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HomeMy WebLinkAbout11-10-1986 Council PacketAGENDN FOR COUNCIL MEETING SET FOR MONDAY NOVErIER 10, 1986, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Counci 1 under the Consent Item* on the agenda. Discussion will be held upon request. ROLL CALL fa 1. CONSENT AGENDA* i,6V 1 la'6 APPROVAL OF MINUTES * 2. Regular Meeting bf October 19, 1986 I Y Q`y� PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT - Maureen Bellows Representative 3. 7:30 P.M. Public Hearing # 1094 Glen Nelson, 500 Tonkawa Road - Variance/After the Fact Conditional Use Permit - Resolution * 4. #1000 & 1009 William Wear, 2160 Wayzata Boulevard - Variances - Resolution ' * 5. #1026 Hilbelink/Vogt, 160 Old Crystal Bay Roi,., - Final Subdivision - Resolution 6. #1060 J. F. Fleischhacker, 2775 Shadywood Road - Variance - Resolution 7. #1062 Ingeborg Cici, 875 Wayzata Boulevard - Variance - Conditional Use P.-rmit/Commercial Site Plan Review - Resolution * 8. #1064 City of Orono - Spates Avenue Lift Station - Conditional Use Permit/Variance - Resolution *9. #1070 Richard Rinehart, 985 Old Long Lake Road - Variance - Final Resolution 10. #1076 Ward Krueger, 205-215 Hollander Road - Lot Line Rearrangement - Final Resolu� i.,n 11. #1078 John Massopust/Mac Hii.'..an, 440 Brown Road South - Conditional Use Permit - Resolution ] #1081 Gregory W. Long, 3359 Crystal Bay Road - Variance - Resolution 1. #1082 John F. Dougan, 2785 White Oak Circle Conditional Use Permit - Resolution 14. #1084 Robert Maxfield, 4175 North Shore Drive - Variance - Resolution 15. #1085 Richard E. Brown, 1245 Sixth Avenue North - Variance - Resolution ENGINEER'S REPORT *16. Change Order - Old Crystal Bay Road MAYOR'S REPORT CABLE TV REPORT CITY ADMINISTRATOR'S REPORT 17. Orono Lane - Request for Access Improvement 18. County Road 15 Approval of Changes - Resolution 19. 1987 Strategic Planning 20. Liquor Store Third Quarter Results 21. 1987 Legislative Policies 22. State Auditor Report - Community Financial Health 1985 *23. Highway 12 Meeting - November 20, 1986 *24. Lyle Oman - Raise Per Certification *25. Northwest Lions Donation *26. 1987 Meeting Schedule 27. Hennepin County Parks/Lake Minnetonka Involvement AGENDA FOR COUNCIL MEETING SET FOR MONDAY NOVEMBER 10, 1986, 7:00 P.M. CITY ADMINISTRATOR'S REPORT Continued *28. Officer Trudy Kunkle - Resignation *29. Administrator's Information William Thies 1290 Spruce Place LMCD Policies Countryside North Arm Bridge Property Goal/Objectives CITY ATTORNEY'S REPORT 30. Chapman Easement LICENSES (31*) BILLS (32*) ADJOURNMENT MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 ATTENDANCE 7:00 P.M. The Orono Council met on the above date with the ti v r. following members present: Mayor Butler, Councilmembers I'Ill� Adams, Frahm, and Callahan. Councilmember Grabek was absent. The following represented the City staff: City f�,0dl,��a,� Administrator Bernhardson, Public Works Coordinator �.'6. Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaf f ron, and City Recorder Peterson. City Engineer Cook and City Attorney Barrett were also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Consent Agenda* subject to: -Removal of Item #2 - Approval of Minutes (Callal.dn) -Removal of Item #27- Request for No Parking on County Road 19 (Frahm) -Adding Item #12 - Big Island Board of Governor- (Bernhardson) Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES Councilmember Callahan wanted to amend the minutes to reflect that it was his recommendation that Mr. Wear's sign application be brought back to the October 27th Council meeting. It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the Minutes of the October 13, 1986 Council meeting as amended. Motion, Ayes 4, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT -1987 LRGISLATIVE POLICY -LMCD STUDY UPDATE LMCD Representative JoEllen Hurr was present for this matter. She outlined the new legislative program's main issues: -The ability to issue permits for watercraft using the lake via Lake Minnetonka sticker. -The ability to control removal of dilapitated docks with assessment for removal against the property. -Requiring notice of any other agencies conducting research or proposing any project on the lake. -The ability to own and operate lawn facilities -Require cooperation with the DNR and other agencies that deal with the lake regarding funding of the water patrol and additional money from the County for maintenance of the lake such as rip rapping. -Discussions with the Met Council some more direct funding for study of accesses. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 LMCD REPORT CONTINUED Hurr stated that they are working on an LMCD Comprehens've Plan. She stated that they are in the process of adopting an ordinance regarding footage of boats per watercraft availability unit. She reported that a lot on the Noith Arm is for sale by Hennepin County, which she is working to stop the sale of the lot. City Administrator Bernhardson stated that staff is also working to dissuade Hennepin County from selling the lot. METROPOLITAN WASTE CONTROL COMMISSION REPORT JoElien Hurr reported that the MWCC passed an ordinance that SAC charges will no longer be collected if sewer is not available to that property. They are working on a refund policy back to the community. PUBLIC COMMENTS Newell Weed, 1385 Orono Lane, and Craig Moen, 1387 Orono Lane, were present. Mr. Weed submittea a letter requesting immediate consideration to close the end of Orono Lane and approve construction of a new entrance road to Orono Lane from Highway 15. As noted in the letter, they proposed the entrance be moved approximately 200 feet east of the present entrance and connect with the current Orono Lane approximately at mid -point or on the line between the See and Thomas properties. He noted that the current entrance is a blind corner and a very dangerous intersection. He stated that the proposed entrance would cross the property owned by Mr. & Mrs. Douglas Johnson and understands that the Johnson's would make this land available for this road if approved by the City. Councilmember Adams stated that having reported an accident at the intersection within the past year, he agrees that this is a dangerous intersection. Councilmember Callahan recommended that the City staff review the request. City Administrator Bernhardson stated that staff will work with the City Engineer and bring back a recommendation and costs to the November loth Council meeting. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 ZONING ADMINISTRATOR'S REPORT: #968 JOHN B. IDSTROM* 2580 FOX STREET CONDITIONAL USE PERMIT RESOLUTION #2068 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2068 granting a conditional use permit for a driveway crossing the wetlands. Motion, Ayes 4, Nays 0. #967 JOHN B. IDSTROM* 2580 FOX STREET FINAL SUBDIVISION RESOLUTION #2069 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2069 approving the Plat of Beau Marais. Motion, Ayes 4, Nays 0. #1000/1009 WILLIAM WEAR 2160 WAYZATA BOULEVARD VARIANCE Bill wear and Jerry Rowlette were present for this matter. City Administrator Bernhardson explained the request for additional signage at Mr. Wear's shopping center located within the Highway 12 Temporary Limited Development Area. Zoning Administrator Mabusth reviewed applicant signage needs as follows: Building Signage for 12 Uses = 288 s.f. (2'xl2') 12 Use Plaques on (2) Pylons = 225 s.f. (2.5x7.5) Logo = 37.5 s.f. (5'x7.5') Time/Temperature = 21 s.f. TOTAL SIGNAGE AREA = 571.5 s.f. Councilmember Adams stated that he felt very strongly that the :moratorium be lifted to solve the applicant's problem. In addition, he felt for this particular building, with two sides and two entrances, two sign were appropriate whereas normally one sign woul,. suf f ice. Zoning Administrator Mabusth stated that staff recommends reducing some of the signage areas on the building that may be wasting the limited area allowed. Example: Gas, cil, meats, milk, bread, etc. K MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 #1000/1009 WEAR CONTINUED Mr. Wear stated that he did not feel he could ask the tenants to change their building signage at this point noting that the only tenant involved with this type of signaye is the Little Oak store. Wear felt this request would be feasible at the end of their lease in three years on May 31, 1989. Councilmember Adams stated that he felt promotions should not be allowed on the signs. The building should not be used as a billboard in promoting product, only advertisment of business. He stated that he has no problem with the proposed 2 pylons with 6 plaques on each, subject to conformance with other tenants signage (elimination of all but tenant identifications) in 3 years. Councilmember Frahm suggested that Mr. Wear be allowed the 12 plaques in which to use any way they want because some tenants may not want or need a plaque. Mr. Roulette noted that if the tenants were required to remove the signage (gas, oil, etc.) from the building, the imprint of the sign would be left looking worse than left as is. He noted that all 12 tenants may not want street adverti>> ' rg. Councilmember Callahan stated that he felt the time/temperature portion of the proposed sign was unnecessary in that area. Mr. Roulette noted that the time/temperature was mainly an attention getter. It was moved by Councilmember Adams, seconded by Mayor Butler, to conceptually grant a variance to the Limited Development Ordinance moratorium and to direct staff to prepare the appropriate resolution for Council action at their next meeting. Motion, Ayes 4, Nays 0. It was moved by Mayor Butler, seconded by Councilmember Frahm, to conceptually approve the application as amended and to direct staff to prepare the appropriate resolution for Council action at their next meeting, this conceptual approval is subject to the following: 1. Both pylon signs conforming to identical size and construction within 6 months. 2. Tenants to conform to user identification only on building at the end of the current lease (no promitional advertising). 3. Limit one user per 2 plaques. Motion, Ayes 4, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL NEETIIIG HELD OCTOBER 27, 1986 #1013 STEVE RATAINEN 3850 SHORELINE DRIVE FINAL APPROVAL OF COMMERCIAL SITE PLAN Steve Katainen was present for this matter. City Administrator Bernhaldson explained the plan which was conceptually approved by the Council on April 14, 1986. Applicant has fulfilled all requirements. Zoning Administrator Mabusth stated that the only outstanding concern was the type of outside lighting proposed. Mr. Katainen stated that he proposes a light above each of the 3 side windows in the portico, 1 coach light on each side of the door ar-1 a light above the door, spot lights on the building facing the parking lot. He stated the type of lighting for the sign has not yet been determined. Zoning Administrator Mabusth noted that the spot lights should be directed to shine down. She stated that She feels assured that staff and Mr. Katainen can work together on the appropriate lighting. It was moved by Councilmember Callahan, seconded by Councilmember Adams, that the Council approve the final and amended commercial site plan and preliminary building plans for Stephen Katainen for a proposed furniture store on the property located at 3850 Shoreline Drive, subject to staff approving the lighting. Motion, Ayes 4, Nays 0. #1.064 CITY OF ORONO SPATES AVENUE - LIFT STATION CONDITIONAL USE PER141T City Administrator Bernhardgon reviewed the issue regarding the requirement for conditional use permits for lift stations, an ordinance that has been on the books since at least 1968, however the City has never previously filed a formal condtional use permit application for construction of a lift station. When the issue was raised this year, staff had two courses of action to recommend to Council: a) obtain an after -the -fact conditional use permit; b) request an ordinance amendment to delete a requirement never utilized. Staff chose the former as it felt that location review of such facilities is appropriately a land use issue. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 #1064 CITY OF ORONO CONTINUED Public Works Coordinator Gerhardson stated that they had a temporary construction easement '.r the lift station property, which expired June 30, ;)86, and permanent easement papers are being processed. Councilmember Callahan questioned why the lift station location was changed. City Administrator Bernhardson stated that the original design of the sewer located the lift station on the south side of the road. Because of considerations related to the hook-up of the line on the south side and the potential delay to obtaining an easement on the south side, it was Counci l's decision at that time, to relocate the lift station on the other side of the street. Mayor Butler stated that the bottom line was that it was going to be cheaper for the City (taxpayers) to re- locate the lift station on the other side of the street rather than proceed with condemnation. Councilmember Callahan stated that even if the Councils' decision was correct, he felt there has been alot of loose practice as it ?lates to the easements. Mayor Butler stated that in light of the number of lift stations that the City has put on easements throughout the City, conditional use permits have not specifically been granted because the construction of the lift station had been approved and tacitly approved the location with the least financial impact. Dan Crear, 1980 Spates Ave., was present for this matter. He stated that at the time of this project he was temporarily transfered out of town and had let the City know that he wanted to be notified regarding anything that would effect him directly and he let the City know how to contact him. He said the original location of the .lift station was presented at the Public Hearing and was never brought up again to be relocated. He presumed that the City would have the common courtesy to contact him regarding the new location. He stated that he has experienced a severe hardship by the lift station location. He stated that he occasionally smells sewer gas and it is noisy. fie agrees that it may be unrealistic at this point to relocate the lift station, but believes the City owes him something for his hardship. Mayor Butler stated that at this point, the City needs to minimize the visibility and noise. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 #1064 CITY OF ORONO CONTINUED City Engineer Cook stated that the main issue in the location of the 1 if station was to keep it away from the busy intersection. He stated that '.he control panel of the lift station could be lowered one foot relatively easy. Mr. Crear stated that lowering it one foot would not solve the problem, it is still obscene looking and obstructs his view of the lake. He stated that the CAty handled the situation poorly and perhaps he should be compensated for loss of value of his property. Mayor Butler suggested that Mr. Crear make some suggestions regarding the preferable screening from his property. Mr. Crear and Public Works Coordinator Gerhardson recessed the meeting to discuss this matter. Councilmember Frahm stated that given the facts, he felt the conditional use permit requirement should be taken out cF the ordinance. Councilmember Adams stated that he was concerned about mak*ng sure that these structures would get cons gyration during the process of a sewer project. He statk.a that he was not aware of the size of the lift station. It was moved by Counc.i member Frahm, seconded by Councilmember Adams, to approve the after -the -fact conditional use permit and that the City do everything feasible to properly screen the lift station from Mr. Crear's property and contingent upon obtaining a permanent easement. Motion, Ayes 3, Nays 0. Councilmember Callahan abstained from voting. Councilmember Callahan suggested that staff consider the problem of changing the ordinance and incorporating the location of lift stations within the sewer planning meetings. After Mr. Crear and Public Works Coordinator Gerhardson returned from their recess, Mr. Crear wanted to state for the record that he felt the City should compensate him. City Administrator Bernhardson and Council directed Mr. Crear to submit a notice of claim to the City. 7 MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD OCTOBER 27, 1986 #1070 RICHARD RINEHART 985 OLD LONG LAKE ROAD VARIANCE Richard Rinehart was present for this matter. City Administrator Bernhardson reviewed the application for a side setback variance to allow construction of an attached garage to be 0.6 feet from the lot line noting the hardships to alternative locations. It was moved by Councilmember Callahan, seconded by Councilmember Frahm, to direct staff to bring back a resolution of approval to the November loth Council meeting. Motion, Ayes 4, Nays 0. ENGINEER'S REPORT: METROPOLITAN SEWER/NAVARRE INTERCEPTOR UPGRADE PROJECT City Engineer Cook reported that he met with MWCC representative Fred Stenberg regarding the Navarre lift station upgrade project. He stated that the MWCC has agreed to follow Alternative 3A as recommended by the Council at their last review of the project, provid'_ng the City assists MWCC with the following: 1. Property owner notification 2. Assist with easement acquisition 3. Public Hearings 4. Take back the old sewer lines which would involve some maintenance cost 5. Conditional Use Permit for lift stations 6. Accept a grinder station He staled that he is requesting Council authorization to send MWCC a letter confirming the City's acceptance of these six items. Councilmember Frahm voiced concerns regarding where the $100,000 needed would come from for eliminating Lift Station 10 and bypass with a gravity line to the interceptor. Public Works Coordinator Gerhardson noted that unless Lift Station 10 is eliminated the City may have to expend approximately $90,000 for pump replacement for that station. It was moved by Councilmember Frahm, seconded by Mayor Butler, authorizing staff to send a letter to MWCC confiming acceptance of the six items as outlined subject to the assuran,:e by MWCC that the lines are in working order. Motion, Ayes 4, Nays 0. n. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 MAYOR'S REPORT: Mayor Butler had nothing to report. CABLE TV REPORT: REQUEST FOR CHANGE IN SYSTEM OWNER* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept the information :rom staff regarding the pending cable TV owners+- p change. Motion, :'yes 4, Nays 0. #CITY ADMINISTRATOR'S REPORT: NORTH BROWN ROAD PETITION It was moved by Mayo.i Butler, seconded by Councilmember Callahan, to accept the petition from the North Brown Road residents, include it in the Highway 12 input and schedule the subject for the Council meeting on November 24, 7986 to determine if speed limit enforcement has had significant impact on the problem. Motion, Ayes 4, Nays 0. BIG ISLAND BOARD OF GOVERNORS* ?t was moved by Councilmember Frahm, seconded by Councilmember Adams, to table this matter until the November 10, 199E _'ounci1 Meetinc,. Motion, Ayes 4, Fays 0. JOSEPH MIMMS - "PEAL OF ADMINISTRATIVE DECISION Joseph Mimms, 25 Brown Road South, was present for this matter. City Administrator Bernhardson explained the matter in which Joseph Mimms is appealing the Administrator's decision requiring surveys on all properties when requesting a building permit when such a survey is not on file. This policy has been in effect without exception since July 1986 in order to avoid past problems of location of structures. He noted that surveys have previously been required in approximately 80-85% of building permit applications where a survey is not already on file. He explained that Mr. Mimms is requesting that this requirement be waived in this particular case because the proposed garage is to be constructed on the site of a demolished garage and is probably well within the required side yard and rear setbacks. Mayor Butler suggested that the City adopt a policy ..at when the property exceeds the required area in the zone in which it lies, and reasonable satisfaction is ,liven that the prrposed building does not encroach into the setback, a survey need not be required. I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 MIMMS REQUEST CONTINUED City inistrator Bernhardson added to Mayor Butler's suggestion that the policy be limited to accessory buildings which by definition are under 1000 s.f.. Councilmember Frahm also added to Mayor BL,t ler's suggestion that the proposed building be staked out _ staff to verify and letter--s of non -objection fr(. adjacent neighbors be regi, ed. It was moved by Mayor But_-r, seconded by Councilmember Adams, to amend the policy as recommended by Mayor Butler including the additions made by City Administrator Bern), -dson and Councilmember Frahm. Motion, Ayes 4, Nays 0. MEDINA POLICE SERVICE• It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept staff's update regarding Medina Police services cc Tact. Motion, Ayes 4, Nays 0. COMMISSION APPOINTMENTS City Administrator Bernhardson explained that there are several individuals on the Park Commission and Planning Commission whose terms expire this year, asking Council to direct staff to determine level of interest of the individuals who are cur-ently serving or who have indicated an interest i:, the positions so that the appointments are ready _u be made at the first regular meeting in January. Due to the impending change of the Council membership, Councilmember Frahm recommended that this matter be tabled until after January 1, 1987 for the new Council to make their recommendations. Council directed staff to proceed with informing the public of the positions available which will be considered after t,ie first of the year. FACILITIES STUDY - ENGINEERING PROPOSAL City Administrator Bernhardson explained the various steps that the c nsulting engineer would undertake to determine the City's space needs together with determining alternate cost arrangements based on preliminary design sketches. Staff recommends that the following items be cc-itracted with the City's consulting engineer for a total amount of $7,200: A Space program study B,2 Adaption and Re -use - current facilities C. New Public Works building on City owned land D. Combined City Hall/Public Works - new site 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 FACILITIES STUDY CONTINUED Councilmember Callahan made the following recommendations: 1. This study should be undertaken by the new Council, not the present Council. 2. This study should be done by the City staff, not from outside consultants. 3. Feels that the study is getting ahead of itself. 4. Feels that the City Engineer should not be the only consultant to submit a plar. Mayor Butler stated that the City Engineer is more familiar with the City's operation and would not expend as much time or money to determine its needs. She also stated that the Council should not abrogate all its responsibilites until January 2, 1987. Councilmembers Frahm and Adams agreed with Mayor Butler's last statement. Councilmember Frahr, agreed with Counci lmer ' r Callahan regarding more that', one consultant submittir.y a bid. He feels that they should get two more bids and proceed with phase A Spa%2e program study before undertaking the other phases. Councilmember Callahan stated that the spacing needs was not the correct phase in which to start the facilites study. It was mov-d by Coucilmember Frahm, seconded by Mayor Butler, to direct staff to obtain two additional bids on al 1 four phases and bring back for Council's consideration to proceed with Phase A. Motion, Ayes 3, Nays 1. Councilmember Callahan voted nay. BOW AND ARROW HUNTING It was moved by Councilmember Frahm, seconded by Mayor Butler, to make an exception to the ordinance and allow for hunting of game animals with bow and arrow when they constitute a demonstrated nuisance to the private property owner on which they are hunted. Motion, Ayes 4, Nays 0. DEER HUNTING - BARER PARK Larry Gillette, Hennepin Parks wildlife Manager, was present for this matter. 11 MINUTES OF THE REG'jLAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 DEER HUNTING - BARE". PARR CONTINUED City Administrator Bernhardson explained that Jennepin Parks is requesting an amendment to Orono's ordinance to allow the Park District to conduct shotgun deer hunts in the portion of Baker Park Reserve that lies within the City of Orono. The reasons for the request are: -The uniqueness of the property as opposed to other property in the community for hunting -Game management in the Reserve may reduce nuisance animals in other areas of the community -Difficulty to segregate Orono portions from the Medina portion of the park Mr. Gillette stated that in 1978 the Park District developed a policy after finding that the only way to control deer was by shooting and possible more humane than capture and relocati-n methods. In order for the hunt to be successful, they need to be able to hunt in as much of the park property as possible. They will issue 75 permits to hunt the 2400 acres of park land. He stated that they take measures to infc:rm the public of the deer hunt such as letters sent to abutting neighbors, newspaper articles, and posting all park accesses. He noted that since the hunts started in 1978, they have not had any firearms accidents or complaints. He stated that there is no liability to the municipalities for the hunting. Regarding the City's liability, Attorney Barrett agreed that the City would not be held liable. It was moved by Councilmember Callahan, seconded by Councilmember Frahm, that the Orono Council revises Ordinance #910 to allow an exception for discharge of firearms for hunting of game animals in Baker Park subject to a City issued permit. Motion, Ayes 3, Nays 0. Councilmember Adams abstained. TAX FORFEITED PROPERTY - ASSESSMENT REDUCTION City Administrator Bernhardson explained the request from Mr. Nowell Freeman, 4060 Elm Street, who is interested in purchasing tax forfeit property that is adjacent to his dwelling. Mr. Freeman requests that the assessments for this parcel be waived. Public Works Coordinator Gerhardson has talked with Mr. Freeman and if the City is not willing to waive the assessment, Mr. Freeman is willing to pay the assessment on a paym(-nt plan. Staff recommends that the assessment not be waived. Councilmember Frahm stated that he is not willing to waive the assessment. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 TAX FORFEITED PROPERTY CONTINUED Mayor Butler concurred with Councilmember Frahm in light of the fact that another adjacent lot under the same circumstances paid the assessment. It was moved by Mayor Butler, seconded by Councilraember Frahm, to concur in staff's recommendation not to reduce the assessment in order to sell the property. Motion, Ayes 4, Nays 0. THIRD QUARTER LIQUOR STORE REPORT It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council accepts the information from staff regarding the third quarter liquor store reports and that it be placed on the agenda for discussion at the November 10, 1986 Council meeting. Motion, Ayes 4, Nays 0. 1987 LEGISLATIVE PROPOSAL City Administrator Bernhardson submitted the 1987 Legislative Proposal for Council to review and relate any concerns in advance of the November 6, 1986 AMM meeting. Councilmember Frahm recommended amending the Lake Minnetonka F.ccess - Policy/Comments to reflect that adequate access exists -City is opposed to additional access. It was moved by Mayor Butler, seconded by Councilmember Adams, to accepL the proposed legislative package, as amended, as information only at this time for consideration at the November 10, 1986 meeting and that Council will address any concerns they have regarding AMM and League of Minnesota Cities policies to the Administrator in advance of their policy consideration meetings. Motion, Ayes 4, Nays 0. DESIGNATION OF JOAN LATTIN DAY NOVEMBER 28, 1986 RESOLUTION #2070 It was moved by Mayor Butler, seconded b uncilmember Frahm, that the Orono City Council recoc, ize the many years of faithful hard working service on the part of Joan Lattin by passage of Resolution #2070 declaring November 28, 1.986 as Joan Lattin Day throughout the City of Orono. Motion, Ayes 4, Nays 0. 1.3 MINUTES OF THE REGUIJ'z ORONO COUNCIL MEETING HELD OCTOBER 27, 1996 CARLSON REQUEST FOR SEWER' RESOT-UTION OF DENIAL #20':1 It w„- moved by Counci.lmeniber Frahm, seconded by Counc_.imember Adams, to adopt Resolution #2071 to deny sewer to Mr. Bruce Carlson and for the property at 2165 Watertown Road. Motion, Ayes 4, Nays 0. CANVASSING BOARD* NOVE14BER 5, 1986 - 5:00 P.M. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to acknowledge the Canvassing Board meeting scheduled for Wednesday, November 5, 1986 at 5:00 P.M. Motion, Ayes 4, Nays 0. BAILER PARR/LUCE LINE TRAIL REQUEST* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept the petitic.n regarding a Bike/Hike Trail from the Luce Line to Baker Park and accept staff information on the matter. Motion, Ayes 4, Nays 0. APPROVAL OF COLIN DRIVE -* KELLEY GREEN SUBDIVISION It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council approves the name Colin Drive for the private road serving the Kelley Green Subdivision. Motion, Ayes 4, Nays 0. REQUEST FOR NO PARKING ON COUNTY ROAD 19 As stated in the memo, the City received a request from Hennepin County to post a part of County Road 19 just west of North Arm Landing as no parking. Issue: Does Council desire to limit on -street parking used primarily as overflow for North Arm Landing on County 19 west to Minnie Avenue. Councilmember Frahm stated he was in f, vor. of posting no parking on the east and west stating it was a dangerous area and desired by the residents. Mayor Butler stated that the area has already been designated as an overflow parking area and has been included in the 700 car/trailer parkin(_J spots required by DNR. City Administrator Bernhardson stated that staff recommends tabling this matter and will be looking for alternative c,ff street parking in exchange of posting this area no parking. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1.986 COUNTY ROAD 19 NO PARKING REQUEST CONTINUED Councilmember Frahm stated, for the record, that he believes this area should be posted no parking at this time because of the dangers and does not feel the DNR is concerned with this parking area. 1987 HOLIDAYS* It was moved by Mayor Butler, seconded by Councilmember Adams, that the request for No Parking on County 19 west of Minnie Avenue be tabled until the first Council meeting in March 1987. Motion, Ayes 3, Nays 1. Councilmember Frahm voted nay. It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Council establish the 1987 Holidays as proposed as legal holidays for 1987 in accordance with the City personnel rules. Motion, Ayes 4, Nays 0. CONDEMNATION PAYMENTS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to authorize payment of Crystal Bay Sewer Project condemnation awards for the following properties up to the amounts listed: Genson (Olson) Keegan etal, 1115 Willow Dr. S. 10-117-23 24 0017 - $6,136.52 E. Robie Wayne etal, 1950 Shoreline Dr. 10-117-23 42 0012 - $3,343.44 Oliver Engstrom etal, 1145 Willow Dr. S. 10-117-23 24 0018 _ $2,410.00 Motion, Ayes 4, Nays 0. COUNTY ROAD 15 - SPEED REQUEST* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to direct the Craven request for speed limit reduction to Hennepin County recommending that the appropriate speed survey by the State be undertaken to determine the need for such a speed. Motion, Ayes 4, Nays 0. HAZARDOUS BUILDING PROCEEDINGS* 4635 TONKAVIEW LANE RESOLUTION #2072 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2072 Ordering Abatement of Hazardous Building Action at 4635 Tonkaview Lane, Orono. Motion, Ayes 4, Nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1966 TRUDY KUNKEL - CONFIRMATION OF HIRING* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to confirm the appointment of Trudy Kunkel. as a Police Officer with the City of Orono commencing October 20, 1986 at a salary of $1,646 per month with review in six months. Motion, Ayes 4, Nays 0. PART-TIME LIQUOR STORE EMPLOYEES* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Orono Council concur in the hiring of Connie Manuel as a part-time employee at $5.60 per hour and that Chris Fink be increased in salary from $4.75 to $5.00 per hour effective 10/27/86. Motion, Ayes 4, Nays 0. 1987 STRATEGIC PLANNING* It was moved by Councilmember Frahm, seconded L. Councilmember Adams, that Council accept the draft information on the Strategic Planning Process and table discussion of the item until November 10, 1986. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept City Administrator Bernhardson's Information Report regarding: Fall Cleanup, Work Schedule -Grievance Status, Discrimination Complaint -Minnesota Human Rights Commission, and Welsh Property-DNR Dredging Case. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: -C" ty Attorney Barrett brought up an issue regarding the k.,'_y parking lot which Public Works Coordinator Gerhardson explained. Public Works Coordinator Gerhardson stated that when the parking lot was constructed in 1964 the City purchased some of the property from Mr. Dittrich and signed a 10 year lease on another portion, of which said lease has expired. 7n order to resolve this matter, staff recommends that a survey be completed, showing the area the City wishe_: to retain and the area Dittrich wishes to retain. Staff recommends that the cost of the survey be paid for by the City if Dittrich agrees not to charge the City for the land the City wishes to retain for parking lot use. Attorney Barrett stated that in order to legally resolve this matter, a subdivison was necessary. Councilmember Frahm stated that it should be done properly requiring a subdivision. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 CITY ATTORNEY'S REPORT CONTINUED Mayor Butler felt staff and Council review. that this matter could be handled by not requiring Planning Commission It was moved by Councilmember Frahm, seconded by Mayor Butler, to proceed as a subdivision application with exception to Planning Commission review. Motion, Ayes 4, Nays 0. -Attorney Barrett reported that they have filed an appeal to the Commission of the DNR regarding the Ulrich matter. He stated that the DNR has tried to dissuade him from filing a claim going to hearing in which he advised that they would have to direct their request to the City Council. -City Administrator Bernhardson reported on a case regarding an easement on the Chapman property in which the City is opposing. HIGHWAY 12 CORRIDOR STUDY MEETING City Administrator Bernhardson recommended rescheduling this meeting to November 19, 1986 at 7:30 P.M. due to scheduling conflicts. LICENSES* BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the following license: Art Center of Minnesota - Raffle License Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 10:38 P.M. It was moved by May.:)r Butler, seconded by Councilmember Adams, to adjourn the regular Council meeting at 10:38 P.M. Motion, Ayes 4, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor 17 3 A To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members UJ 4 J� From: Michael P. Gaffr-n, ; Asst Planning & ining Administrator Date: November 7, 1986 Subject: #1094 Dr. Glen and Marilyn C. Nelson, 500 Tonkawa Road Conditional Use Permit (After -the -Fact) and Variance - Public Hearing List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Site Plan Exhibit F - Grading Plan Exhibit G - Drainage Plan Exhibit H - Adjacent Property Owners Acknowledgement Exhibit I - Council Minutes Exhibit J - Staff Letter to Tennis west, 10/13/86 Exhibit K - Braun Engineering Report, 10/16/86 Exhibit L - Memo to Planning Commission, 10/17/86 Exhibit M - Grading Permit, 10/16/86 At Council's direction of October 13, 1986, the Nelsons have submitted an application for the conditional use permit and variance for the tennis court under construction. You will recall that the conditional use permit is required because the grading exceeds 100 cubic yards and exceeds the normal and customary grading for a tennis court. Mr. Nelson stated that the work had been commenced without a grading permit through a mis- understanding. Council -»ggested that, given the impending cold weather and Mr. Nelson's hope to avoid having to tear up the driveway again at some future date to bring in equi-lent, Mr. Nelson could continue the grading work at his own i . pending Council review of the conditional use permit application. Variance For Fence The variance is required for the construction of a 10' high fence in the average 1 akeshore setback area. The tennis court and associated fences and retaining walls sit well below the sight lines of either adjoining residences. Both adjoining neighbors have signed an acknowledgement of the project and have not commented on the project. (Since both neighbors are related to the applicants, we anticipate no objection.) Staff would recommend approval of the variance for 10' high fences and the general construction of retaining walls and clay tennis court in the average setback zone. Zoning File #1094 November 7, 1986 Page 2 of 2 Conditional Use Permit For Grading/Retaining Walls The applicants' contractors have submitted suitable plans for the retaining walls and an analysis of the site by Braun Engineering, and have obtained the required after -the -fact grading permit. Wall construction has commenced. The grading work appears to be only partially completed. No grading has been done in the 0-75' setback area. City Engineer, Glenn Cook, has visited the site and has no problem with the project or the stability of the site, however, he suggests that the base of the silt fence be anchored to prevent any sedimentation that may occur away from the lakeshore. Staff Recommendation: Staff recommends approval of the variance for the 10' high fences and the additional retaining wall construction in the average lakeshore setback zone, and recommends approval for the after -the -fact conditional use permit for the grading work. A resolution will be presented for Council review at the November 24, 1986 meeting if Council chooses to approve this application. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 13, 1986 #1066 CARSON CONTINUED Mr. Derby stated that he fully intends to eliminate the rock beds and replace with grass. It was moved by Councilmember Callahan, seconded by Mayor Butler, to adopt Resolution #2059 amending resolution to read "Applicant must remove all of plastic from existing rock beds to maintain existing 31.06% hardcover". Motion, Ayes 3, Nays 0. #1067 HERBERT T. OLSON 3640 BAYSIDE ROAD VARIANCE RESOLUTION #2060 Mr. & Mrs. Herbert T. Olson were present for this matter. City Administrator Bernhardson explained the request for a side setback variance to construct a kitchen additi- 19.9' fror« the lot line. Councilmember Frahm asked if the the addition could not be placed elsewhere due to the large area of property. Assistant Zoning Administrator Gaffron stated that Planning Commission had asked that same question, however applicant pointed ol-t that the proposed Iocation for the addition is a result of hardships to other locations due to topography, drainage, existing trees, and the 1, - ,ut of the house. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2060 as drafted approving ti+o,.variance. Motion, Ayes 3, Nays 0. 11068 DR. GLEN NELSON 500 TONRAWA ROAD VARIANCE RESOLUTION #2061 Dr. Glen Nelson and his architect Dale Mulfinger were present for this matter. City Administrator Bernhardson explained the request for a variance for temporary guest apartment'use of an addition to the residence. He noted that the apartment may be entered only from outside the house or through the garage area. Due to the layout of the house, an entrance to the apartment from the main house is not PoRsiblo and an outside entrance is required to meet lire code because the apartment is surrounded by concrete walls on three sides. 7 'JTLF, ON THE Rk"GULAR ORONO +_,✓NC1L MEETING HELL OCTOI3J•:Jt 13, 1996 116., SON CONTINUED Councilmember Frahm stated that because of the apparent "attached second dwelling", he recommended that approval be conditioned upon the property maintaining two acre minimum in order to support the two-family dwelling. It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #20E1 amending it as outlined by Councilmember Frahm above. Motion, Ayes 2, Nays 1. Councilmember Callahan voted nay. Tennis Court Issue - City Administrator Bernhardson reported that construction of a tennis court on Mr. Nelson's property was red tagged by the Building Dept. today. He stated that a significant amount of alteration beyond 100 cunic yards was being done which required a conditional use permit from the Council. Dr. Nelson explained the circumstances that led up to construction of the tennis court. He noted that because of the new addition, they decided if they were ever to construct a tennis court, it should be done now before the asphalt for the new driveway is installed. He stated that his architect checked with City staff regarding the requirement:; and apparently misunderstood the need for a grading permit, although he was aware that there were additional requirements to be met for the tennis court fence. He stated that they intend to meet all requirements necessary however the time limit involved is a major issue. Assistant Zoning Administrator Gaffron explained the slope and retaining wall area. He noted that they propose a 10' fence whP-eas only a 3-1/2' fence is allowed and that although it was not within the 75' lakeshore setback, it did not meet the average lakeshore setback, however this would not affect the adjacent n,:ighbors because it was not within their view. He stated that he talked to the tennis court contractor the previous week and indicated that staff would grant him a grading permit on the staff review basis subject to s, itting a reasonable grading plan and then proceed r: applying for a variance for the fence, however the ng being done was more extensive than indicated by t contractor. Attorney Barrett stated that for a conditional use permit, the Council has the authority to waive referral of the application to the Planning C:ommi-lion. MINUTES OF THI, RI,GUId1R ORONO COUNCII. MEI•:T1NG IIELD OCTOBER 13, 1986 Q1068 NELSON CONTINUED Counci lmember Frahm stated t,,cit the retaining wall should be completes] immediately for erosion control and he felt the conditional use permit should be treated as after -the -fact. #1069 JIM WILLIAMS 2725 ETHEL AVENUE VARIANCE RESOLUTION #2062 City Administrator Bernhardson recommended that the .:etaining wall work be completed and finish the final grading at Mr. Nelson's risk pending the outcome of the review. The Planning Commission will informally review the matter at its October 20th meeting and a notice of public hearing will be published for the November loth Council meeti^g. In addition, this matter will be treated as an ter -the -fact variance. Council concurred with City Administrator Bernhardson's recommendation and informed Mr. Nelson that his contractor and architect should meet with Building Inspector Jacobs immediately to discuss the retaining wall. Mr. Williams' son-in-law was present for this matter. City Administrator Bernhardson explained the request for a side setback variance to 5.2' to construct a 2nd story addition. Additionally, the original request included a hardcover variance, however Planning Commission recommended that the maximum hardcover on the property be no greater than the pre-existing 36.4% finding that the hardcover variance is justified by the need for an easier garage access. It was moved by Councilmc --,r Callahan, seconded by Mayor Butler, to adopt Resojution #2062 qranting the variances as drafted. Motion, Ayes 3, Nays 0. #1072 FRED WINSTON 755 SPRING HILL ROAD VARIANCE/CONDITIONAL USE PERMIT RESOLUTION #2063 Eleanor Winston was present for this matter. City Administrator Bernhardson explained the request for a property line setback variance to construct an addition to the barn which is currently located approximately 39' from the existing lot line. He stated that the applicant intends to purchase the parcel to the west from Mr. Crosby and the only affected neighbor, Mr. Wildman, has submitt--d a letter of concurrance. fie 0 • :`• CI�`Y� OR GENERAL LAND USE APPLICATION ------------------------------------------------------------- PROPERTY LOCATION Site Address 500 TONKAWA ROAD, LONG LAKE, M14. 55356 Property Identification Number ( P. I . D. ) Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to ap* - ' c-Ation if not included on required survey. -------------------------------------------- -------•-------------------- APPLICANT Name Dr. Glen and Marilyn C. Nelson Phone 473 0333 Mailing Address 500 Tonkawa Road, i•nng Lake, MN 55356 OWNER Name same ehune Mailing Address _ Date Property Acquired 1971 (month/year) I (%WY-�(do not) also own the adjacent parcels of land. ---------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use X $200.00 f) Land Alteration $200.00 ( after -fact )X Grading and filling - 101 cu. yd. or mc,_ Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-32 471) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information suppliis true and correct to the best of his/her e,� knowledge. /_ , 11 Applicant's signature JV�/ Date /0�1 7 %G OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission embers, and Council members for purposes of investigation and ver�fcation o€/th,s request. Owner's signature / y Z2 Date /J? Z 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. NIN '1- 41 �-- �64� CNJ IT, Q. 14, Z w :;z -i -ft uj i 'flu PUN DATE 08/11/86 r BATCH 010 38 05-117-23 32 0002 PROP ADDR 00460 TONKAWA RD C,ZNER NAME EDWIN C GAGE ETAL TAXPAYER GAGE EDWIN C NAME/A^OR 12715 B STATE HWY 55 MPLS ON 55441 38 05-117-23 32 0005 PPCP ADDR 00520 TONKAWA RD 0:.T7ER NAME PREMIUM SERVICE CORP TAXPAYER CARLSON COMPANIES INC �► NAME/ADDR 12755 HWY 55 % TAX DEPT MPLS MN 55441 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 3, -03 00500 TONKAWA RD GLEN D NELSON ETAL DR GLEN 0 NELSON 500 TONKAWA RD LONG LAKE MN 55356 38 05-117-23 32 0006 CURTIS L CARLSON CURTIS L CARLSON 550 TOWAWA RD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 23 38 05-117-23 32 0004 00550 TONKAWA RD CURTIS L CARLSON CURTIS L CARLSON 550 TONKAWA RD LONG LAKE MN 55356 TOTAL BATCH 010 00005 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATIL AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PRO ERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE BY IL&:::� ' r- I Z15 EL Ey� 9.3 0 A' NUAL F`UL'r, - LEGAL DESCR/PTJ NELSON residence gustafson design low CONS?RLWT%Qw/ RDAO t / rFw.vLs .�.. % i QMa�oev;�Rwo loll � / • . �- Ica.=� � • �-- -- --- I� . , J \\ O i / / � ?" / �� / •mil ` / GRADING PLAN a \, �� _ �a4, •awcc sa *L.act NO a.uwo•w«1tNT cN s / 7t' �it1 MCL A" fAlkate PWLGPA asoRaaso at arLw«ro rWOW1. i �fu `-� NELSON residence gustaf son design Non lNWNt4 fj loll lop / /DRAINAGE PLAN r - - _ _ t ALL WommiL wwmiL Wwu4S 9 C IA&,t I \ OasotWwr N►M/r mtultr ` ! 040 nW«r NOti W"b,% AMo COYLt r 1 l 'o � CJrtt� iYM Wtw wM Q+ a"J" A LAM —A �ww�sww• .v......... w,n ►09T. I i 10 - NELSON residence gustafson design Adjacent Property Owners' Acknowledgement Form I (we) have reviewed the plans for the proposed improvement or proposed use of the prop, rty located at 5' fl btikaLg, 2A also referred to as Land Use Application No. (I. (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the pro- posed neighbor's project or use requires City Council approval. l Prop rty Owner Date i ` 4t�� " " ( _1/ Piopert Owner /O /,.;)1 /6C Dat If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. CITY of ORONO rust Office Box 66*Crystal Bay, Minnesota 5532:1 e Municipul Offices On the North Shore of Lake Minnetonka October 13, 1986 Tennis West 5801 Baker Road Minnetonka, MN 55345 Re: Tennis Court, 500 Tonkawa Road Dear Sirs: We are in receipt of your site plan and grading plans for a prc sed tennis court at 500 Tonkawa Road. We find that the magnitude of .pork proposed exceeds that which staff is authorized to approve without a conditional use permit review by the Planning Commission and City Council. On 10/3/86, we received your application for a tennis court permit. On 10/7/86, our field inspector, Lyle Oman, noted that major grading work had been done at the site of the tennis court, and he issued a Stop Work Order. My letter of 10/7/86 noted to you that a variance was required for the tennis court fencing above 3 h' high, and I requested a detailed set of plans for your site grading and retaining wall work proposed. You provided this information and applied for a grading permit, as we had discussed on 10/10/86. Zoning Administrator, Jeanne Mabusth, and I viewed the site on 10/10/86 and determined that the grading wo-A already completed and yet to complete, including the retainin; falls up to 12' high and grading/fill far in excess of 100 cubic yards and on a lakeshore slope of 12-16%, all exceeds the normal and customary sit- work associated with a tennis court and requires a conditional use permit review. All work on the tennis court site must cease immediately I note that silt fence is in place on the site and must be maintained on the site to prevent silt or sediment from entering the lake. I am enclosing the application form for the conditional use permit for the grading and retaining walls. You must file application for conditional use permit by 10/24/86 in order to be placed on the November 17th Planning Commission agenda for a public hearing. The earliest possible final Council approval date would be December 8, 1986. BUILDING& ZONING 473.7357 • ADMINIs'rRAT1ON A HNANUl" - 473 7358 • PUBLIC WORKS - 473-7359 ASSESSING Tennis West Tennis Court @ 500 Torkawa Road October 13, 1986 Page 2 of 2 This conditional use permit is an after -the -fact application and will require a double application fee. I understand that the timing of this required review is inconvenient given the onset of frozen ground conditions, however, these matters should have been dealt with early or. in yor - planning rather than after the fact. Please contact me or Jeanne busth at 473-7357 if you have questions. Sincerely, ✓�G-• E`er �� Michael P. Gaffron, Asst Planning & Zoning Administrator MPG/tln cc: Dr. Glen Nelson Cale Gu6tafsor Jeanne A. Ma*.� ,:.h, Zoning Administrator Lyle Oman, Field Inspector omas J. Jacobs, Building Official ENGINEERING TESTING MINNESOTA: Minneapolis. Hibbing. St. Cloud, Rochester, St. Paul AHdialeA OlhCes NORTH DAKOTA: Bismarck, Williston; MONTANA: Billings October 16, 1986 Tennis West, Ltd. Attn: Mr. Ray Finlej 5801 Baker Road Minnetonka, MN 55343 Servlres Since 1957 J S RRAUN P E G 0 KI IIE MIKE ^ E PH ANDERSON [,ALE H ALLEN PE C G OUSE. P E JAMES J CRAIG. J, P E OR HAUSLER PE Reply To: P.O. Box 35108 Mpls., MN 55435 (612) 941-5600 RE: SF-681 RETAINING WALL EVALUATION The Glen Nelson Residence 500 Tonkawa Road Long Lz.ke, Minnesota Gentlemen: As requested, we have recently completed a is evaluation for the timber retaining wall _ -oposed at the abc,✓e site. The pur- pose of our evaluation wa to provide a prof:ssional opinion on the suitability of the wall and anchorage system to carry the r,timated soil loads. PROPOSED CONSTRU(7"10N Detailed drawings ind cross sections of the proposed wall were not. provided to us for our analysis. We were, however, given a verbal description of the wall. The proposed walls are t.o be built a.ound thre'a sides of a tennis court. On the short side ` the court, the lower wall is to -ade from about 2 feet in t to 6 feet. On the long side of .e ourt, the wall hP:.g:,. .;ill be about 6 feet. Behind the wall, a fiat area will b_ --i,,ed ^h will serve as a walking path and deck area at cour� s�_e. A second wall will be constructed behind the lower wall in a tier fashior This wall will range from 2 to 6 feet in height. Above CONSULTING ENGINEERS / SOILS AND MATERIALS _ Alhtleled ..on .)any for Chernlcal 6 Environmental Testing and Consulting — Sr- InEnvironmental Laboratories, Inc 86-681 Tennis West, Ltd. -2- October 16, 1986 this wall, the natural ground G 1� upward from the wall at an estimated angle of 2:1 (hori4 L.vertical). The wall is to be constructed using 5 by 6-inch pressure treated timbers. Approximately 2 1/2 timbers will be buried below grade to provide sliding resistance for the toe. The anchor `;stem is to be constructed using timbers ranging from 6 to 8 feet in length. The cross members are proposed to be 8 feet in length. The anchor ties will be placed on f fe ^^ters with each anchor system retaining about 16 lineal feet (-. A single soil sample representing the proposed backfill and the natural bank soil was provided to us. The sample consisted (.: fine-grained sandy lean clay to clayey sand with some gravel. The sample was dry. For purposes of this evaluat— a, we have assumed the predominant soil will be the sandy lean clay. ANALYSIS AND RECOMMENDATIONS We initially evaluated the "active" zone behind the wall using a long-term internal friction angle of the backfill of 20 degrees. For design purposes, all anchors should extend behind this theoretical plane. For the lower wall, this plane intersects the surface at a distanc-_ of about 5 feet behind the wall or within 1 foot of the upper wall. Because of this and the wall con- figuration, we recommend that the distance between the walls be increased to at least 8 feet. In review of the ancnorage sysLem proposed for the lower wall, our calculations indicate that the resistance generated by the anchors as compared to the force of the soil_ on the wall will provide for a factor of safety of at least 2.0 if only the soil characteristics are taken into account. It should be noted that this analysis aid not taken into account the structural capacity of the retaining wall. Thus, the factor of safety may be slightly greater than we calculated. Therefore, the proposed anchorage system should be adequate to resist the forces exerted on the wall. However, given e limited embedment (6 to 8 feet) of the anchors beyone the "active" zone, it would be necessary that the wall resist a por- tion of the soil load instead of having the anchors resist the forces. To increase th;- amount of passive pressure generated, thus reducing the soil load on the wall, we recommend that the anchorF- be extended such that the top two anchors extend at least 10 feet behind the wall. The lower anchor should then be a minimum of 5 feet long. These lengths assume the anchor configuration as shown in the attached sketch. If more tiebacks are used, thy, length can be rPauced to 8-foot lengths. Our ,.,BRA uo 86-681 Tennis West, Ltd. -3- October 16, 1986 calculations indicate the 8-foot cross memb:r length can remain as proposed. In general, the upper wall, with the sloped backfill (assumed to be a 2:1 slope), will exhibit a factor of safety of about 2.0 as proposed. The active zone for this wall will intercept the hori- zontal plane at the top of the wall at 5 feet behind the wall or about 9 feet behind the wall on the slope. Again, the proposed anchors should extend behind this zone, but in order to reduce the amount of load exerted on the wall, we recommend the anchor length: be increased. As discussed previously, the upper two anchors should be increased to an embedment depth of 10 feet with the lower anchor at least 5 feet in length. As needed, addi- tional anchors should be at least 8 feet long. With the above modifications, it is our opinion that the factor of safety assuming soil- factors only will be at or above 2.0 which is the recommended minimum for a timber wall backfilled with cohesive soil. A_cached with this report is a sketch showing the configuration on which our analysis was conducted. Although our calculations indicate the wall can be safely constructed with the proposed soils, there are some risks in using clay material as backfill behind the retaining wall. Normally, it is recommended that the backfill be clean sand having less than 10% passing the #200 sieve. The purpose this is to provide a free -draining material behind the wall to prevent hydrostatic build-up against the walls. It should be noted that hydrostatic build-up was not included in our design analysis. Also, the use of a free -draining sand reduces the potential for frost related problems with the wall. As the upper wall is constructed, we recommend that, if feasi:'_e, the face of the cut be benched at various intervals to tie in the fill with the slope material. The backfilling operation must be carefully monitored. The fill should be placed in thin lifts and compacted to eliminate the potential for voids to exist within the backfill. GENERAL The analysis conducted was based on the assumption that the back - fill soils are predominantly clay. It is recommended that we be retained to observe the exposed natural soils and the filling operation to evaluate the actual soil characterist:.ics. We were not asked to evaluate the entire slope, only the stabi- lity of the walls. If the entire slope has noz been evaluated 86-681 Tennis West, Ltd. -4- October 16, 1986 for stability, we recommend that consideration be given to having a slope stability analysis conducted. As indicated previously, we have not evaluated the structural adequacy of any part of the walls. Services performed by the geotechnical engineers for this project have been conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No warranty, expressed or implied, is made. If you should have any questions regarding this information, please contact us at your convenience. Very truly yours, BRAUN ENGINEERING TESTING, TNC. 'M '� ael M. euer, P. Se ' <r Engineer Rj,,]( A. u er, P.E. Senior Engineer MMH/RAH:gec The content c.l tMt report and supporting documpnts ere :or the etc lustve use of the adnre,"o M the ahsen<e Of our pnor wntlen aPProral tte make no tepresentaNm and asfume no responsrhility to any other parltet teyartlmq such contenl WALL CON F/Gu4' AT:'4��V z-v.AL u c ,9 r E o -- U/ / N.- --------- r ,---- ---- - re,2,vr V/`-�.�, ACTIVE zoNE ---- /--'.O.LLM IN) ---. — . .. Sri _�M IN - JURAH11'" � 6 - 6u 1 leer;r,4 1,VIN6 Wart EL'/ 1-0.477.--✓ TNC GLEN / erz SCM/ ��'SiR.?GrNGC SD 6 / o�v&.9w,4 LONG L fl Ke , /1) Date: R"s d ' Ur awn. ' Scale: .Z"= 6„ To: Orono Planning Conmission Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 17, 1986 Subject: Information Item - 500`1'onkawa Road The tennis court contractor for Dr. Glen Nelson, at 500 Tonkawa Road, commenced grading wc:-k without permits. Staff's review of the site indicates that a conditional use permit review is necessary for the extensive grading work and retaining walls proposed. Mr. Nelson appeal d at the Council meeting on 10/13/86 for his guest apartment variance and was approved, then he requested some relief regarding the tennis court project which staff had stopped. Council directed staff to allow Mr. Nelson to complete the retaining walls and to finish the grading work at his own risk subject to an after -the -fact conditional use permit application and review. (The review process would have stalled the completion of the grading and walls until spring, leaving an unsupported, unsafe excavation over the winter.) This will be scheduled for an after -the -fact conditional use permit review at the Novembernnng-C-omnrission / li _I'l— C a)"4v c c L Vkt p `�-r u�+ C(Zg,S3 J, oN /o-7-?& V 0 GE�1 $AL PERMIT bF ORONO V,j P.O. BOX 66 CRYSTAL BAY, MINNESOTA 55323 (612) 473-7357 Owner Akso n Contractor-1;-WAIl 5 VJ E ST City License No. CITY PERMI"T lr? 8735 Date _ A2 —16 - 81L Address SDO 7 n ZtAwf} Address 5201 BArFe e & Tf<-,4 City REMARKS AND SPECIAL CONDI[TIONS Q LL Wor K 1 S Sub l A T?) 4C ��n � �6 r>a US""�� 151Eltha A1JVf',6t1FD lMNl CzuiAr^ r (` — Le wr -Ae -Fo r- MA I/ L.o�Taye_kjC.-t" WALL PERMIT TYPE AND FEE - Inside Plumbing (#fixtures ) Water Meter (Size ) Meter # Remote # Municipal Water Connection ❑ Copper ❑ Municipal Sewer Connection O PVC ❑ Cast ❑ _ MWCC SAC Charge On Site Spetic System ACKNOWLEDGEMENT Fee $ Fee $ Fee $ Fee $ Fee $ Fee $ The undersigned hereby acknowledges receipt of this limited permit. including acceptance of all special information, term,, conditions o, requirements written above. The undersigned understands and agrees under penalty of taw that this permit is strictly limited in scope to the work. activity or improvement spectrred; that this permit does not grant any authority to do work or acti cities requiring separate permit approvals, and permit that this does not grant authority to violate any provision ofany City ordinance or State law, rule or regulation All work shall he done in strict compliance with dl City ordinances, building codes and/or health department regulations. and shall he subject to inspection, approval or refection by the City. Whenever so ordered, The undersigned agrees to o ct any work nd ttf be in violation of the conditions of this permit IG.0 10-16 Water Well Mechanical Equipment Fireplace/Wood Stove Moving/Lifting Buildings Land Alteration (Excavation, Grading, Filling, etc,) Design Review Fire Sprinkler System (Fire) Other. After -the -fact Investigation TOTAL State Surcharge: Total Amount Paid to City rrf The— Csritir O�EL rrl rid Fee $ Fee S Fee $ Fee S Fee $ _5-0.0 6 Fee $ Fee S Fee $ Fee $ Fee $ S47 Fee $ 5-0 � Fee $ lea . J This permit is not valid until the proper fee is paid and it is approved by an authorized City Official. City of ORONU q RESOLUTION OF THE CITY COUNCIL..,,: NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.61, SUBDIVISION 3 (A) & (D), ORDINANCE 13, SECOND SERIES FILE #1000 & 1009 WHEREAS, William Wear (hereinafter "the applicant") is the owner of the property 'located at 2160 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: Section 34, Township 118, Range 23; Commencing at a point in Northerly line of State Highway No. 12 distance 149.05 feet Easterly as measured along said Northerly line from West line of East h of Northwest 1/4 thence North 2 degrees, 41 minutes, 23 seconds East distance of 334.52 feet; thence South 87 degrees, 18 minutes, 37 seconds East distance 200 feet; thence South 2 degrees, 41 minutes, 23 seconds West to Northerly line of said highway; thence Westerly along said Northerly line to beginning (P.I.D.: 34-118-23 21 0002), (hereinafter "the property"'; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.61, Subdivision 3 (A) & (D) and Ordinance 13, Second Series seeking approval of a staged comprehensive signage plan prior to the completion of the Highway 12 Planning Study requiring modifications in existing signage, allowing the installation of a second, independent pylon and limiting building signage at 288 s.f. (12 tenants each allowed a 2'xl2' location sign), this signage plan requires the following variances to the B-1 Commercial Zoning District standards: Ordinance 10.61, Subdivision 3 (A) - Allowed Area For Signage Allowed = 200 s.f. Proposed = 573 s.f. Total Signage Area Proposed Variance = 373 s.f. or 187 % Ordinance 10.61, Subdivision 3 (D) - Allowed Height For Signage Allowed = 22 feet Proposed = 26 feet Variance = 4 feet or 18% Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL FINDINGS 1. These applications have been reviewed as Zoning Files #1000 & 1009. 