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HomeMy WebLinkAbout11-23-1987 Council PacketAGEN A OR COUNCIh MEETING SET FOR MONDAY, NOVEMBER 23, 1987, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available ir. the Pibl is Packet whiglar•may ,be; obtained upon request trotr, the Recorder. I' ' ROLL CALL 'f I 1. CONSENT AGENDA* 2. Orono High School Football Teem - Resolution of Congratulations 3. PUBLIC HEARING - Woodhill Avenue Improvement 7:00 P.M. APPROVAL OF MINUTES * 3A. Regular Meeting of November 9, 1987 LAKE MINNETONKA CONSERVATION DISTRICT REPORT - Jo Hurr Representative A. Comprehensive Plan B. Executive Director Search Status C. 1988 Legislative Package PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #643 Bruce Curtiss, 1920 Fagerness Point Road - Consideration of Variance Applica`:ion 5. 01104 Greg Perl, 309 Westlake Street - Variance - Resolution 6. #1107 Lewis/Trettel, 475 Linder Avenue - Variance - Resolution 7. #1171 Landmark Construction Inc., 3820/3830 Bayside Road - Preliminary Subdivision - Resolution 8. #1187 North Arm Estates Association and Victoria Estates Association - Conditional Use Permit/Variance - Resolution 9. #1203 Lehmeyer/Madden, 320-350 Crestview Avenue - Lot Line Rearrangement Final Subdivision - Resolution 10. #1209 Tina White, 2150 Prospect Avenue - Variance - Resolution 11. #1211 Gerald Neslund, 1225 Orono Oaks Drive - Conditional Use Permit/Variance - Resolution 12. #1215 Smith Bay Marina, 1955 Shoreline Drive - Conditional Use Permit - Resolution 13. #1219 Orono Community Church, 770 Old Crystal Bay Road - After -the -Fact Conditional Use Permit - Resolution 14. #1224 Minnetonka Boat Works, 1449 Shoreline Drive - After -the -Fact Conditional Use Permit/Variance - Resolution 14A. # 12 20 Robert Koehnen , 537 Hanlon Avenue - Variance - Resolut icn MAYOR'S REPORT CITY ADMINISTRATOR'S REPORT 15. Final Plans/financing Alternatives County 1 16. 1988 Fee Schedule *17. Tax Forfeited Properties - Renclutions *Iq. Animal Control Contracts - 1988 *19. Uncollected N.S.F. Checks & Charge :,ales 1986-1987 - Re:--nlution *20. Final Liquor ;tore Close Out Report AGE J- FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 23, 1987, 7:00 P.M. CITY ADMINISTRATOR'S REPORT Continued *21. Commendation Orono Iligh School Football Team - Resolution *22. 1988 health Insurance *23. 1988 Strategic objectives *24. Cancellation - December 28, 1987 Council Meeting/Set Council Mork Session Date *25. Administrator's Information 200 Hollander Road 1161 North Arm Drive 3536 Lyric Avenue 4635 Tonkaview Space Consultant ';tatus CITY ATTORNEY'S REPORT LICENSES (26*) BILLS (27*) ADJOURNMENT 111b87.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratooit� DATE: November 13, 1987 SUBJECT: Road Improvement - Woodhill Avenue Public Hearing 7:30 P.M. Attachments: A. Feasibility Study Dated 9/t3/87 - Follow-up Letter Dated 10/13/87 B. Agreement of Assessment and Waiver of Irregularity and Appeal Dated 10/5/87 C. Woodhill Avenue Project Progress Memo Dated 10/6/87 D. Public Hearing Notice/Mailing List E. Draft Resolution, Ordering Project ISSUE 1. Holding of public hearing regarding proposed improvement to the upgrade of Woodhill Avenue. 2. If deemed appropriate ordering in project. 3. Direct staff to establish elate for hearing for imposition of the assessment when project completed. INTRODUCTION - In order to pro,.4de appropriate access for the Wooc�hi 11 plat, Woodhill Avent— needed to be upgraded to handle the increased volume of t- _fic. As a result of this, a feasibility study was under. ren to determine the approximate cost. The range of the originial feasibility study had the cost of the project between $50,700 and $61,680 depending on the alternative selected. This has subsequently been amended as the original feasibility study submitted by the Engineer was done in advance of soil borings being done on site. Because of soil borings, it was determiner] that additional expense would be entailed in the project and the Engineer is recommc.iding a revised alternative If with some relocation of the road as alternative I is no longor cost effective. As a condition of the subdivision approval adopted on September 23, 1987 was a requirement that an agreement had to he reached with the subdivider regarding their s':are of this project improvement. Fol'.owing negotiations it was agreed that the developer and Wooehi 1 1 Country Club would pay 75% of the t{-)tal cent based on the original feasibi 1 ity study not to exceed 546,262. Between she parties they agr:.-r,rl Wo(,Ihill would ahsorb 3/16 of the coe and McDowell 9116. Ar suoh this represents 3 way for th(- special assessments to he spread up t,) the maximum ont 1 ined above. The City expedited its, cr,nsidl-r itjon and deterrination of th• appropriate amount for WoodhiII and the developer in order to allow the developer the opportunity to construct the road before the winter. This has been accomplished and at present the road has been graded with the initial surfacing being placed on it. It is anticipated that the second surfacing will he placed on it next spring. DISCUSSION Pro ect - The project has been revised based on soil borings with the Engineer now recommending a revised alternative IT. Any increase in the project otter the original tota7 sh,)uld be borne by the City. It is expected that the revised alternative TT will be below the original alternative I. Process - The following repro -lent- the process to be undertaken for this project. 1. Public hearing 2. Consideration and ordering of thf projc--t. 3. Project bi ':jing and award 4. Project construction 5. Project assessment in advance of October 1, 1988 Financing - As noted above the City has an agreement for up -to 75% of the original cost from the Woodhill Country Club and the developer. As noted in Attachment C it is the recommendation that the City take 10% of the cost plus any expense over the original maximum $E1,680. This leaves a balance of $9,252.00 to be assessed against the abutting property owners based on an equal share to each property. As such this would need assessment shares as fellows: - a. Jane Delaney, 1315 Woodhill Avenue - $3,064 - b. Mark 6 Mary Fox, 1230 Woodhill Avenue - $3,084 - C. Jane McClaren, 190 Orono Orchard Rd - "3,084 A ten (10) year assessment could be implemented with an approximate $3:.0 per year principal assessment plus interest. Alternatives - 1. The following represent alternatives the Coon-^il could take at this point. a. Not do the project. b. Order the project to he undertaken based on the preliminary funding plan outlined above. c. Order the project in based on .an amended financinu plan and assessment date. 2. Di c ect staff to set an assessment date in advance of the October 1, 1988 deadline for certification of assessments. RECOMMENDATION - To accept the revised alternative II for Woodhill p►oject presented by the City Engineer for the Woodhill Avenue Street improvement and to direct the City Engineer to prepare plans and specifications for the street improvements to Woodhill Avenue. It is further recommended that Council directs staff to set an assessment hearing date for an appropriate time in 1988. PROPOSED MOTION - Moved by _ , seconded by , To approve the revised alternative II presented by the City Engineer for the Woodhill Avenue street improvements and to direct the City Engineer to prepare plans and specifications for the street improvements to Woodhill Avenue. It is further recommended that Council. direct staff to set an assessment hearing date for an appropriate time in 1988. Ayes Nays Bonestroo, Rosene, Ande_ rUk & Associates, Inc. Otto Raa'urw,.PI GI,mm0 c-„oA Pk � /wy,h C Amalrrhl. Y k lAwnr. ! h.:.n Pt MIWI.,d A L.mb q. P k 2335 W. Trunk Highway 36 Engineers & Architects RwRerdF Trrm'r. P! m J frC LXsam. P! NuMr,G S. Arm. A,. Pk M.r.,mk Pf St. Paul, MN 55113 ck,mAV c Rr,rNd,. P c 612- Jetty A Powdum P E Mark A /loam., !• k October 13, 1987 7.d9 !a'W. Pf Mm4'f T. Rrr,wwnn. f' . Nob.., R /7r//6•0" P f City of Orono /Atrr10 CuJwr. Pk fhwmp M-. Pow. ,m, P f. BOX 66 Mnkvi 1)m,h. P/ Crystal Bev, MN 55323 A~ L *W. P! A.mmrrh P AAdnwA, P k Attn: Mr. John Gerhardson Ar„AA MhA~n.Pt A4,6 N NuI/t. P L— Rob'rr ( Mrau! A I A Re: File No. 13934 TAwmr,! Agw.PI Woodhill Avenue Street Imrruvements >,�„I ►yrnr rc (AWAnA f,.I„n I n. AI Prr.64, 1(wiaAM U6wm Dear John .Swam Af Ltwm, We have obtained soil borings on the Woodhill Avenue Street Improvement Proi- ect. The soil borings indicate up to 19 feet of organic soils in some areas. There are three options for constructing the street a3 outlined in the soils report. The street could be surcharged to remove the potential fd"P signifi- cant settlement in the future. The organic material could bc• excavated out and backfilled with granular material. The street can be constructed over the existing embankment with the use of a stabilization fabric. The surcharging of the site does not appear to be desirable as it would re- quire closing the road for approximately three months. The excavation of the organic material is a viable option but gets quite expensive. We estimate that this option would acid $75,000 to the project cost. Construction of the street on the exlstins, embankment would see..1 to be the most desirable alternative. The existing roalwav appears to be quite stable over this er,-a. We would not anticipate anv sipnificant change in stability as a result of f-he constr;,c.ion. We would anticipate some settlement in the street over a period of years. The rural design section through the low area will minimize the maintenance prob- lems for the City. This new soils information will require a change in the alignment from that proposed in the preliminary report. We were originally planning to wiAen the roadway to the north. We would now recommend that the new construction be .:entered on the existinv roadwa,! throuith the low aree. The project costs could he ;ncreased by in percent as a result of additional tree removal and restoration worts. If you have anv queti-fns, please contact this office Yours very truly. EONF.STROO, ROSFNE, AWDERLIK 6 AR'ZI'CIATES, INS . � - 4-4 Glenn GRC:Ii pile AGREEMENT OF ASSESSMEITT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT is made this 5th day of October, 19C7, between the City of Orono (hereinafter referred to z= the "City") and Woodhill Country Club, a Minnesota nonpr-,3fit corporation, and 145M Associates, a Minnesota genera. partnership, (hereinafter referred to as "Applicants"). In consideration of the action of the City Council to approve the final subdivision of certain real property lega.ly described in E.thibit A, -attached hereto, prior to the City's final determination of costs and assessments associated with the Woodhill Avenue upgrade and in consideration of the benefits conferred by such upgrade, the Applicants agree to ray a fair share of such costs as set forth below. The improvements to Woodhill Avenue (hereinafter referred to as "the Project") include an upgrade to a 22 foot standard fro: Orono Orchard Road east to its connection with the private road to be constructed to serve the Woodhill Ridge development in accordance with information outlined in the City Engineer's Report for Woodhill Avenue Street Improvement Project 87-3, dated September 23, 1987. In consideration of the City's action, Woodhill Country Club agrees to pay 3/16ths of the cost of the Project up to a maximum of $11,565.00. MSM Associates, also in consideration of the City's action, agrees to pay 9/16ths of the cost of the Project up to a maximum of $34,695.00. Although the final specifications of the Project have not been determined, t}tie foregoing agreements assume a maximum Project cost of $61,680.00. In the event the Project costs exceed $61,680.00, neither the Woodhill property, nor the MSM property shall be assessed any more than the respective amounts set forth above. Finally, the Applicants expressly waive objection to any irregularity with regard to the improvement assessments and any claim that the amount thereof levied against the Applicants' property is excessive, together with all rights to appeal in the costs. CITY OF ORONO jiamEks R. Grabek Its Mayo- STATE OF MINNESOTA ) ss COUNTY OF HENENPIN ) The foregoing was acknowledged before me this 5th day of October, 1987, by James R. Grabek, the ,•layor of the City of Orono, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. ' E,T7Y L. t�;lLI�7 r' HEN,::'';N (:O:JNTy Notary ubl lc 14y CC-M1jS;i�r, tRyi'tsF ril 17, 1 1991 -,.._t WOODIi I LL �-OUNTRY CLUF3 I3y STATE OF MIP:NESOTA ) ) ss COUNTY OF HE*IE_NPIN ) 1 t-q The foregoing was ac r�owlerigec3 before me this }� nay of October, 1987, by 1— atkz1'YZQJ, the -� of Woo(ahitl Country Club, a Minnesota nonprofit corpora' o1 n under the laws of Minnesota, on behalf of the nonprofi Corp ra ion'. �. T "4 r NCa'"J G• Not a, ry Public Exp res fto 23.1112 HS,d ASSOCIATES i STATE OF MINNESOTA ) ) Bs COUNTY OF HENENPIN ) The foregoing was acknowledged before m,, this day of O-tober, 1987, by _1��/�, thez�,G of MS:' Associates, a Minnesota general partnership un,3 r the laws of Minnesota, on behalf of the general partnership. ■ MN1M !' l � ,/%'1 Ultll►RINE t,'CS�M:t ota r Put s:••,^ 1..r NOTARY PUDLK;-V'?-%!SOT0' Y iy KNNEPiN LCUND M� C0Mjr" U0'1 ElDires jri 19 1 53 A5G2wMAP -- 2 EXHIBIT A and 12, "Auditor's Subdivision Nseber 307, Hennepin County, Minnesota", according to the plat thereof an Pale and of record in the offices ce the :ar of Titlea_ard the County Recorder in sad for said He nneparLCcxanty, except the following portions thereof: wept that part of Lot 11 in "Audito_'s Subdivision Number 307, Hennepin Canty, Minnesota", de-i, ribed as follows: Beginning at the Southeast corner .' Lot 8 in said Auditor's Subdivision Number 307, thence Fast alrutg the extension of the South lane of said Lot 8 a distance of 46.6 feet; therace arth parallel with the North and South center !ine of Section 2, To&cLvhip 117, Rw-%ge 23 a dist.ar::ae of 352.61 feet to a point in the extension of th* irtherly line of said Lot 8; thence Soutliw-sterly along said 'extended Northerly line a dist-w-oce of 49.83 feet to the Not -h--t oorner of amid Lot 8; tience South along the Fast line of said Lot 8 a distance of 310 feet to the point of besinniryt. +crept that part of Lot 12 in "Auditor's Subdivision Number 307. Hennepin County, Minnesota", described as follows; Beginning at the point of ,ntersection of the Northerly line of Lot 8 in said Audiwr's Suixiivisnoxn Number 307 with the North and South center line of Section 2. iowA%h.,p 11'. sage 23; thence Southwesterly along the Northerly line of said tut 8 to the angle point In the Northerly line of said Lot; said point deity 25.3 feet .:mot of the oast westerly corner of said Lot 8; theme Northwesterly 32.2 fret to a point 204.74 feet Southwesterly fri the point of beginning; ."since !:or theasterly 204.74 feet to the point of beginning. accept a tr.a.&gular tract of land in Lot 12. Auditor's Subdivision Number 307, Hennrpi:i County, Minnesota", described as follows: Begannurig at a �o:nt :gin the d_.viding line between lots 3 and-12 in said Auditor's Subdivisicn Number 307, which point mu 41.1 fort nroews northerly frto the rthteriy orner of Lot 4 in said Subdivision; them northerly ado ns the dividing line between sforrsa:d Lots 3 and 12 a d.star&.e of 79.9 feet to an ara-'e .-3int in said dividing line; thence at a right angle easterly among the divndirn= line bet�xen said Lots 3 and 12, a d,ntanae of 57 feet to sme ther -,nsle point in said dividing lin-; thence southwesterly in a straight line 97.3 feet more or less, to the point of beti:vung. 'Dept that part embraced within Tract A. RE)G7-,-r, iID LAND SURVEY ND. 15SG, Files of Registrar of Titles, Cvcrnty of Hennepin. A.J 'Auditor's Subdivision Number _37, Hennepin County, Minnesota :xcept that pmrt of said lot :0 described as follrwo: Lieginn" at the Southeast corner of Lot 8 .n "Au ltc;r's subdivision *Aster 307, Hennepin :anty, !lirnne-x�ta"; theM . _St alona Ne South line or said tut !3 a dlatsrnoe of 3:1.4 feet to a point in the :north end South center lrr.e of Section :. :ownan,p 117. Kai;ge 23; thesnc.i- `-ruth along the North and South center line of said Section 2, a distance of 114.3 feet to the Northurst our -tier cf Lot I,., said Auiitor's Subdivision Number 307; thence Fast along the North line of said Lot 9. a distance of 95 feet to the Nomhesat corner of said lot ther►,x Wirth parallel with the North and South niter line of stud Section 2. a distarwe of 114.3 fret to a pc:�t in the ertrsnaman of the South ll.i:e of said tut 8; thence West along said extended South lino of said Wt 8 a distarcce of 46.6 feet W. the point (-f 'anganaing. A:.O lot 13. "Auditor's Subdivision Number 307, Hennepin County, Minnesota', ^xcrpt that part described as follows: Beginning at the most northwesterly coroner of said Lot 13 1which corner is also the northeaster:y rcrner :-f LA.-)t I of said Audit-or's Subdivision); therxm Fant along the North line of said Lot 13 a distance of 25 feet; thence South parallel with the asst !;ne .if said Lot 1 a dissnoe of 157.75 feet to the easterly ext-mian of the south line of said Lot 1; thence west along &aid easterly extension a .1lstanCe of '-5 feet, more or less, to the cost line of said Loh 1 of said Auditor's " iivisioxn; thence North along sead east lies 157.7S fee'_ scow or leas, to the point of beginning, all according to the recorded plat thereof. 8i.3 TO: Mayor and City Council FROM: 14.irk Bernhardson, City Adminstratod01 DATE: October 6, 1987 SUBJECT: Woodhill Avenue - Fcoject Progress Attachment: A. Special Assessment Waiver Agreement - City of Orono/Woodhill Country Club/M.C.M. Associates B. Proposed Resolution Receiving and Calling Hearing on Improvement C. Notice of Public Hearing ISSUE 1. Acknowledgment of information regarding agreement between the City of Orono/Woodhill Country Club and M.C.M. Associates regarding their share of costs related to the upgrade of Woodhii' Avenue. 2. Establishment of the public hearing date for the ,-pe,7ial assessment hearing for the upgrade of Woodhill Avenue. INTRODUCTION_ - As you may recall a continge.;cy of the final subdivision for McDowell passed on September 28, 1987 was that they were to enter into an agreement regarding their fair share of costs for the upgrade of Woodhi l 1 Avenue. Based on the agreement the parties have closed their land saie e.,r. Monday, October 5, 1987. DISCUSSION - After a review of the project it was determined oy staff that the appropriate share between Woodhill Country Club and John McDowell was a total of 75% of the total cost of the upgrade. Between the parties they agreed that Woodhill :d share 3%:.6 of the price and McDowell would share 9/16 o price. This represents a waiver of the special assessment. In order to get thi7, upgrade project under way for construction in the spring of 1988 it is necessary that a public hearing be scheduled and suggest the November -3, 1987 Council meeting at which time the other three benefitting property owners can prc-sent a case and at which time th3 Council can determine their appropriate• share for the upgrade. Based on the ,% that has been agreed to by McDowell the staff's recommenda,.on that the City fund 10% of the cost (approximately $6,200 maximum) which is its foregon-^ share of the maintenance over a 20 year period and up to the alance of 15% be assessed over the other three property owners based on the amount of frontage they have c:!n Woodhill Avenue. Should Woodhill have to begin to use this a•:, their primary access it would require further upgra'e of Woc�ihill Avenue which would by necessity need to he borne by the Country Club. RECOMMENDATION - It is recommended that the Council accept the infor_mation regarding the agreement between Woodhill Country Club and the Ci ty as to their share of the upgrade together with establishing November 23, 1987 as the public hearing date for Project 87-1. PROPOSED MOTION - M, by , seconded by , that the Council accept the informariL rom Lhe staff regardi-ng Woodhill Avenue, adopt Resolution # receiving and calling hearing on improvement and establish November 23, 1987 as a public hearing for the project feasibility and special assessment for the upgrade of Woodhill Avenue. Ayes __, Nays __ AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT is made this 5th day of October, 1987, between the City of Orono (hereinafter referred to as the "City") and Woodhill Country Club, a Minnesota nonprofit corporation, and MSM Associates, a Minnesota general partnership, (hereinafter referred to as "Applicants"). In consideration of the action of the City Council to approve the final subdivision of certain real property legally described in Exhibit A, attached hereto, prior to the City's final determination of costs and assessments associated with the Woodhill Avenue upgrade and in consideration of the benefits conferred by such upgrade, thi, Applicants agree to pay a fair share of such costs as set forth below. The improvements to Woodhill Avenue (hereinafter referred to as "the Project") include an upgrade to a 22 Foot standard from Orono Orchard Road east to its connection with the private road to be constructed to serve the t-;oodhill Ridge development in accordance with information outlined the City Engineer's Report for Woodhill Avenue Street Improvement Project 87-3, dated September 23, 1987. In consideration of the City's action, Woodhill Country Club agrees to pay 3/16ths of the cost of the Pt-iect up to a maximum of. $11,565.00. MSM Associates, also in consideration of the City's action, agrees to pay 9/16ths of the cost of the Project up to a maximum of $34,695.00. Although the final specifications of the Project have not been determined, the foregoing agr-ements assume a maximum Project cost of $61,680.00. In the event the Project cos;.s exceed $61,680.00, Neither the Woodhill property, nor tl,�! MSM property shall be assessed any more than the respective amounts set forth above. Finally, the Applicants expressly waive abjection to any irregularity with regard to the improvement assessments and any claim that the amount thereof levied against the Applicants' property is excessive, together wit}i all rights to appeal in the costs. CITY OF ORONO By James R. Grabek Its Mayor STATE OF MINNFSOTA ) as COUNTY OF HENENPIN ) The foregoing w,- acknowledged before me this 5th day of October, 1987, by James R. Grabek, the Mayor of the City of Orono, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. Notary Public WOODHILL COU14TRY CLUB y Its STATE OF MINNESOTA j as COUNTY OF HENENPIN ) The foregoing wa; acknowledged before me this day of October, 1987, by , the of Woodhill Country Club, a Minnesota nonprofit corporation under the laws of Minnesota, on behalf of the nonprofit corporation. Notary Public MSM ASSOCIATES STATE OF' MItivESOTA ; ) 83 COU14TY OF HENENPIN? ) The foregoing was acknowle(lgot3 before me this day of October, 1987, by , the of MSM Associ;3tes, � Minnesota general partnership un� r- the laws of Minnesota, on behalf of the general partnership. Notary�u��ic - 4562w City of ORONO RESOLUTION OF fHE CITY COUNCIL piaJ , 14f , NO. _ A RESOLUTION RECEIVING AND CALLING HEAnING ON IMPROVEMENT WHEREAS, pursuant to a motion of the Council on August 10, 1987, a report has been prepared by Glenn Cook, City Engineer with reference to the improvement of Woodhi l l Avenue east of Orono Orchard Road, and this report was received by the Council on September 28, 1987. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the i;;,provement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement o` $61,680.00. 2. A public hearing shall be held on such proposed improvement on the 23rd day of November, 1987 in the council chambers, 1275 Brown Road South at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Council this 12th day of October, 1987. ATTEST: James R. Grabek, Mayor Doroy M. Hall1n, City Clerk ' 1U38"i .1 NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of the City of Orono will meet in the council chambers, 1275 Brown Road South at 7:00 p.m. on November 23, 1987, to consider the making of an improvement on Woodhill Avenue east of Orono Orchard Road, pursuant to Minnesota Statutes, Section 429.011 to 429.111. The area proposed to be assessed for such improvement is the property abutting on such street. The estimated cost of such improvement is $61,680.00. Such persons as desire to be heard with reference to the proposed improvemcr.: will be heard at this meeting. Dorothy M. liallin, City Clerk Published in the Laker/Pioneer r,,.:wspaper the weeks of November 2 and 9, 1987. of the COY41 Orono win meal in the come* lyme. 12YS brown Reed Seuth of 7 p in on 14" 6er 23. 1967, to Consider the rnak• Wd of an lmpfoVement on w ill! Av xw east Orono OrtMr or Orochard Road. pur jilisp M. SWon 429011 to 429111 The area 9raill i to be sewssed la ouch Improve roar* le the pr'operW ebulfn0 on fuch street The, Go"NO coat of such tmprovement is S41.000 Such persona as desire to be heard wah fMenr+oe to the oopoaed Improvement will be hoer* al this raestnp rn�o+ M Halhn Cie k (Pu0ltsr+sd to TM Laker ,oneer on Nov 2 d 9. 19e7 t pR@11aeIE NOV Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Min- nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. n, L B.) The printed N4.Tl`lz which is attached was cut from the columns of said newspaper, and was printed and published once each week for 2_- successive weeks: It was first published Monday, ,.1e _1 day of ._ .N %'V, 19 and was thereafter printed and published every Monday, to and including Monday, k the 9 day of N;,V - . 19 Author: ed Agent Subscribed and sworn to me a on this 1_. dey of r'1,11 19 fr.7 By .,,,.,,.Wtary Public ,wra •M+M,•M c qR� i H k. , �� �• . •tire+ a<•,R 3. Rare fnforrmirsOII "" " 11) lowest classi.',ed r.+te paid by c-rnmeraal users fof compare• ble space $7 94 pen w,_tl 12) Matumum rate allowed by law for abOvs matter 7;4 W per mcn 13► Rate actually charged l;u above matter $4 ;4 mr inch Each addlhon:tt succrss,ve week $3 03 p4f arch WOODHILL AVENUE IMPROVEMENT MAILING LIST - 11/9/87 02-117-23 24 0001 David J. Lindstrom 1315 Woodhill Avenue Wayzata, MN 55391 02-117-23 24 0003 Victoria H. Raiche 280 Orono Orchard Road South Wayzata, MN 55391 02-117-23 21 0009 '+ Jane McClaren ! hr c 190 Orono Orchard Road South Crystal Bay, MN 55323 02-117-23 21 0007 Michael & Darlene Blazek 1230 Woodhill Avenue �W,jikl Wayzata, MN 55391 02-117 -Z.3 12 0001 Woodhill Country Club 200 Woodhill Road Wayzata, MN 55391 02-117-23 24 0007 John D. McDowell 4045 Bayside Road Maple Plain, MN 55359 02-117-23 21 0007 'i�pW4 Mark & Mary Fox 1230 Woodhill Avenue I�" Wayzata, MN 55391 CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF' HENNEPIN ) ss. CITY OF ORONO ) I, Doroti;y M. Hal Iin, City Clerk, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning Woodrill Avenue Improvement. was mailed to the attached list of property owners on November 9, 1987 In Witness Whereof, I have hereunto set my hand and sea. this _9th day -if November, 1987 6 othy M. llin, City Clerk (SEAL) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, a resolution of the City Council adopted the 12th day of October, 1987, fixed a date for a Council hearing on the proposed improvement of woodhill Avenue. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on this 23rd day of November, 1987, at which all persons desiring to he heard were given an opporutnity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ORONO, MINNESOTA; 1. Such improvement is hereby ordered as proposed in the Council resolution adopted 12th day of October, 1987. 2. Glenn Cook, City Engineer is hereby designated as the engineer fer this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 23rd day of November, 1987. James R. Gca�e�c, Mayor ATTEST: Do[offiy M. HaIII n, ,Cify (Ier k e = dwrt. 1275 Brown Road Srxith at 7 p m on Novenler 27, ttla7, to consider the m4k #V of an wWovenWt on Woodhte Av-- east of Orono orchard Rood. Pursuant to Mtnnesofa Statutes Socison 429Ofi to 420111 The area proposed to be assessed trx such improve thMtt to the property &W"O Q on Wch Cheat The estimated coat of such Mlprotrement to N1 000 .Such persona as dean• to be heard wth retMelKe to the proposed improvement will be herd at this tnoettnp [dhy M Haan Qjj clorM (Published n The Laker an3VWr4Mr at Nn- 2l i 19t)1 Affidavit of Publication State of Minnesota, County of Hennepin Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound. Min- nesota, and has fu,l knowledge of the facts which are stated below A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper. as provided by Minnesota Statute 331 A 02. 331 A 07, and other applicable laws as amended B) The printed ' `' ! ! l; l`f urn , ii J which is attached was cut from the columns of said newspaper and was printed and published once each week for successive weeks It was first published Monday the da'•r of ' `� �1� 19 and was thereafter printed and published every Monday, to and including Monday the d.r. of ��'_ 19 'wthonzed Agent Subscribed and sworn to me on ttils t cloy of , b` 19 .r 7 I et' tart' Public Rare 'reformation 11 i t owesl riiWtied rate yard Vy comnW,-Af use'a for CO Mpdra bie tpere $7 64 p;rr inch ill Maatmtun ralla Waved pry law far ib Lve ,wtter =4 b4:*, tnrh (.f) Rafe actually ctwrtler] ktr dWve glitter $4 '4 lw, „t: h Each a.fd tkxU* sty rebwve wewk S + ' ` + prr :ra h NOTICE OF OBJECTION PURSUANT TO MINNESOTA STATUTES 429.061 TO: MUNICIPAL CLERK - CITY OF ORONO ,03 Nal 2 3 im 'J PLEASE BE ADVISED that pursuant to Minnesota Statutes Section 429.061, the undersigned David Lindstrom hereby gives notice of objection to the levy of assessments against his property located at 1315 woodhill Avenue, Orono, Iinnesota, 55391, to be considered by the Orono City Council on Monday, November 23, 1987. Dated: November 20, 1987 DAVID LINDSTROM MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 ATTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Sime, Peterson, Callahan, and Goetten. The following represented the City staff: City Adminis---rator Bernhardson, Public Works Director Gerhardson, Buildinq & Zoning Administrator Matusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz. and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Councilmemaer Sime, seconded by Councilmember Peterson, to approve the Consent Agenda subject to removal of the following items: #3 - Approval of 10/26/87 Minutes - requested by Councilmember Goetten #23 - Hackberry Hill Park Well Installation - requested by Councilmember Peterson #26 - Administrator's InformatiGn-Metro Goose Hunt - requested by Councilmember Goetten Motion, Ayes 5, Nays 0. DESIGNATION OF TOM BRUNANSKY DAY NOVEMBER 27, 1987 RESOLUTION #2288 It w, )ved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2288 declaring November 27, 1987 as Tom Brunansky Day in the City of Orono. Motion, Ayes 5. Nays 0. APPROVAL OF MINUTES Councilmember Goetten requested amending comments made by her in the Minutes as follows: #1168 Helstrom (Page 3) - "Councilmember Goetten felt that the patio area under the deck/porch that extends beyond the deck/porch could also be removed to decrease the hardcover from 45.71." #1188 Kaplan (Page 8) - "She noted that none of them were riparian lots (with the exception of the Smiley lot) and none required additional variances for thA existinq homestead lots." PLANNING COMMISSION COMMENTS Planninq Commi;;sioner P-own arrived later in the meeting an-] had no u-mment s. PUBLIC COMMENTS ` hei c• wero ne) (,-;)minent from the public. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 ZONING ADMINISTRATOR'S REPORT: #643 BRUCE CURTISS 1920 EAGERNESS POINT ROAD CONSIDERATION OF VARIANCE APPLICATION Bruce and Camille Curtiss were present for this matter. City Administrator Bernhardson reviewed the pertinent issues as follows: 1. A 6' privacy fence has been erected on the street side of the lakeshore lot. The fence is considered a hazard in its present location and s portion has been erected in the City right-of-way. 2. Violation of conditions of approval of variances approved in September 1981 in that the applicant failed to provide a required turnaround. Zoning Administrator Mabusth explained the proposed turnaround location on the south noting that a mature tree and power pcle limits the turnaround being located to the north. Camille Curtiss did not feel locating a turnaround within their front yard was feasible noting it would not be useable for the car parked in the right hand garage stall. Councilmember Petersen concurred that she could not maneuver her truck in the driveway. Councilmember Goetten felt the 6' fence created a visual safety hazard. Mayor Grabek stated he understood the problems with having a turnaround in the front yard ana the small area for maneuvering. He felt -he major issue was the fence. Cami Ile Curtiss felt the hardship was having no back yard and the need for a private safe place for family recreation. Councilmember Peterson inquired as to the feasible installation of a mirror for safe access onto Faqerness Point Road. I;ave Slavik, neighbor across the street, stated a mirror could be installed on his property. He felt the 6' fence should be allowed because a 3-1/2' fence is a safety hazard for climbing children. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 1 CURTISS CONTINUED Bruce Curtiss stated that the turnaround would not be useable for his truck. Regarding the need for a 6' fence for privacy, he stated that the fence would screen storage of trailer, boat, and truck which are stored outside. It was moved by Mayor Grabek, seconded by Councilmember Sime, to eliminate the turnaround as a condition of the original variance and allow a 3-1/2' fence subject to removing a portion to provide adequate sight distance. Councilmember Callahan felt a 6' fence could be allowed subject to angling the fence to provide the adequate site distance. He concurred with eliminating the turnaround. Councilmember Peterson also concurred with eliminating the turnaround. She agreed with Councilmember Callahan regarding a 6' fence finding that it would be an asset in that area for children, especially given the fact that there are no windows in the Curtiss residence on that side to observe the children playing. Councilmember Goe+-.en -ancurred with Councilmembers Callahan and Peterson. Mayor Grabek expressed concern w- approving 6' high fences around the lakeshore for cy reason in which previous requests have been de He felt a 3-1/2' fence was adequate in addressing safety concern. Motion, Ayes 2, Nays 3. Councilmembers Callahan, Peterson and Goetten voted nay. Motion fails. It was moved by Councilmember Callahan, seconded by Ccuncilmember Peterson, to eliminate the turnaround as a con,_iition of the original variance anO allow a 6' fence to the lakeshore subject to angling the fence from the garage for adequate sight distance. Motion, Ayes,2, Nays 3. Mayor Grabek, and Councilmembers Sime and Goetten voted nay. Councilmember Goetten was opposed to the 6' fence being allowed along the north side to the lakeshore. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to table this matter until the next. Council meeting for further review and consideration by the Council. Motion, Ayes 3, Nays 2. Mayor Grabek and Councilmember Sime voted nay feeling that tabling the matter would not resolve or change the facts. Motion carried. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1967 #984 JOE SAWCHUK* 4105 WATERTOWN ROAD VARIANCE DENIAL RESOLUTION 12289 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2289 denying Joe Sawchuk's application for side setback variances for construction of a horse barn at 4105 Watertown Road. Motion, Ayes 5, Nays 0. #1168 RICHARD G. HELSTROM 2895 CASCO POINT ROAD VARIANCE RESOLUTION #2290 Richard Helstrom was present for this matter. City Administrator Bernhardson explained the revised proposal per Planning Commission direction to construct a deck encroaching 12' into the average lakeshore setback and increasing 75-250' hardcover from 45.3% to 45.7%. The proposed deck replaces a smaller dilapidated deck that was removed last year. Council tabled this application at their last meeting since the applicant was not present to answer questions relating to the play structure constructed and the possible removal of additional patio hardcover extending outside the proposed deck area. Mr. Helstrom stated he would rather not move the play structure to the rear yard area for childrens safety reasons. He stated he is willing to remove the patio block area under *he play structure and same patio area adjacent to the proposed deck extending outside the deck. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution 02290 approving the variances amending it to allow the play structure to zemain and subject to removal of the 12'x 14' block patio area and removal of patio area adjacent to the deck extending cutside of deck. Motion, Ayes 5, Nays 0. #1169 WEAR PARTNERSHIP ENTERPkISES WATERTOWN ROAD PRELIMINARY SUBDIVISION RESOLUTION #2291 William '.,fear was not present for this matter. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2291 granting preliminary approval of a subdivision of Lots and 3, Peterman Addition of Wear Enter rises Partnership. Motion, Ayes 5, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD NOVEMBER 9, 1987 #1177 TODD WATERS 3061 CASCO POINT ROAD CONDITIONAL USE PERMIT/ VARIANCES DENIAL RESOLUTION #2292 Todd waters and his attorney David Davenport were present for this matter. City Administrator Bernhardson explained that Council directed staff at their last meeting to craft a resolution denying an after -the -fact conditional use permit and variances and ordering the applicant to restore the lakeshore yard to the original condition. Staff has submitted this denial resolution f-)r Council consideration, noting that the deadline for restoration is June 15, 1988. Zoning Administrator Mabusth reviewed the pertinent points within the denial resolution. Attorney David Davenport stated that they obviously did not agree with the findings of the denial resolution feeling that they have not been supported by the evidence that had been presented to the Planning Commission and Council. Referring to Finding #15, he noted that it is their intention to provide the easement document. He requested clarification of Finding #26B stating that it was their understanding that the intent of the resolution was to require completed restoration of the site to its original condition which would involve reinstallation of the small drainage tile that existed prior to construction. It is his understanding that Engineer Cook may be recommending that an 18" pipe be installed and if this is the case, it is inconsistent with the finding made by Council at the last review that the property be restored to its original condition. Therefore, they object on the basis that they are requiring the Waters' to solve the ponding or inundation prod ^m teat is not their responsibility to solve. Ci ;��o,ineer Cook clarified that restoration to the Or ?+'. condition would involve reinstallation of an 8" p;.F.:, however it would not change the previous conditions which involved the ponding area. Attorney Davenport explained that the 8" � pe would not solve the past and current drainage proble,^ Counci lmember Callahan objected to the re! rences made in the resolution that Council "conceptually denies the request and that staff., consultants, and %pplicants should work together to decide what size pipe should be installed. He viewed the after -the -fact conditional use 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1967 #1177 WATERS CONTINUED permit and variances as simply being denied (not con,.-eptually) and property should be restored to its or.;. linal condition which includes an 8" pipe. He recommended that the resolution be amended to reflect his opinion. He also felt Finding #35 was incomprehensible. Referring to Finding #33, he recommended amending the resolution by adding the deadline bate of June 1, 1988. Zoning Administrator Mabusth clarified the rationale of Finding #35. Mayor Grabek stated that Finding #35 not be removed from the drafted resolution. Todd Waters expressed his feelings that the City has imposed regulations and conditions upon him that were not made clear at the beginning of this project and regulations that are not consistent with the intent of democratic government of this country. Mr. Waters and Mr. Davenport left the meeting at this point. City Administrator Bernhardson commented that Mr. Waters and his neighbors could petition the City for a storm sewer review hearing, which would be a separate action, if they felt there was a stormwater problem noting that this could be accomplished before the June 1, 1988 completion deadline date. Councilmember Sime noted that the information given out by City staff when a building permit is applied for does specifically reference submission of any grade changes proposed which he felt was ignored by Mr. Waters' contractor. He stated he will vote against denial of the resolution because he felt total restoration would be detrimental to the lake itself. Councilmember Goetten stated she will also vote against. denia L of the resolution because she `elc there was a better way to resolve the problem base) on the City Engineer's recommendation. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2292 Denying the After - the -fact Conditional Use Permit and Variances amending the resolution as previously recommended by Councilmember Callahan. Motion, Ayes 3, Nays 2. Councilmembers Sime and Goetten voted nay. Motion carried. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 #1199 RICHARD AND GAY KELLY 425 OXFORD ROAD VARIANCE City Administrator Bernhardson explained the request for a variance to construct a house 65' in front oY the average lakeshore setback. Planning Commission recommended denial of the request. Assistant Zoning Administrator Gaffron reviewed the areas available for mound or trench septic systems. Richard Kelly was present for this matter. He noted that they have made attempts to compromise from their original plan by reduction of the porch and house si2.e because of the neighbors' concerns. He stated their hardship was having to remove several large trees. He felt that the Peterson's view (the objecting neighbor) would not be impaired if the house were constructed as proposed. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to deny the request and require that the house be constructed behind the average lakeshore setback, and directed staff to draft a resolution of denial for formal approval. Motion, Ayes 5, Nays 0. #1205 ROBERT MAXFIELD* 4175 NORTH SHORE DRIVE RMAINNAL VARIANCE RESOLUTION #2293 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2293 approving the renewal variance approved on November 10, 1986 per staff recommendation. Motion, Ayes 5, Nays 0. #1211 GERALD NESLUND 1225 ORONO OAKS DRIVE CONDITIONAL USE PERMIT/VARIANCE RESOLUTION It was moved by Councilmember Sime, seconded by Mayor Grabek, to table this application per staff recommendation. Motion, Ayes 9, Nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 #1212 PAUL BOYKE 793 AND 795 NORTH FERNDALE SUBDIVISION OF A LOT LINE REARRANGEMENT RESOLUTION #2294 City Administrator Bernhardson explained the request for a lot line rearrangement which is a rearrangement of the recent plat of Lauranne Woods. Planning Commission and staff recommends approval. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2294 approving a metes and bounds subdivision of a lot line rearrangement. Motion, Ayes 5, Nays 0. #1213 ROLLIN LACY 2655 NORTH SHORE DRIVE VARIANCE RESOLUTION #2295 Mr. & Mrs. Rollin Lacy were present for this matter. City Administrator Bernhardson explained the request for reconstruction of a house in the lakeshore yard requiring a sideyard setback variance and 75-250' hardcover variance. He explained the issue of the 33' public easement that is adjacent to applicant's property. Mr. Lacy noted that the proposal involves a 5.1% hardcover increase, but overall hardcover on property is under the amount allowed and most likely less hardcover than most of the existing area properties. Because the property is fairly flat, he did not believe that construction of the new garage with a second story would create any additional runoff into the lake. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution 02295 approving the variances as proposed subject to incorporating the actual hardcover calculations into the resolution. Motion, Ayes 5, Nays 0. Mr.. Lacy thanked the Council for visiting his property which contributed to their understanding of the proposal resulting in their approval. He commented that the Planning Commission recommended with a 3-3 vote approval of his proposal. He felt the 3 objecting members were caught up in design issues which he felt was not their function. m MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 #1216 CLARK WINSLOii 1595 BOHNS POINT ROAD CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2296 City Administrator Bernhardson explained the request for a conditional use permit and variance fo the dredging of a designated wetland. The applicant wishes to dredge the pond so that there is water standing at all times. He noted that this project w-*.11 result in the necessity to change the elevation of a culvert. Planning Commission recommended approval. MAYOR'S REi?ORT : Councilmember Callahan voiced concern with the chanting of the drainage pattern through a culvert from the Ulrich property. He felt there was nothing to be gained from this project and certainly no hardship has been proven to justify approval of the project. Applicant's Landscape Designer, Dale Gustafson, was present for this matter. He explained the applicant's desire to have a pond area that previously existed rather than a dry area with cattails. He stated that the value of dredging the pond is reestablishing a silt basin for excessive runoff. He explzined that the majority of drainage from the Ulrich property runs over an extensive grassed area of the property with only one area provided with a section of culvert. It was moved by Councilmember Sime, seconded by Cc,uncilmember Goetten, to adopt Resolution #2296 approving the conditional use permit and variance as proposed. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay. Mayor Grabek had no report. ENGINEER'S REPORT: COUNTY ROAD 15 COSTS OF LOCAL IMPROVEMENTS - PROGRESS City Administrator Bernhardson explained that the upgrade of County Road 15 entails the cost of approximately $500,000 for Orono's share in this improvement. Final plans for this upgrade should be delivered to the City within the next week. These plans will' be available for the public to review in the Council Chambers. The County will make a presentation of the final plans at the next Council meeting. Staff will be working on financing issues. He noted that use of MSA funds for upgrade of a County road will incur a penalty. The City could assess the project costs r_c adjacent benefiting land owners for sidewalk and storm drainage etc. which would entail a special public hearing process. Staff will make a rccommendaticn of q MINUTES OF THE RBGULAR ORONO COUNCIL RESTING HELD NOVEMBER 9, 1987 COUNTY ROAD 15 I14PROVOCKUTS CONTINUED financing options for consideration by Council at their December 14th meeting. There has been some concern from the public regarding inclusion and final design of the sidewalks. City Engineer Cock reviewed the assessing area noting the option of assessing the adjacent private and/or commercial property owners. He explained the need to recover sor..e of the penalty cost for using MSA funds. He felt it was reasonable to expect the adjacent property owners to contribute to this improvement but not mandatory. He felt the main consideration should be the fairness issu.--. Debbi Lind, 2414 Carman Street, felt that the abutting property owners would not be the only users of the sidewalk noting the sidewalk runs from community to community, therefore felt it unfair to assess only abutt.,,y oroperty owners. Liza Crear, owner of the Casco Run building, voiced concern with removing their landscaping and some of their parking ire3 for the sidewalk. In response to a question as to why the sidewalk was necessary, City Engineer Cook stated the County felt it was necessary a; a safety issue. Mayor Grabek stated that the Orono, Spring Park, and Mound City Coun,�:ils agreed with the County regarding keeping the pedestrians off the road and providing sidewalks. Robert Kost, 1-:>> k Commission Chairman, stated that the Park Commissior is in favor of the proposed 2-sided sidewalks for ;)edestrians to travel safely between communities. A member of the ,!.udience stated they felt there was not enough walking pedestrians between the communities to warrant a sidewalk. The pul_ 1ic also voiced concern with having the responsibility -)f snow removal on the sidewalk and in some ca, :; could be very costly to the abuttinq property o•..Jner. . MINUTES OF THE REGULAR ORONO COUNCIL M:�'ETING HELD NOVEMBER 9, 1987 CITY ADMINISTRATOR'S REPORT: 1988 STRATEGIC PLANNING City Administrator Bernhardson reviewed the proposed 1988 Strategic Planning. Councilmember Peterson asked about a Housing & Redevelopment Authority. In response to this, City Administrator Bernhardson stated they have not specifically addressed formulating a Housing & Redevelopment Authority, however, if the City looks strongly at the Navarre Redevelopment they should have a Housing & Redevelopment Authority as a mechanism by to get it accomplished. He noted the 1988 Strategic Plan would be amended to read * Consider the forwulation of a Housing and Redevelopment Authority by 2 88. Councilmember Goetten voiced concern regarding waste management and recommended that this issue be include in this plan. City Administrator Bernhardson stated he would add *Solid Waste Management as an objective to the plan. It was moved by Mayor 3bek, seconded by Councilmemr­�r Sime, that the Council opt the r_oposed 1988 Strategic Planning document as awe nded and incorporate as part of the Administrator's Goal Setti.n3 Motion, Ayes 5, Nays 0. 1988 LEGISLATIVE POLICIES City Administrator Bernhardson reviewed the recommended legislative policies. He recommended adding Geese Control to this package. He noted that. there will probably be some legislate^e re;,.csts regarding police pursuit regulations. City Administrator Bernhardson explained the process of tax exempt property to the Council. Councilmembcr Goetten offered her services as a legislative liaison noting she has been involved in the AMMR Committee. It was moved by Councilmember Goetten, seconded by Mayor Crabek, that the Council adopt the legislative policies as amended and direct staff to attend the I.eague of Minnesota Cities and Association of Metropolitan Municipalities policy adoption meetings together with submitting the City's policies to its representatives and establish a date for attendance by its repr--sentatives to meet with the Council. Motion, Ayes 5, Nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCI; 'FETING HELD NOVEMBER 9, 1987 TAX FORFEITED PROPERTY - PRELIMINARY REVIEW City Administrator Bernhardson reviewed the attbehments regarding action for tax forfeited properties. It was moved by Mayor Grabek, seconded by Councilmember Callahan, that Council direct staff to develop resolutions for adoptions at the November 23, 1987 meeting regarding the tax forfeited lots listed in Attachment A. Motion, Ayes 5, Nays 0. RESIGNATION PART TIME POLICE OFFICER-* WILLIAM BREIMHORST It was moved by Councilmember Sime, seconded by Councilmember Peterson, the Orono Council accepts the resignation of William Breimhorst as a part time officer effective November 9, 1987, thanking him for a job well done. In addition Council authorizes staff, if deemed to be needed, to seek a replacement until officer Ki rnyczuk's return subject to Council approval of the individual selected. Motion, Ayes 5, Nays 0. SALARY ADJUSTMENT - JAMIE BOSMA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council approve a retroactive compensation incr ,se for Jamie Bosma from $6.18 per hour to $6.40 per hour effective 1/21/87. Motion, Ayes 5, Nays 0. LONG IARE/CICI WATER AGREEMENT* It was moved by Councilmember Sime, seconders oy Councilmember Peterson, that the City of Orono consents to the licensure agreement between the City of Long Lake and the owners of the property at 875 Wayzata Boulevard for the extension of water service to the property. Motion, Ayes 5, Nays 0. 1988 AUDITOR AUTHORIZATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to appoint the audit firm of Pannell Kerr Forster to perform the required audits for the 1987 fiscal year at an estimated cost of $12,650 plus direct expenses. Motion, Ayes 5, Nays 0. HACXBRRRY HILL PARR - WELL INSTALLATION Councilmember Peterson asked if the bids for a well at tlackberry Park were realistic and how this well differed from a residential well. City Engineer Cook stated that the only differen-e he was aware of is that this well has a control panel. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 HACKBERRY BILL PARK WELL CONTINUED Public Works Coordinator Gerhardson fel* the bids were realistic based on the cost of approximai..ly $8,400 for the well at Bederwood Park in 1980. It was moved by Councilmember Peterson, seconded by Councilmember Sime, to award the construction of the well at Hackberry Park. to Renner Well Company for an amount not exceed $11,267.50 and to fund this project from the Park Dedication Fund. Motion, Ayes 5, Nays 0. ADDITIONAL DEPOSITORY* RESOLUTION ;2297 It was moved by Councilmember Si.ae, seconded by Councilmember Peterson, to adopt Resolution #2297 making additional depository appointment for 1987. Motion, Ayes 5, Nays 0. ASSESSMENT REDUCTION - 525 TONKAWA ROAD* RESOLUTION f2298 It was moved by Councilmember Sime, seconded by Councilmeff-ber Peterson, to adopt Resolution #2298 reducing the number of sewer units at 525 Tonkawa Road and reducing the assessment amount by $2,619.66. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION Councilmember Goetten asked who is requesting the City to allow an earlier hunting time than 8:00 A.M.? City Administrator Bernhardson stated that the hunters have requested this change noting that staff would not recommend earlier than 7:00 A.M. Council concurred with that re,ommendation. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information regarding: Highway 12 Task Force, Metro loose Hunt -December, 3382 Shoreline Drive, Comprehensive Plan Amendment, Space Consultant Progress Report, 3405 Shoreline Drive, 3536 Lyric Avenue, 200 Hollander Road, 4220 Sixth Avenue North, 1160 North Arm Drive, 1700 Fox Street, 1988 Employee Health Insurance, International City Management Association Conference, and Goal C-11ting Status -October. Motion, J�yes 5, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz requested an Executive Session at this time. 13 • MINUTES OF THE REGULAR ORONO COUNCIL N$ETING HELD NOVEMBSP 9, 1987 LICENSES* BILLS• There were no licenses submitted for approval. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 10:05 P.M. It was moved by Councilmemoer Sime, seconded by Councilmember Peterson, to adjourn the regular Council meeting at 10:05 P.M. Motion, Ayes 5, Nays 0. ATTEu1 Dorothy M. Hallin, City Clerk James R. Grabek, Mayor IN To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: November 18, 1987 Subject: #643 Mrs. Camille Curtiss, 1920 Fagerness Point Road - Reconsideration of Variance Application - Second Review The application was tabled at your last meeting providing members and applicants additional time for further review and consideration. Staff has been advised by Camille Curtiss that they plan to submit a proposal for Council to consider. She advised that it will be delivered to the City in time for inclusion with your packet information. In addition, staff advised Mrs. Curtiss of the recommendation that staff will present for Council's consideration and action. Staff would recommend reconsideration of the Planning Commission recommendation that would allow a 3� foot fence within the lakeshore protected area if the prime purpose is for the protection of the children. The Planning Commission did not place a limit on that encroachment but staff would suggest that the 3� foot fence encroach no closer than the approximate setback of the principal structure. Note the irregularity of shoreline presents difficulties. The staff sketch has p.2sented a compromise. Plantings shall not exceed a 3� foot height within the specified view protection area north of driveway and alsi in the front yard to the south of the driveway. See staff sketch attar i. Council Action - To give staff conceptual direction so that an appropriate resolution can be drafted for formal action at your December 14, 1987 meeting. Your conceptual direction should deal w:.th the following: A. Fencing 1. Establish limit on height except that no fence shall exceeu 3� feet in height within specified view protection area. 2. Placement of fence: a) Along property line ijacent to road only; b) Along property line adjacent to road and to allow extension into lakeshore protected area but not to extend beyond lake front line of principal structure (;)- _ to include second level deck) and to allow encroachment of required 26 feet setback from designated wetland. B. Natural Screening 1. No plantings to exceed 3►s feet within specified view protection area an(; front yard to the south of driveway - no height limit on plantings within the remaining areas of yard. Plat of Survey Gerald L. Stagetherg lot 27, Pagernoss Pin Co�.anty, n Minnesota 1 tf C 6Q f 1C-13-70 a�zieio3 landmark L.-i5 Am �o a / eX r"rl IS -Jr 4. n / ter. i IV IZ f fea Cortificete of Survey: I hereby certify th Q t this is a representation of a survey of th, th.nt nart of Int 27_ Farernees. I- Honorable Mayor and Council Members. 1 ,November 18, i987 We have submitted to the City of Orono a petition from our(ibJRwft�+' 1,000 foot diameter to let our fence remain as constructed. Not nei rs has said anything against our fence and several neighbors haveted us on owr fence and yard. We have no neighbor directly to the side ofence an e--'L- neighbors across the street are located on a hill so their I Our present front and back yard are very shallow in depth, approximately 35 feet deep, which is inadegt,ate for most yard activities for us and our two growing children. Our privacy fence is located in part on a second lot which we have paid assessments for water and sewer and taxes on for the last nine years. Our 6 foot high privacy fence provides a use of the second lot as our "back yard" with the privacy and security that we would nit have with a 3 112 foot high fence. Not only does the 6 foot high fence tend to keep balls, etc. in the yard, but it also keeps our children from climbing over the fence into the street area. we have no windows in our house facing the yard area to the side of our house so we can't always keep a watchful eye on our children. The 6 foot high privacy fence provides the children with a much needed security area where the children can have enough room to play without danger of being seen or touched by a child napper or molester. A 3 112 foot high fence can easily be climbed over by an adult and any bushes or trees take years to grow to the point of screening. When we as parents hear all too often of the demented people in this world, it is comforting to us to have this privacy area of our yard that we have enjoyed for almost 1 112 years. When we moved into our home nine years ago, we didn't have children and our yard activities weren't as numerous. Now with our two children at the ages of 7 and 2 112, we find that our time spent in the yard has increased many times over. It is hard to keep kids in the horse on a nice day in the summer. We seem to have a some kind of activity going on almost constantly. If the neighborhood kids aren't playing in our yard, we are Laving a family picnic. We parents also need a place where we can enjoy our yard i.-i privacy without feeling as though we are "having a picnic along side of the road". A suggestion was made and unanimously approved by the Planning Commission of Orono that we be allowed to continue our fence to the lakeshore. thereby increasing our security for our children. In an attempt to reach an agreement with the City, we world like the City Council to consider the extension of our fence adjacent to the road at a height of 6 feet to a swamp area, which only requires a 26 foot setback. This concept would not encroach toward the lake which requires a 75 foot setback, but would still offer optimum security and privary of our yard. A gate could oe installed for limited use to an area we now use IL boat/trailer storage. The extension of our fence to the swamp would require only 3 sections of fence in relation to 9 - :tions required for an extension to the lake. We feel that the extension of our fence to the swamp at 6 feet high is an equitable solution to the concerns of both the City and us. Sincerely, Bruce Curtis: Camille Curtiss 1920 Fagerness Point Rnad Wayzata, Minnesota, 55391 SCALE /' - 30' L Aire M IuNEf&Al" i jWAMP J AJzER � � vro/*05 o 4*rf I Sr000df /` / 414.0r/fifw.ct2 To: Mayor Grabek & Orono Council Members Mark E. Bernhardson, City Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 18, 1987 Subject: #1104 Gregg Perl, 309 Westlake Street - Variance - Resolution Application - Request for rear and side s-2tback variances and height variance to construct an addition to existing residence. Zoning District - LR-lA, 2-acre unsewered List of Exhibits - Exhibit A - Proposed Resolution Exhibit B - Planning Commission Action Notice Dated 11/18/87 Exhibit C - Memo & Exhibits of 11/12/87 Pertinent Facts: Existing Required Proposed Side Setback 12' 30' 12' Rear Setback 40.1' 50' 27.1' Bldg Height 20' 30'(Allowed) 35'(by definition) Hardcover 23%+ 35% 25.4% Bldg -to -Bldg Setback (applicant has revised proposal and now will attach the structures) Discussion - Please review the memo and exhibits of 11/12/87. Applicant is requesting a number of variances in order to construct an addition to his house that will also include attachment to the existing garage structure. The Planning Commission, at their November pith, 1987 meeting, recommended approval of the rear setback, side setback and height variances on a vote of 5-0, finding that the nature of the property and the surrounding properties are such that the setback variances will have no significant effect on light, air or open space in the neighborhood. Planning Commission also had no problem with the height variance requested, noting the topography and existing vegetation will act to minimize the visual effect of the proposed height. Planning Commission recommended and applicant agreed to attachment of the house to the garage that exists, thereby eliminating the need for a building -to -building setback of 2 feet which staff i.ad recommended be denied. Planning Commission felt that the applicant had done a good job of responding to the Planning Commission's previous concerns about the property and the proposal. Planning Commission recommended, per the staff recommendation, that septic system repairs on an interim basis be completed no later than July 1, 1988 with some leeway possible dependi ig on the status of the Stubbs Bay Sewer Project at that point. Zoning File #1104 November 18, 1987 Page 2 of 2 Staff Recommendation - Staff recommends approval of the variances for side etback, rear setback and height as proposed and further recommends that the structure - to -structure setback variance be disallowed. Staff recommends that the applicant be required to complete interim repairs on the septic system no later than July 1st, 1988, with due consideration given to flexibility in that date depending on the status of the Stubbs Bay Sewer Project. Staff would recommend that the applicant submit a revised plan showing attachment of the garage for review by City staff prior to issuance of a building permit. ati City of ORONO y4A tL_ .• RESOLUTION OF THE CITY COUNCIL NO. --- --- -- F j w •, A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (A) S (B) FILE #1104 WHEREAS, Gregg Perl, (hereinafter "the applicant") is the owner of the property 1( ated at 309 Westlake Street within the City of Orono (hereinafter "City", and legally described as follows: Lots 1, 2, and 3 except the West 270' of said lots, Block 2, Hillside Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has apr-lied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (A) to permit the construction of a primary residential structure 35' in defined height where a defined height of only 30' is normally allowed, and a variance to Section 10.23, Subdivision 6 (B) to allow a 12' side setback for that structure where a 30' side setback is normally required, and to allow a 27.1' rear setback where a 50' rear 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 #1104. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 17, 1987 and November 16, 1987, and recommended approval of the proposed variances based upon the following findings: A) Approval of the variance for a side setback of 12', finding that the neighboring residence structure located at that side is more than 60' away, and this variance will not cause any signifirin+ encroachment on light, air or open space in the neighbor 000. B) App.-jval of a variance for rear setback of 27.1 feet finding that the steep slopes behind the house makes it unlikely that a house could feasibly be constructed on the property to the rear and that that neighboring property to the rear is substandard in size, does not have sewer available, and it is unlikely that a house could feasibly be constructed on that property except near Tonkawa Road, far from applicant's house. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL 4 NO. C) Approval of variance to allow a defined peak height of 35' at the front side of the house, finding that the steepness and length of the hill behind the house avid the extent of existing vegetation will tend to eliminate the encroachment of that structure above the existing tree line, and hence will eliminate any visual encroachment of that structure into the character of the neighborhood. The structure wi?.1 not likely be visible from the lake due to the topography of the neighboL.00d. D) Applicant has revised his proposal so that the existing garage and the house will he attached, eliminating the need for a structure -to -structure variance. E) Hardcover allowed on the property is 35%. The proposed hardcover is 25.4%. Hardcover is not an issue with this application. F) Applicant has provided information showing that it is feasible to construct interim repairs to tr- existing failing septic system. Planning Commission noted t)..:t this property is within the Stubbs Bay Sewer Study Area, with a potential fcr installation of municipal sewer at some future date. 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 tl,e effect of the proposed variance cn 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 variance would not adve2s(,•ly affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serv.2 as a convenience to the applicant, but is necessary to alleviate a demon- strable 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 JVD CONDITIONS Based upon one or more of the f.inc_ings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code section 10.23, Subdivision 6 (B) to permit the construction of a house with a defined height of 35' where a maximum height of 30' is normally allowed, and a variance to Section 10.23, Subdivision 6 (r) to allow a side setback fo 12' where a 30' side setback is normally required and to allow a rear setback of 27.1' where a 501 rear setback is normally required, :l ject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL 1. Per applicant's revised proposal, the garage and residence structure shall be attached. 2. Hardcover on the property shall not exceed 35% or 13,100 s.f. 3. Applicant shall submit a revised plan showing the attachment of the garage to the house for City review prior to issuance of the building permit. 4. Applicant shall complete interim repairs to the existing, failing septic system no later than July 1, 1988. An extension to that date may be granted by staff if installation of City sewer appears to be imminent and the existing system is functioning adequately at that time. A::.:norities granted with this resolution run with the property not wit' -he applicants, but are permissive only and must be exercised by ap ptication for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 23, 1988). 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 pu` ` ible as a misdemeanor. 7. The undersigned applicant have 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 cn this 23rd day of November, 1987. ATTEST: Dorothy M. Vallin, City Clerk Jamer, R. Grab ., Mayor Property Owner(s) �_ - - -----�----____-- Paige 3 ( r ZONING FILE NO. 1104 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of. Notice: 11/18/87 ----------------------•----------------------------------------------------- TO: Gregg Perl COPIES TO: 309 Westlake Street Long Lake, MN 55356 TYPE OF APPLICATION: XX Variances ------------------------------------------------------------ DATE OF Wi'iiNG: 11/16/87 VOTE: 5 "or 0 Against Planning Commission recommends the following: XX Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. The residence structure must be attached to the existing garage. 2. Interim repairs to septic system to be completed by July 1st, 198d, subject to reconsideration depending on the status of the Stubbs Bay Sewer Project at that time. 3. Prior to issuance of building permit, applicant must provide a revised plan showi the attachment of the garage to the house. Applicant's next scheduled meeting is confirmed as: City Council November 23, 1987; meeting starts at 7:00 p.m. If you desiie certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval cry the Planning Commission. a. TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATE: November 12, 1987 SUBJECT:#1104 Gregg Perl, " Westlake Street - Variance - Continuation of Public _aring Application - Request fo ar and side setback variances and height variance to construct an addition to existing residence. Zoning District - LR-lA 2 acre -:nsewered List of Exhibits Exhibit A - Updated Survey Exhibit B - Up;lated Survey with Proposed Addition Exhibit C - Letter of Request Regarding sleight variance Exhibit D - Planning Commission Minutes of 2/17/87 Exhibit E - Planning Commission Action Notice of 2/19/87 Exhibit F - Memo and Exhibits of 2/11/87 Exhibit " - Letter to Applicant 11/14/87 Discussion Applicant has provided soil testing and design for inter4.m repair to his septic system. This repair would include additional drainfield trenches as an extension of the e-isting system, although soil cor 'itions indicate that a mound ype drainfield system would be most appropriate for this site. Because Install - -� of municipal : wer is anticipated in area with two years, the less costly trench sy as an inter appropriate. App' -itted an updated survey and scale plans, and has location of the proposed addition. The proposer. Lack based on the plan submitted is 27.1 feet not 29 feet originally indicated. Side setback will remain at 12 feet aZ proposed. The house to garage setback will be nil if the house is attached to that garage. Applicant has constructed footings underneath that garage, hence attachment of the two structures is feasible and is rc�:-ommended by staff. The 12 foot side setback continues the line of the existing house. The neighboring house to the south is more than 60 feet away, hence the encroachment on light, air or open space in 00 neighborhood is insi,nificant. Applicant has been unable to purchase the property behind him. Staff woulA rate that bec,,-_ > of the steepness of the slopes, it is �inl ikely that a house would be '.jcaterl directly behind him at any time in the future, if he was never able to purchase the property. Staff would recommerxi approval of a :.i.l. foot rear setback .s proposed. Regarding the -iar lance to the height 1imi, ation of 3P f.eet, applicant has sut, _ itted a letter rlescr ibing his conceL .s and reasons for the height variancF request. ''he jhz ,k of the highest roof wi l l be 28 feet above ground ,-i.ev on at the rear. From the ront the peak height would 5 tees. Staff would note that based on tt-. _ definitions oL building height in the code, the open loft space requires that ;.,'ie height measurement go to the peak of the roof rather than taking an average from the eave to zhe peak. You .11 also note that many new homes in Orono exceed the 30 f-, Z peek limitation, but based on the average peak height measLiement, do meet hei.3ht requirement- 'rhe height requirement appear. in the code apparently for mainly visuu J aestr.?tic purposes. Staff would rote that in this case the i�eight of the structure will be m.isked somewhat by the extreme slope ato- t, l►an::e the house: will not stick up into the :.ky, but may appear as blendinc into the hillside. It is unl xely tnat this str cture will rbe visible from the e. Fxi ti.ng vegetation. 1. he setback of approximately 175 t from the road would al,. _ nd to make thF 35 foc.t peak height ..,,n- obtrusive in the neighborhood. _n5—ector Tom Ja^obs has ind Gated that the height of *his strur.l a will not be a safety con,.ern nor fi,•-, fighting purpo-°--,s lonri the garage is attached "-o the structure. Staff Recomendation Giver the i•I:ormation supplied, stt4': r-oi,:.!r.crnd as follows: 1. Approv-t-1 of a variance for aide as ik of 12 feet rather than 30 foot :quired, finding that nei- boring residence structure located at that side is mot, r.:a. 6 feet away and this variance will not cause any signif:"^^,r,+; encroachme t on ' ight, air or open space in the neighbor`io.--I. 2. Approval c•' a rear setba,-k var i;;nwf 1-o a' Low ar s^k of 27.1 feet w:iere 50 feet is normalayuir- ], ding t t the steep slopes above the bouce make n] kel,,- t a house could feav ibly he constructed on the prop , cy to the 2ar. Notiug also th . that rear prore,rty is abc;ti:r. rlf an ac re in area and is unst..exed with virrual iy no locati- .s reasonably f-asible ,stal lation of a septic sy ;:: is not likely to be -:. ;•vcd wit_o municipal sewer from bcl en suture house on it would l i kP i v be near Tor kawpi toad, 3. F;tarecommends denial r-f a set.bac►. . 