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HomeMy WebLinkAbout03-10-1986 Council PacketMINUTES OF THE REGULAR ORONO COUNCTI, MEETING HELD MARCH 10, 1986 AT`I'r.NDANCE. 7:00 PM CONSENT AGENDA* The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Adams and Frahm. Absent: Councilmembers Grabek and Hamme_el. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Cnnrha.-dson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Building Inspe-•tor Jacobs, and City Recorder Peterson. City Attorney Barrett was also present. It wa3 moved by Co�_.iicilmember Frahm, seconded by Councilmember Adams, to approve the Consent Agenda* subject to removal of Item #21 (Planning Commission Appointn. it). Motion, Ayes 3, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmembar Adams, to approvQ the tinutes of the February 24, 19 - Council meetir.o. Motion, Ayes 3, Nays 0. PLANKING COMPISSION COMMENTS Planning Commission Chairman Kelley wes present. He stated that they would appreciate invo,vement by the community regarding the Highway 12 Corridor project, the mere people that show up the bet...: for everyone. PUBLIC COMMENTS „, this time, Jorr.y Wheeler, 3399 Crystal Ray Rd., read a petition signed by approximately 100 signers requesting the reappointment of William Sime to the Planning Commission. He noted that there was alot of disappointment voiced about. Ue� apparent. lack of respect for the publics' desires by the City Council. He asked the City Council to explain why two other Planning Commission representatives we r,_- reappointed and Mr. Sime was not.. Mayor Butler stated that she has already stated for the record her feel irigs regarding the subject which are in the minutes from the December 9, 1985 Council meeting. Councilmember Adams responded by stating that the Council was ready to make the two appointments made and were not ready to make the third appointment for rf2asons which are in the public record. Mr. Wheeler asked Councilmember Adams if that reason was because Mr. Sime was not a "team player'? MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 PUBLIC COMMENTS continued Councilmember Adams stated that was not the total of the reasons and stated he did not wish to debate this further in this forum. Mr. Wheeler asked the Council if they intend to honor this request to reappoint Bill Sime and/or expand the Planning Cummission to include him. He stated that if the Councilmembers do not honor the citizens desires, they will have some difficulty with re-election this fall. Bill Anderscn, 2760 Shadywood Rd., noted that he would like to get a copy of the minutes regarding this subject. Duane Hall, 1.860 Shadywood Rd., asked Mayor Butler if she planned to share her views regarding the charges made by Mr. Sime in his 1 ter to the Council. Mayor Butler stated that she would not make any comment regarding Mr. Si.me's letter. Councilmember Frahm stated that Mr. Sime was asked to appear before the Council to discuss reappointment, but he chose not. to and rather wrote a letter regarding his feelings. ZONING P M'NISTRATOR.'S REPORT: i967 AND 1968 JOHN B. .%t .,'.'ROM 2580 FOX STREET PRELIMINARY SUBDIVISION/ CONDITIONAL USE PERMIT Present for this matter Idstrom II and David M. Mark Gronberq. I were the applicant's, John B.A. Ostreim, and their surveyor, City Administrator Bernhardson explained the request for a subdivision with variance for driveway tc cross wetlands and a variance for frontage on a public street together with a request for a conditional use permit to fill on wetlands. Assistant Zon..ng Administrator Gaffron referred to his memo on lot frontage requirements regarding public street versus non-public street. He noted that the subdivsion essentially meets the criteria save the technicality of the frontage requirements. 2 MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD MARCH 10 1986 #967 6 #968 1DSTROM continued Assistant 'Zoning Administrator noted that the driveway has been reviewed by staf f and f inds no problem with the access location. He also noted the potential of a future third lot which would create problems for the applicant. Mayor Butler stated that the resolution should note the potential problems regarding future re -subdivision which would require the relocation of the access to properties off the private street. Mr. Idst.rom stated Fie was not concerned with a third lot at this time and would deal with that problem in the future if it arose. Councilmember Adams stated he found no problem with the proposed subdivision of two lots only but would if there were three. It was moved by Councilmember Adams, seconded by Councilmember Frahm, directing staff to draft a resolution with the appropriate variance relating to the frontage and specifying that this is approval of two lots rioting the future problems of a third lot, to be presented before final approval at the March 24, 1986 Council meeting. Motion, Ayes 3, Nays 0. #990 WARD FERRELL 3405, 3411, 3415 WATERTOWN ROAD VARIANCE: Ward Ferrell was pre :ent for this :natter along with his attorney, Leroy Haglun.i. City Administrator Bernhardson explained the request for a variances on two existing lots, which are in the 2 acre zone and are su'istandard under the current code. fie stated that this was presented last May as a zoning appeal. He noted that applicant has had septic site testing done and has proposed acceptable primary and alternate sites. Mr. Haglund stated that applicant's dream was to build a house on one of these lots and was platted as such many years ago. He submitted a petition signed by the neighbors stating they have no objections to this proposal. He also submitted aerial photos to show that the applicant's proposal would not be i nconsi st a:,t with the area. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 #990 FERRELL continued Mayor Butler explained the problems that are involved in this application and that the reason this area was rezoned in 1974 to 2 acre lots was the problem with septic system overcrowding and fai lure on 1 acre lots. She noted that other similar applications have been denied for this same reason and Council would be secti.ng a precedent by approving this. Mr. Haglund stated that this situation is unique and that properly installed septic systems do not. fail. Councilmember Adams stated that problems are showi.rg up with septic systems in 1 acre areas. Assistant Zoning Administrator Gaff.ron reviewed the history of the zoning code .from 1950 to present. He noted the similar request by Alden Anderson in 1981 which set a precedent for denial in these cases. Mr. Haglund stated there there is no proof of setting a precedent by approving this because of the unique situation. Mr. Ferrell stated that the present zoning code would prevent subdivisAon requests of 2 acre parcel c, but he has already subdivided his property, upon the request of the City. Mayor But 1 er stated that s!,>> f e l t t he ent i re Counci 1 should be present to make a decision on this application. Mr. Ferrell stated that the Council has a moral obligation to honor previous councils' actions. It was moved by Mayor Butler, seconded by Councilmember Adams, to table this application until the April 14, 1986 Council meeting for the presence of the entire Council. Motion, Ayes 3, Nays 0. #1006 CHRIS i DALE PALM 1710 SHADYWOOD ROAD VARIANCE RESOLUTION # 19.36 City Administrator Bernhardson explained the request for hardcover variances to construct a home addition and attached garage. The proposed hardcovers increases are from 1.7.5% to 18.2% in the 0-75' zone; the propobal. shows a decrease from 27.3% to 26.8% in the 75-250' zone, but on staff's recommendation for safety reasons, a back-up apron should be included, sc; the proposed hardcover would be increased to 29.014. 4 MINUTES OF THE REGUI_,AR ORONO COUNCIL MEETING HELD MARCH 10, 1986 #1006 PALM continued Henry Dean Lindner, Builder d Agent for the applicant, was present for this matter. fie explained a proposed layout of the house interior. In order to help alleviate the concerns and amount of hardcover, Mr. Lindner presented samples of grating material that could potentially be used for the sidewalk and driveway and not be considered hardcover. He noted that they are also open to concrete runner pads for driveway use. Councilmember Frahm stated that he felt strongly regarding no additional hardcover being allowed in the 0-75' zone. Mr. Lindner stated that he felt he could maintain the existing hardcover in the 0-75' with little or no increase in the 75-250' zone. Mayor Butler stated that she woulA be willing to eliminate adding in the necessary back-up apron as hardcover for safety factor. After further discussion, it was determined that the back-up apron must. be included in the hardcover calculations. It was moves] by Mayor Butler, Adams, to adopt Resolution fallowing amendments: a) existing hardcover in 17.5% b) increased hardcover in 29.0%. Motion, Ayes 3, Nays 0. seconded by Councilmember #1936, subject to the 0-75' be maintained at 75-250' shall not exceed #1007 ROBERT i CAROL TRAPP 4701 WEST BRAN(H ROAD PRSLIM.INARY SUBDIVISION City Administrator Bernhardson explained the request for a preliminary subdivision which meets all the standards. He noted that it fronts on the dedicated public righ' - of -way, but that is not developed as yet, it will be accessing on West Branch, and should be required to access on Highv iew Lang should that ever he developed. Carol Trapp was present for this matter. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the preliminary subdivision subject to staffs recommendation and subject to requiring access on Highview Lane if ever developed. Motion, Ayes 3, Nay 0. a MINUTES OF THE REGULAR ORONO COUWIL MEETING HELD MARCH 10, 1986 #1008 JOHN S. PILLSBURY, JR. 315 MOODHILL ROAD FILIAL SUBDIVISION RESOLUTION #1937 Robert Hartfie1 was present representing John S. Pillsbury, Jr. City Administrator Bernhardon explained the request for final approval of a Class I subdivision which consisted of splitting a 42 acre parcel into two parcels; larger parcel sold to Woodhi l l Country Club and an eight acre parcel to be sold off separately. He noted that the 8 acre log_ would be served by an existing driveway that comes off Woodhi.11 Rd. and would require a street front variance. Councilmember Adams questioned whether he should step down from the Council in this matter due to the fact that he is an elected Board of Directors Trustee for Woodhi.11 Country Club, however he does not feel there is a particular conflict. Attorney Barrett stated he could not give a legal opinion at this time but does not see an absolute impediment with Councilmember Adams voting. Mayor Butler and Councilmember Frahm stated they had no objections to Councilmember Adams remaining on th4 Council for this matter and saw no reason to delay it further. It. was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution 01937 approving a Class I Subdivision for John S. Pil lsbury, Jr. Motion, Ayes 3, Nays 0. #993 TOMM TRANSMISSION 1960 BIIORELINN DRIVE COWITIONAL USE PERMIT Craig Olson, owner of Tonka Transmission, was present for this matter. City Administrator Bernhardson explained the application request for modification of original permit a)increase of parking from 10 stalls to 17 stalls b) dispensing cf gasoline to limited amount of customers. Zoning Administrator Mabusth noted that at the November Planning Commission meeting, two adjacent neighbors were present with major concerns, however she felt their major objections ct�rtered on the upkeep of the property rather than the use. fi MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 1993 TONKA TRANSMISSION continued Zoning Administrator Mabust.h stated that staff felt that the proposal was not really an intensification of use but merely reflected the real use that was approved in 1983. Staff recommends approval of 14 parking stalls subject to a)applicant being prepared to being ticketed when in violation, and b)general landscaping and upgrade of the property being made. Mayor Butler suggested closing off the County Rd. 15 access to obtain more parking stalls. Craig Olson stated it was possible, but an ingrf ss and egress is important where towing is concerned. Mayor Butler noted on the application within the Description of Request, "allow limited number of cars for sale on premises". She stated that the site is too limited and she would not be in favor of that. type of use. Counci l - -ember Frahm stated that there has always been a problem with disorganized parking around the p,amp area, and felt that removal/relocation of the pump would salve this problem. Building Inspector Jacobs stated he would have to review the suggested relocation of the pumps to the side of the building. It was noted that there is the potential of 18 parking stalls if the pumps were removed/relocated. Mr. Olson asked the Counci 1 if he were to removed the pumps and tankh to eliminate gas dispensing, would there be a problem to Levert back to a service station if he were to sell the property. Council indicated that they had no problem with approv.inq that. but they could not guarantee future councils' decisions. Based on thes.:-� suggestions, it. was moved by Mayor Butler, seconded by Councilmembe.r Adams, to table this application until the March 24th Council meeting for applicant to E:,'opose an alternative ,plan. Motion, Ayes 1, nays 0. N&lE!!!1R' S VANOW: Mayor Butler had nothing to report at this time ant% she turned the floor over to Councilmember Adams. 7 MINUTES OF THE RYGUI.AR ORONO COUNCII, MEETING HF:I,D MARCH 10, 1986 MAYOR'S REPORT continued Counci1member Adams reported that he attended a meeting on the new Dakota Rail which has purchased the Wayzata to Hutchinson line that runs through Orono. fie stated that scenic excursions and other recreational proposals are being made. He noted that there may be concerns regarding the City and felt someone should be policing the project. City Administrator Bernhardson stated that there are some bad sections of railroad to be concerned about but that some sections were replaced recen-zly. He stated that staf f wi 1 1 review and report back in a month. CABLE TV REPORT: There was no Cable TV Report at this time. CITY ADMINISTRATOR'S REPORT: BIG ISLAND HAZARDOUS BUILDING PROCEEDINGS RESOLUTIONS i1942 THROUGH 51975 City Administrator Bernhardson recapped this matter stating that the 185 I,egislature re-established the Big Island Board of Governers. The Board is compos,%d of representatives from four different veterans organizations: American I,egion, VFW, Disabled Veterans, and Order of the Purple Heart (2 representatives each). Title was given to the Big Island Board of Governers in December and the State has apparently tendered them monies (approximately $25,000-$30,000) with a stipulation. Additionally, Orono has been in the process of c_ommencinq hazardous building proceedings against all the buildings on the island. Back in August, Mr. Jim Lund, based on the institution of the Board, to work together on the removal of just the worst buildings which for the most part. has been done. Staff recommends that Council pass the hazardous building proceedings at this meeting and that the staff will hold them in Abeyance from filing with the courts for a period of 30 days in hope£ of rec.�viving the appropriate time table from the Big :island Board of Governers and if adequate progress is not made, staff will then file t hem with the court. It was noted that a conditional use would also be required end recommended that the Board of Governors make application. Addit.icnally, City Administrator Bernhardson noted that Roy's Bait of Excelsior hag been storing approximately 30-35 fish houses on the island which is in violat.icn of zoninq node and hardcover requirements; and is a fire hazard. MINUTES OF THE: REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 BIG ISLAND continued Representing the Big Island Board of Governors was Stuart H. Gorney, Donald M. Miller, Leonard A. Carlton and Ken Erickson. Also present was Joe Backes, a Bi Island property owner. Don Miller, acting as spokesman for the Big Island Board of Governors, explained the history and problems in support of keeping and upgrading the Veterans Camp. Hc. stated that since the Big Island Board of Go- ernors was formed, the only thing they have been able tr, accomplish in t;1is short time is having an architectual design draf :ed. He felt that the City should allow them a year to solve this problem. Mayor Butler noted that the City's interest represents a safe camping environment for all concerned. She stated that she has no problem allowing a year to work this out, but she wants a plan with a timetable presented and assurances that it is going to be carried out. Regarding rr:ak'ng application for a conditional use permit, the Board representative(s) stated they will apply wi-hin 10 days for the appropriate permit for overnight camping for the work crews only for the year of 1986. City Administrator Bernhardson noted a couple of major concerns if the Veterans Vamp were to be rebuilt and operated: 1. The dens4ty of the number of buildings in accordance with the standards. 2. Adequat? water supply and septic syste . 3. Storage of fish houses to be elimir:ated. It was moved by Councilmember Frahm, seconded by Councilmember Adams, directing the remova. of the fish houses from Big Island by May 15, 1986. Motion, Ayes 3, Nays 0. It was moved by Councilmember Frahm, seconded L Councilmember Adams, directing staff to secure from the Board of Governors the Conditional Use Permit application no latter than March 28, 1986,.if this is not submitted to commence with the Hazardous Building proceedings; and that the Board of Governors will submit a long range plan by December '1, 1986. Motion, Ayes -1, Nays 0. 'a MINUTES OF THE RFGUI.AR ORONO COUNCIL MEETING HELD MARCH 10, 1986 BIG ISLAND continued It. was moved by Mayor Butler, seccrided by Councilmerriber Adams, to adopt Resolutions #1942 through #1975 and approve the filing of the Hazardous Building proceeding3 no earlier than April 15, 1986. Motion, Ayes 3, Nays 0. Joe Backus suggested that the Council do a personal tour of the island. HAZARDOUS BUILDING PROCEEDINGS - RESOLUTIONS #1.938 & #1939 it was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt- Resolutions #1938 & #1939 Ordering Abatement of Hazardous Building Action at: Res. #1938 - 1385 Cherry Place Res. #1939 - 3220 Watertown Road Motion, Ayes 3, Nays 0. LIQUOR STORE OPERA-TIONS - 1985 City Administrator Bernhardson reported that he underestimated the amount of loss due to higher than anticipated expenses, final statement indicating a loss in 1985 of $8,600. Fe reported that to -date the projected estimates arf: ahead of targets for 1986. First quarter report to be reviewed and Submitted at the end of April or first May meetinq. It was moved by Council ber Frahm, seconded by Mayor Butler, that the Council. adopt the information presented for the Liquor Store Operation 1985 and direct staff to closely monitor the operation. Motion, Ayes 3, Na),-- 0. CASCO CIRCLE PARR/SNONMOBILBS Public Works Coordinator Gerhardson, reported that the interested party was not in attendance but did express her concern that this is a "worthwhile" matter. It was moved by Councilmember Frahm, seconded by Mayor Butler, that the Council authorize posting of the sign, prohibiting snowmobile activity in Casco Circ:Q Park, as noted at the location and that. police undertake reasonable efforts to enforce the ordinance currently contained in Orono codes. Motion, Ayes 3, Nays t7. HEALTH INSURAMCF. RSTI RBF3S AND PRRMANKMTLY DISABLED RFSOLUTION 01940 It was moved by Councilmember Frahm, seconded by Mayor Butler, that the City Council adopt Resolution 41940 :elating to continuation of health insurance benefits for persons who leave a>mployment with the City of Orono. Motion, Ayes 3, Nuys 0. MINUTES OF THE REGULAR ORONO COUNCIL. MNE1'?HG HLLU MAhCH 10, 1986 SPECIAL EvEN'PS* ORDINANCE 122. SECOND SERIES It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council adopt Ordinance #22 Second Series as amendmments to Ordinance Numbers 5.25 and 6.08. Motion, Ayes 3, Nays 0. WOL.SFELD WOODS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Council direct staff to write a letter supporting location of a caretaker in the location most advantageous for that person to monitor activiti.ec. ir, and around Wolsfeld Woods. Motion, Ayes 3, Nays 0. 1986 POLICE/L.ELS CONTRACT* It. was moved by Councilmember Frahm, seconded by Counci lr,ember Adams, that the City Counci 1 accept the settlement terms for. 1986 contract between the City of Orono and Law Enforcement labor Services. Motion, Av_es 3, Nays 0. 1986 HEALTH CONTRIBUTION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to a0just the amount for basic life insurance and for family health insurance coverage from $146 per month to $1.51 per month retroactive to January 1, 1986. Mo'L.i on, Ayes 3, Nays 0. CATASTROPHIC SICK LEAVE BAND* It was moved by Councilmember. Fra�,m, seconded by Co-.snci lmemt-er Adams, that tt,._ Counci 1 amended the policy for sick leave to include a bank for accrual of up to 320 additional hours (for use in catastrophic instances) when a person amasses more than 960 hours and that staff prepare th,,} appropriate amendment to the Administ_ative and Personnel Policy effective January 1, 1986. Motion, Ayes 3, Nays 0. STUBBS BAY SCHOOL It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council express its gratitude to Katherine Cram for her offer of Stubbs Bay School, but given the fact that the City need to move together with the expense of fixing up and the fact that the City does not have a strong use for it, that the City respectfully decline the offer. Motion, Ayes 3, Nays 0. X MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 METRO COUNCIL'S LAKE MIVMETONKA TASK FORCE LAKE ACCESS Given tt,e fact that the Counci l's stance is the same regarding this matter, it was moved by Councilmember Frahm, seconded by Councilmember Adams , that the City Council uirect. the City Administrator to deliver their concerns on the draft report of Metro Council as it relates to Lake Minneto^ka use and access. Motion, Ayes 3, Nays 0. PIJUIVIN , COMMISSION hPPOINTMBNT Councilmember Frahm suggested that the Council make one more offer t.3 Mr. William Sime asking him to meet with the Council to discuss re-appointme•it. He noted that he personally had no gLa'-nw regarding his actions as a Planning Commission member. Councilme::.-i-er i%dams stated that the offer already has been made +, Mr. Sime and fel� there was no purpose in re -extending that offer. Mayor Butler concurred that. there was no purpose in prolonging this matter further. It was moved by Councilmember Adams, seconded by Mayor Butler, that Maureen Bellows be appointe to the P,la,.,ning Comm; scion vacancy. Motion, Ayes 3, ?,,ys 0. 11NING =GGLISH PRORATION-' It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Chip English be approved as having completed probation as of March 10, 1986. Motion, Ayes _5, Nays 0. Motion, Ayes 3, Nays 0. JOXW MW DOCK/lORRST AR11N'i SOM 10KNIM ASSOCIATION* R0909 t#!'"ION # 1941 It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City council adopt Resolution 01941 to issue a Joint Use Dock License to Forest. Arms Country Club Addition Homeowners Association subject to the conditions noted for the period of January 1, 1986 to December 31, 1986. Mot: i en, Ayes 3, Nays C'. TOM X11 C.D.R.C. FUNDG* - PUSUC SING MA•CR 34, 1996 It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Council approve setting of a Public Hearing for Year X11 of the Community Development block Grant. Program for April. 14, 1986 at 7:00 PM. Motion, Ayes 3, Nays 0. .1 1 MINUTE: . mL RE:GUI.AR ORONO COUNCIL MEE`1'ING FIELD MARCH 10, 1986 C.D.B.G. FUNDS* continued (NOTE: At the end of the Council,.,roeeting, it was discovered that there would be a lack of a quorum present for the March 24th meeting, t—Prefore the Public Hearing was rescheduled and ,,e to be republished for April 14, 1986.) C.D.B.G. SEWER ASSESSMENT* It was move' Councilmember Frahm, seconded by Councilmember .., ..as, that the Orono City Council concur in the distribution of funds as outlined. Motion, Ayes 3, Nays 0. EMPLnYMENT/TEMPORARY PART TIME* - JAMIE BOSMA It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Council concur in the employment of Jamie Bosma for the period of time February 28 through June 1, 1986, at a rate of $6.00 per hour. Motion; Ayes 3, Nays u. RESIGNATION/EMPLOYMENT LIQUOR STORE* JAMES KRUEGER/DON ROLF It was moved by Councilmember Frahm, seconded by Councilmember Adams, that. the Council concur in the employment of Jim Krueger as of March 12, 1986 at a rate of $4.50 per hour, and to accept the resignation of Don Rolf effective March 1, 1.986. Motion, Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council accept City Administrator Bernhardson's information report regar..ing: Long Lake Library, Crystal Bay Appraisal Prog_ess, Administrator's Goal Setting, Ulrich/Bohn's Point Road, Gregory/Tanager Lake, and DE ring Island. Motion, Ayes .3, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Barrett had nothing to report at this time. LICENSE!;* It aas mc.cci by Councilmember Frahm, seconded by Councilmember Adams, to approve the fallowing licenses: Special_ Event - Easy Race VI, sponsored by Wayzata Bank a Trust.. and Minnetonka State Bank on AE,r-.1 27, 1986. Commercial Kennel License - D. Brian 6 Cathy L. Fulmer, TFie Dog House�Boarding Kennel, Inc., 3505 Wayzata Blvd. 13 MINUTES OF THE REGULAR ORONO COUNCIL, MEETING HELD MARCH 10, 1986 LICENSES* continued BILLS* Residential Kennel License - Duane W. Anderson, 4220 Chippewa Lane Se tic S stem Installers License - Sullivan's Services, Inc. Cigarette License - Patric G. Walker, Minnetonka Fishing Center, 3554 Shoreline Dr. Motion, Ayes 3, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 3, Nays 0. ADJOURNMENT 10:22 PM It was moved by Councilmember Frahm, seconded by Mayor Butler, to adjourn the regular Council. meeting at 10•:22 PM. Motion, Ayes 3, Nays 0. ATTZS'i /boi-ot.hy Hallin, City Clerk Mary C. Butler, Mayor AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 10, 1986, 7:00 P.M. (*) Asterisk items are considered to he routine items to be enacted upon by one motion by the City Council under the Consent item* on the agenda. Discussion will be held upon request. ROLL CALL COUP CIt MEETING 1. CONSFNT A^,ENDA* Jr AR 1019386 APPROVAL OF MINUTES * Regular 'voting of February 24, 19$6 CI�iv �I`�ITU PLANNING COMMISSION COMMENTS - Charles Kelley Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #967 and #968 John B. Idstrom, 2580 Fox Street - Preliminary Subdivision and Conditional Use Permit 4. #990 Ward Ferrell, 3405, 3411, 3415 Watertown Road - Variance 5. #1006 Chris and Dale Palm, 1710 Shadywood Road - Variance - Resolution 6. #1107 Robert and Carol Trapp, 4701 West Branch Road - Preliminary Subdivision 7. 41118 John S. Pillsbury, Jr., 3 1 a Woodhi 1 1 Road - Final Subdi v is ior - Resolution 8. 4993 Tonka Transmission, 1960 Shoreline Drive - Conditional Use Permit MAYOR'S REPORT CABLE TV REPORT CITY ADMINISTRATOR'S REPORT 9. Big Island Hazardous Building Proceedings 113. Hazardous Buildings Proceedings - Resolutions 1395 Cherry Place 3220 Watertown Road 11. Liquor Store Operations - 1985 11. Casco Circle Park/Snowmobiles 13. Health Insurance - Retirees and Permanently Disabled *11. Special Events Ordinance *15. Wolsfeld Woods *16. 1986 Police!LF.LS Contract *1.7. 1986 Health Contribution *18. Catastrophic Sick Leave Bank 19. Stu!)bs Bay School 20. Metro Council.'s Lake Minnetonka Task Force Lake Access *21. Planning Commission Appointment *22. Irving English Probation *21. Joint Use rock/Forest Arms Homeowner:. Association - Resolution '24. Public Hearing March 24, 1.986, Year XII C.D.B.G. Funds *25. C.D.B.!;. Sewer Assessment *26. Employment/Temporary Part Time - Jamie Bosma *27. Resignation/Employment Liquor Store - James Krut-jor 1GENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 10, 1986, 7:00 P.M. CITY ADMINISTRATOR'S REPORT *28. :administrator's Information Long Lake Library Crystal Bay Appraisal Progress Administrator's Goal Setting Ulrich/Bohn's Point Road Gregory/Tanager Lake Deering Island CITY ATTORNEY'S REPORT LICENSES (29*) BILLS (30*) ADJOORNKM MINUTES OF THE REGULAR (:"J COUNCIL MEETING HELD FEBRUARY 24, 1986 ATTENDANCE 7:00 PM The Orc) Council met on the above date with the /� following members present: Acting Mayor Adams, COUNCILMEETING Counci 1 members Frahm and Grabek. Mayor Butler and Councilmember liammere 1 were absent. the following IM ► 101986 represen,.ed the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhaidson, A Building & Zoning Administrator Mabusth, Assistant CIr1�/ OF'ORONO Zoning Administrator Gaffron, and City Recorder Peterson. City Attorny Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Consent Agenda* subject to removal of Items #7A (1986 Joint Use Dock License, Forest Arms Country Club Addition Homeowners Association) and #18 (Letter of Authority). K:Dtion, Ayes 3, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Minutes from the February 10, 1986 regular Council meeting. Moticn, Ayes 3, Na%,s 0. PARK COMMISSION COMMENTS ORONO GOLF COURSE Barb Peterson and Phil Bradley were present to represent the Park Commission. Acting Mayor Adams explained that the Council requested the Park Commission to review the Orono Golf Course and submit their recommendations regarding its future. City Administrator Bernhardson reviewed the Park Commission's opinions and facts as listed in the Park Commission minutes of January 26, 1986. Barb Peterson stated that the Commission did not get as much .information as they would have liked. She stated that the Commission would suggest some ammendments to the Community Management Plan. Acting Mayor Adams stated that he would lik,.� the Park Commission to look at additional uses other than golf. Councilmember Grabek stated that he would like the Park Commission to consider the long range upgrade plan. Barb Peterson stated that the Park Commission will initiate a full study at their next meeting. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1986 PARR COMMISSION-ORONO GOLF COURSE continued Bill Sime, 2106 Shadywood Road, was present and suggested that the City consider the possiblity of private ownership and operated as a public golf course. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to accept the Park Commission's report and direct the Park Commission and staff to proceed with further study. Motion, Ayes 3, Nays 0. LAKE 14INNETONKA CONSERVATION DISTRICT REPORT: LMK:D representative, Jo Ellen Hurr, was present. AMMED DOCK RESOLUTION* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, that the Council accept the information as provided thanking L.M.C.D. for addressing the City of Or.ono's concerns relating to the issue of residential dock limitation. Motion, Ayes 3, Nays 0. LAKE MINNETONKA VIOLATION PROSECUTIONS Jo Ellen Hurr encouraged the city to suppor* the fact that LMCD is the best means and body to deal with violations on the lake. She stat,:d that they do not anticipate any loss of revenues from this. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, that the Council concur with L.M.C.D.'s direction to take over prosecution efforts on the lake. Add itiona 1 ly it encourages L.M.C.D. to address the issues of municipal enforcement and writing of violations under L.M.C.D. code. Motion, A,,�s 3, Nays 0. PIJUINING COMMISSION COMMENTS There were no comments from the Planning Commission at this time. PUBLIC COW"TS William Sime, 2106 Shadywood Road, addressed the Council from a prepared text (copy attached to these minutes) which he noted would be published in the Pioneer so that the residents of Orono would have an opportunity to read his comments regarding the events that led to him not being re --appointed on the Planning Commission. ZONING ADMINISTRATOR'S REPORT: 0997 EUGENE G. ROSENTHAL* 640 TONKAWA ROAD FINAL. SUBDIVISION RESOLUTION % 1 9 2'., Nancy Rosenthal was present for this ma.ter. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1986 #997 ROSENTHAL continued It was moved by Councilmember Frahm, seconded by Councilmember Grabek, that the City Council adopt Resolution #1925 Approving the Plat of Rosenthal Addition. Motion, Ayes 3, Nays 0. 1986 JOINT USE DOCK. LICENSE AND R;ONEWi ..L,S RESOLUTIONS A) FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNER'S ASSOCIATION Due to Councilmember Grabek's personal interest, hence his abstention from voting in this matter and the lack of a quorum, it was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to table this matter until the March loth Council meeting. Motion, Ayes 3, Nays 0. B) NAVARRE COVE HOMEOWNER'S ASSOCIATION* RESOLUTION #1926 It was moved by Counci lme_•.1'wer Frahm, seconded by Councilmember Grabek,that i-he City Council adopt Resolution #1926 to issue a Joint Use Dock License to Navarre Cove Homeowner's Association for the period of Jenuary 1, 1%86 to December 31, 1986. Motion, Ayes 3, Nays 0. C) VICTORIA ESTATES HOMEOWNER'S ASSOCIATION* RESOLUTION #1927 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, that the City Council adopt Resolution #1927 to issue a Joint Use Dock License to Victoria Estates Homeowner's Association for the period of Januar,, 1, 1986 to December 31, 1986. Motion, Ayes 3, Nays D) WALTER'S PORT MAINTENANCE AND IMPROVEMENT ASSOCIATION* RESOLUTION #1928 It was moved L. Councilmember Frahm, seconded by Councilmember Grabek, that the --ity Council adopt Resolution #1928 t- issue a Joint Use Dock License to Walter's Port Maintenanc, ad Improvement Association for the period of Januar j 1, 1986 tc December 31, 1986. Motion, Ayes 3, Nay3 0. 9) FOX HILL HOMEOWNER'S ASSOCIATION* RESOLUTION #1929 It was moved by Councilmember Frahm, seconded by Counci lmt_mber Grabek, that the City Council adr pt Resolution 01929 to issue a Joint Use Dock License to Fox Hill Homeowner's AssoCiation for the period of .January 1, 1986 to Decemb?r 31, 1986. Motion, Ayes 3, Nayc 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1986 1986 JOINT USE DOCK LICENSES A) 3155 NORTH SHORE DRIVE - RHODI IEWLOW/LINDAHL RESOLUTION #1930 Susan Enlow and Sarah Lindahl were present for this matter. City Administrator Bernhardsun explained the request for a joint use deck license to serve the properties l::)cated at 3155 North Shore Drive, 3185 North Shore Driv and 1406 Bohn's P )int Road. He noted that the appli ,ant's may need to ( .)tain a variance from the LMCD to I ermit three boats at one dock, which staff wil l direct t iem to do. He noted that staft recommends approval. It was moved )y Counci 1 i-iember Frahm, second.=d by Counci lmembt r Grabek, t'tat the City Council adopt Resolution 4 930 approving a Joint Use Dock Lice; se to the own(rs ( f property located at 3155 North Shore Drive, _�185 "orth Shore Drive, and 1406 Bohn's.Point Road for the )eriod of January 1, 1986 to Decemb.!r 31, 1986. Motion. Ayes 3, Nays ). B) BIG INLAND VETERAN'S CAMP RESOLUTION 11931 City Administrator Bernharlson explained the reque:it for a joint us dock license for the Big Island Vetcr.an's Camp for a total of 14 slips. Staff recommends approval of 14 temporary slips because they do not possess the appropriate conditional use permit., at this time, to operate a cz_mp. It was moved by Acting Mayor Adams, seconded by Couricilmember Grabek, that the City Council adopt Resolution #1931 approving a a Joint Use Dock License to the Board of Governers, Big Island Veteran's Camp, on a transient basis contingent upon application of the appropriate Conditional Use Permit being made. Motion, Ayes 3, Nays 0. #842 ROBERT ZIMMERMAN 3415 CRYSTAL BAY ROAD VARIANCE RESOLUTION 11932 Bob Zimmerman was present for this matter. City Administrator Bernhard -on explained the request for a hardcover variance of 3.5%, a 2.2% increase over the present 26.3% in the 75-250' zone, totaling 28.5%. He noted that this was a considerable decrease from the previo ,s request. 4 MINUTES OF THE RF..GULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1986 #842 ZI14MER14AN continued It was moved by Acting Mayor Adams, seconded by Councilmember Grabek, to adopt Resolution #1932 approving the variance subject to st.aff's recommendation. Motion, Ayes 3, Nays 0. NRD INC. 1390 FRENCH CREEK DRIVE CONDITIONAL USE PERMIT RESOLUTION #1933 Assistant Zoning Administrator Gaffron noted that Ned Dayton was unable to be present at this meeting. MAYOR'S REPORT: MOLSFRW MOODS City Administrator Bernhardson explained tr.e request for a conditional use permit to regrade a designated wetland into an apl,ropriate wildlife pond. He noted that the engineer has reviewed it and staff recommends approval subject to recommendations per drafted resolution. Councilmember Frahm recommended incorporating the following finding in the. resolution: The pond is located high in the watershed and run-off must travel nearly a mile before reaching bake Minnetonka. It was moved by Acting Maycr Adams, seconded by Councilmember Frahm, to adopt Resolution $1933 approving the Conditional Use Permit amending it to incorporate the previous stated Findincq. Motion, Aye3 3, Nays 0. Acti nq Mayoi Adams noted that there has been a problem over the years of vandalism, parties, and various nuisances in the 200 acre area and many of the problems gave been alleviated because of a caretaker living on the premises. He stated that he recommends the Council pass a resolution supporting the need of a caretaker living on the premises which wo•ild be in the City's and neighbors best interest. Councilmember Grabek stated that he does not feel the City should get involved _in L private matter with the DNR and based upon no documi�ntation from the DNR regarding this cutter. Councilmesber Frahm stated that he tends to favor having a caretaker on the property, but would like to hear DNB's position in this matter. City Administrator Bernhardson stated that staff will research and report back to the Council at the March loth Council meeting. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1.986 WOLSFELD WOODS continued Councilmember Grabek stated that the people involved should appear before the Council with the information needed for their case and that the City should not sE -nd a lot of time and money on this. Acting Mayor Adams agreed that staff should not spend too much time on this. CABLE TV REPORT: MEETING OF FEBRUARY 18, 1986 Acting Mayor Adams stated that he attended the last meeting and was put on the nominating committee. fie noted that they are considering a public information program where a moderator wouid report information provided by the area City Administrators. CITY ADMINISTRATOR'S REPORT: PLAMING COMMISSION APPOINTMENT It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to appo'nt Maureen Bellows as the new Planning Commission member. Motion, Ayes 2, Nays 0, Councilmember Grabek atstained. LIGHT BAR PURCHASE* City Attorney Blatz noted that it is questionable whether the motion passes because of the abstention and lack of a quorum. Based on City Attorney Blatz's opinion, City Administrator Bernhardson stated that this would be brought back to the March loth Council meeting. He also noted that he strongly encourages Council to consider the alternate(s) possibility. Acting Mayor Adams stated that it was Councils' qeneral feeling that there would be problems with alternates. It was moved by Councilmember Frahm, seconde-' by Councilmembei Grabek, that the Council approve the Police Department purchase of light bar, siren and speakers in the amount of $799.95. Motion, Ayes 1, Nays 0. WATER SUPPLY RATING* It was moved by Councilmemher Frahm, seconded by Councilmember Grabek, to commend the Utility Department. and Public Works Coordinator, John Gerhardson for their excellent efforts in improving the water supply ratinq for the community. Motion, Aves 3, Nays 0, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1986 CARPETING - POLICE DEPARTMENT* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, that the Council release budgeted monies for replacement of the carpet in the Police Department. Motion, Ayes 3, Nays 0. C.D.B.G. SEWER ASSESSMENT GRANT PROGRAM* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, that the Council accept the information and approve the City's request for discretionary monies from the County to help fund the sewer assessment grant prograir�. Motion, Ayes 3, Nays 0. LETTER OF AUTHORITY - JOKE GBRBARDSON Acting Mayor Adams questioned who the appointed acting Administrator would report to. City Administrator Bernhardson stated that he reports to the Council in general working directly with the Mayor as the Chairperson of the Council. He stated that this would be incorporated in the Letter of Authority. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, that. the City Council approve the Letter of Authority as amended for John Gethardson to act as the Administrator in the absence of Mark Bernhardson under the provisions outlined in the attached letter. Motion, Ayes 3, Nays 0. PUBLIC AUCTION - VEHICLES* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, that the Council approve the sale of the listed vehicles at public auction on March 29, 1986. Motion, Ayes 3, Nays 0. SHMM CONNECTION - VanEeckhout* It was move' by Councilmember F ahm, seconded by Counci lmemhf r Grabek, City Counci 1 accept the information egarding the request for sewer from Mr. Charles VanEe,-:khout. Motion, Ayes 3, Nays 0. 8dIOR CITIZEN DSFBRKMM* RN"PLICATION FROM 80-1 PROJECT - RRSOLUTIONS V 934 : i1935 It was moved by Councilmember Frahm, seconded by Councilmemi..,er Grabek, that the Council adopt the following resolutions establishing deferrals for those named within each of the resolutions: Resolution #1934 - henry M. Skarp Resolution #1935 - Basil M. Young Motion, Ayes 3, Nays 0. MINUTES OF THE: REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 198b AMEND FEE SCHEDULE - ORDINANCE* It was moved Counci 1 membi amendments fees for b Temporary "No 3, Nays 0. by Councilmember Frahm, •onded by 'rabek, that the City Counc: adopt the .r,ance No. 17, Second Series, setting g Permit Valuation Standards and ing" Siqns as proposed. Motion, Ayes ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Giabek, that the City Council accept City Administrator Bernhardson's information report regarding: Lake Minnetonka Access, Police Scheduling, Big Island Veteran's Camp, and 1986 Corporate Work Plan. Motion, Ayes 3, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Hlatz had nothing to report at this time. LICENSES* BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Gral)ek, that the City Council approve the following licenses: Septic System Installers - Marty Bros. 9436 Quaker Lane, Osseo Residential Kennel - John & Ginger Traul 4640 West Branch Road Mot. ion, Ayes 3, Nays 0. It. was moved uy Councilmember Frahm, seconded by Councilmember Grabek, that the City Council approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 3, Nays 0. EXECUTIVEI SRSSION 7:50 PM City Administrator Bernhardson requested the Council enter into Executive Session at this time to discuss labor negotiations. AD..IUURNM ;NT 7 :5'- PM It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adjourn the regular Council meeting at 7:55 PM. Motion, Ayes 3, Nays 0. ATTEST: Dorothy M. twin, C ti y CCTerk� Tim R'ams,� y ting Mayer 8 TO: Orono Council Members FROM: Michael P. Gaffron, Assistant Ior, DATE: March 4, 1986 i.OUNCIL MEUING 3 Administrator RAN * 101?0.6 SUBJ: #967 John B. A. Idstrom, 2580 Fox Street CITY OF ORON'O Preliminary Subdivision - Second Review' #968 Conditional Use Permit for Driveway Crossing Wetlands Zoning District - RR-lB, Single Family Rural Residential - 2 Acre Application - 1967 Subdivide a vacant parcel to create two building sites #968 Conditinnal Use Permit request to construct a driveway through a d, _gnated wetland area List of Exhibits Exhibit A - Applications Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey as revised 11/27/85 ExhibitE - Survey with originally proposed driveway location & culvert data Exhibit F - Septic Report (Portions included for clarity) Exhibit G - M.C.W.D. Wetland Crossing & Culvert Approval Exhibit H - Staff Memo of 10/18/85 Exhibit I - Planning Commission Minutes 2/18/86 Exhibit J - Notice to Applicant 2/21/86 The applicant is requesting to subdivide a 13.5 acre parcel (10.4 acres dry buildable) int.: two new building sites. Proposed Lot 1 - 7.5 acres dry (3.6 dry contiguous acres at hui ldi.ig site, 2.8 acres wetland, 3.9 acres dry non-contiguous). Proposed Lot 2 - 2.9 acres dry (2.1 dry contiguous acres at building site west of 20' driveway easement, 0.3 acres wetland, 0.8 acres dry non-contic-ious ). Each lot meets the minimum area requii :nts. Note that the bui.ldingsite for Lot 1 is a� the north end of the property. 3oth lots are in excess of 200' wide at the proposed building site, but equire a variance to the "frontage" requirement-;. (See separate memo on this) Applicant is requesting approval for the driveway to access onto Fox Street to serve both proposed building sites. Access easements across and in favor of each lot would be required. Note that with the proposed driveway location on: an easement over Lot 2, only the area west of the driveway easement is considered in the contiguous dry buildable lot area. The appl i t -:nt's surveyor has located the proposed driveway 26, from the wet- lan,'•-,, and with a 20' driveway easement, this site plan will keep 2.2 contiguous acres of dry buildable west of the driveway easement on Lot 2. Also, the revised proposal keeps 2.1 acres of dry buildable west of the easement at the lower end of Lot 1, should the applicant wish to divide Zoning File #967 & #968 March 4, 1986 Page 2 of 3 off a 3rd lot in the future. Note that with the current division the City will require the dedication of approximately 18.7 feet of right-of-way over the traveled portion of Fox Street. (Fox Street is platted at 66' wide, but the traveled portion actually extends a few feet into the Idstrom property.) This will reduce the area of the "future" potential lot to 2.0 acres, still meeting the 2-acre requirement.. Also note the surveyor has designated a "barn zone" which would meet the 150' setback requirements for an animal barn. The Public Works Coordinator has rev' ed the proposed driveway access location and finds it very Euita iith good sight distance both directions. The applicant's engineer has submitted a soils report indicating that suitable areas exist on both lots for shallow trench drainfieid systems. fie has also provided information regarding the necessary culvert sizing for the area where the proposed driveway will cross the designated wetland in order to access the rear building site. This is not a DNR protected wetland. The Watershed District has given their approval of this crossing and culvert proposal, and City Engineer, Glenn Cook, has recommended that a corridor 32' wide be allowed for the propose-," driveway, with conservation and flowage easements taken over all the wetlands on the property. Note that the pror �,_d driveway location creates the least disruption of wetlands necessc.ry to access the back portion of Lot 1. In discussing the reasoning behind accessing onto Fox Street rather than onto the private ; oad abutting the property, applicant noted he preferred the privacy of a long driveway. Although accessing onto the existing private road seems more logical from a maintenance and cost standpoint, staff does not see any compelling reason to deny the new Fox Street access. Planning Commission reviewed this subdivision at their February 18, 1986 meeting and recommended preliminary plat approval subject to the following: 1. Submittal of driveway access easement documents between Lot 1 and Lot 2 as appropriate. 2. Dedication of standard drainage and utilities easements at the property boundaries. 3. Dedication of standard conservation and flowage easement ver the wet lands on the property, allowing a 20' corridor for _riveway purposes. 4. Dedication of 18.7 feet of right-of-way for Fox Street. 5. Payment of Park Fees in the amount of $200 for the 3.4 acre lot and $100 for the 10.1 acre lot. Zoning File #967 & #968 March 4, 1986 Page 3 of 3 6. Approval of a variance and conditional use permit for the filling of the wetlands in a 32' wide c-)rridor in order to provide access to the rear of the property, with the appropriate culvert as approved by the City Engineer. A variance to the frontage requirements wc,ld be needed as discussed in the separate memo on the subject. Staff would recommend approval of this preliminary plat, noting that the necessary variances and wetlands conditional use permit would be incorporated into the final plat approval resolution. i �i 1)tL4-1 WtM e ec'd F - By ( I Fee ecd j/_—,) cr, CITY OF ORONO �-4*-- 17 -7 SUBDIVISION APPLICATION FORM`w -�;z --------------------------------------------------------- C-�4-6�4=------- -'_SU APPLICANT Name .7C7,4//t/ A4. A, 1,ej7,iF0jj-z '/ _ Telephone Mailing Address " S4PO do /9X f7,Pf,5r _ (tJAYZATA S3'39/ PROPERTY Name fjf/►tr Telephone OWNER Mailing Address (Attach list if more than one) PROPERTY LOCATION Street Address 25-Po Fox-rrR(-or7 6•/�il'2.1:A s7nn/ Property Identification No. (P. I.D. ) -'2 73 'Yl eo Complete Legal Description to be attached to applicatioi► --------------------- ----------------------------------------------------- EXISTING LAND USE Number of Tax Parcels / Development Size 0.`>' Acres Dry Land _ - i Acres Wet Land %.?,S Acres Total, all parcels Present Use (check) Resid,-,tial; no. of. units Q Other (specify) _ Present Zoning District A& fB -------------------------------------------------------------------------- PROPOSAL Y` 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 L Total Units Proposed Gross Density Units per _� Acres Minimum Trot Size: //.�� 1 Sp Squat e Feet Dry Buildable Land Proposed Use: (check) -, �_ Residential other (specify) ( OVEN ) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application 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 Gcvernment Center 348-3271) 4. Stamped, legal sized envelcpes (110) 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 and acceptable form of security. Certi'ication by Zoning Department that Final Plat Application is complete. Zonl Officials Signature Date FEES---------------------------------------------------------- --- 66 w4utJoe old* Sketch Plan Review !Mass I, I7 6 III) $150.00 Preliminary Review (Class 16 II Subdivisions) $250.00 Preliminary Review y300.00 plus (Class III and all non-residential) i0.00/lot Final Plat Review (Class III) $1-50.00* *(Plus any legal or engineering charges) Applicant has read the above and hereby agrees tc, provide all information required or requested by the Zoning Administrator, City 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 Signatur,_JL Hate .4 Ai ar Owner's Signature _ to Applicant must. hav all ubmittals into the City offices 25 days before the Planning Commission inq. Planning Commission Meetings are usually held on the third Monday of each month. tJ ! Date �tec'd By �� _I tit Fee Wec' d CITY OF ORONO 11 -7 �1 SUBDIVISION APPLICATION F 49 0.e) 1"n .1, / �;? Uv - u� ------------------------- #--9 6 ------------- APPLICANT Name .701y-.lJ 4. 4, /C.i7,P�i►-1,� i/ Telephone Mailing Address 2 S?O fOX _ "eZitTA S-S.39/ PROPERTY Name �/►t 6 OWNER Mailing Address !Attach list if more than one) Telephone -------- ---------------------------------------------------------------- PROPERTY i-OCATION Street Address 25-Pa FOX JTiPr. orT 6w�frzd rx SS39/ Property Identification No. (P.I.D.) Complete Legal Description to be attached to application ------------------------------------------------ ------------------------- EXISTING LAND USE Number of Tax Parcels Development Size /0. y Acres Dry Land 3,1 _ Acres Wet Land $ Acres Total, all parcels Present Use (check) x Residential; no. of units O Other (specify) Present Zoning District ROE -/B -------------------------------------------------------------------------- PROPOSAL nivi.sion for Tax Purposes Lot Line Rearrangement Only (no new building sites) --X Subdivision for NAw Building Sites Number of Building Sates: �_ Existing Units New Units L Total Units Proposed Gross Density Units per /Y 5 Acres Minimum Lot Size: j/�i Z J O Square Feet Dry Buildable roA,r•o-eB-e'J' Land Proposed Uses: (check) X _ ?esidential Other (specify) --------------------------------------------- (OVER) MINIMUM MATERIAh NECESSARY FOR COMPLETE PRELIMINARY A I 6 1. Application 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 WO pre -addressed to each of the names on thr- 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 ce-tificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date YEES---------------•------------------------------------------ � �� 4d6- * 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-reFidential) 20.00/lot _ Final Plat Review (Class III) $150.00* *(Plus any legal or engineering charges) -------•------------------------------------------------------------------- Applicanthasreadthe.aboveand hereby greesto provide all informati on required or requested by the Zoning Administratoi , City Engineer, City At'.:rrney, Planning Commission and Council necessary to process this application and tur,.her agrees to pay all additional fees established by ordinance. Applicant's ignaturC, Date r 1� Owner's signature � _ tf. Applicant must havQenq. uhmittals ins.) the City offices 25 days before the Planning CommissioPlannisiq Commission Meetings are usually held on the third Monday of each month. 1 r` RUN DATE 06/20/85 BATH 008 3A 04-117-23 13 0002 PPOP ADCR C'.IIER NAHr 6 J DODD T A ,:PAYER G J DODD HAYE:'AG^R 1231 APCHER LAME PLYMOUTH MH 55447 38 04-117-73 14 0005 PROP ADCR OL::;ER NAME THE STATE OF MINNESOTA TAXPAYER STATE OF MI'!NESOTA NAME/ACOR R C HESSBURG SP AST ATN GL BOX 38 CE�;TEN141AL OFFICE CLG ST PAJL M11 55155 38 04-117-23 41 0004 "POP ADDR OW!TER NAME WILLIAM E OGRAM ETAL TAYPAYEP. DEAN R LINDCULDDt! NAME/ADDR 2630 FOX ST WAYZATA M14 55391 38 04-117-21- 42 0010 PROP ADCR 0-620 FOX ST O.,!,EP NAME THEO WANSENSTtEN jR TRUSTEE TAXPAYER G JAY A T L BUAIREP. NAME/ADCR 2420 FOX ST WAYZATA iY 55391 38 04-117-23 44 0002 ^, PFOP ADDR C:OiER NAME LYNDON S STUBBS ETAL TAXPAYER LYI?10:4 S STUBBS NAME/A✓GR 155 VLD CRlSTAL BAY RD a• LO!'G LAKE MN 55356 low 1 AOI� HENNEPtN COUNTY PROPERTY INFORMATION SYSTEM PROFERTY OWILERS LIST 38 04-117-23 14 0002 00305 WILLOW OR S D R CARPLNTIER/C M CARPENTIER DANIEL R LAPPENTIER 305 WILLOW DR SO LCttG LAKE MN 553116 38 04-117-23 41 0001 00505 WILLOW DR 5 D W JIMMEP.SON D W JIMIEPSON '_'OS " WILLOW DR LC' ':E MN 55356 38 04.117-23 42 0003 02640 FOX ST NARY K THEIS DARRELL A d JUDITH PLUCKER 2640 FOX ST Cr:D`70 MIN 55391 3o 04-117-23 43 0069 02625 FOX ST D A E PETFPSON DAVID E PEiEPSON 2625 FOX STPEET WAYZATA YN 55391 TOTAL BA'CH 008 00013 REPORT NO. PI435401 PAGE 12 38 04-117-2- 14 0003 00405 WILLOW OR 5 CHARLES JUDO RII.GER A WIFE CHARLES J RI11rER 405 WILLCW OR S L(A-* LAF E MN 55355 38 04-117-23 41 0003 #913 OZ650 rOX ST K A K ANDERSON KEITH A KATHLEEN ANDERSON 2650 FOX ST WAYZATA MN 55391 38 04-117-23 42 0009 02630 FOX ST DEAN P LIN^BLOOM ETAL DEAN R LIIM SLOCM 2630 FOX ST WAYZATA MN 55391 38 04-117-23 43 0010 02665 FOX ST 0 A B VU1:ILIN DEITITS F KUMLIN 2625 FO,: ST WAYZATA MN 55391 Md J of a7. � r• _?, 6 i AC. AV IN mmr# fAR r Certificate of Survey `or John B.A. Idstrom, II of Lots 13 and 14, Auditor's Subdivision No. 229 N Hennepin County, Minnesota - •I 759 Co' Eost tI cerntr W. 4 -u7.1! - /0, 3 tACRC1 WA V N ?.814C. we, y5!AC.D-0Y A opofe fly;`1;A( Linf h N 2. 5 ' ACR cf 1 CAV r/6NOUf OA%' r. i l AtAt 4Y W(Jr L 0.3 t c. t r �uf —" Ir roof oA Ijl1 w o i I �•• 1 le'we • a / ' AC 1 6.flfAf �!' atr I." eF . to4OiAfr !Ai'f rLAA..eI ,1 f /E•P c.�r N� I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 13 and 14, AUDITOR'S SUBDIVISION NUYXZR 2290 HE-INEPIN COUNTY, MINNESOTA, using plat distances from the East line of said plat to establish the East line of the property, and using existing judicial landmarks,set in a registration proceeding,to establish the West line of the property. It does not purport to show improvements or encroachments ex-.ept the existing travelled road. COFFIN & GRONBERG, INC. g Gordon R. Coffin Reg-. No. 6 4 Park S. Gronberg Reg. No.127'55 Land Surveyors and Planers Long Laka, Minnesota M For Sl�uf �ka��7' os tvx.•''a.+l Scale: 11, = 2001 Date : 4-2-E4, 0-13-e5 i .,.,ram do �'ivf:oa� rr✓ • : Iron morkar found o : Iron mark r out • : Judicial landmark found 5 ! 4. 4f'S .Orr {J=.Aik,/ Certificate of Survey of Lots 13 and 14,BAuditor's Su11 bdivision No. 229 N Hennepin County, Minnesota Y, 6 t AC. Aer AW NwrA' fART )./ i.1 t778m'rN \ 1.8 ?.l Er 1 I 7. 3 S A � owe r A r PAoio� e 1 � TL✓O tut Ar137. CAI/ ,� CDA�T/BLOUJ t(JfTL,1�%OI MA--Xz o r ..___ r AC r40 Y- 759.00' Eos! Ysaeiner 5a,4-117.1! - I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 13 and 14, AUDITOR'S SUBDIVISION NUMBER 229, HENNEPIN COUNTY, MINNESOTA, using plat distances from the East line of said plat to establish the East line of the property, and using existing judicial lardzarks,set in a regi-tration proceeding,to establish the West line of the property. It does not purport to show improvements or encroachments except the existing travelled road. Fo or S rw f Y Food of tro.wl/d COFFIN & GRONBERG, INC. Goreon R. Coffin Reg. No. 6064 K-, : S. Gror. erg Reg. No.12755 Lend Survoyors and Planners Lc:ng Lake, MJ.rne-sota Scale: 1" = 200, Date : 4-2-84 , 9 e . Iron marker .ound o : Iron marker set e . Judicial landmark found Ta—q9 A04(4 + i1. 9 ,4Cdrr It 4crorr t✓(T /O. Y t .4C4I.1 t94 v, MCI ---. ' 4' L Y lii 5� ! fl q Lake (BFi981) /'4k NORTHER N t--T—•tir-'z��.- - . • :i `� i ! ' -z . ~} "' -46 It I� ,•. 1 ! �pj �• ! T • .} Y. �• •;• # .j�� 6 WEST o� - » �� •�• .y 6• B / •t_' • d f •t . e SCIr{M!p Cko - a4 t 7-117 Ore .0 Cowry -- .-' _, �., c. - . •'• • _ 1 , N ) --� t �,.�e • . yw + Korn" Cb,e• Cl Q. • t djy' -' - �ti Y IJ ' Calvjh Ch • t •ut - j r _ - 1 f —� -�� • �.' � ="'x-''tom •. I i• f'r dp Tan aver � ` _ •' - ... � - � � � - r '`-- .tom_. ..� -� . i �`i�---� - - t►`_.� h Lakei It ap t�oo+rout oa (•T� f .. '` 'fir' / / _ � ta�sntl r\ ` �t�te f Minnesolta PROJECT: -F�� tis�rn;n 1'1"3c nocd HYDROLOGIC AN.) CHANNEL INFCRtdATICN O.A. n I(a K CULVERT U_`S:GN SHEET 4 '70 = 3`; CFs q ) = 22cFs Department of Highways DESIGNER DATE \ o - ; b65 SKETCH STATION: _ CHAWIEL : Slope - I (1 I EL. 1w� Condition - ►S7� �•\\\ HICHWA,ER D: Elev. _ AHW=2.0- Commer is Tw AHW Oased on - ; 't , , ci e < t? r EL. So _ c - J T C'1ew c�ac� L _ ! EL. _ (Us-1 baCK of shtet for T W _ : i's1i �—,HEADWATER COMFI/TATICV = , 1 INLET CQ:JTROL OUTLET CONTROL OUT- CLASS CULVERT TYPE Q SIZE 10 HW I 3 LET DER' on f.:'S ` tommew5 p H:Y I TW d_ dot C ho H Lsa NW �v ILLL GAGE 'Co ^.t�•P• 2L 3� O,'t3 2•Iq o,_ "L� '.2 a. iri I L.,(ld 2'L 30� o, l.(� 2.05 2 L �l5 . o4 gb 18, ! ,68 7.'SL o.s 1,3 ;.-A I, i 2.2 . C,4 iS "c T`t.P 1$cC 18" 1,�8 2.52 v.5 1,3 i.g �,�t Z.2 •�q S C SUMMARY 6 RrtoMMENDATIONS: John B.A. Idstrom, U t i_ F A l mdkettcki - Enc inecrtti� iabrt�- �0" Crvs\Ncck C.\ass 2- TIP-teal sect ion Bohn B.A. Tdstvom l 11. S 13' a• _ r 1 \ j �-- Fill TI'WA A01 cxta.�t}',an C�ec;hs G"gushed c655 z Tvp+cal Section SITE EVALUATION REPORT FOR JOHN B.A. IDSTROM, II EC i �6 IN LOTS 13 & 14, AUD. SUB. 140. 229ORONO, MINNESUTAITY (IF UfMU 10-5-85 On August 29-31, 1985 two proposed lots were tested for both primary and alter- nate drainfield sites to determine their suitability for on -site drainfield sys- tems. Testing was done in accordance with Individual On -Site Sewage Treatment System Standards(WPC-40). Lot 1, the north lot, had an average percolation rate of 7.7 minutes per inch for the primary site(holes 1-4) and a rate of 10.4 minutes per inch for the alternate site(holes 5-6). With the possibility of a moderately high seasonal water table, shallow trench systems would be needed for both sites. Lot 2, the south lot, had an average percolation rate of 21.6 minutes per inch on the primary site(holes 1-4) and 15.2 minutes per inch for the alternate site(holes 5-6). Because of the high seasonal water table, shallow trench systems would be ne(_ded for both sites with some fill required over the trench- es or an interceptor drainti le used to lower, the water table. Additional inforr.,tion follows. If any other information is needed, please contact me. Sincerely, PERCOR, INC. -•%ice-���� �--�--�'_-�-v Mark S. Gronberg, P.E PCA certified J I+ r Ate. ,;-, Z-ar / _Ir DAre' : io -s-,rs ICAcF. /"=/oo' ~c , w0,4 d- : P- / TO//— DO,lwG! SB—/ s'Por E[Ec•� � 93, r t%ATi4i►t it II.I�y E O for z �. l-�j f2c r 1'C,4 : ! s ioo ' S-,OO / ! c ! ✓ : /O /, y pn rein , 4 I rv^ f o :I SHE 0 p�Sl N N� C� ff1 EHAHA CREEK l ►Il( YIM MlfOM�► ',r V'It: I' LRSHED VISTRIC ' P.O. Box 387, Wayzata, Minnesota 55391 ` BOARD OF MANAGERS David H Cochran Pre% . AlbetI L Lehman .Joan F Ihomas Mrt li Ael R Carroll . Camille D Andre • Jame% D MCWell) y . Jame% R Spensley Permit Application No: 85-180 Date: November 27, 1985 Owner-: John Idstrom II 2580 Fox Street Wayzata, MN 55391 Location: City of Orono, Sec. 4DB, south of Luce Lire, north of Fox Street between Old Crystal Bay Road and Willow Drive. Purpose: Culvert installation to cross an unprotected wetland to allow access for a 2-lot subdivision. Dear Mr. Idstrom: At the regularly scheduled November 21, 1985 meeting of the Board of Managers, the subject permit aidlication was reviewed along with the following exhibits: 1. Permit Application 85-180 received November 13, 1985.. 2. Certificate of survey dated April 2, 1984, revised August 23, 1985 prepared by Mark Gronberg, P.E. 3. Culvert design computations, dated October 16, 1985, unsigned. 4. Copy of USGS quad map showing estimated boundaries of tributary drainage area. The Board approved the permit application. This permit is valid for one year. If construction is not complete within one (1) y!ar, an ex'ension must be requested. Please contact the District at 473-1224 when this project is about to commence so an inspector may view the work in progress. EUGFNE A. .!ICKOK AND ASSOCIATES Engiegr9 fob th ric� c: Board G.-,Macomber 1,-City of Orono Michael A. Panzer, ^.E M. Gronberg Date of Issue -- _- - ht r TOE Planning Commission Members FROM: Michael P. Gaffr.on, Assistant 'Zoning Administrator DATE: Oct.. r 18, 1985 SUBJ: #967 John B. A. Idstrom, 2580 Fox Street Preliminary Subdivision - Second Review #968 - Conditional Use Permit for Driveway Crossing Wetlands List of :xhik,' is - Exhiui_t A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Staff Memo of 9-1.1-85 Exhibit F - Survey with proposed driveway location and culvert data Exhibit G - Septic Report (Portions included for clarity) This item was tabled at your September meeting pending receipt of the septic report and information regarding the driveway and culvert; also pending resolution of the question of access from the adjacent private road. The applicant's engineer has submitted a soils report indicating that suitable areas exist on both lots for shallow trench drainfield systems. Fie has also provided information regarding the necessary culvert sizing for the area where the proposed driveway will cross the designated wetland in order to access the rear building site. This information was received too late for the City Engineer to review it. Note also that applicants engineer will be bringing this driveway/culvert application to the MCWD for approval at their November meeting, with no roblems anticipated. We still have no written c:onf irmation that access can be gained via the private road immediately west of the proposed division. Although this is still a possibility, applicant is requesting approval for the driveway to access onto Fox Street directly, to serve both proposed building sites. Access easements across and in favor of each lot would be required. Note that with the proposed driveway location on an easement over Lot 2, only the area west of the driveway easement is considered in the contiguous dry buildable lot are? Assuming a 20' wide easement centered on the driveway as plotted, the area west. of the driveway easement would still be about 2.0 acres. Staff has suggested to the applicant that a driveway along the east property boundary would cause less restrictions for Lot 2 and any future division to the south. As it :.stands now, the proposed driveway would negate the southerly portion as a future building site because the area west of the easement is less than 2 acres. (See 1.0.03 Subd. 6(B) and 11.03 Def. 24) Both lots meet all width and area requirements of the RR-1B zoning district.. 1968 Idstrom October 18, 1985 Page 2 Staff would recommend preliminary approval of the proposed subdivision, subject to the following conditions: 1. Final driveway access location on Fox Street to be approved by Public Works Director. 2. Submittal of driveway access easement documents between Lott and Lot 2 as appropriate. 3. Dedication of standard drainage and utilities easements at the property boundaries. 4. Dedication of conservation and flo,*--ige easements over the wetlands on the property. 5. Payment of Park Fees in the amount of $200 for the 3.4 acre lot and $100 for the 10.1 acre lot. Staff would recommend tabling the Conditional Use Permit application pending the City Engineer's review and the MCWD approval for the wetland crossing. Note that when finally appr.•- -�d, the Conditional Use Permit would include a variance to SectiL 10.55 Subdivision 15(a)(1). Attorney Gregory Halbert stated that. the subdivision application is separate conceptually from the other issues being dealt under the conditional use permit. There were no comwent s `rom the public and the public hearing was closed. It was moved by Goetten, seconded by Charimar lley, to table this matter until the April Planning (-ommission meeting or until informat' n needed is received. Motion, Ayes 5, Nays 0. =842 ROBERT ZIMMERMAN 3415 CRYSTAL BAY ROAD VARIANCE - SECOND REVIEW PROPERTY OWNERS RE -NOTIFIED Robert Zimmerman was present for this matter. Assistant Zoning Administrator Gaffron explained the request which was tabled in 1.984 subject to applicant revising his plans. He noted that applicant has revised his plan to include a garage addition and proposes removal of existing hardcover resulting in net increase of 2.2% in 75-250' zone. McDonald stated that she felt it would be a nice addition to the neighborhood. Assistant Zoning Administrator Gaffron stated that there is no known opposition from the neighbors and all he ie been re -notified. It was moved by McDonald, seconded by Goetten, to recommend approval of tt 3.5`d hardcover variance in the 75-250' zone, condition on the applicant removing 2 areas of gravel and the existing detached garage structure. Motion, Ayes 5, Nays 0. (#967 i #968 JOHN A. IDSTRON % STREET PRELIMINARY SUBDIVISION/CONDITIONAL CONTINUATION OF PUBLIC HEARING 8:53 .Iohn B. Idstrom this matter. Mr. also present. USE PERMIT - c :07 and David M. Ostreim were present for Idstrom's engineer, Mark Gronberg, was Assistant. Zoning Administrator Gaffron explained the request for a two lot subdi si.on (there are nc houses on the lot presently) creating a new building sites. He noted that both lots meet the 2 acre dry buildable minimum and standards f septic systems. He also noted that there is a potential for a future 3rO lot which would also meet the 2 acre requirement. It was noted that applicant is requesting approval for the driveway to access onto Fox Street to serve both proposed 0 building sites. Planning Commission discussed the proposed driveway which will cross the designated wetland in order to access the rear building site. It was noted that the Watershed District has approved this; crossing. There were no comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by " ,y lor, to recommend approval of the preliminary subd.Lvision and conditional use permit subject to staff s recommendations. Motion, Ayes 5, Nays 0. #990 WARD FERRELL 3405, 3411 &3415 WATERTOWN ROAD VARIANCE - SECOND REVIEW Ward Ferrell was present for this matter. Assistant Zoning Administrator Gaffron eAplained that this application was reviewed approximately 6 months ago on an appeal basis givi; .1 the applicant a general idea regarding the City's p licy regarding situations of three contiguous suhstandar(a lots in common ownership. All the Planning Commission members basircily concurred "lith their opinions -tated at the November 18, 1985 anning Commission mc-_sting, that this property should divided into two lots only. Mr. Ferrell stated that the City of Orono requested him to divide the property back in 1958 so there would not be future problems with building another home, and that this fact should be honored. fie also noted that when the zoning changed from a I acr^ to a 2 acre zoning district, he was t.ol0 t;,is would not affect existing lots. Assistant Zoning Ac.,ninistor reviewed the history of zoning changes in that a. -om ? 950 to 1984. He noted that the proposed le.; the criteria required but a density issue and setting precedent are open. It was moved by Chairman Kelley, seconded by Taylor, to recottanend denial of the 3 lots b •ause it does not meet applicable building code criteria. Motion, Ayes 2, Nays 3. Motion dies. Rovegno, McDonald, and Goetten voted nay. Rovegno stated that he felt this is a difficult cision because it seems that 3 lots would have met de requirements up until a few years ago. McDonald skated that because of the many .:ars -f ownership by applicant, it would be inappropriate Jeny. Goetten concurred with McDonald in this matter r—d stated that lots would be acceptable. 5 ZON I NG FI LE NO. `J F., 7 , '_' C, i,, CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 553,3 473-7357 Date of Notice: 2/21/86 TO: John B.A. Idstrom 2580 Fox Street Wayzata, MN 55391 TYPE OF APPLICATION: Subdivision ---------------------------------------------------------- Date of Meeting: 2/18/86 Vote. 5 For 0 Against Planning Commission recommends the following: Approval: Suhject to conditions noted below NOTES AND S. 1. 'AL CONDITIONS: 1. Submittal of driveway access easel: ent documents between Lot 1 and Lot :1 as appropriate. 2. Dedicatio of standard drainage and utilities easements at the proper boundaries. 3. Dedication of standard conservation and flowage easements over the wetlands on the property, allowing a 20' corridor for driveway pi'rposes. 4. De. ication of 18.7 feet of rignt.-of-way for Fox Street. 5. L ayment of Park Fees in the amount of $200 for, the 3.4 acre lot and $100 for the 10.1 acre Jot. 6. Approval of a variance and conditional use permit for thefi 1 1 ing of the wetlands in a 32' wide corridor in order to provide access to the rear of the property, with the appropriate culvert as approves' by the City Engineer. No addition,. information is required for the March 10 Coui,cil meeting. Shortly after. the March 1n meet _nq, you will be forwarded a memo detailing required submittals for f il'a 1 approval. Applicant's next scheduled Tecting is confirmed as: Council - March 10, 1986 In all cases, the application must be continued with the submittal of requested information within one year :.)r the City will. consider the application rs formally withdrawn. If the applicant has trouble obtaining auditional information, please contact the Zoning Department (47.3-7357). If you desire cernifieG copies o* the official Planni. Immis un minu they are available from the City Recorder after review ,F- oval by Planning Commission.• TO: Orono Council Members COUNCIL MUTING FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: March 6, 1986 Moop 101986 SOHJ: ..ot Frontage Require.nents It was recently pointed out to staff that interpretation of the definitions of "front "lot wi" n" it Section 10.02 of the zoning specifically addressing certain inherent developments. CITY of ORONO based on a strict literal lot line", "f r onL yard", and code, the City has not been variances granted with such Ter:►nically, definition #39 states that the "front lot line" is that boundary of a lot which abuts an existing or do --cated Public street. By this definition, lots fronting on private roads do nc;t have a front lot line. Also, looking at definition #67 which states that a "street" is dedicated public right-of-way, then the definition of "front yard" (def. #77) i.e. "a yard extending ... between the front "street" line of the lot and the required front yard setback line". requires the existence of a front lot line abutting a public road. Taking it one step further, if you don't have a complying front lot ie and don't have complying fs,- yard, you cannot comply with the dpfinit-: n of _ width which ,... defined as "tile maximum hori::ontal % .stance oetween' :C side lot of a lot measured para t front lot line and at she rear of the required f ront yard. Fier a me a to the requirement for frontage on a public road should t care. . 1, when subdividing using private roads. Two : edit : -ia1 situat.i( ns arise out of this, both technically requiring v3--' -e, See Exhibit A) First, a 2-lot subdivision where a narrow C r 1 dlatted to provide access to the rear lot. Since by definition t width is mean red a the "rear of the required front yard", and by do cion the front yard i, measured from the street right-of-way, in a cas,: where the required front yard is 50' the lot width at 50' back frrm the street may still be very narrow arid within that corridor. From a nract.ica1. standpoint, i the past the council has looked for the required t w40th at the bui1j.:n9 site ather than at the rear of the required .)nt yard, yet this Is actually a -.,ariance which shou' , ► .2 addressed. Secondly, a case where there is no `rontage on eithi= a public ,ad or private road, and access is by easeme. t thrcugh the front lot, variances need to be addressed. Realize, that Section 1 1 Subd. B states that "each lot shall f....,-e on a public street or ap ro .te private easemen ". Tnis does not Y-Ti -e the need for variances because Section 10.0'Subd. 2 s' t.es that whe re is a conflict within the code, tie more restrictive provisions appl- Finally, consider the Idstrom case. The frontage variances ...,ld apply to lot 2 which fronts only on a private road, but the access i.; int .nded to be from the south can an easement; wl,'-•h toundarieg will require the 50' front and tear setbacks, which will -" irk 30' 'e setbacks? Presumably, the cont setback wi' tie measured from the p- v ,_e t::;ad. i%'rKrC.r r T - C A C Zt+r. c% ctL�.? �.G �.+iDT11 �d�wLNT RVA-t. Y*c6 30• �' o• ��c.p 5° a �b i i 1 E ► vc<l T r' C,C b W 1 DT w K=C O u r le t4'`Hr' v J T 8 A.St- lo:s A P N !S Ll G qOAC�, 16 to T Dotc /NOT M tIT" r" t-,j i D7� 1Q.r .7D IPri1T`- A.R G K-t't.b nJT Y. D C W ►>71.4 OK� C,NT No Fri-°oe-)rAG% J)N PtAeL{C 1�?•O�"G W1 t>rt+ 00, T rJ o Fos N-rAt--4r- p N Aov ` e-OA.D I j*N C O )er-7 I D Sr�'ow . 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It Off'^ �`` (�� ':�� !10 ,,i !�L !4, •(' ' �� % 24 to LIM E s I �V-m yy r it it G .0or-16, ills .a ' rvs�f te• �. SM34, T IS, R.23 f O 4 3 4 4 F cc.* W.� r s 114 ------------- TO A,, Lb 46 t Qql of ION IS%& SEC. 35,. T.MYt R.23 I�GTSm I r" wil 7 42 wr IV a. kX, \ Nt • co 400 NO to is, 40 orw, WDUS !g - NORTH COUNTY SHOOG ROAD Jw NO. 51 Oil 10 .. �.�: �,�-',.,� 3 U or r . � •�� a� �r _ M.Y. �• 'T "Ve ,si,,JI-W i � . 1 owl oar 14 ee C .a T ONKA MINE L.AKE -1 t e rd- ` am om TO: Orono City Council Members CUM" I}EtING FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: March 3, 1986 hy t 101986 SUBJ: #990 Ward Ferrell, 3405-3411-3415 Watertown RoaVflOF MRO List of Exhibits: A - Applications for variances on 2 vacant lots B - Plat Map C - Property Owners List D - Notice to Applicant 2/20/86 E - Composite Site Plan F - Survey, Soils Report, Site Plan G - Survey, Soils Report, Site Plan H - Survey, Soils Report, Site Plan I - Staff memos 11/13/85, '6/86 for existing house, east lot for center lot for west lot J - Minutes: Planning Commission 4/.15/85; Council 5/28/85; Planning Commission 11/18/85; Planning Commission 2/18/86 K - Tax History, 1974 - 1985 L - Council Minutes September 22, 1958 M - Pertinent Ordinances Dating to 1950 N - 1981 Draft Denial Resolution - Alden Anderson property, 1900. Shoreline Dr. (similar case) Council originally reviewed this application in May, 1985 as a zoning appeal, at which time Council gave applicant general direction that. perhaps 1 additional building site would be considered, out that 2 additional building sites wool.-' not be looked upon favorably. Please review Exhibit D, the composite site plan for this 2.9 acre group of parce's. Applicant is requesting permission to build houses on each of the two vacant lots adjacent to his home. The lots are substandard i.- -ire: and width based on the current 2-acre, 200 foot width standards. To brief ly review the code standards that previous,' y and currently affect this property: 1950 Toning Ordininc.e - (Prior to division of this property into separate parcels) - Property zoned I -acre min. lot size. 1955 - Original Platting Code 1958 - Ferrell builds house at 3405 Watertown Road, requests to build a second house on property per minutes of 9/22/58. Ferrell presumably gold by Herb Ross, Mayor, that in orde, to build a second house would require a subdivision, since 195C zoning ordinance allowed only one residence per lot. 1959 - Ferrell presumabl, gmpleted subdivision. 10/12/59 - Adoption of Oidinance #22 - a) requited minimum lot area of 1 acre, min. lot width of 140', which Ferrell lots would meet or nearly meet.. b) also allowed Council to approve building permits for substandard lots held in single separate ownership, inferred that. substandard common- Zoning File #990 March 3, 1986 Page 2 ownership lots aoul.d not be granted building permits, and established that the Council could allow variances to this section at Council's discretion. 1967 Zoning Code - Property still zoned 1 acre, 140' width, r substantial changes from 1959 Ordinance #22, but did state that substandard existing lots of record as of 9/14/67 under single separate ownership could be granted building permits if the Council finds they would not adversely affect public health or safety. Did not specifically discuss common ownership lots, but by omission inferred again they would not be granted permits. 