Chairman Kelley moved, McDonald seconded to table application $906 Shirley McWilliams, 1120 Willow Drive for a Subdivision so appl ant can d; scuss with C4 �y si_af f. the is ;ues. Motion, Ayes '1j, Nays (0). #" 929 1 LYLE RAHN 114 1WILDhoRST TRAIL, ITIOWAL USE PERMIT SECOND REVIEW Lyi. Zahn was not present. He had requested to have his application tabled at this meeting. McDonald moved, Taylor seconded to table the application for a conditional use permit for #929 Lyle E. Rahn, 1146 Wildhurst —ail. 4134 ROBERT TSCH I UA 1300 FO0 " 4FUT VAR 1.iNC.. PUBLIr" BF.AHltar 9:21 - y:24 PM Katherine Ts h, was present. Assistant Zoning Administrator Gaifron noted the certificate of mai ling and the affidavit of publication. There was no one present from the publit- Assistant Zoning AdnixnistrF.tor G_ ' on explained that the Tschidas were proposing to em'^::? a small entryway, appr-.,ximately 4'x9.8'. July 10, 1985 TO: Orono Planning Commission This letter is written at the request of Lyle and Joan Rahn to testify to the following points: 1. That I reside at 1186 Wildhurst Trail, Orono, MN. 2. That I am the next door neighbor of the Rahns. 3. That I attended the City Council meeting where the Rahns received approval for a variance to build their• home. 4. That 1 have reviewed Gary Welsh's letter of June 15, 1985 written to the Planning Commission and find his statements to be true and correct. incerely, 1186 Wildhurst Trail Orono, MN 55364 Dick Benson 4365 North Shore Drive Orono, MN 55364 472-2101 September 15, 1985 off 16 I U COY, OF ORONO TO: Orono Planning Commission Lyle Rahn :gas asked me to write this letter to help validate the points made by Gary Welsh in his communication to you on June 15, 1985. I have reviewed Mr. Welsh', letter and as City Manager during this period, find his statements to be true and correct to the best of my knowledge. I hope you find this, letter• helpful in your deliberations. Sincerely, Dick Bens n E: A City of ORONO FZESOL.UTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G), SECTION 10.55, SUBDIVISION 8 AND SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE l929 WHEREAS, Lyle E. Rahn (hereinafter "the applicant") isrthe owner of the property located at 1146 wildhurst Trail within the City of Orono (hereinafter "City") and legally described as follows: Lot 26, " )nkaview Gardens Hennepin County, Minnesota" (herein- af ter "F )erty") , and WHEREAS, the applicant has made application to the City of Orono to permit the use of an existing accessory structure as a guest house, per 'honing Code Section 10.20, Subdivision 3 (G) granting of which would necessitate the concurrent granting of variances to lot area, iakestore setback, average Lakeshore setback, structure within the 0-75' setback zone, and hardcover, as regulated in Zoning Code Sections 10.20, Subdivision 3 (G), 10.55, Subdivision 8 and 10.22, Subdivision 1 and 2.. Minnesota: NOW, THEREFORE.., BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zon `_e #929. 2.. The property is located in the LR-lb .i.,,gle Family Lakeshore Residential Zoning District. 3. The property is approximately 0.65 acre in area. 4. The guest house structure in the current location existed as a cabin with basement and one story pr4.or to 1974. 5. Applicant was granted lot area and lot width variances in 1974 and again in 1975 to build a new residence on the property, subject to the condition that the existing cabin be removed. 6. Ail documentation existing in the official City records indicates the cabin was to be removed, but does not indicate whether the basement or foundation was allowed to remain. The official minutes of the Council meet.inqu of 1974-75 Rio not contain a record of the actual discussion on this application, but: merely state the action taken. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. i. Applicant has provided testimony from an adjacent neighbor, from the applicant's builder, from the former City Administrator, and from the Councilman who made the motion of variance approval on July 24, 1975, that the intent of the Council was to require that only the superstructure be removed, allowing the basement to remain as it guest. house. 8. The ca.Din (or first story) of the structure was removed in 1975, leaving the basement portion, which the applicant has maintained and used as a guest house sinc^ that time. 9. The Orc•no Planning Commission reviewed this application on rune 17, 1985, October 21, 1985, and November 18, 1985 and ecommende�. approval of the conditional use permit and variances based on tt.e following findings: a) Ty-e affidavits and letters submitted by the applicant are sufficient to indicate that the intent of the Council in 1974 and 1975 was to allow the structure to remain as a guest house. b) Nc neighbors have voiced opposition to the quest house use or to the structure as it currently exists. There is no record of complaints about the past guest house use. c) The structure is partially non -conforming in that it extends approximately 3' into the 75' setback zone. d) The intended use as a guest house will not be detri.- mental to the neighborhood, nor will it pose a threat to health safety or welfare or threaten the surrounding pro- perties, nor will it depreciate surrounding property values, and the use as a quest house is in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan. e) The variances necessary to be granted are sufficiently miner so as to justify allowing the structure to remain as a guest -iouse. The following variances are required. 1. L.ot area - 2.0 acres required for guest house in 1 acre zone; existing lot area = 0.65 acres; variance = 1,35 acres (10.20, Subd. 3 (G',). 2. Hardcover in 0-" ' setback zone - 52 s.f. = 1%; 0• allowed (10.22, Subs. 2, 10.55 Subd. 8). 3. Strurture in 0-7 5' zone; none allowed (10.22, Suhd. 2, 10.55. Subd. 8). Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Average setback from shoreline (10.22, Subd. 1). The structure is located as much as 50' or more nearer the lakeshore than the adjacent homes, but in no way encroaches into the lake views of the adjacent homes due to the relative elevations of the structures. f) Existing hardcover on the property is approximately 35.5% in the 75-250' setback area. Applicant can feasibly reduce this to 34.5% by removing plastic sheeting underlying the stairway on the property. g) Applicant has addressed and has made preliminary plans for solving the drainage and erosion problems existing on the property. 10. 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 zoninc district; that granting the variance would not adversely aff ect traffic conditions, light, air nor pose a fire hazard or o'_.her danger to neighboring properties; would not merely serve ae, 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 Flan of the City. 11. The City Council finds that granting a conditional use permit to allow the structure as a guest house will net be detrimental to the health, safety or g- neral welfare of the would not adversely affect light, air nor pose a fir( hazard or other danger to neighboring Iroperties, 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 objecti.ea of the Zoning Code and Comprehensive Flan 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 permit for use of the accessory structure at 11.4E Wildhurst ''rail as a guest house per Zoning Code Section 10.20, Subdivision 3 (G); and further grants a variance to the lot area requirement, allowing a total lot area of 0.65 acres instead of the 2.0 acres required for a main house 4nd accessory guest house in the LR-lB zoning district per Zoning Code Section 10.20, Subdivision 3 (G); and further grants variances to the requirements of Section 10.22, Subdivision 2 and Section 10.55, Sub- division 8, allowing 1% or 52 s.f. of hardcover in the 0-75' lakeshore setback area where 0% hardcover and no structure is normally allowed, and allowing 34.5% or 4,075 s.f. of hardcover in the 75-250' setback area where only 25% hardcover is normally allowed; and further granting a variance to Section 10.22► Subdivision 1 to allow the existing encroachment into the average lakeshore setback where no encroachment is normally allowed; subject to the following conditions: Page 3 of 5 City of URONO RESOLUTION OF THE CITY COUNCIL NO. 1. The guest house shall not be rented out. The guest house structure may not be expanded. 2. Applicant shall remove the plastic sheeting from underneath the wide stairway between the house level and the lower road level. 3. Maximum hardcover allowed in the 0-75' lakeshore setback zone is limited to the existing 52 s.f. Maximum hardcover in the 75- 250' lakeshore setback zone is limited to 34.5% or 4,075 s.f. 4. Applicant is placed on notice that any drainage or erosion control system proposed is subject to City review and approval. 5. Violation of or non-compliance with any of the terms and ccnditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and cn 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 December, 1985. ATTEST: Dorothy M. Hailin, City Clerk Mary C. Butler, Mayor��T (1 ) Property owns r I'acp, 4 of `) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. I.-UNTY 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 foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act anc3 deed. NOTARY PUBLIC MY COMMISSION EXPIRE: Page 5 of 5 To: From: Date: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Jeanne A. Mabusth, Zoning Administrator December 6, 1985 Subject: #980 Richard Keaveny, 3423 Shoreline Drive - A) Preliminary Subdivision rt 1 B) Request for building permit for Lot 2 prior to final plat approval A) Preliminary Subdivision Mr. Keaveny advises that he will proceed with the subdivision as pro- posed subject to the City's conditions of approval. The applicant has asked hat the following issues be addressed by Council: 1. Who is financially responsible for the installation of signs and light posts and other improvementr, `hat result from the County's upgrading of County Road 15? Staff is unable to give direction on this question until many other issues are first resolved by the City (example: potential of tax increment finance district, public/private cost share, spr-ial assessment). There are many alternatives available that will be considered by the City but we are unable to respond at this time. The City must deal with a more comprehensive approach rather than an individual response. We will be dealing with several affected property owners on this matter in the future and hope to establish an equitable policy for all. 2. How will the reduction in parking affect future and existing uses on his property? Staff has reviewed both existing and potential parking on the site (review City Engineer's sketch) as follows: North Parking -Area: a) Prior to County Road 15 Improvement Stalls Area Existing Required Liquor Store 1,056 s.f. 7 7 Drug Store 4,500 s.f. 33 30 Total 40 37 Zoning Fiic #980 & 982 December 6, 1985 Page 2 b) After County Road 15 Improvement (Loss c 0 parking stalls resulting from dedication of right-of-way) Existing = 20 Required = 37 Cook advises that there isn't enough room to redesign for diagonal parking spaces and that there will be an overall loss of 20 spaces. Keaveny asks Council for direction concerning his plan to increase his selling floor area 1,000 s.f. Thi_: will create an addition demand for 6 parkings stalls: nrng Store 5,500 s.f. = 36 Liquor Store 1,056 s.f. = 7 43 Stalls Required 40 Stalls Available Prior to County Road Improvemen 20 Stalls Availab-le After County Road Improvement Keaveny has also asked that we address his plan to complete a western addition tc his existing structure that will involve 2,600 s.f. of potential retail area for new use: Drug Store (with addn. retail area) 5,500 s.f. = 36 Liquor Store 1,056 s.f. = 7 Addition 2,600 s.f. = 17 60 Required 20 Ex- sting After Improvement South Parki_n2Area: - Serving bowling alley in basement of Keaveny Building Per Section 10.61 (M) 1 Alley Requires 5 Spaces 10 Alleys Existing Requires 60 Spaces Existing_ 61 Spaces Based oil Expansion of Eastern Edge of Parking Lot Staff is not aware of any parking problems on the Keaveny site - the loss of 20 :spaces is severe in consideration of a total future demand for 120 (60 from upper levels and 60 for bowling alley) wittz a potential for 81 spaces. The southern parking lot is not used by customers using upper levels probably because of poor condition of access stairs to upper levels and lack of si.gnage advisinc of available parking area to rear. The southern park,.ng lot has never been used to full capcaity. Staff has no knowledge of new use proposed for 2,600 s.f. addition and finds it difficult to make any recomm-ndation concerning parking needs for this use. With the 1,000 s.f. commercial expansion within the drug store, the total parking demand of 104 spaces with 81 existing spaces does not appear a problem. i,oning File #980 & 982 December 6, 1. 85 Page 3 Staff would suggest that the applicant must make the deci ,n on ,er to go or not proceed with the current division, not the City. 11 may discuss but in the absence of a formal application we can give 1�:_tle direction. Staff would suggest the f, llowing conditions L _ added to Planning Commission recommen_-lation for prc li.minary subdivisicrn approval: 1. Applicant is placed cn notice that expansion rear parking iot must be expanded to provide maximum 61 stalls per City Engineer's sketch at the time the commercia i c {pansi on is planned for drug store.. 2. Rebuild access stairs fr)m rear parking lot and provide adequate signage advising of additJional parking area to rear of building before Certificate of. Occupancy- is issued for restaurant. Planning Commission Conditior 1. Most eastern access :t Cuunty Road 15 must be closed off prior to final piat approval. 2. 7uture owner of Lot 1• ust connect to municipal water. 3. •r/applicant must Either relocate loading berth or future owner of Lot 2 grant easement to ?:ot 1 for use of loading dock area. 4. Payment of park fee of $250.00 for newly created Lot 2. 5. Dedication of additional right-of-way for County Road 15 per preliminary road plans of Hennepin County and as approved by the City of Orono. B! Request by future owner of -ot building permit prior to final plat approval. John Lambin has submitted a req e: a building permit to commence the renovation of the existing structua Staff has received nothing in waiting concerning this special rep -st from the owner/applicant but it is staff's understanding that he approves the request. In the past the Council has approved issuing building perni. s for single family residential construction prior to ground frc^ze up. In this case we have an existing structure and the pressure of an opening dlline schedule for the future owner. The work will consist of interior � . model and cosmetic repairs of the exterior. There is a small addition to the south side of the structure for •-he freezer area. Council may not wish to issue a permit that would cove his addition until the plat is finalized. Zoning File #980 & 982 December 6, 1985 Page 4 Staff would recommend issuing a building permit to John Lambin subject to the following cord4tions: 1. Construction of addition to rear of structure cannot commence until plat has received final approval. 2. A Certificate of occupancy will not be issued until the restaurant is connected to municipal water and the plat has received final approval. 3. All construction sr:all be subject to he requirements of the Uniform Building Code and State Fire Code. 4. Current owner of property submits his approval of the issuance of the permit prior to final plat approval. Staff has prepared a resolution for your consideration and action if th eaveny plat receives preliminary approval. City of ORONO RESOLU•i ICON k , HE CITY COUNCI! NO. A RESOLUTTvN "PROVING THE RRr- .' OF JOHN C. LAMBIN TO APPLY A BUILDING PERMIT PRIOR TO FILIAL SUBDIVISION APPROVAL FILE NO. 982 WHEREAS `; Cic 'ouncil of Orono 'hero)- .Alt— "Council"' as revi .:d and appr- rid a pr Liminary subdivisi , f,-,r .:,rd M. Ke. ieny thereinafter the "subdivider') on December 9, 198.:,; WHER x.AS, the subdivider has fulfil led all c L the conditions set I forth during the preliminary subdivision review; and WHEREAS, John C. Lambin. -ina f ter th. ,pl icant") has asked Council to approve the issuznce of ou. .ding pern. t for of 2. Bock l.. Keaveny Addition prior to final subdivision approval. NCW, THEREFV 3, BE IT kdSOLV ED t h -it t _. e C Cou. e. nro� as the request of John C. L$mbi i to 4- I y for a k,ui rdinq pF-mis- prior i t lit ,l ubdivision approval sutjec' to t :ol -)wlj:: conditions: 1. The r- ,bdivider, Ricr ii-A M. Keavcr -t submit a wr "tten state- meiit sta;- i.nq that he approves of the c- of the building permit pri'•t, :a 7 plat al,!prova 1. 2. Construction or addition o• cooler room ,c rear of exie stru.: ure car: -)t commence until the plat has _ ,ed final approval. '. A Certificate -f Occupancy wi �d until the restaurant is conne^ted to municipal wat has roc3ived final. approv^l All construction shall _ the requirements of the iifcrm Buildinc? Co: -I-, :•nd St. I. ,c Rte� b} ie �� ono City �._•. 1.. Orono, Minnesot . et, a reqular If ,g this 9th lay o; Dec --�nber, 1 , 65. 'EST: nc t 1. tia. city Cierk Mary C. Butler, Mayor Fro-) > r t y Owr i Rom, 14.44" 4"a, 9„c. 2433 W. 9....4 a 'A" 36 .. n. a, 11.,....A. 56/13 '2 •636-k600 =ember 5, &985 of ,rono B6 Crystal Bay, KN 55323 Attn: Ns. Jeanne Mabusth Re: File No. 139 Kcaveny Property Dear Jeanne, Mo,......., I' f NuAr,l M N.wwr, /• r • .vl.A r �q.lr.ld P l N,.JI.,rd A I nqf n, V I l,q A.rd I I.— I' l :r.— ( (N...w I' f ..Nww R (.wA III A—h . (...h, I' I I A.uw..l �•..r. Yr Nq AwJ N f nlr., p! N.-heft(. 4A.q.. At. PI no"ki ( brr. A. P I /eft, AI.w,Juw. .' I AIM .4 ff.w.w. P I. INA I rI M. Awl 1 R..fwf — f' f N.bwr N PNIfvir I• I 1Af..1 U LaMw.. P I l Aff/il A Irwtn., I ef, AI I%wwbA . 11.,bwW oh. We ha.e reviewed the ava '.az•le parking on tiu Keaveny properrv. We loo: the best possible layout which is 90 degree parking. The parking area between Co. Rd. 15 and the building presently has 40 spaces. The Co. Rd. 15 right -or -way acquisition will reduce the number of spaces to 20. The par ari )uth of the building presently has about 47 spaces. This area ex, aded to 61 r ,aces afar•,,, easily. The expansion would require some n al surfacing nea. Kelly enue. If you hd-c any questions, please contact this office. Yours very truly, BONESTAOO, ROSENE, ANDERLIK 6 ASSCCIATES, INC. Glenn R. Cook GRC:li Encl. 2293d t -0- 2-S-BL PL BG. � -S -BR. dILK. d NiG. 1 , 1S 'r4 IS (t 7 ! KEAVENY U. S. • • POST L I OUOR DRUGS OFFICE STORE i STONE d BLK. BLDG. I -S--BR1 d ELK. I -S -BR. d BLK. JIMMIES LOUNGE ( t - i Z• 1 � �� t 1 1 j � ,�i � - i— 1 � J•� /—� �_Y t 1 � t t tl —Lj� t , �l ; • t 1 1 it `---- -------------- +<0------------ _ I i1 2 �;zs z lip tq,;).t ;.n 31 , —7--� I +If r=V t':u,34T e1 11. 143 014 !.rL q7 46 41 ;f! �QTTI�,y/`i�NT f -- 11 i of - -; ` -0; 1 -01, To: Mayor Butler, Mark E. Bernhardson, City Administrator - Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: December 6, 1985 Subject: #982. John C. Lambin, 3405 Shoreline Drive - Commercial Site Plan & Conditional Use Permit - Review of Revised Site Plan The applicant has submitted information on the exhaust system - see attached. The system will cortain stainless steel baffle filters designed to catch the grease. Baffles are cl eane6 every 2 weeks. Applicant notes this same system has been used at e Burger King in Shorewood %I-ithin a residential neighborhood or 9 years and they have received no complaints. The revised site plan will be presented at your meeting. Applicant stated that Councils concerns have been addressee in the revised plan. 1. Landscape plan - diameter of trees, shrubs replace trees where visibility is concern. 2. Righ?-.-of.-way along Kelly Avenue and improvements within that. right-of-way. 3. Future improvements along Shoreline Drive. MINNETONKA RESTAURANTS, INC. ---- 10 WATER S7REET EXCELSIOR, MINNESOTA 55331 PHONE (612) 474-5441 December 2, 1985 Mayor of City of Orono City of Orono P. U. Box 66 Crystal Bay, MN 55323 Gentlemen: The restaurant will be equipped with an 11" exhaust hood, with 12" V banked stainless steel baffle filters. These filters will take out the grease and therefore eliminarn most of the odors. This same filter system has been used at our Burger King in Shorewood; which is in a residential area, and we have never had a complaint in 9 years of operation. Sinc y 11146C� C. Lambin JCL:cma TO: Mayor and City Council f •, FROM: Mark Bernhardson, City Administrato r' „�7: DATE: December 3, 1985 ` SUBJECT: Rovegno Denial j C, I .; Attached please find the resolution denying the variance and conditional use application of George Rovegno. While Council did it ate that their action was final. last time, it is appropriate to follow the same procedure that we do with all other denials for variance and conditional use permit. PROPOSED MOTION - It was moved by , seconded by _, to approve Resolution Number denying Mr. Rovegno's request for a variance and conditional use permit fo- construction of a fence. Ayes Nays _ C 0� ty of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING AN AFTER -THE -FACT VARIANCE. TO MUNICIPAL ZONING CODE SECTION 1.0.22, S913DIVISION 1 AND 2 AND SECTION 10.03,-TJBDIVISION 9 (A) FIL 5 WHEREAS, George F. applicant") is the owner of Shoreline Drive within the City legally described as follows: Rovegno (hereinafter "the the property located at 2010 of. Orono (hereinafter "City") and All that part of the lortheast quarter of the Southwest quarter and Government: Lot 3, Section 10, Township 117 North, Range 23 West of the 5th Prinicipal Meridian, described as f.olioka: Commencing at the Southwest corner of Lot 6 of Elbridqe S. Barites' First Subdivision in Section 10, Township 117, Range 23; thence Southeasterly along the Southerly line of said Lot 6 a distance of 295.08 feet to a point, said point being the true point of beginning of the property being described; thence deflecting right at an angle of 90 degrees to a point in a line, said line being parallel with and 207.06 feet distant from the Southerly line of aforesaid Lot 6; thence Southeasterly along said paral?.,' line to the shoreline of Lake Minnetonka; thence Northe, rly along said Shoreline to its intersection with the Sout. 'ly a.ine of aforesaid Trot 6; thence Northwesterly along said Southerly line to the true point of �-f�ginning; ?XCFI'T that part of the Northeast quarter of the Southwest. quarter and Government I.ot 3 of Section 10, Township 117 North, Range 23 Wes" of the 5th Principal Meridian, described as follows: Commencing at a point on the Southerly line of Lot 6 of Elbridge S. Barnes' First Sub- division in Section 10, Township 117, Range 23, dist:-int. 295.Oe feet Southeasterly from the Southwest corner thereof; thence Southwesterly at night angles from said Southerly line 30 feet to the Southwesterly right-of-way line of Central Avenue, said point being the point of begi:,ttinq of the property being described thence continuing Southwesterly at right: angles from said Southerly line 102.31 feet; thence deflecting left 90 degrees a distance of 50 feet; thence deflecting left 90 degrees a distance of 102.31. feet to said Southwesterly right-of-way line; thence Northwesterly to tl,e point of beginning (hereinafter "property"); and P.1ge 1 of `, CI y of ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the applicant has applied to the City for multif;le after -the -fact variances to Municipal Zoning Code Section 1.0.22, Subdivisions 1 and 2 to permit a f_ve foot high fence within approximately 35 feet of the lakeshore where no structure or hardcover is allowed within 75 feet of the lakeshore and a variance to Municipal Zoning Code Section 10.03, sub- divirion 9 (A) to permit construction of an accessory structure on a property that is unable to sustain a principal structure and per Section 10.03, Subdivision 5 the City must approve a condi-. tional use permit in conjun.. ion with the granting of a variance to Section 10.03, Subdivision 9 (A) as the proposed accessory structure and use of the property is to be recognized as a legal non -conforming use. WHEREAS, the City Council of Orono (hereinafter "Council") has reviewed the findings of the Planning Commission and the City staff and the written and oral comments of the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council cf Orono, Minnesota hereby denies the variance application of George 7. Rovegno as p, nosed based on one or more of the following findings: FINDINGS 1. This application was reviewed as Zoning File 0986. 2. The property is located in the LR-lA Single i'amily Lakeshore Residential 'boning District and a portion of the property abutts '.he lakeshore of Lake Minnetcnka. 3. Per Section 10.03, Subdivision 6 (B) - Combination of Separated Parcels Prohibited. No lot or parcel of land which is divined by a public, private or platted road or road easement, which results any segment thereof being: less than the minimum acreage required for _hat zoning district, shall be allowed to be combined with any separated parcel of land across the read for purposes of qualif.v-)nq under the minimum acreage, open space, required yard, hack or sanitary or septic system requirements, nor shall building or density credits be credited or transferred between such parcels under an pro- visionb of this Chapter. Each separate parcel must individually conform t the provisions of this Chapter in connection with construction of improvAments thereon. Page 2 of. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. The property is divided by a Hennepin County road easement. The lakeshore portion of the property cannot satisfy the LR- lA zoning district stai.dards and could not sustain a principal structure. 4. The fence is consir -.!red an accessory structure and requires a principal st =ucture on the parcel for fence structure to be legal. 5. '",ie five foot high f nc:e has been placed at the inter= section of a public la ? access and a County road. The access is used during ' e winter months from December 1st through March lst. 6. The five foot high : nce placed 20 feet from the center- line of the County road unning approximately 200 feet along the edge of the 40 fo road easement creates a serious sighting problem and en( igers the public who use the access and the County road. 7. The applicant clai he is limiter: Ln the use of his residential lakeshore operty because of the location of the public access and t - adjacent commercial properties. These uses exist toda as they did when the applicant purchased the property. 8. The City has agreed construct a fence consisting of posts with a guard rail long the south side of the public access i.n order to d^`.e the trespassers from the public access. 9. In a memorandum fro the City Attorney dated November 22, 1985, Kathleen Blatz stated the following: in order to build a fence within 75 feet of the lakeshore a •.•ariance is required. Subdivision 1 states that the setoack must be at least 75 feet from tre shoreline." Section 10.22, Subdivision 1 as amended January 28, 1985 states as follows: Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building, fence or wall over forty-two inches but not in excess of st:venty-two inches in height above original grade may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots. Page 3 of 5 City of OR(O: RESOLUTION OF THE CITY COUNC, NO. 10. In that same memorandum, the City Attorney notes that Section 10.22, Subdivision 2 complement: Subdivision 1 by stating that no excavating, filling hard cover, temporary or permanent structures shall be permitted within 75 feet of the shoreline. Section 10.22, Subdivision 2 Lakeshore Hard Cover Regulations. Within 75 feet of' shoreline there shall be no excavating, f lling, hard co,ver, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there steal' be no greater than 30% hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hard cover. If one argues that Section 10.22, Subdivision 1 was always interpreted to allow fences 42 incnes or less within 75 feet of the lakeshore, the specific and more restrictive directive of Subdivision 2 w-)uld have precedence per Section 10.03, Subdivision 2 as fallows: More Restrictive :'_rovisions To_AU. y_ Where the cor,,Ji.tions imposed by any provision of the Zoning Chapter are either mcre restrictive or less restrictive than comparable con- it..ons imposed by any other law, City Code provision, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or re- quirements shall pr(vail. When the code appears to ^ontain different lards of restrictiveness, the regulations which are more rc:�_ri.ctive or impose higher standards shall prevail. 11. To approve variances for a terse at the present loca- tion and at the proposed height would establish a r+egative precedent in t) -eview of sim r applications. 1.2. The applicant maintains the fence provides protection for his lakeshore property from vandalism. The five foot high privacy fence may, in fact, serve to hide vandals from the view of adjacent neighbors and the police. Pr_igc 4 of ` City of OR,ONO RESOLUTION OF THE CITY COUNCIL AIN 13. The pr_ •r!cy sougrit by the applicant can be achieved with natural plantings as long as the standards of Section 10.03, Subdivision 16 - Traffic Visibl_iity are s Astied. 14. The City Council finds that granting variances to permit a privacy fence at the present location would be detrimental to the health, fety and general lfare of the public, poses hazard fo ..eighboring properties, de- preciates surrounding 1, )pert values and that such a fer.,-!e' would be in complete conflict with the intent and objectives of the Zoning Code am Comprehensive Plan of the City. FORTHERMCRE, BE IT RESOLVED that Council hereby dire:';t.s the applicant to remove - 1.1 sections of the fence and posts Ley December 1., 1985 and -:rther directs staff to work with applicant to identify alternatives to resolve the tiespiass problems associated with the public's use of the lakeshore access. Adopted by the utuno City Councii on tnis 9th day of December, 'q85. ATTEST: DorothyTM. in, City Clerk Mary C. Bur-ler, Mayor Page 5 of 5 . 'O To: Orono Council Members Frog. Michael P. Gaff- Assistant Zoning Admir:Gtrator ' � fir✓ i F.�. `r. ,;�j Da'- December 3, 1985 Subject: #988 James E. Mertes, Y,37 Case Circle - Variance (Renewal) Zoning District - LR-IC (1/2 acre minimum. '00' minimum width) Appli^ation - Renewal Iot Width/Lot Area .a_ List cf Exhibi'..s Exhibit A - hppli^aticn Exhibit B - Plat Map Exhibit C - Property Owners List Exh`hit D - Survey Exn-bit E - Resolution #1637, Dated February 27, 1984 Exhibit F - Minutes, Documents, Etc. Leading to Resolution #1607 Exhibit G - p' IT,ning Cofunission Minutes of 11/18/85 Variances Requerted a) Lot Area - Required = 21.760 s.f. 80% Area = 17,424 s.f. Existing = 16,748 s.f. cr 77% Varia r-e = 5,032 s.f. or 23% b) Lot Width - Rerulred = 100' 80'i Width = 80' E:xistinq = 55' Variance = 45' or 45% This property was granted lot width and lo* -ea variances .ii February 1984 per Resolution No. 1607 (attached). The va an.- efired at the And of one year ::and the owner, Douglas Smith, never su teo a c.:mmpleted snd acceptable Luilding permit p-)lication. Smith since then has had the property for sale and Lhe curte,it. applicant, James E. Mertes, is app`.ying for n renewal varir -e. T,... s property (Lot 18) was originally owned Li. ^mmon with the two lots to the north (Lots 10 amd 17, which are now c:oribine.1). P.s a rfsuit of the corn+on ownership s tdy the City changed its policy on common ownership .ots ii, sewered zc,,les, ,a-6 bases: )n the individual merits of Lot 1.8, the lot area and width variances were granted. A brier review of the issues, <;, regardinq tr previous .ommon owner- slsip status, i g as follows: 1. Lot. Area is 16,748 s.f. or 77% of t' reci..ireo 21,7..0 s.f. (half - acre). 2. Lot width is 55' or r,55% c,f the required 1(,n' width. Zoning File #988 December 3, 1985 Yagc 2 of 4 The applicant is proposing no variances to the hardcover limita- tion, and feels he can build within the 25% limitation. Note that the previous applicant, Doug Sirith, submitted a survey/site plan which showed approximately 40% hardcover, but was never followed up. Note that in order to meet the 25A limit, the house will have to be fairly close to the road and/or the existing garage will have to be used. 4. The existing garage is non -conforming in that it lies partially within the right-of-way of Casco Circle. The structure is still in good condition an-1 functional. If the applicant was forced to remove the garage to a site more conforming on the property, the hardcover would necessarily increase because of the additional driveway needed; perhaps incr.e.3sing the needed hardcover over the 25% limit. 5. No setback v iances are requested for the new construction. 6. City water is in the street but no stub was ever provided to the property, since at the time City water lines were i,istalled, it was not anticipated this lot would be built on. A $580 water unit charge must be paid, and the owner will responsible for the connection to the City line. 7 City sewer s availauie on the lake side of the property, how- ever, the stub on Lot 18 was used by the house on Lots 16 and 17 according to City as -built drawings, again not anticipating that Lot 18 would become buildable. A new stub and connection would have to be provided by the owner. Note also that: the sewer unit charge for Lot 18 will be $1,457 ($225 initial unit charge, $165 for L.S. #6 bypass, $1,067 for L.S. #7 forcemair, per Re: olution #1854). (This amount would be increased to $1,569 if building permit is not applied for by December 31, 1985.) The applicant has not provided proposed site _ jn, but is aware of .he hardcover and setback limitations of the lot. The Planning Commission reviewed this application at their November meeting and recommended approval (5-1 vote) of the lot width and area variances based on the following findings and conditions: FINDI W;S 1. This application was reviewed r.t Zoni.nq File. No. 988. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The property was in common ownership with contiguous Lots 16 and 17, Spring Park, prior to 1967 through 1977 when the current owner, Douglas Smith, purchased the property. Lots 16 and 17 are now legally combined. Zoning File #988 December 3, 1985 Page 3 of 4 4. Section 10.03, subdivision 6 (A) (1) of the Municipal Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regulation, provided a lot of record meets 80% of the required lot area and lot width .and has municipal sewer available. 5. Prior to December 13, 1983, the City Council always required that when two or more lots were owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combines: so that the resultir combined lot meets the requirements of the Zoning Code before the lots c -, be built upon. 6. Upon completion of a 6 month City-wide review of the common ownership issue, on December 19, 1983, the City approved a proposed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. Th�� , c -)perty measures 55 feet in lot width and is approximately 5 feet short of narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9. No available land - lots are developed on both sides of property. 10. The property is served with sewer and water. 11. A house and improvements can be constructed without the need for additional variances. 12. By granting this variance there will 'ae no negative effect on the public health, safety and welfare. 13. By granting this variance it is consistent with the development of the are;. 1.4. By granting this variance there should be no need for future hardcover and setback variances. 15. The specialconditions applyinq to the parcel of lend in question are peculiar to sur-h property or immediately adjoining props •y. 16. The conditions do not. apply generally to other land or structures in the district in which said land is located. 17. The grantinq of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Zoning File #988 December 3, 1985 Page 4 of 4 18. The granting of the proposed variances will not in any way impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 19. That the granting of such variances will not merely serve as a con- venience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 20. This application is a renewal of variances granted on February 27, 1984, and the findings stated in the approval resolution (Resolution No. 1607) were acceptable at that time and are still valid. Staff recommends the following conditions are appropriate: 1. The detached garage located within the right-of-way of Casco Circle is a non -conforming structure and subject to all pertinent municipal ordinances for non -conforming structures. 2. The only variances granted with this approval are lot width and lot area. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandart-1 property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvements to the property that require a variance. 4. Applicant stall pay the appropriate water unit. charge, sewer connection fees, and park fee at the time that a building permit is issued. A resolution for approval is attached for Council's review. Suggested Motion: approval. of lot area and lot width variances in order to construct a residence on property located at 3237 Casco Circle per the resolution drafted by staff. Motion:`____ —^M Seconded Vote: For Aqainst CITY OF ORONO - VAkIANCF APPLICATION Initial Application Fee $150.00 ($50.00 per each additional After -the -Fact Fees (Double application fee) PROPERTY I.00ATION---------------------------------- -� Site Address 3 2 3 i pro ject) Property Identif ication Number ( P. I . D. ) 2 © — J/ 7���.,O-,Af 3 Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICA T W- 93i-;?-S'G7 Name Phone 4�-7 - -2 --2- 2 �-- Mailing Address S� t `jL,, /f%yr -----------------------------------------------------------------S-S 3 Name C Phone Mailing Addr s `�C ( C3 _ 0� c. N e Date Property Acquired �_(month/year) I J1W (do not) also own the adjacent parcels of land. -------------------------------------- ------------------------------------ PRESENT USE OF PROPERTY Present Zoning District - �' Present Use of Property Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request. in detail: --------------------------------------------------------------------------- VARIANCBS RBQUIRED II Lot Area u Lot Width Hardcover Setback VariAnces ( Front Side Rear) Other (OVER) Vrrw....�' '�J t'• � � `�, ram. HARDSHIP ? ./' - t r• r �i /.. �•�,•.���c �_ �t Describe undue hardship or ractical difficulty resulting from strict enforcemen . yf_ zoning regulations: - DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requiirement si.�_ 2 -------------------------------------------------------------------------- RBQUIRED SUBMITTALS Completed Application Form. fZ/ 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 (110) pre -addressed to each of the names on the above list with no return address. *fj4'Certificate of survey including hardcover calculations as required. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above informat ion has not been included. ---------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested 'ay the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, ar.d cer_if es that the information supplied is true and correct to the �est f is Ad Xno ledge. Applicant's signature' ,' 01, ,,� - �.�. Date Q - VOWNERS 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 verificatiop-of- this request. C` � yy Owner's signature �r �`'"'1`��'� Date --------------------------• ------------------------------------------------- Applicant must have all (submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each mont.h. t. r �: • ''Q 1Cr tp lk EXHISOIT OCI '>v LD ` a �` r ��• ,W r Rio.- i•, .�-. �`�t' �\ N W W o W _ / � u oh i0 e i ✓ 0^ et�' j% ✓ <00 1000.1 os a a ✓ ��� h . Tp— 1 w rN ',lb aO J ^� At . o O •�• � �` ten, :,� ., �� :• dp� ` 10 �w J O Y cy Buz_ C rl (.1 ;VTIxj_ CND RUN DATE 1P/16/85 r BATCH 001 38 ^0-117-23 43 0010 PROP ADDR 03243 CASCO CIR OWNER NAME JAMES H RICHARDS A WIFE TAXPAYER JAMES H RICHARDS NAME/ADDR 3243 CASCO CIRCLE ORn?NO MN 55391 38 20-117-23 43 0015 PROP ADDR 03233 CASCO CIR O:!MEER NAME D M SPILSETH I P D SPILSETH TAXPAYER DAVID M SPILSETH NAME/ADDR 3233 CASCO CIRCLE WAYZATA W.N 55391 39 20-117-23 43 0050 PROP ADDR OS2v1 CASCO CIR OWNER NAME T i S CCPSON TAXPAYER iH"AS R 4 SHERRY A CORSON NAME/ADDR 3241 CASCO CIR OR^4410 MN 55391 r r HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-111-23 43 0013 DOUGLAS H SMITH DOUGLAS H SMITH 31203 E CALHOUN PN;WY MPLS MN 55408 r _ HENNEPI'1 GUUNTY PINS SYSTE4 RUN DATE 1C/16/85 r REPORT NO P14348u1 38 20-117-23 43 0016 03231 CASCO CIR K 0 HANSON t S K HANSOM KIETH J A SANDRA K HANSON 3Z31 CASCO CIRCLE WAYZATA MH 55341 REPORT 40. PI4154': FAGS 38 20-117-23 43 0014 03235 CASCO CIR C JACK REMIEN JR ETAL JACK C REMIEN JR 3235 CASCO CIRCLF WATZATA MN 55391 38 20-117-23 43 c031 THE CASCO CO THE CASCO C".ANY ROBERT 0 MACKE 3135 CASCO CIR WA7ZATA MN 553QI TOTAL BATCH 001 00007 #988 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATaON OF INFCRMATION AS IT APPEAPS THIS DATE ON rr!f RECOACS OF THE HENNEPIN COUNTY DEPARTMENT OF PR ERTY TAXATION, TO THE EEST OF MY KNOWLEDGE AND 6E!IEF. DATE 10li C BY EXHIBIT N. Corti: irate, of Survey for Thnmis K. Jvhnsan of lot 18, Sprine Park Hennepin County, Minnesota moo' f \ Av—*..r �1 Scales : 1" 40 U®te r,-17—fi� a Imr mriter 4 I hereby certify that this In a, true and correct repre- sentation of a surv•+y rf the boLmdaries of Lot 16, ;spring Park, ttze location of all existing buildings yc °° the and the propcatd location of oc _, proposed b"iliing. It ^.oes not 9� �xrt to show other Imprcvesents or er.crc�F� ct►menis . ��.,F�♦o ��tDJNL. Rc�rs F,u+� "Ave*'y D -1j9&3 IT'S' vo u,*'ONO ;xjp ,N it. COFFIA M., I!K. n}�� .,r.rdon h. . f• in Kt!j Kark S. �;rt r,t.2 rg itei;. %;..12755 ;mn,i SurvPo.