2. The property is located in the B-1 Commercial Zoning District. 3. The Orono Planning Commission reviewed application #1000 on December 16, 1985 and application #1009 on February 18, 1966, and recommended approval of the multiple variances sought by the applicant based upon the following findings: A) The location, height and size of the directory sign will not impair sighting at the accesses to the shopping center and poses no hazard to the safety of the general public. B) The applicable B-1 zoning L-andards are not compatible with existing shopping center use. C) The specific design of the structure with elongated sides and minimal building area facing the street is unique to this property requiring special signage. D) The highway is curved aline, the street frontage of the property and the two curb cuts at the extreme edges of the property create special signage needs. E) The majority of tenants have direct accesses from building and not via an interior mall requiring special signage needs. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spiritand intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 City of ORONO RESOLUTION Or , HE CITY COUNCIL f NO. ``cam.... CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.61, Subdivision 3 (A) & (D) and Ordinance 13, Second Series seeking area and height variances and a variance to the temporary limited development ordinance subject to th following conditions: 1. The City Council hereby approves a staged comprehensive signage plan for the property: A) Total Signage Area: Building Signage (12 x 24 s.f.) = 288 s.f. Pylon Plaques (12 x 18.75 s.f.) = 225 s.f. Logo Area (5' x 7.51) 37.5 s.f. Time/Temperature Area (3' x 7.51) = 22.5 s.f. TOTAL SIGNAGE AREA 573 s.f. B) The property is limited to two 26 feet high pylons desc►-ibed as the west "Logo" pylon and the east -ne/Temperature" pylon, the areas of each pylon are mated as follows: i st Logo Pylon 5 !es (2.5' x 7.5' = 18.75 s.f. x 6) = 112.5 s.f. Sign (5' x 7.51) = 37.5 s.f. TOTAL SIGNAGE AREA = 150 s.f. 2. East Time/Temperature Pylon 6 Plaques (2.5' x 7.5' = 18.75 s.f. x 6) = 112.5 s.f. 1 Time/Temperature (3' x 7.5') = 22.5 s.f. TOTAL SIGNAGE AREA = 135 s.f. 2. The existing west "Logo" pylon must be altered to itieet approved 26 _oot height by May 10, 1987. The east and west -pylon must be identica ind constructed of similar material. Building permits are regL_ied for the installation of the eaot pylon -nd proposed modifications of west pylon. Each tenant shall be allowed one plaque area space but in no case shall any one tenant be allowed to exceed 37.5 s.f. of single signage or the combined area of two approved plaque signs on each pylon. 3. Building signage must reflect current tenant's name or logo. Building signage must be brought into conformance by May 31, 1989. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. All additizn signs in front island or landscape area are to be removed. The ise of temporary pe--able sir ­ is discouraged until the final code and comprehensive plan antra.idments have been completed. The use of temporary signs is limited to 3 to 5 day periods and requires a permit from the City. 5. The City Council places the owner on notice that he (she) is solely responsible for the mainte,.ance and implementation of this staged signage plan and that violation of or n-. -compliance with at:y of the terr, and condition. of this resolution shall constitute a violation of the zonii.j code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. Authorities granted by these variances run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (November 10, 1987). 7. The undersigned applican) has read, understood and hereby agrees to the terms of this resolution and on behalf of W elf, his heirs, successors and assigns, hereby agrees to the rF ding of this resolution in the chain of title of the • -operty. Adopted by the Orono City Council on this loth day of November, 1986. ATTEST: Dcro"hy M. Hallin, City Cl, k Mary C. Butler, Property Owner(s) Mayor Page 4 of 5 i To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members � ' �- From: Jeanne A. Mabustr Toning Administratc- Date : Novemf ,rr 7, 1986 subject: #1026 M. Hilbelink & J. Vogt, 160 Old Crystal Bay Road - Final Subdivision - Resolution The s�bdividel.. have fulfilled all conditions of preliminary. subLivision approval per Resolution #2035, staff recommends final approval of the Peterman I.ddition subject to the findings and conditions set foLth in the enclosed resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOL,7^ION APPROVING THE PLAT OF PETERMAN ADDITION FILE NO. 1026 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of that State of Minnesota; and WHEREAS, the City Counci 1 of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City;'and WHEREAS, the ' t.v Council ::as - sidered the application for a subdivision by Mic. tel J. Hilhel.j..:k and John E. Vog* the subdividers; and WHEREAS, the subdivision has been found to mE _ _11 standards of the RR-lB Rural Residential Zoning District finding that each lot is of a -:s ze and conf 4guration that will allow its use as a single fam.4'"es nce to be fully developed without the need of any variances .BAS, the subdividers nave completed all requirements of the platt.i.nu regulations of the City, including: 1. completion of all the -equiremr fits of Resolution No. 2035. 2. Dedication on the plat of draina Te and utility ens e ,ts. 3. Dedication on the plat of right: -of -way for public roads shown as Watertown Road anti Old Crystal Bay Road. 4. Creation of a new pr* _k-e road shown on the plat as Outlot A. 5. Concurren with the creLtion of this pri%�te road, t Subdividers h,ve dedicated to the City a Road and Utili`:�.. casement granting to the City permanent access, improveme: : and utility easements over said Outlot; the Subdivider has c-catfd non-exclusive ingress, egress, dfLnin,ge and utility easements :fiver said Outlot in o vor of all abutting F• "or benefiting lots including a declaration of certain mainte-_ar,•..e covenants wherein each of the abutting ar;�/or benefiting lot owners covenan:.s and e.gre-2,s to permanently maintain and pay the cost of maintenance for said private road. Pa k? of a City of OR.ONO 'IESOLUTION OF THE CITY COUNCIL NO. Hof . i'®i ►�"r'o` 6. Payment to the City of Park Dedication Fee in the amount of $200.00. 7. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $150.00. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves t1le plat of Peterman Addition, Hennepin County, Minnesota; subject to t'e following conditions: 1. The City Council finds c'iiat after careful review of existing development and lot densities within the surrounding area that the subdividers need not grant easements for future access at this time. Access tc Lots 2 and 3, Block 1, Peterman Ad6. ' ion shall be via the private road, Outlot A and lots creatt.,1 by future subdivisions s'.iall also he served by a future private road within said Outlo•: A. 2. Subdividers arc- placed on notice that the private road installed within the right-of-way of Outlot A, Peterman Addition, shall serve as access for all lots created by the future subdivision of Lot 2, Hal.ison Estates located to the immediate east of said Outlot. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before May 10, 1987, together with a certified iginal copy of this Resolution and executed copies f the covenants and easements noted above. The approval granted by this Resolution shall expire if the plat 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 re ew. Dated this loth day of Nov -�r, 1.986, ATTEST: City Clerk Mayor Page 2 of ►I„�I rA line dmr,- perKndi'�SSular fe the g west line of the SWPI of tAe E k of See ), T.118, AS 'zl•E (-I&rfh line of the 604 of Me SE'/+ of Sec. 33, T.118, R.23 c r , _ —�s�se — - 860> Io a`—see•s�a3.E _ = So2.- — 4 f'a,rUt�lity and drainage easements' _ Ilk cn I� 2 Q,.So_o�� N 441-67 - ' 470708.7e ") 9A9'3!'Zb"E - - — - 1502. so. Rad,T - cn 2A line dlwn r adicolar to the west line of the gWY 1 I I 10G of Me SE 4 o Sec. 33, T.1/6, R. 23 — N � 452. 59Zn Ci '�WLiy .�d dnurlt 1- I castmenis+� s.. J un W I I !n o N I o J �Zn I I M W z z o S � lV OM1 an 1 S I I 0 II W C14.87 (26.78 Rods)Cw I, l'-W,144 and im-noye I g 10 ♦S2.G2 p � tAwat MOT of the W'11 of the SF �Jo — r -- — -- - - --- -- — -- - - � � �f�naHn wn-"1 Mmmpntl Set ii r 3i�00-:::. T WA7ERMWN 2.G2 N 59.4 " pOAO '�93.00 --- _ — -- - -- 00 04.90 -502.E►Z NAr59.47lw - - --- — —�5ouM hat. of Iht 5W �i► of Me 5114 of S<c. 33, rne, ft. z3 6-0 To: Mayor Butler Mark E. Bernhardson, City Administrator t t� Orono Council Members' From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: November 4, 1986 Subject: #1060 J.F. Fleischhacker, 2775 Shadywood Road - Variance - Resolution List of Exhibits Exhibit A - Memo and Exhibits of 10/15/86 Exhibit B - Planning Commission Minutes of 10/20/86 Exhibit C - Resolution This is a request to construct a deck partially within the 0-75' lakeshore setback area. Applicant originally proposed a deck with a 20' encroachment in the 0-75', 10' encroa^hment into the average lakeshore setback, and a total 0-75' hardcover of 3.7%. The Planning Commission reviewed this in August and requested that applicant scale down his proposal. Applicant revised his plans as follows: 0-75' Setback Encroachment: 9.5' Average Setback Encroachment: None 0-75' Hardcover: 2.4% Total 75-250' Hardcover (existing 38.1%): 38.2% Total Planning Commission voted 4-0 to recomr!end approval of the r--vised proposal at their October 20th meet-nq. Rock beds in the amount of 836 s.f. in the 75-250' zone are underlain by plastic sheeting. Planning Commission did not recommend that this be removed, hence the 38.2% hardcover figure includes the rock beds. Removal of the plastic would leave 33.1% hardcover in the 75-250' zone. A resolution reflectinq the Planning Commission recommendation is attached for your review. .� City of ORONO r RESOLUTION OF THE CITY COUNCIL NO.— - A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1 & 2 AND 10.55, SUBDIVISION 8 FILE #1060 WHEREAS, J. F. Fleischhacker (hereinafter "the applicant") is the owner of the property located at 2775 Shadywood Roa,9 within the City of Orono (hereinafter "City") and 'Legally described -.is follows: Tracts E and F and Tract G etcept the Northeasterly 7 feet thereof, Registered Land Survey No. 358, Files of Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8 to permit the construction of a deck and stairway within the 0-75' lakeshore yard, constituting structure and 2.4% hardcover in the 0-75' lakeshore yard where no structure and hardcover is normally allowed, and constituting 38.2% hardcover in the 75-250' lakeshore setback zone, in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1060. 2. The property is located in the LR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 18 and October 20, 1986, and recommended approval 'of the proposed variance based upon the following findings: A) The applicant revised his original proposal downward to reduce the proposed degree of encroachment into the 0-75' setback zone from 20' to 9.5', eliminating the need for an average setback variance, requiring only a 0.1% increase in 75-250' hardco-er, and scaling down from originally proposed 3.7% hardcover to 2.4% hardcover in 'ne 0-75' setback zone. Page 1 of 4 r`. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. r B) The applicant's stated hardship is that there is no quick access to the beach from the upper level of the house without an outside stairway. The stairw._; proposed provides such an access without blocking the views from existing picture windows. C) The concrete patio existing under the deck and stairway area is proposed to be removed except for a walkway. The applicant proposes to use very narrow spacing between the deck boards for safety purposes. The deck and stairway are at a second -story level. The deck and sr3irway should be considered as hardcover. D) The deck and stairway will be partially screened from the lake by existing shrubbery. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. . The City Council finds that the conditions existing on this rroperty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal zoning Code Section 10.22, ubdivision 1 and 2 and Section 10.55, Subdivision 8 to permit the construction of a deck and stairway constituting 2.4% hardcover in the 0-75' a keshore setback zone, constituting 38.2% hardcover in the 75- 250' lakeshore setback zone, constituting a 9.5' structural encroach- ment into the 0-75' setback requirement, subject to the following conditions: Page 2 of 4 City of ORON RESOLUTION OF THE CITY COUNCIL NO. ----- ic -"' �'M'aximum allowed hardcover on the property shall be as follows: 0-75' Setback Zone: 177 s.f. (2.4%) (consisting of deck, stairway, and patio block) 75-250' Setback Zone: 6,275 s.f. (38.2%) consisting of the following: Hou--e 2,080 s.f. Sidt..;alk 120 s.f. Blacktop Driveway 2,797 s.f. Rock Beds w/Plastic 836 s.f. Patio, Deck, Stairway 442 s.f. 6,275 s.f. The applicant is advised that any further proposals resulting in an increase of hardcover will not be approved, and might be approved only with concurrent removals of existing hardcover resulting in no net increase in hardcover on the property. 2. The maximum allowed encroachment toward the lake is 9.5 feet as proposed. 3. Authorities granted by th. variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 10, 1987). 4. Violation of or non-compliance with any of the terms a , conditions of this variance shall constitute a violation of the zoning code, shall automatic- y terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth day of November, 1986. ATTEST: Dorothy M. Hallin, City Cle,x Itary C. Butler, Mayor Property Owner(s) Page 3 of 4 Chairman Ke] ley read Mr. Glover's letter into the record. There were no other comments from the public and the public hearing was closed. Mr. Klint asked if the Planning Commission could recommend approval contingent upon a]1 problems being solved before the Council meeting. Chairman Kelley stated that the Planning Commission would have to review the after -the -fact conditional use permit for the stairs. It was moved by Chairman Kelley, seconded by Goetten, to table this matter until the November 17th meeting for the following reasons: 1) illegal docks serving Barr & Bernier properties iro to be removed and not replaced next year until lat is finalyzed and building permits issued for cock structures. 2) land alteration within 75 feet of lakeshcre on Klint property must be regraded and sodded prior to the Council meeting of November loth. 3) illegal access stairs & retaining walls may be resolved as follows: a) file -ter-the-fact applications with the City by October 24, 1986 deadline for November 17th Planning Commission meeting, or b) apply for building permit to remove or alter existing structures to bring into conformance with standards for access stairs on steep banks. Motion, Ayes 4, Nays 0. #1060 J.P. FLEISCF'7ACKER 2775 SHADYWOOD ROAD VARIANCE - SECOND REVIEW Assistant Zoning Administrator Gaffron explained the revised proposal substantially reducing the magnitude of encroachment into the 75' zone for construction of a deck. Goetten commended Mr. Fleischhacker for his hard work and consideration in submitting an alternate plan. It was moved :-)y Goetten, seconded by McDonald, to recommend approval per staff recommendation noting that Planning Commission was not Concerned about the 1/4" deck board spacing because most of the deck is over a con�.;rete surface and the entire deck has been included in the hardcover calcualtions. Motion, byes 4, Nays 0. #1062 INGEBORG CICI 875 WAYZATA BOULEVARD COK-DYTIONAL USE PERMIT/ 5 To: Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Admir—str-'-or Date: October 15, 1986 Subject: #1060 J.F. Fleischhacker, 2775 S:ladywood Road - Variance - Second Review Additional Exhibits - Revised Deck Plan - Revised Deck Plan With Staff Notations - Letter of Explanation Discussion: Mr. Fleischh�.�ker has revised his deck plans as directed by the Planning Commission at your August 18th meeting. 75' Setback Encroachment Avg. Setback Encroachment 0-75' Existing Hardcover 0-75' Proposed 75-250' Existing (6,253 75-250' Proposed Original Proposal 2 0 ' 10' (10 s.f. or 0.1%) 276 s.f. (3.7%) s.f. or 38.1%) J,268 s.f. (38.1%) Revised Proposal 9.5' 0' 177 s.f. (2.4%) 6,275 s.f. (38.2%) As you can se,.: from the numbers and the drawing provided, the magnitude of encroachment into the 75' zone has been reduced substantially. The wide dash line shows the original proposal. (Note that staff's numbers reflect the 75' setback line a little bit nearer the house than the applicant's representation, based on the survey.) Staff Recommendation: The hardcover numbers include all of the decking, hence if a varia:.:e is granted for the revised proposal, staff recommends that the variance include the decks as hardcover. Mr. Fleischhacker expressed a concern about the Y" spacing r-`' ted to walking on it with spike high heels. Staff suggests .o reduce t spacing to 1/4" but use more,narrower boards to maintain the maximum 12:1 board -to -space ratio, i.e. use 3" boards will"' 1/4" spacing, or 2" boards with 1/6" spacing (if a variance is granted f the hardcover, then the spacing won't be a fact•.c r - especially since mos, of the deck is over concrete patio anyway). If Planning Commission feels that the revised deck proposal is justified given the facts presented, then a recommendation for approval would be in order, :Waking findings supportive of the recommendation. // , /`i/• 2 - 7r ck ! �k�;�-�- •'ice \ - - - i 1, -1- r sue. _ 4 i v I i t - ORi«NAL PrtoAnJgL p i '•, •_-- � -��.; �;.'/ _ tom- _ _ `t %� � �:�,s� �(Lo Posh-! � � -►� s_ r�>= �uo� � Da. t� -- Otto b e- r //, / 9 f-g- SU6 /G� QgvPS C TOIL Value/GtKce0.f 7 7S' J % t�o�Y w000( Ra, a vv ke� v �s f wR s V eJ e�i�e� d-t tie IQv�vst /Bth h e-e7`14 we Aave beep e ar+�ir�i,.� VaVrvuS e- h ekwex-c The 'PA9 h va r� �c f io ti w`i �C Li urea✓S m asf /oVa i ca Yee ees ZI L, Q I cYOac k"eo •c'6 LtrJ S �t• oL�`� -��2 �-v�� wr1Lri:� L/ 1 Z T Gt e Gt- li L Yt�� � S QT -• �4 C /� %oh`e AsLs eeh vec�vc ecl -1-0 /esJ zLAah /4�/ s� -F{• .L k; �aL,r410) fv �a co vets w� cah e/�C, �� e Sl�vac7�iaN Sa��eat07 6y /-ep/acIAI tAe p/asfic uhder ttie yA-oLve/ i-e4 GtIIL a` fevvus vtnait does "ZIT _. ,-onsflito Aat-d Cove`-, 7Ae recetif �au�cll dec/sion o r�av�' �N y deck l.✓/��! /eS3 f ba ri boavp SpaciM9 as `AcLVd co✓e►-,• Am s vqO i-0 c7l �c c4 !�+�/P of, e✓e.=kill. 4YaIN- -Fa/� o � 6 er Out, 8 �1 ,/y ,w•cv/d b�I c .!y . loo ieSS ziaH rr�� cJ � e . I S / � �c9 / c a � �p sow y fti a7` Wac�ccvaSs a v�� rolF vvN t�►rov9Lt a clvac k DD/h one km;h ofe? Fvrt�ermeee ye)(,.) IM�yinv tuna/ wOc/i'A e11A,�,yQh / T one c�T CKP 1,ta�,es J % oe-s wOCi�L� /laSA o vt a h a Week w/ �ii � SIP /i+ re spo"Se fLo e,- e ry �vo"l a C-AilW lT e s� �c f �v�� ((�� ` MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1966 i1059 WORK CONTINUED Bellows stated that she had sympathy with the hjork family however she failed to find a hardsh.p involved other than financial. She feels that this property could be sold with a mother-in-law apartment. Goetten noted that the city is looking at an amendment regarding duplex use. She also noted the fact that this property has been assessed 2 sewer and 2 water units. Zoning Administrator Mabusth stated that the property has only 1 meter. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Bellows, secon :d by Chairman Kelley, to recommend denial of the use of this structure as a duplex, unit based on the fact that the owners have been on notice for the last ten years that this is not to be used as a rental or duplex init. Motion, Ayes 4, Nays 2. Goetten and Hanson voted nay stating that staff should review possible legal remedies that may be available. Applicant was advised to work with staff on this problem before bc.`ng heard by the Council. �l6j.F. FLEISCHHACKER 2775 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 8:40 - 8:50 The Affidavit of Publication and Certificate c' Mailing was noted. Mr. Fleischhacker was present for this matter. Pssist.ant Zoning Administrator Gaffron explaing the request for hardcover, average lakeshore setback, and structure in 0-75' setback zone variances to construct a two -level deck in order to gain access from their upper floor level to the rear yard without blocking any windows. Per his memo, applicant proposes to have a non -hardcover surface underneath deck and shrubbery screens the proposed deck from the most affected neighbor. Bellows stated that she construct the stairway with setback area. N felt there were ways uo less enfringement in the MI14UTPE vi :NE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 #1060 FLEISCHHACKER CONTINUED Chairman Kelley stated that he did not feel the average lakeshore setback was an issue because of the screening by shrubbery but woUld rather the deck be constructed to stay behind the 75' line as much as possible. Eased on Plannirg Commission's comments, Mr. Fleischhacker woulu like this matter tabled so he can come up with another plan to submit at the October Planning Commission meeting. It was moved by McDonald, seconded by Hanson, to table this application until the October meeting giving applicant direction to scale the deck back as much as possible. Motion, Ayes 6, Nays 0. #1061 LARRY AND LYNDA COOK 3765 WATERTOWN RCAD VARIANCE PUBLIC HEARING 8:57 - 9:05 The Affidavit of Publication and Certificate of Mailing was noted. Larry and Linda Cook were present for this matter. Assistant Zoning Administrator Gaffron explained the request for a side setback variance to allow construction of a 20'x30' horse barn to be located 10' from the east lot line. The property to the east is the Butterfield Greenhouses. Chairman Kelley asked applicant why the barn is proposed to be located near the east lot line rather than centered on the property, where an 80-90' setback from both side lot lines is possible, and asked what are the the hardships involved. Mr. Cook stated that regardless of where they place the barn a variance is requires and based on this, they would like to preserve the continuity of the property to provide room for a pasture and riding ring. They proposed a 3 stall barn. Bellows stated that this is an extremely difficult piece of property arid very definitely a rural area and she would rather have the barn be built closer tc the greenhouse property, which is a commercial use, than center it on the property. Rovegno stated that he felt it should at least comply with setback requirements for a principal structure, which is 50' from lot line. I ZONING FILE O. 1060 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/20/86 ----------------------------------------------------------------- TO: J.F. Fleischhacker COPIES TO: 2775 Shadywood Road Excelsior, MN 55331 ----------------------------------------------------------------- TYPE OF APPLICATION: XX Variance ------------------------------------------------------------------ DATE OF MEETING: 8/18/86 VOTE: 6 For 0 Against Planning Commission recommends the following: XX Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: Tabled until October 20, 1986, to allow applicant time to revise proposal to eliminate or greatly reduce 0-75' encroachment. ----------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Planning Commission Monday October 20, 1986 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. 7.OD�� loo.00 IRON r IRON —�E ,X C E P T I 0 N} ; • r` o � �ine0� �t'� ae•� �h � V ip� ilk.V, C. 11.50 a IRON 1_ V - = yyss� * N-•U'—Road EaSemenf over Tract F `��—--'� ai per Doc. No. 477271 L; Rff- Q-TL�' —, . NAIL _ _ '-s=a �—+� --'— IRON �f0 ft. UiHity EaseTent` O ' Q � � �� as per Doc. No. 78307/ I . • W I c ri I. O N r I n L 4 N� uCO F` .. IRON Steps • ON ♦ e.ss ..h m s N 1-5TORY WALKOUr e: BUILDING NO. 2775 n "' 44.20 IRON _ z0-� -. , �� - — IRON 05 II ' Basement - _ floor elev.. 90.59 W000 DECK -' �e I — _ 2 Water elev 29299g6 as oP htay � /� -o s� E 1 p N /11 AK . E M�NN L X Denotes the 929 40 , o�tour line SURVEY FOk DESCRIPTION: 10SEf' Tracts E and F and easterly 7 feet thPr No. 358, Files of R of Hennepin. We hereby certify that t representation of a Sur'. land above descri')ed an( buildings, if any, there ments, if any, from or ' Dated this 29th day of N1 EGAN, F I E b y Minnesota BENCH N1AKK Top of si east win Elevatiol Ddturl). To: Planning Commissi-'n Members From: Michael P. Gaffron, Assistant Flanning & Zoning Administrator Date: August 1.1, 1986 Subject: #1060 J.F. Fleischhacker, 2775 Shadywood Road - Variance - Public Hearing Zoning District - LR-IB Application - Variances for hardcover, average lakeshore setback, structure in 0-75' setback zone. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Proposed Deck Plans Exhibit F - Hardcover Calculations - rrEvr;c_ f� to-ls -Se_ Pertinent Facts: Hardcover 0-75' existing +/- 10 s.f. or 0.1% 0-75' proposed 276 s.f. or 3.7% 75-250' existing 6,253 s.f. or 38.1% 75-250' proposed 6,268 s.f. or 38.1% (with patio removal = 6,168 s.f. or 37.5%) Encroachment into 75' setback zone = 20' Average lakeshore setback encroachment = approximately 10' Discussion: Applicants wish to construct a two -level deck in their lakeshore yard in order to gain access from their upper floor level to the rear yard without blocking any windows, hence their proposed design with a stairway system mostly in the 0-75' setback zone. Please read applicant's letter of request. The structural encroachment into the 0-75' zone is about 201, and encroachment into the average setback zone is about 10' (based on the curvature of the lake). Applicant's letter indicates the deck is proposed to have non -hardcover surfaces underneath, and recent Council decisions indicate that 2nd-story decks witl �" board opening and permeable surfaces below will not be considered as hardcover. The portion of deck which extends into the average setback are- is proposed to be 31" above grade with a lattice skirt, and will surround 1-'ot' existing tree on the site. Staff's site inspection indicates that existing shrubbery somewhat screens the proposed decks from the most affected neighbor, and no substantial view encroachments will be sustained. Staff Recommendation: The question here really comes down to how much of an encroachment into the 75' setback zone is justifiable. The upper desk total area is over 400 square feet. The lower deck/landing is over 100 s.f. Any recommendation for approval or partial approval sl.,)uld make findings justifying the magnitude of encroachment allowed, and should define standards for the 2nd story decking if it is to be considered non -hard- cover, i.e. no future hardcover below or above deck, maximum 12:1 board width/space width ratio, minimim spaces �". a r. omw KK , I CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 277vr> 5 S '��Z vznei �� �� �J<<F�s�cv Jlf.,, Property Identification Number (P.I.D.) ' �1 Please check one - Is the property abstract or V torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT ���_ ,� / 6-- Name �% F, f`/e is� ruc�e�- Prone �:2,1/- ? f� Mailing Address (; (S,'0, OWNER Name .S�- c-;-, "�d Phone Mailing Address Date Property Acquired �� c, f `� 7�/ (month/year) I 40M (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property 17,9 Jkl •,, cz�e,,,-G[ Residential Other (specify) -----------------I---------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail: SrrrT/� cr��c1� n ��ynrc�oSe_� c�t�t� eyte►g ------=-------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width ).( Hardcover Setback Variances (-,!Pl Front Side t/ Rear) Other L.^44Esay" Sf T1me44 Ave.. 4-K-siw !km *zK. HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: f-> f/,,�,(F,/ n-1 4. 11t,-2 --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: )It e,' ntr' --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature>>'« .;�� ' s Date OWNERS SIGNATURE The owner hereby ackowledges 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 investiga- tion and verification of thin request. Owner's Signature _ Date --------------------------------------------------------------------------- Applicant must have all submittals inco the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Tv• T L - 4 �� ����" /ct /, /T I rt 9 �c �/�+ ir+ / -SS-iO )7 - T� e /�� r- � be rs �=• S 6 - kt'c�Ut'S� To/- Sc3�- %,c�f/� Vctvlas�ce .Lf 27;" S�adJ, wood' Itc:t JF)t:: iscA/70.C.Ae), ✓CS/CYt'NT. AM//OvjX /f ,Nay ,see*si c�c�c:� Zo )- vc',SG t� Vim✓/once �i "�6+1s GyPe /,n V/e w o f s ���`!s� vr.�liil u N�.e s%e �o/lewirc9 reeve c �/[ s Some o� ftio ra.t'iotia�e -LIlat yvon,ptc'ot -,s i-e So, kile Ao.ve he tic% accc',s to -eke 6a-Ae- -Ci-em, -1l+e lake s;Aeor I o rc� � e ea u,� c i i be n,,.,m bet^ o� c-A1 di eh ri� f / mp✓te. r���•�- ii v e s �/ay/!nq //r /�e ua'�er� .ro ti+e so rf c+-F s'ta lrwey �rOs-n a i So /v to Qc e s 3 2. W/z have e ky my ,, // a 6 v/ I'dos- �' a �va w v� /a n a hd 1i4ye Co Ks/�eraO�Q /rxe ovrSc lves f" 'o a ieck iAoLf wov/d ,-eKdlly N2�JOf/d61sP s l CLIYWcY �j f /ta woad Na t ih r�lk�e ok -tl►e seVVt_6ack ore)lndk-Lct?, b�t a'e" ,i/naf we could co.-+,e v,P 4/ie W-ecen) di✓edly it Go/,f of v/hdows ve doors anol we)u, be 'h— S/fW io OUP, in eli4ol-S. TAe a-ffo-cAed C14LM (rrese-4 rmi �y vvr /�rop0jee4- D(/II�QYJ� /5 t�e ieS� L✓C /iOLVe fcC'Me avoi -r all iAesP All &cconyy11snPs tie tvlbose, ' A h ea_vy y vo -1A o c/,bbery o-/or9 is e ProloeW1 /ine, C-0he fely obscvree-es vuv /Ien4//,ve1 back yarai from ftie helyl,/cvs f7rOPeYly• 1 sr add/�/cN� �h e is ( �100Y OT oc/V Ae, Aie, home /S/ aT aff►o�r. the same level o-s -tAe Ael41,� o� II ouiv propei.Se Week and tl�erP�re �,'C'LIW AcLve V/J/i 11ff 4e n TLhe /ea/le'S ore a�c+c.i« ih t%P w;N�P✓. �. L�t�yP 2/tr'PS anA /1Q�cry %ome al",oSt lnvrs���c �rorr/ ttie la.kp sC, fl,,s tt'V"Pe"sF1 WeAd ti of be s, fA Py -Pro #x f Aaf td /„ i f' v,'E, u, .S; kfie i,/// he ren,o✓ih-f i-be obafio elude/- i lte ciFck- 1 A? x c't'�d Gov a V A M way • .I � nstPs7�and /Ae erj/Anr, ra belt" my c.�lfv/s//ei.s 1M/icsfe .44s-t PVLfKfa/! 01C 64110„r %sorr wovld f/lte✓ tkry fie c C rae kt CJ a 2X4 deck t�Piydtby redvc „y �s �►ar.t cove- ,r ith s Amiee - s j' rd • � °I O � d � , u 1 ,� rti.9 1 S �� / •1 ,, r 410 too to oe sh ea I J .•i 17 1 y ti� u bn m 41Al W • j 1fL7 1 0 1♦ .mow % ON �.` I ` ��i\ fir+♦ 't` ' � fir � � ., •< - ``,.•� a -/ 19 W ,COO(F �JL •IV Eta f ( Z 0 co 00 .. • n _ '� \_- /yam �L � � / • 1 / ii K1 21-117-23-24-0005 Carlson, Paul C. 2735 Shadywood Rd. Excelsi.or, MN 55331 21-117-23-24-0062/63 Cook, David C. 8012 Pennsylvania Rd. Bloomington, MN 55438 21-117-23-24-0022/25 Nutt, Paul 9200 Wayzata Blvd. Minneapolis, MN 55426 21-117-23-24-0061 Thimmesh, John 3430 Florida Ave. N. Crystal, MN 55427 21-117-23-24-0028 Hoffman, David T. 2675 Pheasant Rd. Excelsior, MN 55331 21-117-23-24-0034 Dunsheath, Douglas 2740 Shadywood Rd. Excelsior, MN 55331 21-117-23-31-0003 Wilharm, George W. 2745 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0040 Anderson, William A. 2760 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0060 Wilhelm, Burnis & Doris 2765 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0059 ogle, R.G. 2771 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0041 Bjorn, Ahlgren 2780 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0054 Casey, Thomas J. 2785 Shadywood Rd. Excelsior, MN 55331 21-117-23-31-0002 t Stein, R./Wolfenson, E. 2795 Shadywood Rd. Excelsior, MN 55331 21-117-23-24-0042 Roelofs, Ronald H. 2800 Shadywood Rd. Excelsior, MN 55331 7.00-- _ oo.00 IRON IRON ' •E ,X C E P T I 0 N 5,0411 6 w ry to IRON 1 Ll '—Road Easement over 7rac+ F as per Doc. No. 477271 NAIL —rs�. ,` IRON `f0 Ff.. U4ilify Easement, of per Dec. No. 783JTI t'r Uvi.L v� 0 h r I o v- o tt N SURVEY FOR: J 0 S E F CD r m g D E S C R I PT I ON: ,. N� '• § eo ! Tracts E and F al:ci / steps-- 1 easterly 7 feet ther IRON tA0' No. 358, Files of R of Hennepin. N !-STORY WALKOUT N eN► ^ BUILDING NO. 2779 ol We hereby certify that t IRON ;:ion . _�� r.4.:o 20 IRON representation of a sury 1.83Ov../�inq P rl` .I land above described an( Basement — - buildings, if any, there iloon-elet!fOD Ems. � 932.59-• ''"-Oments, if any, from or r H I •. ,� Z ,Dated th is 29th day of M PSG p CQ� �b E G A N. F I E iIr4 = V by 1Q1'20�_ Minnesota ! e1ev.929.86 as+of May 29, 198 N E 1 p N K E MIN �pK x Denotes ►ne 939.40 contour line BENCH MARK: Top of s1 east win Elevatiol Datum). 1 -s ICk � Y� it I motto o�bove tz f�p uS� c c. i L... . ORONO HARDCOVER CALCULATION WOiKS*HEET. LAKESHORE A. Existing B. Existing SETBACK lot area hardcover ZONE in zone in zone 0-75' 75-250' 250-500' 500-1000' Directions: C. Existing hardcover percentage [ (B.A) x 1001 /-5-O'0 sf /VuhQ sf 0 't1L'7 c3 w`� PaSwfj �']% taShif, / 7 -EV-o s f 03 3 Y- sf 36 sf sf sf 0 sf o SC� s-TA-F D. Proposed E. Proposed F. Allowed hardcover hardcover hardcover in zone percentage percentage [(D;A) x 100] sf % 0 /o _ .Sa-rn e sf sa "I e % 2 5 sf go 30 sf % 35 c-avti2- ,e4r::�vlr-� A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, -esulting in no net increase of hardcover in a specified zone, a variance may not be necessai . HARDCOVER CALCULATIONS 2775 Shadywood Road 0-75': Area = 7,500 s.f. - Existing Hardcover = +/-10 s.f. (patio block) = 0.1% - Proposed Additional = 266 s.f. (includes patio, deck, and stairs, does not include planters within proposed deck) 3.6% Total Final Hardcover 0-75' = 276 s.f. or 3.7% 75-2501: Area (gross) = 17,500 s.f. Less 2/3 of 16' x 100' access road serving 2 other properties = 17,500 - 1,067 = 16,433 s.f. net area Existing Hardcover House = 2,080 s.f. Patio/Deck = 420 s.f. Sidewalk = 120 s.f. Blacktop(5x25)+(18x105)+(7x23)+(7x25)+(1/3 of 16x100) 2,797 s.f. Rock Beds W/Plastic = 836 s.f. +/- TOTAL Existirg 75-250 = 6,253 s.f. = 38.1% To be added in 75-250' = 15 s.f. +/- (most of new deck is over existing block patio or rock bed hardcover) 5,253 + 15 = 6,268/1,6433 = 38.2% If portion of patio not under deck is removed, there is a potential for up to 100 s.f. decrease in 75-250' hardcover for a potential final 75-250' hardcover of 37.5%. R p-VtS1 on 1 PFY2- lO - l S - a(, UGowry c.- D M,7 / to--) . t o - 1-2 -? = Z , H 0/1 /LDb i 7-7oPA-tt = �� G2� + To: From: Date: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Jeanne A. Mabusth, Zoning Administrator November 5, 1986 IV NOV i 01330 Subject: #1062 & #1077 Ingeborg Cici, 875 Wayzata Boulevard - Conditional Use Permit, Variances & Site Plan Review - Resolution List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Day Care License Application Exhibit E - Copy of Engineer - Original Review Exhibit F - City Engineer's Original Review Exhibit G - 4 MCAR § 7.012 Exhibit H - Council Minutes 10/13/86 ExhibitI- Final Site Plan Packet Submitted for Planning Commission Review 1) Site Grading Plan 2) Floor Plan 3) Elevations 4) Landscape Plan Exhibit J - Final Plans Submitted for Current Council Review 1) Survey (attached - left turn lane plans and amended permit letter from Corp. Army Engineer) 2) Topographic Survey of Exit Contours 3) Site Plan Layout Issues For Consideration With This Review: 1. On October 13, 1986, Council granted concepta 1 app A 1 of the variance (#1077) to the Limited Development Ordin nce to permit the construction of a day care center prior to completion of the Highway 12 Planning Study. At that same meeting, Council conceptually approved the access to the site proposed for applicant subject to the following issues being resolved: A) Permit from State Highway Department confirming new access location and use of highway right-of-way for private access drive. B) City Engineer to review revised access location and design specifications. C) Corp of Engineers to approve revised road access through eastern wetlands corridor. Zoning Files #1062 & #1077 November 5, 1986 Page 2 Update on the Resolution of These issues: A) Mr. Moen of the State Highway Department has advised staff that the eastern access would be approved. The applicant has had to reapply for a new permit because of the access location change. The permit is in the process of review - staff has checked with the Right -of -Way Department and they have confirmed that rigs* -of -way width from centerline is 70 feet not 100 feet as shown on survey. The 30 feet of right-of-way will be quit claim deeded to the Cicis. B) The City Engineer has asked that the percentage of grade proposed at the entrance be reduced to nc more than 2% for the first 25 feet providing safe graduated access to highway. The remaining grades beyond the first 25 feet are acceptable. Cook is also concerned that the matter of the State's right-of-way be resolved. C) Corp of Engineers has approved revisions in access review Exhibit J (1). Note wetlands will not be intersected with road as proposed. All outstanding items not resolved as of this review must be resolved prior to the issuance of a building permit or any preliminary land alterations proposed on site. The comprehensive resolution approving this application has been drafted accordingly. 2. The Highway 12 Study has proposed little change within the eastern portion of the study corridor, the conditional use permit application for a day care center #1062 has been revised per standards of the existing code, as follows: Section 10.20 Subd. 3 Section 10.09 Subd. 6 Section 10.61 Subd. 10 Section 10.61 Subd. 4 Section 10.61 Subd. 5 Section 10.61 Subd. 9 Section 10.62 Subd. 2 (A) Schools (A) Granting of Conditional Use Permit (J) Parking (F) Parking Spaces (A) Parking Residential Districts (A-F) Design and Maintenance of Parking Areas (A) & (C) Signage Zoning District - RR - 1B Area = 13 acres -per survey of John V.Chaffee dated 9-11-86 Dry = 7 acres of dry contiguous Required = 2 acres Zoning Files #1062 & #1077 November 5, 1986 Page 3 Brief Review of Application: Mrs. Cici proposes a day care/nursery school for the 13 acre site. The property is not served with municipal sewer or water. The seven dry contiguous acres can easily support an on -site septic system and well. The required access location at the most eastern side of the property may necessitate intersecting an extensive wetland corridor along east boundary. The private driveway has been placed out of tre wetland area (per recently designated wetlands boundary of Carp of Engineers) and if such placement is allowed by State Highway Department will still require a variance to the 26 feet setback. The road is 15 feet from the wetlands at its closest point. Staff is finally in receipt of the long awaited survey of the site. There are discrepancies in the setbacks originally shown on site plans when compared to current survey. The need for setback variances was never addressed in earlier review and will be addressed below. Review of Application in Relation to Required Standards: A. Setbacks - Per survey of September 1986 Require Proposed variance Bldg/Front 50' 80' Parking/Front 50' 35' 15' or 30% Bldg/West Side 50' 210' Bldg/South Side 50' 580' Wetlands 26' 15' 11' or 42% Fenced Outside Area (Street) 15' 60' B. Parking Requests Formula: 4 stalls + 1 stall for each 500 s.f. in excess of 1,000 s.f. of floor space. 4,264 s.f. - 383 s.f. = 3,881 s.f. net floor area 3,881 s.f. - 1,000 s.f. = 2,881 s.f./500 = 5.762 or 6 stalls 4 stalls + 6 = 10 + 1 handicapped stall - required Proposed = 14 +1 handicapped C. Landscape Plan A formal landscape plan plus planting schedule has been submitted - the plan will be reviewed at your meeting and referred to in this memo as final landscape plan. Staff recommends approval, review Exhibit I (4). Zoning Files #1062 & #1077 November 5, 1986 Page 4 D. Final Site Grading and ;drainage Plans Drainage is directed to the east and south following natural drainage. Culvert sized at 24" - MCWD permit process to confirm adequacy of culvert sizing. E. Outside Play Area (50 s.f. per student) Student level is proposed at 67 - plans confirm 4,492 s.f. of fenced outside play area - this would satisfy required area of 3,350 s.f. (50 x 67). Gates have been placed to the front of the building on each side of the building as requested. F. Building Elevations Exterior building materials are shown to be wood shakes, cedar lap siding and brick facing. Foundation will be of concrete blocks. G. Site Plan The applicant has submitt--d a second site plan for this review - Planning Commission has recommended approval of the site plan dated 9/10/86, Exhibit I (1), that designates a fire lane along the fro: of the building with parking stalls realigned along the north and east sides of the parking lot. Fire lane signs to be posted at front corners (north/south) of building. Applicant must designate appropriate designation of fire lane and signage for revised site plan (Exhibit J (3). H. Septic Review Gaffron confirms preliminary review of test data would permit the installation of a s-,hallow trench system. Gaffron will reconfirm by making a test boring before approving final installation. I. Signage Information - Section 10.62, Subdivision 2 (A) & (C) A) Location - Setback Required = 5' Proposed = 5' B) Area Allowed = 12 s.f. Proposed = 5.44 s.f. C) Height Allowed = 8' Proposed = 5' Zoning Files #1062 & #1077 November 5, 1986 Page 5 J. Sprinkler System Per Appendix E, the structure will be required to have a sprinkler system. Applicant must provide an alternate water supply per N.F.P.A. 13 standards. The following specifications have been provided: 40 HP 460 Volts 3 Phase 500 G.P.M. 3500 R.P.M., 7 'Y" to 8" Casing Staff has confirmed that the above specifications will easily satisfy minimum flow requirement of 500 G.P.M. K. SAC Units Parameter: 14 Students = 1 SAC 67 Students/14 = 4.78 or 5 SAC Units SAC units to be paid with building permit. 5 SAC Units x $475.00 = $2,375.00 Staff recommendation to recommend approval of application #1062 per Planning Commission recommendation as follows: To recommend approval of the variances and conditional use permit application and final site plans submitted by Ingeborg Cici for a nursery school/day care center referred to as Busy Beaver Day Care per plans dated 9/10/86 by Pandeli Cici (consisting of Site Grading Plan, Floor Plan, Elevations, and Tandscape Plan) and per survey by John V. Chaffee dated 9/11/86 submitted since the Planning Commission review, subject to the following conditions: 1. Parking area for day care use must be relocated so that a 50' setback is maintained from newly defined right-of-way line. 2. Applicant to enter into a Developer's Agrecment and post appropriate security to assure that the road, left turn lane, landscaping and erosion control plan are completed per approved plans. 3. State Highway Department access permit, quit claim deed of 30 feet right-of-way, MCWD permit must be submitted to City prior to issuance of building permit. 4. Per MCAR § 7.012 - Working plan drawings and specifications for this project must be drawn by an architect licensed by the State of Minnesota. The attach%Ci resolution has been drafted per Planning Commission recommendation and additional information submitted since the Planning Commission's review. Cit RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION] 8 AND ORDINANCE 13, SECOND SERIES AND CONDITIONAL USE PERMITS PER SECTION 10.28, SUBDIVISION 3 (A) AND SECTION 10.03, SUBDIVISION 20 FILES 1062 AND 1077 WHEREAS, Ingeborg Cici (hereinafter "the applicant") has an interest in the property located at 875 Wayzata Boulevard Y;ithin the City of Orono (hereinafter "City") and legally described as follows: That part of the Southeast 1/4 of the Southeast 1/4 of Section 35, Townshii- 118, North Range 23, West of the 5th Principal Meridian described as follows: Beginning at a point on the West line of said Southeast 1/4 of the Southeast 1/4, 29.7 feet North of the Northeasterly line of the right-of-way of the Great Northern Railway Company; thence North along the West line of said Southeast 1/4 of Southeast 1/4 to the South line of the right-of-way of the Electric Short Line Railway Company; thence Easterly along the South line of said Electric Short Line Railway Company to the Southwesterly line of State Highway 12, formerly No. 10; thence Souther sterly along said Southwesterly line of said Highway to a point distant 385 feet measured at right angles from the South line of Section 35; thence Westerly parallel with and distant 385 feet measured at right angles from *he South line of said Section 3-,. a distance of 1011.05 feet to the point of beginning. ALSO, all that part of the Southwest 1/4 of th utheast 1/4 of Section 35, Township 118, Range 23, lying South of the Southeasterly right-of-way line of the Electric Short Line Railway Company and Northeasterly of the Northeasterly right-of- way line of the Great Northern Railway Company, (here inafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Ordinance 13, Second Series and a conditional use permit per Section 10.28, Subdivision 3 (A) to permit the construction of a day care center/nursery school prior to the completion of the Highway 12 Planning Study and an additional variance per Section 10.55, Subdivision 8 and conditional use permit per Section 10.03, Subdivision 20 to permit land alterations and the installation of a private driveway within 15 feet of a wetland instead of the required 26 feet. Page 1 of 5 Minnesota: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. These applications have been reviewed as Zoning Files #1062 & 1077. 2. The property is located in the RR-lB Rural Residential Zoning District. 3. The property is approximately 13 acres in area with 7 acres of dry contiguous land. 4. The Orono Planning Commission reviewed application #1077 on September 15, 1986, and application #1062 on October 20, 1986, and recommended approval of the multiple variances and conditional use permits sought by the applicant based upon the following findings: A) The proposed day care/nursery school use conforms to all standards set forth in the current code. B) The p- ?osed location and conditions by which the day care center shall be operated ill pose no hazards to the public health, safety and welfare. C) The proposed use as amended will not be injurious to properties or improvements in the vicinity. D) The proposal is not found to be in co-.lflict with the current Comprehensive Plan nor any amendments considered or proposed by the City during the Highway 12 Planning Study. E) The only approved safe access to the site will require that the applicant install a road either adjacent to or intersecting an extensive wetland area. Council finds the east access the only safe access to the site. 5. The City Council has considered these applications including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ---- ----- 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting these variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting conditional use permits to allow the installation of a day care center/nursery scacol prior to the completion of the Highway 12 Planning Study will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and comprehensive Plan or the City. CONCLUSI, :, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Ordinance 13, Second Series and a conditional use permit per Section 10.28, Subdivision 3 (A) to permit the installation of a day care center/nursery school prior to the expiration of the Temporary Limited Development Ordinance and a variance to Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 20 to permit the construction of a private roadway within 15 feet of a designated wetland rather than the required 26 feet, subject to the following conditions: 1. Prior to the issuance of permits for building or land alterations on the above described property, the City must be in receipt of the following: A) Developer's Agreement with appropriate security to assure the following is completed as approved by the City: 1 ) Landscaping per Page 4 of final pla,is referred to as Final Landscaping Plans. Page 3 of 5 Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2) Construction of access road and left turn lane - final plans to be approved by City and State highway Department. 3) Erosion control plan. 4) Site grading per final approved plan. B) M.C.W.D. permit approving final grading and drainage plans. C) Payment of 5 SAC Units with issuance of building permit. Total payment of $2,375.00. D) State Highway Department permit approving access, left turn lane plans and use of State right-of-way for private road purposes. E) Applicant must amend final site plan to provide a 50 foot setback from State right-of-way for parking area within front/street yard. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (November 10, 1987). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall 7onstitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopte the Orono City Council on this loth day of November, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) --- — Page 4 of CITY ,Q,.;O,RONO.� GENERAL LAND USE APPLICATION ---------------------------------------- --- ----------------------- PROPERTY LOCATION , ,_ 1, i 13 Acres, more or less on South side of Hwy. 12 Site Address Address still to be assigned. 35-118-23-43-0003 Property Identif ication Number (P. 1. D. ) 35-118-23-43-0005 Please check one - Is the property _X_ abstract or torrens? (for Conditional Use Applications only) Please attach legal de ription to application if not included on required survey. -----------------------------------------------------------------}--------- APPLICANT Mrs. Ingeborg Cici, President of Busy Beaver Day Care, Inc. W-4 73 -624 5 Name Mr. Pandeli M. Cici, husband Phone 420-2789 Mailing Address 7532 Troy Lane, Maple Grove, Minnesota 55369 --------------------------------------------------------------------------- OWNER Welling Company Name Mr. R. K. Bergeson, President Phone 475-0111 Mailing Address _ 16605a- 13th Avenue North, Plymouth, Minn. 55447 Date Property Acquired une - (month/year) I (do) do n) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use 2_ $150.00 b) Institutional (c`..-rch, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within i5' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $15n..^0 Easement Vacation $ 50.00 Easement Vacation With Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals _ Other - see fee schedule ---------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential X ier (specify) ----------------------------------- DESCRIPTION OF REQUEST Describe request in detail: tg, build --Cy-Care CCenter now and a Residence aka er oate. REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified P- operty Owners List of owners within 350' (you can obtain this list f , in Hennepin County Department of Finance A-603 Government Cernter 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. ---------------------------------------------------------------------------- The applicant and Property Owner must •-ign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information i uired or requested by the Zoning Administrator, agrees to pay all fe::s and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature af�„(l , try (� Date y a� ��% OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized 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 %l i 1 < < = - Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. RL'N DATE 07/28/86 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY 014'NERS LIST PAGE 10 EATCH 003 38 35-118-23 41 0006 38 35-118-23 41 0010 38 33-118-23 43 0003 /b PFCP ADDR 00920 WAYZATA BLVD C1,04ER NAME D E ANDERSON ETAL E L PETERSON THE WELLING CO TAXPAYER DARRELL E ANDERSON MRS JAMES M BOSS THE WELLING CO N;M,E/AODR 920 W WAYZATA BLVD 270 N GREENHILL LANE C/O R K BERGERSON WAYZATA —1 55391 LONG LAKE MN 55356 1299 BLAKC OAKS COURT PLYMOUTH MN 55447 w /- 38 35-118-23 43 0022 38 35-118-23 43 0023 38 35-118-23 43 0026 PPOP ADDR 01190 LYMAN AVE 01180 LYMAN AVE`-+� C::4ER NAME B E PALMER I J M PALMER N & C DEWITT BURLINGTCN NORTHERN RY :c TAXPAYER BRIAN E & JULIA M PALMER NORMAN W DEWITT BURLINGTON NORTHERN RY NAME/ADDR 1190 LYMAN AVE WAYZATA MN 55391 1737 KNOX AVE S MPLS MN 55403 J r'^ 38 35-118-23 43 0028 33 35-118-23 43 0029 38 35-118-23 44 0004 PROP ADDR 01170 LYMAN AVE 00350 WAYZATA BLVD =,'EER HAMS L 3 A EOWYER D C & E D MOGEN VINEYARD OF THE LAKE INC �. TAXPAYER LARRY M 3 ANN M BC 'ER DONALD C 8 ELEANOR D MOGEN VINEYARD OF THE LAKE INC';__. _ N:ME/ACDR 1170 LYMAN AVE 7450 BELLAIRE AVE C/O RC3ERT 14HITESSEL WAYZATA MN 5539E DUBLIN OH 43017 3111 OLD COUNTY RD WAYZATA MN 55391 33 35-118-23 44 0005 38 35-118-23 44 0006 72 35-118-23 43 0001 PROP ACOR ¢ C'.: 1ER NA -ME TAXPAYER THE I:ELLZN',z CO THE WELLING CO STATE LAND DEPT STATE LAND DEPT JAMS A LOOSEN ETAL JAMES LOOSEN a; ' >` �1 NAME/ADDR C/O R K BERGERSON FOR SALE TO ADJACENT 225 LINDAUOOD LA 1299 BLACK OAKS COURT PROPERTY CWNER ONLY WAYZATA MINN 55391 PLYMOUTH M1 55447 72 35-118-23 43 0015 72 35-118-23 43 0017 72 35-118-23 43 0019 i R^OP ADDR 00208 LINDAWOCO LA 00213 LINDAWOOD LA C1d1ER NAME JOHN R CHARLTON ETAL LUCI,:Y S STRONG III ET AL MARIANNE AUSTIN-SHARMA TAXPAYER JAMES A LOOSEN LUCIAN S STRONG III MARIANNE AUSTIN-SHARMA -" ►?4,E/AGOR 225 LIND =000 LANE 208 LINDAWOOD LANE 213 LINDAWOOD LANE WAYZATA 1^1 55391 WAYZATA M4 55391 LONG LAKE M1 55356i 1 - 72 35-118-23 43 0021 72 35-118-23 43 0027 72 35-118-23 44 0001 r FrtOP ADDR 00225 LINDAWOOD LA 00205 LINDAWOOD LA 00925 WAYZATA BLVD W S, C1:NER NAME JAMES A LOOSEN ETAL GREGORY T PULOS ALFRED J BRONTE ETAL �?• TAXPAYER JAMES A LOOSEN GREGORY T PULOS ALFRED J BRONTE i! i NAME/ACDR 225 LINDAWOOD LANE 410 LAKE TERRACE DR 925 W WAYZATA BLVD WAYZATA MN 55391 MAPLE PLAIN ! 55359 WAYZATA MN 55391 �1 PUN DATE 07/28/86 BATCH 003 72 35-118-23 44 0002 r► F70P ADDR 00915 WAYZATA BLVD W C',;NER NAME E J BOULEY ETAL TAXPAYER. E J BOULEY NAME/ADDR 915 W WAYZATA BLVD �► WAYZATA MN 55391 r F?OP ADDR C'.::ER NAME TAXPAYER TOTAL BATCH f+ NAME/ADDR 003 00021 HENNEPIN :.AUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 72 35-118-23 44 0009 GREGORY T PULOS GREGORY T PULOS 410 LAKE TERRACE DR MAPLE PLAIN MN 55359 REPORT NO. PI435401 PAGE 11 72 35-118-23 44 0010 K A G RADLOFF KEITH W RADLOFF 18405 33RD AVE N PLYMOUTH MN 55447 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE DFPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS AE HENNEPIN COUNTY DEPARTMENT OF PRO RTY TA TION. TO TEE BEST HY KNOWLEDGE AND BELIEF DATE J BY 10 dy 03 o4 44" is ;sew 30 ' O am0 O O i /_�' �1 0 ; • i tt� •, ;,, . 10 3 _ ot.•q 16�•;s, itr::,`;• � OCR y - Cal b `. ��� � e♦ :/ - .' J V ^ , :� • :a to , .e Ai . V ► a �•t�► L_ C_ •.;,.,� ids r ' 1• . `` ie r, 30 40- 51 R A �231 + I' :9l ai � � I so y1C3i q,,f kr �! dF W u�1 : s y� P Z�� �¢k • IK 'CS7 f 4i♦ 1 Y ¢ 1 �— Os 51L� �'fiC36 ; �1 / r L 4-IC 1 V NAYZATA s ( CS + 1 Please type or use ink. complete all items. I. IDENTIFYING INFORMATION Name off ility busy Beaver Day -Care APPLICATION FOR GROUP CARE LICENSE AND RENEWAL OF LICENSE __ :-'Now program O Renewal application Change in location Street or B o City Inc. ��� W. Wayzata Blvd., Orono Name of director In§eborg Cici Mailing Address, If different from above Name Open from month of: through month of: Year around Kind of service (Check (✓) appro All Half riate service) Day Day LJ ❑ Day Care/Nursery ❑ ❑ Head Start ❑ ❑ Nursery School ❑ ❑ Cooperative ❑ ❑ Other Explam Other III. FOOD SERVICE Street or Box No. for the hours to f site b belpw30 6: 00 p m Monday: Tuesday: from am tom Wednesday: from6: 30 am to 6:00pro Thursday: from6: 30 elm to 6: oopm Friday: from6 : 30 all) to -6— Saturday: 1romcl oiled to _ Sunday: fromC1osed to [rector's phone number Changes in terms of license county Henn., _ il �F eci's phone 78�_.fi2 llity--- County 4.5 Indicate your request for licensed capacity i.e. maximum num- ber of childr n present a ny one time. Infant)C7ERf9f1RhCSiRR737C'R3�: o Toddler (16 months thru 30 months): 14 Preschool (2% years thru 5 years): 30 - 10 15 School age (6 years thru 1@ t: TOTX.eS 12 month - yrs 67 Children M als served Site(s) of preparation 9' Break!ast ❑ Meals Prepared on site Q Morning snack ❑ Meals catered only uncooked d'Cunch )(❑-, Meals taken at separate location 6 Afternoon snack L' Bag lunches ❑ Dinner foods are ser ❑Ye ❑ Therapeutic diets Is any child in care nine or more hours per day? No Name and address of caterer or off -site food preepared by Staff Name and title of person who has reviewed menu for nutritional adequacy in the Past 12 months Henn. Cty Comm. Health Dept. Date ofJir , 18 1986 Debra Anderson nvironmenta ist Status of boarding license: ❑Not required ❑Apolied for kelCurrent license IV. HEALTH AND SAFETY Name of center's source of emergency medical care€meraency Squad Henn. Name and title of health consultant who has reviewed health policies: Kathy Pfpi Public Health PJurse Henn.CtY- Date ofreview,8ug. 13 1986 Namgg of ph sician who has approved health policies for infants: not worked ou L ye 1 Date of approval: Name and title of infant care consultant V. EQUIPMENT Tfie program meets the required minimum indoor and outdoor equipment for each applicable age group. ❑Yes ❑No Explain all "No" answers: t"' 00368 04 OHS 368 (4-841 IP Code 55391 IP Code 11. WAIVERS _ Are you requesting ❑ A new waiver (Please attach written request) ❑ A renewal of waiver regarding V1. TRANSPORTATION Does the program provide transportation: VII To and/or from home and the center? ❑Yes No Types of vehicles. For outdoor play? ❑Yes No Types of vehicles Field tripsP )PYes ❑No Types of vehicles: 1985 Sub. Ehevr For children under 2%>2 ❑'ees)QNo If yes, are infant/toddler safety seats used" ❑Yes ONO Do any children ride longer than one hour? ❑Yes (NNo Is there more than one adult accompanying the driver: For five or more children 2'S years ; f .ioe or older? QYes ❑No For each five infants/toddlers ❑Yes QNo N.A. INSURANCE_ —.— Is the program insured for general tiability at the minimum of 5100.000 5300 OGO le,ei o' coverage? ®Yes ❑Na Name of insurer: I S I i h / Mt Vera= Policy #: G1 AR4122 Expiration date 6/ 1 8/87 Is the program insured for automobile liability at the minimum $100,000.1S300.000 level of coverage? K]Yes ❑No Name of insurer: t ff Policy#: 596- - - 7-2 Expiration date: 1An_ 27 19R7 Are staff covered by Worker's Compensation? ilYes ❑No UnemploymentCompensation7 Ayes ❑ May t No ❑N/A Ins. only Social Security? WYes ❑No ❑NIA May 0 October f rom DHS USE ONLY: Date Zoning Notice sent ❑NA Date of Fire Approval:---=ytiA--- Date of Building Code Approval: — ❑NA Date of Boarding License Approval: ____-- ❑NA Licensino Fee Rpreived by Cashier __ - -__ fINA — Vill. PROGRAM ADMINISTRATION Have you developed, or revised since last licensure, the following: How do you insure Oulet that naps or rest meet the needs of children and the wishes of parents aeti v ties are provided Such as puzzles Policies for Parents? ❑Yes ❑No Personnel Policies? ❑Yes ❑Nn Explain: Crayons, Paper Book,;. Health Policies? nYes,QNo Job Description? ❑Yes []No _ Do you administer, or plan to administer medications? lAYes ❑No Only Medication prescribed by the Docte,r in oroginal bottle with prescription label.Medi 0o you enroll, or plan to enroll children with handicaps? ❑Yes ❑No cal permission form has to be filled out by Parents. Pilo other med. i IX. ATTACHMENTS This application is not complete until all attachments are submitted and the applicable licensing i-; paid. DIAS THESE FORMS MUST BE SUBMITTED BY ALL PROGRAMS REQUIRED ONLY FOR NEW PROGRAMS (PROVISIONAL LICENSE) USE ❑ ❑Ecit pment & Supplies Form(s) (Provisional and first renewal application ❑ ❑ Admission (enrollment) Forms only] ❑ ❑ Articles of Incorporation, U incorporated ❑ ❑ Personnel information for new staff and staff who change positions ❑ ❑ Floor Plan/Outdoor Play Space Plan ❑ ❑ Staffing Information ❑ ❑ Health Policies for Center ❑ ❑ Staffing Pattern ❑ ❑ Job Desc,;�,�,ns ❑ ❑ Personnel Policies ❑ ❑ Policies for Parents ❑ ❑ Program Plan ❑ ❑ Sample Menu(s) n 1 Statement of Goals amj Philosopf, • of Program X. AGREEMENT I will comply with the provisions of the Department of Human Services Ruie 3. 1 understand that a representative of the Commissioner has the right to visit the facility during operating hours. I understand that DHS has the right to request documentation of compliance with licensing standards. I agree to make available information necessary to determine if standards are being met. I will maintain sufficient financing to meet licensing standards and will operate In accordance with fair employment laws. agree not to discriminate against any person because of race, color, race, or national origin. I will notify the Licensing Consultant, in advance, of changes in the terms of the license i.e. auspicies, facility, hours or operation, number and ages of children. Notice: You are advised that a check will be made by this agency regarding all criminal conviction data, arrest information, reports regarding abuse or neglect of children, and investigation results available from local, state and national criminal history record repositories, Including the criminal justice data communications network, about persons connected with the facility or agency for which a license application Is made. The information on this application and supporting documents is true and complete to the st of my knowledge. Signature Of board chairman �o Signature of director Sponsor, if any Date q/_5LS-6 ► Date Please Return Completed Form Department of Human Services Licensing Ulvislon Centennial Office Building St. Paul, MN 55155 Phone No.:296 3971 yo—,". —'t.,-1,,IV]till It..1—Ih:., it,, n'•.DI•nf,tarlmnnl o/Ilamnn $."v...... ..... y+r.doal• y—,.rnrnr"•—1.-1-6 rn,,, tI....,,1,,,,.. v�•�n•t n...