1974 Zoning Code - Property rezoned to 2-acre, 200' minimum width. This code set specific standards for use of substandard single separate ownership lots of record in the 2 acre zone i.e.: 1) must be at least 1 acre, 100' width 2) must meet all septic requirements or be sewered 3) meets all cther applicable standards But again, the 1974 code specifically did not discuss common ownership lets. The Alden Anderson common ownership lot buildability application at 1900 Shoreline Drive was denied in 1981 baseu on lack of the required 2 acre lot area, setting a precedent for denial of situations such as Ferrell's. 1984 Zoning Code - requires Council approval to separate (read "sell") adjzcent undeveloped nor -conforming commonly owned lots if the resulting lots do not meet area or width standards. Clearly in the Ferrell case, Council approval is required in order to separate the conforming 2.9 acre group of parcels into substandard parcels. Note that the 0.85 acre center lot, which would only be approximately 0.97 acre even if road right-of-way w,..- included, would likely have required a variance under all previous zoning codes, and both vacant parcels would have required variances since the 1974 zoning code. Finally, please review the exhibits, especially the memo' of 11/13/85 and 2/6/86. Planning Commission reviewed this application on 2/18/86 and recommended denial of 2 additional building sites, but recommended approval of 1 additional Site for a density of approximately 1.5 acres per building site (see exhibit D). Approval of even 1 new site will Pet a precedent in complete reversal of the Alden Anderson denial in 1981. Weigh this against the fact that applicant has shown that the 2 proposed building sites both can meet the septic code requirements it development of the property is minimal (no swimming pools, no tennis courts). Staff will draft a resolution for your next meeting reflecting Council's direction. CITY OF ORONO - VARIANCE: APPLICATION Initial Application Fee $150.00 ($50.00 per each a. project) After- e-Fact Fees (Additional $50.00 payment per E _oject) ------------------- PROPERTY LOCATION rr of , Site Address Property Identification Number (P.I.D.)�_�i�t-a�,,� Please check one -- Is the property abstract or torrens7 1 Please attach legal description to application if not included on required survey. -------------- APPLICANT 1 Name •, f: flL•'l� �� 1; % % � Phone Mailing Address OWNER Name Phone Mailing Address Date Property Acquired f��T /!i, _ (month/year) I (do) J6dmwmw!►) also own the adjacent parcels of land. -- --- -------------------•-- PRESENT USE OF PROPERTY Present Zoning District9,(7",0 Present Use of Property Residential Other ( specify ) DESCRIPTION OF REQUEST estimated Construction Cost $ Describe request in detail: VARIANCES REQUIRED %! Lot Aiea Lot width Hardcover Setback Variances ( Front Other Side Rear) R -2 - iovrk) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: ------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoni � j Code Requirements: REQUIRED SUBMITTALS - 9 APO% 1. Completed Application '.Form. 2. Certi f ied Property Owners List of owner th- caiOain this list f rom Hennepin County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, legal ! .ze ' envelopes 410 ) pre--ddressed to each of the names on the above list. with no return address. 4. Certificate of survey including hardcover calculations as require(;. 5. Plat Map. ----------------•------------------------------- --------- The Ai�,)Iicant and Property Owner must sign this application. Please remember that our variance application is not cumplete- if the: v inforiiatibn has not been incluOad. - ----- ------ --------------------------- APPLICANT'S SIGNr rt The applicant hereby agrees to provide all infcrmat:'�yr����g�: -)r requested by the Zoning Administrator, agrees to p-+_ all fees and/ ir. sa-al expenses incurred in review of this application, and certifies th•:..t the information supplied is true and correct to the best of his/her knowl.edae. Applicant's sign .ture Z 'e"I Date OWNERS SIGNATURE: The ow.ier hereby acknowledges and agrees to this -pplication s.nd further authorize; reasonable entry onto the prop,�rty by c.ty staff, consultants, agents, commission members, and Council members for purpo^es of investigation rid verification of this request. Owner's signature F. f late. Applicant, must have all submittals into the City ofiiOe6 25 days before the PlanringComi„issionctinn. Planninqcormir;ion Meet inysa; elI on t ho third r CITY OF ORONO - VARIANCF. APPLICATIrIN Lnitial Application Fee $150.00 ($50.00 per each additional project) After -the -Fact Fees (Additional $50.00 payment per each project) PROPERTY LOCATION .te Address 3•��5 / / /c y; '! Property Identification Number (P.I.D.. 32 -)IA - L3 400A"7 Please check one -- Is the property abstract or _ _ torrens? Please attach legal description to applic: riot included on requires' survey. APPLICANT :ne Phone —r Mai1ir7 Address �l �_'> G/� fl / /l !' x Name �1 l .11._ Phone Ma i I i nq Address Date Prop?rt.y Acquired .� %i,�; _ (month/,--ar) (do)-(dredi-) also .:n the adjacent parcels of land. ------------------------------------------------- - ------ PRBSENT USE OF PROPER"Y f Present Zoning District l ' Prc :,ent Os,� of Property y _ _ - 1 esi den*. i 31 Other (specify) t".'%l�'� DESCRIPTION OF REQUE-T I.stim.ated Construction Cost Describe request i ^ det.d- ----------- ---------•-------------------------- --- ------------- �-----_ 1i1RIANCYS REQUIRED r- '� Lot Area 4Lot. Width 1 . over Setback Variances ( Front �` Sidi- Re. r) /7 Other (OVER) HARDSHIP Describe undue hardship or practical difficulty resul.tinr from strict enforcement of zoninq regulations: � ;'* ----------------------------------------- - -�-- - - -'---- - - - - - - - - - - - - DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: ------------- REQUIRED SUBMITTALS 1. Completed At,plication Form. 2. Certif ied Pr perty Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal si zed envelopes ( M 10 ) Eire -addressed to each of the names on the above list with no ret-rn address. 4. Certificates f survey including hardcover calculations as required. 5. Plat Map. --------------------------------------------- ----------------------------- The Applicant and Property Owner must sian this appl' uLaa-%P—zrmember that your variance application is not complete if the � t-m4tipri, has not been included. Te46_— Ifp-- ---- APPLICANT'S SIGNATURE P i, I I The applican =reby agrees to provide all information �44 ir6d or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifit..s that the informa.ion supplied 4.s true and correct to the best of his/her knowledge. Applicant's signature ,'II, K Date OWNERS SIGNATURE The owner hereby acknc.:ledges and agrees to this application and further authorizes reascnable entry onto the property by City staff, consultants, agents, commission members, and Counci 1 member for purposes of investigation and verification of this request. . Owner's s:gnature f; _! ' ,6, - Date - Applicant must. have all submittals into the City offices 25 days before the Planning Commission Mf,rt incj. Pl,lnnin(a �' -�rtni �;wion Meet ingi arf- held on the third A"()rh '..1y of f ,l+'il i1l4111t h . 23 MnA ZQ00 10 300 4) t+ 1�6 ~ f! c 0 5/00 (1) WR iirf d ld /N fi b 2@� GISTERED LAND SURVEY NO. 84 RUN DATE 02/04/85 HENNEPIN COUNTY PROPERTY I►fORMATION STSU M REPOPT 40, PI4354n! PROPERTY OWttERS LIST CAGE 6 BATCH 0C3 38 05-117-^3 11 0002 PROP ADDR 03405 HIGH LA Ot.".ER NAME CYRIL L DLICHARME ETAL TAXPAYER CYRIL L DUCHARME NAME/ADDR 3405 HIGH LANE LONG LAkE MN 55356 38 32-118-23 43 0009 PROP ADDR 03445 WATERTOWN RD C::'tER NAME R T QUADY ETA!. TAXPAYER P03ERT T QUAU. NAME/ADDR 3445 5 WATERTOW!N RD LONG LAKE Mt 55356 38 32-1t8-23 44 0003 PRE? ADDR 03280 WATERTOWN RD 01?tER NAME D t M HART TA\PAYER DCUGLAS W HART NAME/ADDR 32GO WATERTCWN ROAD LONG LATE M.N 55356 38 32-118-23 44 0006 PROP ADDR 03380 W3TERT0WN RD C+."iLR NAME R A G RICE TAXPAYER JEROME S RICE NAME/ADDR 4025 WATERTOWN ROAD MAPLE PLAIN t24 55359 38 32-118-23 44 00C9 P;ZOP ADDR 03405 WATERTOWN RD 0-'NER NAME WARD FERRELL ETAL TAXPAYER WARD P FERRELL NAME/AC^R 3405 WATERTOWN ROAD LONG LAL.E Mt 55355 38 05-117-23 11 OCOS 00095 LEAF ST E C GRAHAM JR ETAL E C GRAHAM JP 95 LEAF ST LONG LAKE MN 55356 38 32-118-23 43 010 034,15 WATERTO" PO WANDA L PETERSEN MAMA L PETERSEN RT 2 BOX 425 LCNG LAVE MN 55356 38 32-118-23 44 0004 03340 WATERTOWN PO VERNE HUCBELL VERNE HUBBELL 3340 WATERTOWN RD LONG LAKE HN 55356 38 32-118-23 44 0007 03405 WAIEPT06N RD WAPO FEPREt.I E--AL WARD FERPLLL 3405 WATERTOWN RD LONG LAVE Mt 55356 38 32-118-23 44 0010 MARY FARRELL ETAL WARD FERRELL 3405 WATERTOWN RD LOttG LAKE MN 55356 38 05-117-23 12 00!4 03420 HIGH LA H W WOLVEPTON ETAL H WESLEY WDLVERTONt 3420 HIGH LANE LCNG UP E MN S1 SIS6 38 32-118-'3 43 0011 L 0 MACKINNON 4 L MACKINNON LEONARD D 6 LINDA MACKINNON I400 WATERTOWN ROAD LONG LAKE MN 5356 3•5 32-118-23 44 0005 03360 WATERTOWN RD V t M HLDBELL VEPNE M "L&*ELL 3340 WATERTOWN ROAD LONG LAKE MN 55356 38 32-118-23 44 OOCS WARD FERRELL ETAL WARD FERRELL 3405 WATERTOWN 911 LONG LAKE MN 5535h TOTAL BATCH 003 OCOi. ZONING FILE NO. 990 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 2/20/86 ---------------------------------------------------------------------- TO: Ward Ferrell 3405 Watertown Road Long Lake, MN 55356 ---------------------------------------------------------------------- TYPE OF APPLICATION: Variance ----------------------------------------------------------------------- Date of Meeting: 2/18/86 Vote: 5 For 0 Against Planning Commission recommends the following: Denial: For reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission noted for the record that the zoning on this property has undergone changes during this applicant's ownership, and that lots that might have been granted Council approval as building sites under previous zoning codes are now considereO substandard. Planning Commission also recognized that the applicant has intended to build on each of the two vacant properties for a number of years, and has kept the properties as separate tax parcels during that time period. Furthermore, Planning Commission finds that the applicant has demonstrated that, under certain limited development conditions, suitable area exists on each of the vacant lots for a primary and alternate drainfield site, while maintaining an alternate drainfield site to serve the existing developed homesite. Based on the above findings, and noting that the majority of existing developed lots within a radius of 1/2 mile are less than 2 acres in area, Planning Commission recommends denial of variances to allow 2 new building sites, but recommends that the Council allow one new building site, for an average development density of. 1.5 acres per building site for the property. Applicant's next scheduled meeting Ls confirmed as: Council - March 10, 1986 If the applicant has trouble obtaining additional information, please contact the 7.oninq Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review arld approval by the Planning Commission. yCWt!fy that tl,." qrvcv,;'g -..,)r ry I vms pmparrd by ire •,r lln �i d p fvt "- 1 �{ l : �� \ vmm and that I am 2 ca the haws the c of M ■ V, WOOD. -7s, cr 40� c ----------- A I-IS-11 AM No Daft -- oil if FASII�- 4, 4r --T L 4 A G t 0. 85 AC f3 L of3m A ta-wr 4f 18,46 , is 11 /.0( AC- 't *140. $8 WO -AS...' Plat of Sur-viy J for Ward N. Fer� ri W11 4I�'- C in the SE 1/4 of Section 32, T118N, R:23W CITY 1%' I IV $ �^ \ t hereby certify that this survey, plan, or -eport \�e� \ wns prepared by me or under my direct uper- .VA-Maial �, visi n and that t am a du'y Registered Land t/w I„K Surveyor under the taws of the Stair of Minn- \ esota. Deft N 85, Cgrtificate of Survey: lire of sa K of M s-r1s-RJ st <:e.rr d as x� .t s, , 14-106 a 1 hereby enrti!w that tole to a true and corr*rt rapr.s• !r, or c survow of th^ bounda ••!es of that part of tt o Southeast 1/4 of Sect:,- j2, n ir.,, t4^3W, dRscritr,d an ollovs: Cote encinr at a point on the South IL I snid ::outbeagt quart±r, 50 rode Went of thq Southeast cornar ther+of; thence Meet alont- said rout- 11not 2f•3 flint; th-rice North at right anfles to said South 11no to the ;�uhli( road; ' hancm 5odtheasterly along said road to a point directly P.nrth of mint ( f ,ortrininv; thence South to tt- point of bef-innIrw; and o` h- .o^rtior ec 1 buildinj-s th^reon, and all vlrllblq %r.croachai�nts, !f err,, fron Wr. . r. K-11ey, Jr. 9r,,^e t'gll► Rif . ,li Cordon A , Coffin Rer. . P64 1 1r,C- Ja►,u.^y 1.. 1 �') K5101 i YMLFl, Wingwrs c Ir n r,er�-r Lonr Lake, ltinn-scta J-' k't Y'tour ►J �Ep�. N � p �r� :7 _._� __. - --- tom-' � •y,� / I S r !'00, j Ea�tra.a srtbcCM � S / �� ? VA i { 1p / i / Q is ��-AH AK EA�aT_ S2iSE�'; Y •Soo Bwv-gs !.4•��_Q- _Sc.L� 1GC.•_CC - ---- •et- t.tat.� NO* '" •.Yswr be COnSh �jcvd 'o q tw ,S- P T£STvYM1; Mll 'K SrxOorOs WPC 40 9 -(XC C•dnm t- .�m ylj,Air; a►" 62-497-35b6 • t sue+ ��•,. J-, •ww N 4 1N1��(lr •w R/u.l ilwt� Z_XH - Plat of Survey for Ward P. Ferrell in the SE 1/4 of Section 32, T118N, R23W 3Hwdst:Kef Svc. aa-tt•-al Certificate of Survey: I hereby certify that this is a true and correct representation of a survey of the boundaries of all th&t part of the Southeast quarter of Section 32, T118N, R23W; described as follows: Beginning at a poir.;, on the South line of said South- east quarter, 1088 feet West of the South- east cor!ter thereof; thence West along said South line 140 feet; thence North at right angles to said South line to t!e public road; the:ice SouttiAasterly along said road to its intersection with a line drawn Nortli through the point of beginning at right a igles to the South li.n� of said Southeast quarter; thence South to t�^ point of beginning; and of the location of all buiidinr: tnt.eon, and all visible encroachments, if any, from or on said land. 41 A69 Win. S. Kelly, Jr. €• he. 1342 Bruce h . KellPY hog. Inc. 5713 Gt .-dor, ?4. Coffin Her. No. 6064 K•:asLrY 4 KEiL ,Y , 'figirnmprs Lcng Lake, Minnesota i SCP_1P: Ant e o 1" = 50' January 12, 1353 Iron marker to M sa.e.aer M ♦aiA of Ste[ U-tis 2J5 1 hcrrhp certify that this surrey, plan, or repo was preimred by me or under my direct viskm and that 1 am a duly Re istered Surveyor under the laws of the State of Miamp- ��.1 vim► / � -- f'A Poste wba.� 'fBth = 'foP CF �tes:�- PcST !"aAit•IL �� € � P� Ls1T w vt-c� o t}► 'Ctt �v N.t • P�Of1`c,€t'� C,OF-►►f� - sa % - i 31€uz�r _ �• � — - r a X , }�opylc0 6 :tf- � , ■g 1 +K�«••r �_ �� _ .---fir\ • .� VIA 6 Z�N► % G � 'SMf" PscFobt 0 -(t�'r rr+ bM Ai E.1a+: iE F oc t- + e Qeeeia W Tens Scat _ ' z yD . ■ 0. SWrgs • ?er,— MorM Nft 'he WSW% 4 le be corwruded to "W we %hMWW o P016W, � AgvxV Swondw& - WPC 40 a -wa. e+ur,:e S-,P 71*Sr#W aesq+ee 9� w xe•e 14lwEt ON Ge - Ow- ym L j -%SE 2Ah,fS�Qi• '� -_- -_ 3a=,5 5,.. e- --s• :,e _ -e-• _ '-ar^ o.es . = S-te" "Dr" .YyY q __ cs;,w. 1 tivy aye a�.'�es ^Ls �e " • �C , ���•� _ o .711 .. .0 S - -- nnlc"+e' jr .'C' e-' mee R.•s®' of I gyp •0 :0'+1t c. 4 ro y Ca. c x -s:rrG SYSTEV DEAN —MOUND *�GPmrar� rt4rSE 1%i✓g TN?E-M, .1• BEW)COV , Avercae aemov am serge' ofOAI Ift- a ear, -4-Q q7 : clay a .83sa « /gd 3n 3 so " c' R.^•rrwO erw_o , - arQ4+=.yL fM kr ^ of xC ores • s Of sVDe r M rik ' a fK ... _ �Z * . y� P aie6 ' Clean rock ^ceded - Esc fr teams e-• c.,•.c . '-V- 6 • rc, : -2t -- L.cu yh t 3/4'a - •2 do., nci om 2 :' mtt rove n;* Ceor Sor-4 ' below rCCw ,•eeded lea t_ C. r'S OW:;A ^, vft aroma , "am Id L.fty c • 5A%w Q oe wt Nunbe c• w+ks repured �_, 's .- 1GG0pe' , 2 O,r li7Q�rrp rvrrasr s CPwr,� . ••. �:�,, �+r`.a�..a <wru++YF l Pumpnq c ror*ti8la czom-y- 25wk c' a r sewage flaw :i' 'JQBgo '-L►14c' • 2serve S'o.o¢ '' 754t 'Deboar=yl. _ qar • ^a+! ors. so.�agr- of .1Q:QQc /.-r n s. c'1'3+dos ^ r : _ . ," ,ee.+r��_. �` '� - � t-a.tCti.L�_ Val cspOc'y need' -'7V 3 qO' (mA o-ec Ice :rrc.' L6-%� r .,•. •ri D'sfr,bur'on PPe r —t:da perfao•o- —" ' War• 1 iafrs.�3Pi g1.Z C+ n�• °ume see 11 1 to (0 rW5le caao:'r L3Lgd Gcyc*s 'doy : C •_ofv A Nam. _S� + _ pL ,•t e p fir` r e�� No-e When ' .c •+rw 7e: — , .. s 0 tc, s----c w s•+oxC c-u '•r+ ++et•+er• a+eo a +eS-�ornq wre s— =es -^.¢ . 31~.s j 1 ..,�..__.— s1 ro c-re-' re. -elf !ror^ e,+er:rg :nchnc- srce _s;fr dSsr�r .'jMlifJ 'S..-r Flat of Su"-V for Ward f . F(+1're4i in the SE 1/4 of Sect ion 32, T1181., F.23W r \` Certificate of Survey: I hereby certify that tH9 is a true t -,and correct representation of a survQy of �� the boundaries of all that ;;art of the \ Southeast quarter of :,ection 32, T118N# R23W, doscribPd as follows: Bepinninp at a point on the South line of shin South- :.-t Iram Pr p rex „-.4 4 3 I,we of SE A .i Past quarter, 1228 fret west of LhP South - Past corner O,Preof; tt.mcP West aionF said Louth lire 140 fApt; thPnc� t.crt�: at ripht an€les to said :icuth line to the public road; thence GoutF.P:,stprly alone said roan to its inters-ction with a line drawn North throut•l, the point of b-f-inning at rifht unfles to the "Poutl, lin^ of said �ouU.Pi.st quarter; th,,r,c- .outl, to the point of anci of t.ha location of all buildinis thereon, and hll visibl^ e..^.cr'GhC't-m-r,t5, if any, Nor, or orl Said lr,nd.��c, /�/l . Wra. 5. �Jr.;ei1-Y Jr:;�� 1342 .k druce 1.. Kelley i ef. No. ;713 Garden ,cffiz, Ier. .o. 60C.4 Lonf L�ko, Vd nasotm ,Y :Cale: 1" _ ;C' `arty Janu;-r• 12 o Irorr, corker ,ai$' so. .t st Af of Sea ]i Its -2) :hat this survey, plan, >r rep xt wa:: , t) Ircal by me +"r Under ink' direct s. -r- vi:�cw .-ld that I siA. a duly Registered L—m! Surveyor , z'4-r the laws of the State of Mifa . Bs<rta. ISO - ✓' K't+Nt -� ; a++ ° --��5 aLTf;-►�vc� X t xic IN 111 A{r� A 53 *AWy & -"W r tf. qb.— 5 Te I� '8w� . �..- < F -tee e ,_ - ,�,r � • �*arcama'+c* 'es•: cta�t �� : `'��. ^�.:�,. � � ` ,3,� Cl :.ifs_ J.-;' E FQ � '..,- �`•1 S'i C� � ��tiar' • �tT' 90►r,�t L F T N � `.: 1G f'� e'Y` t�': Y :1'f,h �- � �� q+-v • :•.tsr�... �..�1 - � '. r - '„�. - . S: - - B._ <5 J _ System •^.1' 3t I-:— at c,ec r'al' 'a tes , s'rearnS i l-C IN.r+lP w t �` - ti^'E sorer %My and sW41 8t- 1�4eOt0 tv - to•Tr' o•eo .ec er e�c�re a•s a "me :. "+a'-tia► or-.! I e at s ,' : � l r•� asp :�c.::.�::A_�=.xzm , ..� • - - -1�ri. 1 � M �'Lr - kd t :*co 'o SYSTE'/ DESIGN -yrt ' PC -YPE- , -2- SEDROW , A..eroge Wre"o•on r-•t L •*er./WOt `Oagn 83soN kwty o ono per go ;' da'y sewoge row SC qC' /CDy R 83sa" /go',-ILI si " o! �ecinaI� a*eo • Vbj' = L . s0 h 'ON. = h fer+sln 5eC reo • s Ce <_ We •�n tc a i$ t+e Q• ' - IF,R _JL !• ar orao l+adre C can rocs • eefte — % 1 G sc •' re-ro" reo R `' n - a coal 4 r "— 27 =1W. C. yft 3l4 •b 2 • ` '. o , mudis 2 e rocs above DIP, s' - to c-a r.c t ^et,-e: :_ jzs -x-:. Dv+„ r �__ ... • _ =r �.•i C7.rx , •�gi0- 4E _ ..i - :. p.: . Aa E. S.M.•... 7rta'4' 'am"ts reotjge�, S"ankjsicaiy= 2-_'?'�L�iQQa ^'ry'ijrry�i�'L�.S .�ti,�1 5 P•+•'•�ryr+m. tNM�1�3Es: o_*ro�q vnar+xr cc.x•y - 2`% C' ca,y sevraw tow :' :alga =_ a_ gc, • tesermve spp`xjW cl ?Sgat /ttadloom = ,.rcp • : Je ou tim cq1e — _• / _ M 1 - , i^_' y 77t . * •. '.Q!^_!._ , _.� •y: • rno"`bC �iGoe ,j.7 �?� r ••O< a cc :'ae. 'r'. •.,—"m ._ , ..�— t' •Ca' •CC,70C^y :•tc b•.1.t�..1.:`� 15F wl•v n.; _• s•r,ou•'ot: pot _ :: a s , + h , _.'ao oer•:,r-' :-s 3�a"oDor l Oi-rc Sx " `•a f -_.OM o'* ::OWC^y jj&goa 4-r.•►s!jcy (u�GO m.1' .f.i� �li{rf J - - - , .� r, a 'Alt- _ ^, :c- - y _ s , v,.c :�e s•c:.e: s'c^ce '•on *.eC..t*• ^ e- r�S•� �; .r• �=.� X '9 C it. - -G�t '•.. E�mH r.` •rt.•-•t' :reC _.afrrG�-�`��- Tr;.Z:L... 7S �• .•• f _ _ • z- ._ a?-. M i 1 > t (` To: Planning Commist i on From: Michael P. Gaffron, Assistant 'Zoning Administrator Date: November 13, 1985 Subject: #990 Ward Ferrell, 3405-3411-3415 Watertown Road - Variances -816 +^ LXy a Application - Lot area/lot width variances to construct homes on two substandard vaunt commonly -owned lots adjacent to the existing residence at 3405 Watertown Road. List of Exhibit Exhibit A - Applications For 2 Vacant Lots Exhibit B - Plat Map Exhibit C - Property Owners I - Exhibit D - Survey, Soils Report, Site Plan For Center Lot Exhibit E - Survey, Soils Report, Site Plan For West Lot Exhibit F - Planning Commission Minutes 4/15/85 Exhibit G - Council Minutes 5/28/85 Exhibit H - Notice to Applicant 5/31/85 Exhibit I - Tax History Exhibit J - Council Minutes 9/22/58 Exhibit K - Pertinent Ordinances Dating to 1950 Code Sections Pertinent Section 10.03, Subdivision 6 (C) (Current code) C. The separation Ley the transfer or sale of non -conforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or common ownership is not permitted without Council approval. Council approval is not requ red it the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter.. Section 1.0.03, Subdivision 6 (A) (3) A. Existing Lots. A lot of record existing upon January 1, 1975 in an "R" District, which does not meet the requirements of the Zoning Chapter as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgement of the Council such use does not adversely affect public: health or safety and the following requirements are met: 3. In "R" Districts Not Served by Public Sanitary Sewer. A lot of record in any "R" District in the City not served by public sanitary sewer must meet the area and width requirements of the Zoning Chapter and shall not be utilized for single family detached dwelling purposes without: Council approval. Zoning File #990 November 13, 1985 Page 2 of 5 Per Subdivision 6, a "Lot of Record" is any lot for which a deed or registered land survey has been recorded in the office of the Registrar of Deeds or the Registrar of Titles for Hennepin County, Minnesota, prior to January 1, 1975, and after approval by the Council if required. The applicant owns four adjacent tax parcels in the RR-lB zoning district totaling 2.9n acres. The existing house, well, and septic system are contained wit0in the two easterly parcels totaling 1.01 acres. The two westerly parcels are 1..04 and 0.85 acres respectively. The applicant wishes to obtain building permits for each of the westerly parcels. The 1950 Zoning Code (adopted 7/10/50) established a number of zoning districts, including the "Stubbs Bay District" in which Ferrel.l's property was located. The "Stubbs Bay rist.rict" required minimum building lot size of one acre. This one -acre minimum was still in effect in 1958 when Ferrell requested to build a second residence on his property. It is very likely that Ferrell was told by the City at that time that in order to build another residence he would have to subdivide, because in general the Code allowed only one principal residence per building lot (see Council minutes 9/22/58). Note that at that time his request was referred to the Planning Commission - minutes have not been found for the Planning Commission meeting or any subsequent action. Although a platting code existed in Orono as of 1955, Ferrell apparently divided off 2 lots each of 140' width and approximately 1 acre in area, in or about 1959 without piatt.ing, and the parcels have apparently been separate for tax purposes since that time. The parcels including the road right-of-way would likely have been considered conforming or nearly conforming lots of record under the 1967 Zoning Code which designated the property as Zone R-IC, 1 acre and 140' width, Single Family Residential. That 1967 Code stated, re- garding lots of recor.( as follows: 31.200. Existing Lots. A lot of record existing upon September 14, 1967 (the effective date of the 'Zoning code) under single separate o_w_nership in a "R" Residential District, which does not meet the requirements of the Zoning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment cf the Council suc-i use does not adversely affect public health or safety. Single sepv­Pte ownership includes joint ownership by not more than two persons. The 1967 Code did not discuss common ownership properties nor did it differentiate between sewered and unsewered lots of record. However, by using the term "Single Separate Ownership", it implied that other types of ownership would be treated differently but: did not define in what way. Under this code, the applicant would likely have been allowed to build on the 1.04 acre lot without a variance because the lot met the standards of the i-acre zoning district. The 0.85 acre lot would likely have required Council approval, depending on whether the area in the road r i qht -of -way was included in the lot area at that time. Zoning File #990 November 13, 1985 Page 3 of 5 The 1974 Zoning Code declared this land to be zoned RP,-1B, 2 Acre Single Family Residential. '\s far as existing lots of record, it stated as follows: 31.201. Existing Lots. A lot of record existing upon January 1, 1975 (the effective datE of the Zoning Code) under single .separate ownershi in an "R" District, which does not meet the re- quirements of the Toning Code as to area or width may be utilized for a single family detached dwelling purpose provided that in the judg- ment of. the Coundil such use does not adversely affect public health or safety and the following requirements are met: 31.203. In "R" districts of Greater Than One Acre. A lot of record in any "R" District in the City in excess of one acre, which does not meet the requirements of this Zoning Code as to area or width only, may be ACiIized for single family detacrnd dwelling purposes if the Council finds: ( t' it is at least one acre in size, and the average width of t',f lot is at least 100 feet; and ( 2 ) it is either served by public sanitary sewer or meets all the Eeptic system requirements of the City or other governmental bony; and (3) it otherwise mets the r.^quirements of this or other applicable ordinances. Under the 1-974 Code, the Council at their option could have granted a lot area variance for a lot of single separate ownership, but the Code again did not specifically discuss the standards for the separation of commonly owned lots. The general City policy, as evidenced by the outcome of at least one typical zoning application in 1981 was that unsewered adjacent lots owned in common could not br -onsid4red buildable and could not be separ,ted unless each resulting lc' combination of Lots included the requireda acreage in that zoning distr_ Upon recodification in 1984 the Zoning Code was amended to include the following Section 10.03, Subdivision 6 (C): C. The separation by the transfer or sale of non -conforming, un- developed lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or common ownership is not permitted without Coun iI approval. Council approval is not required if the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter. Zoning File #990 Novemb#� r 13, 1985 Page 4 of 5 Staffs interpretation of the current code is that the applicant would be prohibiters from separating his four adjacent lots, since separation of either of the westerly lots from the main property would result in the creating of building sites less than two acres in area. The applicant appeared before you in April 1985 on an appeal basis rather than a full variance application at staff's urqing because a similar application had been turned down in recent years and staff wanted applicant to get general direction from the Planning Commission and Council prior to spending large dollar amounts in developing plans. septic testing, surveys, application fees, etc. The Planning Commission and Council directive to the applicant was that it is unlikely they would aprove two new houses, and perhaps would allow one new house resultinct in a 1.5 acre density on the total property. Applicant now appears before you requesting that both westerly parcels i be declared buildable. He has provided surveys of both parcels, and has 14 provided soil testing and septic system designs indicating that each lot could in fact support a primary and alternate drainfield system (mounds at all sites) to serve 3-bedroom houses, given no future encroachments. The? 4 a j-vi i cant has not provided a survey of the properly with the existingL house, nor has he provided septic testing to prove that the property has an� alternate site for a dr.ainfi.eld. These items were specifically requested in the "nc:tice of Council action" sent to the applicant on 5/31/85. Applicant refuses to accept the fact that in order to grant variances to build on the two vacant lots, we also grant variances to the existing developed lot (see notice of 5/31/85). Two questions, then, need to be answered. 1. Does each lot, of and by itself, have the capability to permanently support a house, septic system, well, and the other appropriate amenities in the rural zone? If so, 2. Is the Planning Commission and Council willing to set a precedent, i.e. do away with the common ownership limitation in the unsewered zone? The ramifications of Item 2 are significant. As many as 28 vacant lots in the rural unsewered zones are commonly owned with adjacent parcel, and are 1/2 - 1 1/2 acres in area, and could expect to request the save benefit of buildabili.ty. Many more such lots have been legally combined, which presumably denies them any status unless re -subdivided. We saw during the appeal that the tax parcels were lowered as of 1983, which separated lots were then given "accessory value, since the main lot. land value inc Perhaps this was a result of the assesso i of t; were not buildable without var. i anef unt i 1 1979 and perhaps ar, late as 1982, t..... same as the main lot. Ferrell obviously felt separate building sites. )ns on Ferrells adjacent he appearance that the ue and not: building site irkedly at the same time. ng that the two westerly �a appear that perhaps up loos were valued much the ne was paying taxes on these :a, Zoning File #990 November 13, 1985 Page 5 of 5 A further criteria to consider is how do the lots in question fit into the neighborhood as far as lot size. Given a radius of 1/2 mile from Ferrell's property, 39 developed lots are 2 acres or more, 13 are 1.25 to 2 acres, 23 are .75-1.25 acres, and 11 are less than .75 acre. (These increments were picked so that the Ferrell lots could be categorized in one group.) (Note that the Stubbs Bay Study Area, where sewer is contemplated to serve Eastlake Street, Tonka Avenue, and Crestview Avenue, was excluded although it is within the 1/2 mile radius. Those 38 or so houses are on lots averaging 1/2 acr-2 cr less.) It is clear to see that in Orono's two acre zone north and east of Stubbs Bay, the majority of existing lots are less than two acres. In general terms, the existing density and lot sizes are detrimental to cur long-term program of development without City sewers. Additional houses on relatively small lots will not help that situation. Recall that the Alden Anderson application to allow a second building site on adjacent properties totaling 3.5 acres, was in effect turned down a few years ago. Are there any circumstances or hardships in the Ferrell application that justify a recom-endation of approval? E /F To: Planning Commission [Members From: mic)ael P. Gaffron, Assistant Zoning Administrator Date: Februar_, 6, 1986 Subject: #990 Ward Ferrell 3405-3411-3415 Watertown Road - Variances - Update to Memo of November 13, 1985 List of Exhibits Exhibit A - Memo of 11/13/85 With Exhibits Exhibit B - Survey of Property With Existing House Exhibit C - Soils Report, Site Plan For Existing House Exhibit D - Planning Commission Minutes 11/18/85 F_xH, E — C0rM0bt'?S1rF Sf­- PLAN Mr. Ferrell has nu%, submitted the additional survey and soils report to show ail alternate drainfield site for the existing house. Given no future encroachments, there is adequate area on the lot with the existing house to replace the septic syst-m with a fully conforming system. Please review the memo of 11/13/85. As noted . n that memo and considering the additional information submitted, it appears technically possible to place a house, garage, driveway, well, and primary and alternate septic systems cn each of the lots. The possible house location would be somewhat l.mited by the drainfield sites. There wo-ild be potential c,)nf licts 4 f a situation occurred where an extremely large hcuso, pool, tennis cr,u-'�, etc. were proposed. The properties lerd themselves to rel :vely low levels of development. Finally, from a zoning code standpoint, evt.;n 'f only one new building site is granted, this is precedent. setting. In the past, Council and Planning Commission have generall.held the line in similar unsewered common ownership situations. Approval of 1 or 2 new building sites might have long-term i-pact on Orono's effectiveness in avoiding sewer. Weigh this against the applicant's meal and preceived rights as a property owner and the history of zoning code changes over the years. Are there sufficient justifications to grar:t a variance? MINUTES OF THE ORONO l'1J%NI41 NG COMMISSION MEI:TI NG HELD APRI L l S, 1 9t15 PAG1: 3 #895 T.M. CROSBY Approval is subject to the following conditions: 1. PID 11-117-23 32 0004 and northern portion of rearranged PID 11-117-23 32 0005 to be combined with Crosby homestead lot. 2. PID 11-117-23 32 0006 and southern portion of rearranged PID 11-117-23 32 0005 to be legally combined for tax purposes. 3. All future construction on undeveloped lot that involves tt:e alteration of flood plain fringe areas must be ieviewed and approved by the DNR before a bui ldinq permit can be issued by the City of Orono. 4. Testcd septic site area on undeveloped lot must be staked and protected prior to construction. Motion, Ayes (6), Nays (0). 4903 WARD FERRELL 3405 WATERTOWN ROAD REQUEST TO CONFIRM INTERPRETATION OF' ZONING CODE PUBLIC HEARING 8:10-8:49 PM Ward and Mary Ferrell were present. Chairman Callahan announced that now was the time and place for the public hejring to be held concerning Ward Ferrell's application to confirm the staff's interpretation of the zoning code. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Ward Ferrell explained that in 1946 they bought the property on Watertowr Road. Ferrell stated that in 1958 they decided to divide the property to build a new home. Ferrell stated that he was informed by staff at that time that he had to appear before the Council. Ferrell s+ :.e'd that everyone agreed on the Council, except one person. Ferrell stated that this property was divided at the previous Mayor's (Herb Ross) request. Ferrell agreed and he met the zoning at that time and noted that he could have had 5 lots but chose four lots to make bigger lots. Ferrell explained that the surrounding lots are all the same size. Ferrell stated that the zoning has since changed. Assistant Zoning Administrator Gaffron reviewed with the Planning Commission that in 1967 this area was zoned 1 acre. Gaffron stated that from 1967-1975, Ferrell could have built on those lots without variances. Gaffron noteo that in 1975 the area was rezoned to 2 acre. Gaffron explained that in a similar case on Shoreline Drive, the Council denied the applicant the variances giving the City clear policy in the comakon ownership issue within the rural areas of Orono. Gaffron reviewed with the Planning Comission the tax MINUITS OF THE ORONO i'IJ%NNIN(; COMMISSION MEETING HELD AP1411. 15, 1911 ) PAG1; 1 i903 WARD FERRELL Rovegno noted that for 20 years it has been taxed as a separate buildable site and for the past 3 years it has not been taxed as a buildable site. Wa:-d Ferrell stated that he has kept the property all these years nking he could build on each parcel and he noted he would liKe to build his retirement home on one of the parcels. Ferrell noted he has owned the property since 1950 and is entitled to build. Planning Commission agreed with staff's interpretation of the zoning code that the property needs a variance. Chairman Callahan suggested that the Planning Com•ission be polled as to their feeling on the application if it were an actual variance request. Kelley felt that Lots 7 and 8 should be combined into one lot, thereby only allowing two lots (the existing lot with the existing home and one other lot (7 & 8 combined)). Mary Ferrell stated that the cede is not consistent and is contradictory in that the zoning has changed along with the code over the years. Sime felt that there is very little doubt that staff interpreted the zoning code correctly, but whether he agrees wit:i the basic premise is another point. Sime felt that thE.re are a bundle of rights that go with the land and should not be taken away from people by changing the rules or zoning while they still own the land. Sime stated that the common ownership issue seems to alter the rules for people. Most of the Planning Commission felt they could only approves: two lots [she existing lot with the existing home and one other lot) conditioned upon Lots 7 and 8 being combined. Chairman Callahan closed the public hearing at 8:49 p.m. Rovegno moved, Sime seconded, to conf-.rm staff 's interpretation of the zoning cone that 4",c'se lots do need variances. Motion, Ayes (6), Nays i Rovegno feet that a less intense use of the property would be more reasonable by combining Lot 7 and 8 and that way the applicant,, would only need a lot area variance and not a lot width variance. Zoning Administrator Mabusth stated that this application was brought in under a request to conf irm the interpretation of the zoning code in order to save the applicants money. Mabusth noted that a completed application would require payment for area variances for each proposed and existing building site in addition to septic testing for each undeveloped site and an alternate test site for existing MINUTES OF THE' ORONO PLANNING C0MMI5:;1W4 MEETING Iif:l.[) A1901. 15, 1985 PAGE; 5 house. Mabusth noted that staff concluded that. in light of CounciI's recent amendment of the zoning code dealing with rural lots under common ownership and their decision on the Shoreline Drive property of Alden Anderson, that this approach was the most inexpensive way to get an answer for the applicant. #905 DENNIS TBOMPSON 250 OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT PUBLIC BEARING 8:50 - 8:51 PM Ucnnis Thompson was not present. Chairman) Callahan announced that now was the time and place for a public hearing concerning Dennis Thompson's conditional use permit application. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present in the audience for this application. Chairman Callahan cloF.ed the public hearing at 8:51 p.m. i907 JA14ES BIGHAM 1545 LONG WE BLVD VARIANCE PUBLIC BEARING 8:52 - 9:12 PM Zoning Administrator Mabusth stated that c'urinc construction on the Thompson home, staff noted a second kitchen and a separate apartment area being constructed and felt that a conditional use permit should be applied for. Mabusth stated that Thompson has agreed that the guest apartment will never be rented out. Kelley moved, Sime seconded, to recommend approval of a conditional use permit for the guest apartment within the residence located at 250 Old Crystal Bay Roae finding all standards of Section 10.20, Subdivision 3(G) to be statisfied subject to the condition that the separate apartment unit may never be rented. Motion, Ayes (6), Nays (0). James Bigham was present. Chairman Callahan announced that now was the time and place for the public hearing concerning James Bigham's variance request. There was no one present from the audience for this application. Assistant Zoning Administrator Gaff ron noted the certificate of mailing and the affidavit of publication. Assistant Zoning Administrator Gaffron explained that the applicant is requesting a variance to construct an addition to his home which will increase the hardcover in both 0-75' and 75-250' setback zones. Gaffronstated that the addition will increase the potential water usage since they plan to construct bedroom. Gaffron noted that Bigham replaced his septic system in November of 1984, but that there are no alternate drainfield sites on the property and that if the r.ew system fai is at some point. and it could not be repaired, a MI NUTI: ; OF THE REGULAR ORONO COUNCIL MEj:TI N(; III:LI) MAY 21l , 1985. PAGL 4 Acting Mayor Frahm advised Asp)und that after the patios are removed, that the ground should be sodded. Councilmember L. Adams noted that he has a prob- -,m approving anything in the 0-75' setback area. Councilmember L. Adams moveJ, Acting Mayor Frahm seconded, to adopt Resolution 11768, A Resolution denying varx,%ncps for the fence and patio concrete request with a deadline date for removal of patios for June 15, 1985, for 3424 Eastlake Street and July 23, 1985, for 3444 Eastlake Street and the request for deck platform and screened porch to be referred to the Planning Commission for their review. Motion, Ayes (2), Nays (1). Councilmember T. Adams voted nay. 1897 CHUCK PETERSON 825 OLD LONG LAKE ROAD PRELIMINARY SUBDIVISION Chuck Peterson was present. Assistant Zoning Adminis•- trator Gaffron stated that the surveyor reconf irmed the dry buildable area that Council requested at the last meeting. Gaffron confirmed that there is 2.0 acres of dry buildable per lot in the area identified strictly as a seasonal drainageway. Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the preliminary subdivision application of ''puck Peterson. Motion, Ayes (3) , Nays (0) . 1903 ARD FERRELI. DWATERTOWN ROAD ZONING APPEAI. Mr. and Ctrs. Ward Ferrell were present. Assistant Zoning Administrator Gaffron explained that the applicant wrs brought in under a zoning appeal in order to save the applicant some money. Gaffron explained that if the applicant had applied for a variance that the application would be more costly and with the Council's past precedents the Council would probably have denied the application. City Attorney Radio asked how much the full variance appli-ration would have cost. Radio noted that by allowing this applicant the appeal.; procedure the City is saving the applicant money, but by handling this matter the City is not treating this application as a variance and not using the same standards. Radio noted that the decision reached tonight does not presume that the same decision would b- reached on a formal variance application. Assistant. Zoning Administrator Gaffron stated tha variance application would be $150, plus the appli, expense for additional surveying work, plus the _a expense for septic test i ng for cacti lot. Gaffron est Amated MINUTES OF REGULAR ORONO COUNCIL MEETYi .1ELD MAY 28, )985. PAGE' 5 09C3 FERR.that the application could have cost the applicant $1,000 just to get denied. Gaffron noted that staff felt that the applicant could get some general direction from the City under the zoning appeals application process. Assistant Zoning Administrator Gaffron explained that the Alden Anderson application is very similar to this Ferrell application. Gaffron explained that the applicant owns four adjacent tax parcels -totaling 2.90 acres. Gaffron Noted that the applicant wishes to obtain a building permit for the 1.04 acre lot. Ward Ferrell stated that lie has owned the land since 1948 and built the existing home in 1958. Ferrell stated that he bought and has saved this land with the Intent to build his retirement home. Ferrell stated tnat Herb Ross (former Orono Mayor) had requested him to 'ivide his property. Ferrell stated that as a favor t, Rof's and the City and to stop trouble in the future, he divided the property into four parcels. Ferrell stated that then the zoning changed in 1957 end at the time the hearing was held regarding this zoning change, he asked whether it would of fect existing lots and he was told no by the City. Ferrell noted that he is willing a parcel of lend for his daughter to build on. Ferrell stated that. in 1980 the Stubbs Bay Marina was divided and the City allowed very small lots. Ferrell felt that he should receive the same treatment that Stubbs Bay Marina had received. Acting Mayor Frahm explained that the City aqreed to smaller lc_s in the Stubbs Bay Marina because the City felt that it would be a less intense use on the property with residential units rather than the intense use of the commercial marina. Frahm stated that. there were very extenuating circumstances with the Stubbs Bay Marina and shouldn't be used to compare with this application since the circumstances were significantly different. Ward Ferrell Asked if the City was going to honor what. Herb Ross requested. Ferrell stated that Ross told him to contact George Hansen (f ormer assessor f or Orono) to see what the lot sizes should be when he was subdividing the property. Ferrell stated that Hanson told him 140' width for each lot. Acting M asked staff what the typical lot size is in the neighbo Ward Fer rel l stated that the averal t si ze is one acre and only one parcel is two acres. CounciImember T. Adams asked how many units the: applicant is requesting out of a total of 2.9 acres. Assistant Zoning Administrator Gaffron answered that the applicant I requesting a total of three building sites (one existing, one for the retirement home, one for his daughter ). MINU IES OF THE REGULAR 01,)NO COUNC1I. MEETING NG HEI.0 MAY 28, 1 98', . PAGE' 0 #903 FERRELL Zoning Administ.ritor Mabusth noted that in 1.967 t..e standards changed when the z-^ning code was revised effecting the applicant. Acting Mayor Frahm explained that it is hard for the City to honor a verbal opinion that was made in 1967. Frahm felt to be fair to the applicant that he would consider two building sites, but certainly not three building sites. Councilmember T. Adams stated that before deciding the Council should see all relevant background information. Councilmember L. Adams symphathized with this type of problem when the owner pur.chasr s property and keeps it with the intent ii, the future to build on the property only to have the zoning code standards change. Adams stated that he cannot see installing three septic tank systems on three small lots since the septic tanks will be the permanent system installed there. Adams noted conceptually that he would consider two building sites only because of the problem that the applicant owned the property with the intent to build in the future only to have +-hL zoning code standards change. Adams noted that if it v,.t�ren't for that reason he would not even consider two building sites. Adams stated that when the septic systems are placed too close together on small : *s such as these, there are potential problems with ground water contamination when these systems fail. Acting Mayor Frahm expressed his concern that if the City approved three lets that the City would create a density pocket similar to the Crystal bay neighborhood in which the City would have to go back in the future to correct the problem by severing the area. Ward Ferrell stated that his septic system is 28 years cold and has never had a problem with leakage. Ferrell poirted out that he has paid taxes on the property as if they were buildable lots since 1948 and now he cannot use the property. Ferrell stated that up until two years ago they paid taxes on the two vacant lots as if there were separate building sites. Ferrell noted that. two years ago the taxes were lowered from $11,000 to $5,500. Ferrell explained that he 'as already told his daughter that she can have the lot and he is nct going back on his word. Farrell asked if the City was going to honor what Herb Ross told him year.; ago. Acting Mayor Frahm stated, in hii opinion, no. Mrs. Ferrell asked if the City was going to refund their taxes that they have paid for buildable lots all these years. City Administrator Bernhardson stated that should a variance ba applied for that in the review it should be considered what position the applican' would have been in if he had not subdivided the property. MINUTE'S OV THE. REGULAR ORONO COUNCII. MEETING HELD MAY 28, 1985. PAGE y #903 FERRELL Councilmember L.Adams gave his opinion should the applicant apply for a variance, he would be willing to consider a total of two lots. Councilmember L. Adams moved, Councilmember T. Adams seconded, to affirm the staff's interpretation of the zoning code. Motion, Ayes (3), Nays (0). #909 6 JON SCHERVEN �649 U. ?OINT RD (#90d) VARIANCE - RESOLUTIONI (#924) CONDITIONAL USE PERMIT - RESOLUTION Jon Scherven was present with his father A.W. Scherven. Assistant Zoning Administrator Gaffron stated that the applicant proposes to build a two :story addition over the existing conct,?te slab and deck on the lake side of his parents home. Gaffron noted that the applicant proposes hardcover tradeoffs, and that the proposed deck does extend into the 75' setback zone. Gaffron stated that the conditional use permit is required because the applicant is requesting to use the basement as a guest anartment for his parents who are retiring. Gaffron noted thi-z applicant does propose a ki`chen in the basemu nt but has agreed that the second dwelling unit would never be rented out. Gaffron noted the Planning Commission did approve the application subject to the following regarding the guest apartment use: 1 ) apartment for use of family members only; 2) apartment use may not be conveyed to a purchaser; 3) guest apartment may not be rented out and such to be conf ir.ned L y staf f yearly; 4 ) use is subject to City review at end of four years. Acting Mayor Frahm asked if a separate entrance is proposed for the guest apartment use. Assistant Zoning Administrator Gaffron noted that the main entrance would be used, but that once inside the main entrance, a door 1- -rding to the basement and a door leading to the upstairs i:. oposed. Zoning Administrator Mabusth explained that the Council did recently approve the Beck conditional use permit which is similar to this application. Councilmember L. Adams felt that the lc. ki-,illy too small to supporL another- dwelling unit. Jon Scherven explained that his parents have tried to sell the home and have not been able to. Scherven stal-ed that he has of fered to buy the home, remodel it, and then they would be able to live in the basement. Scherven coirfirmed that he will agree to any stipulations thf- Council wishes to place on the guest apart.meent. use. ..i MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 4 #988 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 *hey would not have a problem) meeting the setbacks and hardcover requirements. Goetten stated that the entire Casco Poirt area is a high intense residential area. She noted thz lie lot size waa 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 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 Rovegno, 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 staf f , wera; found to be sufficient. Motion, Ayes 5, Nays 1, Kelley vote3 nay stating it • ,uld be overbuilt for lot size. #989 HENNEPIN COUNTY DEPT. OF TRANSPORTATION HENDRICKSON ACCESS CONDITIONAL USE PHIRMIT 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 seawall along the sides of the inplace boat ramp. There were no persons present regarding this matter at this time. Planning Commission table this matter until the December 16th meeting. #990 N*ARD FERRELI. 341-1-3415 WATERTOWN ROAD VARIANCE PUBLIC HYARINC 4:29 - 9:37 Applicant requests lot area/lot width variances to construct homes on two substandard vacant commonly -owned lots adjacent to the exisiting residence at 1405 Watertown Road. MINUTES OF THE PT'VNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 5 #990 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. & 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 was necessary and was requested from him last May and they would not act until this information was provided. Mr. Ferrell stated he had a survey dated 1958 and would submit it. Assistant Zoning Administrator Gaf f ron stated he would look at the survey and determine if it would be adequate. There were no persons present regarding this matter at this time. Tt was moved by Chairman Callahan, seconded by Kelley, to table this request pending 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 6 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 proper septic site testing, three lots would be setting precedent. #991 WILLIAM ULRICH 1535 BOOM'S POINT ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:40 - 10e37 Chairman Callahan explained the after -the -fact application for a conditional use permit and variance to do grading and filling within 75' of lakeshore. .J building sites. Planninq Commission discussed the proposed driveway which will cross the designated wetland in order to access the r r building site. It was noted that the Watershed District has approved this crossing. There were no comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by Taylor, to recommend approval of the preliminary subdivision and con?itional use permit subject to staff's a recomMotion, Ayes 5, Nays Q. WARD FERRELI, 3411 63415 WATERTOWN ROAD VARIANCE - SECOND REVIEW Ward Ferrell was prE,r,ent for this matter. Assistant Zoning Administrator Gaffron explained that this application was reviewed approximately 6 months ago on an appeal basis giving the applicant a general idea regarding the City's policy regarding situations of three contiguous substandard lots in common ownership. All the Planning Commission members basically r.oncurred with their opinions stated at the November 18, 1985 Planning Commission maeting, that this property should be divided into two lets only. Mr. Ferrer stated that the City of Orono requested him to divid e property back in 1958 so there would not be futur( )blems wi..h building another home, and that this fact ould be honored. He also no•:ed that when the zoning r.ged froin a 1 acre to a 2 acne zoning distric he was tcld that this :could not affect existing ,ots. Assistant Zoning Admiristor Gaffron reviewed the history of zoning changes in that area from 1950 to 1984. He noted that the proposed lots meet the criteria required but a density issue a-d setting a precedent are open. It was moved by Chairnan Kelley, seconded by Taylor, to recommend denial of the 3 lots because it does not meet applicable building cede criteria. Motion, Ayes 2, Nays 3. Motion dies. Roveino, McDonald, anc. Goetten voted nay. Rovegno stated teat he felt this is a difficult decision because it seems that 3 lots would have met code requirements up until a few years ago. McDonald stated that because o the many years o` ownership by applicant, it would be inappropriate to deny. Goetten concurred with McDonalr in this matter anti stated that 2 lots would be acceptable. 5 It was moved by Roveqno, seconded by Goetten, to recommend denial of 3 lots but could recommend approval of a total of 2 properly laid out builr?ir.g sites and recognizes the efforts, time and re iiance the applicant has put in his 1958 application but still recommend denial of 3 lots. Motion, Ayes 5, Nays 0. #999 EVAN MELINE 3598 NORTH SHORE DRIVE VARIANCE - SECOND REVIEW Benn Belden, being half owner of the property, was present for this matter. Fie noted that Evan Meline was Lnable to be present because he is in Europe. This application was tabled from the December 16, 1985 Planning Commission meeting, so that the applicants could firm -up plans to purchase additional property from Hennepin County. Mr. Belden stated that the County intends to sell some portion of the adjacent property at a public sale in March, at which time they plan to bid on the property. Assistant Zoning Administrator Gaffron reviewed the plat map indicating the 4 parcels of property Hennepin County intends to sell. Iie further expizined the variances requested whether the applit.art acquires additional property or not. McDonald questioned Mr. Belden on when the existing hazardous foundation w.11 be removed. Mr.. Belden stated that the foundation is presently capped and will be removed as soon as possible, weather permitting. He noted that the delay has been Mr. Meline's absence and the weather. McDonald stated that tiny new residence being built should be built within the boundaries of the existing foundation and would riot be in favor of granting any variances enfringing on the Fegers property. Goetten stated that she would not approve the application as presented, but acquisition of the additional property may affect her decision. Rovegnc stated that it is a problem lot in that if applicant was not. allowed to build, it would become a maintenance problem, however, ii the addi.t.ic,nal property were acquired, a modest dwelling could be ti­vilt within limitations. Chairman Kelley stated he has a very hard time approving this as being a buildable lot. 6 vacant 1.07 acres YEAR FID 0007 MKT VALUE TAX TAX VALQATION HISTO" Ward Ferrell, 3405 Watertown Road vacant 0.85 acre PID 0008 MKT VALUE TAX with house vacant, 0.91 acre 0.10 acre PID DO(i9 PID Nlio MKT VALUE* TAX** PWT VALUE TAX TOTAL TAX (Before homestead Credit' 1985 51000 198.60 5.COU 118.60 25,000 2,064.62 200 -.94 2,469.7f, 1984 5,000 205.54 5,000 235.54 2.5,000 2,121.22 2030 8.22 2,540.52 1983 5,000 193.50 5,000 193.50 25,000 2,097.92 200 7.74 2,492.66 - ------------------------------------------------------------------------------------------------------------ 1982 10,400 384.30 6,600 243.88 14,100 1,628.12 220 8.1?. 2,264.42 1981 10,400 354.32 6,600 224.86 14,200 1,534.20 220) 7.48 2,120.P6 1980 1,200 283.98 5,800 212.98 13,960 1,596.70 200 5.82 2,099.49 (12,500)•** ---------------------------------------------------------------------------------------------------------------- 1979 5,100 198.42 5,100 198.42 7,070 1,674.92 120 3.81; 2,(''`..64 (51900) 1978 4,600 183.90 4,600 183.90 6,240 1,689.56 110 3.96 2,060.32 (5,300) 1977 4.200 169.46 4,200 169.46 4,740 1,657.63 110 4.C4 2,000.59 (4,235) -------------------------------------------------------------------------------------------------------------- 1976 3,500 151.78 3,500 151.78 ••** 1,460.46 90 3.92 1,767.94 1975 3,200 154.14 3,200 154.14 '*'* 1,457.43 90 4.36 1,770.07 1974 3,200 141.38 3,200 141.38 '*** 1,341.98 90 4.00 1,628.74 *Market value of land portion only **Tax on land and structures ***Number in parentheses is Limited Value of lane portion; Marko,-t Value number was calculate;? Usinq the formula: Lirniteci value of land portion "KT VALUE _---------------------------------- x MKT VALUF land an,i st-uetures Limited value of lane? and structure ****During these years the tax records do not indicate the values of land and structures separately Cr;�stal :?ay,;,�inne ,otr�. � V V :,inutes of meeting held in the `, illaj5e Hall on 3ept.22,I958,8t 7:30 P.;-I. Present; I:. F.. Ross,14ayor; E. C. Bagley, K - Turnha;n, --:".0. y7ood,C. Y%.i;;axwell, Trustees s.A.Hans-n,As9essor; A.3.Stinson,Foreuan; Terrllci. Rass.Conatable;O.�.Johnaon. 'inutes of weetinKs field on Auz,.25 and Sep.8,I958,were r^ad and approved. Attorney Louis B.tarech©t,representing the Hub Barber Shop at Navarre was present regarding the p&r:-ing situation on County Road I9 at the intersection of County Road I5,askin6 4or continuance of angle parking versus p-rallel parking.Council decided to look into the situation further and bring up later for further consideration. The continuance of the present contract, witil the suburban Hennepin County F.ellef Board was unanimously approved. The ►"innesota Watershed District Act was further discussed and ordered held up for further review and discussion. The ,)ublic park situation in cur Villai;e was reviewed and Turnham suggested that. an offer be made to the owners of rroperty desired,if this could be #, accomplished legally,on a basis -b000.f)0 per annun until cleared:*""�.��;�•• Clerk mill consult 1�:-zal amhoritles and report result at next meetin�. %sr,,J, Maxwell moved that the uresent tr, filer restriction bre waived in the case of Mrs.Sigafoos,ellowing her to use trailer In its present location. No second to motion was made and t::e :notion died. On recuest of Ward Ferrell for the ere: ,Ion of another residence on his property on County Road 45,B:agley moved,Ueconded by Turnhao,tr.at nis request be granted subject pofiever to the review c:nl aj_ royal of our Flanj ing ..om. The budget for I959 was set at IO2,000 for Villas; operation and The County Auditor will so be advised. A notice of •-,rPting of the Crono District Dev.Corporation,on Sep 25th,at The Orono School was brought up and representatives of our Council will arrange to attend. Verified Acate.No.607 through No.669 were reviewed and annroved with the exception of one involving the purchase of tools from the Sears*boebuck Co. on which further details will be renuested including, memo.invoics. "eeting adjourned subject to call on October I3,I958. Aororoved: O.E.Johnson,Clerk. f , (Ir ' iI t..- - , I. , ORDINANCE NO. 22 An Ordinance to Preserve the Public Health of the Citizens of Orono by Regulating the Mini- mum Si&o of Residential Build- ing Lots WHEREAS, the Village of Or- ono has no community sewage Rystem and depends upon septic tanks and soil absorption sys- tems :or the disposal of waste; and WHEREAS, such disposal methods are apt to create a ser- ious problem affecting the health of the community where applied in residential areas serving more than one dwelling per acre; and WHEREAS, other communities have serious health problems by reason of the enlargement of res- idential areas with substandard lot sizes served by septic tanks and absorption systems; and WHEREAS, the Planning Com- n»ssion of the Village of Orono has recommended to the Council that regulations should be estab- lished now to prevent the same sort of serious health problem from arising in the Village of Orono; NOW, THEREFORE, for the sake of the general welfare and health of the residents of the Village of Orono, it is ordained us follows: Section 1 After the effective date of this ordinance, no build- ing permit shall he issued for the erection of a residence in any residential zone of the Village, except upon a building lot con- taining a minimum area of one acre, and having a minimum width of A0 feet at the building , line. Section 2. It is recognized that there are several built up resi- dential areas in the Village which are substandard and overbuilt by the terms of this ordinance. In such areas, building permits may be issued for lots not meeting the minimum requirements estab- lished by this ordinance, if the Village Council feels that such building will conform to the gen- era characteristics of the neigh- borhod and will not have an im- rriediate and specific adverse effect upon the public health. Section 3. It is recognized that the eniurcement of the minimum pro-: isions required by Lhis ordin- ance with respect to lots held in single, sepe�rate ownemhip at the 117 a of- a passage o is ordin- ance might be an arbitrary depri- vation of a vwltiable right from said owners. Therefore, where a lot which fails to meet the mini- mum standards of this ordinance is held to a single, separate own- ership at the time of the pas- sage of this ordinance, the Coun- cil may issue a building permit, provided that there will be no immediate or specific adverse ef- fect upon the public health. Section 4. This ordinance su- percedes and repeals any provi- sions in the platting ordinance or zoning ordinances of the Village which are inconsistent herewith, except that provisions of prior ordinances establishing higher standards than those prescribed by this ordinance are continued in effect. Section 5. It is recognized that the establishment of defin.te standards for all lots in the entire Village is impossible, as there may be, in every case, reasons to relax the standards, or to en- force stricter standards. The Council reserves its discretion to increase or decrease the stand- ards hereby set for good cause, whenever the particular facts of the situation convince the Coun- cil that the public welfare, and particularly the public health, re- quire such modification. Section 6. This ordinance shall be published in the Minneton'-a Herald at Wayzata, Minnesota, and shall he effective immediate- ly upon such publication. Passed by the Village Council of the Vilage of Orono this 12th day of October, 1959, by a vote of 4 yc As and No nays. 11. R. ROSS, Mayor Attest: O. E. JOHNSON, Clerk (10-15-59) Ordinance No. 7 An Ordinance Raqulailn2 Plai- ting Lo the Village of Orono. Hennepin CountT, Fanneaota. The Village Council of the Vil- lage of Orono ordains: That the following regulations be, and the same are, hereby adopted and approved; Lind shall be known as and may be cited as "Village of ")rozio Subdivision Rego' ions." In order to safeguard the best Interests of the Village of Orono and to assist a subdivider in har- monizing his interests with those of the Village at large, this ordi- nance is adopted in the hope that adherence to it will bring results beneficial to all concerned. It is obvious that piecemeal planning of subdivisions will bring a disastrous disconnected patchwork of pattern and poor circulation of traffic unless its design and arrangement are cor- related to a Master Plan Study aiming at a unified scheme of community interests. It is, there- fore, necessary for the Orono Village Council to make certain regulations a n d requirements which contribute to the health, safety, convenience and general welfare of the corni.•unity. In the long range analysts, the Fan- mrig Commission believes these regulations will aid in raising pro�Xrty values for the subdivid- er and will effect many economies in the platting and development of a logical subdivision "4ubdivision" in this ordinance met,ns the division of a parcel of land into two (2) or more lots or pet+:eb for the purpose of trans- ter of ownership or budding de- velepment; provided that a divi- stor, of land for agricultural pur- poses Into lots or parcels of five (5) KTes or more and not involv- ing a new street or alley shall not be deemed a subdivision. The tern includes re -subdivision and, when appropriate to the context, steal. relate to the process of sup- dirkfing or the land subdivided. Division of any existing lot, par- cel or plot of land shall be ccn- ■tdered within the purview of this itirdioaace. GZXZ &L RLGVIREW"T8 assee - 1. Its any areas where the 1'!an- ning Commissiun has adopted a part or whole of a Master Plan, the proposed subdivision shall conform in general principle to such Master Plan and if the sub- division area covers a designated the oughfare. such part of this main artery shall be part of his Plat and shall be dedicated by the subdivider. 2. In the design of the subdi- vision, provision shall be made for the proper connections with existing streets in adjoining sub- divisions or for the proper exten- sion of proposed streets into the adjoining property where such adjoining property has not been subdivided. In considering the extensicn of such street every attempt should be made to main- tain property values in adjoining subdivisions. (Adjoining de relop- ments f unequal chars -ter should not be united by connect- ing streets unless it is deemed necessary in the public interest for street ma:iaerance, safety and fire protection to du so ) 3. Street right-of-way widths shall be designed in accordance with their character and use. Thp following widti. , are suggested as minimum right-of-way for var- ious types Of streets: Right -of -Way a Major arteries and parkways ....................... 100 feet t. Secondary and main thoroughfares 80 feet c. Neighborhood residen- tial streets ..................... CO feet d. Minor residential streets .... .....__..... ... 50 feet 4. It is desirable that all r.treets shall intersect as nearly at right angles as seems pra(t!cal, taking other factors into consideration. 5. Minimum center line radii of local minor streets shal' be not less than 100 feet, centerline radii of m3pir and secondary thorough- fares should be not less than 300 feet. A. The location of all curved streets should be so arranged as to fi, the natural topography as closely as possible and to make possible desirrilc land subdivt- su.ns and safe vehicular traffic 7. Terminal residential streets or culs-de-sac should be platted not longer than $00 feet uriess toposgraphicol condition., make a IonFer terminal Rtrect necessary. Such cuts -de -sac should be avoid- ed altogether where possible. 8. A turnaround at the erid of all terminal streets shall be pro- vided of not ►ers than 100 feet in diameter at the property line. 9. Street names may be indi- cated but shall not duplicate nor resemble too closely names of ex- isting streets in Orono or in the metropolitan area. Existing street names shall be used when the platted street is a logical exten- sion of that particular street. Alleys 1. In general, alleys shall not be permitted in a reside.iUal sub- division. Service drives shall be provided on major thoroughfares. Where alleys are necessary and approved by the Council, they shall be not leas than twenty (20) feet in width. Alleys will be re- quired in the rear of all lots to be used for business purposes. 2. Where two (2) alleys inter- sect, a cut-off of not less than ten (10) feet along such property line from the normal intersection of the property lines shall be pro- ;ded. 3. Dead-end alleys ahall be avoided where possible, but if unavoidable, shall be provided with adequate to-n-around facil- ities at the dead-end as deter - mired by the Council. iasernents Where alleys are not provided at the rear of properties, there roust be provided a public ease- ment as a part of the plat. The purpose of such easement is to provide possible location for util- ity lines such as sewer, water and gas and for location of electric and phone lines Such easement shall be not less than llve (5) feet on each side of the Iot line, mak- ing a total of ten (10) fee*.. do garages nor structures Shull be built upon this easement. Ade- quate easement provisions "I' No, made for area drainage and storm water carry off. stocks Considerable latitude as to site of blocks is deemed desirable by the Council in orde- that the Subdivision may be planned in blocks to Suit the tot-graphy, the general character cd the site and the 0pe of development appro- priate to the locality With the it,creased use ref the sutoniwbiie, the trend in residential subdivi- s,ons has been toward a longer length of block and a reduction of the percentage of lnnd devoted to streets. Under certain con- tions, blocks up to 1000 feet or 1200 feet in length may Le ceptable. Lois 1. Residential Tuts, as to size and area, shall be governed by and subject to the policy of the Village Council which is hereby declared to be that all lots cun- form in area to the existing lots in the general urea of the pro- posed subdo ision and in no event shall be less than fifteen thousand (15,000) square feet in area, and rninimum width of one hundred (100, feet at the build- ing line, exclusive of any ease- ment ter driveway purpo:;-­ (util- ities easement excepter!). 2. Depth and width of proper- ties reserved or laid out for com- mercial and industrial purposes shall be adequate to provide for the off-street service arid parking facilities required by the type of use and development contemplat- ed. 3 $ach cot shall adjoin upon a public street arid shall have a minimum width of thirty (10) feet at street lane. Lots in reg,s- tered land surveys may adjoin upor privrte streets Said streets nonetheless shall comply with provisions pertaining to streets sit forth in this ordinance. 4 Double frontage, and reverse . !tale lots, should be avoided except whe,e essential to provide separat:on of residential develop - merit from traffic arteries or to overcame specifte disadvantages of topography and orientation. A planting screen reservation of at least ten (10) feet, sild across whir h there shall be no right of access, shall fie provided along the line of lots abutting such a traffic artery or other di advan- tageous uses 5. 'fide lot lines shall, hi �ub- �tanttaily at right angles or radial to street lines need Areas Areas within the juriseictwn of the Village Council subject to tto(A c onditior,s a,% established by the Engineer of the Village of Orono will not be considered for ,A4iv►s)cin purposes until ads quate drainage Ass beet, M ,vid led Planting on Pubic Property The planting of trees, type, spac•:ng, etc., on public property r.h�. l he subject to the regulation3 of the Village Council. No plant- ing, gateways, entrances and sim- ilar improvements shall tie made on public property except with l,ormi-mon and approval of the Vii!age Council. Public Open Spaces It is the declared genei..1 policy of the Village Council that in ail new subdivisions not less than free per cent of the gross area of all property subdivided shall be dedicated Lir public use, each five per cent being in additiun to the property dedicated fur streets, alleys or other public ways. The Village Council may waive this requirement it it feels that public property, other than roads, is not nec•es.,ary in cowiection with this subdivision, The area thus dedicated should he either usable area or area which can ue put into usable shale by the subdivider. The subdivider shall leave land to dedicated in a condition satisfac- tory to the Village Council. The varying size of lots, the size of the subdivision. etc, will have a direct bearing on the de- sirability of and the necessity for such dedication as veil as the size of the piece to be dedicated It will be within the discretion ct the Planning Commission to interpret these regulations in the light of the overall plan r nd pat- tern of park devviopt* rit. In the ►r.,.erests •ie Village as a whole, and, therefore, of benefit to the subdivision, the Village Council of Orono is de- sirous of conserving certain areas of natural beauty and estsbirih- mit in various areas the logical distribution of the to!lawing types of facllities: 1 Play lots, for preschool chil- dren, 2 Children's playgrounds, f or children from five to fifteen years of age to use for active play. 3. A•hletic Avid, ss a specialized center fur organized games and sports • t Park-h, large and small. Mr their value in passive recrea- tion and as a long range pro. tectic.n frrim congestion of de- % e top"'* n t A ccioperative interest in this larger program is sought by the Village Council and it is expected the subdivider will aid in assist- ing to make this achievement possible. Platting Procedure The Council of the Village of Orono requires that all proposed subdivisions shall have the prior approval of the Planning Com- mission before receiving final ap- proval by the Council. It is, therefor-, riecessary that certain steps be taken am" data assem- bled that will enable the Plan- ning Commission to study the 1roposed subdivision in the light of its relation to the Village plan for growth arid development, and in the light of the general topog- raphv and the character of the development. To accornpliich this purpose, the Planning Commission will wish to submit the preliminary plat to their Village Engineer and to their Cunsultant for their study in field and office and for their recommendations This prelim- inary plat for the consideration of the Planning Commission shall tie filed with the Village Engineer or Planning Commission not less than Ave days In advance of a regular meeting of the Planning Commission to allow sufficient time for review, study and a recommendation pertaining to this plat, at the next regular meeting. Whenever possible, it is desir- able thrt the pre' munary plat be accompanied by a written state- r;ient specifying the intentions of the owner respecting the pro- posed character of the develop- ment, deed restrictions, drainage, parks and playgrounds and the intended date of beginning devel- opment, lie should express has willingness to proceed to file a plat of record of his subdivision or such part thereof as he may wash to put upon the market and to install all mono mints shown on the plat. The Planning Commission n its consideration fit the preen. inary plat, will take into conaid eration the requirements of the Community and the best use of the land being subdivided Par ti, ular attention will he g.veo ti, the arrangement, location and widths of rtrtets, the general drainage situation, lot sires srid arrangement, as we'll as an, Mas- ter flan requirements such as parks, school sites, boulevards, highways, etc. Adequate street connections will be required to Insure access and freedom of truf- fle circulation. The subdivider, after the ap- proval of the tentative plat by the Planning Commission and prior to the submission of a final plat, shall within six months after the date of approval, or such longer period as the Plan- i ing Commission may grant, cause the property to be surveyed in accordance with the approved tentative plat and r--y and all changes therein as approved by the Planning Commission. The su: vey shall be made '.n accord- ance with the standard practices and principles for land surveying and all monuments shall vie sub- lecl to the inspection and ap- provai of the Vil.age and lhp :'ounty Authorities before ap- proval cif the Anal plat. Final plats must be submitt4o to the Village Eng►iie •: or Plan- r;rig Commission riot irss U^an t;ve d .r in ad-ance of a regular meeting of the P' ^ing Commis- sion for its prior to sub- missior to the . t..Age Council. The Council requires that all streets shall be graded and grov- elled as s part of the develr,,,- merit. Such work shall be done under the supervision of the V.1- loge Erigine.r and subject to spec- ifications prepared by the Village sngineer and placed •)n Me with Village Clerk. Iatertot atreeh :'he subdivider shall grade a^d gravel streets at his own exr , .e. In case this work is not complet- ed for a logical reason when the Anal plat is presents-d, a perform- ance bond with a Surety Com- pany approved by the Village Council shall be furnished before Areal plat is accepted bounda" Sit ee The subdivider may petition, pr:ear to acceptance of the. Anal plat, that the jerading and grovel- ling be aerie liv the Village with fall coats a.swsaed against the b*rAfltted prow ri y o. • r a period nc►t to ex'"d te'; ):earl P►etfials►ory Plat Your yrinta of the prrh -fairy plot of a proposed subdivision )tall be submitted to the Or,,no Planning Commission drawn to a scale either one inch equals one hundred feet or one-half inch equals one hundred feet. The preliminary plat shall con- tain the following inforinrition 1. The proposed r.an:- I description of the s. i31on. 2. Its location with reference to k n o w r, existing thorough- fares or section corners, etc. 3. The boundary lines with di- mensions of the tract to be subdivided. 4. A topographical map of the area (showing contours of the land in general not greater than one foot interval,,). Map should indicate location and width of existing adjacent streets and utilities with es- sential elevations and make note o! bench mark used and its elevation. 5 Owner's name, Subdivider's name, and the Surveyor's name PnA cerufleate. (Sur- vey shall be made by Regis- tered Land Surveyor.) 