�c rs srd ?I)anners .A..nr ':=,ce, MirdAricta � Cl 1n t ( f :,'urvey .� for J. !d-tsar. %, thiU OCT 2 1 I iota 100 17, Find 1F, Spring perk 1 J` Hennepin County, MAnmwsota CITY 0 ORVI i/v Cert.fIt-mLE :;urr') T ''n!rehy-ortiry that this is a try,,- i•id cor-ect reprrlaentgtion cif :"1rVRv (if' tn� i,clrnd-ries or .A t9 16, 17, zrxi 18, ;p-ins Park, a1-,' all. the land, 'v%. �. �.:. i; - : ► ;v�, 1,_�r hp two.-r: the crc;rt cr %aterly lfne c `•. :.. ...::♦ &nt! 1-44tweer. the N.:.rt'.-rly Urw of said ..Ot I 'A r, i;n r trl ..ct. _', 3::u:,c,�.; tc: 11,lt.f+ mice `ors, ind thing ;Art of „. •r ,. e�•. .Pon n libn:•e . , ..• _t of thR An Principal .4 ', 1. .?'d1C":�w+f� (`n �:.R .�1.J .. .. • ,. i�•ailt• 'Nr:, .t:Y: i)�' LItP. 1�•9tion or all T . f 1^: +!. ♦ ''' . ) ^r: •�• Ur On .i .,-wnts. "'offin tbg No WA. • - _'' ►t:cr, .iuzv*ivr ane ?!Ar.rwr r nr,"r C,ity of ORONO RFSOLUTiON OF THE CITY COUNCIL NO. GRANTING VARIANCES TO N'TNICIPAL ZONING CODE SECTIONS 34.552 - FILE 761 Whereas, Dou,jlas H. Smith (hereafter "applicant") is the owner of a property located at 3237 Casco Circle within the City of Orono (hereafter "City") and legally described as follows: Lot 1R, Spring Park, also all the land including the vacated highway, Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka and between the Northw-sterly and Southeasterly lines of said Lot 18 extended Northeasterly to said lake shore, and being part of Government Lot 6, Section 20, Township 117 North, Range 23 West of the Sth Principai Meridian, and also indicated on the plat t aid Spring Park, (hereafter "property"); and Whereas, :he :pp.Licant has applied to the City for variances to municipal zoning code section 34.552 to permit ' he construction of a new residence on a property Lhat is 15,748 squ- re feet in area or 7*7t of the minimum area required of 21,780 square feet or half acre and the width of the property is 55 feet or 55% of the required iOo feet of lot width. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, FINDIkUS 1. This application was reviewed as zoning file No. 161. 2. The property is located in the LR-lC Single Family Lakeshore Residential 2,-ning District. ?. The property was in common ownership with contiguous lot 16 arA 17, Spring Park prior to 1957 through 1977 when the applicant purchased the property. Lots i5 and 17 are now l eg a', ly combined. 4. Section 31.202 of the Municipal Zoning Code provides for development cf lots of record held in separate ownership since prior to the effective date of the zoning regulation, provided a lot of record mr-ets P01 of the required lot areA and lot. widt.h. 5. The City Cnt►rncil har; always required that when two or more lots orn nwr►erl in common, each lnt must. individually City of OH,ONO RESOLUTION OF " HE CITY COUNCIL NO. 1607 meet or exceed the requir,.-ments of the Zoning "ode before any of the lots can be :)uilt upon and that two or more substandArd lots owned in common, must be combiner] so that the resulting co;abinerl lot meQts the rk.quirements of the Zoning Code before the lots can be built upon. s;. Upon completi.in of a 6 month City wide review of the common owners„ip issue, on December 19, 1983, the City approved a proposed amen6m-nt of the municipal code that would permit nll subst.andate undevuloped lots within the sewered areas of the City regardless of the ownership of these lots, the sane stAndards fo. review. 7. The property i. i6,748 square feet or 77% of the required area. The pruperty is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. A. The property me sores 55 feet in lot width and is approximately 5 feet hort of the narrowe.: _ tots in the 33 l.�t Casco Circle nei hborhooJ at 60 feet. 9. The Orono Pie ning Commisslc.n reviewed thi-. application on Octot r 14, 1983, and a majority of its members recommended a proval of the variances as proposed bA,-ed upon the folio: ing finings: a) No Available hind lots arc developed on both sides of property. b) The property is served with sewer and water. c) The proposed house and improvements can be constructed without the need for additional variances. d) Appi ica.,t purchased property not knowing the existing ordinance limitations on development of the property. e) Variance is being granted despite the current ordinance demAn1s because Planr,ing Commission anticipates resolu- tion and amendment of the ordinance. f) By granting this variAnce there wail be no r rvrive effect on the puhlic health, safety and welfar +j) By granting thi:- v.-,ri-in— i?- is . nnistont with ,he df-vclopment of the Are• . City of ORONO RESOLUTION OF THE ^IITY COUNCV- NO. __16" 7 h) By granting this variance there should be no need for fUl-ire hardcover and setback variances. i ) The special conditions apply! rig to the stricture of land in q!iestiun are peculiar to such property or immediately adjoining property. j) The conditions do not apply generally to other land or structures in the district in which said !anti is located. k) The granting of the application is necessary for the preservation and enjoyment of ,i substantial property right of the applicant. 1) The granting of the proposed variances will not in any way impair the health, safety, comfort, morals, or in any other respect he contrary to the intent of the Zoning Code. m) That the granting of sucri variances will not merely serve as a convenience to the applicant_, but is necessary to alleviate demonstrable hardship or difficulty. I'll. The minority opinion of the Planning Commission in their recommendation stated that they world have no problem in recommending approval of the proposed variance application if the common ownership issue was resolved by the City and the necessary amendment of tha ordinen^e approved. 11. The City Council has considered this application including the findings and recommendations o! the Planning Commission, rotports by City staff, comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. 12. The City Council finds that the conditions existing on thi s prc,per ty are pec.ui iar to i t end do not apply genet ally to other property in this zoninq district: that grantinc, the variances would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighbor ing property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is i,eressary to preserve A substantial property right of the owner; and would Ke in kreping with the spirit an,' . ►tent of the z)ninq rode and cnmprPhent-ive plan of the City. City of ORONO RESOLUTION OF THE. C;TY COUNCIL_ NO. 1607 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to 7onir-1 Ordi►►ance Section 34.552 to permit the constr uction of a new residence on a property 15,748 square feet in area or 77% of the required 2.1,780 square feet (1/2 acre) And with a lot width of 55 feet or 55% of the required 100 feet of lot width subject to the fol'owing conditions: 1. The detached garage located within the right of way of CAsco Ciccie is a nonconforming structure and subject to all pertinent municipal ordinances for nonconforming structures. 2. No other variances are granted or permitted for this structure. 3. Applicant is hereby advised that in approving the development of this substandard property that All future improvements must meet the current standards of the code an,] that a future Council may not approve any improvement to the property that requires a variance. 4. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or •-his ,7ariance will expire on that date (F'-bruary 27, i985). S. 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 any authority granted herein, and shall Ue punishable as a misdemeanor. 6. T:ic undersigned owner has read, understood and hereby agi_es to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby an �s to the recording of this resolution in the chain of tit of the property. City- of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1607 Adopted by the Orono City Council on this 27th day of February, 1984. ATTEST: CITY OF ORONO C ty Clerk �, r,...._ Mayor (1)L -�' PropTr-dw-ne-r-T-s-� Thomas Frahm, Acting Mayor (2) Property 6wner (s) (3) Property Owners(s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this day of. Q _, i gs,.(, before me a .r.._ r.—... Notary Pu c ~within and for aai County, persona ly appeared cl CAI N �k_c ,t�� known to me to b0d the person(s) �rT6ec�'in and wFio execu`te�tfie 1`oregoing instrument, And acknowledged that he (they) executed the same as his (their) free act and deed. CM1pr t iNDA NMAM N6UC MWNESOIA MUKpM C IIV My csyon Expo An 19. 1990 .144!.pMA! nMVNr.n.�W'tiMNJrM.^. r gL NOTARY B IC MY COMMISS ON XPIRES TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: January 3, 1984 SUBJECT: #761 - Douglas Smith - 3237 Casco Circle - Variance: - Resoluti— At your November 14, 1983 meeting, Council directed staff to submit the following information: 1. The property (Lot 18) has never been assessed a sewer nor water unit. Review the enclosed "As -Built" plans. The lot was not assigned a water nor sewer stub connection. 2. The original owner, McNeal, had a mortgage on all three lots. Tuthill paid off that mortgage in December, 1973. Lot 18 was sold to Doug Smith in 1977. Tuthill placed a new mortgage on tots 16 & 17 in 1979., 3. Roth Tuthill and Smith have never initiated tax abatement proceedings on neither Tuthill's part for Lots 16, 17 & 18 nor on Smith's part for lot. 18. 4. Tnere is no record of a letter on file from Smith in regard to the buildability of Lot 18; only his comment on the face of the variance application that he purchased the lot from Tuthill in 1977 for the purpose of constructing it future home. 5. If Council wishes to pursue the claim of the applicant that similar variances have been granted by the City, you may ask for that at your meeting of January 9, 1984. The information was riot submitted by the applicant after the November 14, 1983 meeting, nor did staff pursue the followup response. I am sure the applicant would be able to cite these cases at your meeting and staff would be able to provide the background information if the subject applications were acted on within the last seven years. 6. How does Lot. 18 rank in regard to the other developed lots on Casco Circle? Based on staff's current survey of common t nership lots and undeveloped lots within the zoning districts, L. 3 ranks as follows: Area - Lot 18 - 18,748 sq. ft. or 77% Width- I.ot 18 - 55 ' or 55% Total Casco Point area - 2�.3 developed lot at 100% 57 or 26% area within 60*,-80R of area required I #761 Douglas Smith January 3, 1984 Page 2 Casco Circle neighborhood Total developed lots - 33 or 100% 7 lots or 21.5% are within 60%-80% of area required 18 lots or 54.5% at or over minimum lot area 7 lots or 21.5% are within 80%-100% of required lot area 1 lot or 3`e within 40%-608 of required lot area Review the width of 14 developed lots that surround I,ot 18 - see plat map enclosed. I,ot 18 - 55' or 55% 8 'ots or 57% satisfy width requirements of zoning district 1 lot or 7% within 80%-100% of lot width required 5 lots or 16% within 60%-80% of lot width required No lots within t,:e 14 lot sample were under 60% of lot width requirement. Council has been asked to act on the Smith variance application at your meeting of J&nu,.r•,, 9, 1.984. The City has .resolved and proposed amendments in the review process for substandard lots held in common onwership within the sewered areas of the City. in consideration of the findings setfo.-ch in the Planning Commission's majority opinion recommendation and in light of the direction to the Council in the recormw ndation of the minority of the Planning Commission members, staff has drafted a recommendation of variance approval for your review. A copy of this memo and resolution wiel be sent to the applicant for his review and comments prior to the January 9, 1984 meeting. The City Attorney should advise if the City is able to act formally on the Smith application until the ordinance is 'f.icially amended by the March 1, 1984 recodification deadline. REGULAR MEETP, F THE ORONO COUNCIL, NOVE:MnFVf 14, 19F33. ;'AGE 4 #751 DOUGLAS ►iITIi 3237 CASCO CIRCLE VARIANCE Dourilas Smith and Mr. and Mrs. Tuthill were present. Councilmember Frahm noted thLt there is a common ownership problem and that he would not be able to act on the application until the City has finished their common ownership study and has set some standards. Douglas Smith stated that delaying would prevent construction. Smith noted that the City has had ample time to solve the common ownership issue. Mr . Tuthill noted that when he sold the lot to Mr. Smith that tie was under the impression that it was buildable. Tuthill noted that there is nothing specific in the zoning code which addresses the common ownership issue or problem. Mayor Butler read the se^tions from the zoning code which the City bases its position on lots of common ownership. Mr. Tuthill stated that no where in that section does it mention anything about common ownership. Mayor Butler noted the zoning for the neighborhood which is half -acre and stated that the lot meets only 3/4 of the zoning requirements. Planning Commission Representative Goetten stated that in her opinion she felt that the Planninq Commission was trying to help Mr. Smith by approving at this time because theyhad hoped that resolution of the common ownership issue would be forthcoming. Councilmember Frahm noted that other people are waiting for the Council's decision regarding common ownership and not just the Smiths. Mr. Smith stated that when he purchased the lot that he figured it was buildable .)nd that he is paying taxes on a buildable lot. City Attorney Malkerson eked if this lot has been charged for a sewer unit and asked if there was a stub? Zoning Administrator Mabusth stated no that the lot has not been charged for a sewer unit and that she wasn't sure if there was a stub available or not? Councilmember Frahm asked about a lot line rearrangement? REGuf.AR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 5 {761 DOUGLAS SMITH Mr. Tuthill stated that he has sold his house as it stands and that a lot line rearrangement wouldn't be possible. Councilmember Mammerel noted that it war, not unanimous approval by the Planning Commission and noted Callahan's comments which essentially meant that the common ownership issue had to be dealt with first. Councilmember Grabek suggested setting the date earlier for resolution of the common ownership issue from January 1 to their December 12 meeting. Grabek noted that it is not fair to the citizens of Orono by delaying this common ownership issue. Councilmember Grabek moved, Councilmember Adams seconded, to table Douglas Smith's applicatio,. pending more information and that the C:1ith application be brought back to Council on December 12 for action based on the additional information. Grabek asked for the following inf.r;rmation to be submitted: 1. Additional information on the sewer and taxation of sewer units. 2. What percentile this lot falls into with the surrounding neighborhood. 3. How mor`gages are held in common ownership situationF.? 4. If this lot has a sewer stub available and how it was treated in the past. 5. Whether or not there was any tax abatement proceedings. Whether or not there was any cor.espondence from the present owner about the status of this lot, whether or not it was buildable. In applicants letter, it states that similar variances have bean granted and that the applicant should identify which ones those were so that staff can investigate those to see if a precedent has been set. Mntion, Ayes (5), Nays (0). Zoning Administrator Mabusth stated that all other work on zoning applications would have to cease until after the first of the year in order to allow adequate staff time on the common ownership issue. REGULAR MEETING OF THE ORONO COUNCTI., NOVEMBE:R 14, 1983. PAGE: 6 #751 DOUGLAS SMITH Councilmember Grabek moved that the common ownership issue be solved by the December 12, 1983 meeting. #755 RUDOLPH HOCH 875 PARTENWOOD LANE VARIANCE RESOLUTION f 1 5- q 1779 DONALD MAAS/ PARR GUN CLUB 3569 SIXTH AVE. NO. CONDITIONAL USE PERMIT RESOLUTION Mayor Butler asked if it was fair to hold up the rest of the community. Councilmember Grabek moved, Councilmember Adams seconded, to withdraw his former motion and moved to have the common ownership issue solved by January 9, 1984, Council meeting, and at that same meeting to act on the Smith application. Motion, Ayes (5) , Nays (0) . City Attorney Malkerson stated ti:3t the Council should ask if Mr '?pith wishes to have the Council act on his application at the December 12 meeting or table it at that time until the January 9, 1984, meeting after the common ownership issue has been resolved. Douglas Smith stated that he didn't wish to answer that at this time. Councilmember Ad;.ms asked for a memo from City Administrator Benson on how the Building & Zoning Department would set their priorities so that they can accomplish this goal. Zoning Administrator Mabusth stated that the Hoch's had signed off on the resolution. Mayor Butler moved, Councilmember Hammerel seconded, Lo approve Resolution #1578, A Resolution Granting A Variance To Ordinance 173, to permit construction of a 4r)0' length dock to be located 0' from the extended side property line. Motion, Ayes (5), Nays (0). DoIIa1d Maas was Mabusth noted that Counc111s questions the gun club use. present. Zoning Administrator staff had answered all the from the last meeting concerning Councilmember Hammerel moved, Councilmember Frahm seconded, to approve Resolution #1579, A Resolution Granting A Conditional Use Permit to Municipal Zoning Code Section 34.821 and 32.400. Motion, Ayes (5), Nays (9) . Donald Mavis asked about the quit 71aim deed and that if the road was vac atPd at, s^metime in the future, would it atltomati -ally come back to the gun club. TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: November. 10, 1983 SUBJECT: #761 - Douglas If. Smith - 3237 Casco Circle - Variance Zoning District - LR-1C Application: a) Lot area Required - 21,780 sq. ft. (100% required) Required - 17,424 sq. ft. (80% required) Existing - 16,748 sq. ft. or 77% Variance - 5,032 sq. ft. or 23% (100% required) Variance - 676 sq. ft. or 3.9% (80% required) b) Lot width Required - 100' (100% required) Required - 80' (80% required) Existing - 55' Variance - 45' or. 45% (100% required) Variance - 25' or 31% (80% required) List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - rroperty Owners List Exhibit D - Lot survey Exhibit E - Zoning code reference - common ownership Exhibit F - J. Richard Tuthill letter - July 19, 1983 Exhibit G - D. Smith letter - Nugust 2, 1983 Exhibit H - Attorney'% letter - Auaust 25, 1983 Exhibit T - Zoning Administrator's letter - August 29, 1983 Exhibit J - Zoning Administrator's letter - August 30, 1983 Exhibit K - Planning Commission minutes - July 18, 1983 Exhibit L - Planning Commission minutes - September 19, :983 Exhibit M - Survey of Lots 16, 17, & 18 Exhibit N - Site Plan - Lot 18 Exhibit O - Bua.lding elevations Mr. Smith's application was accepted as a lot area and lot width variance application for a single, separate lot. Staff worked with the applicant's contractor in the preliminary work on the application. In review of the formal application, the applicant himself notes the original ownership pattern of Lot 1.8. He advises on the face of the appli,-:ation that he purchased the lot from Richard Tuthill in 1977 (owner of Lots 16 & 17). # 761 - Douglas 11 . Smith November 10, 1983 Page 2 Loc 18 is still maintained as part of the Tuthill yard. A detached garage once used by the main house is located on Lot 18. Both the applicant and Tuthill claim they knew nothing of the limitations of the ordinance. Remem',ir, the ordinance has been in effect since 1967. Tuthill purchased all thr lots in 1.971. The applicant has been advised of the City's common ownership study and the final resolution of that study within the next tew months. The applicant was advised that if the Planning Commission were to act now on the application, they would have to deny the application and that they would prefer tabling the application until the study is completed. I should add, this was conveyed to the applicant's contractor at the tirst review meeting in July. Since that first meeting, Smith's attorney has had contact with the City asking for action on the. application. Both applicants, Doug Smith and the Richard Tuthills,were present at the Planning Commission meeting in October. Review Exhibit M. The Tuthill hoL.se is located 11.6' from ',ot 18 boundary. I have no confirmation as to the setback of the residence: on Lot 19; although, the owner has stated the house is approximately 6 feet from the shared lot line. Review the lot survey of the Casco Circle neighborhood. The lot appears to be 5' less in width than other comparable lots on the Circle. The applicant has provided a site plan showing the proposed residence meetinc all setback and hardcover standards. 1 would suggest that Council once again ask applicant if he would agree to request tabling of the application until the City's common ownership study is completed. If not, you must act giving conceptual direction to staff to draft the necessary resolution. First, do you have enough information to act? For example: what is the area of. Lots 16 & 17? Would a lot line rearrangement be feasible? Is this lot consistent with the pattern of the surrounding developed lots? Sewer and water are available. Lot 18 never received a unit charge, only a footage charge. If Council acts to approve the Smith variance appl.icatinthey may use the majority opinion (4-2) of the Planninc, Commission as f ws: to approve a lot area variance (100% standard) of 5,032 sq. ft. or 23% and a lot width variance (1.00% standard) of 45' or 45% for Doug Smith to permit construction of a new residence on a property located at 3237 Casco Circle based on the following findingE: #761 - Douglas H. Smith November 10, 1983 Page 3 1. No available land - lots are developed on both sides 2. Sewer and water are available 3. House and improvements to be constructed without need for additional variances 4. Applicant purchased property not knowing the ordinance limitations on development of Lot 18 5. Variance being granted despite the common ownership issue 6. By granting this variance, there will be no negative effect oil the public health, safety and welfare 7. By granting this variance, it is coc.iistent with the development of the area 8. By granting this variance, there should be no need for future hardcover and setback variances 9. Planning Commission would like to note that the garage is a non- conforming structure and Fubjectto all pertinent ordinances 10. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property 11. The conditions do not apply generally to other land or structures in the district and which said land is located 12. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 13. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code 14. That the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrablE hardship or difficulty If Council cannot act to recommend approval, you have two alternatives of action: 1. Adopt minority opinion of the Planning Commission and vote to deny the variance application of Doug Smith for a lot held in common ownership that is 5,032 sq. ft. or 23% under required 21,780 sq. ft. or 100• in area and 45 feet or 41J% under required 100' or 100t in lot width based on the following findings: #161 - Douglas H. Smith November 10, 1983 Page 4 a) The City has an established policy and ordinance in effect that must be enforced b) Common ownership study must be resolved before variance can be considered c) The granting of the proposed variance will be contrary to the intent of the zoning cede and the City Comprehensive Plan d) That the granting of such a variance will serve as a convenience to the applicant and there is no evidence of demonstrable hardship or difficulty 2. Call for a moratorium on all lot area and lot width variance applications involving common ownership question until City has completed the common ownership study. The City Attorney has advised that this can be done at any time. In the calling for a moratorium, the Smith variance applicants may be "legally tabled". MINUTES OF THE. PLANNING COMMISSION MEF:TT111G HELD OCTOBF:R 17, 1983 ATTEND* 10 P.M. The Planning Commission met on the above date. Tne following members were present: Chairman Rovegno, Goetten, McDonald, Sime, Callahan and Adams. Planning Commission member Kelley was absent. Council Representative Hammerel was present. Zoning Administrator Mabusth represented City staff. #761 DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE Douglas Smith was present. Dick and Mary Tuthill of 3241 Casco Circle and Jane Remien of 3235 Casco Circle were present from the audience. Zoning Adminis- trator Mabusth reviewed with the Planning Commission the history of the Smith application. Mabusth noted that the Smith application involves common ownership in the LR-lC zoning district. Goet ten asks-d why the applicant hadn't thought of a lot line rearrangement of the two lots which would solve the common ownership problem. Dick Tuthill of 3241 Case Circle noted that Lots 16 and 17 are combined. Jane Remien of 3235 Casco Circle noted that the corner of Mr. Smith's lot is 4; 1/2' from her house and stated that she was opposed to the variance request. Remien noted that rea_ardless of the common ownership issue that the lot still doesn't meet current standards. Callahan noted that there are common ownership standards in effect new and until the City can revise those standards that. the Planning Commission should follow the current standards. Callahan noted that in following the current standards that he would have 3 problem approving the variance. Sime stated that he didn't feel that the common ownership issue made a big difference but that the lot by itself doesn't comply with the current standards and noted that he would have trouble approving a variance for -:urh a substandard lot. McDonald noted that.. the Planning Commission should follow the current common cwnership issues. s stated that the comme;n ownership issue wasn't a problem and i f the lot was held in single separate tership that the vari- would be a reasonable request. Adams stated t- . .,e felt that the lot was huiIdablP. MINUTES OF THE: PLANNING COMMISSION MEETING HELD OM On ER 17, 1983 PAGE 2 #761 DOUCLAS SMITH Goetten noted that the common ownership issue must be dealt with before considering the variance request. Goetten stated that if this lot was single separate ownership that the variance request would be reasonable and would not have a negative effect on the existing neighborhood. Callahan agreed that the lot is buildable if the common ownership issue was solved. Sime stated that when the owner purchased the 1.ot the common ownership wasn't a problem and the owner wasn't able to foresee the common ownership in the future. Mabusth stated that Smith purchased the lot from Tuthill in 1977 and that the common owners'.►ip was in effect at the time of sale. Rovegno noted that if tt - common ownership hadn't been a problem that the application probably wouldn't have any trouble receiving variance Fopprcval. Adams moved to approve a variance request made by Douglas Smith based on the 100% standards with a lot area variance of 5,032 sf or 23% lct area and lot width 45% based on the following findings: 1. No available lano - lots are developed on both sides. 2. Sewer and water are available. 3. House and improvements to be constructed without need for additional variances. 4. Aprl icant purchased property not knowing that the ord -ince limitations on develc pment of Lot 18. 5. Variance being granted despite the common ownership issue. 5. By granting this variance there will be no negative effect on the public health, safety and welfare. 7. By granting this variance it is consistent with the development of the area. 8. By granting this variance there should be no need for future hardcover and setback variances. 9. Planning Commission would like to note that the garage is a non conforming structure and subject to all pertinenL ordinances. 10. The special conditions applying tc th, structure of land in question are pecul , to such property or immediately adjoining property. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 17, 1983 PAGE 3 #761 DOUGLAS SMITH 11. The conditions do not apply generally to other landor structures in the district and which said land is located. 12. the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 1 {. The granting of the proposed variance will not in anv-ay impair health, safety, comfort, morals, or other respect be contrary to the intent of '.oning Code. 14. That the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Rovegnc, seconded, Vote: Ayes ( 4) , Nays ( 2) . Minority Opinions - Callahan and McDonald - Callahan noted that the 'Tanning Commission is looking at the common ownership issue backwards and the City has ar, ordinance in ef feet that the Commission should follow. Callahan stated that the common ownership issue must be solved before granting a variance. McDonald agreed with Callahan and she noted that there is some neighbor opposition and that the common ownership issue should be solved first. #782 OLE OVERBOE 4460 FOREST LAKE LANDING VARIANCE Mr . and Mrs. Overboe were present. Mabusth noted that the applicant is asking for a variance to place a detached garage in their limited front yard. Callahan asked if granting this variance would be an obstacle in the future if they plan on constructing a house on the other lot. Adams moved to approve Ole Overt s request for a variance for a detached garage tobe placed 2' from the given right of way, 15' from the side and 38' from the travelled road based on the following findings: 1. Location of house on lot. 2. Substandard width 55' existing - zoning district standards asks for 140' of width. 3. There is no additional land available. 4. The house has existed for 15+ years. MINUTES OF T11F PLANNING COMMISSION MEETING OF SEPTEMBER 19, 1983, PAGE 4761 DOUGLAS SMITH 323/ CASCO CIRCLE; VARIAN''F. Mabusth noted that Douglas Smi th r►c,ti f ied her and asked that his application be tabled. Sime moved to table Douglas Smith's application per applicant's request. McDonald seconded. Vote: Ayes (7) , Nays (0) . 1771 LARRY GRABILL 1350 REST POINT LANE VARIANCE Larry Grabill was present. Sime moved to approve the hardcover and setback variance application of Larry Grabill permitting an increase of 7% of hardcover within the 0-75' setback area and an increase of 38 in hardcover within the 751- 250' setb--k area and to approve a 4' side yard setback variance and a 39' lakeshore setback variance to permit construction of a new residence per revised plan dated September 13, 198'�, Exhibit A, based on the following: 1. The revised plan will permit construction further removed from the lakeshore rather than 25' as proposed in original plan. 2.. The property could never be developed to meet current standards of the LR-18 zoning district. 3. A year -found residence has existed .)ri the site for over 30 years. 4. There i:; no available vacant land to be combined with property. 5. The property is sewered. Approval is subject to the following conditions: 1. Applicant to locate new structure so that garage will abutt existing pavement. 2. No new structure may he located within the 0-75' protected area - this includes decking, patios, walkways. 3. No future variance will be granted to this severely limited property. Adams seconded. Vote: Ayo:-; (7) , Nay: (0) . REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 27, 1984 PAGE 2 f803 TIM ADA14S 1810 WEST FARM ROAD CONDITIONAL USE PERMIT RESOLUTION i1606 Counci lmember Adams stepped down from hi.s Council seat to address the Council as an applicant. Acting Mayor Frahm moved, Councilmember liamr�erel seconded, to approve Resolution 41606, A Resolution Approving a Conditional Use Permit. Per Municipal Zoning Code Section 31.700, to permit construction of a pond. Motion, Ayes (3), Nays (0). Tim Adams returned to his scat as Councilmember. 47-61 1) DOUGLAS SMITH 3217 CASCO CIRCLE VARIANCE RESOLUTION #1607 Douglas Smith was present. Acting Mayor Frahm asked what the status of Lots 16 and 17 were. Zoning Administrator Mabusth stated that Lots 16 and 17 are legally combined. Acting Mayor Frahm stated that "Lots 16 and 17 are legally combined" should be added to finding #3 in the Resoluei. on . Acting Mayor Frahm moved, Councilmember Hammerel seconded, to approve Resolution i1.607, A Resolution Granting A Variances to Municipal Zoning Code Section 34.552, to permit construction of a new residence, subject to amending finding 03. Motion, Ayes (4), Nays (0). LEASE AGREEMENT LAKEVIEW GOLF COURSE Acting Mayor Frahm moved, Councilmember Adams seconded, to approve the lease agreement for the Lakeview Golf Course handicapped access for elections. Motion, Ayes (4), Nays (0). ADVERTISE FOR BIDS HANDICAPPED ACCESS PRECINCT t3 Acting Mayor Frahm moved, Councilmember Grabek seconded, to authorize staff to advertise for bids for the handicap accessibility improvements for. the Lakeview Golf Course for precinct f3. Motion, Ayes (4), Nays; (0). HENNEPIN COUNTY ROAD 115 REPORT Councilmember Adams announced the Hennepin Cc>unty Board Meeting on March 22, 1984. REGULAR MEETING OF THE: ORONO COUNCIL, JANUARY 9, 1984. PAGE 2 LAKE MINNETONKA CONSERVATION DIST. There were no Lake Minnetonka Conservation District comments. Mayor Butler noted the 1984 schedule of the LMCD and that they are still meeting in restaurants. PLANNING COMMISSION COMMENTS Planning Commission Representative Goetten had no comments. PUBLIC COMMENTS The public present had no comments. UGLAS SMITH 3237 CASCO CIRCLE VARIANCE RESOLUTION Douglas Smith was not present. Councilmember Hammerel moved, Councilmember Adams seconded, to table the Douglas Smith application until the applicant can be present. Motion, Ayes (5), Nays (0). #802 JOHN MUNSELL 4100 NORTH SHORE DRIVE VARIANCE RESOLUTION #1596 Join Munsell was present. Mayor Butler moved, Councilmember G- )ek seconded, to approve Resolution #1596, A Resulution Granting Variances to Municipal Zoning Code Sections 34.452 to permit the construction of a new residence. Motion, Ayes (5), Nays (U). #798 NORTH SHORE DRIVE MARINA 3222 NORTH SHORE DRIVE CONCEPTUAL REVIEW OF PROPOSED REZONING Larry Hork and Bruce Douglas, Hork's attorney, were present. Zoning Administrator Mabusth stated that she had brought the application back to Council for more Council direction. Councilmember Frahm stated that he didn't want to see any more dockage and that he wanted to see more restrictions on the on -land boat storage. Frahm stated that natural buf ferings should be a requirement on both the lakeshore and street side and that hardcover should be controlled. Frahm stated that the B-2 zone may not have all those requirements or controls. Councilmember Frahm stated that if the City just rezones Hork's property that. the City would get pressure from Chaska Marina to rezone their property trio. TO: Planning Commission Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: September 13, 1983 SUBJECT: #761 - Douglas Smith - 3237 Casco Circle - Variance Application rescheduled before the Planning Commission at the request of the applicant. Application - Variance - Lot Area - Lot Width a) Lot Area Required - 21,780 sq. Required - 17,424 sq. Existing - 16,748 sq. Variance - 5,032 sq. Variance - 676 sq. ft. (100€. Required) ft. (80% Required) ft. or 77% ft. or 23% (100% required) ft. or 3.9% (80% required) b) Lot Width Required - ]_00' (100% Required) Required - 80' (80% Required) Existing - 55' Variance - 45' or 45% (100% Required) Variance - 25' or 31% (80% Required) List of Exhibits Exhibit A - Lot Width & Lot Area Study Exhibit B - Tuthill letter - July 19, 1983 Exhibit C - Smith letter - August 2, 1983 Exhibit D - Brouchl.e letter - August 25, 1983 Exhibit E - Zoning Administrator's letter - August 29, 1983 Exhibit F - Zoning Administrator's letter - August 30, 1983 Exhibit G ^ur-er+- Survey with Smith Application Exhibit H - Tuthill Survey dated June 1, 1973 Exhibit I - Planning Commission minutes - July 18, 1983 Please review the exchanges in correspondence between property owners (present and past), attorney and the Zoning Administrator. Mr. Smith's secretary called to ask that his application be rescheduled on the Planning Commission agenda. I assume for a recommendation, not a tabling, If the applicant seeks action, you must act on the application and send it on to Council. If we are asked to review the question of a common ownership of Lots 16, 17, & 18, Spring Park, then I feel additional .information is required. #761 - Douglas Smith September. 13, 1983 Page 2 What is the total area of Lots 16 & 17? Where is the principal structure on combined Lots 16 & 17 in relation to the shared lot line between Lots 17 & 18? What is the setback from that line? is a lot line rearrangement feasible? Would a lot line rearrangement bring their property into size and width conformance with the surroundino_ properties? Review Exhibit A. Is this lot consistent with the pattern of surrounding developed lots? Sewer and water are available to the property but Lot 18 never received a unit assessment, only footage charge If it is the Planning Conunission's opinion that this additional informa- tion is not necessary because the existing ordinances clearly define your course of action, finding combined Lots 16 & 17 will not provide adequate area or width for Lot 18 to satisfy 100% of the standards of the LR-lC zoning district. Planning Commission may act to deny the application finding the following standards cannot be upheld for approval of this variance: a) the special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property; and b) the conditions do not apply generally to other land or structures in the district in which said land is located; and c) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant; and d) the granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code; and e) that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. And direct Council to call for a moratorium on all lot area and lot width variances involving common ownership question until the City's study s completed and amendment of ordinances determined. If Planning Commission is of they oF.inion that there is sufficient information available to act on the application, you may consider the following findings: 1. No available land - loth developed on either side 2. Sewer and water are available: 3. House and improvements to be constructed without the need of additional variances 4. Applicant purchased property not knowing of ordinance limitations on development. of Lot 14.8. #761 - Douglas Smith September 13, 1983 Page 3 Or Planning Commission cannot make a determination because it lacks additional information on Lot:; 16 & 17, specifically a survey showing the existing house locat.i.on and setback from shared property line. I would advise thatyou only ask for this information if you feel a lot line rearrangement is appropriate. You may find the applicant will refuse this request since he has no control over combined Lots 16 6 17. MINUTES OF THF: PLANNING COMMISSION MEETING OF •JULY 18, 1983. Page 11 I'L,RICH (CUNT) Mabusth stated that she had - -ver been made aware of any other alternatives to musk.rar_ probl<nos from the DNR. She noted that this seawall method was an acceptable method to the DNR. Callahan noted that the Council minutes of July 28, 1980 reflect that there are no other ;methods for the muskrat problem. Goetten moved to table William Ulrich's application pending receipt of input from the City Engineer, the DNR's "other me0ods", and the neighbors, Goetr_en would like to inspect the other sites in Orono that have seawalls to see if the seawall solved the problem. Also for staf f to check out the drainageway. "-Donald seconded. dote: Ayes (.1) , Nays (1) . Adams minor ity opinion - Adams noted that he felt that the problem Mr. Ulrich has with the muskrats is very urgent. Hs� noted that Mr. Ulrich has a very well thought out plan eliminating the safety prohlem he has on his property and to table the application may be creating a safety hazard. Anyone can step into one of the atuskrat holes and break a leg or a small child :could fall into one of those and drown. Mr. Ulrich stated that he did fill in the holes caused by the muskrats. #751 DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE MAbusth noted that when she took the appl ir_ation in it appeared to be a simple lot of separate record and it ..lid not meet 11% of the standards. While doing the review she found a problem of common ownership. Two neighbors were present for this application. Jane Remien and Pat Spilseth. The builder was present for 'Douglas Smith. Sime asked i f there wasn't a common ownership problem would staff. hAve any other problems with this appl 1r.