•.... ... DEPARTMENT OF THE ARMY ST PAUL DISTRICT. CORPS OF ENGINEERS 1135 U. S. POST OFFICE 6 CUSTOM HOUSE ST PAUIL. MINNESOTA 55101 REPLY TO JL� J , ATTENTION OF: Construction -Operations Fr Regulatory Functions 1 uQrt ci vt of'D . 2�& r zoa�o-- a I ✓c�. l�Vl,'v> vt ol s Mj t-s'yoS Re : Pro 1_ &e, iv.4-1,Le_ g 9 Y4J Set, XTiaM,R, We have reviewed t` formation provided us concerning the above referenced project. The work you propose at the location stated above is authorizes by an existing nationwide Department of the Army permit, provided the work, described in enclosure 2, is accomplished in compliance with the enclosed conditions and manage- ment practices. This determination covers only the project referenced above. If the design, location, or purpose of the work is changed, you should contact us to make sure the work would not result in a viola- tion of Federal Law. Our telephone number is 612-725-7557. This authorization expires 22 July 1987. It is your responsibility to insure that the work complies with the terms of this letter and the enclosures. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL OR OTHER AUTHORIZATIONS. If you have any questions, please call & rv1 Sincerely, � �7 kc,c�1 Enclosures 2 L M`9ar1tin !4cCleery (�thief, Regulatory Functions Branch Construction -Operations Division Determination: 330. S (ce) (2 ) 6 SPECIAL CONDITIONS OF NATIONWIDE PERMITS (1) That the discharge will not be located in the proximity of a public water supply intake; (2) That the discharge will not destroy or jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. In the case of Federal Lbencies, it is the agency's responsibility to review its activities to determine if the action "may affect" any listed species or critical habitat. If so, the Federal agency must consult with the Fish and Wildlife Service and/or the National Marine Fisheries Service; (3) That the discharge will consist of suitable material free from toxic pollutants in toxic amounts; (4) That the fill created by the discharge will be properly maintained to prevent erosion and other non —point sources of pollution; (5) That the discharge will not occur in a compouent of the National Wild and Scenic River System. (6) The activity will not significantly disrupt the movement of those species of aquatic life indigenous to the vaterbody (unless the primary purpose of the fill is to impound water). (7) Any structure or fill authorized vill be properly maintained. (8) The activity, if it involves a structure, will not cause an unacceptable interference with navigation. THESE MANAGEMENT PRACTICES SHOULD BE FOLLOWED TO MINIMIZE ADVERSE EFFECTS ON THE AQUATIC ENVIRONMENT (1) Discharges of dredged or fill material into vaters of the United States shall be avoided or minimized through the use of practical alternatives; (2) Discharges in spawning areas during spawning seasons shall be avoided; (3) Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flbvs or cause the relocation of the water (unless the primary purpose of the fill is to impound vaters); (4) If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, shall be minimized; (5) Discharge in wetlands areas shall be avoided; (6) Heavy equipment working in wetlands shall be placed on mats; (7) Discharges into breeding areas for migratory waterfowl shall be avoided; (8) All temporary fills shall be removed in their entirety. Please see reverse side. MINNESOTA Authorization for the following activities, including dische:ges of dredged or fill material, is hereby permitted provided the notification procedures, of Section 330.7 are met. (See Inclosure 2.) 330.5(a)(76) — Discharges of dredged or fill material into the voters listed in paragraphs (a)(26)(i) and (ii) of this section except those which cause the loss or substantial adverse modification of 10 acres or more of voters of the United States, including vetlands. For discharges vbich cause the loss or substantial adverse modification of 1 to 10 acres of such voters, including vetlands, notifi— cation of the district engineer is required in accordance with Sectiou 330.7. (i) Non —tidal rivers, streams, and their lakes and impoundments, including adjacent vetlands, that are located above the beadvaters. (ii) Other non —tidal voters of the United States, including adjacent wetlands, that are not part of a surface tributary system to interstate voters or navigable voters of the United States (i.e., isolated voters). Incl 1 Please see reverse side. i 2�• J ? v tVEY FOR - Of SE6T/ON 35-//8-13 rv.✓y - r 1 • Lug e • of69 fir, i Bonestroo, Rosene;. Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 Engineers & Architects St. Paul, MN 55173 612.636.4600 September 11, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: Busy Beaver Day Care Access Road Permit Our File No. 139-1062 Dear Jeanne - tilt" G Runrrtuw,. J' L hodrn M Ru,rnr. J' I J-'ph C Andre/d, P E Brad/urd A /.rmhrr,. P.F H,rhord L Turner, P t Jomr, C Ulwn. P E 17�n <1< SEP 1 519� Glenn R C—A. P I Arun .1 Gurdun. J' E 1 humu, L .Yuyr,, 1' E. hu hold H' haler. PC RuhrrlG S,hum, h,, PE. .At-- 1 Sul -al.. P.E 1)—uld C' Brrpordl, P.E. Jerry A. Buurdun, P E. Alan A Ilan,un, P E. led A' Fnld, P F AM hart T Rummann, PE Robyn R Ypy/rrlr. I' L V—d 0 1 wl u/u, P I. /humu, N. Prrrnun, P E Ah,hwl C. Ll n, A. P L. A„rrn L. N'dfu, P E Jump R .Alalund, P.E. A:nnrlh P Andmon, P.E. Arnh A Bmh,.wnn, P.E. Alurk R hull,, P E. Rubrrr C R,nw1. A IA. Thumar E. An(u3, P L. S-11 I Yuuns. P L Churlrt A. En,A,un Uuntil .N. CN,un Su,an .Al Eb hn The access of the Busy Beavei Day Care as proposed is not approved due to unsafe site distances for traffic on Highway 12. It is suggested that the access be located at the southeast corner of the property opposite the Brick Church access. A turn lane should also be constructed for traffic from the east where a median currently exists. 'pon inspectiol, of the area, we suggest that access to the Busy Beaver Day Care be shared by the adjacent cemetery property to the east. This would enable the day care sufficient area to provide an access road, eliminate a dangerous access th currently exists to the cemetery anJ reduces the number of accesses onto the highway. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENF., ANDERLIK & A ATES, INC. P�� �Iv4gwcz Michael C. Lynch MCL:mb Encl. 7753d 30 Year Anniversary 4 MCAR § 7.012 2. A licensee shall not submit a materially false 2. A licensee t statement or fail to disclose a material fact iequestad in extent of his educatic connection with his application for certification or licensure to any person or to ti in this state or any other state. extent of his responsi • employment. 3. A licensee shall not further the application for certification or licensure of another person known by him to be 3. A licensee s unqualified in respect to character, education, or other or allow to be transmi relevant factor. or misleading informat training, or erperienc 4. A licensee shall not: associates, or joint v a. circumvent a Rule 3fessional Conduct thr�)ugn 4. A licensee a actions of another; pay, directly or indir whether in the form of b. engage in illegal conduct invol•✓ing moral tLrpitude; inducement to secure a from paying a commissi C. engage in conduct involving dishonesty, fraud, securing a salaried po deceit or misrepresentation; D. False or malici d. engage in conduct that adver3ely reilec, on his false or malicious eta fitness to practice his profession; directly or indirectly personal or profession e. permit his name or seal to be affixed to plans, member of his professi specifications or other documents which were not prepared by him or under his direct supervision. E. Knowledge of im B. Conflict of interest. 1. A licensee w believing that another 1. A licensee shall avo-d accepting a commission where statute or rule regula duty to the cli-nt, or the public, would conflict with the have the duty of pro -a: personal interest of the licezi:ae or V interest of another client. Prior to accepting such emplo-mcnt, the licensee sha1L 2. A licens_ disclose to a prospective client s,1rh acts as may give rise to violation, on the par. a conflict of interest. authorized representat to conduct an officit` 2. A licensee shall not accept compensation for services divulge such infori relating or pertaining to the same project from gore than one party unless there is a ur.{.;,y of interest between or among the F. Action by of parties to the projec,_ ara 'finless the licensee makes full without restoration o. disclosure and obtains the express consent of all parties from suspension of the cart. whom compensation will be tt:eived. another jurisdiction, . Minnesota would consti- 3. A licensee shall not, directly or indirectly, solicit shall be deemed to be , or accept any compensation, aratLity, or item of value from Conduct. Any licensee contractors, their agents or other persons dealing with the of compete-t jurisdict: client or employer in connection w4.th the work for rich the competency, be deemed ' licensee has been retained without the kr^w/edge i d approval of profession within the i the client or the employer. 326.11, subd. 2. Y irt; roper solicitation of emplc,- C. . Emplo ant on t] • employer, sh . ref` 1. A licensee shall seek and aila- cnly practice prohibit. professional work or employment the p:ofeL._onal i npxtent business, employ p. and qualified to perform by reason of education, tr ing or merit. experience. 22 Op 1'lIE RI:GUIJIR ORONU COUNCIL. MEETING HELD OCTOI ER 13, 1986 ,,1t)75 UURDA CONTINUED being that t' ,. nd stairs are approximately 25' from the edge u. '_,le po.id which is considered as part of Lake Minnetonka and therefore the 75' setback applies. Mayor Butler stated that it is her recommenc3;.tion that all plastic be removed due to the clo:,ness of the lake and that the decks be allowed if they meet the standards used for decks in minimizing the impact of hardcover. It was moved by Councilmember Callahan, seconded by Mayor Butler, to adopt Resolution #2065 amend_,ig it to require removal of all plasti:- not allowing the replacement with a geotechnical fah-?c. Motion, Ayes 2, Nays 1. Councilmember Frahm votau nay stating for the record that he wanted to indicate to Mr. Durda, Planning Commission, and future Council, that personally he has been "inched enough on this property and would look askant at anymore hardcover whether put in legally or illegally and would require it be taken out". #1077 INGEBORG CICI 875 WAYZATA BLVD. VARIANCE TO MORATORIUM City Administrator Bernhardson explained that prior to formal action by Planning Commission for Application #1062 Conditional Use Permit/Commercial Site Plan, Council must f -st act on approval of a variance to the temporary moratorium ordinance involving the Highway 12 Study Area, particularly as it relates to access. Additionally, because the only permitted access by MnDOT at this point is opposite the access drive of Vineyard of the Lake Church and could entail approximately $40- 50,000 for construction of a left turn lane and access road, Applicant wishes to find out if the City is interested in cost sharing of this project. Present for this matter were Mr. & Mrs. Ingeborg Cici and their selling agent Mary Weinzierl. Ms. Weinzierl stated that Mrs. Cici operates the Busy Beaver Day Care which has been in that location for 8 years with no accidents occuring during that time. She noted that in trying to get access from Hwy. 12, the City Engineer has proposed going as far east as'poss.,ble on the property and sharing an access with the cemetery. Because this is a real hazardous area, applicant. feels this should be a shared cost project due to it being a health and welfe-, issue ar-1 that others will be using this turn lane. 11 MINUTES OF THE REGULAIt ORONO COUNCIL. MEFTING HELD OCTOBER 13, 1986 #1077 CICI CONTINUED Mayor Butler stated that in the normal course of events, the necessary improvements to accomodate the developer are to be paid for by the developer. Mr. Cici, who is an engineer, reviewed with the Council, the access requirements and the alternate access he proposes that has been approved by the Corp of Engineers and is in the process of being approved by MnDOT. City Administrator Bernhardson asked applicants if the City Engineer approves their revised access prorosal which would solely serve their property, would they accept the total expense of construction? Mr. & Mrs. Cici stated they would agree with that. City Administrator Bernhardson stated that staff will refer this proposal to the City Engineer For his review. It was moved by Councilmember Frahm, seconded by Mayor Butler, to approve granting the variance to the Limited Development Moratorium. Motion, Ayes 3, Nays 0. ?NGINEER'S REPORT: PAYMENT #7 WK. MUEI.I.ER & SONS* WILLOW DRIVE/OLD CRYSTAL BAY OVERLAY It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve Request for Payment #7 to Wm. Mueller & Sons for Willow Drive/Old Crystal Bay Rd. Overlay in the amount of $8,329.20. M^*ion, Ayes 3, Nays 0. MAYOR'S REPORT: CABLE TV REPORT: Mayor Butler had no report. There was no Cable TV report. CITY ADMINISTRATOR'S REPORT: CARLSON/STEBBINS REQUEST FOR MUNICITAL SEWER City Administrator Bernhardson explained the letter from Bruce Carlson requesting Council to again review the issue of sewer for the property that Jeff Stebbins had requested sewer hookup last year, 2165 Watertown Road. He stated that the issue would involve amending the City's policy which states that sewer be permitted in rural zones for properties that abut sewer only as a last resort. 12 I TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: November 5, 1986 SUBJ: #1064 City of Orono, Spates Avenue Lift Station - Spates Avenue Right -of -Way and 1960 Shoreline Drive - After -the -Fact Conditional Use Permit and Variance Attached is a resolution of approval of the Spates Avenue Lift Station per Council's direction of 10/27/86. PROPOSED MOTION: Moved by , Seconded by , The City Council adopt resolution # for the granting of the conditional use permit and variances for placement of the lift station on Spates Avenue, Ayes Nays City of ORONO RESOLUTION OF THE CITY COUNCIL 4 NO. - -- --- i W ,!� A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3(D) AND GRANTING A VARIANCE TO SECTION 10.22, SUBDIVISION 2 FILE #1064 WHEREAS, the City of Orono (hereinafter "the applicant") )-as made formal application for an after -the -fact conditional use permit and variance per Municipal Zoning Code Section 10.20, Subdivision 3(D) to permit the construction of a municipal sewer lift station partially within the right-of-way of Spates Avenue west of Shoreline Drive, and partially within a proposed permanent easement on property located at 1960 Shoreline Drive within the City of Orono, and for a variance to Section 10.22, Subdivision 2 to permit additional hardcover on such properties, which hardcover resulted from construction of said lift station; and WHEREAS, the City constructed this lift station as part of the Crystal Bay Sewer Project which was approved by the City Council on April 22, 1985 with Resolution #1747, and approved this final location for the lift station at its July 22, 1985 meeting as part of Change Order #1, Crystal Bay Sewer 1985-1; and WHEREAS, Municipal Zoning Code Section 10.20, Subdivision 3(D) requires that a Conditional Use Permit be obtained for public service structures including lift stations, the granting of such permit subject to the condition that the architectural design of service structures shall be found to be compatible to tl.e neighborhood in which it is to be located and thus will promote the general welfare; and WHEREAS, Section 10.20, Subdiv= lion 3(D) also requires that no public service structure buildinc hall be located within 50 feet from any lot line of an abutting lot in an "R" District; and WHEREAS, the wording and requirements of Section 10.20, Subdivision 3 (D) have been .. part of the Orono Municipal Code since 1968 or earlier, but these requirements for a formal Conditional Use Perm application and hearing for lift stations have never been formally adhered to since that time; and WHEREAS, pursuant to the City's application for such a Conditional Use Permit, a public hearing was held by the Orono Planning Commission on August 18, 1986 at which time all comments by interested members of the public were heard. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ---- — .._ NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1064. 2. The lift station cover and control panel are located above the surrounding ground surface. It is questionable whether the lift station and control panel fit under the definition of a "building", however, for purposes of this application and to avoid future disputes, these structures are considered buildings requiring a 50' setback from any abutting lot lines in the LR-lA Zoning District. 3. The lift station cover and control panel are located 14 feet from the nearest lot line of residential property. The panel and lift station are located partially within the property located at 1960 Shoreline Drive which is zoned LR- lA but the use of which has storically been, and is currently, commercial. 4. The City Engineer has submitted a proposed landscape plan which proposes screening of the lift station cover and control panel using natural vegetation and plantings. 5. The Owner of the property located 14 feet from the lift station and control panel has voiced objection to the exsitence of the structures in the present location. The owner of the property on which the lift station is located has voiced no objection to the location. 6. The City Council finds that the existing location of the lift station and control panel was predicated on economic and technical factors, and the location chosen was the best location given those factors. 7. The City Council finds that the hardship ju .tifying the granting of a variance to the 50 foot setback requirement is that there is no location within the service area of the Crystal Bay Sewer Project in which it would have been econimically feasible and technically appropriate to place the lift station structure 50 feet from any abutting lot line. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. C. The City Council finds tY hardcover in the 75-250' setb right-of-way and at 1960 Sho protect the lift station from being that no other feasible lift station equipment from impervious surfaces above and iat the 180 s.f. of additional ack zone on the Spates Avenue reline Drive is necessary tv surface run-off, the hardship means exists to protect such the elements than to provide around such equipment. 9. The City finds that, with suitable landscaping as proposed by the City Engineer, the architectural design of the lift station and control panel structures is compatible to the neighborhood and is a necessary structure to the proper functioning of the Crystal Bay Sewer System and therefore will promote the general welfare. 10. The City Council finds that the design of the lift station is such that granting the variance for the lift station will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring properties. 11. The City Council finds that the conditions existing on this property in this situation are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstratable hardship or difficulty; is necessary to meet the applicant's responsibility to the residents of the City of Orono; and would be in keeping with the spirit and intent of the Zoning Code ai 3 Comprehensive Plan of the City. 12. The City Council finds that granting an after -the -fact conditional use permit to allow the construction of the lift station will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL a NO. CONCLUSION£, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Variance to the Municipal Zoning Code Section 10.20, Subdivision 3(D) to allow the construction of a municipal sewer lift station on Spates Avenue and partially located at 1960 Shoreline Drive to be located 14' from a residential property and located partially within a property in the LR-lA Zoning District where a 50 foot setback from such properties would normally be required, and grants a Conditional Use Permit for such structure, and grants a variance to allow the existing 180 s.f. of hardcover associated with the lift station, on right-of-way and at 1960 Shoreline Drive, to remain in place, subject to the following conditions: 1. The City staff shall obtain a permanent easement over and surrounding t-ie lift station and control panel, from the owner of the property on which the structures are located. If such an easement is not granted, staff shall commence proceedings to condemn for such an easement. 2. Appropriate landscaping and screening as proposed by the City Engineer shall be completed within 6 months of the effective date of this resolution. Adopted by the Orono City Council on this 10th day of November, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 4 cf 4 To: Mayor Butler ,L Mark E. Bernhardson, City Administrator Orono Council Members ot. From: Michael P. Gaffron, T ra Assistant Planning & Zoning Administrator �� L"+V Date: November 4, 1986 Subject: #1070 Richard Rinehart, 985 Old Long Lake Road - Variance - Final Resolution Per Council 4-0 vote to approve on 10/27/86, attached is a resolution of approval for your review. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1070 WHEREAS, Richard Rinehart (hereinafter "the applicant") is the owner of the property located at 985 Old Long Lake Road within the City of Orono (hereinafter "City") and legally described as follows: The West 90 feet of that part of the East � of the Southeast 1/4 of Section 35, Township 118, Range 23, Hennepin County, Minnesota, lying North of Highway 12, except road, (hereinafter "the property"); and WHEREAS, the applicant h= , applied to the City for a variance to Municipal Zoning Code Sec�ion 10.28, Subdivision 5 (B) to permit the construction of an attached garage to be located 0.6 feet from the side lot line where a 30 foot side yard setback is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1070. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 20, 1986, and recommended approval of the proposed variance based upon the following findings: A) The applicant has constructed a slab located 0.6 feet from the lot line. B) The proposed garage on this slab can be contructed so there will be no structural encroachment into the neighboring yard. C) The house on the adjacent affected property is at least 60' away, hence the rural character of the area will be maintained. D) The owner of the adjacent FffPcted property has submitted a letter of non-objectic++ to `-paving the garage near his property line. Page 1 of 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. E) There are specific hardships in locating the proposed garage at any other location on the lot, that justify granting of variances for the proposed site: 1. Location of septic tanks limits feasible garage locations; 2. Existing topography and grading work completed limits feasible garage locations; 3. Narrowness or the lot, lack of turn -around space, both create the problems in locating a backup apron; 4. The need for additional fi11 at any other location on the site, which would endanger existing mature trees and drainfield; 5. Applicants desire to or, serve views from rear picture window. F) It is imperative that a backup apron be provided on the site to avoid having to back cars onto Old Long Lake Road where the sight distance is poor. G) The proposed garage will not affect existing drainage atterns in the neighborhood. 4. City Council has considered this application including I -le idings and recommendations of the Planning Commission, repo s by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare r e community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely rve as a convenience to the applicant, but iS necessary tc. alleviate a demonstrable hardship or diffiCL'.ty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal 'Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached garage located 0.6 feet from the side lot line where a 30 foct side setback is normally required, subject to the following conditions: Page 2 of 4 Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. The garage shall be cor.structP-1 so that here is no overhang encroachment closer than 0.6 feet to the lou .ine. 2. The garage is approved at a one-story height. If a second story or second level is ever proposed in the future, that will requite an additional variance application. 3. Authorities granted by this variance r with the property not with the - plicant, but a*-� permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 10, 1987). 4. Violation of or non-compiiance with any of the terms and conditions of this variance shall constitute a violation of the zoning code; shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigne-1. applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the -cording of thiF resolution in the chain of title of the proper' Adopted by the Orono C-ty Council o,. this lCth day of November, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butt-er, Mayor Property Owner(s) Page 3 of 4 j ; Mayor Butler Mark Bernhardson, City Administrator Gro.lo Council Members FROM: Michae e. Gaffron, Assistar;t Zoning Administrator DATE: November 6. - 36 SOBJ: #1076 Ward Krueger, 205 - 215 Hollander Road - Lot Line Rearrangement - Final Resclution Ust of :..i:ibits A - Memo and Exhibits of 9/10/86 B - Planning Commission Minutes 9/15/86 C - Septic. Site Layout D - Copy of Final Lot Line Layout. E - Resolution This is a reauest for a rearrangement of t.ne lot lines betuer existing 2-acre lots within the Holly Acres 2nd Ad'ition. apparent purpose of the rearrangement is '-.o m-ke t. - ites . suitable for constiuction of ­,ingi- family residt ces. LLiu southwesterly lot contains an ex ing resi('c-nce. The other two 1• is are vacant. Plann.,ng Commission reviewed thi .ication on September 15, iHr� -1 recommended approval suL - 0 l a l l lots meeting the 2.�i _ter minimum lot size requiremeii , a additional r - ,.ic testing to find suitable primary and all to drainfield ai�es on the tasterly parcel. The applicant's surveyor ha rt;i vised the proposal so nat each final lot exce -re requirement. The appli.c;.: •.'s site evaluator soil testing verifying th-t pri •y and alternate ..,.e5 exist on the easterly 1nt. P_ vious testing ha V. _wield sites on the two westerly lets, The arplicarlL -iaa met the r^qua.iewznts of t,,e City f,,.c a lot line xearra.:,( -ent. Staff recommends approval per tfie attached -- ,soluti( We would cote f( .he record that residents of Hollander Road have voiced a c-)ncern that Mr. Krueger is occupying the residence At. 225 llanc?er Roam without a Certificate of Occupancy. Those jighbc . a ma•i axprens their corcer^s at the Council mee'.. n. Staff har a final 4nspectior ssuance of the Certif,^a_. of Occupant _)n that Vroperty i. �c�r ,ary 198u and U-: ly it and we nci a tnat Krueq._r h,s apparently occupied the re...dence wi thor : cne required Cer i f i cate of occupancy. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEK3-NT FOR WARD KRUEGER FILE NO. 1076 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (her.. fter "City Council") has adopted s `-division regulations for the oi.._.rly, economic and ife development . land within the City; and WHER=.AS, the City Council has considered ap tion for a subdivision by Ward Krueger (hereinafter "th 1.) er") of properties legally described as follows: L R 3, 4, and 5, Block 1, Holly Acres 2nd Addition, Hennepin ty, Minnesota, (hereinafter "the property"); and WHEREAT, the ibdivider has completed all requirements of City for metes and hjunds subdivision for division and combination put -poses. NOW, THErtizFORE, BF IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds divis;on of a lot line rearrangement for Ward :'rueger as shown 'he Certificat- of Survey by Gary L. Gabriel date October loth, ,986 and att-shed to this resolution as Exhibit A, su,iec* to the following condi;..ons: 1. Upon appr(, ' of the subu-Lvision by the City :7our.cil of Orono, the owr of Parcels A, B, C, D, E, and F as de!;,~r.;'c,2d in the Certificac. f Purvey r.eferencee ajove must apply to the Clty for legal combinat_' )n for tax purposes - follows: A) Parcel A must be combined with Parcel B- B) Parcel C must be combined with Parcel D. C) ', reel E mus, be combir with Parcel F. 2. The afor_,said division as shown on the attached Certificate of Su:, vey shall be fi leA by the City of Orono with the Hennepin County Recorder's office on or before May 10, 1987 together with a certified original copy of this resolutiu!i. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by '.:he City Council of Orono, Minnesota, this loth day of November, i38E ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 2 of 2 To: Mayor ' cler Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: September 10, 1986 Subject: #1076 Ward Krueger, 205-215 Hollander Road - Lot Line Rearrangement - Public Hearing Zoning District - RR-lB Application - Rearrange interior lot lines of 3 existing 2-acre lots. List of Exhibits Exhibit A - Applicati-n Exhibit B - Plat Map Exhibit C - Property Owners List. Exhibit D - Survey Exhibit E - Site Plan With Septic Locations Exhibit F - Topography and Septic Locations Pertinent Fact=: Lot 3 (215 Hollander - Existing House) - Existing = 2.0 Acres - Proposed to be Tract 3 (F & F) Proposed = 2.047 Acres Lot 4 (205 Hollander - Vacant) Existing = 2.0 Acres - Proposed to be Tract 1 (A & B) Proposed = 1.966 Acres Lot 5 (99 Sixth Avenue North - Vacant) Existing = 2.3 Acres - PrvI.cbed to be Tract 2 (C & D) Proposed = 2.267 Acres Discussion: This is a request to rearrange ex:.,ing lot 1-Ines to create lots which are perhaps more usable given the topography of the site. The proposal does not create any new lots. The existing house on Tract 3 will not be adversely affected by the proposal. The County has previously granted an access off County Road 6 for Tract 2. Note from the septic site diagram that Tracts J and 3 will still ha- tested primary and alternate drainfield sites within their be ries. but Tract 2 loses rest of its previously tested area. Ad, onal testing on Tract 2 wig' be required before the proposal is brought to the Council. Due to sandy soils found throughout this subdivision, staff does not expect any problems with soils on Tract 2. Zoning File #1076 September 10, 1986 Page 2 Note that Tract 1 is proposed at slightly under 2 acres (1.966 acres or 98.3%). The division was proposed as it is to make use of existing corner pins and to create parallel lot lines on Tract 2. This does mean that Tract 1 technically requires a lot area variance, which is not a common practice, although the density is still 2+ acres for the division. The alternative is to make Tract 1. larger by moving the west line of Tract 2 east about 4 � feet. Measured parallel to County Road 6, Tract 2 will still have a width of just over 2001. Staff would rather see this line moved than to try to gain area from Tract 3 by moving the south line of Tract 1, since this might cause an encroachment on the existing drainfield of Tract 3. Staff Recommendation: Staff recommends approval subject to moving the west line of Tract 2 easterly so that Tract 1 will mef_t the 2.0 acre area standard, and subject to septic testing for Trac'- 2 be submitted and approved prior to Council review of the applica;A on, finding that under these conditions the proposal meets all lot standards of the RR-lB zone. r-4-1;" o,_- Z is '" 21) j r- Date Rec' d -9-aV- 6(o • =' By T71) Fee Rec'd.*dSD.Da CITY OF ORONO 19&13 SUBDIVISION AP;L rATIOW-VORM ------------------- ------------------------•------------- -- p APPLICANT Name Telephone%� �,C� Mailing Address o o?S �l�sl4G!/�i�CJ, . e&79� PROPERTY Name _ Telephone OWNER Mailing Address (Attach list if more than one) -------------------------------------------------------------------------- PROPERTY LOCATION /t �/ Street Address �� o� 9C� W&f �'�, 4 Property Identification No. ( P. I . D. ) '�06- 11J - A 3 ya oco, Z Complete Legal Description to be attached to application ------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size 7� Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check) Residenti no. of units O ecify) Present zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Existing Units New Units Total Units Proposed Gross Density M.inimunt. Lot Size: Proposed Use: (check) Units per 4:�' Acres Square Feet Dry Buildable Land RP ;idential ec' y ) ------------------------------------------------------------------------- (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 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 /%Departmentof�Finance A-603 Government Center 3 4 8- 3 2 7! e�Os �\-�" Stamped, legal sizedenvelopes(#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date d�----------------------------------------------------------- Sketch Plan Review (Class I, II & III) $150.00 Preliminary Review (Class I & II Subdivisions) $250.00 _ Preliminary Review $300.00 plus (Class III and all nor. -residential) 20.00/lot Final Plat Review (Class III) $150.00* *(Plus any legal or engine ring charges) -------------------------------------------------------------------------- Applicant has read the above and hereby agrees to 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 Signat Owner's Signature ------------------ ;i Dat Date Appl.Lcant must have all submittals into___Uhe City offices 25 days before the Planning Commission Meeting. Planning CommisEion Meetinys are usually held on the third Monday of each month. 1 a • . `ems` ey 1 Nc 1 � CK 142SI _ •ri Zf Eaaf '`het % .J y 2 IL c • J 4� oy HOLLANDER eft we. vs t7 RD • 3 <<a) LY � ' - is c• � sc; . ��� a js ., ° . .. EAST ?:top .• t•I.! BROOKS GREEN s"" s"" a O '� 031 i (,Z) Z3 Z, s (Ivy J ..fir; \�, RUN DATE 08/10/86 BATCH 005 38 25-118-23 41 0001 PR06' ADDR 00300 SIXTH AVE N CW.,ER NAME DOUGLAS DAYTON ETAL TAXPAYER DOUGLAS J DAYTON NAME/ADDR 300 CO RD NO 6 WAYZATA M!: 55391 r 38 25-118-23 44 0002 PPOP ADOR CWN-^ NAME ST EDWARDS EPISCL CH TAXr . 'Q ST EDWARGS EPISCOPAL CHUR 00, NAME/;.UDR P 0 BOX 71 WAYZATA MN 553'1 38 25-118-23 44 0008 PROP ADDR 00215 HOLLANDER PO C'a,'ER NAME HILDUR fl HOLLANDER or. TAXPAYER WARD KRUEGER ?.A E/ADDR 259 HOLLANDER RD WAYZATA MN 55391 38 36-118-23 11 0012 PPOP ADDR 00785 FERNDALE RD N WNER NAME ALLEGRA W PARKER TAXPAYER PAUL L & ALLEGRA W PARKER. 1:A'1E/A00R 785 FERNDALE RD N WAYZATA MN 55391 r F?CP ADOP Cw:J'cR NAME TAXPAYER TOTAL BATCH NAME/ADDR r 005 00012 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 25-118-23 43 0019 CO250 HOLLANDER RD HILDUR P HOLLANDER HILDUR 1' HOLLANDER 250 HOLLANDER RD WAYZATA MN 55391 38 25-118-23 44 0005 00200 HOLLANDER RD HILDUR P HOLLANDER HILDUR P HOLLANDER 250 HOLLANDER RD WAYZATA MN 55391 38 25-118-23 44 0009 00205 HOLLANDER RD HILCUR P HOLLANDER WARD KRUEGER 259 HOLLANDER RD WAY'ATA MN 55391 38 36-118-23 11 0013 P & A PARKER PAUL L PARKER 785 N FERNDALE RD CRONO MN 55391 REPORT NO. PI435401 PAGE 10 38 25-118-23 43 0026 00235 HOLLANDER RD BFHILL &ME HILL EPIAN & MARGARET HILL 23S HOLLANDER RD Or- "4 55391 38 25-118-23 44 0007 00225 HOLLANDER RD HILDUR P HOLLANDER V!P.D KRUEGER <^59 HOLLANDER RD WAYZATA MN 55391 33 25-118-23 44 0010 00099 SIXTH AVE N HILDUR P HOLLANDER WARD KRUEGER 259 HOLLANDER RD WAYZATA MN 55391 38 36-118-23 11 0014 00765 FERNDALE PD N S V & R SHANEDLING STANLEY V SHANEDLING 765 NO FERNDALE RD C,G :O M4 55391 /` LEGAL DESCRIPTION TRACT 1 Parcel A That part of Lot 4, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded plat *.hereof, lying northerly of a line drawn northwesterly from the southeast corner of said Lot 4 to a point on the northwesterly line of said Lot 4, distant 231.69 feet southwest of the northwest corner thereof. Parcel B That part of Lot 5, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded flat thereof, lying westerly of a line drawn southerly from the northwest corner of said Lot 5 to a point on the southwesterly line of said Lot 5, distant 244.07 faet northwest of the southeast corner thereof. a AREA = 1.966 acres 85,618 Sq. Ft. TRACT 2 Parcel C That part of Lot 5, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded plat thereof, lying easterly of a line drawn southerly from the northwest corner of said Lot 5 to a point on the south�_sterly line of sai.: Lot 5, distant 244.07 feet northwest of the south;-sst corner thereof. Parcel D That part of Lot 3, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the cecordec! thereof, lying easterly of a line drawn southerly from a ,s-,�lnt on the northeasterly line of said Lot 3, distant 244.07 feet northwest of the northeast corner of said Lot 3, to a point on the south line of said Lot 3, dis- tant 196.94 feet west of the southeast corner thereof. AREA = 2. Acres 98,734.08 Sq. Ft.. TRACT 3 Parcel E That part of Lot 3, Block 1, HOLLY ACRES 2ND ADDITION, accord- ing to the recorded plat therecf, lying westerly of a line dtawnfrom a point on the northeasterly line of said Lot 3, dis- tant 244.07 feet nor i-,west of the northeast corner of said Lot 3 t- a point on the ,outh line of said Lot 3 distant 196.94 fees west of the southeast corner thereof. TRACT 3 Parcel F That part of I.ot 4, Block 1, HOLLY ACRE") 2ND ADDITION, accord- ing to the recorded plat thereof, lying southerly of a line drawn northwesterly from the �3ou_-heast corner of said Lot 4 to a point on the northwesterly line of said Lot 4, distant 231 i9 feet southwest of the northwest corner thereof. AREA = 2.047 Acres 89,674.24 Sq. Ft. � hq, SOT �p�f a q o ^P O M A W co O� �L c� Q7ry ti c R , Ay/G� , +�9 4a ,33 e>>92 "�A)e J. C . 8p Off` ^ 2 S'�•�3 4 / I2 7 3a E' T RSA C T i A ` o- r ¢- P Q't' 01 W Xsa3 Co . 7. TRACT TRACT E 3 5 89. 45' 35' w NE CORNEA r�LIT 3 CORNER 3 v"27c 46 \__ \ AGPt , al Ir 1 n�; !I r-72 JX-I MiNAR✓ lit( xf jop • .w-�' tiEAJN. co g S r R•� ti �/ 24q 3� 4�' g2 �� � N� Q ^a c Q N V 41 / 4 e 'r 4 TRACT 0P3 / A V6 v' sit p SSve K P- W P• 1. .a :4•3 d co, i 1V` 1 ,o TRACT 2 � O v C 110. TRACT 3 4. E nA eS r #:�. pt T b'• ( envy\t 19 10 / SS 178 IF 19694 5 89' 4`. {` W tiI •.N SE COME 'n- t ^.•.U.cell.IP.,IP.. M.'r u. Me tJ•r.[I 'ep.M••1.1 y'o . i.NW rN ewnJY V1 of tP..ef. rr• b.e'.-d MN er I.. M.b." r',e, 1r , N IEL .^r In..en . e r' I.I.W. • K•o.clav n I . , Ile a• • u.e wi +, INC. hw •.v .i wvev.a �. rn. ro I _ ^.. of ._-- —... ------ 1•_ MINUTES OF THE PLANNING COMMISSION MEETING HEILD SEPTEMBER 15, 1986 ATTENDANCE 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Goetten, McDonald, and Ranson. Bellows arrived at 7:45 P.M. Rovegno was absent. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Adm-.- ;trator Gaffron, and City Recorder Peterson. Councilmember Grabek was also present. #1076 WARD KRUEGER 05 215 HOLLANDER ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC BEARING 7:30-7:34 The Affidavit. of Publication and Certificate of Mailing was noted. card Krueger was not present for this matter. A+Ist. Zoning Administrator Gaffron explained the request to rearrange existing lot lines to create lots which are more useable given the topography of the site. He noted that Tracts 1 and 3 will still have tested primary and alternate drainfield sites within_ their boundaries, but Tract 2 loses most of its previously tested area recommending that additional testing of Tract 2 be required before the proposal is brought to the Council. Staff also recommends that all three lots meet the 2- acre area standard. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by McDonald, to recommend approval subject to staff recommendation: 1) Moving the west line of Tract 2 easterly so that Tract 1 will meet the 2.0 acre area standard. 2) Septic testing for tract 2 be submitted and approved prior to Council review. Motion, Ayes 5, Nays 0. (Bellows not present to vote) #1077 INGEBORG CICI 875 WAYZATA BOULEVARD VARIANCE PUBLIC HEARING 7:54-1:56 The Affidavit of Publication and Certificate oT Mailing was noted. Mrs. Ingeborg Cici and Christine Cici were present, as was applicant's realtor, Mary Weinzierl. 1 . - J, lII * ��,, 1 151( I.d / I✓i� �1i''.•tii fl ' l��i /� _ '.� • .! o. ' J ' J, � '%e� �• �!13.�:i. � •➢ Ije /. °jam•• '�`' � 1 � �/ s�`� ' � � IA Al ec Pp it / i i ,.. • .•'� i ., - . •�� r I��1' ;r, \.� P• � �• •/ / Jar � •�t•a l�,f - ' / `I• ! �. r��• .... .mil. �.i �.. � J r._ _._�� ._..i - - — - 1 1.1• r� �• N rml nLs •.�n L•!•w•....p•. Iw aw. {.,1 1. 1 NI \. .r.at {, Rta •"N{ h tw..lw .f•f11.•.•.I N.< N ••• •.• .w CO;N, NN • 11. .'«. 1 Lw\•.LN1 IN •N.•.w, »..y.•. 4 M,t..•.. •NN IIN�N•N;• Nw N 1•.w .. 4 M.•.N, . N •Ntti.. �,.,t• o L h�Gh�.N.I.t•.M, .... . r.• •yy AYH .wNN•N: wl;. «�/, M .N:•N «... , •�. ;;, �"w�N :::»:.:• M,. Ob a , .•B, �l Iw.. I..w. »Nt .,.1N N. K lQ .i Mry • n t �• M1 w•1 NON IN ., .,NI .Mtl w•Il Mlr,w, N.•..•N 1�• ti . <. IN N/N . � ,INNN N... � � r F wn.w•a tr NNN•.l .r..l»I::.N.• wL.p p + TRACT I l 2 Q L-{ /! i~:r N ww :,;11•«.w IM{. N•,. Iw Iw,•.w <«•.N A � i n . ,M•Iw • N N NiN . l•a \.. N...�,p w �«IL� � 1..1 . f.lry N.N N. •,. .A i •.J / � �l f ♦ R ♦ � '11 � l..\ NN N tN .. nN. 1, wt{. wN\ s N.mw. NN•.w N lly NNNN 1•N W.N.. ......• • .. M• N.....♦ f•N • MIN N \N .....«II••If'I.� \ V. • - • •. N•• IN f~I•N ••a f11.N f•N w.•.NM N tw ••N..••, .•.N. N NLIf . N TRACT 2 d Mw11•N wNN.INf w.1,N N N.� \N 1 •.NNI W.f1 •M �• (` C .� .. W .w.NwT,N •LL �iw•�l . +:N N'I:.w•1w1.';.~M 1»�• 1 M N.w,I)I•w •..:•.w y 4• ��a ate!" : M,r•L • Ir N.\•w•L •••Nr aN•aw•, wf.Nt `IO. [M. N•N .1.IM N. r,. JC TRACT 3 � � _ '� � NN 114 •N.NI N,1 w•y <..•w.. •.N`•. N. N .«r. ... . N.. .f Co . c,•n w Nwwn tw.f1 N ww111. S M•.S 35'- • it . 11N M '•\.,�:. ,N Nf f1..N.• N •w l.t f CM.. r N [n • IN IN i • till ...1•11 • ww1 Mw.Nr• N uN•. LOT DIVISION AND CONSOLIDATION PREPAQED FCA LOTS 3. 4 AND 5. BLOCK 1. HOLLY ACRES 2ND ADDITION ��,�,WARD KRUEGER DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED _ Z-7146 ADDRESS 2ZZ y V' OWNER CONTR. TELEPHONE NO. FOOTING ❑ PLUMBING ki ❑ SITE INSPECTION = FRAMING C PLUMBING FINAL ❑ EXCAV./GRADING,FILLING ❑ INSULATION ❑ MECHANICAL ❑ LAKESHORE/WETLANDS WALL BD ❑ WATER HOOKUP ❑ LICENSING 1 FINAL ❑ METER SET/TURN ON n COMPLAINT _ PROGRESS C SEWER HOOKUP ❑ FOLLOW-UP DEMOL. ❑ SEPTIC INSTALL (71 SEPTIC FINAL 1 FIRE PREV ❑ SEPTIC MAINT O FIREPLACE/WOOD BURNER WELL TEST PUMP ❑ ' COMMENTS: WORK SATISFACTORY PROCEED 7 PHOTO TAKEN CORRECT WORK 8 PROCEED CORRECT, WORK CAL! FOR REINSPECTION BEFORE COVERING RRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN STOP ORDER POSTED CALL INSPECTOR "7 INSPECTION REQUIRED CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner v White Copy/Inspector's File 473-7357 Gold Copy/Site Notice DATETIME CITY OF ORONO CALLEDIN X �� • C'� CI r INSPECTIONfftII-TIC SCHEDULED PERMIT NO. DJj COMPLETED 7-Zy •`3L ADDRESS go I CI ha-ie_v, OWNER CONTR. ^� TELEPHONE NO. ❑ FOOTING ❑ PLUM8ING Al SITE INSPECTr— ❑ FRAMING ❑ PLUMBING FINAL EXCAV'GRADING • .' j ❑ INSULATION ❑ MECHANICAL "' LAKESHORE'WETLA% h1 WALL BD ❑ WATER HOOKUP LICENSING '; LU X FINAL O METER SET/TURN ON COMPLAINT PROGRESS U SEWER HOOKUP FOLLOW-UP DEMOL O SEPTIC INSTALL = SEPTIC FINAL Q FIRE PREY ❑ SEPTIC MAINT FIREPLACE'WOCD 91jR%ER Z ❑ WELL TEST PUMP COMMENTS: QN R IL 89I 0C.,l N Iry < rra.iA,, SC•'\c r' � - i � Svrr.� �tan.n C1�.tP,c ►�►ti•` cT— ��.= r--rim, �< • -tc- J AL rzoury.In- St' 'itrP n,=f o r.4TIV txvl^5 CC � l LINT' AT S•nc/Lc-, CC 0 C.oe 2-Q-Crr L,vc k k i r*j d C A cc_ 'i C /,)C ! N5f%K T, C� w Q Z 4 c ?l f r S ' C= j d W CC : WORK SATISFACTORY PROCEED PHOTO TAKEN QW V ❑ CORRECT WORK 8 PROCEED WCORRECT WOR F R REINSPECTION ORRECT U AFE CONDITION WITHIN HOURS INSPFCTOR WILL RETURN STOP ORDER POSTED CALL INSPECTOR INSPECTION REQUIRED CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr. on site Inspector_ L _ White Copy/Inspector's File 473-7357 Gold Copy/Site NotLut ;' TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: November 6, 1986 SUBJ: #1078 John Massopust, 440 S. Brown Road, and Longridge Associates (W.r. MacMillan) - Conditional Use Permit - Resolution List of Exhibits - A - Memo and Exhibits of 10/16/86 B - P1, =ing Commission Minutes 10/20/86 C - Resolution This is a request for a Conditional Use Permit for grading of -i pond. This is an existing low area that intermittently holes water but is not s designated wetland. Please review the memo and exh- pits of 10/16/86. Planning Commission at their meeting of 1 /20/86 recommended approval of the Conditional Use Permit for grading subject to: 1. Applicants granting a conservation and flowage easement over the pond area. 2. Appropriate erosion controls be taken. 3. Applicant is notified that future home additions must be no closer than 26' to the wetland. A resolution reflecting the Planning Commission recommendation is attached for Council's review. City of oR(ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1078 WHEREAS, John B. Massopust and Longridge Associates (herein- after "the applicants") are the owners of the property located at and near 440 Brown Road South located within the City of Orono (hereinafter "Ci' y") and legally des(ribed as follows: Lot 3, Block, 1 Stronghold, Hennepin County, Minnesota; and The following described property in Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian: Commencing at the Northeast corner of the Northeast 1/4 of the Southeast 1/4, then South 380 feet to a point 936.4 feet North of the Southeast corner of the Northeast 1/4 of the Southeast 1/4, then Westerly parallel with the South line thereof 456.05 feet, then deflecting 89 degrees 45 minutes to the left a distance 191.55 feet, then Westerly parallel with the South line of the Northeast 1/4 of the Southeast 1/4 a distance 872.75 feet to a point in the west line thereof a distance 744.85 feet North from the Southwest corner thereof, then North 580 feet to the Northwest corner thereof, then East to the point of beginning, (hereinafter "property); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use PErmit to permit grading and excavation of a wildlife pond per Municipal Zc; ing Code Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1078. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. On October 20, 1986, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that: A) The pond area in question is not a designated wetland. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCi j NO. Pik r��111�Li�;1 B) The pond apparently existed previously as a pond only on an intermittent basis, as indicated by inundated trees present at the perimeter of the existing basin, noting no cattails or other characteristic wetland vegetation at the site. C) The pond area may have previously had an outlet which was filled in during construction of the private road and cul-de-sac. 4. The pond is at a very high point in the watershed of Lake Minnetonka, and as previously existed had insignificant value as a storage or nutrient retention area by virtue of a fairly small influent watershed. 5. This proposal to excavate tY, center of the pond area and fill at the perimeter will provide no designated outlet point, creating a basin that by design will capture and retain the current run-off inflow, hence additional storage and nutrient retention will be provided in the watershed, which is a benefit to Lake Minnetonka. 6. The City Council has considered this application including the findings and recommendations of the Plannina Commission, reports by staff and comments of Che applicant and the effect of the proposed use on the health, safety and welfare of the community. 7. The City Council finds that granting a Conditional Use Permit to allow the grading and filling in this pond area will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate sur-ounding property values and that the proposed level of use of the property will be in keeping with the intent and cbjectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or. more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the grading an' excavation of a wildlife pond, subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. Applicants shall grant a Conservation and Flowage Easement to the City over the pond area. 2. Ap•-icants and applicants' contractor shall provide appropriate erosion control measures as required by the City Inspector. 3. The pond banks and disturbed area shall be re -vegetated as soon as feasible following completion of the excavation and grading. 4. The applicants are advised that upon granting of a Conservation and Flowage Easement over the pond, the pond becomes a designated wetland subject to the 26' wetlands setback. No future additions to the house at 440 Brown Road South may extend closer than 26' to the edge of the pond. 5. The appliL •ts' contractor shall obtain a grading permit prior to commencement of the work on the pond. 6. Violation of or non-compliance 4v;th any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth day of November, 1986. AT^EST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owners I'arre 3 of 4 To: Mari Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Com-nissicn :Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 16, 1986 ,,, Do SuLject: #1078 John B. Massopust, 440 Brown Road South - Conditional Use Permit - Public Hearing Zoning District - RR-lB Application - Excavate and fill to create a more suitable water fowl pond from existing pond - not a designated wetland. List of Exhibits Exhibit A - Application/Letter of Request/Agreement Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Excavation/Fill Plans Exhibit E - Survey/Topography/Wetland Airphoto Overlay Pertinent Facts: This is not a designated wetland Existing pond is a low area that holds water, apparently more this year than in other years, as indicated by inundated trees at perimeter, but no cattails. - It is possible that pond outlet may have previously existed but was filled in somewhat by excess material when private road was built. Pond is at very high point in Lake Minnetonka watershed, has insignificant value as storage or nutrient retention area by virtue of a fairly small influent. watershed. Proposal to excavate and fill indicates there will not be an overflow outlet, hence design is to capture and hold the entire current runoff inflow - this will actually be a benefit to the Lake Minnetonka watershed. /_ire' '/ tj '. � •�/�� ;y -7., r.. A T it tf' Zoninq File #1078 October 16, 1986 Page 2 of 2 Discussion: City Engineer, Glenn Cook, reviewed the site with applicbiit on 10/16/8E. Cook rioted that the water is apparently higher than it has been in the past as evidenced by large trees not standing in the water. The property contains many dead or dying trees at the perimeter of the pond and the pronosad excavation of the pond and spoil di sposa 1 at the perimeter v: i 1 1 help to "dress -up" the pond, make it more functional and attractive to waterfowl, and retain the entire runoff from thL. pond's watershed. Applicant notes he has omitted islands or nesting sites aecause they may become an attractive nuisance to his children. Staff Recommendation: Given Glenn Cook's favorable comments and support of the project, staff recommends approval per the proposed plans. All dredge spoils must remain on the site at the perimeter of the pond. Vegetation to be re-established around the pond as soon as is feasible. No need for special er.osior protection measures is anticipated. Applicant is advised to contact the Minnehaha Creek Watershed District to determine whether_ they will require a permit, although this project would not appear to be of the magnitude or consequence normally requiring MCWD review. , r rY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION 1. 440 South Brown Road, Orono, MN 55391 Site Address 2. Unplatted 03 117 23 County Code 41303 Plat 2400 -c Property Identification Number (P.I.D.) 2_ 1. 117-23 41 001 Please check one - Is the property 2. 1. aostract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT 1. John Massopust, 440 South Brown Road, Orono, MN 55391 W:349-8540 Name Z. Lonaridge Associates Phone c/o W. D. MacMillan -Dept. 28, P. O. Box 9300, riinneapolis, MN Mailing Address 55440 ---------------------------------------------------------------------------- OWNER Name Same as above Phone Mailing Address 1. May 1983 Date Property Acquired 2. July 1978 (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use X $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule 777-77-1 Other Applications $250.00 Vacation ,lj SEP " 3 10 $250.00 Rezoning $100.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District 1. Residential Present Use of Property 2. Raw Land Residential Other (specify) --------------------------------------------•------------------------------ DESCRIPTION OF REQUEST Describe request in detail: Excavate low-lying wetlands with a drag line or other earth moving equipment to create water fowl pond. Approximate size of pond shall be 80 x 60' and it will have a depth of 3 1/2 to 5 feet. The approximate location of the pond is shown on the attached plat map -----------------------------•---------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-"03 Government Center 348-3271) 3. Stamped, legal sized envelopes (U10) pre -addressed to each of the na...-s on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. ---•----------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember the..t your application is not complete if the above information has not been included. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of hi /he,r knowledge. Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of yb s recest. l Owner's signature `� / i Date 2. Partner, Longriage Associates 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. 440 Brown Road South Wayzata, MN 55391 August 29, 1986 Ms. Jeanne A. Mabusth Building & Zoning Administrator CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 RE: Land Use Apr)lication 440 Brown Road South Dear Ms. Mabus =h : As we have previously discussed, I would like to upgrade the "mud hole" that sits directly below my home into a wildlife pond that will provide a suitable habitat for wildlife and be more aesthetically pleasing. This low lying area is not a designated wetland. Pursuant to your suggestion, I have contacted the U.S. Department of Agriculture, Soil Conservation Service, and have contacted one of their suggested "earth moving vendors" to perform the work. The application has been signed by both myself and Duncan MacMillan, as partner of Longridge Associates, since the low lying area actually extends onto their property as well as mine. For vour information, I have enclosed a copy of our agreement with Longridge Associates. We intend to perform the work this fall so the pond will be able to accumulate the spring runoff. I have enclosed the following documentation, together with a check for $200.00, to facilitate your consideration of my request. 1. Completed application form; 2. Certified Property Owners List; t Ms. Jeanne A. Mabusth -- 8/29/86 3. Stamped, legal -size envelopes (#10) pre -addressed to each of the above property owners; 4. A sketch of the proposed construction; and 5. The relevant section of the plat map with an "X" marked at the approximate location of the low lying area. 2 Thank you for your time and consideration of ,nis proposal. If I can be c)' further assistance, or if you need additional informatio;i, please do not hesitate to contact me (home - 473-2424: office - 349-8540). Ve truly yours, John B. Massopust JBM/nml Enclosures y �(_AFFMFTTT AGREEMENT (the "-, reement") made the 6th day of June, 1986 by and between John and L.::ida Massopust ("Massopusts") and Longridge Associates, a Minnesota General Partnership ("Longridge"). RECITALS: Massopusts own a parcel cf property located at 440 South Brown Road, Orono, Minnesota (the "Property"). The Property is adjacent to land owned by Longridge (the "Longridge Property"). There is a pond on the Property which extends onto the Longridge Property. Massopusts desire to upgrade the pond, at their expense, and require that Longridge join in applying for City of Orono permission in order to do so. Massopusts represent that this is the only permission required and Longridge is agreeable to joining in applying for such permission. AGREEMENT: 1. Longridge will sign with Massopusts, the General Land Use Application which the Massopusts will present to the City of Orono seeking permission to upgrade the pond. 2. Massopusts will do all necessary and pay all costs and expenses associated with the application and the work of upgrading the pond. 3. The work is to commence promptly upon receiving the City of Orono permission and continue to prompt conclusion (estimated to be accomplished within three weeks of commencing). 4. The work is to be accomplished with reasonably minimal intrusion upon the Longridge property and in a manner that will preserve the natural setting. 5. Massopusts agree to indemnify Longridge and its partners against all expense liability or loss that they or any of them may sustain arising out of this upgrading of the pond project. LONGRIDGE ASSOCIATES, a Minnesota General Partnership W. Duncan MacMillan, Partner ZCt� Sohn E. Massopust / Linda Massopust 7 FOX k) e- S T N G H 0 L WALDRON ADD• w rw 0 �I / �////i � �° � I JRES RUN DATE 06/11/86 BATCH 001 38 03-117-23 13 0003 + PROP lDDR C:.^1ER NAME LONGRIDGE ASSOCIATES TAXPAYER LONGRIDGE ASSOCIATES NAME/ADDR 15407 MC GINTY ROAD WAYZATA MN 55391 - 33 03-1I7-23 41 0003 PROP ADDR 01700 FOX ST 0'-.,'ER NAME CRAIGSANK ASSOCIATES TAXPAYER CPAIGBt.t:K ASSOCIATES NAY.E/ADDR PO BOX 9300 MPLS 1;11 55440 38 03-117-23 42 0011 PROP ADDR C;ZNER NAME E W BREHM III It K H BREHM TAXPAYER KRISTEN & EDWARD W BREHM NAME/ADDR 430 BRUN RD S WAYZATA MN 55391 38 03-117-23 42 0014 PPOP ADDR C;.N:R N:.ME L D & A R BADER TAXPAYER LARRY D BADER N:A.ME/ADDR 420 S BROw;1 ROAD LONG LAKE 111 55356 HENNEPIN BOUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 03-117-23 14 0001 CARGILL MAC MILLAN JP ETAL L0,'GPIDGE ASSOCIATES D E BILLBE DEPT 28 P 0 BOX 9300 MPLS MN 55440 38 03-117-23 42 0002 01880 FOX ST WM L WALDRON ETAL WILLIAM L WALDRON 1830 FOX ST WAYZATA MN 55391 38 03-117-23 42 0012 J B & L F MASSOPUST JOHN B & LINUA F MASSOPUST 440 BROWN RD S WAYZATA MN 55391 TOTAL PATCH 001 00010 REPORT NO. PI435401 PAGE 1 38 03-1i7-23 41 0001 EDNA C MAC MILLAN EDNA C MACMILLAN X DE BILLBE DEPT 28 P 0 BOX 9300 MPLS MN 55440 33 03-117-23 42 0007 WILLIAM L WALDRON ETAL WILLIAM L WALDRON 1ES0 FOX ST t' 1'(ZATA MN 55391 33 03-117-23 42 0013 L D & A R BADER LARRY D & ALVINA R BADER 420 BROWN RD S �+ LONG LAKE MN 55356 Rio I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE A19 TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIO`1, TO E BEST OF MY KNOWLEDGE AND BELIEF p� DATt�l ff Y APPRoxI MATE POND AREA AND CROSS �EC,TION �`JPD1 R L AREA 5 LopE 11. 41 N89' SB��6�'1,•✓ 377-61 L- H. 9.10 L=2859 sa'• 7. 00 // 0 0 - ___� 'Drainage �uf�l.'fy Cose"" 62,53 N 89' SS'S7"E rtify that this is a true and correct representation of a survey of ies of Lot 3, BlocE: 1, STRONGHOLD, the location of all existing if any, thereon, and the proposed location of a proposed bui Iding. Purport to show any other improvements or encroachments. ram• r • w. w r. � . . .. _ e N 89.58,16" w sevon132556 Se-PLoT Z ♦ ♦ ♦ ♦ `i \ ♦ ♦ ♦ + t ♦ \ � % ��r �'•' io t� � 1 . \ BfiitO..t.'G \ 3r9_ � I � yre• _� \ O \ \y r y • —16 .v . \ \ ` \ • \ \ l ' . • ' w A . Estc✓I/av MAr /� f r t, , ; l �. r 1 1 1 ,� \ L M` �`�c• �: 50, 5-22 LOT (, , _ t11 o, 5c f Ac I I N'B9° 55 57 W _ ' +r ; I j •%� t tl 1326.84 Olt acras rfin fQ $hro„� Q Bro.rn Rood ysofa, Mn 553'91 10I+ ' 7 ,4e Noi64 % oir Me NN q,na,lcr of //rc So✓1/►cos� q.iorfir o/ Scc�.en j Tor✓na! ,p ��� Nardi►, Qongc 1j lJe't of P,;.,�,Pai Mondron QD� 1 r � !ar 3 0 FEET GORDON R. COFFIN i dAln ciiavr'vna A P/ divNFR _33 l Long ake• :,�y• •, ,, ::•� NORTHER jib _ . 1: ' •' �, i j / J • 9h j 77 (J • ``i ; � • • • _L• � •JIB •! -• •- .� � ' r } .1 !1 \ _�° �% •• '�' /� gyp !� • Imo. • �' • • • . •' • ', .i �� �i • ;! MCD 00 0)tn W ' • -\'\\� / MIN�E — �_- "'i �c - — Count CI n'I j• .� � sus al� )� . � - -- � � �� •^, . 80 04 (d6 0-0 949 TanagerIZ 00 Lake - _ ;_ 700 WIN I.I FEW - o Q7b 98( ENTw F646. el- • I yY i % 991 171 { 9k 9Ts 971 970 %1 948. i 47 rep,r c= 0 200 400 ` feet 265i.49 1�j 33 �f,�, �• , �, � � l30/Sl 1 iY 1 :•y. i3025) � -� 2 Pogo WIG •.. � N ;. �0 f/8ov) •� V' �. �� � � - ,•�' 1, A M Md 1 9►+OTO Q FOX —A LR7 3 Ma % ! l -POND M� ;Ii,iiJ"i:::; or 'rll1: E'I.ixzikuIA,jG COM.31S:;10:I MI-,i: ING 111:1-il OC' OBER 211, 1935 ,07U RICHARD RINI:IIART 18'i OLI) LONG LAKE; ROAD VARIANCE - SECO.JD REVIEW Richar,': Rinehart was psent t:ur this inattcr. . Assistant Zoning Adi,iinistrutor Gaffron explained that the applicant has submitted an updated survey stowing that the existing garage slab is within the property boundaries being 0.6' from the . �t line at the northeast corner and 1.5' at the southeast corner of the slab. As requested by the Planning Commission at the last review, staff has looked at this property for alternative locations for the garage and found that given the location of the septic tanks and drainfield, and topography of the lot, and from a safety standpoint, it would be preferable to be ah' to drive forward onto Old Long Lake Road, staff s the existing slab location is the most feasible. _a addition, staff does not see any change in the drainage pattern. Even though the garage did not encroach on the neighbors property, Bellows stated that she still. felt there were some problems with this pr oosal. It was moved by Goetten, . . -onded by 1,1cDonald, to recommend approval cf the variances as presented with justificplion based on the facts and hardships as listed in staff memo. Motion, Ayes 3, Nays 1. Bellows voted nay. 41078 JOHN NU SSOPUST -� 440 SOUTH BROWN ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:50 - 9:54 Mrs. John Massopust was present for this matter. 7i The _Affida"vit of Publication and Certificate of Mailing �"- was noted. Assistant Zoning Administrator Caffron explained the request to excavate and fill to create a more suitable water fowl pond from the existing pond which is not a designated wetland. He noted the following facts: -existing pond is a low area that holds water, apparently more this year than in other years. I' is possible that the pond outlet may have previously existed but was filled in somewhat by 'excess material when the private road was built. -the pond is at a very high point in the watershed, has insignificant value as storage or nutrient retention area by virtue of a fairly small influent watershed. 