6. Scale, 1, point and date of plat ? Preliminary street profiles showing present grade, pro- posed grade (every 100 feet), complete with percent of grade and showing sat fnc- tvey disposition of storm wa- ter Two prints of profile -- one to be returned to the subdivider when approved and acceptable ti. All plats acid profiles shall, bear the standard State Board of Registration Certifl- rote, properly executed 9 Proposed building lines on s ll lots intended for residen- tial ux and in some cases re- quired on lots intended for business use, and at least the e-tback r e q u i r e d by the i '.ing Ordinance and any appuc•at_le : oning Ordinance. 10 Owners name of unpiatted pr )pert-, ►ots, blocks, and name •iivis.on rif plat- ted pr withir. 150 feet of the Ary lines of pro Posed subAivision. i l ('opy of the provisions of any protective covenants where- by the subdivider proposes to regulate land use ter the sub- division. rivet Plat F11"Wriomo f Th Jt krrunary plat 61 nut - lined abo e • a prerequisite to the submissir of the filial plat Approval of tite preliminary plat is tentative only. at,proval of the final plat shall be obtained from the Village Council after first re- ceiving approval from the Plan- ning Commission upon submis- sion of same with the complete information outlined in the re- quirements specifl-d herewith. The Anal plat shall conform to the preliminary plat as approved, and, if de iced by the subdivider. it rrsy constitute only that por- t;on .,I the appr d preliminary plat which he 1 s to record and develop at me, provid- ed, however, ti... su,-h portion conforms to all requirements of the-e regulations. The following data shall be shown on or submitted with tt.e final plat: 1. Boundary survey. 2. Di pensions -- all necessary. 3 Ang,es--at all boundary and knock corners. 4. Purpose for which sites, other than residential lots, are ded- icated or reserved. 5. Minimum building setoack line when required by the Village Council. tl. Location and description of monuments. 7 tither data such other cer- tificates, affidavits, endorse- mnents, or dedications as may be required by the Village Council for the enforcement of the!ie regulations. in lieu of the completion or installation of any or all of the above improvemerts, and before the Anal plan is at. proved end recorded, the Vil- lage of Orono may accept a cash deposit or surety bond to *ecure to the Village the actual cost of such improve n•ents as estimated by the Village Engineer. 9 Streets and alleys (by angles and distances). 10 Above description should In - elude all centerlirw curve data It. Sueet names 12 block lines owl block mum tars 13. Lw t lines a.fd lot numbers 14 Lownrients and their width# 15 All netenary certificate# re- quired by law. 16Name of subdivision, + *le, date, north Ix.3mt and C, -7 a. b. er pertinent information gen- erally required on plats. The form of approval shall be as follows: This plat was approved and accepted by the Village Coun- cil o: the Village of Orono. Minnesota, at a regular meet- ing thereof held this .........day of............................. A. D. 19....... ...........................................Mayor ................................ ........... C le•tr This plat was approve the Planning Commiaaiur C7 the Village it 7rono at a reg- ular meeti. meof held this ........day of.. .........A.D. 19..... .........................Chairumn C. Checked and approved this ........day of................A.D. 19..... ....................................................... County Surveyor, IIennepin County, Minnesota. Should any section, paragraph, clause or condition of this ordi- nance be declared by the courts to be invalid, the same shall not affect the validity of the ordi- nance as a whole or any part thereof other than the part so declared 4o be invaLd. This ordinance shall be pub- lished in the Minnetonka Herald publist.zd at Wayzata, Minnesota and shall be effective from and after such publication. Passed by the W ;e Council of the Village of G this 12th day of September, 1955. H. R. Ross, Mayor. Attest: O. E. Johnson, clerk. uL oit7lN. 11(r. : I ­ , 4 Liu., t�ulldjj;!A lilt It pt, blitz I u r icn a v-ilm, 'If Th;i wninr b;j;nr. li, -irttiF 'y tilf I oil] tiv.-I J this I- �,.11 it;('.I wA u."I ; Two!" ULS t_L"tljj of 14 ...... ;,tid th, t1l; t, Lr.d 11;i, rai-:" - 0 r dwallisir, ;�.iid rot 4W the-eir., except jr :action IV. it-nies trzff,,- sirnii, and ex sec!'Osw al. At,-,) BF tT FUPTIIER It19i,1 cel't advt-i-I-sing for !!ale a AND BE IT ffiVIRTRER ItE- milt, the pmrnis-. l on whi,-h the 1'3(jLVFP AhIj OPWAIN&3, Ttiavt 'the F, )LVFI) A, ND 001)AINLI). -,L'hA rjay be locat-d. it"low'119 area and distri et io 'said Orr,no 'Township ablil 4irtxjl to 3. No Luddir,, or ofticr otruc ._i,! Orunk; Tnwni;:j� 'P b", -4 the ture be, and the' S;Arre is heireLy dvsignaW 48 a shall I,#- erect�Vj upon an s., i:; h- rc fly rtr-t opetea , e a I i land t%iti,.in the AlIeve zt., ling di 0:91clet Town zon' inil dtittrict q1 the 40" at Orono, pursuant to the I& a"•' ;hu of "Pt WhLrt- --hic hail u ,,,. 't 111" 13[� 10rono, pursuant 4, the which the I-ulldinf; IS tote o?, A nec�, tO_wj�1*:*,4&he . Qn Ir other :,1,ru 1tfi,_11 0.-Ot", to -Wit. tsc Is I De erected Slubla's bay DisbUl Oroac, IXstsiet j building lot" as lj^rcanaf!er d "buildirip That part of Stetitgns TtiLrt ri That part of Siietions Two (2) -1ned. A lot" jx here 1 Fined to he Icnd owned I I r.d one (31) and Thurty-two (32), r Lind Three (3). Town!,hip One on-, o- orsh)p wb Ch equals r Township Oue -Hundred IU&b. lltnti.cd fw--%,Pnl an (117). Flange --:tce,.-d t Irea of one and u. tern (114), ILnig, Twenty.thtee _. 7wt.­)--thrc* (U), 11 e n n e p i n half acril... prov:ded, 1-.nwuv (23), Hennepin County, Mbuw- I Cu4nt,% Minne-It-i, and of See- 1. hdt where, at the ti-no this s r seta, anti Sertinro. i1v. (b), Six ultra thi-tC, li-,e (35). Tovirrilship lotion grid ordinar;e shall to (6) and Eight (8), Tawmsjap One Hundred &!venteon Ore H-.n(!rc:1 41ighteen (118). effect, the Land has been plat (111j), VAnge Twenty-three (23), 'Icnnepin Parige T%v­ntr-jbrcc (23), Hen- into lo!,, and a plat filed of re Countv. AlArInesollial. described 3 ncpin County, 24innetota, d!?- old with the Registcr of Deeds seribed Ls foUoi%s: Hennepin County, and the Rpfi as foco 111" at a point Q W All of Section Two (2), T(,wtk. trar ut Titles of Hennepin C�_ where IG " Of the ki'lirn - Mp One Hwulrod Sevent"Outy. and %%here the arm of I any r, ,l ship road rt*and North 4 South an center see&n ILw (117). Range Twesty-uite (2i),,pllatted lots is less than one of excc�;t the tr;.ftVt4,r piece of!(vnt­Calf acres in area, each Section Flv,,� W, Township One lan.1 lying ru.rthetatelly of the ';:jt shall constitute one "buil Hundred Seventeen (117). Range :fightcf %v:,y elf the main line cif'iot"; and provided turthe;-, th Twenty-three 1(23), Herinenin i tw;ki G-A Nivithern Rallmad, where, at the time this ref-ulLti County, Minnesota, intersects I ;.;:d t tht triangular 1:1ece and ordinance shall take eft' j the &uutherly side of the right I of land 'Y!US northwT81f!--IY Of 'he area Of 4W UnPl4ttO I�Wpara of W.&Y of the Minnesota WWI-' the light of Way of the I.Ljine- '(Plece of ProWrty undo oat o* em Railroad (aboLknown as the S.-ta we"em R-211,mid, (&!So e;shlp is less than one !j.d Luce line): thence in a north-1 kr. w- - s tb* bjs'f a4L.-e3 Ist area, each such wes'rily direcUon along the and larttt. piece of property shall C .1 sGuIlLer-Y line of said right of .%J of Stct.on Three (31, Tt)ywn- rtit-ite one "building lot.,, Way -if _lid Minnesota Western, Pri.!p One Handmd Serecte,ri of-* family dwelling Uith acre Ra4lruorl to a point where said '117), Ran A;e Twenty-three (" V). sort' bwldintc.; customarily Ln(. -terrects the West line of 13 ing Ewt of Ccijiity Road Nuin- in c0njuncti(.n with Ginily 4%0,- the ..,i:t one-half ia.,j) of Sec- bi.r One flur-1red Forty --six 'nZs and cvialdr,-ed a pa-.t of su tion Thirty -me (31), Township, (146), And wullicasterly of file family dwiUuag may he ",a*- %.Jae Hundred Eighteen (118), nght (if ­ �iy of the Mjiu.�Sqta 1141-1 any one ­brwi�!ing 1,ot_ Range Twenty-three (23); thence' -r-, Mailmad, (:,o , knin ., n snry buJJ1 dtemed iii SoUtil rlong the North-gouth I.&hLbe Ri who Lt.,c line): include "L&II&nfis as g elvilter line 3f &aid Section Thir- and 1cottage3w, gwxg#-�. bViAt !to - ty-ons, (31) and Section Sin (8),s Ta;J l,.A ty! 'Suctior. Thirty-five'- u-n or w. 1! hck,,w% ch'( Town-lilp One Hundred Sevvs­ (35). ':O'VrLhip Onc, Hundred , .10 L:A iii. berns, or (", her farm but Folhlc-n teen 117), Range Twenty-three; (23), ' *c t-rit,,r point of tail (Ili.,,Rarge Twvnty-j,in,.­. f'3), contained In a trian- 1 4. Nottilry4 ;iieleil; &h&U be c Sectnw 'R!x if). Townslup One, Ijof IL,nd formed by the south-,- u-jjj,j to Vr!)!,+it -A I an f Hundre-, -enteen (117.-. Range TWLn1%Ahrry (23); thence Tast' -sil" lt�nr cf the right of wes ,t' Jail. �,om c,n-uriLling on the -'.'inne:ots Wrrtr�tWitter':Rail- :mAileJ by him along the North law of the any tr.At or . I Itn"wri as 014% L" :' !14L­r%, or ;�rafe.�..on wL-wh u Soldheri5t chipquarter(SlKiki) ctf' the fiatthweapi 7 It, tq.,%cr ein the land a &z. (6,1, Townsivip one • , 'funr,:., . of itit !i.ffht of w:iv of the main of rite ad/ of thiq r4m I -i SeviL riteen (1[17), Ra&ge l!_t of the Great Nurthurn Rail- :1 4n'andnance, the and I Twt.kt% _:.hrce (2.1:, to the Nortb,. r--d ­-1 the Sol-th lint: of -itio d at' ment of thin rrg .1.1tion and -,w,,;t c ncr of the Narthoul rte I of V- Southeast rt i icUm. rir frurt, t-orkiiity-mung of h.,1A41I;4 1-1 One-quorter fNzvt, S244) ot BY IT FURNIZU UM0lXFA)"uiwWUW ­ ) 'All I (fi!tl)A:%ED. That lNe fill. Uft "--WftKt1l'n %Wi m,wh trad., (or 41rction Six (6), Town_ftp One I rundred Sevitinto er. 4 1 I-t). Kisl� a r9iLt ic.rs tit -i re- 11.,ttry u- V-rfe Twenty-three (33); lhPncel Sou. i ttvi;, -A ith n.i.ect to isos ot ex-Air-r Lm the iA*d at tht. I along tile We" isle of Lnr',., r., lefid, ail buildimis within of the I f this reF.olat P. Nmheag One -quarter of 11)el rh f�t-tt;ivnlfancd &a. -wing die- and ordirmwe, and tht, rnar t of this rtrwation mad r"ti-irf **'YUthewt (NVs, I- j!nti are he - thy ffillowa, ; tioc doll atiything I,,,rmjn S914) of Soiic', cri, Six (4), Tov rl- to wit. WrIed be c. il-trmd Iry proh, t ship One Hjndftd sawmi6w `--i-Al roning �listuirt is hcr, the ti-a of 6114 laid 1-� Itle Ran4v. Twenty-three (31L + :anti to he it riiii'litip n't, riiinl-,4 dilsti-tvi fo, arricultitI&I tf, a pain, what said Ike 4!Arirt, and nf- iintAiiins .,14,1 'Militrove- r "Iw4wil.9j; tha.3 111PINUD UW Ph(Arl? 11" of A-** Wills %lopetolinka: I tn4..., eamitilio(4 be Ali MA34u- - I AL- �k .0putheilly awl WORM 4 flit t* 1 as um pill o ' -Ag held :+E.!J-% tlov, i. ik. I:u i Only Jell, is ,a! iit:toak th, s " nori!-, , ,!c }•, i ;;,(t r,, h lrcreas(tr%' nv:ldi. nlong the wt•s't r,,y -A of e:atd i e u;n:.► lei:; ti$r rl ie. Cot' IUrrtinl: channel to n point w'hF•re it in- with fartAl; dwellings and cor, tc•t'aeets the short line of Stul,bt, ,,dried s part (►f such ftmil; i Bay, Lake !dtrwetorka; thence dwelling may be erected oi. anp westerl}', rrortherly and easterly c:tt• "baildin;; lot." Aces wort' alcrt,t tlh(: west shore line of said , lj�uile!jjgq, sit,aU M dterned tr: to. StuL.s Bay to a pain: n nere the t '!'lot, •..,:F bu°id:ngs as -;Jest cu,. fail! Yhote like intersect, the, !agt•c, ; J;,,q,,. +,,o;,t LoE:ec,, p trip Wost side of township rv3d run-, fit. 'e'ril ho;i ,, chicken hotlst:,, I North and South on cen• + h:,rnn and (,tnci farm buildings. 'ter srction line of Se.tioi, Five Nothine herein contained shall he (5). Townfihip One lturdred cr.n: id(: ed to permit or author- Set'entcen (117), Range Twenty. j. uc bt:y persen whntsuever to three (23) txtended; thence Jtiliie such nc:emu ry buildingt. Korth along the Wert > Ae o! r' or ally o1 them. .0 os related to i sa A township road cx:ended tutariv runimercial enterprise con - the point•oMeginning, iduc;(d u and w•lach sairi Toning district pan as ptemi:,es. t sl'-all be reiarred to as the Stubbs a- Nothiug hcre►n contained 'Bay distrlet• shall be construed to prohibit all BE IT i VRTHM kESOLVLMD awncr of land within till said '.1'�i) OItDA!]!1f:D, •'Fiat the fol-+'oninR district Iron, continl-.nq nr '•'..lea. reguiaaons and reirric-'tht lw.d owned b% him, an.,, t.adc : w;,h respt�a to ..;es of thei tnOv 'rti nr profession which lanrls and buildino within t!tP ::i existtr,ce on ,..rid land at the • raging disiricitshall be and ' t:t'it• cd tht, :adoption of the itso- v: ::erebv adol,t-i rrs follows,. !' '''•n knit nrttinancr, and the en- v: :.++•:tent of thic rekult,tion and re- v S r : wn. or tram vonsti uct in l; tit v rvnut;, di trh.t :s h(•ie•„ , r ir•clattd :u t,C v pri at' rp.i ..'ling or build;ng� fur ur•• ;n tistl d+ats :t, ar.d or buadin +t. •Ilan • ith :,lcf' tt•:,lt. in- r other stauctare or inn ►rcvernvnt d tr ' Y or prn'r:•rion whirr is Ir .t,,il heveaf.t-i he err .ted, alto:•:(" sa „and in } (' a:r.n c,: t.r be used ,. r the i w., ,•t 0- adU, Curpa::`a Ut;lei' then pi, r•,c _ 1•'R(lai ; vrpovs. -• tJTta.ttncrt of t'tia n ytaa ' r. stet. Eton; tlnr shall ' ! ' 2 No billb( Aid or _:h+•r a-'. ! Signs, dimplity• or w h. , i of Or. kir:d R►tall !)C e.'i, - -nt.atzintd 'n eaJ ianirig ,.- + X. e;,: ,:qns twe;'tng or",, n• s of the res,dents :it t}. .. r . at;d the nJnlrr n( +t+tei;- ihrre+ t. exetp! I:reEet an,; t�+•i :Junes ::nil t►affac . qnR, aa( i ry:,t r yt si}cn, adtn i t i;;:; g fur sal or runt, tee prrtri's-:' rt. whlc No .`Jul:'buy . , t,. � I'AW" ell er• .tC , :r" •n•+ ! •-irt tht r.:•u: r.orunE tri. • • •t.Nt whet.- +:he ;and Vie building )r 0her s1 turf rs to be erected ct:nstr(,lt' A i:wbvinq flit" ae hrteirarler 1. A "t+ iild U lnt" is ; ' "b;' do fir.'vTp -re it I t tlt4l- i , � g-r �`'�'�T:'-'li•� �dT"n'Hil--�C"F:"'jar' 'Tma rr •lie tha res.JjCt,,} 4i►d U. � r shall talk cAr•,'t '.,•• :.,n .r(,n pt.ittn(1 wit: 't,t~. •�-wt -Col t i tv,(K d " 't t, , `t •,t -W.-Os of New% tv %teat t(ryt(,iw„ Jw •,tia i+••� 'Lis o* Titles .,f n + ;:cln•• M,riats•iu, swi atM►t� th.• a••e Ane• ^.its t/il.:'Ad 10E ip .:•.r tf .. - ,• ••,. +ill ..: (Ja. •.a..h . , i , , '.,r . '; ,; hr:lrin con:air(:r! hr• ' r •• pi uhii)It t lle , � I u(A x 1, i .I t,+f • , , •, i )tin DINED 7 ha' b i. ►•. :W area and tt:. i.' Tow•# ship t ct•cKttYs runt U.::4rict . p of ••ran+:. •fret tlOy 1t tht wh•: ( . •a North !trta of ' ,r ei,lr:;1 •c .•'ti�nteer ',t1► +.ator of t!,:• ':'edt "lr@ •�! 't: -•t , f l r►r.e `.l::.pt•t .•nra (-,,y" P♦ ft'ott•,i' e',v, (lei.• 10 . tisr►rt•eiY �•,,,ug tan . tlMlrlt nt said S.-et ton •r T•(•P,. il,i';rirt•� fifty-,tx :•'�1, '1.•tnepi.) County. MiJtne. t.•. c:aend' d r.nrthw. stcriy; tnc'e runninic-Aov1h#rStcr-v1 4 nog the said southwesterly ne of said subdivision, and itt, orthwestcrly extension to the tels(•ctlon of said liue with the unary low water mark of Ae Krneto:.ka; thence run- inp along acid shot# line in a or•theaslerly direction, and then r. an easterly direction, and then in a Soult.erly direction. and then in a northt-ly- direction.fopov•• inA the line de ::..a h; :tie ordi- nary low water rvark of Lake Micrtetonka. to the Point of be. ginning, and which said t of tg district :<ttal be referred to as the Brack. ett':i Point district, ' 13E IT FURTHER RESOLVED AND ORDAL ED, That t;te fol- .0wing rule,, reguL.cic:ia and rr- -Arictions with rettpett to rhea t,f tht' lands and b Jdinps v: ilhln he aF M( '19 a strict shalt be grid ;.'r, herei, V%4c• to -wit: A. Una• 13"%tticts �!&!.i rv.: 4f, d:Z•-1,t is ht: ^.. . ided .r:a use ,t' ttic!s to e' 'siena.-I cs ''rrs'd^ntial ,lis- irt a•►ti 'roinmeicial district." I. All iltat pnrtlor of sAid zon- g : tlr',-L .ether ti,Ar± :hat h• re- dite. tar: t ar.d r;ea;griated •ome..cirisl dArir:" is `Ufnated awl established rcridert:.al <;i.4trxt." 2. The IQc,--••.na describod po"Ilon of acid zowna; o'strict is ;-ervby derignaled and cstahhi hid r),nmeremi 3istriet". "i : !:- 1,1 Gover lent r s One tit i,id ;'tit„ t2), it,;J v n fll Tuwna!!n A— Nundrer', SC. "M gp U 17t, N,ta.ir Twent�-- W.e i i). Hern•>pir Court.. 114.ir1necota, dea_rtt'md a-i •ov x- That part of (iovemn•rnt Lt,' U•lc (1) uex•nn,-e as toii(.w►.. r'•:1nm(ficive at a point '.." +►••. •.: 1r1 ••e Jlt'd talc-! which wir,t t. ti.•!errauttd ,- tollo%.J :'ills .EHci't,• at a p•,it'E 6'. Jill !-+r hr,rt al + .'K:n(.pt•nEirw A1tich •`! '(rr`tCr, "2 •it'►t' .: it ,. ' ;ietr !»,wins+ ti.•ilir ,,,.n .zt barer tt;ti .atf) ! s.tn ,i rniti' '.which is ''touts 'Cctt do. -'^' , •In•i rot FiR••i 'rtu►'itr■e! 4aa0 b) icet irostt rite Ifiisw,s�t City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING VARIANCES REQUESTED BY ALDEN ANDERSON FOR A PROPERTY LEGALLY DESCRIBED AS TRACTS C AND D, REGISTERED LAND SURVEY 96 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Alden Anderson has applied for a lot width and lot area variance to permit construction of a new single family residence on a property legally described as Tract C and Tract D, Registered Land Survey 96, hereinafter referred to as the property; and WHEREAS, the City Council has reviewed :.he application; the recommendations of staff and the Planning Commission; comments of the neighboring property owners; and letters and comments made by the applicant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of. the City of Orono hereby denies the requested lot width and lot area variances (Section 34.352) for Tracts C and D R.L.S. 96, and denies other required variances, which variances are lot area variance (Section 34.352) Tracts E i F, R.L.S. 96 and development of. :substandard lots of record held in common ownership (Section 31.202) for Tract C, D, E and F, R.L.S. 96, based upon one or more o_ the following findings of fact con.erning this property: �i The l.: ,�.�y is located in the LR-lA Single Family Lakeshore Residential District which has the following minimum lot requirements: Section 34.352 rot Area = 2 acres Lot Width - 200 ft. Front setback 50 ft. Lake setback :1 75 ft. Side setback 30 ft. 2) Tract C, the proposed building lot is deficient in re(;ards to lot area and lot width requirements as follows: Tract C's area exclusive of road easement_ ;)er Section 31.204 is 1.7 acres - short 13,068 sf or 1�4 Tract. C'.- actual wic:th i:, ;20. 3 ft. - short 79.7 ft c: r- 4 0 #, City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3) 'tract E, the developed lot is also deficient in regards to lot area r-equircu.ents as follows: Tract E's area exclusive of road easement per Section 31.204 is 1.4 acres - short 26,136 sf or 30% 4) Combined Tracts C & D, R.L.S. 96 and combined Tract E & F, R.L.S. 96 have been owned in common by Anderson from May 23, 19-56 to the p_est:nt. 5) Tracts C, D, E, and F were owned in common by Sam Houston Huffman and 1'lorence A: %jaret Huffman since October 14, 19,52 at the time of the replatr_ing of Lot 4 and 4A Auditor's S.abr'ivision N imber 336. 6) Vacant Tracts C and D are used as la -en area and additional lake access for the existing residence on combined Tracts E cand F. with tits use a -id with the lots in cormnon ownership, the `our lot: meet all the District zoning requirements. 7) A new home on 'tract C would require an additional curb cut :n a section of Shoreline Drive that is heavily trafficked and already has an exce_, live number of accesses serving sting houses. 3) 9oth Tracts C an_` E have been zoned for a minimum lot zize of 2 acres 3inc;e Ordinance No. 112 in 1974 at which time: the two lots ere held in common ownership by Alden I.. Anderson aAn-A ,ielen i•1. Anderson and which lots combined met the requirements of this zoning density. 9) Denial of `h subject variances would not constitu*P a taking of property or loss of ,ubstantial value be::ause Tract C has always had value and been used as required area and yard space for the residence on Tract E. 10) Section 31.203 of the zoning code provides for detveloptrenL �)f lots of r•�cord of greater than or,:-� acre held ' n separate ownership since prior to the eff�'�ti�.�e gate of the zoning rr,-g.:lations. Tracts C: and t) do not conform to this section ueCaLse tttey were in connrn ownership with Tracts E an(i F since 1974 to the present.. li) 'rhe City Cjuncil has always required that when two or more lots are 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 louts -)wned in common must be combined so that the resulting combined Pit meets 1-he requirements of the Zonin3 Code before the lots can be l:ui'_t City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 12) Tile granting of such a variance would require amending the many sections of the Comprehensive Plan that cjovern the rural development of the City. The City of Orono ha6 been consistent in requiring a minimum of two acres for a buildable lot in the rural areas cf the City .where there is no sewer service. 13) The granting of such a variance would require the. rezoning o: the property to an urban lot size in add'tior, to requiring the extension of City services to the property to maintain a suitable level of fire protection. 14) The assessed fair market value of combined '7racts C and D Fr•)m 1969 to 1982 show it assessed as an incrc';antal value whan compared to the assessed fair inarket value of combined Tracts E and F over the samt, period of time. 15) Tt:ct granting of the required variances :could r,�tsult in tt►? following violations of Section 32.340 r:: the Zoning Code with which the applicant must firs:. cor•. Jy be.'_ere the required variances can be granted: a) The variances would have an adverse eff^ct Upon ,:he health, safety and welfare of the corr.-.unity for the reasons outlined herein. b) The safety and welfare of the community would b-.: adversely if.-ected for the reasons outlined herein, espe:ially i:creased traffic and drainage problems. c) The amo-ant of light and air in the neigi:borhocd would be diminished by adding a _tructare on the substandard lot. d) The values of surrounding properties will be ad-ersely atf•acted. e) 'There are no special conditions applyin,, to the land in question which are peculiar to the: land or immediately adjoining property. f) The conditirin of having a substandard lot or two .adacent substandard lots held in common applies generally in the lakeshrre resideictial districts. y) 'Tho granting of the application is not necessary for the preservation and enjoyment of a :substantial {property right of the applicant. h) The Granting of the variances will impair the E,calth, :­�af.ety, comfort ._!nd be contrary '.o the intent o. the Zoninq Code and C'o�nr.,relu�t�s1.'e ('lr.n. as to City of ORONO RESOLUTION OF THE CITY COUNCIL NO. The granting of the vaziances will serve mainly a convenience to the applicant, and is not necessary alleviate demonstrable hardship or difficulty. 16) The applicant has not introduced any evidence contrary to any of the above findings of fact. The applicant has claimed only that combined Tracts C and D woLld be of greater value to him if he could sell it to a third party with the variances necessary to build a home upon it. 17) The granting of such a variance would require the extension of City water and sewer to maintain the standards setforth in the Orono Zoning Code and Comprehensive Plan for an urban sized lot. 18) In granting such a variance, Council would abandon a longstanding, consistent policy in consideration of the buildability of substandard lots under common ownership and thereby establish an adverse precedent. 19) In order to put everyone on notice that the above referenced substandard lots in common ownership n..ust remain under ::ommon ownership to maintain the existing house as a conforming use, Council hereby directs the City staff to file such notice against the properties legally described as Tracts C, D, E, and F, R.L.S. 96. Adopted by this Cite Council of the City of Orono, Minnesota on the _ —_ day of 1981. William II. Van test, tAior Al TEST: Alberta M. Strom, City Clerk _y___ TO: Orono Council Members i :juhc% hitETING FROM: Michael P. Ga.ffron, Assistant Zoninq Administrator DATE: March 5, 1986 * 10 1986, SUBJ: #1006 Dale & Chris Palm, 1710 Shadywood Road - LITY OF ORONO Variance - Resolution Zoning District - LR-1C 1/2 Acre Application - Requesting hardcover variances to construct home addition and attached garage. Existing Hardcover, 0-75'= 17.5% Proposed Hardcover, 0-75'= 18.2% after specific removals Existing Hardcover, 75-250'= 27.3% Proposed Hardcover, 75-250'= 26.8% after addiLiors and removals List of Exhibits - Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Preliminary Site Plan Exhibit E - Final Proposed Site Plan C.. trLtb►T7c" Exhibit F - Rhode Letter Exhibit. G - Planning Commission Minutes 2/18/86 Exhibit H - Notice to Applicant 2/19/86 The applicants recently purchased the home at 1710 Shadywood and propose to construct some additional rooms and an attached garage, both requiring hardcover variances. Henry Lindner, Builder, is acting as agent for the Palms. The original request before the Planning Commission was somewhat open to suggestion, as the applicants realized that in adding hardcover they would be asked to remove specific items. In reviewing the site plan, Planning Commission felt comfortable in granting the 10' addition to the north side of the house (see Exhibit E) in exchange for removal of existing hardcover in the 0-75' zone at 3 specific doorway locations, resulting in a 0-75' increase from 11.50 s.f. to 1200 s.f. (or from 17.5% to 18.2%). Planning Commission also looked favorablv on removal of the existing detached garage and slab, which extends over into the Rhode lot, and construction o1 an attached garage and driveway, with total 75-250, hardcover not to exceed 30% where 27.3% exists now, with the final proposed layout to be submitted before taking the application to Cour7il. The applicant actually has submitted a proposal which decreases the 75-1-50' hardcover to 26.8%, which in effect means there is virtually no increase or decrease from the pre-existing ova hardcover on the lot. Staff would question the fact that no backup apron is proposed, and recommends that a backup apron be provided for safety purpose.-, and would add about 225 s.f. if dimensioned ]5'x15', adding 2.2%, yielding 29% in the 75-250' zGr.(-. Zoning File #1006 March 5, 1986 Page 2 of 2 Please review the applicants submittals and survey. Both neighboring houses are at least 2' closer to the lakeshore (not shown on survey) than the applicants house, so no average setback variance is required. The proposal meets side setback requirements. The attached drafted resolution incorporates the addition of a 151xl5' backup apron. Staff recommends approval per the attached resolution. CITY OF ORONO - VARIANCE APPLICATION Initial ?`nplicat" n Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original appl cation) After -the -Fact Fees (no-1ble application fee) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PROPERTY LOCATION Sit,, Address _ / 7/ (� �f1 `� �� Prt, rty Identification Number (P.I.D. Please check one -- Is the property abstract or torrens? Please attach legal description to application ' f not included on required survey. --------------------------- I ------------------------------------------------ APPLICANT /i i Name 1 � Phone _7'_ Mailing Address ; e— OwNBR /! o �^� L A le r /' 'Ile "7 -- .� Tell -� `—. Name C��. r' '' i��4r %>> Phone 4,/ 7 / - G S' 5/ Mailing Address / i a iv e • o/ Date Property Acquiredr�T�. !Z /t P -(month/year) I (do) (do not) also own the adjacent parcels of land. --------17a-_------ ------------- "--WO---4.- - _ _ _ ----------- P UMM 013E or PROPERTY - JL Present Zoning District. Present Use of Property Residential Other (specify) ---------------- ..-------._------------------------------------------------- OE13CRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - VARIANCES REQUIRED Lot Arva Lot Width 1'� dardcover Setback Variances ( _ Front Side Pear) Other (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulatioJ ' 24 c.�� a�� d 7 / + 7� 7�s. c r i e i I ,,o .7c r' Ir CP i.,, -j %e .4,_. 117"Pr-� �7'c—T—rrp- sa-�=/fir:"!'�`�''�CY—7'TE��3► j — DESCRIPTION OF UNUSUAI `ROPERTY CONDITIONS ��" `� f 4 / . /f p , Describe unusual property conditions preventing compliance with Zoning Cod Requi rements Aec f,'o,. �,1- / o k'r F L, .7 r, •1 Cc^/� c i7� 3��� v. --------------_---.-------------------------------------------- REWIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this lis from Hennepin County Department of Finance A-603Government Center 348-3271 3. : _amped, legal sized envelopes (#10) pre -addressed to each of the names on the :above list with no return address. . Certificate of survey including hardcover 'ations as required. 5. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been inclue-d . ---- ---------------------------------------------------------------- APPLI SIGNATURE The app. nereby agrees to provide all information required or requested by the Zc i, inistrator, agrees to pay all fees and/or unusual expenses incurred in review _ this application, and certifies that the information supplied +p and correct to the best of his/her knowledge. Applicant's -ignature �, Date � y----•-.----- . � :..�-r:�--�'�.s, --. �.c', �.t - OWNERS SIGNATURE The owner hereby acknowledges and agrees to authorizes reasonable entry onto the property agents, comm;,sior -embers, and Coun members and verification this•7e I est. 1 Owner's signature '/ ',�+ this application and further by City staff, consultants, for purposes of investigation Date Applicant must have all submittals into-., the City officer-?5 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. +40. t9 1 NORTbi,, SHORE E 4 (54) MAPLEGATE INL 5 r RUN DATE 3I/17ir5y BA. i 008 38 17-117-23 21 000Z PROP ADDR OWNER NAME J A K STRAMFE TAXPAYER ARTHUR i t'DP.OTHY f iNiCEL'.TEIN NAME/ADDR 1740 SHAD'cWD00 ROAD ORONO MN 55391 38 17-11 23 21 0015 P40P ADDR 01670 :.rAD rA-- OD PD 014ER NAME THJMAS R SAREHOA ETAL TAXPAYER THOMAS R C4RV?A �. NAME/ADCR 1670 SHADYWOC. ROAD WAYZATA hN 55391 3 17-'tT-23 21 OOiB PPOP AL'DR 01710 `+AD !WOOD PD OL NEP NAME NA;1RY YER ETAL TA''PAYER OALQ a -M NAME/ADDR 171 ' .101d RD WA) A 'tl 55391 r PROP AD,'R r, OWNER NAME TAXPAYER TOTAL BATCH NAME/ADDR HENNEPIN COtJN JPERTY INFORMATION SYSTEM P& _RTY OWNEPS LISP 38 17-117-23 21 0304 01675 SHADYWCM RD RICHARD 0 NVRUM L WIFE PICHaRD NORtRP 1675 CHADYWOOD ROAD "YZATA MN SS391 38 17-117-23 21 0016 OI680 SHADYwon RO JOHN G DOLEMAN FTAL JOHN G DOLEMAN 1680 SHADYWOOD PJAD WAYLAT4 MN 551191 38 17-117-- 19 01720 SH. A J KEENE WILLIAM H A KEE,iE 172E SHAOYWDIL ORONO MN 55"91 Qi., ' NO. PI4354!% 38 17-117-23 21 OCS 01719 FAGUKESS POItrr P�', WARD F WELCM A WIFF WARD F WELr4 52 f1TLL SPRING LA STANr ORZ; CT 6113 38 17-117-23 21 f.717 016" S4ADYWOCD ?O JAL-K F PHUE JACK F RNOOE 3155 flORTH SV''RE L' WAYZATA NN 55391 38 17-117-21 21 CO20 01740 £WAOYWD00 RD J A K STRAMPL A9T14UP+ 4 ErOROTHY F INI E LST E IN 1740 SHADYWOOD ROAD UP0110 K-4 S5391 oca 03uc•. 6 " i I CERIT- TAT THE ,ACTS REPRE-E :TED ARE AN A. REPRES017-TIDN OF INFORM-TION 4PPfAR3 TH M IlC"gtO4 OF THE HENNEPIN CM.N DEPART: r1ROPERTY T.L r: 'WISE bF2T CF MY KNOLI.ECGE NA7 B;:LIEF. 4 /dY c CD < CD 0 3 M LNDNER MAXIMUM 5-14- 03tod Q 339 313, cort A f it at 0, Vey for - r� 1 - It 1, .14b :a lots I t I" I I thwl, b—i ON 1 0 0 6 *W.51 1720 1 hereby certify Nat this is a trv-_ and rlp:-Fentatlon of a x,r-, , the brund 4r&"cf that part of tol 11 lyini-N.-At-rly of following Jcscribed line: Begjnnjj,a at th^ corner of the .jt^. 74 'pat Cf aa:d Let; than -me. South 87 o0greas 27 m;nu!e& Last .h�re f Crystal Bav Lake Kinietonka. �� d that rs&rt a' Lot 12, Iving Xevrt`,—, of a line drawn paralia; rith and d4. %nt 71.2 feet Rorttw measured at right atta," from the Southerly lire . f Lot 11. all, - -"I � &J�A an a"- 1t;on to the C,.Rty of Hnnndvin in 11w, -,"wrvship f In aco---g lo the official plat thereof on �1 of ("cord in he efface the JkegiA*,-x of Coeds in end for said :'punt-:f Norm"(.n. T.�. lorat t on c-f a 11 bu%'.d I ngs, if any, thor—n. it does not purport tn rt— -ty other imprtnlfxaentx rl- encroachowrito -Nlte: .bearings shown are sht•im on the r_at �f "Shady 1, rcF111v a GRIARBERQ. i0c. and 'm Northerly line of the above described r.-operty assumed to tx. described in relation to said ;'-Ia! bearin,,.. Scale: I inch . 20 feet M&A S, Gr7nberg Lie- ftti.. 12755 :at* january 13, 7966 7,Ll-don R. ;' ffin Lic. No. 64" o Denotor iron smmrker japeors, wA :surveyors, Planners :q Wki,->, 11 eta fl'> 00- 2--fe 7f ti 7r AA" 104,C rN r e- o spft -d;MV-W N. r L Ll (A A 0 r ro erc G. *�O 4 (I J-1 /;19- hEmw Of.40 gq A'AcAg.-oodf' AV1,( &,Mod z 7 7. ftdrd4oy rest cvrrt,;A representation of a survey of the boxmdariasof that part of Lot 11 lying Scut the Southwest corner of the North 14 feet of said Lot; thence Scuth 67 degrees 27 "InL 'L Z nd that part of Lot 12. lying Northerly of a line dramm parallel with and d.sUmt 71.2 erly line of Lot 13s all in Shadywood, an , Aiticm co th, County of Hennepin in the TOU -Z -n file and of reco-A :.n the office of the Register of Doe" in and for said County ;Z thereon. It does not p.--port to show ai.y other improvemets or encroachments. yC plat of "short' rood' COFFIN & G.-C%BERG, INC. 11 #/",2. U.:jCAD vF%P t- qa V CA-, r n i I ; - *t- f C d % - ( 7 /O R: eA. -e-7 en -0 kmts E' . r. !; 0 18© von .1. s C< ( 1 �O P)CO / - r r ? �-rrr�.,T- s*zns• ,.,�.,,.�., a � s :�. /�V�'„2 Po'n�,n�o-�. �v�sior� :.4A,-,. *,-o -c- 3 3 . io P.o�es�fl / ;a/ /,UVV. D . / a :.") s�, -.s=--,Cl. Cl)/.. Apdicd MananE mE nl SCiEnCE Inc T"WO IDS TOWER Minntapoli! Minn( rota 55L402 (612)338-05- 01 • Planning C:orrr dssio. CITY OF OWNO P. O. Box 66 Crystal Bay, MN 55323 February 12, 1986 In response to the enclosed notice concerning variances on the property located at 1710 Shadywood Road which abuts my property to the north, I have the following oonments to nW}e. I certainly have no qualms about property inprovement, but ' would strongly urge you not to alla•j an, additional structure or hard- cover within 75 feet of the lakeshore, because I think that house, like mine at 1690 Shadywood Road, is already infringing in that 75 foot protected area. Likewise, bci;ause the lots in that general area, including theirs and mine, are relatively narrow lots, I would also urge you not to deviate from the 10 foot side yard setbacks for either structure or hardcover. While I can't give exact measurerm_nts at this tine, I suspect both structures are pretty close to the 10 foot side yard 1 u;L t on the property line al rn ady . Siulce these lots in this area are already pretty small in terms of square footage, I think you ought to look pretty hard at any request for additional hardcover oilier than reasonable additions to the house itself on the west side. In otlu-,r words, any request for additional dri x-way, parking space, additional garage space, etc. should be deni(A because it will infringe on what I suspect is hard- cover that already exceeds the perriissible arnunt. I certainly don't mean to pose a probim, for cry neighbor in his attcTnpts to inprove his property, but ai Uie other hand, if lie wants to do it he should do it wit-iin the existing rules of the game for 1&:eshore property. I'd also appreciate it if he would keep his dogs in his own yard. That, more than anything else since they have moved in, would pose a real probi(n for the family who will eventually buy my pi-cpert- at 1.690 Shadywood 'toad. it might be a good idea to be sure he's aware of what the Leash law is for that area also. sincerely, ,.,- ` ' ' Are Jac F. 1� ✓oc: Jeanne A. Mabusth Enclosure: Notice conc-ruing variances McDonald agreed with Chairman Kelley. Taylor stated he would be willing to consider a proposal for construction of a new house under one of two conditions I)if the adjacent property cannot be purchased, consider a structure no larger than the or.2 thats been there 2)if the ad;ncent property to the west can be purchased, consider a proposal similar to the one in concept presented at the December meeting. McDonald stated that someone should be fined for not complying with the resolution ordering removal of the foundation. It was moved by Goetten, seconded by McDonald, to table this application until acquisition of property is secured. Motion, Ayes 5, Nays 0. #1005 NED INC. 1390 FRENCH CREEK DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 10:02 - 10:15 Ned Dayton was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit to excavate a pond. He noted the City Engineer Cook has reviewed it and feels that the proposed grading may have little effect on the algae problem but wi 1 1 provide a suitable duck nesting area. Cook recommends a timbet baffle structure be instal red to eliminate f loating debris from moving downstream and placement of :.gilt fence at the outlet during construction. McDonald stated she has concerns with the distubance of land involving approximately 230 truckloads of sediments and nutrients. There were no comments from the public reaardi.ng this matter and the public hearing was closed. C C RYS i DALE DYWOOD ROAD VARIANCE It was moved by Goetten, recrmmend approval of the to recom-nendations by permits required by the Ayes 5, Nays 0. PALM seconded by Chairman Kelley, to Conditional Use Permit subject the Engineer and subject to haterst~ed District. Motion, PU B I. I C HM'1 I NG 10 : 1 5 - 10 : 4 3 Assistant Zoning Administrator Gaffron submitted a letter from Jack F. Rhode, 1690 Shadywood Rd., i n.licat inq his feelings and stiggestions reg.� rdiny any 7 development being done at 1710 Shadywood Rd. Assistant 'Zoning Administrator Gaffron explained the request for a hardcover variance to construct an addition and attached garage. (28 increase in 0-751; 68 increase in 75-250' ). Chris Palm was present for this matter along with their agent Henry D. Lindner. Mr. Lindner stated that they were open to suggestions and their main concern was to be able to bring a 1940's house to a livable size & condition. Assistant Zoning Administrator Gaffron noted that there was no average setback problem. Planning Commission would like applicant to submit a final plan eliminating some of the concrete, and reducing the amount of proposed hardcover- in the 0-75'. Planning Commission reviewed the possibilities and suggested removal of some portions of hardcover. There were no comments from the public regarding this matter and the public: hearing was closed. It was moved by Chairman Kelley, seconded by Goetten, to recommend approval: variance to allow 0-75' hardcover addition subject to removal of 0-75' existing structures to the north & east `A, B, & C ); and variance to allow maximum of 30% (3,078 s.f.) hardcover in the 75- 250'zone- — bje-+- to a final proposed site plan being submitte," fore the Council meeting for review. Motion, Ayts 5, Nays 0. #1009 WILLIAM M. MBAR 2160 MAYZATA BLVD. VAJtIAMCE Bill wear was present fc- this matter. Zoning Administrator Mabusth submitted a final sketch of the prop- . sign. It was moved by Chairman Kelley, second"d by Goetten, to reco.vnend approval of a variance to the moritorium for the property located within the Hwy. 12 corridor. Motion, Ayes. 5, Nays 0. FIN&L REVI : OF ZONING AMIMDMBMT - ORIGINAI. PUBA._C HBARIMG HELD AUGUST 19, 1985 It was moved by Rovegno, seconded by McDonald, to table this matter at this time and schedule a special meetinq elate of Thursday, February 27, 1986, at 7:00 PM, at the Council Chambers to review this matter. Motion, Ayes 5, 8 ZONING FILE NO 1006 CITY OF ORONO NOTICE OF PLANNING )MMISS ON ACTION P.G. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 2/19/86 ----------------------------------------------------------------- TO: Dale & Chris Palm COPIES TO: Henry Dean Lindner 1710 Shadywood Road 111 Marquette Avenue South Wayzata, MN 55391 Suite 3104 Minneapolis, MN 55401 --------------------------------------------- -------------------- TYPE OF APPLICATION: XX Variance ----------------------------------------------------------------- DATE OF MEETING: 2/.18/86 VOTE: 5 For 0 Against Planning Cos ission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Planning Commissior: •-ecommended approval of variances to allow 0-75' hardcover adore --on subject Lo remcval of existing 0- 75' hardcover items designated "A", "B �n . "r"' on the attached sheet (resulting in a net increase of appi-c)ximate 1y 50 squart• feet in the 0-75' zone, or an additional 0.7% for a 0-75' total of 18.2%); and recommended approval of a variance to allow a maxi,num of 30% hardcover in the 'i 5-250' setback zone, or a maximum of 3,078 square feet in the 75-250' zone. 2. A f nal drawing of the proposed site plan sho�.ing how these limitations will be met must be submitted at. least 10 days Zrior to the City Council meeting at-:►:ich the application will be presented for Council review and approval (see below). -------------------------------- -------------------------------- Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the March 1.0i.h meeting is February 28th or March 14th for the March 24th meeting. If you desire certified copies of the official Council m.irutes, they ire available from the City Recorder or City Clerk after review and approval by the City Council. i ORONO kESOL-., _ OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND SECTION 10.22, SUBDIVISIONS 1 and 2 FILE #1006 WHEREAS, Dale & Chris Palm (hereinafter "the applicants") are the owners of the property located at 1710 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: That pa,.t of Lot 11 lying Southerly of the following describeu line: Beginning at the Southwest corner of the North 14 feet of said Lot; thence South 87 degrees 27 minutes East to the shore of Crystal Bay Lake Minnetonka; and that part of Lot 12, lying Northerly of a line drawn parallel with and distant 71.2 feet Northerly, measured at right angles from the Southerly line of Lot 13, all in Shadywood, and addition to the County of Hennepin in the Township of Orono. WHEREAS, the applicants have applied to the City for a variance to Municipal 71ning Code Sections 10.55, Subdivision 8 and Section 10.22, Subdivisions 1 and 2 to permit the nstruction of an addition and attached garage which Will constitute additional structure and excessive hardcover in the 0-75 lakeshore setback zone where structures and hardcover are not normally allowed, and which will increase hardcover in the 75-250' lakeshore setback zone to more than the 25% normally allowed. NOW, THEREFORE, BE IT ,.VED by the City Council of Orono, Mir:�esotr� . FINDINGS 1. This application was reviewed as Zoning File #1006. 2. The pro; y is located in the T,R-lC Single Family Lakeshore Residential zoning District. 3. The Orono Planning Commission reviewed this application on February 18, 1986, and recommended approval of the proposed variances based upon the following findings: rage 1 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. A) The property is 's,840 square feet in area or 0.39 ref. nas an average Ldth of approximately 1)0 fret, and ontal-:s an existing house which extends approximately 20 feet into the 75' lakeshore setback zone, and contains on existing detached garage and concrete ,pion which encroach into the minimum required side and street setbacks. B) The applicant proposes to remove certain items of existing hardcover in the 0-75' lakeshore setback area so that teje net increase in 0-75' hardcover is 50 square feet or 0.- %. C) The attached garage and necessary dri aeway and backup apron can be constructed such that hardcover will not exceed 30% in the 7'1-250' setback 7(ine. D) The existing non -conforming garage will L,.- removed and the proposed attached garage will meet the required street and side lot line setbacks. 4. The applicant rias proposed a driveway configuration that will allow a net: decrease of 0.5% harc ;er in the 75-250' zone, but does net allow for 3 backuc: aprr 'he Council finds that for safety purposes, a backup apron; .(-);Ild be provided to avoid forcing vehicles to t.:ack onto aunty Road 19. 5. The City Council has considered this application including the findings and recommendations of tLe P?annir.g Comm ss;on, repor`s by City staff, comm.�nts by the applica:t anf., the effect of the proposed variance on tt.e health, betety and welfar. ,s the community. 6. The City Counci 1 f inds 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 woul:i not adversely aff<..t triffic conditi )ns, li.yht, air nor rose a fire hazard or other dar'-er to ne.ighborir,g property; woi:ld not werely serve, as a convenie ce to the applicant, but. is necessary to a'le. late a demonstinble hardship or difficulty; is necessary to preserve a-uhstantial property right of the applicant; rrd would be ire keeping with she spirit F.-to itent. of t.l:e Zoninq Code and Comprehensive !'Ian of the City. Page 2 of 4 City of OR ONO { RESOLUTION OF THE CITY COUNCIL NO. "INCLUSIONS, ORDER AND CONDITIONS Based upon the above r dings, the Orono City Council hereby grants a variance to the ML.; :ioal ?.oning Code Sections 10.55. Subdivision an-' -'2, Suulivisions 1 and 2 to rcrmit t,.e construction of ar on and attached garage which will cor- itute additiina1 strL..t the 0-75' lakeshore setback zont here structure is normal- t r� 11oved. and will increase 0-75' hardcover from the existing 17. . Lip to 1 2%. an3 which will increase the hardcover in the 75-250' setbac.x zone from the existing 27.3% to 29.0%, subiect to the following conditions: 1. The applicant shall remove hardcover, :.terns A, I:, and C 'per Exhibit A attached) in the 0-75' lakeshore setback zone, and shall remove the existing si-lewalks, concrete driveway apro. ,nd garage as shown on E:chibit A, prior to final inspf-ction of t.,e additions. 2. Hardcove.- in the 0-75' lakeshore L ',3ck area sh._ not exceed :21C square feet (16.2%). Hare -cover in the I_.-2--,0' setback area shall not exceed 2,980 square feet *29.01). Applicant is. advised `:.t future proposed hardcover additions will l i l.e ly be apr. -ved onl i th concurrent rc-^^va l of equivalent amount.E of F::sting . cover. 3. Autl•)rities gran*.ed by this variance run with the Property not w ,n the appli---t, but are permissive only and ust be exercised by appl icy ?n for a :-)ui 1 ". rig permit w .thin one year of the date of ouncii )rr al, 7,r this varianc � wi I 1 .,pire on that date (:March A, i9" 4. ' "olation of or ri�n-compl4ance with any o;' r.i.? terms �ir,d conditions of t.1 :., vaariance shall consti .ute a violation of the zoning code, shall auto-atica l l y termi nat - any au-` oZ ity granted herein, and siaa_A be -1nle as a miadcmeanor. 5. The undersigned applicant has read, understood end hereby ag-eef to the tei 3 of this resolution and on r)ehalf of 7.imself, his heirs, successors and assigns, hereby agt._•1-s •..o tie recordir- of this resolution in the chain of title of the prc - Y. AdoYr_ed by the OrL u City Cc -ci 1 on thi- 10tri aay of March, 1 ?86 . ATTEST: Dorothy M. Hal l in, City Clerk Mary C. t.— er , Mayer rr,-nerty Owner Pr.ge 3 . 4 i � � � �C�bc: �-�-�r.n� k� gy �,,,uN,•�r . i:' ,nerofA;ld r��/'�`f, PdraU'1,�O 't ,, �- _ _ _d �-.3 •— �.> del _.c.�c��t,,�s d 7 1 950 I Eosf - N `50&h lane of La) 13 � i correct representation of a survey of the bcundarits o2 flat part of Lot 11 lying Sout the Southwest C � -• __ corner of the North 14 feet of :aid Lot; thence South 87 degrees 27 mina ::d that Part of Lot 12, lying Northerly of a line drawn parallel with and distant 71.2 = z ^rl}• line of Lot 13, all in Shadywood, an addition to the County of Hennc,,.n in the Tow = r ^n file and of record in the office of the Register of Dreds in and for said County of i thereon. It does not purport to shoti. arty other improvements or encroachments. — `- plat of "Shady Wood" COFFIN 6 GRONDERG, INC. ' i h...i tsrMlaxt�t i n City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this _ day of _ 1986 before me a Notary Public wits .. 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 PUBT,IC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1986, before me a Notary Public within and foi 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 EXPI.RF.S Page 4 of 4 n To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator 44 101986 Date: March 4, 1986 OF ORQ" Subject: #1007 Robert & Carol Trapp, 4701 West Branch Road - Preliminary Subdivision NOTE. Request is for renewal of preliminary plat approval granted 6/2/80, application #538. Zoning District - RR-1B, 2 acre unsewered Application - 2 Lot Plat Total Acreage - 11.15 Acres (10.81 acr-s ::_as toad) Lot 1 - 5.45 acres total (1.26 acres wetland, 1.27 acres dry near road, 2.92 acres dry contiguous with house) Lot 2 - 5.36 acres total (all dry) List of Exhibits Exhibit A - Application Exhibit 2 - Plat Map Exhibit C - Property Owners List Exhibit D - Proposed Plat Exhibit E - Staff Sketch Exhibit F - Council Preliminary Approval of 6/2/80 Exhibit G - Glenn Cook's Letter of 7/24/80 Exhibit H - MCWD's Letter of 6/18/80 Exhibit I - Hennepin County Department of Transportation's Letter of 2/26/80 Exhibit J - Conceptual Road Schematic (By Staff) Exhibit K - Planning Commission Minutes 2/1.8/86 Exhibit I. - Notice to Applicant 2/21/86 This proposed subdivision was granted preliminary approval in 1980 but was never completed. The applicant is requesting preliminary approval based on the previous information on file. This is a 2 lot plat. Lot 1 contains the existing ies.idence and barn, and includes a wetland which discharges eastward through a culvert under the existing driveway. Note that the driveway is proposed to be included as part of Lot 2 and will he shared by hots 1 and 2. This is an existing driveway entrance and the County Highway Department has noted no problem with it at a 2-unit level of use. City Engineer, Glenn Cook, reviewed the existing 48" culvert in 1990 and found it to be adequate for continued use. Zoning File #1007 March 4, 1986 Page 2 of 3 The existing house on Lot 1 meats all required setbacks. The barn, which is used for horses, is proposed to be located 70' from the new eastern boundary of Lot 1 based on the existing fence location in that area, also noting that the barn is 130' from the original side lot line. This would require a variance of 80' to the 150' standard for horse barns. Because any buyer of Lot 2 will be aware of the horse barn location, staff recommends approval and formal recognition of this variance. From a future planning standpoint, there are two areas of proposed Lot 2 for which the City will require either a road and utilities easement or dedication. During the initial review in 1980, it was determined that a corridor along the east boundary of this division, to connect with undeveloped Highview Lane to the south, would not be a good location for a through road due to 1) poor sight distance at the driveway entrance to West Branch Road; and 2) too close to County Road 19. The better possibilities are to extend Garden Lane or Highview Lane northward further east, and/or continue Highview Lane back to the south through the "Valek" property. However, with the potential that the existing driveway will serve a third house, namely for the adjacent Lot 2 of "West Branch Hill", we will require that a road and utilities easement 25' wide be granted over the 25' wide portion of Trapp's Lot 2. Coupled with an existing 25' R & I easement over the west 25' of West Branch Hill, a 50' corridor would exist in which to upgrade the driveway to serve the 3 properties at some point. in the future. We also will require a 30' road dedication over the south 30' of Lot 2 for future Highview Lane purposes. A condition of any future subdivision of the southerly lot would likely require access onto Highview Lane for any abutting lots, if. Highview Lane is developed at some future date. Note that the 40' to be dedicated for West Branch Road meets with all City and County requirements. The proposed lots are unsewered and have been rested for primary and alternate drainfield sites. Proposed Lot 2 has suitable sites for a shallow trench drainfield on the primary site, and a mound system at the alternate site. Proposed I.ot 1, with the existing house, has a suitable site for a future mound system. Note that the existing house had a new trench -type drainfield system instal led in 1984, and it is functioning correctly. With the exception of the horse barn location, the proposed sub- division meets all City requirements for a 2-lot rural plat; a.d could be developed for single family residential use without variances. Planning Commission at their February 18, 1986 meeting recommended preliminary plat approval per the following conditions: I. Flowage and Conservation Easement to be granted over the wetlands. Zoning File #1007 March 4, 1986 Page 3 of 3 2. Variance for animal barn of 80' from Lot 2 property line - hard- ships: a) location of existing fencing along east -west property line b) animal 'barn was located 130' from existing east property line. 3. Dedication of right-of-way for West Branch Road of 40'; dedication of future right-of-way for Highview Lane of 30' along the south property line (not shown on preliminary plat); granting of a road and utilities easement over the portion of Lot 2 that is 25' wide. 4. Lot 2 to grant access easement to Lot 1 over existing driveway. This shall remain as a shared driveway access. 5. Park Dedication Fee for Lot 2 of $100. Staff recommends preliminary plat approval per the above noted conditions. .j j, br'y'u°.f date r(,c'd b r `A - f fee rec'd 1, )"" CITY OF ORONO il; rc { L SUBDIVISION APPLICATION FORM Wilk) iF 3:1`,(_ APPLICANT Name IfO13 i V YUt ,f'4F10Telephone r Mailing �1 ` Address F. cl. ricl} PROPERTY "Jame !`i��4 �T �� ditV,)L Tr.e I e p h o n e 1V"Id - 39e.-7 OWNERS Mailing n n �TII Address / , 0 , 1-qc`)i �/'� /,(- 0 I n rt < <� _36 (Attach Tilt of more t an one) ��-� - PROPERTY LOCATION Street Address 117P/ �. ejc9,1(� t�j�• //� nC�• /��ti 53 �b Legal Description (PID) ()—? - EXISTIFG LAND USE V'e �� -atw %sI Number of Tax Parcels Development Size . P;'� Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check) �— Residential; no. of units / Other (specify) Present Zoning Dist. PROPOSAL lot line rearrannement only (no new building sites) _ L subdivision for new building sites number of building sites: �— existing units new units total units proposed gross density L- units per+acres minimum lot size: j.as^^. .a. L,square feet dry buildable land proposed use: (check) _Y_ residential __ other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Pianninq Commission mee-inq) 1. Application completed 2. Preliminary Plat information on a . err i f 1, ;%te of survey 1. Certtfie! 'roperty Owner's list of owners wi.hin 350' - from Hennepin Co. Dtpt, of Finance A-603 Govern- ment Center a. Jtaa:,.•.d, 614-d pre -addressed to each of the names on the above list. Application fee per current fee schedule: - sketch plan only $100.00 _ 2 lot prelim. plat $250.00 _ .2+ lot prelim. plat 5240.00 (sket-h plan included)+$20;'lot Addit: nn1 improvement review fees per tam .. schedule$ ...� APPLICA'11%S SIGNATur-_*y � ATE _ I� ..-_ OWNERS SIGNATJRP Applicant hereby agrees to provide all information required air requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all Ad-litional fees establishers by ordinance. 1 1 IJ. S.Wd SNk Iarl #1007 ✓I �1hr) (gat) t 1 / C�\ � �l 4 • �Jf �1K°j iAl�• f •• Sf 1fNJ. �df.• II�' +II. i BRA N C.{ HILL a 64�0 4b. RUN DATE 01/10.'86 BATCH O04 38 06-117-23 33 0002 PROP ADDR 04760 WEST BRANCH RD OIINER NAME R A 0 WAAG TAXPAYER ROBERT S WAAG NAME/ADDR 4760 W BRANCH RD ORONO MN 553�4 38 06-117-23 33 0008 PROP AD2R 04640 WEST ERANCH RD WNER N;.riE J A G TRAUL TAXPAYER JG.`iN E TRAUL NAMEZADOR 4640 W E.:ZANCH RD Y,CJtD MN 55364 38 07-117-23 :2 0005 P'C'� ADDR OC£40 NORTH SHORE DR W C::l:ER N;ME ChARLES A CLArK TAXPAYER CHARLES A CLARK !::"E/ADDR 840 NORTH S1iORE OR W r.ouZ) r14 55364 33 07-117-23 22 0009 FPCP AODR O:aiER NAME E CHRISTENSEN A S CHRISTENSEN TAXPAYER ERIC CHRISTENSEN NAl'E/AODR 6701 PE1x1 AVE S RIChFIELD MN 55423 38 07-117-23 23 0001 PROP ADDR C"AER NAME STLVEN F VALEK 'AXPAYER STEVEN VALEK NAME/ADDR BOX 386 SPRING PARK MN 55334 38 07-117-23 23 0022 PROP ADDR O::NFR NAME F J CARLE�N ETAL TAXPAYER EARL B NORWOOD NtAME/ADDR 1360 VINE PL HOUND MN 55364 HE.NNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P1415401 PROPERTY OWNERS LIST PAi,E ?0 38 06-117-23 33 0004 38 06-117-23 33 0006 04700 WEST BRANCH RD 046" WEST BRANCH PD JACK D A JUDY A KRAHL JOHN E BAKER JACK 0 KRAHL JOHN E BArp_P 4700 W BRANCH RD 4660 W BPAACH RD MOUND MH 553E-4 MOUND MN 55364 38 07-117-23 :2 0003 'G 07-117-23 22 0004 04701 WEST BRANCH PO 008:0 NORTH SHORE CR W C A R TRAPP M E SHAFFER A P L SHAFFER ROBERT L A CAROL L TRAPP HAPK A PAMELA SHAFFER 4701 W BRANCH RD 820 NO SHORE OR W CRONO MN 55364 O-OtD MN 55364 38 07-117-23 22 0007 38 07-117-23 22 0008 KARL SOLLNER ETAL K.APL SOLLNER ETAL KARL SOLLNER KARL !;OLLN£R 3714 rANOR RD 3714 MA/G7 RD CHEVY CHAT- MD 20815 CHEVY CHASE ►:D 20815 38 07-117-23 22 0010 38 07-117-23 22 0011 04665 WEST BRANCH RD T A C TURNER RICH,'.RD B HAWKIttSCN HAPK BARTIKOSKI f ICHARD 5 HAl.b:IN;ON 4665 WEST BRANCH RD 1515 COPCLkl) RD MOUND MN 55364 McPLE PLAIN 114 55359 38 07-117-23 23 0002 38 07-117-23 23 0021 01068 NORTH SHORE DR W D A K, V014 SAf4K F J CART°EN ETAL DUANE A KATHLEEN VON BANAL EARL B NOR.�30O 1070 NORTH SHOE OR 1360 VINE PL MOUNO Ml 55364 MOLM 111 55364 38 07-117-23 23 0023 38 7-117-23 23 002v 009£0 NORTH SkOPE DR W F J CAPLEEN ETAL PAUL A ALMA WA,N=P EARL B NC"4WOOO PAUL A ALVA WARN[P 1360 VINE PL 9C+ N SHORE OR :« MOUND hN 55364 MOLM t34 55364 ..v...J HIV. iJl +� 4 ` I � V O � 0 yo, ' 4j00 /00 ti '' loCb', 4 -cool — ---- U O m 2 <r 7 Ng8 °o Y '/4 ,,W 0 /JOtAj c t ><eY�oifilc wts� g o� J Me NV`✓if4 O/ ffie° n'/y ��••� �_ os .t�icwn. Or/ Part [lounrforJ� Pf \ ' � 1,4P r1P l CO/nPi ot-0, �tt'* Is L L i7' ecKIL..j off? Pf- 588"M 14 E WEST BRANCH ROAD-.. if .6 xi' Icy lie' Ak, pi I LOT 2 HIGHV .,.Ake LAI REGULAR MELTING OF THE. ORONO CGUNCIL, JUNE 2, 1980 Page 6 Mayor Van Nest: The lakeshore cottage should be VARIA14CE removed now. I believe the ether two rental units 1856 Shadywood Roai could be left as out buildings. (Continued) Councilmember Paurus: I would want to see a phased plan to eliminate the rentals which could leave them as cut buildings and take the lakeshore cottage down. Mr. Pearson: The Planning Commission and residents in the area do approve our plan. Mayor Van Nest: Other peopl:'s property rights have to be protected. Leaving existing rental units dimin-shes property values. When was the water and sewer installed? Mr. Pearson: Water - 1972; sewer - 1965 Mayor Van Nest: We want to see that the property totally conforms to the existing codes. If the City does enter into an agreement, some variances might be granted, but we will not allow multi - housing to remain on one lot. Mr. Pearson: All structures are conforming. The use of land might be non -conforming. We are here now offering to improve the,: structures. Mayor Van Nest: Mr. Pearson, the structures are now non -conforming. 1 believe you and staff should review this applic.-ition. Paurus moved, Butler seconded, to table the variance request of Milton Seifert, ld56 Shadywood Road, for further review and to enter on the June, 30, 1980 agenda. Motioi, Ayers (4) - Nays (0). Jeanne Mabusth, Zoning Administrator, prepared a SUBDIVISION t memo concerning a preliminary subdivision. for 4701 West Brance FA William Moore, 4701 West Branch Road, dated May 28, 1538 a 1980, which states: William Moore Zoning District - RR-lB Subdivision - Two lot plat Area - 11.153 acres 5.452 cares (Lot 1) 5.361 acres (Lot 2) The Moores propose a two lot plat of their 11 acre homestead. The existing driveway will serve the newly created Lot 2. ( Ceti t i n ued ) REGULAR MEETING OF THE ORC'NO COUNCIL, JUNE 2, 1980 Page 7 Access - Lot 2 will access West. Branch Road via a 25 'corridor. "he existing driveway serving the Moore's residence (Lot 1) is located within I.ot 2's access corridor. Lot 2 will grant an access and utility easement in fa,,or or Lot 1. The Planning Commission was asked to consider a road easement to the sc:uth linking the Va?ek plat and creating a potential through road between To,ikaview Lane and West Branch Road. In reviewing such a proposa:, the County Highway Department has stated that the access iochtion of the Mooccs's driveway would never be acceptable as a through road approach. Planning Commission decided that a safer access would be further east on West Branch Road and that the proposed road would appear too close to County Road'19. The City will require dedication of right-of-way for West Branch Road Hig'^vlew Lana. SUBDIVISION 4701 West Branch (Continued) Septic Testing - ThL septic inspector reports no problem with locating suitable area for an on -site sept.Lc: sys-em (shallow trench for Lot 2). He will (2c.v require a complete site eAraluation report before he , can recommend final approval of the plat. Wetlants - There is approximately 1 to 1-1/2 acres of wetlands. The City will require a Conservation and F1oM-..•e Easement. Please review the Planning Commission minutes of May S, 1980, Morch 17 and February 19, 1980 for background discussion and recommendation. Staff reco:,ime►►ds approval of the preliminary plat of William !bore based on the following conditions: 1. Flowage and Conservation Easement over the wetlands. 2. Dedication on the plat of right of way for the following roads: a) 40' West Branch Road b) 30' Highview Lane 3. Variance - Setback of animal. barn Required: 150' Proposed: 70' Variance: _64 Hardship Findinqs: a) location of existing "animal" fencing along east/west property line (Continued) RF.GI. MEETING OF THE ORONO COUNCIL, JUNE 2, 1980 Page 8 b) animal barn was located 130' from existing east SUBDIVISION property line 4701 West Branch (Continued) 4. Park dedication fee for Lot 2 of $100.00 Council Meeting - June 2, 1980 Hurr moved, Butler seconder'. •o direct staff to prepare a resolution to it ae staff recom- mendations, as follows: 1. Flowage and Conservation Easement over the wetlands 2. Dedication on the plat of right of way for the following roads: a) 40' West Branch Road b) 30' Highview Lane 3. Variance - Setback of animal barn Required: 150' Proposed: 70' Variance 80' Noting change in variance under condition #3, proposed 70'; variance 80' Hardship findings: a) location of existing "animal" fencing along east/west property line b) animal barn was located 130' from existing east property line 4. Par!- dedication fee for Lot 2 of $100.00 5. Minnehaha Creek Watershed District approv-1 Qi culvert size 6. Resolution to address 2S' currid()r . Motion, Ayes (4) - Nays (0). Jeanne Mabusth, ning Administrator, prepared the VARIANCE following memo concerning a variance for Don Udell, 1210 Loma Linda Ave 1.210 Loma Linda Avenue, dated May 28, 1980, which #542 states: Don Udell The Wells propose construction of an attached 24' V 22' garage that will encroach 3' from the side r.no,thl property line. The building inspector has confirmed that because of topography and location of mature trees, this is the only feasil,le location to attach a garage. (Continued) f'Y�rcle�s� 8t fY 2333 It/. '1,....A 36 Si n.../ Af---& 55„3 PA. 6J2 - 636-4600 July 24, 1980 ..e City of Orono P.O. Box 66 Crystal Bay, Mn. 55323 Attn: Ms. Jeanne Mabusth 1�__ Re: File No. 139-538 Moore Sub -Division low. O tltrnn R. Cook, P.F. Krttk A. Gordon, P.r.. Ono t,. 8onr,trea. P.E. /bantas F. Noyet, P.E. Rabat 14' Roscoe. P.E. R" lard W. Fnnrr, P.E. lasrrk C. Andrdtk, P.£• Rnberr G. Sckantckb P.E. firadlord A. Lrtnbeq, P.E. biar to L. Sorwla, P.E. Rabat D, Frigaard. P.E. Donald C. 8nrwdr. P.E. Rickard V. Turner, P.F. )erq A. Bowdon !arms C'. Olson, P.E. Mark A. Hanson Steven M. Oatncey Kr,tn K. Wolka, P.E. CAarlrs A. Erickson 1.eo M. Pawe/sky Harlan M. Olson f Olson �`S3if Dear Ms. Mabusth: We have reviewed the driveway culvert at the Moore residence, 4701 W. Branch Rd., and find a 48" corrugated steel culvert in place. The exist- ing culvert provides adequate capacity for the normal rainfall but it is anticipated that the road will be inundated in the 100 year storm. We do not feel that this 1A a major problem and would recommend that the existing 48" culvert be left in place. Yours very truly, BONESTRROO, ROSENNE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:11 f - � ENE D �\C' o • MINNEHAHA CREEK IAKE MINNEIONNA WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 �. BOARD Of MANA Gl.RS bar.! H Lvcr,j:,. Pree • Albe) L Lthm.n • l.mn S RofHil . lohn E Thomas a Barh.n Gudm—dson June 18, 1980 Ms. Jeanne A. Mabusth Zoning Administrator City of Orono Box 66 Crystal Bay, MN 55323 CIV, of oaoso Re: #538 William Moore, 4701 West Branch Road - Subdivision #556 Richard Hawkinson, 4625 West Branch Road - Subdivision Dear Ms. Mabusth: Thank you for the opportunity to review the above referenced matter. As Engineers for the District, we review development proposals. However, it is not our policy to size culverts as requested by your letter. The developer is responsible for the proper sizing of all hydraulic structure: and with providing the District with calculations to substantiate the design. If you have any questions, please call me at 473-4224. Thank you for your cooperation. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Wayne A. Fretheim WAF:1f Enclosure DFPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 •.�,� HENNEf'IN 935 3381 ( 10- Ilk EG ',: ti 1980 Ms Jeanne Mabusth Zoning Administrator City of Orono CITY OF ORONO P. 0. Box 66 Crystal Bay, MN 55323 Dear Ms Mabusth: RE Proposed Plat - 'William Moore Plat" CSAH 151 Poprox. 400 ft. east CSAH 19 So. side CSAH 151 Section 7, Towns'iip 117, Range 23 Hennepin County Plat t•o 811 Review and 'ecorurendation� Minnesota Stat,.tes 505.0_ ind 505.03, Plats and Surveys, require County review of pro�),,ed plat. aL'Jutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: - The 1976 Hennepin County Transportation System Study (HCTSS) recommends future municipal jurisd=ction for the portion of CSAH 151 from CSAH 19 south intersection to CSAH 19 north intersection. - The existing 40 ft. of right of way is enough for any future Hennepin County upgrading of CSAH 151. The existing access point on the east property line fails by 130 +ft. to meet the 510 ft, minimum sight distance for 45 mph to the drivers right. Since this access exists it can remain open as a driveway but any upgrading to street standard,, will hp rienied by HPnnPnin County until the hill east of the access is cut down. A good street access is at the top of this hill. - Any new access onto a County road or revision of existin:; ss requires an aoproved Hennepin County entrance permit. See our Traffi .,ision for entrance permit forms. - All proposed construction within County riqht of way requires an approved utility permit prior to beginninq construction. This includes, but is not limited to, drainaqe and utility construction, trail development, and landscaping. See our Maintenance Division for utility nermit forms. HENNEPIN COUNTY on equol oppol1w+N employe, "William Moore Plat" page 2 - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Si cere/l y, / Oames M. Wold, P.E. Chief, Planning and Programming JMIW/LDW : de C_�.�►,�� f0',frisrf�-p �-,a ,t. �i"k4t- E }�►;•nr C,,,.Cr-SS r 4a-c4*Prf+ �c- fe4 ��+ �h SF L E Y E L i �n -► ,. ♦.. �.n w .-A l !� r n� %� l� �h rP b• /�.� * YM S �F UA : � i v a� v. . , i .. i i , i � . t• ..i �c7iN C E PT t r` /t.•,n- r..����^.� i ill .,. ,1 1 a�Lj 9� p' a FOREST LAKE MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Rovegno, McDonald, and Goetten. Absent: Sime and Callahan. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Zoninq Administrator Gaffron, and City Recorder Peterson. izosT BERT & CAROL TRAPP BRANCH ROAD PRELIMINARY SUBDIVSION PUBLIC HEARING 7:30 - 7:42 Robert & Carol Trapp were present for this matter. The purpose of the public hearing was to consider the request for renewal of preliminary plat approval granted previously granted 6/1/80 but was never completed. Assistant Zoning Admi.:_strator Gaffron explained the request which consisted of a 2 lot plat. He noted that each lot was in excess of the two acre minimum lot requirement and that there was an existing driving serving the existing house which would be shared by the r.ew lot. In response to Chairman Kelley's question, Assistant Zoning Administrator Gaffron stated that 3 horses are allowed on 5.45 acres. Assistant Zoning Administrator. Gaffron noted that a variance would be required for the animal barn which is located 130' from existing Nast property line whereas 1_` is normally required and this fact would be in,_.,rporated in the resolution if this subdivision were approved so that the future owner of Lot 2 would be aware of the location of the animal barn. There were no comments from the public and the public hearing was closed. It was moved by Goeztten, seconded by McDonald, to recommend approval of the preliminary subdivision subject to staff'-, recommendations. Motion, Ayes 5, Nays 0. #1008 JOHN S. PILL.SBURY JR. 315 MOODHILL ROAD PRELIMINARY SUBDIVISION -METES AND BOUNDS PUBLIC HEARING 7:45 - 8:03 Present for this matter was Henry Kingman and Pobert tiartfiel., repreuenting John S. Pillsbury Jr..; and John Winston, representing Woodhili Country Club. ZONING FILE NO. # 10 0 7 CITY OF ORONO NOTICE OF PLANNING CON14ISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 2/21/86 ---------------------------------------------------------------------- TO: Carol M. Trapp 4701 West Branch Rd Mound, MN 55364, TYPE OF APPLICATION: Subdivision ----------------------------------------------------------- Date of Meeting: 2/18/86 Vote: 5 For 0 Against Planning Commission recommends the following: Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Flowage and Conservation Easement to be granted over the wetlands. 2. Variance for animal barn of 80' from Lot 2 property line - hardships: a) location of existing fencing along east -west property line b) animal barn was located 130' from existing east property line. 3. Dedication of right-of-way for West Branch Road of 40'; dedication of future right-of-way for Highview Lane of 30' along the south property line (not shown on preliminary plat); granting of a road and utilities easement over the portion of Lot 2 that. is 25' wide. 4. Lot 2 to grant access easement to Lot 1 over existing driveway. This shall remain as a shared driveway access. 5. Park Dedication Fee for Lot 2. of $100. This item will he scheduled for preliminary Council approval on March 10. you will be forwarded a memo after that meeting detailing the submittals required for final approval. ---------------------------------------------------------------------- Applicant's ner:t scheduled meeting is confirmed as: Council - March 10, 1986 In all cases, the applicant must be continued with the submittal of requested information within 1 year or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by tt" Planning Commission. To: Mary Butler, Mayor Mark Dernhardson, City Administrator Orono Council Members ►"A 1 U 1?66 From: Jeanne A. Mabust.h, Zoning Administrator 1=10 Of>R0 Date: March 6, 1986 Subject: #1008 John Pillsbury, 315 Woodhill Road - Class I Subdivision - Final Approval. - Resoli.1tion Zoning District - RR-1B Area - 42.36 Acres Application - Subdivision - Class I - Registered Land Survey (Section 11.03, Def. "Subdivision, Classification" (a)(1)] List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Application Property Owners List Plat Map Planning Commission 2/18/86 Surveys RLS Mr. Pi l Isbury plans to divide his homestead parcel of 42+ at-res into two parcels. The larger parcel wi 1 1 go to the adja- cent landowner to the east, Woodhill County Club, and an eight acre parcel. to a private citizen. The eight acre parcel wi 1 1. contain the principal residence and all accessory structures (garage/caretaker's residence or apartment and tennis court). The resi-lence parcel will he so rved by an existing driveway that intersec-.s the future Woodhil 1 property. Woodhi 1 1 must: grant an access easement in favor of the residence parcel. All structures meet the required setback from the newly proposed lot line. The septic systems for both the main residence and caretaker's residence above the garage are located within the proposed boundary lines. If a future subdivision is proposed for this property, based on the location of the se. and accessory residential structure, lots can be designed to meet the RP-1B zoning standards. Planning Commission questioned the use of an exciting driveway access that proceeded west through to the adjacent Carpenter property. The applicant advised that there is no formal easement for the use and noted that it existed as an informal arrangement or courtesy to Pillsbury. Planning Commission Recommendation To recommend approval of the Class I subdivision application of John S. Pi 11sbury Jr. and variance to pertinent sections of Section 10.02 of the zoning code finding all standards of the subdivisioncode have been satisfied and to approve a conditional use permit for a caretaker residence or second residential unit. on tract A finding that all regular lot requirements can be met by the second unit. Approval is subject to the following conditions: 1. Caretaker apartment is for the sole use of the owner of the principal residence and may not be rented. 2. Future owner of the larger parcel must grant an access easement in favor of tract A. The enclosed resolution has been drafted to include the necessary finding and conditions to approve the subdivision application of John S. Pillsbury Jr. lw ill • F ,r Date Rec;d/- (c ByF, - ec' d CITY OF ORONO JAN 2 1 19% F � _Oel SUBDIVISION APPLICAT10i. ��✓ �� �� Dr�oc --------------------------- -------s Y OF ORGNO ---- ------------------------------------------- APPLICANT Name JGhn S. Pillsbury, Jr. Telephone 338-4382 Mailing Address 1300 TCF Tower, Minneapolis, MN 55402 PROPERTY Name John S. Pillsbury, Jr Telephone 338-4382 OWNER Mailing Address Note: Send copies of all correspondence to: (Attach list if more than one) Thomas M. Crosby, Jr., Faegre & Benson, 2300 Multifoods Tower, 33 South 6th St., Minneapolis, MN -------------------------------------------- 139-1-53`-71------------- PROPERTY LOCATION Street Address _315 Woodhill Road, Wayzata Property Identification No. (P.1.D.) 02-117-23-13-0001 Complete Legal Description to be attached to application -------- ----- ---- ----------------------- -- -- -- - ------ EXISTING LAND USE -- - Number of Tax Pat -ls 1 j Development Size Acres Dry Land Acres tiet Land 42.36-1 Acres Total, all parcels Present Use (check) X Residential; no. of units 1 Other (specify) Present Zoning District ------------------------------------------- PROPOSAL _ Division for Tax Purposes U) v Lot. Line Rearrangement Only (no new building sites) v a - �' X Subdivision for New Building Sites rnb Number of Building Sites: 1 Existing Units 1" --4 • 4 3 i� _ _ New Units U oaiR 2� - Total Units �''� Proposed Gross Density * _ Units Fier Acres brnu-+ [ c p.,, � r- ..e Minimum hot Sized:" Square Feet. Dry Bui le a o + _. ---. __ Land -. u V 0C :3 Proposed Usr: (check) X Residential � -, Other (specify` _ (c vFN ) MTNIMUM MATERIAL NECESSARY ''OR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this st can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (w10) 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 Officii-is 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 cf survey or myla: copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certificat: n by Zoning Department that Final .lat Application is complete. Zoning Officials Signature Date Sketch Plan Review (Class I, II & III) $150.00 Preliminary Review (Class I i II Subdivisions) $250.00 Preliminary RF ew $300.00 plus (Class III ant_ it non-residential) 20.00/1ot Final Plat Review (Class III) $150.00* *(Plus any legal or engineering charges) Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planninq Commission and Council necessary to process this application and further agrees tO pay all additional fees established by ordinance. Applicant's Signature AA? Date Owner's SignatureDate _1112 (I Applicant must have all submittals into thr. City offices 25 :lays k,eforc the tlanririg CovrmIaa1,On Meet inq. Pl.cnninq Commission Mvetings are usually held on the third Monday of Each nonth. oft RUN DATE 01/09/86 r BATCH 002 38 02-117-23 31 0040 P► PROP ADDP 01205 DICKENSCN ST OWNER NAME QUENTIN LAVER ETAL TAXPAYER DOLCRES A LAVER NAME/ADDR 1205 DICKENSCN ST oo. WAYZATA MN 55391 �. 38 02-117-23 31 0047 POOP ADDR 00450 OROtb ORCHARD RD S 0:4ER NAME EDWAP.D H HAr.M TAXPAYER EDUARD H HANM NAME/ADDR 408 ST FETER ST ST PAUL MN 55102 ow '-9 02-117-23 42 0001 PROP ADDR 00538 RUSSELL AVE O',PIER NAME K A P NURMAN I► TAXPAYER KENT J NCRMAN NAME/ADDR -38 RUSSELL AVE wAYZATA 124 �5391 38 02-117-23 42 0006 PROP ADDR 4w, 0)411IER NAME THE NATL12E CCNSFRVat:CY TAXPAYER THE NATURE CONSE^VANCY NAME/ASOR 328 E HENNEPIN ;.VE MPLS MN 55414 016 38 02-317-23 43 001T, /► PROP ADCR 01205 SHORELINE DR 01^14ER NAME DUNALD P GA113LE JR TAXPAYEP DONALD P GAMBLE JR NAME/ADDR 1205 SHORELINE DRIVE r WAYZATA MN 55391 PROP ADDP OSIER NAME TAXPAYER TOTAL BATCH 002 00033 NAME/ADDR lob HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWF?ERS LIST 38 02-117 23 31 0041 ODS59 RUSSELL AVE ERLING HOWARD SCHNEIDER J P A M M MCALPIN 559 RUSSELL AVE OR ONO MN 55391 38 02-117-23 31 0048 01225 DICK.ENSON ST BASIL M YOUNG ET AL BASIL M YOUNG 1220 DICKENSON ST WAYZATA MH 55391 38 02-117-23 42 0003 00450 WOCDHILL PD HELEN F QUERY HELEN QUE►tY 450 WOODHILL RD WAYZATA ?%1 55391 38 02-117-23 42 000P WOODHILL CCL*.TPY CLUB WOODHILL CNTRY CLUB 200 WOOOHILL PD WAYZATA MN 55391 38 02-117-23 43 0018 01165 FERtZ)ALE RD W G A J RITZ GOPDON H A JOYCE M RITZ 1165 W FERNDALE RD WAYZATA MN 55391 REPORT NO. PT4 54fll PAGE 4 38 02-117-23 31 0042 COS68 KEENE AVE WALKER MOTORS INC SEARS IMPORTED AUTOS INC 13500 WAYZATA BLVD Mlt*lETONKA MN 55343 38 02-117-23 41 Oi BURLINGTON NOF'THEPN RY SUPLItIGTON NORTHERN RY 38 02-117-23 42 0004 1 C1065 EDGEW000 HILLS RC + At+NE L RITZ At. "(E LAPSEN SIMCN`ON 10ES EDGLW'000 HILLS PJ WAYZATA MN 55391 a �9 • ✓ 38 02-117-23 42 0009 f R i THE NATURE CONSERVANCY THE NATURE CONSEPVA!ICY 322 E "`:•NEPIN AVE '" r MPLS MN 55414 38 02-117-23 43 0025 01185 FERNDALE RD W HENRY S KINGMAN JR ET AL �`+r HENPY A MARILYN KINGMAN JR W-4 1185 N FERNDALE PO `� .� WAYZATA MN 55391 RUN DATE 01/09/86 HENNEPIN COLJNTY PROPERTY INFORMATION SYSTEM REPORT tx. F,:''•."l PROPERTY OWNERS LIST BATCH 002 I CERTIFY THAT THE FACTS REPRESENTED ARE Ai' ACCURATE AND T4UE REPRESENTATION OF INFORMATION AS IT APPEAPS THIS PATE ON THE RECCC"-13 OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIMj TO THE CZ:;T OF MI KNOlALEDGE AND BELIEF. DATE SY ✓2r��. f �J • T--�-�--a j �► t, - S Otto ft G+ � w._ _. �.