-at ion. Mmbusth stated thAt if this was .a lot of separate record, staff would still have a problem with this application. (loetten asked the neighbors if they had .any comments. Pat Spilseth stated that she would be opposed to this variAnce :application bey ,-iuse their lots are so close together and the noi^e level could he bad. lane Itemlen st ited that she too would be opposed to the vir[ArlCe applivatiuri heciuse of the lots being so :lose together. She sr..atecl if the lot isn't right yir.e how --an you :justify huildin,I on it? RINUTES OF THE PLANNING COMMISSION MEETING OF J ULY 18, 1983. Pa(-je 12 'SMITH (CONT) The agent for the applicant wa3 advised of the common #762 THOMAS CORSON 4195 HIGHWOOD ROAD VARIANCE► ownership study being conducted currently by the City and that the Planning Commission would have to recommend tabling Smith's application until that study was completed. Mabusth advised that Smith should be given the opportunity to addres- the issue with staff and Planning Commission. Sime moved to table Douglas Smith's variance application pending resolution of common ownership question and ask that the applicant please attend the next Plarning Commission meeting. Adams seconded. Vote: Ayes (5), Nays (0). Mr. and Mrs. Corson were present. Mabusth reviewed with the Plann' - ,i Commission Mr. Corson's request of a setback var is for a detached garage. He wishes to keep the same setback of the existing garage which is 9.5' and to put up a 32' x 24' detached garage in its place. Mabusth noted the applicants hardships as the severe slope and several mature trees. Goetten asked the :,ppl icant why he needed such a large garage? Applicant stated that he would like to put a double garage next to a single one used for a hobby snop. His basement_ is non existent and so its because of that. No plumbing will be installed. Callahan moved to approve the street setback variance application of Thomas Corson to permit the construction of a 32' x 24' detached garage based on the following findings and hardships: 1. Slope of land to the south of the proposed garage. 2. Location of a mature oak and several small trees. 3. Pr posed setback will .11ow use of existing gravel turnaround and cut down on additional hardcover. Approval is subject to the following conditions: 1. Doors of garage must face away from the street. 2. Turnaround to be maintained on the site - no backing out onto Highwood Road. Sime !,econde�i. Vot,�: Aves (5) , Nays (0) . TO: Planninq Commission ' FROM: Jeannc A. Mabusth, Zoning Administrator DATE: July 14, 1963 SUBJECT: #761 Douglr.s H. Smith, 3237 Casco Circle - Variance - Lot Area & Lot Width Zoning District - LR-IC Application - a) Lot Area Required == 21,780 sf (100% Required) Required = 17,424 sf (80`t Required) F .sting = 16,748 sf or 77* ' iance = 5,032 sf or 23% (100€ re(juired) Variance = 676 sf or 3.91 (80% required) b) Lot Width Required = 100' Required = 80' Existing = 55' Variance = 45' Variance = 25' (100% Reauired) (80% Required) or 45% (100% Required) or 31% (80% Required) This application was accepted on the basis that the lot of separate record did not meet 801 of the lot standards required for the I.,R-1C zoning district. In reviewing the site and the existing improvements on Lot 18, one cannot help but notice a previous use/ownership connection between combined Lots 16 and 17 to the immediate north. The lot -is still maintained as part of the yard. I reviewed the tax roles back to 1979 and found that Douglas Smith is the owner of Lot 18. The applicant/owner confirms the sale in 1977. I checked the tax files on Lots 16 and 17 and found the enclosed deed for the sale of all three lots to J. Richard Tuthill in June of 1971. Planning Commission has the following options in review of this app i i.ca t. ion : 1) To table pending resolution of common ownership question - I'm sure we'll have an unhappy applicant as he is ready to build. Please note tl:at in his addendum to the application, he openly reveals that Lot 18 was separated from Lots 16 and 17 in 1977. The I,R-lC zoning district was created in 1967. The applicant has demonstrated complete openness In his responses to the information sought in the application. Once again review enclosed Ordinances 31.201 and 31.202. Our applicant could not understand why he had to apply for a variance because he did riot meet the 80% standard. Th- common ownership questi.n will compound that difficulty even more. Hopefully, I will grit the opportunity to explain tht, common ownership issue prior to the mee t i rin . jL , 1 l.asco (.lrcl t. Variance Paqe 2 2) To act on the variance application for a lot of separate record per the staff survey of vacant lokeshore lots held either in common ownership -)r separate ownership based on the following :' _.idings: a) staff accepted the application believing it was merely for a lot arer, and width variance. b) Thy. proposed development of Lot 18 as a single residential unit is consistent with surrounding pattern of neighborhood development. c) The proposed application does not require any variances. d) Existing garage should be noted as a non- conforming structur, and subject to all pertinent ordinance. 3) To deny the 1.-)t area and lot width variance application finding Lot 18, originally held in com,,nc i ownership with Lots 16 and 17 prior to 1971, does meet the required 100% of all lot stand,. c of the I,R-IC zoning district. This - a difficult one for both staff and Plai.,,,inrj Commission. I mould strongly suggest you go with option 1 and push for rest, iition of the corrn,on ownership issue. MINUTES OF THE. PALANNING COMMIS;,;ON MEETING HELD NOVEMBE:R 1.8, 1985. PAGE 3 Mr. Bauman stated that he felt that the proposed plan conforms with the average setback based on all the area properties. As-,stant Zoning Adntini..trator Gaffr..i pointed out that the av, age setback is determined by the two adjacent properties only and, as shown in Exhibit E, does not conform with the average setback. Gertrude Noelting, 1060 Tonkawa Road, was present and stated the proposed pool would be "ugly" from an outside view and felt it would diminish the value of her property. She stated that there is space -to place the pool in another area. Marge Gasch, 1030 Tonkawa Road, was present and stated the pool wou 0 encroach upon their sight line and would effect their prop erty value. She invited the Planning Comirklssion to visit her home to view the sight problem. Taylor stated an aesthetic landscape plan should be submitted. Chairman Callahan stated that elevation plan should also be submitted. Commission discussed various options for placement of deck and pool bu:'.lding. The Commission generally felt that the haracover trade-c variance wou' -' not be a problem. "'here were n.. cher persons present to speak on this matter dr.i the public hearing was closed. It was moved by Chairman Callahan, seconded b• ttcn, to tab'e this matter pending landscape, site, F. ilding, and elevation plans. Motion, Ayes 6, Nays !+b.. JAMES E. 14ERTES CASCO CIRCLE VARIANCE PUBLIC HEARING 8:52 - 9:15 Jim and P,uLhmary Mertes were present. for this matter. C' .iirman Callahan explained the request f.r renewal of s lot w. dth and lot are& variance, which was previosly granted to nr, Douglas Smith, in February 1984 per Resoli.;tion i1607. Doug Smith was present for this matter and st that the applicant's, Mr. & Mrs. James Mertes, bought t property contingent upon renewal of these variances. Jane & Ja^k Remien, 3235 Casco Circle, were present for this :natter. Jane Remien stated that they were unhappy about this because the lot is too small, as is their lot. MAUTI.S ON THE PLANNING COMMISSION MEET i NG HELD NOVE'.MBE:R 1 I! , 1985. PAGV n Tom Corson, 3241 ;:asco Circle, was pr_ent and stated that t • _t. ,heat ion was not consizicent with the other lots in tr►c _--a. He also stat-_l that the existing garage on the lot should be rertoveci whether the variance is granted or not. Mr. Corson felt that the o. iginal variance should not have been granted being this lot is only 54' in width. Jim Mertes stated that they felt they would not have a problem meeting the setbacks and hardcover requirements. Goetten stated that the entire Casco Point area is a high intense residential area. She noted that the lot size was consistent with the area although it would be cite of the smallest lots. Tom Corson stated that they would be making a crowded situation even more crowded. He questioned the initial intent of the ordinance requiring a 100' lot width. Chairman Callahan stated that the lot was intended to provide a residence and the hardship is that there is no other adjacent property available. There were no more comments from the public and the public hearing was closed. It was moved by Rovegnc, seconded by Goetten, to recommend renewal of the lot width and lot area variances noting that the Issues (1-7) and Findings (1-19) , prepared by staff , were fund to be sufficient. Motion, Ayes 5, Nays 1. Kelley v<.;ted I. f, stat4ng it would be overbuilt for lot size. #939 HENNEPIN COUNTY DEPT. OF TRANSPORTATION HENDRICKSON ACCESS CONDITIONAL USE PERMIT PUBLIC NEARING 11:40 -11:50 Hennepin County proposes dredging approximately a 20'xl26' wide corridor, removing 4. 5' of lake botton along the edge of the Hendrickson boat ramp, and constructing a 126' long seawall along the sides of the inplace boat ramp. There were no persons present regar_r' ing t: ^--'-t.er at th. ', time. Planning Commission, table this matter until the December 16th meeting. #990 WARD FERRELL 3411-3415 NATERTOWN ROAD VARIANCE PUBLIC HEARING 9:29 - 9:37 Applicant requests lotar.ea/lot width variances to construct homes on two suh-tandard vacant commonly -owned lots adjacent to the exisitL residence at .1405 Watertown Road. City of ORONO RESOLUTION OF THE CITY COUNCIL. NO. A RE ,ULUTZON GI2AN^.'ING A VARIANCES TO MUNICIPAL ZONING CODE, SECTION 10.25, SUBDIVISION 6 (B) FILE #988 WHEREAS, James E. Mertes (hereinafter "the applicant") has an interest in the property located at '237 Casco Circle within the City of Orono (hereinafter "City") and legally described as follo-Ars: Lot 18, Spring Park, also all the land including the vacated highway, Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka and between the Northwesterly and Southeasterly lines of said Lot 18 extended Northeasterly to said lake shore, and being part of Government Lot 6, Section 20, Township 117 North, Range 23 West of the 5th Principal Meridian, and also indicated on the plat of said Spring Park, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new residence on a pr --rty that is 16,748 square feet in area or 77% of the minimum area required of 21,780 rquare feet or half acre and the width of the property is 55 feet or 55% of the required 100 feet of lot width. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 71NDINGS 1. This application was reviewed as Zoning File #988. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoninq District. 3. The property was in common ownership with contiguous Lots 16 ana 17, Spring Park prior to 1967 through 1977 when the current owner, Douglas Smith, purchased the property. I.ots 16 and 17 are now legally combined. 4. Section 10.03, Subdivision 6 (A) (1) of the Municipal zoning Code provides for development of lots of record held in separate ownership since prior to the e.ffe--tive date of the zoning regula- tion, provided a lot of record meets 80% of the required lot area and lot width and has municipal sewer available. Page I of. 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -- -- - - -- _. 5. Prior to December 19, 1983, the City Council always required that when two or more lots were owned in common, each lot must_ individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the rquirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City wide review of the common ownership issue, on December 19, 1983, the City approved a pro- posed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approxi- mately 5 feet short of the narrowest. lots in th^ 33 lot Casco Circle neighborhood at 60 feet. 9. The Orono Planning Commission reviewed this application on November 1.8, 1985, and a majority of its members recommended approval of the variances as proposed based upon the following findings: A) No avail 'ind - lots are developed on both sides of property. B) The property is served with sewer and water. C) A house and improvements can be constructed without the need for additional variances. D) By yrantirg this variance there will be no negative effect on the public health, safety and welfare. E) By granting this variance it is consistent with the development of the area. F) By granting this variance there should be no need for future hardcover and setback variances. G) The special conditions applying to the parcel of land in question are peculiar to such property or immediately ad- joining property. Page 2 of 5 f �' of OR ONO kr HESOLL'TION OFt'�E CITY COUNCIL o NO. H) The conditions do not apply generally to other land or structures in the district in which said land is located. 1) The granting of the application is necessary for the preservation and enjoyment of a substantial property right :)f the applicant. J) The granting of the proposee variances will not in anyway impair the health safety, comfort, morals, or in any other respect by contrary to the intent of the Zoning Code. K) That the granting of such variances will not merely serve as a convenience to the applicant, but is r cessary to alleviate demonstrable hardship or difficulty. 10. This application is a renewal of variances granted on February 27, 1984, and the findings stated in that approval resolution (No. 1607) were acceptable at that time and are still valid. 11. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the eff _°ct of the proposed variances on the health, safety and welfare of the community. 12. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.25, Sub- division 6 (B; to permit the construction of a new residence on a property 16,748 square feet in area or 77% of the required 21,780 square feet (112 acre) and with a lot width of 55 feet or 55% of the required 1.00 feet of lot width subject to the following conditions: 1. The ... cached garage located within the right-of-way of Casco Circle is a non -conforming structure and subject to all pertinent municipal ordinances for non-confor,minq structures. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. The only variances granted with this approval are lot area and lot width. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvement to the property that requires a variance. 4. Applicant shall pay the appropriate water unit charge, sewer connection fees, and park fee at the time that a building permit is issued. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application fror a building permit within one year of the date of Council approval, or this variance will expire on that date (December 9, 1986). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th dray of December, 1.985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor 11 Property Owner Property Owner Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) S s . COUNTY OF HENNEPIN ) On this day of _ P 1185 before me:�a Notary Public within and for said county, personally appeared known t^ me to be the person(s)�described in and who executed the foregoirig 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 sai6 County, personally appeared known to me to be the person a descried in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act And deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of i To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: December 3, 1985 Subject: 4994 Frank Kokesh, 4100 Watertown Road - Conditional Use Permit & Variance - Resolution Zoning District - RR-lA Area - 35 Acres List of Exhibits Exhibit A - Application Exhibit B - Addendum Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Planning Commission Minutes of 9/16/85 Exhibit F - Kokesh Letter of 9/13/84 Exhibit G Advertisement - Last Straw Ranch Exhibit Ii - Oberhauser Letter of 11/25/85 Exhibit I - Survey of 6 Acre Parcel With Homestead and Barns Review of Application In response to a persistent neighbor's complaint conce.ning an in- crease in commercial activity -end commercial use of the Koke:Sh property, the applicant filed an appeals application in order to determine if a land use application was required. At the Planning Commission meeting of September 16th, applicant was advised that a land use application was required (review Exhibit E). Kokesh applied for a conditional use permit for public riding stable use. S':aff has since advised that a variance application is also required because of the commercial aspect of the horse operation. Pertinent Ordinances SECTION 10.03, SUBDIVISION 18 Subd. 18.. 1'azming. All farms in existence on January 1, 1975 shall be permitted to continue operation sLbject to the following conditio;,:.y: A. Ko new "stock farms" shall be created or existing stock farms enlarged more than twenty-five percent (251) in animals over one year old except under the provisions of a conditional use pcimit. In considering any such permit, the maximum number and type of animals to be Nept shall be determined. The site design and method of operation shall be reviewed and the Council shall find that the proposed "stock farm", if in existence, will not in its opinion be detrimental to the public safety and the genera]. welfaro. Zoning File 4994 December 3, 1985 Page 'I of 5 SECTION 10.03, SUBDIVISION 18 COWL'. D. The establishment of any new building f�-r the housing of animals or fowl s'.311 be located 150 feet or more from the neaiest offsite residence. C. Products produced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such business. Orae temporary business sign not over SECTION 10.20, SUBDIVISION 4 C. Home Occupatons. Any gainful occupation meeting all Nf the following requirements when engaged in only by persons re: ding in their dwelling, when there is no emplo-ed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street, no signs other than those permitted in "R" Districts are present, no exci -sive stock in trade is stored ., the premises, over the counter retail sales are not involved, entrance to the home occupation is ga.ned from within the strixcti,re, and the use does not adv ely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off-street parking rpzces for the occupant and visitors. cECIPION 10.20, SUBDIVISION 3 P F. Recreation Areas. Private gun clubs, archery ranges, riding stables, ski slides, provided the area is fenced and no part of the principal use is less than 100 feet from any lot line. SECTION 10.27, SUBDIVISION 4 A K. Animals. The kec.p.ing of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than 150 feet from the nearest lot line. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purpose , the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or arazing. Any person keeping ::uch animals must comply with the provisions of the City Code. i'ouing File #994 Decemher 3, 1985 Page 3 of 5 Review of Kokesh's Horse Operation - (Exhibit B) The applica ask the City to consider the following activities in its review: 1. boarding and raising horses owned by applicants and others 2. stud services 3. brokerage of horses for applicants and others 4. riding lessons 5. horse shows (no more than 2 a year) 6. tack catalogue sales - no stock in trade or over counter sales Review of Application Section 10.20, Subdivision 3 W requires a conditional use permit for riding stables. The applicants' daughter provides riding lessons on site an3 applicants also note that they provide boarding facilities for horses owned by others in addition to renting horses for public use. Per definition 66 (Section 10.02) Public Stables or Barns, th.'.s definition includes boarding, rental of horses and riding lessons. The conditional use permit for public riding sty_ ..e will cover boarding of horses, rental of horses and riding lessons. In reviewing Section 1,).03, Subdivision 18 - Farming - a conditional use permit is not-equired because there has riot been an increase of more than 25% in horse otock. 2.0 horses in 1975 25 horses currently maintained 5 total increase or 25% Per current area allowance for the keeping of horses (Section 10.27, Subdivision 4 A) 1 acre for homestead, 2 acres for 1st horse and 1 additional acre for each additional horse: Total area of. 35 acres w-Duld allow the keeping of 33 horses. Applicants maintain 25 horses. Applicant's Attorney has asked that the number of horses aillowed on the site be subject to the provisi :ns of Section 10.27, Subdivision 4 A (K) rather than Section 10.03, Subdivision 18. This point was not specifically addressed by the Planning Commission in this application review. The conflict ; thin the code was briefly touched on in recent zoning amendment discussion;. A conditional use permit is not required in rural zones for keeping of horses and yet Section 10.03, Subdivision 18 - Farming, would limit any increase to 25R for farms in existence as of January 1975. In other words a new operation, not in existence on January of 1975, would be able to maintain 33 horses without a conditional use permit on the 35 acre Kokesh site but Kokesh would have to ripply for a conditional use permit if he went to 26 horses. The applicant asks that he be allowed to maintain the maximum number of :gorses at 33 units and if he sells off any land the number of horses maintained will be reduced. Zoning File #994 December 3, 1985 Page 4 of 5 Home Occupation (Section 10.20, Su'-)uliision 4) the applicant has confirmed that a variance is not required to this section because they deal in catalogue tack sales. There is no stock in traCle stored on premises nor is there over the counter saieG. Per Section 5.40 of the Municipal Code a home occupation license is re% .ired. The applicant has applied for a Home Occupation License - licens;! to be approved at your December 9th meeting. Keeping of domestic animals (Section 10.28, Subdivision 4 A) as in the Dennis Thompson application, staff must also recommend that applicant seek a variance to this section because of the commercial aspect of the horse operation as follows: 1.. raising of horses for show and sales 2. stud services 3. )rokerage of horses for others As wit: the Thompson review this is not applicants' primary source of revenue. T,:e horse operation, although classified commercial, has taken on what afnears a hobby farm use to an outside observer and appears consistent in use ,iith adjacent rural farm properties. The operation does require help from outside sources. The Kokeshes employ a tot-' -)f 10 full. and part time workers and seasonal helpers. In regard to the two horf.e shows held each year. Tne applican 5 have applied to the Orono Police fo.: thy, necessary licenses per Section 5.25, - Li.cenF" required for shows and large assembly. We have had no reports of any problems or accidents resulting from this special. use. Planning ;.ion Recomendation To apo conditional use permit for Frank Kokesh to permit the unt.inued u. } ks 35 acre site for the boarding of horses, rental of Icrses an,. i ction in horse back riding. To approve a variance to Section 10.27, ubdivision 4 (A) to permit the applicant. to continue with the keeping of domestic animals for commercial purposes specified as follows: 1. raising f horses for show and sales 2. stud servies 3. brokerage of horses for the public Approval is riasec -i the fc, 'awing findings: 1. Applicants' principal residence is located on a 35 acre site. 2. No other variances are sought to pe.rformanc^ section of Section 10.27, Subdivision 4 (A) - Keeping of domestic animals. Zoning File #994 December 3, 1985 Page 5 of 5 3. The proposed level of use is compatible with surrounc'ing 5 acre "hobby farm" neighborhood. 4. The property has been used as proposed in this review for over 15 years and has ,got resulted in any harm to the publics' safety or welfare. This approval is subject to the following conditions: I. Applicant to apply for a Home occupation Lic,,,se. 2. The conditional use permit is to be reviewed annually until Council determines otherwise. 3. Payment of $150.00 for required variance. 4. Riding lessons provided by only membors of the family. 5. Total number of outside employees limited to current number of 10 (incl!.des full and part-time employees, seasonal helpers, et-.). Council s;.�uld give direction to staff concerning applicable section for number of nc;r.ses to be maintained on property. Section 10.03, Subdivision 18 - any number over 25 requires a conditional use permit or Section 10.27, Subdivision 4 (A) - total number of horses limited to 33 based o- total area (animal units to area). City of ORONO RESOLUTION OF TN'. CITY COUNCIL NO. A RESOLUTION !RANTING A VARIAL','P, TG MUNICIPAL ZONING CODE ^r TION 10.27, SUBDIVISION 4 (A) -o_1 A CONDITIONAL USE FERMIT PER MUN..' PAL ZONING CODE SECTION 1f .20, SUP.;)IVISIOF 3 (F ) PILE WHEREAS, Frank Kokesh (hereiij:,,`ter 'the applic..nt") is the owner of the property located at 4100 W- c.: rtown Road within the City of O;.ono (hereinafter "City") and legally dt. cribed ds follows: The West 316.50 feet of the South 1088.1 feEt of the West .1/2 of the South 27.50 acres of the West ./2 c f the East 1/2 of the Northeast 1/4 of Section 31, Towr. C, 1. Range 23 lying North (of the ceritcr line) of the Minn- ipeli5 and Watertow- oad, (hereinafter "property"); and W7 -REAS, the ppli• ant h -3 r._.de : , icat., for a jLance to permit the keeping f. - omes . ; anima 1 s Foi commercial purposes per Section 10..27, Suhdiv i sion 4 ' , 3r 9 a ; .nditiona'- use permit to permit the cor tinued use of app .^-ant's property for the boarding of h(-rc-aes, rental of horses and 'r 1 -lion in the r'iding of horses per Mur-cipal Zoning Code Section 1 �'-livision 3 (F). NOW, THEREF'CRE, BE IT AaSuI.V the City Counc Orono, Minnesota: FINDINGS 1. This application Zoning File A9)4. 2. Tht, property it PR-1R Rural Re ,iden•.ial Zoning District. 3. roperty c;.,, 35 3 , it re:a. r . ThL Oror:) Pla :n ng Commission reviewed +hi.s application on h •embf-i. 18, 1985, and r 2commende<i appro' Ai of the proposed var ' ce to allow th. %Eep;ng of domefi`ic a.�.Lmals for c ,mmercial purposes per Zoning t-orle . oction 10.27, Subdi,.i6 ois 4 (A), rd recommende(, app-oval -)f a conditiona : c:se permit to permit *he -ontinua,d use of arfpl is property for public riding stahle se based on +' � fall( findings: A� Applicant's .r..ipai reside ice is located on -i •r„ ai te. B) No he variances are sought to �erformancc se `ion of Sec'i_r)n 10.2;, Su.')di-isi^n 4 (A) - keeping of domestic .3nimal3 Pi v 1 o t 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. -I "'"� proposed level �f use is compatible with surrounding 5 acre "hobby farm" neighborhood. D) The property has been used as-oposed in this review for over 15 years and has not resul red in any harm to the publics' safety or welfare. 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 r pose a fire hazard or other danger to neighboring proper - would n% •,terely ser- • r,, :onvenience to the applicant, but necessa,�, to alleviate .a c:...aonstrable hardship or difficulty; is necessar• !. preserve a :substantial Property rig'- ^f the appli- cant; and would he in keeping with the spirit a• AL., the Zoning Code and Comprehensive Plan of the City. 6, Tho City Council finds that granting a conditional use permit I l low a public riding stable will not be do trimenta 1 to the lth, safety or general welfare of the public, would not ad- versely afff-�.` light, air nor pose a fire hazard or other danger to neighbor. ng pr. ,erties, nor wi 11 it depreciate surrounding property values a.id that the proposed level of use of the property will be in keeping with the intent and -bjectives of the Zoning rode and Comprehensive P1-.% of the City. CONCLUSION:. ORDER AND CONDITIONS Based upon t.ne or mo; � of the above f . r 4s, the Orono Cis., Council hereby giants a varia:,-e to Municipal Toning Code S-Ction 10.27, Subdivision 4 (A) tr:� allow the keeping of aomestic ani-m-is for commercia 1 purpose:. �d per Section 10.20, Subdivision 3 (F i arants a conditional :use per to permit the continued use of applicar.'�'s prap�-rty for pub' riding stable use subject to the fo..lowing conditions: 1. Trio• total number of full and part ti.,4 employees' -1y the applicants to assist in the commercial horse operate all not exceed the current 1 -�vel cf 1 q employees. 2. Riding lessons are- ...) b.- pro•: i ded by members of applicant's f.awi.ly. 3. Horses Ina ntainPd property shall. net exceed the number ailc..ed per Section 4. Applicant shall renew condit.iona2 use permit annually until Council speri * i z-therwi 5. Authorities granted :,y -re conch-,-ional _se permit run with they property not with the ow.ter and are permissive nly. L_'ity of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. Violation of or no, --compliance with any of the terms and conditions of `his resolution scull constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of hims,:lf, his heirs, su- esscrs and assigns, hereby agrees to the recording of this resol .ion in fhe chain of title of the property. Adopted by The Orono Cit-, Council on this 9th day of December, 1985. ATTEST: Dorothy M. Hallin, City Cler;. Mary C. Butler, Mayor (1) Propf�rty Owner Page 3 of 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. NESOTA COUNTY OF HENNEPIN On this _ day of 1985 before me a Notary Public within and for said cc� :y, personally appeared l,nuwn to me to be the persons described in and who executed the foregoing instrument; and acknowledged that he (they) executed the same as his (their) free act and dee;3. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )s�• 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 F,erson(s) described in and who executed the foregoingirstrument, and acknowledged that he (they) executed the same as his (their) free- ct and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 14 SM CITY OF ORONO COTY OF nf�UidU GENERAL LAND USE APPLICATION --------------------------------- ------------------------------------------ PROPERTY LOCATION Site Address 4100 Watertown Road Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) -----Please attach -legal -descrit ion to application if, not included on� required survey. APPLICANT Name FRANK KOKESH by Attorney Louis B. Ob Rohe hauser _FRANK _ y none 473-2521 Mailing Address 1421 Fast Wayzata Boulevard, Wayzata, Minnesota 55391 -------------------------- OWNER Name FRANK KOKESH Phone (R)473-1489 (W)935-6955 Mailing Address 41.00 Watertown Toad, Orono, Minnesota Date Property Acqui - - i pproximatel y 1970 (month/year ) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS XX $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning $100.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY P;rEsfdt Zoning District ►;R-1A Stook Farm Present Use of Property Commercia) Stable and Other (specify) ------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: See attached The activities that the applicant desires to carry on on his property are as follows: (1) Boarding and raising horses owned by the occupants; (2) Boarding and raising horses owned by others, either individually or in syndication; (3) Stud services; (4) Brokerage of horsest (5) Riding lessons; (6) Organizing and conducting horse shows not to exceed two shows per year; (7) Selling of products as a representative but not from stock or inventory. It is proposed that these activities be conducted on Parcel 11-0007, Parcel 14-0005, and Parc . 14-0004, which comprise a parcel of land of approximately 25.47 acres, plus or minus, and Parcel 14-0006 comprising of approximately ten acres. _ _.- r 41 L111lJ.L1t1C1U.LU11 requires or request-d by the 'Zoning Administrator, agrees tc -gay all fees and/or unusual expenses incurred in review of this application, and ce tifi" that the info -mat ion supplied is trine and correct to the best of h'nyjwledge. Applicant's signature - ate OWNERS SIGNATURE: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry opto Atfe property by City staff, consultants, agents, commission members, Ind Council members fc:r purposes of investigation and verif i catiotof i s T le Owner6 sign Lture _ y � /,wj��C ._.- -- Date' 1 Applicant must have .11 submittals into the City offices 25 dals before the Planning Commission Meeting. Planning Commission Meetings.11re held on the third Monday of each month. Lp LOUTS B OBERHAUSE.R LAW CLERK MARK V GRIFFIN OBERHAUSER & ASSOCIATES, PA A TTORNE Y3 AND COUNSLLOR3 AT LAW 1421 E. WAYZATA BOULEVARD - SUITE 210 WAYZATA MINNESOTA 55391 November 13, 1985 CITY OF ORONO Post Office Box 65 Crystal Bay, Minnesota 55323 Attention: Jeanne A. Mabusth-Zoning Administrator Re: Condition Use Permit/Frank Kokesh Our Tile: 8014-1 Dear Ms. Mabusth: 161::I 4732521 OF COUNSEL ROF,L.,. i K RANDALL The activities that the applicant desires to tarry on on his property are as follows: (1) Boarding and raising horses owned by the occupant-s; (2) Boarding and raising horses owned by others, either individually or in syndication; Stud services; (4) 3rokerage of horses; (5) Riding lessons; (6) Organizing and conducting horse shows not to ex -eel two shows per year; 17) Selling of products as a representative but not from stock or inventory. It is proposed thAt these activities be conducted on Parcel 11-0007, Parcel 14-0005, and Parcel 14-0004, which comprine a parcel of land of approximately 25.47 acres, plus or minus, and Parcel. 14-0006 comprising of approximately ten acres. City of Orono Attention: Jeanne Mabusth 1 , November 13, 1985 Page Two The initial purchase consisted of approximately twenty-six acres in May of 1968 and at that time the operty was used for the purpose of boarding hor- ses to others than the occupant of the property. The balance of the acti- vies are incidental to operating a horse farm. A reading of the Orono Zoning Code does not provide any comprehensive guidance as to performance standards for a commercial stable or stock farm but none of the above activities should result in any detriment to adjacent property values and would be appropriate for the zoning district in which the property is located and consistent with its historical use. Sincerely,r ZS'B, BERHAUSER L90/ejw CC: Frank Kokesh SEC..3/, T. //8, R. 23 MHEREM ORONO-38 � f tf, z '2i u. i2 CM OR ORONO SEC 30, T IPe, W 23 �� LNfw ' ;:SS •i Ar. C�) A� 'M lOI've- 7701 w »,a ' • i w - job fu � • t•C' ' Vl p00 �• �` p� h) ` (!} 4. SIB w • • j .J � - � • uuf¢rw, a) 24 4.. Michael Plank 4145 Watertown Road Maple Plain, MN 55359 Earl N. Dorn 4045 Watertown Road Maple Plain , MN 55359 Richard Hunt 505 Orchard Park Road Long Lake, MN 55356 Joe & Pam S.x chuck 4105 Watertc .4n Ro Maple Plain, MN Delbert E. Wil 4040 Watertown Road Maple Plain, MN 55359 Larry & Darryl Kostka 6436 Pagenkopf Road Maple Plain, MN 55359 zr.lin & Elizabeth Kostk, 185 Watertown Road ple Plain , k2l 55359 Robert C. Eckert 180 Hilltop Lane Loretto, MN 55357 0 A M. 'UTES OF THE PLANNING COMMISSION ME:3TING HELD SEPTE24BFR 16, 1985. PAGE #928 RICHARD PULA 2015 WEBBER HILLS ROAD CONDITIONAL USE PERMIT SECOND r—ri[EW RECOC-; :' I T I ON 'this appl.icaticn was previously tabled pending receipt of required septic testing and system design information. Dick Pula was present for this matted and explained that his existing septic system, was found to be adegUate but he still intends to improve thu system. Mi. Pula explained the pure of the need for this guest apar !111.: an attempt to ca_e for the elderly and his own, and : not t!-er planning on using it as rental Iroperty and is against rental property in his area. Chairman. Callahan expressed concern for this turning into rental property in the future. Y .ey, Rovegno and Sime stated their agreement with the ap, iicant.'s request and felt this was an appropriate use. Goetten felt the lot was to sul>standard to allow any more variances. McDonald stated t._3t a precedent would be set by approving this type of use and standards should be sit firs, c.:hairman Call --than stated that it was too much of a variance from the code to allow. I.t was moved by Kelley, seconrl—I by Sime, to recommend approval of the conditional us mit subjoct to the property not being rented in the fu one occupant only, and entrance to apartment be interna' . Motion, Ayes 3, NayF 3. Callahan, Goett.en, and McC iald voted nay. Mr. Pula was advised that his request will be heard by the Council for a final decision. At this time, Mr Pula wished to publicly thank Building Inspector, Tom Je. ;obs, for his ac.sistance in dealing with a problem with his contractor. #951)FRANK KOKESH 4100 WATERTOWN ROAD APPEAL — IN9'BRPRETATION :)F STOCK FARM AND HOME OCCUPATLO6 Si5CTION CONTINUATION OF PUBLIC HEARIW; 10:12 10s36 LOU Ober.hauler., ittor.ney for Lhf• applicant, was present io this mat tc-i . MINUTES OF THE PIANNING COMMISSION MEETING HELD SEPTEMBER 16, 1985. PAGE 6 i953 KOKESH continued Mr. Oberhauser explained how the issue of the ne-es_ : `y of a conditional. use permit c_-te about. He stated that since the ordinance came into effect in 1975 this property has been permitted use as a stock farm. Mr. Oberhauser referred to two issues t' have been brought up, the selling of tack and periodic rio_.ig lessons. t explainer: that Mrs. Kokesh takes orders over the phonE r special types of tack and it should be canside••Pd mar.ufac _urer I s representative type of busines; rath a a production commercial type of busines-. Hti -xpl.ained that the Kokesh daughter periodically 9 ersons to accommadate the board,-=s. Mr. Oberhaucer t•_ t-ed direx -ion or. the t •pes of permits required. Zoning Administrator Mabusth stated th, within the recreation section of the code a conditional use permit is required because of the riding acadamy nature; and a varia. _e would be required for the home occupation. Mabusth recommends that Mr. Oberhauser's client file :ormal applications for a conditional use permit and a variance. .irl G•_rn, 4045 Watertown Road, was pr.eser.* �o state his feelings regarding this matter. He sta,- .. th:At is has taken the City a year to act on this and it is ciearly a public stable- He feelE that t',e ordinance should be applied equally to residents. He ...ret ..hat th- problems include the increased t:raf f is LecaLs� ^f the hor shows, chuckwagons, loudspeakers, tack and le::sons are advertised. He also noted that the City building inspector should check to see if all the buildings on the pr..)erty were built under the authority+ of building permits. Dorn stated *hat it the applicant were to apply for the r _�ssa-y permits, he woula be oppose3 to the unlimi _, d c!xpa.. for " t:n oneration. Kelley stated that there ser.med tc be no problems at the ho'CEC shcti,r hj has att.endr " at_ this property regard)n3 the traffic and op, -ration. H_ r u: tiler stated that he never saw any `vrje of over-the-counter sales. I tack. 4ime stated that he f-els tai s i b a proper use _n t'.as area and encourages it. ��etten stater! that conditions a:id l,mit: ':ici.s should be on these types of operati.ori3. Mr. oberhaurer stat.^d that ne felt th, type o. sa1__s of tack involved were cove-ed 1.nler t'e hu' �i occupation section because the sales w Limited and of r..re cataiogue ype. Planning Commission,.. curre-r that appli-_.rr,_ =.hould fil he appropriate applications upon staff':: .• commendation to t,e heard before the Planning commission. t- DATE: September 13, 1984 TO: Orono Village Council FROM: Last Straw Farm r100 .and due K *& Watertown f:oad '-Prd in_,` TT-5-53 59 476-0457 In respons.-! to your request for further information about the use of our property at the Last Straw Farm. 1 hope the following will be sufficient. We purchased this property over fifteen years ago. Before doing so, we rnade sure the previous owners had boarded horses, and that there was a Grandfather Clause covering that. We have run a small private ' oarding and training facility for over fifteen years. There is rw., horse rental, all hor .., are owned by ourselves or boarders. Our dau;,hter Renee' trains and gives lessons to people who board at our home as well as our with our own horses. She shows Hunters and Jumpers in Minnesota and the surrounding, states. Renee' has been chosen the last three years in a row for Olympic training., C)ur other three daughters also, own several trorses each, as do we. We raise, in, buy and sell thoroughbred race horses, Hunters and Jumpe-rs. We have raced in Nebraska, Arkansas and Illinois, and this coming Spring, will race in Florida and Minnesota. The Last Straw Farm has put on through Jumper Inc., small shows for charity the last two years. The Orono Village and police, plus North Ambulance have been notified in advance. We also have taken out additional insurance to insure everyone's safety. 'V,, have always had a permit from the Village for every improvement we have done to .,ur property. We feel we have been on goa' t^rms with our neighbors and have h.,d no complaints, with the exception of one. We have twenty-five acres and have great pride in the condition of our home and property. We are continually snaking improvements each vear and take the very best care of all our horses. It you have any questions, please feel free to sto; or call at home 476-0437, or call Frank at work 935-700E. Thank you. � � v ap , "The . HUNTERS.-l-". UMPERS'1: 1'," i . • BOARDING.- • SALES SONS • S go"NG . , : _ fo TACK c 'f' QUALITY SHOW .. s VIST RUCT I O H . REND ' E KOKESH . r *M)oom F4l(Yf4G ARENA HEATED STABLE V%Wv� O� Aid► v , a . 