7 MINUTI: S or nni PLANNING COM111S.i.103 MI"."A'IN6 !I"r'hU 001'0111; t 2d, 1986 073 MASSOPUST CONTINUED -proposal to excavate is ussontially to clean up tl-ie pant] area. -City Engincer Ccok has reviewed this application and has supported it. Ile also noted that the applicant has omitted islands or nesting sites because they may create a hazard for children. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Goetten, to recommend approval subject to the following conditions: 1. applicant granting a conservation and flowage easement over the pond area. 2. appropriate erosion controls be taken. 3. applicant is notified that future home additions must be no closer than 26' to the wetland. Motion, Ayes 4, Nays 3. )1081 GREGORY W. LONG .1359 CRYSTAL BAY ROAD VARIANCES PUBLIC HEARING 9:56 - 10:11 Gregory Long was present for this matter The Affidavit of Publication and Certificate of Mailing was noted. Assistant 'Zoning Administrator Gaffron explained the request to construct a second story screen porch addition and deck which would be -.,ostly in the 6-75' setback zone. The screen porch would be mainly over the existing driveway and deck portions over what is grass now. Chairman Kelley read into the record letters of non - objection from: J.R. Lofrano, 3365 Crystal Bay Rd.; Charles & Donna Carl, 3385 Crystal Bay Rd.; Jay B. Keiser, 3375 Crystal Bay Rd.; Mrs. James Ogland, 3345 Crystal Bay Rd.; Jon W. Papas, 3369 Crystal Bay Rd.; and John E. Kust, 3355 Crystal Bay Rd. No one was present from the public regarding this matter and the public hearing was closed. ,1 I To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator. Orono Council Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 5, 1986 Subject: #1081 Gregory W. Long, 3359 Crystal Bay Road - Variance - Resolution List of Exhibits Exhibit A - Memo & Exhibits of 10/14/86 Exhibit B - Planning Commission Minutes of 10/20/86 Exhibit C - Letters From Neighboring Property Owners Exhibit D - Resolution This is a request to construct an addition, 1.ht- majority of which is located in the 0-75' setback zone. This is a very small lot on Crystal Bay Road. Please review the memo and exhibits of 10/14/86. Planning Commission at their 10/20/86 meeting recommended 4-0 to approve the construction of the addition, finding that the affected neighbor has submitted a letter of non -objection to the proposal, finding the size of the lot and the layout of the site are justifiable hardships to the property, subject to removal of existing hardcover in the 0-75' zone so that there is no net 0-75' hardcover increase above the existing 41.9% level. A resolution reflecting the Planning Commission recommendation is attached for your review. City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND SECTION 10.22, SUBDIVISION 1 AND 2, AND SECTION 10.25, SUBDIVISION 6 (B) FILE #1081 WHEREAS, Gregory W. Long (hereinafter "the applicant") is the owner of the property located at 3359 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 12, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.55, Subdivision 8 and Section 10.22, Subdivision 1 to construct an enclosed porch and deck addition to be located within the 0-75' lakeshore setback zone and located nearer the lakeshore than the average distance from the lakeshore of neighboring adjacent residences, where such structure and average set' ^k encroachment is not normally allowed, and a variance to Sec on 10.22, Subdivision 2 to permit excessive hardcover in the 0- 75' and 75-250' lakeshore setback zones where 0% hardcover and 25% hardcover limitations respectively normally apply, and a variance to Section 10.25, Subdivision 6 (B) to allow a side yard setback of 9.5 feet where a side yard setback of 10 feet is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Counci l of Oronc, FINDINGS 1. This application was reviewed as Zoning File #1081. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 20, 1986, and recommended approval of the proposed variances based upon the following findings: A) The requested side setback variance of 0.5' is a -.:ontinuation of the line of the existing house and only one corner of the proposed addition requires the variance due to the anale of the house in relation to the side property line. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. B) The neighbor whose view's would be most affected by the average lakeshore setback encroachment, John Kust of 3355 Crystal Bay Road, has submitted a letter of non -objection regarding the addition. C) The existing residence is located 77 feet from the lakeshore. The majority of the proposed additon in the 0- 75' setback zone is over existing driveway hardcover. Any comparably sized addition located in the west side yard would result in the need for even more hardcover than is proposed now. hence the proposed location creates a relatively minimal hardcover increase on the property. D) Existing hardcover the roadway, is 1,152 is gravel driveway. east of proposed porch portion of deck which area, resulting in no zone. in the 0-75' setback zone, excluding s.f. or 41.9%, the majority of which The portion of the driveway located can be removed to compensate for the will be over existing grassed yard net hardcover increase in the 0-75' 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions e: ting on this property are peculiar to it and do not apply gene --ally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other Ganger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 ' City of ORON O RESOLUTION OF THE CITY COUNCIL 43,sc1►�0r� CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.55, Subdivision 8 and Section 10.22, Subdivision 1 to construct a porch and deck addition located 61 feet from the lakeshore and encroaching 17.5 feet into the required average lakeshore setback, where a 75' lakeshore setback is normally required and where encroachment into the average lakeshore setback is not normally allowed, and grants a variance to Section 10.22, Subdivision 2 to permit 41.9% hardcover in the 0-75' lakeshore setback zone where no hardcover is normally allowed, and to permit 43.7% hardcover in the 75-250' lakeshore setback zone where a maximum of 25% hardcover is normally allowed, and grants a variance to Section 10.25, Subdivision 6 (B) to permit a side yard setback of 9.5 feet where a 10 foot side yard setback is normally required, subject to the following conditions: 1. Hardcover in the 0-75' setback zone, including driveway, deck, porch, sidewalks, stairs, etc. shall not exceed 1,152 s.f. or 41.9% (lot area 0-75' = 2,750 s.f.). Prior to final inspection of the addition, applicant shall remove an amount of driveway hardcover equivalent to the 120 s.f. portion of proposed addition that will over existing grass areas. Such driveway hardcover shall be replaced with grass or other suitable permeable groundcover. 2. Hardcover in the 75-250' setback zone shall not exceed 1,158 s.f. or 43.7% (lot area 75-250' = 2,650 s.f.). 3. Applicant is advised that future proposals resulting in an increase in hardcover on the property will not be approved, And might be approved only with concurrent removals of equivalent amounts of existing hardcover. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 10, 1987). 5. Violation of or non-compliance wit;. any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this lOth day of November, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary 2. Butler, Mayor Property Owner(s) Page 4 of 5 To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 14, 1986 Subject: #1081 Gregory W. Long, 3359 Crystal Bay Road - Variance - Public Hearing List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey With Average Setback, Hardcover Exhibit F - Hardcover Calculations Exhibit G - Plan, Elevation Views of Proposed Addition Exhibit H - Letter to Applicant 9/8/86 Variances Requested: Required Existing Proposed Variance Side Setback 10, 9.5' 9.5' 0.5' or 5% *Lakeshore Setback 75' 77' 61' 14' Avg, 'etback No encroachment 1.5' 17.5' 17.5' Hard,:vVer 0-75' 0% 41.9% 46.3% (46.3%) Hardcover 75-250' 25% 43.1% 43.7% (18.7%) * Including Variance for Structure in 0-75' Zone Pertinent Fac`_s : 1. Permits have been issued for interior remodeling and work within boundaries of existing structure not in 0-75' zone. 2. No comments as of this writing from affected neighbor, John Kust at 3355 Crystal Bay Road. 3. For purpose of hardcover calculations, 201x50' paved roadway is excluded from calculations. Discussion: This is an extremely small lot on Crystal Ray Road, typical of the developed lots in the neighborhood. The applicant wishes to add a screen porch and deck to the existing house, but the southeast additions would be mostly in the 0-75' setback zone. The screen porch would be mainly over existing driveway, the deck portion over what is grass now. Both the screen porch and deck would be at the second level (or just above the basement level). Zoning File 01081 October 14, 1986 Page 2 of 2 Because of the small. lot size and proximity of the house to the lake, the hardcover percentages are relatively high compared to other properties in the neighborhood that have been granted recent variances: 0-75' 75-250' #748 1399 Crystal Bay Road (driveway only) 29% Sandra George #842 3415 Crystal Bay Road (driveway only) 28.5% Zimmerman #871 3435 Crystal Bay Road (driveway only) 36% Mielenz #901 3393 Crystal Bay Road 37.6% 44% Karl Johnson _vN � This Application - 46.3% 43.7% There does not appear to be a substantial amount of hardcover that could be removed, i.e. no rock beds with plastic. It appears that the entire graveled driveway area is used, and there is only a single garage, hence expect parking in the driveway. Staff Recommendation: In order to recommend approval, Planning Commission must make the findings that: a) neighbor's view, lig:,c, air, and open space is not encroached upon substantially by the extention towards the lake or at the side lot line; b) there is a hardship to the property that justifies the encroach- ments into the 75' setback zone and encroachments of additional 0-7'_ and 75-250' hardcover. In order to recommend denial, Planning Commission should make opposite findings, suggesting that the encroachements are substantial and there is no hardship to justify qranting the request. C� )(JI ,I � -r� APP2U�lF: V� - J a _ CITY OF ORONO — VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Dou:le application fee) ------------------------••-------------------------------------------------- PROPERTY LOCATION + nIJ Site Address 3351 64Art SS Property Identification Number (P.I.D. ) 1 %- //"7-,--2 3- Y / Please check one - Is the property abstract or torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name G r p D r L<jvN4 Phone W ti j- f, ?Tf Ma Ong Address 331"1 Crjs j/ Q,), PJ- Wa:3-L-J� A., SS31/ OWNER Nama Gftjorh Q Phone Y3YG? Mailing Address 51 T5s1-1 _64'1 _ 'Aid-lzil- _/J _ SS3?L Date Property Acquired .S eOA (month/year) -----I-(do)--do not --also -own -the -adjacent -parcels -of- land ----------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property x Residential Other (specify) •------------------------------------------------------------------------ .SCRIPTION OF REQUEST Estimated Construction Cost $ 13, voO. Des be request in detail: /10� b� av� Sc.etc�1«- 41 cti . OWN O-A, 'A eJ ��- VARIANCES REQUIRED Lot Area Lot Width Setback Variances ( �. Front X Hardcover Side Rear) Other _ --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: � Lo,1 wk 's h� t V% o>>-- Wa5 Z(�l V`I 40 1kC� 4 avT y Ji p✓.a,r _ i DESCRIPTION OF UNUSUAL vROPERTY CONDITIONS Describe unusual property conditions preventing compliance with ",oning Code Requirements: 440J5ti ,(ftd '-%c S)A3 DLit" %,k,- I d, d- _!k j,-.. - .d- f o e a O kt t It rt.d M� �Sdo s �g- REQUIRED SUBMITTALS--------------�0 L 1�'TU.Y �Un.----------- ------ .-------..-- 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address. 4. Certificate -f survey including hardcover calculations as required. 5. Flat Map. --------------------------------------------------------------------------- Th.,� Appli, nt and Property Owner must sign th .s, application. Please remember ti,at your variance application is not complete if the above information has not been included. ------------------•--------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees anc/or unusua_ expenses incurred in - view of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. A Applicant's Signature )�_\ �_j- gt=� 4 Date , �d 3 Y6 OWNERS SIGNATURE The owner hereby ackowledges and agr io this application and further authorizes reasonabl•, entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature �). Date Applicant must have all submittals jito the City offices 25 days before the Planning Commission Meeting. 711i�nning Commission Met•tings are held or, the third Monday of each month. ? 0) 1 ao 14 61 6 N_ elf 63 so 45 AID 3 4 IRW A� 41 V __20 /.40 49' 5,6 21 59 40 54 f el Jl-p (ftSo'; 37 14k 23 it 6 10 25 30 35 3. 3 9 33 29 to 20 30 T, !,4 71 31(s I? is 4 9 4 a 2 1 19 All 44) 1 A,4, 4-4 (44) sl .we 14 " fe 24as at 27 • 6 % ;*r r ' c,%JT LO q L It VOW Gb fb -46 RUN DATE 09/12/86 BATCH 005 38 17-117-23 41 0022 Pr:OP ADDR 03345 CRYSTAL BAY RD ` w TR N"ME ALINE K OGLAND 'AXPAYEP ALINE K OGLAN;D NAME/ADDR 3345 CRYSTAL BAY RD �. WAYZATA MN 55391 38 17-117-23 41 0025 MC? ADDR 03359 CRYSTAL BAY RD tER NA.!E GREGORY W LO1'G & WIFE %XvA'�°? C-IEG09Y W LONG l;At'E/ACDR 3359 CRYSTAL EAY RD WAYZATA MN 55391 38 17-117-23 44 0018 .-OP ADDR 03375 CRYSTAL BAY RD C:riEP NAY.E JAY d KEI_SER ETAL '.,."PAYER JAY B KEIS:R NAME/AC-OP 3375 CRYSTAL BAY RD WAYZATA MN 55391 38 17-117-23 44 OOS2 F=CP ADDR 02200 BAYVIEW PL -''ER !..a!E DALE MATSON ETAL AYPAYEP DALE MATSON ETAL t:t'=/ADDR 2200 BAYVIEW PLACE WAYZATA Mtd 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 41 0703 03349 CRYSTAL Bt STATE LA`:0 DEPT WARREN L ?ASCAKE 604 E 134TH ST BURNSVILLE MN 55337 38 17-117-23 44 OO16 03365 CRYSTAL BAY RD J P LOFP.ANO ETAL J R LO FRANO 3365 CRYSTAL BAY RD WAYZATA MN 55391 33 17-117-23 44 0019 03335 CRYSTAL BAY RD C d D CARL CHARLES R S. DONNA C CARL 3385 CRYSTAL BAY RD ORONO MN 55391 TOTAL BATCH 005 00010 REPORT NO. PI4354G: PAGE 11 39 17-117-23 41 0024 03355 CRYSTAL BAY RD JOHN E KUST JOHN KUST 3355 CRYSTAL BAY ROAD WAYZATA MN 55391 38 17-117-23 44 0017 03369 CRYSTAL BAY RD J B DAHLMAN d M A DAHLMAN JON W PAPAS 3369 CRYSTAL BAY RD WAYZATA NN 55391 38 17-117-23 44 0044 JACQUELYNN J ZONTELLI JACCI SEGNEP. 2260 BAYVIEW PLACE WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURV :D TRUE PEFRESENTATIG!I OF INFORMATION t.S IT APPEARS THIS D. JN THE RECORDS OF THE HEkPIEPIN COUNTY DEPARTMENT OF FROF TY T X4 TO THE BEST OF HY Y.NOWLEDGE AND BELIEF. t J DATE 15BY ( Tel �✓ ko<` 99 " i Certificate of Survey for Greg W. Long of. Lu t 12, Wallace's Addition to the Village of Minnetonka Beach Hennepin County, Minnesota l6 x 272- ,.flQp I✓LI I hereby certify that this is a true and correct representation � of a survey of the boundaries of Scale: 1" = 20' Lot 12, Wallace's Addition to the Date : 9-3-86 Village of Minnetonka Beach, and o . Iron marker the location of all existing build- ings thereon. It does not purport to show other improvements or en- croachments. D10 COFFIN & GRONBERG, INC. Mark S. Gronberg Lic No. 12755 Engineers, Land Surveyors & Planners Long Lake, Minnesota , Gr�h`� ,Vt to s;,cj r` V fWf-_V#­ +- 1 Scale: V jAte o . --iri Certificate of Survey for Greg W. Long of. Lot 12, Wallace's Addition to the Village of Minnetonka Beach Hennepin County, Minnesota I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 12, Wallace's Addition to the Village of Minnetonka Beach, and r the location of all existing build- ings thereon. It does not purport to show other improvements or en- croachments. •. COFFIN & GRONBERG, INC. �r Mark S. Gronberg Lic No. 12755 Engineers, Land Surveyors & Planners Long Lake, Minnesota EXHIBIT E HARDCOVER REVIEW 3359 Crystal Bay Road Zoning File #1081 Lot Area Total = 50 x 128 = 6,400 s.f. Lot Area 0-75' = 75 x 50 = 3,750 s.f. Less Area of Paved Road = 3,750 - 1,000 = 2,750 s.f. Lot Area 75-250' = 2,650 s.f. 0-75' Hardcover Existing: Driveway 24 x 47 = 1,128 s.f. (loose gravel) Dock Stairs 3 x 8 = 24 s.f. 1,152/2,750=j141.9% existing 0-75' Proposed: as above, lus portion of screen porch Over Grass = 8x1e = 96 24+96+1,152 = 1,272 Plus New Sidewalk to - --, Serve Stairway 3'xR' = 24' 1,272/2,750 = 46.3% proposed 0-75'' 75-250' Hardcover Existing: House 22.2x41.2 Fireplace 1.7x6.1 Rear Stairs 3x15 Sidewalk (4x10) (3xl6) (2x20) Driveway 2 x 22 915 s.f. = 10 s.f. 45 s.f. = 128 s.f. 44 s.f. 1,142/2,650 = j443.1% existing 75-250' ProposeO: above, plus 2'x8' section that is now grass 1,142+16 = 1,158/2,650 = [43.7j% proposed 75-25011 V116 GU!-\.RD RA- ILL ft.0 36 MIN. HEIGHT MA::. OPENINGS1 PC BECKS S� a PORCHES All Structural Members" st Be Approved Wood Of Natural Resistari. a To Decay Or Treated Wood. LGUARDRAILS 6 MIN. HEIGHT MAX. OPENINGS STAIRS 8" MAX. RISER 9" MIN. TREA 6'-6" MIN. HEADROOM AT LEAST ONE HANDRAIL REQUTA _ GUARDRAIL OPEN SIDES PROVIDE ATTIC VENTILATION EQUAL TO 1I150TH ATTIC AREA. IF 50% OR MORE IS PROVIDED IN UPPER PORTION OF ROOF AND REMAINDER IS PROVIDED IN SOFFIT VENTS, IT MAY BE REDUCED TO 11300TH ATTIC AREA. :elf l,�;�;,���41► L,il�.,��. I , GUARD] 36" MIN. ,•• MAX Of 4 GUARDRAILS 36" MIN. HEIGHT •'?' MAX. OPENINGS w/o VAP.A(KC.e, DECKS SUMS & PORCHES All Structural Members Must Be Approvcd Wood Of Natural Resistance To Decay Or Treated Wood. fi GUARDRAILS 36" MIN. HEIGHT 6r' MA)(, OPENING STAIRS 8"'MAX. RISER 9" MIN. THE ' G'-b" MIN. HEADROOM AT LEAST ONE HANDRAIL REQU GUARDRAIL OPEN SIDES PROVIDE ATTIC VENTILATION EQUAL TO 11150TH ATTIC AREA. IF 50% OR MORE IS PROVIDED IN UPPER PORTION "-`- `---"-'-`-- J OF ROOF AND REMAINDER IS PROVIDED GUARC cnCLIT vrPITC: IT MAY f,:_ REDUCED MA LS GHT INGS �,-i- FROlfiu;_ �iT'I'IC �t►Li�`�"i.s',�:rFi PC`.��. Yp't 91150Tf1 r,Ii;C `F;EA. IF � ;_._..•.� i �0 �0 0 R PAORE 13 PROVIDED 114 UPPER PORTION OF ROOFAND ND 14;_`9AINDER IS PROVIDED IN SOFFIT YEK!TS, IT i4,AY 3c !2CDUCED . _.� TO ,11300TH ATTIC AR c,u ..K �/ , . �• ` �'� Provide 2 Layers Of 15LB Felt Solid Mopped Together 24" .Inside EXT.'r'�all Line 36" For Wood Shingles Or Shn -- C TREAD om REQUIRED ARDRAILS HEIGHT '. i t, I` s! y .r• MIN.PENINGS-a AX. O f i 4217 MIN Trost Footings - ' PAGE N0. STAI RE '$" 'MAX. RISER 9" 6'-6" MIN. HFAD AT LEAST ONE HANDIL =` ' 'GUARDRAIL OPE hlr;ER FCHAr i Q OF TWIN CITIES CITY of ORONO Post Office lk)x CA *Crystal tiny. Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka September 8, 1986 Gregory Long 3359 Crystal Bay Road Wayzata, MN 55391 Re: Proposed Addition - Deck and Screen Porch Dear Mr. Long: We are in receipt of your proposal to construct a deck and screen porch addition to your residence. However, I regret to inform you that your proposal does not meet with the performance standards of the Orono Municipal Zoning Code in the following respects: 1. Proposed deck and screen porch constitute approximately 275 square feet of structural hardcover (impervious surfaces) in the 0-75' lakeshore setback zone where no hardcover or structure is allowed by code. 2. The proposed structure constitutes approximately 75 square feet additional structural hardcover in the 75-250' lakeshore setback zone for a 75-250' hardcover total of at least 36% where a maximum of 25% hardcover is normally allowed. 3. A small portion of the addition will encroach into the required 10' side yard setback area. While I realize that a large portion of the deck and porch may be located over the existing driveway area, City staff does not have the authority to issue permits for the extreme encroachments you propose. If you wish to pursue the issuance of a permit you must make an application to the Planning Commission and City Council for the appropriate variances. I have enclosed the forms and requirements necessary for that application. If we were to receive the complete application and required submittals no later than September 26, 1986, a Public Hearing could be scheduled before the Planning Commission on October 20, 1986, with the earliest potential approval by City Council on November 10, 1986. HVILDING & /ONING - 473 7357 s ADMINISTRATION A FINANCE -- 473 7358 • K NI IC NUHK-s 17 1 ' IS9 ASSI ti ING Gregory Long September 8, 1986 Page 2 of 2 I must inform you that I don't view your request as a "sure bet" based on past Council actions regarding similar requests. I suggest you contact me at 473-7357 to discuss your proposal prior to submitting a variance application. Sincerely, Michael P. Gaffron, Asst Planning & Zoning Administrator MPG/tln cc: Northwestern Builders 8053 .. Bloomington Freeway Bloomington, MN 55420 Date: O � 'ro, The Members of the Planning Commission, and City Ccuncil, of the City of Orono, Minnesota. Subject: Proposed addition (deck & screen Porch) to the residence of Gregory and Pam Long, located at 3359 Crystal Bay Road, Wayzata, MN 55391 Please note he following: '. We own a residence located on Crystal Bay Road, and therefore, reside in close proximity to 3359 Crystal Bay Rd. 2. We have reviewed the plans submitted by the Longs for the proposed variance. 3. We find nothing objectionable to the proposed building and feel it would indeed enhance the Long property and our entire NP4 ')boyhood. Therefore, we urge the planning coiTunission and the L.ty council to ap^rove the requested variance. As the property o► i Crystal Bay Rd. are restricted by older homes, extremely narrow lc lroad property to the rear of our lots, and zoning laws, we appr, your continued efforts to work with us in granting variences fo. naintenaiice and improvement of our properties. Sincerely, s Address: J3 5 L/'1— y—s /,94. Date: ID --- ( k -- -� To, The Members of the Planning Coirun: s s i on, and City Council, of the City of Crono, Minnesota. Subject: Proposed aduition (deck & screen Porch) to the residence of Gregory and Pam Long, located at 3359 Crystal R,y Road, Wayzata, MN 55391 Please note the following: 1. We own a residence located on Crystal Bay Road, and therefore, reside in close proximity to 3359 Crystal Bay Rd. 2. We have reviewed the plans submitted by the Longs for the proposed variance. 3. We find nothing objectionable to the proposed buildino and feal it would indeed enhance the Long property and our entire Neighborhood. Therefore, we urg, the pla ing commission and the city council to approve the requesteJ variance. A,, the property owpors on Crystal Bay Rd. are restricted by older home,,, extremely narrow lots, railroad property to the rear of our lots, and zoning laws, we appreciate your, continued efforts to work with us in granting variences for the maintenance and improvement of our properties. Since-^lv, Address: S C Gate: To, The Members of the planning Comm- ;on, and City Council, of the City of Orc i, Minnesota. Subjec,c : Proposed addi' 'on (deck & screen -..h) to the residence ur Gregory and Pam long, located at 3359 Crystal Bay Road, Wayzata, MN 55391 Please note the following: 1. We own a residence located on Crystal Bay Road, and therefo,-e, reside in close proximity to 3353 Crystal Bay Rd. 2. We have reviewed the plane submitted by the Longs for the proposed variance. 3. We find nothing objectionable to the proposed building and feel it would indeed enhance the Long property and our entire Neighbor ood. Therefore, we urge the pl-ining commission .:na t'_ c' cu ci f t(; approve the requested variance. As the p, ert, ow. -rs on Crystal Bay Pd. are restrictea t— older ho,i-,s, extremely narrow lots, ilroad property I-o the rear of ',),-c and zoning laws, we appreriat^ your continued efforts to war' .1 `n granting variences f-r jaintenance and improvement o, roi lis. Sincer�iy� v ca Address:^ U �1 f ~ Date: To, The Member; of the Planning Commission, and City Council, of the City of Orc," Minnesota. Subject: Propose;; add .,on (deck & screen Porch) to the residence of Gregur-y an.: Pam Long, located at 3359 Crystal Bay Road, Way-ata, MN 55391 Please note the following: 1. We own a residence located on Crystal Bay Road, and therefore, rF:�de in cloF� proxirrOty to 3359 Crystal Bay Rd. 2. We have reviewed the plans hmitted by the Lorc, "ar the proposed variance. 3. We find nothing objectionable to the proposed ouilding and feel it would ndeed enhance the Long property and our entire Neighborhood. Therefore, we urge the planning commission and the city council to approve the requested variance. the property ow- n C .al Bay Rd. are restricted by older homes, to emely narrow J lruad property o the -Gar of our lots, and zoning laws, we ap 'Ze your continued effort, to work with us in granting variences r._ the maintenance and improvement of our properties. Sincerely, 3 3 Address: — --- - — — _. Dare: To, The Members of the Planning Commission, and City Council, of the City of Orono, Minneso Subject: Proposed add'tion (deck & screen Porch) to the residence of Gregory and Pam Long, located at 3359 Crystal Bay Road, Wayzata, MN 55391 Please note the following: 1. We own a residence located on Cry tal lay Road, and therefore, reside in close proximity to 3359 C.ry gal Bay Rd. 2. We have reviewed the plans submitted t_, -.he Longs for the proposed variance. 3. We find nothing objectionable to the proposed building and fee': it would indeed enhance the Long property and our entire Neighborhood. Therefore, we urge the planning commission and the city council to approve the requested variance. As the property owners on Crystal Bay Rd. are restricted by older homes, extremely narrow lots, railroad property to the rear of our- lots, and zoning laws, we appreciate your continued efforts to work with us in granting variences for the mjintenance and improvement of our properties. Sincerely, f Address: ��C-�C ..�--Y�� J Date: To, The Members of the Planning Commission, and City Council, of the City of Orono, Minnesota. Subject: Proposed addition (deck & screen Porch) to the residence of Gregory and Pam Long, located at 3359 Crystal Bay Road, Wayzata, MN 55391 Phase note the following: 1. We own a residence located on Crystal Bay Road, and therefore, reside in close proximity to 3:59 Crystal Bay Rd. We have reviewed the plans submitted by the Longs for the proposed variance. 3. We find nothing objectionable to the proposed building and feel it would indeed enhance the Long property and our entire Neighborhood. Therefore, we urge the planning commission and the city council to approve the requested variance. As the property owners on Crystal Say Rd. are restricted by older homes, extremely narrow lots, railroad property to the rear of our lots, and .oning laws, we appreciate your continued efforts to work with us in granting variences for the maintenance and improvement of our properties. Sincerely, �Z/ Address: 3X C? �� `%- HA N/ TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: November 7, 1986 SUBJ: #1082 John F. Dougan, 2785 White Oak Circle - Conditional Use Permit - Resolution List of Exhibits - A - Memo and Exhibts of 10/17/86 B - Planning Commission Minutes 10/20/86 C - resolution This is a request to excavate a si�orage pond and swale for flood control purposes. Please review the memo and exhibits of 10/17/86. The Planning Commission at their 10/29/86 meeting voted 4-0 to recommend approval subject to applicant granting a conservation and flowage easement over the pond area, and subject to a developers agreement since this is a sensitive area in the watershed and might have some impact upstream if work is not completed correctly. Councilmember Callahan, present at the Planning Commission meeting, requested that staff investigate the work which was previously done upstream to determine what effect that might have had on the current runoff situation. Staff would note the following: 1. There is a culvert under White Oak Circle just east of the intersection with Old Crystal Bay Road. This culvert drains approximately 1 acre of the property at 2790 White Oak Circle. This would appear to be an insignificant add4tion to the overall flow through Dougan's property, and will not be affected by Dougan's project. 2. On the west side of Old Crystal Bay Road, some grading work was done a few years ago on the Lawton property at 425 Old Crystal Bay Road. Although no permit was ever issued by the Building & Zoning Department for this work, Public Works Coordinator John Gerhardson notes that this work was done by the property owner to clear the existing drainageway which had gradually filled in behind the driveway culvert over the years, cap :zi-ig cui rt freeze up and and ponding problems on the Lawton property. According to John, there was no significant change in grades at this location. Our airphoto base maps, taken in about 1970 (prior to the creation of White Oak Circle), do show mowed lawn area on either side of the Lawton driveway, which apparently gradually became too wet to mow as the culvert filled in until the property owners re -cleared the drainageway. The only apparent difference between 1970 and today is the 1' deep, 2' wide channel now existing on the Lawton property, where our airphotos show it may have been an unchannelized flow previously. This may have some effect on the velocity of water reaching Dougan's property by moving it onto Dougan's faster than it dig' iously. Zoning File #1082 November 7, 1986 Page 2 of 2 It may be true that by tacitly allowing the regrading at 425 Old Crystal Bay Road, the City ma_ have contributed to Dougan's problems to some degree. Given these facts and the facts presented in the staff memo of 10/17/86, staff recommends approval not i-ng that even though the proposed pond and swale project may not stop ponding of water on Dougan's property, it may give some ielief to the applicants J -nfield area which is occasionally flooded. Staff recommends that the applicant be required to execute a developer's agreement and post some form of security, and grant both a drainage easement and flowage and conservation easement over the project, with legal description in this case to be provided by the City Engineer. A resolution for approval is attached for Council's review. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1082 WHEREAS, John F. Dougan (hereinafter "the applicant") is the owner of the property located at 2785 White Oak Circle witr'_n the City of Orono (hereinafter "City") and legally described as follows: Tract A, Registered Land Survey No. 1447, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit grading and excavation of a retention pond and swale for flood control purposes, per Municipal Zoning Code Section 10.03, Subdivision 19. NOW, THEREFORE, bE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1082. 2. The property is located in the RR-1B Single Family Rural Reside ---al Zoning District. 3. On (- sober 20, 1986, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that: A) The applicant's property suffers flooding on an occasional basis. The property is relatively low within the watershed and the property is nearly level from west to ^ast, hence drainage from the steeper watershed upstream 5 ews down and accumulates on applicant's property. B) The drainageway through applicant's property is not a designated wetland. C) The applicant's drainfield is within the area that is occasionally flooded and is affected adversely during such periods. Page 1 of 4 City of ORON(_ T RESOLUTION OF THE CITY COUNCIL ,I NO. D) The combination of pond excavation and associated fill to direct the drainage away from applicant's drainfield may have some beneficial effect on the drainfield but might not solve the back yard flooding problem w-thout a more comprehensive project including neighboring properties downstream. The applicant has acknowledged that this project may not solve the entire flooding problem. E) The applicant has obtained the required permit from the Minnehaha Creek Watershed District. 4. work done by private property owners which was tacitly allowed by the City, which resulted in channelization of portions of th- upstream watershed, may be contributing to some degr- to th :e of run-off reaching applicant's property. 5. The proposed grading and excavation will have no anticipated effect on the watershed upstream of the property, and is expected to have no significant effect on nutrient retention or rates or amounts oL run-off downstream from the property. 6. The City Council has considered *his pplieation including the findings and recommendations o'. e Pl-.nning Commission, reports by staff and comments of the ;.,pplicant and the effect of the proposed use on the health, safety and welfare of the community. 7. The City Council finds that granting a Conditional Use Permit to allow the grading and excavation of a retention pond and swale will not be detrimental to the health, safety or general welfare of the public, would not adversely a«ect light, air nor pose a fire hazard or- other danger to nei -,..,�oring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping -.with the intent and objectives of the Zoning Cc .e and Comprehensive Plan of the City. CONCLU-:'qNS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Suhdivision 19 to permit the grading and excavation of a retention Pond and Swale for flood control purposes, subject to the following condition-: 1. Applicant shall execute - Deve.toper's Agreement and provide acceptable security for t.hc, project prior to commencement of wl Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. Applicant shall grant Drainage Easement and Flowage & Conservation Easements over the pond and swale, legal description to be provided by the City Engineers. 3. Suitable erosion control measures shall be provided as required by the City Inspector. 4. The disturbed areas shall be re -vegetated as soon as fe4,ible following completion of the grading work. 5. Applicant's conti r shall obtain a gradir.c; permit prior to commencement of the w..--k. 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as 7isdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth day c November, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 -)f 4 IUNUTVI.3 UL' 'I'lll: PLANA NG COM141S5110:i !!Isr OCTOBEII 20, 1986 1081 LONG COWINUE,n It wa.- nuved l)y Ch,, i rman !„ i 1 2 011-ed b\' 6_ 1 ic' rocommen,l approva 1 uased oil ;taf f's findings the Collowing (_,(.)nditiuns: 1. must remove eiuival-_nt am.)unts if 0-75' har::covur so that 0-75' haracover remains at existing level of 41.96 (1152 s.f.). 2. approve increase of harueover is 75-250' from 43.1u to 43.7v. lotion, !Ayes 4, gays 0. #1082 JOHN F. DOUGAN 2785 WHITE OAK CIRCLE CONDITIONAL USE PERMIT PUBLIC HERRING 10:14 - 10:29 John Dougan was present for Leis matter. The Affidavit of Publication and Certificate of. Mailing was noted . Assistant Zoning Administrator Gaffron explained the request to create a ponding area and swale to collect runoff from the occasional "gully washer" that inundates their backyard for 12 to 48 hour periods. He stated that the City Engineer has reviewed the plan, and although he generally has no problem with the proposal, he has some reservations that it will solve the problem. He noted that staff recommends requiring a developer's agreement and gre nting a conservation & flowage easement. Bellows indicated concerns that this project will not suffice to correct the problems. Assistant Zoning Administrator Gaffron stated that applicant has been made 1P of the concerns and realizes that the proposal is a cure -ail. 14r. Dougan stated that the problems started after work was done on the east and north of his property and a culvert was put in two years ago. No one was prevjnt from the public regarding this matter -nd the publ: searing was closed. It was moved by Bellows, seconded by Goetten, to recommend approval subject to: 1. applicant signing a developers ar '-ment. 2. granting a conservation & f lowac easement over the pond and swale. Motion, Ayes 4, Nays 0. 9 To: Mary Butler, Mayor Mark E. Bern, rdson, City -Adminis*rotor Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, AS,* Planning & Zoning Administrator Date: Octcuer 17, 1986 Subject: #1082 Johi '. L..ugan, 2785 White Oak Circle - Conditional Use Permit - Public Hearing Zoning District - RR-lB Application - Conditional use permit for grading/excavating to create P storage po._ for flood control purposes. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Grading Plan Exhibit E - Staff Letter 5/29/84 Exhibit F - MCWD Letter 8/26/86, Mcwt�-- Exhibit G - Topography of Sub -watershed Above Pond i_bit H - Air Photo Section Description of need project - The applicants ar posing to create a storage pond to collect runoff from the occasions! 'gully washer" that inundates their :i=.ckyard for 12 to 48 houi periods. The upstream watershed ',as beer a 1 cu lated by staff at about 17 acres, the runoff from which is ap-parently very rapid due to steeper slopes apstream. After f lowing- through -he culvert under Old Crystal Bay Road the watershed flattens out _n Dougan's backyard, which is not a designated wetiand and which, prior to c:nnstru(. ion of the White Oak Circle development, was cropland. 'Where apparently exist some old agricultural tiles which drain Dougan's backyard farther to the east, and staff has surmised that these tiles, although not located, may be near the surface. In a heavy rain—il , Dougan's backyard fills up to as much as 12-18" deep with waiter, ther. -i.n a period of 12 ' o 48 hours it disappears without a cleat overland chan-elization. We do know that when the water: gets high enough it fl.)ws astward through neighbrr Marier's backyard and th n southeast towa: the cul-c'.e-sac, but there must be some underground tiling that reu...•,eL the pcnde,T areas quickly. Dougan's drainfield is in a relatively low area west of the house, and is adversely rffecteL: by the runoff ponding near it. The proposal is to create a pond for storage near the culvert, then use the spoils to fill near the grainfield nnl create a Swale to channelize the ater past the 1rainfield. Zoning Fi' 01082 October 17j , i986 Page 2 of 2 Discussion: City Engineer, Glerr has reviewed the grading plan on trA site; and although he gei. has no problem with the proposal, has some reservations. 1: aa.h he feels t:ae pr.ojec': will not be •detrimental to the watershe he feels- it will not accomplish the applicant's purpose of el`minating the :_s,ckyard ponding at times when the storage pond is already full of water. The fill to be placed next to the drainfield may help the drainfield sur'ice inundation situation, although Glenn warns that the pond holding water most of the time might have some effect on the drainfield because it is not a free water surface with a need. And, there still may be occasional ponding directly south of the house, and this wi7.1 not solve Mariers si-4lar problem cf having unchannela' flow overload through ` r-; ; lard ne4,,: his grainfield. Glenn feels, and I concur, that a m c,)mprehensive swale and fill project would be ben_ ,cial to bo, `. homeown-rs as a more permanent solution. The applycant is aware of these concerns and realizes the prnnosal is not a cure-all. Staff Renowmendation : From an overall watershed viewpoint., the project is inconsequential and may even be of minor benefit. by providing s . ne additional short-term storag; 7rea. Give- that this is not a designated wetland, and that i ias ",een reviewed by the Watershed District, staff has no problem rec- n(­.ng bpproval of the project. However, applicant is advised that .:he project might not be the final solution to the c.c,7as. )nal pond in the backyard, and depending an the level of the water in the po.i.. -i... g? ven time, might have some inpact on thc_ water table level near the a eld. Q, C , 1 n •Zo-R, (lECOMM�N�E� l'F'DrQ�I:.L. �..� i• r ''r I, TJ� VE c ('(�,�r-t �•^ h` �T :.. . n�S•e 4tIVA'T? o r, ! r a�F t�i+ •. CC Y OF ORONO A,' GENERAL LAND USE APPLICATION ---------------------------------------------------------------------------- PROPERTY LOCATION Site Address Q? gS 6'A;AC Property Identification Number (P.I.D. ) 09-//7- 23 41 t OD/�4 TRAr_-r 4 Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. ---------------------------------------� /-1'� � � �S---------- APPLICANT Name -�/j� �. V Ci ee Phone 7 3 - 67 3 S� _____MailingBS/C -Address O� 7 - W�! K- ©� - C -,��� - 4jOIR� �- Clle4c rs-x-a ---------------- OWNER Name �d%ii1% F ���/ GIN _ Phone Mailing Address Date Property Acquired /"I _ /4f'�� (month/year) I jAe (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, et- $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District / Present Use of Property ✓ Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: ------------------------------------------------------ -------------------- REQUIRED SUBMITTALS ✓1. Completed Application Form. ✓2. Ceri ified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) /3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above last with no return address. ✓4. Certificate of survey. ✓5. ,onstruction plan, if applicable. ✓6. Plat Map. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature L, 0_4�_ Date �(� 31g6 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification ofthis request. Owner's signature (�:, �.� ��� �,` ( ) �, �. �` Date ]3 l Yb ----------------------- --------------t-L-s------------- c----------------- 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. act 14 I ' 1 1 -s- -) . rer wNm (8) Lot 24 I'1 IT M Dn� 'fie 411955 • ; G --"' v �� lair 3Ag +9 N17 L. S. NO. ti S 9� p•2i0 of be '� Lot S gyp (7 Lot 23 L 36.-g. • i � � - V C - 000 1447 PUN DATE 09/03/86 ."TCH 010 33 04-I17-C3 24 0004 PPCP AOOR 00405 OLD CRYSTAL BAY RD S C', :Eq NAME LEON G WARNER TA:ePAYER WARREN OALEN :�"E/AODR 405 S OLD CRYSTAL BAY RD LONG LAKE MN 55356 38 04-117-23 31 0003 :POP ADDR 00505 OLD CRYSTAL BAY RD S C::':ER NAME GERTPUDE HENTSCHEL TAXPAYER GERTRUDE B HENTSCHEL t:At'E/AD7R 505 SO OLD CRYSTAL DAY RD LCNG LAKE MH 55356 38 04-117-23 42 0015 .POP ACOR C2775 WHITE OAK CIR N;ME LESTEER J MARIER -AXPAYER L JAMES MAP.IER r:AME/ADOR 2775 WHITE OAK CIRCLE LONG LAKE MN 55356 38 04-117-23 42 0018 PROP ACCR 02760 WHITE OAK CIR C'":ER NAME L P HUNT & C C HUNT AXP:.YEP. C C HUNT & L PEDERSEN-HUNT NAi'E/AOCR 2760 WHITE OAK CIRCLE LONG LAKE MN 55356 38 04-117-23 42 0025 PPOP AOOP. CWN'ER NAME ELIZABETH B SPENCER TAXPAYER JC::N C CONNELL <.':E/ADOP, C/O RICHARD A HACKETT 3400 CITY CTR 33 SO 6TH ST MPLS MN 55402 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 04-117-23 31 0001 00425 OLD CRYSTAL BAY RD S W & P LAWTON OR WILLIAM G LAWTON 425 OLD CRYSTAL BAY RD LONG LAKE MN 55356 38 04-117-23 31 0004 00535 OLD CRYSTAL BAY RD S ROBERT S BRANSCN ETAL RCSERT S BRANSON 535 S OLD CRYSTAL BAY RD LONG LAKE MN 55356 38 04-117-23 42 0016 02790 WHITE OAK CIR P & M DOHERTY PATRICK J DOHERTY 2790 V4ITE OAK CIRCLE LONG LAKE MN 55356 38 04-117-23 42 0023 00540 OLD CRYSTAL BAY RD S ELIZABETH B SPENCER GEORGE FUNK/JURY ROGOSHESKE 540 OLD CRYSTAL BAY kD S LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 25 38 04-117-23 31 0002 00435 OLD CRYSTAL BAY RD S JOHN B BALOGH ET AL NANCY STRICKLAND -BALOGH 435 OLD CRYSTAL BAY RD LONG LAKE ?'N 55356 38 04-117-23 42 0014 02785 WHITE OAK CIR J & L DOUGAN JOHN F & E LYN'l DOUGAN 278S WHITE GAK CIRCLE LONG LAKE MH 55356 38 04-117-23 42 0017 02780 WHITE OAK CIR R & J KLING RICHARD A JOAN M KLING 2780 WHITE O=K CIRCLE LONG LAKE M.. 55356 38 04-117-23 42 0024 ELIZABETH B 'SPENCER PAUL T OGLAN` 3955 WATERTO*.N RD MAPLE PLAIN rN 55359 i TOTAL BATCH 013 00013 33 1 33 a diet �C\ 3, ! 33 GRADINGAND DRA114AGE PLAIT FOR JOHN F. DOUGAN IN TRACT A R.L.S. 1447 HENNEPIN COUNTY, MINNESOTA _ ..— fJ `Y r till cP l'd e�fr eei v�dC7�r Crys1-q1 P � r� L00 F COFFIN L GR'%—,ERG. V.r w Engineers arI Lana Surveyors Long Lake, Minnes^_t: , h�Gs (COM CITY of ORONO Post Office Box 669Crystal Bay, Minnesota 553236Municipal Offices On the North Shore of Lake Minnetonka 5 Ma- 29, 1984 4"r.. l w j-1 r:• . ,,,yam ��-,��% �`•.t.. Mr. John Dugan �t 2785 White Oak Circle Long Lake, Minnesota 55356 Re: Drainage Problem Dear Mr. Dugan: I reviewed your drainage situation with Glenn Cook, City Engineer, and John Cerhardson, Public Works Coordinator. Mr. Gerhardson informed me that the grading work done at 425 South Old Crystal Bay Road had been maintenance of the existing drainageway and did not require a permit. Our 1971 file air photos indicate the area was not a retention basin then, which bears out the fact that this is an historic drainageway. Mr Cook indicated that in his opinion, the grading in itself, would likely not have the effect of signifi- cantly increasing the volume or velocity of flow through the culvert onto your property. A topographic investigation of the watershed draining through your property indicates it is roughly 17 acres in area. The relatively steep slopes and clayey soils throughout this area would tend to create a naturally speedy runoff. Both Glenn and John were of the opinion, and I concur, that the ponding effect you are getting is most likely a result of the "trapped" basin behind your house. The water level has to raise to a certain level before it overflows across into Marier's property and to the southeast. There may be an old agricultural drain tile in this low spot that has plugged up or broken. which could also be slowing the drainage. We know there was a 12" diameter (approximately) draintile found during construction of the hove at the end of White Oak Circle. A tile system may indeed extend into your property. Air photos show this property has been under cultivation previously. I am afraid I do not have a quick a -ad ease solution for your r,onding problem. You might consider crea-cing a swale across the hump between your property and Marier's so that water does not stand in your back yard. I do not know what effect this might have on Marier's property SUILOM "A ZONING - 473.7357 • AUNINIS7RA110%A 1INANC'f 473 7358 • Pt 8LK- h'URKS 4717359 ASSf SSING John Dugan May 29, 1984 Page 2 or others downstream. Depending on the scope of such a project, a permit might be required. You might consider consulting an engineer or hydrologist on this matter. Please feel free to call me if you have further questions. Sincerely, Michael P. Gdffron Assistant Zoning Adminis#J. rNN Attachments cc: Mr L. James Marier, 2775 White Oak Circle Long Lake, MN 55356 �hED OAS OCT 2 198E _a i LAKE MINNETONKA P.O. Box 387, Wayzata, Minnesota 55391 BOARO Of MANAGER& David H Cochran. Res • Albert L Lehman • John E 'homas Camille D Andre • James R Spensley • Richard R Miller • Michael R Carrotl Permit Application No: 85-137 Date: October 13, 1986 Owner: John Dougan 2785 White Oak Circle Orono, MN 55356 Location: City of Oron,� Sec 4BD, east of Crystal Bay Road and nortr, of Fox Street Purpose: Wetla,,d alteration to control water and prevent overloading of drainfeld and flooding DEir Mr. Dougan: Receipt is acknowledged for the following which you have submitted as part of the above permit application: 1. Revised plan showing a drainage Swale rather than a storm sewer pipe, received October 7, 1986 prepared by Coffin and Gronberg. 2. Conditional use permit from the city. This plan is in accordance with the action taken by the Board of Managers on August 21, 1986 in reference to the above permit. This letter is your permit from the Minnehaha Creek Watershed District. Permit approval is based upon the following exhibits: 1. Permit application 86-137 received August 11, 1986. 2. Site map of the area. 3. Site plan prepared by Christopher Hughes, P.E. of Coffin and Gronberg, received August 13, 1986. 4. Letter from the District to the applicant dated August 28, 1986 informing them of the permit status. 5. Revised plan showing a drainage swale rather than a storm sewer pipe, received October 7, 1986 prepared by Coffin and Gronberg. 6. Conditional use permit from the city. The Board approved the permit application with the condition that the owner has the responsibility to operate and maintain the approved stormwater management facilities which were designed in accordance with Rule B of the Watershed Rules. Permit Application No: 86-137 (continued) This permit is valid for one year. If construction is not complete within one (1) year, an extension must be requested. Please contact the District at 473-4224 when the project is about to commence so an inspector may view the work in progress. EUGENE A. HICKOK AND ASSOCIATES Engineers or the Dist ct 6L `G 'Michael A. Panzer, Date of Iss,6e kh cc: Board G. Macomber C. Hughes, Coffin and Gronberg J. Mabusth, City of Orono 1 _ 7 �yf D OAS �l:l+ti�'.;W.�L.�if �i �u �LI i •L .IL. ic.;a a „C LAKE MINNETONKA fir! r. vl r:. nr -i ­�'1;r ad W P.O. Box 387, Wayzata, Minnesota 55391 ',TA e..; _ — .,.; •ate-...� c ,. BOARD OF MANAGERS: David H Cochran. Pres . Albert L Lehman -John E Thomas Michael R. Carroll .Camille D. Andre .James B. McWelhy .James R Spensley _.. .... -__._. ..... .,.. •=r_•--j.=z_:._ .raa-rrx�.-:.r t.s-•--r�r'n•a: Permit Application No: 86-137 Date: August 26, 1986 4 Owner: John Dougan y /, 7 2785 White Oak Circle�� " ' Orono, MN 55356 I ,� Location: City of Orono, Sec 4BD, east of Crystal Bay Road and north of Fox Street Purpose: Wetland alteration to control water and prevent overloading of drainfeld and flooding Dear Mr. Dougan: At the regularly scheduled Augt,,f 21, 1986 meeting of the Board of Managers, the subject permit application reviewed. Action was taken allowing District staff to issue your pel,llit only after receipt and staff approval of the following: 1. Information regarding the size of the in -coming cul%,,:-t and a plan showing the outlet pipe to be the same size of tho inlet pipe. 2. Documentation that the applicant has received a conditional use permit from the City of Orono. Please be advised that the project is not authorized until the above has been submitted and you have been notified of permit issuance. Should you have any questions regarding this matter please contact me at 473-4224. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers fortheDistricL Julie Johnson kh cc: Board G. Macomber Chris Hughes, Coffin and Gronberg J. Mabusth, City of Orono ' TCi% lo, r loe+-' r r ' l s � \ �o G k X Y. '� \ T �� 97o OT 3 1 10I _ loo, 1 10/ � 1 - ' 9640 ,- T99s3 xTWO! 3 T9G97- �` 1 Q 64 q66 Toll Tomil # Ile T9 4WET 0 200 400 1 feet nj vo 1r •! • ' t o` f I . f .... 26• .4 Res.3333 3 . •J: { . y EAST 759.89 330 ,;�, • .- 4219.89 I F ' Z 0 Z 2 A •d a 1: N GG • . 00 n, ^ 7 `hs80541 310.8T E B C 0! 04 , } V s IJ + .fl K+ • d,° D c 3333 396.89 EAST 330 3 Q.61 j .. LOT 23 v. �� -----1.6T LOT 24 ` r LOT 21 LOT 20 h 8Y5S'V.' 3?1.41 K TOWN tf t5M tib"bI N ••a791 '` FOX STREET N / �� / LOT ?9 l� TO: Mayor Butler 'J►' ir�3G Mark Bernhardson, City Administrator Orono Council Members 41 FROM: Michael P. Gaffron, Assistant Zon 5 Administrator DATE: November 4, 1986 SUBJ: #1084 Robert Maxfield, 4175 North Shore Drive - Resolution Exhibits - A - Memo and Exhibits of 10/13/86 B - Planning Commission Minutes 10/20/86 C - Resolution of Approval This is a request to Allow a second residence to be constructed on a group of commonly owned separate tax parcels totaling 1.03 acres - LR-1B one acre zone. There are 5 parcels total. The proposal is to keep 3 parcels totaling 0.57 acres with the existing house and build another house on the remaining 2 parcels totaling 0.46 acre. Please read through the memo of 10/1-'+.,6. This request is similar to other common ownership situations approved in the LR- 1B district in contemporary times. Planning Commission voted 3-1 to recommend approval of the lot width and area variances. The minority opinion was that this approval seems to defeat the purpose of the 1 ^re zoning district. Staff notes that inherent in the approval is an approval of lot width and area variances for the existing residence. The applicant has contacted Hennepin County and Dave Zetterstrom of the Hennepin County Highway Dept. has stated to me that he has no problem granting an access for the new lot, but will require that the existing bushes be trimmtu back to provide better sight distance. His letter to that effect is forthcoming. He said they will issue no actual permit until a specific house and driveway location is proposed fo the F4 te, hence we will require such permit prior to issuing a building permit. A resolution reflecting the Planning Commission recommendation is attached for your review. City of ORO O RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTICA!j 10.24, SUBDIVISION 5 (Bj FILE #1084 WHEREAS, Robert Maxfield (hereinafter "the applicant") is the owner of the property located at 4175 No,th Shore Drive within the City of Orono (hereinafte- "City") and lega'ly described as follows: Lots 49, 50, 51, 52 and the east 1/2 of Lot 53, Highwood Lake Minnetonka, Hennepin County; Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.24, Subdivision 5 (B) to permit the construction of a new single family residence on combined lots 49 and 50, comprising 0.46 acre where 1.0 acre in area is normally required, and a lot width of 100 feet where a width of 140 feet is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1084. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 20, 1986, and recommended approval of the proposed variances based upon the following findings: a) The existing house proposed to remain on lots 51, 52 and 1/2 of 53 is located 33' from the east line of Lot. 51, 35' from the west line of the east 1/2 of Lot 53, and 55' from the front lot line, meeting the required setbacks for the LR-].B zoning district. Proposed lot area for the existing house is 0.57 acre in this one - acre district, with a proposed lot width of 125' where 140' width is required. The existing hardcover on these three parcels is within the allowable limits. Page 1 of 5 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. b) The proposed building site comprised of Lots 49 and 50 will be of width 100 feet and depth 200' for a lot area of 0.46 acre. This lot area and width, taking into account the required yard area, provides a building envelope of 80' width and 135' depth, and would allow up to 6,675 s.f. hardcover, providing ample area to construct a single family residence without the need for further variances. c) Lots 49 and 50 were each assessed for 1/2 sewer unit and front footage. Lots 51, 52 and 1/2 of 53 were in total charged 1 sewer unit and front footage. At the time of assessment 1970 LS-1, Lots 49 and ;;0 were considered as a separate building site even though the property was, at that time, vacant and zoned for 1-acre minimum lot size. d) A separate sewer stub has been provided to Lots 49 and 50. e) Both the proposed building site and the site with the existing residence are similar in area to other common -ownership lots which have been approved as building sites in contemporary times in the LR-lB zoning district. f) The proposed new building site on Lots 49 and 50 is larger than 29% of the currently developed properties in the LR-lB zoning district. 4. The Hennepin Cou;tty Dept. of Transporation has indicated they will approve an access onto County Road 19 for the property. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 RESOLUTION OF THE CITY COUNCIL 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely -.�rve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre- serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning :ode and ComprehenEive Plan of the City. CONCLUSIONS, OF i:' ,l Ar i CONDITIONS Based upon the above findings, the Orono City Council hereby grant variances to the Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on Lots 49 and 50 of the property, which lots comprise 0.46 acre in area and 100 feet in width where 1.0 acre in area and 140 feet in width are normally required for construction of a residence; and grants variances to Section 10.24 Subdivision 5 (B) for the existing residence on Lots 51, 52 and the east 1/2 of 53, which lots comprise a parcel 0.57 acre in area and 125 feet in width where 1.0 acre and 140' width are normally required, subject to the followingconditions: 1. County driveway access permit must be obtained and submitted prior to issuance of building permit for Lc 49 and 50. 2. Payment of $225 sewer trunk charge and $430 park fee at the time a building permit is issued for Lots 49 and 50. 3. Maximum permitted hardcover is 6,675 s.f. on combined Lots 49 and 50. 4. Maximum permitted hardcover is 7,781 s.f. on combined Lots 51, 52 and east 1/2 of 53. 5. Combination of Lots 49 and 50, and combination of Lots 51, 52 and 53 must be completed prior to issuance of building permits for either building site. Page 3 of 5 • Y, T Clty of ORONO r RESOLUTION OF THE CITY COUNCIL �•; P r"i ti NO. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within ona year of the date of Council approval, or this variance will expire on that date (November 10, 1987). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and here- by agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth day of November, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) Property Owner Page 4 of 5 To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 13, 1986 Subject: #1084 Robert Maxfield, 4175 North Shore Drive - Variance - Public Hearing List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Sewer As -Built Map Exhibit F - Hardcover Calculations For Each Building Site Exhibit G - Tax Book Information, 1/17/86 and 1974, and Sewer Assessment Breakdown Pertinent Facts: 1. Entire property includes 5 parcels, all separate for tax purposes all 5 parcels apparently purchased by Maxfield at same time - zoning has always been 1 acre, since prior to Maxfield's purchase. 2. House sits on Lots 51 and 52, with ample setbacks, 33' from proposed east line and 35' from existing west line. Existing hardcover for Lots 51, 52, and 53 is well within the prescribed limits. Vacant lot (49 & 50) has an allowable hardcover of 6,675 s.f., ample for the intended residential use. 3. Lot Area and Width: Total of Parcels Standards For LR-lB Proposed: 1) Site With House (Lots 51, 52, 53) 2) Vacant Site (Lots 49 & 50) Area Width 45,000 s.f. (1.03 ac.) 225' 43,560 s.f. (1.00 ac.) 140' 25,000 s.f. (0.57 ac.) 125' 20,000 (0.46 ac.) 4. Sewer is available and has been fully assessed to the proposed vacant building site: Lots 49 and 50 were each assessed � sewer unit and footage but not the $225 trunk charge (to be charged with building permit). Lots 51, 52, 53 with house were charged 1 sewer unit plus footage and trunk charge. Zoning File #1084 October 13, 1986 Page 2 of 3 5. a) In the LR-lB Zoning District, as of 1984: - 657 existing developed single family residential units - 634 of 657 (or 96%) meet or exceed 0.20 acre - 508 of 657 (or 79%) meet or exceed 0.40 acre - 465 of 657 (or 71%) meet or exceed 0.46 acre - 363 of 657 (or 56%) meet or exceed 0.60 acre b) Recent lot area/width variances granted to common ownership lots in the LR-lB District: Hmstd Lot Vacant Lot Application #813 Smith, 525 Park Ln .71 ac .38 ac #830 Smiley, 2720 Pheasant Rd .65 ac .59 ac #1051 Glesne, 1475 Cherry Pl .68 ac .64 ac Maxfield Request . . . . . . . . . . . . . .57 ac .46 ac c) Substandard single separate ownership lots granted build - ability in recent history in LR-lB District: Application #607 Bredeson, 1410 Rest Pt Rd #632 Hommeyer, 477 Park Ln #658 Coddon, 4015 Dahl Rd #780 Bloms, 4195 Forest Lk Dr #802 Munsr'l, 4100 No Shore nr #833 Broch_pp, 933 Wildhurst Tr #858 Howells, 1448 Park Dr #873 Clifford, 4760 No Shore Dr .53 ac 1981 .52 ac 1981 .44 ac 1981 .39 ac 1983 .23 ac 1983 (expired) .40 ac 1984 .60 ac 1984 .39 ac 1984 d) Single separate ownership lots denied buildability in LR-lB District in recent history: Application #820 Fisk, 493 Park Ln .25 ac 1984 #912 Hedlund, 3990 No Shore Dr .22 ac 1985 e) Common ownership lots denied buildability in LR-1B in recent history: No contemporary applications found in LR-lB. Discussion: Regarding Access - given that the proposed building site is on County Road 19, a Hennepin County Driveway Access Permit must be issued. Both the County and the City generally prefer a shared driveway to minimize accesses directly onto the County Road. However, the existing bushes make the existing driveway very hazardous for getting out onto the road. Applicant should be advised to contact Hennepin County Department of Transportation as soon as possible regarding the access permit. Zoning File #1084 October 13, 1986 Page 3 of 3 Regarding Variances - Given the facts as listed in 1 thru 5 above, this application appears to be consistent with other applications that have been approved in recent years. A second sewer unit was assessed even though the zoning at the time sewer went in was 1 acre. The vacant lot at 0.46 acres is larger than 29% of the existing developed LR-lB properties. Staff Recommendations: Staff would recommend approval of lot width and area variance subject to: 1. County driveway access permit to be obtained and submitted prior to Council review of the application. 2. Payment of $225 sewer trunk charge and $430 park fee at the time a building permit is issued. 3. Maximum permitted hardcover of 6,675 s.f. 4. Combination of Lots 49 and 50, and combination of Lots 51, 52 and 53, prior to issuance of building permit. t 84 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double appl'-^ation fee) ------------------------------- ------------------------------------------ PROPERTY LOCATION Site Address "1 1 71— 1Z S L D j-e Property Identification Number (P.I.D.) Please check one - Is the property o7-/17-13 Vyooy/ o' - -13 yY ooyL abstract or V----torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name o/JAY /o� Phone Mailing Address 1 ?5 X -S-Ile e, --------------------------------------------------------------------------- OWNER t Name p ke t / y 4i' /i Phone Mailing Address Y/ S6> O /�� &. _ �L�/�l/�J &413,,y Date Property Acquired ��'�� (month/year) I (do) (do-itot-1 also own the adjacent parcels of land. ---------------------------------- I ---------------------------------------- PRESENT USE OF PROPERTY Present Zoning Dic.�tric.;: Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: r --------------------------------------------------------------------------- VARIANCE�S RREQUIRED / Lot Area v Lot Width hardcover Setback Variances ( Front Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning re illations :"//�� 1 L / g 1gl .� i-�'Gf.