� �,; �, North'�� _ 1 , « �..;-n. Itz- ♦� s 1 - U • -�. a •_ � '' � a ' J cil `- ., . �+ , L MCA a --t . .rwr MINUTES OF THE PIJINNING COMMISSION MEETING HELD FEBRUARY 18, 1986 Ili ATTENDANCE 7:30 I'M The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Rovegno, McDonald, and Goette Absent: Sime and Callahan. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. 11007 ROBERT & CAROL TRAPP 4701 WEST BRANCH ROAD PRELIMINARY SUBDIVSION PUBLIC HEARING 7:30 - 7:42 Robert & Carol Trapp were present for this matter. The purpose i. f the public hearing was to consider the request for r ?ewal of preliminary plat approval granted previously grated 6/2/80 but was never completed. Assistant Zoning Administrator Gaffron explained the request which c insisted of a 2 lot plat. He noted that each lot wis n excess of the two acre minimum lot i equirement ar 3 that thr�re was an existing driving serving th,:! existing house which would be shared by the new lot. In response to Chairman Ke1ley's question, Assistant Zoning Adm'.nistrator Gaffron stated that 3 horses are allowed on .45 acres. Assistant Zoning Administrator Gaffron noted that a variance would be required for the animal barn which is located 130' from existing east property line whereas 150' is normally required and this fact would be incorporated in the resolution if this subdivision w1re approved so that the future owner of Lot 2 would be aware of the location of the animal barn. There were no comments from the public and the public hearing was closed. It was moved by Goetten, s^conded by McDonald, to recommend approval of the preliminary subdivision subject to staff's recommendations. Motion, Ayes 5, Nays 0. #10087. IiN S. PILLSBURY JR. W )NILL ROAD PRELIMINARY SUBDIVISION -METES AND BOUNDS PUBLIC HEARING 7:45 - 8:03 Present tar this matter was Henry Kin( and Robert Hartfiel, representing Jor►n S. Pillsbury Jr.; and John Winston, representing woodhill Country Club. I Zoning Administrator Mabusth explained the subdivision request for a Class I metes and bounds division of 42+ acres into 2 parcels. The larger parcel will go to the adjacent landowner, Woodhill Country Club, and an eight acre parcel will contziin the principal residence and all accessory structures for private ownership. Mabusth noted that all structures meet required lot lines. Regarding the existing guest house, Zoning Administrator Mabusth stated that it could meet the required 2 acre envelope and be divided off, but would not meet the public road requirement. Taylor questioned the use of a driveway that appeared to be used by the Pillsbury's and Carpenter's. John Winston stated that Mr. Carpenter has allowed Mr. Pillsbury the occasional use of it and it could be closed off but he see's no reason to do so. M`ke & Darlene Blazek, 1230 Woodhill Road, were present for this matter for informational purposes only. There were no comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by Goetten, to recommend approval of the preliminary metes and bounds division subject to staff's recommendations. Motion, Ayes 5, Nays 0. ZONING AMENDMENT SECTION 10.41, iB-2 LAKESHORE BUSINESS DISTRICT PUBLIC HEARING 8:00 Chairman Kelley announced that this Public Hearing would be tabled until the March 17th Planning Commission meeting. #1003 HANS G. NEILER & DON EE04PP 1125 & 1135 NORTH ARM DRIVE SUBDIVISION OF A LOT LINE REARRANGEMENT CONTINUATION OF PUBLIC HEARING 8:04 - 8:20 Mr. & Mrs. Hans G. Weiler were present for this matter. Zoning Administrator. Mabusth explained the request for a lot line rearrangement which was previously approved in 1972 in order to build a new house ct 1125 North Arm Drive but was never filed. Mabusth noted that Parcel C, which is actually a part of" Lots 22 & 31, will be acquired by Weiler. Mabusth explained that Lot b is used as a riparian lot and staff recommends requiring an open space easement over this lot. 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A REGISTERED LAND SURVEY FOR A CLASS I SUBDIVISION FOR JOHN S. PILLSBURY - FILE 11.008 WHEREAS, the City of Orono is a municiapl corporation organized and existing under the laws of. the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe develpment of land within the City; and WHEREAS, the City Council has considered the application for a Class I Subdivision by John S. Pillsbury, Jr. (hereinafter "the subdivider") of a property legally described as follows: See Exhibit A Attached WHEREAS, the City Council grants variances to Section 10.02 items (39),(43),(67), and (77) that require all lots to abut an existing or dedicated public atreet based on the following findings: 1. The subject property cannot be put to a reasonable use if used under the standards required by the above referenced sections of the code. 2. The plight of the landowner is due to circumstances unique to nis property and not crea*ed by the landowner. 3. The granting of this variance will not alter the essential character of the surrounding neighborhood. 4. The granting of this variance is .in keeping with the intent of the Zoning Code and Comprehensive Guide Plan of the City. 5. The grantinq of this variance is consistant with the previous actions of the Council whenever it approves the creation of lots served by private roads or private easements; and Paqe 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, the City Council hereby grants a Conditional Use Permit for the existing caretaker apartment on Tract A finding that all lot standards of the RR-1B zoning district can be met; and WHEREAS, the subdivider has completed all requests of the City for a Class I subdivision with a registered land survey. •OW, THERNMRE, DE IT RESOLVED, the the City Council of the City of Orono hereby approves the Class I subdivision application of John S. Pillsbury, Jr. as shown on the Registered Land Survey by Vernon A. Nichols and attached to this resolution subject to the following conditions: 1. Caretaker apartment located within do -ached garage on Tract A shall be used solely by the owner of the principal residence and may not be rented. 2. Subdivider must grant an access easement in favor of Tract A. 3. The aforesaid division as shown on the attached registered land survey shall be filed by the City of Orono with the Hennepin County Registrar of Titles on or. before September 10, 1986 together with a certified original copy of this resolution. The approval granted by this Resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Counci 1 of Orono, Minnesota, this 10t.h day of March, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler Mayor Page 2 of 2 REGISTERED LAND SURVEY NO. HENNEPIN COUNTY MINNESOTA EGAN, FIELD a NOWAK, INC. SCALE IN FEET SURVEYORS U 100 200 300 81-ARIN3S SHOWN ARE AS5'IMED 0 DENOTES IRON MONUMENT 1 Z Aw.+ of Ory ,y .dlv C 4 G AfON+rAR .ram gr.N` c r.f r� `1'O: Mayor rat lcr Mari 5er.nhardson, City Administrator Orono Council Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: March 6, 1986 SUBJ: #993 Tonka Transmission, 1960 Shoreline Drive - Conditional Use Permit Zoning District - -R-lA VAR 10 jonG CITY OF Us)" Application - Conditional use Permit required to amend original permit, approved May 9, 1983, based on the proposed changes in use: 1. Increase in Parking - approved = 10 stalls proposed = 17 stalls 2. Dispensing of gasoline has functions as full service station for transmission repair customers. List of Exhibits - Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Original Site Plan Exhibit E - Easements - Sketch Exhibit F - Resolution Determining Exhibit G - Resolution #961 been reduced - station no longer - applicant proposes service only Number of Sewer Units ExhibitH - Resolution Approving Original Conditional Use Permit for Craig Olson Fxhibit I - Amended Parking Plan Exhibit J - I,anJscape Plan Exhibit K - Planning Commission Minutes of November 18, 1985 In the pi,ocess of determining an accurate and fair assessment for each of the prop•�rties within the Crystal Pay neighborhood, Tonka Transmission was assessed 1 sewer unit. Based on the current schedule provided by the M.W.C.C., a service station requires 2 sewer units. The applicant's business involves merely a transmission repair operation; gasoline dispensi.ig has been cut considerably. Gasoline is sold merely to customers of auto repair operation. The enclosed resolution (Exhibit F) establishes the critaria by which the property will be assessed an additional unit at the time the station reverts back to a full service station. When the current level of operation for Tonka Transmission was revealed, staff ad vl.SeU the applicant that lie would have to reapply for an amendment of the o, igina 1 conditional use permit because of the change in use. She applicant: was alao advised to seek an increase in the parking allowance for the property as this has been a major concern of the Counci 1 since Tonka Transmission began its operation. Zoning File #993 March 6, 1986 Page 2 of 4 Reduction in Gasoline Dispensing - Review Resolution #961 (Exhibit G) the resolution that established the legal non -conforming use - specifically Section IV that establishes criteria for continued use of the service station and non -conforming use. The applicant has advised that gasoline sale, h&ve dropped over the past year. Olson states that gas will continue to be sold to repair customers and to any other person who seeks service. Transmission repairs will co.tinue to be the principal use on the property. In the resolution that approved transmission repairs (Exhibit .,) with the service station operation, the findings note the recent history of the failures of the full service stations that operated under the controls of i, solution #961 Olson had been asked to appear before the Council on 2 occasions because of persistent narking problems - the parking of more than 10 cars. At his last appear. .,:e before the Council sometime in late 1984, Council directed Olson to bring back an amended parking and landscape plan. Olson advised Council that he could easily increase available parking on the si*e because an attendant/employee would be responsible for parking cars. Review of Parking Plan As noted above, Olson was advised to submit an amended plan and an increase in par ng allowance would be considered if the following standards were maint A: 1. Safe sight distance at access locations. 2. Fire lane maintained along front of building. 3. Landscaping for site - low planters along roadway - no planting to exceed height rf 3 fee' - possible need for screening along rear of site. They amended plan has been provided to scale (1"=101) - note k.arking stalls are nct at required 9'x20' since parking is handled by employees only. Staff hag placed an X over the parking sites that viola*e Council's specif-ective. Stalls and 5 are not acceptable because they are located within 30' of the defined intersection at County Road and would create major sighting problems egressing from site. Stall 14 is acceptable because of the exi st i rg privacy fence and the angle of the ;approach at the Spates Ave. access The City will replace all curbing along the street right-of-way that has been damaged with the installation of sewer l.nes. A sketch of the easement for tfie lift station within Spates Avenue has been enclosed for your review. Zoning File #993 March 6, 1986 Page 3 of 4 Up until the Planning Commission meeting of November 18, 1985, the City had never received any complaints from the surrounding neighbors concerning Olson's operation. At that meeting, George Rovegno and Dan Crear (non- resident owner of property to imm,!d fate west) voiced major concerns with the proposed intensification of the Transmission repair operation. Please review those mi..iutes for specifics (rhhibit K). The underground tanks were also discussed. Olson has since advised that he would maintain the existing tanks serving his custotrcrs' or neighbors' needs. The tanks have been inspected since Olson took over the ownership of the property and there have never been any reports that the tanks are deteriorating. Olson would rather maintain the tanks keeping all avenu.-�s open in case of a sale to a major oil company. .'he Planning Commission voted to deny Olson's conditional use permit app:icction to amend his original permit allowing for an increase in parkinc, zn d reduction on gas sales - changing station's status from full st,r".'ice station to limited gas sales. The Planning Commission failed to �6:it-e f ndings for denial. Staff :)as asKed Olson to submit a parking and ' ndscape plan for Council.';; consitieretion. The applicant plans to continue zrne privacy fence along the rear of the station structure. The proximity of the road to the boulevard area and height restrictions prevent ..iajor plantings. orison suggests a combination of red rock and perennial plants. The old engine parts stored in the east corn r of the props ty will be removed in early spring. The applicant asks Council to cons..,- his request because if the parking needs cannot be addr ssei, he would be forced to relocate his bus4iess. Cou,..;il Action - Pirec.•t staff to draft a resolution of approval or denial for action at your Marc. 24t:h meet i.nq. Suggested findings for ?+...al: i. Intensifica _nn if use in violation of non -conforming use section of code. 2. A primary transmission use is too it ruse a use for such a limited property and creates a major impact for residential neighborhood that surrounds operation. 3. The proposed change in use would be in conflict with the original intent of Resolution 0961. Suggested findings for approval: 1. The proposed amendment of of iginal cc,r.d t is use permit will reflect the real use since 1983. 2. The transmission repair is not the real problem or impact of the property. The problem has been the maintenance or upkeep of the site. 5 _ng File #993 March 6, 1986 Page 4 of 4 3. Applicant will still provide gas but in limited quantities and to a limited number of patrons. 4. Council will cc ntinue to support the findings set forth in resolution approving conditional use permit for Olson and the special conditions of that approval subject to the following amendments and additions to those original conditions: 1) Allow an increase from 10 to 13 parking stalls for gas and repair use. And 1 stall for emp' •-yee parking for a total of 14 stalls. 2) All landscapinc+, fence construction, parking designation and general clean up of the site to be completed by June 1, 1986. 3) Building Inspector must be notified prior to required gas storage tank inspection this spring. tf C' CITY OF ORONO GENERAL LAND USE AFrk.--'.1.1JN ---------------------------------------------------------------------------- PROPERTY LOCATION Site Address ' C �. L�; Property Identification Number (P.I.D.) Please check one - Is the property I-,' abstract or torrens? (for Conditional Use Applications only) Please attach legal description to applicatio if not included on required survey. ----------------------------------------------------------------------------- APPLICANT Name <f (-N llla C t C Q Phone "A-, ;-- l -> Mailing Address \I-k L O kA&Q_ uti, (gyp --------------------------------------------------------------------------- OWNER Name Phone Mailing Address 41 i, Date Property Acquired (,+Q (month/year) I (do) (do not) lso 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 $250.0) 11) Commercial/Industrial Use $200.00 f) Land Alteration (grading, L'illinq) PRD/PID - see fees schedule other Applications $250.00 Vacation $250.00 Rezoning $100.00 Appeals _ - Other - 5-:ee fop asc-hedu l e PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail:P2�'►tiC;- - C = F L= �,.Gct -7 EA---.?1,J ' ' P-, Q — A T t= n t-_� j Ok F t= A -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin Cot my Department of Finance A-603 Government Center 348 -3271 ) Stamped, legal sized envelopes ( A10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. The Applicant and Property Owner must sign this app14 :ion. Please remember that your application is not complete if the above information has not been included. APPLICANT': SIGNATURE The applicant hereby agrees to provide all information req 'red or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information suppli?d is true and correct to the best of his/her knowledge. Applicant's signature �.� ~ Date OWNER; SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants. agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature _ Date-------------------------------------------- 1 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. 10-117-23 42 0012 E. Robie Wayne 4418 Ellerdale Rd. Minnetonka, MN 55343 10-117-23 31 0096 Harriet Spates Torangeau 2060 Central Ave. Wayzata, MN 55391 10-117-23 42 0006 Ronald Prineas 1980 Heritage Dr. Wayzata, MN 55391 10-117.-23 31 0089 Daniel Crear 1980 Spates Ave Wayzata, MN 55391 10-117-23 31 0090 Richard Stinson 2040 Central Ave. Wayzata,MN 55391 10-117-23 31 0001 George F. Rovegro 2010 Shoreline Dr. Wayzata, MN 55391 10-117-23 31 0002 John T. Spence 2040 N. Shore Dr. Wayzata, MN 55391 10--117-23 31 0008 Helen Bowers 2055 Spates Ave. Wayzata, MN 553` l 10-117-23 42 0005 1930 Shoreline Dr. Wayzata, MN 55191 10-117-23 42 0007 Kenneth 6 Elsie Harter 1940 Shoreline Dr. Wayzata, MN 55391 of ' ,,="' ' •, - r" ��.+ ��?".i:y � _ . .��^r -\ ,.� Abe V.� �rP� .••. •-.i...��" yR ;ter a d + - •CGRys t fw. • MTKA af «ip own touen Nfof7� IIOAO • ow w0. ♦{f --- -- l 4 ' 4 r IL _�f > bN �~� t 33 34 !t!N t "M CAW% r.Ww ...... & wit. vw m S8 4t -- -- � 4osw , TRMr l nn. i S Ip N I •- , T' 1 c ,� �oori Z i� BONESTROO, ROSENE, ANOERLIK A ASSOCIATES, INC. Consuliina Engineers _St. Ptui. Minn. ~Date: (1 7 ,'8i FIG. No. C.OWAL i Y A RESOLUTION DETERMINING THE NUMBER OF SEWER UNITS AT 1960 SHORELINE DRIVE WHEREAS, the use of the property at 1960 Shoreline Drive in Orono is currently under a Conditional Use Permit; and WHEREAS, the Conditional Use Permit allows for the operation of a "=ervice station"; and WHEREAS, a service station operation requires two sewer units as per the schedule provided by the Metropolitan waste Control Commission; and WHEREAS, the current use of the property is aii automative repair shop that does not dispense great volumes of gasoline; and WHEREAS, City staff has determined that under current conditions the operation does qualify for one sewer unit until s-ch time as the operation changes. NOW, THEREFORE, BE IT RESOLVED that one sewer unit will be assessed immediately and one sewer unit will be deferred until such time as the operation changes back to a "service station" in which the dispensing of gasoline is a major part of the opera- tion, requiring a change in conditional use; purchase by a major oil : ain or key use in which vehicle repair is no longer the principal usage of property and intensified sewer use. BE IT FURTHER RESOLVED that when the deferred assess- ment becomes due, that the assessment will be spread over the same amount of time as all other units. Adopted by the City Council, Orono Minnesota on this day of , 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. butler, Mayor RES()1,UT1 NO. _ 1 A RESOLUTION ESTABLISHING A CONDITIONAL USE PERMIT FOR OPERATION OF A LAWFUL -NONCONFORMING USE OF LAND WHEREAS, the City of Orono, hereinafter City, 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 Council, has adopted a Comprehensive Guide Plan which sets forth the unique characteristics and constraints affecting development within the City and which Plan establishes goals and guiding principles for planning and reviewing development within the City; and WHEREAS, the Council has adopted a Zoning Code which establishing performance standards and criteria for implementation of the guiding principles of the Comprehensive Guide Plan; and WHEREAS, the Zon: . Code of the City provides for u1ie continuing use of land or buLldings as lawful non -conforming uses whenever such uses were lawful uses under prior zoning regulations but have since become non -conforming uses becauLe of a lawful change in the zoning code; and WHEREAS, the propert•- described below has become a lawfu non -conforming use of land ate 3uildings in the manner described above; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby establishes a Conditional Use Permit for continued lawful use of the following described property according to the following conditions: I. Property Description 1. Legal Description - "part of Lots 24, 25 pnd 26, "Ora Park" on Lake Minnetonka and that part of Lake Street lying between the extentions of side lines of said Lots 24, 25, and 26, and between front lines of said Lots and Northwesterly line of the Right of Way of County Highway No. 15 (formerly No. 7) being a line parallel to and 33 feet northwesterly from the center line of existing pavement of said Highway", all of which is intended to be replatted as Lot 2, Tourangeau Addition. 2. Lot size: (ave.) 1/45.58 ft. wice by (ave.) 7.8.55 ft. deep - 11,435 sq. ft. (.26 acre). C Resolution No. page 2 3. Existing structures: Ont ogle story masonry gasoline service station 50 ft. long b, L7-1/2 ft. wide (1,311 sq. ft.) consisting of auto service bays with hoists, one 9 X 12 storeroom, on. X 15 office and two toilets; three 3000 gallon underground fu, storage tanks: one fuel pump island with four pumps; one advertising sign base; concrete drives over fuel tanks and at pump island, gravel surface elsewhere. 4. Existing Ownership: Land owned in fee by Harriet Tourangeau; part of the land leased to Robert Reutiman since 1954. Reutiman owns the building. Reutiman's interests sub -leased to Texaco, Inc., in 1963 which leasee's use ceased on or about September 23, 1978. II. Existing Use 1.' Since 1963, Texaco, Inc. has subleased station to one or more c;�erators who have used the property for retail gasoline and motor fuel sales, l h� t repair and exhange of 2aar-ts in motor vehicles. Vehi-'Le e'incuiiee e sT tune-ups, ication', ire repair, replacement of exhaust systems, engine parts, etc. Sales included gasoline of various grades, tires, batteries, additives, and parts when inst-'led in the vehicles. 2. Miscellaneous sales included vending machine sale of soft drinks and cigarettes. 3. Recent year's use has included hours of operation generally running from 6 or 7 A.M. to 6 or 7 P.M. weekdays, reduced operation Saturdays and no operation on Sundays. 4. Recent year's use has NOT include' bulk fuel sales, large truck refueling or repairs, auto body repairs, welding, retail or wholesale auto parts sales, retail or wholesale sales of any other commodity except as noted abcve, or outside storage of parts, equipment or trucks. Resolution No. page 3 III. ironing 1. Ordinance 214 adopted November 14, 1978 provided for zoning of this property to LR-1, Single Family Lakeshore Residential consistent with the �idjoining properties (and a portion of this property). 2. Prior to Ordinance 214, a portion of this property was zoned B-1 Limited Neighborhood Business District. 3. The B-1 zone provides for gasoline service station use by Conditional Use Permit. The LR-IA zone does not allow gasoline service station use except for continuation of the existing us, by Conditional Use Permit as a lawful non- conforming se. 4. Even as B i zoning, the service station use was non- conforming because of substandard lot size, substandard setbacks d lack of conformance to zoning performance standards. S. The zoning was planned to be changed from B-1 to LR-lA in 1974 concurrent with a.ioption of the city-wide rezoning and implementation of the Comprehensive Guide Plan. IV. Conditior' ",e -ermit for Continued Use 1. This permit sued as an automatic condition of the rezoning occasi:, Ordinance 214. 2. This prope ty continue to be used for the existing gasoline service station according to Section 31.100 of the zoning code and according to the conditions set forth below. 3. The manner and extent of the use shall be as previously used. 4. The principal business shall be retail motor fuel sales of various grades of f' solin.-,, specifically including_ diesel fuel and/or gasahol. or sim' r fuels used for motor vehicle propulsion. 5. Accessory business tray include other existing uses listed in Section 11 above. Resolution No. Page 4 IV. Conditional Use Perriit for Continued Use (Cont.) 6. Other uses may be considered by tre Council upon application and upon a finding that 'Ie proposed use is less non -conforming than the above permitted uses. 7. Specifically included in this permit is authority for the following: a) Operation between the hours of 6 A.M. and 10 f,;., daily including Sui,3ays and Holidays. b) Installation of one new 6,000 gallon underground storage tanks, subject to building permit. c) Installation of new or revised pump islands and fuel pumps, subject to buiHing permit. (IN Interior and/or exterior renovation and remodeling of the building, subject to building permit (arid Council review of wozk where required by Ordinance). e) Iiistallatiun of new advertising signs dot to exceed size of prior existing signs. 3. Specif-tally required by this permit as a condition to authorized operation are the following: ✓a) Installation of traffic separatica curbing a, -id landscaping shown on the attached plan and req,.,: _•ed as a condition to sut.div4rion of the property. Work to be completed no later than July 1, 1979. ✓`b) Installation of fencing required by Section 38.501 of the zoning code. Work to he completed no later than July 1, 1979. c) Closing of rear station window with masonry (per state Building Code). Work to be completed prior to building occupancy. d) issuance of Certificate of Occupant: v the zoning department prior to opening for business, Resolution N Page S 9. Th-,,s permit i sub,ect to review by the City Council upon violation of Lhe coaditions set forth herein or as i--- ;ded by Section 32.490 cf the zoning code. Adopted by the City Council of the Cit of Orono at their re-.1,lar meeting on the -)f r 19. :iam B Van Nest, May — ATTEST: Walt6r R. Benson, Clerk/Adminis, IL GRANTING A CON11,11ONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 31.100 File #742 WHEREAS, Craig Olson, hereafter "ap.:'.part", has made application to the City of Orono, ,•ereafr_er "City", to permit the repair .-)i transmission. of irs and light trucks at the service station located at 1960 Shoreline Drive and legally de- scribed as Lot 2, Block 1, Tourangeau Addition, hereafter "the property"; and Whereas, per Resolution 961, a resolution that approved the service station as a legal non conforming use, under Section 31.100 of the Orono Zoning the applicant, or the future owner of the service station, seeks to amend i tion 961, Section 11, item (1) 'Light repair and e. ange of parts in motor vehicles " to inelu..e the repair of t;insmissions and replacement of a '.emissions and engines. NOW, THEREFORE BE IT RESOLVED by the City Coulcil of Orono, Minnesota: Findings 1. The app;.cation as reviewed as Zoning file No. 742. 2. The property is located in the LR-1A Lakeshore resi:ential Zoning District. 3. On December 18, 1978, council approved Resolution #961 a resolution that approved _ ,onditional Use Permit establishing a ].awful - non conforming use on the property. 4. The Lawful - non conforming se has continued on the property since April. 1978. 5. For the pa, .10 years the station has had three different ope,• tors. The periods 6, ration ran from 6 months tt 9 months. 6. the station has been vacant for long peri-us cf time but r or 12 contiguous months. 7. The applicant claims that at the curreit level of aprt,_.ve.i •ises, setforth .n Resolution % 1, thF fttatton cannot compete with other service stations. R. 7' eighboring resi.fet,ltil pro- own,rs support the „ervi,�e Station use at- c l _i±' the following: u, The property has been n use as a service station for over 35 years. b) They support t` return of a well run, full service station at a level of opera -.on that takes into consideration the limitations of the physical site. 9. The applicant proposes to operate under the approved level of use set forth in Resolution #961 except to ask that transmission work be included under whatever controls or conditions of operation the City deems necessary. 10. The applicant will operate between the hours of 7.00 AM to 9:00 PM daily - all repair wor to -case on Sundays. 11. The applicant Mil' hire 1 full time employee. 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports of the City Staff, comments of the applicant and other interested persons and the eff..-• of the proposed use of the property on the health, safety and welfare of t community. 13. The City Council finds that grant'ng a Conditional Use Permit to the new owner of the property and ol. -ator of L..d service station and to amend Resolution 961 to permit the repair of the transmissions of cars and light trucks at the service station will not he detrimental to th- health, safety or general welfare of the public, would not aversely affect traffic conditions, light, air n,ir pose a fire hazard or other changes to nei-hb..- -ig property, nor will i .%reciate surrounding property values and the proposed level of use of the arty will be in keeping with the intent and objections of the Zoning Code omprehensive Plan of the City. Conclusions, Order and Conditions Based �.ron the above findings the Orono City Council herebv grants a Conditional Use Permit to amend Resolution W to include the repair of transmissions of cars and light trucks on the property subject to the following conditions: Repairs on truckr limited to vehicles of 1 ton capacity or less (light trucks) All. repairs are to be conducted w' n the existing building. 3. The parking of mot iicles limited as rollows: a) 3 stalls provided for gas, and general sales nortion of operation. b) 7 stalls provided and limited to repair use of operation. 4. Building inspector must he notified when gas storage tanks are inspected prior to filling{. �. The city Council hereby reserves the right to review d/or modify this Conditional Use Permit, if at any time in the future the Co unri? rinds the conditions (if tha subject permit to be violated or if the proposed additional i,se is found to be detrimental to the health, safety and public welfare of Orono Citizens. 6. Violation of or non-compliance with any of the terms and conditons of this permit shall constitute a violation of the Zoning Code, shall a tomatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned has read, understood and hereby agrees to the terms of this resolution and hereby agrees to the rec-)rding of this resolution in the chain of title of the property. Adopted by the Orono City Cot- ..il on this 'ith day of. :Lay, 1983. ATTEST: City Clerk Applicant / Owner CITY OF ORONO Mayor STATE OV MINNESOTA ) COLTN tY OF HENN EP IN ) On this day of _ _ 19_, before me, a Notary Public within and of said County, I-.'rsonally appeared known to me to be the per (s) described in and who executed the foregoing instrument and acknowledged that hr (thev) executed the a as his (their) free act and deed. NOTARY PUBLIC_ __ MY COA:,4I i 16 N EXF TRF.S eta Statues ]N', to peed Tat Dor t4 r•:•, lrrma! This i(,stfument v.•` tfa(!c! y t•Ity of off)" P.o. BOA SS cfystat play, f"m ')"IL) ------- 44, It X 1� 4 ck,4 27 is QVA *,,i 4t A RL-14ton Plamw Fir I V&C y t \` gob elm \t wd st V,,e-t> 9.0-Lie tr.., & F*&JCVP t L loo. MINUTES OF THE PLANNING COMMISSION MLE.TING IIELD NOVE:MBER 18, 1985. PAGE 7 1992 CITY OF ORONO CTY. ROAD 15 AT SPATES AVE:. CONDITIONAL USE. PERMIT PUBLIC HEARING This Public Hearing was continued until the December 16, 1985 Planning Commission meeting. #993'TONKA TRANSMISSION 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 10:37 - 11:07 Being an affected stepped down from adjacent property owner, George Rovegno the Planning Commission for this matter. Chairman Callahan explained the request for a conditional use permit required to an!end the original permit (approved May 9, 1983) based upon the following proposed changes: 1) increase parking stalls from 10 to 18 stalls 2) eliminate dispensing of gasoline Craig Olson was present for this matter and stated he proposes a transmission and general automotive repair shop as the principal use. He rioted that it is hard to operate with a 10 car parking limit. McDonald brought up her concern regarding the "swamp in the stree,P-." Rovegno stated that the problem involved the city pumping silt etc. into the catch basin into the lake from the sewer project. Dan Crear, 1980 Spates Ave., was present for this matter and expleined to McDonald and Planning Commission the background of this drainage problem which has an impact nn 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 because it would intensify the mess. He also noted his concerns with the possible rusting of the gas tanks affecting his well water. Craig Olson stated he would like to permanently f i 1 1 the gas tanks with rock or sand in ad(,.; tion to other improv ments to the property. Toning Administr,7tor Mabusth stated that filling the tanks with sand is not acceptable anymore, the, must be removed. Planning Commission reviewed the proposed parking plan. George Rovegno -fated that his eonc-rn wa:: the change and intensification of the use. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 8 #993 TONKA TRANSMISSION continued Dan Crear stated that approval of the request would create a visible change of use because the clientele from a transmission shop differs from a gas station. He noted that he would like the property cleaned up. There were no other persons present regarding this matter and. the public hearing was closed. It was moved by Kelley, seconded by Callahan, to recommend denial of request #993'fonka Transmission to amend the permit dated May 9, 1983, maintaining only 10 parking stalls, and ir addition requiring the removal of gas tanks not in use. Moticn, Ayes 4, Nays 1. McDonald voted nay stating that the citk should review alternatives to removing the gas tanks. #994 FRANK KOKESH 4100 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HERRING 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 the boarding of horses, rental of horses and instruction in horse back riding; and a variance to permit applicants' to continue with the keeping of domestic animals for commercial purposes. Attorney Lou Oberhauser was present for this matter, representing the applicants. Mr. 6 Mrs. Earl Dorn, 4' Wa 2rtown Road, were present for this matter. Mr. Doi voiced his irritation at Lne applicants' refusal to appear at these meetings. He stated that the applicants' hart 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 ad••;_sed the Comtcipsicn that he has requested - copy of Scott Coo: :y's public stable ordinance. Ms. Plank, 4145 Water*^;•*n Road, was present and stated she was concerned about-Nplicants' plans for the additional property recently acquired by applicant, anal what the conditional use hermit included. Mr. Oberhauser stated that the applicants have no plans to expand the operation and that their request for a conditional pe---it is to permit the existing level of use. Mr. Dorn stated that applicants' commercial operation has created 100% more traffic. Kelley felt that riding lessons 4hou),' be limited to family members only. M.a ar< R.epor+ � In of! `�i��i INDUSTRY W R I G T / I ' III Howard R%HENNEPIN Lake Montrose ICokato Waverly ae� 300 I v lano 'ayzata S p r i n g Par e South St. Bonifacious Mound Silver New , �_a a German HutchinSask,,DAKOTARAIL LesterlI '.laver c a Prairiel o G b ' Yo ang Waconi I Shams ea M c E 0 D (America g Coto n a Glenco PI to p haska ' 1 Su ter P NorvYood a,a. 5t�wart b Hambwgl C A V E R Browntonr-- -'1 Borigards (LET'S TALK LOCATION DAKOTA RAIL WASy1NGTON b AOAMS STREET HUTCHINSON, MINNESOTA 553SO PNMNE it; V) I H 14018 G WUNL#A A7tf f ft TO: Mayor and City Council kk VAR 101986 FROM: F1ark Bernhardson, City Adminiscrator.,l)� � � cirY OF DATE: February 28, 1986 �� SUBJECT: Big Island Summary Attached is a mei—) attempting to outline progress to date on Big Tsland. As you will note in tht- attached letter from the Big Island Board of Governors, they have requested that thoy discuss the issue with the Council and that hey then attend the meeting of March 10, 1986 in order to discuss this with the Council. ISSUES - Iss: �s of concern between the City of Orono ar„3 the Board of Governors are as follows: 1. City's policy ,�garding Big Island as a Park 2. %iazardous building proceedings and building permits for repair 3. Application for consideration of conditional use permits 4. Removal of fish house storage from the Veterans Camp RGCOMMEN.jATIO 1. It is the staff's Lecomrr;Fndation that the Co,,►nci1 reiterate its policy regarding Big Island as a public park. 2. That the Council pass the hazardous building prose -dings at this council meeting and that the staff will hold them in aheyance from fi 1 ing w` th the courts for a pr ' ^(iof 30 days in hopes of receivi.9 the appropriate time table f11--, !le Big Island Board of Governors. If adequate progress is not r:- )Ja staff will then file them with the court. 3. Council encourages Big island Board of Governors to file for the appropriate conditional use rermits in order for them to know the type of de 7 -3p:nent and cc t i ons that they will be allowed to operate together with gaini,., the ability to receive building permits to do any repair. 4. That the Council concur with the staff's direction in 4irusting the Fish house storage be remove,3 from the island. cc: I.-onarri Carlton Jeff Olson 'tarty Jensen PROPOS'D M^TIONS '.. Moved by , seconded by , that the Orono Cic1 Council reiterate thei_support of eventual sale of property on Big Island to the Suburban Park Authority f(ar utilization as a Nuts' i c park. Ayes Nays 2. 'loved by 0 seconded by , that the Council approve resolutions number t h r u anT that L",e Council direct the staff to commence filing of these procedures by 15 April, 1966 if a suitable time table to ix - and removal h- not been filed `)y the Rig Island Board ,f Gu�'5�rnors with tte staff. Further that should the progress on the camp fall more than 33 days hehind the proposed s ,edule ti,at staff then be directed t- commence procedures filing of hazardous buildings proceedings at that point. Ayes __, Nays __ 3. Move by secs,.. �d by , that the Cit, Counci 1 of Orono strongly encourages the Big isTa„d Board of Governors to file for the ,appropriate conditional use permits so that the Council can consider the restrictions under which the reconstituted Board c' Governors wi 1 t he al lowed to operate a Veteran's Camp. Ay'.s Nays 1. Council supports the staff'F "irection for removal of fish huuse storage on the island by April 1, 1986. ATTACHMI'- '%. aff Summary of Issues - 2/28/36 9. better - r3ig Island Board of Governors 3/3111' C. Calendar of Recent Events n. 11972 Resolution on t3ig Island E. 1980 Comprehensive ►ianagement Plan Excerpt F. Letters to Big Island lJoard 12/31/85 1/10/86 r,- Oronr, Zoning Ordinance Excerpt 10.31(3:') Ft. Hig Island/Setter Leach Stl...ly (Resolutions for hazardous hui.iings have not been attached, but are ay.3i lahle at your requA»t.) 2 22886.1. TO: Mayor and City Council FROM: Clark Ber��' son, City Administrator DATE: February 2b, 1986 SUBJPCT: 1.3iq Island Veteran's Camp INTRO_ JCTI0,, As you will recall the City, back a* iL ,ugust 2i: 1995 meeting, was ready *-n commence hazardous buildings proceedi,:ys against all of the buildings on the Veteran's Camp. Due however to a reyue�-t by a representative of the reconstituted Big Island Board Q Governors, it was staff's recommendat=.on and Cou►icil's decision delay passage of those resolutions until there had been a transfer of title and a period of time for the Big Island Board of Governors to develop the direction they wanted to go. The title ich ka- .. rig'r.-lly anticipated to be transfered in Septembe was formally tra,isf.ered to the Big Island Board of Governors at a Pecember 2, IS135, meeting. Additionally there was 3 cauestion of i...,nies that were to be transferred from the State to the Roar) following a legislative au.-'. of the funds. At their February 22, 1986 meeting the State _d inuicate 'hat the check would be r le available within two dayr. if the 3:,ard would sign the approp Late indemnification for past bills .ncurred by various veterans groups that had opzratad the camp during the previous five years. Due to the fact t'iat only four of the mFnbers were present 3t that meeting ro ` al action wac taken. Na you wi 1 1 note in the attached ca .ate ? e:rents an ar<-h i tPctura 1 firm hired by the !Gig Island Board of Governors made a presentation re,_, + ding pL�tFntial dev,plopms nt of the big Island property at their t'ovember mee, ng. After reviewing th^t proposal th taif sent a letter to toe Big Island Bo,.rd c,f -overnors in December outlic►ing issues that r would be f3ced garl i ng any devA lopment. As noted in the a: z.ached letter it was indicated to them that in order to do anything apart f•om _oaring down, th,: h ti ldinga, during th lay time would require a - onlitiona l us(, ne-mit. (Conditional uses range from over -night t. nt ing all 'ie lay up to the proposed development ct three mil 1 i )n dollars that Setter, Leach i Lindstrom des�rjned in their stuc7.) Additionally in a lei._er on Januarl 13, 1986, she staff reitei -�d the ne>d for condition• . u. 3 permits for an, activity &part fro,.4 the dem.1 itinn or fix -up tngethar w: ti a larch 1st 1p,a{i1 ine ficte at which we would recc !e hazardous buildings proceeiings had we rot received a ply..: . imely removal it f..+- up from the Biq Island F. ,ar.1 of Gova: nor:j.. Poll -)wing thei- .lanuar 2nJ meeting representatives from the Big Is and Ron,, Gov , ,r:,, in•-:udi.ng ..Joe 83ckus (, o i3 also a proper' owner can Rif) Island) stepped in to oi3c!iss the possihilily of being able to do small f.ix-up of buildings in order to use them as an overnight base camp for workers for the rest of the site. It was indicated that the City would have to take a look at what they wanted to do and that they would then have to apply for a conditional use permit for that activity hesldes one for the eventual development on the island. It was requested that they get those in within a week in order to allow the City to move expeditiously in the February - March time frame. To date this has not been received. In the next communication the City had was following the Board's February 20th meeting in which it was indicated that the Hoard would like to write a letter and address the Council on these specific issues. We encouraged them to do this and that is what wi 11 be presented this evening. As you wi 11 note in the ,attached Sett(,r, beach & Lijidstrom study there is development ranging from .a million and a half to three million dollars. At present the available funding of the Big Tsland Board of Governors is approximately $30,000. It should be additionally noted that none of the four veterans groups that comprise the Board of Governors have voted to put any money toward redevelopment of the project. Additionally the Suburban Hennepin Park Commis :ion has in the past and continues to stand willing to ,._.gotiate sale of the property to develop it as a public park. Originally the appraised value placed on the property for the r)istrict was in the range of $900,000. The study for the Big Island Board placed a value of under 5353,003 -)n the property. ISSUT:S The fol lowi 'i reoresiint the key issues and decisions 'between the City of oto and Big island Board of Governors during the upcoming months. A. Cit Polic on BigIs_and - As noted in th ttached resolution -Trom with a copy from the I980 omprehensive Management Plan the City of Orono has continued to maintain that the best use fot Big Island is as a public parK. It is our understanding that this remains the council's policy and direction and that at a minimum the c, unci1. would not be opposed to the Suburban Park Authority purchasing the Ve'eran's Camp from the veterans. 9. t1azardous Sui ldin1sProceedings;/Buildin2—Permits - The �Eiu3��n'g� wave ficen Tn-a progressive series of deterioration for th,- last several years. These buildings were built prior to the 1920's and several of the cabins were just woo-i added over old army tent frames when the canvas finally rotted away. Last fall we had a list of hui lldings that were to be removed 2 luring the fall, however the work done to date has only resulted in 5 of those 15 buildings being removed, with no effort to attempt repair of the rest. It has been indicated that if the Big Island Board of Governors could give us a reasonable time table and that time table is reasonably adhered to that we as staff would not recommend taking hazardous buildings proceedings. We have not however received anything to date from the Big Island Board of Governors that would constitute any plan to do that. It should be noted that building permits would be -equired prior to any work to fix -up the buildings. The :ity has not issued building permits to ., site requiring a conditional use permit prior to app .\al of such a permit. C. Conditional Use Permits - The Zoning Cole states that once a use per im tte7c under a conditional use permit ceases to exist for a period of six months or more, that use is no longer approved for a property. Camp use has not existed on the site for over 18 months, a conditional use permit must be filed for any of the camp associated uses proposed by the Board of Governors. It should be noted for the record that the City has incorrectly not required the various veteran's gro-..:ps that operated the camp in the past to file for a conditional use permit. As mentioned above, for them to use the camp at all apart from either o:►e single family dwelling (absent a subdivision) or do daytime work to remove the existing facility, it would require a conditional use permit. 1. Base Camp - OnA of the propt- is developed by the fMg Is`Yond Board of Governors was that they be allowed to fix up a segment of the camp in order to allow for overnight stays by volunteer workers. It was indicated that they should bring back to the City a plan for those hui ldings together with the appropriate time table. After revie,ing that the City would in,iicate if there weriz any other corrections that they should underta%,e. ".t that point they should file for the appropriate conditional use permit to undertake that activity. 2. Veteran's Camp Off? .ration - It was 31Aso strongly suggPstsl by the Ci at the January 28th meeting that it would be extremely prudent for them to su!�mit their request for the conditional ase permit for the overall operation of the camp prior to investing a lot of time and effort in reha`>ilitating the existing damp and facilities unless they knew thA !-()pe or impact of conditions e.stahlished by the city to operate as a renewer! 'leteran's Camp use. To date they ha j+s not sup>mitted an application. Since an approved conditional use permit is required prior to issuance of building permits to £ix -up any buildings, the permit is integral to any plan of the BoarA to deal with the hazardous building proceedings. D. Fish House Stora e - At an inspection in preparation of hazardous buildings proceedings on February 26th it was noted by our Building Inspector that an area on the island near the caretakers shack within 75 feet of the lakeshore is being used by Roy's Bait Shop, of Excelsior, for storage of approximately 30 fish houses. We had noted this activity a couple of years ago and had indicated to the State that that was not an allowed activity and that they should cease from permitting that to happen. Additionally, we had sent a letter to Roy's Bait Shop to indicate that the commr!rcial storage is neither an allowed nor conditional use activity and therefore absent an ordinance amendment wr:,uld not be allowed. Additionally, it constitutes a fire hazard on the island, in part because of propane and other combustibles stored there plus the sheer amount of highly combustible material concentrated in one area which lacks appropriate security and is open to vandalism. A deadline of :March 13th r.a been established. U THE BOARD OF GOVERNORS BIG ISLAND VETERANS CAMP 'arch 3 ,1 98h The honorable Mary Butler Mayor, Orono, Minnesota City Council, Orono, Minnesota City Administrator This letter is being written pursuant to action of the Board of Governors of the Big Island Veterans Camp. It appears that very soon the City of Orono and the Board of Governors Organization must move in implementing the appropriate development of the Big Island Veterans Camp. In recent months the Board of Governors of the Big Island Veterans Camp hereinafter referred to as the Board have been moving steadily towards a positive solution. The Board has hired a rccognized'Consult- ing firm to develop both short range and long rage plans to upgrade the camp. In every step of the way the Board and its consultants have kept the City of Orono advised and have had frequent meetings with the staff of the City. The orderly implementation of the hoards plans that were delayed in 1985 because access to the Island, for certain .easons, was denied to the Board and its representatives. Also, certain moneys which were owned by the Board were not made available to the Board and the de- livery of Yitle from the State of Minnesota to the Board pursuant to Ler—slative act also were delayed. Notwithstanding these incidents the Board has moved rapidly towards implementing its purpose. In recent days it has become evident that there has benn some break downs in communication between the City of Orono and the Board. For example, the City in writing has orginally taken the position that the Big Island Veterans Camp originall\ had a Special UFe Permit. :+(-w the Staff advises that there was and is no Special Use Permit ever granted. Some membsrs of the Staff of the City have even gone so far as to sav that t}e purpose of the tramp for Minnesota k.'e-terans should terminate and -.then uses made of same. It is the position of the Board that the mandate of the Veterans Or_ ganizstion; and the mandate of tite Minnesota Legislature in the Act prepared h\ the 1985 Session should be implemented fully. We feel that this can be 4one in P spirit of cooperation and understanding on both sides. The Boa.A feels that this is its legal duty to carry out the mandate of the Legislature and t,e wishes of the Veterans Organizations of Minnesota. We must advise the 1,:�v of Orono of that fact and at the same time offer a goal of mutual cooperation and understandink towards fulfilling our mandate responsibilities. The Board will he contacting you again in the near future and hope that better commmunications will result. LAC: cf xours very tuly Leonard A. Carlton Chairman BTG ISLAND VETERAN'S CAMP - SUMMARY OF RECENT EVENTS May 1995 - Legislation passed and signed by the Governor reconstititing the Big Island Board of Governors and directing an audit and title turnover •lay 22, 1995 - City of Orono directs le' -ter to State Department of Veteran's ;affairs to secure buildings and copy to Boar of Governors August 11, '935 - )resented hazardous building proceedings to Council - defer due to title problems and request for time to work on "plan of attack" September 10, 1985 - Agreed on removal schedule of selected huildings 9eveloped (September -October 5 tent frame buildings removed) December 2, 1985 - State transfers title to Board of Governors - Setter, Leach, Lindstrom present development plans - Suburban Parks reiterate offer to negotiate sa le Oeceml)er 11, 1985 - City of. Orono letter transmitted as commentary on development plans Ianuar 11, 1985 - City of Orono letter on need for conditional use permits an,i hazardous buildings deadline lanua•y 24, 1996 - Meeting between City Administrator and representatives of Big island Board of. Governors Fehruary 241, 1996 - State offers to turnover money if waiver of indemnification signed - no action taken - Following meeting of Board, Joe Backus inlicates desire of Board to speak with ^ounciI (P solution a445, cor:tinuud) A(Ic)l)t(:k, INN, the Vi l loge Council of the Vi Ilal,c of Orono, Minnesota at a regular meeting held May 22, 1972, by a vote of 5 ayes and U cays. Louis B. Nerhauser, Mayor Attest: Ralph actin,Clerk- minis rator RESOLUTION #446 A RESOLUTION APPROVING THE CONCEPT OF BIG ISLAND AS A PUBLIC PARK BE IT RESOLVED by the Village of Orono that it is in the public interest of the citizens of Orono that "Big Island" become a public park. It is acknowle-'Qt-d that public sewer is not available to serve the existing homes Big Island anL' due to various reasons it is improbable that public sewer will ever be available, and FURTHER, it is acknowledged that the provision of public services including police and fire protection, street repair, snow removal, inspection and other normal municipal services are difficult, uneconomical and virtually impossible to provide to residential property located on Frig Island. THEREFORE, IT IS RESOLVED that the Village Council of the Village of Orono deems that the long range highest and best use of Big Island is for park purposes. The Village of Orono acknowledges that the park shc-ild be administered by an agency with county -wide responsibility and would approve of its management by Hennepin County Park Reserve District. Adopted by the Village Council of the Village of Orono, Minnesota at a regular meeting field May 22, 1972. Loin s lis. ober ll, avor Attest: Ralph actin, C-1t:rk-Aaministrator RESOLUTION N447 A RESOLUTION APPROVING PLANS ANT) SPF.CI FICATIONS FOR TIFE I MPROVEYLNT OF HIGHWAY NUME ER 12 At a regular meeting of the Village Council of the Village of Orono duly hold on the 22nd play of May, 1972, the following resolution was offered by Councilman Rutter, rvc:onded, by Councilman McCarthy, to -wit: LANk_U L PRIVATE OFEN SPACE iu'JL, 1980 A significant amount of the recreation -open space in Orono is that controlled by private golf and country clubs. Large acreages are are owned by the Wayzata Country club, Woodhill Country Club, and Lakeview Golf Course. While technically private, these areas provide open s,,ace benefits to all nearby residents plus active recreational facilities for many Orono and lake area citizens. LAKE MINNETONKA ISLANDS Land on Big Island, Mahpiyata Island and Deering Island has been privately owned for years and has been used for a significant number of seasonal cottages plus a few year-round homes. The City of Orono cannot provide cost effective public services to these islands. Homes have been lost because of fire, vandalism rate, are significant, sanitation and garbage problems exist, and transportation problems are difficult. Therefore, it has long been the policy of the City to encourage eventual public ownership of t},e .glands as recreational resources for general lake users. The City continues to encourage co:itrol by the Hennepin County Park Reserve as the most appropriate agency for this purpose. The City understands that this conversion is a necessarily slow process. The City does not intend to encourage condemnation or active acquisition programs. The City does encourage the Park Reserve to acquire any and all island property as it becomes available. In the in-erim, the City will continue to allow rural residential land use subject to strict enforcement of all performance standards and the explicit understanding that. the City will never be able to provide even basic puhlir servicec. CMP 4- s1 l CITYof ORONO PoKt Office Nox Ni•Cryatal Ray, Minn-1A F)!,:JL1*Municipal (_ffit" On the North Shorn of Lake Minnetonka December 13, 1965 Secretary Carl Falkowski C/O Military Order of the Purple Heart 2nd Floor Veteran's Service Building St. Paul, Mtn 55155-2079 Dear Mr. Falkowski,- The following letter is written to brief ly outline some of the issues and requirements that will be attendant to .any development work to be done on the property with the following remarks being in reaction to the proposal submitted by Setter, Leach 6 Lindstrom a',. your December 2, 1985, Board meeting. This letter is in no way to be construed as a total list of the requirements, but just a general survey of items that may be encountered with this conceptual development. This letter is written strictly as an aid to the members of the Board of Governor's in their decision making process and it is not intended to in any way limit the City or any other regulatory agency in the appropriate application of any of the applicable rules or regulations. The City would need to be given detail plans, drawings and other inf.)rmation of an actual proposal in order to identify ali r gulati:)ns that need to be met. The following represent proces:-e ss that may need to be undertaken to accomplish any development on the site. RF.CONSTRUCTIOt7 - While the Setter, Leach study indicated that it was not economically feasible to fixi:p the cabins, it is anticipated that this is an option at least in the Irnds of some of the Board members. it should be remembered that reconstruction of many of the cabins may not be feasible without spccifis approval of the Orono City Council as the (7,jvt of repair by a contractor would exceed 50% of the current fair market value. Add itiona11y while recommended in the Setter, Leach study that reconstruction of the boathouse be undertaken; approval not only of Orono but other regulatory bodies may wo 11 be required in order for such reconstruction to take place. it has traditionally been Orono's policy in the past not to allow reconstruction of such tboathouses on the lake. The only tI'n tNru. /IlN1N1: 471- as ; a %I)MIMSTR %710% & 1 1% %%(1 -- 47) 7{54 • rt RI K WORK% 17) 7 "9 AW NSIW. except ion in the past 10 years has been the histor ica 1 ly significant pagoda on the Noerenberg Park property. CONDITIONAL USE PERMIT - The type of use that the Veteran's Camp has engagec�irequires a conditional uce permit under the Orono City code. Since the use has been discontinued foi over 12 months and in order to either utilize the Camp with the existing buildings or to remove and reconstruct with new buildings, the granting of a conditional use permit from the Orono City Council would be required. Additionally it is questionably under the code if any building could be used for other than seasonal use without requiring an ordinance amendment. MULTIPLE DWELLING BUILDINGS - In a review of our ordinance app?icable is she district this type of building is not a• permitted use and would most probably require an ordinance amendment on behalf of the City of Orono together with an attendant conditional use permit to permit construction of such buildings on the sit(-,. MINIMUM STANDJiRDS - Developmont which would not be able to meet these standards would require variance approval by Orono City council in order for the development to proceed. Lot Size Per Unit - Under the require once acre —of property. for overnight camps. Building Size_ - A building size a minimum of 409 square f.e-`. code one dwelling unit would This minimum is applicable only for such a unit would require SUBDIVISION - In order to undertakes any subdivision of the property as was proposed under a couple of the alternatives prior to sale of the land, would require Council approval. It should additionally be menti-)ned that any subdivision would require that each lot contains a minim_,::, of 5 acres of dry 13nd under the present zoning. OTHER Building Permits - Under the Zoning Code, construction of any skructures on 3ig Island would require review of the building permit a, far -is site location, size, etc. and approval by the City Council. Docks - Docks would have to conform to requirements of the City oF-`Otone together with any other agency's applicable regulation including Lake Minnetonka Cons,arvation District. Landsca irij,_liikinq_iTrails_etc. - Any sir,nificant land alte`.cation w0u1_d-requre being in conformance with applicable City of Orono and other agency's regulations. Piro Protection - Under the: zoning an(l nui iding Coelr the private property owner is required to provide adequate on -site fire protection for the developmert. A:: trig ,sland is in11ccessibl-- 2 generally to public safety services this could include, but riot limited to complete fire hydrant system, fire suppression equipment and/or built-in fire suppre;lion systems in the buildings. The above listing represents the most significant items identified at this time. In addition to meeting all the regulations (or receive variance approvals thereto) together with applying for appropriate permits, any development must. meet all other applicable codes including the State Building and Fire Code. As you may be aware the City of Orono has been holding in abeyance for the past four months, passage o:: resolutions that. would declare all the buildings on the :site as being hazardous.. This would initiate a legal process which would result in the Court determining whether the buildings should be fixed or removed and if they,are to be removed setting the date for the removal. If ordered to be remo-ied and not accomplished by the owner by the deadline date it is anticipated that the Court would ;.ermit the City to remove the buildings and assess the cost of removal against the property. The City has been delaying commencement of these proceedings since individuals interested in the Camo have been making some progress in removal of some of the w t buildings on the site. The City is however concerned about ,e condition of the current buildings and if appropriate action is not taker, on a timely manner the City will need to proceed with this action in order to rectify the problems. Should you have further questions or comments as to the impact. of Orono's requirements as they may relate to develoiment of the site please feel free to contact me. i n c,e r�e 1 Cq Mark n_ nh rdson :its Administrator cc: Marty Jesson, Hennepin County Park Reserve: Jeff Olson, Department of Veteran's Affairs ,Leanne 14abuut:h, Zoning Administrator Tom Jacobs, Ruilding Inspector 3 C` 1 T Y of ORO NO Nutit Offire Nix Cfi•Crymtal flay, Minneauta !i i'Li*Munu,pai offira On the North Share of Lake Minne onka January 10, 1986 Secretary Carl Falkow�,ki Military order of the Purple Heart 2nd Floor Vetern's Service Building St. Paul, MN 55155-2079 Dear Falkowski, This letter is written as a follow up to the letter dated December 13, 1985, which genera _ily set forth the requirements that would need to be met in order to develop the Big Island Veteran's Camp in the manner outlined by the Setter, Leach and Lindstrom study. Part of that letter indicated that the Veteran's group would be required to obtain a Conditional Use Permit based on the proposed uses of the property. The City ha:: recently learned of your desire to use the property as a tenting facility during tt,,_ spring, summer and fall of 1986. In ,rder to be able to tent on the site, the Board of Governor's will peel to undertake the appropriate procedures to obtain a Conditional Use Permit for that activity i'., a timely fashion. T:nclosed please find an application for a Conditional Use Permit. As for the hazardour buildings pr-)cee3in-js that the City of ')rono has been holding in abeyance, the City will be looking for a plan from the Board of Governors to deal with these buildings in a timely manner. (We understand that some of the buildings have been removed and we are also now of the understanding that the Board of Governors is not yet in receipt of its monies from the State of 'Minnesota.) If the Boarl of Governors however in unable to formulate a plan within the next two months as to time of demolition or correction -)f same, the City will initiate such action. It should be noted that :as part of the Conditional Use Permit process to allow tenting on the site, the City may condition the granting of any such permit upon development and implementation of y^ur proposed plan. 1 at'n WN; A 1ON1%4; - 413 735 7 • A104INIS IN 1. WON 4 FI% %%( t 1' 1 n -IN M M ORS 47 $ 7.1$M Asia sS1ati Secretary Carl Falkowski January 19, 1986 pa,je 2 Sl-.ould you have further questions or comments, please feel free to contact either Jeanne Mabusth our Building and Zoning Administrator or myself. nce±rely Ma�k E. Bp rdson City Administrator Enclosute CC: ?Marty Jesson, Hennepin County Park Reserve Jeff Olson, Deparcmew. of Veteran's Affairs Jeanne Mabusth, Build.ng 6 Zoning Administrator -7bo Jacobs, Building Inspector V 5 10.31 lake, upon the land wetlands, upon neighboring or nearby properties, and that e., private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as lows: 1. The minimum dry -buildable record lot area requirec for approval of a day -use recreation area conditional use permit without a variance shall be 5.0 acres. If the number of expected users at any one time exceeds 100, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per 20 users. 2. The minimum lot width at the shoreline shall be 200 feet. 3. The cluo, association or group shall each year obti!,in a joint -use dock license f4om the City and from the Lake MinnetonKa Conservation District, and shall at all times abide by all terms thereii,. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. 4. Any swimming area shall. be suitably marked off and separated from boat traffic areas, and safety equipment or supervisors shall be provided as may be required by the Council. 5. On -site sewage treatment shall be provided in conformance with the requirements of Subdivision 12 of this Section. 6. All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall he approved by the Coilncil as to size, location and proposed use prior to issuance of any building permits. 7. The property shall be provided with telephone service for a::iergency use. 8. '.'he lot or parcel shall be located directly on the shoreline or o' r access shall be available via a privately improved and mA nta3nt.o access to the shoreline. 9. All property in common ownership shall be combined into one tax parcel if contiguous; or separated by public rights -of -way, a special lot combination form shall be executed and filed in the chain of title of each separPta parcel. D. Overnight Camps. land oL 4ruct ires owned or used by any public agency, uni t of gov iment or any pr ivste club_, association or group for overnight or ended camping by families or individuals, including related activities such as boating, swimming, fishing, picnicing, athletic fields or nature trails. This category includ!.s overnight scout, church, YMCA t.)r YWCA, Park Re-e-ve and Veteran's Association cramps. A conditional use permit may be issued for an overnight camp provided the applicant demongtrat:.,.3 and the Council finis that the property is, large ORONO CC 308 (4-1-84) y 10.31 enough to support the proposed use without adverse effect upon the lake, upon the land or upon neighboring properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows: 1. The minimum dry -buildable record lot area required for approval of an overnight camp conditional use permit shall be 5.0 acres. If the number of dwelling units exceeds five, the minimum lot area required shall be increased to maintain a ratii� of at least 1.0 acre per dwelling unit. F'or purposes of this Subdivisi , one "dwelling unit" shall mean up to two developed camping s s for tent camping or each separate cabin or structure used for �eping purposes, whether or not such cabin or structure includes �parate toilet or kitchen facilities. The minimum lot width at the shoreline shall be 200 feet. 3. Any common kitchen, dining room or eating facility shall conform to the requirements of Hennepin County Environmental Sanitation Fooc Protection Ordinances, including all applicable licenses and inspections. 4. The camp operator shall each year obtain a joint -use dock license from the City and from the Lake Minnetonka Conservation District, and shall at all times abide by all terms therein. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. 5. Any swimming areas shall he suitably marked off and separated from boat traffic areas, and safety equipment or supervision shall be provided as may be required by the Council. 6. Toilet and sanitation facilities, including on -site sewage treatment systems, shall be provided in conformance with Minnesota Heaith Department regulations and the requirements of Subdivision 12 of this Section. 7. All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by the Council as to size, location and propcsed use prior to issuance of any building permits. 8. The property shall be provided with telephone service fc?.r-=mergency use. 9. All cabins or other structures used for sleeping purposes :shall be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. 10. All assembly h-i i ld ings or portions thereof hrivinq an occupancy load of fifty persons or more shall be equipped with fire extinguishing equ nment consisting of hand-held fire ORONO CC 40(, (4-1-44) 5 I0.31 extinguishers and either an automatic: fire sprinkler system or other means of fire supression equipment as may be approved by the Council. 11. An emergency preparedness plan shall be required to address fire protection, medical emergency and police public safety services for all. times the camp is occupied. 12. All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights -of -way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. E. Manned Residential Development Subdivisions limited to detached one -family seasonal dwellings only, subject to the minimum 5.0 dry -buildable acres per dwelling unit net density otherwise required in the "P%S" District, and subject to the limitations of Section 10.32. The minimum total land area for a "PRD" Subdivision shall be 20.0 acres. F. Animals subject to the provisions of Section 10.20, Subdivision 3, Subparagraph K. Subd. 4. Accessory Uses. Within any "RS" Seasonal Recreational Pistrict, no accessory structure or use of land shall be permitted unless a permitted or conditional use is first established on such land, except as allowed in Subdivision 2, Subparagraph B of this Section. Once a permitted or conditional use exists on any lot or parcel, no accessory structures or use of land shall he permitted except for one or more of the following uses: A. Docks conforming to City and hake Minnetonka Conservation District regulations, not to exceed one slip per 50 feet of shoreline width, or a maximum of four slips per property, whichev r is less. An annual joint -use dock license shall be required for any non-residential dock and;%or for any property having more than four slips. B. Not more than two accessory buildings used for storage, service or other non -habitable purpose. No such individual building shall exceed 1,000 square feet in floor area, and the sum of any two buildings on any record Lot shall not exceed 1.,500 square feet in floor area without a conditional use permit. Accessory buildings used as barns or stables shall be subject to this area restriction and to a conditional use permit pursuant to Subdivision 3, Subparagraph F, ir_cluding a 150 foot setback from all property lines. C. Not more than one accessory private quest cabin not to ex-ped 600 square feet in floor area pursuant to Subdivision 3, Subparagraph B, Item 6. D. Open decks, patios, screenhouses or or ivate 0 reenhousen . ORONO CC 310 4-1-84) B I G I S I. A N D VETERANS CAMP Planning aric" �14te Evaluati-nn Stu(jv Setter Leach and Lindstrom, Inc. Architects Engineer°s and Planners INDEX i NTRO RICT I ON ASSUMPTIONS EXISTING SITE SITE DEVELOPMENT CABINS HOUSING LAND SUBDIVISION APPENDIX CONCLUSIONS INTRODUCTION The objective of this report is to evaluate the existing site and to develop a plan for reuse and/or reconstruction of the site based upon economics, building codes, zoning ordinances and appropriate planning considerations. The option of selling a portion or portions of the site in order to develop capital to start construction is also evaluated. ASSUMPTIONS This study was li;nit '' to the site as described in the next section. 3n appraised value was dc' .rmined for the entire site, the cost of developing a new ;.amp o�+ an entirely different site is beyond the scope of this report. The 1985 Means Building Construction Cost Data Guide was used as a basis for building cost comparisons. However, until an actual program is developed, new buildings designed, and a scope of remodeling completely defined, these costs are only approximations based upon the development of the Camp as described in this report. The appraised land values were developed by Appraisal Associate.- -f Hamel, Minnescta. Because of the limited number of islands in Lake Minnetonka, and a limited number of offerings, the appraisal used sales over the last seven years in an attempt to arrive at a reasonable estimate of fair market value. A copy of the Real Estate Appraisal Report is available for review. Site drawings are based upon an aerial photograph by Mark Hurd Corporation, April, 1985, and topography from a map prepared by the U.S. Geological Survey dated 1958 and revised i^ 1972 and 1975. A new registered land survey has not been commissioned for this property. EXISTING SITE The site as shown in the following drawing is surrounded by Lake Minnetonka anti rc nliin% a total area of approximately 57.7 acres. During the temperate seasons, acce � U., the site is by boat. A dock is currently provided by the City of Excelsior, approximately 1.6 miles due south of the Island, for the Veterans' Camp shuttle service. The site is located within the jurisdiction of the City of Orono and is zoned RS, Se<is+�nal Recreational District. RS guidelines include the Veterans' Camp as a permitte,4 use, although a special use permit is required for all new or rem ',led uses in an R5 district. Because the Island is not serviced with sewcr or water utilities, gartige collection, or complete police, fire, medical emergency or other municipal services, special previsiclns are required of any development within an RS district to help alleviate potenti:jl prob'ers caused by the lack of these services. Most of the existing buildings are poorly sited and in a deteriorated condition. lwo clay tile and stucco, Spanish -style buildings (the Wcrk Building and the Bath House) are it such deteriorated structural condit'lon that they are hazardous and should be demolished at the earliest stage of the Camp redevelopment. Berg Hall, also a clay tile anti stu,`c%;, spanish-style building, is in better structural condition than the other two tilt buildings, but would require structura, correction and much additional work to make it code compliant. The substantial cost of that work, combined with the buildiN. s'S less t►-.,in 4deal siting and limited future use, deem it unreasonable to restore. It shouli also be demolished early in the redevelopment With the exception of the cab°n� on the south hill and several cabins in the north hill area, the existing cabins do not take proper advantage of view; and prevailing breezes. All of the cabin, require so much wcrrk to mdkt. them code compliant and habitable, that it is not economically viable to restore thras. Some of the work required includes: new continuous frost footings and foundations, new roofing, painting, installation of an egress window, new wiring, a smc:;r detector and replacement of rotten wood. They should be systematically demol.Aed and replaced witri modern, properly located facilities. The existing Dining Nall, although not architecturally significant, is in relatively 900.1 condition, commands a dominant, central location on a hill with views all around and good access to breezes, and carries historical :ind sentimental va'•re. The building requires foundation work, painting, new screens, window repair, secu• panels, new lighting, a sprinkler system, an area separation wall, and removal of debilitated porch appendages. Although the buildinq could be replaced for only slightly more than the cost of restoration, it is recommended that the building be remodeled and reused because of its location and the nostalgic value it has with many veterans who have used the CarV for years. The goat 14�uuse is in very poor condition primarily because of crumbling foundations, which are damaged further every ;Tinter by ice. Although not economically advisable, it is recommended that restoration of the building and new foundations be provided, because a new boat house could not be built within current zoning requirements (a 75-foat setback requirement from water's edge). The present site is abundant in natural beauty and, in the redevelopment of the site, th e beauty can become even more accessible. Cabins and camping areas should be located on bluffs with views both out to the lake and into natural areas, capitalizing on to prevailing breezes. The two marsh areas, each with their distinctly different form.; ,,,f vegetation, should be observed from developed trails with various plant spc:it-) identified. In general, a thorough cleanup of the grounds is required, including r�-xfval of felled trees and dead brush. The existing beach at the southeast corner of the Island is well located, but should be cleaned up and provided with proper support facilities such as playground equipment and toilets. The present dock area is well located in a semi -protected cove, but could be improved with a breakwater immediately south of the clocks. The present docks have suffered from, icp damage and need to be replaced. The only formal part of the Island, the open lawn area or "grand r^all" which extenIs from the concrete terrace at the dock area to the Dining Hall, should be restored to its original condition because of its focal position on the Island. This would include the rehabilitation of the concrete terrace and regrading of the lawn area to eliminate the irregularity of the present terrain. BIG ISLAND VETERAN CAM 1' Planning and Site Evaluation Study Orono, Min of :-w3ta Existing 'S:,t SITE DEVELOPMENT The site development plan shown on the following drawing indicates general site improvements described in the previous section. The "grand mall" has been strengthened and given further definition by locating staff housing along one side and a motel -type housing building along the other. Staff horsing has been located here to centralize supervision, to provide accessibility to staff personnel and to guarantee better camp security. With adequate winterization, the handicapped-accessijle, motel -type housing building which will be described later. together wi!h the dining hall and staff housing, could provide the abili •) operate a winter program on the Island with centralized facilities and a minimal -.wnt of snow removal. Eleven new cabin clusters, which will be described later, have been located on bluffs to maximize views and access to prevailinq breezes. The cabin clusters have been grouped, such that two or three buildings could share water and pow^r lines and a septic tank system, and to provide distinct cabin communities. A tent camping area is located on the side of a bluff along the 'ern side of the Island. The 25 sites would each have a level platform for erecting a picnic table and a f irepit. A separate toilet and shower building is provides for the camping area. and four separate water and trash collection stations would be provided. A trail system is shown as a dotted line around the perimett''°r %;= the Island, as well as developed nature trails in the two different marshy areas. A rc,ad system (the heavier double line) was developed using -,,-,me of the existing roadway% and paths. These gravel surfaced roads double as mail; pedestrian paths from cabins to the dining hall and could permit access to cabins by handicapped persons through the ust of qolf cart type vehicles. Centrally located, reasonably level clearings are indicated as recreation areas proximate to the central Dining Hall, and are suggested .areas for team sports activities. The lawn of the mall area is suggested for quieter activities, such as croquet. The swimming beach is provided with a dock, diving platform and is roped off for safety and as a separator from boats. A picnic area, toilets and playground could also be provided at the swimming beach. The main dock has been moved further east and a breakwater shown to provide a well -protected dock area. Docks for recreational boats are also provide,. It is recommended that all docks be of seasonal type construction. The existing boat hou.e would be restored to provide a secure, protected space for boat and equipment storage. The existing dining hall has been retained as described in the previous section. The present additions on the north and east sides have been removed to restore the building to its original appearance and a eparate fire -rated and health code compliant kitchen building has been added, connected to the Dining Hall by a covered walkway enclosure. The food serving are? would continue to be in the dining hall, but would be completely remodeled. In order to retain the exposed wood structure, the main hall must be reduced slightly in size to 4,500 SF (300 occupants) by a permanent partition that would also provide a library space. An office, infirmary and camp store could also be located in the dining hall building. The domestic water system would include the exist4ng we'1 and pump, a new ground storage tank, distribution piping and a small hydropneumatic system at each housing building to provide adequate pressure for showers and flushing. A fire protection system must also be provided, comprised of water supply from the lake or the well, a fire pump and a water distribution system to hydrants located at the cabin communities. The fire prof?ction and domestic water systems could be combined to reduce maintenance although initial cost would be about the same. Both water systems must be drained each fall. We recommend that serious consideration be given to an underground electrical power distribution syste for both safety, aesthetic and maintenance considerations. Ran Staff LAWS of 4' Matra �. Tro" 191— BIG ISLAND VETERANS CAMP Planning; acid Site Evaluation Study Orono, Minncssota Site Development, Scheme 1 i • w• a• "a a 0 CABINS The floor plan of a suggested cabin building is shown on the following drawing. It is designed as a connected cluster of family units for flexibility, camp Pr convenience anj t.;) minimize disruption of existing terrain. Four family cabins and a toilet/shower facility are connected with a common deck protected by a common roof. The toilet facility is located in the multi -cabin structure to increase camper convenience, while still maintaining some rustic quality, and to conform to current building codes and zoning ordinances. For flexibility, each of the four family cabins is divisible into two single rooms for individuals or married couples. Also, pairs of family cabins may be opened to each other by means of a door to provide a common space, with bunk beds, suitable for use as a youth camp. As a youth camp, each multi -cabin building could house 32 youngsters and 2 to 4 counsellors. The total site development shows eleven cabin structures which would house 44 families, or up to 88 individuals or couples if each cabin was divided. As a yrwth camp, as many as 350 children could be accommodated. HOUSING Twenty motel -type units are included in the housing structure shown can the following drawing. The plan indicates the tipper of two floors. The lower floor would be accessible to handicapped persons by direct access to grade, while the upper floor can be accessed by a ramp extending north from the building to meet the sloping grade. The design of all of these units would follow handicapped accessibility guidelines. As described previously, this structure could be winterized for a possible winter camp program. This building would house twenty couples or families. 