47 • 1489, �* I MAPLE PLAIN t t� 16 OBERHAUSER & ASSOCIATES PA A 7TORNEYS AND COUNSELORS A LAW 1.121 E WAYZATA BOULEVARD - SUITE 210 LJUI$ H U9E RNAUSER WAYZATA MINNESOTA 59391 LAW CLARt' MARK V GRIFFIN 1612) 4732521 OF COUNSEL ROBE Rt K RANUALL November 25, 1985 L:L V CITY OF ORONO-�� Y OF 1� A Post Office Boa 66 �~_''`�^�-=1-= Crystal Bay, Minnesota 55323 Attention: J,ranne A. Mabusth-Zonin&_Administrator Re: Conditional Use Permit/Frank Kokesh Our File: 801.4-1 Dear Ms. Mahusth: I am completing an application for a Home Ot-rupatron Ltcerisf� to allow for the sale of tack by the occupants of the home. I have spoken with Mr. Kokesh and beside the members of the family he hires from two to five people at various times to help with the operation. They number of people depends upon the type of horses that are in residence on the property and whether or not the people are working part-time or full. -time. I feel that of the number of horses which can be kept is per the ordinance, there should be no need to limit how many people Are hired to care for the horses. If the condition is necessary it might make more sense to state that the owner should not contract for over 300 hours of outside services per week. This would allow the equivalent of seven and one-half full-time people. The Conditional Use Permit is being granted under S10.27 of the Zoning Code that permits a Recreational Area which permits riding stables and will cover the following uses: (1) Giving of riding lessons, (2) Boarding and raising of horses, (3) Brokerages of horses, (4) Sale of horses. They conditions that will be applicable to the Permit based upon the discussion of the Planning Commission are: Ms. Jeanne A. Mabusth-Zonlnc; Administrator November 25, 19V Page Two (1) That the number of horses shall not exceed those that are allowable under the provisions of §10.20, Subd.K; (2) That the number of outside employees shall not exceed ten. (3) That the Permit be reviewed by staff at the end of one year to ascertain that the area has not been an inteastfication of use. Ilie intensification of the use should not be tied to the number of horses but the number of people caring for the horses. The number of people caring for the horses will change depending on what work the Kokeshes' perform in the care, feeding and training of the horses. Sincerel S OB USER LBO/ejw cc: Frank Kokesh MAP wwwpw.up.� �ftq motl—"M-1 m an ma.ft rm 0 so own mm Im "Am so lem?a St. 1. Us. 0. a LrM SM I .0 lusumm" us ftlua amik. ft ►-W —"fj ft" VA. f Wa Op" 4...OMA6 I ftj, sw 4.1 W fte. a. aw baW.0 Ls. "I f IV R A REQUEST FOR PAYME41 DATE: December 3. 1985 PLACE: Orono, Minnesota PROJECT: Sanitary Sewer Improvements Crxstal_Bay PROJECT NO.: 13918 FILE NO.: 13918 CONTRACTOR: A.R.I. Contracting, Inc. ADDRESS: P.O. Box 706 Eveleth, Minnesota 55734 REQUEST FOR PAYMENT NO.: _ ? ___ SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION $ 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 8. Lass Retainage 5 % 9. Sub -Total 10. Lees Amount Paid Previously 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 5 OWNER APPROVAL: By By Date: 765U FOR PERIOD: From: Oct. 31,_1985To Nov. 30, 1985 COMPLETION DATL: October 15, 1985 (Dec. 15, 1985) _Bituminous Base 6 Wear Si-rfacing June 15. 1986 { _ 691,587.65 $ 710,229.15 $ 558,200.34 $ 0.00 S 558,200.34 S 27,910.02 S 530,290.32 $ 494,402.43 $ 35,88.89 _ Recommended for Approval by: SONF.STR00, ROSENE, ANDFRLIK ASSOCIATES, INC. Approved By:_A.R.I. Contracting Inc. Contractor By Project: Sanitary Sewer Improvements - Crystal Bay - Orono, Minnesota Contractor: A.R.:. Contracting, Inc. Contract Item PART I - SANITARY SEWER 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. iv pl. 8" PVC, 14'-16' do in pl. 8" PVC, 16'-18' dp. in pl. 8" PVC, 18'-20' dp, in pl. 8" PVC, 20'-22' dp. in pl. 8" PVC, 22'-24' dp. in pl. 8" PVC, 24'--26' dp, in pl. 8" PVC, 26'-2,,' dp, in pl, 8" PVC, 28'-30' dp, in pl. 8" DIP in place Std. MH 8' deep, 4' dia., w/1642B casting MH depth greater than 8' deep Outside riser for drop section 8" x 4" PVC service :rye branch 4" CISP service pipe in place 6" DIP service pipe in place 4" CISP service riser pipe in pl. Payment No: 5 File No: 13918 Date: Dec. 3. 1985 STATEMENT OF WORK Unit Est'd Quantity Amount Unit erice t,LuantitY To Date To Date L.F. $16.62 270 182 $3,024.84 L.F. 17.48 1,000 683 11,938.84 L.F. 19.04 1,850 2,747 52,302.88 L.F. ?2.10 950 377 8,331.70 L.F. 25.67 450 356 9,138.52 L.F. 30.58 325 3'21'6 9,969.08 L... .6.49 565 488 17,807.12 L.F. 44.56 1,100 996 44,381.76 L.F. 52.26 450 445 23,255.70 L.F. 63.3t 475 210 13,295.10 L.F. 82.11 325 314 7.5,782.54 L.F. 125.61 140 228 28,639.09 L.F. 16.00 30 25 400.00 Ea. 800.00 33 34 27,200.00 L.F. 55.00 240 244.2 13,431.00 L.F. 80.00 61 63.3 5,064,00 Ea. 15.50 85 88 6,644.00 L.F. 9.50 2,500 2,384 22,648.00 L.F. 15.00 16 L.F. 10.50 2.10 298 3,12S.00 Page 1. 7650( Project: Sanitary Sewer Improvements - Crystal Bay Orono, Minnesota Contractor: A.R.I. Contracting, Inc. STATEMENT OF WORK Unit Contract Item Unit Price PART I - SANITARY SEWER - CONT'D Service line cleano'c- Jack or auger 6" CISP incl. casing under Co.Rd. #15 Jack or auger 8" DIP S casing in pl. 6" DIP force main in place DIP fittings in place Rock stabilization (3/4" minus) Mechanical trench compaction Payment No: 5 File No: 13918 Date: Dec. 3, 1985 Est'd Quantity Amount uantity To Date To Date Ea. $130.00 9 7 L.F. 175.00 50 50 L.F. 175.00 130 130 L.F. 13.00 65 u0 Lbs. 1.30 300 250 T. 8.75 2,500 1,494.10 L.F. 0.31 1(1,500 9,497 TOTAL PAR'1' I - SANITARY SEWER..... PART TI - STREET GRADING, SURFACING 6 RESTORATION Common excavation C.Y. Bit,.:roinous surfacing removal S.Y. Cl. 5 aggregate base(100% c rcishe,+ 1 P. 2341 bituminous wearing surface 2341 bituminous binder T. 2341 bituminous leveling course T. AC-1 bituminous material for mixture T. dituminus meteri.al for tack coat Gals. 2341 bitum. street & driveway patching T. Concrete driveway pavement w/66/1010 wire mesh S.Y. Page 2. 76`+)c $2.50 0.75 8.15 15.15 14.95 16.40 211.00 1.55 46.50 27.00 5,000 i0,000 5,500 1,100 1,100 200 140 500 ISO 120 4,428 9.354 5,839.06 i $910.00 8,750.00 22,750.00 780.00 325.00 13,073.38 2,944.07 $375,915.61. $11,070.00 7,015.50 47,588.34 Project: Sanitary Sewer Improvements - Crystal Ba- Orono, Minnesota Contractor: A.R.I. Contracting, Inc. Contract Item STATEMENT OF WORK Payment No: 5 le No: 13918 :)&te: Dec. 3, 1985 Unit Est`d Quantity Amount Unit Price QuantQy To Date To Date PART II - STREET GRADING, SURFACING 6 RESTORATION - CONT'D "Grass paver" concrete grid S.Y. $33.00 36 Clear and grub trees Ea. 75.00 145 Remove culverts L.F. 6.00 120 12" RCP, Class 5, culverts in pl. L.F. 15.00 115 Remove and transplant trees Ea. 54.00 150 Remove and transplant shrubs L.F. 8.50 1,200 3" sugar maple, B b B Ea. 27EOO 15 Colorado green spruce 6'high, B b B Ea. 180.00 15 Sod with 3" topsoil S.Y. 2.30 2,500 Seeding, Cl. 5, w/3" topsoil, fertilizer b mulch Ac. 4,600.00 10.0 Siltation erosion control fence, Mirsfi "Envirafence",or approved equal L.F. 2.15 300 Standard 2' x 3' CS w/R-3067 cstg. in pl. La. 575.00 2 12'' RCP flared end section Ea. 205.00 4 Rip rap C.Y. 28.00 10 Filter blanket C.Y. 17.50 5 'DOTAL PART 11 - STREET GRADING, SURFACING 6 RESTORATION..... PART III - LIFT STATION Construct wastewater pumping station, including precast concrete structure, equipment, piping, site Mork and electrical work 242 $18,150.00 4 60 360.00 107 1,605.00 8 432.00 3.18 2,703.00 5.0 23,000.00 38 81.70 _ 1,150.00 2 10.00 1 i) 280.00 87.50 S113,933.04 L.S. 51,700.00 L.S. 1001 TOTAL PART III - LIFT STA'IJN..... &%I Inn nn *311,ruV.ut) 765Y. Page 3. Project: Sanitary Sewer Improvements - Crystal. Ba Orono, Minnesota Contractor: A.R.I. Contracting, In... Contract Item CHANGE ORDER NO. 1 Lift Station Relocation CHANCE ORDER NO. 3 Granu:ar Fill (Pit Run) CHANGE, ORDER NO. 4 Cl. 5 Aggregate Base (100% (ruSh-,d) Sub -base correction CHANGE ORDER NO. 5 Lift Station transformer TOTAL PART I - SANITARY SEWER STATEMENT OF WORK Payment No:, 5 File No: 13918 Date: Dec. 3. 1985 Unit Est'd Quantity Amount Unit Price Quantity To Date To Date I-S. $5,000.00 L.S. L.S. $5,000.00 TOTAL CHANCE ORDER NO. 1 - ADD..... $5,000.00 Ton $4.58 550 398.9 $1,826.96 Total CHANGE ORDER NU. 3 - ADD..... $1,826.96 Ton $8.15 700 600 $4,890.00 L.S. 1,795.00 L.S. 73.1% 1,312.23 TOTAL CHANGE ORDER NO. 4...... $6,202.23 L.S. $3,622.c` L.S. TOTAL ORANGE ORDER NO. .... TOTAL. PART 11 - ,TREFT GRAD I W+ , SURFAC I NC 6 RE;S'rORATION TOTAL PART III - LIFT STAION TOTAL C}#ANGE ORDER NO 1 TOTAL CHANGE ORnE:R NO 2 VOIDED TOTA1. C ANGE ORDER NO 3 TOTAL CHANGE ORDER NO 4 TOTAL CHANGE ORDER 1#0 5 TOTAL WORK COMPLETED TO DATE.... .. Page 4. 100:I S3. 622 SO $375,915.61 �113,933.04 51,700.00 5,000.DO 0.00 1,826.96 6,202.23 3,622.50 $558,200.14 74504" REQUEST FOR PAYMENT DATE: December 3, 1985 FOR PERIOD: PLACE: Orono, Minnesota From: Oct.31, 198� To Nov. ", 1985 PROJECT:Willow Drive Overlay -Old Crystal. Bay Rd. Overlay SPECIFIED CONTRACT PROJECT NO.:MSAP 152-10'.-07,152-102-08 FILE NO.: 13922 COMPLETION DATE: CONTRACTOR: Wm. Mueller 6 Sons, Inc. October 5, 1985 ADDRESS: 831 Park Ave. Hamburg,_ Mn. 55339 REQUEST FOR PAYMENT NO. SUMMARY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Original Contract Amount Change Order - ADDITION $ Change Order - DEDUCTION S Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5 2 Sub -Total Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 2 $ 7 3 826.74 _ $ 2 3 2 L8 2 6.7 4 $ 96, 245.28 S 0.00 969245.28 4,812.26 $ 91,433.07 $ 30,324.47_ Recommended for Approval. by: BONESTROO, ROSEIM, ANDERLIK b ASSOCIATES, INC. r' r /7 OWNER APPROVAL sy By flare: J Approved By: W®. Mueller b Sons, Ins. Contractor Bv: 026 3d Project: Willow Dr. Overlaaa Old Crystal Bay Rd. Overlay. ;rono� Mn. MSAP 152-101-0, 152 _102-08 Contractor: aim. Mueller b Sons. Inc. Item No. PART 1 - STATEMENT Contract Item Unit WILL04 DRIVE OVERLAY - ASAP 152-101-07 OF WORK Unit P-ice 2104.505 Remove bituminous pavement S.Y. $4.00 2104.521 Salvage pipo cu'v,.rt L.P. 2.00 2212.501 Aggregate base, Cl. 5 1 "00% crushed) T. 9.10 2212.501 k_4regate base, Cl. 5 (100% crushed) for driveways T. 9.10 2231.501 Bituminous patching mixture T. 55.00 2231.507 Joint and cra.k filler Lbs. 0.90 02.31.601 Roadglass reinforcement (Design SP-0 S.F. 1 70 7311.504 Bitum. mat'l for mixture T. 200.00 2331.504 Leveling course mixture T. 10.30 2341.504 Bitua. mat'1 for mixture T. 200.00 2341.508 Wearing rourse mixture T. 10.30 2-57.501 6itum. mat'l for tack coat Gals. 0.90 2501.511 12" CMP pipe culvert (14 gauge) L.F. 24.00 2501.511 15" CMP pipe culvert. (14 gauge) L.F. 26.00 2501.511 15" CMP pipe culvert (7 gauge) L.F. 26.00 2503.571 install pipe culvert (Design SP-2) L.P. 18.00 Page► 1 026 Id Pa,,-ment No: 2 File No: 13Q22 Date: Dec. 3. 1985 Est'd Quantity Amount quantity To Date To Date 60 85 $340.00 240 341.5 683.00 150 130 1,183.00 150 150 94 5,170.00 900 800 720.00 2,500 2,690 4,573.00 8 5.9 1 , 180.0,^ 250 118 1,215.40 153 161.18 32,236.00 2,550 2,686.25 27,668.38 1,500 1,450 1,305.00 60 60 g4 1 , t,64.00 60 240 341.5 6.147.00 Project: Willow ^r. Overlays Old Crystal Bay Rd. Overlay Payment No: 2 Orono! Mn. MSAP 152-101-07, 152-102-08File No: 13922 Contractor: 14m. Mueller 6 Sons, Inc. _ 'te: Dec. 3, 1985 STATEMENT OF WORK Unit Est'd Quantity Amount Item No. Contract Item Unit Price Quantity To Date To Date PART I -• WILLOW DRIVE OVERLAY - MSAP 152-101-07 - CONT'D 2554.501 Traffic barrier Des. A-8307 L.F. $18.00 110 2575.505 Sod with 3" topsoil S.Y. 2.80 500 0564.603 4" wide broken line, yellow paint L.F. 0.051 6,630 0564.603 4" wide solid line, white paint L.F. 0.051 13,260 0564.603 4" wick solid line, yellow paint L.F. 0.051 6,000 TOTAL PART I..... $84,084.78 PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 2101.502 Clearing Ea. $35.00 40 30 $1,050.00 2101.507 Grubbing Ea. 35.00 40 30 1,050.00 2104.505 Remove bituminous pavement S.Y. 4.00 50 47 188.00 2104.521 Sal•!age pipe culvert L.F. 2.00 i30 138 276.00 2105.501 Ditch excav ..io, C.Y. 3.50 DO 925 3,237.50 2105.525 Topsoil borrow C.Y. 14.00 600 211i.501 Subgrade - eparation F.Y. 1.70 4") 2212.501 Aggregate base, ('1. 5 (100% crushed) T. 9.101 150 2212.501 Aggregate base il. 5 (100% crushed) for driveway T. 9.10 50 2221.501 Aggregate shouldering Cl. 5 (100% crushed) T. 9.10 a,350 2231.5L1 Bitue. patching mixture T. 55.00 ISO 48 2,640.00 Page 2. 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rai. Overlay Payment No: 2 Orono, Mn. MSAP 152-101-07, 152-102-08 File No: 13922 Contractor: Wm. Mueller 6 Sons, Inc. - Date: D,�c. 1 1985 STATEMENT OF WORK Unit Est'd Quantity Amount Item No. Contract Item Unit Price Quantity io Date To Date PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 - CONT'D 2231.507 Joint 6 crack filler Lbs. $0.90 1,300 0231.601 Roadglass reinforcement (Design SP-1) S.F. 1.70 3,700 2331.504 Bitum. mat'l for m'_xture T. 200.00 13 2331.504 Leveling course mixture T. 10.30 250 2341.504 Bitum. mat'l for mixture T. 200.00 155 2341.508 Binder course mixture T. 10.30 80 2341.508 Wearing course mixture T. 10.30 2,500 2357.502 Bitum. mat'l for tack coat Gals. 0.90 1,500 2501.511 12" CMP pipe culvert (14 gauge) L.F. 24.00 60 15 $360.00 2501.511 15" CMP pipe culvert (14 gauge) L.F. 26.00 60 2501.511 18" CMP pipe culvert (14 gauge) L.F. 28.00 60 20 560.00 2501.511 24" CMP pipe culvert 14 gauge) L.F. 30.00 60 2503.571 Install pipe culvert (Design SP-2) L.F. 18.00 180 138 2,484.00 2511.501 Random rip rap, Cl. II C.Y. 45.00 6 7 315.00 2511.515 Geotextile filter S.Y. 2.50 10 2535.501 Bituminous curb L.F. 2.00 400 2554.501 Traffic barrier Des. A-8307 L.F. 18.00 110 2575.501. Roadside seeding Ac. 250.00 3.5 Page 3. 02e3d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overiny Orono, Mn. MSAP 152-101-07, 152-•102-08 Contractor: Wm. Mueller 6 Sons, Inc. Payment No: 2 File No: 13922 Date: Dec. 3. 1985 STATEMENT OF WORK Unit Est'd Qudatity Amount Item No. Contrsct_ Item Unit Price 2afLtLtx To Date Tc Date PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 - CONT'D 2575.502 Seed, Mixture 5 Lbs. $3.00 210 2575.511 Mulch material, Type I T. 150.00 7 2575.519 Disc anchoring Ac. 150.00 3.5 2575.505 Sod with 3" topsoil S.Y. 2.80 500 0564.603 4" wide broken line, yellow paint L.F. 0.051 9,950 0564.603 4" wide solid line, white paint L.F. 0.051 19,900 0564.603 4" wide solid line, yellow paint L.F. 0.051 10,00U TOTAL PART II..... $12,160.50 TOTAL PART I - WILLOW DRIVE OVERLAY TOTAL PART II - OLD CRYSTAL BAY RD.OVERLAY TOTAL WORK COMPLETED rO DAT';....... s4z84,084.78 12,160.50 $96,245.28 0263d TO: Mayor and City Council. FROM: Mark Bernhardson, City Administrator��"?""- DATE: December 5, 1985 SUBJECT: Change Order Number 5 Attached is change order number 5 for a total of $3,622.50 which allows us the capability to provide emergency power to the lift station. While this item should have been anticipated and provided for in the specs, it was not, and therefore a necessary expenditure which would not normally come out of the contractor's - bid. RECOMMEN.)ATIO_N - It is recommended that the Council approve the change: order number 5 for $3,622.50. PROPOSED MOTION - Moved by _, secondF_.,d by _, that the Council approve change or,..I,�r number 5 for the Crystal Bay Sewer project 85-1 in t`ie anou,it 3f $3,622.50. Ayes _ , Nays 2331 W. 9.a.,.k 36 &. A..d. M.......& 4511d /fib«.. 61.2 - 636-4600 December 5, 1985 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Our File No. 13918 Crystal Bay Sanitary Sewer Impr. Dear John, RoM.r N Nuw.r. !' r luwpA ( A**,4,&. P r Rr.dlu•d A 1 rmNp P l Rn A.nl l I.,—, P f r. w. ( OP—,. P f (Jr.. R r ArrM A r. n a 1M+•..r f rr.. P f Rx hod M or,. P 1. RoAr•r (. 4lunu A( P I Han r.: . •. �. !' f lhu ld ( µ: •'— , P f Inrr A I4.urdl•.. P f H..t A H..—. P f red A f wid. P f' .H.Arf 1 Paw.*— P r Ldr.d U / aukor.. P f Ch-trf A f—ksu. l rr H P.W."k. H.rAv. .H O&W Fnclosed please find Change Order No. 5 which provides for an extension of time for the placement of the bituminous base course and for the installation of a lift station transformer. Because a bitum;nous mat could not be placed on all the streets within the project during the fall construction season, it was decided that none of the streets would be paved at this time. The bituminous base t-vurse will be placed in the spring when road base materials throughout the project have stabilized. The placement of the transformer is necessary to allow for the coilnection of the generator to the new lift station. Addendum No. 1 provided for the change in power supplied by NSP but did not provide for the transformer. The work outlined above is necessary to satisfactorily complete the project and we recommend the change order be approved. Yours very truly, BONESTROO, ROSENE, ANDCRLIK b ASSOCIATES, INC. 4 U'4 Michael C. Lynch MCL:1i 2298d CHAW'E'. ORDER DATE: November 4, 1985 PLACE: Orono, Minnesota PROJECT: Sanitary Sewer Improvements Crystal Bay FILE NO.: 13918 PROJECT N0: 13918 CONTRACTOR: A.R.I. Contracting, InC.,P.O. Box 706, Eveleth, Mn. 55734 CHANGE ORDER NO: 5 Change Order Item PANT A: Eat'd Total Unit Price Quantity Amount Extension of time for placemenL of bituminous hase course front December 15, 1985 to June 15, 1986. Fxtensioll -f 1 imte 01111 'fatal Part A - Extension in Time Only...., PART B: Nurniali and install a 3 phase 480 volt to 240 volt transformer. Connect transformer between auxilary power receptacle and manual, transfer switch. Transformer to change 240 volt generator output to 480 volt 'or pump operation. Transformer to be 45 KVA, with 2-1-1/21 tapa above and 2-1-1/2% taps below normal. Ttansformer to be Sorgel No. 45 TGH or equal with 480 volt delta to 240 volt delta with three. windings. Transformer to have weatherproof enclosure. Provide mounting brackets and mount transformer to back panel. Paint transformer and brackets to match control panel. Lift Station Transformer I.S. $3,622.50 Total hart B - ADD..... Total Part A -- EXrF.NSION IN T14E ONLY $0.00 Total Part B - ADD 3,622.50 TOTAL THIS CHANGE ORDER NO. $3,622.50 Original Contract A,,v.iunt $u91,587.65 Previous Change Orders 15,019.00 THIS CHANCE ORDER NO. 5 - ADD) 3,622.50 REVISED CONTRACT AMOUNT........ $710,229.15 Page 1 . 1?62d L.S. $3,622.50 $3,622.50 Ci1ANCE 011DI'k •- CONT' DATE: November 4, 1985 PLACE: Orono, Minneaota PROJECT: Sanitary Sever Improvements Crystal Bay FILE NO.: 13918 PROJECT NO: 13918 LONTRACTOR: A.R.I. Coutracting, Inc.,P.O. Box 706, Eveleth, Mn. 55734 CHANCE ORDER NO: 5 4Pproved by: A.R.I. Contracting, Inc. By "'• :; Recommended for Approval by: BONEST ROO, ROSENE, ANDERLIK 6 J'S'OCI TES, INC. Apprn-ed by: City of 0-ono, Minnesota By , Ma'.'"r By , Clark uate: I)!at[ibution: 1 - City Y - Contractor 1 - Engineer PaKe 2. 17 621 d rr TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator, v DATE: December 3, 1985 SUBJKCT: Cable T.V. Rate Increase Attached please find the memo informing r-He various cities of the rate increases that are presently effective. It is the opi!iion from the Cable TV Commission that this is acceptable, as outlined in Mary Smith's memo it is within the provisions of the franchise on Basic service and that Promimum services were deregulated by the 1984 Federal Cable TV Act. Apparently no further action on our part is needed or appropriate. PROPOSED MOTION - Moved by , seconded by , that the City Council of Orono accept the in[ormation as transmitted. Ayes Nays Dow -Sat of Minnesota, Inc. 2381 Wilshire Mound, MN 55364 16 16121 472.6394 November 15, 1985 Mr. Jim Olds, Chairmal Lake Minnetonka Cable Comr ,ion 100 Lake Street P. 0. Box 326 Excelsior, Minnesota 55331 Dear Mr. Olds: This letter is to advise you that as authorized by the Cable Communications Policy Act of 1984, Dow -Sat is increasing its cable service rates effective Decembe- 1, 1985. The Basic I Service will be increased by 5% - from $7.00 to $7.35 per month. The Basic II Service will be increased by $1.00 - From $4.00 to $5.00 per month making Expanded Basic St:rvice (channels 2-34) $12.35 per month. Basic I is a regulated rate. 5% is the amount permitted under the Act. Rates will also be increased on they unregulated ancillary services: Remote Control Service - from $2.00 to $3.50 and additional outlets from $3.00 to $3.25 per month. These unilateral rate increases are authorized by law and are permitted at this time under our franchise agreement with the Lake Minnetonka Cable Comuunications Ccnmission. The Premium Channel Services will remain the same price at $9.95 per service per month. OTHER CHANGES - In an effort to be responsive to subscriber requests, we either have nade or are making changes in programming, volume pricing, and our billing system. PROD RA101I NC 1. The new "Arts and Entertainment Network" was added in response to requests for prograL,'A ng on the performing arts - channel 31. 2. VH-1, Video Hits One, was added in response to requests for an alterna- tive music video to MTV - channel25. t 3. Spectrum Sports was added in response to requests for th ns and North Stars; however, our supplier, Spectrum, discontinue its operation October 6, 1985. 4. CINEMAX is our newest Premium Channel Service which was added this month. It is currently available on channel 42. 'Phis new service will be promoted through a direct mailing to all homes passed by cable. VOLUME. DISCOUNTS In response to this item we have "packaged" services to offer discounts with savings ranging from $3.25 to $10.40 per month. Iliese "packages" will be telemarketed to subscribers in connection with our CINEMAX promotion. BILLING SYSTEM The current coupon billing system Is being replaced by monthly billing statements. The transi►.ion will take place over the ner.t two months. Subscribers are being asked to continue to use their coupons until they receive their first monthly statement. The rate increase will bring our charge for service more in line with those of neighboring cable systems as well as help us meet the rising costs imposed by program and electronic suppliers. I am informing you of this rate change in advance of public notice. A letter will be mailed out to all of our Lake Minnetonka subscrioers within the next 5 days. If you have any questions please do not hesitate to contact me. Yours very truly, A Mary A. Smith Regional Manager MAS:cj cc: Holly Hansen Mr. Thomas D. Creighton Commission Members City Managers of: Deephaven Excelsior Greenwood Minnetonka Bea(It Minnetrista 0rono Shorewood Spring Park Tonka Bay. Victoria Woodland Long Lake Med i na St:. Bunifacius TO: Mayor and City Council ING FROM: Mark Bernhardson, City Admini-tratori'<< DATE: December 3, 1983 SUBJECT: Cable T.V. Public Access At the invitation of flol ly Hanson the le Commission's Coordinator, various City Managers and Administrators from the Cities that constitute t;:e Cable Commission met on Wednesday, December 4, 1984, to discuss the actions that could be undertaken.. by the individual Cities to increase the amount of public access within their communities. Paramount Among those included, but is not limited to, televising of public meetings and particular City Council meetings together with having various departments put on programs such as Polic and Fire Departments. At this time we are exploring the alternatives and will bring back any recommendations to you in the first quarter of next year. PROPOSED MOTION - "loved by _ , seconded , that the Council accept the information as transmitted to Council without further action. Ayes Nays 1 TO: "ayor and City Council � PFOM. ark Bernhardson, City Admini.strator(�� DATE: December 3, 1985 SUBJECT: Highwood Access Vacation - Resolution Attached please find the resolution proposed for adoption regarding limitation of Highwood access to motorized vehicles. Additionally we have requested the Police Department to research the files for the last five years to determine the level of complaints from the area. While the police have on numerous occasions responded to incidents in the neighborhood that some- what reflect the aggrevation Mr. Halverson experiences with the access, we were unable to find in our manual records, information specific to noise complaints regarding motor vehicles on the access. The police department does indicate however, they discussed the noise issue with Mr. Halverson on Fast occasions and coupl ing this with other neighbor's concerns we feel merit the limitations suggested. RECOMMENDATION - That the resolution be adopted as proposed given the fact that this has been an ongoing public safety problem. PROPOSED MOTION - Moved by , sec-onded by , that the City Council adopt Resolution t rimiting the access of motorized on the Highwood access between Lots 23 and 24, Highwood make Minnetonka. Ayes J, Nays Citx7 of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION REGULATING THE USE OF HIGHWOOD PUBLIC ALLEY WHEREAS, the City of Orono has legal title to an alley which currently provides motoriz,^d vehicular access to West Arm Say on Lake ,Minnetonka between 4156 and 4175 Eiighwood Road, and WHEREAS, the use of the alley by motorized vehicles has become a nuisance to the residents on both sides of the alley. `iOW THEREFORE BE IT RESOLVED: 1. That the se of the alley by motorized vehicles shall be terminated excepting City maintenance vehicles. 2. Staff is directed to mark the boundaries of the alley, to post the necessary signs to notify the public of these rec;ulations, and to close the alley to motorized vehicles excepting City maintenance vehicles. 3. no way is the City abandoning its interest in the access by th action and the City reserves the right to remove any .-rictions at any time in the future. Adopted by the City Council of the City of Orono at a reg filar Counc: 1 meeting on Decembc 9, 1985. ATTEST: Mary._. Butler, ➢prothy M. ' ha lin, City��er 14 .* TO: Mayor and City Council FROM: Mark Bernhardson, City Administratorh\'�� DATE: December 5, 1985 SUBJECT: Suburban Hennepin County Park Reserve District Presentation - Noerenberg Park Preview A representative: from irban Hennepin County Parks will be present to make a short slide and sound presentation to the Council regarding the makeup and budget of the Park Reserve District since the legislative change which exempted iiinneapolis. This presentation at this point is of an informative nature only. Additionally the representative will briefly recap proposed "highlights" that they have intended in the design for the new Noerenberg Park. This is not a formal consideration or presentation but only of an informative nature. The Reserve District is presently making far -^al application for the needed nd use variances and conditional use permits and these will be Drought to the Planning Commission for formal consideration at their January 21st meeting togethe-r with a presentation to the Park Commission in early January. It is anticipated that i- Planning Commission doeF make a decision on these laid use applications that they will be presented to the Council for formal consideration on February 10, 1986. It is during this formal consideration that the neighborhood will receive the appropriate notification so that they may comment on their feelings regarding the change in the Park. PROPOSED MOTION - MoveJ by , seconded by , that the Council accept the informat4on for informational purposes at this time only. Aves -, Nays 1 I . i ioG TO: Mayor and C icy Council FROM: Mark Bernhardson, City Administratoi►� v DATE: December 2, 1985 SUBJECT: Ulrich Property, 1535 Bohn's Point Road Jeanne Mabusth and Tom Jacobs met with the project manager and contractor for the subject property on Wednesday, November 27th. At that meeting they discussed their intended landscape plans and conditional use permit. In addition to outlining the permit fees and work that needs to be done prior to the next consideration by the Planning Commission on this matter, it was indicated to these individuals that should any further landscaping work be done which has not been expres:.ly approved by the staff in advance of the work being done will result in a citation to the parties involved. HEIGHT OF BUILDING - Having reviewed the applicable ordinances together with tt�e site it is our opinion that the height of the building as constructed is legal and under our :odes had the house had a different design that conformed to the original contours they could have -�sulted in a structure that was 4 to 6 feet higher than the one oeing constructed. The facts of the situation as it relates to this house are as follows: Basement - Constructed at 933. total 12 foot height. - GradP and_Original_Building_Enveloee - Presently investigating the amount of fill that was possibly done on the site prior to issuance of the origin-1 foundation permits back in July of 1985. Based on ie estimates this filling would have possibly raised the site a maximum of 2 feet. Althouyil not possessing original contours for the site .,, are aware that the site originally had a ridge that ran through part of it, and in fact, the original topography in one area where the house is going in was at least 6 feet above what wi l l be the finished grade for the house. On the other hand there was extensive moving of soils from one area to fill-in in the other area to flatten out the site. Within the purview of the code this is cinsidered normal and usual grading of the site under the exception allowed in section 10.03 subdivision 21. This site modification is within the bounds of site modifications done in several other areas including: 1145 Wyndmere Road - Jackson 1165 Wyndmere Road - Hong 1180 Wyndmere Road - Kim 3229 Casco Circle B - Swanson Height-of_Buildin� - Both our zoning code and the Uniform building Code address determination of building height. Our ordinance in all the residential Lone-, allows for 2 1/2 stories or 30 feet. The height of the structure is determined by measuring the mean (or average height as defined in the Building Code,) of the highest_gable, which in standard practice is the d s ance half way between the eaves and the peak of the roof. (See attachment) Within that definition this building does conform to the height Limitation within the definition as stated and applied in Orono. The appropriate measurement for height of building under the zoning code is 5 feet out from the foundation of the highest point to the highest gable on a hip roof on the front yard side of a structure. Under our definitions lakeshore lots do not have a front yard and in this case since the front yard is normally the street side in non- lakeshore lots we would use the street side in this case. From the finish grade to the top peak of the structure at the highest gable, however, the height in total will be 38 feet. As a side note the height of this building is in concert with the heights found in other developments including the development at the Pink Palace, the development south of 15 on 19, and the Stielow Addition (Oxford Road). NEIGHBOR'S VIEW_ - Whi 1^ the Sweatts, as non-lakeshore owners, will lose a portion of their view by this construct -ion they will gain a portion upon removal of the existing structure on the site. The new structure does sit back substantially from the average setback and does not impact the lake view of abutting lakeshore owners. The problem with ground height as grade, together mean distance ra :peen reviewing o in conjunction wi maxir 'I height, case and if draw in Orono to significantly our current ordinances is that they addressed being that from finished grade, not original with having the maximum height measured as the ther than total distance to the top. Staff has ther ways of handling extensive site alteration th buildings together with ways of dealing with however, they would not be .applicable in this n too tightly would require everyone who builds come in for a conditional use permit if it limits site grading. Should you have further comments or questions, please feel free to contact us. Cc: Mr. and Mrs. Sweatt PROPOSED MOTION - Moved by , seconded by , that the City Council accept the information from staff regarding the Ulrich property. Ayes __, Nays ,.t's 30' fINduo c i4A oc Nat TO lr-ALk a- E r oiKP� - �� •r , FROM: Marl, Bernhardson, City Administrator,. DATA:: December 5, 1985 SUBJECT: Liquor Store Operations/Strategic Busines,3 Plan 1986 Attached please find business strategy plan that has been developed by Lorraine McGowan, Tom Kuehn and myself as a means to improve the current liquor store operation. As you may be aware Lorraine engaged the services of Lynn Griffith with Minnesota Municipal Ligjor Association to suggest changes last year to improve business. One of the changes suggested was to offer discounts on selected items as a means to attract business and it was indicated to Lorraine at the time that it would take approximately a year for this to actually be reflected in an upturn in sales. This was commenced back in April and it will sti11 be another 3 to 4 months before we expect to see significant results frcm this move. The two most significant items that we will be undertaking in this strategy plan is a significant rf,-suction in personal service costs so that over the next 2 years we will be able to get those costs to an acceptable percentage of sales for our size of operation. The second is that we will be specifically attempting to reduce the inventory size in order to free up money for investment income. Lorraine McGowan is presently working with current employees to arrange these reductions through projection of hours and other means appropriate to reduce overall personnel costs. Yet at the same time work to provide the appropriate customer service that is needed in order for the boutique wines style of operation to be effective. Should we sustain a loss this year and are unable to show a profit next year the City will be required to put the question of whether we should continue in the municipal liquor business off sale to a vote. it would be my recc ^rr-ndat ion that if we are not able to show a profit in 1986 'iat Council liquidate the operation and save the cost and expen:ie of a public vote. RECOMMENDATION - It is L-ecommende:l that the City of Orono cunt:nee its liquor operation for the year 1986 taking the appropriate actions in an attempt to turn it around and that shouli tht_ ipci.—tion in 1986 show not only increased sales of at least 10% but a net profit with investment income of $10,000 that the City then make a conscious decision to 1iet out of the business and that we look first to see if the current employees are interested in taking over the operation and absent that look to liquidate it in some other manner. Should you have any ether questions or comments, please feel free to contact me. PROPOSED MOTION - Moved by seconded by that the Council take un6er advisement the inf-ormation given by ,taff and that the item be ulaced on the agenda for Januery 11, 1986, discussion. Ayes __, Nays cc: Tom Kuehn and Lorraine McGowan CITY OF ORONO LIQUOR OPERATIONS BUSINESS STRATEGY PLAN I. OBJECTIVES FOR BUSINESS A. PRODUCTS 1. Major - The retail sales of intoxicating liquor including beer, wine and distilled spirits. Together with low alcohol and no alcohol beverages. 2. Accessory - The retail sales of related products to the liquor dispensary business, including soft drinks, serving utensils, mixes and other assorted accessories. B. REASONS FOR BEING IN THE BUSINESS 1. More rigid control to insure conformance with the various sales limitations of state law. 2. Promote low alcohol and no alcohol beverage, wines and beer together with limiting the availability of alcoholic products distribution points within the City of Orono. 3. That any profits generated from such an enterprise be used "for the general good",/prinripally used as an offset of the general property tax, particularly for associated enforcement and related rehibilitation. 4. Receive a reasonable return on the City's investment. 5. Provide for retail convenience particularly for summer residents and tourists in the area together with providing additional "service" in the Navarre business community to enhance its viability as a shopping area. II. SIGNIFICANT CHANGES IN THE PAST A. BRIEF HISTORY OF THE OPERATION The City of Orono decided to go into the retail off - sale liquor business in 1963. In 1965 the tornado that struck the Navarre area, destroyed the liquor store and the location was chanijed to its present location in 1 B. 1965. In 1979 charge account: (VISA - MasterCard) was added which presently represents about 6% of sales. The largest sales dollar volume for the operation was in 1981 when it reached $473,000 the sales of which also are reached the highest profit of $47,800 or approximately 10% of sales. This was the same year the beer sales arrangement was altered. SIGNIFICANT MARKET CHANGES SINCE INCEPTION Since 1975, the liquor industry has undergone the following changes: 1. A dropping of requirement that distribution be through exclusive wholesalers. This has resulted. in a significant reduction in the number of wholesalers and somewhat of an increase in "price competition." 2. A general economic downtrun in the economy in both the mid -seventies and again in the early 80's (85 and 83). This has been reflected in sales. 3. A change in the consumption habits of the public with many people reducing individual consumption because: a) Increased eduction in prevention and recovery b) Stricter drunk driving la-s c) The high consumption aye group, 19-25, is becoming considerably smaller (the baby boom rs are now entering their early to mid-30's) In additon to the liquor industry changes the local market which in 1963 consisted primarily of the following municipal stores. Mound Tonka Bay (maybe out of business within yeas) WayZa','.a Excelsior (went private 5 years ago) Long Lake (went private 8-10 years ago) since 1963 the following have been additions to the competition: Bottle Basket (1967) Green House/Spring Park Marina Liquor/Spring Country Grocery (1985) (1983) Park (next to Town 6 Additionally to the extent that the Orono Liquor Store is a convenience store and a number of the people living in the neighborhood are commuters to downtown Minneapolis, there is also competition with some of the more regional liquor Whc lesalers particularly Haskells and MGM on Ni 1, way 12 together with MGM on Highway 7. III. SIGNIFICANT CHANGES/EVENTS/NEXT-FIVE YEARS A. CHANGES IN MARKET/PRODUCT 1. txternal - The following represent the most significant anticipated changes in the next five years. a) Market - A continued moderation of per capita consumption - Increase in the legal drinking age from 19 to 21 (although it is not anticipated that this would have a significant impact on the Navarre business as it represents less than 10% of the store's business.) h) Comp -titian - Increac,ed price and marketing competition on the retail level may include: - Sale of wine in grocery stores in the next few years placing 33% of the sales in the Orono store in a more competitive environment. - Should wine in grocery stores become a reality it is expected that additionally there will be legislation for one class of beer resulting in grocery stores selling strong beer and placing another 33% of our total sales again in competition with the grocery stores. - Actual advertised price competition in the media for retail stores in the next 3 years promoted primarily by grocery stores and warehouse operations - Shifting to "warehouse" style of operations for retail store to compete on a price basis. c) Other - Attempts on the legislative level by wholesa1+:rs to effectively refranchise and return to the pre- 1980 system of one distiller using one or possibly two wholesalers in the State. This failed in the 1985 legislature and its chances of passing in the 3 future have been somewhat decreased. - �,conomically, the ongoing variations we've seen in the past few years are expected to repeat the short upswings and downswings through the balance of the 80's and into the 90's. 2. Interna;l - - Competition - It is expected that the market mix in the Navarre store which currently is about 1/3 in eac-i of beer, wine and liquor will be altered based on what will happen with wine and beer in the grocery stores. Orono's store has however attempted to emphasize boutique premimum wines over the lest few years which has perhaps countered other trends in the market. As reflected in an increase in percentage of wine sales. These "boutique wines" are also items that will probably not be carried in the(- ,ery stores, should they get into the business. D. PRODUCTION CHANGES 1. _External -iA: is mentioned previously it's anticipated that the retailing of the various products currently marketed by the Orono Liquor Store could change markedly over the next years. It is expected that the number of convenience stores in the area will decrease as price competition of existing stares and or introduction in they grocery stores of other alcoholic products wi 1 1 force some of those out of business. The competition from the grocery is particularly of concern in that they generally operate on much lower margins for their products than has been traditional in the liquor store business. 2. Inte_rnal -In line with what is mentioned externally, it is expected that we will redefine the tasks and reduce hours of full-time personnel, making a consorted effort to at ract and retain part-time personnel as needed, in order to limit production expenses involved in marketing the product and keep our margins down. Primary expenditure increases have been in per3onne1 and insurance. Our personnel service costs on percentage basis of gross sales ar-t excessive and will need to be reduced to be profitable. IV. MAJOR OBJECTIVES FOR 1986-1991 4 1. Definition - The Orono Liquor Store serves principably person's who frequent the Navarre_ business area which generally ara those liviny within (five) miles of the store, (general ly with those that frequent Super Valu, Drug Store and Post off ire located adjacent) plus recreational traffic. While competition does exist in some of the outlying convenience stores and also with the larger regional stores, the most direct competition appears to be with off -sale outlets, primairly Tonka Flay Center to the south and the two, soon to be three, in Spring Park. While it would be nice, and efforts will be made to make this Liquor Store for all Orono residents through utilization of self benefit concept it is not anticipated that it is attractive enough to draw persons who are more conveniently located near Long Lake, Wayzata, or the 101/County 6 area in Plymouth. The thrust of sales then will be to promote quality over quantity in order to keep up the margins together with promoting low alcohol and no alcohol goods. 