171-e from th- garage structure to the house --tute anti ret mein_s that those structures; h,-. attached for s- ...por, oting tha.. applicant har. constructed footings so that it is now f, isi. le _a attach there tw 4. St..}ff -commends appc i.-lht variance to , low a re ak hei9t-J of "411 tept s _ c f the `souse f i -ui i ng at the .—sg and 1 r;.R: It. behind tt., house and the extent of existing vegetation will tend to elimina'. _ L.►e encoachment of that structure above the existing tree line, and hence will elir rate any visual encroachment of the struct►irr? into the chary.-L,.;r of the neighborhood3. The structure will not likely oe visible from the lake du,_- to the topography of the neighborhood. 5. Staff recommends that the applicant be required to complete interim repairs on his septic system no later than July 1, 1983. Some leeway can be given with that date if installation of City sewer appears imminent in 198E or 1989 and the existing system is functioning adequately at than point. 5. Staff notes tY-,?re have been no complaints regarding storage on the property :since very early in 1987, and the home occupation aspect of t`ie property has apparently ceased. - 7. Hardcovc allowed cn the property is 35� jr 13,100 square feet. The proposed hardcover is 9,590 squ,�re feet or about 25.4$. Hardcove. not an issue with this application. B. Applicant is advised to submit a revised plan showing the attachment of the garage to the house, if the existing plans do not reflect r)om sizes that allow that attachment. to occur. This it_m w� 11 be scheduled for the November 23, 1981 City Council meetiny. 45.7t 1 Certificate of Survey for Gregory Perl in Lots 1-3, Block 2, "Hillside Pa Hennepin County, Minnesota SO Jest.. 249.7 .t — L —207 --- r� Garo5e- J � 0 1 '', O -4 N �+ — Exist��•.q :Asv%e J L I qo.1 �.. zS tj 3 45.i N o j 12: 250 desc.. 24 i mv - Z hneaas. R.R. spike 0At r� s.w root 1 30 I hereby certify thLt this is a true and correct representation of a survey of the boundaries of Lots 1,2 and 3, except the West 207 feet of said lots, Block 2, "Hillside Park", according to the recorded plat thereof, and the ?_.ati.on of an existing house thereon. It does not purport to show other i.,,iprovements or en- croachments. GORDON R. COFFIN CO., INC. /!../E�� _ii • Ate( �1s..� Date : 10-19-84 Mark S. Gronberg Reg. No. 12755 Scale: 1"=50, Gordon R. Coffin Reg. No. 6064 o Ircn marker Engineer3 & Sarveyors Rew.4cd lei•il-pl Long Lake, Minnesota 'e, JA•w V-'AS t (JAlA COMMEnCIAL RES,DEN iAt Michael II. Thwen Construction A Division of Michael H. Thyren Holnes, Inc. 4530 Excelsior Boulevard, St. Louis Park, Minnesota 5F416 • �612) 920-0027 City of Orono Planing Commission November 2, 1987 To whom it may concern: We respectfully submit a rec?kiest for a height var: lnce for the i:ew addition at 30ci Westlake Sti.:et, Long Lake, Minnesota. There are three main re .,�; why we are requesting ibis variance. The first reason is that exi�,l-ing house is a front walk out with a bas':ment and single story living above it. This existing structure and its height were difficult to design around. Taking this :nto consideration in oar design criteria we concluded that the et? u,i.ure t,, he added to the house would best be handled as a f,.nt walk -oit. We also felt that the ::ost for creating a completely different type of strtcture was very prohibited given our budget. Using the existing structure and deigning an addition to combine with the existing structure would greatly enhan�-e the front walk out aspect of this property. secondly we considered the landscape of the existing lot. The grade behind the house increases quite drastically. Along with the mati»-e trees and their height, we felt that going up a few extra feet would also enhance the look of the house for the nei7hborhood and the particular surroundings of this lot as it is laid out. Thirdly we looked at the needs of the Perl family and their relati.onship to the spaces they wanted to create. By using the dormer area it: the hou�.e, and creating a loft from that area into the large r%' . room we needed enough height there to create ceiling room so than- !of-- would be feasible. In conclusion we feel thit the design of thi., house will certainly be an enhancement to the neigl,.borhood, to the city of Orono and to the Perlis life-style. Rejpectfujly, pu mitts d, Michael H. Tryien MHT/(,bh cc: Greg Pei Michael P. C,' ff:-(,n Custom Huildwa and Renlolet,ny + Space Planning and Des a', 447.r4L 207 N v 1 i1 0 -4 o L—.�.: Certificate of Survey for Gregory Perl in Lots 1-3, Block 2, "Hillside Park" Hennepin County, Minnesota SO dcsc. 249.7 ►„ A t4.1 E. ,5 Ong N u,e S N N jIz- 25o Je%r-. 24y.-77Mt4s �RopssQ� �JE� +uDDtT�oN R.Q. spikeo.tz in S•w -Peet o el.n si., p 30 I hereby certify that this is a true and correct representation of a survey of the 'boundaries of Lots 1,2 and except the West 207 feet of said lots, Block 2, "Hillside -Park", according to the recorded plat thereof, and the location of an existing house thereon. It does not purport to show other improvement, or en- cre_chments. Date : 10-19-84 Scale: 1"=50' o Iron marker GORPON R. COFFIN CO., INC. Mark S. Gronberg Reg. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers & Surveyors Long Lake, Minnesota MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 17, 1987 #1104 GREGG PERL 309 WETLARE STREET VARIANCE PUBLIC BEARING 10:05 - 10:21 The Affidavit of Publication and Certificate of Mailing was noted. Mr. & Mrs. Gregg Perl were present for this matter. Assistant Zoning Administrator Gaffron explained the request for rear setback, structure -to -structure setback, side setback variances, and height variance to construct an addition to existing residence. He reviewed the existing structures and the proposal. Staff recommends tabling this application subject to the following: 1. Applicant providing a site evaluation and design for interim septic repair/upgrade to handle the proposed house. 2. Applicant providing an acceptable justification or har( '-,ip reason for granting the structure-to- structur: variance, or revise plans to show house attached to garage; staff recommends denial of this variance as proposed and feels applicant should re- design to maintE.in the required 10' setback, or attach the garage. 3. Staff suggests that the side setback variance is justifiable given the addition is no closer to the line than the existing house. 4. Staff suggests that the rear setback variance is reasonable, given that the side lot line limits expansion to the left, septic system limits expansion to the front, garage and building height limitation limits tre expansion to the right or upward. 5. Staff recommends that applicant be requested to address how he will handle the Dome occupation problems cn this property. 6. ANpli( ant. must provide a to -scale set of plans or revised plans for future review (exist-ng plans filed are 1"=4.31, not workable scale), and must provide an updated survey verifying the location of the garage. 7. Applicant must provide acceptable justification for the height variance or redesign to eliminate same. 9 MINUTES OF THE PLANNING COMMISSION] MEETING FIELD FEBRUARY 17, 1987 #1104 PERL CONTINUED Mr. Perl noted regarding the structure -to -structure area between the garage and proposed addition, he does not feel it would look aesthetically good if there s a big gap between the two. He plans to try and blend the two structures together. Assistant Zoning Administrator Gaffron noted that the Building official has recommended that there be a 10' setback between structures for fire protection reasons. Chairman Kelley stated he felt the plan was too ambitious for the site. His main concerns are the septic problems and outstanding issue of the applicant's home occupation license. Mrs. Per 1 stated that they have been dealing ,with the City's prosecuting attorney regarding past citations violations of the home occupation standards, and were under the impression that the issues had been suitably resolved. Assistant Zoning Administrator Gaffron explained that according to City Pros-ecuting Attorney Scott Richter, there is still one outstanding citation which staff has chosen to not pursue unless further complaints are received. Gaffron noted that no additional complaints have been received, however some cf the original problems regarding storage of materials, and equipment have not been totally solved. Bellows stated she felt the best solu n for this lot is starting over with a totally new strL,-ture. Hanson felt the variarit.;es requested were too great and recommended that applicant work with staif for alternatives. He noted he would definitely not approve the structure -to -structure variance for safety reasons. There were no other comments, it was moved by Bellows, seconded by Cohen, to table this application per staff recommendation and direct applicant to work with staff for a safe workable plan. Motion, Ayes 6, Nays G. #1105 THOMAS PITCH 1180 LYMAN AW-NUE RENEWAL VARIANCE PUBLIC HEAR-1G 10:22 - 10:25 The Affidavit of Publication and Certificate of Mailing was noted. Thomas & Joanne bitch were present for this matter. 10 ZONING FILE NO. 1104 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 2/19/87 ----------------------------------------------------------------- TO: Gregg Perl COPIES TO: 309 Westlake Street Long Lake, MN 55356 TYPE OF APPLICATION: XX Variance -------------------------------------------------- DATE OF 14BETING: 2/17/87 VOTE: 6 For 0 Against Planning Commission recommends the following: XX Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission tabled this application finding what additional site planning by applicant in consultation with staff, is warranted. Planning Commission felt strongly that 10' structure -to -structure setback cannot be varied, and noted that this major upgrading of the property definitely needs a thorough review of septic and probable system additions, as well as a a -tailed review by staff and applicant to address the home occupatioi: status and came to some agreement on level of commercial use on the prc perty. ----------------------------------------------------------------- Applicant's next scheduled meeting is dependent upon receipt of additional information and discussion with staff. Deadline for the March 16th meeting is March 6th or Apri 1 10th for the April 20th meetinq. 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 Commi.cssion. To: Ply 17omnission Chairman Kelley Orc. nni.na Commission Members Mark Bern'-ardson, City Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: February 11, 1987 Subject: 41104 Gregg Perl, 309 Westlake street - Variance - Public Hearing Application: Request for rear setback, structure -to -structure setback, side setback variances to construct an addition to existing residence (also needs height variance). Zoning District: LR-lA 2-acre unsewered List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey With Staff Notations Exhibit F - House Elevations, Plans Exhibit G - Letter to Applicant 1/6/87 Exhibit H - Septic Inventory/Record Card Pertinent Facts: 1) Lot Area = 0.86 Acres (37,455 s.f.) 2) Setbacks: Allowed or Existing Req'd Proposed Variance Rear 45.1' 50' 29' 21' or 42% Side 12' 30' 12' 18' or 60% House -to -Garage 21.5' 10' 0.�D-3.0' 9.5 or 95% Building Height 20'+/- 30' 35' S' 3) Hardcover Allowed: 35% or 13,100 s.f. Hardcover Existing: 8,500 s.f. +/- or 23% Hardcover Proposed: 9,500 s.f. +/- or 25.4% 4) Septic system was failing at last inspection (September, 1986); has been intermittently . ling since its replacement in 1978. 5) Home Occupation Li. _ applied for in November, 1985, has never been issued and tags have bt,en issued in April and June of 1986 for failure to store home occupation equipment inside a building or fully screened. This violation continues to exist (trailers, bobcat, waste landscaping ma'.erials and debris on site). Tom Jacobs will be following up on this. Discussion: Applicant is requesting to nearly -riple the size of his existing house. The proposal requires side and rear setback variances. The proposed addition also requires a variance for structure -to -structure set- back; the addition is proposed to be 6" to 3' from the existing garage which is used to store commercial equipment. This garage was constructed by the applicant in 1984. tic as indicated no hardship to justify granting the structure -to -structure setback variance. He had ample opportunity in 1984 to place the garage where it would allow this future expansion of his home. Building Inspector, Tom Jacobs, notes applicant could attach the garage to avoid a variance. Zoning File #1104 February 11; 1987 Page 2 of 2 Two bedrooms are indicated on the proposed plans. However, the loft area and the additional basement area easily could be used as bedrooms, and staff sees this application as a major increase in the potential intensity of use of the existing septic system, which is intermittently failing. Note that this property is within the Stubbs Bay Sewer Study Area and would be potentially served if that project ever occurs. The applicant has not, however, addressed how he will solve the septic problem for the interim. No site evaluation has been submitted as was required of the applicant. In review of the plans, staff als, -at based on existing and proposed grade lines, the proposed st a defined height of 35' requiring a 5' variance. The home occupation use of this pro} 311 an unresolved issue. Applicant has not indicated how he inten.' the problem of storage of commercial materials on his residenti.a Although there are no recent complaints on file, staff does no-, issue going away. The intensity of use of this property for commercial storage and the associated gravel areas do have a bearing on potential septic sites. Staff Recorendation: Staff recommends tabling this application subject to: 1. Applicant providing a site evaluation and design for interim septic repair/upgrade to handle the proposed house. 2. Applicant providing an acceptable justification or hardship reason for granting the structure -to -structure variance, or revise plans to show house attached to garage; staff recommends denial of this variance as proposed and feels applicant should re -design to maintain the required 10' setback, or attach the garage. 3. Staff suggests that the side setback variance is justifiable given the a,'dition is no closer to the line than the existing house. 4. Staff suggests that the rear setback variance is reasonable, given that the side lot line limits expansion to the left, septic system limits expansion to the front, garage and building height limitation limits the expansion to the right or upward. 5. Staff recommends that applicant be requested to address how he will handle the home occupation problems on this property. 6. Applicant nit. provide a to -scale set- of plans or revised plans for future review (e..istine plans filed are 1"=4.3', not t-orkable scale!), and must provide an npdated survey verifying the location of the garage. 7. Applicant must provide acceptable justifi.catiun foT ti:e height variance or redesign to eliminate same. .�DaN« L F=�N4-t_ ge..! ✓ Et?C' Id��j�', �` b:� U $-�i�-�-- , Recei t P ... fa r 5(� Initials CITY OF OO - VARIANCE APPLICATION Initial Application Fe $150. Q ($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 Wr r Z k ` Sr Property Identification Number (P.I.D.) 0,7- 11-7-?, Z3 472 f Please check one - Is the property abstract or torrens? Attach legal description to application if not incl.ded on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) Name (0 Phone ( work) Address:Q r1 G _T L �. V c: ;'Z City: Eir: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'Y • ----------- OWNER (if different than applicant) Phone (home) L 47.(- t `t !z 7 flame 1 Q C- r ;. Phone (work) Address: _ +C, LA) " t-h /ti � City: Zip: S �r e Date Property Acquiredr�/yT'F? (month/year) I (do) q not) also own the adjacent parcels of land. PRESENT USE OF PROPEP""l? Present Zoning -:strict, Present Use of Property redential Other (specify) \ ------------------------------------- ------------------------------------- DESCRIPTION OF R: ' UWT Estimated Construction Cost $ K .-)p40 Describe request in detail: i-- i (! L�.A i ' 1 . el^(' _,• r ► ------------------------ •ARIANCES REQUIRED Lot Area Setback Variances ( Other S*.rrAAA(< Lot Width Hardcover Front Side _ L Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from stZlct enforcement of zoninc; regulations: ------------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements :-r h ; i N yr (1 ( ---------------------------------------------------------------------------- �UIREU SUBMITTALS 1. Completed Application Form OC rtified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). OStamped, legal ize( nvelopes (#10) pre -addressed to each of the names on the abo li aith no return address. OCertificate of s rvey including harCcover calculations as reo:.ired. �._- -----Plat !F ----------------------------------------------------------- The Appl --t a._ Property Owner must sign this application. Please remember , _t y,.ur variance application is not compl^te if the above information has r, )t been included. Certification ry 2;cning A.mLnt that Variance Application ;.s complete. Zoning Official's Signa. Date APPLICANT'S SIGNATURE The applicant hereby -gr rrovide all information re,�;uired or requested loy the Zoning 7.( t.xstor, agrees to pay all fees and/o unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct tc the best of his/her knowledge. Applicant's Signature oz Date )WNERS SIGNATURE he owner hereby ackowlcdges and agrees to V pplication and further .-thorizes reasonable entry onto the property L.. Cit; staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature 1 A-1`Ir ^4 Late 7 11 '.�. _ i ___ ,.pliLant must have all submit•'Cals into the Cit. ffices 25 days bef —e the. Planning Commission Meeting. Planning Cc,i missic..i Meetings are hel . on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments 1�-.o have an ..uthorized agent attend in your place and to advise the Buileing 6 zoning Office of thin change p,'or to the meeting. Not" 16 w Iddh ma C30 0 52 Oi ? N. 63 57' 64 97 M2 !t Ap) int 11,21 V 3t to 61) Aft 0 v It Ik lit It VA 4 W-',' DATE 01/09/67 HENNEPIN COUNTY PROPERTY IFIFORMATICN SYSTEM REPORT NO. PI435401 PROPERTY 06.TIERS LIST PACE 3 BATCH 002 3S 05-117-23 23 0004 PROP AODR 039+5 BAYSIDE RD M''49 t o"LE L A M Kt 7IOL IA+:YAYE� LOUIS A i MARY K KOZIGL 31115 R4Y" cl ROAD .R: c '?1 55356 38 OS-117-23 113 0012 rcO^F ADOR 00332 WESTLAKE ST C'-:1:£W Nd;%E f E LC'WRY ETAt ?d PAiE9 FQANK LC.:'1Y "`.`.. AC^R 332 W"_STLAVE ST LCR * LkS E MH 55356 38 C5-117-23 23 0021 PFKJP aCO: RC3C9 WTSILAKE ST O Ik-a NAM FRAMES S PACK .R TA?:PAYEQ G^E:Z S t EETTE J I .RL NA2$/AC—W 309 W LV E ST Lr";; Lfr L C@I 55356 38 05-117-1'3 23 0024 c^v AOOR CC341 WSTLAKE ST C«";£a NAME PATTY H FARMS T.,PAftQ RVIALD OLSEN R AME/ Al;'^•R 341 W LA:.E ST ORONO MN 55356 PROP ACOR r-`a+:.R NAME Td+PAYER TOTAL BATCH eaz cock^ i �.'•,E/AD01•R 38 05-117-23 23 0009 03895 BAYSIDE RD L Y J HAPrEN LEE C HAPPEN 3395 BAYSIDE ';OAD LOIIG LAKE MH 55356 38 05-117-23 23 0013 00340 WESTLAKE ST PHYLLIS M STENDERSON PHYLLIS W STD -P--�DN VvO W LAKL LC:::, LAY•E Kx 55356 36 05-117-23 23 0022 00325 WESTLAKE ST R i 0 OLSEN RC!IALD G OLSEN 341 WEST LAKE ST LONG LAKE MN 55356 30 05-117-73 23 CO25 00349 WESTLAKE ST E T ANDER"_:',:1 i M L RICKETT EDNA T ANDEr5lk1 349 W LAKE ST LCt., LAKE MN 55356 38 05-117-23 23 0011 00324 WESTLAKE ST C E HILLER ETAL CHAS E MILLER ^53 CHARLES 5T LO'1G LAKE Ml 55356 38 05-117-23 23 0020 E W SPENCER ETAL E W So ENCER 405 TCt1KAWA RD LC::G LAKE rN 55356 38 05-117-23 23 0023 R A D OLSEN RONALD G OLSLN 341 Vr'3T LAKE ST LONG LAKE t.11 5535E 33 05-117-23 23 0033 M G i S R FILUrANDT rICHAEL FILUPINOT 3^50 BAYSIDE RD tl",PLE PLAIN Mt4 55359 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCLr ATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON T14E RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAYATION. TO THE BEOZ- - Of MY KNOWLEDGE AND BELIEF. ` aw c^ r , i ' -A' sate of Survey for Gregor -ir Peri in Lots 1 - 3, lock 2, "Hillside Park" Hennepin County, Minnesota 45.7t F L .. 10 Ji 0 0 0 �rjo % ie 4.5 ?SO Jrw. Z49-7 50 'D P*,, V-0 S IM AlUb, T I V­- 't IL 680 Fee I-Ij ze,-, 25 �.) jc -,c. 24 IZ t !LI kim r+41 ai.w? 5 Q hereby cert i f y th-it th i­ a true anJ rfprf,.ientrlt ion 3, except th�,% West - a survey of the biundark-:--- kot_­ 1 and ' 97 f -�e t, of Fee-.' d lots, BI cic,'�: H I s i,I irk",acnord. . ne to the -alior ar, f-xi hmtjr�- -ecorled plat thr,7!o`, and . !it lo it ooe:.! riot r en- r ruche c, r! t s . T Date Mark Reg. NO. 12755 cr f r i Rev. No. 6064 0 Tr -gin ^i:)r:frr Fnr.4 no-2r.- Lmnp Lake Minnesota ��•-• - � '�3Wi�-� .• :sue"-t ':L1'. ''. �if.'iR''i.;,^ �`..'�:� 'gam".,. '1C':. ...=1`.i^. �'?7 49.7L ..... Q�I# ...._ _I F,: i 1 1' j.-t E A't,.s — -- — �all !i! .: 1� I HIM ■ .Im■■_ ■ice ■■■ ■■■■■■■ ■ � I 1 ■ � ; i� ! r i �.■ ,-; vi fl" _:. sf�stc7sf/rist �s H f A, 1-1 i el-C'v-• T-6i,' - v q, �V ) CITY of ORONO Yost Office 13)x 66*; -vsLA1 Hay, Minnesota 55MleMunicipal Offices On the North Shore of Lake Minnetonka Date:_ / -- (: — e 7 Name . G�c..�-n 11 Addresses Address: v The Building and 'Zoning Department is in receipt of your application for a building permit, which was received by this office on / -- !; -- k 7 • A e review of the application finds that the following information needdfor review is missing: Signed Application Form Certificate of Survey Site Improvement Plan (Driveways/Landscaping/Sidewalks/Decks/etc.) Grading and Drainage Plans Specifi Builo:-ng Plans __Exterior Elevations Details and Sections: Mechanical Designs Energy Calculations Specifications: Additional Sets of Plans Required ( ) Coun-_y/State :driveway Access Permit On-Si'.e Sewage Treatment System Site Evaluation or Design Report Hnrdcover Calculations Other (specify) _ FAVariance/Conditional Use Permit Application Required - Contact �,aning Department Immediately at 473-7357 Review of your application will not continue until the no' tems are received. Failure to submit required items immediately : 2sult in delays in issuance of permits. Please contact the Building 6 Zoning Department at 413-7357 if you have any questions. Sincerely, Jeanne A. Mabusth, Thomas J. Jacohs, Zoning Administrator Senior Building Inspector HI'11 INN/IA /I/N1%(, - 473 7357 • ADM INISIRAI10S A FI\.1N('F 473•114.4 • PUNI N' N/IRKS 47! 7)}! AYSI WNI. - CITY OF ORONO Date Connected to ADDRESS cDDE SEPTIC SYSTEM IN'.•EN"TORY CARD Munt*61 Ss''mw 4riQ►ess S� Pr Operty I.O. DOZ 1( WELL � DATA } )(Standard trench Le-rs I, Z% 3 Sloes Z Ki 0 Mound u132.0- — Z6� � a ' Svt• w* type Or`ler _ Legal Description L_ PLorTlt No �_ S Date of permit - tc� —% installer I No Bedrooms Garbage E o • 3u.ld type �CEr I Dr / E flr GPi3 _��L.lundry Dishwasher /VQ nisposai_AAD V o SEPTIC T4PiKS !elate-ia! r7sav �'L'�� �� F��` ;caP&city 11 %QC�� 21 `lSU p a Pr •per ru'let an3 inlet Bafftes OK F/+�� fA," Liquid depth to RO level i i NQ+t}ht of t3-K t•ott,)rn abf.ve water table .�"x Distance to nierest building _+ N E •�pRAINf �� � Ilnts Trench width - ta' length of lines —Number of iELO Tonm p# a 'TVC NC N/ �• 1MO ir 7 c A �^ Total treatn+ent a.p , �•-, � c _L`1 Height of drain field above water table -_� u Tvpe:`'',•rpr material -� _� 2. , IECCJ- S,,,i type _ 1-�4CK c�WUY CLA'� LOAM8 cl V. D stance trnr� neatest btdq Tiie site __1_�.__.--- rnrc rate _minlin E L n f Is 11 -- / tl y under the i 2— I S Cr•ptn of ! over drsinf,yi.� TZ B Depth of roc t over tole Z u a a n E r c u m i M p 7 a Q U %SpEf TION RECORD ,aT1 COMPLIANCE v ►h _ <`__� � ram•+ f � .. �=�' � � �+C � /�hriA+� LOCATION PUMPOUT RECORD SKETCH DATE GALLONS '.014i:JRMiNa 5 `_; Jfr-, ANDARD N NONCONFORMING q5' _ trg' r �Ir 40 Ii Jr y0 ?2 1. 37 1 S M H. fN 7ANK. I worwip 6-11" of j Its, w • l�,> tit �. S T . Include 1) Writ location 21 Distance from house to septic tanks, dist. box, and grainfield 3? North arrow and road CITYof ORONO Vost Office ISox 66OUryi4al fray, b1innesotl: 5.-,:;:_':I&Munici Offices On the North Shore of hake Minnetonka October 14, 1987 Greg Perl 309 Westlake Street Long Lake, MN 55356 Re: Re -opening of Zoning F=1e #1:04 regarding variances for house addition. Dear Mr. Perl: Pt your request, I have reviewed Zoning File #1104 in regards to the items necessary for submittal to re -open that application. At the Planning Commission meeting of February 17, 1987 a number of conditions were recommended by staff and were adopted by Planning Commission in their motion to table the application. Those seven items included: 1. Applicant must provide a site: evaluation and design for interim septic repair/upgrade to handle the proposed house. 2. Applicant must provide an acceptable justification or hardship reason for granting the structure-te-structure setback vari--nce, or revised plans to show house attached to garage; staff recommended denial of the variance and recommended thjt applicant redesign to maintain: the 10' setback between the structures or attach the garage to the house. 3. Staff recommended approval of the :.idc: setback varia*ice given that the addition is no closer to the side lot line than the ex -sting house. 4. Staff recommended approval of the rear setback variance given that the septic system limits expansion tc the front, the garage limits expansion to the right and building height limitation limits expansion upward, leaving only the expansion to the rear as an option, 5. Staff recommended that the home occupation problers on the property be addressed by the applicant and be resolved. 6. Applicant was directed to provide a to -scale set of plans er revised plans fc,r the City to review (Existing plans file:: are 1"-4.31, not a wort',,ab!e neale). Applicant is to provide an update3 survey verifying the location of the garage. 7. Applicant is to provide* acceptable justification for the height variance or recesign the .,t ructure to eliminate the need for that variance. Fit it nI%IG A I(I%W(. 4' i 115' • ADMI%l&rR AnaN A F1rA%('t 4 1 'VAR • M Ott t %(H(h♦ 4" ASStSSINt: Greg Perl, 309 Westlake Street October 14, 1987 Page 2 of 3 In regards to Item #1, I have reviewed your septic design by Advanced Surveying and Engineering and note that that site evaluation report finds soils that are not suitable fc,r a trench type septic system. However, the site evaluator did recommend construction of additional drainfield trenches which normally would not be acceptable. We are treating thi- s an interim case because sewer is contemplated for the: Westlake Street Normally with the type of soils and the depth to water table indica, r mound type of drainfield system would be appropriate, however, gir,2n the sewer situation, it would seem appropriate to add less costly trenchis to the existing system as an interim measure trot would not be expected '-o solve the existing problem on a long ter:, basis. Note that the Planning Commission did not recommend that the septic system interim repairs be completed prior to con' ' nuing the review, only that a report be submitted. We would expect ti— c interim repairs take place thi. fall or next spring if necessary. Under Item #2, we have yet to receive a revised sct of plans showing the house attached to the garage, although I understand you have those available or will have those available shortly. They should be submitted as soon as possible. Regarding Item #S, the home occupation problems 'lave not re -occurred and appear to no longer be an issue on the property. Regarding Item #6, we have yet to receive a scrile set of Flans and we presume that you will be resubmitting a revised set ghat are of a workable scale. Also, before the application can continua you must provide an updated survey vrriiy.ng the location of the existing garage. The survey submitteJ pre- ty dial not accurately depict the existing garage and that is critical tc: i application. Regarding It,^m i7, if your new design noes not eliminat, the need for a height variance, please address in writing the reasons why thz!.. variance should be approvcc, i.e. show why you cannot redesign the house 1., meet the _standards. oocc '-he items noted above have been completed and submitted, I will be pleased to bring this application back to the Planning Commissinn for continuation of rho review. It would be helpful for all. your information to be submitted at least 2 weeks prior to the Planning Commission meeting. The next meeting that you could feasibiv !)e scheduled for would be November 16th. T would reed all information in by Monday, November 2nd. Greg Perl, 309 Westlake Street October 14, 1987 Page 3 of 3 To summarize, the following items must be submitted by November 2, 1987 in order for your application to be scheduled for the November 16 meeting: 1. Submit a to -scale set of revised plans. 2. Those p' --is should show that the 30' height limitation is not exceeded, c submit an accompanying letter describing why the house can't be rec,z:.'_g d to meet it. 3. Submit an updated survey showing the actual location of the garage (to be located by surveyor). Please contact me at 473-7357 if you have questions or comments. Sincerely, Michael P. Gaffron, Asst Planning & Zoning Administrator MPG/tln cc: Jeanne A. Mabusth, Building & Zoning Administrator Thomas J. Jacobs, Building official Lyle Oman, Field Inspector Mark E. Bernhardson, City Administrator • To: Mayor Grabek & Orono Council Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 19, 1987 Subject: #1107 William Lewis & Kathleen Trettel, 475 Linden Avenue - Renewal Variance - Resolution Arplication - Lot area variance for construction of j residence. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Planning Commission Action Notice of 11/19;47 Exhibit C - Memo & Exhibits of 11/13/87 Pertinent Facts Zoning District - LR-lB Lot Area Required - 1.0 acre Lot Area Existing - 0.61 acre Variance Previously Granted in 1980 Discussion - Please review the memo and exhibits of 11/13/87. The applicants propose to construct a residence on the property within the next year or two. Issues discussed by the Planning Commission and neighboring property owners included maintenance of open space in the neighborhood, and concerns about the effect of development of that lot in relation to existing drainage patterns in the neighborhood. A portion of the discussion centered around whether or not applicants should share in the costs of improvement and maintenance of the culvert underneath the access driveway to the properties to the west. Staff noted that although the driveway and culvert are within City right-of-way they were privately constructed and have been privately maintained. The City does not maintain Oak Street past its intersection with Linden Avenue. Planning Commission reviewed this application at its November 16th 1987 meeting and recommended approval of the lot area variance finding that: A) There is no additional land available for purchase to ma'ce this a conforming parcel. B) The lot area is consistent with that of other developed lots in the neighborhood. C) The variance was previously qranted in 1980. D) Sewer is available and has been assessed for a total of one unit. E) Ample area exists on the lot to develop a single family residence and pertinent improvements without the need for further variances. Zoning File #1107 November 19, 1987 Page 2 of 3 Planning Commission recommended that tnat approval be subject to: 1. Setbacks of 35' from the west, south and east lot lines and 10' from the north lot line. 2. Payment of Park Fee c' S390.00 at the time a building permit is issued. 3. Legal combination of all four lots into one tax parcel must be filed and accepted by Hennepin County prior to issuance of a building permit. 4. Hardcover allowed (2/3 in 250-500'; 1/3 in 500-1,000') may not exceed 8,360 s.f. on the property. 5. Applicants shall grant a drainage easement over the westerly 10' and southerly 10' of the property. 6. Improv`ments to the property shall not have an adverse effect upon the drainage pattern in the neighborhood. Applicants shall stare in the costs and shall share in the responsibility for improven,,•,,�s to the dra.inageway and culvert underneath the driveway serving the two properties to the west. Applicants agree to allowing and sharing responsibility for necessary drainageway improvements within applicants property boundaries. Such improvements may include but are not limited to the following: A) Culvert inlet upgra-le including baffle weir or drop structure. B) Excavation of a larger storage area just above the culvert. 7. Applicants are ad%ised to attempt to work with the two directly benefitted property owners to the west in order to facilitate minimal expenditures of private funds to accomplish the drainage improvements. 8. Prior to issuance of a building permit, applicants shall provide a detailed grading and drainage plan sufficient for City staff to determine that the drainage pattern of the neighborhood will not be adversely affected by improvements to the property. Planning Commission vote on this recommendation was 5 ayes, 0 nays. Continued 1 Zoning File #1107 November 19, 1987 Page 3 of 3 Staff Recommendation - Staff recommends approval per the Planning Commission recommendation. Note that the conditions of the approval do not place a specific time frame on when the improvements to the culvert and driveway area shall take place. Given the nature of the improvements necessary on applicants' side of that driveway, staff would suggest that the drop structure or baff le weir and the excavation of a larger storage area be a part of the building permit requirements and that no Certificate of Occupancy be issued until those minimum improvements are completed. This again raises the issue of whether the neighboring property owners will at that point be forced to expend private dollars to share in the cost of those inlet end improvements. I would suggest that discussion between Council, Public Works Director, City Engineer and City Legal Consultant ensue prior to Council's final vote on this matter. Staff would note to Council that the applicants are in town only for a short period and then will be returning to Nashville, hence if possible they request final action tonight. k f City of ORONO " RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #1107 WHEREAS, William Lewis and Kathleen Trettle (hereinafter "the applicants") are the owners of the property located at 475 Linden Avei.ue within the City of Orono (hereinafter "City") and legally described a5 follows: Lots 1, 2, 3, and 4, Block 3, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on a lot of 0.61 acre where 1.0 acre is normally required for construction of a residence. NOW, THEREFIRE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1107. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended approval of the proposed variance based upon the following findings: A) There is no additional land available for purchase to make this a conforming parcel. B) The lot area is consistent with that of other developed lots in the neighborhood. C) The variance was previously granted in 1980. D) Sewer is available and has been assessed for a total of one unit. E) Ample area is available on the lot to develop a single family residence and pertinent improvements without the need for farther variances.. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The City Council finds that development of the property will necessarily require additional filling and grading on the site and finds that such grading and filling will not have a significant effect on the existing drainage pattern in the neighborhood as long as a detailed grading plan is submitted and approved by the City Engineer prior to issuance of a building permit 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 applicants and the effect of the proposed variance on the health, safety and welfare of the community. 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 serve as a convenience to the applicants, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of tics applicant; and would be in keeping with the spirit and intent of vhe Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on a lot of 0.61 acre in area where 1.0 acre in area is normally required, subject to the following conditions: 1. The proposed residence structure shall be set back 35' from the west, south and east lot lines and 10' from the rorth lot line. 2. Park F'ee of $390.00 shall be paid at the time a building permit is issued. 3. All four lots shall be legally combined into one tax parcel. Such a combination shall be filed and accepted by Hennepin County prior to the issuance of a buildinq permit.. 