'Maximum capacity would be 80 people at four per room. Cabins BIG ISLAND VETERANS CAMP Planning and Site Evaluation Study Orono, MinnewAa U '' LAND SUBDIVISION As indicated on the following two drawings, portions of the current property could h divided off and sold in order to develop capital to start reconstruction of the Carc Adequate land area still remains in either scheme to maintain a camp program, althoug cabin density would be greater and there would be a slight reduction in total cabi quantity. Scheme 2 indicates a sale of approximately one third of the property, or about 18 acres. Scheme 3 indicates a sale of approximately 45% of the property, or about 26 acres. BIG ISLAND liuE VETERANS CAMP ob d (Y, not 1 1 �IIkt.sw O c • MA �A..��'` Planning; and Site Evaluat ion Study Orono, M i n nesot-ti Site Development Scheme l i BIG � r 3 ISLAND VETERANS \ � CAMP Planning and Site Evaluation OP , Study Orono, llinne4m3tm Live rV,�- - 1. & Dow& l Site Development Scheme 3 Ll M /A APPENDIX COST ESTIMATE Demolition of existing tuildings Restoration of dining hall, boat house and landing New Construction Cabin Cluster Building $36,000 x 11 = Motel -Type Housing Building Staff Cabins 536,000 x 3 = Kitchen Building Toilet Buildings Subtotal Sitework Clearing and cleanup Roads and trails Mall regrading and sod Campsites Swimming, picnic and play areas Boat docks Breakwater Utilities and septic systems Fire pump and hydrants Subtotal Kitchen equipment, athletic equipment and furnishings Fees, tests and consultants Grand Total $946,0OO 500,000 108,000 125,000 95,000 S25,000 45,000 35,000 20,000 13,000 8,000 100,000 211,000 178,000 40,000 275.ODO i., 774,O(1t:1 535,C100 276,00 300.000 S3,3100,1:0_10 CABIN COST COMPARISON New cabin building = $86,000 - 4 = $21,500 per cabin including a share of the cast �.1 new toilets and showers. Rest•,re existing cabin = $18,200 plus the cost of a share of restoring the toilets an(, showers at $3,000 - $5,000 per cabin which equals approximately S22,000. LAND APPRAISAL Value of land shown to be sold in Scheme 21 S105,000 Value of land shown to be sold in Scheme 3 $175,000 Value of entire property S350,000 CONCLUSIONS This report evaluates the existing site and propo,;es ultimate site development guiiel,::s, Costs shown in the Appendix are for the total site dvelopment as propo4ed. A phased approac0- _ ch would include as the first phase., all demolition and restoration work, a new camping area, three cabin build",ngs, boating and swimming facilities and sufficient roads, paths, utilities and fire protection to service the facilities constructer; ^ijld resu't in an initial cost of approximately S1.6 mi , 1 ion, abfxjt half that of the total project. Possible sources for funds include pledies from various Veterans' groups and individials and potential government funding programs. An awareness campaign also needs to be developed to publicize the development. Although the appraised values are less than expected, selling a small portion of the Island would also help offset overall costs and educe the total size and cos! of the project. This report was prepared by getter, leach and Lindstrom, Inc., Architects, Engineers o,id Planners on this date, October 28, 1985. 22886.3 / 14AR 10 1�36 TO: Mayor and City Council FROM: Mark Bernhardson, Ciry Administrator�l.� DATE: February 28, 1986 SUBJECT: -rdous Buildings Procedures Attached please find resolutions regarding the hazardous buildings proceedings for the following addresses: 1385 Cherry Place 3220 Watertown Road - Resolution available March 10, 1986 To date we have not had any response from these building owners. It should be noted that the last hazardous buildings proceedings that were passed in August have been realized without having to resort to the Courts to assure removal. The sole exception has been 3598 Nor':n Shore Drive and they are accomplishing the foundation removal this week. Additionally, it should be noted that we commenced notifi.,ation for three other hazardous '�uildings ir. the past three mont'"s and ti.-- owners have given us zher a iate for removal or corrected the problems. Copies o` these resolutions '.lave b( on sent to the appropriate owners and recommendation t'-ithe hazardous buildings proceedings be passed. We witi. '-he owners adequate time to give us a schedule for acts Absent that, we will file hazardous buildings proceedinyp the Court within 30 days. S')oull you have any further questions or comments, please feel free to contact. me. PROPOSED MOTION - 'loved by , seconded by _, that the Council adopt resolutions number thru __, which commence hazardous buildings against the respective properties. Ay^s Nays City of ORONO RESOLUTION OF THE. CITY COUNCIL NO. A RESO" `1TION ORDERING ABATEMENT OF HA I. TDOVS BUILDING ACTION AT 3220 Watertown Rd, Orono WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and. WHEREAS, Carol Senn, 940 South Brown Road, Wayzata, Minnesota, 55435; is the fee owner of record r-f roperty located at 940 South Brown Road, Orono, Minnesota, ' referred to as the Property, and legally described as fell E 1/4 of the S.F. 1/4 of the S.r.. 1/4 Except Road WHEREAS, the City Council of the Ci':y of Orono, having duly considered the matter pursuant tc, Minnesota Statutes Sections 463.15 to 463.261, hereby finds th,,t the aUuve descri>>ed prcper-ty is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Buildinc,, is vacant, without maintance being done. 2. Electrical wiring is in a state of 'isrepair and is a potential fire hazard. 3. No sewer is available. 4. The surrounding area around the building contai -is high weeds and brush which create a fire hazard. 5. Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard , -suant to Minnesota State Building Code/Uniform Buildin•, Code, Section 203. 6. Orders to reWe or repair the structure were i.1sued by the Building Official on February 3. 1986. These orders have not been complied with. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED as follows: 1 . That the City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to raze and remove the structure on the property. The Council further orders that all personal property or fixtures that may unreasonably interface with the razing be removed within twenty (20) days of the service of this order or the City of Orono may remove and sell such personal proF-�-,rty or fixtures at a public auction in accordance with the law. 2. The City Council of the City of Orono further orders t? at unless this corrective action is taken or an answer is s-rvc-d upon the City of Orono and filed in the office of the Clerk of District Court of He. pi county, Minnesota, withir twenty (20) days from the date oL the arvice of this order, a motion for summary enforcement of this order will be made at District Court of Ifennepin County. 3. That the City Council of the City of Orono fur, -her orders t',at if the City is compelled to take corrective action ,erein all necessary costs expended by the City will be assessed against the real estate concerned and collected it accordance with Minnesota Statute, Sect -Jr- 463.22. 4. That the Cit, Council of the City of. Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this Order and to assess the cost thereof against the real estate described above for collection, along with taxes. Adopted by the City Council of the lity of Orono, Minnesota, this — day of _ _. 1966 APPROVED: F.ary C. Butler, Mayor ATTEST: Dorothy M. , Nall, City C er -_.._ Page 2 of 2 ,4/44 Cit`' of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 1385 Cherry Place, Orono WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and. WHEREAS, Harold Haug, 6804 Hillside Lane, Edina, Minnesota, 55435; is the fee owner of record of property located at 1385 Cherry Place, Orono, Minnesota, herein referred to as the Property, and legally described as follows: Registered Land Survey 0615 Tract. B WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Total water damage inside from leaking floor - ceilin, fell. 2. Electrical is in very bad condition because of the moisture. 3. Roof in poor condition. 4. Heating system in poor condition. 5. Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. 6. Orders to remove or repair the structure were issued by the Building Official on March `;, 1986. These orders have not been complied with. Page 1 of 2 City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of. the City of Orono, pursuant to the foregoing f.4ndings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to raze and remove the structure on the property. The Council further orders that all personal property or fixtures that may unreasonably interface with the razing be removed within twenty (20) days of the F-!rvice of this order or the City of Orono may remove and sell much personal property or fixtures at a public auction in accordance with the law. 2. The City Council of the City of Orono further orders that unless this corrective action is taken or an answer is served upon the City of Orono and filed in the office of the Clerk of District Court of Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made at District Court of Hennepin County. 3. That the City Council of the City of Orono further orders that if the City is compelled to take corrective action herein all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota ,Statute, Section 463.22. 4. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the "ity to take such action, prepare, sign and serve such papers as are necessary to comply with this Order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this day of . 1996 APPROVED: Mary C. But er, Mayor ATTEST: Dorothy M. Hallin, City Page 2 of 2 a r r rIN CITY OF TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato U DATE: February 28, 1986 SUBJECT: ?.iquor Store Operations 1935 Attached please find the final statements for the Liquor Store Operations 1985. Intitially it was projected in January that we were at a $5,030-6,000 loss. The final statement indicates a $8,601 lass, however, we woul.j r,.commend that we continue in the swine plan as adopted back in January. Through the end of February the sales have been on target with sales needed to meet the first quarter targets, in fact the expenses to date have been in line with those projected. Based on that we feel, as of right now, that the targets for 1.986 can be met. PROPOSED MOTION - Moved by , seconded by , that the Council adopt the information presented for the Liquor Store Operation 1995 and direct staff to closly monitor the operation. Ayes Nays 0 ASSETS Current Assets: Cash and investments Returned checks S credit card charges Accrued interest receivable Prepaid expenses Inventory for resale Total Current Assets Property and Frjuipment: CT OF ORONO MUNICIPAL LIQUOR STORE. BAI.4NCE SHEET December 31, 1985 ------------------ December 31, 1984 ------------------ $28,486 $38,089 428 189 711 964 1,250 - 101,099 101,258 ------------------ $131,974 $140,500 Leasehold Improvements 725 Equipment 25,763 ------------------ $26,488 I.ess accumulated depreciation (22,933) Net Property and Equipment 3,555 Total Assets 5135,529 LIABILITIES ANn FUND EQUITY Liabilities: Accrued wages payable $522 Accrued retirement pavable 316 Accrued credit card experse ]71 Accounts payable 12,153 Due to State (Sales Tax) 3,716 Due to Federal Gov't (Liq. Tax) 2,833 ----------------- Total Liabilities Fund Equity: Retained earnings J«nuary 1 $129,412 Net income Jan. 1 t. Dec. 31 (8,594 Transfers to General Fund (51000 ----------------- Total Fund Equity Tr)tsi Liabilf.tfes i Fund Equity 725 25,763 ------------------ $26,488 (21,223) 5,265 $145,765 s e m a s.:ssv $2,615 261 170 9,632 ?,669 ------------------ $19,711 $16,353 $135,295 9,117 (15,000) ------------------ 115,818 129,412 ---------- ---------- $115,529 $145,765 eswr:=ws:M VMM a MMM� i Sales and Cost of Sales: sales Sales discounts Net sales cost of sales Gross Profit After Sales Disc. Operating expenses: Personal services Supplies Insurances Building rent Other services a charges Depreciation Total Operating Expense Operating Income (Loss) Nonoperatinq Revenue: Interest on Investments Other Total Noroperating Rev. Nat income f Loss I CITY OF ORONO MUNICIPAL LIQUOR STORE STATEMENT OF REVENUE AND EXPENSES Three Months Ended December 31 Twelve Months ----------------------------------------- Ended December 31 ----------------------------------------- 1985 1984 1985 ----------------------------------------- 1984 ----------------------------------------- Amount • Sales Amount • Sales 1,mount • Sales Amount • sales $118,730 100.000 $106,525 100.001 5445,967 100.001 $426,169 100.00• 4,851 4.091 1,894 1.781 13,984 ------•------------ 3.14• 6,659 ------------------ 1.56• ------------------ 113,879 95.911 ------------------ 104.531 98.22• 431,983 96.660 419,510 99.440 83,0:1 69,97% 74,2Q6 69.75• 316,481 70.972 299,260 70.221b ----------------4- ------------------- --_---------- - ------------------ $30,808 -5.942 $30,335 28.471 $115.502 25.891 $120,250 28.220 22,383 18.85• 1,048 0.88• 1,613 1.36• 3,750 3.161 4,472 3.771 428 0.36• 31,694 28.30• ---------------- (.'.,Knb1 -2.44% lie 0.10• 887 0.75% __________________ 1,005 0.851 (81,8811 -1.591 20,109 19.08• 324 0.30• 455 0.43• 3,750 3.52• 2,898 2.7214 437 0.41• 27,973 26.26• 21362 2.2$1 989 0.93• 46 0.00 ------------»_-._ 1,034 0.940 ------------------ $3,396 3.194 86,985 19.481 2,571 O.SBt 5,841 1.310 15,E r 3.361 14,1, 3.121 1,710 0.18• 126,792 28.43• (11.290) 11618 0.360 1,078 0.24% ------------------ 2,696 0.602 (88.594► -1.941 90,114 18.901 1,593 0.370 2,742 0.640 14,900 3.504 13,792 3.240 1,730 0.41• 114,891 26.960 ----------------- 5,159 1.26• 3,4-9 0.820 274 0.0`6 ------------------ 3,758 0.890 ------------------ $9,117 2.140 GR088 PROFIT ON SAL84 G20" FROt2T 0! SAM ----------- ���«A A�•r�.+.�..� --- TYPE ciP SALE A _--__--� -------------------- - � ; Liquor - sale• 39.130 39.95• 35.501 34.70% 28. M 36.024 33.491 27.691 - profit 38.561 30.371 37.410 29.33• Mine - •alas 30.0% 28.990 27.120 31.761 34.011 24.910 29.171 24.960 - profit 33.87 33.411 32.690 34.240 Deer - sales 29.010 29.12• 34.401 30.291 25.36• 36."1 35.241 20.041 - profit 24.92% 25.001 29.n7• 30.21• mix a Misc. - sales 2.410 2.041A 2.981 5.151 31.73• 2."% 2.100 23.310 - profit 2.651 33.010 0.830 12.2116 TetMls - sales 100.001b 100.00• i00.00• 100.001 29.03% 100.00• 100.000 29.TOO - gross profit 100.000 10.031 100.00• 10.254 3.144 - sales discounts 4.090 1.78• ------ 25.942 ---ZR.4 • 25.69% 28.22• a<Vrl cA1usis8 •A* reflect sales/9roee profit as a Pe[teat of the total sales/gross profit cola"M •8• raftaot gross profit as a percent of the ty" of Dal• 22t386.5 COUNCIL 4n-r SING TO: "Mayor and City Council 10 1?36 FROM: Clark Pernhardson, City Administrator`-6 l'31TY ®r F DATE: Pebruary 28, 1986 SUBJECT: Casco Circle Park/Snuwmobilc-; As you may recall at the February 10, 1986, meeting the City received a letter from Audrey Gallistel outlining the request that snowmobiles be prohibited from the Casco Circle Park. At that point we requested delay until the March 10th meeting. As you may recall under Section Ordinance Number 9.31 Subdivision 3: It is an unlawful act to C.) Operate a motorized vehicle in any park or swimming beach except such portion thereof as is graded, 1_.ved, designated or maintained as a public street, parking area or boat launching area. Given that such snowmobile activit i prohibited in the park it then becomes an issue of appropria.e .gnage. While the City has on occasion posted no snowmobi1ing signs in various locations upon request of area neighbors we have not done so in this park. It is staff's recommendation that a wooden Sign outlining the fact that the name of the park together with pedistrian traffic only be placed in the one corner of the park and that other signage be so put. Attached please find a copy of the sign being 1)r000sed. The estimated cost of the sign is approximately $500. (from park ledication fund) dollars installe,a. Should you have any Further questions or comments, please feel free to contact me. PROPOSED MOTION - Moved by seconded by _, that the Council authorize pasting of the sign as noted at the location and that Police undertake reasonable efforts to enforce the ordinance currently contained in Orono codes. Ayes —_, Nays ___ 13186.8 TO: Mayor and City Council if A'R 101'93U FROM: Har. . Bernhardson, City Administrator���Y) XY V IRI"., DATE: February 28, 1986 SUBJECT: Health Insurance Continuation Policy Attached please find the re:;olution embodying the discussion at the Counci 1 meeting on January 27, 1986, as it relates to continuation of health insurance for retirees and permanently ]isabled members. PROPOSED MOTION - Moved by __, secon0ed by _, that the City Council adopt Resolution Number relating to continuation of health insurance benefits for persons who leave employment with the City of Orono. Ayes mays City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A 'HEALTH INSURANCE: POLITY FOR E..RLY RETIREES AND DISABLED PERSONNEL WHEREAS, the City of Orono is a participant in the Hennepin County Health Insurance Group and the Co,-4nty requires the City to adopt a policy to provide health insurance for early retirees end disabled personnel, WHEREAS, State Statute does allow iy qualified employee may continue at their own expense, group co-erage for up to 12 months as outlined in Minnesota Statutes E24.17, WHEREAS, the County requiri,ments are as follows: Retirees need to meet the following guidelines Age at Time Years of Full of Retirement Time Service at least 58 but less than 6- 20 " 62 61 15 " ' 63 64 14 " ' b4 " " " h5 13 The police age requirement would he 55 with least 20 years of service. Disabled need to meet the following quidelines Disabled personnel must be disabled and totally unable to work and so qu.i 1 i fy under the provisions of the Public Employee Reitement Association. WHEREAS, the County rea,: -^s that the City pay a share of the premium cost for retirees. WHEREAS, them City is not required to pay the cost rf the health insurance premium for the permanently disabled personnel. WHEREAS, the City has provided the tollowing for personnel mee_ing tree criteria, prior to retirement: Cite of ORONO Sir. TION OF THE CITY COUNCIL •1O. fiat they ca receive their unused accrued vacation up tc 30 days as permitted in Section 318 of Administrative and Personnel Policy together with one third of `heir unused sick '.eav, up to 40 days, NOW, THEREFORE, the City of C,rono Council approves a" .ng as an option that if qualified abo- e the employee may se1F.t as a alternative instead of severance pay and normal insurance contir,iation - linnesota Statute 62A.17 that: Fo. 'ployr, z.suran^e the employee may continue as u retir._�e on t':e health insurance as a substitute benefit in Exchange fo, their unused vacation (30 day maximum) and 1/3 of unused sick leave calculated at current rates. At the time of thei- retirement the amount of City contribution tow.r(l the jmployees share will to calculated to ecual the icy-mal severance and divided by tt .:fiber of months until they react, 65. 2. —hat for dependent coverage retirees will tie resi-nsible for payment of that amount and that they must continue to pay by the first of every month to the City. As an option they can pay in a lump sum in a:lvance. This polw^y is contingent upon - .City con,i.nuing to of for insu. anees with the: County .rogram. A. . ny tier. in : fut lre the City ran terminate the arran(,. -gent they Till. roturn .any unused or banked monies t the retiree having vei the employee six month, noti, , rf termination of the -)ption. Should retire� terminate their coverage prior to exhausting of t,'ie trade off benefit-3, *he balanc- shall be returned. PON, TNERFV(-,RR BE IT kESOLVED, that th,� City of Orono Council hereby al l<.ws parsons permanF•ntly disabled cor%t.inuin(3 at the emnloveir's ; xpense v-+ilability of group insir—ico. City, of ORONO RESOLUTION OF THE CITY COUNCIL NO. A.;,pted by the C.I.y Council of the City of Orono, Minnesota at their meeting hell Me-ch 10, 1986. Ma* Butler, Mayor ATTEST: Dorothy M. Hallin, c ,�, 13186.2 TO: Mayor andCity Council CGU%tl!. mqnNG � a J FROM: 'lark Bernhardson, City Administrato JMR 101986 DATE: March 9, 1986 CITY of PRONO SUBJECT: Special Events - Parades Ordinance Based on the discussion of the Council meeting on January 27, 1986, the attached language attempts to incorporate the exemption for private parties, but still giving the Police Department the authority to rectify parking problems should they arise. The language has been reviewed by the City Attorney., Additionally it should be remembered that this does provide the following changes in addition to the 20 car parking permit: - Cross referencing Ordinances Number 5.25 an.: 6.08 by indicating that here are separate licensing requirements under F ;h one. - That the 60 day permit requirement period can be waived if deemed appropriate by the Council. - That bond and payment of expenses may by waived if felt appropriate by the Council. RECOMMENDATION It is recommended that the Council adop,- -le attached ordinance, PROPOSED MOTION - Moved by , seconded by , that the City Council adopt Ordinance Number^ , Second Series as amendments to Ordinance Numbers 5.25 and 6.08. Ayes Nays _ 11685.3A ORDINANCE NOMBER 22, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE 5.25 SHOWS AND LARGE ASSEMBLIES AND 6.0P. PARADES AND SPECIAL, EVENTS '"he City Council of Orono Ordains As Follows: Chapter 5.?5 and 6.08 of th^ min icipaI Code of Orono is hereby amended to '*- lude, repeal and substitute as f ll(,ws: 6.08 PARADES AND SPECIAL EVENTS Subrl. 1. Definition. For the purpose of this Section, certain terms shall have the following meanings: A. "Parade" means any move;nent of vehicles, persons or animals, or any combination thereof, which either moves together and as a body so as to _ impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, or which m,-)ves so that some part thereof is in violation of one or more traffic ..iws or regulations. T3. "Special evert" means any marathon run, block party, fishing contest, parachute jump, hot-air balloon event, carnival, or any other activity or event which in some way impe-3es or affects the free and unobstructed flow of vehicular or pedestrian traffic, genei ates parking_ needs for more than 20 vehicles off site at any one time on residential streets, not including a ,)uhlic access to Lake Minnetonka, or requires the posting of "No Parking" signs to maintain compliance with traffic laws and regulations. Subd. Permit required. A permit shall be obtained from the City oy any person, corporation, or other entity wro will be holling or sponsoring a parade or special event. Application for such permit shall be made to the City at least sixty (60) plays in advance of the date on which the parade or special event is to occur unle:,s waived by the Council. The applicant shall fill out a form provided by the City, stating t'ie :sponsoring organization or individual, the route or location, the brie of commencement, termination and the general composition. The application shall he executed by the individual applying therefor- or e duly authorized agent or representative of the sponsoring organization. The permit requirements set forth in this section apply in addition to any licensing reyui,ements set forth in Section 5.25 of this ordinance. Su')d. 3. Investigation. The City shall forthwith refer al applications for parades and special events to t'ie Police Chi^f for the Chief's consideration. The Police Chief shall revi(-w each application within ten (10) days. If an application invol es a State trunk highway, they Police Chief shal 1 m-ke necessary arrangements with the Minne�3ota Department of Public :3re ty for an alternate, route or whatever may be necesFary. If the Pol 1cp Chief finds that such a parade or event will not cause I haz,ar,i to persons or property, wi 1 1 cause no great. 1 inconvenience to the public, and if the Chief is able, to make arrangements for necessary direction and control of traffic, the Chief shall sign the application and r,:turn the application to the City Clerk. If. the Police Chief finds the parade or special event rlescribed in the application to be a hazard, a substantial inconvenience, or if the Chief is unable to make adequate arrangements for direction or control of traffic, the Chief shall return the same to the City Clerk with appropriate findings set forth in writing. Subd. 4. Council Action. The City Clerk shall refer the application and results of investigation to the Council at its next regular meeting. The Council may (1) deny the permit, (2) grant the permit, or (3) grant the permit on condition that an alternate date, time or route are acceptable to applicant. Applicant shall have three (3) days within which to communicate his acceptance to the City Clerk. Subd. S. Unlawful Acts. A. It is unlawful for any person ;:o jamper, obstruct, or impede or interfere with any parade, parade assembly, special event or any person, animal or vehicle participating in the parade or special event. A. It is unlawful for any person to drive a vehicle 1?ekween the vehicles or persons comprising a paraue or special event when such parade or special event is in motion, exce�� by ;1irection of police officers directing traffic. C. It is unlawful for any person to enter into a parade or special event without prior authorization from -.he person in charge of the event. Suhd. b. Removal of obstructions of Traffic. In anv c;.se where tiehicles or par)-ing by an activity obstructs traffic, regardless of whether or not the activity required a permit, a Police officer shall warn the property owner and/or the pE-rson in charge of the event, that the cars must be moved by a pertain time. If the vehicles are not moved in accordance with the Officers request, the Officer may ticket that person and -311 the Fars that constitute thn traffic hazard. Vehicles that constitute a hazard may he towed at the owner's expens? if so ordered by the Police officer. 5u! d. 7. F.xc_eptions. The following are not required to apply for permits (1) funeral processions, (2) ,1 goverimenta agency acting with the scope of its functions (3) an occasional private party that is held on private resident4al lots-. SuNI. R. Payment of r.xpenses. The applicant sha i ' y all extraordinary expense incurred by the City for police :nd enforcement of this Section and the City may, as a condition of approval of the permit, require that the applicant 3.—posit .coney with the City in a sum equal to the estimated ­�xpensen to be incurred by the City. Subd. 9. Permit Fees. All permits provided for in this Section shall be issued only upon payment in full of permit fees and other costs fixed and determined in accordance with City Code Section 1.05. 5.25 SHOWS AND LARGE ASSEMBLIES Subd. 1. rAc:ense required. It is unlawful for any person to present arty public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the City. It is also unlawful f.cr any person to :promote or sponsor a large assembly, for any purpose and to which the public is invited, without first having obtained a license therefor from the City. For the purpose of this Section, "large assem�)ly" means a gathering, or projected gathering, of more than three hundred (300) persons at one time and at a single location. This shall apply in additon to any permitted requirement under Section 6.08 of this ordinance. S_bd. 2. Regulations. Unless waived or modified by the Council upon good cause being shown, all applicants for an initial license where a large gathering is to be held shall show ability to provide, and during the term of the license (if issued) shall. be conditioned upon ma_ntaining, the F-'lowing: A. If fully or , _ially out-of-doors, a fence shall completely enclose the location of sufficient hQight and strength to prevent people in excess of the maximum permissible number from gaining acess to the grounds, which fence shall have a sufficient num-ber of gates to allow safe passage to and from ti e gathering7. B. notable water, meeting all Federal and State requirements for sanitary quality, sufficient to provide drinking water for the maximum number of persons to he assembled, at the rate cf at least one gallon per person per jay. C. F.nciased toilets, separate for m^n and women, meeting all State and local specifications, conveniently located throughout the grounds, sufficient to provide facilities. for the maximum number of people to he assembled in accordance with the Minnesota State Ao3rd of Health Regulations and Star.datds, which !-hall br- kept clean, operable, and free of refuse. D. A sanitary ir,ethod of disposing of solid waste in compliance with State and local laws and regulations, sufficient to dispose of the solid waste production of the maximum numoer of people to be assembled at the rate of at least 2.5 pounds. of solid waste per person per day, `)gether with a plan for holding a,►d collecting all such waste at least once each day of the assembly's continuance, and -sufficient trash containers and personnel to f _�rform such tasks, and a plan to return the area to its original condition. E. Illumination sufficient to light the entire area of the assembly if it is to (.)ntinae during the hours of darkness. F. Security and traffic controls meeting the requirements of local authorities and the Minnesota Department of Public Safety. Regularly employed security officers, sufficient to provide adequate security for the maximum number of people to be assembled. Such officers shall be licensed by the State of Minnesota. G. An administrative control canter with telephones where local authorities can contact the licensee and law enforcement personnel inside the area of the assembly. H. A policy or certificate of insurance, on which the City, its agents and employees are additional insureds, providing public liability insurance in the amount of at least $300,000.00 for the injury o one person, $500,000.00 for the injury of two or more persons in the same accident, and $50,000.00 for property damages. r',ysicians and nurses licensed to practice in Minnesota suf`_ _:n,t to provide the average lnriical care enjoyed by residents of Minnesota for the maximum number of people to hA assembled at th-. rate of at least one physician and nurse ror every 5,000 people, together with an enclosed covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least t%, emergency ambulances with attendants for each 5,0100 people. J. A parking area inside of the assembly grounds sufficient provide parking mace for the maximum number of people to be a,sembl.ed at the rate of at least one parking space for every four persons. K. Telephones connected to outside line, s,Ufficient to provide service to the maximum number of people to be assembl-d at the rate of at least one separate line and receiver for ea;.n 1,000 persons. L. Fire protection to be provided by the sponsor including_ the, following: fire alarms, extinguishing devices, fire lanes. Such fire protection shall be sufficient to meet all applicable State laws and local regulations which are- in effect. Sufficient emergency personnel to efficiently operate the required equinment ^hall be provided by the upon..^.or. M. Copies of all proposed advertising. All reasonably necessary precautions to insure that thl sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the locati,.!: of the assembly. O. Written permission from the owner of the premises. Subd. 3. Maximum Size. It is unlawful for any l,---ensee to admit a larger number of people than the maximum fixed by the Council at the time of issuance of the license. Subd. 4. Overnight Camping. It is unlawful for any licensee to permit, or for any particip it, spectator, or ,-ustomer, to camp or sleep overnight at the location of a large asse:c,:.ly. It is also unlawful for any licensee to permit, or any participant, spectator or customer, to prepare food on such r-.emises, unless such person is a concessionaire. This Subdivisic..i does not apply to security officers performing their duties as such. Subd. 5. Investigation Fee. In addition to the license fee the Council may fix an investigation fee commensurate with the cost of such investigation. Subd, v. Permitted T,rea. Large assemblies shall be permitted only after a finding by the Council that the character of the proposed assembly is compatible with the character of the surrounding neighborhood considering the problems of noise, lighting, traffic, sanitation, congestion, and other factors affecting the public health, ^afety and welfare of the entire area, and compliance with the City Code. Subd. 7. Exceptions. The following activi.'es and performances are exempt from compliance with this Section: A. Performances presented in the local Echools and colleges, under the sponsorship of such sc,iouls and colleges, and primarily fir the students thereof only. B. Performances of athletic, musical or theatrical events sponsored b;, local schools or colleges using student talent only. C. Any performance or event: in, or sponsored by, Mona fide local church and non-profit organizations, provided that such organization shall be incorporated. D. Any activity or performance more specifically defined and licensed under another Section of this Chapter. Subd. 3. Obscenity Prohibited. A. Definition.. An a^ed i-i this Subdivision, the following words and tormr nhill have the •neanings stated: 1. "Nudity" means uncovered, or less than opaquely covered, post -pubertal human genital_, pubic areas, the post -pubertal Duman femal-:� brea, t below a point immediately above the top cf the aroola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered -uncovered if the nipple only or the nipple and the areola only are covereu. 2. "Obscene Performance" means a performance whic'n ; n whole or in part depicts or reveals nudit•,-, sexual conduct, sexual excitement or sadc-masochistic abuse, or which includes o' scenities or explicit verbal d ..;criptions or narrative accounts of sexual conduct. 3. "Jbscenities" means those slang words currently generally rejected for regular use in mixed society, that are used to refer to gen:.tals, female breasts, sexual conduct or er^retory functions or products, either that have no other meaning or that in context arc! clearly used for their bodily, sexual or excretory meanincj. 4. 'Perfori,.ance" means any play, motion picture film, dance, :)r other exhibition pictured, animated, or live, performed before an audience. 5. "3ado-masochistic F.buse" means flagellation or t *lire by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the con-lition of being fettered, bound or otherwise physically restrained on the part of one so clothed. 6. "3exuaA. Conduct" means human masturbation, sexual intercourse, or any touching of the genitals, public areas or buttocks r.)f the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between h_imar; end animals in an act of apparent sexual stimulation cr gratifi,,t;.. )n. 7. "Sexual Excitement" means the cond':ion of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. 8. It ir; unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly (1) exhibit an obscene performance, or, (2) directly or indirectly sell an admission ticket or other mean,3 to gain entrance to an obscene r,,-rformanre, or, (3) directly or indirectly permit admi lion of a person to premises whereon there is Pxhibited tin obscene her f cr mince. C. Any prosecution under this Subdivision shall include the following elements: (1) that the average person, applying :ontemporary community standards, would find the performance, taken as a whole, appealing to the prurient interest of the audience; (2) that the performance describes or depicts, in a patently offensive way, sexu;il conduct included in the definition of "obscene performance"; and, (3) tht the performance, taken as a whole, lacks serious literary, ar,istic, political or scientific value. This ordinance shall he of fec-_ i ve upon ad(_,-)t ic)n Ind r.ublication. ,.dopted by the City Council of Orono on this day of _ , 1986, by a vote of ayes�and nays. norothy Ha�I�n, City C�erkF� Mary C . yButler, Mayor 4 22886.6 TO: Mayor and C i ., Council f�1'6FROM: Mark Bernhardson, City Administratrj nATE: Feoruary 28, 19R6 SUBJECT: Wolsf-ld Woods COUNV,°L VAR 101986 CiT�C NF CRti Having discus-,, :his issues, with the individual in charge at DNP it is our p-. esenc understa 'i iig that the DNR has no objection t(, the idea of the caretaker being present on the property, however they feel that the location of such G ^aretaker should be. on Orono side, on the entrance road, to bet,er monitor activity and dumping in the nature area. Additionally it was noted by the person at DNR that t1ne current house does not meet minimum hahitability standards and that while the current caretake foes own the house, that person does lease the property trom DNR. The pr^-ent house owner has on an ongoing basis construct- corrals and rthor structures on land not owned by that p^rs: Ithout corst,`ting with DNR first. it is our co mmenA'%tion that Council direct staff co write a letter encouraging NR ) have a caretaker on the property, hopefully in a loczt ion that is _,.; ld give maximum b�Lnef it for a caret,,',Prs p- sence. PROPOSE,.: MOTION 'Moved by _ , seconded by i, tha- Counc- 1 direct stay_ to w• a letter suiporting location of a caretaker in the 1--aticn , st 'v4ltagous for that person to monit a�tivit.ie4 in and arr. Wo. sfe;d Woods. Ayes Nays _ t STATF OF <r?� ` I IDEPARTMENT OF NA.WRAI RESOURCES tS;->x . 500 LAFr+YL T I k+ ,'.;; • 5r PAUL MINNLSOTA • 55146 DNR INF0kMn7ICN (61.') 296-6157 February 26, 1986 City of -ono Attn: Jean Mabusth Box 66 Crystal Bay, Minnesota 55323 Dear Ms. Mabusth: "FEB FEB 2 8 1. I wish to thank you for taking the time to inquire about the Wolsfeld We 's Scientific and Natural Area (SNA) and the status of the current residence befu a addressing this matter In the City Council. I have also attached copies of the state rules and state statutes on SNAs which addresses uses and restrictions on development. As I noted on the phone the Department of Natural P,esources effec:tiveiy terminated the lease arrangement on June 23, 1985 with the current resident. This action was taken because of several violations of the lease which the resident, Mr. James Hillegass, was unwilling to correct. Over the last 3 years the Department of Natural Resources has been attempting to have violations of the lease corrected as well as attempting to work oft an arrangement whereby Mr. Hillegass would inapect the "Woods" on a regular basis and notiry 1ho State of the general conditions of the "Woods". any special problems, and any violations Q,f the _Cule5and rregulations of the ONR relatina to the scientif,c and natural are a. The lease specifically requires Inspection 4 the "Woods" as stated above. Unfortunately, Mr. Hillegass has felt t his mere presence in the "Woods" was all that *as required under the i. _Ious lease. i should point out that the state owns all the land in Wclsfeld Woods while Mr. Hillegass owns the old farmhouse. The lease rate for approximately 2 acres of land was S600/year minus property taxes (about S300/year), Because of the total unwllll,igness on Mr. Hillegass's part tc enter into a reporting procedure, the Department notified him In December 1982 that the lease would not be renewed in :985 unless we could agree to new terms and conditions. Nine months later- Mr. Hillegass finally agreed to a monthly reporting procedure. He filed reports from December 1983 to October 1984. The Department also had numerous other conversations (both written and oral) with Mr. Hillegass concerning correcting violations of the lease, ranging from controlling his loose dogs (which ran frc-e and have been observed challenging horseback riders), removing a home corral constructed can state land, removing his personal property from'the old buildings on state property, not using the unsafe barns for keeping a horse and other Items. Continued non- ._ompl lance with requests to corroct lea,,e violations resulted In the Department reaffirming its termination deci,i:an in November 1984. 0116 AN EQUAL UPPOHTUNITr EMPLOYER At that time Mr. HiIlegass requested a one year lease (from June 1985 to June 1986) to permit him to build a house off the "Woods". His request was granted and a new 1 year non-renewable lease was sent to him on May 7, 1985. Mr. Hillegass did not respond to this lease until October 25, 1985 when he challenged the new lease rate (established by law) anJ disputed the terminatio;i of the old lease. The appraised value of his lease site for this purpose was $30,000. Since that time Mr. Hillegass has undertaken a letter writing campaign to get the Department to continue leasing the site to him. The Department recently met with the two local legislators and friends of W015feid Woods as a result of thole letters. One of the local legislators has subsequently introduced legislation which would require the Department to lease land for a caretakers residence and require an annual report to be filed. The legislation is inappropriate in that the DNR would in all likelihood he compelled to lease to Mr. Hillegass since he owns the old farm house in the "Woods". This would 5e unfortunate since Mr. Hillegass h;;s not compiled with previous lease equirements and has previously used state lands other than those leased. ir. Hillegass has, in the past, even requested i-i-mission to cut firewood in the "Woods" even though he is aware of why the area is protbci ed. Though the Department has suggested gating the entrance road off Coun+y Road 6, as a means to eliminate unauthorized vehicle use, Mr. Hillega-s has cF,aosed it !since it wocid Inconvenience his family. The legislation is also inappri prlate in that an annual report, as called for, would serve no useful purpose since it would describe item, occurring ov•�r the past year. The Department feels that maintaining a residence in Wolsfeld Woods is not necessary to protect and manage this area. If a residence were to serve as a deterrent it should be located adjacent to the entrance on County Road 6. Th, current residence is on the far north side of the property, 112 mile from County Road 6. Since the Department took over the "Woods" in 1978 the surrounding area has seen increasing residential development. This development and the fa:t that the area is now well known as a "State Natural Area" which is policed by the Department has limited inappropriate uses which previously occurred when the "Woods" were privately owned land. The Department feels that a properly constructed gate at the entrance road at County Highway 6, increased monitoring of the ',Woods" by Department, and the continued assistance of users of the site and adjacent )wners in alerting us to potential problems will ensure the "Woods" are properly managed and protected. I hope I have adequately addressed your questions. I would be happy to discuss this matter further at any time. Sincerely, BOB DJ UPS ROM, Cuor d I nator 'icier if is and Natural Areas Program B0:rcm eons; ad[III usrat un; UC.'l ;riauu,,. ,.,, A matt tc'tatJk OAA h&6'ML. JUNTA ShQ bt U • tablished to protect and perpetuate in an undisturbed natural state thr,se natural fea- tures which possess exceptional scientific or educational value (b) No unit shall be authorized as a scientific and natural area finless its proposed location substantially satisfies the followin,' criteria: (1) Embraces natural features of exceptional scientific and educational value, in- cluding but not limited to any of the following: (i) natural formations or features which significantly illustrate geological pro- cesses, (ii) significant fossil evidence of the development of life on earth; (iii) as undisturbed plant community maintaining itself under prevailing natural conditions typical of Minnesota; (iv) an ecological community significantly illustrating the process of succession and restoration to natural condition following disruptive change; (v) a habitat supporting a vanishing, rare, endangered. or restricted species of plant or animal; relict flora or fauna persisting from an earlier period; or ,asonal haven for concentrations of birds and animals, or a tage point fo, ncentrated populations, such as a constricted migration ro".e; an,l n area large enough to permit effective research or educational function. the inherent natural values of the area. (c) St- natural areas shall be administered by the comrr,�ssioner of natural res.. sultaticn with qualified persons, in a manner which is con- sistent with the , f this subdivision to preserve, perpetuate and prutect from unnatural influencL Jentific and educational resour•.es within taerrn. Interpretive studies may be. prove, for the general public. Physical development shall be Irrruted to the facilities ahsolutery necessary for protection, research, and educational projects, and, where appropriate, for interpretive services. An area designated as a state scien- tific and natural area shall not be altered in designation or use without holding a pub- lic heanng on the matter at a time and place designated in the notice of the hearing, which shall be published once in a legal newspaper in each county in which the lands are situated at least seven days in advance of the heanng At the heanng the comrrus- sirmer shall provide an opportunity for any person to be heard. (d) At the discretion of the managing agency, each scientific and natural area shall be designated as one of the following types: (►) Research unit. u.Jse is limited to programs conducted by qualified scientists and college graduate and post -graduate students. (it) Educational unit. Permitted uses include all activities specified in paragraph (i) above and primary, .-econdarv, and college undergraluate programs. (iii) Public use unit. Permitted uses include all uses permitted in paragraphs (►) and (ii) above and interpretive programs for the benefit of the general public, Subd 6 State wilderness area; purpose; esource and site Qualifications; admin- istration. (a) .� st: _r wilderness ea shill a established to preserve, in a natural wild and undeveloped condition, are, .ti•h,t offer outstanding opportunities for soli tude and primitive types of outdoor rec at it. (b) No unit shall be authorized as a ate wilderness area unless its proposed to cation substantially satisfies the follvwin � ena: Appears to have been primarily ect : y the forces of nature, with the evi dence of man being substantially unn iceable where the evidence of roan may he eliminated by restoration. (c) State wild-rness areas �sha be administer. y the commissioner of natural resources in a manner which is c sistent with the pu oses of this subdivision, and shall he managed only to the c xte t necessary to c.,ntrol Insects, and disease, and to preserve existing wilderness reestablish wilderness co tiuna There shall he no development of public road -a, rrnanent dwellings, or recre onal facilities except Api- endix I Dvppartment of natural ReFources rkules Chapter Fourtcim: natural Resources 300-319 Scientific and Natural Area Farley and R quhtiorus NR 300 Scientific and Natural Areas (a) Statement of R)licy and Purposes (1) The legislature has provided for creation and esUublishment of Scientific and Natural Areas for the purpose of preserving, protecting and managing lands or waters posseLsing inherent natural values, including soils, waters or -sediments, sites of scientific valuo, habitats of rare or endangered species of plants and animals, places of hi:,-toric or prehistoric interest and scenic beauty, an;l areas uniquely :suitable for trachi.ng natural history and conservation. (2) Tl.e r.,,u.-po:;e of these rules is to prcmicle for this use and protection of Scientific ruin Natural Arear, for educatiurkil and re earch purpot,es in such ranrer and by such means sic will R!Eve them cuns*:rvpd for future generations. (3) The following ru1c.; and rec-ulat:ions notwiths.tancling, the Commissiorer cf Natural. ReSource:q, his agents and evployees, these persons operating under c xutr.act with Uie Departrvnt of Natural Rescnirces, and ldw enforcement offi, _rs, rmy take Sue--h steps a!; r"zey be mxvsswlry to enforce these rules and moulations, and to estabjish, nrkiintzin, manage, and ofrerate Scientific and N,, Wral Areas. The following rules Wuxi regulations notwithstanding, the? Curmissioner of Natural R-sources also may suspend any me or r:rare of such rules and regulations by written perrut to a speCif.ic applicant or aF.rplicants for scientific or educ:,+tional lrirporA--s. (b) Definitions For thr� purlx),, _s of these rule-.;, unless, a different maninq is manifest frcxn the cxritext, the torrrms defim-d in this section funve the fallowing rmanings: (1) „ Cc:m^i$sior:f>r" t1x- c:m.i.s.;ior:er of the Dq-.�Pltr-tmr.t o Natural Fk•sourc eti. (2.) "Urx,txc�lled suhstanct." mux� ,s a drug- -ubstarice, or i.r *cdiste prucur€,x_)r fcund in Sr_fxe ,.ulus T thr(-xn3h V of. Mi ti 'sci7.a Stat.utr-s, SPction 1 W.02.. (3) "Intoxicatiml l.i.ttuc-r" four- OV EAirlx�W!. of t..hrse rules means l iquo rs wluir-h ate int-)xic at ing [.wsuant to Minrtt seta Statutes, Se�-t ion 140.07, ano., malt liqu)r cmtaining rk4 l.c�;s than one-half of one purcr.nt alrx)hol try vr,lcun• nor nx)n, t.tu n 3.2#.. by w!irTh*. (4) "M-tr i ml -1 ko-.A ',g it- i.: clef t.rx-ct in .'7 Mini ,sot..i Statutes, Section 152.01. (5) "Motor. Vehicle" man, any sell --propelled vehicle and any vehicle propelled or drawn by aself-propelled vehicle including, but not be limited to, auto-rbbile_s, trucks, dunebugrdes, minib.ikes,, motorcIcles, trail bikes, all terrain vehicles (ATV'S), and snowmobiles. (6) "Perron" means any individual, partnership, corForation, or association. (7) "Scientific and Natural Area" mans any area so cesignated by the a.imuszioner of Natural Resources under the authority of Minnesota Statutes, Section 84.033. (8) "Watercraft" means any contrivance used or designed for rr<avigation or travel on or under water, excep a s�vvaplane. (9) "Wildlife" means all living creatures, not hcwv-rn, wild by nature, endowed with ren:ation and power of voluntruy motion, and. includes quadrupeds, rtcL-;rtals, birds, fish, amphibians, reptiles, crustaceans and wol lusks. MR 301 Use of Scientific and Natural Aroas (a) Scientific and Natural Area Visitation Fach Scientific and Natural. Area is open to the rt)blic under such restrictions or limitations as the crrudssinner ray iPT-10se for the area for the purpose of protceting and preserving the area. Tkk:!se rest.ricticxrs or limitations rray include but are not limited to the following: (1) restrictions on travel within an area; (2) restrictions on hours of visitation, and (3) limitations on nuatx- s of persons within the area at any given time, through issuance of permits or other me-thods determined necessary by the ecxmissioner. Tate cormissioner my provide exceptions to the general rules in a (1) establistment, mi.ntenance, managm ent, or %A!ration of thQ area; or (2) authority activities which are not inconsistent with the purpo--A- for which an area is estid)lished. The c an rdssi.oner sh-_+ll itrperse such restrictions, limitations, or exceptions by Omriissionpr's Order, filed with the Scx-rPtary of Stet,:- and hosted in c.",!: picm)us placx s at the Scientific and Natural Azca. (b) lhvirr.)nrental Pmtrction (1) it is unlawful for and l.xeieon to destroy, in ure, damage, rrlest, or rem-wrs any natural resources within Scientific- am-1 Mat.ural Art ds, in+ ltxlinea Lat. r>f3t. .1 i, i t: i to, trees, vcr:{-tat icrn, ruir,s, relic r , birds, fig;h, apirral-;, nthf�r w.il0life. or cjeolociiral foruitiins. (2.) It i:; unlaw ul for any Fx,rFx,,n, exc.i-rtinrl state ac;ents a(-tinq in t.1wAr offi.rial capacity, to de.,trcr}•, &w-kicle, deface or n^ixye imy public prrjx!rty, or pr ivttr. prctxrty 1-- longinq to iru.'ltxli±Yj but rc)t. limited to, sicln.:. i1rKi IV.A'trr-i'h, to.,,t incl or !-ruiitorirw, f.j irrmnt, within Sc•i: ritific arxi t.itlir:il At(,,,. 74 IT 302 ka striated Uses and Acts (a) Ca:�g�irq and Picnic}:ing Carnpincl and picnickLr-.g are not perT-dttf d in Scientific. and Natural Treas. (b) Fires and infuse (1) Fires are not jx�rmitted in Scientific and natural Areas. (2) It is unlawful for any person to burn or otherwise dispo.-w-, of ga.rllage, refuse-, sewage, or trash of any kind, within a Scientific and Natural Area except in desiTiated receptacles or facilities. (c) Boating, Fishing, Other Watt�r UEeF. (1) It is unlawful, to operate or use any watercraft within any SAentific and Natural Area. (2) It is mlawful. for any person to fish or swin in any waters within any Scientific and Natural Area. (d) Motor Vehicle Operation It is unlawful to operate any r-.)tor vehicle within any Scir-nti fir and '3atural Area. (e) Aircraft It is unlawful for any pc'rFAx, to U-0 a y c?lri^.raft on lands or waters or fly over at. disturbing levels within tlx= bourdar es of any Sc:icmLifi.c and Natural Area. (f) Pests and For. ses It is Lmlawnil to LL.i.N or allow 1��)rses or other pet animals into any Scientific and Natural Area. (g) Personal Behavior It is unlawful for any person to engage in any violent, irtrr- alxrsive, loud, cbscene, or other (_x-wx uc t creating or- tendinq to c•rvate 'I of the r*,ace or to disturb the: cOucational or research values and u. cues of Sc.ientif is it`ld Natural Arc.-ia lan& and wisteria. (h) Intoxi.catinq I.i(Itynrs (1.) It iia mlawful for any tx,r,-,rv, to ct nsurv� intoxicating iik-41X)r5 within a Scien-ifis and Natural Area. (2) Tt i . tu+l.awful for tiny I.x,r9on miler tf:,, inflcu•ix-v of int.miratinq l irTm,)rs to tv, within a Sc.imt if is and Natural Arcs.. 24 W Drug It is tuilawful for any person to u-se, be, in possession of, or be under the influence of marijuana or any controlled chrsb tanccr wi.-hin a Scientific and Natural Area, unless such use, possession, or influence is pursuant to czin-I in ccrrplianoe with a prescription from a lice rased physician. (j) Hunting, Firearms, Public Safety (1) It is unlawful for any person to display or have in his possession within a Scientific. and Natural Area, a firearm or air gun unless unloadefl in both barrels and magazine and cased. '1 It is unlawful for any pens-)n to have in his possession within a ScierL, Lc and Natural Area explosives of any kind. (3) It is unlawful for any person to use or display within a Scientific and Natural Area eny other type of weapon, including but not limited to, slingshots, switch blade knives, Ix)w and, arrows, and traps. (k) Protection from Peddling and Soliciting (1) It is unlawful for any person to engage in or solicit business of any nature whatcn»ver frrxn persons in a Scientific and Natural Area. (2) It is unlawful for any person to advertise in any manner within a Scientific and N-atural Area any private activity or function. NR 303 Penalties Any person who shall violate an; of the prt--vi ions of these regulations shall be guilty of a misNiry-xior anci be pLuAshed by a fine of not mare than STCC, or by inprcs-,-nTent for not rr}re than 90 days, or both. Filed with the :'.!-cretan• of State and Oxrdssfoner of Arl-iini str7tion AuI ugu 9tt: 15, .f I compliance initiatives in any program 2 area except that this appropriation is 3 not available for compliance 4 initiatives in the corporate income tax 7 area. 6 In addition to the amounts of corporate 7 income tax receipts required to be 8 credited to the special revenue fund 9 pursuant to Laws 1985, First Special 10 Session chapter 13, section 21, 11 subdivision 3, an additional $83,400 of 12 corporate income tax receipts in the 13 first year and an additional $1,079,100 14 of corporate income tax receipts in the 15 second year must be credited to the 16 special revenue fund to be used to fund 17 compliance initiatives. 1E Subd. 4. Property and Special _5 'faxes Management 1C 0 ( 25,300) �1 Summary by Fund 22 General 0 ( 25,300) 23 Highway User 0 0 24 Subd. S. Assessors Boar:; 25 0 ( 3,709) 26 Sec. 20. TAX COURT ( 3,400) ( 4,700) 27 Sec. 21. COMMISSIONER OF NATURAL 28 RESOURCES 0 (4,156,900) 29 The commissioner of natural resources 30 must offer any recreational lodging 31 facilities owned by the state tc. a 32 private concessionaire who offers a 33 successful bid for a lease 34 .rrnagement. The lease shall be in a 35 form approved by the attorney general 36 and tar a term not to exceed 99 years. 37 The competitive bidding procedures of 38 Minnesota Statutes, section 1.68.07, 39 must be jjzL1-Iowrd- by--thEr commisz- -o ne r . .40� The department of natural resources 41 isust execute a iease agreement with a 42 4:aretnker to reside on land owned by 41 the department in Hennepin county, 44 commonly called "Wolsfeld Woods." The \ 45 caretaker cesidrng on the land must \46 annually report to the department, +n a y' form and time determined by the , 46--,,q:mmi.;roner, on the condit.ton of the 49 tln,:�_encompassinq Wolsfe ld Woods. 50 Sec. ZT: ZLKajLX:ICAt -BOARD ii ( 205, au1. ) 51 Sec. 2 1 . WATER RESOURCES BOARD 125, 100 ) 52 Ot the amount reduced in the. second 53 year, $30,000 is transferred to the 14 cww.irsioner of state planning tot 21886.i 16 I R 101TO6 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrat4'( v DATE: February 18, 1986 SUBJPCT: 1986 Police Contact/City of Orono and L.E.L.S. Attached are the contract changes that have tentative._y been agreed to between the City and L.E.L.S. and would recommend ratification of these items so that appropriate contract language maybe drawn up ant a tenative agreement between the parties signed. The attached agreement is within the guidelines that the Council had discussed with the Administrator at the January 27, 1986 Council meeting. PROPOSED MOTION - Moved by , seconded by , that the City Council accept the settlement terms for 1986 contract between the City of Orono and Law Enforcement Labor Services. Ayes Nays __. 3586.1 ISSUE, 1. wages 2. insurance 3. Holidays 1986 PROPOSED LELS SETT:.KMEN'C 1985 CONTRACT PROPOSED 1986 SETTLEMENT $ 2 , 424/Mo Top $141/Mo. 11 in cash 4. Sick leave 96�. Hrs Acci,mul at ion Max 5. Compensatory Time 4.5% $2,533 top List hourly and monthly rites $151 per month 11 either in cash or as flouting holidays at the empt--)yr�e option 960 Hours Max reyuIar p-Lus additional 328 hours max accrual for use in catastrophic illness (30 days) A.) In lieu of overtime for hours over FLSA max or callback for shifts - 1 h.)ur compensatory plus 1/2 hour in cash B.) For other hours 1 for 1 6. Contract Lengt`i 1 year Comt�ine basic contract and addendum 21886.4 l7 RAR 101986 TO: 'layor and City Council FROM: Mark Bernhardson, Cite Administrato V U DATE: February 18, 1986 SUBJECT: 1986 Health Insurance Contribution As noted in the 1986 Police contract the insurance provision went from S 141 per month to $ 151 per month. In line, with the fact that we wore trying to keep benefits for all employees fairly comparable we would recommend an increase from the $146, that was authorized in December, to the $151 for all the other employees. Tn the 19P6 budget we had actually esti..iated a higher amount so that there is money available for this. Additionally the total cost of this adjustment for all the employees, apart from the police unit employe^s, is approximat,-ly $1,300. PROPOSED MOTION - Moved by , seconded by , to adjust the amount for insurance for those on family coverage from $140 per month to 5151 per month. Ayes _—, 'Nays _ �l TO: Mayor and City Council FROM: Mark Bernhardson, City Administrat DATE:': Fet)Laar'r 18, 1986 SUeJ!:('T: Sick Leave Bank. '.1886. 3 /8 PIT R 1019 � 117, noted and discussed as part of the sett lement for the L.E.L.S. ntract was the establ ishment of a hank of sick leave for p .sonneI who had ;,ccr+aed over the maximum of 960 hours. In a,idition to the Po, ice contract we would like to make this generally available as an amen?ment to our current compensation for all the other personnel of the City. It is recommended that it be amended to allow for banking of an additional 320 hours to be used whenever an individual is injured or off sick for over 30 days. This would not change the payout for any sick leave however. It should be noted that it , uld take an individual at least 10 years without having a sick i.eave day in order to reach the maximum amount of 960 hours and in additional 3 1/2 years to reach the maximum for the sick leave bank. PROPOSED MOTION - Moved by , -,ec:on('--d by , that Iounci 1 amended the pol icy for sick --leave tc., include a bank tot accrual when a person amasses more than 960 hours and that staff prcpare the appropriate amenimf�nt to the Administrative and Personnel Policy to reflect that. %yes Nays 018().l TO: Mayor and City 7ounc i 1 7Y1 FROM: Mark Rornhardson. , City Administrato V DATE: ch 4, 1986 SUBJECT: S _ubhs Bay School I1.1711i fR 10 1 66 As You may recall Kay Cram, who owns the property on which the tubby Day School sits, has been interested in doing something kith the property, either making a decision to turn it over to someone to fix -up, or fix -up her se 1 t or have it torn down. We have recently been hack in communciation witi, Miss Cr:3m anJ have indicated the fact tha'_ the City with some reluctant in moving the property and was perhaps interested in taking a larg(-r parcel of the property to provide the adequat? acreage (5 acre zone) that would he required for utilization of the facility. Adaitionally we have indicated to her that we will explore •jith t'ie school to see if they have any interest in moving it, pe, .iaps onto their site and utilization of the building. The options as w- currently see now would be as follows: a. The City of Orono, Orono School District or thn Pioneer Museum move the building onto another site and fix it up for their purposes. b. Any of the three groups above negotiate for an aAequate parcel of property on the current site and fix - up and operate the building. That an a,deyuate parcf.l be put together with the school so that it could be fixed up as a private re_silence anO preserved i that manner. el. Have the building removed. As notPI in the attached letter and also in further telephone conversations with her, her original intent was perhaps to have the school moved by the City down to th,.-� park, bot she can understand the City':. reluctance in doing that, not only in the cos' of movement and fix -up but also the fact that it may .ot be an appropraite site as it would be open to vanda' im together with the fact that inloss the City has a desired for it, it real ly would not be an asset to the City. She has additionally indicated that perhaps obtaining the necessary land to go with the school site may not he in 1 i ne with what she had originally intenAeA or envisione=i. R-ise+i on that the staff .s continuing to expinr-� with the school listrict the possibility of their t3kiny over the facility to operate it as a turn of the century school Similar to what has wren drone with come of the o1I schools in the Metropolitan area. Ahsent that however, we would recommend that the City expres:3 its grateful appreciation to Miss Cram for the offer, but at this time respectfully declin-- it. Should you have further questions or comments, please feel free to contact me. PROPOSED MOTION - Moved by , seconded by , that the City Council express its _ gratitude to Katherine Cram for her offer of Stubbs Bay School, but given the fact that the City need to move together with the expense of fixing up and the fact that the City does not have a strong use for it, that the City respectfully decline the offer. Ages , clays %h "RiAW&50 of) _Ten -Mile - Lake, tiacker.•.ack, Minnesota Feb. 2801986 t. ,11r. Nark Bernhardson Orono City Administrator 1335 Brown road Crystal .-av, ';N 55323 Dear Mr. i�ernhardsoni Followin; our telephone conversation of yesterday, have continued to review my thoughts concerning- the old school build ink- on the corner of Stubbs may and Watertown Roads. Initially I had hoped that because of its historical significance Crono might be interest- ed in its preservation and could find some appropriate use. However, I only contemplated this if the buildinc could be moved to a city owned site. On its present location it would be quite uselesq without additional land for parkin;, I really do not want a narking lot on that corner, and so my conclusion is that I must turn to other plans for the building* if it is to be preserved. wish to thank you, Jeanne Mabutsh and Mr. Ger.hardson for your consideration. :sincerely yours, Ca�harins Cram 1760 Watertown Road Maple Plain, ]VIN 5535.9 W -3= 3486.2 TO: Mayor and City Cquncil �k FROM: Mark Bernhardson, City Administrator DATE: March 4, 1986 SUBJECT: Lake Minnetonka Access Task Force APTTIH6 V_PtR 10 in36 CITY OF CRq.g0 Attached please find a copy of a draft report form Metro Counci 11s Lake Minnetonka Task Force on pub is access. Publ is hearings on this draft will be conducted Wednesday, March 12th in Edina and Thursday, March 13th at Minnetonka City Hall. It is anticipatd that T will attend the one on Wednesday and carry forward any comments or ideas that the City of Orono feels are appropriate. As you will note in the attached report the Task Force has not accepted the City of Orono's offer for the 79 parking spots in Zone 1 at this time because of the contingencies regarding no further ac.:ess. As you will note however, the Task Force draft re^_omm­n,,ations inclu,le an expanded role for LMCD. Principal among the recommendations in the Task Force report are: A. An expanded role for LMCD - As noted the Task Force strong., feel that the LMCD should be given more power in certain "interface" situations between the land ,and the lake and that i,,ems such as public access and securing of sites he worked through LM:.D and that LMCD take a more positive role in that. (pg 11) Ti. Fun(j for public access and other lake usage expenses - The recommendation is t�iat the development operation anal maintenance of public access together with such things as the Water r -rol look to non -local funding sources in order t- ace the expenses on the group of people that uti 1 th,� facilities. (It is interesting to note there i:, pending legislation that clarifies and strengthens DNR's position on the freu public access. This appjrently is independent and in the opposite direction of. the Task Force recommendation sand it was put in by the DNR.) 9ased c,n a review to t+at:a it appears that the recommend at ions by Metre Council is a preferred alternative to the current situation that exists on the lake as it relates to especially DNR. Whi le At this time nNR ha3 indicated that they wil l go ahead with the d^vetopment of the access now July 1st instead of April 1st (them may to enough pol iticaI leverage basf�A on the Task Farce report that they may forestall this and defer to "negotiated sr)l u* ion" ut i 1 izinq LM('D as the publ is a.:ce3s and coordinat in j vehi(-Io. It is suggested that the City of Orono indicate its willingness to modify commitments of its parking spots to allow f:-,r the 1983 Task Force recommendation of a public access for fish craft and small recreation boats in Zones 3 or 5. Issues that are intended to be addressed Wednesday night at the Task Force hearing are: - Appropriate comparability with similiarily situated lakes or lakes in the Metro area such as White Bear, Medicine etc. especially as it relates to the percentage of "reliable, qualified parking spots" to the standard (1 boat per 20 acres) for public accesson those lakes. - That if the prospect of a Lake Minnetonka sticker is problematic from other lakes requesting it that perhaps a "Metro Lakes" permit would be appropriate and in line with the policy that recreational users pay their way not local taxes. Suggest that DNK's agreement with LMCD indicate that DNR will work through lines as the "authority" on the lake provided that LMCD reaches selected performance standards such as development of the recommended 83 Task Force public access for Zones 3 or 5 for small recreational boat/fishing craft in say 3 years and adequate progress to attainment of the 700 slots over say a five year timetable contingent on appropriate funding and need etc. If these performance standards are not reached then DNR would become active again on its own. If achieved however, DNR would therefore have satisfied public access and have no further need to be involved in Minnetonka. Should you have any further questions or comments, please feel free to contact me. PROPOSED MOTION - Moved by , secondei by _, that the City Council direct the City Administrator to deliver their concerns on the draft report of Metro Council as it relates to Lake Minnetonka use and access. Ayes _, NaY,s N n. JIM February 26, 1986 Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-6359 The attached draft position statements are being distributed by the Metropolitan Council's Task Force on Lake Minnetonka (MCTFLM) for two public meetings on issues about public access to Lake Minnetonka. The meetings are scheduled as follows: Wednesday, March 12, 1986 Edina Community Center 5701 Normandale Road (East Frontage Road and Southview) West Meeting Room 7:30 p.m. Thursday, March 13, 1986 Minnetonka City Hall 14600 Minnetonka Boulevard Council Room 7:30 P.M. '1`;f WIR - 6 96 i 11 The draft position statements deal with eight access issues. They are listed as follows: 1. Adequacy of Boat and Shoreline Access on Lake Minnetonka 2. King's Point Boat launch Site 3. Non -local Funding for Land Related Development Costs 4. Non -local funding for on -lake costs 5. Intergovernmental coordination 6. Municipal policies about lake use and development 7. Commercial access 8. Status of research on lake use As an appendix to the position statements. work plan information received from some of the Lake Minnetonka comsmunitas is included --the information was received In response to a request from the task force to all the lake co aunities for recommendations for ways to most access needs. All interested persons are encouraged to attend the scheduled meetings and to comment an these or other Issues. The task force will also accept written comments from now until March loth. Comments and questions should go to Jack Mauritz c Metropolitan Council staff at: Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul, AN 55101 291-6602 An Evuai C4nmwtuno, inWsuve, The members of the MCTFLM are: Patrick Scully, Chair Metro Council, District 15 Hastings Dirk deVries Metro Council, Dist- ct 13 Minnetonka Dorothy Rietow Metro Council, District 11 St. Louis Park Donald Stein Metro Council, District 8 Coon Rapids Robert Rascop LMCD Chair Shorewood Dave Cochran MCWD Deephaven Larry Donlin Mayor, Minnetonka Minnetonka Walton Clevenger Mayor, Minnetrista Minnetrista Michael McLaughlin Kathleen Wallace Metro Council, District 2 Minnesota DNH St. Paul St. Paul The task force members look forward to hearing from anyone interested in this complex, difficult and very significant resource in our metropolitan region. Pat Scully Chair Metropolitan Council's Task Force on Lake Minnetonka METROPOLITAN COUNCIL'S TASK FORCE ON LAKE MINNE(ONKA ISSUE 1: ADEQUACY OF PUBLIC ACCESS TO LAKE MINNETONKA Background During its discussion of a dispute between the city of Minnetrista and the Minnesota Department of Natural Resources (ONk) over the development of a public boat launch on the King's Point site of Halsted's Bay, the state Executive Council's motion requested that the Metropolitan Council "come back to us (the Executive Council) with an overall recommendation of what access on Lake Minnetonka should be..." (October of 1985). The MCTFLM discussed issues at length and agreed that Adequacy of Boat and Shoreline Access on 1,,ke Minnetonka was tr,e central issue needing address but with several subsiuiary issues. Discussion During their review, the Metropolitan Council'; Task Force on Lake Minnetonka (MCTFLM; considered the report of the 1983 Task Force (83TF). This task force had been established in July of 1982 "to prepare a report and make recommendations to the Governor and Minnesota Legislature addressing recreational use of Lake Minnetonka and adjacent public ianrl." The $3 TF found "that there is a need and a demand for additional access to lake Minnetonka to serve persons who went to fish and otherwise enjoy the lake in boats and from the shore ine. There is no demonst-ated need for additional lake access for boats other than fishing craft and small recreation boats. Because the majority of the existing publicly -•owned boat launch capacity is located primarily on the north and east shores of Lake Minnetonka, it is recorniended that. additional public boat launch opportunities be provided on the south and west shores. in dentifying new access sites, the Task Force recommends that consideration be given to ten different site selection criteria. Further, there is opportunity for improvement of !xisting boat launch ramps and scenic shore sites on Lake Minnetonka." The MCTFLM concluded that the 83TF was based on an accurate assessment of the status of the lake. A second body of data, in a )984 DNk Metropolitan Region lake use study, supported the idea that users entering the lake from free public access are not the largest group of users on the lake. The study also showed fat fewer users entering from free public access sites engaged in the more consumpti•e uses on the lake compared to those who entered from commercial access sites and from riparian p,opert_ies. This supports the 83TF conclusion that "there is a need and a demand for additional access to Lake Minnetonka to serve persons who want to fish and otherwise enjoy the lake in boats and from the shoreline ... (and that)... additional public boat launch opportunities be provided on the south and west shores." The MCTFLM noted tha* JNR has accepted the 83TF report and committed itsiOlf to implmenting the recommendations which are under its authority. The Ldke Minnetonka Conse-vation District (LMCD) has also accepted the 83TF report and acted to implement some of t,e recommendations by confirming some reliable parking areas. Implementation An assessment of cha,­-es on the lake since release of the 83TF report showed that very little had been ine to implement the recommendations. Input from the lake communities was interpreted by the MCTFLM to say that a major obstacle to implementation lay in the communities' inability to control their own destinies, using a local point of view. The MCTFLM accepted th;s position and requested, during December 1985 and January 1986. that each community develop a work plan which showed how the parking and access goals in the recommendations of the 1983 task force could be met in each zone of the lake. In addition to planning meetings with the communities, the MCTFLM also met twice in the lake area for DNR to brief communities in zones 3 and 5 about its activities to find new access sites and for information exchange between communities, DNR and MCTFLM. With the exception of the work plan submitted by Minnetrista, the response of the municipalities was disappoiit!ng. The 83TF reported 185 reliable parking spaces divided between zones 1, 2 and 4. The goal was 700 reliable spaces for all five zones of the lake. Written input from 6 of 14 lake communities proposed some changes which increased the total number by 78 to 257 confirmed reliable parking spaces. Other parking spaces are known, or proposed, but either cannot be confirmed under the present definition or were proposed under conditions the task force cc,uld not accept. The number of parking spaces for car -trailers. by various cou-its, may be as many as 402 plus a substantial number of spaces along county roads which are available for ary kind of narking, incliding car -trailers. -h-ee communities had made specific proposals which would implement some part ;f the 83TF parking recommendations and only Minnetrista, one of the same three, had suggested specific action: to implement new boat launch sites. Community input on shoreline access was very limited and no specific nafa was received about local or ron-local costs of providing public access. F i nd in s MCTFLM found that: The 83TF conducted a study of the status of public access _o Lake Minnetonka and that the findings and recommendations are still valid. Implementing the 83TF recommendations would improve public access and the general quality of use on -.he lake. 2. The attempt to implement the 83TF recommendations by soliciting work plans from the lake communities did not result in a feasible plan. 3. The 83TF recomarendations are appropriate goals to provide the needed improvements fo: public access on lake Minnetonka. Implementation of those goals seems to be blocked by conditions in two areas: 2 One is in the relationship and coordination of various gv,.