1. Promo-tion - Efforts to market the Orono Liquor Store wi 1 1 focus on a) newspaper ads, b) catalogs near the big buying season at Christman (Orono residents) c) store identification, for passby traffic and d) information to "tourist" traffic. A. FINANCIAL 1. Revenue_ - It is anticipate:_3 that sales will generally remain flat overall in the industry with perhaps a slight decline in volume over the next few years. If wine and strong beer in groc,. ry stores go in, sales wi 11 drop of f by as much as 25% for wine and 35% for both wine and beer. The overall dollar value for volunt of business may go up slightly in the next few years because of the impact of the tax that was affective the 1st of October 1985. Caitial - At present the City's only real investment in the store is the inventory ($100,000) it currently possess together with the fixtures and money that is so invested over the years which has been depreciated at the present down to a f inure approximately $5,000-5,309. 3. Return on Investment - E;ffoet will be made to get 5 the return of investment (ROI) based on market value of capital invested to equal 20%. If sold out the City )uld generate $8-10,000 on investment plus license: fees of $1,500. C. SALES Efforts will be made to train both full and part time people particularly in the wines area as that will be in the nit we will be trying to strengthen our sales, Together with education in low alcohol a.A no alcu''31 beverages. D. PRODUCTION 1. Level a) *lumbers of personnel in the store will be reduced to limit personnel service costs by closel monitor sal^s in number volume to adjust the numbf of people on duty to match the business. Ultimately reducing perzonnel costs to 13% of gross sales. b) Shift sales space, otc. to ref lect product sales and desired markets. 2. Methods a) Uti Iization of hart -time personnel and the -.,eans to attract and retain good pert -time personnel. • ,W!- reduce hours of regular employee of forts will r iade to balance scheduling to meat business dema.,..j. F GENERAL MANAGEMENT I. Organizational _�Qvel�ment a) Develop a means to give managerial personnel more direct financial and operational control of store including the performance compensation for achievement desire) financial and non -financial goals. 2. General +operation a) Maintain inventories at a minimal 1 e v e consistent with the availability of good prices and merchandise from wholesalers together ,rith appropriate display of merr.handise on the she lees. OBJECTIVES 1986 LIQUOR STORE TARGET DATES 1. Sales Training - (Retailing/Product Information) Develop Progra 3/1 Implement Program - Full Time 4/1 - Full Time Instructing Part Time 5/1 2. Co�iensat ion Define Task Responsibilities 3/1 - Balance wages/hours/demand times Implement Employee Evaluation 1/1 3. Manj9empnt C,tr.ol Develop More Timely Reporting System 4/1 4. Production u. Reduce personnel costs by $15,000 in 1986 Develop New Demand Scheduling System - Implement b. Customer Service - Develop means to upgrade 3/1 - Implement program of upgrade 4/1 c. Monitor Market Trends (Customer Taste, to Adapt to Change Ongoing - Develop Gu'-(elines ri. Set Ap,-Lopriate Inventory Tr3gets to "icil tate Turnover and Promote Selection 1/1 .,elop/Implement Store Rearrangement 12/2%A5 5. 'iark?tiny a. Develop More Formal Ads;/Promotions Program 3/ 1 - Implement - Incorporate ".as" inchs 1). Product Pricing ongoing 7 Toni' , -Ui4e profit c. Promotion uL belectea Products ongoing - Premium wines - Low alcohol products - Summertime purchasers - Wine and food - Special order 1979 1980 19d1 S11.F: Curttvrt 441,743 467,429 473,171 Dollars of Increase 5.8 1.2 CPI/fa_al 11.0 14.5 421,099 372,297 COST Or SALL; 393,268 323,306 326,')17 of Sales 69.1 69.0 1 of Increase 6.6 1.0 OPEPATING 6XPM?Z> 93,999 199,652 98,652 of Increaase 21.2 6.2 (1.2) 1 of Sales 21.2 21.4 20.9 PRtX I TS /18?C I Ntx*_ Get - 35,719 44,262 47,801 Investomit 2,681 3,267 81996 Other 83 350 371 Total -V-1 UT t of Increase 24.6 19.4 t of Sale 8.7 19.2 12.08 CAPITAL I nventr -.1 1 .. ar :. b2,789 109,345 106,408 TURN OVER _ 3.66 3.22 3.07 REm w pi iwEs IT wr/B[1X;/U Net Cott SS,259 49,384 20,313 Fixtures 1.8,906 19,8"f5 26,922 Net Fixture (1,721) (1,400) (7,628) Inventory �92,.t789 1�00t_3.4�.5 106 408 Total Investim t 159,954 168,824 I,"l 3 Retained trrning(142,769) (151,129) (134,349) Return on [4.0 28.3 37.4 Inwataent (26.9) (31.7) (42.5) Contribution 35,000 W Nil 40,090 of Cost of Sales Lir!uor 62. 60 _ 60.1 Mine am ;p. 4ii 39.9 UNIT SALE:. Liquor 29.9 27.2 Mire 26.0 25.2 Beer 45.9 47.6 Total Unit Sales 92,617 89,698 Customer C-unts 60,955 59,416 Units/rustcmer 1.52 1.51 I NVFNR )PY Uid'6u -- 77,266 94,600 99,212 Mine beer/Mix 5,523 5,746 7,197 TUMIDYM BY LINE Liqu?r 2.45 2.0`i i.96 M i ne Hear 20.83 22.b Is.) HUSINFSS TAW-IFTS 1982 1983 .37,528 444,519 (7.5) 1.6 2.6 2.1 304,898 69.7 (6.7) 106,153 7.6 24.3 26,477 5,882 601 (42) 7.5 07,410 2.79 27,241 26,388 (7,438) 199 411 (144,090) 20.2 (22.9) 443,606 S' ) . 3 43-7 26.5 26.6 46.9 77,381 54,152 1.41 102,614 6,797 1.76 16.2 314,483 79.7 3.1 112,544 6.9 25.3 17,483 3,955 665 (36) 4.6 114,454 2.74 13,945 26,388 (6,895) 11,45q 1 , (135,294) 13.7 (15.6) 30,900 59.5 49.5 ^8.S 25.6 45.9 76,443 52,668 1.42 187,828 6,627 1.73 19.2 19H4 419,509 (5.6) 4.0 393,992 299,257 71.3 (4.9) 114,887 2.1 27.4 5,365 3,479 274 lla (57) "2.2 191,260 2.95 22,887 26,488 (5,265) 1 (129,412) �.I 15,000 a.l 23.1 39.8 27. 27.a 45.6 72,587 49,568 1.46 46,019 49,245 6,003 2.41 1.40 19.6 i985 1986 1990 438,000 475,099 500,000 4.0 5.9 312,( 71. 3.2 122,11N 6.9 28. 4,M 3,000 275 (i9) 1.7 00 , 009, 3.09 i3,000 139,500 (117,000} 5.3 (6.3) IO,OM 36.0 24.9 39 ' 26.9 29.0 44.1 74, 244 (ent) 48,100(est) 1.54 71,944 54,425 7,105 340, no 71.6 10.9 '1 a00) 2,500 3" 80,000 79,M Memo 485-41 page 1 of 3 TO: Mark E. Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director Lorraine McGowan, Liquor Store Manager DATE: November 20, 1985 SUBJECT: Monthly Liquor Store Sales Reports - September and October 1985 Attached are the monthly reports for the September Z;nd October liquor store sales for 1983, 1984 and 1985. Sales for the major categories of liquor, wine, and beer are shown. Each category is divided by the number of sales to arrive at an average sale price. The total monthly sales include the mix and miscellaneous sales as well as lir,uor, beer and wine sales. The total gross sales is divided by :he total customer count for the month to show an average gross sale per customer. Gross sales for the ten months ended 10-3'.-85 are $361,855 compared to $350,588 for the same period of 1994. The increase of $11,267 is 3.26 over last year. Gross sales in 1985 have exceeded the previous year for six of the last seven months. A comparison of total gross sales by month through October is shown below for 1983, 1984 and 1985 along with the total customer count and the average sale per customer for the ten month period. TOTAL GROSS SALES Month 1.983 1984 1985 January $ 26,719 $ 27,650 S 24,684 February 23,319 26,904 23,373 March 27,873 32,626 26,500 April 33,623 31,572 32,249 May 37,315 38,565 4.3,534 June 44,153 45,001 42,879 July 54,244 43,270 50,193 August 47,427 42,807 46,451 September 38,086 31,329 35,384 October 34,895 30,864 34,603 Totals (10 months) $36T,6� 4 $350,588 $361,855 Total Customer Count 44,801 4:1,014 40,637 Average Sale Per Customer 8.21 $ 8.34 8.90 Memo 085-41 page 2 of 3 MONTHLY LIQUOR STORE. OPERATING REPORT 1983 1984 1985 SEP i KRBER Liquor Sales $14,775 $11,865 $14,880 Sales Count 1,770 1,S37 1,860 Avg Sale Price $ 8.35 $ 7.72 $ 8.00 wine Sales $ 8,865 $ 7,562 $ 8,635 Sales Count 1,632 1,317 1,688 Avg Sale Price $ 5.43 $ 5.75 $ 5.12 Beer Sales $13,23' $11,132 $10,900 Sales Count 2,713 2,363 2,353 Avg Sale Price $ 4.88 $ 4.71 $ 4.63 Total Gross Sales $38,086 $31,329 $35,384 Total Customer Count 4,467 3,655 31809 Avg Sale Per Customer $ 8.53 $ 8.58 $ 9.29 Memo 485-41 page 3 of 3 MONTHLY LIQUOR STORE OPERATING REPORT 1983 1984 1985 OCTOBER Liquor Sales $14,207 $11,859 $12,603 Sales Count 1,892 1,568 1,457 Avg Sale Price 7.51 $ 7.57 $ 8.65 Wine Sales $ 7,765 $ 8,238 $ 9,585 Sales Count 1,546 1,516 1,793 Avg Sale Price $ 5.02 $ 5.44 $ 5.35 Beer Sales $12,094 $10,196 $11,380 Sales Count 2,614 2,270 2,377 Avg Sale Price $ 4.63 $ 4.50 $ 4.79 Total Gross Sales $34,895 $30,864 $34,608 Total Customer Count 4,252 3,708 3,799 Avg Sale Per Customer $ 8.21 $ 8.33 $ 9.11 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator' DATE: December 3, 1985 SUBJECT: Lake Minnetonka Us- and Accr_ss At our last meeting it was decided to delay discussion of this tonic; until our January 13, 1986, meeting pending the publication of the Metro Council's Task Force initial report, which was to be released on December. 16, 1985. As you wi 11 note in the ati.acl A materials, however, the Metro Council Task Force has taken a different direction than originally anticipated and are currently recommending that no additional access points be established on Lake Minnetonka, should the 700 secured parking spots be provided. It is appropriate that Council discuss this issue briefly in light of this information and give staff initial direction on how to deal with the Metro Counci 1 tetween now and our meeting on .January 1Ith, particularly at the Task Force meeting on December 12th. As a side note that should t mentioned, it is our understanding that the DNR has not commenced site preparation work on the property that they did purchase on King's Point. We are not sure h(jvaver, what impact the. Task Force work will have on that project. Whiie no new accesses may limit the total numbers on the lake, securing the parking spots as they exist leaves the distribution on the lake as it is, unless the access funds are used to increase parking at the other existing accesses. RECOMMENDATION - That the Council direct staff to express its concerns at the appropriate meetings regarding Lake Minnetonka use and access between now and January 13th and that any "commitment" of spots be contingent on no new access sites on the lake. PROPOSED MOTIO;i - Moved by , seconded by .hat the staff be directed to express Council's�direction regar_ding Lake Minnetonka use and access at the appropriate meetings bet4evn now anti th:-- January 13, 1986, meeting. Ayes 'Nays Metropolitan Council 300 Metro Square Builriing .. n� Seventh and Robert Streets DEC _ Q 1985 �- `� c�,wr St. Paul, Minnesota 55101 Telephone (G 12) 291 6359 U.,i�, DATE: December 3, 1 TO: Lake Minnetonka Municipal Governments; Hennepin County Department of Transportation And Water Patrol; Department of Natural Resources; Lake Minnetonka Conservation District And Suburban Hennepin Regional Park District RE: Planning Approach to Public Boat Access and Shore Access Improvements for Lake Minnetonka (Meeting Notice) On behalf of the Metropolitan Council's Task Force on Lake Minnetonka, I want to thank those of you who submitted statements in response to our request for data. We paid particular attention to statements regaru ng your critical interests in managing the lake and land uses and what's been clone to implement the recommendations from the "Report of the Lake Minnetonka Task Force" (June 1983) . Two points stand out from your statements: 1) Municipal governments are responsible for land use planr ng within their jurisdiction. Boat access facilities impact adjacent land uses. Municipal governments want to partic pate and plan "from the outset" how public boat access is provided on Lake Minnetonka. 2) The Department of Natural Resources is authorized under Minnesota Statutes 97.48, Subdivision 15, to acquire/develop "state water access sites ... adjacent to public waters to which the pubic theretofore had no access or where the access is inadequate ...." These two points clearly demonstrate the need for an effective, joint access planning process. The "Report of the Lake Minnetonka Task Force" found that: "There is a need and a demand for additional access V.) Lake Minnetonka to serve persons who want to fish and otherwise enjoy the lake in boats and from the shorel,.ie. There is no demonstrated need for additional lake access for boats other than fishing craft and small recreation boats" (page 3 of 1983 report) ." In order to meet the access need for fishing craft and small recreation boats, the 1983 task force split the lake into 5 zones and set a goal that a total of 700 reliable car -boat trailer parking spaces be created and distributed in those zones within 1,500 feet from an access site. However, only 185 were defined as "reliable." (See Table and Map 1 attached to this letter.) Specific recommendations were made to improve existing boat access sites and a set of criteria were developed for public agencies to use in evaluating and selecting new access sites and are Found on pp 3-18 of their report. December 3, 1985 Page Two Your recent statements to this task force indicate that action has been taken or will be taken soon to implement the 1983 task force recommendations for creating more reliable car -boat trailer parking. On September 26, 1985, the Lake Minnetonka Conservation District (LMCD) reported that 235 spaces were in the "reliable" category, as defined by their parking standards (attached to this letter). Twenty-eight reliable spaces are being proposed by Minnetrista for William'sAccess. Action has also been taken to improve some shore access sites as recommended on pages 19-21 of the 1983 task force report. For example, the City of Mound is working with the Department: of Natural Resources on installing a fishing pier on Cook's Bay in Mound Park.. The Metropolitan Council Task Force on Lake Minnetonka wishes to encourage implementation of the 1983 task force recommendations in ways which are acceptable to municipal gov-nments. Cooperative efforts by municipalities, the DNR. LMCD and other go.L nmental entities is the only way the 1983 task force recommendations can be implemented. Consequently, on November 15 this task force unanimously adopted the following resolution: RESOLUTION Plannina ADoroach Instead of Council staff prelaring a discussion paper, all 14 municipal governments. -NR, LMC., and c ier agencies should be direct), involved in developing a plan that create; 700 reliable car -trailer F ,ing spaces as defined by tth- '983 Lake Mirnttonka Task Force and the Lh._D Parking Standards (At,.:hment 1). The 700 spaces should be distributed under the 5 zone approach used by the 1983 task force (see Table 1 and Mao 1 and pages 3-18 of the "Report of the Lake Minnetonka Task Force.") The plan should also include an implementation plan for shore ac:tss improvement recommendations made by the 1983 task force. The expertise and advice of ea:h entity (municipal governments, DNR, LMCD, Water Patrol, Watershed District) needs to be tapped to the greatest extent possible to develop this plan. Data from the DNR, LMCD and Sheriff's Water Patrol should be used by the municipal governments in developing the plan. Metropolitan Council staff should provide technical assistance, coordinate meetings and provide public participation support for the planning process. We expect that other options, besides land acquis;tion for off-street car - trailer parking will be considered. As stated in the 1983 task force report page 7: "To achieve the goal of 700 reliable car -trailer parking spaces, the task force further recommends that the LMCD, in concert with Lakeshore municipalit es, employ any or all of the following means as appropriate while attempting to reach this goal in the following orde► c)t preference. December 3, 1985 Page Three 1. Increasing on -site ^a-%ing at existing access sites by land acquisition where availability and funding permits. 2. Increasing on -sit Narking as new access sites are established. 3. -creasing reliable parking by acquisition of, or through written irking agreements for, off-street parking lots in the vicinity ►f public launch ramps. 4. Increasing long-term reliable on -street parking in tha vicinity of access ramps through written parking agreements." Furthermore, that government entities be encouraged to provide reliable car - trailer parking spaces in creative ways in addition to land ac- ul0 tion or highway right-of-way car -trailer parking arrangements, such as jeasing com- mercial marina space for car -trailer parking facilities. Launching fees under these alternative arrangements cannot be charged. In order to carry out this resolution and respond to your comments at the November 13 public meeting, Council staff has prepared the enclosed "Proposed Work Plan and Schedule to Implement 1983 Lake Minnetonka Task Force Recommendations on Boat Access and Shore Access." Originally we intended to produce a discussion paper and hold public hearings onn that paper. This proposed work plan replaces that step in our process. Please review the proposed work plan carefully. We've scheduled the following meetings and request your attendance to discuss the work plan, answer your questions and modify the work plan and schedule if necessary. Please call Arne Stefferud (291-6360) if you cannot attend any of these meetings. MEETING SCHEDULE Please attend another one of these meetings if you can't attend the one scheduled for you. Date 12/10/85 Time Place 3:30 p.m. Mound City Hall Council Chambers 5341 Maywood Road Mound, MN Invitees: Shorewood, Mound, Victoria, Minnetrista, Spring Park 12/11/85 3:30 p.m. LMCD Offices, Wayzata Depot 402 East Lake Street Wayzata, MN Invitees: Hennepin County Public Works, Hennepin County Water Patrol, LMCD Staff, Suburban Hennepin Regional Park District, Minnehaha Creek Watershed District and DNR December 3. 1985 12/11/85 7:30 p.m. Invitees: LMCD Board Page Four LMCD 'ices, Wayzata Depot 402 East Lake Street Wayzata, MN 12/12/85 3:30 p.m. Tonka Bay City Hall 4901 Manitou Road Tonka Bay, MN Invitees: Tonka Bay, Excelsior, Greenwood, Deephaven, Orono and Minnetonka Beach 12/17/85 2:30 p.m. Wayzata City Hall Council Chambers 600 Rice Street Wayzata, MN Invitees: Woodland. Wayzata, Minnetonka Once again, I want to thank you for your recent statements. This planning a )roach we've developed responds to those statements. r, -"ratively planning what can actually be implemented from the 1983 t.- ce recommendations, we hope to serve the pub'i,- interest. Sincerely, Patrick Chair Metropo. icil Task Force on Lake h Aa cc: Se .sfor , Olson Representative John Burger Sentator !im Ramstad Representa ve Cram Shaver Metropol t,( Council's Task Force on Lake Minnetonka Members AS0133-CHADMI TABLE 1 DISTRIBUTION OF CAR -TRAILER PARKING :,r,CES AT PUBLIC ACCESS SITES BY ZONE T :SK FORCE GOAL FOR RELIABLE" ACRES PARKING IN OF VICINITY• OF ZONE WATER A :CESS S I TES 1 2,780 139 2 2,880 144 3 3,100 155 4 2,520 126 5 2,720 136 14, C00 70L EXISTING PARKING SPACES IOENTIFIEL IN YICIN:TY" OF ACCESS SITES ------------------------------------- RELIABLE** UNRELIABLE*" TOTAL 60 109 .69 46 363 409 0 80 80 79 216 295 0 219 V 9 185 987 1,172 * In Vicinity means within 1.500 feet from the access site. ** Reliable car -trailer parking space is one that is publscl owned or guaranteed by long term written agreement. Source: See item 20 of Bibliography IF TABLE 2 : DISTRIBUTION OF CAR -TRAILER PARKING BY :ONE GN-SITE VS. OFF -SITE "'ONE ON -SITE OFF -SITE 1 36: 64: 2 11: 89: 3 0: 100% 4 6: 94: 5 0: 100: 11: 89: Source: gee item 20 of 3i51i,grapny TABLE 3 : O ISTR IBUT I: '' OF CAR -TRAILER PARKING 3Y ZONE ON-S,.7E-cT VS. Crr-STREET :ONEE ON -STREET 1 64: 2 89: 3 C: 4 32: 5 IOC: 0 � f OFF-S-7R:E 36: 11. 100. 68: ^: 33. • "•' off-street park:nq includes 5oth on -site ano other parking lots within 1,:Gv fee: fr:,T launch rimCs. Sc. .rct: Set item 20 of 944bliogravhy Pe Port of the Lake "jnn*tonks T--d R___ ! �_.__ •�Aft1 EXISTING PUF,,._.9G AGESS TES AND COMMERCIAL A MAP 1 ZONE 1 N 0 ? Wins wf r.ww tea. r ww+w�rrn.�w MARINAS MNL Z - I*i Pubiic Accf.!�: Sit(-S Public Acce. .sites that should ir*► wovcd ZONE 4 71 Public .,+;cess `�,'es witl mast on -.;ale parking Key ® t -,,Honer( 11 Marinas 'Commercial Mari+:as wit facilities LAKE MINNETONKA CONSERVATION DISTRICT ATTACHMENT 1 PARKING STANDARDS LAKE MINNETONKA PUBLIC ACCESSES The Lake Minnetonka Task Force agreed to a gr . of 700 long-term reliable spaces for car -trailer parking i.n the vicinit; of present and future access sites at Lake �,.., ttonka. The Task Farce further recommended that the Lake Minnetonka Conservation District establish an acceptable set of standards for identifying and counting of these spaces and mo:ttor progress toward the goal on a continuing basis. The foll-3wing set of standards has been adopted by the LMCD and the Minne- sota Departc.ant of Natural Resources fQr application to Lake Minnetonka: 1. All spaces must be within 1,500 feet of a public cccess point. 2. All off -site locations should be provided with a :ong-term agreemeuc. five year 'nimum, on fil•R w11.0 -he LMCD. 3. The locati : of off -site s.- cgs, either off-street or o-- ►treet. mist be identifi-. t by clear, per._tiir.ent-type signage at the accK s,r 4. All off-street spaces must be layed out on a plan on file the .s...� :he plan shall clearly indicate each car -trailer space and adequate ia- 3 ►, egress and "aneuvering space. A.. spaces must :-e avaiW le on an unrestricted, first -come -first -served basis, as a mi, .mum f, 0 5 p.m. on Friday until midnight Sunday, and on holidays, from April 13 to Octcbe: 15. 6. All on -street spare should meet the following additional standards: 6 1 Minimum lengt. of 50 fet. per space. 6.2 Adequate shoul-Jer width tj preclude door opa- 5 into a traffic lane and to provide a safe i•ute to the access pr+nt. 6.3 Regularly -sr- +. permanent signage stating "transient car -trailer parking only." 6-25-85 PROPOSED WORK :'LAN AND SCHEDULE TO IMPLEMENT 1983 LAKE . INETONKA TASK FORCE RECOMMENDATIONS ON BOAT ACCESS AND SHORE ACCESS Dec Aber 2, 1985 INTRODUCTION On November 25, 1985, the Metropolitan Counc;l's Task Force on Lake Minnetonka unanimously approved the following resolution: RESOI UTION Plann'na AoDroach Instead of Council staff preparing a discussion gaper, all 14 municipal governments, DNR, LMCD and other agencies should be directly involved in developing a Flan that creates 700 re'iable car -trailer parking spaces as defined by the 1983 Lake Minnetonka Task Force and the LMCD Parking Standards (Attachment 1). The 700 spaces should be distributed under the 5 tone approach !d by the 1983 task f ce (see Table 1 and Map 1 attached, and pages 3-18 of the "Report of the lake Minnetonka Tatk Force.") The plan should also include an implementation plan for shore access improvement recommendations made by the 1983 task force. The expertise and advice of each entity (municipal governments, U;IR, LMCD, Water Patrol, Watershed District) needs to be tapped to the greatest extent po « ;hle to develop this plan. Data from the DNR, LMCD and Sht f's Water Patrol should be used by the municipal guvern►- is in developing the plan. Metropolitan Council staff should provide technical assistance, coordinate meetings and provide public participation support for the planning process. We expect that other options, bi•siJes land acquisition for off-street car - trailer parki will be considered. As starea in the 1983 task 'orce report p,-,e 7 "To achieve the goal of 700 re' car-:-?;ler parking spaces. the task force further recommends r he LMCD, in concert with lakeshore municipalitie;, errr.)loy any or ar- of the following means as appropriate while attempting to reach this goal in the following order of preference. - L - 1. Increasing on -site parking at existing access sites by land acquisition where land availability and funding permits. 2. Increasing on -site parking as new access sites are established. 3. Increasing reliable parking by acquisition of, or through written parking agreements for, off-street parking lots in the vicinity of public launch ramps. 4. Increasing long-term reliable on -street parking in the vicinity of access ramps through written parking agreements." Furthermore, that government entif.,s be encouraged to provide reliable car - trailer parking spaces in creative ways in addition to land acquisition or highway right-of-way car -trailer parking arrangements, such as leasing com- mercial marina space for car -trailer parking fac;lities. Launching fees under these alternative arrangements cannot be charged. Council staff was directed to develop a proposed work plan and schedule that would be used to implement this resole .on. Staff was also directed to schedule meetings with appropriate government entities to discus this work plan and revise it as necessary. A meeting schedule has been prepared and is part of the cover letter enclosed with this document. Please review this document carefully. We wan: to make sure you understand what is expected of your government entity and that we can meet the deadlines in the schedule. PROPOSED WORK PLAN AND SCHEDULE December 1985 and January 1986 As a planning and coordinating body, the Metropoli.ar, Council will perform it! historical role by coordinating the preparation of th!s plan. We suggest that staff from mun;cipal governments and lake managing agencies form a work group to develop the plan coordinated by Council staff. These staff people >-,ould act as liaisons for their respective poiicy-making bodies. We encourage the utili;cation of staff in order to provide more tima/effort into the planning process. Municipal governments and lake managing agencies should have the freedom ic, delegate an elected official or citiarn representative instead of staff, when necessary. Plan contents should include the following items: 1. Analysis of alternatives considered to meet the goal of 700 reliable car- r.raiier p making spaces. 2. Recomr i alternatives and locations for the 700 reliable car trailer parki .-es as defined by the 1983 Lake M, netonka Task Force. Rec.om,, tions should be ranked in b time ser.uence order. _3- 3. Cost estimates for creating the 700 spaces. 4. If new access sites are recommended, development concept plans and opera ion/maintenance plans should be included. These plans should also include cost estimates for acquisition/development and annual operations/maintenance expenditure estimates. 5. If new access sites are recommended, an analysis of car -boat trailer traffic impact on access street(s) to the site should be included. Recommendations for needed street improvements, if warranted by traffic analysis, and cost esc;mates for the improvement should be included. 6. Development concept plans and cost estimates `or improving existing boat access sites as recommended by rht 1983 task force. Projects should be ranked in a time sequence order. 7. Development concept plans and cost estimates for improving shore access facilities as recommended by 1983 task force. Projects should be ranked in time sequence order. Febr,jary 1986 By January 31, 1986 copies of the draft plan will be printed by the Metropolitan Council and distributed (along with a hearing notice) to libraries, and interested individuals. Copies will also be available at municipal government offices, the DNR and LMCD offices. Four hearings should be conducted, and held on February 24-28. The Metropolitan council Ta Fore on Lake Minnetonka should conduct the hearings. March 1986 Recommended revisions as needed should be made to the draft plan in work sessions by staf` from municipal government, DNR, LMCD and other agencies. Work sessions would be lead by Metro Council staff. A final report should be submitted to the Metropolitan Council Task Force on Lake Minnetonka by March 14, 1986. The task fort- should review/approve the plan for con3istency with 'he 1983 task force recommendations by March 20, 1986 and submit its approved plan to the Aetropoli'an Council. If its judgment warrants, the Council's task force: may make additional recommendations as it sees fit and may extend the schedule as necessary before submitting its report to the Metropolitan Counci lne Metropolitan Council shoulc. review/approve the plan on March 27 end submit it to the Executive Council by Mar- h' 31, 1986. )134-CHADMI rI !� TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato #1 DATE: December 3, 1985 SUBJECT: Minnehaha Creek Watershed/Lake Minnetonka Lake Level Policy Attached please find the Request for Comments Notice from the Minnehaha Creek Watershed District as it relates to their Lake Minnetonka lake level control policy. The policy that was implemented 3 years ago is proposed for renewal in before the Department of Natrual Resources prior to 1 April 1986. It is my present understanding that the policy in and of itself has not been an issue for the City of Orono, however, there has been some concern expressed in the past as it relates to the speed with which the policy has been implemented, given the fact that there is a feeling that there has been a shift of power between the upper lake and the lower part of the watershed. Shou19 you have any further questions or comments, we'd be happy to forward these prior to the December 24, 1985, due date to the Minnehaha Creek Watershed District. PROPOSE:U MOTION - Moved by , seconded by r, that staff transmit to the tinnehaha Creek Watershed District the Council's concerns and recommendations as it relates to their existing lake level control policy in preparation for its renewal. Ayes Nays _ 1 111111VIVEHAHA CREEK WATERSHED DISTRICT P.Q. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. CUlbrarl, Pres . Albert L Lehman . John E Thomas Camille D Andre . James B. McWethy . James R Spensley • Richard R Miller M F, M 0 R A N D U M t �Fi "1 °or �,—,_. LAU MINKTOOKA r NOV 2 7 i u � � :,_c��� y of �►��r�o r TO: All Municipalities Witi.in the Minneh-ha Creek Watershed District FROM: Board of Managers RF.: Request for Renewal of. Existinq Management Policy and Operatinq Procedures for Cray's Bay Dam Headwaters Control Structure DATE: November 26, 1985 Under Section I11.2 of the "Headwaters Control Structure Management Policy and Operating Procedures' for the period March 1, 1983-March 1, 1986, the Board of Managers is hereby notifying each municipality within the watershed that the Board intends to request the Minnesota Department of Natural Resources to renew the existing management policy for the Grav's Bay Dam without modification for the three-year period commencing March 1, 1986. 3oard desires to receive comments from any municipality which � es to comment or suggest modifications in the present managemer_ policy. Comments should be received piior to Decemher 24, 1985. :'he request to the Department of Natural Resources for renewal will be glade on December 30, 1985. If you wish further information, please contact the District engineer, F. A. Hickok & Associates, 545 Indian Mound, Wayzata, Minnesota 55391 - Tel. 473-4224, or the District's attorney, Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., 4344 IDS Center, Minne� olis, Minnesota 55402 - Tel. 333-4800. A copy of the present management policy is attached to this memorandum. Attachment .VIINNEHAHA CREEK WATERSHED DISTRICT ;oil tau ■100TOU41 P.O. Bo: 387, Wayzata, Minnesota 55392 WAN"t Of U00"”: 4nA '+ CsMs�. ,"� • MNr, L tv&w. . l.b� E Tier..* a G dmoodr. • 11:•a.a a Ca+ntt HEADWATLHS CONTHUL 6THUCTUHL MANAGEMENT POLICY AND OPERA`1'1 NG PROCEDURLS MARCH 1.L- 1983 _ _MARCH _� 1986 _ _ INTRODUCTION The Headwaters Cor.`rol Structure at Ura.y's bay is the outlet of Lake Minnetonka to N; inehahe Creek. It is an adjustable structure that controls Lake Minnetonka levels and discharge to Minnehaha Creek. The structure: was constructed by the Minnehaha Creek Watershed District in 1979• Lake levels and discharge have been controlled at this location since 1897 when a fixed crest structure was constructed to maintain as nearly as practicable tLe lake level at a height of 928.t35 NGVD, 1929 datum. This structure was a wooden weir wtilch was subsequently repaired in 1932 and again in 1944. Survey data of record in the 1960's and 1970's show t."ie actual cres„ elevation of the repaired weir varied in height alo%�, Its length. This uneven crest elevation was apparently aue to ice pressures and/or frost heaving. The survey data also show the lowest point on the weir crest was at at. :rc 'slate elevation of 9 8.6 NGVD, 1929 datum. In 1979, when the Headwaters Control -structure became operational, the fired wooden weir was also reconstructed. Tr,e new weir to constructed of galvanized steel sheet pilir'ia material, at the same location, with an even crest at elevation 93C.0 NGVU, 1929 datum. As a result of a 1975 joint petition front the Minnehaha Creek Watershed District and the Lake Minnet .., (conservation District, the Minnesota Department of Natural Rebour ;es (DNR) conducted an Ordinary High Water investigation of Lake Minnetonka. After conducting neressery field work and analyzing pt;ysical and historical data and records, the DNH issued its report in January, 1976. After holding public meetings the Commissioner of Natural Resources concluded tl,-- Ordinary High Water level on Lake Minnetonka is at elev, on 929.4 NgVD, 1929 datu.n. 1 of' 1 1 ( SEC' 10N 1 _ MAt2AGE:MLN`1' PULICY It is the policy of tree Ulstrlct to operate the headwaters Control Structure to reduce flooding both on Minnehaha Creek and Lake Minnetonka. This is accomplished by controlling the discharge from Lake Minnetonka to Minnehaha Creek after ice -out (approximately April 15) until approxini-tC,y mid -June. As a result, wfiter is temporarily stored on the lake. After approximately rind -June: water stored on Lake Minnetonka is released, to the greatest extent possitle, at a controlled uni"orm rate during the bummer and Tall. Such controlled discharges continue until adequate storage capacity is provided on the laze for a normal spring snowmelt. After the open water season discharges to the creek are prevented, whenever possible, to reduce ice con trictions in the creek ci,annel. SECTION II. MANAGEMENT GOALS Numerous considerations must be taken into account when discharging water through the headwaters Control Structure. Trie Board of Managers realize that sound judgement based upon operational experience is an essential part of the operating plan to insur,2 intelligent use of the water available to Lake Minnetr nka and Minnehaha Creek. It is therci'ore the intent of tt.e Board of Managers to use discretion when operating the structure. i1ie Management Goals are : 1. To reduce downstream floodin- I controlling the discharge to Minnehaha Creek to a rate not exceeding, the maximum carrying capacity of the creek whenever the L.-%Ae— Mlnnetonka water level, is within the physical limits o: contr-)l . ?. To reduce flooding on the lake by stabilizing, lake levels between the elevation of the low point on the previous faxed weir and the Ordinary High Water level (U11w). 3. To reduce flooding, on the lake and downstream, by temporarily increasing discharge rates to accommodate preilctable and large volumes of runoYT into Lake Minnetonka prlur to the time such runuff occurs. 4. To provide discharges, during and/or 1'ollowl116 dry perle,dm, comparable to discharges that occurred historically under .imi lar lake level conditions such that the d• trimental ePiacta of creek flow stagnation are not ai,gravated as a result L.f operating procedures. 5. 1e -entrance recreation, wildlife and aquatic .ii e Sur-vival, ana aesthetics, when feasible and cons' ,tent witn the Management Policy, by augmentation of creek flew ttiond the time discharges Irom Lake Minnetonka have histories' ly ceased. l 2 of' 11 b. To impruve oc, maintain conulS 1; lake anci the creek, over those which existed 1,rio, truction of the Headwaters Control Structure. SECTION III. UPEHATING IJIWC!_:UUHE: The Headwaters Control Structure Is operated in accordance with this section to accomplish thn Manage:,iient Goals in SECTION II. The operating procedure requires discharges to occur within the limitations of established discharge zo,ies described as function of the Lake Minnetonka level. The ranges of discharise defined by the -e zones are necessary rea1l:::n6 the numerous considerations which must be t,iL.en into ac :ount during operation of the structure. The discharge zones are based upon sound hydrologic principles and are designed to achieve, to the `*eeatest extent possible, the Management Goals iientified in SECTION I1. "'he atta ched exhibit shows the di :ct ,,rt a zones and .heir corr_,poridliL6 allowable: discharge rate. The lowest heavy line across the base of the graph at elevati-n 928.6 represents the minimum lake level elevation at watch discharge can occur. This Is similar to the effect of t:,e previous fixed weir which had an approximate low point elevation of 928.6. When the lake level is above this elevation, a discharge will occur subject to the conditions outlined in this section. The discharge zones are defined by minimum required and/or maximum allowable discharge rates over a specific time period and lake level ranee. These zones are described in SECTIO14 III.A below. Between lake level ele,,gtions 928.6 and 930.0 discharge to Minnehaha Creek will vary. In general, discharge rites wall increa-e as the lake level. increases. However, this Is not a direct or linear relationship. The discharge is dependent not only upon lake level elevation, but the time o: year, climatic conditions, the variable carrying capac'_ty of the crt.:k and other cons ide rat ions . The heavy horizontal line at elevation 930.0 represents a lake level above which high eater will be re('-;^.ed to the maximum, practicable extent. Lame levels and dischart,- .snot be controlled by the structure at lake level elevat ..,s above 930.0. Unuer :.hese circumstances, resulting discharge to Minnehaha Creek Is comparable to that whict, occurred under similar conditions with the previous fixed weir. Uuring the winter nt)nth which are not sh%wn on the attached exhibit, no a-LounarL,e is all d to the extent 1'easible and cons istant with the MANAGEMENT POLICY. Stop lobs are: Installed during the late fall, prior to ice -in when the lake level elevation is near 928.6. The discharge control gates are then lifted out of the water to prevent ice damage. If the lake level rises after that time, additional stop lugs are installed as _j of 1 t ne -,ssary to prevent overfluw discharges. The stop lobs are removed in the cprinb as soon as ice condl Mons allow an•:A the discharge contr-1 gates are again made operational . A. Discharge SettlnEs and Adjustments The ._ischarbe settings and edjustrrter;ts betv.,een lake level elevations 928.6 and 930.0 are described es zones of control in ttie followinu pYragraphs. Zone 1 - Maximum ;;reek Carrying CaG)aci L, To effecL_vely respond to high lake levels, rapidly increasl% lake Levels ant/or chanelnE, creek ,orditions the maximum allowable di sc-ierge rate 18 requi d whenever the lake level is with the _levation range cc 929.6 to �30.0. The maxlmui-i allowable discharge rate will vary. It is def fined to be tha rate of discharge when combined with direct runoff and other inflows to the creek downstream, that will achle-we but nct exceed the carrying capacity of the creek . The carr I n6 capacity of' the creek is considered to be he maximum w that ran occur without substantial overbank flow. The maximum allowable discharge rate will be maintained as necessary until the lake level has receded below elevation 929.6. .ne - No Discharge to Maximu,:; CrEnk Carry_ng Capacity Discharges ranging frr- zero to the maximum allowable discharge rate are required in ti.is zone. When the 'ake lev• ' is below 929.1, the maximum discharge shall be no W than 30 cubic feet per second. As the l l-- level aches elevation 929.6, up to the maximum a able diecnarv^ can occur. In an extreme rasa, when high lake leve., and subsequent unrestricted discharge and flooding are predictable cue *o a,)ring sr,owrelt, the maxtmum allowable discharge rate will occur at le' a levels below elevation 929.1 to reduce '.rmenent high water .;oad_tlon.3. This diecr,arge will occur only W.en It. chi-, be 6ocumented with reas.�nable accuracy that tt. water content of the snow pack in th upper wsterared could exceed available storage ee,)acity on +.ne lake. Maximum allowable dlncthar6e rates other than those specified herein may occur only aftL r Minnesota. DNN has authorized such action. Zone 3 - 150 Ch'S to Maximum Creek Carrhl.,6 CaLaci ty In the late summer and fall, 150 c f 8 up to the maxlmLL m all —able discharge r-Ate 's r�qu,: ed when the lake level 4 of i l 1 I is In Zone 3. Thls will lncreu�;e the capacity to reduce an exces6ively hiLh fall leke 1F.vel ur►d provide adtquateetora6e capacity for surir16 snowmelt. Zone 4 - 150 (:F; Maxie, if' A d_ _irbe rate rant J n6 1'rcm upproAlmately 20 cf i up tc, a maximum f 150 cfs is re;yuired provided the carryinb capacity of Minr.ehahn C : is not exceed(-d whenever the lake level in in this zone. From May 15 through Ju'.: 15, disc..urge will vary from a rainl.mum of approxir,;ately to a maximum of 100 cfs if the lake level is Rt or L, ; 011W (929.4) and will ra%e up to a maximum of 0 cfs lake level is abode ;he U hb . -'r-xn July 15 through November 30, a hydrologic computation will periodically be performed to Ceter.A what uniform rate of discharge will be necessary to accommodate the desired fall lake level of 928.6 based upon normal weather conditions. Discharge will be ;periodically adjusted to accommodate actual weather conditions en-ountered. 11—refore,-'.ischarde durint, this period will, to the grates .nt weal -'-r c,--iitlons allow, occur at uniform rates retween approximately 20 el's and 150 cfs. '.s zone is considered to be desirable for operation of the structure. Wk.en operation Is erned by this zone, optimum , iditlon3 exlst for ech1(- Lg 1..