�2Lt U, .. a�� Cr . �Le DESCRIPTION OF UNUSUAL PROPERTY COND TIONS Describe unusual property conditions preventing comp lance with Zoning Code Requirements: _T1 _wtvl� see-jH 'fair ✓9{,'o iorrV y ,.,eT '4 „ . ---------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, leaal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has nit been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied �s true �� dvbrr�t to the best of his/her knowledge. ' Applicant's Signature Vi,"'tV 11 v OWNERS SIGNATURE Date The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Councik members for purposes of investiga- tion and verification of /this rewyeZ ` A �../ Owner's Signature — + Date Applicant must have all submittal into the City offices 25 days before *ho, Planning Commission Meeting. P u nning Commission Meetings are held on `he third Monday of each month. b u v w to it 2i .;(,�23~ 1 22 \•lip� td / `s r, � ' ��� , � _) Ef s) 21 20 19' i •(��� s �1� (� t °� `.^�._y • e � �5) to 10 It zc N s�1 13 � �' �s / , . f• is ' 11 to o I I f f el • 3 � (,ti� + � � 1,, t .moo e • � „� v 23111 6 � `� 11 4' 3 r 24 QP� o° (I�j 1 Ize 4e 90 Ifo 6o So zo �ttss fo Oo d a47.9 ;plw ALP + _ 94 60 93 s s, a o and ki 55 isIJ 14 ° TIC 3 !- NOR T 774 Ms� 76 SHO at !11 ss l •r, E / 3e33. DID s CIA) op0 ,1 ' / \^ . is 14 00 at to I:UN DATE 09/16/66 9ATCH 001 38 07-117-23 43 0007 PPOP ADDR 04201 FORTH SHORE DR ^„CRIER NAME DANIEL C HARTNETT WIFE TAXPAYEP DR DANIEL C HARTNETT NA'4E/A00R 1854 W WAYZATA BLVD LOl:G LAKE M 55356 r 38 07-117-23 43 0010 PROP ADDR CAJER NAME UNITED CH HOSP ASSN TAXPAYER FAIRVIEW HOSP ASSN i+ !::ME.'ADDR 2312 6TH ST S MPLS MN 55454 /+ 38 07-117-23 44 MOP ADDR 04190 HIGHWOOO ko 0'.2:ER NAME JAMES P ZUCCARO r TAXPAYER JAMES P ZUCCARO NAME/ADDR 4190 HIGHWCCD RD MOUND MN 55364 r 38 07-117-23 44 0027 PROP ADCR 04166 HICt;1.4000 RD r" =iER NAME H A L DEVAAN TAXPAYER HERBERT A LORETTA DEVAAN NAME/ADCR 17005 SUSAN CR t'It«:ETGNKA MI 55343 3E 07-117 44 0030 P20P ADDR 04140 HIGr.WOGO RD WIER HA'IE R J SHEERAN 1 J F DONNAY TAXPAYER RANDY J SHEERAN 11At':E/ADDR 4140 HIGHWO00 RD M-LIV MN 55364 33 07-117-23 44 0040 POOP ADDR 04150 HIGHWOOD RD C.4NER NAME J STEININGER A S MAGRAW TAXPAYER J A STEININGER A S J MAGRAW tiAME/ADDR 41SO HIGHWOOD RD MOIAiD MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 43 0008 04203 NORTH SHORE DR EDITH H DONGOSKE EDITH DONGOSKE 4203 NO SHORE OR MOUtiD MN 55364 33 07-117-23 43 0012 STATE LAND DEPT CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 38 07-117-23 44 0025 04182 HIGHWOOD RD K N LINDLAN A M R SIME JAMES POCHAROT 4182 HIGHWOOD ROAD ORONO MN 55364 38 07-117-23 44 0028 04150 HIGHWOOD RD J A STEININGER L S J MAGRAW JOHN A STEININGER 4150 HIGHWOOD RD MOUND N`! 55364 38 07-117-23 44 0038 U4109 NORTH SHORE DR WARREN J KLIPSTEIN JAMES L LISBETH CLEARY 4109 NO SHORE DR MOUtm MN 55364 REPORT NO. PI435401 PAGE 1 38 07-117-23 43 0009 UNh:-1 CH HOSP ASSN FAIRVIEW HOSP ASSN 2312 6TH ST S MPI.5 MN 55454 38 07-117-23 44 0023 JULIUS C HALLUM FAIRVIEW HOSPITAL ASSN 2312 S 6TH ST MPLS MH 55454 38 07-117-23 44 0026 04174 HIGHWCCO RD B L EARTO`: A D W HALPER HCFBERT B DEVAAN 17605 SUSAN DRIVE MINNETCMA i:N 55343 38 07-117-23 44 0029 C i146 HIGHWOOD RD JEFFREY A MARTENS JEFFREY A MAPTENS 4148 HIGHWOCD RD MOUt:D MN 55364 8 07-117-23 44 0039 WARREN J KLIPSTEIN JAMES A LISaETH CLEARY 4109 NO SHORE DR MOUND MN 55364 33 07-117-23 44 0041 33 07-117-23 44 0042 R A A MAXFIELD R A A MAXFIELD ROBERT A ANN M MAXFIELD POBERT A AK4 M MAXFIELD 4175 NORTH SHORE OR 4175 NORTH SHORE DR MCUND MN 55364 MCUND MN 55364 6 �A ;UH DATE 09/16/86 BATCH 001 38 LI-117-23 44 0043 P PROP ADDR OWNER NAME R L A MAXFIELD TAXPAYER ROBERT d ANN M MAXFIELD tJaME/aJOR ki:5 NORTH SHORE DR r rDUND MH 55364 /nk 38 07-117-23 44 0046 FPCP ADDR 04191 NORTH SHORE OR C:.'JER NAME JOT!N R ANDERSJK R WIFE TAXPAYER JCHN A LILIAN ANr—RSON P t�t?.E/ADDR 4191 NORTH SHORE LR MOUND M14 55364 38 07-117-23 44 0049 Fr OP ADDR Ci :�R NAME LEMBIE S STENBERG /s T-'XPAYER JUNE TOUVE NAME/ADDR 1440 SUMPTER AVE NO GOLDEN VALLEY MN 55427 I"` 38 07-117-23 44 0052 ?'POP ADDR 04140 NORTH SHORE DR /+ C::::ER NAME DAVID J KAUFORD ETAL %X PAYER DAVID J KAUFHOLD NAME/ADDR 4140 NORTH SHORE DR 110UtJD MN 55364 A +y CPCP ADDR O::tiER NAME TAXPAYER TOTAL BATCH !:AME/ADDR 001 00030 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 014NERS LIST 38 07-117-23 44 0044 04175 NORTH SHORE DR R i A MAXFIELD ROBERT & ANN M MAXFIELD 417S NORTH SHORE OR MOUND MN 55364 38 07-117-°3 44 C047 04196 NORTH SHORE DR LEMBIE J STENBERG JUNE TOUVE 1440 SUMPTER AVE N GOLDEN VALLEY MN 55427 38 07-117-23 44 0050 LEMBIE S STENBERG JUNE TOUVE 1440 SUJIPTER AVE NO GOLDEN VALLEY MN 55427 38 07-117-23 44 0053 SHEILA M JOHNSON SHEILA M JOHNSON 3812 2 1/2 ST NE MPLS MH 55421 REPORT NO. PI435401 PAGE 2 38 07-117-23 44 0045 R E A MAXFIELD ROBERT & ANN M MAXFIELD 4175 NORTH SHORE OR MOUND MN 55364 38 07-117-23 44 0048 LEMDIE S SfENBERG JUKE TOUVE 1440 SUMPTFR AVE NO GOLDEN VALLEY MN 55427 38 07-117-23 44 0051 LEMBIE S STENSERG JUNE TOUVE 1440 SUMPTER AVE NO GOLDEN VALLEY MN 55427 38 07-117-23 a 054 SHEILA M JOHNSON Fr!EILA M JOHNSCN 7,312 2 1/2 ST N E h^LS MH 55421 r• I . . n (Tertificate. (of fur Survey For,8O B /iX/Fl L7 Book T Pag _ �9 File_____, `4z'o \9) / gb fl);r, NG / o i-s-wf GpR; �0%l53 / S / LDT 5'Z / / LOT 5-1 0 / �D Sepz'e / 46 Q = Z'90H SET O = -rko i/ r1/10L SCHOBORG ND SURVEYING INC. D72•�221 hi. 2.0.�i33 OIL.-0. MN 03,120 ADD / / LOT SD / l LOT 49 / Sp / / / So LOTS 47 ,7MD so , WGf/L 000 LIIkC M / /✓ /V E TD Al If A , I/E A11V E CDo niTY m/l✓IVES07-N• I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF TH SSTT TE OF MINNESOTA. DATE / REGIST ION NO. 14700 ��\9 Q ' �� (] c � O�'` ' �J� ' ---�--- k H0 \ \ \ \ \ �0 \ \ \ \ \ . . . . . Survey For_L30 8 M4 x F/Fl C) Book -Q Pago _ 6y _ File Lor163 1 LDr sZ / �0 SO SC'ACE l = 46 p = rRON SE7- ®= Tko i/ Z//P" SCN_OBORG ND SURVEYING INC. iri. 2. oo: i 3 3 072'�2209u 0. MN 63�20 \9) yGeT,� D\� s I LOTS 49 fIND SD WIG11LO000 Z19 M 11✓N F- ?'ONKA , WEVI✓E PIN LOVAJ7"Y m l lVAI ES07`1J . I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF ii ST TE 0 MINNESOTA: DATE NO. 14700 LAKESHORE SETBACK ZONE 0-75' 75-250' 250-500' 500-1000' Directions: Ex t e 7- 5" 3 ORONO HARDCOVER CAI "LATION WORKS A. existing B. Existing I,it area hardcover in zone in zone sf sf �9,3iS -ems f �SiL2.51 25100 0 s f C. Existing hardcover percentage [ (B .A) x 1001 0 st o sf sf (7s0) 2 2 a5'" s f D. Proposed hardcover in zone sf sf E. Prcposed hardcover percentage [(D-IA) x 100) F. Allowed hardcover percentage 0 2 5 sf 30 Non/E sf NONE % 35 I A. Existing Let Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain-impervioua surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply,by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existinc hardcover matches the additional hardcover proposed, resulting in no net increases of hardcover in a specified zone, a variance may not be necessary. o T-s 4 y 670 084 ORONO HARDCOVER CALCULATION WORKSHEET 1, Existing E. Proposed LAKESHORE A. Existing B. Existing C. D--�a'Sed- F. Allowed hardcover hardcover SETBACK lot area hardcover hardcover hardcover percentage percentage ZONE in zone in zone percentage [ (B:A) x 100] in zone ( (D:A) x 1001 0-75' 75-250' 250-500' 500-1000' Directions: sf sf sf 000 sf sf o. sf 9�1 sf 0 sf sf ' I Sc-) sf �o O sf O �� � sf 0 /o 25 '4- 30 35 A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply,by 100. F. Allowed Hardcover Percentages - " ':he percentages in column E for any setback zone exceed the r'lowed percentages in column you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a'concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. I+l-.ttr.l I.t' 1.41%: MTKA .;0 r.4'' 14:).u�-' hELGA [77-3 99JG51�JC�c; � MaXF•IeLl iCQL;T 1 �o'r5U 417:) 1►.I�TH �r+. i.� MOUNU u vc+• T -A 33u2 I"�TE'�;: _aG+� 5�rcr. v3 !b �'.•ti7 145.s9 hELGA SOA�40-*aN :,77-3 990G51t,JGdFS_.- / M4XFIELJ .;J�, , T T 417s 1v:raTh -MOl NOS MN 553d4 b GEN TAB 3302 1;.TEZG ��•� Scwt� u3 !fs -. 5392 .__ si: IMP 197 lL4-1 4�.51 �u.-•Y hELv a .7 7 99Le516.iCt�e. HAAFIELJ-r,::Fr T T yvT �t 4175 *%.;-�Tr+ 7 Lr. S %XC: JZ- T A A ( 4 E 1AUREIT 3402 It.T;Pl; ;GY 5EN:2 vs !ri 53rt tivS.G� [oN.tS MELGa yvAn«nt �77_s 14AXFI:-L c�_ r t J �o'r 53 o , T4A .34vc I'.! NELL 1+ F J- JESS M. TLr 2UA.3br,a It 3u(j t.l4 14,,.ti5 1U�.:baa y5U 4ull 2 -34 54.4S l0u.SU=• llr4..ri 6, 7r,t. 7uU. jJ -:I15.14 t .34 ib3. "�S (.71.s4•• 6 5 ti flu i 4.71� 1.& U •>..1v ke a,8uu +t Ja.4 .74. :,u ice•,. `'- U pC7 . 110 r. J 14 'yt _.. L7.9 =A" _ T..A IL cL.7c lc.7t »=C ern aa� t •• v�3-1 •41 143.55 15S.++yss -T i .�_ J , = AA �v5 17 r0Z!,- i T LGT ay�.55 `� 2 3C,o A03 A'b! RUN DATE 01/17/86 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT N0. P24133411 19'. TAY P lr" ----N 38 METES A-15 60U':DS DST SHp DST R b A MAXFIELD 099 9900510008889 "HIGHWOOD LAKE MINNE".NKA" 049 42300 4700 07-1'7-23 44 X41 i,C^ERT i A'- "1 M MAXFIELD _ _ _ _ 050.jr 7 3 r35 NORTH SHORE DR STATUS: CUiiWEN( KOUND K-4 55364 SEC-HMSTD REF ID 07-117-23 44 U044 TAXAZLE HARKET , UALIFYI14 AMT b D V SIO'1 NO TAXAZLE ASSESSD 792 FD SNARED ASSD DIVISIv,i DATE R'1TAl TAX FD AREA RATE .0nSEE ID S I; P& AAT IF PROJECT N7. TAX LEVY/DESCRIPTION MMSTDPRTYP RATE A"!0NT .,+AN0 r. Mr.r.i OwN A !c Kt-,.� rv- fi.iJ TAX N H:,STD CR R 4 $ 45.14 4,4U� HMSTD CR ASSD 792 J TOTAL TAX a.44 IOTAL PAID AMT UN?A1D 33.44. oy"srf PORT CODE/LOAN R ADDITION Ne'*E LOT PLK_ PLAT oAPrEL Pa-F R e TAXF.IYLR 1::.:-,E/ADDRESS ESCROW NAri uDkESS A�kEAGC�S H Wyk SEW vkt rtitTr AL ncSS SN 16? K C METES AND BOUNDS DST SHD DST k G A NAXrI'-LD ' Y d H 0it� �J L H NNEi 7.:,A U -" Jr- 1 - 44 —2 RC-ERT b A:.'N M MAXFIELD OW.00 277 3 4175 K-0gTH SNORE DR STATIIS C�RFNT f.,jU;4D h;J SLEHA kkF ID 07-117-23 44 Gj44 Tr,xr'?LE MAICET 1 44f.0 QUALIFYIJ'G AMT 134.66 DIVISION NO TAXA3LE ASSESSD �,[/T-- —i0 SHFktD ASS V S7ON—D RENTAL TAX FD AREA RATE .000 SEE ID S IF PI.OJ F.'ST IF PROJECT NO. TAX LEVY/DESCRIPTION HMSTDPRTYP RATE AMOUNT LAND BLDG MACH OWN% SASEI BASEZ NHBASE NON-K15T GEN TAX H R 105.547 134.e6 4 400 1 TOTAL TAX 91.24 TOTAL PAID 00 AMT UNPAID 91.24 OWNER KORT CODE/LOAN 0 ADDITION NAME LOT OLK PLAT PARCEL PROPERTY I.D. TAXPAYER NA"SE/ADDRESS ESCROW NA'1E/ADDRESS ACREAGE SCH WTR SEW PROPERTY ADDRESS S11 Tt'? rr, Go ' ' ;-X- NETES IL14D 6Jut4DS51-SA6US R b A MAXFIELD 099 990051000ile80 "HIGHF!OOD L� AKEE MlN ETOYKA" f151 4210Q 49i�Q 517-117 44 C` st ,SHORE 4175RWORTH OR STATUS: CURRENT h^1^1D RN 55364 SEC-HMSTD REF ID 07-117-23 0144 CO3 I RUN DATE 01/17/86 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT N^. PI4334�j. 1986 TAX BOOK TAXABLE MARKET 4,400 QUALIFYING AMT 134.66 DIVISION NO TAxkzLE ASSESSO• AXtV Ab_D DIVISION DATE RENTAL TAX FD AREA RATE .000 SEE ID S IF P"OJ A'T IF PROJECT 1,0 TAX LEVY/DESCRIPTION KMSTDPRTYP RATE AMOUNT G"cN TAX _ H R 1C15.547 1?4.(6 TOTAL PAID LAND BLDG MACH OWN% BAFE1 DASE2 N'.QA,E NCH-HMST _400 1 0.3 1_2'5 ART UYPAID 134.66 UL;.ER KjiT COSE LOAN 0 ADD T UN NAME LOT bLK FLAT PARCEL FhirERTT I.D. TAXPAYER NAME/ADDRESS ESCROW NAME/AP^RESS ACREAGE SCH WTR SEW PROPERTY ADDRESS SN 76P Fr, QQ SUFX METES R':D BOUNDS DST SHD DST R i A MAXFIELD P07ERT R A'.Y M P a17 I.JRTH ShO,.E FOUND ICI 55364 099 990051000'89 "HI HWOOD LAKE MINNETONKA- 052 42300 5X0 07-117-23 44 0044 �. �7 17 NORTH rN 0 FSTRATUS: CU REF EF ID 07-117-23 44 W41 T (k:,LE li;AK , U UAL hY1i1G ITT , DIVISION NO TAXP.3LE ASSESSD 10,728 FD SHARED ASSD DIVISION DATE rEtITA TA FD C.^EA RATE ^n SEE ID S I Pd0 C. PkOJt 1:0. TAX LEVY/DESCRIPTION H"S7DPRTYP RATE A^!OIMT lAF!D slot, MACH OWNX BASE BASF V4-A« N^V-PMST ij TN K— M5. • � 11 H;;STD CR 611.44 HMSTD CR ASSD 16,728 TOTAL TAX 20.86 1,,THL VOID ANT U'•e VORT CODE/LOAN 0 ADDITION NA4E OT BLK P aRC T PACL PRn-FRTY T_0 TFkJU'MYtK N{...c/ti AL ES KU Ni.��E%�OOR S�—A- —S W W VUY K 5 S.1 TWr' kG S X FETES A::D GOULDS DST SHD DST R & A NAXFILLD ui9YUJ> in - -L 44—C --+T RC:EAT 8 A:,J M MAAFIELD 000.00 277 3 617S ►.'ORTH SHORE DR ___ STATUS; CURP NT SELY 1 i,.-,T j3.66 DIVISION NO TAXABLE ASSESSD •319 FO SHAREDuASSD DIVISION DATE RENTAL TAX FD AREA RATE .000 SEE ID S YK M—�R37FLTi. . TAX LEVY/DESCRIPTION HMSTDPRTYP RATE AMOUNT LAND BLDG MACH OVN% BASFl BASER NtnA N^•1-H"1T TO TAL OTAL TAXI 33.66 L uA �3S i v bp i z --__ t 39 0 100 = 39 o y BUREAU OF PUBLIC SERVICE 320 Washinof ,,� Av. South HENNEPIN Hopkins, Minnesota 55343 Lf 11 935-3381 Novem!--7, 1986 Bob Maxfield 4175 North Shore Drive Mound, Minnesota 55364 Re: Access to proposed lot division M. Ii 1 NOV 1 019W L-_ As we discussed Hennepin County will allow a new residential driveway to the new parcel approximately 50 feet east of the present one. However, before formally approving a permit the.1 9ge west of the power pole muat be trimmed to enhance visibility. Since this hedge lies within road right-of-way, it must be maintained or Hennepin County will require its removal. If there are s-irther questions, please call. Yourrss� truly, David 'c. Zetterstrom Entranco Permit Coordinator DKZ.01 cc: Mike Gaffron, City of Orono HENNEPIN COUNTY on equal opportunity empioyer To: Mary Butler, Mayor Mark E. Bernhardson, City Admini Bator Orono Council Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 5, 1986 y' ri0t• C.. e � j;�► Subject: #1085 Mr. & Mrs. Richard E. Brown, 1245 Sixth Avenue North Variance - Resolution List of Exhibits Exhibit A - Memo & Exhibits of 10/15/86 Exhibit B - Planning Commission Minutes of 10/20/86 Exhibit C - Resolution This is a request to cons:,ruct a tairwaj down to the lakeshore. The proposed stairway exceeds the limited guidelines under which Council has generally giv,.:n staff discretion to approve, hence a variance is necessary. Hardships to the site include the steep slopes, tinusual height of residence above the lake level, and unusually varied or "bumpy" topography which makes the site unsuited for a straight -down stairw-,.,. Planning Commissitn at their October th meeting recommended 4-0 to approve the stairway as proposed, citing the above hardships as ample ji i�fication for the granting of a variar e, and eliminating the canopied structure as :shown on the proposed plans. Please revi-w Lhe memo and exhibits of 10/15/86. A resolution for approval is attached for your review. City �Ar' "� � �! J�TO RESOLUTION OF THE CITY COUNCIL NO. --- -- - - - A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 & 2 AND 10.55, SUBDIVISION 8 PILE #1085 WHEREAS, Richard E. Brown (hereinafter "the applicant") is the owner of the property located at 1245 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as follows: All that part of Lot 1, "Auditor's Subdivision Number 291, Hennepin County, Minnesota" lying South of a straight line drawn parallel with and 366 feet North of, measured at right angles to, the South line of Section 26, Township 118, Range 23; East of a straight line drawn parallel with and 725 feet East of, measured at right angles to, the East lir , of the West � of the Southwest 1/4 of Section 26, Township 118, Range 23, and the same extended; and West of a straight line drawn parallel with and 1,055 feet East of, measured at right angles to, the East line of the west � of the Southwest 1/4 of Section 26, Township 118, Range 23, and the same extended, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivisions _ & 2 and Section 10."5, Subdivision 8 to construct a stairway structure within the 0-75' lakeshore setback zone, constituting structure and hardcover where no structure or hardcover -Js normally not allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1085. 2. The property is located in the LR-lA Single Family Rural Residential Zoning District. 3. The Orono Planning Commission, reviewed this application on October 20, 198b, and reccmmende3 approval of the proposed variance based upon the follc^4ing findings: A) The proposed stairway will averaging about 55%, too steep without some type of stairway. e located on a slope ..o h-� safely traversed Page 1 of 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. B) The topography of the site is such that a stairway heading straight down to the lakeshore without prependicular landings would likely require unusual excavation and construction techniques and is not reasonably feasible. C) Existing mature trees will serve to partial'.y screen the stairway structure from the lake. D) The stairway with the proposed perpendicular landings will provide a safety stop should anyone trip or fall on the _airway. E) The proposed lighting fixtures integrated within the stairway will point downward and will serve a safety purpose while not causing a nuisance to the neighbors. F) The proposed stairway and the existing pumphouse comprise a total of 2.6% hardcover in the 0-75' lakeshore setback zone. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on ti,is property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is neces,;ary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the 7?ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to permit the constructor of a stairway within the 0-75' lakes ore setback zone where no structure is normally allowed, and which structure will increase the hardcover in the 0-75' lakeshore setback zone to 2.6% where no hardcover is normally allowed, subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL 1. Structure and hardcover in the 0-75' lakeshore setback zone is limited to the stairway and existing boathouse, comprising a total of 664 square feet of hardcover, or 2.6%. No ad 3itional hardcover variance is granted with this approval. Applicant is advised that future requests for hardcover within the 0-75' zone will not be approved, and might be approved only with concurrent removal of equivalent amounts of existing hardcover. 2. The stairway structures shall conform to the approved plans. The canopy structures shown on the plans shall be omittea. A building permit must be obtained prior to commencement of construction of the stairway. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 10, 1987). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has , understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this loth day of November, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 of 4 To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Me. )ers From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 15, 1986 Subject: #1085 Mr. & Mrs. Richard E. Brown, 1245 Sixth Avenue North Variance - Public Hearing Zoning District - LR-lA Application - Variance to construct lakeshore stairways (exceeds normal straight-line stain:iay downhill) List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Hardcover Calculations Exhibit F - Photos Exhibit G - Stairway Proposal Pertinent Facts: 1. Hardcover: - Existing 0-75' Hardcover: 0.5% - Proposed 0-75' Hardcover: 2.6% 2. Slope: - Length of Slope = 60' approximately - Height of Slope = 33' approximately - Slope Percentage = 33/60 x 100 = 55% 3. Hardships: - Unusually steep, long slope down to lake - Location of existing trees and clearing - "Bumpy" topography on slope (would require excavation to provide a straight -down stairway) - Straight -down stairway would provide little or no safety protection if someone was to fall (they would fall all the way to the bottom' Zoning File #1085 October 15, 1986 Page 2 of 2 4. Code/Policy Requirements: The Zoning Code currently treats stairs and decks as hardcover, and they are definitely structure, and as such their construction is a variance to the code requirements. Council has recognized that people have a right to have a safe access to their lakeshore, and have allowed staff some discretion in approving stair- ways without a formal application, as long as such stairs are minimal, constructed straight down to the lake, have landings no more than 4' x 41, and have spaced decking and non -hardcover surfaces underneath. The Brown's proposal exceeds th ..,e guidelines, hence the need for a formal application. S. Screening, Aesthetics - although the straight -down stairway is generally the least amount of structure, such a stairway may not be as aebthetically attractive when viewed from across the lake. In Brown's situation, the existing trees near the shore will help to screen the stairway. Discussion: Please review the photos attached and the stair design. If you view the site, you will be impressed by the magnitude of the slope down to the lake and will be able to visualize the problems a straight -down stairway would encounter. Staff Recomstendation : Given the hardships as described above, staff would recommend approval of the proposed stairway per the proposed plan, subject to omitting the canopied structures shown on the drawing. UC,ffTIN ` IX �v2E /Ni'�� •�Zri� �n� sG� LA41­13>1"& '� ^/f.,-► ,�0;,,,awafti� ,er�� Poeovr� ."!'f ou G op L y J�"_ �M A,�' -zwz, C CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1245 6th Ave., North, County Road 6, Long Lake, MN. 55356 Pi operty Identif ication Number ( F . I. D. ) 261 182334001 Please check one - Is the property abstract or X torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name Mr. and Mrs. Richard C. Brown Phone 612 / 473-6544 Mailing Address 1245 6th Ave., North, County Road 6, Long Lake, MN. 55356 --------------------------------------------------------------------------- OWNER Name Mr. and Mrs. Richard E. Brown Phone 612 / 473-6544 Mailing Address 1245 6th Ave., North, County Road 6, Lono Lake, MN. 55356 Date Property Acquired July 1986 (month/year) -----I (do) (do not) also own the adjacent parcels of land. ------ ---- -------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District LR-1A Present Use of Property Residential Residential --- - Other (specify) ----- ----------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 10,000.00 Describe request in detail: To construct a safe, aestheticall; pleasing stair system from _existinqresidence front ( lake side ) vard to existina boat dock. VARIANCES REQUIRED Lot Area Lot Width X Hardcover Setback Variances ( Front Side Rear) Other ----------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: (1) A matter of safety, negotiating a strEight stair system within a steep 60 ;.o 70 degree slope and (2) high banks cause water to pond within ten feet back from snore line. ---------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Steep slopes coupled with irregular topography within Zone. ---------------------------------------------------------------..------------ REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature f1; (� ` L ice. Date 26 September 1986 OWNERS SIGNATURE V The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission memhers, and Cquncil-, mbers for purposes of investiga- tion and veri.fica(tion,of this req est. 1,/� Owner's Signature L 1"4 Lu 26 September 1986 --------------------------- ------ ---- --------------------------------- Applicant must have all sUPmittal into the City offices 25 days before the Planning Commission Meeting. Pl nninq Commission Meetings are held on the third Monday of each month. I page 9 i 403,' 01419 au C 4010 2 Y t!c I2 Pis. PU4 DATE 09/25/86 r- CATCH 008 38 26-118-23 34 0001 �r PPOP ADDR 01245 SIXTH AVE N 0 .r-R NAME R E BROWN i M P BROWN TAXPAYER RICHARD E BRODRI NAME/ADDR I245 COUNTY RO r�- LONG LAKE MN 55356 JI► 38 26-118-23 34 0006 PROP ADDR 01145 SIXTH AVE N =IER NAME MALCOLM S MACKAY ET AL TAXPAYER MALCOLM S MACKAY NtME/ADDR 1145-6TH AVE N LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 26-118-23 34 0002 01295 SIXTH AVE N DONALD C DAYTON ETAL DONALD C DAYTON 4124 I D S CENTER MPLS MN 55402 TOTAL BATCH 008 00004 REPORT NO. P1435401 PAGE 20 38 26-118-23 34 0005 E W A H S SPENCER EDSON W t HARRIET S SPENCER PO BOX 524 MPLS MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNFPIN COUNTY DEPARTMENT OF PROPERTY T AT;(1Nr THE BEST OF MY KNOWLEDGE AfM BELIEF. DATE/�� gY L / A�---A OWNER Mr. and Mrs. Richard E. Brown 1245 6th Ave., North County Road 6, Luny Lake, MN. 55356 j [.nr' r_"/ %r.lA S&A 5e, re.�//tf t,•resp*mWr,/AfoofMtof . • .... {,fir MN✓Jr♦✓Js is rd'U Eff////� e/N1f/Fr//e� S N r ✓Sac. K " M-CS Z •.�rroY rf..n.�� ay.. Auiro S a \,��•t� o,. • i. y d..rtar � �\ my ti 500600 ern ti k v fsc 1r. Ac 1" q r 1r i3i.• rer:.e, as; 8 •�, ^ /r etllr.ewr Ni ,� Da M, 176195 n I n .` ... rrou-ar Jne v •.�� 1 V resew s' +cro1 F $ ara • �, ;1j v 4 O /M 0 N I/u , 51W. en S AL 1. )!1q Like LEGAL Part, of Lot 1, Auaitor's Subdivision No. 291 Torrens: Document(Deed) No. 1740329 Certificate No. o83294 ORONO HARDCOVER CALCULATION WORKS T 1085 LAKESHORE A. Existing B. Existing C. Existing hardcover D. Proposed SETBACK lot area hardcover hardcover ZONE in zone in zone percentage in zone [(B;A) x 1001 330 x 75 = pump house 0- 1 5 24,750 sf 130 sf .5 75-250' N/A sf sf _ `h 250-500' N/A sf 3f 500-1000' N/A sf sf E. Proposed hardcover percentage [ MIA) x 1001 664.0 sf ? . 6 sf sf sf A/ 0 F. Allowed hardco-er percentage 0 25 30 _ 35 i Directions: A. Existing Lot Area in Zone - includes the total square footage of dry buildable land wit',.4 n the specified zone. B. Existing Hardcover in Zone - includes the square footage of :xisting roofs, decks, sidewalks, driveways (travel or paved) and other rain -impervious surfs-ces within the specified zone. C. Existing Hardcover Percentage - div..de the number in B by the number in and multiply by 100. D. Proposed Hardcover in 7-)ne - includes the existing hardcover plus all proposed additional hardcov L. Proposec. .ardcover Percentages - divide the number in D by the number in A and multiply by 100. F. A11L td Hardcover Percentages - if the percentages in column E for any z.2tback zone exceed the allowed percentages in column F, you should contact the Zcning Depar -ent at 473-7357 to discuss the possibilities of obt -ping a variance. General , if a cc :urrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. ,,ONING FILE NO. 1085 CITY OF ORONO NOTICE OF PLANNING CO iiU SSION ACTION P.O. Sox 66 Crystal Bay, MN 55323 3-7357 Date c,: Notice: 10/24/86 ------------------------- ---------------------------------------- TO: Mr. & Mrs. Richard E. Br-wr COPIES TO: 1245 Sixt , Avenue North Long Lake, MN 55356 TYPE OF APPLICATION: XX Variance DATE OF MEETING: J/20/86 VOTE: 4 For 0 Agair, Planning Commif_sion recommends the follawin4: XX Apprc'val: Ps submitted NOTES AND SPECIAL CONDITIONS: (Omit canopied structures as shown on drawing.) ------------------------ Al cant' next scheduled ineetiug ; s coni -ked as: Counci, Monday November 10, 19-6 If jnu de, -,ire certified copies of ' £7,ial Planning Comn.issio--1 , es, they Ore a�►;3ilable ti. _ hE i* i Recorder `Pr review .end approval by the Planning Commiss: ,�. • _ .! . j/'.; ' lot • - . , lite •A R .A2 lop 7 '10 3 �..�16 . • 1� ri —as rl:. r AV arat�r. 'x,er LOOKING EAST - SLOPE FROM FRONT YARD - DROPOSED UPPER PLATFORM IN LOCATION OF DIRECTORS CHAIRS UPPER LEFT CORNER LOOKING EAST - DEGREE OF SLOPE FRnM YARD DOWN TO SHORE AREA LOOKING NORTHEAST - BEGINNING OF DOCK UP SLOPE IN AREA OF PROPOSED STAIR LOCATION. PUMP HOUSE SHOWN LOOKING LAST - MIDWAY BETWEEN PUMP HOUSE AND FRONT YARD (upper left) V TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Coordinator DATE: November 6, 1986 SOBJ: Change Order #3 - Old Crystal Bay Road Overlay Attached for approval is Change Order #3 for the Old Crystal Bay Road overlay project which allow:, for the placement of 500 feet of culvert to eliminate a :safety hazard. It is anticipated that with this change order amount the: total costs will still be under the total contract amount. ViiE project is funded with MSA monies. PROPOSED MOTION: Moved by _ _, seconded by , that the Orono City Council approve the Ch,-iriac Order #3 amount of $8,300, for the placement of culvert on ( id Cry:,tal Bay Road - MSA Project 152-101-07 152-102-08. Ayes `, Nays _ Mayor and City Council FROM: Mark Bernhardson, City Administrato of13 Forwarded recommending approval Bonestroo, Rosene, Anderlik & Associates, Inc. a 2335 W. Trunk Highway 36 Engineers & Architects St. Paul, MN 55113 612.636.4600 November 3, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Willow Drive and Old Crystal Bay Road Overlay Our File No. 13922 Dear John, G l:a G Hun.e,.uo. PE. Rupert W. Rnwee, P.E' Juuph C. AndrtbM, M.E. HradJurd A I embrr,,, P.E. k hard E Turner. P.E. Janira C Ohun. P E. Glenn R rwk. P E Amh A Gwdun. P L. 1humar L. IVuyr.. PL. R,dwd N'. Fovrr. P.E. RubettG Sthannht. P.E. Af.— 1. Sunala. P.E. Mnald C. Brgardt. P.E. Jetty A Huurdun. P.E. Alar4 A. Hannan, P.E. led A' Aeld, P. F Ah, hoe! T. Raaunann, P L Rubrtt R PJrJJrrlr. 1, L. 1l "d O Lulk.la. P.E. 7humai 11Pewwn, P.E. Ahah W/C Lyn. h, P. E. Karen L. N'dlu, P E. Jamet R Alaland. P. E. Kenneth P Andinun, P.L. Amh A. Hmhawnn. P.L. AN,* R Rul/j, P L Ruben C. R"eA, A I.A. Th—os L. An,.,. P L. Stwt L. Y'uanr, 1. 1. Chattel A. Lrni wn Lt. M. Pa—W y llurlan A1. Ohun Swon M. Ebetbn Please find enclosed Change Order No. 3 for the project not_A above. The east ditch oL Old Crystal Bay Road south of Watertown Road presents hazard for vehicles leaving the coad due to the depth of the ditch and the steepness of its banks. To rectify the situation, we recocw-e:.i .,A<zt an 18" corrugated metal storm sewer pipe be placed and that fill b' placed to lessen the depth of the ditch. This can be accomplished at a cost of $8,800.00 as presented in Change Order No. 3. This change order has received preliminary MSA approval and funds are available. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIAT" _NC. //Gcia�.l �o�yv►u�i Michael C. Lynch MCL:li Encl. 0343e 30 Year Anniversary CHANGE ORDER DATE: November 3, 1986 PLACE: Orono, Minnesota PROJECT: Willow Drive Overlay - Old Crystal Bay Overlay FILE NO.: 13922 PROJECT NO: MSAP 132-101-07, 152-102-08 CONTRACTOR: Wm. Mueller S Sons, Inc., 831 Park Ave., Hamburg, Mn. 55339 CHANGE ORDER NO: 3 DESCRIPTION OF WORK: Contractor shall place 500 feet of 18" CMP (16 gauge) within the east ditch of Old Crystal Bay Road south of Watertown Road. A flared end section with a trash guard and six cubic yards of random rip rap Cl. 2, is to be placed at the entrance and exit of the pipe. The pipe shall be covered by a minimum of 6" of material provided by the City but graded by the contractor. A -MP access manhole with casting shall be placed along the storm sewer route as staked he engineer. Traffic control is the responsibility of the contractor. Est'd TocaI Change Order Item Unit PriceQuantity Amount Storm Sewer L.S. $8,800.00 L.S. $8,800.00 Total age Order No. 3 - ADD..... $8,800.00 Original Contract Amount $232,826.74 Previous Change Orders 4,900.00 THIS CHANGE ORDER NO. 3 - ADD 8,800.00 REVISED CONTRACT AMOUNT........ $246,526.74 Approved by: Wm. Mueller 6 Sons, Inc. By Approved By: BONESTR00, ROSENE, ANCERLIK S ASSOCIA'rES, INC. by A acX C. Approved by: City ut Orono, Minnesota By , Mayor By . Clerk Date: -- Distribution 1 - City 2 - Contractor 1 - Engineer 0352e 103186.6 /7 TO: Mayor and City Council ��11 FROM: Mark Bernhardson, City Administ::atorlo DATE: October 31, 1986 SUBJEC": Orono Lane - County 15 Access attachments: A. Resident request,'r)rono Lane access received 10/27/86 B. City Engineer/Glenn Cook letter dated 11/3/86 C. Staff Letter Dated 5/29/86 to Mr. Hertogs/Info Onl,y - ISSUE - Based on the review by the City staff and the City Eng ni eer does the Council desire to further pursue relocation of the access of Orono Lane onto County 15. DISCUSSION - At the October 27, 1986 meeting Mr. Newell Weed, un behalf of the residents on Orono Lane, presented to the Council a request for relocation of the connection from Orono Lane to County 15. Cited among tue reasons was the large concern for safety as it relates to the preser location. Issues that the staff has raised related to this relocation are as follows: - Safety - Cost - Financing - Impact on property - Public sa _ty access - Access to Hamm property Public Works Coordinator Gerhardson and City L, neer Glenn Cook reviewed the site on Octoher 31, 1. 86 and base an that drew up a preliminary design on which costs are based. The concern regarding this are the soils that exist on the site. Based on soil conditions at the feasibility study stage may dictate relocation -.t a less costly cohfiguration than presently proposed. Should Council deem this a prudent item to undertake and should the property owners agree to finance the project the following are recommended as a course of events to alter the access. ...,40 1 ,,. ;ngineering feasibility study to determine exact location and a more accurate estimate of costs ($1,000) B. Determination of costs in t.nancing for an assessment C. A 100% petition request from the property owners effected Ncyatiation and receipt of land for construction of alternate access E. Project assessment hearing F. Award of bid - G. Co )str uct ion H. Completion of project 1. Assessment RECOMMENDATION - Based on the preliminary review a..J if the owners' interest is such that they are willing to pay for the entire project, it is staffs recommendation that fear bility study be undertaken to more accurately determine location and costs. PROPOSED MOTION - Moved by _, s-conde_. by _, to direct City Engineer to undertake feasibility st.ly on the project once staf&Z is in rec pt of a preliminary 100% petition from the neignhor-e oi. Oroi..; Lane regarding undertaking of the project indicating thei- wil.lingress to bear the project costs at the present estimated leve'. Ayes _, Nays cc: Newell weed Glenn Cook, City Engineer 2 NF.wI.I.L P.WEED, JIR. Turrmv i OAHS GENTKf7 SUITH 1000 1-1. O. Box 120 WAY7.ATA.,%11NNI's80TA 05301 October 27, 1986 Mayor c and Membe•-s y Council 1335 Sout -)%tin Road Wayzata, Mi: ;nsota 55: ' 1 Gentlemen and Ladies: I bring to your attention for immediate consideration the approval and construction of a new entrance road to Orono Lane from Highway 15. -he proposed new entrance would commence approxi -ily 200 feet East of the present entry point and connect _h the cu_rent Orono Lane approximately at niLd-point or on the line between the See and Thoma properties. A plat is attached with suggested : -,d entry drawn in but the exact location should, of cours be subje--c. to final. approval by the residents on the ;.ane and City engineers. The proposed entry arm of the -oad would cross F ;perty presently ownr' by Mr. and Mrs. Douglas Johnson of 1355 Orono Lane. Iaderstand that the Jchnsons would make the lard avail.....'-.e -,,r '.his road if appro% _d by the City. - The eed for a new entry road is, I believe, unaniinous.Ly agreed upon )y 7,11 parties, residents, City and County engineers, puuli< -•ice vehicle .drivers -,ne, indeed every- one who ha:� ev( - the lane. Because of the :eavy and increasing traffic on Highway 15 and because if the tot ' ' y bl ::d corn-r immediately to the West, this is probably _ mo;t dangerous cor„sr to ex. or enter in all of Ororo if not in Hennepin, nty. F sa£aay of the res dents and their friends, F _... _ic servic-_ vehicles ar i traCusmen who .eive the lane and all who corc_,.ute on or use Highway 15 n th's area we ask that the C't,. Council gi lir_ir' approval in principle' to this antry road at to,. S meeting or -_he :: rrliest possible ..ate et design dra%,ings and cost estimates mi ,t be made fc the resident's and City engineer's review and final appro a�. Many of our neighbors have discussed this matter many times but recently they felt that a proposal should be submitted to the City to initiate action to determine if this is a practical solution to a very dangerous exit/entry inter- s::ction. There are many questions that would need to be answered before formal approval could be given but with your preliminary 'approval in principle' this process could proceed immediately. Mrs. Weed and I have lived at 1395 Orono Lane (East end) for 27 years and have been asked informally by our neighbors to submit this proposal to the Orono Council on behalf of the residents. Thank you for your early consideration of this matter. Sincerely, Newell P. Weed, Jr. � (�jM 1 N � 11 �y�lpr'• �_ � �F, ') - 9 . • It It .�a t FOX 1 3 ►s� 4,. to MW4 p � � P oelf fQ ` \` a 1. om S O 1 0) Q fen ay 4 A006- :� i•_� 17 1 t� C, (L p v\6 I --A- ✓C VIC leM1�ZQS�deN�S f f / 'X /1 1 Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55713 612-636.4600 November 3, 1986 City of Orono V Box 66 Crystal Bay, M11 55323 Attn: Mr. John Gorhardson Re: File No. 139 Orono Lane O Engineers & Architects Ir' l l(1`, II l� ! unu G Nnnrsnrw, P f Xuhrrl W. Nwrnq /• l Jrnr/'A C. nndrdd, Y 6 N•od/wd A. LrnrMrs. !' E. jrd E. Turner. P ! Jump C. Uhun. P E. NOV -4ft (.Iron N CrwA, /' f Arah A Gunlun. I• / l _'a ! Xn Aard N'. NOMrf G. &hum. h(, P L Alamo L. Smwla. P L Uonard C Bar#urd(, P E Jrrry A Buardun, P.. Mar* A Hanson. P.L Ted A'. bold. P.E.. MuhaW T. Newmann. Y !' Ru(w/ R. Y/y/nb. I• L Uorrd U. LwAum, Y L Thomas N'. Z'son. Y.E. ' Mrrhoe/ C. Lyns A. P L. Aaren L. Wdlu. P.E. James R. Ma/end, P.E. I Kenneth P. Aadrnun, P.E. Arah A. Vmhn+ann, P.E. I AfwA R. NW/S. P.E. Rubrrl C. RUWA, A.I.A. Thomas E. An#us, P.L. Ssoll L. Yuan#. PJI.. Charles A. Lra'Ason Leo M. Po.rbAy Hark" M. ORO Sawn M. Ebrrhn Dear John, We have reviewed releeating,the intersection of Orono Lane and County Road 15 as requested by the property owners. The intersection should be moved approx- imately 325 feet east of the existing intersection. We would recommend that the intersection be moved far enough to provide a 350 foot sight distance for traffic coming from the west. This would be the mini- mum sight distance for a 50 MPH design speed. The estimated cost to reconstruct the roadway would be $35,000. This is based on a 24 foot wide street with a bituminous berm curb. The section would con- sist of stabilization fabric, 2 feet of granular borrow, 8 inches of Class 5 and 3 inches of bituminous surfacing. Soil borings taken previously as a part of the sanitary sewer project in the area indicates organic material to 10 feet deep. The preliminary estimate is based on the underlying material being stable enough to support the proposed section. Soil borings will be necessary if the project is to proceed. The project cost would be shared by eight property owners which would result in an assessment of $4,375.00. This preliminary estimate does not anticipate any land costs fir the project. We would be pleased to meet with you and the property owners to review the new access location. Yours very truly, BONESTR00, ROSENE, ANDERLIK S ASSOCIATES, INC. Glenn R. Cook GRC:li Enc1. 0345e 30 Year Anniversary t.x uii bt'kF Ems_ 1 iq 5.7 t . ! r �v .o _ . MM-426 Ex 20" M. _ MwCC INTE C P R SOUTH 427 5 3 - VAC4NTj BENCH MARK l i `,PIKE PP NW COR CO. RD 15 ! 9 ORONO ORCHARD RD. v 7 I \ BORING NO } B-2 —���,=' PROJECT II— \ i IDS WYE WYE � . O'Nom ), Yem a 9 47 i \ 'M 430 WYE \ �— •�i 9 L i 8482 III p� \ 3e WY �Jip �1 `h zz. ! �'� ' .1 \l a 8 e.00 I •q YE / F DONS?RUCTION EASEMENT-7 i BORING NO. 1 2 /—i 6+45 !V/ � _ _4x� Z y j wY it WYE 2ts b<` iz j 11.. WYr 1 , 5480 r� � 4 �E''e — — 3 "��' •7!.'p ::,I i• Poet Office Box 66•Cryetal Bay, Minnesota 5M23•Municipal Offices On the North Shore of Lake Minnetonka May 29, 1986 Mr. Samuel H. Hertogs 999 Westview Drive Hastings, MN 55033 Dear Mr. Hertogs, In response to your letter dated April 25, 1986 the City of Orono is aware of some of the problems that are associated with the public access use in the vicinity of Shoreline Drive and Orono Lane. It should first of all be brought to your attention that Shoreline Drive is County Road 15 and therefore is under the jurisdiction and maintenance of Hennepin County, so appropriately some of these issues such as extent of parking are ultimately their decision. It should also be noted that recently the County did seek approval for variances for the curves along Shoreline at this location and two others which were granted by the Municipal State Aid Variance Board of the Minnesota Department of Transportation. These variances were granted in advance of the County being able to spend capital money to maintain the road. While the area does appear to be problematic, research of 1985 accident records indicates that accidents at the intersection of County Road 15 and Orono Lane location were not related to traffic from Orono Lane but were on County Road 15 involving east and west bound traffic on the curve, principally because of high speed and not related to traffic on Orono Lane or "Molly's Corner" parking. As you may be aware the area is posted "No Parking" on the north side of Shoreline Drive and it is also posted "No Parking" for a distance of approximately 100 feet on the east side entrance of Orono Lane onto Shoreline Drive. Parking however is permitted beyond the "No Parking" zone past Orono Lane in the County right-of-way for a space of about 5-600 feet. Additionally parking is allowed or. City owned property just to the south of the curve, which people often use for fishing purposes. As you may also be aware Molly's Corner is one of the few places that provides public access to the lake for those who do not own boats or for those who prefer to engage in recreational 'fishing from the shore. One of the Task Force recommendations from the 1983 Lake Minnetonka Task Force Report was that a fishing pier be constructed out from City property at the Molly's BUILDING A ZONING - 47 3-7 357 • ADMINISTRA71ON A FINANCE - 473.7358 • PUBLIC WORKS - 473-7359 ASSI- SSING Mr. Samuel H. Hertogs Page 2 May 29, 1986 Corner location. Implementation of such a recommendation may be of benefit to those who desire to fish together with a possible clean up of the area and reduction of the fishing from the shore, which may be of benefit to the residents. It would however be prudent that appropriate parking be provided for this activity and such a lot could jointly provide parking for an MTC "Park and Ride" lot. A possible site for such a lot would be procurement of a portion of properties along County Road 15 from the property owners at 1925 and 1955 Shoreline, perhaps 50-100 feet on the back portion of those lots. If appropriately developed, screened and maintained this solution may be of benefit to all parties concerned, including issues related to turn arounds. This however is only in the exploratory stages and would require funding from outside sources plus considerable discussion on the part of the agencies and residents involved. As for your particular concern the City is forwarding this letter with a copy of your letter to Hennepin County so that they may be apprised of your concerns. The City would be happy to sit and further discuss these issues at your convenience and should you have any further questions or comments, please feel free to contact me. Sincerel Opt " Be Jado son City Administrator MB /d h cc: Herb Klossner, Director Hennepin County Department of Transportation 'Mayor and City Council Kathleen Blatz, City Attorney Tom Radio, City Attorney )p 4 099 Wostvlowr Drive Hastings, MN 55033 (612) 437.3140 Samuel H. Hertogs Dona!d J. Fluegel Michael R. Sieben Michael S Polk 'Harvey N..1^yes 'Richard A. LaVen,.ere Sloven D. Hawn George L. May Kenneth A Skeen Leo F. Schumacher Shawn M. Moynihan Carol A. Eckersen Kathy A Endres John O. Sonsteng Also &J-110O In W S-C'.S.: OFFICES ALSO AT Red Wing. MN (612) 388-1581 Cottage Greve. MN (612) 459.101S Hertags Fluegel Sieben Polk Jones & LeVerdlere April 25, 1986 City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 To Whom It May Concern: It has come to our attention through our client, Thomas Rudd, that a serious situation exists on Shoreline Drive in the Cite of Orono. The City of Orono apparently has no parking restrictions from Orcio Lane to Ferndale Road even though this stretch of road has a speed limit of 50 miles per hour. During the spring and surrrner months in particular, f-* hermen and tourists park right up to the residents driveways. ,l of these parked vehicles severely obstruct vision so that it is impossible for residents leaving their driveways to safely enter onto Shoreline Drive. Coupled with the 50 miles per hour speed limit this creates a very hazardous situation as residents cannot see on -coming traffic. Not only do the residents along Shoreline Drive have to contend with this dangerous condition, but the fishermen and tourists who use the residents driveways to turn around in, must try to back out into 50 miles per hour traffic with no clear view of on -coming traffic. Those people parking and emerging from their vehicles are forced to walk along the roadway because no safe path is available. At Mr. Rudd's request, an Orono police officer came to Mr. Rudd's driveway to observe this hazardous situation first-hand. The officer concurred with Mr. Rudd that the existing conditions are extremely dangerous, but he could do nothing about it. The officer also noticed the tremendous amount of refuse thrown along the roadway by those park- ing, which creates a very unsightly appearance and gives a poor impres- sion o.- the City of Orono. In addition to the above hardships the residents must put up with, they must also contend with having their mail service interrupted as some days the mail carrier cannot deliver the residents mail because of vehicles parked directly in front of their mail boxes. If this situation is not remedied pror:ptly 3s to the roadway between Orono Lane and West Ferndale Road, your insurance carrier should be alerted that this hazardous and needless situation exists. We would appreciate your prompt attentio, to this matter. page 2 Of 2 Thank you in advance for your anticipated cooperation in resolving this natter. Yours very truly, FOR sF1 • r uel H. .. mr cc: Popham & Associates Thomas.Radio 4344 IDS Building Minneapolis, M 55402 Thomas Rudd 103186.1 TO: Mayor and City Council il ,r FROM: ;lark Bernhardson, City Administratorl� DATE: October 31, 1986 SUBJECT: County Road 15 Upgrade/Approval of. Changes Attachments: A. County 15 Diagram Layout B. County 15 Approval Resolution ISSUE - Does Council concur in the two changes proposed to the County 15 plan that Council has approved back in October 1984 prior to final plans for construction being drawn? DISCUSSION - As previously indicated the County is currently developing final design for the County 15 upgrade. It is their expectation that final plans will the ready in late summer of 1987 with bid award in the fall of 1y87. It is expected that this would mean construction would start very early in 1983. Prior to final designs being develope(_. there are two changes the County would like to have considered and approved by the four communities. A. Count 15 _ Wilshire Boulevard - Commerce Boulevard - The project as proposed required a variance from the Municipal State Aid Review Board. The Review Board after a hearing and an onsite review of the property agreed to approve all the changes except they required a wider section be put on County 15 between Wilshire and Commerce Boulevard in order to make what they felt would be a safer highway. B. County. 15 Lafayette _ Inter locken - The County is proposing at the request of Spring Park and the developer of Twin Birch complex that due to the traffic that a wider section (increased from 24 to26 ) be placed through this area in order to handle turn movements for the traffic. This change remains west of the County 51- County 15 junction. Staff does not see this as a significant issue of traffic concern as it relates to volume for the Orono portion. fir. Bruce Pa laczyk and Ted Hof fman wi i 1 be present fc r the meeting, November 10, to further explain requesteu changes plus be ready to respond to any questions. R_E_C_O_MME_NDATION_ - Based on the plans presented to staff regarding the two changes, it is stafti's recommendation that these changes be approved as they do not speci f ical ly impact the traf f ir: in Orono either coming on County 15 or County 51 subject to fl concurrance of Aound, and Spriny Park on their respective portions. PROPOSED MOTION - Moved by _ , seconded by __, to adopt resolution no. _ approving the County 15 changes as outlined by Hennepin County Department of Transportation. Ayes _, Nays `. cc: John .-,erhardson, Public Works Coordinator Glenn Cook, City Engineer Ted Hoffman Bruce Palaczyk M p (4 1J ID ,— --------------- O O y - kx'�. ' O� C, LGD C T > --- / a { 1 ad.r . . . . . . ... . .. .. . ... ------------ arlIq -CC) 3- M-a rr 1!*Zt* Wk r Ry. oL V-L Wa *I 0 V�w WW' St P Ll. I M rrl 7 ........... 0 oo, 0 oo Co. HO q fee 40 o • Or. v 103186.2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING PROPOSED DESIGN CHANGES FOR COUNTY ROAD 15 WHEREAS, the City of Orono approved the design plans for County Road 15 in its Resolution #1694 dated October 29, 1984, and WHEREAS, the plans in order t:, receive appropria*- State funding required a variance which with one exception was : anted by the Municipal State Aid Review Board, and WHEREAS, the exception required by them was alteration in the portion of County 15 between Wilshire Boulevard and Commerce Boulevard, and WHEREAS, the volume of traffic in the corridor on County 15 between Lafayette and Interlocken/County 125 is quite heavy due to the commercial and multiple residential development there, and WHEREAS, a widening of the highway would facilitate the safety of that portion of the road without adversely affecting the volume of traffic coming into Orono, and WHEREAS, the County is requesting these approvals prior to final design plans. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono does approve the proposed changes as outlined subject to the concurrence of the municipalities directly involved in these alterations to the County 15 development. Adopted by the Orono City Council on this loth day of November, 1986. Mary C. Butler, Mayor ATTEST: Dorothy M. Hallin, City Clerk 101786.10 TO: Mayor and City Council ' FROM: Mark Bernhardson, City Administrator�\'�"" DATE: October 31, 1986 SUBJECT: 1987 Strategic Plan Attachment A. 1987 Strategic Plan Draft - Dated 10/20/86 ISSUE - Review for amendment and adoption by the Council of its 1987 strategic planning document based on the October 6, 1986 strategic planning meet�ng. DISCUSSION - Council review and discuss the draft information from the October 6th meeting to see if: A. It acCLirately reflects the discussion and intent of the Council at that meeting. B. Following that meeting if Council members have any further thoughts for inclusion, amendment or deletion as this would be the appropriate time to address those changes. RECOMMENDATION - That the Council after review and any amendments adopt the attached strategic planning materials as directions for 1987. PROPOSED MOTION - Moved by , seconded by _, that the Orono City Council adopt its 1987 strategic planning package resulting from its October 6, 1986 strategic planning meeting for incorporation in the Council/City Administrator's Goal Setting. Ayes Nays 101786.10 TO: Mayor and City Council 1 L FROM: Mark Bernhardson, City Administrato 4L. DATE: October 17, 1986 SUBJECT: 1987 Strategic Planning Process ISSUE - Acceptance of staff's drafts regarding 1987 strategic plan based on October 6, 1986 strategic planning process. DISCUSSION - Attached please find the drafts of tt.,: following: Mission Statement External Analysis Internal Analysis Strategic Issues Strategic Objectives Short Term Objectives RECOMMENDATION - It is staff's recommendation that Council review this over the next two weeks and that Council discuss it at the November 10, 1.986 meeting when .1.1 Councilmembers are present. PROPOSED MOTION - Moved by _, seconded by _, that Council accept the draft information on the Strategic Planning Process and table discussion of the item until November 10, 1986. Ayes __, Nays __. Draft 10/20/86 MISSION STATEMENT - CITY OF ORONO Through the means available to the City quide the growth and ensure appropriate upkeep of existing development to * Protect the environment as the community's primary resource * Achieve the appropriate Urban/Rural mixture * Shape service provision demands through * Land Use Design * Appropriate public/private service mix * Maximum utilization of the "user pays" philosophy Draft 10/20/86 EXTERNAL ANALYSIS * Increase in private Businesses Engaging in "Public Service" Provision * Demand for Increase in Services Due to * Numbers of People * Level of Expectation, * General Population * Residents from "Higher Service Level" Communities * Change im Demographics (Older Population) * Increasing Communication/Information Link To * Inside Organization * Community * Other Organizations * Duplication of Authority * Increased Development Pressure * Economics * State * Metro * Jurisdictions Push to Increase Authority in Overlapping Areas * Reduced External Finances to do Services * State Legislative Mandates (without funding) Draft 10/20/86 INTERNAL ANALYSIS * Desire to Increase Organizational Responsiveness * Strong Environmental Commitment * Council - Part Time Status * Filtering * Problem of Identification * Staff Reflects Council Personality * Continuity * Lack of Positive Organizational Image * Community * Within Organization * With Other Organizations Draft 10/20/86 STRATEGIC ISSUES * Community Development Direction * Service Provision * Financing * Increased Jurisdictional Overlap * Effective Use of Advisory Bodies Draft 10/20/86 KEY STRATEGIC OBJECTIVES 1. Community Development Direction * Maintain Environmental Commitment * Maintain Ecological Balance * Achieve Desired Rural/Limited Development Mix * Limit.Service Expansion Caused by Development to Available Resources * Reaffirm Goals and Objectives in Comprehensive Management Plan 2. Services (Types/Levels/How Provided) * Achieve Appropriate Public Private Mix * City Provided when most Efficient or Sole Provider * Contract (In/Out) for More Effective Services * Strive to Have User Pay to the Greatest Extent Possible * Review Appropriateness/Service Delivery * Liquor * Golf * Solid Waste Management * Streets (City/County/Private) Draft 10/20/86 KEY OBJECTIVES (Cont) 2. Financing * User Pay to Greatest Extent Possible * MeetingState Mandates with Deminishing External Resources * Development of Long Term Financing Plan and Policy * Maintain Balanced Budget * Maintain Appropriate Reserves * Capital Finances * City Facility * Sewer 3. Increased Jurisdiction * Conflict/Cooperation * Cooperation with Selected Organizations for More Clou'- * Protect the Environment from Ir reased Encroachment of Multiple Jurisdictions 4. Advisory Boards * Make More Effective Use Through * Streamlining Current Policies/Ordinances and Procedures * Clarify Council Policies (i.e. Hardcover) * Add Responsibilities 19 Draft 10/20/86 SHORT TERM OBJECTIVES 1. Conclude Highway 12 Study 2. Commence County 15/Navarre Rehabilitation 3. Continue Facilities Study 4. Complete Stubb's Bay Sewer Evaluation 5. Resolve Liquor Store Continuation or Sale 6. Commence Storm Water Management to Comply with Mandate 7. Develop Long Range Financial Policies and Plan 8. Define the Whom and on Which Issues Orono should Cooperate To Increase Clout 9. Develop a Revised Use of Planning Commission 10. Continue Development of Community Transpotcation Plan 91 103186.8 TO: Mayor and City Council V' FROM: Mark Lernhardson, City Administrator DATE: October 31, 1986u SUBJECT: City of Orono Liquor Store Operation ATTACH14ENTS: A. McGowan Memo on Liquor Store Dated 11/5/86 B. 1986 Third Quarter Liquor Store Results Dated 10/27/86 C. Liquor Store Operations/Strategic Business Plan 1986 Dated 12/5/85 D. Liquor Operations Report - January -March '86 Dated 4/21/86 E. Liquor Store Performance Dated 8/20/86 ISSUE - Does the Council desire to continue in the liquor business or choose to sell it to a private concern. DISCUSSION - Presented to you at the October 27, 1986 Council meeting were the results of the third quarter as noted in Attachment B. Given the late delivery of the results to the Council together with the fact that one of the Councilmembers was not present, Council chose to table this until the November 10, 1986 meeting upon staff recommendation. As noted in the (Attachment C) results discussion of previous quarter results together with the business strategy plan, the following are the primary considerations for determining whether you stay in the business or not; A. EMPLOYEES - Primary reason given to the Council for recommending that we continue in the business for 1986 was the opportunity to see if it remained a viable option in order to preserve the current employee's positions. This was done at a cost of having to cut two of the fL time people back to half time basis. It is doubtful t the operation could afford to bring these two back i full time basis. Given the tenuous natyre of the o, :ation salary incre: s could only come if tied to store performance, alt._.gh as noted they all would desire to continue with the operation. B. CITY REVENUE - Municipal liquor store revenues up to 198T—were very respectable and exceeded the revenue generation ability for the return on investment based on the City's sale of the property. (Inventory and store fixtures are the only assets as the space is leased from Mr. Keaveny.) Due to the change in the liquor business however, this rev^nue picture has changes] with Orono realizing a loss slur � ng 1985. Expectations fog the end of the year show .)L City making approximately $14- I 15,000 which would be letter than the City could probably achive on return of investment this year, but maybe on par over the long term. C. APP"(OPRIAT_E TIME TO EXIT BUSINESS - The City could continue with its operation until it again loses money at which time it could make the decision to sell. This strategy has three problems with it: - Sale of a business at loss - To the extent that the City would e able to achieve any goodwill etc. for its business apart from the inventory, it would be better when the City is in a upswing rather than in a year that has experienced a loss together with losing a years return on investment. - Impact on employees - While this would probably be an excellent incentive for the operation and not dissimilar to others found in private business, it may not be equivalent given the fact that the employees do not fully receive the benefit of the profits and therefore they should not need to sustain the stress and uncertainty involved in this strategy, particularly the Manager. D. TIMING OF DISPOSITION - As outlined in Attachment A it is felt that the appropriate time given the nature of the business the City look to culminate a sale by September 30th of the year it chose to get out. This is felt to be of benefit both to the City and a new liquor owner who would be coming into some of the most profitable months of the business. E. APPROPRIATENESS OF MUNICIPAL L,i1JOR - Liquor is one of the businesses that while there has been d long tradition of pubic ownership for control of revenue in the state of Mi,inesota is traditionally a private business. In the metropolitan area there is a significant issue of public business competing with private business and the appropriatness of the City being in this business particularly when they are competing with privates who do pay income tax etc. within only a few miles of our store. While the City i..self would realize little from income tax and potentially other taxes such as increase in property tax or from off sale liquor license fees ($150.00 maximum per store) the argument goes beyond just a revenue issue. F. BUSINESS OPERATION TRENDS - In addition to the positive turnaround in operational prof -'`s, it should be noted that the customer count through �-.,:tober has noted an upswing: 1983 44,801 1984 1985 1986 42,016 ALTERNATIVE' - The options for the Counc 40,637 42,006 ..e az follows: A. Delay a decision pending the fourth quarter results. B. Continue the operation until the fiscal year that it realizes an operation profit (loss) below a specific bench mark, such as a minim-1 return on invEstment. (5- 6% of assets) C. Cease operation within the next 12 months by sale to a private concern. D. Continue the operation indefinitely. RECOMMENDATION - Based on the above discussion together with anticipated inpact of County Road 15 on the business the fact that store employees may have the opportunity to loop for jobs elsewhere or possibly with the new owner. Staff feels the City's continued operation is neither in the best interest of its long term financial stability and therefore I recommend disposition in 1987. This recommendation is given with the understanding that it will cost the City approximately $10,000 in severance benefits and a maximum unemployment compensation expense of $22,000 together with the fact that it may .ealize little in the sale of the business apart from the cost value of its inventory. ($80-90,000) It is further recommended that a public hearing be held prior to final Council action directing disposition. In addition staff will research the means to tie any additional compensation for the rlanager and employees to overall store performance. PROPOSED MOTION - Moved by , seconded by that Council based on this recommendation hold_a public hearing on the matter for the first meeting in December to determine community reaction to the possible sale of this facility to a private vendor. Ayes '.lays cc: Lorraine WcGowan, Liquor Store Manager Tom Kuehn, Finance Director 103186.8A TO: Mayor and City Council Mark Bernhardson, City Administrator FROM: Lorraine McGowan, Liquor Store Manager DATE: November 5, 1986 SUBJECT: Orono Liquor Store After the 1.985 loss (the first in 20 years) I understood we had a year to turn things around before a final decision would be made as to the sale of the store. Our emp luyees and myse � f received no pay increases, the two full time personnel hours were cut plus the odd hours worked were at the store's needs, my hours were long but we were willing to work hard at it to get the store going again and make a profit. I can not say enough about my staff because with all our efforts things have turned around and we are looking towards a $20,000 profit for 1986. ('Which is an increase of close to $28,000 over last yea- - a loss of $8,000.) Our sales by the end of '86 will be increased close to $50,000. This could not have been done without devoted hard working employees. The liquor business is unlike other businesses as so many things effect it. New laws, taxes (state and federal) the economy and the new trends in the industry. vie have had to change with the times - for example 20 years ago wine was not even 1% of our bisiness, now it is 30.38%. Our wine department is noted to be one of the best in the area. Our store is unique, as we serve a vast variety of people, so our wide selection, service and quality of help has given the store a reputation of being one of the best in the area. All of us had one goal - to make Orono Liquor a store the City and the people could be proud of and to make a profit for the City. I feel we have done that over the past 20 years. Listed below are the years and their net income: 1965 $ 8,469 1976 $38,124 66 22,995 77 30,623 67 21,974 78 41,777 68 18,354 79 35,710 69 37,467 80 44,262 70 24,420 81 57,168 71 27,117 82 32,961 72 29,174 83 21,203 3 31,353 84 9,128 '4 39,296 85 - 8,594 75 37,077 Total Income 1965-85 = $600,054 An average of $28,574 per year Average income past 5 years = $22,373 1 Considering the only investment is inventory and old fixtures approximately $100,000 - the return on investment is running 20%. During this time the profits have provided the City with a Golf Course ($150,000) plus cash for investments and the general fund. The proposed work on County Road 15 of course is a concern for the business. I'm sure it will have some effect, however our location close to County Roar] 19 and Kelly Avenue is a piu3, also with the Drug Store and Post Office next door, good parking and accessability to Kelly Avenue the impact should not be too bad. The other liquor stores on County Road 15 might be affected more. As plans are being made to improve the Navarre area shopping, I would think the City of Orono would like to take the lead in being part of the business area showing the other businesses it is a good location for growth. I understand the decision on selling the Liquor Store has probably already been made - if the reason is simply to get out of the retail business I think the public should know this and a good reason for giving up the income that has helped the taxpayers. All the profits should be noted and all the employees that have made it possible, including the profits and sales increase for 1986. The Orono Liquor Store has been a credit to the City, its residents and the Lake Minnetonka area. We are all very proud to have been part of making it the store it is today. If you have any comments I would appreciate hearing from you. 102786.