4. Hardcover allowed on the property (2/3 in the 250-500'; 1/3 in 500-1,0001) may not exceed 8,360 s.f. 5. Applicants shall grant a drainage easement over tYie westerly 10' and southerly 10' of the property. "luch enr;-mcnt shall be granted prior to filing of this resol,tion. Pago 2 of 5 : ,... City of ORONO ,,--' RESOLUTION OF THE CITY COUNCIL �j NO. 6. Improvements to the property shall not have an adverse effect upon the drainage pattern in the neighborhood. Applicants shall share in the costs and shall share in the responsibility for improvements to the drainageway and culvert underneath the driveway serving the two properties to the west. Applicants agree to allowing and sharing responsibility for necessary drainageway improvements within applicants' property boundaries. Such improvements may include but are not limited to the following: A) Culvert inlet upgrade including baffle weir or drop structure. B) Excavation of a larger storage area just above the culvert. 7. Applicant is advised to attempt to work with the two directly benefitting property owners in order to facility minimal expenditures of private funds to accomplish the drainage improvements. B. Prior to issuance of a building permit, applicants shall provide a detailed grading and drainage plan sufficient for City staff to determine that the drainage pattern of the neighborhood will not be adversely affected by improvements to the property. The improvements to the inlet end of the culvert including the baffle weir or drop structure and the excavation of a larger storage area shall be included on that drainage plan and shall be completed prior to issuance of a Certificate of Occupancy for the residence on that property. 9. Authorities granted with this resolution run with the property not with the applicants, but are - iissive only and must be exercised by application for a building -rill within one year of the date of Council approval, or this vari-nce will expire on that date (November 23, 1988). 10. Violation of or non-ccmplienee with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 11. The undersigned applicants havo read, understood and hereby agree to the terms of this resolution and can behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. rage 3 C,f 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. — - Adopted by the Orono City Council on this 23rd day of November, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabc!k, mayor Property Owner(s) property but no financial intere-st, therefore felt there was no problem with voting on this application. Brown noted that several or the accessory structures on the property are in a state of disrepair and asked how the City coulc- deal with tha'- . Mabusth stated that the condition of the accessory structure are not related to the subdivision, hoewe%er, the City can inspect the structures and deem them hazardous buildings as a separate issue. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Johnson, to table this application pending additional information per staff recommendation. Motion, Ayes 4, Nays 0. 11104 GREGG PERL 309 WESTLAKE STREET VARIAN7CES CONTINUATION OF PUBLIC HEARING 7:14-7:22 Gregg Perl was present for this matter. G,-ffron explained the request for rear and side ietback variances and heiph;. variance to construct an ad•'A•tion tc existing residence. Applicant requests a -:etoack variance for the garage to be located 2' from the house structure, which staff recommends should denied and structures should be attached for safety reasons. Regarding the height variance, he explained that a variance would not be required if the peak did not have open space, however because the peak is cpen space with window, a variance is required. Recx3rdinc_- the septic system, applicant plan an interimrepair of the system until it is known whether City sewer will come in in the next few years. If sewer does not come through, a mound system is anticipated with no alternate site available. Staff finds no problem with the proposed interim repair. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by Johnson, to recommend approval of the variances per staff recommendation including attachinq t.h- garage to house structure. Motion, Ayes 5, Nays C. f1107 W. IEWIS/K. TREITEI. 475 LINDEN AVENUE VARIANCE CONTINUATION OF PUBL'.0 HEARING 7:24-7:56 William Lewis and Kathleen Trettel were present for this rratter. 2 Gaffron explained the request for a lot area variance for construction of a residence. The lot is .61 acres in an area zoned 1 acre. The .61 acre lot size is consistent with the neighborhood lots. He reviewed the required setbacks that must be met on the lot in order to build a house. The lot has been assessed for City sewer. He noted that the neighbors are concerned with the drainage and existing culvert. Mr. Lewis :Mated that prior to buying the lot a lot area variance was granted and noted they have been paying the sewer assessment for a buildable lot. Gaffron read the minutes from the August 11, 1980 Council meeting which approved the lot area variance. Bellows stated she was not convinced that the lot was buildable. She was concerned with the access and structure location. Mr. Lewis stated he planned to build in the next couple of years noting he could not build this year because he is currently working in Nashville, Tennessee. Marty Blo Ker, 450 Linden, felt Planning Commission should not make an objective decision until reviewing the access, location of structure, and elevations. Mr. Lewis stated that would require a lot of investment and detail prior to obtaining a variance. Hanson shared Bellows' concern regarding addressing the access, but felt the building env .lope does allow a buildable house. Regarding the access, Mr. Lewis stated they have considered access off of Oak Street given the steepness of a driveway off of Linden Ave. Charles Hommeyer, 4125 Oak Street, stated he was concerned with the drainage with the increased hardcover and felt it unrealistic to build a house on the lot without changing the drainage. Gaffron explained the City Engineer's recommendation to upgrade the culvert to solve the additional drainage from the building site. The question is who should pay for the cost to upgrade the culvert? Staff feels that the two property owners that would directly benefit frog► he culvert upgrade are Hommeyer at 4125 Oak Street and Roland/Roden at 4119 eak Street, noting that applicant receives an indirect benefit by the existence of the culvert. Ken Roland, 4119 Oak Street, stated he wa3 concerned that the lot area variance would be granted and the property would be sold with new owner requesting additional variances to build the house. Bellows explained that the variance is in effect for one year and runs with the property, not the owner. Additional variance requests would have to be reviewed and approved by the City. Ann Hommeyer, 4125 Oak Street, stated it was her understanding that if the variance is granted and the culvert is upgraded they would have to share in the cost of the upgrade, however, they have had no problem with the culvert as it exists with maintenance. Hanson felt the drainage may involve legal issues that should be addressed by the City Attorney. Taylor noted that staff recommendation states that "Improvements to the property may not change the drainage pattern in the neighborhoc,d. Applicants shall share in the costs and shall share in the responsibility for improvements to the drainageway and culvert underneath the driveway serving the two properties to the west." He felt, based on comments made, that the parties effected by this application are in now in a position to deal with staff recommenuation. Brown felt that the issue of who pz.ys for the culvert upgrade cost is beyond the Planning Commission's scope. Taylor suggested tying the condition of nc change in drainage--Ald/or resolve of drainage prior tr) issuance of building permit. Mabusth stated that tying this ccndit�on to the issuance of a building permit is acceptable. There were no other comments fron the public and the public hearing was closed. It was moved by Bellows, seconded by Taylor, to recommend approval of the renewal variance per staff recommendation subject to the following condition: I. At the time of building permit r3view, sufficient information is submitted to the City for staff to make the determination that the drainage pattern will not be "adversely affected" by improvements to the property. 06 haF. been satisfied. Notion, Ayes 5, ways 0. #1207 GENE AND CATHERINE SCANYDN 2815 CA co roINT ROAD VARIANCES E ZONING FILE NO. 1107 CITY OF ORONO NOTICE OF PLANNING COMMISSION 11�1'TION P.O. Box 66 Crystal Bay, MN 55323 473-7?57 Date of Notice: 11/19/87 ---------------------------- ---------------------------------------------- TO: William Lewis COPIES TO: Kathleen Trettle 8 of Clarence Trettle Rt 1, Box 9 Bowlus, MN 56314 -----------------------------••--------------------------------------------- TYPE OF APPLICATION: XX Variance --------------------------------------------------------------------------- DATE OF MEETING: 11/16/87 VOTE: 5 For 0 Against Planning Commission recommmmiends the following: XX Approval subject to conditions noted below NOTES AND SPECIAL, CONDITIONS: 1. Setbacks of 35' froia the west, south and east lot lines and 10' from the north lot line. 2. Payment of Park Fee of $390.00 at the time a building permit is issued. 3. Legal combination of all four lots into one tax parcel must be filed and accepted by Hennepin County prior to issuance of a building permit. 4. Hardcover allowed (2/3 in 250-5001; 1/3 in 500-1,0001) may not exceed 8,360 s.f. on the property. 5. Applicants shall grant a drainage easement over the westerly 1 ^' a 1 southerly 10' of the property. 6. Improvements to the p perty shall not have an adverse effect v drainage pattern in the neighborhocd. Applicants shall share in t',-:_ and shall share in the responsibility for improvements to the drain, . and culvert underneath the driveway serving the two properties to the Wes Applicants agree to allowing and sharing responsibility for necessar drainageway improvements within applicants' property boundaries. Such improvements may include but are rot limited to the following: A. Culvert inlet upgrade including baffle weir or drop structure. B. I'xcavation of a larger storage area just above the culvert. 7. Applicants are advised to attempt t ork with the two t:irectly benefitted property owners to the west i order to facilitate minimal Expenditures of private funds to accomplish the drainage improvements. 8. Prior to issuance of a building permit, applicants shall provide a detailed grading and drainage plan sufficient for City staff to determine that the drainage pattern of the neighborhood will not be adversely affected by improvements to the property. Zoning File #1107 Planning Commission Notice of Acton November 19, 1987 Page 2 of 2 Applicant's next scheduled meeting is confirmed as: City Council November 23, 1987; meeting starts at 7:00 p.m. 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. TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zonir ,inistrator Date: November 13, 1987 SUBJECT: #1107 William Lewis & Kathleen Trettel, 475 Linden Avenue - Renewal Variance - Continuation of Public Hearing NOTE: This item was tabled on 2/17/87 in order for applicant be present. Application - Lot area variance for construction of a residence. List of Exhibits Exhibit A - Planning Commission Minutes 2/17/87 Exhibit B - Planning Commission Action Notice 2/19/87 Exhibit C - Topography and Watershed Exhibit D - Letter from Neighboring Property Owners 2/17/87 Exhibit E - Air Photo with Sewer As Built Map Exhibit F - Memo and Exhibits of 2/9/87 Exhibit G - List of LR-lB Lot Area Variances 1982-1987 PERTINENT FACTS Zoning Distrist - LR-lB Lot Area Required - 1.0 Acre Lot Area Existing - 0.61 Acre Variance Previously Granted 1980 Discussion The applicant lives out of state, hence the extended tabling of this item until applicant was able to be present. Planning Commission first reviewed this application in February 1987. The neighboring property owners submitted a letter of objection and appeared at the meeting. The item was tabled pending applicant's presence to discuss the various issues, and further information regarding the drainageway and culvert. On 2/24/87 and 11/10/87 staff met with city Engineer, Glenn Cook, to review the site. His general comr�.ents were as fellows: The site appears to be quite buildable but (irainaye concerns will have to be properly addretised. - There is no defined drainageway at the rear or west side of the property, but it is a lower area that apprears to act as a saddle drainageway between the property to the north and the culvert to the south. - The watershed does not appear to be extremely large (4.5 acres calculated by MPG on 3/2/87) per existing 1 inch per 100' topography. - Development of the property will likely require some fill. A grading plan should be required at the time a house is proposed, for rev iew and approval by the Ci Eng inee r. Grading and fill must be done so that existing flows can be maintained on the property and not impede existing drainage patterns and rates. This appears to be feasible. The privately constructed and maintained culvert at the driveway crossing serving the neighboring properties to the west is in an undeveloped right-of-way. It is in poor condition suffering major erosion damage at the south, or outlet, end. This driveway will not be used for access to applicant's property, but all run- off from their property will go through this culvert, hence the additional run-off created by a residence on the property will make use of the culvert. The property would appear to receive some benefit from the existance of the culvert and driveway which serve to limit further gullying of applicant's property. It would appear that the initial work to get this culvert back into shape will include additional fill around the outlet, perhaps a drop culvert structure at the outlet, some rip -rapping around the inlet and outlet ends and excavation of a slightly larger storage area at the inlet end and construction of a baffle weir. The probable cost of such work is in the neighborhood of $5,000 (rough estimate by City Engineer). Who should pay these costs of the culvert upgrade? Staff suggests that the two property owners directly benefitting are Hommeyer at 4125 Oak Street and Roland and Roden :t ;11� Oak Street. The applicant property owner receives an indirect benefit by the existence of the culvert, and a portion of the necessary repairs and upgrade would have to occur on the appl icant's property. Arg • ably other property owners upstream of the culvert receive an indirect benefit from it and arguably the Sieqel property at 4111 Oak Street and other properties along Oak Street are contributing to the outlet end erosion problem and could .also be conceivably involved in cost sharing. Staff notes that if this was to be a public st •gym sewer project with all benefitted property owners beinS assessed the attendent engineering and legal costs could easily triple the $5,000 estimated price tag. Staff would suggest that the costs of upgrade and maintenance of the culvert should fall primarily on the two property owners who benefit directly and could arguably be shared by t►f, .appl ic•ant property owner as wel 1 as other property owner^ in the neighborhood who benef it by the culvert being loratni within tho driveway, that serves to halt gully erosion. When should the work be comple•ced? If the Planning Commission and Council feel that applicant should share in the costs of a private culvert upgrade project, then the other two directly benefitted owners must also agree to spend money at this time.... It would seem there needs to be some agreement on all sides in order for this upgrade to happen privately. If the neighboring property owners insist that the project become a public project, shared by all benefitting property owners, whether their benefit is direct or indirect, then the attendent costs of such a project will undoubtably rise. Staff recomendation Staff would recommend approval of the lot area variance renewal finding that: A. There is i 10itional land available for purchase to make this a oi-ming parcel. B. The lot area is consistent with that of other developed lots in the neighborhood. C. The variance was previously granted in 1980. D. Sewer is available and has been assessed for a tot ,1 of one unit. E. Ample area exists on the lot to deg elope a singl- family residence and a pertinent imprc•vements withou• the need for further variances. Approval is subject to: 1. Setbacks of 35 feet from the west, south and east lot line and 10 feet from the north lot line. 2. nt of park fee of $390.00 at the time a building permiL is issued. 3. Legal combination of all four lots into one tax parcel must be filed and accepted by Hennepin County prior to issuance of a building permit. 4. Hardcover allowed (2/3 in 250-500', 1/3 in 500-1000') may not exceed 8,360 square feet on the property. 5. Applicant shall grant a drainage easement over the westerly and southerly 10 feet of the property. 6. Improvements to the property may not charge the drainage pattern in the ne-A,a,hhorhood. Applicants shall share in the costs and shall share in the responsiCility for improvements to the drainageway and culvert underneath the driveway servin(3 the two properties to a 3 the west. Applicant agrees to allowing (and sharing responsibility for) necessary drainageway improvements within applicant's property boundaries, such improvements may include, but are not limited to the following: a. Culvert inlet upgrade including baffle weir or drop structure; b. Excavation of a larger storage area just above the culvert. 7. Applicant is advised to attempt to work with the two directly benefitted property owners in order to facilitate minimal expenditures of private funds to accomplish the drainage improvements. MINUTES OF THE PLANNING COMMISSION MEETING FIELD FEBRUARY 17, 1.987 #1106 POTAS CONTINUED Bellows agreed with staff's recommendation feeling that there is substantial area for hardcover trade-offs and/or an alternative plan. Mr. Potas stated he felt hardcover trade-offs to equal existing hardcover would be reasonable. Chairman Kelley noted the issue of sightline encroachment which seemed to be present in the proposal and is opposed to encroachment into average setback. Taylor stated he was concerned about the hardcover and felt that hardcover should be reduced substantially. He was not as concerned about the sightline encroachment. Mr. Potas stated that the adjacent property's sightline was already obstructed by the trees. Cohen agreed with Taylor's recorr"-n_ndation. Johnson stated he agreed on the reduction of hardcover and would need to visit the s4 to to determine if there is any sightline encroachment. Curtis Johnson, 2024 Shadywood Road, felt that the addition should not encroach into the average setback, which would be consistent with Planning Commissions' past action. There were no other comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Taylor, to table this application pending: a) resolve of sightline encroachment b) specific proposed hardcover trade-offs c) staff to review drainage Swale (Bellows' initial recommendation Motion, Ayes 6, Nays 0. %#1107 W. LEWIS & K. TRETTEL 475 LINDEN AVENUE RENEWAL VARIANCE PUBLIC HEARING 10:45 - 10:52 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for renewal of lot area variance which was originally approved in 19b6. He reviewed the following facts: Lot Area - Required 1.0 acre, Existing 0.61 acre, Variance 0.39 acre; I.ot Width -Required 1401, Existing 12 MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 1.7, 1987 i1107 TRETTEL CONTINUED 200' plus, No variance needed. Ile submitted a letter of objection signed by 4 neighbors (all of which are! present) which staff received this day. Assistant Zoning Administrator Gaffron noted that the applicants live in I1iinois and asked that the Planning Commission review their application without their presence. Gaffron indicated to the applicants that their absence would be accepted because this was a renewal application, however, advised them that if Planning Commission had any questions or concerns in this application it may be tabled requiring them to be present at the next review. Cohen felt that because there are objections to the proposal it would be appropriate that the applicant or a representative be present. It was moved by Cohen, seconded by Chairman Ke 1 ley, to table this matter for the presence of applicant or representative. Motion, Ayes 6, Nays 0. Councilmember Goetten suggested that the neighbors' be given the opportunity to be heard at this time. Present for this matter were: Dave & Debbie Siegel, 4111 Oak Street, Ken Rolland, 4119 Oak Street, and Karen Roden, 4119 Oak Street. Ken Rolland noted that the property has been for sale for the past 10 months and questioned whether Clyde Place could be vacated. Assistant "Loning Administrator Gaffron stated he would notify all persons concerned informing them of thr� next scheduled meeting to review this application. He also recommended that an updated survey be submitted showing the location of the culvert, and that the City Engineer make a recommendation regarding the drainageway. #1109 CURTIS L. JOHNSON 2024 SHADYWOOD ROAD VARIANCES CONTINUATION OF PUBLIC HEARING Curtis Johnson was not present for this matter and , as stated in staff's memo, the applicant has requested that review of this variance application be tabled until revised plans are submitted to City. It was moved by Taylor, seconded by Bellows, to postpone this application per applicant's request. Motion, Ayes 6, Nays 0. 13 ZONING FILE NO. 1107 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 2/19/87 ----------------------------------------------------------------- TO: William T. Lewis COPIES TO: Kathleen Trettel 1501 West Fayette Springfield, IL 62704 TYPE OF APPLICATION: XX Variance -------------------------------------------------- DATE OF MEETING: 2/17/87 VOTE: 6 For 0 Against Planning Commission recommends the following: XX Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: At 8:00 A.M. on 2/17/87, a letter signed by property owners to the south and west of subject property was received at the City offices. A copy of that letter is attached for your review. The concerns expressed in that letter could not be adequately addressed by City staff on such short notice. The neighboring property owners appeared at the Planning Commission public hearing on 2./17/87 and requested that the application be denied, citing the reasons as stated in their letter. Planning Commission felt it was unfair to take any action wit:iout the applicant being present to address those unanticipated concerns. The item was tabled until the applicant can be present. Given the above tabling, it appears your application for a simple variance renewal may not be as simple as we had originally expected. I am scheduled to review your property with the City Engineer on 2/24/87 to discuss the drainage concerns expressed. The topographical survey you allude to in your application is necessary to our further review of the application. It is likely that if the lot area variance is approved, a number of conditions would be attached, such as granting of a drainage easement and upgrading of the drainage -way at the southerly end of the lot. Please call or stop in to discuss this matter. The next Planning Commission meeting is scheduled for March 16, 1987. Please let me know if you or your designated representative can attend that meeting. 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. PC,J b 2- Planning Commission City of Orono 1275 South Brown Road Orono, MN 55323 Attention: Jeanne Mabusth, Building and Zoning Administrator Re: 2/17/87 Hearing item #1107 We, the owners of affected properties, oppose the issue of a variance to permit construction of a single family residence on the above parcel of land for the following reasons: 1. This parcel is both of substandard size and quality. The land drops away sharply from Linden Avenue as much as 7-12'. The rear half of the parcel is nearly always damp and soggy. 2. The rear half of the property serves as drainage for adjacent proper- ties to the west, north and east. The water that perculates through this parcel flows into Lake Minnetonka through a small culvert under Oak Street. 3. The water pressure in the spring on this culvert is already sufficient to cause water flow under as well as through the culvert. Oak Street at this point is unpaved and privately maintained by the users. The maintaining users are concerned that a house erected on this parcel will increase the run off pressure on the culvert resulting in increased maintenance costs to a mad that already has erosion prone character- istics. Since an owner of this subject parcel would not u,-e this portion of Oak Street, the cost of handling resultant increased erosion problems would be shifted onto others. 4. A home built on grade with appropriate set back from Linden Avenue would be at least 7-9' below Linden Avenue. This would make acce_s difficult in winter and also cause potential water seepage problem; for the house. For these reasons, a builder may desire to raise the house utilizing substantial fill. The use of fill would further aggravate the erosion problem; possibly impound the water flowing from the north or redirect Seater onto properties to the west.. The use of fill might also require tt:? removal of a number of trees which would exacerbate run off problems. 5. A further impetus to the use of fill,with its attending problems,is that if the house were built on grade, it is possible that the ground level would be below the sewer line under Linden Avenue. 6. In order to try to avoid the above -mentioned problems, the Council could be asked for a set back variance from Linden Avenue to allow the house to be built on higher ground. Other hones on Linden now comply with the 35' set back requirement. 7. Because all drainage runs directly into Lake Minnetonka, increased drainage caused by fill and ground alteration could affect lake water quality. 8. If this property is declared buildable, an innocent buyer will be faced with all this parcel's inherent problems and pressure will be put on the Council for further accommodations to relieve the buyer of "hardship." 9. If this parcel is declared to be buildable, then a similar variance for Block 4 Minnetonka Summit Park, which abuts this parcel on the west, is now vacant and has similar problems, would also have to be granted when applied for. For all these reasons, we urge you to decline the variance request on this parcel. Respectfully submitted, .c�,v �i• ., �'Sb. � 9 � !i �.� r: � r ty 6A • � � ,� aMA .. a. a ��� � Z i 4� }. , �� `/�� _� � r \ yip ,y, . •fs ,4 1 ,;�fa '4 I 0 jaO� H •� 1' / ' sv.1` 4�sm IL'-''1 /7 �✓` �t �i• �•.. ,yT,ti ; :1 � 1 O) ' C , f Ems+ ,,�• •�• °'� T s ra �•� I �• !:-'•..r ry� .'1' � 'l� '� 1 k�• L_l �, t ••/':'•7r"��'".i µ, it � -�' . Ir ik AK .-� J'P,-, +vr - !'� ':.f� `;� t '�' •� '. •�,��.".'' toy. l 2b. � ~ y \ � �' 1 � :. E f 6 ' 1 ` . } �/ !- � gym,, `+D t •r)'' ' ..',.�••' •- ' �•• _ - b j e 31Y. 98l4:� ��'• YJ .k �+ j� i ` , - �-;\ .-- - � ter; ; � �,• � - � . �, `` � _ T l� S: ! � = • .� �A. :.� ; ?,��y -ram - � � `+ , ` �.. ti y .r•e-._ ... � f•• ,�,;, _ � a .96' moo+ G'/ + ^ •�G •. • D � �,•-1r t �f ..._.!!' . 0 -•.8. d ` !�• a .-' •�11V•aeo.9 1+ r.: `�. '•• - ... - — •vJ80 �` tom. � � t�• _ _ Joe it .•�'_�.r ••��~. •"�Y: /'� i• -.t � t � `• ,i�� / _ ` _ �r `/,/'�— _�• s fAb t i � CA6i° CIS: M • f +• - �...t i - t • ,� F� •+ ��?� 1 f 128 i i1i t,+ i• SC ....f.w'• •�.:a 44 ''"-.'+,+iV L �i _iC`,i.• • / `!•' it3d�• -r 19 ELV- 10.5'y'16.. D • 1 O' ) D • fi ! 3 i : �,��t �bG' t� y_'992 K'• - Nv t 00't . p1�I �9e.90 + �� \ 1111V 992�' To: Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: February 9, 1987 Subject: #1107 William Lewis and K. Trettel, 475 Linden Avenue - renewal Variance - Public hearing Application: Renewal Lot Area Variance List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Plat Map Showing Local Ownership Pattern Pertinent Facts: Required Existing Variance Lot Area: 1.0 Ac 0.61 Ac 0.39 Ac I:ot Width: 140' 200'-plus - Average Lot Size (of 21 �-eighboring developed lots within 500'): 0.59 Ac (See Exhibit E) Discusf ,: This is a request for renewal of a lot area variance originally granted in 1980. The property is surrounded on three sides by right- of-way and on the north by a large occupied tract. If Linden Avenue is considered as the front, the lot exceeds the minimum width requirement. Setbacks for the property would be 35' from all 3 dedicated roads and 10' from the north line. This leaves a building envelope 180' wide ranging from 33' to 60' deep, which should be suitable for construction of a single family home without the need for additional variances. The 4 lots have each been assessed 1/4 unit for sewer, and a sewer stub is available. Development on the property will not change the existing drainage pattern in the neighborhood. However, the approval should be conditioned on no obstruction of existing drairiageway from the north through the rear of the property. Zoning File #11107 February 10, 1987 Page 2 of 2 Staff Recommendation: Staff would recommend approval of the lot area variance renewal, finding that: a) There i ito additional land available for purchase to make this a conformii.g parcel. b) The lot area is consistent with that of other JeN-�lopcd lots in the neighborhood. c) The variance was previously granted in 1980. d) Sewer is available and has been assessed for a total of 1 unit. e) Ample area exists on the lot to develop a single family residence and appurtenant improvements without the need for further variances. Approval subject to: 1. Setbacks of 35' from the west, south and east lot lines, and 10' from the north lot line. 2. Payment of park fee of $390 at the time a building permit is issued. 3. Legal combination of all 4 lots into one tax parcel must be filed and accepted by Hennepin County prior to issuance of building permit. 4. Improvements to the property may net change the drainage pattern in the neighborhood. 5. Hardcover allowed (2/3 in 250-500', 1/3 in 500-1,0001) ray notexceed 8,360 s.f. on the property. /r iovs_ f• 7 Fee s; i . >; Receipt �r �� ._,� 2 Initials - 2 ! CITY OF ORONO - VARIANCE APPLICATION Initial Application F �0.00 ($50.00 per each additional variance) Renewal Variance Fee 75.00 (no change from original application) ftMS SIGN / After -the -Fact Fees (Dou a application fee) bIT ✓ PROPERTY LOCATION -------- ------ b --- - - -A � JQ_, ti.� 4 c ., iJ; 1'Ewn• lx ccQ_ j T-C ow Site Address �' c d. Ik��a .4nuLk Property Identif ication Number (P. I. D.8 2-Tz Please check one - Is the property abstract or torrens? Attach legal description to application if not included on required survey. ----------------------------------------------- ---------------- As Ct: /APPLICANT 3(020 Hr_z�)L i)iLL. Ronc Phone (home') NA�MVU-LE "ram 37ZIS Name '{ %�...- _I cc ti d, /•\ .. '1; �`� / Phone (work) 4`44 Address: /_ti t rcYc,c7y City: �` �u -�r Zip: L: ------------- --------------- r------------------'7------- ------------------ ✓01w AR (if different than applicant) Phone (home) Name <;arVx.0 ��a'"� Phone (work) Address: City: Zip: Date Property Acquired (month/year ) I (do)`,(do not) also own he adjacent parcels of land. --------------- ------------------------------------------------------------ /PRZSMT USE OF PRC,?ERTY Present Zoning District J 12 - 1 Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost-74 $ Describe request in detail: / VARIANCES REQUIRED _, Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other ----------------------------------------------------------------------- ✓ HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Ait4 *�,VcL._ d"" a,&tn, CXC,94 : wQ J,- --------------------------------------------------------------------------- ,� DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: IMo 1(4-LI-w AJM) --------------------------------------------------------------------------- OIRED 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). PS(AJ �tS7- l�.Q'lR_4p .� It 3. Stamped, legal sized envelopes (l#10) pre -addressed to each of the names on the above list with no return address. Certificate of survey including hardcover calculations as required. a NV� Plat Map. 0--------- ----------------------------------------------------------------- The Applicant arl Property Owner must sign this application. Please remember that yocr variance application is not complete if the above information has n t been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- 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 1.. %/_,, /'1'I .1L LA t 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 this request. / l Owner's Signature i';: / . �, <��ti/`� Date`l� —= Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission_M.eetin" are held on the third Monday of each month. Applicants must be presen% at all scheduled_ review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. �S4 90 \ • \ _ 'c ADD. j G jr G) TRACT0" TRACT "A" o Cv� ••_ 5' I.�- `P 3.Oz ! :33 y9'= L iJ c c- `, 4 3.; ub ti •tom 0 13. _ 15C .n(jy) I .n ,� 101)1__�._� 1 �„ flip 23�4, Q 14 - �i\i)-2 - - 15r 0) Cj� 2 m / ! ` :. ly1)13 �o 3 14 3 i . _ Its .o z �r ' or �ln 10 j 9 5(14) a lq'i2 b 1 `T. 6 it 6 s '00r w I 10 f% T O`\ Q -*31.1'—t:f l j -_ 0 1� Lot .; =�'%� `!• 4. ",1cr '6- of STREET I CIA ::—:7) — 4 (•Ilt9'>..� Sb) 8 ' tg6)16�^ IA)2 Q o. la10 II `kl1- - ~�. «.+ I o Q (13) la 4 1 v\ 154 At'�4' �16 to 4f 1! �� GQ - ,.,13 8 `� �15� — . le..,1 — F— �) 1s 3 a <; ' 9 r o yam+ 13- 5a ►. /�'. '. •r c y' 1 ^sn 9 t0 �L r �r{1t1 �i�np•• �- `•r h+.� �JJ . f-.� C ♦:. •�.. ''..c� it) 8xu c T/�` ' o1�5`I�M3 �t. - STREET ^ J S�a3 t :fig ^fl �u s:.t �;�3R„ '�' 6 ti.4^ 3• 1 Z o 14 - tc4 40 ]Sr N•ST `• 4 ° 0 rdN -- 10 ` `, CA�� K4 ,. 41 x �•� �� n { RUN DATE 01/12/87 BATCH 001 38 06-117-23 14 0013 PROP ADOR 00405 TO- AWA RD C:'lER NAME E W SPEttCER ETAL TAXPAYER E W SFEVCER NAME/AODR 405 7fl '' A:fA POAD LC!:G LAKE t:N 75356 �. 38 06-117-23 41 0021 PROP AQDR 00480 LINDEN AVE G�'iER t:Al1E JCAN 0 ALBERS TA�PAYEP DAVID VICTOR ALBERTSON NAt : ADDR 480 LIN`JEN AVE LOtlG LAKE r.4 55356 r 38 06-117-23 41 0024 PROP ADuR 00453 LINDEN AVE C:'iER tan.E P A L LARSON r► TAXPAYER PAUL C LtRSQN NA,Mc/ADCR 453 LIN: Etl AVE LONG LAKE r4 55 56 38 05-117-23 41 0027 NA-E W I LEWIS A K L TRETTEL TA' -,;:AYE:? K L TRETTEL A W I .EWIS NA!7E/4ODR 1501 W FAYETTE AVE SPPItIGFIELD IL 62704 38 06-11'-23 41 0030 PROP AQDR C' :`:ER N u, . C M HOMMEYER R A W HQMt{EY 4 TAXPAYER CHARLES A A%N '0FIIF`.ER NAME/ACDR 4125 OAK, ST LOtIG LAKE MH 55350 38 06-117-23 41 0036 PROP AQDR 04119 OAK ST 01-4ER NAME K 8 ROLLAND A K S RODFN TAXPAYER KEKNFTH ROLLANO/KAREN RODEN H MF/ADOR 4119 OAK ST ORCttO MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P1435401 PROPERTY OWNERS LIST PAGE 1 3b 06-117-23 41 0019 38 06-1I7-23 41 0020 00480 LINDEN AVE 004CO LINDEN AVE JOHN 0 ALBERS JCiiN 0 ALBERS DAVID VICTOR ALBERTSON DAVID VICTOR ALBERTSON 430 LINDEN AVE 2103 SHADYWOOD RD LONG LAKE MN 55356 WAY.'_ATA HN 55391 Imo" L �i 38 06-117-23 41 CO22 38 05-117-23 41 0023 00460 LINDEN AVE 004-"c LINDEN AVE JCHN 0 ALBERS M"911N J RAFFEPTY A WIFE DAVID VICTOR ALBERTSON DAVID VICTOR ALBERTSON 2100 SHADYWCOD RD 2100 SAADYKOCO RD WAYZATA MN 55391 WAYZATA MN 55391 38 06-117-F3 41 0025 38 06-117-23 41 0026� i t W LEWIS A K TRETTEL W L_WIS A K TRETTEL ::`1 I LEWIS Wy I LEWIS 1501 W FAYETTE AVE 1501 W FAYETTE AVE SFRIV_;FIELO IL 62704 SPRItIOFIELO IL 62704 38 06-117-23 41 0028 38 06-117-23 41 0029 W LEWIS A K TRETTEL STATE LA!M DEPT WM I LEWIS THO'AS R WILLI'.MS JR 1501 W FAYETTE AVE 425 TO!!Y.AWA RD SPRINGFIELD IL 62704 LON3 LAKE rJA 55356 3a 06-117-23 41 0031 38 06-117-23 41 0032 C A A HOM EYEP K B FOLLAND A K 5 RCOEN CHARLES A ANN HOMMEYER Y.ENNETH D ROLLAtID A K RODEN 4125 O:K ST 4119 OAK ST LO!;:; LA,_E t84 55356 c7c:10 M:1 55356 38 06-117-23 41 0056 04085 OAK ST TIVOTHY A ARGABRIGHT ET AL TIt'OTHY A ARGAEPIGHT 40,�5 OAK ST LONG LAVE rSl 55356 38 06-117-23 41 00C9 00425 TONKAWA PO THC!;AS R W:' ' ' jR ETAL THOMAS R WILLIAVS JR 425 TO`,QKAWA LONG LAKE t:N :55356 i-" P;,4 DATE 01/12/87 CATCH 001 38 06-117-23 41 0093 PROP ADOP 00507 PARK LA G 'ER NAME EPWIN D SMITH ET AL TAXPAYER E D & M D SMITH NAME/ACOR 507 PARK LANE LCKG LAKE MN 55356 MCP ADDR 0:.":ER NAME TAVPAYER TOTAL BATCH 4AME/ACDR 0- 001 000z1 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWERS LIST 38 06-117-23 41 0094 04111 OAK ST D & D SIEGEL DAVID H SIEGEL 4111 OAK ST LO'IG LAKE MN 55356 REPORT NO. PI435401 PAGE 2 38 06-117-23 41 0095 04105 OAK ST 0 H & S L ILSE DAVID H & SHEROKEE ILSE 4105 OAK ST ORONO MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFOPMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN CO'JNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. ^. // DATE ( 13-�� BY iV 1 'L • -,- • • s�tRsl Rini+; ` _ 4• ' ^ .�• f -� ,tip.- � w�\� TRACT •8.. '�- TRACT • ', TRACT o_ �tUNOEVE OPEDi it / •�? .31 14 2 >. _ Z 3 ►��� 4 g 1 yS 1O 14 �• 'yi4 13 it v p 'K 101 9 564) 12 1 +. } 3, '`11 f it 7 7 (4_) � � ��' � 5 ' 4• 1 i t 8 G7 1; ST Ilk 9. ZL t lr7)3 H �'f'' 1 13 L !a. t 1 3 14t 13 °= ap 13 3. t�yT I5' YES' U L you /UG Ce 0r 3 60 0, S r*YT' - 1-0&- : 4w to hb x . D ev. LorS /N lV eG H-C o!