-ernmental and agenty authorities involved in implementing the recommendations. The other is in the limited funding available to the responsible agencies, 4. The 83TF statement about the status of public boat launch and shoreline access for take Minnetonka is accepted as follows: "The Task Force finds that there is a need and a demand for additional access to Lake Minnetonka to serve persons who want to fish and otherwise enjoy the lake in boats and from the shoreline. There is no demonstrated need for adc Tonal lake access for boats other than fishing craft and small recreation boats. Because the majority of the existing publicly - owned boat launch capacity is located primarily on the north and east shores of Lake Minnetonka, it is recommended that additional public boat launch opportunities be provided on the south and west shores. In identifying new access sites, the Task Force recommends that consideration be given to ten different sits selection criteria. Further, there is opportunity for improvement of existing boat launch ramps and scenic shore sites on Lake Minnetonka. The Task Force concluded that a key factor to providing the public with access to Lake Minnetonka is the provision of adequate, legal, safe car - trailer parking within a reasonable distance from a launching ramp. On - street parking of car -trailer units, through sometimes necessary, is less desirable than off-street parking. For on -street parking locations to be considered reliable, they should be supported by long-term written agreements between the appropriate public or private group and the LMCD. and they should be properly identified with signs as approved access parking. Throughout the Task Force deliberations on public access, the desirability of and need for additional on-s to parking at launching ramp sites, old or new, was almost taken as a "given" in any discussion. At the same time, lakeshore market values in some areas make the achievement of this goal an expensive project." As stated by one MCTFLM member: `lake Minnetonka is in the process of becoming an urban lake. It's important that decisions to provide appropriate and adequate public access be made now, while some resource, are still available. No one has ever questioned the wisdom of providing public access on the Minneapolis Lakes, it's time now to do the some on Lake Minnetonka. The problems are two: first. the will (or willingness) to implement the necessary act ons and second, the finances to carry them out." RECDM SDATIONS 1. That action is needed to provide more and better quality public access at boat launches for small craft aryl fishing boats and at shoreline access points as part of the regulation of surface use on Lake Minnetonka. 3 2. That two immediate actions should occur: a. Establish a new process for planning and regulating surface use on Lake Minnetonka, as outlined under Intergovernmental Coordination on Lake Minnetonka, elsewhere in this report. (See page 11.) b. Provide expanded funding for the new activity levels prescribed in the sections on Intergovernmental Coordination and Non -Local Funding. elsewhere in this report. (See pages 6 and 8.) ISSUE !: KING'S POINT BOAT LAUNCH SITE INTRODUCTION At the Feb. 12 meeting, the MCTFL.M approved a motion which directed staff to draft a position paper on the issue of Minnesota Department of Natural Resource's (DNR) plan to develop a boat launch on the King's Point site on Halsted's Bay which was consistent with the position taken on the issue by the city of Minnetrista. DISCUSSION The MCTFLM has heard detailed presentations on the issue from both DNR and Minnetrista, has reviewed the report. of the 1983 Lake Minnetonka Task Force and has heard extensive comment on the issue frrrn other sources including persons knowledgeabie about the lake. FINDINGS In their consideration of testimony on the issue, the MCTFL" found that the weight of evidence was against DNR's development of a boat launch site at King's Point at this time, for the following reasons among others: - There are other existing or aitc Ate new access points on Halsted's Bay which appear to offer adequate access on that body of water, especially if developed as proposed in the work plan by Minnetrista. - The King's Point site is inconsistent with local land use plans and should not override such plans unless its necessity and ability to achieve a major public benefit can be demonstrated. Discussions about the proposal have not demonstrated that benefit. - The 1983 task force and other input on the need for new boat launch sites on Lake MinnetonK] do not indicate that Halsted's Bay .s a desireable place to pravide all the increased access needed in zone 5 or on the upper lake. The 1983 task force's tpecific recommendation for Smithtown Bay and adjacent waters seems tt, be a more logical choice for a new access site in zone S, both fo, reason of lake areas made accessible and for road access. i RECOMMEN -)N That ti, )Iitan Council inform the Governor and the Ctate Executive Council ch• nnesota DNR development of the boat launch site on King's Point, Halsted's Bay of Lake Minnetonka, should not proceed until it can be shown that nc, better alternate can provide adeluate public small beat access on the lake. ISSUE 3: NGN-LOLAL FUNDING FOR COSTS ASSOCIATED WITH LAND -RELATED DEVELOPMENTS Introduction: The MCTFLM included this topic ;n the scope of its report based on comments made at the early meetings with municipalities and on input from task force members. Discussion: When the December -January 1986 work pian comments were suggested to the municipalities and agencies, cost estimates were specific:,lly requested for: - creating the 700 reliable parking spaces - acquisition, development and operations for ar.i new access sites - needed street improvements for access streets to new and existing launch sites - improvements to existing boat laun::h sites - improvement.- i.c shoreline access sites Few work plans were received from the municipalities. Of those received, two contained specific cost estimates as follows: The Minnetrista plan, p. 13, estimates that the development casts of "any one site" has "capital costs upward of $500,000 (exclusive of capital r_osts to local government)"... and that capital costs to municipalities are a burden, "such as road improvements up to $500,000... at King's Point." Minnetrista's document contains no other cost estimates. The letter from Shorewood contains the specific estimate that one property considered by DNA as a zone 3 boat launch site will cost $1 million to acquire. it contains no other cost estimates. No other input from the Municipalities eported or estimated costs to municipalities for public access to Lake Minnetonka. The task forte discussions brought out the following information: 1. Based on input from DNA egional recreation open space implea»nting agencies, development c �f boat launch sites typically range from $50,000 to $100,000 in aetropoliten region, for a moderate sized access with approximately 25 car .railer spaces. Costs tens' " higher where a s to r "uires more enginaerinq to overcme difficult . -o conditions. The costs of on -site dove l op>rerrnt are Some by the developing agency and are not an expense to the municipality unless it is the implamenting agency. 5 2. Costs fo- road improvements to a beat launch site fall on a municipality if the access 3d is a city street. If the traffic generated by the access sites mandates read improvements, a significant local e,�peiiditure could be compelled for services to a constituency from outside the municipality. No non -local funds appear to be available to municipa ies in this event. 3. Costs to municipalities for I fire and medical emergency service to boat launch sites on Lake Minn( Ad are said to be substantial by the Mir(netrista work plar and by low_ governmental officials on the MCTF.M. No specific costs or cost estimates were reported to the task force. 4. Operating and maintenance costs for boat launch sites operated by municipalities were also suggested as significant cost areas by Minnetrista and by verbal input from Tonka Bay (during information meetings). No date -r estimates on this topic were included in the work plans received. Staff inquiries for specifics from the municipalities were unsuccessful. A-egior,al recreation agency collected operating costs for two large active boat launch sites on other Hennepin County lakes. to 1965 they were approximately $9,000 and S1i,000, respectively. The SII,OOC figu;e included materi ' and labor costs for a make-ready dock and rip - rapping. Maintenance costs on the largest and most active boat launches on Lake Minnetonka are supported by Hennepin Councy Department of Transportation. Hennepin County DOT also provides toilets and trash pickup at several other public access sites on the lake (presumably those are along county roads). Operation and maintenance of new free public boat launch sites on Lake Minnetor'a would be the res, sibility of the implementing agency. Findings: Acquisition, development and operation tnd maintenance costs of new free boat launch and other public access sites on Lake Minnetonka should be the responsibility of the ;mplementing agency. 2. The 83TF listed highway accessibility as one criterion for ac-ess site selection. If the site selected is on a city street, the municipality may need r 1p for road improvement expenditures compelled by the access sire. 3. There appears to be potentially significant costs to municipalities for providing police, fire and emergency medical service to public access sites on Lake Minnetonka. The scale of current expenditures by municipalities for these costs is not known. 4. Maintenance costs for those public access sites on Lake Minnetonka which provide the greater number of reliable car -trailer parking space for public use are provided b) the implementing agencies. The amount of ope-ating and maintenance costs expended by municipalities on other sites on the lake which provide free public access is not. known. Recommendations: The costs to municipalities and other operating agencies for providing free oublic access to Lake Minnetonka should be itemized and confirmed by LMCD and the municipalities. 6 2. LMCD should develop recommendations to meet costs of providing free public access to Lake Minnetonka from a non -local source at a level commensurate with expenditures municipalities make to provide accc�s to users outside their constituenr,. ISSUE 4: Non -local Funding for On -Lake Costs Introduction The MCTFLM included this topic in the scope of its report because it is the area in which most operating expenditures are made for providin; and regulating public access to the lake. i s c L,:.!i Staff colle-ted input from agencies currently active on the lake and found principal expenditures to be as follows: Activity Agency Amount Source 1985 Enforcement Henn. Co. Sheriff's Siept $285,000 Minn. Grant Water patrol . . . . . . . . . . . . . . . . . . . . . . . Sii9,000 (incl. on lake unrefunded gas tax, boat license, federal '-J) Water patrol . . . . . . . . . . . . . . . . . . . . . . . Henn. Co.budget $166,000 1985 Enforcement Minn. DNR Conservation officers on lake b in lake vicinity 1985 Lake and Access Henn. Co. DOT Channel Maintenar.c,, Dredging, S' -)re 1 i ne pro- tection, Buoys 6 signage, Access main- tenance, T-ash collet tion, `;ate i I i '_yes (toilets; (est.) 45,000 DNR budget, $45.000 Henn. Co. budget Additional expenditures Include (amounts not accurately known because items are within larger budgets): - Suburban Henntpin Regional Park District islands, to+ et and trash cleanup, other picnic facility maintenance. 7 - Communities --access (boat launch and shoreline) toi ct and trash cleanup are assumed, no specific data has beer. received on this topic. - LMCD, permit administration, information and edu-.ation, research, enforcement. - Minnesota DNR--information and education, especially about boating safety plus cooperative enforcement -related activities with Hennepin County Sheriff's water patrol. Finding Funding for enfcrcement and maintenance cn Lake Minnetonka is not adequate to meet the present need. Expenditures for research, planning, administration al education/awareness are so inadequate that they are limiting needed activity. Recommendation Funding sources should be found and adequate allocations made to support the agencies carrying out needed activities on the lake. The following alternatives are recommended: 1. An increase ir, the boating safety fund and an increase in grants from that fund made by the state to operating agencies. There are two possible sources from which the fund may be increased. The fir:-t possibility is that the Minnesota State Legislature can increase the allocation made to the boat safety account from existing sources. Second, added revenues can come to the fund from increased boat license fees in Minnesota. An increase in boat fund revenues should be followed by an increase in grant. to the active aye^-ies. The increase should be above the current base operating allocations and should be distributed by a supplementary formula that recognizes and encourages local effort. 2. OMR, LMCD and other authorized agencies should maximize revenues frorr permit fees, marina fees and other development and commercial use fees. The task force recognizes that such fees are normally able t:, cover the cost of services at best, thus are not likely to constitute a s:gnifrcant source of revenue for new activities. 3. Some MCTFLM members continue to urge consideration for a special license fee for all boats using Lake Minneto-)ka. The advantages of such a program lie in its equity and its direct t4 to uses. Task force members recognized the difficulty of such an approach, which lies in the perception of many decision -makers statewide who fear that a special sticker for any one lake will open the floodgates to demands for a sticker for every Rajor lake in the state. Clearly, this alternative -equires major legislation changing the way license revenues are raised. ISSUE 5: INTERGOVERNMENTAL COORDINATION ON LAKE MINNETONKA INTRODUCTION The MCTFLM identified intergovernmental coordination as an issue contributing to the problems about surface use and public accr - on Lake Minnetonka. BACKGROUND In 1983, the earlier Lake Minnetonka Task Force concluded that overlap in governmental authorities/responsibilities provided "the potential for confusion and conflict" and recommended that all agencies involved on the lake should meet, coordinate and clarify their roles and prepare a negotiated memorandum of understanding which would specify each agency's roles and responsibilities. Since 1983, the Lake Minnetonka Conservation District (LMCD) has discussed the issue and at a planning workshop in October of 1985, developed the idea that a "one -stop permit shop," a clearinghouse, would be a useful aid to the public on the lake. DISCUSSION Inquiry among the agencies with responsiblities on the lake suggested the following areas of overlap: -- Boat Launch Sites: DNR has a mandate to acquire adequate public access. The counties, the mur :ipalities and Suburban Hennepin Regional Park District (SHRPD) all have authority, under varying circumstances, to acquire, develop and operate lake access sites. -- Regulation of Lake Surface Use: LMCD has statutory responsibility specific to Minneton:., DNR has statutory responsibility statewide, and lake municipalities may have some authorities in this area. Hennepin and Carver iounties and SHRPD have authority in managing some aspects of lake surface use. -- Planning and enforcement for public water safety/boat,ng safety: LMCD, ONR and Hennepin County have responsibilities. -- Control over developments or improvements in the lake: LMCD , DNR and Minnehaha Creek. Watershed District all have statutory responsiblity. Municipalities have some, again, mostly implemented through LMCD. SHRPD and Hennepin County each have some specific responsibilities. - Control over marinas: LMCD has authority to regulate marinas including some controls over their location, the density of use and license fees. DNR has some authority over marinas as well. -- Control of dredging: DNR, MCWD and Hennepin County are all involved in dredging (licensing, regulating. permitting and implementing). LMCD is involved if vegetation removal ;s part of the dredging. -- Water Quality and Quantity: LMCD, DNR, PCA, MCWD, municipalities and counties all have somf statutory responsibilities and/or authorities. -- Control over land use, zoning and development adjacent to the lake: Municipalities are the principal authorities in land use and land use planning. Other agencies with various authorities in this area include: MCWD, DNR, Counties, Metropolitan Council am MWCC. The MCTFLM concludes that there is indeed overlap in governmental authorities on and around Lake Minnetonka and that this overlap may contribute to the problems which develop over access and surface use of the lake. CONFLICTING AUTHORITIES Many problems on Lake Minnetonka stem from the opposition of two statutory responsibilities for this resource. The State of Minnesota, through DNR, has a statutory authority and a mandate to provide for adequate public access facilities for all the state's citizens to Lake Minnetonka as well 3s all other lakes in the state. The DNR also na,. various authorities over surface use, water use and related activities. Municipalities around the lake have statutory authority to provide for the health, safety and welfare of their constituents through local land planning. in many instances they carry oul planning reiated to the lake thrcugh LMCD, which has extensive statutory powers. See appendix "A," sec. 3, 4, 5 for a full listing of iMCD powers. Proper use if the surface of the lake is among those areas cf LMCD authority. This implies that the most appropriate planning bod es are DNR and LMCD. However, the municipalities have !iot delegated any local planning authorities to LMCD which apply from the shoreline into the land. The only coordination of planning on land lies in the comprehensive plan of each municipality, coordinated by the Metropolitan Council under the Metropolitan Land Planning Act. Many of the immediate contentions lie in thota conflicts with local plans created by locating a public facility on land in a municipality. The conflict is not totally unique to lake access sites, it occurs for other reglnal and state facilities such as roads, parks, and waste sites. PLAN ADEQUACY AND IMPLEMENTATION The MCTFLM has also dealt with the wider problem of a process which would 1) develop a plan for regulating use so as to provide the best quality and quantity of use with the least degradation of the lake, and 2) provide adequate impetus for the plan to be carried out. The 1983 task force had adequately identified major problems and proposed appropriate general solutions. Adequate implementation of the solutions has not occurred. A part of the problem may be that the solutions proposed were not specific enough. The greater problem has probably been the lack of resources and of reasons to implement the recommendations. A process calling for greater activity by responsible agencies must also identify funds to carry it out. FINDINGS 1. Overlapping powers exist among the agencies which have responsibilities around Lake Minnetonka for effective and efficient government. The overlaps should be isolated and analyzed. Not all the overlaps are undesirable, some may represent necessary fail-safe mechanisms. 2. In addition to a better coordinated program of authorit:es on the lake, the MCTFLM finds that a process is needed both to develop a plan which will appropriately regulate lake use and to r•ovide impetus to implement the solutions developed. RECOMM.NDATIONS 1. That the LMCD become the lead agency to convene a meeting or series of meetings of representatives of all agencies/governmental bodies with authority on Lake Minnetonka, to identify and analyze overlapping authorities on the lake ..nd to develop a memorandum of understanding which would specify each agency's role and responsiblities. 2. That some revision in authorities on Lake Minnetonka take place which would incorporate present structures and authorities, expand authorities for certain existing authorities and expend new funds to achieve certain objectives. A schedule for the changes is included in the recommendation. a. The LMCD should become mere active, continuing to use its present powers to carry out its *unctions, including regulation of lake use, but with a wider exertion of its authority (which may need to be increased in certain areas) to coordinate planning and implementation of other activities in the lake shore cor..runities which effect lake surface use. This function should be consistent wi_:i Metropclitan Council planning coordination, as it may pertain. LMCD' should also adopt certain more restrictive ordinances on lake use, as it has recently done on the DWI ordinance. t suggested specific example would be to further reduce night-time and peak use time speed limits. The LMCD, cooperatively with DNR and the Sheriff's Water Patrol, should continue and expand its educational activities. b. Hennepin County should continue its present activities on the lake through the Sheriff's Water Patrol and the: lake maintenance operations of the Department of Transportation. The MCTFLM, Minnetcta ONR and LP'D agree that expansion of the Sheriff's Water Patrol, which has -erred over approximately the last ten years, should contirie unti: thr patrol is at a strength fully equal to its responsibilities, whict na.,e increased with added public. County DOT maintenance must also grog to match increr.ses in pub is use. A principal recommendation is that a regional recreation open space implementing agency, most logically the Suburbar •'ennepin Regional Park District (SHRPD), should prepare a master plan and financial program to acquire, develop and operate an exp..nded regional recreation open space entity on the lake which would incorporate existing -egional properties, other SHRPD properties and new boat launch anc shoreline access sites. The plan should be prepared by the implementing agency, reviewed by LMCD and DNR and approved by the Metropolitan Parks and Oper, Space Comm scion and the Metropolitan Council. d. Minnesota DNR should continue its present activities on the lake including: Providing enforcement by Conservation officer patrol including recent expansion in the amount of hours spent on the lake by an increased enforcement staff. - Continue to carry out its other statutory responsibilities for such tasks as permit review and wetland, lake bottom and water protection. - Continue to implement those parts of the 1983 task force recommendations which lie within its authorities, but with closer coordination with LMCD with particular respect to the selection (i.e., needs assessment, priorities and process for selection) of boat launch and/or shoreline access sites and for research about lake use. e. Other authorities are responsible for various parts of the overall management and protection of Lake Minnetonka. Examples include MCWD, Carver County, MnDOT, and there are ethers still. All should continue, no recommendation of the MCTFLM should be interpreted as calling for a reduction in those activities. 3. Funding is required to support the activities recommended in 2 above, as follows. Present funding is too limited to carry out the recommended expanded activity. a. LMCD is currently funded from two principal sources: revenues from marina licensing and a levy upon its member municipalities. To carry out its increased and more proactive role, MCTFLM recommends: (1) That the support received from member municipalities be continued to LMCD. within the currently authorized millage limit but with the change that the levy become a special levy not subject to the statutory limits set on the municipalities. This would confer greater visibility on a major funding source for the more active LMCD as well as make the task of raising the funds easier for the municipalities. (2) That the support received from marina regulatory fees be continued and maximized to the extent reasonable and proper. While some increased revenues may be realized from this source, they will probably not be adequate of themselves. This source may be affected by discussions going on in the state regarding the authority to charge fees for any commercial activity in which a state resource, such as a water body or its bottoms, is used by entrepreneurs. (3) That LMCD receive increased funds from other then its levy for its planning and regulatory activities which go beyond the local interest. Perhaps those funds can be from a boating safety source as they will serve to increase boating safety through research and education. 12 b. Hennepin County (1) The Sheriff's Water Patrol is currently funded in part from state boating safety funds and in part from the Hennepin County budget. The sources appear appropriate tc MCTFLM which suggests that some increase is appropriate from the state boating safety source (this source and its expansion is aiscussed below) for increases in enforcement, which benefit a: users, and for increased -.tivity in safety planning and safety education. Some increase in Hennepin County funds to the Sheriff's patrol are also appropriate in light of the face that the great majority of Lake Minnetonka users are from Hennepin County. (2) Similar arguments for increased county support of the county DOT maintenance operations appear appropriate, based on the majority percent of usership from Hennepin County. C. Regional Recreation Open Space (1) Acquisition and development dollars for new regional recreation open space features on the lake should come from a sper!al appropriation of state bond funds as an additional elemert in the regional recreation open space Capital Improvement. Program. Lake Minnetonka qualifies as a regional resource and the opportunity to do something significant occurs here. There have been other instances (e.g., Como o) where the legislature has recognized that a special area or project merits special funding for resolution of a cc tical situation. It should be treated in such a way as to enable a timely s iution without handicapping the long range plans for orderly development of the rest of the regional s/stem. i2) Operations and maintenance funds for a regio 1 recreation open space agency are another important cons!de-a, in. If a major new entity is funded for quick development, a rapidly increased operating burden is placed on the operating agency. Given the general condition of operating budgets today, this could be a real impediment to action. MCTFLM recommends that this project receive a timely special supplement during "start-up" which will provide adequate dollars for the agency to begin operations and make provisions for continuing support in its regular operating budget process. This sort of problem was specifically addressed in the Metropolitan Council's position statement on regional recreation O&M; no new direction appears necessary. (See Appendix B, the Council's position statement on regional O&M supplementary funding.) d. State boating safety fund increases are recommended. The fund could be increased by legislative ac.tior increasing the annual allocation from existing sources. Added revenue to the safety fund could also come from increased boat license fees. A substantial portion of the increased safety funds should be granted for special projects tc: active agencies such as Hennepin County Sheriff's Patrol and the LMCO to support boating safety services. Increases to the agency grants should be tied to increased local effort. 13 The MCTFLM also considered the issue of a separate license or sticker as a source of revenue from boaters on Lake Minnetonka. The task force found the source attractive for its applicability and equity but recognized the policy issue i; raises, namely, should DNR thtr enter into a special sticker for every lake in the state which is attractive to large groups of boaters? -he issue is a major problem to a lake license approach. 4. The directions in the foregoing recommendations from MCTFLM are general in nature, leaving much to the initiative of the agencies involved. The MCTFLM also ident'fied some specific items which they felt should be incorporated as recommendations in a position statement. They are: a. Before proceeding at King's Point, DNR should first respond in writing to Minnetrista's submitted work p;an and its proposals for alternative access sites in zone j. DNR should demonstrate that the proposals are either inadeeuate or not feasible before proceeding on King's Point. b. Municipalities in the south shore area of the upper lake, zone 5 and perhaps some of ad_acent zone 4, must commit to a good faith effort to locate a feasible access site with DNR and LMCD. C. Orono should reduce its opposition to new access sites, especially for zone 5, while continuing to provide the new re cable parking in zone i. d. Mound and DNR should fully explore and document the potential at Lost Lake, in cooperation with LMCD and MCWD. e. Minnetrista alld DNR should work cooperatively at the existing Halsted's Dr;ve access (or other Halsted's Bay site if another is proven better) to meet the parking space numbers Minnetrista proposed for Halsted's Bay in its work plan. 5. The MCTFLM recommends the following schedule: a. Implementation of the recommendations of the 1983 task force for parking, new boat launches, and shoreline access should be carried out, or a firm schedule for their implementation agreed to, by the end of CY 198). The actions will be carriec nut by DNR, LMCD and specific affected municipalities. b. A legislative recommendation for capital and operating funding of the new regional rec-eation open space entity, based upon a general plan prepared by the implementing agency should be completed and agreed to by the agency, DNR, and Metropolitan Council in time for presentation to the 1987 legislature. c, A legislative proposal for the increased or modified authorities for LMCD and the recommended change in its levy structure should be prepared by October of 1�+86 for presentat on to the 1987 legislature. d. A legislative proposal to increase revenues to the state boating safety fund from eitn»r existing sources ur from increased boat license fees should be prepared by October of 1986 for presentat on to the 1987 legislature. S e. T; specifics of new uoat launch site selection, to be worked out by LMCU, DNR, MC and the regional implementing agency, are dependent in part upon events at King's Point. If DNR were to halt development at King's Point for the 1986 season, with a clear intent to proceed in 1987 unless an appropriate alternate site is found, stimulus to cooperate would seem to be there for LMCD, Minnetrista and the other south shore/upper lake communities. If that exploration of sites took place, a site for the regional entity as well as the "small boat/angler" site which DNR seeks could possibly be identifie- in the same process. It seems logical that DNR, Metropolitan Council, the regional implementing agency, LMCD and the municipalities might all participate in that site review, with DNR reserving its intent and authority to proceed at King's Point if no specifics emerge. 6. If nc action or inadequate action has occurred by the start of the 1987 legislative session, as udged by Metropolitan Council, an increasingly directive procedural alternative should be brought into play. Staff has suggested consideration of Critical Area Designation, MCTFLM members wno are also Council members suggested a ,4etropolitan Significance Review. In an/ event. the decision to proceed with a stronger directive to implementation appears to be an important part of this task force reccwnendation if timely implementation does not occur. ISSUE 6: MUNICIPAL POLICIES WHICH RELATE TO LAKE USE AND DEVELOPMENT ON THE LAKE This issue was added, in the category of "other issues," during MCTFLM discussions about the scope of the task force report. The issue is mentioned in the 1983 task force report, as follows: ;'fhe Task Force commends tiose Municipalities that have provided public lake access and recommends that lakeshore municipalities, when managing access sites under their control and when considering new lakeshore development., give particular atttention to the goal of improving access for fishing craft and small re_reation boats. The Task Force recommends that implementing agencies and lakeshore municipalities cooperate in monitoring any future land use changes at existing commercial access sites. Consideration should be given to creation of a public access site at any existing commercial access ►ocation prior to possible futurt> rezon+rg of such a site to multiple dwelling or other non -lake access use.' When encouraging municipalitie: which have policies that aid public access. the 1983 task fcc-ce did not speak ,o the oppos te, that is, policies which work against public access. There ire at least two ways in which these may occur: - A municipality's policy (arid zoning) may favor private and commercial developments which increast lake use, without providing free public iccees. - Municipal policies may directly or indirectly-ohibit free public access. including public access where it may otherwise be appropriate. 15 DATA It is not clear if the 1983 task force studies collected infurmal:on on this topic. The MCTFLM has received no records other than anecdotal mention of examples. No specific input was received from the municipalities on this issue. RECOMMENDATION That the report of the MCTFLM describe the issue and recommend it as a pr;ority issue to be addressed by LMCD. 1CO has excellent access to the municipalities for data. Staff assistance, i.e., technical assistance, could reasonably come to LMCD from the Metropolitan Council, because of that staff's experience in comprehensive planning and zoning issues. A useful product of this study, among others, could be an inventory of those parts of Lake Minnetonka's shoreline where boat launching and other public shore,;ne access are not prohibited by policy or zoning conflict. With this inventory, decisions about future public access could be based on a more realistic view of what is anc is not possible under current local plan controls. ISSUE 7: COMMERCIAL ACCESS TO THE LAKE This issue was added ir. the category of "other issues," during MCTFLM discussions about the scope of the task `orce report. The issue is mentioned in the 1983 task force report, as follows: "There are two principal forms of privately owned lake access facilities: commercial marinas, and food/entertainment establishments. Commercial marinas provide many important services required on any public lake. These services range from simple directions and general boating information, to gas, maintenance and boating accessories, to boat sales, storage and public access. Many of these are provided free but others are necessarily provided at a charge. The LMCO should encourage the diversity f services provided by commercial mar'ras or, Lake Minnetonka." DATA It is not clear if the 1983 task force studies co lected data on this topic. No input was received from the municipalities on this issve• The ig84 DNR- commissioned surface use study could not acquire direct information on users from this source though .4ome information was derived by inference. RECOMMENDATION That the MCTFLM report describe the issue and recommend further study on use from commercial access as an important data source co guide several surface use decisions. Specifirally. it would be very helpful to determine the following characteristics about users from commercial access points: Numbers and use times Type of use Origin. destination and =ones or sub zones of greatest use. 16 The information should be acquired with other information in the process recommended by MCTFLM which calls for a more active LMCD, working in conjunction with continued r2sri,ch by DNR and by the Metropolitan Council. ISSUE 8: RESF4RCH ON RECREATION USE OF LAKE MINNETONKA INTRODUCTION Several agencies and group have conducted research on re— ational use of Lake Minnetonka. The issue for the task force was whether this data is of sufficient quality to be of use in making policy decisions regarding lake use. In crder to judge the quality of data. one musk consider its: 1. validity, that is, whether the research method yielded a true picture of use at the time the data war collected, and 2, reliability, thct is, whether the research method was repeated often r -11 to account for the variation in use that occurs at different times, or, different days and under varying use conditions. Each source of data on lake use will be evaluated on these two poirts. WHO HAS COLLECTED DATA ON USE OF LAKt MINNETONKA? Several agencies have collected data un use of Lake Minnetonka. The following five efforts have yielded data useful in task force discussions. 1. Lake Minnetonka Conservation District (LnLu) The LMCD has collp I data on surface use and shoreline boat storage for several years, tt ast being done in 1982. surface use data includes nurhers of boats in various parts of the lake at peal,, times on summer peak & The boats are classified as to type. Prior to 1981, the counts were made from an airplane. In 1981 and 1983, counts were made from aerial p►.itographs. Boats stored in slips along the shoreline have been counted ant, classified for several Years as well. This is generally done at a low u+*e !,me of the season when the maximum number of boats are likely to be in t►reir lips. The courts are made by boat. 2. M ,nesota Department of Nat.. al Resources (DNR) T;)e DNR has conducted two oifferent kinds of studies on Lake Minnetonka. First, the st&ndard "creel census" work done as part of ongoing fish management of the lake. The most recent of these studies was done in 1975• Information collected included fishing and other surface use pressure on the lake in terms of man-hours. The data was collected by persons in a boat doing interviews and m3 tantaneous counts of boating activity in 30 specific sections of the —, e. Standard analysis methods have been developed for this type c-, we The DNR also conducted an evaluation of surface use on Lake Minnetonka in 1984 as part of a larger similar study of several Metropolitan Area lakes. This study used a variety of methods to portray use of the water surface. Public accesses, private access ana riparian shoreline access. Surface use data was collected by airplane !'rovers on nine .-+r*er days, at varying 17 times during the day. Public and private access interviews were conducted on a minimum of 10 days distributed before, during and after the summer season. Residert lakeshore owner data was collected in July, September and October. Access users were interviewed immediately following their boating trip. Residents were asked to --ill their most recent boating occasion on the lake. The access interviews collected a wide variety of data including time of use; parking location; primary activity while on the lake; motor size; miles driven to the launch site; boating safety experience, training and opinion; access preferences; opinion on use restrictions; income; and use of and opinion about alcoholic beverages while boating. The , -face use flyovers collect.ec data nn number and type of boats. The interviews and surface use data -e combined to estimate the proportion of surface use resulting from - . accesses, private accesses and riparian landowners. The study was dai,.. code; contract by B i ocentr i c, I nc . 3. Me ropolitan Council (MC) Metropolitan Council parks and open space staff have interviewed public access users at north Arm and Spring Park (1978, 1982) and Gray's Bay Dam (1982). Each access was covered for a minimum of eight four hour sampling periods on summer weekends and 12 periods on summer weekdays. Boaters were interviewed as :hey were taking their boats out of the lake. Information collected include: a. Time boat launching occurred. b. Type(s) of activi:i^s done by boaters. C. Reasons why that particular boat access was used. d. Number of people in the boat and their ages. e. Perceptions the boater had of lake water quality � Dblems and boater's •as,ns for choosing this lake. f. •e of boat motor (if applicable). g. ether the boater parked in the access parking lot or elsewhere. h. Soater's perception of whether the lake was crowded and whether the number of boats on the lake increased, eased or had no effect on the boater's enjoyment of the lake. 4. Hennepin County Sheri`f't Water Patrol The water patrol has compiled extensive statistics on boating activity as part of its law enforcement duties on Lake Minnetonka. Each reported or detected incident of theft, ord."ar,ce violat accident, drowning, etc., is recorded by location, date ai,d r,me. The a4t.: goes back for several •ears, and a summary report :s presented to the :MCP for each year. �. Suburban Hennepin Regional I'ark District (SHRPD) The SHRPD has rollected data on use of its Droperties on Lake Minnetonka since 1978. These properties are on Big 0, Wild Goose Island and Wowatasso Island. The data is collected strict research staff or ranger personnel and is reported by month. er numbers are all that is reported. in Add tion, the District did a stud, of the Gratis Bav Causeway Access in 1981. User numbers, activity, length of stay, equipment and c gin were observed during this study. 18 WHAT DO WE KNOW ABOUT RECREATION USE OF LAKE M'NNETuNKV �- iew;n. research conducted omr. the last 10 years, the task force et, inat the data do nct support any wide-ranging conclusions about lake use. Researcl- has been either narrowly f, used or has involved the testing of new data collection methods with little r-rietition. In most cases, the validity of a given piece of information can only be determined by comparison to a similar piece collected by anothc., agency at another time. Only a very small number of studies poss, s sufficient validity and reliability to stand on their own. However, there is some useful informatior For example, consistent data from the DNR and LMCD show that peak use is about 2,200 boats at about 2:00 p.m. on a good summer Sunday. The approaches yield very consistent data when standardized for time and type of day. The LMCD data goes back 10 years. The rates of change are somewhat larger than. icreases in ot,ier types of water - based recreation activity in the Me'ropolitan Area over this time period. The percent of boats of various kinds at peak time doesn't show a clear pattern. Major categories are significantly different when comparing LMCD data and the two most recent DN" studies. There are some deFinitional inconsistencies as well. The LMCD data on boat types shows en increase in the proportion of runabouts and miscellaneous boats at peak times. The proportions of other types are steady to slightly declining. A second piece of information concerns the number of boats stored on La!:,?. Minnetonka. The LMCD data shows that cruisers have ,ncreased their proportion, rowboats and miscellaneous craft have decreases!, and the proportions of other types have remained relatively steady. Quite a bit of information has been collected on public access users at least at the larger sates. About 50 percent of them are there primarily for fishing. This proportion varies only 4 percent over four independent DNR, and Metropolitan Council studies. The mean distance travelled to launch is about 19 miies for the major public accesses. Limited DNR -1nd MC data indicate. hat distances travelled for the minor accesses is less. About 25 percent of public access users think the lake is crowded. Limited MC data indicates this rises to about 60 percent at peak times. Average motor size is about 85 horsepower. Activity data reported by the Sheriff's Water Patrol shows that the primary timt for violations is during the rekend evening hours (Friday and Saturday). The number of "activities,'' which include citations, warnings, arnidents, property crimes and miscellaneous incidents, has been nearly constant for the last three years at approximately 2300 Results are mixed as to wi ter the pattern of ac'ivities is being dispel-ed to more and more sections of the lake. It should be remembered that changes in actual amounts of activity from police records may be dif`icul: to determine because of limits on staff availat,�e to note activity during busy times and variation in patrol patterns. Use data reported by SHRPD shows that use of the Minnetonka Islands is increasing. However, major var:ations in some years and the prob;ems inherent in estimating this kind of dispersed use makes it difficult 'o confirm patterns or rates of change 1C-4 SUMMARY OF THE RESEARCH SITUATION Research on recreation use of Lake Minnetonka is characterized by the validity and reliability problems discussed earlier. The valid, reliable studies (LMCD peak boat courts and Water Patrol activity tallies) collect only a limited amount of data. The broad studies --MC access s idies and ONR lake use _-tudies-- have been repeated too few times to build a reliable data bas- These troad studies, after a period of testion have developed goon methods for coon:toeing conditions on the lake. Specifical,y, the 1984 DNR study is probably the most valid approach that can be found to study lake and access use. However, the assunptiens and resultant analysis methods of this approach require substantially more data before reliability can be achieved. This is not to say that the findings of the DNR study are unreasonable. On the contrary. where comparablr studies exist, findings of the 1984 DNR study are similar to those of the other studies. It simply means that more data TUS! be collected to bu;.d a defensible case about the use of Lek$ nrnnetonka. RESEARCH VIEWED IN LIGHT Ot TASK FORCE ISSUES The task force analyzed eight issues in developing its recommendations concerning Lake Minnetonka. The status an:: applicability of research with respect to these issues :s discussed here. Primary Issue A --Adequacy of boat ana shoreline access on lake Minnetonka An eva:uation of adequacy requires a measure of adequacy. In this case, the basic measure of adequate public access is one car -trailer parking space per 20 acres of lake surface. This is a guideline ,el.,*-ed by the Metropolitan Water Access Task Force (Metropolitan Council, Minnesota .,partment of Natural Resources and Minnesota Department of Energy and Economic Development). It was subscribed to by the 1983 Lake Minnetonka Task Force in developing a recommendation for 700 reliable ca. .railer parking spaces on the lake. This guideline was cerived from a broader guideline of one boat per 10 acres of lake surface which has beer, used in water resources planning for some time. This original guideline is based on a variety of research studies in the 19As and e:,ily I970s. Needless to say, the actual "s-'^ and pleasurable" boating density depends c great deal on the kind of lake and the type of boating be,ng done. The studies behind the original a boat per 10 acre guideline will not be summarized here. Suffice it to say that the current public access guidelines of one parking space per 20 acres of wate* was derived by simply allocating h:�If of the density guideline to private aces~ and half to public access. The adequacy of access can, therefore, be evaluated from two perspectives: 1. Adequacy of public boat access, and 2. Adequacy of overall boat density on the lake and the proportion of density that is allocated to public and private accesses. With regard to Lake Minnetonka, these two items can be addressed for the entire Irke and each of its subzones. The inventory of public access sites shows there is insoequate public access to Lake Minnetonka in general and pa -titularly in Zane$ 3 and 5. The question of adequate overall boating density on the lake is not at easily answered. Valid and reliable research exists to show that at peak times, the boat density 20 reaches approximately one boat per six and one-half acre- (2,200 boats on a 14,000-acre lake). In several small, restricted parts of the lake, the density reaches one boat per acre. In several large, open areas it is less than one boat per 30 acres. If one looks at the peak, the level of access resulting in this density is more than adequate overall and would benefit from more even d spersal. However, recreational facilities are seldom planned or regulated to handle the potential peak time. A better criterion might be average weekend day peak. The data is not as clear for average peak as it is for potential peak. The reason is that there is only one study that addresses other than potential peak use. --the 1984 DNR (Biocentrics) study. Earlier- DNR creel census data does not provide this measure and is generally out of date, given the growth in boating since 1975. Annual data collected through 1982 by the LMCD is specifically aimed at highest peak use once a season. As discussed previously, the 1984 DNR study is a valid approach which yields reasonable results when compared to other studies that collect the same kind of data. The "typical" weekend day peak density of about one boat per eight acres and the approximately 25 percent of this peak use coming from public accesses, indicate that overall lake access may be adequate but that public access may be inadequate. However, repetition is needed to provide reliable estimates of both these variables, neither of which has been addressed by other studies. Primary Issue 8--Non-local funding for land -related development The only use information applicable here -s visitor origin. There is valid and reliable data available on where people come from to use the public accesses on Lake Minnetonka. This information could be used to address questions of non - local share of funding for boat launches and shore access areas. While exact calculations have not been made, it would seem that about 25 to 30 percent of public access users come from the communities surrounding Lake Minnetonka. It should be remembered that access visitor origin may not be the only criterion tc use for determining benefits received from public access. Other Issue Cl--Non-local funding for on -lake costs of public access, e.g., public safety and law enforcement Once agar- for origin information, as a measure of who benefits from these -)reratior could help in developing an approach to non -local funding. he data as reliable here. As discussed in issue A. the amount of use ;.orr commercial and riparian accesses has been addressed by only one study. riere is also the question of whether all the commercial and riparian access should be seen as a benefit to the local communities and their residents. In any case, the share of local benefit from on -lake operational activities would probably be higher than the share of benefits from on -land, access -related activities. Other Issue C2--Intergovernmental Coordination Use research has little to offer on this issue. Inderd, this issue may have more effect on the conduct of valid. reliable research studies than vice -versa. Other Issue C3--Municipal policies which relate to lake use and development on the lake 21 There is valid and reliable data on the number of boats stored on the shores of Lake Minnetonka, by boat type (runab(ut, cruiser, sailboat, etc.) and source of boat (commercial, multiple re 'dential, other residential). This data has been collected by the LMCD for several years. The number of boats stored on the lake has dropped about 15 percent over the last 10 years. However, the number of boats red at commercial and multiple residential sites has increased by about 15 cent and 25 percent, respectively. To the extent that municipal policies can control storage, the data speaks to how well this is being done. Other Issue C4--Commerciai access to Lake Minnetonka Comments on issues C3 and A are applicable here. Commercial access has increased according to data provided by the LMCD. The proportion of use that comes from commercial accesses at peak on a typica� weekend day approaches 5%) percent, according to the 1984 DNR study. Data from the i983 task force report indicates that about 35 percent of the potential "boats on the water" were commercial access boats in 1982 (pp. 12 and 45 of the report show 2,966 commercial craft and of a total of 8,622 public access parking spots and private boats stored on the lake). Transient boats launched at private marinas would raise this percentage somewhat. However, the number of unanswe.-ed questions and a gap of 15 percent between the only .o applicable data sources indicates that more study is needed. Other Issue C5--Public information/edul-ation/relations about use on Lake Minnetonka There is some research that shows the kinds of public information and education that needs to be done. Water patrol activity data shows the hot spots needing some kind of public education concerning rules for surface use. Valid and reliable data exists on perception of crowding and on areas that are crowded. Public relations and adequate access could steer people to less crowded times ana places. The 1984 DNR study contains some information on boater opinion about alcohol use and potential surface use restrictions. Speed limi°s are the most commonly supporter) restrictions on use. Non-alcoholic beverages are seen as the appropr°ate drink for boat operators by the majority of people. The proportion of opinion in favor of both of the measures is greater for lakeshcre residents than for public access users. While the 1984 DNR interview's neec. repetition, it would seem that these results provide a reasonable place t.� start in forming a public information/education program for use of Lakc Minnetonka. Other Issue Cb--States of research on fake Minnetonka use This section of the task for a report deal-- ran' -rlir w,rr� ih!s issue. Summar i es of r esearch ha-.,e been g i ven. A ` that rema i ns is recommenciA' cins concerning tr°e scope of research needed to sunpc­t dr- ,;ons o,, to lake_ use issues. RECOMMENOA710NS_FOR ADDITIONAL. RESEARCH '•. There should be expanded use monitoring, especially for peaks and length of peaks. T'he,r. seems try be some opinion and data that suggest level or deciining peak use. This needs substantiation. 22 2. There should also be some origin -destination work done on boaters. Where they put in and where they go on the lake would help in locating future access. This is relatively easy to do, but it requires interviews of users at all access types. 3. Data on potential increases in all types of access is needed. This means monitoring of shoreline development, local plans for this kind of development and plans for undeveloped land in what might be called the "service area" of Lake Minnetonka. Methods and data exist to gauge changes n public access use, but similar systematic data is no-_ available for other types of access. Increased development in commun ties surrounding Lake Minnetonka will probably put pressure on surface use of the lake by increasing demand for all types of access. This will be particularly important as the proportion of use arising from different kinds of access becomes more ciear. 4. The last research need is all inclusive. A systematic research program is needed on Lake Minrietorika. Every potential action implemented on the lake to correct problems will needed complete evaluation --it's simply that kind of environment. A cooperative, jointly funded, jointly designed research program is needed. No one agency can justify the budget needed to procerd on its own. In addition, the variety of interests served by lake Minnetonka make it difficult for any one agency to achieve the credibility needed here. SA3889/PHOPNI METROPOLITVI COUNCIL'S TASK FORCE ON LAKE MINNETONKA Appendix: Lake Access Work Plans Received from Lake Minnetonka Communities In November of 1985, the MCTFLM requested that communities on Lake Minnetonka provide work plans which would show how they preferred access needs around the lake should be met. The request was made to provide municipal governments "an opportunity to...come up with viable solutions to implement the recommendations for public boat access and shore access of the 1983 Lake "Minnetonka Task Force." The responses received were as follows: Shorewood pp. 1-2 Orono pp. 3-5 Mound pp. 6-7 Minnetonka pp. 8-23 Tonka Bay pp. 24-38 Woodland P. 39 Mirnetrista pp. 40-end Telephcne responses were also received from Excelsior and Spring Park. CITY OF u•.. Roam tv. CD .r.� ti . T ad KMi �,n iiODw't !J: AO�INISTAA'7'. Gw"01 J. vor. -BV0OD SHOEV 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA SS=1 • 0:12) 474-r3' January 15, 1986 MN - •--•- Mr. Pat'lck Scully, Chair ':. hatropolttan Council Task Force on Lake Minnetonka 300 hetro Square Building Seventh and Robert Streets Paul, tin 55101 Dear Chairman Scully: TDe City of Shorewood has analyzed the :ake.sho:e within its jurisdiction on �t�•s-� Lake Mnnetonka for the ru:-pose of locating water access sites. :: was found that ' ao.additional sites for water access onto LaKe Minneton" are available in Saotwood._ it is apparent that only through the condo -ration of prope-y vi':h structures existing could sites be found. As you know, this would be extremely expensive and time consuming. ,F As Department of Nattittal_Resources (DNB.) staff has found site research, tbxoa.(3) possibie-sites exist in Lc_c 3 of Shorewood. These rites art listed " as T1aDez !pane, Snug Earbor aLd Minnetonka Portable Dredging. As the site _ evaluation for these sites indicates, overall ranking :.s poor. Also, all three (3) at would be high cost sites. Further, each site has various o-her aspects -"-� imbereai to the sate that receive a poor ranking. :nese aspects include: M !fir^w� -labor ..ane - Poor relationship to resioentia., esident.aliv zoned, floor N.E. _J protectim iron wind and ice, and poor tills or co alex ownership. �. Snus harbor.- High sit i alteration, poor shore -fishing opportL.ities, poor t.tie -i•-r-�C or camex ownership.: s Z`- r:rmetoaka Pert_ble Dredging - A fair rating is given for a willing private r:rope-to owner. however, xis owner wants S1 million for tee property. also, poor protection fros► wind and ice and barriers to'lialit Large boats. site listed in Zone 5 also received a poor-ranking.�7le site was 'listed as hogward's Leta: harira. :his, again, would be a ve^;• high cost site. Other aspects contributing to the pool ratan; include: Umrillitlg seller,=e'_atio-;ship to residential properties, accessibility to hi=bvvys, :nteasit-V of boating the area anC barriers to limit large boats. :/Iwo • .,. 1a.� .1 G C, /. 'Z' A Arpelr►riff rompmunav on Jkt M1nnV0nkl's ZOV'— 2wr lir. Patrick Scully January 15, 1986 page two As to the issue of creating more car -trailer parking spaces, since Shorewood has no public access sites onto Lake !!innetcnka, the crearion of parking spaces for car -trailer parking within 1500 feet of existing public access sites is inappropriate. Finally, if a site for a public access onto Lake liinnttonka is located in Shorewood, it is my belief that the City will provide the DNR with ar.y assistance available in order to develop sach a site. If Z can be of furc�he- assistance to the :ask Force, let r+e know. Sincerely, CITY OF SHOREEWOOD Daniel J. City Adain strato- - DJV:ph CITE' of ORON Post 0:5os box 66 -, Cr-,e*W bay. MaLnaso" S= • MuwaaaJ On the North Shore of Lake Minnetonka January -9, 1986 Mr. Patrick Scully, Chairman Metropolitan Council Task 'Fo:ce on Lake M—,nnetonka Metro Council 7th and Robe:t Streets St. Paul, M: 55=C' Dear M:. Scully, Attached please rind a copy c_ the Resolution outlining Orono's contingent commitment :o: up to 79 parking spots w::ich gives the balance of pro -rated parking needed in Zone 1, as originally outlined in t' a lbel Lake Minnetonka "_`ask Force report. As indicated :t :s anti sated that the slots would come through the developzmer.t c= =a=cels that are boob od=-site and o:f-st:eet within _5-C. `_eo_ c` the access that are cu::ent-_ owned bv the City cr C:cnc. Please note tae cont _ncencies !c: w::_c t::is ccm-_tmen- :_s given. Saou�d toy nave any !u tite: questions or co=ents, _e-ase !eel `:ee to r-tac_ me. Se:.._. . d scn CC: _:ank Mix&, lake xinnetcnka -^cnse:vaticn .:ark Ma:.- - - ":et: o Orono ,ion ==a-., ':et:c Como:= I NUILDtN;;120l,�1%G- • ADWNISTRA710%L fl*,X'%CE-+-3--336 • 1L'f:.;c�%OR►:S-s';•'3.;9 ^S3ESSI%G City of ORC�10 RESOLUTION .,,-THE CITY COUNCIL Ik A RESOLUTION REGARDING PARKING SLOTS FOR ZONE 1 AS DETERMINED BY KETROPOLITAN COQNCIL$S TASK FORCE WHEREAS, the City of O:ono contains 40% of the sho:e:ine on Lake Minnetonka, and WHEREAS, Lake Ninnetonkt is an extremely valuable natu:al and :ec:eational :esou.ct, and WHERMS, the City o: Orono has cone to g:eat lent the to ^t only p:ese:ve but also in?rove Lake Minnetonka !o: the public nea/th , sa_'e:_v and wt::a:e °c: all 'lake '-,se:s and :akeshe:e owners, and WHEREAS, a :'ask Fc: ce c.- LaKe N - )nka :ecor..=ended among other ite=s r::at 700 ra:k:. _ sac ea: !:ee vcblic accesses, of the existinc l,'_72 be cc=ited to be :e1ia=I spots !o: such use, and WEEMLS, the Lake X:rnetonka Corse:vat-cn __s..___ :as devticoed c:_te:-a and :s seek::.; vclunta:_ cc-.___nen_ _-ese r- is , nd WEEREA.S, the Me::cvc__tan Cc.:n__l's TasK '-:ce an --e enco:._tz_ng c=.r_ _t=en- s-4 t..::se WEMR22.S, =_^.e Minnesct8 tee-%art^ent vs "as n8�e� r_-ze ^ cn to a ...axe :G. add" _zeal `: ee WB RMAS, _..e sa_e-L c`=ca:e:s cn ^.e lake -s .=,Da.. by .._._.=l:s C`- rats cn the :LKe d'Je to in --:eased access, t-C iityBiAS. :zne 1, the on: -e ina _c;, t:.t:t _s an _pats to :eat.. — s=cts nt 2cnt, &.nd >^E= S, ca:K_nc c"_si-e -f _-e -____c access an -e s:_te_ car. ca-se ce: ta-.. :c:__c save-_ __ :ce:-s, and FE,RE-�_S, .-e de-a-d `-e: _ •s access :s l.r. _ =!d :o :c 8 ..r,ts _e-. ssas^r.. 4 City of OR J� O RESOLUTION OF THE CITY COUNT NO. 1915 NOW, THF'nPORE BE =T RESOLVED, that the City Cocnci l o: the pity o: C:on< ill wo:k towards the developer-nt of L:c to 79 additional parking spots in Zone 1 or. .and awned b.• e:the_ the. ity or the County provided • �,t: + a.) No accesses in addition to thcse t.,a: existed on Zanuary 1, 1964 5e placed on the lake an! t:.at :..N.'R. si gn a w: i :ten as: Bement : th L.m.C.D. that they wi _ 1 not place any accesses on t..e lake. .. ) Fun d• c :o: total develcpwen_ c` tI.e sates core =:om sou:: .es outside the city and that deve:c=ae::_ 5e only to the extent of available outside :•Lnd:ng and c.) To the extent :easi'�1e that 3evelopment 'ce phased to meet demand and That any deve-c:nent of c:`-s-lee: pa:king be done _a a Wannt: t% at c_ sc:eer.iac_ ar.3 cowpata.,___ w__.. an,-! FZRT -rR ? t'cSOLVEDr thct `_-e :_ ��' of —e Citv of Crono=:orc_v restne fake *:_-ne=c-:Kz ::st:.ct to _ , Ose a tee c'. a:.. .^..:+at_' " .:se:s Ot :-e .aKe tc for the COSts Or _aw en_c:cone':, laic! ad^r1n1St: ati0:., an. !^u.'THZR BE _T RESC:,V-�--D, that as ca-k_nc _s deve:-cec c"-st:elt :a Ken to _ or.-st-ea : _n tae vac:, of t acces-z to _i.;.it tie ___ sa- `_e naza:Ls and n__s&nce4 ESS:__a_�_ 4__.. th# a:less. -_ _ ndc�t6 . .'^,v the C:`v Coin_ : c= _..e _::}• �: _.. 4::..^escta tt g=e'--Z= "a"=-'9 ht:., :.a.::._ - � -- --• :ae. , :it c_ 5 CITY of January 198tt Honorable Rudy Pe -pith Governor of M, i nnesc ;a State Caritol St. Paul *tN 55155 honorable Arne ii. Car -171n State Auditr- r 491nnesots Suite 440, 5:5 'are Street St. Paul, MN 551 'ND i+Is;N:. vwoo- ao.._. OJ�:.. latNnfSCTA, :.536! 472-11 SS Honorable Joan Ancerson Grrjwe Secretary of ;he State of Minnesota Room 180, ,;e Off ce Bjilding St. Paul, MN 53115 lonorable Robert Mattson State Treasurer of Minnesota 1208 Grand Avenue St. caul, MN 55105 Honorable Ht,ber,� H. Humphrey III Honorable Marlene Johr-.on Attorney Ge* ,f Minnesota Lieutenant Governor of Minnesc:a 101 State CL._ ' 122 Cato Capitol 5- Paul, MN :51:5 C. i, MN 53155 Review n' 1ncr• ':ed' Pu. r Acces a Minnetonka Der . vernor 'Pr-`:h and Members of the Executives Council: ini• .-er cutli.jes the fc :.al response to the Metropolitan Council 'ask For: a Minnetonka wnc, at your direction, are in the process ct isn't; 15 to 1583 Task Ferce recornienca: i on of i dent i f7 0C re 1 i ab i e car - ; spaces servin; p:">1 accesses on, Lake MinnetZnKA. he City c` h. 3 a lone, history of makinS Lake Minn*:onka a= ssitie c+-v residents Wtze? )f the cameral puzi ic. Small access s:tss are �•:crrc nc :ne City of Mount. These sites, althouch nct a:.rczria:e fc- i Use7s,-rovize. :'%e Mears for i imi to . -Pars zf roe- i8-esrl@r* res iuents zc gain a::ass `.o the lake. i�:. i :IC'.i i ly, the : i .v `as �wmership of 1 .9 i imeal mi ies of ;ari Inc c=mw, •ems around -me -ine 1oE9. L00 docks were in place alone ;nose are& --ovicing access • cr _ zf no C; whc, in c=s: cases, are nor-lakesnor .rPers. I •oat nc1P=s at noun;: • ; mark is Used 3y bc;i• loa,,-Wi;-e--s s-: .-.m gone rei puoiic. The City has os-*rminot :he: further expansion of ;nis facillty is nc: 1re ;c ad azer.; la -it csas, limited land area ant ack Of suitable a-"$ trr flarKinc. Tne hound ,a, FarK access is iOsatec he:•ttn a sw .:in; beecn ame a -'s'fi iy resic.en; ai s:•uc:U—t. in the S6-.,n . mcn:ns, Iris 2.: acre os-a is ir.:ensiveiy used. Due :a ;nis intensive usage and :ne iimitsd s;2e zf -.me Larn., expansion of the ta:'lity woeid increase ;ne cranzes Ot Dedes:rian/venicular confiicLs tC 1:nac:e:;s,;,le levels. As a rest'tt :y of lSOume :ar.nct s.: ".: •: ex;.ar.s i cr of t r fa:. i i i ;v. r -kin; it ;ne vi; ini-t c' «.ours 'sv ark avelczme!�: :a::e•r. .I rtus.l% .rest a-kina cz:c aion; coun;v roacs wnicr, zor.;ai,- snoL ..ar areas Cr :-eke, nave A% (•!.MM' "%I: CM! RC. Oai ?%W O!!.! V .66�8 to C, ?A .. L C• c v •.L-:I pOtL ]tl.a . Page Governor and Members of Executive Council January 30, 1986 on -street parking which serves abutting businesses and residet.,es. Due to this situation, expansion of on -street parking is viewed as being physically impossible without costly modifications to the existing county road system. The, 1983 Task Force identified :.ost Lake as a potential access si.a. At the present tine, the City is conducting a detailed analysis of the Los' Lake site and its potential for future use. Preliminary results indicate that Lost Lake should be desigmited as unsuitable for construction of a lake o.;cess due to severe enviorn antal constraints, high development costs and unacceptable local commun*,:y impacts. Due to these factors, the City of Mound recommends that Lost Lake receive no further consideration at this time nor in the future. On December 23, 199 , the Ci^y received a :otter from the Department of Natural Resources requesting comment on the us_ of a 4 acre parcel on the north shore of Halsted Bay as an access site. This site lies within the Cities of mound -and Minnetrista. Hound's review of the use of this property as an access site has eoncluoed that the property is unsuitable `or such an activity. This conclusion is based on the fa- hat entry to the site involves travel on a narrow residential street and co. tion of parking associated with the access would reouire.clear cuttinc ur 3 acres of existing tree Additionally, this parcel presently contains a mobila home park which i; ion -conforming land use under the Mound Zoning Code. At:uisition of a ,or;,on of the site by the DNR ^t; -poses would not re uco'the ir.:en- eit/ of the adjacent non-confai us -n actuali,-, would increase the density of the mobile home pars ;t, :r. teuction in, total land area. Such an occurrence is contrary u -. oe intent c , the non -cc iforai ng use provisions of the Mound Zoning Code. After thorough review of potential access sites within the :.ity, the Mound City Council has coneiuded that the community is providing as cw=h access to Lake Minnetonka as is physically and financially feasible. Thepefore, the City of Mound does nr- recommend expansio1, of any axis -:in; a=ress points nor does it recommend ir.staIlat.on of any new accv-ses witnin the Mount Corpora:e Limits. As was stated in the be;innin; -f :.his fie :&r, :he a.ty «i :I :� t.--:e :o sup: art Public access to LaK•_ !!'-nettyka . i ;, tha : erard, the :Ma !c - and the �i• :.06=i1^.` ts►e City :f ,,ndl erc:enc an invitation tc fie-.aers Of the Fxecu;i%e Council to visit the tocrwr .y and review the City's current efforts. We feel that after sucs-, a review, the :xecL:ive :ounzil will &;ree that the =ity is providific more .nar, its 'fir sns-e Oaccess to take csre i y, r\ / ic..ard !.. ;;Shuicle, 1r. City Manager c� !+ Josec' Clexanaer :Or-IiiS m-. Paz S:uliy, net-opoi i tan .ou,.. - •.. :e Or _aKe ^ne:orKt Januan, 30, 15C6 rr. Patrick Scu'_ly, C::Zirraan I:-°':'FOPC:d-'1.2' CCCI'Ci, :'. Si FCPCE 02' LA t I'II'IMTOIIU, Metropolitan Council Suite 300 - Metro Sruare Building St. Paul, Linnesota 551C1 Dear I:r. Scu11y : :.ncicsed 4-8 a ccry c. the reper t detai2inc I!innetor.ka's ._ans to increase and imp:ove public access to Lake retcr.ka. F L;pe.L11y, oL:: City's e_!c:ts wi11 h e_p ir. ach4evinc i:Ye coal c: 700 reliable car railer parking spaces that was iae.rt::ieo -Jr. the ''_S £3 Task Force ?epc: t. boat o: I:i:.netcnka' a report pep _::s to o::: work ir, nesctiating a comprezise :la:. .or _w-=:cvezer.ts to the C:ays Bay Causeway access site. The IM Task Force eport recc=a,enaed :rat this site be tX a 'ded and -4 =: oved. Thank you _ _c: the .o_._t 1to :esozc to ro:: -'ar^ir^ r:ocess at -:cad:. p rcu have _:r the 7 cuesticns : c: need additicna? :.:o Waticn ccnce_r.inc the :t, please ccntact We. c4r. :e: , axis if I -:an a . e : cc: Ka_•c: Dc:::i:. and me::be:s c_ the Cccrc__ Src/ I'D AC ; C r ours Tn Dece=be:, _9E`, the !:et.crc'__tan Council's TzEr. :'tree on :,c}.e t innetonka -recuezted that each .:.unit:pall ity bcroerir.c on La,:e ?Unnetonka revelcp a -Ian to increase and ove rLb::c across to Lake t:::.neccnka. !:_:.netcnl:a is located i.- Ccne 2 the cities of 1•:r-}:.atz, :.d good:arc. of the 2,8°0 acre_ Rate: _n [cne 2, arr:c:._c.:.te_r 2' : (.7:z•; r 4av and Tibbs Bat) a: e l ore -ed ti: _ _.. ir. t,e C_ ty cc !:innetc-i:a. The 19E3 Task = once Repo:: ;:sec a Department of i:ac: ra_ Resources s;.anda:d of _ c -s t it . - ;^^ s^ 2 _ :. .te car/ -z a ra.k_ ._ .ace _ e: [ acres c= --zte: to ceterm ne a coal :c: :eliaLle harking spaces. _he e:._:tinc pa:l:inc and zeliab?e pc:k ne teal :or :.cne 2 4z s:-,own on tae _c_loti:_r.c chat. =:es c- Goals !o:c Zc-;e ate- Re_4at! e ?a -kinc 2 2 EEC 144 Peliatle - 46 r-ta- - '2102 . ^:a cbectives o6 this veto:t a : e :o: eat.. bc=ce:in, c t e lake to aXamine both: existing and s_:es anc ce_e:--7_-e t a !aasiti__'v c. :ocinc E:.c _..�_Ezs_-c -•_:�C access tc meet tae coal c- 7CC :elia::e ca:/t:z_le: states t^ :cs identified :a the 19 £3 ^esr, = c: ce P.era:t. _ ..: sae_- c: e, t: a _asf; _*c:ce :as asked _: st __--s _a: also a s'e of in :or:n_ access E:Eas, s:._.. as :..e G'zzvs tea_; '��_e►:av s_te, ghat were :rent___ec _. a nc ce« o:e G:e tic e N-, 2 t _� n _ ac:E=s =' _es ----.- _. 'E- c_ nne:cnP:a ..G_ a c_:ect :.nze:ez- a- _^vc-_:•c-._-:. �-:e C:a• - tea• tae C_-_ �_ -_ .a . _s v.:nE= bt• ._..:Etc:]i;� arc cer_-v :ov:ryes e: -=:;:_:.c szaces. '2tis a::e :.as bee: =a_-.tz-:ne; C=erated _: a 'tv a t::r.:.etc:.!a •`e: the _ast�•eE-s. ^ae _9E: y_as�: : c:ce Repo: :ecc�.-en der e:;pa::c:-.c a::. _ -:a�'_r:c :5 smote tc _:c _:.e _an scari-:C an-c' _nc:tzsed access. '= a atccmd £.:E d I ate. :be owner:: _ c: t: _s t =_coca �"rnetczx& t=e G:ays �E• 'enne;;.n c: a_I c _Gate! $:ea Cf _: E _: c::::e-:__• :aces and ._ Face 2 The Greys nay Causeway rut'-ic access site has been an issue c_ discussion and fc: the ;"t severa- Vezrz. ::.e l:innescta Ze=artment G.1 Transportation vrozosec L':.Crar_;.nC and, 4riprovinc tree site for s number c: years, however, an ac: eenen:. could never be reached on t,`.e rlannec i.rprove.ments. rollowinc several months of discussion, the cities cf I::nnetonka and ts,ny:zta approved the ettacr,ed concect piar cal-'inc for t:.e upgrading of the Causeway site. "_'pis .lan w-411 rrovi6e 37 en -site ca_/trailer par l:_r.c Bracer a:.d 5 car c- pail: : c s;,aces. Furthe:, the t1ar. �;ili provide fcr lEncscar nc cf t: e site and _rrreved internal circulaticn. ::rai at :eva1 of t is agreement with Wav=ata is e:::ected to occur uithi.. t^e next two months. ^:,e ultimate F=an :s for the City of V_-,nnetcn ka :o transfer the owne:sh-4 and cpe:at:on of the :aunt: facility to Benne;.in County in exchance fc: the perticn of the G:a_vs Jav_ car sate owned ��, -he Couat� . ^r.e C:t:,as r..et th State ani- Ccuntv start and t::ey are in ec:eement w_t.. t::e :cpc_ec wproven. er.t plans and :and exc'.ance. _ In act_ �cn, the Ci _v Council : ecer. —? v E-- rcve.. a s..: Z..ezen to, agreement w:.th the State, :•h•c ca--e fo: tae Sta- � tc ccre: _..e tests cf _ands cat::.c =he Ca_se::av s_te. _..__,z:e= agreement -.s a stipulation that the C:tv w:-_ cooperate M t: t e state in atten=tinc to secure additional ca:/t:&4!e: pa:k4r.c l aces cff the launch tite within :ao Lea:s after completicn cf t%e evemerts. h_` S COL•-d "1t�L�tte-: : esu-I t n aC:Git.6 L ":eliable" pa::: i n..0 s:aces :►_t .in 1,500 feet cf ta r-u ch facility, as de! -net in the 1SE3�o':ask Force Repert. The C tv of t,_4n netcnka is anricus to have t eze _4-=:ovet.en is cc--;Ieze nowevez, .' /DC^ -as _::c:cater tha t t a ea: -:es: t�is : Viect , ccz-c be :'_aced Cn : e-: Car-tLI _ _ : G� a:,ent £:_ e.:`e is �-SS1::: . =e CtV� wcu:d su=zc:t c::v ej_C:ts cf t'--e !:sift: C- tgn COL'LC�_ c: ctae: Cc:'e:n:7entEl ace:.C'_es to enccz:a.e t. at these _-�-:OVe%ent£ .^.e CCU:-eted at an ea:--e: Cate. As p:tr:oL'Si_v rient:cneG, the G:ays .gat• =t: site c:.;.ed :.a_ __a1I:, b,. serse__r. Coc... ._j and ra_ __a._z• ..t• z . e ._.t _h e cc::ent :_ta _f fc: the C:tv to take =cnt:o_ of t ne entire car.. . ste and c:ve rennet_:. Ccu..= con I.*c- cf t,.-.e a_sewar bca- _aur.ch faci_ -_ . -..e C_- �:c;._d :: er. be :e_;cnsiz_e fc: t:.e cae:a-:0on and mg:rterance �cf t a site. Since _t is is:afed w.th.;^. K:t:.etcnj:a a-c c_ass:f ec as 4 C:tv park :n tiff Cr.•p : e: ensi^e -Tian, i _ se a-« a : cr: _r is :nZ _ --.-e cc::t:c'_ cf t:.e rite. :ace 3 The only ra jc: roadway v itt c: ect access to Lake 1:-; nnetonl:a, which is located in the Cat%• is State Hichway =? O1. the C.7. s opinion, th4s is the beet locat:cn fe: ;,,b? is access, since :t is directly off a =z jc: thcrouc: farEr . Eases' `o locate, and has the least impact on residential neichtorhoods. 1: is the City's hope th4at he rlannec i-p:cte=er.ts to the C:eve Sav Causeway w:11 help in acrieving the goal of 700 reliable car trailer parkins spaces. These imt:rovements are consistent with the recormendations and goals of the 1963 Task Force ?eport. Plthouch the Causeway site is officia::v located :n ::avzata, the city of 2:1r..^.etonka : as been inst:umental prcmct nc t ese ovements to the Ctcsewav site. Fcllowinc cc....=lesion of these improvements, this s::e v:il-1 provice s,cre than 25t cf Zor.e 2's goal of 144 reliable car/t:a=ie: parking spaces. At -h r time, the City is not aware of any other tval:atle sates &Icnc T.E.101 spat cc:._c --oxide adc:_:onal -gib:_ Lcce ss to : Lake Kinnetonka. -r - Y4+11t•t twf•y • at P•Iw 11 •./ a• w• wH N •' IIC ��•y� rl .r�w1� /,,..:�w /.