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator�,`� DATE: October 27, 1986 SUBJECT: Third Liquor Store Report ISSUE - Information for the Coucil to commence deliberations regarding the future of the liquor store. DISCUSSION - While the results from the second quarter were less than targeted figures the results from the third quarter have shown a substantial turnaround. These include in comparison to the first 9 months of 1985 - Sales up 14% - Cost of sales up 7.8% - Gross profit up 15.2% - Expenses down .6% - Income up $15-16,000 - Inventory 39.2% RESULTS THRU SEPTEMBER 1986 1986 83 84 85 Target Actual Net Sales 327,858 314,879 319,237 350,000 364,189 Cost of Sales 233,293 224,964 z37,322 253,840 256,011 Gross Profit 94,565 89,915 84,694 95,880 97,629 Expenses 83,660 86,728 93,098 92,250 90,522 Operating Income 10,905 3,187 (8,404) 3,630 7,107 Non Op Revenue 2,776 2,814 1,691 1,550 2,130 Net Income 13,681 6,002 (6,713) 5,180 9,237 Inventory 106,909 133,609 100,000 81,300 The three quarters represent the concerted effort by Lorraine McGowan in her store setup and marketing together with the excellent efforts of both the full and part time help. The fourth quarter should realize a $3-4,000 total net income for an 186 total of $12,-13,000 income for the two year period 185 and 186 place the operation at $2-3,000 for the two years but will fall short of the needed return on investment of $5-6,000 per year. As Councilmembers have not had a chance to digest the third quarter report coupled with the fact that not all Councilmembers will be present at the October 27, 1986 meeting, it is appropriate that discussion be deferred until the November 10, 1986 meeting. At that meeting issues to be considered in addition to performance of t:ie store for 1986 year to date would be issues related to disposal, which include: - The sale/bid dates - Income from investments - Termination expenses Unemployment insurance Severance - Bidding dates - Close out date In relationship to that the following would represent iggested timetable for sale of the store by September, 1987 in anticipating a positive position for the operation for '87. - Preparation of specificati,-as April 1987 - Publication for bid May of 1987 - Close of bids - June/July of 1987 - Close sale - terminate business - September 30, 1987 RECOMMENDATION - It is staff's recommendation that the Council receive the information and that it be placed as an agenda item for the November 10, 1986 meeting. PROPOSED MOTION - Moved by , seconded by , that t'o Orono City Council accepts the information staff regarding the third quarter liquor reports and that it be placed on the agenda for discussion on the November 10, 1986 Council meeting. Ayes Nays ASSETS Current Assets: Cash and investments Returned checks 6 credit card charges Accounts receivable Accrued interest receivable Prepaid expenses Inventory for resale Total Current Assets Property and Equipment: Leasehold Improvements Equipment Less accumulated depreciation Net Property and Equipment Total Assets LIABILITIES AND FUND EQUITY Liabilities: Accrued wages payable Accrued retirement payable Accrued credit card expense Accounts payable nue to State (Sales Tax) Total Liabilities Fund Equity: Retained earnings January 1 Net income Jan. 1 to Sept. 30 Transfers to General Fund Total Fund Equity Total Liabilities i Fund Equity CI`1'Y OF ORONO MUNICIPAL LIQUOR STORE: BALANCE SHEET SEPTEMBER 30, 1986 ------------------ SEPTEMBER 30, 1985 ------------------ $52,519 $2,823 782 527 - 486 831 1,500 3,985 2,664 81,300 ------------------ 133,609 ------------------ $139,417 $141,609 725 725 25,763 25,763 ------------------ ------------------ $26,488 $26,488 (24,210) (22,506) ------------------ ------------------ 2,278 3,982 -------------------- $141,695 $145,591 scccWWaccc ccccca==c $2,333 $2,742 332 542 224 186 10,620 16157: 3,131 2,851 ------------------ ------------------ $16,640 $22,892 $115,818 $129,412 9,237 (6,713) -0- -O- ------------------ ------------------ .L,5,055 122,699 ---------- ---------- $141,695 c casac�cco $145,591 ccccccccsc Sales and Cost of Sales: Sales Sales discounts Net sales Cost of sales Cross Profit After Sales Disc. Operating expenses: Personal services Supplies Insurances Building rent Other services • charges Depreciation Total Operating Expense Operating Income (Loss) Nonoperating Revenues Interest on Investments Other Total Nonoperating Rev. Net Income (Loss) CITY OF ORONO MUNICIPAI. LIQUOR STORE STATEMENT OF REVENUE AND EXPENSES Three Months Ended September 30 Nina Months Ended September 30 1986 1985 1986 ------------------------- 1985 ----------------------------------------- Amount • Sales Amount • Sales ----------------------------------------- Amount 1 Sales Amount 1 Sales $146,748 100.00% $133,872 100.001 $364,189 100.00% $327,237 100.001 - 3,147 -2.141 4,913 3.67• - 10,549 -2.901 9,133 2.79• 143,601 102.140 128,959 96.330 353,640y 97.101 318,104 97.211 102,485 69.840 94,897 70.89% 256,011 - 70.301 233,410 71.33% $41,116 32.301 $34.062 25.44% $97,629 26.80% -------------- $84,694 ---- 25.881 19,ell 13.500 825 0.560 2,527 1.721 3,750 2.561 3,421 2.33% 421 0.29• 30,755 20.961 --------------- 10,361 7.069 920 0.630 54 0.041 974 0.66% $11,335 7.721 23,3E .471 5t 0.42• 1,302 0.97% 3,750 2.8U1 4,451 3.321 427 0.320 33,874 25.301 188 0.14% 400 0.30% 191 0.141 ----------------- 591 0.44% ------------------ $779 0.580 56,627 15.55% 1,661 0.46% 7,635 2.101 11,250 3.09• 12,072 3.311 1,277 0.351 90,522 24.860 ------------- 7,107 .95% 1,998 0.551 132 0.04% 2,130 ---------------- 0.56% $9,237 2.53% 64,502 19.71• 1,523 0.47• 4,228 1.291 11,250 3.440 10,313 3.15% 1,282 0.391 93,098 28.450 (8,404) -2.57% 1,500 0.46% 191 0.060 1,691 1).521 ($6,713) -2.051 CROSS PROFIT ON SALE^. CROSS PROFIT ON SALES TYPE OP SALE ----A ----- « ----------- A»----------- A D A D Liquor - sales 32.000 35.27% 33.28% 34.55% - profit 35.310 33.29% 34.920 28.82% 35.27% 31.49% 33.24• 27.580 Nine - sales 24.440 25.1S1 23.68% 25.91% - profit 29.001 35.78% 30.400 35.191 27.53• 34.53% 30.96• 34.260 Beer - sales 40.200 35.891 40.00% 36.360 - profit 32.161 24.130 30.37% 24.63% 34.09% 25.321 32.321 25.490 Mix 1 misc. - sales 3.361 3.69% 3.041 3.18% - profit 3.53% 31.69% 4.31% 34.101 3.111 30.291 3.481 31.381 Totals - sales 100.000 100.00% 100.001 100.00% - gross profit 100.000 30.160 100.00% 29.111 100.00% 29.700 100.000 28.67% - sales discounts -2.14% -3.671 -2.901 --------- -2.79% --------- ......... 28.02► --------- 25.441 ......... --------- .......a.. 26.900 ......... 25.881 NOTE columns 'A- reflect nalea/gross profit as a percent of the total Bald/gross profit columns 'n' reflect gross profit as a percent of tho type of sale 1'Mark ilc�rnharfh;on, CiLy hrlminiaLral-Ort. DATE: Decei.iber S, 1935 SUBJEXT: Liquor Store OperaLions/Strategic BusinesJ Plan 1986 Attached please find business strategy plan that has been developed by Lorraine McGowan, Tom Kuehn and myself as a means to improve the current liquor store operation. As you may be aware Lorraine engaged the services of Lynn Griffith with Minnesota Municipal Liquor Association to suggest changes last year to improve business. One of the changes suggested was to offer discounts on selected items as a means to attract business and it was indicated to Lorraine at the time that it would take approximately a year for this to actually be reflected in an upturn in sales. This was commenced back in April and it will still be another 3 to 4 months before we expect to see - significant results from this move. The two most significant items that we will be undertaking in this strategy plan is a significant reduction in personal service costs so that over the next. 2 years we will be able to get those costs to an acceptable percentage of sales for our size of operation. The second is that we will be specifically attempting to reduce the inventory size in order to free up money for investment income. Lorraine McGowan is presently working with current employees to arrange these reductions through projection of hours and other means appropriate to reduce overall personnel costs. Yet at the same time work to provide the appropriate customer service that is needed in order for the boutique wines style of operation to be effective. Should we sustain a loss this year and are unable to show a profit next year the City will be required to put the question of whether we should continue in the municipal liquor business off sale -.-) a vote. It would be my recommendation that if we are not able to show a profit in 1986 that Council liquidate the operation and save the cost and expense of a public vote. RECOMMENDATION - It is recommended that the City of Orono continue its liquor operation for the year 1986 taking the appropriate actions in an attempt to turn it around and that should the operation in 1986 show not only increased sales of at least 102 but a net profit with investment income of $10,003 that the City then make a conscious decision to get out of the business and that we look first to see if the current employees are interested in taking over the operation and absent that look to liquidate it in some other manner. Should you have any other questions or comments, please feel free to contact me. PROPOSED MOTION - Moved by , seconded by , that the Council take under advisement the inFo-rmation given by staff and that the item be placed on the agenda for January 13, 1986, discussion. Ayes , Nays ec: Tom Kuehn and Lorraine Mc -Cowan CITY OF ORONO LIQUOR OPLRATIONS BUSINESS STRATEGY PLAN I. OBJECTIVES FOR BUSINESS A. PRODUCTS 1. Major - The retail sales of intoxicating liquor including beer, wine and distilled spirits. Together with low alcohol and no alcohol beverages. 2. Accessory - The retail sales of related products to. the liquor dispensary business, including soft drinks, serving utenE-ils, mixes and other assorted accessories. B. REASONS FOR BEING IN THE BUSINESS 1. More rigid control to insure conformance with the various sales limitations of state law. 2. Promote low alcohol and no alcohol beverages, wines and beer together with limiting the availability of alcoh- lic products distribution points within the City of Orono. 3. That any profits generated from such an enterprise be used "for the general good"/principally used as an offset of the general property tax, particular:. for associated enforcement and related rehibilitation. 4. Receive a reasonable return on the C i t y I s investment. 5. Provide for retail convenience particularly for summer residents and tourists in the area together with providing additional "service" in the Navarre business community to enhance its viability as a shopping area. II. SIGNIFICANT CHANCES IN THE PAST A. BRIEF HISTORY OF THE OPPRATIO" The City of Orono decided to go into the retail off - sale liquor business in 1963. In 1965 the tornado that struck the Navarre area, destroyed the liquor store and the location wa:3 changed to its present location in 1 B. 1965. in 1971) charge account:,; (visit - tiasterCard) was added which presently represents about 6% of ,ales. The largest sales dollar volume for the operation was in 1981 when it reached $473,000 the sales of which also are reached the 'aighest profit of $47,800 or approximately 10t of sales. This was the same year the beer sales arrangement was altered. SIGNIFICANT MARKET CHANGES SINCE INCEPTION Since 1975, the liquor industry has undergone the following changes: 1. A dropping of requirement that distribution be through exclusive wholesalers. This has resulted. in a significant reduction in the number of wholesalers and somewhat of an increase in "price competition." 2. A general economic downtrun in the economy in both the mid -seventies and again in the early 80's (80 and 83). This has been reflected in sales. 3. A change in the consumption habits of the public with many people reducing individual consumption because: a) Increased eduction in prevention and recovery b) Stricter drunk driving laws c) The high consumption age group, 19-25, is becoming considerably smaller (the baby boomers are now entering their early to mid-30's) In additon to the liquor industry cha- es the local market which in 1963 consisted primarily of the following municipal stores. Mound Tonka Bay (maybe out of business within year) Wayzata Excelsior (went private 5 years ago) Long Lake (went private 8-10 years ago) Since 1963 the following have been additions to the competition: Bottle Basket (1967) Green !louse/Spring Park Mzrina Liquor/Spring Country Grocery (1985) (1983) Park (next to Town & 2 Additionally to the extent that the Orono Liquor Store is a convenience store and a number of the -ogle living in the neighborhood are commuters to downtown Minneapolis, th(,.—c is also competition with some of the more regional liquor wholesalers particularly tiaskells and MGM on Highway 12 together with MGM on Highway 7. III. SIGNIFICANT CHANGES/EVENTS/NEXT FIVE YEARS A. CHANGES IN MARKET/PRODUCT 1. External - The following represent the most significant anticipated changes in the next five years. a) Market - A contint.d moderation of per capita consumption - Increase in the legal drinking age from 19 to 21 (although it is n anticipated that this would have a significant impact on the Navarre business a- it represents less than 10% of the store's ,jiness.) b) Competition - Increase. price and marketing competition on the retail level may include: - Sale of wine in grocery stores in the next few years placing 33% of the sales in the Orono store in i, more competitive environment. - Snould wine in grocery stores become a reality it is expected that additionally there will be legisl_,ion for one class of beer resulting in grocery stores selling strong beer and placing another 33% of our total sales again in competition with the grocery stores. - Act-ual aJvertised price competition in the media for retail �-,torc- 'n the next 3 years promoted primarily by e r y stores and warehouse operations - Shifting to "warehouse" style of operations for retail store to compete on a price basis. c) Other - Attempts on the legislative level by wholesalers to effectively refranchise and return to the prc.- 1980 system of one distiller u:.ing one or possibly two wh Aenalers in the State. This failed in the 1985 legislature and its chances of passing in the 3 future have been decreased. - Economically, the ongoing variations we've seen in the past few years are expected to repeat the short upswings and d---nswings through the balance of the 80's and into the 90's. 2. Internal - - Competition - It is expected that the market mix in the Navarre store which currently is about 1/3 in each if beer, wine and liquor will be altered based on what wi 11 happen with wine and beer in the grocery stores. Orono's store has however attemp* i to emphasize boutique premimum wines over the ' few years whic:j has perhaps countered other trends in the market. As reflected in an increase in percentage of wine sales. These "boutique wines" are also items that will probably not be carried in _.A grocery stores, should they get into the business. B. PRODUCTION CHANCES 1. External - As is mentioned previously it's anticipated that the retailing of the various products cu-rently marketed by the Orono Liquor Store could change markedl%- ver the next years. It i- expPcted that the r: per of convenience stores it the area will decrease as price competit_ca of existing stores and or introduction in the grocery stores of other alcoholic products will force some of those out of business. The �:�.mpetition from the grocery :s particular..y of co- cern in that they generally operate on much i lower margins for their products than has been traditional in the liquor store business. 2. Internal -In lin^ with vhat is mentioned externally. ; t is :xpec-ted that we will redefine the tasks duce hourz of full-time personnel, making rc,oserted effort to attract and retain part-time p ,cnne s needed, in order to limit production expense involved in r,�arketing the product and keep our margins down. Primary expenditurt2 increases have been in personnel and insurance. Our personnel service costs . on percer,-age basis of gross sales are excessive and will need to be reduced to be profitable. IV. MAJOR OBJECTIVES FOR 1986-1991 4 1. Definition - The 0rur.. Snore serves principribly person's who frequent the Navarre business area which generally are those living within (five) miles of the store, (generally with those that frequent Super Valu, Drug Store and Pos,. Office located adjacent) plus recreational traffic. While competition does exist `ime of the outlying convenience stores and ,o with the larger regional stores, the most direct competition appears to be with off -sale outlets, primairl, Tonka Bay Center to the south and the two, soon to be three, in Spring Park. While it wo,.:ld be nice, and efforts will be made to make this Liquor Store for all Orono residents through utilization of self benefit concept it is not anticipated that it is attractive enough to draw persons who are more conveniently located near Long Lake, Wayzata, or the 101/County 6 area in Plymout'-,. The thrust of sales then will be to promote quality over quantity in order to keep up the margins together with promoting low alcohol and no alcohol goods. 2. Promotion - Effe-ts to market the Orono Liquor Store will focus on a) newspaper ads, b) catalogs near the big buying season at Christman (Orono residents) c) store identification, for passby traffic and d) information to "tourist" traffic. B. FINANCIAL 1. Revenue - It is anticipated that sales rill generally remain flat overall in the industry with perhaps a slight c?ecline in volume over the next few years. If wine and strong beer in grocE:y stores go in, sa les wi 11 drop of f by as much as 25% for wine and 35% for both wine and beer, The overall dollar value for volume of business may go up slightly in the next few years because of the impact of the ta% that was effective the 1st of October 1985. 2. Captial. - At present ;he City's only real investment in the sure is the inventory ($100,000) it currently posses ogether w i the fixtures and money that is so invosted ov-r the years which has been depreciai;d at the pt_sent down to a figure approximately $5,000-5,300. 3. Return on Inver.tment - Ef ft, wi 11 be mace to get 5 the return of investment (RJ.L) based on market value of capital invested to equal 20%. If sole] out the City could generate $8-10,000 on investment plus license fees of $1,500. C. SALES Efforts will be made to train both full and part time people particularly in the wines area as that will be in the hitch we will be trying to strengthen our sales, Together with education in low alcohol and no alcohol beverages. D. PRODUCTION i. Level a) Numbers of personnel in the store will be reduced to limit personnel service costs by closely monitor sales in number volume to adjust the number of people on duty to match the business. Ultimately reducing personnel costs to 13% of gross sales. b) Shift sales space, etc. to reflect product sales and desired markets. 2. Methods a) Utilization of part-time personnel and the means to attract and retain good part-time personneA.. reduce hours of regular employee of forts will oi: made to balance scheduling to meet business demands. E. GENERAL MANAGEMENT 1. Organizational development a) Develop a means to give managerial personnel more direct financial and operational control of store including the performance compensation for achievement desired financial and non -financial goals. 2. General operation a) Maintain inventories at a minimal level consistent with the availabil_ty of good prices and merchandise from wholesalers together with appropriate display of merchandise on the shelves. 6 1986 LIQUOR STORE TARGET DATES 1. Sales Training - (Retailing/Product Information) Develop Program 3/1 Implement Program - Full Time 4/1 - Full Time Instructing Part Time 5/1- 2. Compensation Define Task Responsibilities 3/1 - Balance wages/hours/demand times Implement Employee Evaluation 1/1 3. Management Control Develop More Timely Reporting System 4/1 4. Production a. Reduce personnel costs by 5 in 1986 Develop New Demand Scheduli►iy System - Implement 1/1 b. Customer Service - Develop means to upgrade 3/1 - Implement program of upgrade 4/1 c. Monitor Market Trends (Customer Tastes) to Adapt to Change Ongoing - Develop Guidelines d. Set Appropriate Inventory Tragets to Facilitate Turnover and Promote Selection 1/1 e. Develop/Implement Store Rearrangement 12/l/85 5. Sales/Marketin a. Develop More Formal Ads/Promotions Program 3/1 - Implement - Incorporate tastings b. Product Pricing Ongoing 7 - Monitor to maximize profit c. Promotion of Selected Products Ongoing - Premium wines - Low alcohol products - Summertime purchasers - Wine and food - Special order 8 17 J ;9Bd SALES --- -- Current 441,141 467,4:3 Dollars % of Increase 5.8 CPI/I.oca) 11.9 421,099 COST OF SALES 393,268 323,396 • of Sala 69.1 of Increase 6.6 OPORTINC OMENSES 93,999 199,852 t of Increase 21.2 6.2 of sales 21.2 21.4 PROtITS/wr IMMME oche 35,710 44,262 Ir►vestslsnt 2,681 3,267 Other 83 359 Total 38,414 �1, -81 • bf Increase 24.6 1 of Sale 8.7 10.2 CAPITAL Inventory 1 Jan. 82,709 109,345 TORN OVER 3.66 3.22 RETURI4 ON INVES'R4 T/KDG/IA D Net Cost 58,259 49,384 Fixtures 18,906 19,095 Net Fixture (1,721) (1,490) Inventory 82,789 100 345 Total Investment 159,954 1 8� Retained Earning(142,769) (151,129) Return an 24.0 28.3 Investment (26.9) (31.7) Contribution 35,030 40,000 1 of Cost of Sales Liquor 62. 60. Mine Beat 18. 40. UNIT SALES Liquor 29.9 wine 26.0 Beer 45.0 Total Unit Sales 92,617 Customer Counts 60,955 Units/Customer 1.52 I NVI?MRY Liquor 77,266 94,603 wins Beer/Mix 5,523 5,746 TURNOVER BY LINE Liquor 2.45 2.05 wine Beer 20.03 22.6 1}IL;ItJF'SS TAWJ7.: 1901 19?2 1e,'; 47s,171 437,518 444,510 1.2 (7.5) 1.6 14.5 2.6 2.1 372,297 326,717 304,693 314,483 69.0 69.7 70.7 1.0 (6.7) 3.1 98,652 106,153 112,544 (1.2) 7.6 6.9 20.9 24.3 25.3 47,801 26,477 17,483 8,996 5,882 3,055 371 601 665 7�, 668 32,963 21,203 19.4 (42) (36) 12.08 7.5 4.6 106,408 109,419 114,454 3.07 2.79 2.74 20,313 27,241 13,945 26,022 26,388 26,388 (7,628) (7,438) (6,895) 166 408 109,411 114,454 152, 4 63� ,040 154,"i69 (134,349) (144,090) (135,294) 37.4 22.2 13.7 (42.5) (22.9) (15.6) 40,000 40,000 30,000 60.1 59.3 59.5 39.9 40.7 42.5 27.2 26.5 28.5 25.2 26.6 25.6 47.6 46.9 45.9 89,608 77,381 76,443 59,416 54,152 52,668 1.51 1.43 1.42 99,212 102,614 107,C28 7,197 6,797 6,627 1.96 1.76 1.73 18.1 18.2 19.2 1984 19N5 ;9p6 1.9?. 419,509 438,021 475,000 503,%!.d (5.6) 4.0 303,'192 299,257 71.E (4.9) 114,887 2.1 27.4 5,365 3,479 _ 274 9,118 (57) 2.2 101,269 2.95 22,887 26,468 (5,265) 101,260 150,638 (129,412) 6.1 (7.8) 15,C00 37.1 23.1 39.8 27.3 27.1 45.6 72,587 49,568 1.46 4G,010 49,245 6,003 2.41 1.40 19.8 4.0 312,030 71. 3.2 122,000 6.9 28. 4,000 3,009 275 7,375 (19) 1.7 100,000 3.09 13,000 26,590 (4,000) le0,000 139,5e3 (117,003) 5.3 (6.3) lu",u'00 36.0 24.9 39.1 26.9 29.0 44.1 74,294(est) 48,103(est) 1.51 71,944 54,425 7,105 5.0 349,003 71.6 19.9 M 4,ja a4.7 2, 500 300 Ia,U0o• 80,000 70,939 TO Mayor and C i ty Counc i 1 (� FROM: Mark Bernhard5on, City Arlininistrato��l DATE: April 21, 1986 SUBJECT: Liquor Operations Report - January -March '86 As indicated at our last discussion on February 26, 1986 regarding 1985 year end results it was indicated that staff would bring back this item with the first three months result so that you would be able to compare those results against the targets and the business strategy plan that had been established for 1986. Below are the first three month results historically and as weight against the targets that have been established. 183 184 185 1986 Actual Actual Actual Target Actual Net Sales 76,012 85,216 73,456 83,000 83,254 Cost of Sales 55,069 61,896 54,405 60,067 61,063 Gross Profit 20,943 23,728 20,118 22,933 22,191 Expenses 27,382 Operating Income (6,441 ( )-Indicates Loss Non Operating Revenues 28,167 (3,746) 29,41- s 28,290 (5,357) 28,071 (5,880) 495 Net Income (5,385) Inventory 98,950 100,088 97,411 80,000 92,419 The 1986 targets, if met, will yield about $10,0"0 net income by the end of the year. The most critical is the net income figure and to date the operation is about $500 behind the target figure prior to inclusion of nonoperating income. RECOMMENDATION - It is recommended that the City continue to monitor and work on its business stratgey plan for improvement of the business for the next three months and total figures for the second quarter will be brought back to the Council at its July 28th meeing. PROPOSED MOTION - Moved by , seconded by , to accept the report and continue on course with the liquor operation plan for 1986. Ayes _ , Nays __ 1 CITY OF ORONO MUNICIPAL LIQUOR STORE BALANCE SHEET ASSETS Current Assets: Cash and Investments Returned Checks & Credit Card Charges Accounts Receivable Accrued Interest Receivable Prepaid Expenses Inventory for Resale Total Current Assets Property and Equipment: Leasehold Improvements Equipment Less Accumulated Depreciation Net Property and Equipment Total Assets LIABILITIES AND FUND EQUITY Liabilities: Accrued Wages Payable Accrued Retire-ent Payable Accrued Credit Card Expense Accounts Payable Due to State (Sales Tax) Due to Fed Govt (Liquor Tax) Total Liabilities Fund Equity: Retained Earnings January 1 Net Income January 1 to March 31 Transfers to General Fund Total fund Equity Total Liabilities an-1 Fun,? Equity MARCH 31, 1986 $ 19,730 536 540 9,454 92,419 725 25,763 26,488 23,361 $ 1,263 314 60 9,417 2,430 1,889 115,818 (5,385) $122,679 3,127 $125,806 $ 15,373 110,433 $125,806 MARCH 31, 1985 $ 22,672 277 450 5,856 97,411 725 25,763 26,488 21,651 $ 1,241 369 79 7,053 2,199 129,412 (8,850) $126,666 4,83, $131,503 $ 10,941 120,562 $131,503 CITY OF ORONO MUNICIPAL LIQUOR STORE STATEMENT OF REVENUE AND EXPENSES Three Months Ended March 31 1986 1985 Amount % Sales Amount % Sales Sales and Cost of Sales Sales $ 86,630 100.00 $ 74,523 100.00 Sales Discounts 3,376 3.90 1,067 1.43 Net Sales 83,254 96.10 73,456 98.57 Cost of Sales 61,063 70.49 53,338 71.57 Gross Profit After Sales Discount 22,191 25.61 20,118 27.00 Operating Expenses: Personal Services 17,861 20.62 20,614 27.66 Supplies 322 .37 571 .77 Insurances 2,527 2.92 1,451 1.95 Building Rent 3,750 4.33 3,750 r, 73 Other Services & Charges 3,183 3.67 2,604 _.50 Depreciation 428 .49 428 .57 Total Operating Expense 28,071 32.40 29,418 39.48 Operating Income (Loss) (5,880) (6.79) (9,300) (12.48) Nonoperating Revenue: Interest on Investments 454 .52 450 .60 Other 41 .05 Total Nonoperating Revenue 495 .57 450 .60 Net Income (Loss) $ (5,385) (6.22)% $ (8,850) ;11.88)% GROSS PROFIT ON SALSS TYPE OF SALE A B A B Liquor - Sales 36.68% 37.00% - Gross Profit 38.47 30.96% 35.67 27.40% Wine - Sales 24.46 27.75 - Gross Profit 28.05 33.84 30.74 31.49 Beer - Sales 36.60 33.04 - Gross Profit 32.37 26.10 32.58 28.03 Mix & Misc. - Sales 2.26 2.21 - Gross profit 1.11 14.52 1.01 13.02 Totals - Sales 100.00% 100.00% - Gross Profit 100.00E 29.51 100.00% 28.43 - Sales Discounts 3.90 1.43 25.6T% 27.00% NOTE: Columns "A" reflect sales/gross profit as a precont of the total sales/gross profit Columns "B" ref lect dross prof it an a percent of the type of sale 82086.3 TO: Mayor -nd City Council FROM: Mark b-rnhardson, City Administrator DATE: August 20, 1986 SUBJECT: Liquor Store Performance Attached is a copy of the memo that you received last time regarding performance of the Liquor store through the end of June 1986. Based on the July estimates in which the store did $55,000 of gross sales, it is anticipated that operation broke even at the end of July for the year. The store has done an excellent job in trying to trim expenses particularly the personnel area. However, savings in this area have somewhat been offset by "extraordinary expenses" from last year ($1,600 in legal expenses) together with insurance expenses which doubled from 198E Based on the discounts and markups, the needed gross sales to support the expenses on a monthly basis equal $38,000. Below are results from previous three ye,.rs together with targeted results in the business plan and presently expected results. Target 'F6 Expected f, 1983 1984 19.,5 (12/85) (8 86) August $47,400 $42,800 $48,500 $48,000 $50,000 --f" September 38,200 31,300 35,400 38,000 36,000 October 35,900 30,900 34,600 38,000 35,000 November 33,300 30,900 37,800 40,000 38,000 December 50,333 44,800 46,400 52,000 50,000 I Yearly Net Income $17,500 $ 5,400 ($ 8,900) $ 9,900 $ 61000 It is of note of the first six months operation net income for the Mound store which has considerably larger volume of business has been down markedly from 22,140 to 6,177 in 1986. They attribute this in part to the competition of the Liquor Basket that went in last summer in Spring Park. This apparently has not had an appreciable effect on the Orono operation and the store reorganization and cleanup together with the reduction expenses have aided in improving Orono's picture over last year. RECOMMENDATION - It is rec,mmended that since the 3rd querter is ant.:ipated to be profitable that the City look to October report to see if the revised results are met together with a outline for store sale. Liquor Store Performance August 20, 1986 Page 2 of 2 If sold, the City would anticipated receiving approximately $100,000 which would equal the cost value of the stock plus in- store assets. It Is not anticipated that there would be any value given for location or goodwill. Actual impact of the arrangements of the value the City gets be a function of the means of sale. Since the City owns no real estate, it has been the opinion of the City Attorney that the sale would have to be a sealed bit operation unless the City could get special legislation to negotiate a sale of its assets which would be the exception to the rule. If the -, ecial legislation could be obtain d the City might be able to negotiate a possible sale to the employees if they were interested. PROPOSED MOTION: Moved by , seconded by to accept the report on it and direct We Administrator o prepare in conjunction with the 3rd Quarter report the steps -,nd issues for the City to sell its liquor operation business. Ayes _, Nays cc: Lorraine McGowan Tom Kuehn TO: Mayor and City Council t 8186.4 -11 j FROM: mark Bernhardson, City �ldministra+t DATE: August 1, 1986 SUBJECT: April - June 1986 2nd Quarter Liquor Report Attached please find the .liquor report for the store through the end of June 1986. As you'll recall the first quarter lagged about $1,000.00 behind projections and resulted in a $5,800 loss. While the sales resu -s from the 2nd quarter sales, have been very strong and made a 2nd quarter prc- t, the ar to date operations, lag about $3,600 behind projection; but teduceq the 6 month loss to ($2,098). Business continues to be brisk and staff is working to minimize expenses and make sales more profitable. Below are the first six months results historically and as a view against the targets that have been �staol ished. 181 Actual Net Sales 190,115 Cost of Sales 136,200 Gross Profit 53,915 Expenses 55,100 OperatingIncome (1,185) + ) - Indicates Loss '84 Actual 199,485 142,175 57,310 58,228 (91;.) '85 1986 Acutal Target Actual 189,145 138,513 50,632 59,224 (8, 592) 214,000 154,800 60,705 60,276 435 hDn Operating Revenues 1,501 1,562 1,100 Net '-ncome 316 644 (7,492) Inventory 1 14,205 1 1 1, 74 3 1 0 8, 282 90,000 she 1986 targets, ii met, would yield about a10,000 net income by the end of the year, currently the operatics is $3,600 behind the target ne+. profit. For comparison the operat:-n was $500 behind the I-arget in March (a $5,,. )0 loss.) In 1983 when the operation lost ($1,185) through June eventually made $17,500 by years end. While personnel services expenses have been significantly decreased these are somewhat offset by a doubling of liabi'Ity insurance rates. One extraur "Iinary cost has been $1,650 for legal expenses charged in 1986 for a 1985 case. Excluding these charges places the operating loss about $1,600 net loss for six months and $2,000 behind the target. RECOMMENDATION - Although performance conti!-Aes to be strong it s recommended this item be discussed at the A ust 25, 1986 Council meeting. Proposed motion - Moved by , seconded by , to accept the information for the second quarter liquor results and tnat the it^m be placed on the August 25, 1986 agenda for further discussion. Ayes _, Nays _. 210,039 153,526 56,513 59,767 (3,254) 1,156 (2,098) 65,376 cc: Tom Kuehn, Finance Director & Lorraine McGowan, Liquox Mgr. CITY OF ORONO MUNICIPAL LIQUOR STORE STATEMENT OF REVENUE AND EXPENSES Three Months Ended Six Months Ended June 30 i986 965 --------••------- 1986 ----------------------------------------- 1985 --------------------• Amuunt 1 3alea Amount t Sales Amount 1 S:,les Amount t S..1es Sales and Cost of rules: Sales $130,811 100.00% $11 .842 100.00% $217,441 --60.0et $193,365 M).00't Sales discounts 4,026 3.06% 53 -------------- 2.65% 7,402 ---------------- 3.4 4,22D ------------------ 2.1"$ Net bales ----------•-------- 126,785 96.92% 3,609 97.35% 210,039 96.. 189,145 97.82% Cost of sales 92,463 70.68% 85,175 71.67% 153,526 - - -- 7(".. . ----- 138,513 ---------------- 71.63% Gross Profit ----------- $,1,322 --- -6.24% ------------------ $30,514 25.68% $56,513 ;5.99! $501612 26.19% After Sales Disc. Operating expenses: Personal services L3,95; 14.401 20,5Cu 17.25% 36,816 16.9' 41;12J 21 •arl es `14 0.- 390 0 :'s% 935 t1.3 961 J.5e Insui sTiccs 2,4 l I._ 75 l.. 2 .0 2,926 1.51% Building rent 3,750 2.6 ;,750 3.1 0 -14 7,501 3.88% other services a c::arges 5,468 4.lu 3,258 2..-j ?.''$* 5,.62 3.41! Deprecia:ior, 428 ------------------ 0.33% 127 ---- -- - 0.39% -----_ 855 •------------ u -otal Operating Expense 11,696 ---------• - ------- 24.231 _-------- 29,60' ------ Sa -- '�•4 4 ..... -i9,224 ----------- 30. operating Income (Loss) 2,626 2.01% ,.i"y (.,592) -4 t:cnnperating Revenue: Interest on Investmp.its 624 0.531 650 0.55% ,100 0.57% thcr 37 0.03% - ---••-------------- - -- 0.. _... - ------------------ - Total Noncperating Rev. ------------------ 661 0.511 650 0.55! 1,11c .. i. ;! 1,100 - -------------- 0- Net Income (Loss) ----------------i- $1,187 oeae.ve..aeaccc3acr:a 2.5-1 ------------------ $1,358 ---------- 1.15% eve.. a.eca ---------•- ($2,090) asc sovovccavas,awop - -_- 3 961 (. ,492) -3.37% aoa eavv e_eo. __.cceea GROSS PROFIT ON SALES GROSt: PROPI:' ON TiPE OF ' ------------------------------------ A B A B -- ---- A ------- I. ------ B Liquor - sales 32.46t 33.20'1 -04.144 34.(5t - profit 33.101 29.891 29.771 ?6 19% 35.251 3.." 32.951 26.7u: Dine - bales 22.30% 25.621 23.161 2c.44t - profit --5.481 33.511 31.75% 35.11% 76.51 33.6516 60 33.651 t Beer - sales 42.021 38.961 39...t.. .bat - profit 37.471 26.14% 34.42% 25.0--1 35.'2! 26.12% 33.711 2t, i MY 4 Misc. - ;._lcs 3.22% 3.22% 2.8•1 2.83% - profit 3.951 35.991 4.061 35.76% 2.81% 2+-:'t 2.8a, 20.92t als - sales 100.00% 100.00% 300.001 100. :i - gross profit ;J0.001 29.321 100."* 29.331 100.00% M 35% 110.001 28. - sales discounts --------- 3.081 '.651 . �01 - 2.1.. raa��ca�a 26.24% --- �. 25.681 lf•lf 25.991 �'a�'�O aY.aa atitY• NOTE columns 'A' reflect sales/gross profit as a percent .f the tote' ales/gross it oYit columns 'B• reflect 9.oss profit as a percent of the type ot sai r CITY OF ORONO MUNICIPAL LIQUOR STORE BALANCE SHEET ASSETS JUNE 30, 1986 JUNE 30, 1985 Cv--.'-ent Assets: Cash and investments $44,994 $24,793 Returned checks i credit card charges 604 350 Accounts receivable - - Accrued interest •_eceivable 628 11100 Prepaid expenses 5,469 4,560 inventory for resale 85,376 108,282 Total Current Assets $137r071 $139,085 Property and Equipment: Leasehold Improvements 725 a Equipment 25,763 2� "163 $26,488 $26,488 Less accr •.ed reciation 23,789 22,078 Wet Pro.. .nd Equipment 2,699 4,410 Total Assets $139,770 $143,495 LIi+.._ .1 tIES AND SOUND EQUITY Liabilities: Accrued wages payable $2,936 $2,815 i Accrued retirement parable 425 501 Accrued credit card expense 108 127 Accounts payable 19,561 16,510 Due to State (Sales Tax` 2,074 1,622 Due to Federal Gov't (Liq. Tax) 944 - ------------------ Total Liabilities ---•--------------- $26,050 521,575 fund Equity: Retained earnings January 1 tl'--31c $129,412 Not; ir, come Jan. 1 to June 3, ( 2, 098 ) ( 7, 492 ) Trans?ars to General Fund - - Total Fu�id Equity 113,720 121,920 ---------- T,i+s1 Liabilities i Fund Equity ---------- $139,770 $143,495 103186.4 C) 1 TO: Mayor and City Council FROM: Mark Bernhardson, City Admini:,trator DATE: October 31, 1986 SUBJECT: 7_987 Legislative Policies Attachment: A.) 1987 Proposed Legislative Policy Memo Dated 10/201/87 as Amended ISSUE - De'.ermination by the r.o:.fc,ci 1 of the issues they consider of significance for monitoring during 1987. DISCUSSION - Attachment A outlines proposed policies for Counc consideration during 1987. At the October 27, 1986 the Counc:._ requested the policy relating to access be changed from 1 that any additional access by related to density and safety and that be amended to say it was the Council's postion that no further access be undertaken on Lake Minnetonka. (This change has been reflected in the attachments.) RECOMMENDATION -- It is requested that Council review and amend any policy to better express their intent in dealing with other governmental bodies. PROPOSED MOTION - I ;ved by , secondeC by _, the Orono Council adopt the attached policy including any amendments as those issues which it feels should be worked with through other governmental jurisdictions during the year 1987. Ayes , Nays LEMM of (iDME CMUNr FLDI:RAL ISSUE POLICY/CaK ENTS Revenue Sharing Ph.- xut in exchange for genec_1 federal tax reduction Cm of ORONO Date IOX20166 Uodate STATUS LEAGUE POLICY 10120 .Mot paee¢d ption FL-2 Supports reauthorization No policy to Cong.teeaionat adjowameent AI'S•; POLICY LEVEL. OF GDVt:FA4ENT STATE ISSUE POLICY/COMIENrs ENVIROLD ENT - LAM USE 1. Lake Minnetonka Access User fees 2. Green Acres/ Agricultural preserve 3. Solid Waste 4. Annexation Adequate access exists 5 the City 4S opposed to additional -access Appropriate use stickers/fees to pay lake use costs Utilization of program to preserve land. Currently _ acres in Orono under Ag Preserve and undeA gaeen acAee Promote appropriate recycling to limit use of landfills Change law back to requiring both Municipalities to concur in change in Metropolitan areas STATUS [41 0ES W1 611 �7 Date 10/,0/86 Update _ LEAGUE POLICY No policy LUEET-2 Strongly promotes preservation of Ag lard LUEET-3 Supports • Effective planning • Alternatives to landfill • Comp/Incentatives for Comities • Funding for damages • Clean-up hazardous wastes • Condemnation awards/ polluted land I=-2 Addresses Fasier annexation of unincorporated areas by municipalities :rYd PJLIC'Y No policy '-E Phase out 'Green Acres' .ignation replacing it with _'reserve which requires municipal concurranee in designation IV-0 Recommends Counties assume responsibilities for separation/ recycling municipalities keep only limited collection authority No policy LEVEL OF GOVERNMENT STATE ISSUE POLICY/COM+u. `S FINANCE 4. Local Government Aids 5. Cofiparable Worth 6. Tax Increment 7. Tax Exempt Property Amend formula so that "needs" funded are not driven by past expenditures Not let "essential employees" binding arbitration drive upward pay results of other employees with no comp worth control on "essentials" Preserve current authority for development Tax exempt institutions should pay their "fair share" of all municipal costs STATUS CITY or QXMO Date 10/;C /86 update LcAWE POLICY RS-5 * Continuation of program * 6% increase 88 and 89 * Delay any changes until property tax reform done PPS-4 Require inclusion of "essential employees" to be subject to act DS-: No change in current legislation. RS-13 All tax exempt except churches pay cost of police, fire and streets AMd PIULICY i-C Continue commitment to local government increasing funding on fair/equit. `)asis. Legislature explore .. means to address uniqu, .l problems I-8-4 Adjustments for oxy worth be outside levy limit If/F-1 No �bdnge in current legislation ID/D-1 Same as League but additionally exempts property used for education purposes including academies, colleges, universities LL✓EL OF GOVERNKENf STATE ISSUE POLICY/COMML.10 TRAISPORTATION/PHYSICAL SERVICES 8. Highway Jurisdiction- Turnbacks 9. Infrastructure Fund While the City could probably do a more effective maintenance job, no turnbacks shuuld occur without appropriate capital and operations/maintenance funding Given replacement costs of infrastructure are becoming more difficult to specially assess because of "benefit" principal support preservation of mill levy outside limits to fund such replacement as an option Metro Furl - opposes use of fiscal disparties to fund Metro Highway pool CTAIUS CITY OF aiRO Date 18/aJ/86 Update _ LEAGUE POLICY LUEET-4 Supports realignment of roads based on functional classification - opposes an, turnbacks without appropriate funding No policy AAM POLICY V-F similar to Leagues V-G Given State/Cty ability to declassify and turnback, Legislature should eitiier a.) Allow municipality to refuse or b.) Have additional miieage outside MISA limits V-P Opposes use of fiscal disparties to fund Metro Highway fund 4 CIT f OF ORONO LEVEL OF GJVk;<L'MVr COUNTY Date ld/9Q/86 Update ISSUE POLICY/COPPIENiS STATUS LEAGUE POLICY AiM PriLICY 1. Computer aided Dispatch Question the County's proposed N/A N/A $5.3 million expenditure for a questionable technological application Solid Waste 7.w "penalty" approach of current Cty ordinance to achieve 10% recycle goal is short sighteJ HEIMPIN PARKS 1. Park Acquisition Limit acquisition to lands that are better held as public park land or respond to a significant public need 5 LEVEL OF GOVERNMENT METROPOLITAN ISSLW eOLICY/C0W0?IS 1. Metro waste * Support legislation deleting - SAC charges SAC charges to all properties - Levei not within 1-2 years of sewer - Applicability availability - Refund * Question effectiveness of ref•, sing previously paid SAC cha �s as it relates to trac.,cii.3 down snu paid, appropriate refund receipient, future SAC charges STATUS CT-V OF' CXCW Date 10/J�/86 Update LEAGUF POLICY AMiM POLICY 11586.6 0.d TO: Mayor and City Council iROM: Mark Bernhardson, City Administratjp j DATE: November 5, 1986 SUBJECT: State Auditcr's 1985 Report of Municipal Financial Health ATTICHMENT A.) 1985 Report of Municipal Fiscal Health ISSUE - Receipt of information from the State Auditor analyzing the City's finan.,ial condittion based on trends and figures from the 1985 Financial Statements of Orono and other municipalities in the state. DISCUSSION - Attached please find information the City received from the State Auditor's office outlining chat office's view of the municipal fiscal health in the State generally with specif=- comments on Orono's fiscal health both in narrative and tabular form. Staff feels this is a useful analysis however there is some information that is somewhat misl ading based on these results. An example of this i9 the cost per capita (j.' the City's Police service. The City's contracts expenditures for other communities is included in our Police budget. As such the per capita cost for Police is well in excess of Orono's net costs for Police service. Additionally the lead statement in this is Orono is poised for grc.wth based on 'inancia_ , ;i :ion related to special assessi.ients debt. Based on that this i ,got a correct reading of the City's intent or purpose for incurring that debt. RECOMMENDATION - Staff's recommendation that Council accept the information and to the extent that they have any questions, staff woull be happy to -ess those either individually or to the group at the Council ..eeting. PROPOSED MOTION - Movf.d by , seconded by , to acknowledge receipt of the State Auditor's information rclarding the 198'5 Fiscal Health of the City of Orono. Ayes ,� cc: All Department Heads �01 0# STATE. OF MINNESOTA OFFICE OF THE STATE AUDITOR I� L' I T L 400 OCI n 1� 555 PARK STRFI.T ' ,I SAINT PAl1I 55103 L i ARSE H. CARISUN 96 2551 Simi At DITOR FOR FURTHER INFORMATION October 20, 1986 C- Connie Waterous FOR IMMEDIATE RELEASE 612/297-3681 STATE AUDITOR r .NE CARLSON SAYS METRO CITIES IN STRONG FINANCIAL POSITION State Auditor Arne Carlson said today that municipalities i the Twin Cities metropoli*:-n area are generally in a strong finr cial position, whether their growth is rapid or slow. "The 88 metro cities that we surveyed brok, ' wn into two basic groups --the growing subu-.bs and the mature suburbs,' Carlson stated. "The growing suburbs are taking on debt, but the debt will likely be repaid from growth in the tax base. The mature suburbs are holding the lire on debt_ while stir orting broad programs and services." One of the most positive findings in the survey of ciL financial _rofiles was that general fund balances were increasing, Carlson sai•9. "A healthy fund balance assures cash flow for normal operations, while prc M ing a city in the event of a financial emergency," Carlsor: :omc. =d. The moat noticeable trend it the survey, cco:": ng to Carlson, was the increasing reliance of growing communities, on special assessments. "In 1085," he not i _leven suburbs nad special assessment debt in excess of $1,000 per capita." Carlson said that 24 metr- area cities derived more than one-fourth of I.r revenue from special asse smen .. ^ities with the heaviest reliance on special assessments in 7_985 were: City of Revenue Oakdale 55.6 And-ver 5 5 hamriin 4 Maple Crove 42.E Eagan 40.5 Hugo 39.5 Inver Grove 4Piphts 33.2 tioc .'bury 33.0 Hv:nsvi?:e 32.9 Apple Valley 32.0 - 1 - AN EQUAL OPPORTUNITY cMPL(,VER �11111hp- A "There is nothing particularly wrong with this trend," Carlson stated. "Special assessments are not popular, but neither are property taxes. Most communities a -ying to strike the proper balance between these two revenue sources." In the growing sub i, Carlson st , the choice between property taxes and spe- cial assessments is .ometimes dicta,ed by state law. "The legislature imposed limits on local property tax levie• 1 1971," he explained. "Growing Suburbs quickly bump into these limits as t•.y make the capital improvements that grown: requires." Metropolitan municila, are raising about as much pro•erty tax reve,,,.e ouL- side the levy limitf. as Jr, them, C'-rlscn said. Not only are special assessments excluded from the levy li ,ts, he said, but levies of metropolitan transit, airport and waste control agencies are also excluded. "Property taxes and the general obligation bonds teat are backed by property value spread the cost of ci,y services ac-oss all residential, commercial and industrial properties," Carlson stated. ;pecial assessments assign the cr-t of services directly to the immediata beneficiar:es. "Whlc,, syscc.J is fairer? What balance is appropriate for a given city 'hes^ are crucial questions," Carlson said. "The levv limit introduce an ar .icial and unnecessary barrier to a rational search for answers." C :lson said that municipal dF , bo'' fr•.;t;Aneral obligation bonds and special assessment bond:;, appears manageible. "Debt r•t-rvice as a percent o: current rev,:nua varied all he way from zero to 318 ;.ercent, but the range isn't as broad as it appears," C-Arlson e.cplsined. "We have three debt -free cr. cities: Bayport. Inuependence and North Oaks," h_ said. "North Oaks pent nc ig n- capital improvement,- in 1985, arc' the other two spent very little. These ar- al., sttblE communities w:ch good manageme;:_ and a light dem,^^d for city pro;,ided services." Ca lson said the 318 pr,r_ -;_ 'igure came from Arden bills. "This is a special case where a distortion occurs. %id. "Arden Hills refune i bonds last year. Our reperting system cam+. . payment of old bonds a. c• It service, but it does not count the new " -s revenue. Th? truth is ..,at Arden Hills .as had close to average d�i,t service costs in recent years, and will probably cc 1t?nu,_ to •lo so." Carlson said that cities which use sh o t-teem borrowing also r high rat: of debt servic•_ `o current revenue. Other cities, he said, ha,(� ...- ge one-time 3ebt service costs berm a they defer princ ,)a: paym,_nts to the final year f a tond iss-.e while paying only is:tereF durir, , the term of the .slue. "We have placed special 4s on uniform ac,,,-unL ; so t`. we can me . direct comb icons between cities,' Carlson pointed out. "� arisons become tricky in the debt service category, hnwever, `.ecause of inir,u� :o..dl circumstances." Carlson said that Moody's bone' rating ,.igency encourages cities L(� keep e-ebt ser,i, at less tha. !0 percent of current revenue. d the median Figure amonk mccro cities ',. 198' was abort 2? h Yetcent. - 2 - "Any community that finds itself consistently above this 20 to 24 percent range should take a close look at its debt service costs," Carlson recommended. "There may be good reasons why a well -managed city would be above this range but those reasons should be well understood by community leaders." The debt service requirements are naturally higher in growing communities, Carlson noted. "Most of the growing suburbs were above 30 percent in debt service," he said. "Even discounting unusual cases like Arden Hills, we see a pattern here." Minneapolis and St. Paul ranked first and second in 1985 current expenditures per capita. "The high cost of city government in these urban centers is natural," Carlson commented. "Minneapolis and St. Paul are centers of employment, commerce and entertainment. There are extra demands on streets, uti- lities and law enforcement." Minneapolis also ranked first in total expenditures, which include cap'.tal outlays. St. Paul ranked fifth in total expenditures per capita. "Three outer suburbs --Medina, Eden r irie and Waconia--are ahead of St. Paul in total expenditures per capita," Carlson stated. "Eden Prairie spent $475 per resident on capital improvements last year. Medina spent $440, and Waconia spent $414. Change is coming quickly to these communities." "In the final analysis," Carlson commented, "metropoli.!.ari municipalities reflect metropolitan conditions. The Twin Cities area has a low unemployment rate, a d;.verse economic 1 , and robust retail sales. Unless these conditions change, there is little cause for concern about the financial health of these communities." "It is essential," Carlson continued, "that the suburbs with substantial debt continue to grow. Elected officials in these communities should pay close attention to property value and retail sales statistics, which should begin to rise along with population if they have not alrea,';•" Carlson said that statistics from the state demog _-)i :- show that 17 metro cities lost population L-tween 1982 and 1985. "None of these losses was severe," Carlson noted. "The biggest percentage drop was 2.1 percent in Osseo -- but that was only 60 residents out of a population of 2,900," he stated. "Some of the inner suburbs are showing very slight losses, probably as children born in the 60's grow up and leave their family homes," Carlson observed. "These suburbs have paid off most of the debt they took on during their growth years." Carlson said that Brooklyn Center, C-ystal, St. Anthonv, Anoka and Golden Valley all show population losses. "Among these cities," he said, "the debt service is 11 percent of current revenues or less. Crystal's debt service is 4 percent." The metropolitan centers of Minneapolis and St. Paul also show stable populatoin and below average debt service, according to Carlson. "St. Paul's debt service is less than 15 percent of current revenues," he said. "Minneapolis is below 12 percent." # # # # # # # # # # - 3 - STATE: OF MINNE'SOT.% 4 OFFICE OF THE STATE. AUUI IOR SUITF.4W 555 PARK STRI I I SAINT PAUL 55103 ARNt H. CARI'cO\ 296-2551 Simi At DHOR FOR FURTHER INFOP-4ATION October 20, 1986 Call: Connie Waterous FOR IMMEDIATE RELEASE 612/297-3681 STATE AUDITOR ARNE CARLSON SAYS ORONO IS PREPARED FOR CONTINUED GROWTH State Auditor Arne Carlson said today that hir survey of city government finances in the seven -comity Twin Cities metropolitan area showed good management. "Overall," Carlson stated, "municipal governments appear to be operating pru- dently and adjusting well to changing economic conditions in their communities. Suburban communities are well served in this area. Financial management tends to be very strong." Accc, ag to Carlsor:, the survey of financial profila,. from 88 metropolitan cities showed two tis..nct patterns of spending and debt --one pattern among growing suburbs and ore among mature suburbs. Although most ^ities fell into one categor, .,r the other, Orono had charac- teristics of both groups, according to Carlson. Its population growth was below average, but its reliance on special assessments was heavier than in most of the mature suburbs. Apparently," Carlson noted," Orono is preparing for continued, and perhaps increased, growth. Orono's population increased by 2.9 percent from 1982 to 1985. Its indicated market value increased by 15.1 percent during the same period. Retail sales in the city increased by 64.5 percent from 1982 to 1985. The city government's current expenditures were $249 per capita in 1985, com- pared to Minneapolis, which lad aI' metro cit'_:s with current expenditures of $748 per capita. Total revenues per capita were $509. Total expenditures (including capit,; outlays) were $419 per capita. The city's general obligation debt was $16 per capita in 1985. Its special assessment debt was $467 per capita. Debt service was 17.5 percent of current revenues. Carlson said this statistic is important because it reflects a portion of future revenue which has already been committed. AN EQUAL OPPORTUNITY EMPLOYER -I♦® - 2 - Another important indicator, Carlson explained, is a city's year-end general fund balance. Orono's balance was $2,215,606, which was 127.0 percent of current expenditures. Carlson said that in general, metro municipalities have been building their fund balances in recent years. "Our office has been recommending that fund balances be strengthened." "A healthy fund balance assures cash flow for normal operations," Carlson stated, "while protecting a city in the event of a financial emergency.' Carlson said that while fund balance and debt service are good barometers of financial condition, they should be analyzed in a broad context. "Statistics for 88 governments naturally run to extremes," he noted. "Elected officials and municipal managers should review finances carefully, spot long-term trends and consider unique local circumstances before reaching conclu- sions based on one or two statistics," he said. The city sewer fund had a net loss of $35,908 in 1985. The water fund had a net loss of $16,687. The liquor store had a net loww of $8,594. The golf course had net income of $9,264. The city's revenues for 1985 came from the following sources: (Figures may not add to 100% due to rounding.) Property taxes . . . . . . . . . . . . 25% Intergovernmental revenues . . . . . . 16% Special assessments . . . . . . . . . 29%6 Other . . . . . . . . . . . . . . . . 30% The city's expenditures were divided as follows: Pol ice . . . . . . . . . . . . . . . . 37% General . . . . . . . . . . . . . . . 23% Streets/highways . . . . . . . . . . . 18% Fire . . . . Culture/recreation/parks . . . . . . . 2% Other . . . . . . . . . . . . . . . . 12% OFFICE OF THE STATE AUDITOR MINNESOTA FINANCIAL HEALTH PROGRAM ECONOMIC VITALITY CITY OF: ORONO 1. INDICATOR: CHANGE IN POPULATION STATEWIDE 4 YEA,. AVERAGE PERCENT 4 YEAR 1982 1983 1984 1985 CHANG: I CHANGE POPULATION 6,820 6,820 6,820 7,020 CHANGE IN POPULATION 0 0 200 PERCENT CHANGE 0.00 0.00 2.93 2.93 1.44 NO. OF HOUSEHOLDS UNAVAILABLE 2,349 2,349 2,462 CHANGE IN NO. OF HOUSEHOLDS .... 0 113 PERCENT CHANGE .... 0.00 4.81 2. INDICATOR: CHANGE IN PROPERTY VALUES STATEWIDE 4 YEAP MEEDIAN PERCENT 4 YEAR 1982 1983 1984 1985 CHANGE I CHANGE INDICATED MARKET VALUE 386,041,220 418,781,659 442,471,208 444,203,685 CHANGE IN DOLLARS 32,740,439 23,689,548 1,732,476 PERCENT CHANGE 8.48 5.66 0.39 15.07 2,78 TAXABLE VALUATION 79,735,485 90,132,637 95,200,115 102,076,633 CHANGE IN DOLLARS 10,397,152 5,067,478 6,876,518 PERCENT CHANGE 13.04 5.62 7.22 28.02 12.07 TAX INCREMENT DISTRICT CAPTURED ASSESSED VALUATION .... .... .... AS 4 PERCENT OF TAXABLE VALUATION .... .... .... SALES RATIO 0.801 0.828 0,816 0.670 3. INDICATOR: TREND IN BUILDING PERMITS 4 YEAR 4 YEAR PERCENT RATE OF 1982 1983 1984 1985 CHANGE INFLATION DOLLAR VALUE OF BUILDING PERMITS 6,454,340 9,766,881 17,125,987 15,928,553 CHANGE IN DOLLARS 3,312,541 7,359,106 -1,197,434 PERCENT CHANdE 51.32 75.35 -6.99 146.79 10.36 NUMBER OF BUILDING PERMITS 241 224 335 338 CHANGE IN NUMBER OF PERMITS -17 111 3 PERCENT CHAN^,E -7.05 49.55 0.90 40.25 -1- ECONOMIC VITALITY CITY OF: ORONO 4. INDICATOR: TREND IN RETAIL SALE' ACTIVITY 4 YEAR 4 YEAR PERCENT RATE OF 1982 1983 1984 1985 CHANGE INFLATION GROSS RETAIL SALES 2,223,487 6,357,096 6,523,427 3,658,342 CHANGE IN DOLLARS 4,133,609 166,331 -2,865,085 PERCENT CHANGE 185.91 2.62 -43.92 64.53 10.36 NUMBER OF RETAIL BUSINESSES 17 12 11 13 CHANGE IN NUMBER OF RETAIL BUSINESSES -5 -1 2 PERCENT CHANGE -29.41 -8.33 18.18 -23.53 S. INDICATOR: TREND IN INDIVIDUAL ECONOMIC STATUS 3 YEAR 1984 PERCENT STATEWIDE 1982 1983 1984 1985 CHANGE AVERAGE PER CAPITA INCOME 6,594 7,411 6,439 UNAVAILABLE 9,703 CHANGE IN PER CAPITA INCOME 817 -972 PERCENT CHANGE 12.38 -13.12 -2.36 NUMBER OF AFDC RECIPIENTS IN COUNTY 36,675 34,295 36,965 37,8e3 AFDC RECIPIENTS AS A PERCENT OF COUNTY POPULATION 3.88 3.63 3.90 3.94 1385 STATEVIDE AVERAGE UNEMPLOYMENT RATE IN COUNTY 6.10 6.40 4.60 4.3r 6.00 NOTE: • Per capita income is federal adjusted gross income (reported to the Minnesota Department of Revenue) divided by the city's population. -2- REVENUE TRENDS ' CITY OF: ORONO 6. INDICATOR: CHANGE IN TOTAL REVENUES CLASS 4 YEAR MEDIAN PERCENT 4 YEAR 1982 1983 1984 1985 CHANGE S CHANGE TOTAL REVENUES ALL GOVERNMENTAL FUNDS • 2,467,636 2,701,311 2,569,608 3,571,894 CHANGE IN DOLLARS 233,675 -131,703 1,002,286 PERCENT CHANGE 9.47 -4.87 39.01 44.75 27.86 7. INDICATOR: TREND IN INTERGOVERNMENTAL REVENUES REVENUES FROM STATE CHANGE IN DOLLARS PERCENT CHANGE REVENUES FROM FEDERAL CHANGE IN DOLLARS PERCEF7 CHANGE REVENUES FROM OTHER GOVERNMENTAL UNITS CHANGE IN DOLLARS PERCENT CFANG£ TOTAL IN:'ERGOVERNMENTAL REVENUE CHANGE IN DOLLARS PERCENT CLANGS CLASS 4 YEAR MEDIAN PERCENT 4 YEAR 1982 1983 1984 1985 CHANGE 1 CHANGE 500,469 482,906 42 ,9:0 542,470 -17.563 -68,996 128,56C -3.50 -14.28 3I.06 8.39 18.74 87,558 30,076 47,020 29,932 -57,482 3,944 -17,088 -65.64 56.34 -36.33 -65.80 17.54 288,578 0 U 0 -288,578 0 0 -99.99 .... -99.99 O.CO 876,6C5 5:2,982 460,930 572,402 -363,623 -52,052 1::,472 -41.47 -10.14 24.18 -34.69 :3.76 S. INDICATOR: TREND IN REVENUE SOURCES 1982 :983 '9B4 '985 PERCEF: PRO?ERTY TAXES 26.46 30.57 36.30 24.99 PERCENT. SPECIAL ASSESSMENTS 13.77 20.04 6.0: 29.04 PERCENT FRANCB:SE TAXES 0.00 0.00 0.00 0.00 PERCENT LOCK SAES 6 EXC:S7- 'AXES O.CC C.00 01.00 0.00 PERCENT 07HER OWN SOURCE 24.25 30.40 39.76 29.95 PEVEN: 1N7RGOVERN?EV7A:. REVEK"- 35.52 18.99 :7.94 16.0 TCTA: R'VIN .,,,.CV 100.00 100.00 100.00 1f0T£: Total revenues exclude4 borrom:nq and transfers in from governsW al and enterprise funds. 3- :985 .LASS �Ell :AV 2ti.9S C.CC 0.0CI 2C.7: 39.C5 REVENUE TRENDS CITY OF: 0RONO 9. INDICATOR: CHANGE. IN PROPERTY TAX LEVY 1982 1983 1984 1985 LEVY LIMIT 829,425 921,573 110901109 1,155,992 LIMITED LEVY 818,914 909,573 1,021,426 1,001,044 TOTAL PROPERTY TAX LEVY 1,239,394 1,302,646 1,511,471 1,376,803 LIMITED LEVY AS A PERCENT OF TOTAL LEVY 66.07 69.63 67.58 72.71 FISCAL DISPARITIES LEVY 14 ' :: 16,252 18,248 22,927 CHANGE IN DOLLARS 1,930 1,996 4,679 PERCENT CHANGE 13.48 12.28 25.64 FISCAL DISPARITIES AS A PERCENT OF TOTAL PROPERTY TAX LEVY - 1.16 1.25 1.21 1.67 NOTE: * Includes the local levy, the special assessment levy and the fiscal disparities levy. Beginning in 1984, cities unaer S,OCn population have no overall levy limitation. 