- yam Cot Dial �. �- \ A� ca 19. (e0 AC Q , y q d, zz 0,q Q , 3� LR-1B LOT AREA VARIANCES 19U2 - 1987 A. Granted: 10-87 Kaplan 2695 Kelly Ave. 0.39 acre 9-87 Kost 4760 Tonkaview 0.58 acre 3-87 La►+ge 4160 Fc•-est Lake Dr. 0.45 acre 9-86/11-8'1 4175 Noich Shore Dr. 0.46 ac, 6-86 1475 Cherry Place 0.64 ac 4-86/9- 4760 North Shore Dr. 0.39 acre 8-84 1448 Park Dr. 0.60 acre 4-84 2720 Pheasant Rd. 0.60 acre 4-84 993 Wildhurst 0.40 acre 4-84/10-8i Haa, a 4015 Dahl Rd. 0.39 acre 9-83 Canles 4798 North Shore Dr. 0.42 acre 8-83 Bloms 4195 Forest Lake Dr. 0.39 acre 3-83 Hommeyer 477 Park Lane 0.52. acre 6-82/3-87 Langhans 1374 Rest Point Rd. 0.63 acre B. Denied: 4-85 Hedlund 3990 North Shore Dr. 0.22 acr, 2-84 risk 493 Park Lane 0.25 acre C. Granted, but never used (Expired): 11-83 Munsell 4100 North Shore )r. 0.23 acre To: Mayor Grabek & Orono Coun..i i Members City Admir strator Bernhardson Fr.nn; Jeanne A. Mabusth, Building ..oninq Adminiztrator Date: November 16, 1897 Subject.: #1171 Landmark Construction, 3820/383C Bayside koac: preliminary Sl—iv.Lsion - Class III - Resolution Zoning Districts - (refer to Exhibit D) RR-lA - 5 acre cumulative dry buildable (2 acres minimum contiguous) LR-lA - 2 acre minimum dry buildable Total Area - 20.9 acres (exclusive of 13.0 acres d7-y 7.9 acres wet List o' Rx*� ' A.ts road outlo*s .end County road, •,.ibi " : - Application ibit B Property Owners List & Maiiina_ Cer catn L.. ibit C Plat Map Exhibit D - Zo .- , %g Boundary Map Exhibit E - MiY.er Lot Line Raarr<anyement - Appr i l "7 Exhibit k - P1-- Lncsting Existing Drive to No Exhibit C -.Ae'tte..;• Datea 7/27; 37 -hibit H - h.:nnepin County Highway Department Letter D Exti1:>it 1 Planning Commission Minutes of 7/20/87 & 9/. Exhibit J Blatz Mir„ Exhibit V - Green Trees Plat - Riparian Ou Exhibit L - Lehman Lagoon Plat - Riparian � Exhibit. M - Engineering Pians for Privat of l Exhibit N - Sep+.;- LoaAtions for Lots 2 Exhibit O - Applic:art's setter Seekin^ Use Exhibit t, Levan.., Lett -sr Exh? bit Q --.,%rdir&jr Packet Exhib R - Anderson Lar.:r hcceived Exhibit S - i j1? oat Rr-nent Cone. Exhib " T -" Ro--lett : LeL.�rs to 7oninr Pdministra; or & Coij,icil F,khi ri - Sket...► f Appo-red i,ccess . ib2.t " - Sketch Reali,aed Accoss "X"ibit w Preliminary Plat 10/87 Zoning File #li71 November 1,:: 1987 Page 2 of Review of Application - The subdivision or plat will create one new building site located within the RR-lA zone to the north. Landmark Construction is in the process of purchasing the beach house property (Lot 3) and the farm house property (combined Lots 1 and 2) from Mrs. Miner. The lot line rearrangement t',,at increased the area of Mrs. Miner's homestead property received final approval from the Council at their July 13th meeting (review Exhibit E). Lots 2 and 3, located within the LR-1A zone (2 acre minimum), are developed properties altl. �lgh the deve'-,)per }, advised that existing residential k- ructures wil?. ; removed and new umes erected. Complete septic testing was required f, r moots 2 and 3 and Lot 1, because of the 7 a::res in area and soils makeup, will not regiire septic testing. Both Lots 2 and 3 have adequate and suitable soils to sustain both an al'.ernat end principal system. Both lots will require mound systems. IA;t Configuration - Lot 1 - id ariance is needed for flag lot that does not meet the required 'dt t the rear of the required front yard (100 feet). Review Exhi: mot 1 contains * ie ent ; r.2 roadway bed that served as a field road .,orth. A conditijnal u:. permit must be granted for road construction. ...shin designated wetlands with the approval of this subdivision. Planninq Cummission has required that engineering plans for driveway be submitt, City Engin,.!er'. review prior to sched,iling the preliminary-11bdivision for Council'. approval. The City Enginecr has no major con n with the preliminar% road pli -is (Exhibit M). Planning Commission has avked to consider platting a road )utlot to the north within Lot 1 so that technically a width v?riance would not have to be grart - -.It because of thF existing field r-- location., platting of the .oad outlot was noc feasible. Lot ;t- - tains a 2.3 dry conti.. -s envelope witt. tl.e ►ealignment of .,e shared iot lines o: Lots 1 and " ..,d easily meets the required lot width. The proposed sertic test : will allow adequate room for the proposed new residence (review Exhiu_, N). A mound sy, :.n i_ proposed for both principal and alternative systems. Lot 3 - the wetlands boundary for this lot was determined "c the 931.5 e1"vat1on-upon a site inspection by Mike GOffron and reconfirmation by th City Engineer. The dry buildable of Lot 3 was increaseu. The drN contiguous envelope is 2.2 acres even with the rriv to road platted totally within its boundaries. This lo} has a restr'ct.°© b,.ildin, -nvelope because of the location c-f the private road and. the area d• ds for on site septic. Riparian Issue - The surveyor. confirms 4; 0 lineal feet of share 1 i ne for the riparian c tloc. The applicant asks for ripariar access for all three lots (review Exhibit O). Zoning File #1171 November 16, 1987 Page 3 of 5 The City has approved the creation of outlots for inland lots if the total area of the developed property was found to have adequate lengths of shoreline to satisfy a ratio of 1 lot per required lot width footage (review the Green Trees and Lehman Lagoon plats, Exhibits K & L). The total required lineal feet of shoreline for these 3 lots would be 700 feet (2 LR-lA lots x 200' = 4001, 1 RR-lA lot x 300' = 300). If this ratio is acceptable, Lots 2 and 3 would qualify based on the 420 feet of shoreline. The shoreline configuration prohibits the creation of 2 outlots. If multi ownership use of the riparian outlot i-: approved, a shared riparian use would have to be established providing for a single dock with a limit of 4 slips. A variance would also have to be granted for `:he accessory structure on a lot that cannot sustain a principal structure. The unique configuration of the shoreline and the fact that a major drainageway flows to the lake via the lagoon may also support a need to keep it under single ownership and single use - certainly the one adjacent neighbor would agree. The riparian property must be designated as an outlot on the plat. The outlot shall be legally tied to an inland lot with a special lot combination that would confirm the outlot of 1 acre as unbuildable and for the exclusive riparian use of the owner(s) of the inland lot(s). The combination also ensures both riparian outlot and inland lot would be sold as one unit in the future. 1W ad/Access - Th,e Miner homestead and three plat lots are all served by the private road outiot. The issue of the use of th 30 feet of platted right-of-way to the east as part of a re,,' outlot be ie mute in consideration of the Attorney's memo (Exhibit :. Note Mr. Gardiner's garage is located within the 30 feet alley - in fact it encroaches 1.5 feet into Lot 3. The legal description fog• *he property reflects the encroachment and states that the garage cannot bc rebuilt in present location if destroyed or removed. The applicant does not want the private road to serve the Gardiner or Anderson properties. Gardiner ,? Anderson are currently served by an existing driveway easement to :e ea,*:. Planning Commission did not feel it necessary to require this Anderson :end Gardiner pr^perti )e served by the private road. At the 4 unit level; the rr-ad must a 24 feet M.P.W. with a 40 feet M.P.W. diameter cul-de-sac. The City will only approve e total of 66 feet of right-of-way dedication for the County road rather tnan the 80 feet souqht by the County Highway Department. The final plat must designate the roams dedication for County Road 84. The County Highway Department has appro `he curb cut as shown in the staff sketch (Exhibit U). The access road ►, c enter Bayside Road at right angJes. The cut -de -sac has also been redE,,gned to save more t ees to provide screening buffers for rurroundinq_ neighbors. .%eining File #1171 November 16, 1987 Page 4 of 5 It was originally thought by the reviewing staff that the access location placed more to the east of the curb cut would be benefical to the property owner to the immediate south on Bayside Road but the Roulettes disagree. They want the curb cut moved further west. If the access is moved further west and we hold that the access must be at right angles to Bayside Road, Lot 3's limited building envelope will be further restricted and an area variance may be necessary. The ordinance requires that the building envelope must contain 2 acrea of dry land undivided by roadways or easements. As you mo f,.- her west the area on the east side of the road outlot can not be crew ced vo the lot's building envelope (review Exhibit V). The •,urrent ordinances cf the City have no standards for the placement or oa,. 3 far as setback from adjacent lot line or in relation to :in.-, iumes. The applicant is attempting to deal with most of the neA.-:bors directly regarding their concerns. Wetlands - The City shall ask for a Flowage and Conservation Easement over the 7.9 acres of wetlands. These wetlands shall be designated on the final plat as drainage easement and described in angles and bearings. The drainage%.-- through the riparian outlot shall also to shown as a drainage easement and included within. the Flowage and Conservation Easement. The neighbors have advised they never received notice of the public hearing for the subdivision and yet we have a mailing certification that confirms notification (see Exhibit B). Staff has met and talked with many of the neighbors regarding their questions. Many of their concerns have no bearing because there are no standards in the Zoning or Subdivision Codes that •rovide direction. Planning Commission Recommendation - To approve the three ' _ plat subdivision- application of Landmark Construction, Inc. finding - !I pertinent stanria__s of the RR-lA and LR-lA zoning districts and on -site septic codes have been s�:isfied and to approve a c_onJitional use permit for a pri%ate driveway that intersects a designated wetlands within proposed Lot 1 because there is no other available access to building site via the north (Luce I.ir.-) and there exists a roadbed that has served as access to the north for over 30 years and to approve a lot width variance for Lot 1 because of the configuration of the lot in relation to the existing roadbed and to grant a variance foi an accessory structure, single dock, on the riparian lot that cannot sustain a principal structure, subject tc the following conditions: 1. Designate 66 feet of right-of-way for County Road 84 on final plat. 2. Wetlands drainageway 1n riparian outlo, to be designated as drainage easements and described in angles and bearings on final plat. 3. Payment of Nark fee of $100.00 for Lot 1. Zoning File #1171 November 16, 1987 Page 5 of 5 4. Riparian use of outlot to be limited to 2 lots served by a si:Igle dock - owners to execute special lot combinations to include limits on use of shared Lock (4 slips) and granting of variances as noted above. 5. As a condition of granting conditional use permit for Lot 1 for private driveway construction through designate wetla<ds, owner shall provide plans for road constructicn for City approval prior to scheduling subdivision for preliminary opproval before the Council. 6. Applicant to grant Flowage and Conservation Easement over designated wetlands and drainageway. 7. Applicant to grant Road and Utility Easement over road outlot. B. Private road shall serve as sole access to three plat lots and Miner homestead tract to the west. 9. All persons served by this private road shall execute appropriate private covenants to assure maintenance and share in ownership of road. 10. Applicant's site evaluator to confirm suitable septic area for Lot 3 as a result of the private road realignment prior to scheduling a -)placation before the Council for preliminary subdivision approval. The enclosed resolution has been drafted for your consideration and action. Please note Exhibit T, the Roulettes ask that Councij table action until they hav,; had the opportunity tj express their concerns to the Council. They are out of the Country and are unable to attend this meeting. • • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT FOR LANDMARK CONSTRUCTIOA, INC. APPLICATION NO. 1171 WHEREAS, Paul D. Swanson, President of Landmark Construction, Inc. (hereinafter "applicant") on June 26, 1987 filed a Class III subdivision application with the City of Orono (hereinafter "City") for approval of a 3 lot plat of a property legally described on Exhibit A attached to this resolution (hereinafter "the property") and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on July 20, 1987, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on November 23 .°37, the Orono City Council considered the subdivision application of the ..,plicant, noting the following findings of fact: 1. The property is located within the RR-lA Single Family Rural Residential and LR-lA Lakeshore Residential Zoning Districts requiring respectively a minimum of 5 acres and 2 acres of dry buildable land within each newly created lot. 2. The property contains a total of approximately 22 acres. Lot 1 contains 7.2 acres of dry contiguous land; Lot 2 contains 2.3 acres of dry contiguous land and Lot 3 contains 2.20 acres of dry contiguous land. 3. All three plat lots and the exi stin( homestead to the immediate west of Lot 2 shall be served by a private road that shall access f rota Bayside Road. 4. A single family residence can be constructed on all three lots without the need for further variances. 5. Septic testing has ,onfir.med that Lots 2 and 3 have suitable soils and areas for on -site sewage disposal systems. The wetlands have placed limits on available areas for septic development. I.ot 1 has not been tested because it contains over 5 acres in area. 6. A road bed has existed within Lot 1 through the wetlands providing access to the north mind hicjher elevations. I'.iqr, 1 of 4 City of ORONO ..i RESOLUTION OF THE CITY COUNCIL NO. 7. The riparian outlot cannot be developed as a buildable no can only serve as an accessory use. The outlot consists of api lmat,31y 420 lineal feet of shoreline. 8. Lot 1 does not meet the required lot width to the rear of the front yard setback line, the applicant has asked the City to consider the following hardships: a) The need to make use of existing road bed that intersects wetlands. b) Minimize tree removal and impact on wetlands. c) Provide feasible grades for drive to house location. 9. Lots 1, 2 and 3 shall be served by a private road that har, been designed to minimize the impact of the construction on the surrounding development but yet provide a safe use level for the public. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Counci 1 of the City of Orono hereby approves the preliminary plat of Landmark Construction, Inc. per plat drawing by C in and Gronberg, Inc. and further grants a variance to the standard tha )uld require all lots have frontage on a public road with the creation the private road and per Section 10.02, Definition 77, grants a width variance to Lot 1 because the lot does not meet the required 300 feet at rear of required front yard and grants a variance and conditional use permit to allow the installation of a private driveway through a designated wetlands within Lot 1 and a variance for a single dock, accessory structure, on a lot that cannot sustain a principal structure, subject to the following conditions: 1. Prior to the issuance of building permits for new construction, the fined plat must be filed with either the Hennepin County Recorder's Office or Registrar of Titles Office, road base installed and approved by City, and, if required improvements are not completed, the .3ppli.cant must execute a developer's agreement and post a letter of credit (150% of cost of remaining improvements). 1. Required improvements: A) Private road to be constructed per standards set forth in Section 11.33, Subdivision 4 and 5 for road serving 3-6 lots except for changes in design recommended by City regarding the placement of curb ci.it tit ilaysirlc �-oad within Toad outlot. B) Private .:riveway through !,ot 1 to b:: constructed per engineering designs submittel by Coffin and Gronberg, Inc. and per recommendations by City En gineer. 1,age 2 of 4 . City of ORONO RESOLUTION OF THE CITY COUNCIL NO. C) Fencing provided for septic test sites prior to any land alteration. Applicant to contact City inspection staff upon installation of temporary fencing around all septic areas. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: Final Plat Submittals 1. REr `LAT drawings in the form of two (2) mylar copies (3 copies if pro. . is torrent) and one (1 ) copy reduced to 1"=2001. Drawing to incluue: A) Lot lines platted per preliminary survey. B) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. C) Dedication of 66 feet of right-of-wa• - L yside Road. D) Designated wetlands and drainageway to be shown on tie plat as "drainage easements" - wetland within Lot 3 at 931.5 elevation. E) Designate 20' wide drainage easement over drainageway on south side of Bayside Road through riparian outlot. F) Designate private road, riparian tract and 20 fev:t wide driveway tract to western homestead as outlots. G) Road outlot to be realigned per staff sketch attached. H) Designate shoreline at 929.4 elevation. 2. LEGAL DOCUMENTS required: A) Title opinion adai.Qssed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B) The applicant must provide certified copies of all recorded easements currently affecting the property. C) Execution of the fullowi corms and easements required by the City. Please contact the ii1dinq & Zoning staff if you have any questions in the execution of their documents: Pagc, 3 of 4 A w' City of OR.ONO � � Y .➢ � i 1 s ; * RESOLUTION OF THE CITY COUNCIL p { y NO. 1) Flowage and Conservation Easement - over all designated wetlands and drainageway within riparian tract. 2) Underlying Road & Utility Easement over road outlot. 3) Road maintenance Covenants - if developer has considered other covenants for road upkeep and maintenance of private road, please see tr City gets an original executed copy for review and fill -ith the plat. Please also n-ta this document does not with the issue of ownership of the road. 4) Road Name Request - please see that three choices are submitted. Road name approval is a separate Council action a.id should be submitted for Counci l's coi,sideration as soon as possible. 5) Developer's Agreement - to incluut all improvements not ,-;c)ir.,)leted by final plat approval. Note lot grading or road construction can begin until all gradir.7 and revised road plans have been approved by the City. 6) Special Lot Combinati(.n - to be executed for lot(s) with riparian rights over riparian outlot. 3. FEES TO BE PAID: Total Due $400.00 A) Park dedication fee per current schedule: $100.00 for Lot 1. b) Final plat fee - $150.00 c) Filing fee for plat and associated documents - $150.00. Adopted by the City Council of the City of Urono, Minnesota at a regular meeting held November 23, 1987. ATTEST: Dorothy M. fiallin, City Clerk James R. Grabek, Mayor Page 4 of 4 Date (Q4�t $ec'd By Fee Viec'd CITY OF ORONO k ^y SUBDIVISION APPLICATION FORM --------------------- ------------------------------------------------------ APPLICANT Name kc, r,#-A Cr1-%/, �i,�._ �. Telephone Mailing Address ���X �y cn� �:_• �� ��� 6-4" PROPERTY Name ,_ c; ;, �� , �� r. ! C ; 1,. c. Telephone OWNER Mailing Address (Attach lint if r,,ore than one)' -------------------------------------------------------------------------- PROPERTY LOCATION Street Address V %0 s f "f Property Identification No. (P.I.D.) Complete Legal Description to be attached to application ------------------------------- ----------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size _ ��� Acres Dry Land �►, T Acres Wet Land Acres Total, all parcels rjr)� OF ORM Present Use ( check) .k Residential • no. of un' fAl� Fly OFFICI Other (specify) VV 071 Present Zoning District �� `J� -LFCA' TL :50.00 i7D! PROPOPIIL--_------Division-for Tax Purposes-----------------rT =$ MN 'M7i1:I& 06,126197 Lot Line Rearrangement Only (no new building sites) Sub(- :, ision for N-w '.iilding Sites Number of Building Sites: Existing Units _ New Units Total Units Proposc,l Gross Density Units per �_ Acres Minimum Lot Size: Square Feet Dry Buildable Land Propoped Uses <<-he0.1 Residential other (specify) (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION Application Completed Preliminary Plat information on Certificate of Survey. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4�J Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return a�1 - • pass . Certification by complete. Zoning Officials Zoning Dep= ..zt,,ent that Prel_ urinary Plat Application is Signatu-.e 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 Officip' ;i~nature Date Skntc'i Plan Review (Class & III) $150.00 Preliminary view (Class 1 « II Subdivisions) Q:570 Preliminary Review $300.00 plus (Class III and all non-residential) 20.00/lot Final Plat Review (Class III) $150.00* *(Plus any -------------------------------------------------------------------•------- legal or engineering charges) Applicant hab read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer: City Attorn^y, Planning Commige' and Council necessary to process this application an. -further agrees to iditi-nal fees established by ordinance. ------------------------------------------------------ Applicant's -� ignature _ ,t..., ,,.t, ��.,,.< � < Date ' er's Signature Z1',a, ( � a�_..�� �_ �, �. -- - Date Applicant must have all submittals into the City ot. � !_c,;s 25 days before: the Planning Commission Meeting. Planning Commission W-- t'rigs are usually held on the third Monday of each month. IN 05=117-: 0111 Gerald 1 dlette 3775 Bays,ue Rd 'Long Lake, MN 55356 05-117-23 23 0006 Leonard Lofyren 3845 Bayside Rd Long Lake, MN 55356 05-117-23 23 0007 .,comet G Peterson Rt 1 Box 489 Long Lake, MN 55356 05•-117-23 23 0008/10 David Dianis 17308 Hampton Ct Minnetonka, M 55345 05-'17-23 23 J9 Harren 3R9S Zysi de Rd Lunj ke, MN 55356 oil 'h.is � _'53 Chat 1 oL Lut, a Lak. - MN 55356 .5-111 A 23 0012 er k Low:1 33-, nestlake St t .ag Lake, MN 55356 05-117-23 23 0012 Phyllis W Stenderson 340 Westlake St Long Lake, MN 55356 05-1.17-23 23 0021 Gregg & Bette Perl 309 Westlake St Long Lake, tN 55356 05-11••23 21 0002 'in B i A'= r A -!�ayr.j.de Rd ".jng Like NiN 55356 05-117-2321 f James & Joan N 3700 i3ayside ..i Long Lake, MN ". 05-117-23 21 t,005 Hazel Anderson s780 Bayside Rd Long Lake, MN 55356 05-117-23 24 0101. Steve Gardiner 3770 Bayside Rd Long Lake, MN 55356 32-118-23 23 0008 Robert & Lorraine Roden 460 Orchard Park Rd Long Lake, MN 55356 32-118-23 23 0006 Jtephen Towle 5003 Mirade Dr Tampa, FL 33624 32-118-23 24 0004 Orchard park Farm Inc. 3980 Watertown Rd Maple Plain, MN 55359 05-117-23 23 0022/23/24 Ronald G C' -,in 341 Westla.. - St Long Lake MN 5_� 05-117-23 ZJ 0 ' 22 0007 Michael Filbtanut 3950 Bayside Rd Maple Plain, MLA 55359 'n MAO afi, i.�►2 �f AL u* CERTIFICATE OF 14AILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie =.ma, of the City of Orono, Hennepin Coun'_y, Minnesota, do c, reby certify that a Notice of Public Hearing concerning the matter of 11171, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and senl this 2nd day of July, 1987. I Jami srrld CERTIFICATE. OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORO;IO ) I, Teri Naab, oLl the City of Orono, Hennepin County, Minnesota, do hereby certify that an agenda of the November 23, 1987 Council meeting highlighting Application #1171, Landmark Construction, Inc., 3820 & 3830 Eayside Road has been mailed to the attached list of property owners on this 18th day of November, 1987. In Witness Whereof, I have hereunto set my hand and seal this 18th day of November, 1987. Teri Naab, Deputy Clerk 50 46 wri v•6 54 53 "� A f� l 2 4 Q40 %S> x �o AX 2 ., o 2 IM n 110 b23- 587x �, , i 10y 1 5 �'(�• O t�oif 1 \ \ I \� 631000 5 dt rs v: lit a e ` jd •�i vV4 � •- - _ , j _ , Inc -\ 0 I \ a• '^ Toto I Arco • T 9 Acres •. Dr1 Area (0 2 Arres •. r M a. oP osed D—d rstt� I,nir nS Lot S3 A,a '..,bd N,: zo3 1 �.OGa•*ieri —r OF Tetol Area a 5.2 Atre•' I/ Z p/y I IV i Dry Area 4 T A -es itr t L R 1 a I7 Q eu."d LAN-* ♦• T r J West linecS HE V* of s W 'V4, of N W 1/4 e f Seri S 111 2� fr. pi, sed C -u to P Lint 0 Ner�h line of f a NE Y♦ of SS w %4 1 of w f i-UI Cs - OOr• - - j1 --I-- - !.1 I S ! -- 't 20 /�. '�• Is' 4 (er driveway easement ) \� �roPose rl 20 • .li / Drivewayy Easemrl�4• \ \r— D r -� �orcel A 3 m �o�heA nc ,ia C. /� T tr.1 Area • 19 At- ✓It .li` (A. ee1AA) 4 \S Dry Area•2AAcre y tiro osed M ;� ��°�t,�, line B �, s. 1n o �i D, Pd n.j �" ��tis4' rope Lint s�yerr iro 5 r - 1 j • - Lost 1,ne of La'we Street Stn % as the rlat ei PROPOS Aitov�llt n� Lor,.e ri,nnete••.- OUTLOT A ) %tnl Iheo ` I OAcrC-`! / rr y Aren - SONt^east C^Trier .j ObAr": mt %4 c< ',ryj of NW %/♦ e4 Uec t -nt . is lip. •tw MI 1I!It 1• �' iLxMOlot lluE NlAAAA:•GEIY67 •♦ roe eEt 11 ItINEa Y IN LOTS!, AUDIINIS SVOOISIsloII 1.11. 261 `' NEIVIEPiN COUNT?, MINhESOIA \ \ 111STIN5 DESCR;PII6n (A) \ ihal Dart of It,P South 240 feet of e�11 �' lot 53. Audi Lor's S W1.Islorl Nx.6er `\\ Wsi flyItem, Dl4 county. elfaftOta,efe uelbrly of a It hPrtlaltlr referred l0 41 "Lint A•, sold 'Lint A' Girt' \ described a1 f0110.t. \ CO-ftnCing of the Ecu.heaSl Corner Of said lot; thence w.it along the South line of laid L_ a distance of Saidfeel to '; point of beglnning of sold •floe A•; lrMme de/Mcunq right 8S' to the North IIn# of Said South 700 feet, and there endir,. C 4wt a' w* ca __ PROPOSED USCRIPTIDN (A . O) A) list part of the South 200 feet of l01 Sl, AudltOr'S Subdivision Number 207, NMnepin County, Minnesota, lying westerly of a Itn► hereinafter referred to as 'Lit* A•, told •L1M A' being described as follows: 1OW- cln9 at the southeast Corner Of said lot. thence vest &tort' the South IIM Of Hid Lot a dill lee Of 300 feet to the Point Of i , nning of said `line A'; thence de. Ctin, right eS degrees to the lint Of laid South 100fect, are e) ALSO toil art of the^ ifiz.00 reel or the south 688.0t L or Hal Lot Sl lying westerly of the following described line: CoAhtmcing at isle terminus or sold •line A'; thence North Parallel flit, the east 1160 of sold tot to the ntrtn lire, Of gild south 688.00 feet ar4 Sold Ilse there ending. DESCRIPTION Of RLMAINING ►AAC(L Itt Lot s), Auditor's Subdivision Numper 203, Hennepin County, Minnesota, EXCEPT that part Of the south 200 feet Of sold lot Si, Auditor's Subdivision Number 20. Lsrnheoin County, ::nPPsota, lying westerly of a Ilse her"s"er rotorrM l0 at 'Line A . Sold 'U nr A` W:ng descrit" as follows: '�— CD+ rl Ing at the toutheast Corner Of Sold lot; theme wool Bong the South line Of H10 lot a dManco Of 300 left to the point Of Ue9lnn Ing Of sold 'tine A': there aefleCting right 85 degrees to it* north IIn* of said sCulhyoofeel, god if—,, —d:,;, Also EXCEPT that art Of tre north aes-Do feet of the south 68e.0o rest 52 of said Lot 57 lying restoriy of the rolio.ing described line: CMmcncing at the term lout Of said •Line A. . thence North par. It,, with the east Ian• to Hld let to tilt north line of said So.!n 68e.00 feet ed sold line Lh•r Scale: I• . too* Cate . 2•:0•el, r. rr. .. .. •...� COFFIN 6 GRONSERO, ILK. Efyireers, lend Surveyors and Plarmeri lorl lase, Nlnn•tota P. 7 ' 76 / 1�Oa •+est corner S• 111-2� 235't -- — - �— — — — C I , To Area • t 1 Ar ref = Dry Area 40 2 Acres t Line bil ,[ y ISO'• 111 _ 00 7&. . foci r,qr M Lot s s - A..e ,t>e No 2�3 v--- 4,•, A Acroti' Tot o �r to j Arre% • - C5 LA r 9 m MI[st Ilne o� --- NE V* e! Sw Yt of Ww 1/4 of to SeL S Ill t� � a �rep.fed o,,,,a�n9 P / Lint Nerlh I,n[ of NE v♦.4wY w` F-111•4-- !cf I f 1� S (l`ti dr,vewo eatern zo �. r \, rr •�of CmE^+ �acce t A 3 • / �� c �e Arta • l9Ac st/ ,r` (Pti�eAA) Dry Area �14Acr� r �o Ge�dQ • •• ltn[ d� ?re eyed k�' t4<.i `\ wk k �o< L�ht � / `A'• �4 Pv '_ � a'� + East Lne of lnke Str c a, c1ed.�ntee !tie f On I.- J Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636.4M July 27, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Atcn: Ms. Jeanne Mabusth Engineers a Architects Re: File No. 139 - 1171 Landmark Construction Otm G Ronntlw, P t RuAnt W. Rwene, P 1. Juirph C AnJrtld, P 1. Bndfwd A. 1.rrnbrr,, P L Rwhe,d L. carnet. P L Jamn C. Mum. P E. Glenn R ( —A. P 1. Anrh A Gwdun. Pk I hu s t. hutn. 1, 1 Re herd W I ollrr, 1' t Roben G .&AYnh ht. P L .AN—. L. lw-14. P 1 Oonald C BYrsa,J1, P E Jr,ry A Buwdun, P L Aivik A. llamon. P I Ird K. brid. P f Ai,, hw/ r Rout,,v n. P t Ruben R Pj jf,r:'r. 1' 1. Lord O LwAuta, P t Ihumat M Nirnun. P L .Hn 1.Yrl C. Lyn; A. P t Aarrn L. Wdtn, P t Jumn R. Alaland. 1' t A enw1h P Aadrrwr, P.E. Ae,th A Rathntann, P.E. AIa,A R Ro(Ji, PE. Rubr,t ( Rrwt, A.I.A. Ihwn✓t L Atyw, I.E. S.ott 1. )..nt. P.E. charki A t,h A u,n te✓ M P—hA. Af On" SYsan Al Lbr,h, Dear Jeanne, We have reviewed the subdivision propo:tied by Landmark Construction. Drainage easements should be provided over the wetland areas. The enclosed plan indicates the zoning boundary between LR-lA and RR-1A. If you have any questions, please Contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. Wtk 4,1- Glenn R. Cook GRC:li Encl. 537bP DEPARTMENT OF TRANSPORTATIOl )) 320 Washington Av. South , HENNEPIN Hopkins, Minnesota 55343-8468 AUG �aT Lfu 935-3381 TTY 935-6433 Au t 10, 1987 Ms. Jeanne Mabusth Building & Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN. 55323 Dear Ms. Mabusth: RE: Proposed Plat - Landmark Construction CSAH 84, North side, approximately 700 feet east of CSAH 135 Section 5, Township 117, Range 23 Hennepin County Plat No. 1563 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. we reviewed the above plat and make the following comments: - For future improvements to CSAH 84 the developer should dedicate an additional 7 feet of right of way along CSAH 84 making the right of way 40 feet from the center of CSAH 84. - The location of the proposed access to CSAH 84, at the alley on the eastern property line, is acceptable to Hennepin County. No other direct access from this plat to CSAH 84 will be permitted by Hennepin County. - Any new access to a county road or revision to an existing access require an approved Hennepin ':ounty entrance permit before beginning any construction. Contact ouc Maintenance Div .ion for entrance permit forms. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Maintenance Division for utility permit forms. HENNEPIN COUNT on equal opV.Munity employer J. Mabusth Page 2 August 10, 198 - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, David W. Schmidt, P.E. Transportatior Planning DWS/LOW: Iw MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 20, 1987 y 11169 WEAR PARTNERSHIP ENT. CONTINUED Chairman Kelley recommended that the wetland issue be resolved by DNR, staff and applicant before Planning Commission action. Phil Nelson reviewed the proposed preliminary plat, r-u' - de -sac and Outlot A. Planning Commission unanimously agreed that they found no problem with the preliminary subdivision as proposed contingent upon the wetland issue being resolved and the platting of 2 acre minimum lots. It was moved by Cohen, seconded by Chairman Kelley, to table this matter pending resolve of the wetland issue. Motion, Ayes 5, Nays 0. 1171 LANDMARK CONSTRUCTION INC. 20� 3830 f3AYSIDE ROAD C SS III SUBDIVISION PUBLIC HEARING 7:45-7:59 The Affidavit was noted. of Publication and Certificate of Mailing Zorinq Administrator Mabusth reviewed the application whi:,h applicant is in the process of purchasing the heat. house property (Lot 3) and the farm house property (combined Lots 1 and 2) from Mrs. Miner. Applicant proposes a subdivision or platting to create one new building site. She explained staff's recommendation for alternatives regarding access. Paul Swanson, President of Landmark Construction., was present for this matter and explained his proposal, specifically his plan for an access road. fie noted that he would like the riparian lot to serve all three lots and noted that LMCD allows one boat per 50 feet of lakeshore. Fie stated that if the :agoor. is included, there is approximatley 300' of lakeshore. ".oning Administrator Mabusth stated that he would nPel at -cast 'i;0' of lakeshore to sat: ,fy riparian user cne residential lot. (_hairman Kelley stated they need more information regarding: -definition of wetlands, loeplion on property -definition of dry buildable :cr Lots 1, 2 6 3 In addition, he felt only Lot , should have riparian rights. Paul Swanson stated that the 1,MCk ld him he could have three docks on the riparian lot. 2 y MINUTES OF THE PLANNING COMMISSION ALETING HELD JUI.Y 20, 1987 11171 LANDMARK CONSTRUCTION INC. CONTINUED Staff stated that the LMCU was referring to the usage level of 1 boat per 50' lakeshore for s'_nglo ownership and that applicant may have been misled by this fact. It W. moved by Chairman Kelley, seconded by Bellow, to table this application pending more information and a larger detailed site plan. Motion, Ayes 5, Nays 0. #1174 CRAIG ANDERSON 375 LEAF STREET AND 3300 BAYSIDE ROAD CLASS II PRELIMINARY SUBDIVISION PUBLIC HEARING 8:00-8:21 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request to split a 5.7 acre parcel into two building sites of 2-plus acres each. -Lot 1 (west) is anticipated to access from Bayside Road. The proposed house site is to the rear of the lot where it widens out. The lot needs a width variance but does front on a public road. -Lot 2 will access from Leaf Street. The assumed house site is to the rear, overlooking the creek. This lot also needs a width variance. He noted that staff has concerns regarding the septic system. Soil testing indicates that. mound systems will be necessary. Staf f is also concerned -,hat the neigboring properties will have relatively little area for alternate septic sites because the southerly portion of Lot 1 (part cf this subdivision) will no longer be viable as a potential future acquisition by either neighboring property for use as drainfield. Therefore, staff would suggest that this division may well seal the fate of the City's futur^ determination of need to extend sewers to some properties In the st—ly area east of Crestview. Staff is concerned about the drainage on this property only in that provision must be made to protect significant drGinageways that traverse the pr-jperty. Henry Furchner, 360 Leaf treet, stated he was concerned with disruption of a spa•. _ng area in the creek which is DNR protected. Assistant Zoning Adminitrator Gaffron stated he would check into Mr. Furchner'r , :7ncern. In response to Bel lows, ;.iestion, Assistant Zoning Administrator Gaffron st.a. ci he felt comfortable that the 2 lot. development co-.)' successfully sustain mound systems, however, would '.1 Letter defined locations. 3 t' MINUTES OF THE PLANNING '1171 DMARK CONSTRUCTION 820 D 38:0 BAYSIDE ROAD C III SUi'OIVISION PRELIMINARY SUUDIVISION SECOND REVIEW COMMISSION MEETING HELD SEPTEMBER 21, 1987 INC. It was noted by residents present that they never- received notification of this matter. Zoning Administrator Mabusth stated that notices were mailed to all property owners on the list submitted by applicant according to the signed Certificate of Mailing. Chairman Kelley noted that no action has been taken on this proposal and the residents still have the opportunity to make comments. Paul Swanson, President of Landru.trk Construction, was present for this matter. He reviewed his revised proposal which has eliminated the need for a vacation. All three lots will access from a pr vate road. He is asking for riparian access for all three lots, noting that the a is approximatley 420 lineal feet of shoreline (including inlet) (approximately 200 lineal feet excluding inlet) for the riparian outlot. Zoning Administrator Mabusth confirmed tha} septic testing has been completed and acceptable to staff subject to a minor revision to Lot 3 septic location. Paul Swanson stated that the County has approved the proposed access. Hazel Anderson and her daughter, Mary Anderson. Swenson, 3780 Bayside Road, were present for this matter. Mary Swenson i ,quested clarification driveway location in relation to r ethers' property. Paul Swansor, explained that the platted corridor within Lot 1 was 30' wide but that a 12' wide driveway would pruoably be located further away from the Anderson lot line in order to save trees near the lot 'line. Mary Swenson also asks' about the drainage impact on her mothers' property. Paul. Swanson s­-.ted '-hat the driveway will act as a natural dam av �c'1ny arty drainage onto the Anderson property. Steve Gardiner, 3770 bjy!�:ide Road, voiced concern with the close proxii-iiaty of th, cul-de-sac to his property and garage. r MINUTES OF THE PLANNING COMMISSION MEET_ iELD SEPTEMBER 21, 1987 #1171 LANDMARK CONSTRUCTION CONTINUED Paul Swanson explained that the actual paved portion of the cul-de-sac will be 10' from from his garage. There. were no other comments from the public and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend approval of the three lot plat subdivision per staff recommendation amending the following conditions: 4. Riparian use of outlot - 2 lots to be served - owners to execute special lot combinations to include limits on use of shared dock (4 slips) and granting of variances as noted. The two riparian lots shall be the choice of the developer. 