(e Mara ement Gcals Identified in SECTION II. Zone 5 •- Base Flow Dischar, Base flow discharge is rt-�j -:d whenever the .ake level elevation in within this zone. e po-pose of ease 1.'1ejw di- iarLe: is to reduce t::e det.rir.., t. !f`-,ets of eree.c flow stat,riation during dry pr_r!ods. Tht. t"Qe fiow discharge z..)ne is designed tc t.3sure that a volume t-f wat sr will be die charged that t.s approxiwaI '..y Ayual to the volume disc' arged by the pre,rloun :xe weir COrtalderine simi;ar low lnk«. .evelo. The p.revlous fixed Jt weir (1..jchareed eater . A a rate of 11 cf;j when the lake l -el elevation wa;; at approximately 929 0(O . therefore, when lake levels are within this zon( , base flow d;acharges will occur subject to t.,e r; ndi Lion below. 1. To tha extent that it scl f , ae allows, base allow c14ch,ar f;es of approximately 1' meastir. . .er,t acrurai y .111 u- :,ur at a rate It is expected thut durin , mo:►t open water su.aaons the lake level will exceed the limits or tnls zone. Undur these conditions, d13charLea will equal or exceed the specli'led base flow discharge rate. 'Dune 6 - N._, Discharge Whenever the lake level elevation is below 92d.6, which was the lowest elevation on Lhe prc;viouu fixed welr crest, no discharge is allowed during the open water season. Zune 7 - Unrestricted Dlsehar,,,� Whenever the lake level exceeds elevation 930.0, which 1a the crest elevation of the reconstructed fixed weir, unrestricted discharge will occur. Resulting discharge will be comparable to that which would have occurred over the previous fixed weir. When the lake level recedes to elevation 930.0 or below, discharge Mill atalr► be cited to the carrylnp capacity of the creek. B. Data Collection_ and Discharge _Adjustment Procedures Field data, shrill be collected and dlschaioc adjustrients at ttie headwaters Control Structure s;,all be peri'ormed in accordance with this sect n to implement the policy identified in SLCTION 1. MANAGEMENT POLi,Y. b.l geed for Voluntary Creek Water Level Datd From �ownatream �'luniclpalitIes The Managers believe that for the first years of operation, 1'reyuent reports of actual creek water elevation In each of the municli,alitles should bt, forwarded to the Mara�..ers . This creek water elevation `a will allow the Manegers to properly adjust the controtructurc to achieve the MANAGEMENT GOALS. Because condltloi.a can vary between reaches of the creek, the Managers rcy uee t each ot' the five creekside municipalities to regularly record creek water elevations on a weekly schedule, at ttze following critical reaches, and report the readint,s to the District hr4,ineer. C1tly Minnetonka Hopkins Location I-494 cul•-rts C.S.A.A. t,o. 5 C.;;.A.H. No. 73 ( upstream and down- stream aides) r� City St. Louis Nark Ldl lid Minneapolis Park board Frequenc4 Friday, Monday and Wednesday Wednesday He ortin• Loca t. ion W. 37th Street Exceislor boulevard Millpond at browndal.- W . 5btii Street Upton Avenue Logan Avenue (upstream side) Chicago Avenue Cedar Avenue Lon,fellow Pond April 1 - June 1 June 1 to end of t low Each city is requested to report weekly the elevations recorded during the preceding report1% week (Friday, Monday and Wednesday) by telept Dne on each Wednesday by 2:00 p.m. to the District br4lneer, E. A. Hickok and Aasociates, 473-4224. Lush city is requested to promptly coru'irra elevations recorded . n writint, or: forms supplied by the District h%ineer. 13.2 Lake aril • iek Data Collected by Uictrict t.r► lneer The District Engineer shall collect thv t'o1low1n6 data Data klows into Lake Minnetonka from Painter, Six Mile, Gleason and Long Lake Creeks Lake Minnetonka Level Minnehaha Creek flows nt all critical reaches identified In :.iect ion 11 .b. 1 ( ba:,ed on rating, curves). In addition, t!iv District En6lneer shall develop ratir►t, curves at three (3) locations a l one; Minnehaha Creek , one (1 1 of which shall be t'or tht: kirowndale Avenue Dam. 1LE uencj Monthly (minimum) durJ r6 open water season. Weekly (minimum) durir'Ag open water season As specified in Section II.8.1 (Other data is collected an part of the District's 10fift term hydrologic date program). 7 of 11 Anal�,sis and lttg,ortin�; uf_ Data The Enbint;er dial i analyze all d;ita cuilectt--d by the cities and his oi'i'ict on a weakly basis. A verbal summary r.:port of that data shall be transmitteu to one or more - Managers each week. Shuuld quickly chan6ln6 water level conditions be encourrterc:d on Lake Minrnetorika or Minnehatla Creek, verbal reports will be transiuitted as required. All verbal summary ►•epor•ts shall include a recommendation for adjustment, if' any, of the discharge at the control strucure along with the time the adsustment is to be implemented. The recommendation shall also identify when the aci,; ustment will be implemented. B.4 Implementation_of Necommended Action, Upon verbal approval by one or inure N;anagers , the Engineer shtill implement the recommended discharge adjustment as directed and in accoruance with Section 111. 01,6HA`i'ING PROCEDURES. B.5 Frequency of Clacharge Adjustment Lischare,e ad j ustment frequency will be 11miten to the extent practical, to a weekly basis. More frequent adjustments may be required it' a substantial increase or decrease in the rate of discharge is necessary. In this case, the overall adjustment will, to the extent possible, be Implemented in incrtmenta to avoid abrupt water level fluctuations on Minnehaha Creek as a result of discharge adjustments at the control structure. Emergency discharge adjustment may be imp leme nted—Uh7je r the conditions specified in Paragraphs B.6 or B.7 below. B.6 Flnergency Ad.,ustment The Engineer shall have the authority tQ change the discharge between regular adjustments where Immediate change is necessary to reduce or avoid significant risk to sai'ety or damage to property which would likely result If' the change is not made. The Engineer shall protuptly communicate all such emergency adjustments to the Manaaera and to all a2'f'ected municipalities. If sudden conditions produce high creek flows anu it is feasible to store water on the lake ror 12 to 46 huura, gates will be closed to allow creek flows to abate. The Engineer shall develop a monitoring program to ass 1,A him Ir. pr%rnptly rtactin,& to extreme rainfall events. 0 A i1 H.7 HiAh_ Water Conditions on t;innet,at►a (:reek When hlt;h water conditions art reported or vrtdieted on Minnehaha Creek, thu Lngincer ror tl►e District shall proms tly Investigate the r,:ported or Nradicted and determine whet►ier adjustrient can L throueh the control structure thus wou water condition. If' adjustments can L cc rrslatent wits, the MANAGLMLN'T POLICY, prornptl,y make such adjustments as are high water condition e made in the discharges ld reduce the high e made that are the Ln6ineer shall appropriate to reduce downstream hit,h water conditions as soon as possible. (Paragraph B.7 adopted September, 19bO). b.8 Operational Responsibility 'lhe District may enter into a contract with another governmental agency to provide operatine personnel. Lmployees of the contractlnb agency will handle minor maintenance and repairs when required and will make reauiar trips to the site as directed by the District's Er-ioineer. The contrul structure shall be operated by the District In accordance wit`, the limitations set forth in the headwaters Control Structure Management Policy and Operating Procedures, and Minnesota 1)NH Permit No, 76-6240. B. 9 Monthl3 Summa y Da t o Uuriri6 the open water season tt►e District's gr4,ineer shall prepare a monthly summa^y oi' all data rf_icelved and analyzed by his of'f'ice, 1nclidir4., aijustments made in the discharge rate during the prior month. This summary shall be distributed to the Manar,ers , the Minnesota Department of Natural Resources, the creeksidc: end lakeside municil,alities, the Board of County Commissioners of Hennepin and Carver Counties and shall be available to interested peruons. :;LCT10N IV. Tl_.hMy OF AND AMENDMENTS TO 'THE MANAGEMLN'l POLICY AND OPERATING PROCEDURES 1. T e err► This document dei'lnes the Management Policy anA Oleratirrg Procedures for the Headwater's Control Structure at Gray's Bay f'or the period March 1, 19b3 and thereafter. Anv amendments to this document shall br made pursuant tc Stctinn 1V.2 below. rieview of Manei&e►,,ent _Polio+ and Ulerdtink%_Procedures On or before .,anuary 1, 19bL, the District ahn.l submit to the Minnesota Lepartment of Natural Resources any amendments to U.e existinb Management Policy and Upernti% Procedures deem,-d neceseary by the: District for thc: three (i ) yee►r }period comme.ncinL March 1, 19d6. Thirty (30) trays prior 9 of 1 1 to any submittal to the Depdrteic:nt, .,.,r. District shall pruvide the municiprilitIea within tlit: watershed, a eol.y of tl,e proposed amr.ndments such that sui't'icient oppertunity to submit comments to the Department is allowed. Within sixty (bU) days, the Department shall advise the District in writing of the acceptance, rejection, modification or auditions to the proposal. - Any public hearing tha. nay ae held on proposed amendments to the Management Policy and Operating Procedures shall be governed by Minnesota Statutes 105.44. It' a hearinng Is held, the existing operational procedures shall remain in full force and effect until a final administrative decision Is reached. Followint, the final adminstrative hearing decision, or if no hearing is held, the amendments, if' any, shall be incorporated into the i'oreboing Management Policy and Gperatinb Procedures for the followinb three (3) year term commencing March 1, 1986 and be distributed to affecLeo municipalities and abencies. This review procedure shall be repeated every three i 3 ) years . 9315 9310 i �► 930.5 o� 930.0 92%1 w 92 R HEADWATERS CONTROL STRUCTURE DISCHARGE ZONES AND ALLOWABLE DISCHARGE RATES MARCH 1, 1983 -- MARCH I. 1986 -i UN ZON STRIC 7 Di 3E MAX zm MUM CR I K CA 1TY cv N' >- ~ -� ZM 20 C 150 CIFS 4 MIN MAX Z 150 C TO CREEK C -3 N1'*r AAX OPACITY Y. BASE FLOW Li CFI Z -6 to OISCHA MAY JUNE JULY AUG SEPT OCT NW ® LOWEST ELEVATION ON OLD GRAYS BAY DAM — 9286 ® ORDINARY HIGH WATER LEVEL (QH W) — 929 4 C� TOP OF SPILLAW — 930.0 ® RECORD HIGH WATER — 930.5 (r PROJE(-TED REGIONAL_ FLOOD-931.5 Nr'T E►Pf'ROY iCz OUT DATE APR IL 15 Q D 0) TO: Mayor and Council FROM: Mark E. BernhardsoV3 DATE: December 6, 1985 SUBJECT: Health Insurance Attached are Staff's recommendations for r,on union ina>>rance for 1986 as summarized below. R RECOMMENDATION A The following are recommended as being within budgeted assistants for 1986. Family Coverage - $146.00/month Single Coverage Total for Health, Life and 50% of supplemental life. B. For 1996 retirees -that they be allowed to continue on the county's hca th plan in exchange for foregoing the requisite amount of se,.arance pay to fund the contribution through retirement or until this is exhausted at which time they can continue on a reimbursemer basis. Should they cease participation in future years th-j wi I be given a pror.ata amount of the "unused" severance in a lump sum. Retirees will be required to sign a statement acknowledging the City's right to later on withdraw its offer anytime in the future. In consideration of payment of the unused retired severance balance to the retiree. C. For permanently disabled employees they will be allowed to continue on the county program at. their expense subject to the City's right to withdraw this at anytime In the future. To: Mark E. Bernhardson, City Administrator From: Joan Lattin, Office Coordinator Date: December 5, 1985 Subject: health Insurance - .,ity Share As per the Administrative and Personnel Policy, the City Council will estabi..i sh a separate dollar amount for tho-,e selecting family c-;verge each year. It is recommended that the Ci.ty's share be $146.00 for the year 1986. This amount. is for non -union employees. The City of Oron- participates in the Hennepin County Group Insurance Program, and as a participant of this group, the City should adopt a policy for early retirees and disabled employees. The County Group requires that the City pay at least the employees share of the health insurance coverage. It is recommended that the early retiree leave their accumulated sick leave rather than take the one third as severence pay. Therefore, the City could draw on the dollar amount of the accrued sick leave to off -set the cost of the single coverage. At the present time there is a limit of 960 hours of sick leave that one employ-e can accumulate. Should an employee retire at the age of 58 and ea-n $9.50 per hour he could bank $9,120.00 in sick leave at the 960 hours maximum. At todays premium rate of $99.57 per :month, the cost for health insurance for the seven years until age 65 at this cost would be $8,363.88 leavino a balance of $756.12. This could provide for any increase in pr#.•m i ums . The totally disabled employee would have the option of continuing his or her health coverage, but the City would not be liabl.- for the premium. The following are age and years of service requirements for early retirees with the exception of the police: Age at Time of Retirement Years of Full Time Service at least 58 but less than 62 20 n N 62 " n w 63 15 N n 63 " N N 64 .14 64 65 13 The police age requirement would be 55 with at least 20 years of service. . Ot Memo #85-45 To: Mark P. Bernhardsen, City Administrator From: Tom Kuehn, Finance Director1�1 Date: December 5, 1985 Subject: Adopt Policy Regarding Use of City Owned Vehicles The Internal Revenue Service (IRS) has issued regulations stating that. car allowances paid to City employees and vehicles provided to employees and used for commutinq uluat. be treated as taxable income under certain circumstances. To comply with the regulations and to minimize the impact to the City and the employee we must have a policy statement on use of City owned vehicles and meet certain other requirements. I feel the attached policy statement meets all requirements. It is recommended that the policy statement be adopted. PROPOSED MOTION: Moved by_.___---- , Seconded , to adopt the policy statement regarding use of City e led vehicles as presented. Ayes_--_, Nays TO: Mayor & Oruno City Council I F►"'OM: Mark E. Bernhardson, City AdministratoA Forwarded recommending appro ►:0 as presc..: u- STATEMENT uF POLICY Automobile Allowances 6 Use of City Owned Vehicles For the purposes of complying with Internal. Revenue Service (IRS) regulations, for clarifying City rules regarding automobile allowances and Lses of City owned vehicles, the following state- ment is adopted: I. AUTOMOBILE ALLOWANCE As determined ')y the IRS, fixed periodic payments of automobile allowances for business use of an employee owned vehicle are included as taxable income and will be reported on form w-2 .-nnua l ly. No income tax wi 1 i be withheld from the ailowances and no FICA will be withheld from the allowances if the employee provides the City Finance Department with documentation of use of allowance for bona fide business purposes. II. CITY OWNED VEHICLES Al 1. vehicles owned by the City are p.ov:ided the employee, for bona fide business use. a) Personal use, excludinq de minimis use, or those vehicles not required to be used 'Inr comrrlating is hereby prohibited. b) Employees require,-: to use a City owned vehicle for commuting are prohibited from further personal use, excluding de minimis use. Those employees required to commute in City vehicles for business reasons - lack of vehicle storage space, security, necessity of responding to call outs anci emergency situations. Statement. of Policy Decemh, r 6, 1985 Page 2 As determined by the IRS, employees required to commute in City vehicles will have the value of commuting included as tax- abl icome annually on form W-2. The value will be applied at a flay rate per day for each clay ':he vehicle is used for commuting. The .ate is currently $3.-0 per day. Income 'ax will not be withheld from the amount, FICA tax will be withheld from the . last payroll check each year. c) The police chief is exempted from the requirement of reporting as income the value of commuting use in an un- marker' -quad car. The personal use of tine unmarked squad car is required and is in incidental to law-enfozcement functions enabling response to call out for emer4ency situations directly from hoi2. The employee meets all other requirements for exemption - has the power of arrest, is authorized to carry firearms, and is employed full-time. r1 c — r"'sv , TO: Mayur and Citv Council FROM: Mark [ie.nhar:yson, City Adminiskratu ` `�v OA"."E: December 5, 1985 SUBJECT: Planning Commission and Park Cc —mission Appointments for 1986 Attached please find the list of various appointmerts that the City Council generally makes at its first meeting in January. Many of these are rout.n_, however., we give is now to you for your consileration so tnat should there be changes that you desire and ?ointments we can make those well in advance of the January lath --eting. PLANNING COMMISSION - Specifically for the Planning Commission we wciu� lke to have your discussion and direction on this matter. Three of the members, Mr. Charles Kelley, Mr. Paul Taylor and Mr. William Simc's terms are up and they will be eligible for reappointment. Additionally as has been traditional a new Chairperson is appointed every year and tradltiona'lf it has been the person that serves as the 'Dice -Chair the yes+r efore, so that we would need appointment of a Chairperson and V.ce-Chairperson. Mr. Kel le, has Veen serving as vice -Chair for the past year and it is staff's recommendation that tie would be appointed Chairperson, additionally we would recommend as appointment to Vice -Chair Mr. Taylor. PARK COMMISSION - The only appointment than presently up for the Park Commission is that of i;r. Lester Kelle,, who '_he staff would recommend be continued as an appr-,inted meml.)er to the Park Commission. Additionally it has been the traa'tion with this body the Chairman continue the appointment for .nother year. POTENTIAL_CAN_DITATES - S'iouid thc, Council be looking for potenklaT parties _ during the next year to fill either vacancies that have expired or resignations here is a list of persons who the staff, while not having discussed that with them, feel they may be good candidates to explore for the various commissions ur are persons who have exprc:sse.1 an interest. These include: - c;eorye A. Johnson, 879 t:. Brjwn Road - Rural - Educator, Orono School: - John Purdy, 1975 Fagerness Point Road - Urban - Advertising - Ned Dayton, 1150 South old Crystal Ray Road - Sewered Rural - Developer - Maureen Bellows, 265 South Brown Road - Rural- Architect - Desyl Peterson, 4185 Chippewa [:ane - 5 ac. Rural - Attorney James Hanson, 484 t)ak.)ta ..venue - Rural - Custom Builder Carol Moore Trapp, 4701 west Branch Road - Rural - Attorney Henry Ktnyman, 1185 West. Ferndale - :;ewers•, Rural - Financier Rob Kost, 35H5 Crystal Place - Urban - t.andscape Arch_tect Mariann K iont l+er, 1200.South Old Crystal tray Road - Severed Rural - F,),*�ster PROPOSED MOTION - Moved by , seconded by ,, that the y Council appoint the following persons to the Planning Commission for 1986, Mr. Kelley, Mr. Taylor and Mr. Sime together with the appointment of Mr. Charles Kelley as Chairperson and Mr. Paul Taylor as Vice -Chairperson for the Planning Commission. Additionally that the Council reappoint Mr. Lester Kelley as a member of the Park Commission for 1986. Ayes Nays _ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1717 A RESOLUTION DESIGNATING APPOINTMENTS :OR THE YEAR 1985 3E IT RESOLVED by the City Counci 1 of the City of Orono, Minnesota, that the appointments and designations for the year 1985 are as follows: APPOINTMENT/DESIGNATION Acting Mayor Planning Commission Councilmember Park Commission Chairman Planning Commission Chairman Planning Commission Vice -Chairman Human Rights Chairman to Lake Minnetonka Conservation District =ep. to Association of Metropolitan Municipalities :.sad Attorney -ity Attorney Firm LFad Engineer :ity Engineering Firm Health Officer ;---ditor I iscal Agents Official Newspaper Cfflcial Depositories 1985 T om Frahm Alternate Barbara Peterson Ed Callahan Charles Kelley Sandy Welsh JoEllen Hurr "ary Butler Tom Radio Popham, Haik, Schnobrich, Kaufman and Doty Glenn Cook Bonestroo, Rosene, ;nderlik and A!�,sociates Mouoe Medical Clinic Pannell, Kerr, Forster (formerly Anfinson, Hendrickson & Co.) Ehlers & Associates Westonka Sailor and The Laker First National Banks of: The Lake (Navarre) W,7yzata Minnetonka Minneapolis Saint Paul Wayzata Bank & Trust Company Merri11,Lynch, Pier-e, Fenner and Smith, Inc. F & M/Marquette National Bank American National Bank & Trust Company of St. Pr ' Midland National *tat,-. of Minneapolis National City Bank of Minneapolis Norwest Bank Minncapollr� Twin City Federal Saving, & Lr -n City of ORONO RESOLUTION OF THE CITY COUNCIL NO. APPOINTMENT/DESIGNATION ifficial Dec:jsitories Continued '.•:ced Inspector .ssistant 43eed Inspector Transportation Committee Civil Defense Director !a_ina License Inspection Committee ennepin Emergency Communication Organization Hennepin Human. Services Planning Board Snecial Prosecutor Southwest Sanitary Sewer District S :bur'�an Health Nursing Service Area C - Sewer Service Advisory Board XC'•:0 - Painter's Creek & Katrine/ Advisory Committee - Alternate (2) _able TV Committee (2 plus Alternate) (Alternate) Xayor's Association Suburban Rate Authority - Alternate (2) Advisory Committee Park (2) ';est Tonka Senior Noerenberg County Citizens 1717 1985 {:iierman & Company, Inc. Flank of America, San Franr_iSco, California Piper, Jaffray & Hopwood, Wayzata Dain Bosworth, Inc., Mary Butler John R. Gerhardson Tim Adams Melvin Kilbo Tom Frahm and James Grabe'k Melvin Kilbo Jcan Kcttemann Gary Larson Brad Van Nest Mary Butler Mary Butler Minneapolis Brad Van Nest Ti- Adams and Mary Butler Tom Frahm Tim Adams Mary Butler Mary Butler Mary Butler John R. Gerhardson J. Diann Goetten Barbara Peterson Tom Frahm Adopted by the City Council of the City of Orono, Minnesota, at a specia meeting held January 3, 1985. t .;TTE T: Mary C. er, Mayor IN TO: Mayor and City Council FROM: Mark E. Bernhards4 SUBJECT: Alberta Strom, Retired City Clerk DATE: December 6, 1985 As you may be aware, Alberta passed away on December 4, 1985- Stillwater. Services are 10 a.m. Monday December 9, 1985 in Stillwater.. Joanne Lattin is collecting monies for flowers and memorials. If interested, please contact Joanne or myself. Attached also is a resolution of condolence for the family on behalf of the City and request you adopt it. PROPOSED MOTION: Motioned by Seconded by , that, the Orono City Council extends its condolences to the family of Alberta Strom on her Leath by pass of resolution numbor Ayes , Nays n 4ity of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ A RESOLUTION COPUCMiORATING ALBERTA STROM WHBRBAS, Alberta Strom served the City of Orono as City Clerk for 17 years; and WHEREAS, Alberta Strom was dedicated and served the Citizens of Orono commendably; and WHEREAS, Alberta Strom was always considerate and thoughtful of the public and her fellow employees. NOW, THEREFORE, BE IT RESOLVED, that the Orono Council recognizes Alberta Strom's dedication and service to the City of Orono and extends its condolences to Alberta's family. Adopted by the Orono City Council on the 9t.h day of December 1985. ATTEST: Dorothy C. Hallin, City Clerk Mary C. Butler, Mayor b TO: 'Mayor and City Council FROM: Mark Bernhardson, City Administrato N\ DATE: December. 4, 1985 SUBJECT: Municipal Stat(, Aid Designation. - Resolutions Attached are the necessary resolutions to implement the Municipal State Aid designation plan discussed and approved at the last Council meeting. Contrary to the information riven to you last time the plan will still allow for an additional .2 of a mile for future designation. The separate resolution for North Ferndale is because of the need to obtain concurrance of Plymouth and 'Wayzata. PROPOSED MOTION - Moved by __, seconded by _, that Council adopt Resolution Numbers , , and establishing the appropriate Municipal State Aid -road designation effective January 1, 1986. Ayes ,, Nays C itey of ORONO RESOLUTION OF THE CITY COUNC!L NO. RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Counci 1 of the City of Orono, that the streets hereinafter described should be revoked as Municipal State Aid street under the provisions of Minnesota Laws of 1967 Chapter 162: NOW THEREFORE, BE TT RESOLVE:), by the City of Orono that the roads described as follows, to -wit: MSA NO. STREET 515 Shoreline Dr..(Co. Rd. 15) FROM 0.76 Miles W. of Co. Rd. ly 515 Shoreline Dr.(Co. Rd. 15) Arcola Bridge TO 3.19 Miles E. of Co. Rd. 19 0.40 Miles W. of Fast City Limits bc, and hereby is revoked as a Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of. Minnesota. BE IT FUk`.-dER RESOLVED, that the City Clerk - s hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of. Transportation for his consideration. Adopted by the City Council of the City �f Orono at a regular Council meeting on December 9, 1985. ATTEST: Mary C. iidt er, Mayor Dorothy 14.'Hal).n, City Crer cT� - City of OR,c)NO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Orono, that the streets hereinafter described should be designated a Municipal State Aid street under the provisions of Minnesota Laws of 1967 Chapter 162: NOW THEREFORE, BE IT RESOLVED, by the City of Orono that the roads described as follows, to -wit: MSA NO. STREET FROM TO 189 Ferndale Road Sixth Ave. No. Wayzata Blvd. (Co. Rd. 6) (T.H. 12) be, and hereby is established, located and designated as Municipal State Aid strk:ets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportatior. for his consideration, and that upon his approval of the designation of said roans or portions thereof, that same be constructed, improved end maintained as Municipal State Aid streets of the City of Orono, to be numbered a,id known as Municipal State Aid streets as indicated above. Adopted by the City Council of the City of Orono at a regular Council meeting on December 9, 198:.�. A rr L::";'r : Dorothy'M. Na.- in, ..ity Clerk Mary C. THut�er, Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Orono, that the streets hereinafter described should be designated a Municipal State Aid street under the provisions of Minnesota Laws of 1967 Chapter 162: ■OW THEREFORE, BE IT RESOLVED, by the City of Orono that the roads described as follows, to -wit: MSA NO. STREET FROM 103 Watertown Road McCulley Rd. 104 Stubbs :gay Road Wayzata Blvd. (T.H. 12) 105 Fox Street Brown Road (Co. Rd. 146) 106 Orono Orchard Rd. Fox Street 1071 Brown Road Wayzata Blvd. (T.H. 12) TO Willow Drive Bayside Road (Co. Rd. 84) Orono Orchard Rd. Shoreline Dr. (Co. Rd. 15) Sixth Ave. No. (Co. Rd. 6) be, and hereby is established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FUTHBR RESOLVED, that the City Clerk is hereby authorized and directed to forw::,_d two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation n said roads or portions thereof, that same, be cons'tructe improved and maintained as Municipal State Aid streets of the City 01 Orono, to be numbered and known as Municipal State Aid streets as indicated above. Adopted by the City Coun.;il of the City of Orono at a regular Council meeting on December 9, '985. ATTEST: Mary- �.�E�ut.er,-I�Tayor Dorothy M. Hallin, City Clerk _ 0010/ Bamrdw, RaisomE / 7 m&,%4' i M 44ac4a&i/ / xc- L P I /w� C VM•,Arrr M' Nnurrr, /' t _ _ .�;—_�. __ _.. �— :— V (�M (�A� ""__ _ _ _.� � /nvYA C 1 ndr.h7, P 1 .2333 ?U. , .... A IV.yI." 36 A4nn C (n.a. P I P"6/1- 636-4600 rr 61985 December 4, 1985 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: FLle No. 13901 MSA Street Designation Dear John, C. A, P 1 A rUondon. P E rh~ E. Na.r.. P 1 R. hrrd M' 1 nu«. P I a .nr.r r. SC4.—Al P1, wtr.,n 1. swa/Y. PC I h—& C Ilorfwdl. PA. If— A Drwdat, P A. AI,rA ( Homan. P.E. I'd A I sat. I' F .Nn hwV 1 00r1 nnrnn PI 'V ' wry A /'Irt'40'. P E D—d U 1,00 we. P E I— M Ps. 01k. H.Awn AI 66— The MSA street designation as proposed in the resolution will result in the following changes in mileage: Miles presently undesignated Miles to be revoked from County roads Miles available far designation MSA No. Street 103 Watertown Road 104 Stubbs Bay Rd, 105 Fox Street 106 Orono Orchard Rd. 107 Brown Road 109 Ferndale Road From McCulley Rd. Wayzata Blvd. (T.H. 12) Brown Road (Co. Rd. 1.46) 2.24 miles 3.89 miles 6.13 miles To Willow Drive Bayside Road (Co. Rd. 64) Orono Orchard Rd. Fox Street Shoreline. Dr. (Co. Rd. 15) Wayzata Blvd. Sixth Ave. No. (T.H. 12) (Co. Rd. 61, Sixth Ave. No. Wayzata Blvd. (Co. Rd. 6) (T.H. 12) MILES TO BE DESIGNATED ................. Miles 2.15 1.10 0.76 0.10 0.73 0.54 5.98 The changes will leave 0.15 miles available for designation in the future. if you have arty questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDBRI.IK 4 ASSOCIATES, INC. Glenn R. Cook GRC:li 2275d "' it----- ----- ��. I �llllz OAF L +�KE M!wO 1. 1 st-)11 EtiN- � f VALLEY VIE r Ito I 2 CREEK11Of Dw f0 is - ----- M +T tip. A r: Orowq Bsl �.� — *N '• I i r-- i f I � Memo M 85- y 4 To: Mark E. Bernhardson, City Administrator/ From: Thomas M. hn, Finance Director Date: Dacembei Subject: revenue Shar.i:,g Reimbursement for Budgeted Expenditures For the year 1985, the City budgeted $52,000 from the Federal Revenue Sharing Fund to be used for General Fund and Improvement and Equipment Outlay Fund support. Through July 31, 1985, we expended $40,830.97 from both funds for revenue sharing purposes and transferred the Revenue Sharing Fui:] allocation of $24,738.45 as reimbursement for those expenditures. From August 1 to November 30, 1985 we expended an additional $29,887.21 from the Improvement and Equipment Outlay Fund for revenue sharing purposes. Ic is recommended that an allocation of $18,561.55 be transferred to the Improvement and Equipment Outlay Fund for the following 1995 expenditures: Improvement and Equipment Outlu rFund Street Department - 1985 GMC Dump truck Sander for 1985 GMC Hydraulics 6 Sander For, 1973 I.H.C. Dump Truck TOTAL Cost `,23,842.02 2,096.00 3,949.19 ------------ $29,887.21 Rev Share Portion ------------ $18,561.55 PROPOSED MOTION: Moved __ , Seconded by _ , to approve the transfer of $18,Sf 1.55 from the Revenue Sharing fund to the Improvement and Equipment Outlay Fund for reimbursement. of 198' budgeted expenditures. Ayes _ , Navy _ TO: Mayor 6 Orono City Council FROM: Mark E. Bernhardson, City Adm r.�.to *�� Forwarded recommending approval as j in concert w_th smoun*s contained in the 1985 budget, as adjud_ed by reference in th no approved August 12, 1985. TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director(_ DATE: December 5, 1985 SUBJECT: Revised Cost of Initiat-iny PI)5: System and Upgrading Computer Communications The 1986 approved budget provided funding for installing the LOGIS POSSE system for the police department, to also include upgrading the communications system from the City Hall to LOGIS. The amounts the LOGIS staff quoted for the equipment were. ,determined to be in error due to a misunderstanding regarding the type of telephone circuit which can be installed between t' police department id City Hall. The recently received correcteu figures reflect an increase for the change in equipment nP-ded of $644. The amount required for the equipment and install ion is $12,1345 compared to the original amount of $12,291, an ncrease of 5. 3'3. Due to the increase in communications speed, and the decrease in frustration which the dedicated phone line wi11 accomplish, I feel the additional cr,;t is a reasonable investment. TO: Mayor and City Council FROM: hark Bernhardson, City Administrator Forwarded recommending approval as being within available monies for 1986. PROPOSED MOTION - Moved by , sc_cu- .ed by _, that the Orono City Council approve the expenditure of $12,845, a $644 increase over the amount budgeted in 1986 for computer communications equipment. Ayes _ Nays To: John R. Gerhardson, Pubiic Works Coordinator From: Jack Brinkhaus, Street Foreman Date: November 27, 1985 Subject: Specifications - Equipment and Materials for 1986 As in previous years, I re,:ommen :neil approval of the specifications and documents ic;. f- ..ishing equipment and material for the year 1986. The Citv will advertise through the normal process with bid opening on January 3, 1.986 at 10:00 a.m. Tabulation and recommendation of the iow bidder will be submitted to the Council at a later date. SPECIFICATIONS AND DOCUMENTS FOR FURNISHING MATERIALS AND EQUIPMENT CITY OF ORONO, MINNESOTA 1986 OFFICIALS OF THE CITY OF ORONO Mayor . . . . . . . . . . . . . . . . . . . . Mary C. Butler Acting Mayor - Councilmember. . . . . . . . . Tom Frahm Councilmember. . . . . . . . . . . . . . . .Tim Adams Councilmember . . . . . . . . . . . . . . . . James Grabek Councilmember . . . . . . . . . . . . . . . . John Hammerel INSTRUCTIONS To BIDDERS: PROPOSAL. FORMS: The bidder shall use the proposal forms attiched to these specifications. Bids shall be typewritten or written in ink. Corrections or erasures shall. be initialed by the bidder. MARKING AND MAILING BIDS: bids must be securely sealed in suitable envelopes, addressed and marked on the outside: "Bid for furnishing Materials and Equipment_ to be opened on Friday, January 3rd, 1986 at 10:00 A.M." Bids shall be addressed to the City Council, City of Orono, P.O. Box 66, Crystal Bay, Minnesota 55323. No bids will be accepted after the time stated above unless it is evident there was a delay in the mail. Bidders are welcome to present their bids in person and attend. the bid opening. All bids, when received, shall become the property of the City of Orono. PLACE OF BID OPENING: The bids will be publicly opened and read at the above mentioned ime at the City of Orono Council Chambers, 1275 South Brown Road, Crystal Bay, Minnesota. AWARD OR REJECTION OF BIDS: The work will be awarded to the lowest r.�ponsibLe-sic�c�ers— complying with these specifications and instructions providing their bids are reasonable and it is to the interest of the City to accept them. The bidders, to whom the work is awarded, will be notified as soon as possible. However, the City reserves the right to hold all bids for thirty days prior to the award and reject any and all bids. DELIVERY TIME: The City will place orders as needed. Ir the event that the -successful bidder is unable to fill the order in a reasonable time, the City reserves the right to place the order with another hidder who can perform on schedule. AWARD OR REJECTIONS OF BIDS: When renting equipment, the City will be g�edTy t-ie yenta charged by the di fferent bidd-t s for a particular type and size of equipment. In the event the low bidder"s equipment is not available when needed, the City may elect to order the work with the next low bidder. The contractor and all subcontractors shall conform to the requirements of the Federal Department of Labor and Industry Office of Safety and Health Act. TECHNICAL SPECIFICATIONS: STREET CONSTRUCTIOiJ 6 MAINTENANCE MATERIALS DEFINITION: The purpose of these specific3tionsis to take competitive biTs-Tor -the furnishing and hauling of street construction and maintenance materials to and for the City of Orono. Furnished materials are to be bid at the source, and delivered materials are to be placed in the City where indicated by qualified representatives of the City. No estimate of quantities is available and the City does not guarantee to purchase any minimum quantity. MINNESO_TA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS: References to MnDot_ shall indicate the standard specs ication for highway construction by the Minnesota Department of Transportation dated ,January 1, 1979. AGGREGATE SPECIFICATIONS: Class 5 gravel base and class 5 recycled blacktop/Gravel base shall meet MnDot specifications 3138. METHOD OF PAYMENT: Payment shall be made by one of the following methods.- (1) Price per tort loaded into City trucks by contractor at hi pit. (2) Price of material per tore delivered to Orono in contractor's trucks. BITUMINOUS PLANT MIX: Bituminous plant mix shall conform to MnDot 5peci ation 233� with BA-2 aggregate or MnDot specification 2341 with BA-1 aggregate. The aggro ate in 2341 Modified (fine mix) must pass 100% thru 1/2" sieve size METHOD OF PAYMENT: Payment shall made at the bid price per ton at the p ant, Te17veceTto the site of ti works, or placed on the street with contractor's paver, rollers, tr v ks and cre,.a. (work and equipment shall conform to MnDot Specifica%ions 2311.1 No extra payment shall be paid for bitumen in the mix. BITUMINOUS MATERIALS: MC 30, 70, 250, 800--RC 250, 800 and CRS-1, CRS 2 bituminous m-itet i Al s shall <.-c nform to the requirements of MnDot specifications 3151. METHOD OF PAYMENT: Payment shall be made on the price per gallon of mater a- at tiAoF.", delivered to the site or delivered and placed on the road with a proper distributor. ASPHALT MATERIALS: The contractor shall submit a bid price on the proposal which shall be based upon a cerl + f ied ref inert' duck price of bitumen plus installation fnr the bid :late. Any increase or decrease in the dock price for bitumen based upon the delivery date will be added to or deducted from the bid item. The ref ineryused for bidding should be identified. CORREGATED METAL CULVERTS: Corrugated metal culverts shall meet the requirements of MnDot Specification 3226 and shall be rivited. Spiral culverts are not acceptable. METHOD OF PAYMENT: Payment shall be made on the bid price per lineal. foot ocu�ert delivered in each size specified. NOTE: Any bid item requiring materials to be delivered to the City of Orono in contractor's trucks shall be taken to mean at any point on a' public street within the City of Orono as directed by the Director of Public Works. TECHNICAL SPECIFICATIONS F.pll I PMi;NT RENTAL DEFINITI0r1: The purpose of these specifications is to take competitive bids for the rental of construction equipment by the City of Orono. The successful bidder must ::urnish experienced operators, all necessary fuel, oil, grease, maiw-enance and repairs and transportation to the site designated by the City. The equipment must be in good operating condition. No estimate of the number of hours rental for each piece of equipment is available. The City does not guarantee any minimum of hours other than a minimum of four hours for any separate call. INDEM14ITY: The contractor shall indemnify and save harmless the City and the Engineer from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgements of every nature and description brought or recovered against him b, reason of any act or omission of the said contractor, his agents or employees, in the execution of the work or in the guarding of it. The contractor shall maintain and pay for such ins+eance as will protect the City and the Engineer from liability under this contract. If requested, the contractor shall file a certificate of Insurance with the City. The insurance shall be in the following minimum amounts: Contractor's Public Liability Insurance $100,000 - $300,000 Property Damage Insurance $130,000 WORKMAN IS COMPENSATION: The successful bidders are to be considered as TTnT, pent e`t t contractors and not employees of the City by virtue of this contract_. The contractor will be required to prove to the satisfaction of the City that he pays workman's compensation on zany employees engaged in this contract. EQUIPMENT INSPECTION: The bidder shall provide access to representatives o? the City for the purpose of inspecting the equipment prior to the award and during the term of the contract. TERMINATION OF CONTRACT: It is the intention of these specifications to-ontractror services until December 31, 1986 or until such later date as may he mutually agreed upon. However, i f the contractor fails to perform the work when ordered, or if the wo-k is unsatisfactory, the City may pla=-e the work order with another bidder. On jobs where more than one pioce of equipment is to be rented, the City reservc-s the right to rent all the equipment from one bidder in which case the combined rental rates will determine the successful contractor. METHOD OF PAYMENT: Payment shall be made at the bid price per hour of rent<:1. The contractor shell not be paid for time on the job wF-!n his Equipment is not operating. Moving time to and from the site is considered as incidental to the work and no additional payment will be made for moving. If it is necessary to move the equipment during the rental period, it will be pa.d for at the same hourly rental rate. Equipment will be rented for i. minimum of. four (4) hours at one time. BID SCHEDULE: FOR FURNISHING M.ATERIALS AND EQUIPMENT Date: To the City of Orono, Minnesota: The undersigned, ns bidder, has examined the specifications and instructions, and proposes to furnish and, where noted, deliver the following ma;_erials and equip,.cnt to the Cityof Orono at the following prices. ;It is agreed that th�--, prices as stated below shall remain in effect until December '11, 1�86 or until such a later date as may be mutually agreed upon by the Ci `-.y and the bidder. The bidder must fill in rh^ unit prices in figure.. For complete information regarding then Items, see the specifications. ITEM N0.1 - PIT RUN GRAVEL licked up at pit with city trucks, loaded with contractor's ;uipment... at /Ton neTivere-rT to Orono C Cty`iT contractor's trucks at /Ton ITEM N0.2 - MnDOT CLASS 4 GRAVEL Picked u, at pit with city trucks, loaded with contractor's equipment. at /Ton. DelTver�reedto Orono sty in contra tor's truck, RA /Ton . ITEM NO. 3 - MnDOT CLASS 5 GRAVEL BASF. Picked up at pit. with city trucks, loaded with contractor's equipment at _ /Ton DelTveFe_4—i_6Oronoti y C rn ccin'tractor's i rurt:s at /Ton ITEM NO. 4 - MnDOT FA-2 CLASS C (SEAL COAT) Picked up at pit with city trucks, loaded w.th contractor's equipment. at /Ton DeYNW eT-Eo`- ro o Ci-ty Tn'con* racEor I s trucks. ITEM NO. 5 - MnDOT FA-3 CLASS C (SEAL COAT) Picked up at pit with city trucks, loaded with contractor's equipment. at /Ton neMv erec'f-to ��3[nno Zi'ty� -contractor's trucks ITEM NO. 6 - MnDOT FA-4 (RED ROCK) Picked up at pit with city trucks, loaded with contractor's equipment at /Ton Delivered to Orono City n contractor's trucks at /Ton ITEM NO. 7 - MnDOT FA-1 (WINTER SAND) Picked up at pit with city trucks, loaded with contractor's equipment. at /Ton Delivered to Orono City In contractor's trucks at /Ton ITEM NO. 8 - (BINDER ROCK 1/2 TJ 1 1/2) Picked up at pit with city trucks, loaded -ith contractor's equipment at /Ton DeTTv-er_W tolOr.ono City_ rcontractor's trucks at /Ton ITE? ). 