1985 CT. ,SS MEDIAN 51.22 4 EXPENDITURE TRENDS CITY OF: ORONO 10. INDICATOR: TREND IN CURRENT EXPENDITURES BY FUNCTION 4 YEAR 1985 PERCENT CLASS MEDIAN 1982 _ 1983 1984 1985 CHANGE PER CAPITA GENERAL GOVERNMENT 342,339 t.54,675 459,955 409,659 PERCENT CHANGE 12.37 19.57 -10.92 19.66 AS A PERCENT OF CURRENT EXPENDITURES 23.19 23.96 2,.85 23.48 PER CAPITA 50.20 56.40 67.44 58.36 POLICE 499,328 56M" 610,885 652,587 PERCENT CHANGE 12.83 8.43 6.83 30.69 AS A PERCENT OF CURRENT 'XPENDITURES 33.68 35.09 34.33 37.41 PER CAPITA 73.22 82.61 89.57 92.96 FIRE 78,898 128,409 119,035 111,569 PERCENT CHANGE 62.75 -7.29 10.53 66.76 AS A PERCENT OF CURRENT EXPENDITURES 5.32 8.00 6.69 7.54 PER CAPITA 11.57 18.83 17.45 18.74 STREETS 6 HIGHWAYS 297,685 323,908 360,053 306,479 PERCENT CHANGE 8.74 11.16 -14.87 2.89 AS A PERCENT OF CURRENT EXPENDITURES 20.09 20.17 20.23 17.57 PER CAPITA 43.68 47.49 52.79 43.66 REFUSE wND SANITATION 0 0 0 0 PERCENT CHANGE .... .... AS A PERCENT OF CURRENT EXPENDITURES 0.00 0.00 0.00 0.00 PER CAPITA 0.00 0.00 0.00 0.00 CULTURE, RECREATION AND PARKS 32,402 30,628 37,865 38,967 PERCENT CHANGE -5.46 23.63 2.91 20.26 AS A PERCENT OF CURRENT EXPENDITURES 2.19 1.91, 2.1.3 2.23 PER CAPITA 4.75 4.49 5.55 5.55 URBAN REDEVELOPMENT 6 HOUSING 58,030 1,720 0 0 PERCENT CHANGE -97.03 -99.99 -99.99 AS A PERCENT OF CURRENT EXPENDITURES 3.91 0.11 0.00 0.00 PER CAPITA 8.51 0.25 0.00 0.00 ALL OTHER EXPENDITURES 173,566 172,946 191,860 205,351 PERCENT CHANGE -0.35 10.94 7.03 18.31 AS A PERCENT OF CURRENT EXPENDITURES 11.71 10.77 10.78 11.77 PER CAPITA 25.45 25.36 28.13 29.25 TOTAL CURRENT EXPENDITURES PER CAPITA 8 217.37 8 235.43 8 :60.95 8 248.52 8 222.10 REVENUE/EXPENDITURE COMPAF.-SONS C:TY OF: CRONO 11. INDICATOR: CHANGE IN TOTAL REVENUES (Sace as :nd:cator 6) 1982 '983 TC:A: RFVFK ES ALL GOVERNMEN:AL FUSS 2,467,636 2,7.:,311 CHANGE 3 DOLLARS 233,675 PERCEN: CHANV'F 9.47 :OTA:. REVEL... ?EF .AP::A 36:.81 396.C9 12. INDICATOR: CHANGE IN EXPENDITUREF :ye: 4 YEAR. %A27 PERCEN: r,E.:AN 1984 :985 C9ANIF PE3 CAT:':A 2,569,6C8 3,57'.,894 -13:,703 1,002,286 -4.87 39.^.: 44.75 376.78 S08.82 427.22 1985 4 YEAR CLASS PE.RCEb: MED:AV i :982 1983 1984 1985 CHANGE PE3 CA?::A CURRENT. EXPEND:7.''RES 1,482,448 1,605,663 1,779,653 1,744,612 CHANGE :N DOLLARS 123,2:5 173,990 -?;,04: PERCEN: CHANGE 6.31 :O.81 -1.96 17.66 CURRENT EX?END:T;fRES PER CAPITA 2:7.37 235.43 260.95 248.52 222.10 TO:AL EXPEND:TUBES - 2,064,278 2,184,972 2,257,075 2,94:,542 CHANGE :N DOLLARS :2C,694 72,10 684,467 PERCENT CHANGE 5.85 MC 3C.33 42.5C TO:AL EXPENDMIRES PER CAPITA 302.68 320.38 33C.95 4.9.C2 419.02 EXCESS OF REVENUES OVER/ -UNDER EXPENDITURES :982 1983 '984 1985 ACTUAL AMOUNT, OVER/ -UNDER 403,3S8 516,339 312,533 630,352 NOTE: 6 Total revenues excludes borrosing and transfers in from tho goverrten W and enterprise funds. Total expenditures include capital outlay and interest payments on debt, but exclude transfers to the governmental and enterprise funds. Beginning in 1985, total expenditures include tho principal payments on general obligation debt. -b- REVENUE/EXPENDITURE. COMPARISONS CITY OF: ORONO 13. INDICATOR: BUDGET TO ACTUAL REVENUES 1982 1983 1984 1985 GENERAL FUND: BUDGETED REVENUES 1,498,941 1,602,184 1,772,323 1,876,193 ACTUAL REVENUES 1,647,231 1,864,019 2,061,930 2,129,764 ACTUAL AMOUNT OVER/ -UNDER 148,290 261,E35 289,607 253,571 PERCENT OVER/ -UNDER 9.89 16.34 16.34 13.52 SPECIAL REVENUE FUNDS: BUDGETED REVENUES 0 33,042 42,000 64,595 ACTUAL REVENUES 135,926 66,255 96,431 68,347 ACTUAL AMOUNT OVER/ -UNDER 135,926 33,213 54,431 3,752 PERCENT OVER/ -UNDER .... 100.52 129.60 5.81 14. INDICATOR: BUDGET TO ACTUAL EXPENI.,TTURES 1982 1983 1984 _ 1985 GENERAL FUND: BUDGETED EXPENDITURES 1,532,987 1,611,752 1,758,014 1,853,525 ACTUAL EXPENDITURES 1,406,209 1,632,011 1,786,613 1,781,311 ACTUAL AMOUNT -OVER/UNDER 126,778 -20,259 -28,599 72,214 PERCENT -OVER/GNDER 8.27 -1.25 -1.62 3.90 SPECIAL REVENUE FUNDS: BUDGETED EXPENDITURES 0 15,000 35,812 55,605 ACTUAL EXPENDITURES 66,516 49,188 97,836 70,656 ACTUAL AMOUNT -OVER/UNDER -66,516 -34,188 -62,024 -15,051 PERCENT -OVER/UNDER .... -227.91 -173.18 -27.06 -7- FUTURE SOLVENCY CITY OF: ORON'O 15. INDICATOR: TREND IN OUTSTANDING INDEBTEDNESS 4 YEAR 1965 PERCL%:' CJISS 1982 198? _ 1984 _ 1985 C-ANC !E':AS GENERAL OBLIGATION AND G. 0. REVENUE BONDED INDEBTEDNESS 210,00" 0 145,C00 110,C00 PER CAP:TA 3C.79 C.CC 2:.26 15.0 213.77 AS A PERCEN" OF TAXABLE VAL3TION 0.26 ... 0.15 0.11 -47.61. 4.18 SPEC:A? ASSESSMENT BONDED :FDFSTEDNESS 3,485,O;tC 3,150,000 2,785,00G 3,280,000 PER CAP:7A 511.00 461.68 408.36 467.24 314.34 AS A PER:EF'. OF TAXABLE VA:.*37:05 4.17 3.49 2.93 3.2- -5.87 6.39 16. INDICATOR: TREND IN CURRENT LIABILITIES 4 YEAR 1965 PERCEN- CLASS 1982 1983 1984 :965 CHANGE r-::AS CURREN': LIABILITIES •• 701,168 780,585 717,459 627,572 CHANGE IN DOLLARS 79,4:7 -33,126 62,1:3 PERCEN" CHANCE 11.33 -4.23 '2.72 18.C3 CURRENT L:AB::.IT:ES AS A PERCEN" OF CURRENT REVENUES 28.4: 23.90 29.C9 2?. J 25.84 17. INDICATOR: TREND IN FUNDING CAPITAL PROJECTS 4 TEAR PERCEN" 19A2 :953 1984 1985 CANGE CAPI'"AL OU".'LAT A:.:, GOVERN! N7AL FUNDS 36:,56: 357,623 267,976 975,895 CHANCE IN DOLLARS -3,938 -89,647 7C7,9:9 PERCEN" CHANCE -1.08 -25.06 264.:7 :69.9. PER CAP:7A 53.C: 52.44 39.29 139.C2 DESIGNATED RESERVE IN GOVERN"EN"A;, FC!i:',S FOR EOU:PMENT, CONS'RUCT:OF AND LANj 9,023 76,394 64,773 225,415 CHANGE IN DOLLARS 67,371 -1:,621 160,64" PERCEN".' CHANGE 746JI -15.211, 248.01 2,396.:' NOTE: • BNinn.ng :n :984. inc:udes tax increment bonded indebtedness (general oblisat:on or.:y) •• Current liabilities, year end, include outstanding principal of rhort-term de't current portion of :ocg-te:m debt, accorc;s pajab:e and other current ::a5:l:t:e� (d.e within one yea:'. .8 MANAGEMENT PRACTICE =Y 'IF: CRONC 18. INDICATOR: CHANGE IN GENERAL FUND BALANCE (UNDESIGNATED,UNRESERVED) 4 YEAR !985 PERT: N^ CLA _ 1962 1983 1984 1985 _ CHAN^E YEAR ENS GENERA:, FUND BALANCE 1,432,195 1,694,C33 1.,929,185 2,215,606 CHANGE :1 DOLLARS 26.,838 235,:52 286,421 PERCEF7 CHANGE 16.28 13.85 14.85 54.70 PERCENT OF "1RRE�" r1II- I U?ES 96.6: 105.50 108.40 ;27.00 34.95 19. INDICATOR: CHANGE IN EARNINGS ON INVESTMENTS 4 YEAR .953 PERCENT CLASS 1982, 1933 1984 1995 CHASTE !!E':A% :N:EiES' :NCC!E 370,02 3:2,21: 388,373 363,729 CHAKE IN DOLLARS -58 W 76,162 -4,644 PERCENT: CE.AN:F -15.77 24.39 -i.:9 3.52 PER^EN: Cr '01! SOCK^E' REVENGES CO":NG FRG!! iKERES". IN:0!!E 23.3C :4.27 18.42 12.79 /2.74 NO:E: • 'Orn So.rce' :nc:ude_e a:: reven;:es except :ntergovernser.tal revences. 20. INDICATOR: TREND IN CURRENT DEBT SERVICE COSTS +• 4 YEAR 1985 P£RCErr CLASS 1982 :983 1984 1985 CHASTE NQ:AS DEB: SERVICE PAY".ENTS 630,269 586,686 609,446 626,C3S CRANG� I9 DOLLARS -43,583 2 " 760 16,589 PEKEN: CHANGE -6.9C 3.88 2.72 -C.66 DEB! SERVICE AS A PERCEN: OF CURRENT REVEN'ES 25.54 2.72 23.72 :7.53 2:.63 WE: •• Debt service paysents includes principal and :nterrst paycents on bonded debt, noes, :oans, installsent purchase contracts and other :ong-tern debt and interest pay:ents on short-ters dent. 9- MANAGEMENT PRACTICES CITY OF: ORONO 21. INDICATOR: TREND IN GOVERNMENTAL FUND F'?LOYEES COMPARED TO POPULATION (As reported by city) 1982 1983 1984 1985 FULL-TIME EMPLOYEES 33 31 31 31 EMPLOYEES PER 1,000 POPULATION 4.84 4.55 4.55 4.42 PART-TIME EMPLOYEES 3 3 10 3 EMPLOYEES PER 1,000 POPULATION U.44 C.44 1.47 0.43 22. INDICATOR: TREND IN COMPENSATION AND PLOYER PAID FRINGE BENEFITS (As reported by city) 4 YEAR PERCENT 1982 1983 1984 1985 CHANGE TOTAL PAYROLL 721,721 703,000 859,803 1,075,683 CHANGE IN DOLLARS -18,72' 156,603 215,880 PERCENT CHANGE ?.! 22.30 25.11 49.04 EMPLOYER PAID FRINGE BENEFITS 134,506 239,177 263,537 271,671 FRINGE BENEFITS AS A PERCENT OF PAYROLL 18.64 34.02 30.65 25.26 23. INDICATOR: PROFIT OR -LOSS IN ENTERPRISES 1982 - 1983 - 1984 1985 GOLF BOURSE - OPERATING REVENUES 76,071 74,044 78,204 82,807 OPERATING EXPENSES 65,295 69,265 76,497 76,456 OPERATING INCOME 10,77( 4,779 1,707 6,351 NET INCOME 10,776 6,753 4,049 9,264 LIQUOR STORE OPERATING REVENUES 437,528 444,510 419,509 431,987 OPERATING EXPENSES 411,051 427,027 414,144 443,419 OPERATING INCOME 26,477 17,483 5,365 -11,432 NET INCOME 32,961 21,203 91118 -8,594 SEWER OPERATING REVENUES .,879 337,733 313,808 318,182 OPERATING EXPENSES 278,755 382,548 419,298 404,722 OPERATING INCOME -16,876 -44,815 -105,490 -86,540 NET INCOME 16,080 8,298 -53,566 -35,908 1965 CLASS MEDIAN 3.97 5.50 1985 CLASS MEDIAN 20.90 .10- MANAGEMENT PRACTICES CITY OF: ORCNO 23. INDICATOR: PROFIT OR -LOSS IN ENTERPRISES (Continued) WATER 1982 1983 1984 1985 OPERATING REVENUES 101,825 105,744 131,022 138,174 OPERATING EXPENSES 101,738 132,807 146,268 153,65B OPERATING INCOME 87-27,063 -15,246 -15,484 NET INCOME -487-29,478 -17,972 -16,687 10- MANAGEMENT PRACTICES 24. INDICATOR: TREND IN PROPERTY TAX COLLECTION RATE PERCENT CO:,IECHD OF CURREN" YEAR LEVY 94.:5 9",2,; 9:.75 47 1 25. INDICATOR: BOND RATING RATING FIRM MCM'S S'ANDARD AS: POOR'S :98: '983 :984 1985 A: A: A: Aa 1 26. INDICATOR: OPINION ON FINANCIAL STATEMENTS :962 1983 1984 _ :985 AUXTOR'S OP3"'ON OUA :I:E QUALIFIED UNO'A:.:FIED CNOIOA:.:F:ED GFOA CER::F:CATE OF ACNIEVECENT 1 27. INDICATOR: BASIS OF ACCOUNTING '9 2 1983 '984 :985 ACCC'37:`G EAC:� `::. A^.0'A: NOD. ACCR:'.,:. !ROD. ACCRUA: ROD. ACCKA� 103186.3 TO: Mayor and City Council �J FROM: MarK Bernhardson, City Administrator,lY' DATE: October 31, 1986 SUBJECT: Highway 12 Meeting, THURSDAY, NOVEMBER 20, 198'6' ATTACHMENTS: A. Sewer Capacity Information/Preliminary B. Initial Sewer Assessiment Area C. Sewer Units Per Alternative-avelopment D. Steve Lisle, Jr. Letter Dated 10/30/86 ISSUE - The presentation of information for Council consideration at the above scheduled Highway 12 study meeting. DISCUSSION - In an eft rt to get all parties of the Council present at the meeting the date has been changed to November 20, 1986. At that meeting the attached agenda will be reviewed. Included will be discussion of sewer availability which is summarized in the chart -ind diagram attached. As you will note the availability of sewer and various portions of the existing pipe ranges from under 60 to over 600. To increase to the range of 2-300 as would be required with the schemes proposed by the planner would at a minimum necessitate negotiation with the City of Long Lake and Medina. To increase development further would actually require alteration of existing pipe size for a portion of 800 feet of pipe "C" and a portion of "E" down by the Long Lake plant in the range of 2-300 feet. Attachment B represents a letter received by the C .y which is included, if each of the Council members have not r- ved it. REC_O_MM_E_NDA_T_IO_N_ - That the Council review the information and address any questions regarding it to staff. PROPOSED MOTION - [Moved by -_, seconded by _ , to accept staff's information regarding the meeting date and pertinent information on Highway 12. Ayes __, Nays _ 1 PRELIMINARY 11/7/86 Possible Assigned Not Used AVG. TOTAL Flow Equivalent (Expected to Unassigned Size Design (Hydraulic Units Units Used (9/86) be used) (Avg -Peak) Size Flow Grade Line) Design/Possible Orono LL Medina Orono LL Medina TOTAL Design/Potential ------------------------------------------------------------------------------------------------------------------------------------------- Pipe A 4' Forcemain Current Pump Chane 0 0 82 0 0 0 82 1507 15 used Pipe B 8' cavity 350 gpm 370 100 0 82 114 0 0 299 72 186 1. Along B 1-4 (50-200) Pipe C 8'Gravity 350 gpm 500 gpm 550 102 91-171 82 114 (max 589 75-216 291) Pipe D 10" Gravity 500 gpm 900 gpm 550 990 102 160-300 82 114 (max 30-160/450-600 1. At C-D 291) 2. At D-E Pipe E 15• gravity 1100 gpm 1100 gpm 13007 102 (max 0-500 200-7C0 1. D-E 29 Holding 900) 2. Watertown Line 3. At E 1500 Lift Station -Long Lake . • ... • • / br��taw � ���� QA+�c C N.a� . `- � � •� — - � •� . � �� � � � � l 1 .` � 1 • 1 � •� • �� 1 �--.. • � � � r • � 1 �� • • • r �,.� � •�� 1 ''t — ' � � L0�1 �. 1.41G� D � � � — � � � . Tr,� INS►cr'�T� anti � Q'�c�w - Lo�c l,�v� - �\TA�NF {aGl►Jz .'.RS+�N14Tr1 ____ - 10186. 1 S Assessed Project Area Property Original Present 1967 Prelim Dick's Memo P.I.D. Owner Owner Water 6 Sewer) Description Assessment Orig Exist_ 116/Reallocation 1-�-4 Orono Orono 37,346 x 11.22 34 d, Schools Schools 9,366 x 5,325 x x 5. 33-118-23 13 0001 WSI WSI 15,219 x x 6.8 50 15 6. Day VEDA 4,345 x 5 See #11 7. Wilheim Wagner 2,144 x 2 1 d 3. Eisinger Fazendin/ 44,146 x x 3 0 37 Gagne Property 10. C. Holter VEDA 3,770 x x 2 See #11 A. Holter VanDale 3,270 lla. Schmittz VanDale 2,873 x x 3 15 60 llb. Buschban VanDale 10,338 x x (+7 from (VanDale) 13, 6 s 7) 9. Bukoc WSI 4,727 x x 1 See WSI 2. Thies Thies 9,426 x x 2(1) Church (0) 4 36.02 100 116 • g e :• • •• I • n, • • tudlow ejwb ti-?44. j RAAU 1 {a.1(b LAM C � �� iUA ED A I: wiloa Piwo � tar► 4�+K.L � �� � •s ' • r-OOF_ i _ C3• .. � ►1A+�tE>D &— wzoz ( N x-s a 9 - w,u.ow 3 ,)%-) so. Go gay So RfBL'� C L� �'� (ate 2F��r Irx, �a3o Iy + an l� J 14 t 31 Jb"k q J ly + 39 y��( Lt Iyt31 l o4-om-Y�D - Z- ,,�7COUAM a,� C '�5imlt F�"iI YV(Al - pt� , ! . cam• � ot- ,a-r Uk v-" z Z,v� jlt14 �41fj &ww(n/off. Ofilw U11-7to'-2 h�gle G441�l z57 +7W I�ew VIA. 144 LAM. ctl1 . Z,qc?1 ,o mo F. -trW f //0 - 1q2 U44 - ��tw hie wi I I Gll-� Q -MCI 0 zoom '�--/ F IS*-'-t�tvwt- ClS.S `�i Ac-rr�� 0�.oAZ. 5 . 7. t-704z- �6 C 44. O c 1. 11586.4 4 TO: Mayer and City Council FROM: Mark Bernhardson, City Administrator DATE: November 5, 1986 SUBJECT: Lyle Oman - Salary Increase ISSUE - Approval of a raise for Lyle Oman, Building Inspector effective September 4, 1986. DISCUSSION - Mr. Oman was hired by the City of Orono in 1984 on a program through his worker's comp carrier. Under the arrangement we would be guaranteed by worker's comp carrier $21,000 per year and the City would pay him a certain amount which started off at $14,820 per year. During this period of time Mr. Oman has been going to school and getting, his certification as a building inspector. Given the nature of the salary guarantee every timt that the City raised it's salary for Mr. Oman he got a reduction from worker's comp carrier so effectively he has had no increase since he started with the City. This has had a further impact as any overtime worked by him just reduced the guarantee from the worker's comp carrier. Mr. Oman has been doing an outstanding job for the City and ;,as allowed the City to make considerably more money in it's building inspection fees than %., t it has cost the City. Mr. Oman did receive his certificatic,:( as a building inspector on September 4, 1986. It is recommended that Mr. Oman's salary for 1986 be increased from the rate of $8.19 per hour to $10.721 per hour. This places him at an annual rate of $22,300 per year. At this rate he is still below the rate he would receive based on both the internal equity for comparable worth purposes and based on the market for this position. Based on Mr. Oman's experience, training and certification the public is now r9ceiving a better level of building inspection from the City than in the past and because of his level of expertise has allowed the City to enter into the cooperative agreeiaent with Wayzata. Additionally his expertise and experience has allowed us to reduce the amount we use to pay out to Metro West for bacx up inspection services of up to $6,500. RECOMMENDATION - It is recommended that Mr. Or-in's rate be 1ncreasecT from $8.19 per hour to $10.721 per hour, annual increase of approximately $5,250 commencing September 4, 1986 the (late of his certification and that the appropriate adjustment be made for his 1987 pay rate. PROPOSED MOTION - Moved by , seconded by , that the Council approve the salary increase for Mr. Lyle Oman to the amount of $10.721 per hour retroactive to September 4, 1986 and that the appropriate adjustment be done to the budget for 1967. Ayes Nays 11586.5 TO: Hayor and City Council FROM: -ark Bernhardson, City Administratorw[t1 DATE: November 5, 1986 SUBJECT: Northwest Area Lions Donation i 9 t0i 1 ISS_U_E_ - Does the City choose to accept the charitable contribution in the amount of $1,000 from the Northwest Lions primarily for the purposes of beautification of the community. DISCUSSION - On October 22, 1986 the City was given a check by Mr. Steve Cooper of the Northwest Lions Club in the amount of $1,000. This donation is made without any specific direction for expenditure of funds. It is their desire however, that it be expended in the area of beautification as that was the purpose they raised money. It is also requested that it be directed in the area of Orono in which the Northwest group draws membership. This matter is currently under study by the City's Park Commission and it is staff's present recommendation that the money be used for beautification and improvement of the park site adjacent to the water tower on Blaine Avenue in the Navarre area. RECOMMENDATION - That the Council formally refer this matter to the Park Commission for further study and recommendation as to the appropriate expenditure of this donation. It is further recommended that staff send a letter of appreciation acknowledging the monies once a decision as :o expenditure has been made. PROPOSED MOTION - Moved by _ , seconded by , to accept the generous donation of $1,000 from the Northwest Lions, the stated intent of which is for beautification in the community. It is further moved that this matter be referred to the Park Commission for a recommendation and that upon action by the Council as to how this man is to be spent, that staff thank the Lions for their genera; )nation. Ayes , Nays _ . ec: John Gerhardson, Putlic works (-o,rdinator Park Commission 103186.7 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator'N Ok DATE: Ocutber 31, 1986 SUBJECT: 1987 Meeting Schedule Approval ISSUE - Adoption of the City's 1987 meeting schedule for Council, Park and Planning Commissions. DISCUSSION - Before commencement of 1.987 it is requested that the schedule be established so that Council, Par,; and Planning Commission members can develop their 1987 personal schedules. The significant change for 1987 is the addition of a second meeting for Planning Commission members in the May through August time frame. This is proposed to be used only when the agendas appear to have numerous items and that staff based on applications received would cancel the second date if not needed. RECOMMENDA_T_I_ON - It is staff's recommendation that the schedule be adopted including the additional meetings for Planning Commi--sion to even out the work load for both Planning Commission and stair. PROPOSED MOTION - Moved by `, seconded by _ , City Council of the City of Orono adopted the a`tached schedule for 1987 meetings. Ayes ,, Nays _ JANUARY S M T W T F S i� 2 3 4 5/61 7 8 9 10 11 12l 13 14 15 16 17 18. 20 21 22 23 24 25 C26 27 28 29 30 31 APRIL S M T W T F S 1 2 3 4 5 6 / , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 1 r27 28 29 30 JULY S M T W T F S 1 2 4 5 0/'-)� 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26127/28 29 30 31 OCTOBER S M T W T F S 1 2 3 4 5 , 7 8 9 10 11 R 13 14 15 16 17 18 )20 21 22 23 24 25/2-6/27 28 29 30 31 FEBRUARY S M T W T F S 1 2 l3\ 4 5 6 7 8 L9] 10 11 12 13 14 15/1-66,1718192021' 22 23 24 25 26 27 28i MAY S M T W T F S 1 2 3 (4)/ 5\ 6 7 8 9 10 j12 13 14 15 16 17�19 20 21 2- 23 ::4 ; 26127 28 29 30 AUGUST S M T W F S 1 2 &L3 5 6 7 8 9110 11 12 13 14 15 16 17 1819 20 21 22 23124 25 26 27 28 29 30 31 NOVEMBER S M T W T F S 1 2 , 4 5 6 7 8 E(10 X 12 13 14 15 16 17 18 19 20 21 22 23124 2-9 28 29 30 MARCH S M T W T F S 1 2 /3� 4 5 6 7 8 LU10 11 12 13 14 15 )17 18 19 20 21 22 )23�24 25 26 27 28 29 30 31 JUNE S M T W T F S 3 4 5 6 7 87 9 10 11 12 13 14 15 '16 17 18 19 20 21 r2�23 24 25 26 27 28 29 30 SEPTEMBER S M T W T F S l� 2 3 4 5 6 9 12 13 "1-4 '15 16 17 18 i 9 20I21122 23 24 25 26 27 28,'29 30 DECEMBER S M T�� W T F S Zt 2 3 4 5 6 7 8 9 10 11 12 13 14115 16 17 18 19 200122 23 24,0426 27 28; 29 30 31 1987 MEETING SCHEDULE x Holidays LCouncil Meetings OPlanning Commission. A Park Commission 11586.7 TO: Mayor and City Council i. FROM: Mark Bernhardson, City AdRiinistrator�l, _. DATE: November 5, 1986 SUBJECT: Hennepin Park - Lake Minnetonka Involvement Attachment: A.) Hennepin County Parks letter dated 10/29/86 ISSUE - Begin Council discussion to identify issues related to Hennepin Parks becoming the proposed "Regional Entity" on Lake Minnetonka. DISCUSSION - In Attachment A Hennepin Parks set out 6 dates for discussion in the month of November -�q to the role Hennepin Parks may take, alternatives they may ha,` and what people think of about those alternatives regarding their presence on Lake Minnetonka. As outlined they are basing this on the recommendations of the Metropolitan Council Task Force Report. As you will note they have several meetings over the next 4 months that they will be discussing these issues directly with Lake Minnetonka Conservation District. As you will note this addresses not only the possibility of a public access in zone 5 of the lake but also discusses existing facilities and possible facilities for Big Island, Wild Goose Chase Island and Wawatasso Island. Please note in their presentation Big Island Veterans Camp is discussed and it outlines possibilities in total they can see for that site. In addition to utilize Big Island they are discussing the possibility of a staging area for that use which may be comprised of either new land or possibly existing marinas. Finally as it relates to Big Island it should be noted that they are indicating the City of Orono's support in acqusition of the Veterans Camp. Initial Issue Areas 1. Additional Access Site on the Lake (Zone 5). a.) Impact on existing congestion b.) Impact on activity level of other accesses 2. Level of Park activity - Big Island. 3. Location and size of a "Staging Area" to serve as access to islands. 4. Control of Hennepin Parks Lake Minnetonka activity by LMCD/individual cities. 5. Intent it Deering Island becomes available. 6. In line with proposed strategic planning short term objective #8 determine level of cooperation with LMCD, other .:ommunities and/or Hennepin Parks in their proposal. 7. Whether Hennepin Parks will eliminate DNR's presence on the lake as it relates to access. RECO14MENDATION - It is my intent to attend the Wayzata meeting on Tuesday, November 25, 1986, therefore it is appropriate that this be discussed at the November 10th meeting and at that meeting or the meeting of the 24th the Council take at least an initial position as to concerns they may ha%-(� regarding Hennepin Parks proposed presence on the lake. PROPOSED MOTION - Moved by _, seconded by _, accept the information from Hennepin Parks and and concerns they may have relating to the Parks __, Nays __. cc: JoEllen Hurr that the Council identify issues presence. Ayes 2 HENNEPIN PARKS Suburban Hennepin Regional Park District 17811, l?"od 9 Pl,mu�•i• MN SSda: ie!ephc. ns. l�l Ii 559 9iJQ0 Board of Commissioners Do,d lutvaahu Shirley Bonne Judah S. Anderson William H. Boynton l , °t'• Nicholas Eolofl • -hi,.• •da,P GeorgeB Hickey Neil Weber . Vern J Horterburg October 29, 1986 Mayor Mary Butler 3145 Casco Circle Wayzata, MN 55391 Dear Mayor Butler: Recently we wrote to you regarding Hennepin Parks involvement in trying to help resolve the longstanding problem related to public access to Lake Minnentonka. Specifically, Hennepin Parks has been asked to prepare a "Master Plan for a Regional Park Entity" on the lake. Enclosed is another copy of the background information regarding the planning process we intend to follow in this effort. As you may know, the first step in this process was a tour of Lake Minnetonka, which was held on Saturday, September 20. Approximately forty persons attended this tour and gained an overview of the issues related to the potential of a regional park entity on the Lake. The next step is for Hennepin Parks to offer opportunity for public input and, to this end, the following public meetings have been established dur`ng November (All meetings begin at 7 p.m.): Wednesday Mound Westonka Commuttty Center Nov. 5 5600 Lynwood Boulevard, Mound Wednesday, Edina Edina City Council Chambers Nov. 12 4801 W. 50th St., Edina Tuesday, Excelsior Excelsior City Hall Nov. 18 339 Third St., Excelsior Wednesday, Minnetrista Minnetrista City Hall Nov. 19 7701 County Rd. 110 West, Schedule Continued - 2 - Tuesday, Wayzata Nov. 25 Wednesday, Maple Grove Nov. 26 Wayzata City Council Chambers 600 Rice St. East, Wayzata Maple Grove City Hall 9401 Fernbrook Lane, Maple Grove Hennepin Parks would value your involvement in this important regional park planning process. If you have questions, or should desire further information, please contact me or Marty Jessen, Associate Superintendent, at 559-9000. Your help in getting the word out in your community would be appreciated. Sincerely, ram., / ,, David Latvaaho Chairman of the Board of Commissioners DL:na Attachment HENNEPIN IVA Background Information Regarding Process For Planning A Regional Park Entity On Lake Minnetonka PROCESS FOR PLANNING A REGIONAL PARK ENTITY ON LAKE MINNETONKA BACKGROUND INFORMATIQN Hennepin Parks has been asked to participate in the planning for regional park facilities on Lake Minnetonka, particularly as they relate to increased public access in Zone 5 of Lake Minnetonka (see attached map from Lake Minnetonka Task Force Report) as designated by the Lake Minnetonka Task Force Report of 1983. The Lake Minnetonka Task Force appointed by the Metropolitan Council in 1985, in its recommendations concerning intergovernmental coordination, Item c, Page 11, recommended that: "A principal recommendation is thwt a regional recreation open space implementing agency, Mr 'ogically the Suburban Hennepin Regional Park District (SHRPD), show irepare a master plan and acquire, develop and operate a regional recreation open space entity on the lake. The facility should be consistent with applicable plans and should incorporate existing regional properties, other new parcels in the lake and on the lakeshore which may be necessary for its function as a significant regional recreation facility. The facility should provide the following regional functions, among others: staging areas for f.rry or other access to islands in the regional park, shoreline access and docks for fishing, areas for viewing the lake and shoreline, parking and sanitary facilities, and boat rentals. Appropriate launch facilities for small craft and fishing boats should be included, especially in zones 3 and 5. The plan should be prepared by the implementing agency, reviewed L.y LMCD and DNR and approved by the Metropolitan Parks and Open Space Commission and Metropolitan Council. In the event that SHRPD is unable or unwilling to implement the proposed new regional facility, LMCD should be requested to carry out the task as a regional implementing agency. In the latter event, modification of LMCD's legislative authority may be required." Among the reasons for Hennepin Parks being asked to participate in this process is the Park District's existing presence on Lake Minnetonka. The District owns four par(21s on Lake Minnetonka, including Noerenberg Memorial County Park, Wawatasso Island, Wild Goose Chase Island and a portion of Big Island. (An inve•itory and summary of these properties follows.) Hennepin Parks desires to acquire the Big Island Veterans Camp (58 acres), which is currently owned by the Big Island Veterans Camp Board of Governors, who are analyzing the possibility of reconstructing the camp for veterans' use. Acquisition of the camp for park purposes is supported by the City of Orono and is included in the Park District's acquisition plan. The Minnesota State Legislature, in 1983, designated all publicly owned land on Big Island as a Regional Park. -2- Big Island (Lake Minnetonka Task Force Zone 3) A. Current ownership - 63.45 B. Acquisition consideration (Big Island Veterans Camp and miscellaneous parcels C. Existing Facility - Arthur D. Possible Future Facilities acres - 77.31 acres - 58.0 acres - 19.31 acres) Allen Wildlife Sanctuary and/or Activities Boat dock/slips Shore fishing docks Picnicking Swimming Hiking/nature trails Contact station (information and interpretation) Overnight group camping Maintenance/storage building Resident caretaker residence Water Restroom Trash collection E. Consideration should be given for winter use 2. Wild Goose Chase Island (Lake Minnetonka Task Force Zone 4.) A. Current ownership - 2.50 acres (represents total size of island) B. Existing Facilities • Restrooms (vault type) Trash collection 3. wawatasso Island (Lake Minnetonka Task Force Zone 5.) A. Current ownership 34.45 acres (represents total size of island) B. A deed restriction states that "Wawatossa Island shall continue it perpetuity to be a natural wildlife and wilderness area which shall be used for temporary outing and overnight camping purposes, in a manner consistent wtih the preservation of said island in a natural condition." C. Possible Facilities and/or Activities Tent camping Hiking trails Restrooms (vault type) Water • Trash Collection Access to the islands, particularly Big Island, by non -boaters is needed. A staging area where those who don't own boats may park their cars and utilize a shuttle boat. Consideration for such a staging area would include: A. Acquisition consideration - 3.0 acres minimum B. In lieu of land acquisition and capital facility development by Hennepin Parks, consider contracting with a private sour-e, i.e., private marina, etc. C. Consideration should be given to the boat shuttle; i.e., private source or Hennepin Parks owned and operated. -3- D. Possible Facilities -Entry control •Restroom -Parking (200-250 cars) -Boat dock -Water -Trash collection Hennepin Parks will be identifying alternatives for a staging areas(s) in the east portion of Lake Minnetonka. This analysis will include identification of potential sites to acquire and/or lease of parking space. The investigation of contracting with a private charter boat(s) for shuttle service to Big Island, as well as self -operation of a shuttle service by Hennepin Parks, will be pursued. THE PRIMARY ISSUE AT HAND Two major questions exist related to the planning of a regional park entity on Lake Minnetonka. They are: 1. What is the attitude of the public, Lake Minnetonka Communities, Lake Minnetonka Conservation District, the Metropolitan Council, and others towards the establishment of a regional park entity on Lake Minnetonka? 2. What is the site potential for a regional park entity on Lake Minnetonka? The Metropolitan Council Task Force on Lake Minnetonka recommended the preparation of a plan for a "regional park entity" on the Lake. Specifically, the Task Force recommends increased access in Zone 5 of Lake Minnetonka to accommodate at. approximate total of 100 boats with car/trailer parking (primarily fishing craft access is needed). Possible solutions include accommodating additional parking at existing accesses within Zone 5. The Williams Street access, a site in Mound or the Howard's Point Marina might be possibilities. On the other hand, if all 100 were to occur in one a -,ass location, a minimum of ten acres is needed. Included would be a bo, ramp, parking, circulation roads, a gatehouse for control, and sanitary facilities. This alternative would meet the minimum req!-irements of the Lake Minnetonka Task Force report. Lake Minnetonka Conservation District has ;ndicated support for a 40-acre "regional park" in Zone 5. This would accommodate the 100 car/trailer capacity access described above plus other limited recreational activity including boat rental and picnicking. In identifying potential sites to provide the access capacity, four contiguous parcels in the Halsted/Smithtown Bay area have been identified, totaling 380 acres. This land provides the opportunity for acquisition and development of a "major" regional park on Lake Minnetonka. In addition to meeting the access capacity needs, such a facility would also provide for a wide range of recreational opportunities including picnicking, swimming, play areas, trails, etc. A minimum of 100 acres should be considered for such a facility with the possibility of utilizing the entire 380 acres. Large areas of natural open space to buffer adjoining properties and to provide an excellent setting for the outdoor recreational activities listed would also he available. -4- Consideration for a major regional park could include: (1) Acquisition consideration - 382.26*- acres (Hagen & Mason - 220i acres; Edgar Ward Blanch, Jr. - 90.26 acres; Vern Gagne - 54 acres; and A. & J. Brachmeier - 18 acres) (2) Possible facilities and/or activities Boat launch with do :k (Halsteds & Smithtown Bay) Shore fishing docks Boat rental Picnicking Swimming Bike/hike trails Entry control Maintenance storage building Outdoor recreation center building Ski touring Ice skating Parking Parking Restroomns Water Trash collection In addition to the possibilities just outlined there may be other opportunities for which there may be community support. Six -Mile Creek is one possibility, a Lake Minnetonka Historical Cultural Center is another -- to name just two. The planning process should identify additional possibilities, determine the degree of community support, and their feasibility. �PIrL'lly Based on the land/property available, there appears to be potential for a major regional park on Lake Minnetonka. Hennepin Parks seeks input from LMCD, the City of Minnetrista and other coummunities, neighborhood and user groups and others about their attitude tcwards regional park facilities on the L. a with the objective of determining the need for additional access and what size area and what range of facilities and opportunities ities should be provided. Toward that end, Hennepin Parks proposes the following proces, for planning a regional park entity on Lake Minnetonka: I. A boat and bus tour of the Lake -�rea for Hennepin Parks Board members, LMCD, and others - September 20, 1986, 10:00 a.m., Al & Alma's Supper Club, 5201 Piper Road, Mound. II. A series of meetings held around the Lake to determine the need for a regional park - o Lake Minnetonka Conservation District - September 24, 1986, 7:00 p.m., Tonka Bay City Nall. o Area Legislators o Neighborhood and User Groups o Others III. Review results of these meetings with the Hennepin Parks Board of Commissioners - November IV. Hennepin Parks Board of Commissioners assesses alternatives - December Site analysis Costs Preliminary determination of feasibility -5- V. Discuss .lternatives with Lake Minnetonka Conservation District - Januar VI. Discussion with Metropolitan Council and Parks and Open Space Commission and Department of Natural Resources - January VII. _nnepin Parks prepares report as to the feasibility of a regional park. - February VIII. Report to Lake Minnetonka Conservatioo District - February Through this process, alternative ideas for providing public access will be identified and thoroughly analyzed for their potential. The outcome of this analysis will be a report to LMCD as to the feasibility S , regional park entity on Lake Minnetonka. The range of possibilities 'i ..es: 1. No new site acquisition (but expanding access capacity at existing locations). 2. A 10-acre boat access site. 3. A 40-acre regional park with limited additional recreation facilities. 4. A major regional park of from 100-380 acres including a wide array of recreation f A lities and natural open space area. The report will be made by Hennepin Parks to LMCD as it is the lead agency for planning/coordination on Lake nnetonka. The outcome of this process will t-an be submitted to the Metropolitan Council for review and regional park funding ` accomplish its implementation. 0469A TO: FROM: INTEROFFICE MEMQ DATE: November 6, 1986 TO: Mark Bernhardson FROM: Mel Kilbo SUBJECT: Resignation - Officer T. Kunkel Officer T. Kunkel, who was employed on Oct. 20, 1986, resigned from the department effective 11-4-F6. She has accepted a position with the Mankato Police Department effecti 11-17-86. Ms. Kunkel is from Mankato originally and ha r home there. Because of her short tenure, she has no accrued time from vacation or sick leave coming. We were able to return most of her uniform to supplier. Ms. Kunkel did wish to buv her iiforn, shoes, total price $46.75 which should be ded: cc, ' from her final check of $75.98 which is for one day's nav after payroll period. The final pay due her is 529.23. Mayc and City Councii h. ir.. Bernhardson, City Administrator vo Forwarded recommending acceptance. Staff will be req --sting names of .:a.ndidates from the Minnesota Police Recruiting System to •nterview for possible hiring of a replacement. PROPOSED MOTION - Moved by _, seconded by _, to accept the resignation of Trudy Kunkel as an Orono Police Officer. Pyes __, Nays __ VIL1AGL- : ....jNO, ',INNESOTA STATEi IEJT OF RESIGNATION Prepare 3 copies NXIIE OF Ei iPLOYEE (T Depar4ment Statement of Resignation: Salary Rate I by 9 POSITION TITLE Full Time ✓ "Crt Time I request that this resignation be accepted by the Village Council to become effective on f�nv y _ ���� w;iicii is the last day of actual service. —i am �iequesting compensation for personal service to the Village in the above indicated position for accrued annual leave due for days. The reason for this resignation is as follows: Date: loyee's Signa re) , l,G(/'✓dam Recommendation of Department mead: I would ( ) would not ( ) rehire this employee. TAis position may not be refilled until Date: ��z 1 apartment ea Certification of Accrued Leave: Payment for days accrued leave upon employee's terininatiLn on _ - is hereby authorized. Date: - -`age ministratof� 11686.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratjr DATE: November 6, 1986 SUBJECT: Administrator's Information WILLIAM THIES - 530 Hanlon Avenue - Attached please find a co,,.y of a request the City received from the Thies family outlining two issues. One regards a hole in the property at the juncture of their connection with the sewer line. They are alleging that this iE a result of the project and the City's position that this was probably the result of the contractor's hookup to the line. G,-en the small nature of it, the City has chosen to fill in the hole once and from then on it will be the responsibility of the property owner. As far as the second issue the use of the road as a turnoff on 15 a dead end sign has now been placed on tho property. Staff will be following up with a letter outlining this to the property owner. 1290 SPRUCE PLACE - As you will recall this is a piece of tax forfeited property that the City has tried to work on since 1982. In the fall of '85 the City was able to get a releas, "rom both DNR and the County to burn down a delapidated house on a 50 foot lot frontage. Subsequently this has been filled in. Since this is lakeshore property under 51 feet there had to be a release from the DNR piior to the sale. (Had it been over 51 feet it would have required an act of the legislature.) The City is c,irrently in conversation with the Coun� j and will be bringing back a resolution to the Council for action on Novembe 24th. This is a resolution to list the property fcr private sale with two restrictions on it; it must be combined with abutting properties and it is not buildable. Additionally the City will need to recoup any money that it has expended in the demolition of the house and grading work to fill in the basement to make it safe. COUNTRYSIDE DEVELOPMENT - As you may recall back in June of this year Phil Miller representing tho Countryside Homewoners F.ssociation requested that the City Rork to have the developer complete the work on the Second Addition. Given the fact that the houses themselves were in bankruptcy and their status uncertain with the redemption ending in the middle of October, the staff informed the developer in early September that he had until the end of October to complete numerous items of work or the City would then seek to revoke their bond for that work. To date a significant amount of work has been done on the properties with only two significant issues outstandinq. The City at this time is working to see if they can be rectified in an amicable way and if not procerd to revoke the bond. The biggest issue at stake is the amo�ntaasphalt that was laid for the road, which under our standards which was to be 3 inches for this addition. ff Mr. Conry chose to use the standards for the First Addition which was 2 inches. Staff is presently trying to document that he was in fact told that the new standards were 3 prior to Countryside extention being poured. NORTH ARM BRIDGE PROPERTY - As you will recall during the presentation by JoEllen Hurr she raised the issue of County property abutting North Arm bridge that had been placed for sale next to the LaBresh property. Closing date for bids was on Tuesday, October 28, 1986. No bids were received and therefore the property will not be sold at this time. The City will however be working to convince the County that this should not be released for sale. GOALS AND OBJECTIVES - Please see the attached update. �v �o ccsi�. AREA GOAL ARM C-AWJgITY DE'IELOPMEN lighway 12 Corridor Navarre Redevelopment GatL S6'ITING DRAFT 3/28/86 5/30/86 CITY OF OROM 6/30/86 7/31/86 AND 6/31/96 9/39/86 14ARK E. BERPl aON 10/31/86 CITY ADAIINIS1i 7m 5-1-86 70 4-30-87 ODJECVIVFS DiAIIS STAZVS Complete Study 6,15/86 7,16/8b :fleeting to tinalize p_.n direction 7!16,36 Meeting heid - Reque t Sewer/Alternate site plans from Planner 9/3/86 - Planner presented 4 alternative site plans. Cintinue review of sewer capacity 11/20 /86 - Next meeting scheduleu Develop/Adopt work program 7/30/86 to initiate any changes Complete required 12/31/86 implementation Tentative goals/objectives 11/30/86 6/16 me: with Navarre Reps Decided t,: have Cty 15/ Redevelopment Info Meeting in September/October 8/31 awaiting Navarre group response 9/30 little interest for Cty 15/ redevelopment discussion is area. 1/87 Chamber meeting to address issues for kick off. 10/27 Article in Wayzata Weekly GOAL AREA OLUE=1ws DATES Planning Review 1/87 Adopt project direction 3/87 Work on Cty 15 development 7/89 Environmental Protection Stubbs Bay Needs assessment Project Feasibility If Appropriate Project consideration Project bid Commence Project Assess Project Complete Project 5/ 86 6/86 11/86 11/86 4/87 8/87 11/87 STAMIS 9/30 _.wnty 15 work begin 1988 10/8 Cty to request 2 cha:x3es At 11/10 Council meeting Fall/1961 - Final Plans - Bids Spring/1988 - Cc=nence construction 6/30 no progress 8/31 no progress 9/30 weds assessment 55e complete Crystal Bay Complete project 7/86 5/30 Construction recommenced 6/25 Construction completed 7/8 Inspection List Prepared 9/17 Final inspection tour held 10/27 CUP held on Lift Station M;ANIZATIO'RL I);-'VEUJP!4 N; 'Uriagement Team Goal Setting Council Goal Setting O JWrIVFS DATES SPA11S Complete apix als prac:ess 12.%86 7/3 Apprsl ArSitratiun &�gins 7, IS '.xx: iucied Proceedings 8/1� Submit Brief 9/8 Rec:eivvr, "Preliminary ;,wor,," 1987 Work plan/staff 11/86 8/31 reviewing "excellence in Local Government" for format 1986 staff development 10-12/86 Strategic plan review 6-8/86 10/6 Council Strategic Planning 10/27 Presented draft materials for review 11/10 Policy body orientation 1/87 (New members) Legislative Policy Develop 1987 program 10/86 10/27 Presented to Council for review 11/10 AREA GOAL AREA CB,JECrIVES DAM brA7tS SERVICE DELIVERi Business Strat^gy Planning Pw ice 5/86 5/30 draft underway Financial strategy 5/86 5/30 draft underway Golf Course 6/86 5/.S0 draft underway Building anti Zoning 7,,86 Utilities 8/86 Streets 8/86 Facilities Assessment Assessment to Council 4/36 3/86 draft to Council Council direction 6/86 6/30 Continue developing cost, financing and site information - Anticipate to Council 9/17 10/27 Requesting 3 vendors fur space study, etc. HT4AN RESOCRO-S Compensation Develop/Adopt 6/86 6/2 received preliminary Comparable Worth Comparable worth results need to refine. Development of plan delayed to 8/86 8/7 6 8 Artended Camp worm Seminar 9/23 Attended mtg an Comp Worth Development - Market data integration MARKU INv Corporate communi.:ation cc: Department Heads Commence implementation 8/86 City Administrator Report - Paper - Cable TV 6/86 5/86 commenced (3 articles published) 10/30 9 articles submitted 7/30 5 articles submitted 5/86 4/86 commenced (5 scripts done thru Oct.) 11686.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Adminitratorf' DATE: November 6, 1986 SUBJECT: Chapman Easement ATTACHMENT: A.) Letter From Bradley Beisel Dated 11/3/86 SSUE - Does the City Council desire to negotiate on the easement esulting in a settleme;�t prior to the Letendres filing for summary judgement? DISCUSSION - On Thursday, October 30, 1986 Elizabeth Thompson acting in the capacity of Orono's City Attcrney and myself rilet with Ken Chapman; Chapman's real estate agent; Mr. Letendre, the owner of the propery with questionable easement together w.th his real estate agent and attorney. The City took the position that the easement should not exist and that Mr. Chapman and Mr. Letendre should work out a financial arrangement to compensate Mr. Letendre for the extinquishment of the easement. The easement was granted by Mr. Chapman in conjunction with the sale of property the first time, which was one or two owners prior tc Letendre. It is expected that Mr. Chapman received coal tion in the granting of the easement. Mr. Letendre on pure. the property was aware that the docking rights did not go but felt that he still had a valid easement and had a "spi.it. ard" to obtain docking rights through the City and the LMCD. .t is interesting to note the selling price was reduced from $170,000 to $130,000 based on the fact docking rights ' not go with the property. The dock was not attached to easement. The property owners discussed a number of issues a,: proposed a couple of alternatives: - Conversion of the easement to a 99 year lease some consideration for docking at the Chapman's dock. - Al' ing the easement that is on the bottom of the title -o be incorporated into the legal description, but an agreement that there would be no further docking ':han the present three boats on a combined dock with Chapmans thereby eliminating the second dock, The City indicated while its position was that the easement be extinguished it may entertain the easement continuing for a period not to exceed 5 to 10 years and at that point the easement be extinguished. Regarding the docking rights to the extent that it is under three owners tt;e City may have no significant jurisdi.ction as the easement and docking are two separate issues. This is something that would be governed by LMCD ar. staff referred them to LMCD to discuss this it relates to both LMCD's current and pending policies. REC_O_M_MEN_DA_TIO_N - Staff recommends that this L- discussed in executive session with the Council and City Attorney. PROPOSED MOTION - Moved by _, seconded by _, that Council direct City At-orne} and staff to undertake instructions that they have beer. raven by Council re4arding this matter. Ayes , Nays — cc: Eiizabeth Thompson JoEllen Eiurr, LMCD Representative Prar.f%- Mixa, LMCD Director MAR[BCHOLLE THOMAS L..'INNBON BR.ADDLRY N. BBIEEL STBPHEN O. -'.,LR !OP`1 e. CRABTREE, Ill Mr. Thomas J. Barrett Attorney at Law Popham, Haik, et al 4344 IDS Center Minneapolis, MN 55402 d.pw (9M. Df SCHOLLE AND SCHOLLE, Ltd. 1630 PILLEBURY CENTER 100 EOLITH EIETN ETREYT RI' .APOLIB.MINNEEOTA 0640E-1t1a M ls) alb 1+s0 November 3, 1986 Re: Robert T. Letendre, Sr. and Theresa Lot 1, Block 1, Chapman Addition Our File Nc. 4946-86 Dear Mr. Barrett: T,. v� ' AND .CLE DBOa...., NE.. LMEE 612.1 o..L. �10� t I, �-P� This is t,, inform you Mr. Letendre and Ms. Wiebe are willi!g to enter into an P r.' with the City of Orono and "t-rl the Chapmang in which io< ;q rights of the Chapman parcel and the Letendre easement i. ; are forever L God to the dockage which is presently on th ,racels, in exchange for the Lity of Orono withirawing its .wLr to our Proceeding Subsequent and recogniz - the v.,"iliLy of both the easement and the docking rights. r Chaoman has one dock which leads to two boat slip, .rty, while Letendre has one dock containing one nasmuch as the Chapman parcel :Td over 220 feet .rare Lhe property could legally support at least fo•, b^- ...ch. Mr. Chapman Lells me that he would be •-. .. to en L.:a into au, i, _^ .. greement. I urea U. ynu and Cit} c.c13 to Co- scnall, sit the properly it questi;an and to ex&.nine the half mile or so on either sid: of th-- property. You will see that the vxisLing d,,Kage on the Ch.. ..an/Lcte 're o- ^.e] it inconspicuous, well mainLaincl and un- ero..ied. t. the opposit., is the case on both sides of this property. .. As far as the Proceeding Subsequvr.t is concerned, I am in the nT .mess of obtaining "iLa f om Bob Le Lvndre, -'resa Wie.e ii bot realLor. ng Lhat thev had no kn..D.' to wha:a,ever of . 1y claim or ,arported c ]lm of lily L. ' of 9rcnp, yr :,f anyonF Ise of that LwtLer, with respect to the legality of the access easement. I will pse Lhe'•e affidavits to support R Mr. Thomas J. Barrett November 3, 1986 Page Two motion for summary judgment. I look forward to a response .o the above proposal in the next few days. Very truly yours, HOLLE AHDJOLLE, LTdley BNB:kmq cc: Mi Robert Letcndre Mr. Peter Johnson Mr. Kenneth O. Chapman 3i N W i 61936 LIST OF LICENSES FOR COUNCIL APPROVAL f k2fEd gj�j,�o FOR MEETING OF November 10, 1986 Thompson plumbing 12201 Minnetonka Blvd Mtka Discount Flowecs Route 2, Box 221 Cokato, MN 55321 - Septic System Installer - Solicitors Licence Orono Liquor Store - Cigarette Licens C1111'a Y of 0K3N0 ,...1 lu.. u'. e. Crystal II.Y. Mine wail SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION BUILDING e'/.INN we - 473-7357 MSMING All questions must be answered. License fee, bond, Certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendence must accompany this application. All applications are subject to a ten (10) day approval period. i 1. Business or trade name J � 2. Business address 3. Business phone Residence phone — 4. Name of applicant or com any representative holding MPCA certification-f•!V1� I��t;v �J� S. Type of certification held: Installer _ Pumper Site evaluator System designer Is this a Provisional Certificate? Certificate No. 00 8 V4N44ftet� PY /VPs /0 30 6. If no Certifi ate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops hid immediate) prior to the current construction season. 7. 8 J Have you ever held a Sertic System Installer license in Orono before? )brl- Mosc recent year _ _ Have you ever had a license revoked? _N,, When? Where? _ Do you do Municipal Sector hook-ups? Yes No BU}.SMI,TTALS REQUIRED: ✓y' /11. $25.00 license application fee. fie: 9 SS% 7 2Y $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. V 3r $10-50-100,000 minimum Certificate of Insurance. Copy of current MPCA Certificate or evidence of attendance at On -Site Sewage Treatment Workshop held immediately prior to current constrt.-_tion 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 ..ut septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the C'ty of Orono. / ,1 7 Date Applicants Signature Staff recommendation Approval Z Deni-4d _ Date (O 5&-�iky CITY Reason for denial: USE City Council Action D.te _Approved Denie ONLY Date license mailed bicenSe No. C APPI.]CATION FOR SOLICITATION - $20.00 fee Date Reccived -e • Date Expires CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organizati • �IS!'Ot ut'� TLN a_.k CS Phone a�u-S3C9 I Address: ZL tF ,rn7r;� ryin ssDl Representative: SC"x Q Phone Address: Check One: Business Solicitation -4— Contribution Solicitation Number of People Solicitating within the City - �3— Provide list of Names of Solicitors on back of this application. Type of Product to be solicited 0—kt �j.„, x_rc f g-_Ucvv� PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.30 SUED 5(a). ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a siqn with the words "Peddlers and Solicitors Prohibited" or 'Solicitors Prohibited". D. It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, lessee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein provided. -------------------------------------- ----- The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional requirements the City staff may have. Signature of Applicant: V az','rt P� Date: <2K-2` & FOR CITY:'gR ONLY After review of application, staft :ecommends the following: _I)C oval of application Denial of application Signatt t City Official: Date: Signature of Police Chief: �I� 0.,...:� M. K(�, _ Date: /O Z,i PA• NAMES OF SOLICITORS Name: tAkcnn k �' Address Phone: 1(��o �311-�3� 1 License No. Name: to kel Address: n - ve, Phone: iJ-�-10 Rn License No. Name: Address.. Phone: License Name: I I Icirr,r, '1 c'nre Address; Phone:-� License No. Na::e: Address.. Phone: License No. Name: Address: Phone: License (If additional namesv please attach list) CITY OF ORONO �2 P A Y EMPL-NO NAME Y-T-D a - - DIV GROSS GROSS EXP/ALLO ACKERMANN J 13 9..75 0.00 ANDERSON SL 31 28668.72 1337.99 ANDERSON OF 13 76.00 0.00 BERG VJ 13 68.00 P.00 BERNHARDSO ME 12 38905.86 1819.20 BOBZIEN SA 31 16956.30 812.25 BOSMA JL 12 5391.00 351.00 BRANTINGNA NM 13 68.00 0.00 BRINKHAUS JF 42 26864.29 1191.36 BURMASTER RP 90 738.92 182.95 CARLSON UJ 92 26957.08 1180.88 CARRUTHERS C 13 76.50 0.00 CHESWICK GB 31 29047.33 1336.64 CORNICK JL 31 19225.88 941.OT DESCHLER M 13 68.00 0.00 EHRENBERG DL 90 7670.66 380.T7 EISINGER RD 13 60.00 0.00 EKEBERG EJ 13 68.00 0.00 ENGLISH II IH 31 21825.31 970.35 ENGSTROM 0 13 71.20 0.00 ERICKSON B 13 70.00 0.00 ERICKSON DJ 93 1719.90 0.00 ERICKSON KR 31 2v993.12 1336.64 FINK CJ 90 2161.88 250.00 FRITZLER JM 31 28061.94 1293.10 CAFFRON MP 33 23197.3E 1054.88 GASCH MF 13 87.75 0.00 GERHARDSON JR 42 33302. 38 1514.40 GONYEA UG 13 76.00 0.00 GREGORY JD 42 23655.79 1044.80 HALLIN DM 12 19280.44 906.60 HANSEN SC 42 20677.05 905.44 HANSING CJ 31 7548.66 354.12 HENNING JP 90 100.00 0.00 HENSEL MM 31 17322.92 849.01 HIGUS PA 90 8198.96 429.99 HILL DE 93 634.20 21.00 HILLSTROM CA 13 68.00 0.00 HOFFMAN RM 13 68.00 0.00 JACOBS TJ 33 23404.44 1114.96 JOHNSON SP 31 27164.06 1219.13 JOHNSON JM 13 71.20 0.00 JOHNSON MI 13 8S.50 0.00 KILBO MH 31 33962.10 1544.40 KIRNYCZUK M 31 27584.70 1204.08 KNUTSON CA 15 16025.86 726.80 KRUEGER JA 90 2148.75 0.00 KUEHN TM 15 30T84.91 1399.92 KUNKEL GM 31 774.09 774.09 LANGFORD AM 13 18.00 0.00 LATTIN JC 15 18BS.S.43 820.T6 CITY OF ORONO P A Y Y-T-D s - - - - - EMPL-NO NAME OIV GROSS GROSS EXP/ALLC LAUER DA 13 71.20 0.00 MABUSTH JA 33 28207.61 1282.72 MADDEN RM 13 66.00 0.00 MANUEL CM 90 1724.80 0.00 MATTSON M 13 68.00 0.00 MCGOUAN LR 90 23133.44 1051.52 MORAN MF 34 5883.49 1075.57 MOROUCZYNS J 31 29721.97 1497,58 MROSS FT 61 18103.04 781.60 NAAS TL 12 12775.11 679.27 NELSON RA 93 91.38 0.00 NICHOLLS E 13 68.00 0.00 OAS DO 93 770.70 0.00 OLSON BJ 13 68.00 0.00 OMAN LE 33 12936.06 655.20 PEASLEY C 13 77.20 0.00 PETERSON PL 12 10142.49 452 35 PETERSON RU 93 1432.20 77.70 PETRAN JC 33 2688.70 0.00 PLATTETER MR 13 18.00 0.00 OUAST WA 92 21714.43 1098, 11 RICHARDCOV R 13 68.00 0,00 ROYCRAFT GE 93 0.00 0.00 SASS JJ 42 21303.26 904.16 STFVERS RC 90 1180.00 0.00 SI 'N DS 42 21051.90 904."6 SL4" SR 93 2417.80 143, 00 SMITH JR 92 19937.16 955.68 STEFFENHAG RE 93 22236.77 1011.20 STEVENS BG 93 3430.98 35.60 STUBBS L 13 60.00 0.00 THIES BR 90 4162.SO 125.00 THOMTON MR 31 16782.08 864.35 TAMCNECK LF 31 12392.91 917.90 .ov CZYK MU 31 27949.93 1226.66 TURNHAM K 13 71.20 0.00 CO NT PAID 00051 GRAND 44,997,91 TOTAL 00087 TOTAL TOTAL FICA TAX GROSS a 23,676.70 EMPLOYERS FI A v GROUP HEALTH B = PHYSICIAN'S HEALTH PLAN C m BLUE CROSS/BLUE SHIEf.0 D = MEDICAL CENTER PLAN E w PRUDENTIAL F a COORD. HEALTH CARE G m MINNESOTA HMO 1986 CITY OF ORONO CHECK REGISTER CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION NC7900 10/31/06 iT 50 Sl DEPT ADMIN BOONS/PERIODCLS 17 50 nK•u HCT90E 10,31/66 1,250.00 H 6 K RENTAL STORE RENT 1,250 00 NC7903 10/31/86 6,136 52 OBERHAUSER TRST OBERHAUSEN TRST ESPY 6,136.52 NC7904 10/31,66 3,343. 49 EMIL RUBIE WAYNE ENIL RUBIE ESRT 3,343.44 HCT905 10/31/86 21410.00 OLIVER ENST ENGSTROM ESMT 2,410,00 MCT906 10/31/06 1,694. 15 EAGLE DIST LIS PUNCH MCT906 10/31/66 33.67- EAGLE DIST LID DISC MC7906 10/3 "86 AIL SO EAGLE DIST NINE PUNCH MC7906 10/31/96 M.29- EAGLE DIST THE DISC 2.066 69 MC7907 10/31/86 1.799.30 QUALITY WINE LID PURCN HC7907 10/31/66 35. 90- QUALITY WINE LID DISC HC7907 10/31/86 973.02 WALITY WINE WINE PURCN NC7907 10/31/86 9.61- QUALITY WIRE WINE DISC 2.T26.B1 HCT908 10/31,86 124.31 JOHNSON BROS WINE PUNCH NC7908 10/31/86 1.24- JOHNSON BROS WINE DISC 123.CT HC"969 10/31/86 445.25 PRIOR WINE WINE PUNCH MC7909 10/31/66 0.74- PRIOR WINE WINE DISC 416.51 ••R ••• I7.50 FUND 01 TOTAL GENERAL FUND It, 869.96 FUND AS TOTAL 1905 OPEC ASSESSMENT FUN 6.603.08 FUND 71 TOTAL LIQUOR OPERATING FUND 18,510.54 TOTAL 10-3t-06 PAGE I ACCOUNT NO INV 9 P 0 6 NESSAI 01-42A0-129-11 MANUAL o•-CNB 71-4332-SIS-90 MANUAL 4S-4512-432-00 MANUAL 4S-4512-432-00 MAWAL 4S-4512-432-30 MANUAL 7t-4810-514-95 NAN11µ 71-4811-SI4-95 RANU111. 71-48IE-15I4-95 MANUAL 7I-4813-514-95 HANUAL 7I-I610-514-95 MANUAL. 71-4011-514-95 MANUAL 11-48lR-514-95 MARUµ 71-4813-514-9S MNNµ 79-481E-51A-9S MANUAL il-ABIJ-51A-95 MANUAL 71-4812-514-95 MANUAL 71-4813-SI4-95 MANUAL •o-CMS 1906 CIT' OF ORONO CHECK REGISTER I1-10-84 PAGE 1 CHECK NO DATE AMOUNT VENDOR ITEM DLSCNIPTION ACCOUNT n0 INV 0 P 0 0 MESSAGE �. T91Y I AOT 1I/OS/86 90.00 BONESTR00 ROSENE ASH ENS RETAINER 01-4304-.00-41 2 •0 . I1/OS/86 90.00 BOMESTNOO ROSENE ASK NAY CORR 01-430S-R00-01 21 . 11/OS/86 6T.50 BONESIR00 ROSENE ASK E NS END CONSULT 1-&3G5-2N-.L 21 N it/05/86 955. 00 BONESTR00 ROSENE ASH ENG CONSULT -.305-M-T1 21 0 11/05/66 1.006 S BONESTR00 ROSINS ASK ENS CONSULT J-4305-432-60 00 11/05/86 1.135.00 00 BONESTR00 ROSENE ASK ENG CONSULT .5-.305-S69-OE • 1I0T 11/65/86 BOKF 6TR00 ROSENE ASK ENG LON9ULT T)-q05-569-1L 614.13 J.61..1] • • •uu• ....... 314010 11/05/86 17.28 AT&T INFO SYSTEM MNT OFF EQUIP 01-4340-039-12 314010 11,05/86 17.28 AT&T INFO SYSTEM NMI OFF EQUIP 01-.140-059-14 314010 11/OS/ee 17.99 AT&T INFO SYSTEM KKT OFF EWIP 01-4340-069-IS 314010 II/OS/86 23.50 AT&T INFO SYSTEM MNT OFF EQUIP 01-4340-129-3T • 314010 11/OS/86 IT.LS AT&T INFO SYSTEM MAY OFF EQUIP 01-4340-174-33 314010 11/OS/86 I7.28 AT&T INFO SYSTEM MNT OFF EQUIP 01-4340-249-42 109. 90 • •....• .... • 314014 I1/05/86 200. 61 ALL STAI. ,ECTRIC MNT RISC EQUIP 01-4342-249-42 280.61 ft ...... .... 314030 1:/05/86 10. 65 AT & T INFO SYSTEM TELEPHONE O1, 155-34 10 65 314031 11/05/86 96 AT 6 T COMM TELEPHONE 0I-4320-129-31 • 314031 11/OS/86 1.21 AT & T COMM TELEPHONE 01-4320-1T0-33 2.1T . .....• ...-CNS 314039 11/0S/86 214.11 EARL F ANDERSON ASSC 'NT SUP 01-4233-.:19-42 21..11 •....• ...-CAB 314054 11, 3186 94.33 BARTON SAND A GR IT MAT SUP 01-4233-L4f-42 9.. 33 _ .....• •..-CNS 31&DBQ 11/05/36 I70.85 BROOKLYN PRINTING PRIG/PUBL CI-4322-I29-31 ITS. 65 ...... .... ,14O87 11,05/46 56.00 BURY A CARLSON INC ST MY SUP 01-4233-249-42 56.00 ...... • • 314098 11/OS/8& 695.41 CARGILL SAL: UTIL SY$ MNT SUP T2-42 ].-5.l-91 1986 CITY OF ORONO CMECK • ` ATE 31a192 11/05/06 31.1+2 11/05/86 31e142 11/05/86 314142 11/05:86 3141e2 I1/OS/86 31-1.2 It/05/86 314I.2 11/05,86 31 n .2 1 1/ 05/86 31.142 11/05,86 314142 11,05,86 u..0 311149 11/05/86 31.19T n/OS 314177 1Iles ]1.e0Y •1/OS/86 31.2.• 11/0S/86 314286 II/OS/96 314297 11/0s/86 31.303 n /OS/86 314306 n 05/86 CHECK REGISTER n10'T VENDOR 11-4 n[61101.!-]11 (95 <1 129 41 COPY OUP PR INC 0 - 6UPPt IES 21 47 COPY DUP PR INC F SUPPLIES 5.52 COPY DUP PR INC OFF SUPPLIES 48 TO COPY OUP PR INC OFF SUPPLIES . 06 COPY DUP PR INC OFF SUPPLIES 316 75 COPY OUR PR INC OFF SUPPLIES 3 T. COPY OUP FA INC OFF SUPPLIES 3 CO COPY DUP PR INC OFF IPVA'LIES 89 COPY OUP PR INC OFF SU'- IES 1 06 COPY OUP PH INC C.'F S. JES S•0 <0 Ie.eo CROSN USSER STAMP OFF SUPPLIES IS as . S7.91 DOLDER PLM4: S MTS E^UIP/PTS/ACCESS 86.90 DOLDER PLMF S HIS EQUIP/PTS/ACCESS I, 80 II 91 EMRICH BAKING CO CONC RESALE 11 9' 70. 20 COVE PUS SYS PRTG/PUSL TO 20 297 TS HAWKINS CHEMICAL UTIL SYS NMI SUP 297 IS 235 00 HENN CTY CHIEFS PTAC CONF/SCH.OLS 235, 00 R.140.25 HENN CTY FIN DIV SAIL CHGEi 2,1.0 25 as 61 HENN CTY SHERIFF CRT ]AIL CHGES I 6-06 PASS 2 16wI M I0O1. • .0, 0 REHAGE ....CK6 01-4210-039-12 01-4210-6.0-:J 01-4216-95V.14 61-40 t.-069-19 01-art 0-109-31 01-0010-194-33 01-0210-Y49-92 71-421"IS-$$ 13-4210-M69-92 94-4210-S90-93 01-0210-1:4-32 72-4e32-0/9-91 73.4e30-E69-92 74-48 C1-4122-OSi, 72-4234-541-41 01-43SE-129-11 01-.b8-OM0-16 01-U50-00! -1 i ....CKS ...-cKe ....CKS ...-CKS ...-CKS ...-CKS ...-CKS ...-c25 1906 Citr OF ORONO CHECK NO 'ATE 311109 nit /96 • 31.301 1 /".i06 314363 t/W,66 • 314363 11/q5/86 311-' 11/OS/66 • 314360 11/05/S6 • 31139T It/OS/86 314317 11/05/56 311397 I1/OS/86 • 314397 11/0S/86 314397 11/05/90 S 11197 11/O• 6 • 74397 ll/(. 06 1 0•0• 311104 11,05/46 3I1.101 11/05/86 311104 11/05/66 P P 71 H11 1/05/96 311437 11/OS/86 Q 3/1137 11/05/66 3 11/05/86 P 'NECK REGISTER 11-10 PAGE 3 AMOUNI '••RB. I1•M DESCRIPTIJR ACCOUNT 10 INV f P 0 -6SAGE OS 6� 21A 00 KENN COUNTY TR£AS OFF SUPPLIES 01-1210-OS9-• 22. 60 HFNN COUNTY TREAS PVBTAGE 61-I30 - '3- 236 68 - 21. 00 TJM'JACO85 RFD CORR 01-. -33 52. 10 TM JACOI . MILEAGE 01-... 11-33 73.•8 • C, .^ 02 H V JOHNSTON CULVEPI ST 11NT SUP 0 33-2.9-42 02 198.00 JONES CHEMIGAL OT11 SY, "1 12-4234-519-11 198.00 • 90.T2 KUEMN-THOMAS TRAVEL-MILEACE-OCT 01`30'-069-15 .03 KUFHN-TNOMA6 TRAVEL-MILEACE-OCT 01-AM 1-174-M 9.36 KUEMN-TMMAS TRAVEL-MILEAGE-OCT 0;-4301-11--33 A C9 KUEMN-TMOMAS TRAVEL-MILFACE-OCT 71-4301-SIS-4 5 39 KUEMN-TNOMAL TRAVEL-MILEAGE-OCT 71-1361--i9- 5.39- KUEMN-THOMAS TRAVEL-MILEAGE-OCT 73-4M"69-1 9.39 KUEMN-TMOMAS 'FRAWL-MILEAGE-OCT 73->301-569-9e 111.T9 • :0 98.79 THE LAKER PRTC/PURL 01-% AS-220-11 109.35 THE LAKER PRTC/PUSL 01-132e-040-13 01.ei THE LAKER ADVERTISING -1-1383-SIS-90 013.31 • u•-Gs .e06.00 LEE KISTLER •NW -1311-e19-Ie e.efo.of • • h 48.75 CITY OF LOH= LAME E0 f1-ISP<••?09-30 6.133.50 CITY AKE 30D CIR 6TR li-- E s49-91 6.fee. ME • AA -Ott 51.e5 LONG LM "All McT00 E0113PMT0/ACCe00 0' 3R-e19-1! 51.95 A 19P6 CITY OF ORONO CHECK REGISTER - CHECN NO DATE AMOUNT VENDOR ITEM DESCRIPTION - :0146404001 11/0S/86 13.00 LONG LAKE TIRE MNT MISC EQUIP 13.00 • 314470 11/O5.'86 18 00 METRO AREA MGMT ASSN -F/SCHOOLS 18 00 • c 314474 11/0:/86 3,291 7S METRO WASTE CONTROL SAC REMIT • 3,291.75 • 314484 11/05/86 1,040.87 MIDWEST ASPHALT ST MNT SUP 1,040.87 • 314490 11/0E/86 22.66 MIKNEGASCO UTILITIES • 3114490 11/QS/86 207.86 MINNEGASCO UTILITIES 314490 11/OS/86 9.68 MINNEGASCO UTILITIES 240.20 • • • 314495 11/OS/86 7.00 MN BENEFIT ASSN HEALTH INS 7.00 • 314500 11/0S/86 463 00 M COMM OTHER EQUIP 463.00 • 314513 11/0S/86 700.00 MN POL RECRNMT SYS OTHER CONSULT 700.00 • • • 314836 11/OS/86 1.33 CITY OF ORONO OFF SUPPLIES 314536 11/05/86 10.39 CITY OF ORONO OFF SUPPLIES 314536 11/OS/86 39.38 CITY OF ORONO BOOKS/PEPIODCLS 314536 11/OS/86 2.07 CITY OF ORONO POSTAGE 314536 11/05/86 11.00 C!(Y OF ORONO MNT ISC EQUIP 314536 11/OS/86 1.75 CITY OF ORONO MILEAGE e3 314536 11/05/86 10 68 CITY OF ORGNO MTG EXPENSE 76.60 • 11-10-86 ♦AGE 4 ACCOUNT NO INV 0 P 0 • MESSAGE •••-CkS 01-4342-249-42 •••-CxS 01-4356-039-12 •.