5. As a condition of granting conditional use permit for Lot 1 for private driveway construction through designate wetlands, owner shall provide plans for road cc truction for -ity approval - prior to schedul-_q •,ibdivision for preliminary approval before the Council. 8. Private road shall serve as sole access to three plat lots and Miner homestead tract to the west. 10. Applicant's site evaluator to either confirm suitable septic area for expansion or provide additional testing to confirm - prior to scheduling application before the Council for preliminary application. Plotion, ryes 5, Nays 1. Brown voted nay because he was opposed to #4(b) feeling there was little difference between raving 2 riparian lots with 4 slips or having 3 riparian lots with 4 slips because the City Still tr,aintains control of number of slips. #1177 T. WATERS/J. DENNIS 3055/3061 CASCO POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMIT SECOND REVIEW Todd & Dori Waters were present for this matter along with Greg Kopischke of Westwood Planning Engineers. Zoning Administrator Mabusth noted that applicant has not submitted a revised plan. She noted that if the swale is approved, a hoig_ht varianec for the structure must he addressed. C MEMORANDUM TO: Jeanne Mabusth, Bulding & Zoning Administrator FROM: KABlatz, City Attorney RE: Question of Orono City Staff as to Proposed Combination of Public and Private Road. DATE: August 6, 1987 In a letter dated July 29, 1987, you asked if 33 feet of undeveloped, dedicated public alley from an esta'-)lished plat could be combined with 17 feet of proposed private road in proposed plat. You stated that vacating the 33 foot ali-- would not "provide any advantage to this developer," because once property is vacated the abutting property owners obtained the land up to the center point of the land which was vacated. I will answer your questions in the order you proposed in your July 29 letter. 1) Can the 33 feet of the public right-of-way be used as part of a private roa A municipality Polls the qualiti or term_.na' ble fees title to property dedicated to highway purposes in trust for the people, and it can neither ,ell nor devote it to a private use. State v. Marcks 36 N.W.2d 549 (1949). After an alley has been e<icate(1and accepted a municipality becomes a trustee and may not divest such public rights without public consent or operation of law. Neill v. Hake, 93 P.W. 2d 821 (1950). Your first question infers that there is a possibility that the 33 feet of public road can be combined with the 17 feet of private read. Rased upon case law, it appears that the combination of the two would create an awkward situation at best, for Both the City anal the developer. 2) Car: the developer exclude the use of road b• lan,1 owners to the Exist? The operation of a plat and the donations to the public within the plat can not extend beyond the use as dedicated. Patterson v. City of Duluth, 21 Minn. 493 (1875). The City is holding t e and in trust for the purposes for which it was donated. It does plot appear that the developer would have any right to exclude the public from using the 33 Feet of property which was dedicated for alley. Aqain, referring to the way you phrase your gaestion, a combination of the two does not appear to be possible since the 33 feet was dedicated for alley purposes ind the additional 17 feet wr�3t:ll he used for road purposes. rOFF-110-9- The Minnesota Supreme Court in the case of Flynn v. City of Worthington, 224 T7.W. 254 (1929) makes a distinction between alleys and streets: Alleys differ from streets. They are not intended to convenience the public in the way that streets do. They are more of a local convenience to the parts of the block which they abut. . . . They are not thought of as a street connecting with other streets and supplying the municipality with a system of connecting highways. An alley is not intended for such purpose. While the public travels it, its use is local to abutting property. A street is intended for general public use and the general public have in it an interest different from that which they have in an alley. Flynn at 25-., 255. 3) Is the City obligated to maintain the road as a public road because of the use of the 33 feet of public right-of�-way? Once property is dedicated to the public and accepted by the public through the municipality, the City may choose its own time to occupy and open the right-of-way. State v. Marcks 36 N.W.2d 594 (1949). once the City has establishhee -a right-of-way, it must maintain it as it would any other dedicated public right-of-way within the City. You have informed this office that the plat containing the dedicated alley, "ottoville on Lake Minnetonka" was filed in the early 1900s. You stated that the City had not maintained the 33 feet of alley. Also, you mentioned that a private garage may be encroaching a portion of the dedicated alley. Unless the City takes affirmative actions to assert abandonment of a dedicated right-of-way, non-use and obstructions over the right-of-way aro insufficient to establish abandonment and public rights cannot be divested without public consent or operation of law. Neill v. hake, 93 N.W.2d 821 (1958). Although it may not be to the developers benefit, in order for the 33 feet of dedicated right-of-way to become private property, the City must vacate the alley per its proce(lares as outlined in Orono Municipal Code Section 10.12 and Minnesota Statutes Section 412.851. Upon vacation, the abutting property owners would obtain the vacate:] alley up to the center line of that former alley. Should the developer to the west own the property abutting the same alley, the developer would obtain an additional 1.6-1./2 feet to aiid to his proposed 17 feet of private road. If not, the developer has the right to approach the property owners and offer to pur(7hase the vacated alley for a negotiated price. 3379j i ' `fir; S • Q��� 6 Ln ru I w 5•I�- I s �! to m 5608 - I - Ln m � � I fU r —_� w CD I - V) - L,J I c> A PIS: WT 43V0 EAST ALONG THE I T m Li Swr1w LINE arsovT L0T1, SEC .// N01026'10' E 138.70 Fmm /rs /NTEAseC.'/ON - WEST LINE OF SAID SEC. //. —~ ; a 3.89 , I � J.M.' �� a - - - - 66_.._ ~ 0- C ry 0 'k , Y \# CFOru J `�, O NOS •26' l0' F I I � ---------------------150.70 26� ------265.90------ - - --/� cNa°3107"E/ u� SOr/Ta LINE OF 6dV?LOT 2, v } m () � p�r e� SEC. //, T--//7, It•Z9 ASQE7E/EN/NED � ry IN TORRENS USE AV /39 f --' 0 % � O� IQ ry ------------� -- -- - -- 6�. 0 SHEET 2 OF 2 SHEETS ,�''� �ZE*, GREEN TREES N� -A. ti� Sp Q �10 aD TANAGER i 1���' :� r li y~ 1nn tft y'•ghesfKno,vn waier `6.23• `�r� 1Se9p2O '/,� oflh Z'p .iL;�T•�1+� V I elevof�on is feet ;.'G YD - /9Z 9, occorolln9 t the ' re crds of 1hr IW7n. Deoor�o� V _ _ ` 'O tV i -EXCEPTION Q. sp,4r in "Power `i '3s M� a l T i , ~' `�N- a/t �Vrf %7 Side �� Qq ` \ z ti� 2S ,� c2 9 ° 4 9' 36— . c �/ of Co. Rd. No. /S, �A� l , C cs / 182 across fro M P1 �-- N Brackells Prof b`� i , °� /. , , c2s 0.15 E/P✓, 936.32 ff. '�* Il� 1 ' - _ _ N09.02. 32. / 1 it �� ♦�� m'o / { v v1O V� - - �^ � V � f / \ ti Q � •� k 0911mv 11600 ui I I I �• a s chisel d -r' am cww,s/e A-# �. I I � er .T 010 col, ibe,. to _ _I 9. NC rn wyler e.e✓o1. 4 o1kIfins NG ✓0 lftf, occara��i C) —moo- _. on on J«ne e, nrJ erg m 71 ree,; .: ` lore line of 0u4161 A .s shervGRe alc+�, bsrn9 //►e •i�•71 AWVU-l91f cenfi.,/rM ,t;' $ � -`� .�� i0 /t0 iVil 6fn� ,n 40- ron nranwnenl i r �/ N•4r✓ i1e -` e vs ore VS3ume.y lj, W. � I Zsl -1 ;, •�t iv. a g r ` i Srwr� L.s 4 a o o 1 v `T S` CJ v[ �•� lL.ofon 1177� {s t i\ 16Av.D -n / sasemoods sta-mv An:gym 'vs!I*4s'ft1 s., —wlrw✓ L1 h ram- • w,l,fy e...�.,.v � :, - nq Fn�'r..�$ 5 reel Y m waaA4 one ad, am C) =+ .d be•nq ro,w /eet/�I.w' Mdlh Tn£il�.E� MI/N'►✓ tl�es Omer- 'rlJ. Os shown on tft pb1 to J r� ;7 ^' � o N R. COFFIN CO.s INC. RS 8 LAND SURVEYORS !E, MINNESOTA NKL* PRIVATE DRIVEWAY CROSS - SECTION LANDMARK CONSTRUCTION INC. - 12r — 1(4"/FOOT — - - FOR �...c •••rgnio, u�p Pr i��mr,. _c•��gll�.%s�.��_•, �'ur ./�...,. ,..,r :C:\ r ;id' 8"MN/DOT CLASS 5 G RAVE L( 0 c"a CRUSHED) PROPEX 2002 GEOFABRIC OR APPROVED ALTERNATIVE. SEE SPEC.FICATION FOR ALTERNATIVES AND PLACEMENT L—CLAY FILL METHOD. SEAMS SEWN TRANSVERSE TO ROAD CENTERLINE. COFFIN & GRONBERG, INC. ENGINEERS, LAND SURVEYORS. AND PLANNERS LONG LAKE, MINNESOTA Amoco Fabrics Company L HUCU`a &I' ME EO0 550Interstate North Parkway Suite 150 CONSTRUCTION SPECIALTIES Atlanta, Georgia30339 Telephone: 404-955-0935 aril Kasota Avenue 612/647-0950 Telex:54-29E3 Pau ;`MNa'55108--` ProPex woven ground stabilization fabrics are designed specifically for soil stabilization of loan bearing systems. They are treated to resist degra dation caused by exposure to sunlight, commonly encountered soil chemicals, mildew, and insects. They are also non -biodegradable. SPECIFICATIONS` rppt{r 2WRI .1► win• 52( Of Idclhod ::f4rt+it' k r 's' 2090 ,r . N.t�:'k20w��1�t''*;►•` 2CO2 � � i a^'2000 1 Tensile Strength (Ibs.) ASTIA•D•1682 cr .1ST W0.2.84 90 19 200 275 Elongation (4b) ASTM•0.1682 or 1ST 180.2.64 15 15 t5 15 Burst Strength (PSI) MuUen Burst Test or 1ST 180.5.84 200 350 400 600 Puncture Strength pbs.) ASTM•D•751(Modified 5116' steel cylinder with hemispherical Gp) or IST 180.4.84 30 70 40 120 Trapezoidal Tear (lbs.) ASTIR-D•2263 or 1ST 180-.84 30 45 75 120 Accelerated Weathering (Strength Petained-46) Federal Test Method-CCC4191 Method 5804 (SW his. exposurt,) 70 200 hrs. expcsuro 70 70 70 Equivalent Opening Size CW-02215, U.S. Sieve no. equWont-1ST 100.6.64 70/30 710,13 7 ;130 6=3 Minimum roll Pverage values. A11 non!unctional properties such as color and Utieknoss are net sho:.n. Pack�r�tn31' 2097 7i000' !t )t^i 2 ' y 2005 .f Rc;Iv.iC:� t2'6' 1216, 12V 14'6• 10' 14V Roll length 720' SO4' 504' 435' 350, 310, Fo11diameter 13, 11' 13' 12l 11' W Gross Weightpbs.) 160 140 220 220 220 220 Area (Sq.yd.) 1000 1 700 700 700 700 1 $00 This product also available In wider roll widths. r. s r. �u \ •....p aft- .1 btNt wr. M -q.r Nxt. Ntl•r..wU►.vMM .MrN. .NrIN ..NN O.o,KM �a .I �4 YYarM 4.•M. Nar prl PrePex stabolzation fabrics meet Federal Hi2h- wayAdministration Task Force 25spocifi a:.on$ br trio loc7ing eategorytappi.cations: 2090—staff..".Batten t;w 200o—stabWa:lon moderals 2002—stabs 1830n high 2006—stabif zatlon very h'gh The informat'on prosortod herein, whit nct guar- antoed• 4 t0 the bast of our kmvdodgo true and accurate. Except when egrood to In writing IG specific conditions cf use, no warranty or gvaran- too expressed or Irnphed is made rc-,lfd:ng the performance cl any product. since the manner 0 use and handling era beyond our contrcl. Notnin'. conta'.nad herein is to to construed as pormsskn or as a rocemmen:a::7n to tn':ingo any palont. WWataawe/M►M CM vlule i 1 i 2 AV" oe1« u 4at.1+«.r+"eC4a yYY..M NN'IAM`•iN NM•r e.e.ww•r 1 M N.ry M•wPN «.«Y�.tN.ww.e C�WfJyI rM..MY.W.MAN �M W««../. KV•Mr I,� T r ' T t.r J►Sst�►t D F�Jr Go���E=. I ,r \ Wit• � � , , � � U 101 Le 61987 1 � ' °u r h P►a►h 41 to >~ . FVFAP-IF= I. 0 I a 4_r �J S Percolation Tests Scale: 7 — XSoil Borings • Bench Mork Note: This sps!em is to be constructed to meet the Minnesota Pollution Coorol Agency Standards - WPC 40 B Local Ordinance \02j- i V ��`L✓i�i. 1 i'tLr KKK\�i I A59trrrCD cRJr G491JcEt f i - 61987 ( is Percolation Tests Scale: XSoil Borings • Bench Mork Note: This system is to be constructed to meet the Minnesota Pollution Control Agency Stondords - WPC 40 91 Local Ordinance I� KXFF AL- 1gZX ✓Y FG+viPN�Kt' OFF OF rH e 7w x r r r psi r A RF AS SEEFOR AA'i. AFTER co V57rRGGT_1A.1 CHECk ZIAZG.EF4 OZIAO & riL/ i !c•S .c :: ac �t— (.—�2 PROPERTY OF: 1 �► %/ I� 1 f� C K Q Al _STP. [Jr rz LO T"dr3 S- P TESTING /NC.• Lr Oes�gned By' � - _ L _ Dote _/LL/_.; PH.6t2-497-3566 3 S o� �~ 17r,� Grb•,..s� I �1 ti Do L--ne I Scale : 111= 1001 x s Dote 8-7- 87 `a �-• ` , ; OrGro d 0 - _ I 7 / .090 / N fi . sw I*!, Nw,M .t A f J r 1 30 (Prc c 1 p) — Ell C t.• P9,0PCSE� ro��nA OOTj 9 ��O�Ctir C? ) i ; CT- - C c. l / I ! �1 D@ Is 0 6iAinD'mA:vcIn* 11144 �T PO. BOX 248 LONG LAKE, MN. 55356• (612) 473-0603 TO: Jeanne Mabusth, City Planning Administrator FROM: Paul D. Swanson DATE: September 16, 1987 RE: Public Hearing #1171 Class III Subdivision 3820 & 3830 Bayside Road Dear Ms. Mabusth: This letter is intended to inform you of my intentions r.egardina the la;cesnore parcel in my proposed subdivision. (See plat - Outlot A) Please be advised that I intend to propose that Outlot A be shared equally by the 3 proposed lots. I feel this arrangement will more effectively protect the use of this unique lakeshore parcel. I am aware that documents must be prepared to ensure the proper maintenance of the Outlot A. Please inform me immediately of any City ordinance that would legally prevent the Plannina Commission or Council from agreeing with this proposal. Thank you. Si�cerely Paul D. Swanson President r September 28, 1987 Mayor Grabeck City Council Members Orono City Office P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Mayor Grabeck and City Council Members, This letter is in support of our Stubbs Bay neighbors affected by Proposal 1171 of the Landmark Development project. Our major concern is the placement of the main driveway. The proposed road will disrupt Hazel Anderson's quiet, complacent lifestyle by unduly creating traffic adjacent to her home, the Gardiner's property value will drop because they will be surrounded entirely by traffic and roadways, and the Rowlettes' will have an abundance of traffic backed up right before their eyes. These are real concerns that affect dramatically the lifestyle and quality of life of these citizens. Our main access route to and from our home is Bayside Road. As we all can admit to, many of us travel Bayside Road in excess of the posted 30 mph speed limit. Not only do many people speed; but many travelers in vehicles, on bicycles, and on foot traverse this stretch of road. The proposed road is at a critical sightline on Bayside. Even with considerable grading, the visibility at this site is questionable. We seriously consider the proposed road at its described location to be a danger to life and property. Ours is a close-knit community that thrives on cooperation, we do not want to entertain the thought of our friends and neighbors being serious injured. In the City of Orono we believe that the concerns of the community and the neighborhood are valued opinions. We hope you will stand with us in support of our neighbors by directing that th_ road be placed in a safer, less disruptive location. Respectfully, r. and Mrs. Curtis A. Levan 0 g 4010 Bayside Road South Maple Plain, Minnesota 55359 612/476-4123 October 5, 1987 Mayor Grabek City Council Members Orono City Council Members P.O. Box 66 Crystal Bay, MN 55323 Re: Application 1171 Landmark Development Dear Mayor Grabek and City Council Members: This latter is to suggest an alternate placement of the proposed private road that will be created by the Landmark development on Bayside Road. On Tuesday, September 29, an informal meeting was held on the site of the proposed road. Attending were neighbors from five different families, the Orono City Engineer, Mike Gaffron (from Orono City Hall) and an official from the Hennepin County Roadworks. We discussed our concerns and following is the results of our discussicn ,. 1. The proposed road cannot meet Bayside Road at its present angle and meet Hennepin County's safety requirements. It must meet Bays:de at closer to a 90% angle. This would requite the road be curved and meet Bayside at a 90% angle. The road coul; still enter Bayside at its present diagramed location. 2. An alternative location of the proposed private road would be entering Bayside approximately 30 ft. farther west. This would solve three problems: A. Position the road so it does not end directly in front of the Rowlette household. This would lessen the traffic and lighte directs; in front of their house. B. Provide better access of the Landmark development residents to the lakeshore lot without disturbing the Rowlettes. C. Provide more privacy and not destroy a grove of trees that borders my property. 4 October 5, 1987 Page 2 I realize that this solution will decrease tht land available to build on. Lot 3 is 2.3 acres and Lot 2 is 2.3 acres. By changing lot lines, the development has over .6 acres to work with and meet the 2 acres dry buildable minimum. I urge the City Council not to approve the present location or the proposed private road in the Landmark development on Bayside Road. Better solutions are available that will lessen the impact on the present neighbors. Respectfully, Steve Gardiner 3770 Bayside Road Long Lake, MN (JO1�d�.,�►' 40-ASe p 11v-"I IL E-k Pace}.o-, OF . oa of H0,45 e G.q icy,, sh,oYe WAYZATA OFF ICE 3.5 EAST LAKE S7REE1 WAYZATA MN 55391 (6121473 3000 TO WHOM IT MAY CONCERN: RE: 3770 Bayside Road, Orono. If, the plan as I perceive it, is to bring a 2 lane road from Bayside Road just West of Mr. and Mrs. Steve Gardiner's garage to access lots on the Miner property, I feel that this would be a deterent to the sale of 3770 Bayside Road. Mr. and Mrs. Gardiner's property woulo be surrounded by a driveway, a road, more traffic and therefore may fetch him a reduced sale price. Respectfully submitted, < lue Lenox MERA LL LYNC►, REAL 7V A&SAX:1ATES INC 81987 / 1 � �y.R r I u�-G L-. /G- Z'YLC �-E.�Q��� � � ZC `� �:C.�� V �� �,� � ZFz.c�a.' • _� C�'L-j�?�-mac .� .�;-z s.G o� �,�a- s u� G�� ,�,-,V i i L� � G Yit , J , �r ' �,v,,, ' 2,% �'� c�L.�u Z� Gvtr-r� G+/ C 2�� -_,..-- , 1���` -� J 1,,� ,�, ��.�- �_3 ? �� ��,�� .,� �� �j.��2 9. .,..� .emu r �ru W to .� C3 n r� � 1OCT 1 8 087 /Ee(/ Ll"„ ��rtpT R i LmDnnc COLO) llq*- I IT"- Lei I MIT4 PO. BOX 248 LONG LAKE, MN. 55356• (612)473-0603 TO: MAYOR GRABEK & ORONO CITY COUNCIL MEMBLRS FROM: PAUL D. SWANSON, LANDMARK CONSTRUCTION, INC. DATE: OCTOBER 13, 1987 RE: LANDMARK/MINER SUBEIVISION - APPLICATION #1171 This letter regards the proposed road placement for my subdivision application. I understand there was a meeting of City officials and "concerned"neighbors held on September 30, 1987 to discuss the road access location. The meeting was apparently arranged by a neighbor, Mr. Steve vardiner of 3770 Bayside Road. Dave Zetterstrom from Hennepin County DOT was called out for the meeting by Mr. Gardiner. It is my information that Dave Zetterstrom; then contacted Michael Gaffron to meet at the site as well.. Glen Cook and John Gerhardson also found time to be at the meeting. Unfortunately, it was somewhat of a waste of City employee's time, since the road access site was not yet staked for review. In accordance with the decision of the Pl.anninq Commission, I have made arrangements to have the road staked well in advance of my scheduled meeting with the City Council in November. In fact, the stakes are in place as of this date and I hope to arrange a more productive meeting with all the above parites as soon as possible. I was quite disappointed I was not invited to the first meeting held on 9-30-87. A phone call to me would have certainly prevented an unproductive meeting. I want , City Council and Staff to understand that I am very willing to wore losely with them the County and neighbors to develop an acceptable road plan. However, I think it needs to be stLessed Lhat Lot 3 just qualifies now for the 2+ acre dry continguous land requirement for bu-ilding. Moving the access point for the road west of the proposed site would certainly require an unwarranted variance. The Planning Commission heard all the facts regarding the road access and agreed with me by recommending approval for the final plat you will be reviewing in November. I. am also very concerned about placing the road at a safe site for sight lines when accessing Bayside Road. Further, I fully intend to save as many trees as possible, creating a buffer between my property and Mr. Gardiner's property to the east. I think you will find my proposed access successfully serves my subdivision, while meeting the required City and County road standards and legitimate neighborhood concerns. As you prepare to review Meetinq, I want each of you on the site to help feel free to contact me Thank you. my application for the November Council you to know that I would be happy to meet with clarify any questions you might have. Please to arrange for a convenient time to meet. C.C. Jeanne Mabusth OLAnDniAw COLO] I'Wit I i 1" 1-01111 PO. BOX 248 LONG LAKE, MN. 55356- (612)473-0603 TO: JEANNE A. MABUSTH, BUILDING & ZONING ADMISINTRATOR FROM: PAUL D. SWANSON, PRESIDENT LANDMARK CONSTRUCTION, INC. DATE OCTOBER 15, 1987 This memo is to keep you informed regarding my progress on the Miner/Landmark Subdivision as we prepare for the Council Meeting in November. I arranged a meeting at the property to discuss the proposed road access on Cctober 14, 1987. The following persons were in attendance: Michael Gaffron, Assistant Plan. ng Administrator John Gerhardsen, City Lngineer Dave Zetterstrom, County DOT Steve Gardiner. - 3770 Bayside Road N`ighbor Peg Swanson, Realtor & my wife Myself My questions were answered regarding road engineering and construction planninq and I also hope some of Mr. Gardiner's concerns were addressed. I will gather the remaining information you will need for the Council Meeting in November when my application will be reviewed. If you have further ques'%-ionsplease feel free to call me. Thank you. Sincerely, ,�~�..� : � �', ,,,_.�,,•.� mac.,-r. j l' Nov ' 91987 98, © International Tours? of Long Lake 2160 West Wayzata Blvd. • Long Lake, MN 55356 • (612) 476-1714 November 7, 1987 Orono City Council C/O Orono City Hall 1335 South Brown Road Crystal Bay, Mn 55113 Re: Landmark ConF'.ruction of the property at 3820/3830 Bayside Road To Whom it may concern; The above mention subdivision is to be presented at on,� of your November meetings. As our property if one of thos2most directly affected by this subdivision and we will be out of the country until the 29th of November, we would liKe to request the tabling of any decision on the above L:ntil we can participate in the process. Thank You Sincerely, Candace E. Rowlette 3775 Bayside Road Long Lake, Mr 55356 traveling? we're International Toure of Long Lake 2160 West Wayzata Blvd. • Long Lake, MN 55W • (612) 476.1714 November 7, 1987 Ms Jeanne Mabusth P. 0. Box 66 Crystal Bay, Mn 55323 Dear Ms Mabusth; As per our previous discussions, Je,ry and I will be out of town when the City Council will review/approve the subdivision and construction of a private road by Landmark Construction that will be located at 3820/3830 Bayside Road. As our property will be directly affected by this subdivision we have requested by letter to the city council that any decision concerning the above be tabled until as s:1ch time we can participate in the process. If they should rot table the decision we would appreciate our concerns presented at the meeting by way of this letter. Our first concern, is the placement of the n•_w road into the subdivision. Obviously, no matter where the road is placed, it is going to affect our rrivacy greatly. We also realize the concerns of the county as to the sig'it lines for cars pulling out of the road onto Bayside Road. We would like however for the road to be moved as far West along the right of way as possible. We feel that this will have the least affect on our privacy and the problems with lights shining directly into our house at night. Our greatest concern is of course the use of the Lakeshore. That piece of lakeshore has always been part of the beach house, which is now lot 3. We would like to see the lakeshor remain part of that lost only. and that"%*t outlot situatiorf`'`'�e granted. Although technically the lakeshore ha around 400 feet of lakeshore counting the inlet, there is only a small area where the docks could be located. That area has only 100 or less feet of lake - shore. Also the lake there is so shallow, that a dock of 100 feet or more would have to be built to get to enough water, to float a boat of any size. A dock that long with 4 boat slips, would encoach on the docks of the neighbors to the west. Also ^-ost, o the year, water flows into the lake from the trmv*llnp? we're inlet into the lake, a5 it i` really a creek. not dr -, I iril_ 1:.. Wet lands from the other side of Bayside Road, drain into Lake Minnetonka by way of that creek. During the spring and most of the simmer that creek is flowing. With that flowing it affects the botto,: by moving the dirt and silt around, which will also have an affect on any boats docked there. The possibility of needing Dredoinq exists. My husband and I have lived in our home for almost 14 years. We are very aware that changes happen, however we hope that the city council wilL' continue to help prot?ct the lake and the existing neigbors when making L"Qir decision concerning *his property. We would also like to ask that no car traffic be al!o�-red to park on the lakeshore parcel. That only pe!,-str•ian traffic be allowed. That means that cars not hep .ed along the side of Bayside Road, or along the end o1 the , street to the built. We would also request that if mcre Chan Lot 3 be given access to the lakeshore that the contractor would have to due something to shield our home from the noise etc by the way of Evergreens etc. We certainly hope that y)u will grant us a chance to participate in the democratic process by staying your decision until December when we can attend the meeting. Thank You Sincerely, Candace E. Rowlette 3775 Bayside Rd Long Lake, Mn 55356 I �LC. (iZe O AvT• f (""' PjU,) Pr Ire ('�KcuND� Dry-2.)Acres ; �7 rCa F To 2.7 Acres'_ I� 4 t, N a N,� r4.i" J w �— line 3.5. 26 . — — zoo- 1 o -a 4. C� P�_µI �Q`�5�� OSE D \ Dry rosT+etd"_-s— O CIIT — P B OtTYL i �— DWI Li A (r.rccl A) (. d Acts t T.td Ar�v 0 viol Ofy Area P j Qro osed �, •• ti iVid�rlcJ `/"% ?oft ' LakSO'hoce / Dr �ol� D We reiV Dry (,n G jcO of 0Its. J' ........... CA V M O �1.T• C pjb I �d►If�AfA�iA►I i �'r I►u ��'�uM�� \, L � , Nt l 611� pry :2. )A cre s Z (� .t i rect ` �a �o�qi •� I. 2.7 Acres ! m I j� L;,, . A _ I iI zoo' � (Ca 4 E A Dr� lr0164— PRO _ / p,y Z Z Acres s Force, A Ltftc A �-- T.to..,ra4� •• � j / Toiel Dry A.ev ' 3.5 Ac:cs •_ P� 13 �f'opoSeGi w0 .c, ! k —. • L�nr� � — LokeshKa' Dry ; --- .ir / I fdae of C U �� �o S V ?" Dry (,ro„n // c • r t..t L.po PRELIMINARY PLAT FOR LANDMARK CONSTRUCTION IN LOT 53. AUD. SUES. N'O. 203 AND THE NW QUARTER OF SECTION 5-117-23 HE NNEPIN COUNTY, %0NNESOTA llsreeo olYaVllw- ►A8 µ A ihll rill of tad brtt4tst ::tester 0• 1•+ •�•O•tsl .lw.t« rf It• 4.. .r t .•.. t.- .• tr;:,.. iprtaq 111. Ilage 77 I,l.q gerl.. Of a Iu* xtcr. ord +. a tu.t• 1 s.td hOrtrefost than« of the Swtlhef tl QYJ•ler of tl* Rrlh•f\t O Ir • 1 - T (V ••:1 1•••' tv :.. t..l >. e.: 1w t► Ilse Soot.Z43t cenerr tht.e0 : ta1.•ce horta $S deweh 7Q •dltrt.\ Ant ri� •«•:. llte..e Sa tr�esle• Ir to a pole; ]57.5 feel rta*tt«I/ Irr. ufd lost It- A. 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SURVEYORS AND PLANNERS LONG LAKE, MINNESOTA To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: November 17, 1987 Subject: #1187 North Arm Estate A-_sociation & Victoria Estates Association - North Arm Channel - Conditional Use Permit - Resolution Pertinent Ordinances - Section 10.03, Subdivision 19 and 20 - Conditional Use Permit required to excavate/fill 2 berm areas in excess of 100 cubic yards with 4,858 cubic yards of spoils from dredging of North Arm Channel. Section 10.55, Subdivision 8 - No filling within required setback areas, specifically, within 26 feet of wetlands. List of Exhibits - Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Fxhibit D - List of Applicants Exhibit E - 1968 M.C.W.D. L_Aging Permit Exhibit F - 1968 DNR Dredging Permit Exhibit G - Cook Letters Dated 11/16/87 & 10/13/87 Exhibit H - Applicant's Addendum Exhibit I Cha._.iel Area to be Dredged Exhibit J - Cross Section of Channel and Dredging Calculations Exhibit K - Final Grading Plan Exhibit L - Interim Grading Plan Exhibit M - Detail on Northern Wetland to Receive Liquids From Spoils Exhibit N - Latterner Report Exhibit O - Allied Test. Drilling Report Exhibit P - Soil Boring Map Exhibit Q - Berm Cross Sections Exhibit R - Planning Commission Minutes of 9/8/87 Exhibit S - Profile of Final Grades, Original, Interim F.hibit T - Packet for Application No. 319 - Dredging Plus Depositing of Spoils on F.W.B.I. Property Review of Application - The conditional use permit involves the dredging of approximately 4,858 cubic yards of spoils from 2,450 lineal feet of North Arm Channel (review Exhibits I & J). The applicants propose placement of these spoils within earthern bums to be constructed within two properties and liquid run-off finally drained to wetlands to the immediate north located within another property (review Exhibit I - 'kdams, Axel and Armstrong properties). Zoning File #1187 November 17, 1987 Page 2 of 4 The applicant has mowed the entire area proposed for berms and storage of spoils. The red stakes denote the 931.5 elevation. The channel area is considered the lakeshore. Note in Exhibits L & M, the encroachments of the required 26 feet wetland setback area at the northern edges of the berms, drainage pipes to wetlands and silt fencing installed along edges of wetlands to prevent contamination from run-off of wetlands. The suction dredging method shall be empioyed. In the days when the City still had jurisdiction over dredging, this was always _he preferred method. The major concern with suction dredging is the need to locate a nearby area to receive the spoils. The engineer has advised that the solid/liquid ratio +-,f spoils would be 1 pound of solids to 4 pounds of liquid. If solids are calculated at 4,858 cubic yards, the total estimate for spoils to be removed would be 25,000 cubic yards. The berms (review Exhibit Q) at 8'4" and 7'2" in height and the 91,600 s.f. in area for both berms will provide 732,000 cubic feet of storage capacity. The spoils at 675,000 cubic feet (25,000 cubic yards) will be provided with at least a 10% cushion. This cushion factor will satisfy the 10 year storm factor established by both staff and the M.C.w.D. The berms are constructed with 4" PVC pipe at 2 fo,�t height intervals and at the point staff can confirm that settling has begun within berms, the pipes will be released to wetland, (Exhibit M). This process will tak place over approximately 14 days. Cook has advised that final grading and seeding can be realized in early spring if all goes well. Staff has asked Cook in his report to define all re uired inspections throughout the entire project. They are recommended as fo'.lows: 1. Preconstruction meeting. 2. During berm construction. 3. During dredging operations when ponds are 2/3's full. 4. Prior to draining ponds. 5. Prior to seeding site. Soil borings (review Exhibits O & P) confirm good solid clay soil base to deter perculation or filtering through bottom of berms. The topsoil from the site shall be salvaged and stored for respreading after construction. Review Exhibits K & S, the final grades proposed will show little change from existing grades - blending in wi'_h existing higher elevations and maintaining gentle, flatter. ele`,-itions. There are no changes in drainage patterns proposed for the area. In 1985, staff sought. Dr. Hanson's (F.w.B.I.) advice with a previous application involving the major dredging cf a wetlands adjacent: to the lake where the applicant planned to remove the spoils from the site. Staff expressed relief that spoils were to be removed. Dr. Hanson said the City should require that the spoils be kept on site or at least within the City. He noted that the spoils contain the best of the top soil eroded into lake and wetland beds. Hanson stated t:at the spoils contain the richest form of nutrients providing the best fertilizers. Zoning File #1187 November 17, 1987 Page 3 of 4 Both staff and Planning Commission members have supported this application as long as the City Engineer and other reviewing agencies found no problem with the method of storing and treating those spoils. The City has had little experience in dealing with applications that would store large amounts of spoils on lands adjacent to the lake. Staff has enclosed an abbreviated packet of information (Exhibit T) for your consideration that involved a major suction dredging project back in 1977. 58,821 cubic yards of spoils were placed in two bermed areas located within a designated wetlands within the F.W.B.I. property. The wetlands were also located adjacent to the lakeshore. There is nothing in th file that suggests any negative finding or negative impact on the wetlands or lake. The area is now seeded and planted. This project involved twice the amount of spoils to be stored and treated as the current application. Staff has checked on the status of the permit review with both the DNR and MCWD. The DNR will approve the application as soon as the City of Orono formally approves the conditional use permit. The DNR asks that drainage pipes into wetlands be extended to avoid any erosion problems. The agency also advises that dredging within the channel will not be allowed from Apri 1 1st through the end of June. The City has worked closely with Kevin Larson of the MCWD. Fie advises that the final submitted information was received too late to make the formal agenda for the November 19, 1987 meeting. Larson states that he will still ask the Board to review the application as it would be a second review. Staff wi 11 report. to Council if the MCWD approval requires additional conditions. At the request of the Planning Commission, staff will ask the City engineer to consult and provide direction to applicant regarding any need to change the schedulinci of the project based on the on -coming cold weather. As of this writing, Cook has been out if town and unavailable for comment but he will be present at the Council meeting to present his resolution. Planning C--nisaion Recommendation - To approve the conditional use permit/variance application of North Arm Estates Association and the Victoria Estates Association to permit the placing of 25,000 cubic yards of spoils from the suction dredging of North Arm Channel rased on the following findings: 1. All Encroachment of the wetlands is temporary and original grades will be restored within setback rea of 26 feet. 2. The Plan for erosion control will prevent any contamination of the wetlands and/or adjacent channel (main lake). 3. Spoils w4.11 provide deer) rich nutrient base for reestablished ground cover in the spring. Zoning File #1187 November 17, 1987 Page 4 of 4 Approval is subject to the following conditions: 1. Applicants must execute a developer's agreement and provide a letter of credit to ensure that final grades are restored and that adequate erosion control is maintained throughout entire project. 2. Applicants must complete restoration of final grades and seeding by July 1, 1988. 3. Grading plans for interim period must ue amende3 by providing an 50 feet extension of silt fencing along the south side of both berms to ensure that runoff to channel does; not carry sedimentation. 4. Applicants shall be responsible for calling for required inspections as set forth by City Engineer. 5. The City will reserve the right to halt all or any phase of this project if it is found to be detrimental to the environment and /or to endanger the welfare of residents. 5. City Engineer to review proposed construction schedule to determine if it is feasible to begin project in light of on --coming cold weather. The enclosed resolution has been drafted per the unanimous approval of the Planning Commission. Staff was able to make telephone contact with Glenn Cook and he has advised that the project can begin at this time of year and that he sees no problem with storing spoils over the winter - in fact, he says that it would be for the better. Cook will be available at your meeting for further comment. i CI OF O 7 GENERAL LAND USE APPLICATION-v r,c -r,•r, ---------------------------------------------------------------L'TA:'1S•P"— IT— i �nrn�% PROPERTY LOCATION „'0A r5j"TrRA4'J0 Site Address C NA AA)& oa 41fg 60Q eF ,'Jaic,r A.P..r �� �� , - , T�L�, ��Y�g0.�0Q0 VCC�A 7bG><�ioTES - r fifiptfr--ft — Property Identification Number (P.I.D. ) 4tm VL'gL% r-r_ 'VA I,,, lV:'A 11 I •L Please check one - Is the property abstract or tcrr0A47,/5; (for Conditional Use Applications only) Please attach legal description to application if not included on required survey, --------------------------------------------------------------------------- APPLICANT Phone (home) y71 Name 'Pap 1�Acg K0 Phone (work) z?D Sivo Address a & o 6V0t•7�f Agm LA4& City r46aa0' Zip 5_QG V -•------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name AaMsnWa& AAAM 5 AxE[ �,d ",rea 1Phoneyl -z . j, i z 32S Address 360 +- 3*70n10 TN A N _ City ?2 'V'Ayp Zip bS�LS� Date Property Acquired bAc,<6c"o /�S,�S.Iy (month/year) I (do) ( o ---no---tl also own the adjacent parcels of land. ------------- -------------------------------------------------------------- PEES - CONDITIONAL USE PERMITS $100.00 a) Resijential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) I�and Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) _ $250.00 Vacation _ $150.00 Easement Vacation -' $ 50.00 Easement Vacation With Subdivision $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 RE2UEST Describe request in detail: 7VAK666 CNV^WEz- _ _ Sec- .or WCNeO --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtai this list from Hennepin County Department of Finance A-603 Governmen Cernter 348-3271) 3. Stamped, legal sized e?)