8-A (CRUSHED LIMESTONE) Picked up ar pit: 1 1/4" it Ton 3/4" at Ton 3/4" MINUS Delivered to Orono Clity: at /Ton at /Ton at Ton ITEM NO. 9 - MnDOT MC 31, 70, 250, 900. " "ked up at plant in city trucks at _ /Gallon • DelFV, a end ce plad on cTty streets with contractor's distributor at /Gallon ITEM ^ -A Mnnor CRS-1 CRS-2 Picked up at plant in city trucks At /Gallon DeITif r-P° ancf pla^_erl on r1ty'st.reets with rontrac.torIs distributor at. !�3rllon ITEM NO 10 - MnDOT RC 250, 800 Picked up at plant in City truck - at _ /Gallon Delivered and placed on City streets with contractor's distributor at /Gallon i'tM NO 11 - MnDOT 2331 AC PLANT MIX Picked up at plant. in City trucks at _ _ /Ton Delivered to Orono City in contractor's trucks 'it _ /Ton .l:�cd ors City streets with contractor's paver, roller, trucks and crew at /Ton ITEM no 11-A - `mDOT 2331 NC PLANT MTX Pi.ckeo up at plant in C_! ,rucks at /Ton G livered to Orono Cil., in contra tor's trucks at _ _ /Ton Placed on -City strve*,s_t•4_t_F _contractor's paver, roller, trucks and crew at /Ton I TBM Nn 12 - Mn DOT 2341 AC PT AIIT MIX Picked up at plant. in City trucks at / Ton Delivered to Oror.,) City in contractor4s true:,. - at _ _ _ /Ton Pieced on Citystreetswith contractorTs paver, roller, trucks and crew ITEM No 12-A - MnDOT 2341 MC PLANT MIX Picked up at plant in City trucks at /Ton Delivered to Orono City in contractor's trucks at /Ton Placed on City streets with concraactorss paver, roller, trucks , d crew at /Ton ITEM NO 12-8 - MnLCYr ..s41 AC MODIFIED PLANT MIX (fine six) Picked up at plant in City trucks at /Ton Del vered o Orono City in contractor's trucks at /Ton Placed on City streets with contractor's pa,.,er, roller, trucks and crew at /Ton IT= NO 12-C - WWOT 23'; MC MODIFIED PLANT '41X (fine six) Picked up piant in Ci.y trucks at _ 'Ton Deli -d to 4 -,no City in : '� ractor's trucks at /Ton Placodon City streets with contractor's paver, roller, trucks and crew at- ; Ton Refinery —ed for aetermininq bid prices in Items 11 thru 1.2C. ITEM NO. 13 - RIVITED CORRUGATED METAL CULVERTS (Delivered) 120 at •31 foot - 15 GA. 15" at /lineal foot - 15 GA. 18" at /lineal foot - 16 GA. 24" at /lineal foot - 14 GA. 24" at /lineal foot - 16 GA. 35" at /lineal foot - 14 GA. 48" at /lineal foot - 12 GA. 0;0" at /lineal foot - 10 GA. ITEM NO. 13-A - CONNECTING BANDS AND APRONS FOR RIVITED CORRUGATED METAL CULVERTS (Delivered) 12" Band each 12" Apron each 15" Band each 15" Apron —each 18" Band each 18" Apron each 24" Band each 24" Apron each 36" Band each 35" Apron each 48" Band each 48" Apron _ _each 60" Band each 6Pl" Apron _ each ITEM NO. 14 - CLEANING SANITARY SEWERS WITH RODDING MACHINE Specify all required equipment, vehicles and trained personnel: at /Hour ITEM NO. 15 - CLEANING SANITARY SEWERS WITH BUCKETING MACHINE Specify all required equipment, vehicles and trained personnel: at /Hour ITEM NO. 15 - INSPECTION OF SANITARY SEWERS WITH T.V. EQUIPMENT Specify all required equipment, vehicle and twined personnel: at /Hour ITEM NO. 17 - CLEANING SANITARY SEWERS WITH HIGH PRESSURE WATER JET Specify all required equipment, vehicles and trained personnel: at /Hour ITEM NO. 18 - BULLDOZER RENTAL Mfg. Model Year _HP at !Hour Mfg Model at /Hour .Year -HP ITEM NO. 19 - CAT AND SCRAPER RENTAL Mfg. /Model Year HP Struck capacity of scraper c.y. at /Hour Mfg. /Model Year HP Struck capacity of scraper c.y. at /Hour ITEM NO. 28 - TRUCK RENTAL Afg. /Model Year HP Cap c.y. at /Hour Mfg. /Model Year HP Cap c.y. at /Hour Mfg. /Model Year HP Cap c.y. 3t /Hour ITEM NO. 21 - BACKHOE RENTAL Mfg. /Mode Year HP Cap c.y. /Hour Mfg. /Mode Year HP Cap c.y. at /Hour ITEM NO. 22 - DRACLINE RENTAL Mfg. Model Cap C.Y. at__ ITEM NO. 23 - TRAXCAVATOR RENTAL Year HP /Hour Mfg. Model Year HP Cap _r_ c..y. at ,-/Hour ITEM NO. 24 - MOTOR GRADER Mfg. Model Year HP Cap C.y. at /Hour ITEM NO. 25 - TRUCK AND LOWBOY (C Able of moving 15-ton equipment) at /Hour ITEM NO. 26 - MOTOR GRADER WITH SNOW WING Mfg. Model_ Year HP at /Hour ITEM NO. 27 - 3/4 Tn': PICKUP TRUCK WITH 8FT. ONE WAY SNOWPLOW at /Hour ITEM NO. 28 - WHEEL LOADER/TRACTOR WITH ONE CU. YD. BUCKET Mfg. Model Year HP at /Hour ITEM NO. 28-A - WHEEL LOADER WITH TWO CU. YD. BUCKET Mfg. Model Year HP at /Hour ITEM NO. 29 - SKID STEER WHEEL LOADER Mfg. Model Year HP 1. The undersigned agress that this bid cannot be withdrawn within thirty days after the scheduled time for the receipt of bids. 2. That it is understood that the City of Orono may accept or reject any or all bids. Signature of Bidder (if an individual or partnership) Title Company Name Address *Telephone Number Names and Addresses of firm members; Signature of Bidder Title Corporation Name Businoss Address Incorporated under the laws of the State of. President _ SecretAry _ (riame & address) Treasurer *Companies submitting a bid for equipment rental with operator must submit an emergency (24 hour) telephone number. INTEROFFICE MEMO 85-161 DATE: December 10, 1985 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police SUBJECT: Purchase of Police Squad Cars Hennepin County squad cars bid for 1986 was awarded to Viking/Southdale Ford. They request a nurchase order or a letter of intent by December 20, 1985. At your direction, I have prepared a letter of intent. I request this be put on Council agenda for December 9, 1985. Base price LTD s Full Size Sedan 40 AM -FM stereo Radio Heavy Duty cloth seats Delete Power Windows Delete Power Door. Locks Delete Tilt Steering Wheel Frost plug engine heater TOTAL PRICE PER UNIT $11,057.00- + 88.00 - 28.00 - 233.00 - 151.OG - 95.00 + 17.00 $1.0,655.00 It should be noted that 1985 prices were $10,700 per unit. TO: Mayor and City Council FROM: Mark Bernhardson, City Admini.strato Forwarding recommending approving for purchase of 3 replacement vehicles within the amount budgeted for 1986. PROPOSED MOTION - Moved by , seconded by that the City Council approve acceptance of the bid award of V,:!nnepin Cc7tint.y to Southdale Ford for purchase in 1986 of 3 squad cars. Ayes Nays _. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator 4; DATE: December 4, 1985 SUBJECT: Metro Wa5te Control Commission/Orono Interceptor Project Attached please find a letter that I have addressed to Glenn Cook regarding Bonestroo's proposal to be the engineering consultant f irm for Metro Waste C,)ntrol Commission on the study of MWCC's Orono interceptor system. The interceptor system is the sys �m that. starts in the west end of Minnetonka Beach and runs up County Road 19 and east on County Road 51 to the old Orono French Lake sewer plant. This is the line that was originally put in during the Orono sewer construction and over the years has at times exceeded the capacity that it was designed to handle. This has resulted in sewage, not only in basements but raw sewage over flowing out of the lift stations and being dutaped into Lake Minnet Enka. MWCC has programmed to improve this for the past few years and is at present in the process of awarding the project to an engineering firm to determine the most appropriate way to correct the problem. Additionally they have programmed about two million dollars to actually fund the improvement project. Proposals were submitted by three engineering firms of width Bonestroo was one. We do have some concerns that a potential conflict of interest might exist, however, we have outlined those areas and if MWCC doss not have significant problems, we from a staff standpoint see that on balance, it is of benefit if Sonestroo were awarded the cunt- ct, because of their history with the system and knowing it has problems and having a vested interest to improve it to Orono's benefit. Should you have any furtht- questions please feel free to contact me. PROPOSED MOTION - Moved 'y , seconded by _ , that the City Council accept the i.nfc.)rmat ion from staff relating to the tiWCC/Orono Tnterceptor. Ayes Nays CITYof ORONO Pont Office Box WeCrystal Hay, Minnetote 4fi3 le'tunicipal ChTu . On the North Shore of Lake Minnetonka December 5, 1935 Mr. Glenn Cook Bonestroo, Rosene 2335 W. Trunk Hwy 30 St. Paul, MN 55U3 Re: MWCC Project 86-51/Orono Int.:L::eptor Improvements Dear. Glenn, Having reviewed tht. r►tent of the project referenced above together with your proposal the selection of Bonestroo as the engineer on the project would be of benefit to Orono in many ways, as it would bring to bear your experience with the Orono system together with the d sires and needs of Orono for improvements including the propo; ed telemetry system. There is however, 7 areas of concern, in that the improvements may entail t�.-- replacement of existing forcemain piping, which was originally put in as part of the original Orono sewer system. Being fully cognizant of the fact that there are times that t:he system has overflowed causing sewage to flow hoth into basements and also raw sewage into Lake Minnetonka, there is very possibly the need beyond lift station improvements to handle the current capacity in the lines. while it may be appropriat,) that the size of the pipe could or should be changed, I do see a potential conflict in two regards as they relate to Bonestroo being both City Engineer and also the selected Engineer on behalf of MWCC for those improvements. They are as follows: a. To the extent that tt•ere is needed a decision or recommendation regarding replacement of the pipe that the interests of Orono and MWCC may be in conf l-Ict as to whether changes in lift stations and telemetry would alleviate the problem at a lesser cost than actual replacement of the pipe or if both are needed in order to accomplish alleviation of existing ablems. t>. To the extent a recommendation needs to L.e made regarding the sizing of the pipe there could be a difference as to the size based on the iiv(,rgent goals between MWCC, and Orono. M'ti.UtNt ! /ONINr 4717.1.17 • ADMINtSTRATIUN B I I\AWT - 473-715A • PUBLW WORKS - 173-7159 ASSE.SSI M, Mr. Glenn Cook Ppage 2 Decemrer 3, 1985 While potential - `licts of interest may exist in the project, on balance i, , to Orono's benefit that Bonestroo is the Engineer and having itified you of two of the potentials (as there may be others -ver and above the two primary ones mentioned) and it is not significant enough that the City of Orono requests that Bonestroo withdraw itself, particularly since Orono's role is one strictly of .eview and comment of MWCC's plans. It is anticipated that Bonestroo will take this into account when those decisions are made so that the City of Orono's interests are paramount since it his employed Bonestroo fc.r a - number of years and absent significant problems intends to continue such, at least for the near term. Should you have further questions or comments, please feel free to vontact me. Sincere k-M cl1 B2 rdson ` City Administrator cc: City Council Kathleen Blatz JoEllen iIurr TO: Mayor and City Coun,,i1 FROM: Mark Bernhardson, City AdministratoO _ DATE: December 4, 1985 SUBJECT: 1986 City Fee Schedule - Ord.iiance Attached please find the appropriate ordinance form au -opting the new fees for 1986. The fee increases represent a modest increase, with no substantial increases. Two exceptions are: a. Reinstitution of wood burning stove permit fees in order to have people again corn•_ in for permits. b. imp' ,mentation of a $.25/sign for our "No Parking - Police :jrder" signs. It is anticipated that after L-e first of '-he year we will be undertaking a rate study f-:�r water and sewer rate_;, at which time we will be mak.ng recommendations regarding any increases _986, which would be retroactive effective 1 January 1986. PROPOSED MOTIOP - Moved by _ , seconded by , that the City Council adopt ordinance No. v est&blishing fees for 1986. Ayes Nays DIRECTORY FOR 1986 FEE SCHEDULE Copy Charges Page Administration . . . . . . . . . 13 Police Reports . . . . . . . . . 12 Documents Special 'assessment Searches . . . 10 Zoning Dept Documents . . . . . . 10 Realtors Listing Information . . 10 False Alarm User Fee . . . . . . 12 Golf. Course Rates . . . . . . . . 13 :nspectioas Special Inspection Charges . . . Contrac-ural Inspection Service . Licer es Amu ment. Devises . . . . . . . . Corn .c-al Marina License . . . . Ci.g-rette License . . . . . . . . Dog Licenses . . . . . . . . . . Dance (Public) License . . . . . Gambling a d/or Raffle License Gari,uge Hauler's I.ic:ense . . . . Kennel License . . . . . . . . . Joint Ilse Dock License . . . . . Liquor Licenses . . . . . . . . . Septic Installer.'s License Solicitation License . . . Theate License . . . . . . . . . Permits Page Building Permits Fees . . . . . . 5 Demolition Permit Fee . . . . . . 5 Fire Permit Fee . . . . . . . . . 9 Firearms Permit Fee . . . . . . . 11 Fireworks Permit. Fee . . . . . . 11 Grading, Excavating Permit . . . 7 Large Assembly Permits . . . . . 11 Mechanical Permit Fees . . . . . 5 Move/Lift a Building Permit Fee . 8 M, icipal Hookup (Sewer & Water). 7 Oi. Site Systems (Septic) . . . . 7 Parades & Special Events . . . . 11 Plumbing Permit . . . . . . . . . 5 Trapping Permit (limited) . . . . 1.1 Well Permit Fee . . . . . . . . . '? Water Meter Fees . . . . . . , . 7 8 Services 9 F'inger Printing Service (police). . 12 Water Turn -On Service Charge . . . 12 Water Turn -Off Service Charge . . . 12 11 9 10 10 11 10 9 10 9 11 9 10 i1 Maps For Sale 10 Signs Land Use Signs ;Zoning) . . . . . . 10 Street Signs (Public Works) . . . . 1+ Utility Rate Charges . . . . . . . 12 Zoning Applications After -the -Fact Fees . . . . . . . . Amendments . . . . . . . . . . . . Appeals Application Fees . . Conditional Use Permit Fees . . . . Industrial. Revenue Bond App . . . . Park Fees . . . . . . . . . . Rezoning Application Fee . . . . . Rip rap Application Fee . . . Spe i11 Improvements App . . . . . Sub(Ai'ision Application Fee . . . . Vacation kppiication Fee Variance Applicatio, Fee 3 2 2 2 4 2 2 2 2 ORDINANCE: 10, SECOND -31_ I ;S AN ORDINANCE ADOPTING THE. 1985 FEE SCHEDULE THE CITY COUNCIL OF ORONO PER SECTION 1 1-i,rd ' ; MUNICIPAL CODE HEREBY ORDAIN; FOLLOWING YEES EFFECTIVE DURING THE CALENDAR YEAR OF 19c5! SECT103 1. Fec : • . ZONING APPLICATIONS All fees are apply- ation fees and arm � -n-refundable afte• staff work has be, -.:non the application. Applicable Application Type Fee Code Section VARIANCEi' (Flexible P locations involving_ m-re $ 150."'C than one variance will require an additional $90.00 payment per each variance) .cENEWAL VARIANCE (wo change from original $ 7 5. 0, . Application' CONDITIONAL USE PE_<.:' "'^ 'One charge per project) Residential Accessorl Use (Animals, etc) $ 100.00 Institutional Use (Scl :al, 1-arch, etc:.) $ 150.00 Duplex "resit (per bui.07'ng) 15v.00 C --:3r. al/Iri3ustrial Use $ 25C.011 anore.:y ')welling $ r00.0; .. + nitei tion a) grading, filling, etc. $ 200.00-.permit b) sea walls retaining '' ?nO.00+permit walls within. 0 •79' lakeshorr PRD Appl!� a sixth Subdivi..i� n bd. » Fee plus $3( i -elling unit 1PRU 4plic:ation -ithout Subdiv; sion $ 35. sr 'welling unit. (Mir .,ium $150.00 ) P? D s1 dplications S IID per acre ..rdmum $350.00) After the -Fact ^ees 3 Application Fee COMEfER"IAT 11 -g P1:P" Ske*c' Plan ,Vass I, i. 6 TIT) $ 150.00 Pr^ 1 nary Fe,,icw ' .ad I f I i .: ubdi , isions , $ 250 . 00 r-.__imina�, P view $ 300.00 plus $20.,;0 rer 1 (Llas3 III and all nor.-r£si.dentia?) ($360/3 !Dta; $380/4 lots) Fint-i Plat Review (Class TII) $ 150 4- special. legal �r engineering r g e s Fi 1.; ; S ai P._ Only 75.00 1) 1 Plat + Easemen.. a t'cl,enants $ 150.00 . arje 1 of 14 ZONING APPLICATIONS (CONT) Application Tyne ?UBLTC: "ROPERTY VI-CATIO1, Applicable Fee ^ode Section $ 50.00 per benefitting property $ 250.0.E minimun, per application EASEMENT V _'ATIONS WITH SUBDIVISION APPLICATIONS $ 50.0 EASEMENT VP—ATIONS NOT ASSOCIATE) WITH $ 150.00 SUPLIVISt-N APPLICATIONS ZONING AMENDMENTS INCLUDING P.EZONING $ 250.00 REQUEST TO AMENP COMPREHENSIVE PLAN 0 250.03 SPECIAL IMPROVEMENTS Non-re.-ndable c,Larges for City Engineer's review of application- and design drawings, including construction inspection fees. If improvements are proposed as pant of a Subdivisioi:. Review C ges are paya' lc. � Preliminary Plat application. Proposed Frivate Roads Proposed Public Roads Request for City to accept existing private -d Pi: ,nosed So— r Main Extension Proposed 'eU in-AtPllSion Proposed S'. :ewer System (excl4 ; culverts) On -Site System - Site Evaluation Review (applicable to rural subdivision applications) _cIP RAP Staff review (normal rip rap) Unusual. rip rap: i) new installation 0 repair existinq APPEAL TO PLANNING COMMISSION (of Zoninq Administrator decision) INtrJSTRI �:. REVENUE BOND APPLICATIONS M.Mimum Prcject Valuation: S250,000.00 A.ppl ,-at i on Fee: $ 500.00 plus 500, -al foot $ 9'J0.00 plus 500 �11 foot. $ 600.00 $ 250.00 plus $5.00 per stub $ 250.00 plus $5.00 per stub $ 200.00 y 30.00 per new lot proposed for on site Charge CUP review + $100.00 l.ermit. Staff permit = $100.00 $ 100.00 0,'1 of project valuation ($2'_o. , m`nimum) plus $5,J00.00 deposit for legxl;administrative expense Page 2 of 14 ZONING APPLICATIONS (CONT) Application Type Applicable Fee Code Section SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: ..,rofessional Time $ 25.00/hour Clerical Time 15.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER -THE -FACT APPLTCATION INVESTIGATION FEES Resol. 1306 (Applies to all application types including variances, cr.,nditional use permits, subdivision, zoning amendments, rip rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits). Whenever any work, use or division of land for which a formal application is required has been commenced without fir - t making such application and receiving City approval therefore, a special in, .tigation of the circumstances shall be made during the application process. because o: the extra administrative costs involved in the special investigation, th- m.j-nimum application fee for after - the -fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after -the -fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. kfter-the-fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Page 3 of 14 ZONING APPLICATIONS (CONT.) PARK VEDICATTON FEES Ord. 220 Cash contributions in lieu of land for use in t' acquisition, development or maintenance of Fnibli.c parks, playgrounds, storm water holding at -as and debt retirement in connection with land previously acquired for such public purposes. Residential Development - gash contributions dedicated shall be according to the following table: Dwelling Unit Density A B C D E (The greater of proposed density Single Single Duplex Mult. Existing or zoned permitted density) Existing New _ Per Bldg Per Unit P . acres/d.u. d.u./acre 5.00 or more .20 or less $ 50 $100 $ 250 $150 $0 2.00 to 4.99 .50 to .21 150 200 500 300 0 1.00 to 1.99 1..00 to .51 3s() 400 1000 600 0 .50 to .99 2.00 to 1..01 390 440 .1100 660 0 .31 to .49 3.00 to 2.01 430 480 1200 720 0 .2 .32 4.00 to 3.01 470 520 1300 780 0 .1. .24 6.00 to 4.01 510 560 1400 84J 0 .15 or less 6.01 or more 550 600 1500 90 0 K._1' A Single Family Residence, Existing Vacant Lot: fee to be paid with building permit for new residence on previously platted property or; if vacai,t land is subdivided, fee to be paid with subdivision for the one "existing" residential lot. B Single Family Residence, New Lot: fee to be pain witr, subdivision for each "new" resi-iential lot, C Duplex Residential: fee to be paid with building permit or with subdivision, whichever occurs first, for each duplex bui ld-n- (duplex is defined as two attac.►ed single family residential unite! Should an existing single family residence be converted to duplex, the fee shall be one half of the schedule amount due • the building permit. D Multifamily Residential: fee to be pc-_o with building permit with subdivision, whichever , ..,:ri. first, for each residential un in a multifam,.ly (three or it:_: a units) building. E Existing Residential: no fee is required for existing principal resi.dentLal units. PARK DEDICATION FEES Commercial or Industrial Development - Cash contributions dedicated shall be at the rate of $500.n, per acre f gross land area, to be pail with building permit for pr ncipal structure or at the time of subdivision, whichever occurs first. Page 4 of. 14 CONSTRUCTION PER, iTS AND INSPECTION Fr ES rermit Type BUILDING PERMIT Minimum Fee Normal Fee Plan Review Fee: Commercial Residential Applicable Fc:e Code Section (Ord.216) $ 25.00 (per 1982 UBC/SBC Standard Schedule) (per 1982 UBC/SBC Standard Schedule) 50% of Building Permit Fee CERTIFICATE OF OCCUPI&hCY WITHOUT BUILDINC PERMIT $ 30.00 DOCKS - RESIDE6TIAL $ 25.00 DEMOLITION PERMIT Principal Use Accessory Use PLUMBING PERMIT Mail -in postage & handling charge MECHANICAL PERMIT (Ord. 216) $ 30.00 $ 20.JO $ 4.00/fixture $ 25.00 minimum/project $ 1.50 $ 2.00/fixture reset (Ord.216) Minimum Fee for any Mechanical Permit $ 25.00 per project Mail -in postage & handling charge $ 1.50 Residential, Single Family & Duplt ')y Unit Type - furnace or boiler with flue $ 20.00 each unit - wood stove with flue $ 30.00 - wood combination or add -on unit $ 30.0n - fireplace with flue $ 30.0., each unit - central nix conditioning $ 20.00 each unit. - exhaust fans (bath, kitchen, attic, etc) $ 5.00 each location - solar space heating equipment $ 50.00 each system - solar water heaters $ 20.0^ each unit - repairs and replacement of the above same as above fine sprinkler systems $ 20.00/project - fuel storage $ 20.00 permanent $ 10.00 temporary Gas Line Inspection High/Low Pressure S 30.00 Page 5 of 14 Commercial, Industrial and Multi -Family Residential by Unit Type - residential type equipment per schedule above - furnace, boilers, unit heaters, and makeup air units $ 4.00 pez 10,000 btuh output - central air conditioning $ 10.00 per ton AC - exhaust fans $ 10.00 each - refrigeration $ 25.00 per compressor fixed equipment with steam, hydraulic or compressed air system fire sprinkler systems - fuel storage Page 6 of 14 $ 2.00 per connection $ 2.00 per head/first 50 heads - .30 per head after initial 50 Plan reveiw 1/2 permit fee $ 20.00 permanent $ 10.00 temporary CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Permit Type Fee MUNICIPAL CONNECTION PERMIT Sewer $ 30.00 Water $ 30.00 5/8" meter $ 95.00 3/4" meter $ 130.00 larger meter quote basis Mail -in postage & handling charge (sewer, $ 1.50 water permits only) ON -SITE SYSTEMS Applicable Code Section (Crd. 210) Design Review Fees Included witi• permit fees Subdivision Site Evaluation Report Review $ 30.00/per new lot kesidential System Permit: Replace drainfield or replace 1 or more tank$ 30.00 Replace drainfield & replace 1 or more tanks$ 50.00 New residential system $ 75.00 + $15.00 per inspection over 3 Non -Residential System Permit: New or Total replacement Partial Replacement Outhouse Construction (New or Replacement Big island Only) Annual Service Charge INDIVIDUAL WELLS Installation Permit GRADING, EXCAVATION, FILLING Design Review Fees (;staff only) ,ngineer. i ng fees $ 100.00 + $20.00 per insp over 4 $ 60.00 + $20.00 per each inspection over 2 Based on Building Permit Schedule ($38.00 minimum including Plan Review) $ 20.00/system/year plus 10% late penalty for unpaid charges certified (Ord. 221) $ 30.O0 $ 25.00 Minimum 1-100 cubic yards ( ex 10 loads) $ 50.00 (staff permit) 101 cubic yards or more S 100.00 + Cond. UsQ Permit + 25-00 per inF;* -tion for each over first inspection NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of a building per:rit.. SIGNS Temporary 25.00 Permanent (Per 1982 UBC/SBC Standard Schedule) 11:1zf� V ; '! 1.1 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Applica:).e Permit Type Fee Code Section BUILDING MOVING OR LIFTING (Ord. 227) (Fees for this activity are in addition to required building or demolition Permits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort; service on oversize movements.` E - Lifting accessory buildings $ 30.00 (no move across lot lines) - Lifting principal buildings $ 75.00 (no move across lot lines) (include pre -lift inspection fee) - moving accessory buildings within normal No moving permit required highway clearance (max. & ft wide/max. 1.3'-6" high/max. 45' long) - ,;loving accessory buildings over any of line, $ 100.00 onto or off any lot within Orono (includes oversize loads up to 12 ft wide and/or 15 ft high). - Moving principal buildings over any lot $ 150.00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or terminating in Orono. (includes all oversize loads exceeding 12 ft wide and/or 15 ft high) - Pre -move code inspection, principal buildings: a) Building within Orono to be relocated within Orono $ 50.00 b) Building outside Orono to be moved into Orcno (max. radius 25 miles) $ 150.nn SPECIAL INSPECTION CHARGES Site Inspection without permit (when called by owner) Inspection surcharge for work or application on Big Island or :peering Islan.i Reinspect.ion Fee after failure to omply with Building or Zoning Code Correction Notice Inspections outside business hours Paola 8 of 14 $ 25.00 per trip $ 25.00 per trip t Boat rental $ 25.00 per trip $ 25.00 per hour (min 2 hours) CONSTRUCTION PERMITS AND INSPECTION FEES (CONT) Permit Type FIRE PROTECTION Fire Prevertion Inspection Fire Code Permits Commercial Fire Alarm Plan Review Fee CONTRACTUAL INSPECTION SERVICE Monthly Retainer Fee inspection Charge Plan Review Charge LICENSE:: & MISCELLANEOUS CHARGES Zoning Department Administered COMMERCI-iL MARINA LICENSE Application Fee (initial) Renewal Application & Inspection Fee (annual) plus: -each slip on water -each dry clip inside or in racks -each boat -nit on lard -late fee JOINT USE DOCK LICENSE Fee No Charge $ 30.00 each $ 100.00 $ 50.00 Per Contract Applicable Code Section Ord. 223 $ 25.00 $ 20.00 per hour SBC/UBC: Schedule $ 300.')O+slip & boat fees $ 200.00+slip & boat fees $ 2.00 $ 2.00 $ 1.00 $ 150.00 Application Fee (initial) $ 50.00 Renewal A.)plication Fee $ 20.00 Plus each slip $ 2.00 Late Fee $ 25.00 SEPTIC INSTALLERS LICENSE - Annual $ 25.00 GARBAGE HAULER LICENSO - flat rate $ 30.00 per hauler ($15/truck) $ 15.00 transfer fee $ 30.00 PUBLIC' DUMP LICENSE None Permitted Page 9 of 11 LICENSES & MISC' _.ANEOUS CHARGES (CONT) Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) Municipal Code Book Individual Chapters of Municipal Code On -Site Treatment Code On -Site Design Manual City Maps Building & Planning Publications Land Use Application Signs Service Fee - Pickup or delivery of sign General Administrative Licenses Cigarette Sales License - per quarter Gambling & Raffle License Solicitation License General Administrative Documents Realtors Listing Information Assessment Searches Copy Service (for public City rc-cords only) -first copy - a,! ::'.zonal copies Inc : vidual Copies of ordinance_; ! 1 copy) DOGS & KENNELS _ i cable Fe(. k-ode Section $ 30.00 $75.00 W/Binder $50.00 W/Birder (1 vol.) $50.00 W/O Pinder $ 25.00 $ 2.00 $ 5.00 $ 2.00 each As Posted - Prices Subject to change $ 50.00 Deposit (deposits not returned if sign is damaged or lost) $ 10.00 $ 5.00 5.24 $ 10.00 5.23 $ 20.00 5.30 $ 5.00 $ 10.00/parcel $ 1.00 $ 0.25 each No Charge Applicable Fee Code Section DOG LICENSES 9.12 Biannual License (issued in odu years) $ 15.00 Annual License (issues in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application Inspection Fee $ 100.00 (annual ) Residential Application b Inspection Fee $ 25.00 (Annual) Note- Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE - RELE.ASL•' FEE 9.12 First Offense 20.00 Second Offense S 30.00 Third Offense $ 40.00 All Fees, plus kennel charge, payab to kennel Page 10 (.�f 14 LICENSES & MI SC ELi_ ':NEOUS CHARGES ( CONT ) FOGS & KENNELS ANIMALS AT LARGE (Other *han dogs) First Offense Second Offense Third Offense Trace & Catch Animal Trailer Cha.-ge CARE O14 IM1190NDED ANIMAL Police Department Administered BEER. WINE & LIQUOR LICENSES Initial Invest.igatior Fee On Sale Liquor Licens, On Sale Wine License 3.2 Beer Off -Sale (annual) 3.2 Beer On -Sale (annual) Setups (annur._ ) Club Liquor License (weekday) (Sunday) Tempore l*v Set-up ) ; mi t ( one (Jay) Tempora, y Beer pern,:t (one day) AMUSEMENT DEVICE LICENSES Per stabliahment (%. 1) Per machine fee THEATER LICENSE (annual) PUB'.IC DANCE LICENSE (annual) (individual. F .mit) LARGE AS%rMBLY PERMI"' FIREWOPKS PERMIT FIREARMS P1 RMIT ( limited use) Annual (Club Only) LIMI"ED ")RAPPING PERMIT PERMIT FOR PARADES & SPEC.AL FVF:NTS Pli 1(2 1 1 :.'i Appl -.cable Fees Code Section 9.13 $ 20.00 $ 35.00 $ 50.00 $ 20.00/nour $ 20.00 plus 250 mile (total distance) Actual Cost Applicable Fec Cade Section $ 150.00/person Resol. 1306 $4,000.00 4.3G $ 750.00 4.40 $ 25.00 4.20 $ 75.00 4.20 $ 100.00 $ 100.00 4.50 $ 40O.CO 4.50 $ 25.00/each 4.61 $ 15.OG/each 4.21 5 . ZC $ 100.00 plus mach- fee $ 25.00 each $ - 10. 00 S. ij $ 100.00 5.:1 $ 10.'.)0 5.21 $ 5^.00 5.25 $ 10.U0 9.30 $ 10.00 9.i0 $ 25.00 $ 10.00 9.11 "rd.232) M i.243 ) Z> 25.00 6.08 LICENSES & MISCELLANEOUS CHARGES (CONT) Police Delirtment Administered FALSE ALARM USER FEES Firs 3 false alarms/calenda year (1-i total) Next 7 false alarms/calendar year (4-10 total) Next 5 false alarms/calendar year (11-•15 total) Each additiona' false alarm over 15/calendar year FINGER r:,INTIN(; SERVICE COPY S IRVICE Fi rat Copy Additiona' Zopies Applicable Fee Code Section No Charge $ 50.00 each call r, 100.00 .ch call 50.00 each call S 10.00/ap ication (citizenship n/c) $ i.00 $ 0.25 each ACCIDENT REPORTS S 00 each "NO PARKING Oa DER OF I LICE' PAeLA c1Gt%S $ .25 each FUBLIC WORKS DEPARTMENT M: ,ELLANEOUS CHARGES Utility Service, mates - Effec•:ve date January :, 1984 K)NICIPAL SEKTR PATE by un :. $ 42.90 per quarter by f low: $ 2.10 per quartet /oorave<tion plus $2.0:.'1000 gallons MWICIPAL WRIAW RATES Area #1 Navarre Billing & Paody to Serve Chg $1z.F5/qtr. Water Useage Rate $ .. ^ ,/,000 dal. Uxxt�lrtact�ed Property Ctx, $13.85/qtr (ftft3y to Serve/E#ydrm ;'hg ) ;a #2 9 $6. 25/qtr 50/1006 gal i>_rea 13 ?d_ayzata $5.35/gtr $1. 47/1000 c,al. _0- Bulk sale to Minnetonka Beacn for Lafayette Ridge krea - AieL tl Rate $13.85/qtr billing chg. plus $1.03/1000 gallon total flow at border meter. Pen;.:ty for late payment of sewer; ,'•,,att i hills - V * after 45 dayr fr )m b: 11ing da' : Water Turn -On $1� JO Water Turn -Off 511.00 Water (stem Repair/ReplAcement if damage cause : 'eTty owner: Labor - Current Hourly Rate Parts - At Cost PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT) GOLF COURSE CHARGES - Effective date 1985 Season Fee Monday through Friday (Excluding Holidays) Begin Play Before 12:00 noon 1st Nine Holes $ 4.50 2nd Nine Holes $ 3.00 After 12 noon and Weekend rates 1st Nine Holes $ 5.00 2nd Nine Holes $ 3.00 League Rates Monday through Friday $ 4.50 Senior Citizen (Over 60 Years Old) Begin Play Before 12100 noon let Nine Holes $ 3.50 (Weekda^s) 2nd Nine Holes $ 3.00 (Weekdays) 1st Nine Holes $ 5.00 (Weekends) 2nd Nine Holes $ 3.00 (Weekends) Season Ticket (Senior Citizens Only) $90.10 Golf Cart Rental Motorized 1st Nine Holes $ 7.00 2nd Nine Hales $ 6.50 Pull Carts - Per Rouno $ .75 Golf Clubs - Per Round $ 2.00 Concessions As Posted Page 13 of 14 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT) PUBLIC WORKS SUPPLIES 6 SERVICES Fee Street or Traffic Signs 5 75.00/std. sign (sale includes installation) Driveway culverts On Quote Basis (sale only, not installed) Water Meter Sales (See Building Permit Section) Inspection/Consultation Fees (Same rate as zoning staff surcharge) Driveway/Curb-Cut permits Individual Driveways To Be Established Now Street Intersections (See zoning section - special improvements fees) SECTION 2. This ordinance establishing the 1985 fee schedule shall be published in the Lake Minnetonka .bun and Laker Newspaper and shall be effective upon publication. Adopted by t) City Council of the City of Orono on thix loth day of January, 1965. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page. 14 Of 14 TO: Mayor and City Council 'ryfr( - - PROM: Mark Bernhardson, City Administrato' i DATE: December 4, 1985 SUBJECT: 1986 Salary Schedule - General Employees Attached please find the individual as Iary schedule as reflected in the budget with a 59 increase for general employees. It is anticipated that once the results of the comparable worth study are available that there may be additional recommendations and. salary adjustments in 1986. The comparable worth study by Control Data Corporation is running about a month and a half behind schedule and it is anticipated that we will have initial results about the end of December. To date we have had two negotiation sessions with LELS for their 1986 contract, however, at this time have not reached substantial progress to be able to report at this time. As mentioned previously the current negotiation posture is to maintain internal equity with the other staff on many of the compensation items together with the 49 increase on salary. RECOMMENDATION - That the Council adopt the attached salary ec�d'u1a iesoTut:on for general City employees for 1986. PROPOSED MOTION - Moved by , seconded by , that the City Council adopt Resolution establishing lnitia� salary schedule for 1986 for general employees. Ayes _, Nays City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ESTABLISHING SALARIES FOR CITY EMPLOYEES FOR 1986 BE IT RESOLVED by the City Council of the City of Orono, Minnesota, that initial salaries and wages for City employees be established as follows, effective January 1, 1986: NAME POSITION 1985 SALARY 1966 SALARY Mark Bernhardson City Administrator $44,090.00 Dorothy Hallin City Clerk 21,254.52 22,317.25 Theresa Haab Administrative Secretary 16,211.52 17,622.14 Melvin Kilbo Police Chief 38,241.21 49,153.27 Winton Burmaster Aset. Chief of Police 33,099.94 34,753.99 Gary Cheswick Sergeant 32,599.84 34,229.83 Sue Bobtien Police Secretary 16,937.86 17,764.75 John Gerhardson Public Works Coordinator 37,500.08 39,375.00 Jack Brinkhaus Street Foreman 29,580.90 39,975.06 Steve Hansen Street Dept. LEO 22,388.17 23567.50 John Sass Street Dept. LEO 22,388.17 23:507.SB Dale Skreen Street Dept. LEO 22,389.17 23, 597.50 James Gregory Street Dept. HEO 24,936.43 26,103.2S Frank Mross Senior Maintenance Man 19,267.66 20,231.2S William Carlson Utility Foreman 29,246.64 30,702.67 Jerome Smith Utility Mechanic 23,664.71 24,847.95 Wayne puas- Utility Mechanic 23,644.86 24,827.15 Thomas Kuehn Treas/Finance Director 34.665.28 36,390.54 Joanne Lattin Deputy Treasurer 21,254.52 22,317.2S Charlotte Knutson Acc. Clerk/Posting ClerK 17,997.83 18,697.72 Jeanne Mabusth Zoning Administrator 31,762.21 33,359.32 Michael Gaffrcn Asst. Zoning Administrator 26,120.64 27,426.67 Thomas Jacobs Building Inspector 25,999.36 26,354.33 Lyle Oman Field Inspector 16,224.09 17,035.26 Lorraine McGowan Liquor Store Manager 27,339.18 28,766.14 Patricia Higus Asst. Liquor Store Manager 15,159.49 15,917.46 Dian Ehrenberg Liquor Sta•e Clerk 14,402.96 15,129.66 Ronald ,teffenhagen Golf Course Supt. 25,039.19 26,291.15 page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. PART TINE POSITIONS NAME POSITION 1985 SALARY 1986 SALARY Carol Hansing Aest. Police Secretary $6.49 per h[ $6.81 per hr Connie Manuel Liquor Store Clerk 5.60 per hr 5.88 per hr Blake Thies Liquor Store Clerk 5.00 per hr 5.25 per hr Richard Sievers Liquor Store Clerk 5.00 per hr 5.25 per hr Pati Peterson Recorder 7.09 per hr 7.44 per hr Amy Klaers Copy S File Clerk 4.90 per hr 4.30 per h[ BE IT ru RTBBB RBSOLVEO that mileage for City use of private cars on City business be reimbursed at $.205 per mile. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held December 9, 1985. ATTEST: DorotFyM. Ha lin, City Clerk ry c. butler, page 2 of imG TO: Mayor and City Council '��'}11}\\ rRW1 Mark Bernhardson, City Administrator�k DATE: December 4, 1985 SUBJECT: SPECIAL COUNCIL MEETING - MONDA'Y, DECEMBER 23, 1985 AT 5:88 P.M. Just a reminder of the s, xial meeting set for December 23rd principally to review and award insurance bids for 1986. PROPOSED MOTION - Moved by , seconded by , the City Council has been informed of the special meeting set for December 23, 1985, at 5:98 p.m. Ayes __, Nays _ TO- Mayor and City Council TROM: Mark Bernhardson, City Administrator`(� DATNz December 5, 1985 SUBJ®CP: Police Employment Presently the successful candidates from the oral review process have been undergoing the appropriate medical and physiolgical evaluations for our consideration this past week and we should have results by the end of next week. It is our intent that we would like to hire the ner,essary persons in the following order (it is not anticipated that our number one candidate will be available to us prior to 1 January): Officer 41 - January 1, Officer 12 - January 1, Officer 43 - January 15, Officer 44 - rebruary 15 or earlier should Mr. Gregg Griffiths no longer be an employee or ours prior to that date we would recommend an earlier hire of the last individual. In addition , Mr. Brian Clark and absent any contary indications in either the medical or physiolgical evaluations it is requested that Council grant the Administrator the authority to hire the following persons for the position of. Police Officer in the order that is deemed appropriate by the Administrator and the Police Chief and the dates listed above. JAMES CORNICK, JR. - Mr. Cornick graduated from Albert Lea Senior High in 1966 and spent three years in the United States Military Acadmey at West Point. He returned to school at Normandale College where he completed his law enforcement degree in June of this past year, he is presently POST certified and has been a Reserve officer for the City of Hopkins for two years, engaging in many routine and quasi enforcement activities associated with the Hopkins Police Departmei t. Mr Cornick has for a number of years been in the sales field and is at this time making a career change. HARY M. HENSEL - Ms. Hensel is a graduate of Centennial Senior High in Circle Pines in 1979 and is a Bachelor of Arts graduate from the College of St. Thomas with a major in sociolgy and a concetration in criminal justice. She has been employed for the past two years as a correctional officer with Anoka County regarding intake of prisoners, security checks etc., has been an Anoka County Park Ranger for a period of two years and as of the last three years been a reserve member of the Anoka County Sheriff's Office engaged in assisting patrol funs i,on.: with the County Sheriff's Office. MARK THUMTON - Mr. Thomton is a 1966 graduate of Benidji High School and has recently got his Bachelor of Arta degree from flormandale College. He has been a member �f the Orono Police Reserve for the past three years and has been head of the Reverse unit for the past year. Mr. Thomton was at one time an individual who operated his own business in Mound, Minnesota and following that has been engaged in both mail carrying and security jobs while undertaking his studies for law enforcement In order to effect his career change. Once we have received the appropriate evaluations from the outsi,3e sources we will make the final determination on these People and should a change in candidates be warranted we will bring that back to you at that time. RECOMMENDATION - That the City Adminietrator be authorized to hire -We appropriate personnel from .he names listed on the appropriate dates. PROPOSED MOTION - Moved by , seconded by , that the Administrator be given the aW:ho[ity to employ t(ia individual from the above lists that meet all the City*< criteria on the dates listed. Ayes , Nays ;b u TO: Mayor and City Council 11� FROM: Mark Bernhardson, City Administratot` - DATE: December 4, 1985 SUBJECT, Senator Dave Durenberger's Staff visit, THURSDAY, DECEMBER 12, 1985, 1:30 TO 4:00 P.M., ORONO CITY COUNCIL CHAMBERS This is to inform you that Senator Dave Durenberger's staff will be available to the City and the public for discussion regarding matters handled on the federal level at the above referenced timer and place. One of the issues that we will bringing forward to discuss with the staff at that point are the problems that we have encountered in gaining approval for our Community Development Block Grant special assessments program that we have attempted to establish for the Crystal Bay neighborhood. Following discussions with the staff people we will most probably be sending a letter to Senator Durenberger's office together with a copies to Senator Boschwitz and Congressman Sikorski's office. REACH.FDT 26-Nov-P5 18:27 *CIT Z9 OF ORONO FOR IMMFDIATF RFLFASF. FCR FURTHFR INFORMATION: JCN SCHRCFPFR - 612/349-5111 toll free - POO/752-4226 DUPFNPFPOFP STAFF TO CONDUCT "PFACK UT" IN ORONO U.S. Senator Dave Durenberger (R-Minn.) announced this week that his Minnesota Y A•f will be conducting its "Reacnnut" program in Orono on Tnrusda„ December 12. Senator Durenber er's staff members will be available to meet witn residents from 1:30-4:00 p.m, in the Council Chambers at Orono City Hall, 1275 Brown Road S. "Individuals who are having specific difficulties with federal programs or would like to express their opinion on various issues should feel fre to stop by and meet with a remP)er of ry staff," Durenberger sold. "It would be particularly helpful if individuals bring with them documents or letters wnlen can be used to follow-up on concerns or problems which they might have." "My office frequently rec-tves CAlls and letters on problems which Individual constituents may he having with various federal programs," Durenberger said. "Our intent in conducting "ReacOout" programs such as this Is to rake It as convenient as posrible for individuals to bring tnair concerns to my attention." ru,enberRer was elected to toe U.S. Senate in 197e and was re- elected in 1982. He chairs the Senate's Select Committee on Intelligence and also serves in the Senate Finance, Fnvironrent and Public works, and Covernmental Affairs Committees. -30- 1f / TOi Mayor and City Council I FROM: Mark Bernhardson, City Administrato#, ." DATE: December 5, 1985 SOBJWT: Administrator's Information CRYSTAL BAY SEWER - This is to inform you that the project has been -i ut own or the winter and that the vast majority of the pipe, approximately 958, is is the ground. The only amount that isn't in the ground is the st.etch along County 15 together with the line that has to pass near County 15 to serve Paul's Landing. The lift station is presently in service, however, there has not. been a formal turnover from the pump company due to a concern regarding payments. Presently people are being allowed to hookup and some persons have taken advantage of it at this time. Additionally it should be noted that we have had approxim.tely 8 to 10 applications for the connection grant program, as of our 1 December deadline for application submission. As for the status of the appeals Mr. Radio is currently negotiating with American Appraisals to finalize price and work to be accompolished together with types of valuation and assessment appraisal to be done. We'll report to you on the results of that once they become final. C.D.B.G. - SPECIAL ASSESSMENTS PROGRAM - One of the means of eh Iping -$ear ay tie coat oT tFe pcogc.. �n for low and moderate income resid.nts in Crystal Bay was development of a special assessments grant program for qualifying individuals through utilization of approximately $30,006 in C.D.B.G. fund•. Because of a change in the law/rules/interpretation we are currently unable to get approval from [IUD on this program. We will be discussing this matter with Senator Durenberyer's staff when they are here on December 12, 1985. While the explanation of the problem could be rather long the upshot is based on the regulations we can not specifically pay a portion of special assessments unless we pay in total for all special assessments of all low income people in Crystal Bay neighborhood. This iE problematic i�, three respects: - Inability to necessarily have all qualifying applicants come forward in time for distribution very poseibily leaving the City with a contingent liability under the C.D.B.G. rules - Inablility to have enough :unds to pay for all special assessments for all the low income people In the neighborhood - Absent the ability to `ave either of 'hose the City is unable to use any of the funds :o r, off special assessments or participate in the project whatsoever based on the current unierstandiog by the local HOD office. we .re undertakin best efforts at this point to res -ve this matter to Orono' :action either through an _zaminat:on of the current rul interpretations or if possible thrr.ugh an appropriate varial, ocess. HARDCOVER - The City this week has discussed ways of amending our la A^.over regulations with personnel from Hennepin County Soils a-6 Water off iL,. The discussion resulted in a transmit and they indicated that they will be transmitting some information that maybe helpful in dealing with the water quantity and quality aspects of run-off as they relate to lakeshore lots on a lot by lot basis. We are attempting to develop something to use a more emperical approach to hardcover for run-off purposes, abse,.c specific aesthetic considerations, in advance of development of Orono's stormwater management plan. As fez as stormwater management plans are concerneC Minnehaha Creek Watershed District has indicated that they will have a draft plan in the first months of 1986 for revie• and hopefully that they will have a plan ready for adoption n June of 1986. Based on this it is anticipated that we woula be able to initiate such a study in the first six months of 1986 and perh.ps actually have a doccment in hand that has been reviewed and approved by the end of 1986 or early 1967. As mentioned we are expecting such a plan would serve a needed link between the City's Comprehensive Management Plan and goals of protection of its natural resources and the specific policies it has its land use plan as means to achieve those goals. ADMINISTRATOR'S GOALS SETTING - Attached is the end of November's s atus report on [Fie current goal setting. GOLF COURSE - Park Commission will be meeting hopefully sometime n anuary to discuss the issue regarding tLe Orono Golf Course. STUBBS BAY SCHOOL - 7ohn Gerhardson is presently trying to eestaaUTTifi a mutually convenient date with kathine Cram, Tim Adams, John Hammerel and Barb Peterson to discuss possible avenues of utilization and property ano defication for the original Stubbs Bay School. ARM C •has COMNNITY DEVELOPMENT Nighray 12 Coctidot Redevelopment 4 OD6L SJVrTlw chary 7'I/as wP1Y * 7/11/65 CITY Q 0600 ary6O . 