•-Cx8 01-2226-000-00 •••-CKS 01-4233-249-42 •••-CO.S 01-4324-/29-31 72-4324-549-91 73-4324-569-92 •••-CKS 01-41SI-126-31 •••-CKS 01-4560-129-31 •••-CKS 01-4306-129-31 •••-CKS 01-4210-040-13 01-4210-174-33 01-4240-174-33 01-4391-040-13 01-4342-174-33 Oi-4381-129-31 01-43"-040-13 •00-CKS f 1 9P�7 c I TY OF Oft ONO CHECIa NO DATE 3145E. 11/0S/86 ..... . 314SS9 11/OS/86 3145F9 11/0S/86 314SS9 II/OS/86 314SS9 11, 05/86 314SS9 11/05/86 314SS9 II/OS/86 314S59 !i/OS/E6 314S59 11/0S/86 ..... . 314S61 i1/OS/86 314S61 11/05/86 31456& 11/05/86 314S68 It/OS/86 314568 I1/0S/86 314568 11/0S/86 31456'. 11/0S/86 31456n 11/05/86 314S68 11/0S/86 314S68 11/OS/86 314568 11/05/86 314568 11/OS/86 314568 11/0S/86 314590 II/OS/86 314590 11/0S/86 314597 11/OS/86 314597 II/OS/86 314597 11/05/86 314597 11/05/86 314597 11/05/86 314597 II/OS/86 314S97 11/05/86 314597 11/05/86 314597 11/05/86 314S97 11/OS/86 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION 10.61 TERI NAAB MILEAGE 10 61 • 11-10-06 PACE S ACCOUNT NO INV 0 / 0 0 MESSAGE 01-4381-174-33 207 S3 NSP UTILITIES 01-4324-099-17 174 68 NSP UTILITIES 01-4324-129-31 32 30 NSF UTILITIES 01-4324-249-42 1S2 70 NSP UTILITIES 01-4324-249-42 S 4S rasp UTILITIES 01-4324-290-61 5 51 NSP UTILITIES 01-4324-290-61 699 64 NSP UTILITIES 73-4324-569-92 39 66 NSP UTILITIES 74-4324—S90-93 1,317 47 . 11.85 NORTHERN MESSENGER POSTAGE 01-4321-040-13 13 00 NORTHERN MESSENGER POSTAGE 01-4321-069-13 24.8S • S4 86 NORTHWESTERN BELL TELEPHONE 01-4320-039-12 54 86 NORTHWESTERN SELL TELEPHONE 01-4320—OS9-14 27 43 NORTHWESTERN BELL TELEPHONE 01-4320-069-1S 123 01 NORTHWESTERN BELL TELEPHONE 01-4320-129-31 56 35 NORTHWESTERN BELL TELEFHONE 01—A320-174-33 67.20 NORTHWESTERN BELL TELEPHONE 01-4320-17S-34 54.86 NORTHWESTERN BELL TELEPHONE 01-4320-249-42 32 78 NORTHWEzTkFry BELL TELEPHONE 72-4320—S49-91 49 14 NORTHL.,C TERN BELL TELEPHONE 73-4320—S69-92 111.82 NORTµ.L51cRN BELL TELEPHONE 74-4320—S90-93 110 25 NOF-'-..ESTERN BELL ADVERTISING 74-4323—S90-93 742 S7 • 21.45 OTTEN PROS BLDC/GRDS/MNT 01-4231-290-61 21 4S OTTEN BROS ST MNT SUP 01-4233-249-42 42.90 • 76.76 PLu• EMPL RET ASSN PERA 10/6-10/19/86 01-4141-039-12 9.72 :'L Z EMPL RET ASSN PERA 10/6-10/19/86 01-4141-040-13 1.94 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 01-4141-059-14 91 09 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 01-4141-069—IS 18.67 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 01-4141-099-17 1,324.96 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 01-4141-111-31 52.40 PUBLIC EMPL RET ASSN PERA 10/6-10/19/96 01-4141—IIS-31 223.05 PUBLIC EMPL RET ASSN PERA 10/6-10/19/66 01-4141—IEI-31 468.19 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 01-4141-126-31 200 62 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 01-4141-174-33 ...—CK', ...-:Ks •0•—CLS •••-cks 1986 CITY OG ORONO CHECK NO GATE 314597 11/OS/86 314c-:97 11/OS/86 314E"- 11/05/86 314597 11/05/86 314597 11/OS/86 314597 11/OS/86 314597 11/05/86 314599 11/OS/86 314605 11/05/86 • 314605 11/05/86 • 314621 11/OS/86 314621 11/OS/86 • 314621 i1/OS/86 314621 11/OS/86 314621 11/OS/86 • 314621 11/OS/86 314621 11/OS/86 314621 11/05/86 • 314621 11/OS/66 314621 11/05/86 314621 11/03/86 • 314621 11/05/86 314621 11/OS/86 • • 314658 I1/OS/86 314740 11/05/86 • • 314796 11/05/86 s 314821 11/OS/86 a CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION 217 31 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 54.43 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 6 16 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 153.02 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 109.01 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 150.39 PUBLIC EMPL RET ASSN PERA 10/6-10/19/66 48.13 PUBLIC EMPL RET ASSN PERA 10/6-10/19/86 3,205.85 • 11-10-66 PACE 6 ACCOUNT NO INV 0 / 0 0 MESSAGE 01-4141-249-42 01-4141-290-61 41-4141-408-00 71-4141-SIS-90 72-4141-549-91 73-4141-569-92 74-4141-590-93 283 25 PAUSTIS i SONS WINE PORCH 71-4612-514-95 283.25 • 476.33 PENNSYLVANIA OIL FUELS/LURES 01-4220-249-42 146.87 PENNSYLVANIA OIL FUELS/LURES 73-4220-569-92 623.20 • 99 S7 PHYSICIANS HEALTH HEALTH INS 01-2301-000-00 533.64 PHYSICIANS HEALTH HEALTH INS 01-3872-006-06 SS2.54 PHYSICIANS HEALTH HEALTH INS. 01-4151-039-12 250.56 PHYSICIANS HEALTH HEALTH INS 01-4151-069-15 99.57 PHYSICIANS HEALTH HEALTH INS 01-4151-121-31 249.66 PHYSICIANS HEALTH HEALTH INS 01-4151-126-31 1,102.38 PHYSICIANS HEALTH HEALTH INS Ot-4151-129-31 250.56 PHYSICIANS HEALTH HEALTH INS 01-4151-174-33 603.96 PHYSICIANS HEALTH HEALTH INS 01-4151-249-42 150.99 PHYSICIANS HEALTH HEALTH INS 01-4151-290-61 401.55 PHYSICIANS HEALTH HEALTH INS 71-4151-SIS-90 100.22 PHYSICIANS HEALTH HEALTH INS 72-4151-549-91 150.34 PHYSICIANS HEALTH HEALTH INS 73-4151-569-92 4,54S.S4 • 205.50 208.50 • 54.00 54.00 • 316.40 316.40 • 11.61 R C INDENTIFICATIONS OFF SUPPLIES DON STREICHER GUNS TRNG SUPPLIES UNIFORMS UNLIMITED WEARING APP VILLAGE CHEVROLET EQUI►/PTS/ACCESD 01-4210-129-31 01-4241-129-31 01-4221-129-31 01-4232-24v-42 •••-CKS •••-CKS L••-L'KS •••-CKS se*-CKB r 1986 C17Y OF ORONO CHECk NO DATE AMOUNT w 11.61 • • 3t4826 11/OS/86 3,161.25 3.161.25 • • • 3118at 11/05/86 104.36 104.36 • • 314842 11/05/86 2,195.36 2,195.36 • 314875 11/OS/86 11.81 • 11.81 • • 314900 11/OS/86 84.00 84.00 • • 314901 11/OS/86 73.01 314901 11/OS/86 48.71 • 12t.72 • 314902 11/OS/86 134-40 A 134.40 • 314903 11/OS/86 2.50 • 2.50 • 314904 11/05/86 94.00 90.00 • Q 314TOS 11/05/86 143.65 143.65 • 314907 11/05/86 7.60 314907 11/05/86 31.20 Q 314907 11/O5/96 3.12 314907 11/OS/86 4.68 46.80 • 314908 11/OS/66 140.SS 140.SS • 314909 11/OS/86 12.40 12.40 • 314910 11/OS/86 12.40 I CHECK REGISTER VENDOR ITEM DESCRIPTION WALDOR PUMP MNT LINES 6 LS 11-10-86 PAGE 7 ACCOUNT NO INV 0 P 0 • MESSAGE •••-CKS 73-4344-569-92 PATER PRODUCTS CO F.OUIP/PTS/ACCESS 72-4232-549-91 WAYZATA-CITY OF INTERCONTL PKG GOVT 72-43S9-S49-91 WRIGHT HEWN ELECTRIC UTILITIES 01-4324-249-42 AELE 01008 BOOKS/PERIODCLS 01-4240-129-31 APACHE BLDC/CRDS MNT SUP 01-4231-099-17 APACHE BLDC/CRDS MNT SUP 01-4231-129-31 ASHLAND CHEMICAL FUELS/LURES 01-4220-249-42 CORCORAN PET CARE ANIMAL CARE 01-4360-185-35 OOUNTOWN MN CAR WASH AUTO MNT 01-4341-129-31 INSTY PRINTS PRTC/PURL 01-4322-OS9-14 INTL CHEMICALS FUELS/LURES 01-4220-174-33 INTL CHEMICALS FUELS/LURES O1-4E80-949-42 INTL CHEMICALS FUELS/LURES 72-4220-S49-91 INTL CHEMICALS FUELS/LURES 73-4220-S69-92 STEPHEN CARSON RFD CDBC 45-3279-000-00 PATRICIA DRUMMOND RFD CDBC 45-3279-000-00 DOUGLAS SCHNOOK RFD CONIC 45-3279-000-00 •••-CKS •••-CKS •••-CKS 1986 ClTi OF ORONO CHECK REGISTER 11-10-86 PAGE CHECY. NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV • P 0 0 ME '_.SAe, 12 40 • 314911 11/OS/86 12 40 SANDRA FLAHERTY RFD CDBC 45-3279-000-00 12 40 + 31491 11/05/86 12 40 MICHELE COMBS RFD CDBG 4S-3279-000-00 12.40 314913 I1/OS/86 6 46 QUAST TRANSFER OFF SUPPLIES 01-4210-039-12 314913 11/0S/86 6 46 OUAST TRANSFER OFF SUPPLIES 01-4210-069-1S 314913 11/05/66 6 46 OUAST TRANSFER OFF SUPPLIES 01-4210-129-31 314913 11/05/86 6 46 OUAST TRANSFER OFF SUPPLIES 01-4210-174-33 314913 11/0S/86 6.46 OUAST TRANSFER OFF SUPPLIES 01-4210-249-42 32.30 • 314i14 11/05/86 50.00 RICHARD RINEHART RINEHART 01-2300-000-00 50.00 • 314915 11/OS/86 192.00 ST CLOUD UNIV CONF/SCHOOLS 01-4356-129-31 192.00 • 314916 11/OS/86 104.20 WHEELER LMBR BLDG/GRDS MNT SUP Oi-4231-290-61 104 20 • 31,6917 11/05/86 50.00 JIM WILLIAMS WILLIAMS 01-2300-000-00 5C 00 • •••••s •••-CKS HC7910 11/05/86 4C9 36 ED PHILLIPS LIO PURCH 71-481C-514-9S MANUAL HC7910 11/0S/86 9.39- ED PHILLIPS LIO DISC 71-4811-S14-9S MANUAL MC7910 I1/OS/86 601.93 ED PHILLIPS WINE PURCH 71-4812-SI4-95 MANUAL MC7910 11/0S/86 12 04- ED PHILLIPS WINE PURCH 71-4813-S14-95 MANUAL 1,049,81, • NC7911 11/05/86 968.93 EAGLE DIST LIQ PURCH 71-4810-S14-95 MANUAL HC7911 11/05/86 17.26- EAGLE DIST LIO DISC 71-4811-S14-95 MANUAL HC7911 11/05/86 323.09 EAGLE DIST WINE PURCH 71-4612-S14-95 MANUAL HC7911 11/OS/86 6.38- EAGLE DIST WINE DISC 71-4813-514-95 MANUAL 1,168.36 • HC7DI2 11/05/86 264.9S QUALITY WINE WINE PURCH 71-4812-S14-95 MANUAL HC7912 11/0S/86 2.63- QUALITY WINE WINE DISC 71-4813-514-9S MANUAL 262 32 • HC7913 11/0S/86 229.S3 INTERCONTL PKG WINE PURCH 71-4612-S14-9S MANUAL NC7913 11/05/86 2.30- INTERCONTL PKG WINE DISC 71-4813-514-95 MANUAL 227.23 • ..•... •••-CKB 24,282.95 FUND 01 TOTAL GENERAL FUND 1,008.63 FUND 23 TOTAL MUNIC STATE AID CONS FUN 6.16 FUND 41 TOTAL PERM IMPROVE REVOLVING F 1,S08.15 FUND 4S TOTAL 196S SPEC ASSESSMENT FUN 3,634.74 FUND 71 TOTAL LIQUOR OPERATING FUND ISt G CITI OF ORONO CHECK REGISTER C1+ECk NO DATE AMOUNT VENDOR 10,135.27 FUND 72 TOTAL 4,604.17 FUND 73 TOTAL 322.83 FUND 74 TOTAL 45,502.90 TOTAL E lj 11-10-S6 PAGE ITEM DESCRIPTION ACCOUNT NO INV • P 0 6 MESSAGE WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE I I - I U -,r I PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 3. AL�( /9. '2 1/ dig U 6. ffl 14 Jw y I I F 7 Cv 8. Or) i t�--- 9 0 .34%. 1%fiAg C10 MAP 7111 gwtj LIYP G"120V c1U-S;Pk J34Y file", .2. 3. J) F4 k 0 \k; (- L C f 161 (-WA.-,-, Luocc L4. 1-165 5. c- - sif '21 1 L L 6. L7. L8. L9. 10. Z n-Forma-I- ��o� j 4-e, nn s ING NOV I 1986 OF of-j% INDEPENDENT SCHOOL DISTRICT 1277 WESTOMKA PUBLIC SCHOOLS 5600 Lynwood Blvd. M,)und. Minnesota 5S364 REGULAR SCHOOL BOARD MEETING MONDAY. SEPTE IER R. 1956 (Minutes to be Approved October 14. 1986 ATTENDANCE, The regular meeting of the school board was called to order at LOCATION 8:10 p.m. In the Lecture Hall of the Westonks Community Center. Present: Board Members Chelberg. Hallowell, Fritz, (layer, Pechtel, Pltsch, Schmidt; Asst. Supts. Myers and Brandenburg; Judson Anderson, 0287. Exec. Committee Representative; Industrial Education Teachers, administrators, staff, P.R. Coordinator, patrons. Dr. Stevenson had an excused absence, recovering from lung surgery. OPEN AGENDA Larry Litman, Special Services 0lrector, announced Westonk• has four students in the Mentor Connection program for gifted students. more than any other West Metro district except Hopkins. Me also stated our district is sharing an ESL teacher with Orono, an Adaptive P.E. teacher and possibly a psychologist part time with Minnetonka. CLERK'S Chelberg moved, Seconded by Pechtel, that the school board approve REPORT as presented the minutes of the regular school !card meeting of August 11 and the closed meeting of August 12. 1986. Motion approved by unanimous roll call vote, all members present. COMMITTEE Chelberg, chairperson of the Personnel Comrittee, reported only REPORTS two contracts are now outstanding - the P.R. Ccordinator and Acting Superintendent. A closed meeting for the purpose of negotiations was announced for Thursday. September 25. at 7:00 p.m., in the superintendent's conference room. Hallowell requested board input for legislative proposals, which must be submitted by October 1. She complimented Charles Henthorne and Daphne Fletcher on numerous prizes in art won at the State Fair. Hallowell has also agreed to be the representative to Community Action Services for Hennepin County. TREASURER'S Motion by Chelberg, seconded by Schmidt that the school board REPORT anprove as presented the current financial doc cents and Treasurer's report indicating present balances, 1nc1;„y bills paid after the last board meeting; and further resolved. :hat the school board approve the payment of current bills and claims and routine transfer of funds for budget maintenance•. Roll call vote: Pltsch absta'ned; all others voted aye; motion carried. IRDUSTRIAL Dr. Myers introduced Vernon Strand. MWHS teacher, who introduced ARTS CIIRRICULIRI fellow teachers herb Olson and Robert Lohmann and proceeded to PRESENTATION explain the newly written industrial technology curriculum. Several questions were answered regarding use of the how curriculum, class miniwm standards. and grading on the curve. The department members were complimented on the content and format of the curriculum. SPECIAL IEET 1 NG (LEVY) PERSONKL TRMSACT IONS TENNIS COUNT ADDITION pbtloo by Chelberg. with second by Schmidt, that the school board set a special meeting at 7 p.m.. Monday. September 22, for the purpose of certifying the 1"6 levy which will primarily generate !ands for the 1987-0 school year; and, that a study session regardin stueent housing for 1987-M follow the special meeting. Hallowell 0,ved to aWnd the notion to add a study session on the subject of superintendent/school board evsl cation for 2 pis.. Monday, September 29. Schmidt seconded. During discussion Mr. Brandenburg mentioned the possibility of the levy Information from the State being late. If so, the closed meeting could be switched to 9/22 and the levy Meeting to 9/2S. such change to be announced by Posting a flyer. ►echtel NovN to saend the motion to set the time for the Strdy session 9122 at 7:30 p.m. By roll call vote the amender wot'3n ws approved, all members present and -rating aye. Chelbarg moved, seconded by Schmidt that the schcul board approve the personnel transactions recommended by the superintendent on this date'. Schmidt asked that the employment o° Sheila Asleson not be acted upon before the Community Service" Advisory Renard had a chance to discuss the action. Mayer moved to separate the Item re: employment of Sheila Asleson from the main motion, secendad by Chelberg. It was 49-ved that :his item wouit be inciwdN In the September 22 meeting agenda. Roll call rote on move to separate: Hallowell - nay; ail others eye; Notion Carried - Hallowell requested as such data as possible on nw aeployees when they are presented for board approval. Roll call vote ON personnel transactions (Aslesen separated) passed, all members voting aye. Motion by Chelberg, seconded by Hallowell for purposes of discussion, that the school board accept the base bid of Finlay Bros. Enterprises. DBA Tennis West Ltd. In rinnetonks, MM 10 ae amount of $64.650 for tennis court addition at Mound wastonka High School. The board questioned principals and administrators about the status of csp'tsl outlay projects and whether their needs have been met. All agreed that they are satisfied with the present situation. Chelberg wrged board members to attend budget sessions where monies for the coming year are allocated. On roll call vote all members voted aye; Notion unanimously passed. WSINESS ED. Schmidt seconded the motion by Chelberg that the school board CURRIC10.U1 approve the Business Education Curriculum as presented by the ADOPTED Business Education Staff at the August 11 school board meeting. Roll call vote: all voted aye with the exception of Mayer. do abstalaed. Motion carried. ANJTIIORITT FOR Chelberg moved. ;c,onded by Hallowell. that the school board does PROWT ►A"E117 hereby delegate to itsChief business admival iistrator the authority OF CLAIMS to make a payeentprior to 123.35. Subd. iS and M.S. 471.42S. All mamaikers voted aye am roll call vote; motion carried. 1110 AINID- potion by Chelberg, seconded by Schmidt that the school board plot SPEED accept the bid of Xerox Corporation for a Model 9500 vR copier COPIER under their 60-month lease plan. Motion carried by wnanuexws roll call vote. RECESS The chairman declared a short recess at 9:30 p.m. in order that board members might study a resolution regarding the Vo-Tech West INKKNOENi SCHOK DISTRICT /277 Campus situation, which was requested by Judson Anderson, Executive westamks hblic Schools Committee Representative. The meeting reconvened at 9:46 p.m. SM lymmmed Uelevard Nowmd. Nimmmesets SS364 DISTRICT. 287 Chelberg moved, seconded by "layer: 'Whereas the Superintendent COOPERATIVE of District 287 has proposed a Planning Goal (July 9) 'To direct PLANNING the development of an educational service plan for those districts URGED that would have been affected primarily by a West Campus.' and in an August lith School Board action our neighbor district, Orono: 'The Orono School Board requested that the RTC 8wrd refrain from SCNW ROAD NiNUTES any deLision regarding the sale of the west Campus of RTC until SPECIAL CLOSED MEETING a long range plan has been set in place for Vocational Eduction, September 26. 1986 Special Education and enrichment programs for the Western area with the stipulation that such a plan shall be reviewed by each Board which is a part of HTC.'; Therefcre, while concurring in the above actions, District 277 urges cooperative planning. District 277 requests that representatives of District 287, Superintendents and selected members from Mound Westonka, Orono, Wayzata, and Minnetonka shall meet and develop a long range plan to meet the needs of these ATTENDANCE/ The meeting was called to order at 7:►S p.m., West Metro Districts; and further, that copies of this resolution LOCATi01 Superintendent's Conference room, Central be sent to the Superintendents of District 287, Orono, Wayzata Administration offices. and Minnetonka.' After, minim) discussion the resolution was passed by unanimous roll call vote, all members present. In attendance were: Patr!cia I. -berg. Loren Fritz, Gretchen Hallowell, Gary Mayer, Dr. Bamnis DISCUSSION Chairman Pitsch urged board members to follow the chain of co"and Pechtel, Rod Pitsch, Sue Sthmidt; Or. Stevenson, and refer problems to the appropriate people when they are Superintendent; Ivars [rafts, legal counsel. approached by patrons. DisLUSSi0n of the need to get into motion the procedures to conduct a search for a new superintendent resulted in the plan that a format would be ready for presentation at the Novemblr board meeting, with the possibility of presentation at the October meeting if it is ready. MEETING Discussions were held regarding negotiations strategy in a Closed School Board Meeting which Chelberg thanked all members of the negotiating team and everyone was tape recorded pursuant to applicable Minnesota on the school board for their invaluable assistance during Statutes. past negotiations meetings. She felt it was a positive y.ocess. ADJOURNMENT Mr. Brandenburg was urged to confer with the Community Services Director to get a firm procedure in place as to how the CS Council AD.IQ NNIPI T The meeting was adjourned at 9:30 p.m. will be involved in the hiring process. The meeting adjourned at 11:00 P.M. Patricia C. Chelberg, Clerk Patricia C. Chelberg. Clerk Rodney L. Pitsch.Chairman Rodney L. tsch, NiTrman *Complete documentation can be found in the permanent minute book. 0 YFSP010(A PUBLIC SCHOOLS Mound. Minnesota 55364 SPECIAL SC1300L BOARD NKM NG THURSDAY, SEPTEMPER 25, 1986 (Minutes to be approved October 14, 1986) : ENDANCE/ The special meeting of the school board vas called to order at 6:35 'ATION p.m. in the Lecturc Hall of the Yestonka Community Center. Present: School Board Memb<,s Chelberg. Fritz, Pitsch, Pechtel. Mayer arrived at 6:38 p.m., Hallowell at 6:40 p.m., Schmidt at 6:43 p.m. Also Present: Dr. Stevenson, Superintendent; Asst. Superintendents Myers and Brandenburg; Special Services Director Litman, P. R. Coordinator. ry Mr. Litman addressed the Board concerning the self -evaluation of the ,.;DA Special Services Department to be conducted October 21 and 22. He stated the evaluation committee must con +t of one citizen, one administrator and one school board member. it Chelberg volunteered to be the school board representaative. :.F:ONNEL Chelberg moved seconded by Pechtel, that *he school board approve the =.AI7SACTIONS personnel transactions recommended by the superintendent on this dates. Fitseh and Chelberg stated they had discussed the Aslesen contract with Community Services Council representatives and felt comfortable with approval. On roll call vote the motion was approved unanimously, all members present. F.Y Motion by Chelberg, seconded by Hallowell, that the C:•rk of the School r'dORIZATION Board be authorized to certify a 1986 levy to the County Finance Division which will generate tax receipts permitted by law for the 1987-88 school year approximately as follows: Maintenance $6,923,901.44 Transportation 543.496.39 Community Service 107.272.28 Capital Expenditure 523,611.15 Debt Service 1772700.00 $8,275,981. ; Disc•ission occurred regarding the $20,000 listed under Item C oS2-Summer Excess Adjustment. Mr. Brandenburg explained that the district could levy a one-time catch-up amount of up to E02,y20.20 in this category. This privilege is extended to districts that did not have summer school in 1985. or underlevied the maximum for summer school in 1984- Gary Mayer requested the chairman to call a five-minute recess in place so the board could consult with Ivars Krafts, legal counsel, regarding the implications of levying the maximum. The meeting recessed at 6:57 p.m. for this purpose. Nhen t.., meeting reconvened at 7:05 Mayer moved to amend the motion to reflect that, on page 14, Item C 692 the amount be chsnged to read $62,920.20. Motion to amend seconded by Pechtel. Roll call vote on motion to amend: Pitsch - aay; all others aye; motion carried. Th, amended motion figures for agenda Item no. 2 r.: * Maintenance $6,966,& t,•. Transportation 543,45 '9 Community Services 107,272.28 Capital Expenditure 523,611.15 Debt Service 177,700.00 $8.318.901.46 Roll call vote on amended motion: all aye, all members present. Motion approved unanimously. ADJOURNMENT The meeting adjourned at 7:07 p.m. Rodney L. Pitsch, Chairman Patricia C. Chelberg. Clerk a Complete documentation cam be found in the permanent minute took. SCIICIS^, Ixd Y,(X)Nl.y '�(��Kl t.ynw>, Kf Ikia.levard Pk lever school districts w re given to the secretary for duplication. rY u nd, Minnesota SS364 Hallowell also rv�{c.rted the Staff Recognition Committee is aa>lptrrt ins programs begun last year and are looting forward to the spring Rt1;UI.AR :;CIRIUI. ROAR1) MRRTIIIG recognition banquet. T11F:IiAT. OC.VB®h I!. 1986 (Minutes : -ippr�vcd November 10, 1986) TRYASIRIER'S Hallowell seconded Chelberg's motion that the school board spproee RETORT as presented the current financial documents and Treaasurer's Nsport. Indicating present balances, Including bills paid after the last board meeting; and further resolved, that the school board approve A4TRIDANCK/ The regular meeting of the school board was called to order at 8:06 the payment of current bills and claims and routine transfer of IDCATI� Communityp.m. in the Lecture Hall of the Westonkn Comtnity Center. Present: funds for budget maintenance.' Roll call vote: Aire--Chelb". Board Members l'helberg, Hallowell. Mayer, Pechtel, Fitsch, Schmidt; Hallowell. Mayer. Pechtel. Schmidt; Abstain - PStsch; Absent - hits. Supt. :'Levenson; Asst. Supts. Myers and Brandenourg; administrators, Motion ^arrled. teachers, students, patrons, P.R. Coordinator. Member Fritz arrived 8:50 p.m. NAT1 HIAL MERIT Gaylen Thostenson, MYR.S Principal, Y pa presented f_re students who W SCHOLARhMII' von recognition In the National Merit Schhola.-sclp tests: Tracy OFZ1 AGIENIDA Donna Smith, MFT President, spoke on behalf of the teacher PROGRAM F. Hansen, Carla L. Kuglin, and John J. 1,111ebera--1987 National organization, stating they were prepared to support SupStevenson Merit Scholarship 4eml-Finalists; Deanne L. Pellett and Mfehele until he makes the decision iretire. She urged a a delay in L. Raiche - National Merit Scholarship Commended Students. The conductlri(• a search for a new superintendent since it would tend students were awarded la plaques and P q congratulated by the school boats to cause the staff and community to take sides. senbers mores Chelberg moved, seconded by Schmidt, that the school board approve LANGUAGE AlitS Dr. Myers Introduced Anne Carlson, MWHS language Arts teacher, vbo RIWORT as presented the minutes of the regular school board meeting of rURRICUTAIM proceeded to explain the newly written Language Arts Curriculum. September 8 and the special and closed meetings of September 25, PRPSFJrrKD Members of the Comm ttee were introduced and they answered questions 1986. Roll cr;ll vote: all aye (Fritz absent); notion carried. from board members relating to the new curriculur. (board Member Fritz arrived at 8:50.) COMPUTTER Chelberg„ Chairp'•rson of the Personnel Committee. reported 'ha' R!Q'CNTs contract negotiations s have now concluded with the presentati.. 3l1PHtINRYJfDPRT' ; Dr. Stevenson alerted the board to the stumbling blo ks urlufch my the supertntendeot's contract .t this meeting. The Personnel REPORT be encountered If the Vo-Tech staff members replaced our staff P1 Committee, heving been charged with ree mimenditig procedures for members when 287 would offer courses In our district. He felt school a search for a new superintendent, has met several times and has 6,Rrds can make more headway In resolving our problems with Vc-Tech agreed on three steps: 1--the establishment of a Search Committee c urses than superintendents and principals could. vhirh should consist of thirteen members- 1 ex -school board member. 2 administrators (one of whom would be a principal), 3 teachers —one PERSONNE.1. Chelberg moved, seconded by Schmidt, that the s-hcrl Marl approve from each level. 3 parents. 2 non -parents, and 2 representatives TRAMSACrIO&; the personnel transactions recommended by the superintendent In from business/c.,aminity. The Board Chairman is responsible for agenda lies 6A.s Motion approved by unanimous rill call vrte. all assignment or members to the Search Committee. 2--use and selection members present. i,r consultants: The Chair will set the date for interviewing ,-nsultants. 3--conduct a Metro, State-wide, or National search Pechtel seconded Chelberg's notion that the setieel board accept process, which could require funding of approximately $20,000 and the recommendations of the Personnel Committee and implement Dr. approximately L', months to do the sulk of the work. The new Stevenson's 1986-87 contract as presented in agenda Stem 66.s Notion superintendent sht•uld be on duty by July 1. 1987. approved unanimously by roll call vote, all members present. Hallowell reported on the meeting of the Curriculum Committee, INDL�'RIAI. ARTS Motion DY Chelberg, seconded by Sclimtdt, that the school board result( In the course changes Del resulting g being nresented In this agenda. CURRICULUM approve th• Industrial Arts curriculum as presented by the Industrial ADOI'M Arts staff at the September 8 school board meeting. Lhisn4mously Pechtel discussed her attendance at. an EZSU conference where the approved by roll call vote. all members present. Carnegie and Holmes reports were discussed. Rellowell reported on meet!ngs v!th the V -Tech district and related COURSE OF STUDT Dr. Myers explained tt- cheATes proposed for next year at the high in the decision has been made not to sell the West Campus site property CSANGLS. wig. school. Some courses will to offered In alternate years order from the curriculum duce to low emrollaent. at this time. Chairman Pltsch volunteered to work with her on this 1987-88 to not lose then entirely romnittee in the fall. Letters from -Dr. Carter and the Minnetonka reconvene the meetimtg 9:18 ng RMCI:;S The chairman called a recess at p•®•, at. 9:31 p.m. SCOL40L BUS Motion by Cnelberg, seconded by Hallowell that the school boars DID AWARDS o the low bids for six school bus bodies and six chassis as ..ed .n agenda item 19.0 Motion passed unanimously by roll 1 vote, all members present. DEFERRED SchmV c seconded Chelberg's motion that the district offer a deferred CGNPM ATIOD PLAN c--pensation plan as described in agenda Item 010.0 This motion had been tabled at the February, 1985 meeting and was being brought to the board again at this time because additional information has been received from the Attorney General, and the District Insurance Committee has recommended it be offered to employees. Roll call vote: All aye, all members present. Motion carried. OVUM ROILSING Motion by Chelberg, seconded by Schmidt, that the Board approve PON 1967—W the recommendation of administration to transfer kindergarten to the Grandview School, commencing in 1987-BA, as listed in agenda item Ill.* Discussion concerned the need to make this resolution now In order for facilities to be ready for kindergarten nest fall. Pechtel mentioned that long term planning is difficult vith shifting enrollments. The elementary and middle school principals have pledged cooperation to create a good unit. Chelberg complimented the Task Force on an excellent job, fee_Ing they chose the least negative of all actions. Mayer called the question. On roll call vote, all voted aye - motion carried unanimously, all members present. 1987 1RAIISPORTATIOR Mayer sue, .A the motion by Chelberg th s school district enter G into a cc.. . with the Regional TranL :oard to provide put_ RIDES PROGRAM transportation services as listed In agenda ttem 112. With uo discussion, the motion was approved unnnimously by roll call vote all members present. ADJOUR1U11T Chairman Pitsch reminded the board of the study session scheduled for 8 p.m. on October 27, to continue study of the role and function of the school board. The meeting was adjourned at 10:01 p.m. Patricia C. Chelberg, Clerk Rodney L. Pitsch, Chairman *Complete documentation can be found in the permanent minute book. LAKE MINNETONKA CONSERVATION DISTRICT To: Wayzata Sailor, Excelsior Sailor, t_;\ Minnetonka Sailor, Westonka Sailor III II NOV - 11986 PUBLIC HEARING NOTICE ON -SALE LIQUOR LICENSING ON LAKE MINNETONKA BY LMCD PUBLISH: 11-3-86 From: Frank Mixa Executive Director L.M.C.D. 473-7033 Notice is hereby given that the Lake Minnetonka Con- servation District will hold a public hearing at the Tonka Bay Village Hall, 4901 Manitou Road (County Road 19), at 7:30 p.m., on Wednesday, November 19, 1986, in the matter of licensing liquor sales on certain boats on Lake Minnetonka by the LMCD. �tiveFrank Mixa, Execirector Lake Minnetonka Conservation District I Lt9NAPD t LINDOUIST LAU1955 V ACKMAN JCrN S w,NSTON L I N D Q U 1 S T E V E N N U M RICNAPD INN'° PODERICK MICN.IEL D 06AISON GCP.LLD'E MAGNUSON LAURANCE III WALOOCr PICMAPC S $GLUM 1 MACK[NIIE TNOMAS G. LOV('T 8 5USAN [ •ARNES JOEL M GREEN [OWARO M GL[NNON TNOMAS M GARRET- $ 4200 IDS CENTER DAVIO S W[SCO[ DAVID L NALLETT MELVIN OPENSTEIN ROSEPT 5N[PAN DART LE '. UPMOf1 DAVID J. OAVENPOI T MINNEAPOLIS. MINNESOTA SS402-2205 LYNN M.AMDERSo1 TNOMAS E GLEN ON STEVEK E PAV CNARLES R WEAV(P.JR ISPAEL ( KRAWET( MAR. P JONNSG% TELEPHONE 1612! 371-3211 RENEE J SELIG ANN M PARPENT t UGENE KEATING 0,CNAPC A PP.— TN TERESA S. RONNEP DAVID L SASS[V.LLE JAMES P MAPTIN(AU P. WALT[P �ACI.1 AN TELEX 29 0044 JOMN R NO'S"O DAVID A. DONNA P IC M4PC J fIT2GCRALO Jtrrar• R SC_107 TELECOPIER 16121 371-3207 DENNIS M. O MA--r, DENISE D PEILLY •NIIIPJ OPTMUN TIMOTM N SLIT LCP CABLE LINLAA MINNEAPOLIS [DwAPD J. W[:E RSCN JONATNANM •r[ J OMw A IOPP[ST p05(G• G MIT CNELL. JP DANIEL J.SNEPAw TIMOTHY P SAER WILL'AM E 1OK M,CNAEL DADI WAr2ATA OFFICE DAv10 A ALLGt"EP TIM nTMY S ML .TEE J[RPC.: I' SERGIA,. KEll. COSTLET 740 EA9T LAAKE STREET GAEGOp1 P M,..CP J POSER` PAU'SON.JR DAVID M .CS[0011 POSEPT J NARTMAN NESOTA 55391 T[RPCNC[ J 1�[MIMG JOSEPN A TNOM.SON J ONM N S'ROTNMAN JOSCPN G KONL[R WAY2ATA, MIN N.POLI (NGN J05EPM W DICKEP DAVID G NEWMALL MART E CyRTIN RICMARD T 75TLuND K l'RTIS A GREENLET RiC.APD [ MIN [IL DEDORAN M PEGAN 01 COUNSEL ROSERT V ATMCp[ DONALD C 11wEN50N WRITER'S DIRECT DIAL NUMBER MA PTIN P. ROSENBAUM NORMAN L N[WNALL PATPICK 0LLAN[r SPUCE A SONJOVP ELINOR C P.05ENSTEIN MOWARD J KAUIIMAN JAMES P M.CAPTNY POSANNC N WIPTN P[TIPED RONALD G VANTIN[ STEVEN J JOMNSON 473-4208 DES RA K pAG, TNOMA5 V.NNUM November 7, 1986 Orono City Council City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Mr. and Mrs. D. Brian Fulmer The Doghouse Boarding Kennels 3505 W. Wayzata Boulevard Long Lake, Minnesota 55356 Ladies and Gentlemen: The matter of the Fulmers being allowed to hook up to the Maple Plain sewer interceptor has been before you for the better part of this year. As you will recall, the Orono city council acted to permit the Fulmers to hook up to the interceptor in April 1986. Unfortunately the hook up has been administratively frustrated because the MWCC has more or less adopted a "work to rule" procedure with regard to Orono matters. What that means is that the MWCC is taking the position that with regard to Orono and whether it's residential or rural developed or undeveloped, MWCC will not allow sewer hook-up without a comprehensive plan amendment. We understand this work to rule penalty has been imposed against Orono because of Orono's past opposition to certain MWCC plans. While inter -governmental fights are always unfortunate, in this particular case innocent side parties are adversely affected. The Fulmers understood in April 1986 that they had passed the last hurdle in the sewer hook-up matter. In the fall of 1985 when they commenced the procedure they were aware that this matter with Orono was very delicate and the matter with the MWCC was very delicate. At that time they were advised to cooperate with the MWCC and grant the MWCC certain easements for the Maple Plain sewer interceptor. In addition to that easement the Fulmers' property both along Highway 12 and along Stubbs Bay Road are subject to significant utilities easements in which are placed the Maple Plain sewer interceptor pipes. As you may recall, those utility easements in total took up one of the most promising places on the Fulmers' land for their drain field, namely the area west of the house LINDOUIST & V E N N J M Orono City Council November 7, 1986 Page 2 toward the intersection of Highway 12 and Stubbs Bay Road. Over the last six months the Fulmers have patiently we-ited for this unfortunate dispute to get resolved. They brought to your attention more than once that as they have gone forward in their construction project, approved b� you, they have come to a number of places where significant money could have been saved had the sewer hook-up teen been allowed. At the present time they are in the position of having installed in effect dual plumbing systems to allow for the sewer hook-up when it is finally approved. They �.. e gone aloha with this double expense trying to avoid ing a situation wh.1ch is awkward for you with regard to the C even more awkwarc, but at the same time they do need the sewer hook-up. It's our understanding that the council has imposed a moratorium on Highway 12 projects, though it has granted a number of variances from that moratorium. The purpose of the moratorium was to allow a study of Highway 12. It's our understanding that the study has always concluded that. the Fulmer property as an existing property with a sewer problem should be allowed to hook up to the sewer and that the only real issues in the study were other areas along Highway 12. Given that you have given variances from the moratorium for construction projects and that this site has always been one slated fcz sewer according to previous studies and the present study, it's our hope that you are now in a position to conclude the matter with the MWCC to allow the Fulmers to hook up to the Maple Plain sewer interceptor. In terms of practicalities, we understand that you have two meetings in November 1986, you have one working meeting in early December 1986, and it has been your practice to either have no second meeting in December or at least to have a very slight agenda. In the case of the Fulmers, it is necessary (in our view) that quite a number of things happen between now and the first meet.iny in December 1986 so that you may take the action which we unuerstand you have been waiting to take pending the outcome of the study. It's our understanding that you need to have the study concluded and have the city council accept the study. You then need to lift the moratorium. Next you need to amend the comprehensive plan and qet the plan amendment in to the MWCC. If your view is that the study is not complete, then we would like LINDQUIST & VENNL,M; Orono City Council November 7, 1986 Page 3 you to give a variance to the Fulmers as you have given to others Lo except out their building project and their sewer hook-up project from the study and a variance from the moratorium so that they may go forward with their project. That council action of allowing them a variance from the study and the moratorium would then be accomplished by the amendment to your comprehensive plan to allow the Fulmer property to hook-up to the Maple Plain sewer interceptor. That's the second way this matter can be concluded. The purpose of this letter has been to summarize the situation with regard to the Fulmers as a follow on of my letter to you of August 8, 1986 and our council appearance in 1986. Time has gone by and time is now short to complete this project in 1986. Please consider the matter carefully and I trust follow through on doing the things necessary to be done so that the Fulmers may hook up to the Maple Plain sewer interceptor bearing in mind the short time frame within which these things must be done. Thank you for your consideration. Very truly yours, LINDQUIST & VENNUM Robert G. Mitchell, Jr.�,, RGM:mes Encls. CC: Mr. and Mrs. D. Brian Fulmer LEONAPC L L'NDC,IST POh ALC G vANIIN( LI(UR[SE ♦ ACKNAh JOFw S W'.A STON YADNUSON LAIJRA%C[ P wALOOCN C DRALCE WAPC r OLCKIMOA M,C.APC S SCLUN YELV-N OPENS T(,w TFOMAS F OAPR(TTm post P' J SF[p AN DARv,E ; U►FOrr ISRAE, C fPAWCTI1 DAVID - DAV[NpOPT t UGENE .EATING MApf p JOM NSOh JAPES ► NAR71NLAl' p,CFAPC A PPI LITF P IC MARL _I rITE a AALC p WALTER SACMNAN PF�L,p J.ORTMUN ltrr PE• p SCFNIDT JCFh A rORRt ST TIYC.n F SUTL[P W'�LIAY E KOR POSE RT G Y, TCF(LL,JR J[PPc-C 1.61 :GrA_r r YICNA[I CAC' W'LLIAV • OLAN J OIL COST;[• DAV:C N-CSCOOfr p.RL , MAPTMAN JOnN F.STPOTMr AN JOSL►F . go L[R DAVIC G NtWnAIL NAP• [ CV 011N RU pTI6 A OR[ [N LtT MICr.ARC. D.YCh[IL MODEST V AT NOR( DONALC C SWENSON PATRICK DCLAN[r JAMES P RION OWARC J. RAUffNAN ST[y[NI JOMNSON August B, 1986 LINDQUIST & VENNUI' 4200 IDS CENTER MINNEAPOLIS,MINNESOTA 55402-2205 TELEPHONE -612, 371-3211 TELEK 29 004-4 TELECOPIER 1612 371-3207 CABLE LINLAW NO, NEAPOLIS WAVZATA OFFICE 74C EAST LAKE STPEET WAvZATA,MINN E SOTA 55391 Orono City Council City of Orono Post Office Box 66 Crystal Bay, MN 55323 WRITER'S D-RECT DIAL NUMDEP 473-4208 Re: Brian and Cathy Fulmer 3505 W. Wayzata Boulevard Long Lake, Minnesota 55356 Ladies and Gentlemen: R IC HARD NRIG MICMAEL D O,ArSON R ODtpIC:I.NA.Cf[N21L SUSAN [ SAp NES ♦MOYAS G. LOV['T nE JOCI F DR[[N DAVID S VtscO[ DAVID L NALLC'1 L TNN N.ANO[P!!ON S•E V[N C PAU TMONAS E_GLCNNON CMARL(S M WEAVER JR PENCE J. S[LIG ANN PI PAPPCNT TEP[SA S SONNEP D DAVIL.SASS[v,ILE JONM R.NOUETOw DAVID A, DONNA DLN MIS r. O'r A.LC♦ DENISE C Pt-LLT EDWAPD J. WEG[RSON JONA'MAh M III,[ DANIEL J. SMCpAN TIMOTN• R SALP DAVID A ALLGE-Cr •INC'F• S. ML.NTCE G-EGOPT P N��-CA - PCSCp pAJLSON. JP TERRENCE J rl[r,NG ICSEPF A.1nONSOh I. Vol ENO. PICFARD T.OfTLUND D[SORA. IN ROAN Of COUNSEL IN ARTIM P POS[NSAJM MORMAN L Mt WMALL ELIMOR C ROSENSTEIN p OSANN[ M. WIRTM R[TIA[D O[SRA R. PAOE "COMAS VtNNU. From, time to time we have represented Brian and Cathy Fulmer and at long distance have been generally kept aware of their efforts to ameliorate the sanitary sewer situation at their home and business on Highway 12 in Orono. I'm writing on behalf of the Fulmers to summarize their position about the pending sanitary sewer matter. It is the Fulmers' position, and they know that it is your position as well, that there is to be no major extension of sewer service west of Old Crystal Bay Road. They also know that you are in the midst of an intensive study of the sanitary sewer system for Orono, other facilities for Orono, and at the conclusion of the study comprehensive changes will be recommended regarding Orono's land use control ordinances and including the comprehensive plan. While it is in the Fulmers' best interest that their sanitary sewer hook-up be made an exception to the completion of your study, they under- stand that you are reluctant to make such an exception. From my point of view the sanitary sewer situation with regard to the house and dog kennel facility at this site has existed for many, many years. At one level one -could claim that there is something of an emergency requiring a sooner rather than a later hook-up. In addition,for reasons relating to ameliora- tion of the neighborhood situation and the safety of 1 ;s, it is hoped that the new facility for the dogs also can ne put up sooner rather than later. Therefore, on behalf of the Fulmers, given all the facts and circumstances of this unusual and unique situation, I would ask that you make an Exception in the case of their property and allow them to hook-up to the sewer on an emergency basis im:-,lediately. LItVDQUIST & VENNUM Orono City Council August 8, 1986 Page 2 If you do not see your way clear to making this exception to allow them to hook up or an emergency basis, we would at least like to ascertain that the approvals heretofore given to the Fulmers for the construction of their new dog kennel facility and the.hook-up event.ially to the sanitary sewer syEtem will be forthcoming once the study is completed, and the formal chan,es made in your ordinances and in your compre- hensive plan as reviewed and approved by the Metropolitan Council. I ask this since there is in fact a sewer situation at this site which needs amelioratic- and the Fulmers would like the assurance that some additional patient waiting on their part will ultimately bear fruit. Thank you for your consideration of their request. Very truly yours, LINDQUIST & VENNUM /C� ��_'K_' Robert G. Mitche,Jr. RGM:mes CC: Mr. and Mrs. Brian D. Fulmer LaD-mn f-,a:; t,1.;,1tU;ly IItt:r.6t.0 brono Cour;;iI rnul�ting5 and ild$ cor,,municalc.d rrith the resid-n.ts both on general matters and on specific 'leighborhood concerns. Her thorcugh going study of issues is always factual and not suparticial. Please join us in voting for Honesty, open and fair representation for all of Orono's citizens. Vote for LaDean h1cKiliams on November 41h. Mr. and Mrs L.J. Symoniak Orono To The Editor: Please join me in voting for Barbara Peterson for an Orono Council position. Barb Peterson has demonstrated a sense of re:;ponsibility by faithfully serving on the Park Commission for the past eight years, as both a member and a chairperson She has contributed her time to Orono school activities, as well as coaching. She has the knowledge and the high idealism that will make her a ZI v'uti i� udri iwr, to tho Orono Council Vote November 4th for Barb Peterson. Robert and Katherine Tschida Orono Letter From Jerry Rockvam Dear Editor and Residents of Spring Park, I'd like to take a few minutes of your time to express my sincere appreciation for allowing me the opportunity to serve as your Mayor for seven full terms. Together we have been through some difficult times and I feel we (your city council) have solved some very difficult problems. I'd like to update you on a few of the major projects your city council has completed in 1986. 1. Lift station #5 has been completely remodeled and paid for. 2. The last payment of the 1964 bonds for the original water and sewer project was made in February of 1986. 3. The "Spring Park Beautification Plan" is now a reality and a comprehensive plan has been adopted by the Beautification Committee. 1986 examples of beautification are: "as diseased Elms are removed, new trees are being replanted by the property owners with some financial aid from the city. ' The planter on Spring Street was completed. ' Ideas are being solicited for the beautification of County Road #15 when its rebuilding is completed in approximately 1989. 4. Spring Park has one of the finest, most detailed accounting systems for a city of its size in the state of Minnesota, to eliminate unnecessary spending and keep us on budget. 5. The new iron removal plant is on line and working so well it is having a loosening effect on the iron build up in our water mains. 6. Our water and sewer accounting and bi' .ng has been computerized, saving time and tax dollars. 7. The assessing contract we just signed with Hennepin County for 1987 gives us a professional assessing staff at a very reasonable cost. 8. The accounting to budget detail and regular patrolling we are receiving under our police contract with the city of Orono has been excellent. Our patrol coverage is way up and the costs are being very closely monitored to stay in line with our budget. We are receiving more i2atrolling per dollar than at any time in the fix,, h- istory. The police contract for 1987 is LESS than the 1986 one. 9. The city is in excellent financial condition and growing at a steady rate through redevelopment. In pointing our these a, complishments to you, I would also like to make sure that in no way do I want to imply anything other than these projects were the joint efforts of your city council, city planning commission and a very professionai city staff working together to serve you, the citizens of Spring Park. In closing, I would like to strongly solicit your support for another teirll as your Mayor. If this is your desire, I will continue to strive to endorse and support your programs for a better Spring Park for all of us in the years, to come. 1 hanks again for the opportunity you have given me in past to serve as your Mayor. It has been a sincere plea"iUre. Jerome P. Rockvam Mayor, Spring Park f FURNITURE RESTORATION 712 HAMEL RD IN NAY -'DEL J� bl��t Can. idl�lt A: a4al� .1 MR. & MRS. RICHARD ZIMINSKI 1005 BROWN RCAD NORTH LONG LAKE, MINN'ESO T A 55.35G y&ve"d.3 i9t6 LAKE MINNETONKA CONSER'.ATION DISl� 473-7033 L.M.C.D. MEETING SCHEDULE November -December 1986 Saturday 11- 8-86 Water Structures & Environment Committee 7:30 a.m., J. J. Hill's Ironhorse Inn, Wayzata Monday 11-17-86 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Wednesday 11-19-86 Public Hearing: Liquor Licensing 7:30 p.m., Tonka Bay Village hall Saturday 12- 6-86 Executive Committee 7:30 a.m., Park Bench Eatery, Spring Park Wednesday 12.10-86 Public Hearing: District Mooring Area Policy 10 p.m., Tonka Bay Village hall Regular Meeting, Board of r r-:,ctors 7:30 p.m., Tonka Bay Villab,. Hall D 0 3 10-31-86 w4A Msnnsp m hVOGA isrslcsi plonnln9 ►000d 4100 veomm eveave mvthg A. looll peek, m1finsioto $5416 sit sAAspIA •!O-5555 "son Dear Friends: We can't count the number of times people at community meetings have posed the question, "What can we do to save families?" As policy makers, therapists, teachers, volunteers, religious leaders, mothers and fathers we are all doing the best we can. Now we have help. Just as the Illusion Theater made working with sexual abuse prevention a bit easier to discuss with its productions of "Touch" and "No Easy Answers," their new play "Family" seeks to do the same for violence within families. West Hennepin Human Services Planning Board is proud to be a co- sponsor of "Family," a free performance by the Illusion Theater on Monday, November 10, 7:00p.m, at the Eisenhow-.r Auditorium in Hopkins. We want to extend this invitation to you, your family and families with whom you work. You are guaranteed an informat.,e, entertaining and thought provok- ing evening. The play challenges our ideas about families, looks at emotional as well as physical abuse and makes us think about what each one of us can do to make families stronger. By treating issues like anger, self-esteem and communication as interrelated parts of the family structure, the play seeks to encourage creative problem solving. Music, slides and humor are used to make points clear to the wide age range of the target audience: children, teens and adults. Please reserve the evening of November 10 for"Family" and pass the word. Sincerely, Susan Morrison dent • Mar Sha iro Exe _ �e Director �1� s OCT 3 0 '�,— A DRAMA WITH A MESS iU',S EVER o E-i,-;cnhc-)wer Commu Ili v -2-1 • 1001 State Highway 7, Ifopkin-, o 7:00 p.m. Monday, November 10,11i e Free Admission Presented by the award -winning: QUI :o-sponsored by: Made possibie Financlar r VsEST HENNEPIN HUMAN SERVICES PLANJTNG BOARD WnICLAND GROUP AWL ,tion bn behall COS r Shearson Lehman A MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON OCTOBER 13, 1986 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, October 13, 1986. Present: P�•e McKown James Franklin Thomas Mich Anderson John Maresh William Fenholt Kitty Crosby Lucie Taylor UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the consent agenda was approved as follows: - approved the minutes of the September 22, 1986 regular meeting; - authorized the filing of an application for funds provided under P.L. 98-377, Title II; - approved the Treasurer's Report for June, 1986 - approved the bills as covered by vouchers 052641 through 052790 (052791 through 053000 are manual che�,K:) and 053001 through 053128. Dr. Mich expressed appreciation from both Catherine and himself to the Board for the reception on September 30. He stated that it was an enjoyable time and they felt very welcomed by the people who attended. Dr. Mich reported that enrollment stands at 2005 as of Lctober 1, 1986 in com- parison with 2008 at this time last year; that November 17-21 is American Education Week and more detailed information will be provided at a later time; that congratulations are in order for the football team on their s'-Ccessful season; that Susan Diane Wegner, 11th grader at Orono High School, was ,med by the Minnesota Music Education Association to the All State Band for 1986-87; that the MSBA annual meetii.g is January 18, 19 and 20 at the Minneapolis Auditorium; that an article in the PIONEER last week provided information to parents regarding bus safety in our school district and also that a coffee will be held on October 14 for the bus drivers in Orono; that the vote with respect to the sale of the HTC West Campus land was taken on October 2 and the land will not be sold until a plan for service to the western suburbs has been developed/approved. A letter of appreciation on behalf of the Board will be sent to Marge Gasch and Marvin Johnson for their concern/efforts in this area. Lucie Taylor stated that she had received a telephone call from a parent expressing appreciation to the Board for placing a part-time coordinator for gifted and talented in the elementary school. John Maresh requested that the amount of time provided for math in the Inter- mediate School be checked. Dr. Mich will follow through with this request and report back to the Board. Bill Fenholt reported to the Board regarding custodial negotiations. A mediation session will be held on Tuesday, October 28, at 9:30 a.m. Mr. Fenholt stated that there is still a possibility for settlement outside of mediation and the Board will be notified if/when this occurs. UPON MOTION by Don Anderson, seconded by Lucie Taylor, the Board adopted the following resolution regarding indemnification of School Board members and administrators: Adopted by the Orono School Board on October 13, 1986 BE IT RESOLVED by the Board of Education (the "Board") of Independent School District No. 278 (the "District"), as follows: (1) To the fullest extent permitted by law, the District shall indemnify and provide defense for any person who is a party or is threatened to be made a party to any threatened or pending action, suit, or pro- ceeding, wherever brought, whether civil, criminal, administrative or investigative, other than an action by or in the right of this District, by reason of the fact that such person is or was a member of this Board, administratir, principal or assistant principal of this District, against expenses, including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding. Indemnification provided pursuant to this Resolution shall continue as to a person who has ceased to be i member of this Board, administrator, principal, or assistant principal, shall inure to the benefit of the heirs, executors and administrators of such person and shall apply whether or not the claim against such person arises out of matters occurring before the adoption of this Resolution. (2) Indemnification provided pursuant to this Resolution shall be deemed to be in addition to and independent of, and shall not be deemed exclusive of, any other rights to indemnification to which any person may be entitled by contract or otherwise under law. However, an indem- nification realized other than under this Resolution shall apply as a credit against any indemnification provided pursuant to this Resolution. (3) The Board shall provide a defense f6r any such litigation and retain attorneys to advise and to defend a person in the event of litigation covered by this Resolution. The Board retains the right to approve 'r contest payment of any legal fees, costs and any settlement a.(ount or Judgment. The Board shall control settlement negotiations, if any, and shall determine the amounts, if any, to be offered in settlement of such claims. Nothing in this Resolution shall limit the right of the District to require compliance with the pr-)visions of any applicable insurance policy, including without limitation the right of the insurer to select attorneys to represent insured persons. (4) Any attorney performing services pursuant to authorization under this Resolution and any person indemnified pursuant to this Resolution shall not have any authority to commit the District to make any such payments and shall not commit the District to pay any sums. Any sums to be paid by the District shall be paid only upon a written resolution of the Board authorizing amounts to be paid by the District or by order of a court of competent jurisdiction. (5) No person shall have any right of indemnity under this Resolution until the Board or a court of competent jurisdiction shall have made a determination that such person has complied with all conditions pro- vided by law for indemnificaton and that this Board reserves the right to amend or rescind this Resolution at any time without liability to any person except to the extent such person has theretofore incurred expenses in reliance on this Resolution. (6) The Board may, in its discretion, determine to provide indemnification to a present or former offi:er or employee of the District whose posi- tion is not within the scope of this Resolution, on a case by case basis. Warren Nelson, Middle School Principal, reported that the Middle School is not the same as it was a year ago, the physical plant has changed both inside and outside. The Middle School is now composed of grades 6-8 and is housed mainly on the second floor. There have been curricular changes as well as significant reduction in class size with the addition of two faculty members which has enabled greater individualized attention. Mr. Nelson stated that the atmosphere is upbeat with wie faculty expressing gratitude for the final way the window project is turning out and appreciation for the contractor's attempt to accom- modate the faculty as they teach. Interaction has resulted between faculty and administration relative to changes that need/should be made. Mr. Nelson stated that he has heard and seen expressions of unity because of the proximity that has taken place on second floor. Departments/areas in which changes have already been implemented or are in the process are: new programs in the guidance department; improvement of the individual educational pl in the spe- cial education area; new -rovisions for mainstreaming gifted tuc and addi- tional teams participating in the "Odyssey of the Mind" program. Or. Mich informed the Board that the process for evaluation of the NCA Report will be for each principal to meet with their faculty and discuss the recommen- dations. Discussion/decisions regarding faculty input will take place at an administrative meeting and ; -ninistrative recommendations, which may or may not always be in agreement with raculty input, will be provided to the Board item by item for perusal. UPON MO MN by Lucie Taylor, adjourned. A;;oroved: Dave McKown, Chairman seconued by Jim Franklin, the meeting was 1 Kath rine P. Crosby, Clerk DA'( cA¢E cyictZYs�Nrmrj%j . KCD dA AV.&AW G4aI `'tlr-r—Ad 1 MNG a 12sow, 3o Ptes�%4COL. 3 ¢ ie��r 55u�r $ IN FINTS 14-T000�6as _ 5 . 700Iq I S I-►TC.IaLCEY L7--"o�ednl CMOO I 11, Jo-� Ir. .•p: nv. a,.nrd .f% t-Ql7 2 F L %tom Sh4 � M/NN♦eSe�� . eq/!L_w.d,s�ste wo s.+►r.r�s a� �1M At.T iMl-�44:5� WD TLV SSBy Div �6 _ ia�i Q 1�r o+b bTuo i -c W[� C ACRE _ — Cs►AR.- LAP L11064 -IT I� sow � 1 ♦' — - 1� `-- ��QUT 1� F LEyA i IDtiI rtLl- W INObW : O{t f►c.%- et rra.ioTC 000a. rise 000a.� `t F r E�;T oNI �WPsTEIF`' 51QCO-PP % nne WUM�h INI 11�'�mt->vIM �nY EYftt _ — +VATM_ nwn xp.w�M Er r�A I egMsim .nd tNt 1 � � wM IIpWuN 9/lo/SG 11j1i.. `l �l-+aJ�ly f�'.V ti. F11�f-.� �L�� �VAZ�N pr wu'�a/-ia l.! 0 • 711 F� C�Ns P. M'c 875 w WAYZATA �U:i'v-iA ls Aj d Oec7Nv, — M�N��:G �S v 1 � , •= GM I.Iw l.. l •�I IL F G •�• G " sI '1 I 4 \� TO»., OVZ7IPB ��-�+�i �rzF �..42eo d'=Bi GMt1_prtty L1'h•A wl�•� z _ -_ — _- _. __. ._. _ . ' \�- t:4't pc� Sac+N i 1 1 ell Ido.s�a' cola. ins i j i 1 6 0• • 7� O` I LONE. Mpp rAc N •�1. :�2oPo 160 11u.1 )1N 1 - 9 d.o•,.\d cowl P1Mp V - - _._� I � z ` '' W►SNfiD 4Q•I.V Its J. I{— QS6fA A•ND NuLGN ANZ j yq{� 1 � —� L E•. Ge .xJeub - _ (•20'•O L6V1\!Oi `�k: '��.�rily. �, G fi G 1•l��.t��tY va j i �:. - i r) ' I I I •. j i�..i •nwol�cs � a C oumcd «m�.l �fw., Iwa`.alad I------ 9hd`t vskusy F't_ j'1ti'C'.dSZE. uprM J IN1 1 am . t Re LAv-►DSGOPI N 4 ism �Y 975 Ih NA'(ZATA 15OULF-VAZD 000f:l^ iV11T1t�i�%DYt� DEPARTMENT OF THE ARMY 13 CAUL POSTDISTR' T. CORPS C OF ENGINEERS MHOUSE 117a U. •. POET 7FflCE & CUSTOM MOUSE ST. EAU MINNESOT^ 55101 { up REFIY TO _r�Lt 1 J 1 ATTENTION OF: Construction -Operations Regulatory Functions g&— l40'W -,W bQri Ivl1.IM no �;"q� 'Z"Jd- 81 ✓d. el Pe: �,,� i alt e p +er n. V►1 nnta�lol 3� ! n�ioS SEC 361 (IJB�11 Q (�voh,o � Wl.irt,ne5oirx . .4.d tic He have reviewed the .nformatic_ provided ue concerning the r-v-s--1 pert above referenced project. The work you propose ec the location-7 stated above is authorized by an existing nationwide Department of M t or.o the Arm. permit, provided the work, described in enclosure 2, is accomplished in couwl.:nc with the enclosed conditions and manage- ment practices. This determination covers only the project referenced above. If the design, location, or purpose of the work is changed, you should contact us to make sure the work would not result in a viola- tion of Federal Law. L. telephone number is 612-725-7557. This authorization expires 22 .. my 1987. 't is your responsibility to insure that the work complies with the terms of Lhis Is er and the enclosures. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL OR OTHER AUTHORIZ1,T1CNS. (({� A.� If you have any questions, please call l&I`01 F U-01 l�Sincerely, Enclosures`�� ZZ Marti a HcC le" eL� ief, Regulatory Functions Branch Determir�[ion: Construction-Ope ations 'ivision 33v. 5Ca) (24 ) (,' ) Ajo.YC: /(eVI'Sed 11eYL aL)6o LSV e.v e,4 loJ D_}<r M. III P�'l a ao. s (aL) (z(,) C -) . 1�o-J -D Ya1 I C, � // / CCo�a9iSh i?�ol _i✓MC/%a/3rPMe ------------ 1Mt part of se Satr•f INI he It Le r swtifR M. Us" u R .ru. Rafe " •- sd YI• q.I 1r/f/r♦ I,Nri•fe a hlfff ly it~ii �YR.-pi tej il ua M Ye : SN. MIT so F --- fMara the two ■ .t tr r r.:, tm or..e BNl\9r: wr fy YM� W .1 ! 114 W r S hVil -- tM rf t of EA+: iru f1i f4 cle.%' SLAM 4Y/1+•. S. If. .14 c 5,� PA~ iY17•O �! - WAY frtr Ir/. IS. tvtl.rl9 M. 1111 �S .f ■ 1 NE R Al L !ri y .r u . fwl.t •tft.ft >RB iwt TV RVo . qa rt � tr�.as I If L of : th E: af.[f 1119 walk nn r tlst�t _ _ ELECTRIC THE b_ 641.s !ram I" S )in .f so" S¢ttr R, a .ista ,i MUM gre.t Y 1 .1. f beflaely. 'A ER LY thwt 1 sr FOR ues11 sEl .pt of ..,Ilw of tII.W4. Lfrt 41ssi�V� m W, RI, ROAD of ur clot of e w Ii.e .t tr Great Bar, ra.7 -�.A• L 1 N E um uc L E PARCEL .ILEA: oDa.w .Ec. ,.c1.BM orr,Of i AREA LESS PKIL 7.Oo Ac. —E - :-----_-- GF mod. >yt f/.77r /N�' a • 9.l e/ �-- PRWUTY Lit \ — miia Uf[ ^i-Y Sl• .>.r• sro7 Euullw rf.J. - a 9f. • SIG", 1plFBt I Y. LOB PIK IfT elm et a •,., � sfu � r 3. j° y •• J � \ \ ! _ - JN; ♦ c' Jf a c! -t: dt _ n .1 - � � /� •` -r WETLAND e0;1 :.e' - •' rY +,,. •.t �•� \ E. .. ...-1 11, ntlef .... � 1�\. °r "�••.�' _ rOti � - • .. - �., .<E.. - +:. .\ \\ J ;i' a°�io��ilC2ut71 d-• ' +� � q�. 1 s I I FINAL ?2o�p.� Qq, O10 eLs'SeD LL-LqI ,k,� r r- , Jf Jr^ J`. '18, .P 2i +1 if- y -S� •s M"SIB . .011..i (.EAS) '0. os <eES1.- - spiES: G�enLtl.n a/ UPI oear�nq rfte If uar0 tees I—" u•. yen o,- •I teeet tt bmtlt of a tl tit oplaio. r y-eftef abs—ct. Ellto Ife utl.Ml Gt ll[ ,Mlul Oat f+ I K,D-19291, BEbCG WAS: UfiS Offt stayee Y111 at aorteeast <o r.er oI rRll roan Orlege o•er . erl trefa. O.7 •Ile east •lsy RBI. lr.c Et fret debar if Loy if Rf. fle,ftlee f72.0 ft. (•G90-lfgfi Cb Uelel fee.rf K nortbest rrtH of r.lireae %ff.el between two tretl_, lOOr41'.Ntfl, 1000 /t. east of .rlefe. f ta•Rtf on 97i.I1 it. (BGfB-1f29I 1 r� 1 • ' T}1 I CC'UA'lt�• 29 - - - - y!i T.Is bpelOAr, —M erAw,y s..11 ra•Rt- M • I.Wtf .f 6., 1N,er BA Coro. An, reiReru_t+or OF esf .f aft el a. r+tfso.t slit:' P,r.lfsft or W .b a tntioHA wq. . 11 rot a allteee. —br M e,< trll .ntl lle st lie•e ,ertt'etf —0. to all .atfes ta.fee by svo .ee /n .,+•q T-efaratia. c.a.Vn. oath to r.p ."- aM .ttort,'f fees. OCc:%-a.v SURvfY rcc I IS e.,. p � - - - . - HEN'.:' L BUSY BEAVER DAY CARE —)RP ..ne o I T� mvn�& fCLLARMK EDGINEERING CO. 213 Man METM MOKUM. MSITA iM SU l "A,,!w .11 —T —1 1 stc 54� Mi W 23 co-1v J-_�"__ �,��� 'm%�i %//�l�i/fir/%// j/%�"'S�i:�/ t\\� � \\� Vk P '14 A - :",f 0. o".0 �em.pv.. f-0 "" GRADING AND DRAINAGE PLAN FOR JOHN F. DOUGAN IN TRACT A R.L.S. 1447 HENNEPIN COUNTY, MINNESOTA IS 33 33 W. on ej ,s ���_•11��_ ` r 33 33 ✓� r� \\ \ �.�1a� Z� \ \ T:E6\ i \ e 396.61' Scale: 1' = 40' Date : 8 - 6 - 861 Re%, to.3 -&c, Datum: Assunr4 I&W Spot elevation N.4µ L Cher! -der CAA C,y� Ra. •�s 2• W�Ler w.0 sPP�Q ever �Idac m and 41e.a greq amd "'A neh On rlT. COFFIN & GROMBERG, IMC Engineers and Land Surveyors Long Lake, Minnesota Nole. (cord.) S. A1\ e1\s�.,rbad� tps slle\, �IAIfOwI•uwYb I II 517E :�,_A11 x...c •- 30'0• ��2'rb' [117eC tI!(D I/�P �rR 12' GCLYR I.fL 'SfL'YrGC _ rl ZxIC •IC �JfR1f1C/lL TCJ-'RO i 2i.c• �lp>C -¢o ell: �Z-2•tif: lltMt 5rFA9 I! H'r�ec� sc�.ae dR U'� RrJT •YrIR N Z•x L•c:lY¢R.+� K U- isRWRAIw�(Yw ��� - �{ T-11C� Y/ wpA °lip l i.►2 'K'- Z I I —r♦-—.._—y.-.� 9�� � fee ti'�0.. 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M 1 \ful I I Lem". wwDfloe I MwrT .1pee \ • � . L.i T.ni J. Y� •�fr MT��ff fa•rn WET f�/wl 1A� - ♦K .fit• s . �w4'a lC/+ ou b_�« [t ICY 011C tMIYY cT.ril --r-t=xrr vsoc ram—' e-Tbv.:.- xt fXbP•r eau. -- T. I -I o�oUTH E.I EVAmon ; OfI+L' YDI- I _moo clv AOOITIOwS AMD aLnwAiww TO �� TMI w!!IC]wcv Of 1, wi MK.a MRS. R°:;NARD E. BROMIM Mri OpOw O, ..M[YOTA ara WA' ER K• GERBEP &J- 1 w Wlw.l dam ".01mm