-;e',opes (#10) pre -addressed to each of the name on the above list with no return address. 4. Certificate of survey. 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. Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature — Date 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 CA Date 7 /1�i. g 7 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. e ,JAV;j 41.0 ,fnES 466de Owner's signature H * Y�crn�trA Estes Date -7 A? Applicant must -have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission MeetSngs are held on the third Monday of each month. Applie-ants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorized agent attend in your plac.,� and to a0vise the Building & Zoning Offlec of this change prior to the meeting. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND A VARIANCE TO SECTION 10.55, SUBDIVISION 8 FILE #1187 WHEREAS, Rodney D. Backerud, authorized agent of the North Arm Estates Association and Thomas Mazer, Chairman of the Victoria Estates Association (hereinafter "the applicants") have made application to the City, to allow the placement of spoils from the dredging of North Arm Channel on specific properties within the North Arm Estates Assc iation within the City of Orono (hereinafter "City"). The legal descrip -ons of the properties that are included in these associations that achieve riparian access via the North Arm Channel are listed on attached Exhibit A (hereinafter "the properties"); and WHEREAS, the applicants have :jade application to the City )f Orono to permit the placement of spoils and temporary land alterations that. will require a conditional use permit per Section 10.03, Subdivision 19 and a variance to Section 10.55, Subdivision 8 because portions of those land alterations will temporarily be located within 16 feet of an adjacent wetlands. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1187. 2. The properties are located in the LR-lA Single Family Lakeshore Residen' _1 Zoning District. 3. The properties to receive the spoils are approximately 9 acres in area. 4. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended approval of the conditional use permit and variance application as amended, based on the following findings: A. All encroachment of the wetlands is temporary and c. .gin. grades will be restores: within setback area of. 26 feet. B. The plan for erosion c. ntrol. will prevent any contamination of the wetlands and/or adjacent channel (main lake). Paige ' of C. Spoils will provide deep rich nutrient base for re- established ground cover in the spring. 5. The City of Orono reviewed this application on November 23, 1987 noting the written and oral comments of the applicants, the comments of staff and consultants and other reviewing agencies and made the following additional findings per required standards set forth in Section 10.55, Subdivision 25: A. The interim end final proposal, as amended, will not restrict the passage of surface drainage to the immediate and adjacent flood plain. There is no change proposed in current drainage patterns. B. The 1 lan, as amended, will not present a detriment to the quality of surface drainage and/or ground water. C. The plan, as amended, will not create overflow of wa'er onto adjacent land areas within the Ciy or onto land areas adjacent to Minnehaha Creek. D. The plan, as amended, will be consistent with the objectives of encouraging land uses compatible with the preservation of natural land forms, vegetation, and the n, shes and wetlands. 6. The City Council finds that the conditions existing on these properties 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 properties; would not merely serve as a convenience to the applicants, },>>t is necessary to alleviate a demonstrable hardship or diffi- is necessary to preserve a substantial property right of therants; and would be in keeping with the spirit and intent of the Code and Comprehensive Plan of t. 2 City. 7. The City Council finds that gran a Conditional Use Permit to allow the placement of spoils o►, a:;_ . --nt land 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 i 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 2 of CONCLUSIONS, ORDER AND CONDITIONS Eased upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Cade Section, 10.55, Subdivision 8 to allow temporary land alteration. within 26 feet of a designated wetland and grants a conditional use perrAt per Section 10.03, Subdivision 19 will allow majc land alterations in excess of 100 cubic yard- Ives excavation and grading for temporary berms, drainage r tallati.on of silt fencing and the final regrading of appox=nr,- of area, subject to the following conditions: 1. Approval of this lane _ ;i permit is based on Grading Plans by Coffin and Gronberg, Inc., `wised 11/10/87, per Final Grading Plan by Coffin and Gronberg, Inc., dated 11/10/87, Ponding and Water and Discharge Plan submitted by applicant and referenced as Exhibit M in staff memo dated 11/17/87, per letter from Glenn Cook dated 11/13/87 and referenced in that same staff memo as Exhibit G and all conditions set forth in approval permits from DNR and M.C.W.D. 2. Applicants shall execute a Developer's Agreement and post a Letter of Credi,' to insure that adequate erosion control is maintained through _t entire project and that i inal grading and seeding is completed b� July 1, 1988. If applicants cannot meet the specified deadline date, the City must be *notified by June 15, 1988. 3. Applicants shall. be responsible for calling for all required inspections as set forth bl• the City E- - i neer as follows: A) Prior to starting con'tructi(,.. - Preconstruction Meeting. B) During Berm Construction. C) During dredging operations when ponds are two-thirds filled. D) Prior to draining the ponds. E) Prior to seeding the site. 4. Applicants are placed on notice that the City will reserve the right to halt all or any phase of this project if the land alterations proposed are found +-o be detrimental to the environment and/c,r to - endanger the welfare of its residents. 5. The City shall ask that all property owners included within the membership of the North Arm Estates Association and Victoria Estates Association attest their signature to this rasolution and to insure that each owner/member understands the conditions of this resolution a,A with the signing of this resolution .agrees to all conditions as set forth by the Ci:y. Page 3 of F.,. Authorities granted by this resolution run with _he property not wit!,the owner. but are I,Prmissive only and must .�- exe-cised by Fop-' icati(:n for a building permit within one year of the date of council approval, or the sF.rr-'al conditions of this resolution will expire on that date (November 23, 7_988). 7. J--t'on of or non-compliance with any _he ter,as and condi- tiol. :f t_hi. resolution shay_ :onstitute a violation, of the zonir, cods shal.l automatically term?:,ate any authority a-inted herein, and 0. _a I., be puni-hable as a mi sdez ::anor. '. `he undersigned applican-s have read, understood and he?-eby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the ret7ording of t`iis resolution ir, the chain title of c r respective properties. Adopted by the Orono City Council on this 23rd day of November, 1987. AV EST Dorothy `'-illin, City Clerk ,ames R. Grabek, Mayor North Arm Estates Ass •-ation Victoria Ls*ates Association RUN DATE 07/14/87 BATCH 001 4 33 06-117-23 12 0003 p7lelp ACOR 0435:i BAYSIDE RD O'.:NCR NAME MI::I:EAPOLIS FOLPMATION ET AL TAXPAYER VEDA INC NAt7E/ADDR Cox 115 LONG LAKE MH '56 38 06-117-23 24 0003 PROP ADDR 0:::rR RAMIE R W ARMSTRONG ETAL TAXPAYER JEAN T ARtTSTR01:G N,AHE/ADDR 235 1409TH ARM LANE MOL::D mi 55364 38 06-17-23 24 0009 PROP ADDR 013:ER FAME R & K AXEL TAXPAYER RICHARD C AXEL & WIFE N:ME/ADDR I5501 S EDEN OR EDEN PRAIRIE VN 55344 38 06-117-L3 24 0012 FRC13 ACDR 00360 NORTH ARM LA C::.:LR t:!J'C R D BACKERUU & D S BACKERUD TAXFAYER ROONEY D & DIANE S BACi'L:UJ t:ANE/ADDR 360 ARM LN N ORONO t0i 55364 38 06-117-23 31 0004 PROP ADDR C:Zd R 11AME VICT0 <TA GRAIN CO TAXPaicR DENNIS L ODONS NAME/ACDR 4250-39TH AVE SO MPLS tL4 55406 PROP ADDR CS.::ER NAME TAXPAYER TOTAL BATCH N,'LME/ADDR 001 00015 HENNEPIN ::OUNTY PRGPERTY INFORMATION SYSTEM PROPERTY OWNER LIST 38 0�)-117-23 23 0002 04620 N-,^TH ARM CP W 0 A & M if WINT,R DON A WIt.iER 4620 t O ARM OR .LEST CROt:0 t1N 5= 76v 38 06-117-23 24 CCC6 04590 NORTH APM DP W Ht.ROLD H USELMAt.^.J & WIFE J PAUL WESTERLL?M 4590 NORTH A'M OR W NOUt:0 tC1 55364 38 06-1I7-23 Z4 0010 00350 NORTH ARM LA FIDELITY B=t Ata TRUST CO JAVES OR EVLYN M ADAMS 10603 UINCY BLVD N E MPLS HN 55434 38 06-117-23 31 0001 00420 NORTH ARM OR L M DUNS11CRE A D J DUNSMCRE PAUL J & ANNA COCK 420 NORTH ARM DRIVE MCU110 t11 55364 33 06-117-23 42 0006 VICTCRIA ESTATES I'O11E0 .ERS VICTORIA ESTATES HCHEG144ERS C/C THOMAS MAZER 56C NORTH ARM OR MOUIr'D MH 55364 DEPORT NTT. PI4" .01 PACE 38 06-117-23 23 0005 0`640 NORTH ARM DR W D & L IVERSON DANIEL d LINDA IVEP'5DN .640 NOR illi t.P; f DR ORO.'0 t.`1 364 33 06-117-23 24 0008 00370 NORTH ARM I.A R & H SMITH ROSCOF S A HARRIET 370 NORTH ARM LANE MOLll:D t24 55364 38 06-117-23 24 00:1 00366 NGRTH ARM LA M & M LAPSON MARK J & M LAPS,N 366 NORTH ARM LA ORUND MN 55364 33 06-117-23 31 0003 00440 t:CRTH ARM DR R & P STERt:AU RENE A Pt.'RICIA STLRNAU 440 HDR11, ARM OR MOUND t@1 55364 3T'-6-117-23 42 0007 VICTCRIA ESTATES HGME0121EPS VICTCRIA ESTATE 3 HO1,'=4ERS C/O THCNAS MJI-7iR 560 NORTH ARM DR t:OUND K 55364 # � 187 i RUN DATE 07/14/87 HENNEPIN COUNTY PROPERTY IWORMATION SYSTEM REPORT NY). PI43546' PROPERTY 0 IERS LIST PAU BATCH 001 #1187 I C'' THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TREE REF ATION OF INFORHATION AS IT APPEAPS THIS DATE ON THE RECORDS OF .Et,.m EPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO Tj�f BEST OF Hf KiiOWLEDGE AND BELIEF. l /7 // C c Ol / / N!"fCiCR fM'a _ +— J.l"_ -! r`~ /� •Y ��• / Y y i. ror of :r sr ass► aorr .tiYy ` '• /`' �� A S' c E NORTH ARM EST TE - oo _ SEC ADDITION # i . SE h ARM ' MORTM ARM .,.M�o A iFwRTN ADQ NORTH . AE a TAT« jS " �, ssaoe nr A 'w Cw te i try- Y�,ir• `p• ` Fi ,,�ve HOf.TH ARM ESTATES ASSOCIATION: Jim Adams 06-117-23 24 0010 Richard C. Axel 06-117-23 24 0009 J.T. A. Strong 06-117-23 24 0001 i 0003 Rod Bac► crud 06-117-2:i 24 0012 Roscoe Smith 06-117-23 24 0008 VICTORIA ESTATES ASSOCIATION: Bryce Johnson 06-117-23 42 OOu5 Rene Sternau 06-117-23 31 0003 Dennis Odoms 06-117-23 31 0004 Paul Hassen 06-117-23 31 0005 David E Catlin 06-117-23 31 0006 Tom Mazer 06-117-23 31 0007 Victoria E::tates 06-117-23 42 0006 Victoria Eetates 06-117-23 42 0007 May 280 1968 Director, Division of Soils, Waters and Minerals Der--tment of Conservation Ce finial Building St. Paul, Minnesota 55101 RE: Permit Dan Schimmelpfennig for dredging North Arm, Set.:. 6, Twnp. 117, Range 23, Hennepin County Gentlemen: It is recommended by the Board of Managers of the Minneheha Creek Watershed District that this permit Dhe arented subject to the following requirements: 1. Prior approval of the adjoining land owners and the Division of Game and Fish be obtained In writing prior to permit approval. 2. Consideration should be given to construction of pot hole r duck habitant along the dredged arei, the time of construction. 3. Dredging shou, be limlted to a depth of 6 feet and no fill should be placed below an elevation of 929.4. Sincerely, Eugene A. Hickok, F.L. Engineer for the Mirao-haha Creek Watershed District EAH: mor cc: Mr. Fruen 1 1• Rer.•67 Centennial 01iice Building, St. raui, i,inne:,ota, :;il�. / IN T11E MATTER OF TILE APPLICATION OF D.�n 80 Cohlrovewom tw� for a PERIMIT TO CIUViGE TIIE COUR:;E, CURRENT, OR (JOSS SEC �f b 4 if {� _ County. L` im `'aaa.�✓� PERMIT Pursuant to Minnesota Statutes, Chapter 105, on,: it .he bee; of statements and i-formacion contsined in the permit application, letters, maps, ohd plans submitted by the applicant, and other supportin ate, all of which arc mode a part hereof by reference, PERMI53ION 13 HEREBY GRANTED to whose address for the purpose of notices and other communications pertaining to this permit is which address is subject to change by written notice from the permitter. To !fir `qkAL. a" owitio sA r1sla r"S try Db Ot i UMMAM" 1410 �. �1+MM�• 0 am 1iew1 natm In sae wrwtum cc . ebama" lour lNit i� gist .-N tO !mot b"UM Wltb 201 *1" alb to a.mlwet V"- pasft ehlwii i 3LJ'3W ft" 1s" to be esnotirs.t" vn rr�pueaat. ill M M &Ub23d'L%" SbUtt111� PROPERTY DFSCRIBED Ot 26 St XV; 104 Mrt lot 02, +�� l6o ?mat ltT aa: I iMet. asiPls Comm for the purpose of invowe 101601451 —_— III!i0eu1`1060 This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This pemit is permissive only and she]] not release the permitter from enyy liability or obligation imposed by Min.esota Statutes, Federal Law or local ordinances relating thereto and shell remain in force subject to all con- ditions and limitations now or hereafter in by law. 2. This pemit is not assignable except sit h the written consent of the Commissioner of Conversation. 3. The Director of the Division of Wncers, Soils and Minerals shall be notified at least five days in advance of the cortaencemrnt of the work authorized hereunder and shall he notified of its corcpletion within five days thereafter. The notice of permit issued by the C-,mmissinner shall be kept securely posted in a conspicuous place at ll to of operation,. 4. No change shell be made, without writtent permission previou,ly obtained from the Commissioner of Conservat in the hydraulic dimensions, capacity or location of any items of work authorized hereunder. 5. The pe mittee shell grant sccess to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Conservation for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Conservation, without nctike, at any time he deems it neces- sary for the conservation of the water resources of the state, or in the interest of public health and welfare. or for violation of any of the provisions of this -te mit, unless otherwise provided in the Special Provisions. SPECIAL PROVISIONS I. Construction work authorised under this permit shall be completed on or before gOWM&W Vk Lpon written request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be obtained. NA 1I. The etrcavaticn of aril authorized here-n shall not be construed to include the removal of organic matter unless the area from which such organic matter is recoved is impervious or is sealed by the application of hentonite after excavation III. In all Cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaCing of any property, rights or interests of any other person or persons. or of an; publicly ovned lands or improvemeete thereon or interests therein, the permitter, before proc:erdrng therewith, shell obtain the written consent of all eeersens, agencies, or authorities concerned, and shall acquire all ••roperty, rights and interests deces7liry there[or. IV Vile permit is permissive only. No liability shall be irrVosed upon or incurred by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to sny person or property resulting from an; art or omission of the ,- mittee or any of its agents, employees, or contractor • reIsting to any matter hereunder. Thte permit shall not be -trued as estopping or limiting eny ,legal claims or right of action of any person other then the state against the Permittee, its agents, employees or -on!rsctors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any, Legal claim or right of action of the atate against the permitter, its a enta, employees, or contractors for violation of of failure to comply with t6r provision• of the permit or applicable provisions of law. Y. fin materiel excavated by authority of this permit nor materiel from any others ice. jiIfi+ri a j�c �fied he�irJ ell F• placed ma6ortion of the bed of said waters which lies below i� It ahall be the 4.1ty of the permittre to deter.:tnr correctly all pertinen6 eleve- tiona at the ant- of the work for the purpose of crr�;ly;r.g *11h the renditions of this permit V1 An extension of the surface of said voters resulting fr, worn authorized by this perm t,rtl become public voters an � left opt- And un•,bst!ucted for use by the public. (atser) YII. Receipt is he.eby acknowledged of liIM486 as payment for bie yards of send, gr%val e or rock and 7W cubic yards of muck and silt, the estimated amount of materiel to be removed here- under C mp uted at t a rate of ten cents per cubic yard for send and gravel and two cents per cubic yard for muck and silt. Pem ittee agrees by acceptance of this permit as sho..n by commencement of work authorized hereunder to psy, by certified check, bank or postal money order, made paY bl.. to the State Treasurer and delivered to the Director, Division of.. Water*. Soil:, apd Minerals, Departmer,t of Conservation, Centennial Office Eluilding, St. Paul. Minnesota 55101, for any, material removed from the bed of public waters in excess of that so estimeted, at tho above rate within thirty days after completion of the work authorized hereunder. �nsMrllrt •W '�. taw was sum . ago".. . sssa 19 T�Lr piwlLf l�s VM4W me 00MAIUM LW et,r tiversm d6ae Aim RSA 8�7' . --- , 0tv", IS wr• DATED AT ST PAIN., MINNESOTA, TNIS DAY OF �19 Z� --tl ` Dt.lol.e .f Wet. Moll* ..a afe.r.le Sonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636.4600 October 16, 1987 City of Orono Box 66 Crystal Bay, HN 55323 Attn: Ms. Jeanne Mabusth O Engineers & Architects Re: File No. 139 - 1187 North Arm Estates 2nd Addition Proposed Dred%;.ng Dear Jeanne: CAto G tAten/r Nutwrt w N /wtPA C AnJtt lraf/wQ A ! ry RIrAAYO L Trre Jefz C CNwe. P.L U r/ UAreeAl. P! Attr.ue L SWIVIV P L o"& C Awprdl. P f Jeff! A lWrrdue. P L Aturt A ll*aku P L Ted IC , Will, P L Ate Awl T NlYlawee. P L NuDevt N r/�l�.,w. Y e Ur.IJ U L wAw.. Y L l Aurea M" PYlt'WA. PL At. Awl C LyM A, P L Ante L * Wa. P [ /ems R A/eYed. P L' AreettA P Aeelnwe. P L AntA A Ra Anwa,. P L AturA R Nu//e. P L R.bert C Ne &. A I A TAwew L A�gw. P L Lwt L toes, P L CAwkt A Lw AI P.WbAi II.eAm At CN.w 1Y10A M LOtrlte We have reviewed the grading plan and soils boring information submitted on the North Arms Dredging Project. There are several other items which need to be included on the plan. The plan should show the typlical section for the berms which are to be con- structed with 3:1 slopes on the outside and 2:1 slopes on the inside. The berms and storage area should be constructed above the flood plain. Compac- tion of the berms to 100% of standard proctor density is required. The silt fence required for erosion control should be shown on the plan. The grading plan should include ditching ►:o direct surface water around the holding areas. The plan should indicate the volume of the holding basins and the area to he F avated to construct the berms. The plans should include the channel area to be excavated and the final grading plan of the site. If you have any questions, please contact this office Yours very truly. BONESTR00, ROSENE,, Glenn R. Conk GRC:ci 7331v ;1.IK & ASSOCIATES, INC. Utta L. bonewuo, rE Kr-- n Ck W,1n_ r'F . cm,s '.V Prtr tun, I r.nertr& n I,Kk" Bonestroo Rn"rt W Rosen PE Rrhard W feller. PE MKhAPI C Lynch PC tro M Pawrsky fil Joseph C Anderl.k PE Donald C ftcngardt. PE )a —el R MAIAnd, PC Harlan M Orson Rosen flradford A Lemberg. PE refry A Bourdon. PE Kenneth P Anderson PE so ;uLsn AAfCenm 'PIP Rr(hard E Turner. PE MAfk A Hanson. PE Kedh A 9achmAnn PE Mark A NEM Anderlik & lames C Coc*.on, E Glenn R Code, PE red K Freed of MKharr T Rautmann, Pt Mark R Rorrs. k Robert C RUSSCk. A I A Thomas E Noyes PE R(Zert R Pfefferle. PC thomas E Angrus PE Associates Robert ra Schumfht. PE Ddwd U Uskola PC Howard A SAnford. PE Marvin L Sorvala, PE Engineers & Architects November 13, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: 139-1187 North Arm Dredging Rod Backerud Dear Jeanne: We have received the revised plans on the North Arm Dredging project. The plans reflect concerns expressed by the city staff on previous submittals. The plans provides for tw,� storage ponds as opposed to the three originally planned. The storage volume of the two ponds remains at 25,000 cubic yards. The berms will be constructed with 2:1 interior slopes and 3:1 exterior slopes. The berms shall be compacted to 95 percent of standard proctor density. The plan indicates t►!e construction work will be the above the 931.5 elevation as required The pond water will be drained off the storage ponds with drain tile inbedded in the berms. The water will be drained down after the sf'' . have settled out. The contractor shall meet with the city to determin the pond is to be drained. The topso_1 from the site shall be salvag. and stored for resp,eading after construction. The erosion control barrier or silt fence shall be placed prior to startin6 construction. The silt fence should Ile extended approximateiv 50 feet as shown on the attached plan. The contractor should be required tL ..;et with the city staff for a preconstruction conference prior to starting work. The periodic observation of the berm construction by the city is desirable to insure that proper construction procedures are followed. Page I. IM 233- ',r'�st Highway 36 0 St. Paul, Minnesota 55113 • 612-636-4600 •J There are several critical times during the project Then Iv +:ity should be notified to allow for inspection of the site. 1. Prior to starting .onstruction - Preconsrruction g. 2. During Berm Constru.^tion. 3. During dredging operations when ponds are two-thirds ! 4. Prior to draining the ponds. S. Prier to seeding the site. 7'e would recommend that the project be approved subject to the DNR and h'• aehaha Creek Watershed approval. If you have any questions, please contact to s office. Your.. f ry truly, AUINE�oTROO. ROSENE, ANDERLI, b ASSOCIATES, INC. v Glenn R. C, ok GRC,ci Page .1. 01 Nil 731.72 i S :.mod sacker..' ::ui. rt'i .', -m 5:3t..,cG: yyi.3 E t3. '• A rj_.a ..ohs DESCRIPTION OF REQUEST 776 Remove silt and earthen materials from existing 245� �t tnannel on West end of Forth Arm of Lake Minnetonka. To restore channel to original specifications, authoriz`.3 in 1168 permit, granted to D.Schi.mmelphennig (PA. No. 68-657, dopy attached). Removal will be accomplished using hydrolic suction, placing extracted materials on properties owned by five individuals. These individuals have formed an association to accomodate maintenance of the channel. This association will be known as the North Arm Estates Association, members are: Jim Adams J.T. Armstronq Richard C. Axel Rod Backerud Roscoe Smith For the purposes of this project the Morth Arm Estates Association is being joined by six property owners with docking rights on pier at East end of the channel. These six property owners comprise the Victoria Estates Association, (Tom Mazer, Chairman). All eleven members of the two Associat.ior.s will equally share the expenses of this project. The amount of material to be extracted is 4858 cubic yards (cross section diagram and calculations attached). Estimated ponding areas, using berms with minimum elevations of431.5 feet above sea level, will have capacity of approximately 22,000 cubic yards. The following set backs will be adhered to: Channel 7-) feet, wetlands 26 feet, dry creek bed 26 feet. Certificates of survey indicating ponding area elevations, planned placement of berms, proposed set backs, and ending elevations, have been initiated with Coffin and Gronberg Inc., estimated completion is August 7, 1987. These plans will be submitted fcr review by City Engineers at that time. The contractor for this project has indicated that the extracted material will have a volume reduction of at least 3:1 but more likely 5:1 of the original volume. When the ponding areas have drained sufficiently the remaining material will be graded and revegatated to the natural state of adjacent landscape. In addition to this application, the following organizations have cc,ntacted for applications or approval processes, and dialogs have been conducted pretaining to requirements and recommendations to ensure expeditious processing: Minnehaha Creek Water Shed District Kevin Larson and Jim Mahady-Permit no fee Minnesota PCA - Bob Criswell Approval only DNR - Judy Boudreau permit and fee Lakc Minnetonka Conservation District Frank Mixa (no action needed) All permits and approvals wi _ be submitted upon completion of elevation survey and detailed ponding a --ea placement and specifications. too JLoolf Oun il+ Az � O ' Z b l �....�� s `��r V I dAcxea.cD $NIZTN U3 cc u C AXEL ADAHS V A)MTH A E S i T S • — NA��STitAy �1wTtUI lW�oa� Arita � . �t y I © ®©— PAe>Llg WA" 5 Assam. 0 0 0 $MLTN u n tl o5r, %r 2W J i r � J 0 .Y 1 el q]1.V co 14 w) 127. 71 WArfok 1 123 0 ORsG%r4AL cwM,Au1. 607rCV4 7/1.2/s7 jZ0.$Ackerl" I r i— c 106q Cu.Yd. So7NYd. I q 3 3 Cu YJ. 10 38 Cu. Yl. 10 licit" C ALX LAMA T1 0rA C QOSS SECrLp61— �'1 1 1 x 2. _ 4S7 1.0 i 3, l.O x 20 AI0.0 q. 1 x Z•0 c /,0 S2 S X SSD = 24.V!r-Ca.JPt =- .1►Db4 Cu YO. I B. va SECT A ' 5 1 '� I 1• A :S E: r b g 6. j 3 20 X 2. o' ? 2(0 10Q. 0 AXC S-y.S ACE it •06 I X 400 Fr 2.1 VOO C j S r S�•� I C. 1. A A ►.S x 4 = �.�5 SECT 8 = Sb •S s. ► x �.3' K ► - SEcr C - Sy• 3 3 ao x I.7S = x.:o0 ,4. V2 X s. Z; x r - r ,: zm cu fir = tt 33 eu �c I 3 ';0 K 1.0 i . Y2 8 G;;p i• )D3e . ►. tSr _ �. 4 _ 51.E 1 'V% K 1 A 7. z = Z St:c r C ►O S1. 3 30o cw St loll �.0 �D —��At—.a!S4 !A.L NORTH ARM ESTATES ASSOCIATION IN NORTH ARM ESTATES HENNEPIN COUNTY, MINNESOTA 1 r A � COFFIN 8r GRONBERGI SCA! E DATE _ I" 40' „- i0 - 87 ENGINEERS, LAND SURVEYti`W, ' SATLIN', MEAN SEA LEVEL LONG LAKE, MINNES-07A a--' FXISTInIf CONTOUR vmAuumu eLAN I -ON �,DRTH ARM ESTATES ASSOCIATION IN NORTH ARM ESTATES HENNEPIN COUNTY, MINNESOTA suu: &%TuM: MEANS SEA LEAL a COFFIN 5 GRONSERG, MC. ! -`NMS- LZ SJRVEFORS AND PLLVEka LONG LAKE. MOMESOTA sf' r"- B i K t-aY m G-fr&J I «. Pi \\ ' ' "N- / L 0 C / /K , I cJ T I t P: R C 8 L 0 ' 1 \ FRffZ KOWMAN'S LATTERNER EXCAVATING P.O. BOX 474 EXCELSIOR, MINNESOTA 55331 474-6930 October 7, 1987 Mr. Rod Backerud Orono, Mn. 472-6996 Re: Estimate of proposed work We need to store 25,000 cu yards of material. This is 675,000 cu ft. 91,000 sq ft of pond area available in the two primary sites. By makeing the western pond 8.4' at the highest point & makeing the eatern pond at 7.2' at the highest point. We will achieve storage area of 7i32,000 cu ft when factor- ing in perkulation and evaporation that would give us at least a 10% cushion in case of excessive rainfall during the time of settleing. This earth dam will be layed up in lifts and driven over to compress the mound. The co:; of this will be $4, 365. 00 When the fill has dried, the earth birms will be pushed back to level. This cost is difficult to completly judge as the condition of the fill can vary, due to weather. But a logical assumption would be ap.Froximately $1,500.00. The above prices (estimate) does not take into account any frost charges, should we run into that. The above prices were, compiled from information taken from the Drainage Plans By The North Arm Estates Association. We would request 25g dawn payment upon acceptance of work. Then the balances upon completion. Also, when returning after the fill has dried, a 25% down will again be reque-` i. Thank you, ALLIED TEST DRILLING COMPANY 4000 BEAU D'RUE DRIVE EAGAN, MN 55122 Exploration • Evaluation • Foundation Engineering (612) 452.6913 6 October 1987 Mr Rcd B&. :erud 360 North Arm Lane Orono MN 55364 C�@ a ON/C n D ■'ill Y�J Re: Subsurface Soil Investigation Proposed Dredge Spoil Detention Area Lots 1 & Biock 1, North Arm Estates 2nd Add'n Orono, Minnesota Project 87174 In accordance with your requeEt and authorization, we have completed the enclosed report for the above referenced pro- ject. A description and brief analysis of soils encountered together with our minimal conclusions and reccmmendations are presented in that report In essence, we discovered clay sutScils upon the site. These soils are expfcted to have very low permeability, so low that the exact value would be fairly redundant in pond de- tention, volume calculations. Hence, we did not run any gra- dation or permeability tests. Instead, and just for the record. we estimated a permeability rate. The invoice for our services is enclosed. If you have any questions on this or any other matter, or if we can be of service in any additional capacity, do not hesitate to contact us at your convenience. Sincerely, ALLIED TEST DRILLING COMPANY Patrick J Hines. PE President enrlos---irea cc: Gene Mabusth, City of Orono Kevin Larson, Hickock 6 Associates, Inc- 0 PH - GRADING PLAN FOR P JORTH ARAM ESTATES ASSOCIATION IN NORTH ARM ESTATES r HENNEPIN COUNTY, MINNESOTA o w 1 z _ c Scale: 1" = 80, 5E raeE�e.� par" WEA-45 SE.a E A. CMFIN 8 OMBERG. W_ V@GSI ERS. LWC ".FEVM WC a_woCRS LONG LAKE. WWCSOTA Boring Location R tr Dor i nj boring No 3 165 ../ '. E'.ev 039.4 1 � 1 go., 7� t ♦ ��� �� r R; f`• ♦ �' 0 0 C f , c �1 II c i i VD AWED TEST DRILLING COMPANY ,• _ �; ; 4000 BEAU D'RUF DRIVE •' f ' ' EAGAN. MN 55122 f / : A Note: Base map ; (612) 452-6913 furnished by owner ;! — .r v 91 r. \ Borinq t o 2 �� \ �lev gs7. N � • \� , • Boring No 3 165 �lev 039.1 � ��� 129,� a Lake elev go. �� X. ' oring No 1 ,.\ ► !1 Oct 8, 26 Elev . 037.1 \ r oring No 4 f`� � ----- � !/ ;11 Elev s 938.3\ r , .• , ' -. :: D � • �, \ '"1 , ` _ C �� %.ice,, � L 0 C11KI I •-� • :, � . : �r � �� � wit `. r � • j ► .: ' . BORING LOCATIONS ,'� �� — — — • ` FOR �71 —Proaosed Dredge Spot 1 Deter A -ea Lots 1 6 2, Plock 1 :. North Arm Estates Seccnd Aidtioe Orono, Minnesota e: Base map ; ! ft R �%�� � Project P7174 nished by Owner I // . // �. _.. 9 /SILT FENCE i BERM CROSSECTION OUTSIDE SLOPE 1 \ INSIDE SLOPE 35.0. ( 2' 2' 84" 7.2 WESTERLY _ \�. EASTERLY BERM BERM j \ jiT�7[R'tl TTiT77rvRRT,4L ' '77 . XvrfTTT77% COFFIN 8 GROWERG, INC. ENGINEER, LAND SURVE%%M AwD PLANERS LONG LAKE, MINNESOTA �16 BERM CROSSECTiON OUTSIDE SLOPE T�,4—V" PV .0 PIPES — _ —.�— Kete: 4" PHc PIPE WILL BE FLAcE D ItA BERMIS AT Z FOOT IµTERVALS FROM SOTTO"). AFTER SPOIL SETTLES ( 14 DA:S)l WATEfk WILL BE RELEASED TOP 4 PVC PIPE. WATE}Z WILL DISCHARGE BY HOSE TO SILT SCREEN AREA AD.IACENr To UPLAND wETLA•46 LNORTH OF GERMS) o COFFIN a GRONBERG, INC. ENGINEERS, LAND SURVEYORS AND PLANNER - LONG LAKE, MINNESOTA Aol MINUTES OF THE PUNNING COMMISSION MEETING HELD SEPTEMBER 8, 1907 #1187 NORTH ARM ESTATES ASSOCIATION �215, 340, 350, 360 AND 370 NORTH ARM LANE CONDITIONAL USE PERMIT PUBLIC HEARING 7:11 - 7:30 The Affidavit of Publica•:= and Certificate of Mailing were noted. Rod Backerud was present for this matter. Acting Chairman Bellows explained the Assocation is seeking a conditional use permit to excavate/fill 3 berm areas in excess of 100 cubic yards and placement of 4,858 cubic yards of spoils from dredging of North Arm Channel. Building 6 Zoning Administrator Mabucth explained the berms will not be created from the spoils inateria 1. The soil will come from excavated ma'Cerials from the i.iterior lands to create the berm areas. The spoils will go into the excavated areas behind the berms tying into existing elevations. Mr. Backerud explained they would like to do this project in 2 phases to allow the spoils to settle as they will be 5-1 water/soil ratio. What they are trying to do is get 15,000 cubic yards of capacity wing all available lands. They intend to stay out o` the 931.5 elevation area. There were no comments from the public regarding this matter and the public hearing was closed. Acting Chairman Bellows noted that she would like to actually see how the spoils will be used, how the spoils will be made to work, and what the end product will lcok like (need for final grading plans). Planning Commission can give conceptual direction and provide applicant with some answers tc his questions, and require a final grading plan for a return appearance before the Commission. The key to a large part of this project is soil borings and that will tell us the most about what ,--he property can hold and whether the berms will work. Hanson felt that the primary concern that he had was the impact of the dredging on the area but the DNR has primary jurisdiction ever this. fie wcu ld also like to see final grading plans and feels positive about the project but cautiously so. Johnson and Cohen both felt that this was a good workable plan. : rown also noted that the property on Old Beach Road is very similar and not offensive looking. Building 6 Zoning Admi-istrr-tor Mabusth noted that spoils must be kept from wa !,hi r 1 back into the lake. Aol MINUTES OF THE PUNNING COMMISSION MEETING HELD SEPTEMBER 8, 1907 #1187 NORTH ARM ESTATES ASSOCIATION �215, 340, 350, 360 AND 370 NORTH ARM LANE CONDITIONAL USE PERMIT PUBLIC HEARING 7:11 - 7:30 The Affidavit of Publica•:= and Certificate of Mailing were noted. Rod Backerud was present for this matter. Acting Chairman Bellows explained the Assocation is seeking a conditional use permit to excavate/fill 3 berm areas in excess of 100 cubic yards and placement of 4,858 cubic yards of spoils from dredging of North Arm Channel. Building 6 Zoning Administrator Mabucth explained the berms will not be created from the spoils inateria 1. The soil will come from excavated ma'Cerials from the i.iterior lands to create the berm areas. The spoils will go into the excavated areas behind the berms tying into existing elevations. Mr. Backerud explained they would like to do this project in 2 phases to allow the spoils to settle as they will be 5-1 water/soil ratio. What they are trying to do is get 15,000 cubic yards of capacity wing all available lands. They intend to stay out o` the 931.5 elevation area. There were no comments from the public regarding this matter and the public hearing was closed. Acting Chairman Bellows noted that she would like to actually see how the spoils will be used, how the spoils will be made to work, and what the end product will lcok like (need for final grading plans). Planning Commission can give conceptual direction and provide applicant with some answers tc his questions, and require a final grading plan for a return appearance before the Commission. The key to a large part of this project is soil borings and that will tell us the most about what ,--he property can hold and whether the berms will work. Hanson felt that the primary concern that he had was the impact of the dredging on the area but the DNR has primary jurisdiction ever this. fie wcu ld also like to see final grading plans and feels positive about the project but cautiously so. Johnson and Cohen both felt that this was a good workable plan. : rown also noted that the property on Old Beach Road is very similar and not offensive looking. Building 6 Zoning Admi-istrr-tor Mabusth noted that spoils must be kept from wa !,hi r 1 back into the lake. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 8, 1987 #1187 NORTH ARM ESTATES ASSOCIATION 215, 340, 350, 360 AND 370 NORTH ARM LANE It was moved by Hanson, seconded by Bellows to conceptually approve the dredging of North Arm Channel based upon the following conditions and requirements: 1. Final grading plans; 2. Soil borings and appropriate engineering design for use of the spoils holding area. 3. Approval from the appropriate agencies, MWCD, DNR and PCA. Motion, Ayes 5, Nays 0. Mr. Backerud asked about the time frame that they are looking at and was told that is strictly up to the other agencies but the earliest time to return to the Planning Commission would be the October 19, 1987 meeting and to the Council for approvel on November 9, 1987. #11.88 SHELDON RAPLAN 2695 BELLY AVENUE VARIANCES ?UBLIC HEARING 8:24 - 8:55 The Affidavit of Publication and Certificate of Mailing were noted. Mrs. Kaplan, Mr. Dahl, Mr. Kaplan's business partner, and Mr. Mike Crowe, applicants' realtor, were present for this matter. Septic and Toning Aide Knott explained the applicants' request for a lot area variance for Lot 1 to create a buildable lot for a single family residence and lot area variance and hardcover variance for Lot 2. The 75-250' hardcover on Lot 2 went from 25% existing to 30% proposed as Lot 1 is no longer figured into this calculation. The lots in the immediate area are very similar in size to the proposed lots, however, they do get larger the further away y-)u go. C war 11.. i —. !-� -. .- 1 �:.�. e+cari: �: as I _ `S.unrErlaAaLaL'• ;1}f� ,re'1rs.�'a. • E �....- .� _ • M r 'L_.__ r .,�.:F '! �It•}}r t F 1•t,l .: �s. ua } , ` i !I i'• t E :E f •t 11511 rr �i�;1 !�t {'. .. �^ - j- a•» ,fi: � {. E •11 ! r r';" fr }f.`I a � �� :rI Ilia � 'i 1+1�'; ir.L ..i _ ._ S .w e, 1 .i:l. + iE�� 1. { {t r i!1 ! 1 +.EI ,S; �� Etii r}}� •1 it 1 -r r _ •tea•.... - 1 YMiMl 1. r .. .. - -- -�- -- fl.c.l0t. �,an E-4UIaw.