� � lut .tall.. y it= 1.4♦ N M ..,•1 i .•• ' ly. I.x Ynw1• 1 lu+ {I. �IIs c•Y.1•M� /1r•.i 1✓wW11« Mr►d 16 1,4 r+d 1 � w• P/ruP1 r/w � �I�AI� /• fw•Ill1 W•1 P }} w fl.l 1+ lq 1"• 11 � rN y N(1� •. tl+=+« P•i(�. '••Iv WAYZATA BAY ='1 ... �; a � � ,!z'•' `'".ice=a7 �'r " -y= =°s'" i M �Y'--- = ./ - J .e' ' • ,�sl L P � r ".•r G11AY'S UAY 4twF N / • •P' ♦• M • r l r7zSC=—ON NC. G-7Uft ' S BA Cr.zSrrl.-. C 0-%L-, R=%K:S i PL;i ` =.,r '_*'•^ iL50..'v'.�, :v tha r:ty cz=.C:1 c: tha Crty c= F. me:-- ka as follows: Sect: cn 1. 3acx�c:: �. 1.01. =he City cf Y.:.-zetc=.ka and the C_w_ c= wr =ata have beep ' ei =c= a C'~ - c= yeLs - a d:s .vc_v -•-te ova= the !u=- a Ceve:c=e-: c: the a=av's 3av Caasewav :oat �a~_: =� :ac�:tv r. ►.av:s=s. 1.02 The diS .:te has cent ate: several :aws-..:tss and a cc:teste� a:=� :_st=at�ve=:cCee�;. a _= s care ze!�a; e =c:s_ie des:- its :s !c= `e best•:sue.:: site s=d has=ese_=ed these •= W.:-net_=k& === C-=- se=a::cam as- a �.a3s_,::e c _—,:se. 1.0< C':e two cities have =e. iewed these rla: s -4- ve sessic =s wit -,.he_- attc=evs and have ;.:.:creed a desire tc .cs:::n=esc:vt the arr= c c= the -'.c=. =c= s --wz a—e . - -- ' ^--- t ' . :a_.-_ site , �_....:r �) =•:c s_-.::e cat :Lrf: r ara=a. �aS = a== == ----"At a =sat s f-= site =:L= ht .s:a_v's 3a:- :he tc =e: iDa—, V . Pace 2 \ 2 . C2 T.ht City Cc'.: eLl' ac:•ees to be bcr-d ~v the de_is:cn c! .:ie r.'_ ee-re.:be: G_ z,7 ' s mat Ca::se%.-av J.�--:ac �• C..�- - tree (CC^.s_s C c= RZber Se 1es, T^ ya=it, a= 2 David Cott -_a=) with :esxc= =c the ?es _.... c: ate_: _ c: r1 ra=k_.S s-aces . 2. C3 ::he City :+t:c==ev :s d:_ wed .. cc=- ._z : e=r. t_4a=:c- s ti+ .& the wav CL :a city to `.re Get z s cf: c=ve=L t attacne t7 `he =0 c= ea t a= and =a less :� r.a: CZ= =-rla ter b: +.he :) Ar. ar_ eeres _....:c:.c '=_c z-_? 1.:.=te=&nce c_ the size, exc«& :Ce a=ee�v- t ia_-- C==-zv the ex-=L=-_e c_ ;._ze Ca -:se• av C,...w —_Y'flu.red a _ 3e G=X-v S :av da= s_':e; d) An ac=er.-4e_- t W-4 --`. se- :e= Cc`.cv `..be 7e�a-tee== c_ Na==L; Sesc•,_-ces they ec=--- -=he ==-...use ;::.a-- are :fie cc=cew. C_ 1 A►w c -- e) C:�:.lrs Qt ==.:3e =z-:a beer _E=tee.'.. Adz?--!l !'s �C �..C:_ == ^�! �04`' c= c« M3 %! ♦ ' _ s .�E - _ Resc_ •:_— Nc: w. Pace 3 AC --- o;c ON ^ Z, %-' .mc--4 cn !c: adc tick Secondod bt : VOtte ' ^ vc= C- Vc=ed acP..:. s= *';--esc=&, a: t c:._r a;.=•===cec met=_-c !:e::: cc =e -a- c` A 10 E=N T" 0 "S`.S AGRZZ!M'N:', made this day cf 1985, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, he:einafter referred to as 'State,' and the City of liniietonka, Eennepin County, Minnesota, hereinafter referred to as *City.* W:TnS5' 7r--: L .:REtS, the Co.=issione: cf Fatural Resou:ces has under Minnesota £tatutes 1964, Section. 5�.48, Subd. 1-5, the authority, duty, and responsibility tc p:ovide the put'_ic with f:ee state wa'pr access sites on lakes whe:e access is in.adec-ate; and rz-x ...%S, the City is authorized under !!i .nescta Statutes 1984, Section 471.191 to operate recreational fac41ities; and the City is tb* owner cf t-z fc1lowinr described park prope:ty located on the Gray's Bay Causeway atla..ent to Lake Minnetonka, Eennepin Co;w.ty thereinafter referred to a the ',cress Site, or 'aublic ac^ess site';: A,1 that part cf G:vez=e -t "!r etzt-- Eia== B- Seventeen use Twf horn c the Stb Principal mer:.z:an, which lies Sou --.'A of Carpenter's Point, Ee^nepiz County, rirslesota, except the road tbereca and a ze-: the c::.bs:ly f f_.1" feet t'-%e: r_: as =*aerie! down ;.he center line of the existing : aalwav as sbown by the su:vev Made os the :Pth dLy S u: veyc; ; and iT_..-%::3►.S, the Cr.� isficn*: an! -he C__t• 'are de-a-_nef that •.:be existing putlic access s°. to is ina!e__a=e a_j as a thereof is a priority for improvement under the Metropolitan pudic Water Access program; and 1 %MRrAS, the Minnesota Department of :anspo: to tion (IM/DO•:') :. , proposed plans !or up;racing State Eighway 102 which crosses thr City-ow:.�L access site. As part of that prcje^t, MN/DO'* will : �rtion c. the iLprovemeents to the City- ed access site, I. an estis:ated $75,000 of the imp:ovenent costs not being !un.;ed. %=-ZPJ+S, the Cc.r issione. wishes make `u.^.ds arailah.e in the iutu:e to the City for tI.:at pertion o! the i=prove--ent costs to the access site nct=::n3e! d v the Ci.v c: the City and State intend thrt this ac:: t shall n.:t be t"ect:ve ^t:l: a) a .1 non-M1 tunds have been secured; b) the Minnes Le-? sia` 1 appropriates suf:iL.ift=t !unds and Lakes tbj :u :! araila it to the Car:.issione_ c= the Department c: Ka:•:rt: Resc_:ces !c: de�rlcpoewt c! pu:=i: ►-tees access sites between .- _, :950' ar' Zne 30%4p, :=5.; a:O-, c) -%1s are t.be cf *i :sr_e. To *mz=b:ance o: =:.:ent :uds :s irtetded. NOW, TL—IrM- OPx. in e2nside:8..ion r! the nk'nrl bsene_:ts to be dt:ived ,v t`e,^o:!'-es hereto anc :c. - x:.e=:t c: the gene: a i:.:li the parties a_.ee as :c::ows :. Access The City ..a_ sz-t= .o the Co—,- .xz. ont_ !C. co --en. a plan fa: the ovemont a. ' dev .dent of tb: a.ac:e dese:` xc public access si% c A. The City shall cxply with all local, state and federal laws, regulations, rules and ordinances which: apply to management, operation and maintenance of a p::blic access. D. The City shall be soley responsible for the management, operation, and maintenance of the access site as described herein in compliance with the terns of this Ac:eezent. C. The use of the access site and related foci:it'_es shall be free of any and all cha:oes And shall resnin open to the pubic every day c the yea:. D. '.'he access site shall have no launch restrictions placed upon :he boat size or engine he:zepowe:, ezce-t as adopted through surface use zon_n; :eo _Lti• • .i . M. The City sha_'_ instal and =&intrin a sicr., approved by the State, in=crr_n5 tat public that the access site :s a cooperative :sae:tak-- n; 5_ the City an' the De;art--ent of Natural FRescu:Cts. The sign =a: a sc in=:use the =LLes Cf ct'`e: ace. --es. �'. The S-ate sha_ • `.are no resporsihi=_tt fc: pc_ice p-;,tectica fc: the access site. "_'Lis :esponsib_ity sha:.: :email, wits the app:cp-iate raga: :isdicticn. G. The City s`a.:l nainta:.. I"e 3=ess sate an_ keep the sa^e in coo! crier a::d sa=:tau ccad:tlac and s L:.: rxci`_.callr en_c:ce _:ccis_cns c`_ this Ac:ee_ect. E. The mitt' f'.L_. c7C?e:a:e wit t.ht S.1te a_te=rt.. _ tc se__:e edd_t_c-a: ca:-t:a._e: ra:K-`nZ s-aces c_" the access site within two "ex:s afte: t!^e c --r:et:ct cf the active C desc:ibed access site itprovements. These additional spaces shall be 'for public water access on Lake Minnetonka consistent with the 'Reoor t c_` the Lake Mjn-etonka Task !orce', adopted Kay 31, 19£30 incorporated herein by re!erence. 11. Tunling . he State sha'_1 rrovi de Funds not to exceed $25 , 000 to supplement the cost cf improving and developing the public access site in accordance with ie plan. Costs eligible Fo: :eir..hu:sements by the state are li=:ted to those costs which a:e: a) Fo: landscaping and associated site icp:ovenerts related to the public access site pc:t:on c: the p:cject not covered by t _t t.° FundE; and, b) those � �_OSe�e.. 5 iDe..,. �: il.. �c ..he state iL its S eor..ments as being eligible For :eir��:revert. 'Pa«ent w_1_ be Wad* by the State within a rtasona*le tine &!tl: the City s::-17--its ve:i!ied pro=F of authorise! ex'.xnd:t•"es which have been paid. The State reserves r i _ .D! Cha _ ♦ - ... :e '�S! :.tie-_ C: pa: __L �a�e:, C a.-r CAS is dote -:ne'_ Iw she State ►:,tt the cost is not Lade accordance ►::.; the te__s cs thi` Az ee.snt c: is excessive. --:: iat 1ity. The 'Cit a=:ees to save, an! geld the State ef y::nescta, its agents and em=Iovees :a:-:ess F:= acy an_' a:_ c:.a_.= c: eases e` action t::s:-; ::et the pe:-c _a-Ce s .. O this 1C_S A;.e'!.^e by t he � .y, Cr ` t5 ale+t5 C- eFr.. „ees. Tt.5 el&;;se sht:.� tot be eonst_''je! to _bl a' anv _eca_ reme!_`es the City may have !or the State's `allure to pia:ill its o!�lica_ions pursuant to this contract. •'I. Ter=. This cont:tct is only effective if: a) a:: non- DHR :unds have been secu:ed; b) the Minnesota legislatu:e approp:iates adequate funds and sakes the !unds available to the CoYissione: o` the De?a:taeat of Natural Resources !or public water access s'_t.e development between July 1, 1990 and June 30, 1993; and, c) the funds are then enc:W be: ed s: othe:vise lade avai=atle by the Cc=missione: of Pinznct. ^he_ea_te:, t�his Ac:ee^e::t stzll be perpetua:, except as nay ctbe:wise be :orided. AVt t � The books, :eco:cs, Co:—_ents and acco=t-4ng p:ocedu:es and practices c= the City : e evant to th.is A;: a =ent is sutject to ex=' nzt:on '^? the Cc.= ;s:.vne: c: Ratr.:z: Resow: ces a•.'_' the State Audi___. :�. N S cz nat_cn. The _ shal: not en=a=t it a"Z O=plo,yment j.:actiCes an! she-:1 in a.: :es->erts co:.lr with w4 :newts Statutes G'_,ap_e: 3f3 (:964 V_-� esc_r Statrtes cc and all as.1 _cage rules a::_ a:.: sutse; 'ent : AssiC:went. : ne ►itv ^a: ass t:_ C: ::a: t c: its :i=hts an: ob_:cat_cns pu:suart t* :b_s Ac_eenen_ tc the Coznty c= =e c No `u:the: a;.:ova: !y t~e State c_` s:;:t ass47. ent is neecec. Awl t C No other assignment may be granted without written approval of the State. -N w---.N:SS WE RBOT, the parties have caused this contract to be C::=y executed intending to be bound thereby. or YZNNP:S O,."A 0? ?-=SOur =S By Its -- Date C.OuwSSi02=7. 0: Bo 1tS Date — By Date at Title Date CO"_'!:SS:O?C--,?. 0? ?:RAS= By -ts mate A ce.t• `_ec c^fit c- the Y._-ne--=nka y Co :nc`_-1 a--:eenemt :s attaches as :'^: t -o n= tt:s n. == Attorney Gene: a Bt St>e^.:t1 Ass:sta^t xi.,. --net Gent: a'- Depa_=en: c= Na ura-=es:,_:ces Date l ;VZS3..r---LON AUTHOR:::I;C A COC?ERA:—& T A;s:r-xr-1,- ?EE S:'AC'E Rs ARD11;V nE GAYS BAY CAOSL-,;I.Y BE 17 RESOLVED, 5v the City Council of the City o: Kinnetoakn, !:innesctn, as :ollows: r Section 1. 3ackc-own?. �.C1. The Minnesota Department c: zarsportation has propose! to upgrade State £iChwaV Vo. _Ci across the Grays Bay Causeway. C:. As part of that 7:oject, t n ice^' will :econst:uct the City-ow-ne'_ .ake access site. 1.C1. =eae:a funds use! by Y.: w.__ nit pay !c: ce:tain ccs•.s cY KiOSiC. -.0:. Tne Minnesota Deft:=eat C_ t:LtC:t1 ResC_:Ces has a t0 ?av fortc;te Costs c=oa certain CC.ition5. A=:ee=eat ^! »zee= t-e r:Lte an.. tie :tv f c: cf cf::L:n a -: er-. C. u.. ire t:.tac:_te= ^- exe=-te t.:...s ac:ep_.e-t- NO. E5- 0 Adopted by the City Counc:l o: the City o5 P--*nnetonka on this day o: , 19 ATTEST : D. L. BGGZ--NB_rRGZ"R, C_7Y CLERK ;,Ct 4 a on the above -es o::: _ on motion :o: adoption: Seconded by: Voted in =avo: c_: Voted aca::s_: %.bs:tine=: Ab sen=: Resol::ticn adore=. I hereby Certify that the !o=ecc_4nc is a c=:ie and correct c--?v o: a resc_ 't__-n ado_ _ec by the C_.r. counc-- c= the C:ty of m;nneto:uE at a c'-'v a;aac::zec =eet:nc ^e_c on the --av c: 2C MAYOR Ruth Sin COUNCIL jptnm Fq/n L N. Niue Oempm Kellar L&wotnef Nicturn 4901 Mannou Road, 'nnka bay, Minnesota 55231 Te! 471A-79i�4 January =6, 1966 Ys. Patrick Scully, Chi_-_=n Metropolitan Council :ask Force on Lake ?Zmnetonka hetropol:tan Council 300 Met— Square building ',th and ao'er_ Streets St. Paul, 'T 551% Dear 1--closed ;.lease `inc the Cl".v cf :cmka Bev's rtspense tc the �et=coc_:ta Counc—: :ask :crce on Lake ".-neton" 's zeeuest .or Proposals rlgard-mg reliable pa_ki~g spaces ez the lake. there are no p::=::c boa: is=ch lC►ateC :! :he :.ac, =cr CO#- t:.Je :' QlS:Se Zza: Cze be es.ablished here, we have anz:.7zed the paric-.ag _a: _s . ror=ced `cr a o: other :aieshcre act_r_:ies. "=th tzo =ArL= c a:.zeacT to=Ltel rit our one square rj.a area, vt Ere cot~`:ce=t t:.a: the .ask '_rce =derstal-c OIL= posa_el.. a=C o_pos=__cn :o the ct a =or : ==r . site at 0�d C�cra_d -i: a_. ustc_am _= e :cthe Ce__:." rz_=as, :ze :iT a -cc— ages the nub_ic :o use =z:T our laxesacrt -ecrezticz areas �.IIeiue--€ pum::c COZALS z:d ss —'_6 D*L:zeS. ;e 'eel t:.L: we z-e dcJ:�—_j G'= tam— stilara to afS .sz _ =ak=; -are `"—na:. =ra ac: tsf_ _t :c tze :..r a act.rides—not iu: -.no /a.=c=gig c boars. 1 Tou have =V cc=etts c_ cues:iC=s rlCL_Cy s __is +_jC_.1::C !:So to COaaCt Me. iFLr.:., ., S=C0;._a2e -.Me _aSY, . C7=6 tt C,e 0! :ht ,?1iC��C n!a'Y �yS :C De htlC De t-weeL _C:: at :::t :Cmka Ba7 C..Y Mega=ds, C2ry s� 'strL_o- r-,*,: rl cc: 7 Cc...___ CITY OF TON A BAY ?ABLE I PUBLIC PARKING PROVIDED FOR LA;,rSHORI A —IV: ITS 10' x 50' TOTAL SPACES 10' x :�' SQUARE DISTANCE VESICLE/ SPACES AREA FOOTAGE FROM WATER USE TRAILER AUTO ONLY NARROWS BR:DG'E 4.554 10 feet Fishing from -- 16 sq. Ft. shore OLD ORCHARD PARK 1:,000 sc. ft. r 00 i'�o.thtest s:ce C.- ?ark) sc. iZZd o_` :onl:a Bav Load) 25 fee: 1. .ishins _`ram 22 shore. 2. Launching canoes/non- Motorized craft. 3. Picnic area z:tb tables and g. it is . 3:— 1. SL -ng — -. __cn_c area 20 P,TSP0!,S= - :_LK: PkFIK S-A= 0VERI�17_ r,; The Tonka Bay City Council is well aware that Old Orcrard Tarim Tonka bay is the onev site in Cone 3 o: Lake "Iinnetonka that has been rated :air or better by the Department o: Natural Resources for potential public access sites. The D:O~ and the Metropolitan Council are also aware c` :he Citr s strong opposition to creating an access site at this location due to the proxi i:v o: city `aci'_ilies, the dangerous read conditions and other raters outlined :n a Resolu:ion that was enclosed vith our response to vour data request last November. ',;e are ;!eased that. the Task Force has shifted the focus of t^:is stud• Srot establishing more public access sites to the _dent=`ica:_cr and creLzioa of 700 reliable cz---railer parking spaces. we understand tnat if this goal is met, t'e :ask Fcrce t_11 recomend to :ne T_xecu::ve Council teat no iur:ner public access sites be es:ablishek Tht -.ask 'crct reco^_.er.Ged t:.a: the .-vim, _n eonlunL-_cn lai.es"crt at -ploy :he=c:lo.-=g means to acr..eve the parking space goat: 1. :....-ease :)r.-site parking a.: eyis:ing access sites by land accL:sitiom vnere and :t:rcr-.g De _:s. 2. _ .rt2',_ _ C7:-s_:e as new z2:ess s:.:es art eszzJlishE.-.. re--ab_e t::_k_ng be accLisi:_ of, er ..rough L__::en parii:.g a;-ee_-ei:s t.-, c:_-s:ree: Yark:..^.S _..:s in the C_-s:rea: :Lr':_.[. _:. the ___ Cr access rE�S :.-ro::CG L_i::e' ?ar}'._rS e€-ee=e=:s. Beca-.se ;'ere _7esem::F ara =c .__- a:Les! Doa: :0'.tLa J2v atL beLtrse :te .i= coal ..: seep: :ae cerE_cp=en: c- of s::L:. a CSS i:-a :tie :L issue t:s�g :ae tez=s iaet:=`iec r = accve. 'be wi czjnc:=.vestiza:e :nt -)css:- _�- c_` _._t :er- `=-ee_ei:s cr c_---=eE::_ frynL no&: _H_L_e5 t_=z_S: L_z= . �.! CO =tE_, L..••'tCt:'. ::a: �8r.-�.� ...=rt-.�►. �rJT„GtC c: ...._-_cam►.. SittS S.�.C1:_L :+c COL..tlL LC a: :JE ..iz'r S:.CL_C -active [rtdlz !cr SuE:es Maz :AkAs c-:* r•LrtS: :r C"__-__es suc-- zz :as sIICre _XIS-1 areas, !seat Vnere :me DLC__c =v :is:: sro'L aozkS, areas L-aere Ct:.oes arc -De :az-cnec, arc beazaes arc arEas. �C=" r.2� its :.rC: C:eC t: _''!£:_rL-_ s=.0 art:- L1 -=! _a i_=e -..a- _t in :no ._ , near _aAernor! :a:___:ies . Lt Eire used nc :ne L. '477OL£ n) f _s :.=g !r= shore is 7r0 ided cz the :C: ka Sal side c! ._t N -_ _ ove -edge (Cot:.=-. Road :5). :ae area `or park'== :.a :oca:ed :us: :`j c` aid --r:hves: c: Lzac. _.-:s _"Glad "d tram -_ :s su-rou=ded bv- guard rails measures :38 !sat :sa=zb r=c __ lee: i; rid:b or a total of 4,554 square feet. Using an area cf 10 °:. x 25 ft. to determine the space tha• is needed to park a single aut mobile, tnere would be root to park a;;prox=mat..ly 18 cars in this area. Luring the fishing season many persons back their trUCKs up into this parking area and fish from the back of their vehicle. B. Old Orchard P;�-K (Diagram B) Tonka Bay is one of the few municipalities in the area that not only encourages the public to make use of shore fishing cppertunities, but also provides the public with docks/piers to fish from. Three public fishing piers are available for use at Old Orchard Park. Picnic tables, grills and restrooms ar also available for the public's use. I believe that the City would allow the launching of canoes and other non-aotcrized craft from this area, although :t is presently posted with a No boat launching sign. The city's municipal docks, zvailable to residents on a first -come! first -served basis, are also located at Old Orchard. Public fishing is not permltted on the municipal cocks. :he narking lot at Old Orchard Park aersures 110 feet Ion& by 100 feet wide or a tot&: of _-.000 square feet. ...-s vo.:d provide _0 _`t. x _5 ft. "alto only" parking spaces and :: 10 ft. X 50 ft. "auto and trailer" spaces. There is adequate parking space zvai:abie for residents who rent tu-icipal dock slips and for the pub:.c who desire to fish fro= shore, launch a canoe, cr s:.._ :y rake use cf the . __nic fac:_:__es. 'he mu: ic_pal cocks cc=tz= 37 s1_ps for -ef:cents, but ce-.r.or_v only 5-6 park=& spaces are used al• cock renrs:s a= one tin* '---ause boat owners enjoy the use cf the /ake at a vari,jv of times du ing day and week. :aerefore, tnere are 35-:0 spaces available for pub11_ use curing a majoriry of the boating seasot. C. per tz Beach (%&g a= C) p'_zygrc;nc and :i=-4c aCt:rf:ies are a;_ to the puc_ic �ercta Bead... "�-netoakL Cc �_- Se-ti•_ces p_orides e¢...L=;s a=.c s:��:g �str_dtc-s to sure -rise an ac_ive st_t=sr s:s. . de sa1Lr_es cf these redreFt_c=a: perscae: are :aid .ta "o=is Bz< to cc-lars a:- .he .:'.''s pL'C_..0 ..rkZ _re: i.. s respc=s:_e fcr A: cf -hest 9--a�'tx-✓e=, ___res, 'az¢_ze =rot: the re=ta.'. cf restro :a;t_as to zit z...';,.=4 c' budget for the e_:c. .=ese fa:_— e` �-e _r_ _cec _ -afaza ^f 'ezt.t lac and tat Yam--_ L_ ..i_ 6E_ .:per! are t'tC =arkt-=i areas av,4-_aG_e fcr TL't__c "a a: •ekcta Beacz. $Tea Ls _ozat*d ct the nor.nwest s�Ge c: zme --ark and i_a.s F70-:_ :no par�ater. :s area _s _ems :_ ..^.t4 V'ir-Z parlC;ms space bt=g .CcateC fett _r = :no water. __s area cettar.a a tcta: cf S,:Or. sc.:Lre :eel at-- W---c aide=crate x =t. "aLtO O:_r" $pacts. :lrt a a sez=` _ ai On tat SOlt- side of :no Dark at the a Z, cf :Gn4a Z-8" a.oac. FrEa talsL:eS feet t-ce a3G ;.s b-� :tat ceaL Cr GG: faits a area _ parKi.ns spaces. D. Crescen: beach (Diagram Di Crescen: Beach is owned and cperated bill.:• :7e c:.:es cf :cr,Ki holy and Shorewood. 1: _s a very PcPu--ar SVI=_ng nee_.. fc- teenagers in the area. The Crescent Beach parking area is :00 feet cee; and 60 fee: %:c# and contains a total cf 6,000 square tee;. :-is area ti-:l atco=&bate approxizately 24 10 ft. x 25 ft. "auto only" parking spaces. 71,is is a public beach and is utilized not only by Tonka Bay and Shorewood residents, but by residents from many surrounding municipalities. :ne cities of Tonka Bar and Shorewood share the costs for lifeguards, beach =atr.tenance, etc. Public Parkin;. Available As shourn in Table 1, a total area of 3:,694 square feet is available to the public in the Ci , of Tonks Bay fee lakeshere ac._v___es. A to:a: cf :=6 parking space& for autos is available at the public beaches and fishing areas. Vrilt :were are no public access launching sites available in the ci:y, we fee: .ha: the city provides a=p:e public Parking for o:ner lakeshore activities. :,.is data does nct include public parking available a: o:aer c::y earks which, elude _ btse:.all diamonds, a hockey/ska:ing r:•'.k, soccer field, basketball court and ;:a'treLnd ecuipment, all which are used bv ::.ne residents and general pczlic tx:easiva:v. We feel that these s:a:istics show .ha: :cnka Bay is p:ovidi. i its fair snare of parking fcr :be puK. c ane is ccns:a::_v :o iL-)rcve :ne &wall:" Cf :I Kes-cre act_' ___es �rotidec. other Recc=eLcatioms 7h* C_tT is aware of the other reco=anra:ions cc tained is the "Repert of the Lake '".._.line:c=ka .ask ?crce" (.iune, 14E3) which address issues c:her zaa^ park! ._ OUT Nova::,er responst _e the :ask Force we ou:1_ned how :he :--:.7 was :c these recc=enda:_c=s. _.hies! _...�uoe the !c:.owi=g: a _i._�e= Z--`- - i_ Iae:e vl.._nl ._�___.-as �`r-i�.e� 'ma-_ _-a_- sTs:a= Ya- rra-t-tat access tc -i !iKes crt re:rea:_.'. areas. :Cm" Bav's co_-renaai-:e-�arrs a^.E re^rlt:___ T:.= "l.:f __r :nS date:C"- =a- 7f s—r. a --a_: sTsts: rL:.4 :—e_: tat c.'_ z.:.. t=c-aa:. :'AZT aare a_.aacr been :Ada a: CITT pa.icS E=-- :n! .rc.: tr6:c' w::: Oa =-' aaaztvd as !:=ds zm--icr E--&=ts -. -i..ar Ac=ess L::hough the reper: states that W-Itter access is adegva:e. is shc;::z be recog-.Ysac :La: a -..=ter of a'_II:ar accesses are aTa=':la 1. C=" Is- fc: snm.=o:i+es, sici:-.&, _:e :ish=:g anc vani=u:a- access. -- is oL: :ea-=S azzass :o :ze /ales shc,:c :a :eved •. a 4ear--e=d ^ers�s::i4a arc that :c.=:::i:.as tha: pzovice :star access sac.::.& as The recommendations call fo: i:.pr0ved lakeshore .isring opportunities. The Cirs has recent'_ _.;,Lanced a study regarding the reconstruction of the municipal-isi.ing .iocks and has nad plans crafted. 7nese tnrec does Lill probably be replaced in eithe. 1966 or 1967. 4. Land Use -ranges Another recommendation states Ana' laKesnt-e _. ic.palities should cooneranc in mronitorin8 any future land use changes at existing commercial sites. As stated in cur original response, the icnks bat % :t Council conducts all public herrings regarding zoning issues and is constar.:lr aonitoring a.ny future lard use chanRl�s a: existing co=Prcis: access s t►s. :he comprehensive plan cat: for the preservation _): these a:taa :or lake access. :here are-resen:-). two large and one sra:: co—ercia: Tar na locarrd in the city which generate a large am -cunt of .:a:_`:c dur. g the sumzmer •. ntt,s. ::niie the council could have no authority regarding the pnsate ..le of t -s :and !rot: .,ne Party to another, :net Lo.ac have _'ins: author: is one o: these sizes was :he :a -get cf a possible rezoning to a mu tiple dwelling ciszric_ or o:ne: non -lake access uro. i_ the cc 7thensive ;.:at; is adhered to, : t"ink =_ is =:_Ke_.; . at the Co.unci: vom:id approve such a rezoning recurs:. 7CnkA Bar Las i:aa:^2!C the parL:b tLZ: :S ata_:a=:e &Z T2I ,,;:S lakesh-Cre re:'ea:iCn, alas in otL city, as per tat :ask Torte :*quest. :�:ac::gh the_* is no: a public la=ch sj.te r. Tcaka Bat_ , is OUT ;e*ring that a=ple parking is a:� :acie to :he pudic :c- a ra-ietc of other :ak*snore act_--i:let. 'ne :i:T is also vet: aware of other :ase Force :eco`e=ca:ions and :s le=en:.:g these as :ra and schedules pe _.. t . tf " to&* ubmtetdta IPAOM MM . nun NNW im NwltftaW*M ACrG* ► �1114 ��. \ ` PARK MO_ • vv T r7NM I► • ar Mt • Cltl• &ALL rAP%ot� tovow lsib wlmekw*e rI cti••••+t.+ . 41 Ar 'Ilk loll, ThE �A0.RowS C;ac�C. Rdo.d W ItNtf �-.j L L V!�LAGP IIAO.S. WIN 611CM)"is Vmll\�, ado* l/ "ME T"A". W r �• •- ....� .........ram � r.. � .—.r.�wr� ---- k%(.> �-E.EN La � r.r �r �r .r r• it 1rr r �r rr rr r. r r r r r rr � .:.���;��� �.•, � • ti/tAl: ♦new / . C�i�� �� renrnlo•�� ,. , t:►IIC AMP y 11 C 1 ', t SWIMMINtf "FACII Nl t • y•�I �: 1 • Z �/ 3 �PLAVOROUNO �C71'��I►k1� ntrr�l • .� ' �, •.•l � _ i '� � . _ •�►fit . • ir�fJr , -' A f - • / rp ��� �� 1 •OUtll INtnr J �( • t _ f_•AnKIfIU IO �•� r1. 7HI' I.Ntrw�/ MIN tl-11AR 4 M•a RtuM t/ ►1/Ilfl tTU11111f1 POMMMU AnEA roll. C'/1RK NO. 91 of • roork Na. i 9.1 Alt, � ' � • s AUwnNw lvt ... •R /� • �„p.N •.►�{ 11�r wN�rlv� l lg f f t'r't t 0 CA 314 4 t City. Of K'OodLmAd "_NNEPIN : OUh'Y Pz. box 656, Wa�'ZRZZ Minnescm `.`391 . r -e=De_ E� i es^crime ^c�ec ► i — .o ...�..� .. ._cam ne _ues : __ c= has bee= 2 ..e=be_ ::! lake � -!- =.i.G I _eek. .e_s :e =s- : ct. ' 2 • �oo:.=a: ```s `o►,•^;e :e=� _e__�-_._�= �=-� �=-:=zr.e__c-e c= =mot a= -tee -- - _e �:e e=e= ew_ . ^. e?wt-ee� o`-e I� 6zs E. _.!e _ _ems .�.�. =_e _ _ ; e 6 -- z r I 39 7701 COUNTY ROAD 11i1 W a MINNETRI$TA, MINNESOTA ! 36A a �>1 January 30, 1986 $Y COURIER Mr. Patrick Scully, Chair Metropolitan Council :'ask Force on Lake Minnetonka Suite 300 Metro Square Building St. Paul, Minnesota 55101 Dear Mr. Scully: The City of Pinnetrista has committed substantial staff time and resources to prepare the enclosed detailed work plan which will bring adequate access to Zone 5. we have developed an open and deliberate process which parallels the recommendations of the 1963 Lake Minnetonka Task Force. We arlc for, and believe it merits, approval by the Metropolitan Council's Task Force. we will be happy to respond to any questions which you or o-ht s may have. Finally, I wish to inform you that the City will work with the Lake !!innetonka Conservation District concern:nc aossible 'reliable' parking at Zirmerzan's Pass in Zone 4 snould st;--h a recommendation be forthcominq for the Task Force. Sincerely. Walton E. Clevenger savor Wrc `d,1 4 0I� IV TABLE OF CONTENTS ZONE 5 WORR PLAN FOR :MPLEMEN7A710N OF 1963 LAKE MiNNETONKA TASK FORCE P.ECOM_"!ENDA710NS ON ACCESS Pace I . EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . 1 II. EXECUTIVE COUNCIL DIRECTION . . . . . . . . . . . . 2 III. LM:F RECOMMMENDA71ONS FOR ZONE 5 . . . . . . . . . . A. LMTF Report Su=.a:y: "Reliable" Pa:k:nc, Site Distribution and Siting Procec::res acid Criteria . . . . . . . . . . . . . . . . . 3 B. Overview of the LY7F's Process for Achieving Adeaua,�e Public Access in Zone 5 . . . . . . . 4 C. LY—.F Access Site Selection. Crite: ia. . . . . . 6 D. LY F's Misunderstanding cf DNR's Pcli on "Adequate" Access . . . . . . . . . . . . . 8 IV. IMP:.r"`.r2.:n'.ION OF 1983 TASK FORCE REPORT. . . . . . 9 A. Zone 5 Now Ranks Second _n Providi^c Adequate Pa: king . . . . . . . . . . . . . . . 9 R. Prio_ity :.."!TF Reco-nnendet�cns `c. Zcne RemainUnaddressed . . . . . . . . . . . . . . �0 r C. No written Evaluation of Potential Sites nV Li Crite_a Exists. . . . . . . . . . r':A :0 D. Accuisition of icing's Point: An Ezar;!e ' of Dh'R's Only Site Selection Criteria. r• Unknown Ecological and Socir,'r,gica CA:-`.V:-9 Cayaci:y of Lake M.innetonke . . . . . . . . •a. Paae F. LMTF Cost Analysis Recommendation Unachieved. . . . . . . . . . . . . . . . . 13 G. Input From Affected Units of Government. . . . 13 V. METP.OPOLITAN COUNCIL TASK FORCE PERCEPTION OF PRIMARY GOAL AND ITS PROCESS rOR ACHIEVEMENT 15 A. Goals. . . . . . . . . . . . . . . . . . 14 B. Process . . . . . . . . . . . . . . . . . . . . 15 VI. RECOM�ENDATI:,. FOR ACHIEVING 136 RELIABLE CAR -TRAILER PARKING SPACES . . . . . . . . . . . . . 16 A. 'Increasing On -Site Parking at Eaistlnc Sites by Land Acquisition Where Land Availability and Funding Permits .. . . . . . . 16 B. 'Increasing On -Site Park:.ng as Ne-w Access Sites are Established". . . . . . . . . 17 C. "Increasing Reliable Parking cy Acquisition of or Through written Parking Agreements for Off -Street ?arking Lots in the Vicinir,, _ of Public Launca Ramps'. . . . . . . . . 19 . �. 'Increasing Tong -Term Reliable Tn-Street Parking in the Vicinity of Access Ramps Through written Parking Agreements'. . . . . . 20 E. 'Increasing On -Site Parking With Ac:eement From Commercial Ma:inas or as Conditions to Ma:ina Development or Expansion'. . . . . . 20 .-. Peak Rental and Other Options to be Considered . . . . . . . . . . . it G. SUMM&.-y of Options to Reach Adequate Access. 22 VII. MORATORI7c. ON ACQUISI:'ION r.ND DEV:'LOP?SN OF OTHER SIT,:S, INCLUDING RING'S POIN. . . . . . . . . 22 A. Statutory Authority Limited to 'Adequate' Access . . . . . . . . . . . . . . . . . . . . 23 B. P::,j:itv. L?17F Recommendations Should be Fuily Addressed . . . . . . . . . . . . . . . . 24 ... M C. Implementation of the Ten -Site Selection Criteria Mandatory . . . . . . . . . . . . . . 24 D. Fiscal Implications Raise Questions. . . . . . 25 E. Development of Access on King's Point Would Adversely Affect the Environment . . . . 25 vIII. FISCAL IMPLICATIONS OF ACCESS EXPENDITURES 26 IX. WORK PLAN . . . . . . . . . . . . . , . . . . . . . 27 3586r ZONF 5 WORK PLAN FOR IMPLEMENTATION OF 1983 LAKE MINNETONKA TASK FORCE RECOMMENDATIONS ON ACCESS I. EXECUTIVE SUMMARY Recommendations of the 'Report of the Lake Minnetonka Task Force' dated June, 1983, pertaining to Zone 5 can and should be achieved by implementing the process and site selection .:riteria set forth in that report. This work plan outlines that process and its results which lead to adequate, even abundant, public access. The Zone 5 goal of 136 'reliable' car-t:a'_ler parking spaces can be met or exceeded as follows: '0 to 75 spaces at an expanded 'williar„'s Street' site in Minnetrista. • 50 or more spaces at the existing site on Cook's Hay in Mound. • 15 to 40 spaces at a new site to be developed on the southern portion of Smithtown Say. • 20 to 50 spaces required on weekends and.',r staged over a three year period at existing or new commercial marinas and/or developed at Lost Lake. Primary responsibility for the implementation of this plan should be with the Lake Minnetonka Conservation District which can assure simultaneous action on surface use management, environmental and local land use considerations, and on funding requests to the State. it tz� Second, this work plan rejects past DNR practices which allow a site available from a -willing' seller to supersede all recommendations in the 1983 report, outweigh all site selection criteria, override all local land use controls and concerns, and - . justify total disregard for the good faith efforts of the local communities. Finally, this work plan proposes a moratorium on any further acquisition of new sites and on development of King's Point because: (i) adequate access in Zone 5 is available under this work plan; (ii) several priority recommendations in the 1983 report Should be implemented before a new access such as King's Point is considered; (iii) implementation of the site selection criteria through written evaluation of King's Point and other sites should first be prepared from which a comparison of such written evaluations is developed and a decision then reached; (iv) fiscal implications, including the cost analysis recommended by the 1983 report, should be prepared and considered prior to any development, particularly in light of the current fiscal crisis facing state and local government; and (v) development of King's Point would appear to result in an adverse environmental impact to the area. II. =- =IVE COUNCIL DIRECiiON Renewed controversy over an access site proposed by the k-.. . __.,sota Department of Natural Resources (DNR) on King's Point in Minnetrista, Hennepin County, and 'he recognized need for comprehensive planning of lake access to avoid site -by -site µ �, controversy precipitated direction from the State's Executive Council in October of 1985. This direction came in the form of a motion unanimously passed which charges the Metropolitan Council with the responsibility to conduct a comprehensive review of Lake Minnetonka use and access issues. The review should address surface use management and enforcement and public access issues, and make recommendations on Lake Minnetonka access, and specifically, on the proposed site at King's Point. Metropolitan Council Chair Sandra Gardebring responded to the Executive Council request by preparing a mission statement and comprehensive review procedure dated October 29, 1985. In that document, Ms. Gardebring noted that the Metropolitan Council would use the 'Report of the Lake Minnetonka :'ask Force' (:.A :'F) (June, 1983) as the starting point for its review. ITI. LMTF RECOITMENDATIONS FOR ZONE 5 A. LMTF Report Summary: 'Reliable" Parkine, Site Distribution and Sitine Procetares ant Cr Feria The LMTF found in part, that 'opportunities for both boa_ and shoreline access were inadequate in some areas c_` the lake.' It found that access development snoold focus speci:_:z:!y on fishing craft and small recreational boats. =t concluded that the key to adequate access is the avallatility of 'reliable' public parking. The LV7.r determined that 700 re:!Zt:e WW-.ra.:er parkin; spaces on or in the vicinity of access sites ::co:d ace_Late:y M serve the public. To address distribution of those 700 parking spaces, the LMTF divided the lake into 5 zones. In furtherance of the equitable distribution of public access, the LMTF recommended the development of new boat and shoreline access sites in certain areas of the lake. Generally, the report perceived Zones 3 and 5 to be in need of additional access opportunities. This suggestion was based primarily on the assumption that neither zone had any 'reliable' car -trailer parking at the time of the 1983 report, which is no longer true in Zone 5. In this regard, the LN.TF made two specific site recommendations in Zone 5 pertaining to the expansion of the existing William's Street access and to new sites on Smithtown Bay and/or Lost Lake. The 1983 report also outlined site selection criteria and a process by which lake accesses should be chosen and developed. B. Overview Of The IJKTF's Process For Achieving Adecuate Public Access in Zone 5 The 1983 Task Force recornended a goal of 136 reliable car -trailer parking spaces =n Zone 5. To achieve this gr ', the following methods, in order o: priority, were preferred: I. Increasins on -site parking at existing access sites. by tar..: a: -uisition where land availability and funding permits. 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. Specifically, i,_ was found by the LMTF that the William's Street access in Minnetrista should be improved to further facilitate the launching of fishing and small recreational craft. The LMTF also recommended as 'a high priority' a new access site on the southern portion of Smithtown Bay and as a `special opportunity' the investigation of a possible Lost Lake site. Finally, the June, 1983 report outlined several recommendations regarding new fishing craft and small recreation boat access sites in Zone 5. Included were options that a -new- access could either be the partial conversion of existing private launch facilities to public launch facilities, or the development of sites currently occupied by other similar land uses. At the time of the report, the LKTIFF perceived the need for public access in Zone 5 to be achievable through: I. Expansion of William's Street access; 2. A recommended 'high priority' access on the southern portion of Smithtown Bay, including a possible site on Lake Virginia; �,8 3. Development of a Lost Lake site if feasible; 4. Potential free launch opportunities at Howard's Point Marina; and S. Long-term parking agreements and make-ready docks at sites which meet the ter selection criteria. The LMTF also deliberated at length concerning several other potential access sites, including King's Point, for which it specifically made no recommendation.. Accordingly, until the specific recommended sites, including William's Street and sites on Smithtown Bay and Lost Lake, are planned and developed, this work plan recognizes that it would be contrary to the LM F's recommendations to pursue a 'new' access site such as King's Point. C. LMTF Access Site Selection Criteria Concurrent with its site specific deliberations, the LMTF developed ten criteria for the equitable consideration of potential boat access facilities. Given their importance, they will be enumorsted below: :. Relationship to residential areas - Positive and negative impacts of access sites on adjacent residential areas, including distance between a site and nearby (ones, screening the site from homes, and creating new access opportunities Or nea:ty cff-lake :eziden:s. 2. Accessibility to primary highways - Potential sites near major highways (State Highways 7 and 101, County Roads 19 and 15 are examples) can reduce traffic impact on residential streets. 3. Public use precedent - Sites already in public ownership or in commercial or industrial use, have the least neighborhood impact, where public facilities or services have been provided and accepted. 4. Intensity of boating use near a potential access site - Sections of the lake where there is intense boating use should be avoided when possible. 5. wind and ice exposure of site - Sites protected from predominant winds and ice action are preferred. 6. Cost of acquisition - Property and development costs must be considered. mplementing agencies should apply a pe:-boat-launched and a pe:-car-trailer-parked cost analysis. 7. Physical development constraints - Minimizing the amount of site alteration needed on land and in the water to make the potential site usable is preferable. 50 6. Ability to buffer -ite from surrounding land uses - The site should be large enough to support adequate vegetation to screen the site from adjacent land uses. 9. Barriers - Restrictions such as low bridges and shallow launch ramps may be used to limit the accessibility to the main lake for larger boats. 10. Multiple use oprortunities for the site - Sites that could provide shore fishing along with boat access are preferred. As is discussed in Section IV(Q below, no written report evaluating individual potential sites in Zone 5 by these stated criteria exists. No comparative analysis of written reports for Kings Point and for other sites exists beyond a posterboard chart. D. LMTF's Misunderstandinc of DNR's Pcliry on 'Adecuate' Access The LM7F was incorrectly informed or incorrectly assumed that DYR standards require one car -trailer parking space per 20 acres of water on Lake Minnetonka. DNR policies provide a sliding scale ranging f7cm one parking space for ever• 20 acres cf lake surface of lakes 0-1000 acres in sire to one space per 40 acres of lake surface on lakes cf 1500-5000 acres in si=e. wn_le individual guidelines are to ce estat:isned Or larger lakes, s_cc as Lake Minnetonka, it is cer_ain:y ina;;ropriate to use the standard governing the snarlert rakes in the sta-e fc= .ant M:nne cnka. The authority and propriety to require more public access parking per acre on Lake Minnetonka than any other lake in the state, to our knowledge, and to require more such parking than mandated under DNR's own policy remain subject to debate and challenge. Finally, as noted by several communities, it is inappropriate to apply the 'adequacy of access' standard for outstare lakes on Lake Minnetonka. Lake Minnetonka has substantirlly greater numbers of residential and offshore residential users, commercial marinas, and the like than is found on outstate lakes. A more appropriate standard would look to the --mixture of users and needs rather than the arbitrary application of a standard (and, in this case, the wrcr.a standard as noted above) used for outstate lakes. For purpose of this work plan only, we will accept the goal of 700 pail spaces suggested oy the i..N= , however. :Y. T►,��;,rvr;,-�r"�ON ^� 9E3 TA.SF 'ORC: PE?QR'" Second •n Drn,•i ": -c At the t.~ne c_` tne lrE3 Task Force Reaorr p;;�—`cation, no 'reliable' s:); en had beer, a; -roved in Zones 3 and S. Unde:standa __y, me :983 '"ask Force singled out Zones and S for additional or 'new' access. Su=secuently, however, eommunitieg ne 5 have guaranteed 46 Marx.-.q spaces. T�re•`v-eight __ tnese spaces are ..ca_e:: a-. -te Will.tZ'S Street access and 50 at the Mound Bay access. Only Zone S has more reliable parking now, with 79 spaces. In light of the progress made in Zone 5 toward achieving the goal of 136 parking spaces, a 'new' access or additional access should be considered no more critical in , is zone than in Zones S and 4. Further, "priority' recommendations should be pursued before developing sites for which the LYTF made no recor'un-endation .after full consideration. B. Priority LMTF Recorrinendations for Zone 5 Remain As sun:•na:ized in Section 111(B) above, the LN3'F rrnade express and prio-lity recommendations. These recommendations remain unaddreszeC. This work plan proposes in Sections V: and :X below to address those express and priority recormmendations prior to consideration, and certainly prior to implementation, of alternatives which a;.,ording to the "M-11F are less desiracle and which, in the case of King's Point, were reco=en'ed :.:y the LP11"I"F in 1963. �. NC W-_...e. r�8�'ic _ cn of �..�P. -- -_.ate ►�^ C: :e:_e According to statemt m4le by DNR staff, evaluation c= a:l poten-;al sites in Zone 5 : .:mated to field notf (whit:: now could to ss much as seven year! c'!f), inter:,ai eor..luscry meno:a; -:a, and a ;cs:e.-ccF:�' exhibit pre;&:ec 'Cr--the=ZecL:t.ve Ccur.c: de:-berat-cn.. .-n A :a:l cf _9c` . _ne:e _s nc w::::en evaluation analyzing each individual site according to LM.':F criteria. Furthermore, no detailed comparative analysis of the various site options exist. The DNR staff has acknowledged the importance of the LMTF c -teria, but has not employed any objective, consistent application of these criteria to each potential site. Rather, undocumented subjective judgments have been the chief method of site review and selection. No written record justifying the agency's actions exis- D. Acquisition of King's Point: An Example of DNR's Only Site Selection Critt,ria Ire.:ausly, in February of 1982, the DNR proposed to develop a boat access on the Ring's Point parcel. The ensuing controversy at that time prompted Governor Quie to direct the DNR to abandon their access plans for the site. DNR's conduct again in 1985 prompted the Executive Council to direct the Metropolitan Council to conduct a comprehensive review of King's Point and other-nssible access sites. Sicwlt. neous -i:h the Executive ,cil action, and in total disregard `c the Metropolitan Council process, the DNR purchased the Kings Point parcel and proceeded witb its plans to develcp th• -ecess. DiTR's willingness to participate in tie Metrcpolita:. Coul .l process in good faith became subject to question. But DNR's actions also exposed its only real site selection c:!:eri,a. DNR's explanation for ::chasing Ring's Point uucovn:ed !or the `:sst t; on_ site selection criteria in DNR's ird -- a 54 -willing' seller. DNR it, acquisition and proposed development of King's Point on an internal, unwritten, unannounced, unjustified 'policy' that the availability of a site from a -willing' seller supersedes all site selecti , criteria, overrides any concerns over local land uses or land use controls, moots any environmental concerns, and justifies total disregard for the 1983 LMTF recommendations. This work plan rejects this Policy as arbitrary and capricious and contrary tc statutory requirements and common sense. E. Unknown Ecological and Socic'_ocica'_ Carrvino Ca2ac:ty of Lake Minnetonka Surface use conflicts were debated extensively by the LM:'F. It was recommended 'that more data should be collected to determine the ecological and sociological carrying capacity of the lake.- The only information made available by the DNR in this regard is an evaluation of surface use conducted Or DNR by Biocentrics, Inc. Interestingly, that study shcs:s Zone S to be the third most active zone without the aici.ional Yrcpcsed access, with the percentage of observed boats in Zone 5 ranci._ netween 15% - 20% of the total on the Lake during the nine days surveyer in 1984. More importantly, the public percepticn, including the perception of the State's Executive Council, reaffir:r-_d concerns voiced in 1953 and again in APS that the lake is overcrowded. Yet no progress ^as been made on the eccicgical cr sociological carrying capacity studies recommender in 19EY while this recommendation does not pertain solely to Zone 5, any work plan for the Lake should mandate expenditures for these studies prior to the expenditure of hundreds of thousands of dollars on additional access. F. LMTF Cost Analysis Recommendation Unachieved"•: One key site selection criteria recommended by the LMTF involves a per -boat -launched and/or per -car -trailer -parked cost analysis. Development of any one site has capital costs upwards of S500,000 (exclusive of capital costs to local units of government) as well as operating costs. Capital costs to municipalities present a great burden, such as road improvements of up to S500,000 which would be necessitated by tra!fic generated by a Ring's Point site. Fiscal responsibility dictates a full and immediate threshold analysis of all cost implications. Despite repeated requests for such data and analysis, including a letter to the Metropolitan Council Task Force on Lake Minnetonka dated November 11, 1985, and a letter to DNR Regional Administrator Wallace dated December 4, 1985, this matter remains totally unaddressed by DNR. G. input From Affected Units of GovernmiInt DNR's efforts to solicit input for local units e= government in 1985 were limited to form letters to city officia!s. DNR's letter to the Minnetr'_sta City Ad.inistrator 56 dated August 19, 1985, made no mention of King's Point despite the fact that DNR had already requested another appraisal of King's Point with the intention to acquire it. Further, the DNR letter only selectively noted LMTF recommendations, failing, for example, to make reference to the 'high priority' recommendation for an access on Smithtown Bay. This correspondence and subsequent meetings and conversations involving DNR gave the City no reason to believe that its concerns were being acknowledged or addressed or that DNR was being candid with the City. Other affected units of government have expressed their views as a part of the ongoing Metropolitan Council Task Fc ce activities which will undoubtedly be summarized in its report. Those views reflect a consensus opinion on the adequacy of implementation of the LR TF recommendations summarized as follows: 1. Surface use management and enforcement remains critical and must accompany (or precede) any expanded public access. 2. Public access development activities have not been coordinated with, and in fact have ignored, local land use controls and 1-nal interests. 3. Concerns over cos: public access sites imposed directly or indirectly on local muncipalities have not been addressed. V. M---7ROPOL:TAN COUNCIL ASK FORCz' PERCEPTION OF PRIMAY 200- h%.T.. : . A. Goals In accordance with the directive of the Executive Council and its own mission statement, the primary issue to receive attention by the Metropolitan Council Task Force or. Lake M'nnetonka (MCTF) is that of the adequacy of access. The means to that er1 will be a consideration of how the 1983 Task Farce recommendations for access and reliable parking will be met in each lake zone and, if the reco* :ndations from a municipality or zone differ from the 1983 recommendations, why that difference exists and what should be done about the differences. The intended outcomes of this process will be both general and specific. Tho general outcome will be a statement regarding the status of 1983 recommendation implementation and an evaluaticn of the probahility or feasibility of accomplishing those recommendations within a reasonable time frame. The specific outcome of the MCTF efforts will also include a recommendation to the Executive Council about the appropriate use of the King's Point parcel, and Halsted's Bay in general. Toward the stated MCTF general and specific goals, this Zone S work plan is being submitted. B. Process The work plan proposal for Zone S is sequentially outlined in Section IR below. In adopting it, the M.'"Z:' does several things. First, it implements a process which prioritizes achievement of the 1963 LMTF recommendations. Second, it avoids unnecessary expenditures of taxpayers' dollars and unproductive con!rontation between DNR and affected local units of government. Third, it minimizes the MC--F role cf mediating _:sputes between state and local units of government over lake access on Lake Minnetonka by establishing a work plan involving all concerned parties. VI. RECOMMENDATIONS FOR ACHIEVING 136 RELIABLE CAR -TRAILER PARKING SPACES in keeping with the LMTF recommendation of achieving 136 reliable car -trailer parking spaces in Zone 5, the methods and priorities suggested in the 1983 report for achieving the parking have been adopted in this work plan. As detailed in Subsection D below, Zone ` currently has 78 guaranteed on -street parking spaces within 1,500 feet of existing launch accesses. Therefore, 58 reliably: car -trailer spaces are yet to be identified or created. Recommendations for reaching that goal follow. A. 'Increasing Or. -Site Parkins at =xistinc Sites by Land Accuisition where Land Availatili tv an! tuntir.c ie:m ts' The William's Street access in mir.netrista, Ha-sted's Bay, currently has 28 guaranteed parking space_. Up to an additional 50 reliable spaces are atteinadie if the s:ne were expanded. Approximately 1/4 of a mile cc the west o_ :np resent site is a lake channel which terminates along the sounh side of t:crt' Halsted Drive. Parking may be provided for about 14 car-trai:ers on an acre of land immed:ate:y across North Hz:s.ed Drive. An additional 26-30 re1lat:e on -street spaces might be guaranteed within 1,500 feet of tie access site. (vie have concern over 5 ) whether Halsted Bay can handle that amount of boating traffic. A study of the environmentally fragile bay is underway.) The owner of the property is willing to sell the parcel for access purposes. He has, however, expressed a desire to see the closing of the present access if the expanded site were developed. Even if this were to occur, the presently guaranteed 28 spaces would be within 1,500 feet of the new site. In either case, after expansion, up to 75 spaces would be possible on -site and within LMTF recommended distances from this Halsted Bay access site. In its review of the William's Street expansion site, the DNR noted a concern about the legal question of channel bed ownership. The channel leading to Halsted's Bay is under the ownership of five different parties. Two of V parties, Williams (the seller) and the City of Minnetrista, are in support of the project. These two parties also own the majority of the channel bed. A small portion of the bed is also owned by Robert Dykeski, Louise Michelson and Floyd Thorsen. These three owners have not been contacted regarding willir.,ness to sell, pending outcome of the MC:'F review. B. 'increasing On -Site Pa_kinc as New Access Sites are The LMTF recommended as 'a high priority' that a new access be located on Smithtown Bay. Such a :ovation wcul!: 1) provide additional access to the south and west: shores of :.ake Minnetonka, 60 2) be readily accessible from an arterial street, i.e., State Highway 7, 3) achieve an optimum geograp�iic distribution of public access in Zone 5, and 4) attain the implementation of an LMTF recommendation that 'a site for the southern portion of Smithtown Bay has a high priority.' At least two possible launch sites have already been identified in the southern Smithtown Bay area. The first is a specific recommendation by the 1983 Task Force. It is identified in the report as the Lake Virginia site and is discussed on page 18 of the 1983 report. This site possesses several highly desirable characteristics. A public access presently exists on Lake Virginia and it would not be necessary to introduce a new access into a developed neighborhood. The status quo would not be upset by a new potential conflict of land uses. Secondly, a passage would be necessary under Smithtown Road for access to Smithtown ..ay. This passage could be designed in such a way as to bar launching to any boats except fishing and 5,mall recreation cra:t. A second potential site in southern Smithtown Bay is a vacant parcel with a willing seller which is noted in prior DNA listing of possible sites. The site is wall and presents design challenges, but could probably support l5 car -trailer spaces. Finally, :)NR should aggressively pursue Smithtown Dan-re:ated options _::espe::_ve of the availatility of a "willing' seller. To do otherwise would completely disregard the 1983 report. In addition to Smithtown Bay, the LMTF found that Lost Lake in Mound represented a "special opportunity- for a major access. One difficulty with the site, as noted by the DNR, was complex ownership of the channel bed. The problem has since been resolved. Recently Mr. Steve Coddon, the owner of several acres of property with Lakeshore on northern Halsted's Bay, has expressed a willingness to sell his property for public access purposes. In view of the availability of sufficient parking spaces if the LMTF recommendations are implemented, the Coddon site would be unnecessary and inappropriate. it has not been evaluated by the ten criteria no compared with other possible sites. It would also put excessive boat traffic on an environmentally fragile bay. A vortion of the LMTF discyssiors in 1982-83 focused on Halsted Bay's single channel of ozcess to the remainder of Lake Minnetonka. The long, narrow channel tends to be quite congested and could be aggravated by the additional traffic of a new access. This, in addition to a number of other reasons, led to the L =T recommendations which lid not include a new access on Halsted's Bay. C. ' rcreasinc Reliable Parking Qv Acquisition of or "':..ouA w:_tter. Parking Agreements for Off-Kree: The existing Mound Bay access site may be augmented with the acquisition of vacant lot: on Beachwood Road. 70s parcel is within 1,500 feet of the launching area and may serve very well as an off-street parking lot. Fifteen to twent- r-trailer stalls cou:d easily be developed, bringing the tot spaces at that site to sixty-five or seventy. in the Seventy-eight reliable parking spaces have been approved by the LMCD in Zone 5. On September 26, 1985 the Lake Minnetonka Conservation District published the `Monitor Report of Public Access Parking on Lake Minnetonka.' The report showed 50 re'_iatle car -trailer parking spaces on Cook's Bay at Mound Park. On December 11, 1985 the LMCD approved an agreement with the City of Minnetrista guaranteeing 28 parking spaces at the williar's Street access on Halsted's Bay. Fourteen additional spaces are possible to service _he existing William's S`­eet access. These spaces are located just north of the launch -ac a ity cn the west site c! Halsted Drive. This side of the street currently fronts vacant :and and would therefore pose no inte_iere::_-a with residential drivewevS. kinnetrista has nct pursuer finalizing these spaces pending the outcome of the MC-r- activities. :nc-eas_^c on-S:-e park:nc wish Ac-ee�er.-r Cc -;e_ a '!a- ngc cr as Cc. _c Ma- na Deveic--Ter c7 zrzaensa:rn' rssu:^-:nc a 'ucr=- case' scenario teat or.:v 50 s;.aces wall be assuming no off-street parking lot is developed in conjunction with Mound Bay, and assuming only 15 spaces will be developed on Smithtown Bef and finally assuming .no access of any magnitude will be constructed on Lost Lake, an additional 21 reliable spaces must be generated to reach the goal of 136. Up to 21 spaces may be generated over a staged period through the Lake Minnetonka Conservation District (LMCD) yearly permitting authority regarding commercial marinas. The 19E3 test-. force recommended that 'the LMCD requirement that new marinas provide public service facilities be expanded where possible to existing marinas.' Thes, 'public service facilities' ce:ta_n:y could include a certain amo,,nt of free public access. Howard's Paint Marina is currently the only cc,=nercial ccess in Zone 5. Pro,osals for new marinas would be required to assist in meeting the public access need. :t =-ay also be reasonable to require, or subsidize in some way, the use of some spaces in marinas for public access parkin;. "':_is number of spaces could :-je 1 fiche_ i`_ . ,.. report. r. Peak Rena' and Oth _o peak .:se _`ays _te=_ze! zy the _cn! �e te'ef :t wouid appear that each _w s_te's en -site pa -kin_ space costs S.0,00: or more per space `_er a s._ n;le ca--ra- . stye would indicate that peak use days ..u.:.ber ter. e_ :ewer. per-tcet-launched art/or pe--car-__aile:-larked cost aralvs,s W should be performed to determine whether 'privatization' options should be pursued. Commercial or governmental lots in the vicinity of existing accesses should also be surveyed to determine their availability on weekends and other peie periods. Creative planning should be pursued and adopted when successful. G. Summary of Options to Reach Adequate A ess Possible 'Worst Feasible Sites Case' Options Existing William's 50 50-75 Street Cook's Bay 50 <<-70 83 Rec: z+endations Smithtown Bay 15 15-SO Lost Lake Commercial 10 10-2r Marinas Peak Rental :1 or other 136 ;4c-205 VII . V.ORATOiTLTM ON :,COU:5'"?ON AIM DE-•TL'JP!�".- N—. Or C HrR c • -c :NC,,LUJ:NC X:NC' c Pr-*,: - A mo:ato:i= on any :u:the: acquisition o` new z:.tes or development o: King s"rfi nt should be impcsod !or one cr mo:e cs the :o'_iow:ny reasons: 1. *,der,ate access is availab:e under this o'an. 2. Several priority recommendations in t:. KTT report should be implemented oefoie a access is considerer' . written evaluations of all sites used on the ten site selectior criteria should be prepared and comparison of these ­.itte'i evaluatinr,, should be prepared. <. Fiscal implications, including the cost Analysis recommended by the 1983 L?I. F report should be prepared prier ay furt`e.r development partiv.iarly in this time of f seal r. nts i..,posed on state znd 1,. - :l gov%. .,,aunt. S. Levelopmt:. of King'.- Point would appear to result in an adv rvironmental impact to t:,e area. A. Statutory Auth�. Li ' _.' `_o "Adecuate' •Acce! DNR's statutory authority t -lop any public lake access site is limited to le in which th. e is ..o or -inadequate' access (Minnesota F Through implenenta,ici; cf this work plan, P- : ill exist in Zn-ie 5 even using the more de=ar,c:.., Srlcof ps: ae-ewse ~ancard adopted by _. Y. Fu.ther, e_-.tz statutes §85.t ubdivision 5, simii*_iy Rer_7ts zhe DNR to establish an access only if it 'bows that pt:tlic access a L c_` w-cter is nonexistent er inadequate In and, second, that such access can be created "without undue damage to tti Anvironment or unduQ risks to the health and saf4:ty of water users." This work plan requires data to address the second statutory standard in the event them is any question about the adequacy -` access. B. Priority LN.TF Recommendation- Srould be Fu11X- '.ddressed The MCTF has repeatedly stated its intention to be gu.ded .)y the 1483 LMTF report. Accordingly, it should impose a moratorium until the 1983 recommendations are fully considered o: exhaus,�ed as being infeasible. included in those recommendations are: 1. Need `o: ansion of William's Street access; 2. re,- mm��r.ded "nigh rricrity" acc. southern portion of Smithtown Bay 3. Development o: a ::.nst Lake site. if feasible; 4. Pote^_ial free launch opper:unities at Howard's 7-'o: - F.a: ir.a ; and 5. Long-term parking aria: ce.me nts anc -ake-:eady docKs at .-yes w:,-ca meet tne s.-e se:ec:.on criteria. ^_. ir,:lamentation c. -he -er S._e ' Mentay'V - No w:itte., :.uation of pcss.t-ip sit .s in ..z,.:e: are, he Lt�.1 's ter. :e selection c:: terra ..as been prepare& Seccnd, no colrpa.isrnn of such written evaluation exists. ;..a.a c ium should be 4.,mposed until the DKR provides . _ ?0:7= and affe-ted local units of government with such written evaluations and a comparison. D. Fiscal Implications Raise Questions As set forth in Section viIl below, it would be imprudent to spend substantial stat, dollars and mandate the expenditure of dollars by local unit_ of government on lake access sites it this time given the fiscal crisis facing both the state and local units of government. E. Develoomer.t of Access on Fir.c's Point would Adversely Affect the Environment Developmen of _he Ring's Point site would have a material adverse affect on th< environment and natural resources of the State. In our letter to the Executive Council dated Septe--cer 30, 1985, we provided an outline of environmental issues and data currently available. These include: 1. ..affic and noise pollution, particularly along King's Print Road and Halsted Bay's only connecting channel to the rest of Lake Minnetonka. 1. Deg-aiation of haz_tat and .;awning areas. 3. Resusaension pollution which caused DNA to deny private cevelo went of Kings Point. 4. 'threat to -us beds which ale a prc_ected species. 5. Significant dredging will be necessary. (See enclosed le -ter from the Director of Gray Freshwater Biological institute dated Ja^.::ary 27, 19Ec.) we w_1' he pwpar_nc fo: filing with :he MCTF in the next fe:. 4eeks L _I.:_cnal data on the adverse f ror-en.a_ _. pact deva tee-. _ _ n; s Poi F4 DNR has no* provided the MCI! with any response to these anvironmental co"cerns which are justified, in part, on the DNR's own denial of a previously proposed private development on King's Point. vIII. FISCAL IMPLICATIONS OF ACCESS EXPENDITURES The State currently faces a fiscal crisis )f unknown proportions. Local units of government in Zone 5 face additional cutbacks in state and federal funding. Yet, as evidenced in DNR's own calculation of on -site capital development costs, several hundreds of thousands of dollars are ;proposed to be spent without the cost analysis recommended by the 14E3 LM:'F report. Further, no provision has been mad for reimbursing capital cr operating expenditures by local units of government which will be necessitated by such access sites. According to DNR Commissioner Alexander's testimnny to the Executive Council, the legislature has spnrcpriated 5800,000 for water access site acquisition and development and fisting piers. (Commissioner Xlexander sutsequent2i meni:cned durinb questioning by the Executive .ouncil that there may we an. 00-ticnal S1,OOO,COF available for public access sites for the entire L u re of Miane;ota from an unspecified source.) At least two questions must be adiressed in the work Flan. First, in a time of budget cuts and fiscal restraint which are currently :acing the State of N_rnencta and its local governmental units, would it be Pruden: to spend substantial additional dollars on the access program? Second, is it prudent to exhaust 50% or more of the $800,000 appropriation mentioned by Commissioner Alexander on one site on Lake Minnetonka? Sven assuming that it is appropriate to proceed with any expenditure of State dollars at this time, it would be inappropriate to proceed until the 1983 report's cost analysis recommendation is fully implemented. See Section Iv, paragraph F above. IX. WORN PLAN April 1 - June 30, 19§6 (a) Williams Street Feasibility Study.to Income: (i) Agreement -In -Principle with Mr. Williams (ii) Analysis of channel restriction and plan to obtain access and maintenance rights (iii) Cost Prcjecticns (b) Per -Soar -Launched and Per -Car -Trailer -Parked Cost Analysis (c) Acquisition Evaluation of Site Adjacent to Existing Cook's say Access (d) Development or Existing Optiora- Sues on the Southern Portion of Smi tntown Bay DNR with cooperation of Minnetr ista DNR DNR DNR written Evaluation of Potential Sites Based on LMTF Criteria LMCD Plan fvr Commercial Marina "Public Serv-.,:es" at Howard's Points Julv 1 - Septefrber ?0, 1986 (a) LMCD Analysis of Funding of Capital and Operating Costs Imposed on Local Units of Government Arising Out of Public Access (b) Lost Lake Feasibility Study (c) Peak Leasing and LMCD Long-term Analysis of Commercial t!a:ir.a "Public Services" Policies (d) Comparison of written Evaluations of Potential Sites (e) LMCD Preparation of R_rP for Ecological and Sociological Carrying Capacity Studies. (f) Follow-up Study for Lake for Lake Minnetonka only Expanding o: Biocent:ics, Inc. Study (g) Public hearing(s) on Cost Analysis, Feasibility of William's Street Site, Smithtown Bay Options, and Co.-amercial Marina "PL:b.ic Services" DNR LN.CD LMCD with input from local units of government DNR with Cooperation of Mound LMCD Dh'R with public hearing and comment from municipalities and interested citizens LMCD DNR a^d :.M= All interested Parties ! UNIV-=RSr Y OF MINNESOTA TWIN CME5 January 27, M6 tC- William Turnblad Cit y Planner City of Kinnetrista 7701 County Fbad 110 N. Kinnetrista, Minnesota 35364 Dear W. Tuz*nblan Gray Freshwater Bk*Vjc,al Insttule Colo of Bakal scwwm P.O. BOX 100 County Roaos Is and 19 Navarre, Minnesm 55392 (612) 471-8476 I am writing at your recuest to convent on the p:cpesea toat a^r.^ess at Kings Point. I ud1arstand that the water oea'.rt for some distance. frnm the proposed ramp: is less t'ian six feet. It is probable what intense growth of aquatic plants in this area will aske it difficult fr.: boats to get to deeper water. I Cbubt that boat traffic wit; solve this problem by forming a channel by propellor action. If ramps a_-e put in I behave that draoging of a oaeper cnannel will t be neeow. I am also of the cainion that the Searle cowlttee repot was the result of 1 - study py a competent group of indiviouiL s we cons ae_ed access issue. I Veat oe:a.:. I believe .1,ds report should serve as a bas.'_s new ec_ s points on t:1e lakes. The SeLie = r,._ttee consloe:ea Ls_-idu- tian of accesses, Vater oua ity issues ana the pu::j: nee.'".. : `eel ::,.at new sites should not be consice: ea in a vacuum. Sincerely, R.! Anson D-4:e:t.^.:, C:av :esnwater Slog ;Izal lnst-'tvte P:ofesscr of �` rocb:c�gY RS!+/C t L 22886.7 TO: Mayor and City Council � k` FROM: Mark Bernhardson, �i ty Administrator1' i � DATE: February 28, 1986 SUBJECT: Planning Commission Appointment VAR 10 ;-?6 { ti0V V At the last Counci 1 meeting it had been moved and seconded that '9aureen Bellows be appointed to fill the Planning Commission acancy, Giver. the fact that only three Counci lmembers were present, wir.h one cuf those three members abstai n,-!d, the Counci 1 was unable to act on that appointment. Tt is recommended that the Council appoint thi!- individual to this slot. PROPOSED MVT10N - Moved by , secondei by that Maureen Bel lows he appointed to the Planning Commission vacancy. Ayes Nays uh,u rl'C,'%' TU i3ILL .TAA)•. (3 r1w u,, ".1e) +iF:il ')E, T- CF A (!PE` -N I T WTVVR;�E ACCE*•', AN9 PA'MCI PATTCI', F( ALL t F U", !"1 rl, T11AT 1-i WRAT *E T!?0U(.11T YAY( COUYCTOIEN. AS *,tAl.T '"lli. 0''.APFCINTh) TU HTS POSITION, 1-1` Otf!-k OF A�:') GPATITI.N)t; FC!( HT-i rTliLLLS-. %FF(.,'T.) V-1 TPAT k-%Dj ki- Rti- :ANTATTVE OF WHICH A!!�-: 1.) AGAINST CITY cTmr-,Ni ANT) E'kT0L'4.AG`) PUM.1f, P,Ulrl-'F�ATTON 1AEGAIIJING A PROPOSE0 F:'(l'E,i51VE T.'CTS.vs i, ou; L. A T F T A X 2.) AGAINST f'ITY RILL iI tE ENCOUPAGED PtTBLTC lli-iRTTCTPATWTN I"'. )EHmrE ovr,.l' l,';PL,kCf.\C*. TPE NSPT� coo, ry i'lTI-1 -( I.CCAL A.i:)ESiCH TO GTVE I's jiErr,- i , PUT IN Tlll.', 3.) V1,11\'ST -TTY COUNrTI. IX- POTIMATTI01" AN) SNXOURAGIl P17'41-V' Pv?:rTciPATl(tq lR Tli;;. ISiLATE (.IVWP '-?H9TllV TO A,).jEsvi, r(. ,,o, of vis c!,Y7-ru, 'IAY STWER F4ojgcr 'ru vF NE )ENTS OF OPOM, !'Y- OF o4l,1..y r(.,. miv,.iE ioo )l,kv,7. v!F 014ECT iiENEYIT. WE FIR") TT U INACCEPTA!11.!? T!'Ar ,illOULD !!AVF. 1tl5r%SJ0 T.N- LT, i!.Ehl' A"'!) 'k,0W 'Il-:�ICVAL Fk( l! OFFYU�: iM4Uzir- OF -If 5 Al FOT� A L 1, EFV011!rS TO cu,t ci ry rrr F- Z 030� I Z) iz 7 Al 3,1 41& CAL 7/- V, j,,-;,rT C1 C, 'VI'L L �3ll0( WITT! r i Tti,xr T W1 fA V LX Yc rOIT, CT P! E'� T W 1, L LIAN P 14 iP F C T IIT,-; Pt),) T I r.; r I t F, -GN I TI f. 4 OF A PA ri ru I'T 'i -_FFC I'Lo T! 'A f F VJAI T CITY I'T 'IT 11 :i I I T M ; VC Olk! PU! U, I C PA!1 rT r' (PATJ(1N. A I'lioP(" 1 FKCE;iUr7 T (;'ISAS!; P* (!Ui� ill-.Af W-.)TATr.* 2. ) A(; \ I �7,,-ry 'IT LL iT"A ENCOUMAGED Pl!fALTr. voaTCTPATTO'". T,, r,yv. ')!'AArF CV'?'' R"PLACIV, THE R G T V E .1 r; I T "-'S, T'Try cojT*xTL it1, IN- 1 rl C,,r,, SYCOURAC') Pi,,:,, i,,, i,_vrrc[PATN,;:, 1. THF TV UP r(.- 5f), to, r!i-' C!�Y:-)TAL ttv S itp tio .7 Fc r ru AI I. 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Ni°� 9,14' 5--2 ,V/�4✓1- ..M e)� .. ✓u1 �i.rit J 6,7 m'rO N,ti�l..� Lw. 41W - `t 7/•73v/ yam_ av33 Y7/-�2+7 Y71-yyt % A/7t -.;27x3 'f 7e -e 72d 4f7/-9(oRa2 S17/ d'V-Id' 4n ! -4')9 S ,/9/- &a 77 y7/ —%L'7 Y7/ vvW 5'7IV a ,Y7/ - 985/S yy/-Eye- / dok V/ 73 y�i-b'.Y9v 4A7 / -� vll--F.Tf� 171 t.L,: Y7S •/3�Y I/ PETITION TO REAPPOINT 13ILL SIME neu r .. WE, THE UNDERSIGNED RESIDENTS OF ORONO WANT AN OPEN GOVERNMENT WITH FREE ACCESS AND PARTICIPATION FOR ALL OF OUR CITIZENS... THAT IS WHAT WE THOUGHT WE HAD ELECTED IN OUR 14AYOII AND OUR COUNCILMEN.... AS SUCH, WE WANT MR. WILLIAM SIME REAPPOINTED TO HIS POSITION ON OUR CITIES PLANNING COMMISSION IN RECOGNITION OF AND GRATITUDE FOR HIS TIRELESS EFFORTS TO THAT ENDI REPHE- SENTATIVE OF WHICH AREt 1.) AGAINST CITY COUNCIL WISHES MILL SIME INFORMED ORONO CITIZENS AND ENCOURAGED PUBLIC PARTICIPATION REGARDING A PROPOSED EXCESSIVE INCREASE IX OUR REALESTATE TAXES. 2.) AGAINST CITY COUNCIL WISHES BILL SIME ENCOURAGED PUBLIC PARTICIPATION IN THE DEBATE OVER REPLACING THE HENNEPIN COUNTY ASSESSOR WITH A LOCAL ASSESSOR TO GIVE US BETTER INPUT IN THE PROCESS. 3.) AGAINST CITY COUNCIL WISHES (SILL SIME. SUPPLIED IN- FORMATION AND ENCOURAGED PUBLIC PARTICIPATION IN THE DEBATE OVER 1+HETHEIi TO AgSESS UP TO 50ti OF THE CRYSTAL BAY SEWER PROJECT TO AL' OF THE RESIDENTS OF ORONO IN- STEAD OF ONLY TO THOSE 1 10 WOULD HAVE THE UIRECT BENEFIT. WE FIND IT UNACCEPTABLE THAT MR. SIDE SHOULD HAVE RISKED IN- SULT, HARASSMENT AND NOW REMOVAL FROM OFFICE BECAUSE OF HIS EFFORTS TO KEEP OUR CITY GOVERNMENT OPEN AND HONEST FOR ALL. fiw S �W d s �� ) 'Y71 '749 f S ! ' 7-/0 3�t Zj 34�5>'ir U� Ur: /5L0 kA 0-. o� t 64) a/cam rf�'.V4/oo� wv t//3 lGt�7�y� 57a J7-73 ' a�ss� Z s� o);c« r' ACE 47/--7/W) W.2-.3 7 P f71-7z33 4472 17i, WI--7yis 47/- 8a-y 3 �l 7'- H?I->aO 4'7/- 86/V y7.�-/GT8 Y7� -ri yy3-�3 SU /7/- 471 7 8 ?-2— y7 �-1�61a �g7r'-%ii- 7i-Oss/ 22886.8 �;0e1 eOW01. MWING TO: Mayor and City Council FROM: Mark Bernhardson, City Administratoolli 1"PM 10 11988n6aan DATE: February 28, 1986 CITY OF :%RONO SUBJECT: Irving "Chip" English Completion of Probation At the Coucil meeting of February 10, 1986, staff requested concurrence on the extension of Chip English's probation for up to six months. Following further discussion and review of performance staff feels comfortable in recommending concurrence with staff's recommendation for completion of probation. Since the original recommendation for extension further work of monitoring, by other field trained officers together with supervisors, has been accomplished and at this point the supervisory staff and myself feel comfortable recommending the completion of probation for Mr. English. PROPOSED MOTION - Moved by _, seconded by , that Chip English be approved as having completed probation as of March 10, 1986. Ayes _, Nays 4 '°3 UUURla fi,FEi1NGd VAR 101936 To: Orono Council Members CITY OF NINO From: Michael P. Gaffron, Assistant Zoning Administrator ,wfl Date: February 14, 1986 Subject: 1986 Joint Use Dock Licenses (Applications exhibiting no changes from previous license) The following joint use dock license applications have been reviewed by staff and no changes from the previous licenses are indicated. Staff recommends approval of these 1986 Joint Use Dock Licenses per the resolutions attached. A brief decription of each application appears below. A) Forest Arms Country Club Addition RogeowneFs AssociatIVn00 i Application is for 14 slips as pprr prevviious� applica�ons. O Our approve 1 each year has been fora aximum boat density of 14, with the yearly number of slips approved based on the number of M developed interior lots within the plat of Forest Arms Country Club Addition, which was 13 in 1985 and is 13 for 1986. .� Staff has received no complaints regarding this operation. The proper fees have been paid. We recommend approval per the 2 resolution attached. List of Exhibits V Exhibit Al - 1986 Joint Dock License Application Exhibit A2 - 1986 Proposed License Approval Resolution B) Navarre Cove Bomeownerf. Association This is a renewal application for 6 slips serving the duplexes at 2497 - 2507 Kelly Avenue. There are no changes from previous applications and we have received no complaints about the operation. The correct fees have been submitted. Staff recommends approval per the resolution attached. List of Exhibits Exhibit B1 - 1986 Joint Dock License Application Exhibit B2 - 1986 Proposed License Approval Resolution C) Victoria Estates someowners Association The applicants request a renewal license for their joint use dock which serves the 6 lots within the plat of Victoria Estates. Resolution 962 limits this joint use to a maximum of 6 boats regardless of the stage of development of the plat. Three of the six lots are currently developed. Staff has received no complaints regarding this joint use dock, and notes no changes from the ?revious years application. Staff Jecommends approval of six slips for the 1986 license per the attached resolution. 1986 JOINT USE DOCK LICENSES February 14, 1986 Page 2 of 2 List of Exhibits Exhibit Cl - 1986 Joint Dock License Application Exhibit C2 - 1986 Proposed License Approval Resolution D) Walter's Port maintenance and Improvement Association The Walter's Port docks and slips were approved for 1985 for a total of 5 slips located at the north wall of the lagoon. This configuration was reached after long discussion between the neighbors and the City, and appears to have workrd well, as we have received no complaints and have had no negative comments from any of the property owners. Two setback variances were granted in 1984 and 1985 (see Exhibit A of resolution) and would appropriately be granted again for 1986. List of Exhibits Exhibit D1 - 1986 Joint Dock License Application Exhibit D2 - 1986 Proposed License Approval Resolution E) Foxhill Homeowners Association This is a renewal application for 13 slips serving the Foxhill subdivision. we have received no complaints regarding this dock facility. There are no changes from pr•.vious applications. The correct fees have been submitted. The City has placed stipulations on the maximum number of slips allowed (16 maximum, but no more than 1 per existing residence for any given year) and has allowed storage of the dock sections on Outlot 1 near County Road 15 during the winter. The dock storage has not reused any problems and would be appropriately approved again for 1986. List of Exhibits Exhibit El - 1986 Joint Dock License Application Exhibit E2 - 1986 Proposed License Approval Resolution CITY OF ORONO LICENSE YEAR 19 SL< P.O. BOX 66 CRYSTAL RAY, MN 55323 473-7357 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff /- 3 - 9(P Date ADDlication Returned to City Z' % - otO Fee Recived $ q Byi Employee `/Vtf_�L Fc cALLwss,�<. 2fo"2-ly'�o+�PE'1Ko.Tfkjs-54) Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or familie e, more than two in number, whether incorporated or not) to er.;vje or participate in... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) 'Vltt pl„t, Ouiw6 2. Lake rAuA•Lelor.U4 Bay t,.nc-., l-lti-- 3. Person responsible for this application: Name.Witc Q (,f'IfAf- Phone _L111 • al--] Mailing Address I16U loft "'Na1 lAl. _ Relationship to association p14• iul N i Page 1 of 5 4. Association is (cneck applicable it.exs): uuircorirrotcd homeovmer's grou;:. U/' lncorporuted Homeowner%saecietion. unincorporated club or recreation group. Incorporated club or recreation group. 5. Principal purpose of Joint use dock is (check explicable items): ✓ provide boat mooring and lake access for residential property. v provide swlmminE access, beach, or offshore dock. provide a el'?, or association gathering place for activities. 6. Dock is located on (check applicable Sum): a one rember's private property. easement or outlot owned In common. property leased by the group/associetion. property owned by the group/essociation. 7. List Dock location and ovnership information: street cddress lapel property description C< IS t � 1. , $kvk r 3 PID listed property ovner(s) B. Names of abutting lakeshore property owners: (North/Nest) tlk�U.,.L Name +Address) (South/East) Vtk4., u k (Name + Address) Names of other affected property owners: (Name + A dress) (attach sheet if necessary) 2 of 5 +� ... :e !'%Vvr'. ;}' T:a jt?.:1'�'�,' .sal ,. ... :I1 :I:S^°. ly arse Of t..c i".'..w:?'•_ o-vperty cwner's :^.osecwne Ps +ro'_icy. .1._ separate groaP/orsoci..tion owned ;:ollcy. lint the following informAtion: ,�11 name of insured !hOU.1l""(�iou iLS ( s} cc .0 me of insurance carrier At_Z NA _ name of insurance oeency -hcz \lug A6.t1_C 11 policy no. Elyy Zb 1b effective date of coverage amount of coverage; Pul•lic lfabilfty, per person, per occurence $ Public liability, per occurence s `ib'Olt 10. Security sad policing of the jointly use-- dock and property is provided by (check applicable items): fencing. _ security lighting. L property owner's presence. _ contract security service. other (specify) DOCK INGRMATION 11. List Dock Use Area Specificatiuns: Width of shoreline; -1 'LJ ft. Length of main dock from shore; 1 c+t' ft. Dock setbacks from side property lines at shore: �" ft. and V ft. 12. Dock Construction (check applicable items): ti seasonal dock (relocated or replaced each year). _ permanent piling with seasonal deck. _ permanent piling and decking. ,L wooden decking. _ metal deckinG. 13. List Dock Accessories: Number of fire extinguishers available at the dock G Number of life preservers available at the dock A ' 3/• List number of slips in each ceteGory ("slips" includes boat lifts); Trsnsient (day use only) slips Transient(day use) off -shore buoys Persanent aoorege slips Permanent moorage off -shore buoys Dry storage (reek) slips Maximum number of boats a th+. dock ( 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must act be sesrnted from the dock by any public rood. — spaces. 3 of 5 Fi-OSIO:i AND S",:DI*: TrA'rr0:! C0rrROI 16. $uuralLie '.s protec Lcd b, (deck s;.P:'cabie 7Le,$): stone r.p rep. _ wcod seaval-. ,eLul. seawall. _ concrete seewell. greas and vegetation only. other (specify) ..7Lw41 17. Depth of water at shoreline is i ft; at 50 ft. out is I_; at 100 ft. out is -1 . REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land functions are intended, theac also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip .,sets. 2. .A certified copy of the by-le-v r agreement for joint use. Note: This copy is not required if the al.. cant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the some by-laws or agreement originally made in (C1, zi (state year) and on file with the City." Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. tkA-members. kQ,U,i1.wI 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: This is a renewal application and our joint use dock is to be operated under the same articleq of incorporation and/or by-laws as originally made or last amended in �� S (state year) and on file with the City.:' Appliv.n!'s initials Pace 4 of 5 D. ANNUAL LICENSn FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year S 20.00 PLUS SLIP FEE for each permanent mocrage slip, lift, dry stack, or buoy 1.