6/12/6s StVIY 11/56/ss 66i MARK a. 6a666uwaO6 CITY apil�lSSYYOa 5-1-IS TO 4-16-66 Oala Vvwl OEM MATUX Initiate study a/t/$$ 4-85 Cow.Xcmd staff roc 6 CattY Out Study as 9-26-15 Kick off o ti.g Outlinod by Phase 16/26 Ph..e I caPlote 12/2 Cow.nce Maw 11 Complete Phase 6 / 36/66 Develop Strategy 12/31/95 :niti<te study 11-6s IoitI.1 D1racLona to CWnciI 12/P/65 Cowence Xa v.tt< Study 5,�1!66 APBA o�Af. AQA Environmental Protection ORGANIZATIONAL DEVZLOPMLNT Management Team Goal Setting Co_ cil Communications CM&J Tt. BA99i Crystal Bay Project Complete 5/a6 Stubbs Be, Need. A.....mm of Project Feasibility Consider Project Commence Project Assess Project Complete Project Corporate York Plan oepattment Read Coal setting initiate one on one Nearing. 1/66 1!96 5/96 9i96 11166 11-95 - Bat ➢'. lstd/Protect 451 complete Commence 19-65 Na". A.me..or to Court 1 11 Is 6/65 1...4 9-1-95 Completed inr ua. 6-95 Staff pevelopment 7/85 Days 11/16 . 12/19 Continue on monthly:' 5/65 bimonthly ba.ua AREA GOAT. AYf1 ORGANIZATIONAL MMAGEMENT Personnel Rules Compensation Plan Evaluation System ENTERPR:2E OREMTIGNS Liquor Store Golf Course 4 M71NDTIM DATER Start Review Proposals 6/7/95 Submit to Council 6/e5 Interim Study Vas - Salaries - Benefits Compatible Barth Study 11!65 Developed for all Employees 9i65 Ispleaented 12/65 Develop Business Strategy Plan 16/85 Dtterml.-e Decision Points is/as Develop BuSineae Strategy Plan 11/95 9-15 to Attorney To Council 11/12/85 Approved 11/]5/9S Bubastted 9-9-95 Approsed 9-26-65 Proeeedinq par schedule . asserted Dept Heads Evaluatloe 11/95 19-65 Preser_ly developing To Council 12 9'65 11-65 De velopi Py general plan for al: departments 12-95 Commence Golf COutee More LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF December 9, 1985 Mr. and Mrs. Frank Kokesh - Home Occupation Licence 4100 Watertown Road Sell by Mail Order/Telephone tack, silk etc. I . I License No. OM-4 W�,g APP.:.!::ATION FOR HOME OCCUPATION - 20.0 fee.,—J Date Orono- Municipal .Code Section 5.40 $ J4�-(n0 Date Expi.ca it1'f/ FS CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Name: Mr. and Mrs. Franc Kokesh Address: 4100 llete•tnan Road, Orono, Minnesota Number of Employees within operation One 473-1489 Phone 476-0457 Provide list of Names of Employees on back of this application. Description of Request Sell by mail order or telephone, tack, silk and other related Stems PERMIT MAY EXPIRE IF ANY VIOLATION OCCURS. CITY STAFF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE. IF A SITE INSPECTION IS REQUIRED BY CITY STAFF, THE REVIEW TIME WILL BE EXTENDED TO TEN (10) BUSINESS DAYS. -------------------------------------_----------------------"------------- ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO MUNICIPAL CODE SECTION 10.20 BOND 4(C) Prohibited Boma Occupation Practices. A. It is unlawful for any business operating as a home occupation to engage in operation without proper licensee. B. All persons engaged in the business must reside in the dwelling. C. No commercial signs permitted other than signs permitted in a residential zone. D. No excessive stock in trade may be stored on the premises. E. Over the counter retail sales is not allowed. F. Entrance to the home occupation must be gained fromwithin the structure. ..---------------------------------------..._------------_------------------- The undersigned hereby agr e t th A tions quoted above from the Orono Municipal Code and any add i �r ments the City staff may av[. k' i/ Signature of Applicant: Date: 3 ---------------:------_ - ------------------------------------------- FOR CITY USE WILY• After review of application, staff recommends the following: Approval of application Denial of application Signature of Zoning Official Data: Signature of Fire Inspectors Date: -------------------------------------------_---_-------_-_-_--_-_-----_--- (OVER) am - 331. NAMES OF EMPLOYEES (Employees must reside in the dwelli%,g) Name: Susan W. Kokesh Name: Address: 4100 llatirtown Road, Orono, MI Address: Phone: 477-1489 or 476-0457 Phone: License No. License No. Name. Name. Address Address: Phone: Phone: License No. License No. Name: _ Address% Phone License Nar'r: Address: Phone: License No. (I- additional names, please attach list) CITY OF JIONO J / P A Y :43JL e�uc ��� lB5- Y-T-) - - - EN�L NO AXE 3IV GROSS GROSS EKP/A:LO ANJERSON 3L 31 33525.17 1152.32 3CRNHAROS3 ME 12 25892*49 1&92.32 BORZILN ;A 31 15666,40 651.44 BRINER CA 90 168,00 0000 iRINKNAUS JF 42 2)166.)5 1393.92 BURNASTER J'3 31 32293.41 1273*34 CARLSON di 42 28397002 1166,41 CHECK JM )0 130,35 0.00 CHESWICK G9 31 32)65.57 1S12.51 COMUNOS o 30 318.15 0.00 EHRENBERG OL 43 11892.37 i53.44 EVGLISN 11 IH $1 19?10-i8 39).40 E RIMON OJ 33 203Oo4O 3.00 E9ICKSON KR 31 3453).70 1247.3S FRITZLER JM 31 33750.12 1323.17 GAFFRON 4P 33 25077.35 1004.53 GALLO OE )3 686051 0.00 GERHAR3504 JR 42 35957.64 1442.52 GRE60RY 3D 4? 24179*84 1255.65 GRIFFITHS 5E 31 16374.81 460011 HALLIN )M 12 20439*23 93?.i5 HANSEN iC 42 22583.94 1199.14 HANSING CJ 31 6299.07 233.54 HENNING JR 9J 190M039 0.00 41GUS 2A 93 14626*48 345004 JACOBS TJ 33 25852.91 1110.16 JOHNS RJ 40 0490 0.00 JOHNSON 9P 31 31315.t3 1231*Y4 KIL90 NM 31 16713044 1470030 KIRNTCLUK M 31 3278be48 1152.32 KLAERS AN 12 121 L70 116.00 KNUTSON CA 15 1/272*$3 532.14 K RI MMEL 11. )3 0000 0000 KUEHN TM 15 33234.00 1333.24 LATTIN JC IS 20411*23 111.52 MASUSTM JA 53 30493.29 1J21.60 NANUFL CM )0 5329.99 324.90 MCGOBAN LR 90 26241s12 I051.52 NOR ONCLY NS J Sl 32305.01 1239.14 NRJSS °T S1 19316.34 #56.40 NAAB IL 12 1SS19.22 429.i2 OAS 30 )3 656000 00 04AN LE 33 15576*03 :24.00 PALRLR 14 $1 421.13 1.JO PEARSON ;C 31 33172044 124).15 PLIERSON `L 12 1583*25 405.55 PLTERSON RJ 41 10T6.00 3031 PROVO 9J 12 3?20 J 3 %301% OU1'iT 104 02 23901.45 1144.11 RJYCRA=T ;E )5 0.13 0030 ;4i1 JJ LP ?2:sLR,12 1'14,41 CITY OF OdONO P A Y V-T-3 • - - - - - - E4AL-NO NAME 3IV GROSS !ROSS EXP/ALLON SELLNER CL 93 0.00 0.00 SELSTAD FR 93 0.00 0000 SIEVERS RC 90 9T0.00 93.00 SKREEN 3S 42 22493,33 1122.S3 SLIGO SR 93 2165olO 0900 SMITH JR 92 23436.9♦ 910.16 STEFFENHAG RE 33 24030*95 363.04 STEVENS 8G 93 2722.41 3.00 THIES 4R 90 3110.51 135.00 TOMCZYK MV 31 31T60.20 1184N23 VOYTCKE 3M 31 63.25 0000 COUNT GRAMO 42.214*9r �4I0 00045 TOTAL 00062 TOTAL TOTAL FICA TAX GROSS = 24F320.31 _N'LOTERS Fl; A z GROUP HLALFN B = PHYSICIANNS HEALTH PLAN C = BLUE CROSS/4L'JE SHIELD 0 = MEDICAL CENTER PLAN E = PRUDENTIAL F = COORD• HEALTH CARE G = MINNESOTA 440 H = TRANS-AMERI:A O:C. I = BANKERS LICE J = MUTUAL SERVICES K = MUTUAL OF 14AMA L = EMPLOYEEFS OENEtIT i M = AETNA N = NICOLLET EIFEL 0 = LEAOU OF :!TIES 2 = HLALTH CAR[ 44147 ACCT, NISSING H07° C01_ F3R YON; MaL#S CITY OF 0" 0 1 / PCFm�P-(04Nat! I-T-D • - EMPL-ND NAME )IV GROSS GROSS E■ ADAMS T L1 2610.00 220.00 BUTLER MC 11 3300.00 275.60 FRAHM T 11 2640.00 220.00 GRABEK J 11 2640.00 220.00 HAMMEREL J 11 1320.00 220.00 COUNT Oi AND 19155.00 PAID 00005 TOTAL 00005 TOTAL TOTAL FICA TAX GROSS = .00 ENPLOYEi A c GROUP HEALTH B = PHYSICIAN'S HEALTH PLAN C = BLUE CROSS/JLUE SHIELD 0 = MEDICAL CENTER PLAN E =PRUDENTIAL F = COORD. HEALTH CARE G = MINNESOTA YMD H = TRANS-AMERICA OCC. i = BANKERS LIFE J = MUTUAL SERVI K = RUNUAL OF JMAHA L = EMPLOY#-E'S BENEFIT M = AETNA N = NICOLLET EIFEL 0 = LEAGUE OF CITIES 2 _ HEALTH CARE MAINT ACCT. MISSING HUSP CO2C FOR SOME -KPL•S 1045 city or "MO :MECa "Sri?,* 11_11d1 1844 1 C1, r. So. 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D 9EH06[ 1 15.30 . • • S4312,1 ILOSAs 31. rfLL4I*v C6Et6KEI [OYV/.rf/0cc113 11-4t)t-T09-02 38.16 • w.u. •.•-qy J0366 13/6S/H 1.61I.S6 OIDME■ M6t •IW YARD Rails ri-U4l-l.t-9l • 1.091.16 AD4D 1: /OS/15 21.00 CSCDIF DO4EaJ %OLE DINER COVIRIL1 91-4306-129-51 21.00 • • 343991 12/05/85 15E.31 ODDf 344LaE 12.41 aEDT4L DI-4l11-TM-0r 119.50 • • w6.•. .•.-Ca5 _ 911905 IT/35/85 44.89 0t at[-" JLaICw 941 61-2)1}D00-04 44.09 3,43904 11/W/SS 1".16 Wallis 1M3101=3 O•F $"PLIES 01-421}1I}44 164/r6 A6str 12/IS/6S 6419.91 0E➢4 6E06 4s 06L MAL Mal Ot-4541-SI}31 344591 12/I3/25 1".11 0[11 9[S4 DS Mt MOL 0a 91-0191K23-3l ""t1 12/45/95 6146.St 0E9a 0003 as ORE. M4l .it 11-0141-1t6-)1 1.291.20 . crSST 12/I!/43 S3s.l6 ED •6[: I.3 LIS 9JDCw 71-491D-SIS-96 . AL ICISSI 12/IS/05 11.12- ED IMILL.S LID DIK ❑-NII-S3}96 -&MAL H:ISsi 12/05/95 40.13 E3 MILLI•) 01K 000CD II-HI2-S1}q MaMMK WYSS? 12/O3/DS 9.64- 10 MIL4.E•5 01P_ DISC II-HIYSI}90 vlwu 999. 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Cr- PtTT M$ rMTAo[ KN$tt-M/-IS • S.2sIS Pilot/ feats PMA[ M-•131-1Ta-13 *.IS PIiStI SOItS MIA[ Ol-.Al-gal-ai 41.23 • • • 593.59 SAtRt4109 )IL aOtREA MET OLM/MOS 01-43I$-491-11 SM.ff • ..•-tilt 911.05 ST TltS/ It C31 FO FICS 1A-IS to 12-1 Oi-1N2-Uh12 • 5.31 ST Tit&$ is Coo FO FICA It -to TO 12-1 01-41/2-140-11 7.15 fT MIA Ss C01 FO FICA 1/-16 To l!i 41-1112-tft-11 16I.49 ST Ti-As is Coo TO FICA It -Is To 12-I M-II12W1-1a • IS.at ST Total SS CO• FO -Ica II-Il TO 12-1 11-•112-S11-IF ".at ST Ittkl as CAN FO rtca Ild* TO 12-1 01-4112-115-31 i91.22 ST TSEAS SS CN FO FICA It -so To 12-1 8I-1112-170-3S • 165.17 K fork$ It CEO in FICA it -to To 12-1 01-1 142-9t9-1, 141.11 ST Tltl$ 12 C01 A FICA 11-25 TO 12-1 •o-glt•Sto-.1 1.17 ST Itrll IS Coo FO FICA I//If To 1201 41-41/2-/M-00 • .SS at Total $a COo F0 FICA 11/lf TO 12/1 •Ytl•t-tar-•3 111.71 SI Total It CM FO FIB II -If TO 12-1 ItrM1r-sIS-•• .6.16 ST it:li is COS FO FIG 11-to To t2-1 72-41b-511-11 • 153.21 ST Total Il CN FO FICA 4-If 10 11-I tYtU1-S.1-1] 79.10 St TIES$ SS Coo 10 FICA 11-18 TO I2-1 71-114 r-51S-13 1.710.55 • • 1/.91 Oo1 STtti:lco :Jot OFFICE $0r►LIEi 21-421l-l11-11 ".go Oaf SIIEI:1[t 2J1S Ewl"PTUACCESS 01-123r-121-31 be, f 10.> TOM 211/fHt fILEA{E 01-4301-1.1-51 u.n . ...-caS AS. IL J•IFM15 J1LI111TEO OEARiM AN 01-0221-126-31 • 236./3 Jt11N45 JILIAITLO 'EMS" AM 11-1221-121-31 RT.ra •u.C4i 45.21 J11TEIii11 3F 11 :ISF/SC100L5 a"lSS-IS.-SS I ItIS CIIT OF GROSS :NE:t REGISTER 12-99-G1 PAGE Y 1 :MCI 40. RATE AlOaIT IC&&Ot Ilse DESCRIPTION ACCOONT M. to,. a •.0. 0 MISSION 1 5433S0 12/U/as 13.is / WfATEOR BELL TELEPMK 01-1320-1 t1-N 343352 It/s3/U 64.32 socam tte DELL TELEPM&ME 91-01ts-t\9-1t Hiles li/aims 9.01 IIMHiREiT!t/ BELL IELEINGOE 1 I03564 12/45/05 33.16 MUMEIT!t/ SELL IELEPMSME tt-N2t-H1-91 H3SU 12/0/9J 32.91 RMTME/T!t■ BELL TELEPHONE T3-H2O-f49-12 343569 12/os"i 72.97 00114VUTLIN SELL TELEP/ME 10-0929-ff0-9J ' 303569 11/01/es I011.33 MRTMKf1!Gl Ku HlrtarlalM 74-4323-S90-13 751.92 • M•.0 •..-(Fa H3s1s 12/aAS IS2.r2 RLLE\ :EAI1/GULF CO E2MIPIPIS/ACCESS O3-•T 12-N9-•T • 152.22 . ...... ....FRS 1 HSS91 12/051" 40.34 P!16 PEta lifts To 12" 91-\1a-939-12 313591 12/05/01 3.52 PEON PER& lilts TO U/1 0-414l-044-Il ` H5s1r 12/U/SS 0.31 KRA Kea title TO 12/1 O1-111t-9S9-14 343S9r 12/02/0 1t1.rt PENA KRa Ill&& is It/1 t1-1111-NY11 H3591 12/U/U 9.)) PERA PES& 11112 TO 1211 21-414I-099-11 ' ASSAY 12/4SISS 1.SBE.15 PERM "A tt//9 To 12/1 0/-•141-111-11 54559r 12JOS/05 57.12 PENA KRA Ilia$ TO till 01-4111-115-31 Hls9/ 12/91/05 397.46 PC" PER& lilts TO lr/1 01-4141-121-51 ' HIS97 12/05095 445.93 PEN -ERA title TO 1211 91-\!\t-L24-31 343s9T 12/93/a5 106.59 KM PIMA lifts TO 12/1 01-4I61-vG-33 H3S91 U/09/85 219.64 PER& KAA tills to tell U-0U1-&OtU ' Ha39I tt/U/a5 35.19 KaA Kea 11/ls is It/1 01-4141-390-K 343S91 12/91NS 1.11 PER& PERT title To tt/t I1-4141-004-44 303397 12/05195 .51 PERA PER& 31/1& t0 it- 9_-GIH-U3-M • HJs9r 12/01/as Inns 'ERA PENA till& TO 12/. 1,4141-n2n H3S31 1218315E 65.61 PENA PERA 11/&e TO left 12-\111-H9-)1 313s91 12/aS/N 1T2.29 PER& PENA 11/19 TO 12/1 73-1101_%& 9t • 303391 1t/U/ls 47.91 PENA Kea tills TO 12/1 14-1/41-SWSS 3.930.14 H3GU 12/2S/35 1.491.99 REMITS It3:a RE•& MA&it "TO TWIN U-4341-HS-42 "Sall 12;nin 3U.G1 PMT2l:1asME 1 ALTM MEALTN INS MIal-Sett-039-H H3G21 12fU/a5 1I9.91 PMTSI:-ISSI "TAINT INS Ol-1If1-U9-12 1 H3L21 II/HISS 2A.91 WAIT" MT3I:IU3 WAIT" MULMI ORS U-Nbt-22}H 345i21 I2/M/M IM.51 MTSIa&0S REAL" ION 91-41s1-&21-31 H3S21 12/M/U 9/.s4 PMIslCtM3 N[RLIN KALMT MEaLIR Is$ U-41SI-120.11 • t13U1 12/U/U n3.91 PATn Ct&a1 DEALF4 NEALNT INS al-Hfld29-31 H)121 12/U/U 257.91 PAT31:1443 MEAUN INS &1-HS1-241-32 l•R2l 12/M/U SGb Os PRTSI:NN3 MERLIN KALO1 NEALOI INS 01-4151-290-42 • 34301 12/•s/93 IU.31 MTSI:IBS MERLIN N3 01-1I31-210-62 3.3621 l2/HAS ]05.31 Pll3Ci MI WALTM MEALTN IRS TI-1tsl-S2S-n 343GII L2/U/K H.IG PWTSIC1445 WALTN MEALMT INS 11-otSl-H9-9i • 34XSl l2/U/GS 111.23 "ALIN INISIC I&R{ Oi1LtM KALNt INS IHls1-SG9-92 1343 CITY OF OR.MO E•LC( .LGIII_A i CYEC[ we. 0.r[ N0•c. r[J)OI Ir[9 BEfC9 VlIM 1 IN it/NA> 99.39 NKY9-!N•Lt INm-RILCN[ 393393 12/65/SS I.9s R3[IF lawlls IM.YCL-RILCBBE 141591 12/RAIN 1J1 YYEYPTMS/92 TRAVEL-MILE.K N.99 315499 1¢A6/95 119.16 M LLE!% .RIN.NL us•01 12/011/8S I.26 19[ Ll9ER .9t5/.rt 1 u3.0• t2/311/95 r9.n INC L.•EY lOVEOTISIM 13/.Il u39.. 12/N/6, 3. 1r. 15 MEIR2 YNr! CO.IMK NC MEMITIES r 3.)K. Ia S43490 12/OS/as I9r.21 MI9YESI .319.LT 21 rT LW 141.21 1 u H90 12/aS/45 1.02 MiMdOO BTILITIES 343490 12/OS/95 1116.11 Mt91EsaK3 UTILITIES 393999 1^/01/9' 1r.99 RIrEBMK3 UTILITIES ] 344.51 M9493 12/N/95 /J9 M B!l E9lf .HN MELLIM IN 7.29 • MISIS 12/O)/95 2$9.29 Mf. UTILITIES 5433S9 22/05/05 I44.11 Mf. UTILITIES M]SS9 12/[5/05 210.90 MN UTttt II92 • MISS9 12/05/85 4.61 M► UTILITIES MISS, 12/N/sl 1.092.34 MS. UTILITIES 343SS9 12/aS/fS .IT.•S M. UIILIII[3 • 343539 Wa0/6 E=ds MP WSLITIES 2.401.90 . IF .....• 393319 12/05/4. 65.1s BELL TEL[.Y.BE • MASIS 12/93/a5 65.14 NORr9YE4IEIM SELL ICLE-Y 3•)S.r 12/95/05 33.31 wOaVYrfICVS .ELL TELErm.ME 165519 12/0S/85 123.19 U3MT4sEST:IM BELL IELE. 393559 la/BS/B5 .SAa MRMYE$TEl■ KLL IELEP. • rce.wT r. 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' 343291 12/35/85 xrl. 1/ 22S.00 ' ARMS 1210$/15 I15.I0 M3103 12/2518. 1.029.90 1.115.00 M33A1 IS/eI/95 i1L. 12 211.72 M3330 12/14/05 11.9< w•u. 14I348. 12/0/1i 299.13 '99.53 ' 303363 12/01/05 11.12 17.22 M 3])1 12/e5/81 1.09 ' MS310 WMISS IT..5 11.?• . 113 TL 12/1e109 01.31 ' 61.32 CKLf 1C{IfTER #Emmet ITLN KACMIITIW RED :Tt N'kL1Y CARE KALTN INS KO IN MEALIII CARE KALTM 102 RED CIl M_NTN CANE KARTM INS KD It REALIN CARE MEIATV IW NET) :Tl M_LLT! CARE KALTM INS MES :Tt MCALFM :ARE KALTN INS RED CER RCALTN CARE MEALTR INS RED ere "-ACT* :ARL KALTM Its REmI :If :UE'T AM- c3WISc4ODts NEW :f1 •14 SI# J41L CASES NEW rrr 'IN III JLIL COMES NEW :If IdERI•# opt JAIL ENNIS • IS-x 9-L3 YL 6f l • ACC Otl9T MO. )YY. 0 •. 0. • Xe3AK • • Q-U31-H/-12 01-91lI-W}IS et-11l1-1N}I I • n-9t31-V}!5 11-•I51-r99-12 11-9 Bt-l1Y 11 • It 11Sl-SA}9l 1N t31-S1})r • ....CAN • 01-4354-1,9-31 • . 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N32ts 12/46/4, twt.3f ft ]1f2rs 12/ft/SS 146.35 303275 1211st" 246..6 563zr5 12/0S/SS 43.r0 343215 12/•5/25 101.07 :4EC4 t[NfIER 12-41-as .a" 2 • IEUH ITEM O[aMtIT10N KCOYU/ Y. 14T. • •, \, 4 M[f 444[ • Of[ q•If l CWI. [2YS1/4H t/KQ21 41-4252-241-42 • •»-Cas CM1••CIa :X. at "I Sw 01-4i35-249-42 • CMIPPt I4 :M. fT SORT SUP 42-4231-2•9-42 CKIP•EIG :2M. at my SON 41-4t33-249-42 • •.•-CKS IT C2KC7I R1C\MILR NI OFF EWIP 41-4342-83•-12 CONCEPT 019-44M ILK HOT Orr EWII 01-414-421-31 CSK0.PT RI:ROFILM NOT all Coal- st-4346-114-33 • FIRST OAT- 94IC-OP_1 IIIT14L FCC-OOIJl13 4}•GI}94S-IG FUTILE■ 14445 Mui44t KC46_ R[.41t t1 I111. .1; 11f1 r. { { 4 fER4i CEt t t 4 \ERCE a 2 4 SERVICES 4 { a SERVICES S 4 { a SERVICES { 0 4 SERVICES • • i SERVICES • a a aCtCCcts • i t almoicts deed 2 { { fC411 C[4 240J• AEA -TM I*. tIOY• IE4-rM TIC GlOJ• 4r4J• IT: G 409• 4J-E4 II: .40J- 4EG_1. II: Y'1MIKt 1q IT .11 S1IIL[E3 MLDI/GaDt MT 4LDG/sa05 GUT 0,10146 A" 0Ttt IT! 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CANT • a6002 WIS/95 5I1.69f.St 64 "J'"Et 6 sake at :6nr to-1aar Ha-N ' L1902 12/85/85 ,II J61A!- SO RJELL[1 I ken $1 :•ar :f-6s3A sfr-r • 31600r 12/3s/as 61.104.15 M 42:LLER I SOON at :NISy rY653t Mr-N 6l.tN.Ss ' Sa3ssi 12166/85 62.56 9:e D'nsm Salt IN BF S11t.LIES 01-4216-051.11 • uses, 12/ke/15 n.91 ACRA-RI NE30T& lot OFF SL LIES 01-4216-959-11 u3596 1214s/91 Os..3 6C*0-e[OR:SOI& 1SS VI S• IES a-11I P6,s-1! 363696 12/ke/25 127.3f ,.:MID-gNant INC OFI Sat.L IES 01-0212-129-31 • 31309S t2/9s/si 32.13 &:RD-IINiSa)a get OFF SOttt IES 51-A21 D-V,-)S miss, 12/90/25 31.$3 AC4O-eINE11TA INC DR S1 LIES 91-. 21FN1-12 - LA91 3,5110 12/051a! 16.65 &r9T IIFa SISTER IRS 6FI EWIP p-1).M9)9-35 343096 I2/01/05 146s •IH I011 SISTER MISS OBI CNV al-I)N-tl9-5• _ 3,3016 l2/tlTA5 16.65 &let IIF6 SISTER an OFF Coal, 11-1m0-049-ls inlet$ /2/Was 23.14 AT&T I2F6 SISTER NI KF ENIt 01-1316-&rf-ll 343D10 1210/45 10.65 ,tat III* SISTER MISS we E*YV U-1119-1 /1J3 - m3910 12/111/es 16.6s AT&T Es,* SISTER RSS O•I TeYV 91-1mFSy9"Sy • ike.FS 3,3016 1r/OS/e5 10I.S2 AREat:&R I.CE3F NTi NT1/1all 91-0322-129-11 TA1.92 • ..uu u..Cef • 14383, I2/05/05 11..16 EARL • IMI):aS9MI ASSC Mar MISS S11t 01-623 -269-62 114.16 "r • u ssa9 121"165 .35,667.99 MI :991 INC SE11El/NtEa COeS1 1YH31-1)t-10 55.S0r.al 34585I 12/ts/05 361.S9 SIR' 9 :&FLOOR INC ST NS sat ke-9233-299-12 561.9a 143990 1210518, 612.51 CInL. 24.1 OTIL ITS Raw S1 TS-.214-5.1-91 I". %$ PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE `i PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CI'Y RECORDS. NAME OR NUMBER NAME (please px.nt) ADDRESS PRESENT FOR (from agenda) ALLLIJ IS 40 .. 1 - plOts PedersLr p, k. AIVA Le• ,.. (%, ). �,� o?$ vieu>L»./owu.r lernr•�.(Pe T ,g- 21 3 j i 3 i;0S � U PUBLIC ATTEI'DANCE CITY OF ORONO / OLL n e , / MEETING DATE ZS PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (plPaee print) ADDRESS PRESENT FOR (from agenda) x.N%I. WtSri�l1 %N WWOLCY& wJ a. �b l�ieL'/uvel /iN9 a4.101,4 /rG,a AIfdAle 41A 061d I a. �, I�6�C 94oFro.,El hl (s 35 ti 5. 6. 7. 8. 9. 0. 1. Y. 3. 4. 5. 6. 7. 8. 9. 0. I nf o in a-F- i on (A" ot Phone. 53; 8421 +V C1l Vie _-_ 4tDOUGL S DRIVE NORTH CRV 7AL. MI OTA 55422 POLICE DEPARTMENT " November 26, 1985 Melvin H. Kilbo, Chief of Police Orono Police Dept. P. 0. Box 86 Crystal Bay, MN 55323 Dear Chief k11ho: BB: Offioer(s) Pearson and B. Johnson On November 4, 1985, offioer(s) from your department assisted un 1n the apprehension of two suspects for an armed robbery and the assault of Officer inn M. Myera from our Department. The cooperation and profeasionalism displayed by your officer(s) is truly worthy of our commendation. We appreciate the efforts of your offioer(a) and the apirit of cooperation which was demonstrated. Please extend our thanks to those officers. Yours _very truly, �// //Chief of Police / / JPM/be MINUTES OF THE. PLANNING COMMISSION MEETING UELU NOVEMBER 18, 1985. PAGE 1 ATTENDANCE 7:32 PM CONSENT AGENDA* The Orono Planning Commission met on the above date with the following members present: Chairman Callahan, Rovegno, Goetten, Kelley, McDonald, and Taylor. Sims was absent. The following represented the City staff: Building and Zoning Administrator Mabusth, Assistant Toning Administrator Gaffron, and City Recorder Peterson. It was moved by 1, nald, seconded by Goetten, to approve the Consent Agenda* as submitted. Motion, Ayes 6, Nays 0. 1929 LYLE RAHN 1146 NILDRURST TRAIL CONDITIORAL USE PERMIT THIRD REVIEW Chairman Callahan explained the .set for a conditional use permit for guest cabin usage .,..oject to the hardcover ,U being made as conforming as is feasible and applicant addressing the drainage problems both of which have been submitted in Exhibits B c C. Lyle Rahn was present for this matter and stated he had no rbjections to staff's recommendations. It was moved by Rovegno, seconded by McDonald, to recommend approval of the conditional use permit subject to staffs recommendations. Motion, Ayes 6, Nays 0. 1983 WA' I H. PEMBERTON 3580 wk., SHORE DRIVE VARIANCE - SECOND REVIEW Chairman Callahan explained the request to build a new house and noted the four optional site plans submitted in order to reduce the degree of variances needed. Walter 6 Marilyn Pemberton were present for this wetter. Marilyn Pemberton stated that they had the existing structure inspection which was found to be totally out of code with a bad foundation making it unuseable. Shy noted that the main problemwas the need for 22' to back a normal car out the garage. Assistant Zoning Administrator Gaffron reviewed the four optional site plans with the commission. Lou and Marilyn Fegers, 3590 Shoreline Drive, were present and at that their concerns were the possibility of gradir inq done between the two houses and that the propoo,...,ouse will stay in line with theirs. They stated they had no objections ro a new residence being constructed which wo,ld improve the area. Marilyn Pemberton stated that the shape and style of the Proposed house conforms aesthetically with the lot sire. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 2 1983 PEMBERTON continued Commissio:members questioned the possibility of the house being centered on the lot to meet the 10' side setback. Marilyn Pemberton stated the house could be centered but the garage could not be because of the necessary 22' needed to back out. Walter Pemberton stated that the other adjacent neighbor, Don Lamont of 3570 North Shore Drive, was unable to be present but had no objections to a house being built. McDonald felt that the plans were too ambitious for the size of the lot and that the existing structure should be used. She noted that the only variances she would be willing to recommend would be lot and width area variances. Taylor, Kelley, and Goetten, felt that the request to build a new residence was appropriai Taylor agreed with the intent to minimize the hardcover by centering the house. Kelley proposed a combination of the optional site plans j submitted as follows: 5' variance for the garage 20% hardcover variance in 0-75' 27% hardcover variance in 75-250' removal of deck if necessary to center house fill and grading - to be reviewed with staff lot area and lot width variances It was moved by Kelley, seconded by McDonald, to table the matter until the December 16th meeting for conceptual approval upon the submission of one site plan based on Kelley's previous proposal. Motion, Ayes 6, Nays 0. #987 ROBERT J. BAUMAN 1040 TONRAMA ROAD VARIANCE PUBLIC HEARING 8:19 - 8:52 Chairman Callahan explained the request for average setback and hardcover variances to construct an enclosed pool. Chairman Callahan read into the record a letter from Jurgen Stielow of 1020 Tonkawa Road opposing to an average setback variance being granted. The letter also noted an 'assortment of unattractive' vehicles in sight on the property. Mr. 6 Kra. Bob Bauman were present for this matter. Mr. Bauman, referring to the unattractive vehicles, stated that after the garage is finished being constructed, which should have been done two months ago, the vehicles will be stored inside the garage. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 3 #987 BAUMAN continued Mr. Bauman stated that he felt that the proposed plan conforms with the average setback based on all the area properties. Assistant Zoning Administrator Gaffron pointed out that the average setback is determined by the two adjacent properties only and, as shown in Exhibit E, does not conform with the average setback. Gertrude Noelting, 1060 Tonkawa Road, was present and stated the proposed pool would be "ugly" from an outside view and felt it would diminish the value of her property. She stated that there is space to place the pool in another area. Marge Gasch, 1030 Tonkawa Road, was present and stated the pool would encroach upon their sight line and would effect their property value. She invited the Planning Commission to visit her home to view the sight problem. Taylor stated an aesthetic landscape plan should be submitted. Chairman Callahan stated that elevation plan should also be submitted. Commission discussed various options for placement of deck and pool building. The Commission generally felt that the hardcover trade-off variance would not be a problem. lh-re were no other persons present to speak on this matter .,:A the public hearing was closed. It was moved by Chairman Callahan, seconded by Goet•. 2n, to table this matter pending landscape, site, pool building, and elevation plans. Motion, Ayes 6, Nays 0. #988 JAMES E. MERTES 3237 CASCO CIRCLE VARIANCE PUBLIC HEARING 0:52 - 9:15 Jim and Ruthmary Mertes were present for this matter. Chairman Callahan explained the request for renewal of a lot width and lot area variance, which was previosly granted to owner, Douglas Smith, in February 1984 per Resolution 01607. Doug Smith was present for this matter and stated that the applicant's, Mr, a Mrs. James Mertes, bought this property contingent upon renewal of these variances. Jane 6 Jack Remien, 3235 Casco Circle, were present for this matter. Jane Remien stated that they were unhappy about this because the lot is too small, as is their lot. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 4 9988 MERTES continued Tom Corson, 3241 Casco Circle, was present and stated that the lot in question was not consistent with the other lots in the area. He also stated that the existing garage on the lot should be removed whether the variance is granted or not. Mr. Corson felt that the original variance should not have been granted being this lot is only 54' in width. Jim Mertes stated that they felt they would not have a problem meeting the setbacks and hardcover requirements. Goetten stated that the entire Casco Point area is a high intense residential area. She noted that the lot site was consistent with the area although it would be one of the smallest lots. Tom Corson stated that they would be making a crowded situation even more crowded. He questioned the initial intent of the ordinance requiring a 100' lot width. Chairman Callahan stated that the lot was intended to prov4 ale a residence and the hardship is that there is no rt .per adjacent property available. There were no more comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by Goetten, to recoseend renewal of the lot width and lot area variances noting that the Issues (1-7) and Findings (1-19), prepared by staff, were found to be sufficient. Motion, Ayes 5, Nays 1. Eelley voted nay stating it would be overbuilt for lot sise. 4989 HENNEPIN COUNTY DEPT. OF TRANSPORTATION HENDRICKSON ACCESS CONDITIONAL USE PERMIT PUBLIC HEARING 11:40 -11:50 Hennepin County proposes dredging approximately a 20'xl26' wide corridor, removing 4.5' of lake botton along the edge of the Hendrickson boat ramp, and constructing a 126' long seaw.11 along t e sides of the inplace boat ramp. Ther: were no persons present regarding this matter at this time. Planning Commission table this matter until the December 16th meeting. 4990 WARD PERRE14, 3411-3415 WATERTOWN ROAD VARIANCE PUBLIC HEARING 9:29 - 9:37 Applicant requests lot area/ width va r iances to construct homes on two substandard vacant commonly -owned lots adjacent to the exisiting residence at 3405 Watertown Road. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 5 4990 FERRELL continued Chairman Callahan noted that the application was incomplete absent a survey of property containing the existing house and septic site information necessary for assurance of an alternate septic site if needed. Mr. i Mrs. Ward Ferrell were present for this matter. Mr. Ferrell stated that there should be no problem with an auxilliary system being the lot is 3/4 acre, therefore not necessary. Mr. Ferrell felt that a survey of the property with existing house was also not necessary. Chairman Callahan stated that this information wee necessary and was requested from him last May and they would not act until this information was provided. Mr. Ferrell stated he had a F. �, vey dated 1958 and would submit it. Assi `ant Zoning Administrator Gaff ron stated he would look at t,.e survey and determine if it would be adequate. There were no persons present regarding this matter at this time. It was moved by Chairman Callahan, seconded .,y Kelley, to table this request pending a complete application. Motion, Ayes 6, Nays 0. Chairman Callahan advised applicant that they would give him their general opinions regarding his request although submission of the survey and septic site information may make a difference. Goetten stated she was personnally opposed to three lots. Kelley, referring to his statement in the Planning Commission minutes dated 4/15/85, felt that Lots 7 c 8 should be combined into one lot to allow the existing home and one other lot. Taylor and McDonald agreed with Kelley's opinion. Rovegno and Callahan felt that two lots with dwellings would probably be reasonable with the props septic site testing, three lots would be setting precedent. 9991 WILLIAM ULRICH 1535 BOMM's POINT ROAD CONDITIONAL UiE PERMIT PUBLIC HEARIWG 9:40 - 1007 Chairman Callahan explained the after -the -fact application for a conditional use permit and variance -� do grading r i filling within 75' of lakeshore. MINUTES OF THE :LRNNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 6 1991 ULRICH continued Assistant Zoning Administrator Gaffron explained the background construction to date and further proposed grading plans. He noted that the City Engineer has reviewed the current rev's ion of a series of plans within the 0-75', which has been minimal, and finds no problem with it and has determined that applicant has done an adequate job of protecting the lakeshore. William Ulrich was present for this matter, as was his project representative, John L. Noble. John Noble stated that they are stock piling soil until the amount of backfill needed is determined. There was some discrepancy between applicant and staff regarding attainment of required permits for the work already done. Virginia Sweatt, 3225 Bohn's ^oint Lane, was present stating that the construction was destroying the character of the neighborhood and was concerned by the size and height of the home being built. Lisa Dayton, 1655 Bohn's Point Road, stated that the Planning Commission should really ar .yze the situation and she felt that a commercial venture .s being done in a residential area. Kathy Sweatt, 3225 Bohn's Point Lane, stated that there is a problem with dump trucks excessively speeding. She also noted the removal of several mature trees from the site. Margene Fox, 1645 Bohn's Point road, stated that the road is a mess and breaking up badly due to this construction and suggested that applicant be responsible for repairing and maintaining the road on a weekly basis. She also noted that this construction has created unsafe conditions for children nn the road. Ginny Wagener, 1420 Bohn's Point Road, stated that for the past two years they have endured dirt and dust mess from this project along with the seemingly constant seven day per week construction. There were no other comments from the public at this time. Due to the obvious problems involved, it was moved by Chairman Callahan, seconded by McDonald, to recommend a stop work order being placed upon this project until all issues have been resolved between applicant and staff. Motion, Ayes 6, Nays 0. MINUTES OF THE TANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 7 f992 CITY OF ORONO CTY. ROAD 15 AT TES AVE. CONDITIONAL US .IMIT PUBLIC HEARING This Public Hearing was continued until the December 16, L985 Planning Commission meeting. .93 TONIIA YRANSMISSION _960 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 10:37 - 11:07 Being an affected adjacent property owner, George Rciegno stepped down from the Planning Commission for this matter. Chairman Callahan explained the request for a conditional use permit required to amen. a original permit (approved May 9, 1983) based upon Mowing proposed changes: 1) increase parking r .s from 10 to 18 stalls 2) eliminate dispensing Gf gasoline Craig Olson was present for this matter and stated he proposes a transmission and general automotive repair shop as the principal use. He noted that it is hard to operate with a 10 car parking limit. McDonald brought up her concern regarding the "swamp in the street.* Rovegno stated that the problem involved the city pumping silt etc. into the catch basin into the lake from the sewer project. Dan Crear, 3 980 Spates Ave. , was present for this matter and explained to McDonald and Planning Commission the background of this drainane problem which has an impact on his property also. Dan Crear, being the adjacent resident behind the transmission shop, stated that he has had problems with that property and noted that it is currently a mess. He stated that he is opposed to the request becaus<, it would intensify the mess. He also noted his concerns with the porsibla rusting of the gas tanks affecting his well water. Craig Olson stated he would like to permanently fill the gas tanks with rock or sand in addition to other iml. ovements to the property. Zoning Administrator Mabusth stated that filling the tanks with sand is not acceptable anymore, they must be removed. Planning Commission reviewed the proposed parking plan. George Rovegno stated that his concern was the change and intensification of the use. MINUTES OF THH PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PA., 4993 TONKA TRANSMISSION continur- Dan Crear st: 3 that appro.al of the request would create a visible change of use beca,ise the clientele from a transmission shopdiffers from it gas station. He noted that he would like the property cleaned up. there were no otr.ar persons present regarding this maet�r and the public hearing was closed. It was moved by Kelley, seconded by Callahan, to recommend denial of request 0993 Tonka Transmission to amend the permit dated Moy 9, 1983, main aining only 10 parking stalls, and in addition requiring the removal of gas tanks not in use. Motion, Ayes 4, Nays 1. McDonald voted nay stating that the city should review alternatives to removing the gas tanli. 4994 FRANK KOKESH 4100 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 11:07 - 11:40 Chairman Callahan explained the request for a conditional use permit to permit the continued use of applicants' 35 acre site for t!e boarding of horses, rental of horses ..nd instruction in horse back -',tang; and a variance to permit applicants' to: intinue % + keeping of domestic animals for commercial purposes. Attorney Lou Oberhauser was present for this matter, representing the applicants. Mr. 4 Mrs. Earl Dorn, 4045 Watertown Ruad, were present for this matter. Mr. Dorn voiced his irritation at the applicants' refusal to appear at these meetings. He stated that the applicants' have committed a misdemeanor offense. He noted that his main purpose of attending was that he wanted the city to apply their ordinances fairly. He also advised the Commission that he has requests i a copy of Scott County's public stable ordinance. Ms. Plank, 4145 Watertown Road, was present ant she was concerned about applicants' plans for the -anal property recently acquired by applicant, and what the conditional use permit include,. Mr. Ober ,auser stet i that the applicants have no plans to expand the operation and that their request for a conditional permit is to permit the existing level of use. F,. Dorn stated that applicants' commercial uperation has ..eated 100i more traffic. Kelley felt that riding lessons should be limited to family members only. NIVJTE( OF THE PLANNING COMMISSION F (' HEI) NOVENBER 18, 1985. PA^^. 9 V , FRANK KOKESH continued Oberhauser stated that applicants' would need some employees to train and work the horses in addition to stable perFons, although the actual numher of employees needed was unknown to him. Planning Commission felt that the rumber of employees should be limited to a maximum of ten people. There were no more comments from the public and the public hearing was closed. It was moved by Goetten, seconded by McDonald, to recommend approval of the conditional Lae permit subject to staff s recommendations and conditions, amending the following conditions: 1. Applicant to apply for a Home CccLpation License for tact sales. 2. Any changef r •'ditions in use or intensification of approved uses sh,-id be reviewed with the City so that staff can determine if a new permit is required. Couditional Use Permit to be reviewed yearly. 4. Number of outside personnel be limited to ten. Motion, Ayes 6, Nays 0. ZONING AMENDMENT Planning Commission tabled this matter until the December 16, 1985 meeting. APPROVAL OF MINUTES* It was moved by McDonald, seconded by Goetten, to approve the Minutes of the October 21, 1985 Planning Cc nission meeting a- submitted. Motion, Ayes 6, Mays 0. COUNCIL MEETING REPRESENTATIVE Paul Taylor was appointed to reprea, the Planning Commission at the December 9, 1985 Coun_.._ meeting. ADJOORNAOINT 11:55 PM it was moved by McDonald, seconded by Goetten, to adjourn the Planning Commission meeting at 11:55 PM. Motior, Ayes 6, Nays 0-