-_slips P $2.00 each S 2 TOTAL DUE THIS APPLICATION $— LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February ]. of the license year. The City shall not accept renew When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant :o Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. sc. Fagc ; of 5 RF.SGLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUE ADDITION HOMBOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1986 TO DECEMBER 31, 1986 WHERRAS, the City of Orono, hereinafter City" is a municipal corporation organ -zed and existing unde•: the laws of the State of Minnesota and has the authority and responsibility under Minnesota Stat:>., State Statute 412, et. seq. and State Statute 462, et. seq., to pro. 'c .: the health, safety, and general welfare of the citizens of the ty and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Urono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Mi.nnesota; and WHEREAS, the regulation of the navagable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian ow may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 cf 2 This mutual right of enjoyment which is s' -I by riparian owners and the public generally includes the recreate... 1 benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privi' _s to these rights; and NHER:-; S, Lake Minnetcnka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities When such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; •.nd NEERRAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License descriked on Exhibit A attached, WON, THEREFORE, EE IT ABSOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 24th day of February, 1956. ATTESTt Doroi y M. Hallin, City Cler< Tim Adams, Acting Mayor Page 4 of 4 Panc . of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Forest Arms Country Club Addition Homeowners Association, Inc. Dock Address: 4245 Forest Lake Drive Agent: James R. Grabek Address: 960 Forest Arms Lane, Mound, MN 55364 Licensee is: unincorporated homeowner's group XX incorporated 'omeowner's association unincorporat club or recreation group incorporated club or recreation group other License Period - January 1, 1986 to December 31, 1986 II. BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay _ Forest Lake Transient (Day use only) Slips Permanent Moorage Slips 14 Boat Lifts Sub -Total: Slips at Dock 14 Offshore Buoys Maximum Boats in Water 14 Maximum Boats per prior license same MAXIMUM BOAT DENSITY 14 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior -eview and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will permit a maximum of 14 slips. The City will approve 13 slips for this license year based on the number of developed interior lots within the subject plat. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. yJi4M Let, i I15b !_ of � U97' Lor °23 L`errQ �`24 220' Lor "as s 6�� I;t)Il��i,, ;^,FEfiIN6 To: Mark Bernhardson, City Administrator From: John R. Gerhardson, Public Works Coordinator KAR 101986 Date: March 7, 1986 Grl!L OF fvi)Nc Subject: Public Hearing March 24, 1986, CDBG Year XII For 1986 the city should receive 18,689 for year XII of the Community Development Block Grant program. In order to qualify for these monies the city must conduct a public hearing to receive .:itizen input. It :a recommended that we conduct the public hearing at the regulrx council meeting on March 24, 1986 at 7:00 P.M. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator}' Forwarded recommending approval. PRCPOSED MOTION - Moved by _, seconded by _, that Council approve setting of a Public Hearing for Year XII of the commuunity Development Block Grant Program for March 24, 1986 at 7:00 P.M. Ayes _, Nays _ 22886.9 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: February 28, 1986 SUBJECT: C.D.B.G. Sewer Assessment Grant Program ®llhi i MWV8 11,AR 101986 idll'Y 6F pRoNo At the County's C.D.B.G. advisory committee public hearing for allocation for discretionary funds held on Febraury 250 1986 the City was granted all but $10,622 of its request for the 10 individuals who qualified. The Advisory Board felt that each applicant should pay something. Based on that funding the following allocation of monies is being proposed. ASSESSMENT BALANCE FOR CATAGORY GRANT PERSONS TO PAY a.) 7 Persons $8,735 $500 190% Guidelines h.) 3 Senior $6,807 $2,428 Citizen Deferrals Given the nature of the Senior's deferals the first 7 will be funded out of the current discretionary funds and the bulk of the funding for the seniors will come out of the money available in year XII, available in August of 1986. The reason for the split is that the seniors can defer the principal and interest , for five year periods or upon sale of the property at which time they could collect the money and pay it off. PROPOSED MOTION - Moved by , secondeu by , that the Orono City Council concur in the drstribut:on of funds as outlined above. Ayes _, Nays 22886.10 0 CGUNiA plrogrING TU: Mayor and City Council YAR 101936 FROM: Mark Bernhardson, City Administrator6 CITY OF RRONO DATE: February 28, 1986 SUBJECT: Employment - Temporary/Part Time - Jamie Sosma As outlined over the phone last week I would like concurrence from the Council for employment of Jamie Scams effective Friday, February 28, 1986, to work part time from February 28th through approximately 1 June, 1986, at a rate of $6.00 per hour. As you are aware this is to fill in the vacancy while Teri Naab is on a leave of absence. ^,:ring this period of time Pati Peterson will be working mostly full time together with the continuing support of Amy Blares, the person from high school who works here in the afternoon. PROPOSED MOTION - Moved by , seconded by , that Council concur in the employment of Jamie Eosma for the period of time 28 February through 1 June, 1986, at a rate of $6.00 per hour. Ayes Nays 3586.2 CUUNrU AI' STING To: Mark Bernhardson, City Administrator VAR 101986 FROM: Lorraine McGowan, Liquor Manager CITY OF QRIINO DATE: March 6, 1986 SUBJECT: Part Time Employees Don Rolf, part time employee, gave his notice of resignation as of March 1, 1986. He lives in Waconia and found a job close to his home. To replace him I recommend hiring Jim Krueger at $4.59 per hour with a review after 3 months. He is a college student, lives in the area and has had good retail and stock experience. The Orono Police have cleared him. TO: Mayor and City Council xJy /IJ/ FROM: Mark E. Bernhardson, City Administratodfyo Forarded recommending approval. ��/44R-. PROPOSED MOTION - Moved by seconded by _, that Council concur in the employment of _, Jim Krueger, at a rate of $4.5n per hour. Ayes _, Nays _ 3486.3 ? fj MUM MEETING TO: Mayor and City Council b U FROM: Mark Bernhardson, City AdministratoKtl� VAR 10198E DATE: March 4, 1986 CITY OF � INO SUBJECT: Administrator's Information Long Lake Library - It has been learned that effective 1 April, 7986 Long LT�brary will take up temporary residence in Bill Wear's commercial building on Highway 12. It is our understandi..g at this time that this is for a minimum of 2 years with an option for renewal. ^�rrvy ss �ttal Bay.Ap�raisal Proqress - American Appraisal Associates aas - n do ng an extenTe amount of work during the months of January and February in developing their appraisals on each of the properties. It is anticipated that the final reports will be ready from the appraisal firm at the beginning of April. At this time it is our understanding that the legal proceedings are essentially in limbo pending the outcome of these appraisals. Administrator's Goal Setting - Attached please find the February summary for my goal setting. The first year of my tenure will be up the let of May, I would like to work with Councilmembers during the month of April to establish further goals for the next 12 month period during the month of April. Should you have any suggestions or comments, please feel free to get them to me by the 15th of April. Ulrich/Bohn'F Point Road - As you may be aware there are current Zy app �icetions For the Ulrich ,/Blohorn property. The first is for an after the fact variance for fill that was brought in to build up a berm between the Elohorn house and the new Ulrich house. Additionally they have a request for re- arrangement of a lot line under the subdivision. rules. Both of these have been deferred until April in order to flow the applicant to determine initial grades prior to the fi after the fact conditional use permit. It should be noted that currently construction of the first floor is underway. Gregory/Tanager Lake - As you may be aware all construction progress on the site`has now ceased and it is out understanding that the entire parcel may be up for sale, as we have had perspective buyers inquiring regarding the property. Should anything significant develop we will be back in contact with you. As you may recall we had two requests pending on the property. one was for a variance to allow for construction of the swimming pool in the 0-75 zone and the second was for alteration of a wetlands. Deering Island - In January it was reported that advertisments a eF�6 en received by various members of the Council and the community regarding a development of a private membership club utilizing the old Stone Wings Restaurant in Excelsior together with facilities on Deering Island. We contacted the owner of the property by letter and indicated that any of the intended uses would require seeking of a conditional use permit prior to any commencement of any operations. The applicant discussed his proposals with the staff on Friday, February 29th and additionally has submitted an application for the conditional uses to be considered at the March Planning Commission meeting. It is anticipated that this will be brought forward pending Planning Commission action to the Council in April. AREA GOAL AIW CONNOVSTY DEVF.LOPNENT Highway 12 Corridor Redevelopment GOAL SETII1 CITY OF ORONO AND NARK E. BERNHARDSON CITY ADNiNISTMMR 5-1-85 TO 6-31 86 OBJECTIVES Initiate Study Carry Out Study as Outlined by Ph.sse Complete Phase 1 Develop Strategy DRAFT 7/1/85 REVISED 1/31/85 APPROVED 8/13/65 STARS 1/18/86 GATES STATOR 8/1/65 8-85 Commenced staff VorA 9-16-85 Kick of_' meet,., I I/16 Phase complete 13/3 Comence pha$e I: 5/ 30/86 10/31/65 Commence Navarre Study 5/1/86 Initiate study 11-85 Initial Directions to Council 1/11/65 Currently doing Navu re inventory CORllts 3/15186 AREA GOAL APEA Envirnnmentil Protection ORGANIZATIONAL DEVELOPMENT Management Tram Goal Setting Council Communications M ECTIVSS DATSB Crystal Bay Protect Complete 5,b6 Stan" Bay Needs Assessment Project Feasibility Consider Project Commence Project Assess Ptnjeec Complete Proj act Corporate York Plan Department Head Goal Setting Initiate one on one Meetings 1/86 ]/86 5, 86 9/86 i1:86 YTATOS 11-f5 - 95% pipe 1a1d/Project 85% complete .o�moe 18-95 Maeda Aswsaemnt to 'oumcil 12/18 De' rd to 1. 11 Need to delay until federal us legislation enacted 8185 issued 9-1-65 ^Mpllted initial 8'-85 if pave lPpment 7/85 Oaym completed - Strata, to Plan 9 iven to Council /2] '66 Work Plan deeal.veloyed 2/15 Continue on monthly/ 5/85 bimonthly basis AREA GOAL AREA 00.RC lm DATES "ATVs OR;ANIZATIONAL MANAGEMENT Personnel Rules Start Review Proposals 6/7/55 9-15 to Attorney Submit to Council 0/85 To Council 11/12/85 Approved 11/25/15 Compensation Plan Interim Study 8/85 Submitted 9-9-85 - Salaries Approved 9-28-65 - Benefits Comparable Worth Study 11/85 12/31 Await CDC results Delayed to 5/86 Evaluation System Developed for all Employees 9/95 Commenced Deet Heads Evaluation 11/95 Implemented 12/85 To all employees 3/15/Bfi ENTERPRIZE ORERATIONS Liquor Store Develop Business Strategy 18-85 Presently developing Plan 10/85 To Council l2i9/85 CODOel1 DiscuaelOn 1/13/Z6 Determine Decision Points 10/85 Coll Course Develop Business Strategy 10-85 Developing Plan 11/8' general plan for all departments 1/86 Commence Golf Course work COUNCIL WON LIST OF LICENSES FOR COUNCIL APPROVAL MAR 101986 CITY �Oq FOR MEETING OF March 10, 1986 OfC "RQNC Special Event - Easy Race VI Sr ored by Wayzata Bank a Trust and tonka State Bank 27, 1986 Commercial Kennel License - D. Brian a Cathy L. Fulmer The Dog House Boarding Kennel, Inc 3505 Wayzata Blvd. Residential Kennel License - Duane W. Anderson 4220 Chippewa Lane Septic System Installers License - Sullivan-s Services, Inc 3660 Highway 101 South Waysat MN 55391 Cigarette License - Patric G. Walker Minnetonka Fishing Center 3554 Shoreline Drive APPLICATION '• PARADES and SPECIAL EVENTS CITY of ORONO, M.INNESOTA 55323 Date: Feb. 26 19 86 Application Number Name Easy Race VI - Sponsored by Wayzata Bank & Trust and Minnetonka State Bank Address 900 East Wayzata Blvd, Wayzata, MN 55391 Locatior of Parade or Event Easy Race VI is a one half marathon (foot race) _ from Wayzata to Excelsior. See attached for route through Orono. Name of Persons and/or Organizations Handling the Event Davio Boies, Senior Vice President. Wayzata Bank & Trust�omoanv Phone Numbers , 473-8855 Date of Event April 27 , 19 86 Hcurs of Event 9:00 AM - 10 AM approx. Re+ n or Purpose Fund Raiser for Lake Minnetonka area community organizations Insurance Coverage Application for current year's policy is Amount pending - Previous year's coverage has been with MAR — d WB6 Company St. Paul Companies - general liability - $500,000 coverage. Copy of Insurance Certificates to be Submitted with thi• Application. I am aware of all applicable State and other laws regarding Parades and Special Events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities thaL may arise directly or indirectly from the Parade or Special Event approvad by the granting of this permit. Fee: $25.00 Fee Paid: I/ / Date: — Check Cash Initials/t'I� Office Use Only: _ see attached letter_ Signature of Applicant RECOMMENDED: fes_b No Public Safety Director Approved: Yes No ___._-. _. _ . Clerk-Adminiet rator Remarks: 3- 84 License No. g001 CITY of ORONO SPECIAL EVENT Date red March 13, 1985 Date of Event April 28, 1985 Name of Person(s) and/or Organization Handling this Event Wayzata Bank and Trust Minnetonka State Bank Location of Event _ see below _ Type of Event ._ one half marathon foot race from Wayzata to Excelsior City Seal Approved by Jl/ �Citq Offici 1 Enters Orono on West Ferndale and crosses County Road 15 somep ace between West Ferndale and Orono Orchard. The course goes up Orono Orchard, turns at Fox Street, takes Fox Street to Old Crystal Bay Road and takes Old Crystal Bay Road to Crystal Bay. It then takes 51 to County Road 19, takes County Road 19 w Northview, goes through the westerly part of Minnetonka Beads and Codes bark to County Road 15. It crosses 15 at Old Beach Road, takes Old Beach Road to 19 and takes 19 across the Narrows bridge to Excelsior. rEASY PL E City of Orono P.O. Box 66 Crystal Bay, Hi 55323 Attn: City Clerk Gentlemen: Enclosed please find a parade and special event application for Easy Race VI together with our check for $25.00 payable to the City of Orono. As you will note from our application, the sponsoring organizations have applied for the special event insurarr-e coverage required by Orono. I will submit ar insurance certificate as soon as one is issued. Yours very truly, David B. Boies Senior Vice President & Trust Officer DBB/djo enclosure EASY PLACE 900 EAST WAYZATA BOULEVARD WAYZATA MINNESOTA 55391 612-473-WS5 P.O. BOX., 66 �- License Year CRYSTAL BAY, MN 55323 .� I 19i4o 473-7357 ALL que..tiona imtat be an6we4ed. license See must accompany oppLication. Att appfications ate subject to app4ovat by the City Counci.t. 1. owner's Name 1`7,P�e,n., k. Ca.T64 1 2. Property Address b CnirOv errm(?-i�_CL 1�,, art.4 SJ3�C_ 3. Mailing Address (if different) �,yqA%jr__ 4. Phone (Nome) A'3Ce-1'2�Z.D _ (work) fl-3_ -1AQ7C 5. COMMERCIAL Kennel License Information a) Name of business -oc M>.1C, b) Business activities (check) boarding veterinary care training _ breeding 16 retail/wholesale sales_ grooming other (specify) 7'"'' c) Normal business hours: weekdays fl-1'I— AM ao %Co PM Saturdays 9 AM to {ZNocs PH, Sundays/holidays _--aaM to 5'(o PM d) After hours contact: Name )DLe „n')/ ATg 4 Telephone 4-1(..{3Z� e) Dog runs/exercise areas are: inside outside >d both 6. RESIDENTIP.L Kennel License Information a) Maximum number of dogs (over 6 mo's old) to be kept at any one time b) Principal breed(s): c) Purpose of keeping more than 2 dogs d) Dogs normally :.ept: __ inside home _ separate kennel structure 'R1fff R1f111R1f111ff11f1f1111f1f}ff lxf1f11ffl1ffifffflfff111111ff 11111ff111 Rf RR111f• The undeuigned hereby makes appti.cation to the Orono Ci,t, 'ouncil Sort a Kemet Lieen6e a6 apeeidied on this 6o4m; the undeuigned acknowtedge6 tha: kemet License is pevniAaive only and doe6 not grant any autho4.ity to viotate any piun ieion oS any City 04dinamee. on otheA taw o4 negu.fation; the undeAsigned hereby qunt6 the City permission to inepcct the P4emiee6 p4ioa to Licen6e app4ovat and at any other 4easonabte time duWzg the ti.cenae duration; and the under fined agtee6 to abide by the 4equZlemente oS Municipat Code ChapteA 63 inc&ding any apeciat conditi.on6 im)wsed by the City Comcit as pant oS any kennel Ueenae apprtovat. KIND OF LICENSE Commercial Kennel License 5100.00/year Residential Kennel License $ 25.00/year tApplicant Date t vAfAllff}11f}1f}f}ff}1ff}}1}1f}}_ }ffij� f1111f♦111fffR}•1fffflRrf /rf ll1ff11 R� E., .�U� M1nml m.pct.J oY WU t � Mee•�Nf µgrowl � G/ntal Cuf�ntl. FI I VI' VnvnJ P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 Liceyear 19n e � AU que5tiau must be answe4ed. license ice must accompany appZi a tion. AYE applications sae subject to apprtovat by the City Councit. A 1. Owner's Name 2. Property Addr 3 4 f1 Mailing Address (if different) `C Phone (Home) 30- W60.5 (Work) COMMERCIAL Kennel License Information a) Name of business b) Business activities (check) boarding veterinary care training breeding retail/wholesale sales grooming _ other (specify) c) Normal business hours: weekdays AM to PM Saturdays AM to _ _ PM Su�ays/holidays _ AM to _PM d) After hours contact: Name _ Telephone e) Dog runs/exercise areas are: inside outside both 6. RESIDENTIAL Kennel License Information a) Maximum number of do9.�(over 6 mo's old) to be keot at any one time b) Principal breed(s): .3d�@.t. c) Purpose of keeping more than 2 dogs d) Dogs normally kept: 9+ inside home _ separate kennel structure 1t1f1#f 11111fftRttlRfff##flint##Cf itf ttlftffttf#Ifffltf lflR#fff if tflf RfflfftlffRtfl The undersigned hereby makes appticatCon to the Orton City Councit bon a Kennet License as 6peei6ied on this 6o4m; the undersigned acknowtedges that a kennel Licenee is permissive onty and does not grant any authort.ity to violate any prtovision o6 any City Ortdinanee on othert taw ort xeguta,tion; the undeuigned hereby g4.mt5 the City peamission to inspect the paemises pion to ticenae apptovat and at any other neasonbte time dminy the ticense donation; al-' the undeuigned agices to abide by the rtequ4rtement6 o6 Mun.ici.pat Code Chaptca 63 inctuding any special conditiuns .imposed by the City Council as part.t 06 my kennet ticenze appiovat. KIND OF LICENSE Commercial Kennel License $100.00/year sidential Kennel License $ 25.00/year dL CP4 t Date u Yet of:f#ftff #lf off ufef u#fJ #f y/� effuu # •f# f#f ffttuuf#fff#ufebff#R roc hty tm onjj I .nlwctaa o ' � _ � � � (- 4 ffeff�n#f fVYro..Y � Yn.fl t'u�ntfl t E I l ) T` Cryaml noy, Minne�.�:., luArl SEI'�rl!SC S)'S'fliM INS'PAIP RS C. 1 v of 0110 O LI IK BUILDING& ZONING -41Y1351 ��--�: ASSESSING All questions must be answered. License fee, bo'AS;-Z27L1'£YCate'" of insurance, and evidence of 14PCA Certification or Home Sewage Treatment Workshop attendance must accompany this application. All applications are subject to a ten (10) day approval period. 1. Business or trade name_Q;,,,,e,,,,, 1 2. Business address 7,, .,r /./,, �G,� ����I 3. Business phone o/y3_i,/./r,n Residence phone //7A-646 1 4. Name of applicant or company representative holding MPCA certification .Teh.: ;"! n <tv:A 5. Type of certification held: V Installer _ Pumper v Site evaluator ✓ Systerg designer Is this a Provisional Certificate? _ Certificate No. .'778 SSH 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediatell prior to the current construction season. 7. Have you ever held a Septic System In^caller license in Orono before? , Most recent year 9! v,; B. Have you ever had a license revoked? A)/) W1 .n? Where? SUBMITTALS REQUIRED: 1. $25.00 license application fee. 2. $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. y 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendance at On -Site Sewage Treatment Workshop held immediately prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws s of the State of Minnesota and the OrdinanCgs of the City of Orono. / 'fl Date ;2 ..)�';L Applicants Signature I�L�„Ip /jA CITY Staff recommendation Approval 1XI— Denial Date USE Reason for denial: ONLY City Council Action Date Approved Denied Date license mailed IMR 101986 ciry OF C0040 CITY OF ORONO //.cB2..�ae_yyyyyy .73 , EMoL-NO N E`1 ANDE/RSON SERNHARDSC 8D91IEN BRINER BRINKMAUS BURMASTER CARLSON CHECK CHESWICK CLARK CORNICK EDMUNDS EHRENBERG ENGLISH II ERICKSON ERICKSON FRITZLER GAFFRON GALLO GERHARDSOh GREGORY HALLIN HANSEN HANSINC HENNING MLNSEL H1GUS JACOBS JOHNS JOHNSON KILBO KIRNYCZUK KLAERS KNUTSON KRIMMEL KUEHN LATTIN MASUSTH MANUEL MCGOYAN MORONCLYNS BROSS NAAB OAS OMAN PALMER PEARSON PLTERSON PETERSON PROVO OUAST P A 7 i Y-T-O . - �0 VGROSS GROSS EXP/ALLOY OL 31 5203,45 1325.17 HE 12 6769,28 1692032 SA 31 2947,52 773078 CA 90 DODO 0000 JF 42 5055068 1191.37 NO 31 5334.14 1336,72 YJ 92 4904016 1480.R8 JM 9C OOUO 0000 GB 31 5303.07 1316056 BP 31 3063055 734.18 JL 31 3004090 727036 P 90 0.00 O.DO OL 90 1481.52 366.92 IH 31 3642.30 912O15 DJ 93 0000 0*00 KR 31 5581*55 1227094 JM 31 4970olO 1217014 MP 33 4209.47 1054.88 DE 93 0000 OOCO JR 42 6043.18 1514040 JO 42 4405065 3007004 OM 12 3425.12 858.32 SC 42 3922054 1022083 CJ 31 1446.86 361074 JP 90 DODO DODO AM 31 2448002 734.18 PA 90 1392000 378*91 TO 33 4044.75 1013060 RJ 90 0.00 0000 SP 31 4692.32 1160.96 AN 31 6162.88 1544040 M 31 4911*76 1173093 A8 12 687050 141090 CA 15 2900.30 126080 OL 93 DODO DODO TM 15 5586,35 1399092 JC 15 3425*13 858"2 JA 33 5128.65 1282,72 CM 90 1047.2C 319020 LR 90 4206.08 1051052 J 31 5667.98 1227094 FT 61 3455035 891051 TL 12 2618O78 654072 00 93 0.00 0.00 LE 33 1848*80 0000 PB 31 DODO DODO SC 31 5065.16 12 77.f3 PL 12 I708.50 444017 RN 93 0.00 DODO RJ 12 0.00 0*00 NA 92 3953.66 1026.50 :�o CITY ORONO P A V R Y-T-U • - - - - - - EMPL-NO NAME DIV GROSS GROSS EXP/ALLOY ROLF DJ 9U 335025 17I000 ROYCRAFT GE 93 0.00 c000 SASS JJ ♦2 107102♦ 1031031 SELLNER CL 93 0000 Coco SELSTAO ER 93 0000 0000 SIEVERS RP 90 185005 0000 SKREEN DS 12 10010/3 1022*8• SLIGO SR 93 0000 0000 SMITH JR 92 3909020 105lo25 STEFFENHAG RE 93 4035*17 1013020 STEVENS RG 93 0000 Do00 TNIES BR 90 535000 140000 THOMTON MR 31 1788*85 138077 TOMC2TK MV 31 5158010 1238071 NOTTCK£ SM 31 0000 0000 COUNT GRAND 130511.2C PAID 00046 TOTAL 00066 TOTAL TOTAL FICA TAX GROSS = 22.962063 EMPLOYERS FTC A = tiROUP HEALTH 8 = PHYSICIAN*S HEALTH PLAN C = BLUE CROSS/BLUE SHIELD D = MEDICAL CENTER PLAN E = PRUDENTIAL F = COOROO HEALTH CARE 6 = MINNESOTA HMO H = TRANS-AMERICA OCCO I = HANKERS LIFE J v MUTUAL SERVICES K = MUTUAL OF DRAMA L = EMPLOVEEIS BENEFIT 11 = AETNA N = RICOLLET EITEL 0 = LEAGUE OF CITIES 1 = MEALTH CARE HAIRY ACCTO MISSING HOSP CODE FOR SOME EMPL•S CITY OF ORONO P A Y A 0 1 EM>L-NO NAME ]IV AOAMS T 11 BUTLER MC It FRAHM f 11 GRAdEK J 11 HAMMEREL J 11 Y-T-O • - - - - - - - GROSS GROSS EOPIALLOJ 660-00 220.00 S25.00 275.00 660900 220.00 660.00 220.00 660.00 220.00 COUNT 'AND 19155000 PAID 00005 TOTAL 00005 for TOTAL FICA TAX GROSS = 000 EMPLOYERS FICA A = GROUP HEALTH B = PHYSICIANOS MEALTH PLAN C = BLUE CROSS/BLUE SHIELD 0 = MEDICAL CENTER PLAN E = PRUDENTIAL F = COORD. HEALTH CAkI 6 = MINNESOTA HMO H = TRANS-AMERICA OCC. I = BANKERS LIFE J = MUTUAL SERVICES K = MUTUAL OF OMAHA L = EMPLOYEEIS BENEFIT M = AETNA N = NICOLLET EITEL 0 = LEAGUE OF CITIES 2 = HEALTH CARE MAINT ACCT. MISSING MOSP CODE FOR SOME EMPLOS I:T 'IF 0R.1N9 I N0. 6ATI c L2R/RA AMO'JNI 1.425.33 1.125.33- 1.A25.13 1.425.53 163.99 1.6A- 162.26 30.30 30.00 16J.26 1.L2.. I 30.00 1,617.59 CNLCM REbIST,N VLROOP ITEM 3E]CMIPif ON CITY OF WAYZATA A5 WATEA CITY OF WAYZATA R. WATER CITY OF WAYZATA TIN 0TR 1995 PATE{ 02-29-86 PAGE t ACCOLNI MU. INV. G P.U. G MESSAGC 12-JP10-000-00 MANUAL 12-2C10-090-00 MANUAL 12-212/-000-OG PANUAL En PHILLIPS 01NE PARCH 11-•612-515-90 RANUAL ED PNILLIPS UUINE DISC 11-4913-515-90 MANUAL MSGA CONF/SCMOULS 14-93!6-590-V3 MANUAL .. -CMG FUND 71 fltAL LIQUOR OPERATING FUND FUND 72 I0. WATER OPERATING FUND FUND 74 1014L GOLF COURSE OPERATING FC TOTAL • IRAQ CITY Of ORINJ ).CCI - ilst . 03-IE-06 u.L LIECA NO. DATE wOU%I VENDOR TTEM )ESCR4 JN ACCOUNT W. 161. A P.C. a AIs.A6 $.poor 0310.14. 220.29 ALARM SERVICE 3PT 3N M4T 4L0GIGROS 11-41.1-51S-1C 120.39 0.3010 0310.16, 19.11 AT&T INFO SYSTEM RAT - e1 '341-039-12 ollot0 03/01/66 10.12 AT&T INFO SYSTEM ART QEI 01-1140 m-t4 0.1010 01/0,116 10.11 Aft? INPO SISTER ON OE1 i 61-4349-949-I5 ]6i010 O!/OJ 96 23.Se AT&T INFO SISTER NOT OFF . 11P 01-4349-129-31 • 063]10 03/06I66 10.12 AT&T INPQ SYSTL% M%I Off EQUIP 61-4349-104-33 0.9210 03/06/tl6 10.12 AT&T INFO SYSTEM MAY 0.1 EQUIP 01-4340-249-42 51.09 • 0"0$1 03106/e. .16 AT a I Com TELC]40NE 1-4321-031-12 osvosl Us106156 1.17 AT a I cow IELEPe04C 01-432e-111-33 2.53 • • 061031 0!/Of/B6 610.96 EARL P A46GSON ASSC SW MNT iJPPLK,$ 11-2040-405-1.. 640.16 0.1015 31/06/6. 11.Jo RLACIONIAK a SONS +1t 4_3G/:Vs 11-4313-515-16 • 54.00 06901. 93/06/86 22S.00 AOMLSI40C loscart A)N CYS CONSULT 91-4315-249-42 O•i0H 03/061:6 90.00 00 NCST900 ROSCNC ASM EMG COMSULI O1-UR-NO-tI • as TOp 0]/Oa/e6 90.Op B84C 51R 00 DOSE NE ASM ..6 COR$Ya7 45-a SOS -a33-OC 0.901. 03/06/06 11.e0 931631/00 AOSCSC ASM :4G CO4SJLT 12-0395-541-11 0.1019 03106/s6 29. 10 ROWST40C -OSCMC r -is COISULI 1Y430Y%9-12 • .5..50 069016 03/0119, 611..E CARGILL SAL UTIL SYS ... )uP 12-.-6-141-91 621.44 • • JJ U3106/a6 435.20 CASE PAVER a EQUIP faalp/PISIACCE: 01-4212-249-42 435.20 • .•...• .. -CAS 0.1121 03/06/66 13S.SS CLUTCH t u JOINT SER NMI MIS. EQUIP 01-4342-2M 1 • 13USS ...... ....LA! W IER 03/C6/S4 .2.le OONC-PT RI:RoFILM a SUPPLIES 01-4210-0. I146 Cllf of ORONO :NEC. REr i]IiM U-lG-ef rL.t : NC Ct YU. 16(C NDUM! of MOON 11EN 3C i[RIVfIJV i=r JU\I Al. IN9. • •.0. • Nl ..6n • 0611•a OS/06/an Iz.00 CONCEPT •t]R6FILM 0=f 5JPPIIEi 01-.210-IF.-33 64.00 Y ...... ....... 0.9131 53/06/96 391.10 C3NRERCl61 BLDG NMI J.BITO\IAL SERA 1I-91.1-a99-II 6 6.9111 05/0,186 ZZS.6D COMNERCIAL BLDG ANT JANIT3RIAL SM 01-4341-124-31 111.30 • 069102 0310.191 209.49 COP, OPP Pa INC 0-F SJP-LIE. 01.4Z10-059-1Z D69162 O3/06/96 28.96 Cool DIP P. INC 04 SUPPLIES 01-+210-' 9-IS 069142 23104/3, 2.02 COP, 0UP Pa INC 04 SIO.LICi 01-V10-1N-]/ 869I42 631*6116 260.39 COP, SIP Pa INC 0:f SO- LIES 31-.210-31+-33 9S9142 03/' A. 2.49 COP( OIP Pi INC O°F 31"LIEi ]1-.110-269-62 0611.Z 01 66 3.61 Call OUP PA INC a°F SUPPLIES I1-4210-515-90 0.9142 al.../86 1.54 COP- OUP Pa INC VF SUPPLIES 92-4210-54t91 R H9192 03106,86 12.59 COPS CUP P9 INC D•F SUPPLIES 15-A 218-561-92 521.60 06,3103 03,06,86 10.39 CRICSS6M/LRI CaJIP/Pil/ACCESS 01-4232-LZ9-31 • 16.39 • 069228 03/0b/66 3S.000.00 III AlMNAYN-ST PAUL 90M ]S 4-1-t6 II-•610-9)1-00 059228 O3/Ob/86 2.950.00 III MAY 9AIR-ST PAUL I9! E . .-1-1- 31-.620-111-00 • ON 22N O/On/86 50.00 IST AP! INN-SI P6JL T F ASE Y2 FEE N-1-86 11-.510-111-00 391011. ZS ...... .... 059551 03/06/66 .8.05 GLEM1000 11OLL1300 VIILITIES 01-.II1-J9+-11 • \S.05 NO 169215 CS/06/86 1.9.31 SAW WEALTH INC HrAU. SM] 1FU91-12i-Il IS0215 43/0,10, 426.T2 6*00- WEIUN IYC N_.UY INS 111-.151-121-31 • /61275 83106,66 68.15 GROUP HEALTH INC HEIUN INS 01-6151-11.-31 061M 0316"86 14s.99 GROUP *EAU" INC NEALM 105 H-•I3I-590-1] 181.50 • 669211 0310,186 61.81 RED III PEALTN CARE NEALIN INS 01-61SI-039-9z sN9211 03/a486 61.65 MED CIE 011 A CARE NCALTN INS U-.IsbOa1-15 069217 03/06/66 69.8s NED C14 MCALIM CARE REALIM 90S 91-0151-116-31 • 069211 03/6Y86 1N6. a RED III REALTM CARE MEALTR INS 01-4151-11t-33 019211 03/06/86 292.02 RED CTR MEOLTH CARE OEALTN INS 01-4151-24t42 069271 03/66/06 i1.is ME C,e HEALTH CAPE MEALIN INS FI-4151,11-96 • 66SZT, 03/06496 58.00 RED CIA NEALTM CARE HEALTH 316 1T-UST-3N9-91 • I>BS CIT1 OF OPOVO EOEE. RLCIII :ALL. 43. U.ft AROJNT OENOOR ITE. 3i SCeiP110N tcclUNT VO. TN.. • +. ]. • ., Jm 0 IS92I1 4310.18, 01.51 NED CTR HEALTH CANE HJLIH INS I1-1151-Sag-.: 863.1E 069250 03/06/86 I3. 21 KACH CHEF .L CO JTIL STS H41 SW . 13.21 OS92.1 03/06/84 125.00 HE" CI AIEFS PIAC SC443L5/CONF 01-1596-129-31 061241 23/06/84 ISO.00 KENO CT. COIEFS PTAC CD•./SC10AS 01-1356-129-31 • 2}5.00 ...... ...-... • OS3303 03/0✓8. 921.53 HE" CIY FIN DIV JLIL :H6LS 01-4158-080-11 121.55 • ...... .... • 059333 031W 66 360.52 HEN% CIT YIERIFF OFT Jt4 :HBES OI-1 JS•-090-16 160.52 • ..... • ....... 1S0330 01/0.166 21. I} ICNA AETAMOT CORP 1:04 2/10-2/23.6. 01_11.0-034-12 • 23.92 0513.E 03/0./O6 57.15 INTL CITY 96441 ASSN J:ORSIP_RI00CSL 01-12LO-:1)-11 52.}S • • 0H3.0 03/0.186 364.20 ETAS-& ENYIP CO E9YI•/FIS/ACCESS 01-4232-249-42 364.00 • ...•.. ....... 860363 03/06/86 29.11 10" JACOBS NISAiC 01-43RI-lF.-33 • 29.11 .....• ....... A 0693T2 03/06/86 45.92 JOHNS AUTO 6YPPLY E2Y1P/PT S/ACCE 53 0I-1211-A9-12 15 A2 06965E 03/06/86 24.36 THE LAREA PRTO"UiL 01-4322-039-12 24.36 uuu .u_<HS 113e CITY OE ORONO :MECS 0.11SL R . :1i=R W. 01TE NOJYt VENDOR ITEM )i!CRIOtIJ1 I-C3MT W. IMY. • +-G- • •.Rur • 3.9135 03/01/Re 250.00 LOGIS/SURE 320 MNI-tJOe-MO JR-MU/ I1-1110-OS1-11 361131 OS/O./66 7.00 10GIS/SURE 120 MU VT TERMINAL -JAY 01-•]60-K9-Ia • OS)635 03/06/86 15C.00 LOGIS/SUIT; 316 RRT-l2D9-UD 0R-Mii91 ❑-H68-R1-]! OS9135 0]/OH86 786.77 LDGIi/SUITE 328 LlGti-U MINNAYeb 11-1312-K}1Y 059135 03/04/8t 106.12 LKIS/SUIK 320 LOGIY-UMfY-JA:OL 01-UR-IS}31 • 369635 051061S. 4,180.00 LOGIS/SUITE 329 LO\IS Ca ASS 2-111. OI-•AF K1-IS G&T133 03/06/86 114.10 L061S/SUITE 329 OAT& .RAC -JAR Ob 01-4355-ILI-IS US9656 03/06/86 263.23 LOGIS/SUITE 320 3616 FNOC-JN BY 01-6355-121-l1 053635 03/06/96 R.136..a LOGIS/SUITE 320 RJR -MO Y_R-TA$I ALL 01-♦310-t2t St 019435 03/06/86 1.991.00 LO615/SUITE 320 RJR-MOOER-INST"L 11-1560-e26-0\ 019435 03/06/96 111.15 LOGIS/SUITE 328 01-US SILLS I7/A1 12-2N0-000-6\ • 0.9135 03,06/66 T.00 L06121SU1TE 320 MAIMT fE&RIYAL-JAI 12-4310-s11-11 OS9935 35/06/96 63.03 LOGES/SUITE 320 L3GIS-A3RIN-JAR4a !1•H32-A}91 a11135 J3/06/66 20.90 LOGIS/SUITE 320 ONE, MAOC-JAM R• 12-4355-1.9-11 • 061135 03/04/66 111.13 LOGIS/SUItE 320 01-U9 BILLS l2/15 11-2011-109-0C Oi1635 43/06/66 I.DO LOGIS/SUICE 320 R,111 TERM/MAL-441 13-1310-569-92 0.1435 O3/06/66 94.53 LOGIS/SUIIE 320 L06R-A3M/N-JAMee f4 {152-Se}Y2 • 069435 03/06/86 31.29 LOGIS/SUITE 326 DATA MROC-JAM 66 I3-1155-569-92 11,986.84 f u u u •••-a rr• Di9162 0310618, 612.62 MARTINS 6ABARRE 66 MIT AJTO 31-{311-121-11 • 622.62 u.u. •u.CR: • Oil LJ• 03/C6/96 960.50 MRRO YASII CONTROL SR: i'YlT 0I-211]-400-00 9 {0.50 • .....• ...... • 0;3.12 31/06/16 11.00 MILLER 31VI5 CO MMTW-J.r 31-1122-039-12 11.00 Obi190 03/06/86 135.ST ME waa SCO JTILITI 01-0324-129-31 • 059190 03/01/66 M.NG RI113EGASCO UTItIR IL-1R6-a19-91 O.IHG OS/06/96 41.68 M11•EGN5C0 UTILIT14S 31-U11-S09-92 570.83 • •. u • • o•-CM 1 • 069191 O3/06/86 7.00 RM BENEFIT ASSN REALIM INS Ol-6111-326-11 2.00 • ...... ....... 6S950s 01/06/R6 48.96 min FINE ISE MNf MSS: EQUIP 01-1312-129-31 • 49.06 • 909534 03/06/86 450.80 ROTHOLA IBC AJTO EOJV N-H 50K]]-H 14e6 CITY OF ORON9 ]41C1 AS. DATE L100N1 P 2,150.00 0.95Lfl 0310.186 $6.61 0.95.E 03/06166 31.09 06,596 al/06/66 95 069546 03/01/66 )..a 0691.E 0510e1116 I.51 Yi9519 0310,16, 9.98 169.4? � uu•. 06955E 03/O6/86 321.1. 05955E 03/06/66 IM.I. O6V559 03/01/86 162.90 069559 OD/061R6 51.11 06955E 03/06/86 ..61 06959E 03/66/86 11.50 0Sv U, OS/O./86 593.61 059554 05/06/96 192.21 06955E 03/06/86 41.01 1.483.92 . • 05156E 01/0,/86 46.19 0615.8 03/06/86 46.99 OS3569 93/06/96 23.50 • 06,569 000,186 121.10 061566 05106,86 46.99 06956E 03/0./86 68.91 • 05956E 03/06/66 .6.99 05956E 43/06/66 9..0 069566 03/06/E6 1600 06156S 03/01/86 83.1E 05956E 03/06/96 113..2 621.86 . 069566 O3/06/86 29.23 OSI53, 23/01,86 4.04 OS953, 031.6166 1.2E • oevsee OS/06186 9.15 19.31 . • uue 0 N59I 03/0,A6 6..91 • 061E 91 03/06/06 3.66 90959T 03/09I96 3.42 6,959F 03,26186 U..90 • Oi 9S9) 03/06086 0.10 C MEF. REGISTER V EY000. 11t. )EiCRIP1194 0l-IC-fle w,.t L)CJJVT Va. IYV. • a. J. • �.... NAVARRE HARDWARE 8J6/63>S YNI 21-121b099.11 NAVARRE PNOYAAE COUIe/ATSACCESs OI-.232-129-31 NAVARRE ANDWARE tlUleletslACCCU 01-1232-11.-53 NAVARRE RNDWARE EQUIPIPISIACCCSS 01-1232-1,9-42 NAVARRE NAROWARE EWI-IVISACCCS2 12-4232-5.9-41 NAVARRE NNOYARC EDUie/PIS/ACCESS 11-1212-569-92 NSA UTILITIES 01-•f2.-099-II NSA UTILITIES 31-4324-129-31 NSP UTILITIES 01-1124-2.9-.2 NSP UTILITIES 01-6 S26-IA9-62 NSA UTILI I, ES 1 0-290-11 NSP UTILITIES O1-1324-290-61 N5P JTILIIICS 13-.321-56:-92 NSP UTILITIES 21-4316-561-92 NSP UTILITIES I... 324-SID-93 NOPTHYFSTERA BELL TEL1H01f )1-N10-3l9-L' NORTHYFSTE9Y SELL t.LE>HOYC 01-4320-OS9-14 NORTBYESTFAS BELL TELEPHDAE 0I-4320-919-15 N3RTIVESTE44 SCLL TELEeHOYE 01-4320-129-31 AORIHYCSlCRR BELL TLEPHOYC 01-43?0-1I.-33 NORMYESTCRII SELL IELEP.9YE 21-4120-115-3. NORTHWEST"% BELL IELAI2AE 01-4320-211-12 NOR14WESTEIR BELL TCL .SSE I2-4320-541-11 NORTHWEST" ■ BELL TELEs10NC II-132O-569-92 NORTHWEST ESN BELL IELEPHONE 11-.)2 M590-9] NORTHWESTERN BELL 3VERTISINO II-4323-590-93 MMD LIGWR STORE STORE SUPOLIES II-12111,t5-90 CACAO LIQUOR STORE SLU/2A35 RAT SUP 11-1231-3:S-94 01043 LIQUOR STORE PSS-.iE II-Uil-9t5-9p .A OA, LICUSA ST ME A3WCATISIN6 II-1323-SU-10 PUBLIC EPPL AEI ASSN PER, ilia t0 1123186 01-4161-031-12 PUBLIC EN0. RET ASSN PE„ 2116 IQ 2123A6 01-4141-840-13 PUBLIC CPR REF AUX PEP, 2/10 TD 2/231Oi 01-1IU-059-1. PUBLIC ERPL NET ASSN PER, 2110 TO 2/23/9e 01-0511-069-15 PYmIC UAL REI 1' V PC14 2110 I0 212314p 01-1111-091-12 .. .CA. ..-CA 1 ...-CA S 1T96 C11T 01 OROMO :NEC. xE.Is ItA L3-IB-6 •. [. .. •. CHeCG 44. )ATE 440UMT 9ERDU4 TIEN )ESCRI•TION •CCOUTt W. INV. 0 -.0. . e. A. J5959! 0./46/86 Liii.R PUBLIC CAM ALI ASSN P.RA 2110 TO 21,116. Ol-4N1-Iil-]I 069591 03/94/71 48.51 PJOUC CAR REY ASSN PER4 2/10 10 2/23/46 0btl41•315-J1 069541 03/0,166 6.72 PUBLIC CAR NET ASSN PLR& 2114 TO 21W8. 01-4L41-111.51 40317 03/06/86 317.01 PJBLIC CA•L RET ASSN PE24 2/10 TO 2123146 01-4161-121-51 06959i 05/V6/66 551.62 PUBLIC EPPL REV ASSN PENL 2110 TO 2/23166 Ol-.141-124-31 OSS591 03/06/96 1".%2 PUBLIC CAM NET ASSN PFR4 2/10 TJ 212314s 31-.141-Il4-J1 060591 01/04186 252.55 PUBLIC LAM NET ASSN PER4 2113 TO 212118. Ot-41.1-249-42 06959/ 03/06/66 11.0 PJBLfC EAR NET ASSN P?4A 2118 IJ 2121186 71-4141-290-61 U1959i 05/06/116 156.58 PJBLIC CAM NET ASSN PERA 2/IQ TO 212318. 11-41.1-515-99 059591 03/06/66 201.10 PJRLIC IBM NET ASSN PL44 2112 TJ 2125186 12-4N1-5.9-91 063591 05/01/66 152.23 PUBLIC CNP. REV ASSN PENA 2/ID TO 2123146 13-4b1-569-92 069592 03/06/46 44.61 PUBLIC CAR NET ASSN PE44 2110 TO 2123146 14-4011-590-93 3.285.53 019599 03/01/9. 9.00 PERA INS LIFE 1%; OI-.152-129-31 9.0E 061621 03/0,166 422.14 PHYSICIANS NEALTH HEALTH ITS 01-3412-000-00 069621 O3/061116 215.56 PHYSICIANS HEALTH HEALTH ISS 01-4151-039-I1 069621 01/06/06 145.99 PHYSICIANS HEALTH HEALTH INS 01-4151-939-12 OS9621 03/0616, 245.56 PHYSICIANS HEALTH NEALfH INS 01-N 51-039-12 069623 03/06/96 239.96 PHYSICIANS HEALTH HEALTH INS O1-4151-121-)t 961621 OS106/96 298.21 PHYSICIANS HEALTH HEALTH INS 01-.151-126-31 869621 03,06,86 1.023.06 PHYSICIANS HEALTH HEALTH INS O1-.151-129-31 0.9621 03/06/86 245.56 PHYSICIANS HEALTH HEALTH INS O1-IISI-114-31 069611 03/06/86 $83.16 PHYSICIANS WEALTH HEALTH ENS OS9621 0310./96 145.19 PHYSICIANS HEALTH HEALTH INS 61-4191-240-61 061621 03/06/96 391.55 PHYSICIANS HEALTH HEALTH INS 11-4151-.15-90 059621 03/06/86 96.26 PHYSICIANS HEALTH HEALTH f9S /2-1151-519-91 069521 05/06/96 143.30 PNFSICIAMS HEALTH HEALTH INS 13-4151-569-92 4.233.60 Oi9621 O3/04186 23.10 PIINEY BORES All 39F WUIv 01-4540-U39-12 06962I O3/06186 21.110 PIIMEY BORES "At OFF EQUIP 069621 O] WIT& 23.60 PITNE♦ BOTF_3 NMI DIF EQUIP 01-4340-069-IS 06362T OS/06166 23.30 PITNET BORES AST 0'F EQUIP 01-4340-174-34 959621 03/06/86 23.80 FITMEY BOIf_S NMI 3FF EQUIP .T-G 160-249-62 119.00 919623 03/06/66 5.874.02 POPHAM MAIN & ASSOC DEC 95 LEGAL 01-20.0-000-0C 063625 03/06/96 16.50 POPHAM MAIN A ASSOC DEC 95 LEGAL 41-2040-040-00 069624 0310.1hh 4.i38.68 POPMAA HAI6 0 ASSOC DEC 05 LEGAL 45-2040-040-04 069628 0310U46 49.50 POPHAM HAIN L ASSOC DEC 95 LEGAL 11-20.6-000-OC 10.676.70 u«•• ....CP3 06l639 03/06/86 250.00 PRAIRIE OFFSET PRTG/0UIL 01-4322-17..-33 256.00 • 34 03/96/36 3.75 ' PROEN PMOT3 SJP O°F SUMDLIES 01-4210-129-31 1#96 CITY OF DRUID ]9FC+ 40. 061E I 06t6.3 03/06/06 969643 03/01/6, 069603 O1/I./96 06964S 03/0.1 AA 069641 03/06/96 9 Obt6.3 33/06/9h 861643 CS/O./96 069643 03/06/86 6S9115 03/Ob/96 069119 OS/O!/R6 06t 162 O3/9./96 • Oit921 03/06/A6 JS t0.0 03/06/86 Oit010 G3106/96 OSg66 OS/06/86 u.u• O199F5 U3/U6/66 uu.• . 869900 03/Oh/R6 • •6t901 A3/0./R6 C tlEC9 RESIS1.9 AM6UM3 VENDOR IIIN 3ESCRIFIION 3_IS 21.03 PRUDENTIAL LIFE INS 6.i5 PRUDENT In LIFE IMi 29.60 PRODS NIILL LIFE INi 52.94 PRUDENT IAL L/f- INS S..O PRUDENTIAL LIFE INS 36.11 PRUDENTIAL LIPS IRS 0.92 PRUDE MI I A L LIFE IN6 F.59 PRUDENTIAL LIFE INS 138.43 35.56 S-RIBG PORT CAR 0AS9 AJ13 MIT 35.50 2.D00.00 TRACT III CD GAS3LTIE 2.000.00 . ..00 TOPOITM/PAR9 MILEAGE 0.00 S.52 VILLAGE CWVR9LLT EQUIP/PTS/ACCESS 5.52 8.22 WAYZATA AUTO S_AN Eiji- PIS ACCESS 12.33 MAYZATA AUTO SERv LOUIP FES ACCESS 20.55 56.-10 NIDRCR OROi MIT 9_36/61" 56.00 13.5* YMIGY: BEMT ELECTRIC UTILITIES 10.6. 129..0 ASSOCIATE3 BAG CO E}ul-/-TS/ACCESS 129..0 315.08 ASSNIANG Of FICCR/I91 C2NF/SC10OLS 31-4152-011-15 01-4152-121-51 31-4152-126-11 01-4152-199-31 01-015}-249-42 TI-01S2-StY iO it-Ntl-6l1-I1 A-♦l5}-KY9E 09-6141-1/4-SS 01-1260Y00-00 31-4301-129-51 91-6232-2.9-02 12-0232-549-91 13-4232-569-92 II-•SU-SIS-90 01-4324-209-42 31-6232-129-1t 01-93!6-129-11 Also :ITT OF ORUNO :9EU1 No. DATE 9S9962 115,31113 OS339L Ci3905 053936 IS3901 J633D1 0.39D9 Ou391a ].3911 063912 669.I1 N:E631 NCI631 R:/631 WCT631 Y: 1631 W:T632 N:1632 RZ-16S2 9:t632 N:I632 N-1632 9'2632 4: 7652 03"6/66 O3/0./N6 O3/u6/R6 O3/0", 03/06/R6 03/06/86 03/06/86 01/06/46 03/06/86 O3/06/RL 03/06/86 03/G6/86 AR9JNT 315.00 44.99 48.•0 10.95 I0.95 10.24 1S.21 19.52 10.52 60.30 60.0. 11.96 14.00 99.16 64.16 24.99 24.90 40.00 ♦0.00 6s1.09 RSA.00 29.14 29.14 100.00 1DO.30 COACT RL6ISILR VENOON TIER ]E iCWIP1I JY SAUREE6 OP -LOWS 916 FONT RINI. CO COTI11:18 A LANWAV GAC I.JC6 :TN 431T ARMS :IR I P 9 6 NACWEEN E2UIP NARRET PLCE LANELS E i 40SE09AL N HEWN HUYM SEAT VINI16 SAFETY .ROD GOTT TNNG iERV WELL31S Y16 N30Ri/•ERIWCLS IELEP93NE E041•1-FS/ACCESS :291/9C1WLs 830Ni1FERIO9CL' R9T AJT3 STI -_ SJPPLIES 9DSENT94L 991 W TE9A TJRN 3EV E3JI•1•IS/ACCESS CON° A SC90aLa QC949T NO. 169. . -.0. F R....An DI -I IU D-JUD-Vu 31-1N0-059-V 01-1310-129-31 fl-12A-219-12 03-1156-111-!! 91-12111-129-31 J1-1I.1-2.9-12 I3-12 f0-S35-9L 91-z336-o6a-ea ]1-. 365-100-21 01-1132-129-51 01-i116-R9-a1 03/04/86 1.&53.32 ED PTILLIRS LIN •J9:4 IS-41I0-S15-16 03/06/86 21.01- ED PNILLI3 LID OISC 21-3011-SAS-9L 03/06/96 1.119.42 ED POILLIFS WINE •JACN 11-9112-515-.0 03/06/86 24.38- ED MILLI PS NINE 31SC 11-4813-515-90 03/06/86 49.60 ED 14ILLI FS REEN •JACN ll-Hp-515-Y0 2J6..69 . 03/26IR6 210.25 MEN SS SET DIV •GA 2115-212311. 91-4142-039-12 63/86/66 6.16 OWN SS SET DIV FICA 2114-2/231" 51-1142-64 8-13 03/06J86 5.75 DOER SS NET DIN FICA 2110-212314. 11-1112-059-1. B3106186 LT6.L1 DOER SS ACT DIV FICA 1/IO-L2IJ61 01-4162-069-15 03/06/96 14.27 DOER SS ACT DIN FICA 2/16-2/2311. 91-1113-N99-l1 03/94/96 11.61 DOER SS It" DIN FICA 2/10-2/23/16 01-1192-E15-31 83/06/66 11.31 DOER AS SET DIV FICA 2/1N-2/23/8S 01-0111-11I-31 03/01/86 16G.31 OWN SS SEE DIV FICA 2/10-2/23/86 01-61:2-126-35 •11:11 •♦wAL .ANJLL N LMJ6L ..M11L -A1WAL W66JAL MNU AL w6Nu6L 6NJAl W6NULL NA•ILL R1WLL tJB6 CITY OF 00040 :ACCS NJ. DATE 4:/632 03/06/86 N-I632 03/06/A6 11:3h32 03/06/66 M:1632 OS/Oh/s6 N-2652 03/06/BA NCI632 03/06/56 N:1633 03/0h/86 NC2631 05/06/6, N:163. 03/06/86 4:163+ 03/06/86 4CI63. 43106,66 +-1631 03/06/66 Na63• 63/16,86 N:E63. 0310.186 N-I635 03/01/86 NCI635 03/06/86 NCT636 03/06066 M37636 03/06/46 NCi636 03/06/96 4C7636 OS/06/Bh MC163h 03/as/A6 N-7637 03/e6/86 MC1612 33/06/86 Na 611 03/06/86 N: 16IT 03/06/86 M:/638 05/06/86 N:1635 03/06/8G IROURT 626,2+ 33.06 71.34 56..6 160-ta a e 1.641.79 132.2f 1.258.80 1.382.xY B05.50 8.051.50 8.052.50- 16.91- 2V5.I9 5.8T- 1.8T9.A1 660.66 13.L1- 661.Of 1.315.55 26.31- 102.06 2.06- 32.96 1..22.)2 1.351.08 P6.8I- 616.T5 is.29- 1.965.68 270.17 2.11- 261..6 a/.1y 5.9A..09 3B.O111.25 A.9z9..69 9 {Y.131.92 I."2.31 1.415.21 $14.50 Ie5.613.2R CHECK REGISTJn YLNDOR /fIl 3ESC41PTION DOER SS RE: DIV FICA 2118-212314. DOER as a" DIY FICA DOER SS RCI DIB FICA Fill-2123/66 DOER :Y 6LI DIY FICL 2/19-2/25/D, DOER SS GET DIY FICL 2/19-2123/66 Dorn as MET liv FICA 2118-212318. R 0 R RENTALS UTILITIES R G A REkTALS STORE %:"NILS EAGLE DIST LID aJB:N EAGLE DIST 111 •ACN EAGLE DIST L12 eJG[e CAGLE DIST LIG DISC EAGLE DIST .14E •JACK EAGLE DIST WIN: DISC ED PWILLIK LID "R:M El P41LLIPS L10 EIS: GJALIIr WIVE LIG 'JL:M OUALITI WINE L12 315C OJALItT WIVE WINL PJRCM 2JAL[Tr WIVE WINE JLSC OJALITr WIVE -11 ajm:M GAIOTS COMER to PJR:M GRIGGS COMER LID DES: G+IGGS COVER ITV^ PJS:M GRIGGS COWER JIVE JISC 4011NS011 IRIS WIN, PWRCM JOMN..N IW3S WIN: )I SC BI-+NT-2+a-1t P16.K ll-tllx-i9B-U RAIb6L 1l-U.T-SIS-10 .AruLL 11-NLi-Sa 9-ff ap_ LL Il-LNT-%!-9t 1'6Ne LL H-1UA590-Y! n.nuAL FI-LSIa-511-9Y aLVJLL II-9312-]11-90 NIMJ6L 11-19U->13-YO g6JAl f-.81D-115-9L P..T4LL Il-4III-115-9B +6Mutl II-.ell-sal-90 N09JAL fl-AI12-l1S-9r 21-101 I-115-Y6 M&NN," RAWK It-+e12-515-10 -ANNUAL II-NI3-]IS-Yi YNbLL xb.BIB-5I Y9C NABY AL It-B+I1-!t!-9: n6WK rl-.el xms-vc nARuu 1T-69T S-515-YG P.L 11-.•20-SIS-9y '.WIL I1-HIO-115-YC •AWK 11-Yell-3l1-v0 +AIrLL 11-. R}-SIS-Y0 .AWLL Bb+Pll-Sly-1C n1NJ 1l AN U2-]IS-90 PANULL 11-1l1 I-11]-.4 •gJLL FUND 01 TOTAL GEYERLL FUN] FUND IA TOTAL T"RIVE 6 EQUIP OUTLAY F FUND ]1 I01LL G 0 SF LLD R] Son)S 19 F FUND U 111AL FERN 11"OVC REVOLVING I FUND AS TOTAL 1965 SPEC ASSESSRCNT FLA FUNO II r00L LIOJ" V'CRAfIRG FUND FYNO T2 TOTAL WatER OP ERAl 1 AG FJNO FUND 73 TOTAL SEWER "CRATING FJNO FWD FA T02AL G]L° :JUASE 9-ER.TING VC TOTAL PUBLIC ATTENDANCE CITY OF ORONO ) MEETING DATE ?�o/YC �C�U.)'1C1� PLEASE FILL OUT THE INFO ATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) R - A YANARAor A: ( 3 Af , G� � 3 0 iA. J C . //E.v,FY of,t'.v [/,-L:J vf.e' u e //i �+'�aA'¢ �•7TE 9(. stJ r eZ. V(Q m. Vr n1 lfomrej Gv!c"4VAj4h MA �. r< s. oaa !1, �„ •. ri 18. . 20. I n-fo r M (L+ folA IL +e, fyq% s clomr- zt (Ac" COUNCIL MEMN MAR R 101986 CITY OF ORONO HIS COUPLE LEFT' THEIR HOME IN ORONO, NINNESOU ' O MM IN VWM A GROUPIE ,*ISW SMLE,ARIZONAm SUN CANYON «NwK LiHIS .-AUUPLE LEFr'1'FIORHOME IN ORONO, MIMNEMM IN 9ry (TSDALEpARikjMA. SUNCAN)N rxohv�tRnNar Vas gb4.Yt-T�! �wll��rww 'Iiv�w•. w I TO: John Gerhardson, Public Works Coordinator 21086.3 FROM: Mark Bernhardson, City Administrator DATE: February 19, 1986 SUBJECT: Appointment of Acting Administrator In accordance with the ',dministrative and Personnel Policy of 'he City of -iono, I hereby ai,,oint you as the Acting Administrator, to act in my half in my absence due to vacation, sick leave or City bu:;iness tha akes me out of the area. This will be operable any time that I wil :e absent for a working day or am out of town. Responsibilities that you would be assuming under this letter of authority are as folliws: OPERATIONS - Insure that the continued City operations of all departments continue. You have the authority to work with Department Heads to make appropriate ­erat,ional decisions and insure continunity of operations. 'F� TING RELATIONSHIP - Keep Mayor and Councilmembers 3nt.. coed as appropriate as to issues and deve.lopments :fecting overall orgp, ,t operation and policy 6irections in the same man as :ld when orese:t. REPRESENTATIVE AT MEETINGS ._end ..,etings that require my attendance an act on my behalf in those meetings i-cluding, but not limited to, regular weekly staff meetings, one on one Department Head meetings and Council meetings. POLICY DIRECTION - Work with Coun.ilmembers to develop needed po cy rect:on in which a conclusion is to be reached in a timely manner during my absence. S. (NATURES - Pursuant to authority granted by the City (7nL1C11 Uat in my ah,;�r�e you have tb authority to sign doc�,ients that requ.r ,y an ion or signature together with sign lure of appropriate 'iecks, ovided that the other requir_d signatures are provided. GENERAL - That ycu perform other fur.tions and tasks in my ahsence that wil l insure the on;oinq operation of I organization w't1,Ji established alliuclines, but apart from a case by case auth ity, defer 'rant personnel actions or alteration of compensation. DURATION - This letter can .nended, modified or revo'ed at aT e by either mysr,.f �r the City Council upon i a::p-fete written notice delivered to your office. 1 City Admin,sn Inc. Mar& 1, 1966 Aserxie Tde^M 612291.094 SL Paul MN 55102-2595 RE: Orono Partnership Development Proposal Orono, Minnesota SUBJECT: Concepts and Issues Pertaining to Development TC Mayor and City Council Planning Commission INTRODUCTION We are pleased to be able to present this dev..'•-4nent proposal to you to aff­-ou the opportunity of seeing what we b reve would be a viable, va,ua.,e and worthy addition to the City of Orono. This proposal is being presented as a partial alternative to the present classifications for the land in the current Zoning Ordinance and the Proposed Land Use Guide Plan. We are familiar with the issues and goals that have been discussed for the Highway 12 Corridor Study area and we believe our conceotl,al presentation responds to them positively from both the City's and developer's standpoint. LAND USE The - oposed development concept is in keeping with the alternatives for devr mient presented by the Consultant Planner at the January 6th meeting. A mixed use develctxnent proposal., the presented concept envisions more intensive commercial/retail development along Highway 12 with natural transitions to apartments, townhouses and finally single-family residential development at the northern portion of the site. For conceptual purposes the developme..t proposal, at full development, would include 125,000 s.f. of --tail space, 111,000 s.f. of commercial office space, 450 apartmen* unl,.s, 24 .wnhouse units and 34 single family, 2-acre resident' As. land .,as also been afforded for the construction of a public 1 , building and potentially, a new Orono City hall. We believe the inclusion of the apartments and townhouses at this site would he a particularly positive step toward augmenting the enrollment at the adjacent school complex: without requiring additional bus service costs. -2- For comparative purposes, under the current zoning the land's potent.al would allow for approximately 84 single family, 2-acre residential lots. Whether single-family residential lots are viable along the Highway 12 right-of-way is, of course, one of the guesticas that prompted the current study. We also believe the development prnposal is respectful of the land uses presently existing or envisioned nor the adjoining land parcels adjacent co the development site. We believe we have been consistent in our attempt to provide suitable "neighbors" for the adjacent prope.ties and have also made use of existing natural conditions to create buffers. In addition to the many existing natural buffer zones that already are available, additional natural buffers could only further enhance both the development site and its environs. FORMAT FOR DEVELOPMENT Respecting the City's rightful concerns for both the natural environment and the aesthetics of the built environment, we would recommend that a development such as t`^ one proposed be considered on a planned unit development (P.U.D.) basis only. We believe the P.U.D. concept is vital to the City in order to maintain the controls necessary to reach it's goals. Under the P.M. concept the City would have approval power over aesthetic design and the selection of building materials. It also would have the ability to establish standards of performanr on the part of the developer. On a similar note the City could also establish, and enforce, standards concerned with the respectful treatment of the existing natural environment, and the enhancement of that environment. As can be seen by the development p^oposal presentation, we have already taken steps in this direction by augmenting the existing natural environment and by including a public trail system connecting environmental nodes. TRAFFIC The proposed development will not significantly affect the volume of traffic on Highway 12 such that the highway's capacity would be threatened. At this time it is envisioned that direct access to the retail area of the site would be by right turn from westhound Highway 12. Access for eastbound retail travelers and to other commercial site areas would be via a new frontage road along Highway 12, accessing off of Willow Road and Crystal Bay Road. The apartments would be served by a remote frontage r ad off of the Highway 12 frontage road. The townhouses and single family lots woulc b? served by new east -west roadways, again from Willow and Crystal Bay Roads. The concept proposa also envisions appropriate signaliz�tion at the intersections of Highway 12 and Willow Road and Highway 12 and Crystal hay Road. -3- Internal pathways for non -vehicular traffic could easily be established with minimal, if any, conflict with the vehicular traffic system. STORM WATER SYSTEM -he development concept envisions the continuation, with enhancement, of the existing run-off system. The existing three major wetlands areas would be tied by culvert to create sedimentation areas with the eventual run-off tying into the existing Long Lake system. All run-off from the constructed areas would pass through skimming devices to begin the process of insuring the purity of the quality of the run-off. The existing culvert under Highway 12 would be replaced by a larger culvert, as envisioned in the City of Long Lake Storm Drainage Study. WATER The existing 8" main from the Long Lake system, serving the school complex to the west, has adequate additional capacity to serve the proposed c elopment. A looped main system would have to be created and individual meters will be required at each take -off for each building served. This looped system will, in the long run, create a far better water service for the entire service area. SANITARY SEWER The existing sanitary sewer system creates the largest problem for realizing a development such as proposed. Both the existing V gravity and 4' force main lines have limited capacities that would require irnovative and unique solutions to enable their use. The approval of such solutions by the appropriate enabling agencies could be difficult and certainly would take considerable time to achieve. A more reasonable solution would be for th.: developer to construct a new lift station and force main from the development site to a Long Lake facility that has adequate existing capacity. A secondary advantage to this alternative would be that this new system would also allow for the inclusion of the single-family residential areas to the sewer system. Since these residential areas h=.ve generally poor soils for the construction of self-contained waste disposal !.ystems, potential later sewer problems could be averted. The syste-„ a.ter construction, would he turned over to tt.a appro*iate municipalities. KBLIC SERYICES/FINANCES Please find below Cost -Benefit Analyses that review revenue/cost considerations for the site, Lased upon site development as all s—gle-family residential (:Analysis !1) and based upon site development as proposed herein (Analysis /2). We a^e very appreciative of the assistance of the City Administrator and city Appraiser in the development of these analyses. -4- COST-BENEFIT ANALYSES (SEE ATTACHED SCHEMATIC SITE STUDY) TOTAL SITE AREA: 187.8 acres (8,180,600 s.f.) WETLANDS AREA: 20.4 acres ( 890,100 s.f.) NET BUILDABLE AREA: T6�Q acres (7,290,500 s.f.) ANALYSIS #I: A. Assumptions: 1. Maintain current RR-1B zoning, single family residential, 2 acre lots. 2. Value of lot and residence • $250,000 - Market Value. 3. Assume all homes homesteaded. B. Givens: 1. Per classification system, to calculate Assessed Value, take: a. 18% of first $64,000 of Market Value b. 29% of balance 2. 167.4 acres / 2 • 83.7, say 84 nomes. 3. Orono mill rate • 10.834 mills. C. Computations for Assessed Value: 1. Market Value: $250,000 2. First $64,000 x .18 11,520 3. Balance, $186,000 x .29 • 553 940 4. Assessed Value 65,460 S. Mill Rate x 010834 6. Tax Revenue Per Home - = 7. All Homes x 84 8. Total City Revenue - 3557f D. Cost to Orono for 84 Additional Howes: 1. Per City Administrator, can be assumed that current service capacity will adequately handle additional homes, however there will be some increase in costs. 2. Po'ice. No increase in cost. -5- 3. Fire Department. a. Based upon terms of current contract, contract cost will go up slightly by the 1-2 calls per year expected to be generated. b. Effect of adding $5.5 million in assessed value will shift more of the cost of the department to Orono. c. Per City Administrator, the additional cost to Orono, for additional calls and the increase in assessed value, will likely cost no more than E10,000 total. 4. Administrative Costs. None. Any costs woulu be covered by fees paid by land owners. 5. Maintenance. Assuming all roads would be private roads there would be minimal cost to the City, in the neighborhood of perhaps $2,000. 6. Total Cost. The total cost to Orono from the above then, would be approximately $12,000. E. Net Gain to City: 1. Tota', Revenue $59,572 2. Total Costs 12 ,000 3. Net Gain to City AWLLYSIS 12 A. Assn Lions: 1. Development per proposed concept plan, with the following elements: a. Retail Center - 120,000 s.f. b. Office Buildings (2) - 74,000 s.f. c. Bank/Office Buildings - 12,000 s.f. d. Auto Service Station - 5,D00 s.f. e. Library - 17,500 s.f. f. city Offices - 20,000 s.f. g. Clinic - 25,000 s.f. h. Apartments - 450 units I. Townhouses - 240 units J. Single Family Residential - 34 homes as 2. Land values, per City Assessor, can be assumed to be at the following market values: a. Apartments - $9,000 per acre, for the 23.36 acres. b. Townhouses - also $9,000 per acre, for the 21.85 acres. c. Commercial - S25,D00 for the first 20,000 s.f., - $0.50 per s.f. for the next 43,000 s.f., - SO.25 per s.f. above 0,000 s.f. - The proposed commercial areas • 1,422,200 s.f., or 32.65 acres. 3. :onstruction costs are assumed as follows: a. Retail Center - $40/s.f, for shell and finishing. b. Office Buildings - S50/s.f. for shell and finishing. c. Bank/Office Building - S70/s.f. for shell and finishing. d. Autc Service Station - S35/s.f. e. Clinic - S60/s.f. for shell and finishing. f. Apartments - $40,000 per unit. g. Townhouses - $100,000 per unit. h. Single Family - $250,000 market value, land and building (same as Analysis M1). 4. No tax revenue for library, city offices and church, land or buildings. 5. Assume all apartments to ihouses are non -homesteaded. B. Givens: 1. Per classification system, to calculate assessed values for the proposed development, take: a. Commercial - 43% of Market Value, less 60% of value for cos Fiscal Disparities Act. b. Apartments and townhouses - 34% of market value. c. Single family r. .�ential - same as in Analysis ta. 2. Orono Mill Rate - 10.834 mills. C. Computations for Assessed Value: 1. Commercial Areas: a. Land: 1. Total Area 1,422,200 s.f. ii. First 20,000 s.f. S 25,000 iii. Next 43,000 s.f. @ $0.50 21,500 iv. next 1,359,200 s.f. @ $0.25 33399 V. ui_I Land Value ,BOOS -7- b. Structures: i. Retail Center - 120,000 x S40/s.f. = S 4,800,000 ii. Office Buildings - 74,000 x $50/s.f. = 3,700,000 iii. Bank/Office Building - 12,000 x $70/s.f. = 840,000 Iv. Auto Service Station - 5,000 x S35/s.f. - 175,000 V. Clinic - 25,000 x $60/s.f. • 1 5�00 00.0 vi. Total a11,01e,060 c. Summary: i. Land $ 389,300 ii. Structures 10465coo iii. Total Market Value = S iv. Classification System x .43 V. Assessed Value vi. Mill Rate x .010834 vii. Revenue Before Fiscal Disparities • rs.-M viii. Fiscal Dis:- ities x .40 ix. Net Revenue t. City 2. Apartments a. Land: 1. Total Area = 23.36 acres ii. Value/Acre = x 0000 iii. Market Value, Land = -$�9 $210,240 b. Structures: i. Number of Units = 450 i'. Value/Unit iii. Value = $ 40 000 S18'C'00:000 Market c. Summary: i. Land = S 210,240 ii. Structures 18 000 000 �I&t210:240 iii. Total Market Value = iv. Classification System x .34 V. Assessed Value T-7177 'f vi. Mill kate x .010834 iii. Revenue to C „y = �6 , 79— 'J 3. Townhouses: a. Land: I. Total Area = 21.85 acres ii. Value/Acre = x E 99a.00000 iii. Market Value, Land $196,650 b. Structures: I. Number of Units = 240 ii. Value/Unit E 00000 iii. Market Value = ,0 c. Summary: I. Land = E 196,650 ii. Structures 24-T4'000''UOO iii. Total Market Value =,196,650 iv. Classification System x 34 V. Assessed Value - d�c S1 vi. Mill Rate = x 010834 vii. Revenue to City = 4. Single Family Residential: a. From Analysis F1, Tax Revenue per Home $709.19 b. Numh,r of Homes x 34 c. Total City RevenueTi1 5. City Revenue Summary: a. From Commercial Areas = S 21,246 b. From Apartment Areas 67,079 Grom Townhouse Areas = 89,130 d. From Single Family Area 24 112 e. Total Revenue to City = w`0l:561 0. Cost to Orono Because of Developeaot: 1. Police. P .ity Administrator, a significant increase in the number of carts is un'.ikely. However, a reorganization of the department may result, with a new officer required. Cost of officeto city - E50,000/year. 2. Fire. Assuming all construction is within serviceability of existing apparatus so that rew equipment will not be required, increased cost to City due to development will be along similar lines as discussed in Analysis C1. It is estimated this additional cost would be E15,000/year. -g- 3. Administrative Costs. None (fees' 4. Maintenance. New frontage roads will require cit? maintenance, and equinment, estimated to cost E15,000/year to the City. E. Net Gain to the City 1. Total Revr.m-e - 1201,567 2. Tota' ')st, 6J 000 3. Net o n to City .+ He hope our presentation has adequately conveyed to you the thoughtfulness and concern for the community we have used in the development of our proposal. We would be very pleased to answer any questions that may arise. Very truly yours, FOR THE ORONO PARTNERSHIP, P*01EIOCIATES INC. e, A.I.A. Vice President JRP:kam I __4 I I I I CFVLu DATA_ \ I I , �I BOYO .. MP YBQ( FMSY .\ � I YYYPAVIO n+ro tw P fOIG.JIi aPlrc +c YIYPIIrI ff of • � 8 �,. � 1 I.LLOIUI/IXMAI � • Q nB !.. � w MMC `�!� B ONO J _ _- Y Y�3 _ MlOIHVIQ o city 011l()' �(, ] Q FFI raj Y ..-TM on 0 1 TTTy.1I1pI1( TTTT IIBQAYY ` ri�i ht�ll�-H ttiT _i.Vt/DFQ CO IYrtMrIN Fl1pP1F IF� • ONKf NOU B naw f yy p SMMATIC SITE STUDY �� >) MINUTES OIL THE PLANNING COMMISSION MEETING HELD NP.RRUARY 18, 1986 ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with the following members present: Chairnan Kelley, Taylor, Rovegno, McDonald, and Goetten. Absent: Sime and Callahan. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, aid City Recorder Peterson. #1007 ROBERT & CAROL TRAPP 4701 NEST BRANCH ROAD PRELIMINARY SUBDIVSION PUBLIC HEARING 7:30 - 7:42 Robert & Carol Trapp were present for this matter. The purpose of the public hearing was to consider the request for renewal of preliminary plat approval granted previously on 6/2/80 which was never completed by applicant. Assistant Zoning Administrator Gaffron exo lained the request which consisted of a 2 lot plat. He noted that each lot was in excess of the two acre minimum lot requirement and that there was an existing driveway serving the existing house which would be shared by the new lot. In response to Chairman Kelley's question, Assistant Zoning Administrator Gaffron stated that 3 horses are allowed on 5.45 acres. Assistant Zoning Administrator Gaffron noted that a variance would be required for the animal barn which is located 130' from the existing east property line and which will be located 70' from the proposed property line whereas 150' is normally required and this fact would be incorporated in the resolution if this subdivision were approved so that the future owner of Lot. 2 would be aware of the location of the animal barn. There were no comments from the public and the public hearing was closed. It. was moved by Goetten, seconded by McDonald, to recommend appr.r.val of the preliminary subdivision subject to staff's recommendations. Motion, Ayes 5, N-Vs 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #1008 JOHN S. PILLSBURY JR. 315 WOODHILL ROAD PRELIMINARY SUBDIVISION -METES AND BOUNDS PUBLIC HEARING 7:45 - 8:03 Present for this matter was Henry Kingman and Robert Hartfiel, representing John S. Pillsbury Jr.; and John Winston, representing Woodhill Country Club. Zoning Administrator Mabusth explained the subdivision request for a Class I metes and bounds division of 42+ acres into 2 parcels. The larger parcel wi 11 go to the adjacent landowner, Woodhill Country Club, and an eight acre parcel will contain the principal residence and all accessory structures fcr private ownership. Mabusth noted that all structures meet required lot lines. Regarding the existing guest house, Zoning Administrator Mabusth stated that it could meet the required 2 acre envelope and be divided off, but would not meet the public road requirement. Taylor questioned the use a dr:Lv,�way that appeared to be used by they Pillsbury's and C:;rpenter' s . John Winston stated that Mr. Ca - renter has allowed Mr. Pillsbury the occasional use :.f it and it could be closed off buf he see's no reason to do so. Mike & Dar lent, Blazek, 1230 Woodhill Road, were present for this matter for informational purposes only. There were no comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by Goetten, to recommend approval of the preliminary metes and bounds division subject to !staff's recommendations. Motion, Ayes 5, Nays 0. ZONING A1®IDMENT 83VnON 10.41, #B-2 LAKNOBORE BUSINESS DISTRICT PUBLIC PEAKING 8:00 Chairman Kelley announced that this Public Hearing would be tabled until the March 17th Planning Commission meeting. F MINUTES OF THE PLANNING COM3MISSION MEF'TING HELD FEBRUARY 18, 1986 #1003 HANS G. WEILER 6 DON KEMPF 1125 i 1135 NORTH ARM DRIVE SUBDIVISION OF A I.OT LINE REARRANGEMENT CONTINUATION OF PUBLIC HEARING 8:04 - 8:2G Mr. & Mrs. Hans G. Weiler were present for this matter. Zoning Administrator Mabusth explained the request for a lot line rearrangement which was previously approved in 1972 in order to build a new house at 1125 North Arm Drive but was never filed. Mabusth noted that Parcel C, which i. actually a part of Lots 22 & 31, wi' 1 be acquired by Weiler. Mabusth explained that Lot 6 is used as a riparian lot and staff recommends requiring an open space easement over this lot. Planning Commission reviewed with applicant the proposed lot combinations. There were no comments from the public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Goetten, to recommend approval of the subdivision of a lot line rearrangement subject to the following conditions: 1. Kempf to combine Lots. 23, 30 and rearranged 22 & 31. 2. Weiler to combine Lots 20, 21, 32, 33 with Parcel C. 3. Weiler to execute special lot combination with City formally approving riparian use of Lot 6 by Weiler and recognizing s;)ecial ownership relawionship (Lot 6 cannot be sold as separate parcel). Motion, Ayes 5, Nays 0. #1004 WILLIAM ULRICH 1535 i 1595 BOHN'S POINT ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT CONTINUATION OF PUBLIC HEARING 8:25 - 8:48 Representinq Mr. Ulrich was his attorney, Gregory T. Halbert. Also present in Mr. U l r i ch's behalf were Mark Gronberg, John L. Noble, and Don Brauer. Goetten questioned why this application was being submitted without the entire plan as requested by the Planning Commission back in November. She stated that she would not be willing to approve anything until the total picture was presented for review. MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #1004 WILLIAM ULRICH continued Zoning Administrator Mabusth stated that the Conditional Use Permit application was not before the Planning Commission at this time, only a request for a lot line rearrangement and that there is nothing in the ordinance to prohibit application or consideration of the subdivision as a separate application. Planning Commission may take formal action to table pending receipt of the conditional use permit application for the illegal. fill. Zoning Administrator Mabusth briefly explained the request and noted that each parcel appears to satisfy the standards of the zoning district and staff recommends approval of the lot line rearrangement. Rovegno stated that he would like to see the entire plan of the property but feels de•iial of this request would be inapppropriate because it meets the standards. Chairman Kelley questioned how the Planning Commission could recommend approval of subdivision when the conditional use permit for fill has not yet been satisfied. Attorney Gregory halbert stated that the subdivision application is separate conceptually from the other issues being dealt under the conditional use permit. There were no comments from the public and the public hearing was closed. It was moved by Goetten, seconded by Chariman Kelley, to table this matter until the April Planning Commission meeting or until information needed is received. Motion, Ayes 5, Nays 0. #842 ROBERT ZIMMERMAN 3415 CRYSTAL. BAY R',AD VARIANCE — SECOND REVIEW PROPERTY OWNERS RE —NOTIFIED Robert 'Zimmerman was present for this matter. Assistant. Zoning Administrator Gaffron explained the request which was tabled in 1984 subject to applicant revising his plans. Her noted that applicant has revised his plan to include i garage addition and proposes removal of existing hardcover resultinq in net increase of 2.2% in 75-250' zone. McDonald stated tha* she felt it would be a nice addition to the ne i ghb(:,rhood . 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #842 ROBERT ZIMMERMAN continued Assistant Zoning Administrator Gaffron stated that there is no known opposition from the neighbors and all have been re -notified. It was moved by McDonald, seconded by Goetten, to recommend approval of the 3.5% hardcover variance in the 75-250' zone, conditioned on the applicant removing 2 areas of gravel and the existing detached garage structure. Motion, Ayes 5, Nays 0. #967 i #968 JOHN B. IDSTROM 2580 FOX STREET PRELIMINARY SU3DIVISION/CONDITIONAL USE PE"IT CONTINUATION OF PUBLIC HEARING 8:53 - 9:07 John B. Idstrom and David M. Ostreim were present for this matter. Mr. Idstrom's engineer, Mark Gronberg, was also present. Assistant Zoning Administrator Gaffron explained the request for a two lot subdivision (there are no houses on the lot presently) creating a new building sites. He noted than, both lots meet the 2 acre dry buildable minimum and standards for septic systems. He also noted that t:lere is a potentia ! for a future 3rd lot which would also meet the 2 acre requirement. It was noted that applicant is requesting approval for the driveway to access onto Fox Street to serve both proposed building sites. Planning Commission disc,issed the proposed driveway which will cross the designated wetland in order to access the rear building site. It was noted that the Watershed District has approved this crossing. There were no comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by Taylor, to recommend approval of the preliminary subdivision and conditional use permit subject to staff's recommendations. Motion, Ayes 5, Nays 0. #990 WARD FERRELL 3405, 3411 i3415 WATERTOWN ROAD VARIANCE - SECOND REVIEW Ward Ferrell was present for this matter. Assistant Zoning Administrator Gaffron explained that this application was reviewed approximately 6 mcnths ago on an appeal basis gi%inq the applicant a general idea regarding the City's policy regarding situations of three contiguous subs,candard lots in common owr.prship. 0 MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, #990 WARD FERRELL continued All the Planning Commission members basically concurred with their opinions stated at the Vovember 18, 1985 Planning Commission meeting, that thi6 croperty should be allowed a total of only 2 buildable lots. Mr. Ferrell stated that the City of Orono requested him to divide the property back in 1958 so there would not be future problems with building another home, and that this fact should be honored. He also noted that when the zoning changed from a 1 acre to a 2 a;:re zoning district, he was told that this would not affect existing lots. Assistant 'Zoning Administor Gaffron reviewed the history of zoning changes in that area from 1950 to 1984. He noted that the proposed lots meet the criteria required of lots in single separate ownership based on the 1975 zoning code, but a density issue and setting a precedent are open, because these are substandard lots in common ownership. It was moved by Chairman Kelley, seconded by Taylor, to recommend denial of the 3 lots because they do not meet applicable zoning code criteria. Motion, Ayes 2, Nays 3. Mo;.ion dies. Rovegno, McDonald, and Goetten voted nay. Rovegno stated that he felt this is a difficult decision because it seems that 3 lots would have met code requirements up until a few years ago. McDonald stated that because of the many years of ownership by applicant, it would be inappropriate to deny. Goetten concurred with McDonald in this matter and sti�'.ed that 2 lots would be acceptable. It was moved by Rovegno, seconded by Goetten, to recommend denial of 3 lots but could recommend approval of a total of 2 properly laid out. building sites and recognizes the efforts, time and reliance the applicant has put in his 1958 application but still recommend denial of 3 Lots. Motion, Ayes 5, Nays 0. 1999 EVAN MELINE 3598 NORTH SHORE DRIVE VARIANCE - SECOND REVIEW Dena Belden, being half owner of the property, was present for this matter. noted that Evan Meline was unable to be present beta a is in Europe. This application was Planning Commission could firm -up plans to Hennepin County. tabl,_ from the December 16, 1985 meeting, Go that the applicants purchase additional property from 6 MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 f999 EVAN MELINE continued Mr. Belden stated that the County intends to sell some portion of the adjacent property at a public sale in March, at which time they plan to bid on the property. Assistant Zoning Administrator Gaffron reviewed the plat map indicating the parcel of property Hennepin County intends to sell. lie further explained the variances which would be necessary with the proposed plan whether the applicant acquires additional property or not. McDonald questioned Mr. Belden on when the existing hazardous foundation will be removed. Mr. Belden stated that the foundation is presently capped and will be removed as soon as possible, weather permitting. He noted that the delay has been Mr. Meline's absence and the weather. McDonald stated that any new residence being built. should be built within the boundaries of the existing foundation and would not be in favor of granting any variances erfringing on the Fegers property. Goetten stated that she would not approve the application as presented, but acquisition of the additional property may affect her decision. Rovegno stated that it is a problem lot in that if applicant was not allowed to build, it would become a maintenance problem, however, if the additional property were acquired, a modest (Awe l l i ng could be bi_>i l t within limitations. Chairman Kelley stated he has a very hard time approving this as being a buildable lot. McDonald agreed with Chairman Kelley. Taylor stated he would be willing to consider a proposal. for construction of a new house under one of two conditions 1)if the adjacent property cannot be purchased, consider a structure no larger than the one thats been there 2)if the adjacent property to the west can be purchased, consider a proposal similar to the one in concept presented at the December meeting. Taylor noted that the current owners purchased the property as if mid -January. McDonald stated that someone should be fined for not complying with the resolution ordering removal of the foundation. MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #999 EVAN RELINE continued It was moved by Goetten, seconded by McDonald, to table this application until acquisi.ti of property is secured. Motion, Ayes 5, Nays 0. #1005 NED INC. 1390 PRBNCH CREEK DRIVE CONDITIONAL USX PERMIT PUBLIC HEARING 10:02 - 10:15 Ned Dayton was present for this matter. Assistant. Zoning Administrator Gaffron explained the request for a conditional use permit to excavate a pond. He noted the City Engineer Cook has reviewed it and feels that the proposed grading may have little effect on the algae 1 -oblem but wil 1 provide a suitable duck nesting area. Cook recommends a timber baffle structurt- be installed to eliminate floating debris from moving downstream and placement of silt fence at the outlet during construction. McDonald stated she has concerns with the disturbance of land involving approximately 230 truckloads of sediments and nutrients. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Goetten, seconded by Chairman Kelley, to recommend approval of the Conditional Use hermit subject to recommendations by the Engineer and subject to permits required by the Watershed District. Motion, Ayes 5, Nays 0. #1006 CHRIS i DALE PALM 1710 SHADYMOOD ROAD VARIANCX PUBLIC HEARING 10:15 - 10:49 Assistant Zoni.nq Administrator Gaffron submitted a letter, from Jack F. Rhode, non-resident owner of the property located at 1690 Shadywood Rd., indicating his feelings and suggestions regarding any development being done at 1710 Shadywood Rd. Assistant Zoning Administrator Gaffron explained the request. for a hardcover variance to construct an addition and attached garage. (21 increase in 0-75'; 6% increase in 75-250' ). Chris Palm was present for thiC matter along with their agent Henry 1). Lindner R MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 #1006 CHRIS & DALE PALM continued Mr. Lindner stated that they were open to suggestions and their main concern was to be able to bring a 1940's house to a livable size & condition. Assistant Zoni • Administrator Gaffron noted that there was no average etback problem. Planning Commission would like applicant to submit a final plan eliminating some of the concrete, and reducing the amount of proposed hardcover in the 0-75'. Planning Commission reviewed the possibilities and suggested removal of some portions of hardcover. There were no comments from the public regarding this matter and the public hearing was closed. It. was mowed by Chairman Kelley, seconded by Goetten, to recommend approval: variance to allow 0-75' hardcover addition subject to removal of 0-75' existing structures to the north & east (A,B, & C); and variance to allow maximum of 30% (3,078 s.f.) hardcover in the 75- 250'zone; subject to a final pro;ose=d site plan being submitted before the Council meeting for staff review. Motion, AYes 5, Nays 0. #1009 WILLIAM W. WEAR 2160 WAYZATA BLVD. VARIANCE Bill Wear was present for this matter. Zoning Administrator Mabusth submitted a final sketch of the proposed sign. It was moved by Chairman Kelley, seconded by Goetten, to recommend approval of a variance to the mori.torium for the ;property locatel within the Hwy. 12 corridor. Notion , Aye's 5, Nays 0. FINAL REVIEW OF ZONING AMENDMENT - ORIGINAL PUBLIC HEARING HELD AUGUST 19, 1985 It was moved by Rovegno, seconded by McDonald, to table this matter at this time and schedule a special meeting date of Thursday, February 27, 1986, at 7:00 PM, at the Council Chambers to review this matter. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES DECEMi3ER 16, 1905 It was moved by Goetten, seconded by Tayloj, to approve the Minutes of the December 16, 1985 Planninq Commissionk meeting as submitted. Motion, Ayes 5, Nays 0. g MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1986 PLANNING COMMISSION REPRESENTATIVE Chairman Kelley will attend the March 10, 1986 Council Meeting. ADJOURNMENT 11:00 PM It was moved by Chairman Kelley, seconded by Taylor, to adjourn the Planning Commission meeting at 11:00 PM. Motion, Ayes 5, Nays 0. 0 COMMUNITY SERVICES DEPARTMENT CHILD PROTECTION DIVISION A-1500 Government Center HENN(PIN Minneapolis, Minnesota 55487-0150 February 21, 1986 Officer Curt Erickson Orono Police Department P. 0. 86 Crystal Bay, MN 55323 Officer Erickson, I want to take this opportunity to thank you for your professional assistance in the case Doris Ely was investigating for our Adolescent Parent Unit here in Child Protection. Our experiences with police officers and the various departments throughout the county has been postive. Occasionally, an officer's assistance bp-.omes especially supportive and deserving of some recognition. After talking with Ms. Ely regarding this :ase and hearing of the information and effort provided by you, it is my feeling this cooperation by you merits a note of thanks. Ms. Ely has forwarded the information to the appropriate Social Worker and closer monitoring of that situati'.' now underway. Hopefully we will be as responsive in situations w!;ere the need for information and assistance is reversed. Thank yoi:. is Ch•i 1 i,f Mt,'.Din Kitbo Sincerely, Ed Holt, Unit SsApe ry i sor Child Protection HENINIPIN COUNTY cpn tqv 11 ^t' P, � r Marsha Rokke :BCC Orono Orchard Roal, Aay:ata. Mn. 55391 • J ID J t J v f 4 11 r tit s2"Ple e0414 ttrgiest wait bessepiA bmea isrvicai p1samiAg beard 4100 vats eveave twtbe it. lewli perk, alsomiete $5416 •20-3555 February 18, 1986 Dear west Hennepin Mayor: The staff at the Hennepin County Community Health Dept. has inform-,' me that there are two openings for public officials the Community Health Department Advisory Committee. The Advisory Committee acts in an advisory capacity only, but is influential in planning services. I strcngly encourage you or another public official from your municipality to apply for a position on the committee. Decentralized health services for west Hennepin County citizens remains an important need. Also, as you may know the Community Health Department 1986 budget is more than $281000.00. Serving on the committee gives citizens of west Hennepin County an opportunity to have input regarding how and where the money is spent. If you have any questions or wish to apply you may contact Karen Lawson at the Community Health Department, 348-4259 or Mary Ann at west Hennepin Human Services, 920-5533. Sincerely, Sue Morrison Chairperson c: City Clerk FEBF2 4 i9A6 ���� CITY