+ 1.1,[•+R (•rc ,if �. .� A..Ac tti 4.lbWi`.♦ ~^ f�� ja4•"-- .. _ -- - � c!r tJ. w.. ..... .. :'. •-_ ... ... .. ............. ,--t-- --- --- {i. .at ace vvsoctr RESOLUTION NO._2LI A RESOLUTION APPROVING CERTAIN DREDGING AND SPOILS DISPOSAL FOR THE WEST SHORE LAFAYETTE BAY ASSOCIATION 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 is concerned about the problems created by unregulated dredging in and adjacent to Lake Minnetonka, which problems affect the Lake and all the property adjacent thereto; and WHEREAS, the City Council is concerned that permanent structures and artificial obstructions loLated in wetlands, lakes, drainageways, and on property adjacent thereto may adversely affect the natural resources, open space, drainage patterns and wildlife habitat of the City; and WHEREAS, because of the above noted concerns and for the protection of the health, safety and general welfare of the citizens of Orono, the City Council has established and adopted regulations providing for strict control of dredging in and adjacent to the lake and strict control of filling or alteration of wetlands, marshes, drainageways and land adjacent thereto; and WHEREAS, the Planning Commission and City Council have reviewed at length an application by the West Shore Lafayette Bay Association for certain maintenance dredging of a channel in Lafayette Bay, Lake Minnetonka, and for placement of dredged materials upon lard occupied by the Fresh Water _,iological Institute. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby makes the following findings of fact: 1. The charnel dredging is located in Lafayette Bay, Lake Minnetonka, as shown on Exhibit A attached. 2. The channel dredging is required to maintain riparian access to nine residential properties within the City of Orono. 3. The channel t-o be maintained was previously dredged under proper state permits. Resolution No. Page 2 4. The dredging will only remove silt from within the existing channel and will not affect the hard lake bottom. 5. The dredging will be done according to the conditions of the MNDNR permit No. 78-6325 attached hereto as Exhibit B. 6. The dredge spoils will be deposited on property owned by the Fresh Water Biological Research Foundatim as shown on Exhibit C attached. 7. The Hennepin Soil and Water Conservation District has determined that the disposal site is dry land an:' not wetland or marsh land. 8. The spoils disposal will be a settling basin behind earthen dikes as noted on Exhibit D attached and as regulated by MPCA state disposal system permit (application at-tached as Exhibit E). 9. The effluent from the disposal area will be contained within the large FWBI wetlands and the wetlands water quality will be daily monitored by FWBI staff as a research experiment as noted on Exhibit F attached. AND, BE IT FURTHERMORE RESOLVED, that based upon the above noted findings of fact, the City Council of the City of Orono does hereby grant to the West Shore L.aFayette Bay Association a Conditional Use Permit for dredging and spoils disposal subject to the following conditions: 1. Dike construction shall be subject to a building permit, which permit may be issued by staff upon receipt of permits by the MCWD and MPCA and upon payment of the building permit fee. 2. Dike Construction shall be subject to the approval of the City engineer prior to the start of any dredging. 3. The c,.lvert under Old Beach Road (between the FWBI marsh and Lake Minnetonka) shall be sealed to the satisfaction of the City engineer prior to the start of any dredging. 4. Dredging may not begin until receipt by the City of permits from the MNDNR and MCWD and until at least 24-hour notice be given to the City inspector. Resolution No. Page 3 5. Upon construction of the dike, a sign shall be erected at the applicant's cost on the disposal site, visible from Old Beach Road and at a location acceptable to the City inspector, which sign shall be as follows: Size: nc less than 3' high by 5' long on posts at least 6' high. Material: wood or metal with white painted surface and red, black or blue letters. Legend: West Shore LaFayette Bay Association Fresh Water Biological Institute RESF-LARCH PROJECT (Larger letters) Effects of Dredging & Nutrient Release Permits granted by: Minnesota Dept. of Natural Resources Minnesota Pollution Control Agency Minnehaha Creek Watershed District City of Orono 6. Prior to the start of dredging, the FWBI shall sample the waters of LaFayette Bay and the FWBI marsh for turbidity and for nutrient levels and shall submit a report of same to the City. 7. During the dredging operation, the FWBI shall daily monitor turbidity of LaFayette Bay water and shall submit weekly reports of same to the City. 8. Prior to discharge of marsh water to the ' al:e, the FWBI shall monitor the concentrations of nitrogen, phosphorus and dissolved organic carbon in the FWBI marsh, shall weekly submit reports of same to the City, and shall prohibit discharge of marsh water to LaFayette Bay until concentration levels are equal to or lower than LaFayette Bay levels. 9. After completion of the dredging ,and release of the marsh water to LaFayette Bay, the FWBI shall prepare a comprehensive repo.•t including conclusions gained from the study and shall submit same to the City, the MNDNR and the 1111C.A. 10. If, at any time during the dredging operation, the nutrient levels in the marsh water or outlet to LaFayette Bay rise to a point determined by the City to be detrimental to Lake Minnetonka, the City reserves the right to enforce r stop work order prohibiting further dredging activity until the nutrient Levels are reduced. Resolution No. Page 4 11. Upon completion of the dredging and release or evaporation of impounded waters, the dispisal site shall be recontoured and landscaped, including removal of the dike, sodding, seeding and tree or shrub planting to prevent erosion and to return the area to a natural state, which landscaping shall be at the applt-.ant's cost and for which the applicant shall post with the City a letter of credit for $3,000.00 to ensure performance. 12. The West Shore LaFayette Bay Association and the Fresh water Biological Institute shall review this Resolution and agree to the conditions contained herein prior to this permit being effective, which agreement shall be indicated by execution of this agreement in the spaces provided. AGREED: mq Earl Sween, Chairman J. DirecWest LaFayette Bay Association Fre hPod, ter Biological Institute This Resolution adopted by the City Council of the City of Orono on the day of T.&A.aicx-. i;. YQlA NG06, LA"I W� ATTEST: 100, Walter R. Be n, Clerk Administratnr JIVi&IUfJ OF WATER;n,'OIL ; AND NIIWERAL.S � 1'.ry. ::o. Centennial Office Buildin4 St. Paul, Minnesota, 55101 IN THE MATTER OF THE APPLICATION OF {BEST SHORE LVAYETTE BAY ASSOCIATION for a PERMIT TO CHANGE THE COURSE, CURRENT,OR CROSS SECTION of Laf ayette Bays Lake Minnetonka Hermepin County. 4. PERMIT Punuent to Minnew)m Statutes, Chapter IDS. and on the basis of statements and information contained In the permit application, proem, maps, and plans submitted by the applicant, and other supporting data, all of which are made a pan haveof by reference, PERMISSION IS HEREBY GRANTED to Farl Swppn- Chaki rmnn whose address for the purpose of nclices and other communications pertaining to this permit is 2440 Ol Eeach Road which address is subject to change by written notice from the permittee. Wayzata, M. 55391 To remove silt and earthen materials from Lafayette Bay, Lake Minnetonka to elevatfan 924.5 SLD in the improvement of 26001 of existing channel all as de, cribed on application and plans submitte4 Shoreline channels shall extend not more than 501 vaterward from the NOHWL and approach charnels 5001 and 2001 respectively, shall not be more than 501 in width. PROPERTY DESCRIBED as: part Of Sidle, Sec. 16 and part of NWk , Sec. 21, T.11711, R. 23W for the purpose of n"igat ion improvement. Hennepin COUNTY This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS. GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permittee from any liability or obligation inposed by Monne=.:a Statues, Fttdwat Law or local ord-nonces relating therato and shall remain it force wblrct to all condrttorus end hautaticans now a her"I'tar imoosrd by law. 2 This permit is not as:ignabla orcept with the written consent of the Commissioner of Natural Resources. I The Director of the Divsion e>t Water; Soils end Minerals "I be notified at te112 fires days in edvance of the carTrra:.•nconsnt of the work authorized hereunder► and shell be notified of its completion within free dares theraefter. The notice of permit issued by Use Commissioner shall be kept socirely posted in a conspicuous place at the site of operations. 4. No char sheet be msade, wit?wut written permimon plaviotitdy obtained from the Commissioner of Natural Resouurcm its tfv hydraulic dimansiam copecity or locartion of any Hems of wrork authorized herevider. fa The pennittao shall grant access to the site *I MI reasonable times during and after construcbo n to a nhorired represmtstiww of the Co..-,misaionrvf Natural Resources for inspection of star work authorized heirunder Q. TR:a Perrnit may be terminated by the Comrtrossiorter of Natural Rrsowces, without notice, ct any time he deer It necrosry far the uan3rvitiort of the water reecorce's of the state. or in the interest of public health and welfare, or for vioistion of any of she provisions of this permit. unLm otherwise provided in the SpwW Provisions, SPECIAL PROVISIONS 1. Construction work authorized under this parrot shad be complete- a- or before December 30, 1978 t smitten ragLmW to the commissioner by the Perniottm. stating the reason therefore, an euttention of t:me may be obtained It. The orcavation of soil authorized heroin shall not be epnsumed to MLIUde the removal Of Organic matte► 924.5 S.L. Da —_—_--� tin:en the area fro-n which It organic matte► e removed is terpervious or o sealed by the applicetion of bentcunue after excavaticin III. In all cases where the datng by the permittee of anything outhaizedbyth sp rimit"Itrwolvethetaking,t--.,np.OrdamagngOfanypropertY rights or interests of any other person or persons, or of any publicly mvrwd lands Or impravrrrserits thereon or interests thermal, the p errrittee, before rvocaedasg tharewnth, "It Obtain the written consent of a'1 persons. agencies, or o uthorittm eonca net, end "I acquire all property, eiphta e.id interests nocassery therefor_ IV. This permit Is ptrmrsarrecirtly lsohabit,tyshall beis posed upon a►inc urrvdbytheStateofMinnesotaoral+yofitsoffkvrs.agwstsaamployees. o"wiNly or pia %dty. on acenuv. of The granting hereof or on account of any damage to any Isrsan or property frWittnp from ny aact ororrision of the permvttee or any of its a�g"m anployan, or contractors relating to env, rammor hereunder. This PW"l shall not be construed ere estoppeg or Ismnting any b0al claurr Of rght of action of airy Person olivei, than thtstote agatnst tote persrvttee• ins agents, employees, or connsictors, for env damage or tnjur,, rewuttig from any such act or ornsssron, or as estoppvip of Irmaung any kvii claim or rxgM of action of Ilia stela agawsee the perrrsinee. its agrnu, ernproytes. or contractors lrrr eiotat=on Of Of fa+4ure eo ccrmpfy w"th that proofi rest of the peariv I of tic wimable provrsiom Of low. V NO nrtenial a■cevaad by auMtsletr of the owrnit mar rtiataruat rrom %�of%'- sna ,eacept as specified herein, shoat1 be psecad on any portion of der bad of said watws wltoak Iws harrow. _ , __. .X �Y La i[a.,_-- _._ _ it shah ter. the duty of the g efrns"to to datansine corvocY►y all pertinent e1r olbxins al the eiu W the v, olk for Ito pt,rpoae of "arrplyrg trash the cxmd,s+urea cal tha permsr VI. Any o■»noon of the awfa r' `of rsod .vatws fowl"" thee, ,crk outhty,trf ter this permit ~I bttansa public waters and left OwB a► rat Yreoustrtreted Our Yee by the sw"-. Vl . Receipt Is hereby acknovwtedfle of 5 DOES In psymenI for N(?r cubic yards of sane. Vravat or tack and APPLY cubic yards of n%jck and Wt. it* cuirnated smourd of material to be removed natewne . computed at the rate of ten ants par cubic yard for send artd Vveel and two ants per cubic yard for muck and oft permittes agrees by acceptance of this permit so shown by commencement of work authorized hereunder to pay, by ceetWwd check, bank an postal money order, reads payabts to the State Tressurm and delivered so *he Director, Division of Wat.rs, Soils and Minersis. Departm. rat of Natural Resources, Centennial Off-wo Building, St. Paul, Minnesota 551P' ' -%-j material removed from the bad of public waters in eecAss of Owl so estimated, at the above rate within thrity dogs after completion ear• ► authorized hentunder. 0III. That portion of the charnel in Section 169 T.1179 R.23 will be dredged with a dragline and materials barged off the site and that portion of the channel in Section 21, T.1179 R.23 will be dredged with the use of a hydraulic dredge and pumped to an upland dredge retention site, which has been approved by the City of Orono and the Pollution Cont-..1 Agency and owned by the Freshwater Biological Institute. SEE ADDITIONAL ATTACHED SPECIAL PROVISIONS cct Kinnehaha Creek Watershed Distric.. i C1 tj of Orono t t Z.C.A. t Sea Ransfer, Conservation lffir,, i OeS.C.E., Permits Branch = Hesm. Co. SWD t City of Minnetonka DATED .AT ST. PAUt_. MINNESOTA. THIS /7 DAY OF SPECIAL. PROVISIONS (Only the numbered Special Provisions apply to this permit.) 9 The per ittee shall comply with all rules, regulations, requirements, or standar; of the Minnesota Pollution Control Agency and other applicable federal, state, 01 local agencies. j _ The use of explosives in any of the waters of the state local Stare Conservation Officer is notif; eul thereof at of the time the work is to be done. (M.S., Sec. 101.429 _ Before construction and after completion of the project supply the Regional Hydrologist with photographs of the is proh'--bited unless the{ least 48 hours in advancl Subd. 11). 1 authorized, perTmittee shl project area. Spoil material shall not be placed on the beds of public waters, and, wherever G possible, such material should not be placed anywhere within areas subject to flooding. In the.event spoil must be placed within flood plain areas because ari free frcrn flooding are not readily available, the spoil should be placed parallel to the direction of flood flow and/or spread over a large area so as to minimize, any possible obstruction to the passage of flood waters. 10 Future maintenance of this project shall not exceed the dimensions harein authorl Prior to commencing any maintenance pc•rmittee shall advise the Regional Hydrologi Maintenance excavation shall not be commenced until permittee"s receipt of the Regional Hydrologists approval. 11 This permit does not obv'ate any requirement for federal assent from the U.S. Cori of Engineers, 1210 U.S. Post 07fice and Custom Houses St. Paul, MN. 55101. Pertnittee shall seed a strip of land abutting both sides of the ditch to permaner, grasses and legumes, these strips to meet one of the following standards: A. Each strip shall be at least 40 feet ,ride for the full length of the + excavated ditch and shall not by mowed prior to July 15 in any year; or B. Evch strip shall be at least 25 feet wide for the full length of the ex- cavated ditch, proviued ma; -ring of these narrower strips shall not be don Any organic materials or mud wave that nay be raised o-- pushed up abavc the exist, ing lakebed as a result of grade fill placement shall be removed to the satisfact: of the Department cf Natu_al Resources. 12 Permittee shall not _.fy the Regional Hydrologist at 296-.7523, and Conservation Off, _Bea Rr_nsfer , �- 735-6369 48 hours prior to intent to commence authq 17ed -13 Per-mitter small no'.1. v the Regional Hydrologist immediately upon completion c_` author iced work ,-.o t a final inspection can be cordueted.. _ When worse is perfon-ac: by contract, the penzittee -.hall, prior to commercement of work, notify .he Re pi^:..:1 Hydrologist, in writit4$, the name of the contractor, the address, r'ione :r and p- o j ecr. fort -man for project. (Sec- ~se side for additional provisions, if ary-. ) i4-- Peimittee snail prepare oL require the c.oatraetor to prepare a comprehensive erosion and sediment control plan addressing construction and final grade stabi ` zation to prevent erosion and sedimentation into public waters. Such plan steal; Include but not be limited to bale diking, temporary ponding, temporary and/or permanent sodding, seeding, mulching and netting. Such plan shall be completed prior to coeenience ment of authorized work and submitted to the Regional Mydrolog� for inclusion in permit file. Permittee shall ensure that the contractor has received and thoroughly underst all conditions of this permit. Permittee and contractor are hereby advised that any violation of the conditiond of this permit constitute a misdemeanor, punishable by a fine of $500 and/or 901 days in jail. I 1S All exposed soil resulting from the authorized activity shall, within 48 hours , of completion of such Bork, be seeded with a mixture of perennial and annual j grasses and ther. mulched with straw or similar mulch- The use of sod as erosial protection will preclude the need for seeding and mulcl:iig provided the sod is installed within the alotted time period and is staked on slop s steeper than 4 feet horizontal distance per every 1 foot of vertical rise. 16. This permit is issued under the condition that the applicant comply with the conditions, recomloendations and restrictions required by the City of Orono, the City of Minnetonka, the Minnehaha Creek Watershed District and the Fresh- water 0Togical-Institute. ..w ' ��%'� l.� J!jy�l; I;1 } \+ray �I �< r� '/�► �� • ill I I \• � , � 4 L\ .� • " � J I � qr,., I 11-6 01 If 00, t i %I 1I f 1 11 it , �"r' /. � •+• tr 01 'Op .•,� , ,:��i�; i'l..Wog � may•,\. th � •I •�•• � ! t •„�\• � . , �..\. •ram � % , � HOR PRO P05 17 AREA SN Wt4 jcuo �/ , ..� bit . r I - I I tic..,A.; 20 L PROPOSE. PRO A REAW L: ~E 21 Q r� vy REDUC. BARTON-ASCHMAN AS MINNEAPOLIS-ST. PAUL, 1r 1 The West Lafayette Bay Association and WAWAPAD the h!! lic dredging contractor, hereby provide the information requested b, the Planning Commission. 1. The slurry volume based on eight hours pumping per day at 1500 gal/min 1500 x 60 min. x 8 hours 720,000 gals/day owla I% D 720,000 0 96256 cu. ft. 3565 cu- yds/day Rap t• 7.48 27 3565 cu. yds x 5.5 a 19607 cu. yds/week 2. The dikes will be constructed by pushing up dirt from inside the disposal area with a D-6 Cat to elevation of 940 feet and 942 feet as shown on attached contour section. Seal of dikes insured by compaction of D-6 going up inside of dikes. 3. The Spoil Area will have two berms with a total capacity of approx- imately 70,000 cu. yds. This will provide retention of water and spoils for over 3 weeks. With normal evaporation and absorbtion there may be no discharge from the berms. (3 x 19607 - 58821 cu. yd.) 4. Daily monitoring of dikes and possible water discharge will be done with lab tests three times per week as per MPCA requirements for any possible discharge from bergs. 5. With culvert from wetlands to Lake Minnetonka blocked, the water quality of the wetland will be tested to insure that the nutrients are less than Lake Minnetonka levels before any water discharges from the wetland are allowed to flow into the lake. 6. Dredging will stop if any possibility of overflow ser.=s possible from marsh. 7. Culvert will be partially blocked before dred-irg starts to allow run-off from any rainfall until berms are me. fy!l r_nd then it will be blocked completely. VILLAGE 07 OnONQ . 7(-- -M O jj(? Permit *to: r-ND 050075 • LsUffl50 E�(111 1 T E iu►;151978 PUBLIC 110TICE* /�Esdl• �3 MLLAGE 0® ORONa for the STATE DISPOSAL SYSTEM PERMIT PROGRAM .Minnesota Statutes Chapters 115 and 116 as amended and Agency Regulation WPC 36 Proposed State Disposal System Permit to Construct Wastewater Treatment Facilities Minnesota Pollution Control Agency 1935 West County Road B2 Roseville, Minnesota -5113 Attn: Permits Sectivii rublie Nucice Nu: Public 14otice Issued On.: 80-151 JUN 15 1978 Name and Address of Applicant:. Name and Location of Facility: West Shore Lafayette Bay Association Dredge Spoil Disposal Facility 2440 Old Beach Road on the property of Freshwater Wayzat,. Minnesota 55391 Bioloctical Research Institute in the N is of Section 21, T 117 N. R 23 W in the city of Orono, Hennepin County Facility Description The applicant indicates that the facility consists of: A settling basin with a volume of oy,:r 70,000 cubic yards which will provide 3 weeks detention. The settling ba n dikes will have a 1,6!mum of 2 feet of freeboard with dikes at or above --n elevation of S40 feet. The slope of the dikes will be 2 horizontal to ? .Qrt4,-al . Afte ^ fill isig for ,, period of 9 to 12 days the basin will discharge P )ximately 72^%0,000 gallons per day. The.banin will contain spoils Craa,�-d from 2300 feet of channel and will ultimately hold 13,000 cubic yzi-es of spoils. The wetland which the' disposal system will discharge twill be partially blocked and water quality will be monitored to insure prat nutrient levels are less than that in Lake Minnetonka before any v:a.'ar discharges from the wetland will be allowed. This permit shall requivc monitoring at the outfall from the disposal system (outfall 20100) at el,: ation 937.5 near the intersection of old Beach Road and County Road Ro. 19. U `y d4 ,P 2315 Old Beach Road Wayzata, MN 55391 May 17, 1978 Mr. Earl Sween 2440 Old Beach Road Wayzata, MN 55391 Dear Mr. Sween: I have read over the proposed dredging plan offered by WAWAPADCO and I find that it is much better than the plan offered by Mr. Novak. The retaining of water so that the wetland only has to deal with the nutrients from approximately 15% makes this plan more appealing.. I visualize our role as follows: (a) We can retain the effluent wr-ter f rom the dredge in the Institute wetlands by sealing off the culvert which goes under Old Beach Road. 01 We shall conduct daily determinations of the nitrogen, phosphorus and dissolved organic carbon in the wetland until concentrations are identical to Lafayette Bay water. At this point we shall allow the water to return to Lafayette Bay. (c) Fiske-Subbarow and Micro-Kjeldahl methods will be used for phosphorus and nitrogen determinations respectively. (d) We shall measure turbidity by spectrophotometry. (e) We expect the West Lafayette Bay Association to pay for liming and landscaping the spoils area. (f) The Freshwater Biological Research Foundation has agreed to fund the project up to the level of $5,000. urs sincerely, M. Wood rector, Freshwater i JMW : j bl.oio&ical Institute i To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 18, 1987 Subject: #1203 John Iehmeyer & Rose Madden, 320/350 Crestview Avenue - Subdivision of a Lot Line Rearrangement - Final Resolution Application - Revise boundary between the two properties in question. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action Dated 10/23/87 Exhibit C - Memo & Exhibits of 10/14/87 Discussion - Please review the memo and exhibits of 10/14/87. Mr. Lehmeyer is proposing to acquire a 40' portion of Mrs. Madden's property. The resultant lot line mainta.ns the appropriate side setbacks for both properties. The location of Mrs. Madden's well would preclude the use of the land she is giving up from use as future drainfield. Staff sees no adverse affect on either property or on the neighborhood from this proposed division. Planning Commission, at their October 19th meeting, voted 4-0 to approve this Subdivision of a lot line rearrangement, contingent upon the appropriate combination being executed by Iehmeyer. Staff Recommendation - Staff recommends approval of the metes and bounds subdivision of a lot line rearrangement for John Lehmeyer and Rose Madden per the findings and conditions of the attached resolution. City of ORONO I >_ RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT FOR JOHN LEHMEYER AND ROSE MADDEN APPLICATION NO. 1203 WHEREAS, the City of Oronu is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council ha: considered the application for a subdivision by Rose Madden and John Leimeyer (hereinafter "the applicants") of properties legally described as follows: (John Lehmeyer) Lots 2, 3, & 4, Block 6, "BAYSIDE ADDITION TO LAKE MINNETONKA", Hennepin County, Minnesota; and (Rose Madden) Lots 5, 6, 7, & 6, Block 6, "BAYSIDE ADDITION TO LAKE MINNETONKA", Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the subdividers have completed all requirements of the City for a metes and bounds subdivision for division and combination purposes. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds subdivision of a lot line rearrangement for Rose Madden and John Lehmeyer as shown on a certificate of survey by Phillip A. Nelson dated August 27, 1987, revised October 28, 1987 and attached to this resolution as Exhibit A, subject to the following conditions: 1. Upon approval the subdivision by the City Council of Orono, the owner of Parcel , as described in the certificate of survey referenced above, must apply to the City for legal combination for tax purposes with Parcel B, as descriLed in that same survey. 2. The aforesaid division as shown on the attached certificate of survey shall be filed by the City of Orono with the Hennepin county Recorder's office on or before May 23, 1.988 together with a cc!-tified original copy of this resolution. The approval granted by this Resolution shall Axpire if the division has not been filed by the date specified above. In t`lat event, it will be necessary to file a new application with the City cif Orono for subdivision review. Facie 1 of 2 {: 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. — ---- Adopted by the City Council of Orono this 23rd day of November, 1987. ATTEST: Dorothy M. f,allin, City Clerk James R. Grabek, Mayor 0 — PARCEL A 1 I _ g 8 7-a'Z.; _ F I taacct. e I r.t.r—• a/.. r _. 1 1 ~+'r• •w�. � f yr 1 1 PMCL c ' t ...,�",•••.,.•. ��6'tR0 L�NP 4uttv�YOR4 Rt fir .:1._Ob LL4` JNr trYt�e .I�wt�w. Sol — rf1...Itil.n.r sort -- ft11 N tlr...l Mov— _*wwve&[ Ilene _ e.I•N.. Ir.. wW Sell 1/.~ Mf.ft.n low Ot..NI.. ffD **.oft*/t.a - "No N/...I.� — _ M..t./ .O.1r W .Mr - M.N., vote —oft _r — ton.fN r«I Ntl.t Mn.N. II.Itftot/.e /la. M.N.. b./A/./ 1./0 -+-. "not" 0.006.o1 M�/t e../ I.8t1 /.nH.. w/ o...w MUsw /mettle" �f)f,.ttC L[f:l1L o[157111I..nr Mf. 7. \ •wd /, /I.N s. ItR .A111t1• f\I 1,t.[ 11lt/tlrtta.�', «re.11•s 1•. to..K.. M rl.t 1•..—C. f.•..t1. Qr..wt• sww rod..• . P.J.D. 1 N III -Is to note L-t. 1,s.1 ..d n. 014.11 /. 'Y-soon sooflttlr to uIu A/ttltnnmA'. f...01. at --- A41. fir rt A [.••• 1. 1 ..1 1. /lame •. 'Yt. to[ Y.n IT1.� tf+ 11/[ .Iw[p �.►', /I.t .M.w..l, ft..rl,/w \..wl t. .1 w.r•wf.. ►" rL /1 T\. wr.•11, t/." t.N rf L't S, /1..e1 G. 'YTsto/ UNIT ON fw IJ/[ s l+�[n�a.', .c.o,a+wt 1-. IM ..e...1.a H•t tM..wf, o.w/tw t'_�TL_CI A•l o+t• .t \N s It1•9 0—t..tlt .t IM Irw.• N./s r..t ...1 I.N. /. / •w.• ., •11 b H.. • • 'YIHrt .+MiTb� wt SAPS ... ma^-. r .... a. w. t.. Ir rr...s_t rl•. .M....\. I�++Ftr •....t r. .1....�+.. Yt/ls; Lr..l - M00% O"'s 1..4 mods" ..,—I tt.%" .Ae. f..t vt....e c.r a -fat Prer.941 Pr"ortly Dirist" i kl OPPOSED /++111• t I "'JOHN IEHMEYER . . . ZONING FILE NO. 1203 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/23/87 --------------------------------------------------------- ----------------- TO: John Lehmeyer COPIES TO: Rose Madden 320 Crestview Avenue 350 Crestview Avenue Long Lake, MN 55356 LonC Lake, MN 55356 All -Metro Land Surveyors 2340 Daniels Street Long Lake, MN 55356 ----------------------------------------------------------------------------- TYPE OF APPLICATION: XX Subdivision - Metes and 1,ounds ----------------------------------------------------------------------------- DATE OF MEETING: 10/19/87 VOTE: 4 I -or 0 Against Planning Commission recommends the following: XX Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Your subdivision for a lot line rearrangement will be presented for final approval by Council upon receipt of the following: 1. Provide 3 copies of a certificate of survey per survey dated 8/27/87 by Philip A. Nelson of All -Metro Land Surveyors. On the drawing provide new metes and bounds descriptions for revised Parcels A, B, and C per the attached sketch. Provide signature lines fc_ all property owners with an interest in the subject properties (spouse, etc.., signature lines must be signed), the Mayor, City Clerk and date of final approval. 2. Two copies of survey 1"=200' for City records. 3. The Lelimeyer.s must complete combination forms at the City offices upon final approval of the subdivision. (Parcel A to be combined with Parcel B. ) ALL FINAL SUBMITTALS must be submitted to this office 10 days before the meeting at which council will grant final subdivision approval. The Counci 1 meets on the 2nd and 4th Mondays of the month. Regular meetings are rescheduled Lf they conflict with a national holiday. Anpl irint's next scheduled meeting is dependent upon receipt of addi,_i,,naL ii,+ormation. Deadline for the November 9th meeting is October 30th or 19th for the November 23rd, 1987 meeting. 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. 12 5.25 Plat M ✓ e+C. 0� 0 :O S 00 � 90 WAO ,i,, ' ;n r � V N j B� iu d► I ve 206, r' SPLIT,\^' n SENTRY ..� 011 `400S E, \4 14orth Ntic of tot 5 N N s tV M L, South I;ne of the north 40 % To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael j'. Gaffron, Asst Planning & Zoning Adminis�rator Date: October 14, 1987 Subject: #1203 John Lehmeyer & Rose Madden, 320/350 Crestview Avenue - Subdivision of a Lot Line Rearrangement - Public Hearing Application - Revise boundary between the two properties in question. List of Exhibits Exhibit A - Application Exhibit B - P - `' tp Exhibit C - P. y Owners List Exhibit D - S_ Including Staff Notations Pertinent Facts - 1. Mr. Lehmeyer is proposing to acquire a 40 foot portion of. Mrs. Madden's property, thereby slightly increasing the size of his lot and slightly decreasing her lot size as follows: Lehmeyer: Madden: Existing = 0.43 acre Existing = 0.56 acre Proposed - Add 0.12 acre Proposed = Less 0.12 acre Final = .55 acre Final = 0.44 acre 2. The locacion of wells on the subject properties would eliminate potential septic system use of the 40' strip, therefore neither property will gain or benefit potential future septic system expansion area. Note also that these properties are within the Stubbs Bay Stwer Study Area and if that project was to come to fruition, both properties would be served with municipal sanitary sewer. 3. The proposed dividing line gives the Madden existing garage an 11.0' side setback, meeting the 10' minimum side setback requirement for that structure. Staff would note that if that existing garage were to be replaced with a 2-stall garage at some time in the futy-e, the location of the dividing line would suggest that it would either a to be attached to the existing house or perhaps moved further to the re,-- on the property in order to meet the 10' side, 10' rear, and 10' structurt.-to-structure set- backs. In that respect, this division does somewhat limit the futu development potential for the Madden property. 4. Regarding setbacks f or principal structures on :ch property: on the Madden property the existing house will now be 1, ed approximately 33' from the new lot )in , still meeting the 30' side yard s-tback requirement; the Lehmepor house will now be 55.5' from the Fide property line thereby becoming more cont'-)rming since it previously h-d only a 16' side setback. Zoning File #1203 October 14, 1987 Page 2 of 2 5. The proposed subdivision would appear to not have any effect on neighboring propel- ;es. Staff Recommendation - Given that the sale of. the 40' strip of Madden's property to Lehmeyer would leave Madden's lot no smaller than Lehmeyer's lot was originally, the proposed lot line rearrangement would not increase the actual or visual density of development within the neighborhood. Given also that the proposed division will not affect the potential septic sites for either property, staff recommends approval of this metes and bounds subdivision of a lot line rearrangement, subject to submittal of a final survey for Council review that describes the parcel to be exchanged as a separate legal description per the attached sketch. At the complct_on of the subdivision, Lehmeyer would be required to legally combine Parcels A & B. Date Rec' d _ {' t >R y / 9' CITY OF ORONO .,.. - • . '�, ,:. � �: __•f'.9 Fee Rec' d SUBDIVISION APPLICATION FORM ------------------ -------------------•------------------------------------ AMWCAW NaM _1 _ ,1 ��; Telephone Mailing hddress PSOVEM Nam - ' Tolepbos e Mailing Address `:;P6 r `` " ( Attach list if more than one) � 0 n - fi t: r M n S� 35. o -------------------------------------------------------------------------- PROPERTY LOCATION Street Address Proparty Identification No. (P. I . D.) Completu- Legal Description to be attached to application -------------------------------------------------------------------------- EXISTING LAND USE Number of Tax P:.rcels Development Size Acres Dry Land Acres Wet Land Acc��re��..s Total, all parcels Present Use (check) Re den al; no. of units bt.h.Q.r � s pe c if y) Present Zoning District L- ', :.: -`:LE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i:T PROPOSAL Division for Tax Purposes ; , E h r� 2!;0.00 7-.." YOU Lot Line Rearrangement Only (no new be.iildinqs�tes:�-,�H Subdivision for New Building Sites Number of Building Sites:_ Existing Units New Units Total Units Proposed Gross Density C- Units per _L Acres Mini -mum Lot Size: Square Feet Drl Buildable Land -......... Proposed Use: (check) (Residential Other (specify) -------------------------------------------------------------------------- (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2 Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) G.) Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date --------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- FEES Ske'ch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivisions) Preliminary Review (Class III and all non-residential) $150.00 $250.00 $300.00 plus 20.00/lot Final Plat Review (Class III) $150.00* *(Plus any lega4 or engineering charges) ---------------------- ---------------------------------------------------- Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. ---------------------------------------•--------------- ------------------ Applicant's Signature Date 1 1 Owner's Signature /( �+ =� � i i' %': c �i_ ;;t� u Date Applicant must have all submittals into the City officeq 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. F / ^., rr ► •C' _ �iJ� _ •8� ` _f-�i 'S — .,,. r�tT.`�' / 1y• r � / c7t j i i2; jf 02 13 20 4?46 row ++ 2 \.�' e''�i�• !. a M� � . ^�.. _ �� -: ''"'�- e 011, DE 15 YKA It I Wx w i lY r ~ - :a•a� ♦ '" i tea+ w 1 0 I '_ _,;..3�Je! _. *' •' L..� .. ..:1�•..�,'�;..,.�.,, r. 'W ��t nu v�r a�ae,��-a. u' �- , � '7R ��' ~are 17 ..; `,a zd � � : J� t•-. Vt- M e � �;- e fo ADO. o ' 240 480 F / ^., rr ► •C' _ �iJ� _ •8� ` _f-�i 'S — .,,. r�tT.`�' / 1y• r � / c7t j i i2; jf 02 13 20 4?46 row ++ 2 \.�' e''�i�• !. a M� � . ^�.. _ �� -: ''"'�- e 011, DE 15 YKA It I Wx w i lY r ~ - :a•a� ♦ '" i tea+ w 1 0 I '_ _,;..3�Je! _. *' •' L..� .. ..:1�•..�,'�;..,.�.,, r. 'W ��t nu v�r a�ae,��-a. u' �- , � '7R ��' ~are 17 ..; `,a zd � � : J� t•-. Vt- M e � �;- e fo ADO. o ' 240 480 RUIN DATE 08/26/87 DkTCH 004 38 OS-117-23 13 0028 PROP l0^R 00295 TOt%(A AVE C:7'1ER NAME H A R SCt;tiITZ TAXPAYER HENRY A RC',-.IE SCHMITZ N:',tIE/ADOa 21J5 TCYKA AVF LONG L7.KE MN 55356 38 -117-23 13 0046 PROP ADDR C�ZNER NAME 0 A MOt„,E A N A MONOE TAXPAYER DEAN A A HANCY A rC';:;,E WILME/ADDR 3444 E LAKE ST S LC: G LAKE YJl 55356 38 05-117-23 I4 0008 PROP ADDR 03310 BAYSIDE FO C'N[R NAME J W WOJCIK A K L W"JJCIK TA 'PAYER JOHN W k'OJCIK i KIT L WOJCIK t:At'E/ADDR 3310 VAYSIDE RD LAKE LANE MH 55356 38 05-117-23 14 0011 PROP ADOR C:91ER NAME DOUGLAS L NASH ET AL TAXPAYER DOUGLAS A SHIRLEY NASH NAME/ADDR 270 CRESTVIEW AVE LONG LAKE MH 5S356 38 05-117-23 14 0020 PROP ADDR 00245 CRESTVIEW AVE C,11ER NAME OD1S RITCHIE TAXPAYER COIS RITCHIE NAME/ADDR 245 CRESTVIEW LONG LAKE MH 55356 ' 38 05-117-23 14 0023 PROP ADDR 00275 CRESTVIEW AVE O'?2F.R NAME HAROLD R HANSOM ETAL TA:,:PAYER HAROLD R HAttSOtl I" NAME/ADDR 275 CRESTVIEW AVE LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 13 0029 ESTHER M ADDISON ESTHER M ADDISON 3382 BAYSIDE RD LC1:G LAKE MH 55356 33 05-117-23 14 0004 M A C TAYLOR II CRAIG K ANDERSON 1565 MONO OAKS OR LOt* LAKE MH 55356 ?8 05-117-23 I4 000•) 00270 CRESTVIEW AVE DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LONG LAKE M4 55356 38 05-117-23 14 0017 DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LCt1G LAKE MN 55356 38 05-1I7-23 14 0021 00255 CRESTVIEW AVE JOYCE P SCUTOR OTTEN JOYCE SOUTOP 255 CRESTVIEW AVE LCt1G LAKE MH 55356 33 05-117-23 14 0024 00205 CRESTVIEW AVE RUSSELL ANDERSOtt FUSSELL ANOERSCN 285 CRESTVIEW AVE LONG LAKE MN 55356 REPORT NO. PI435431 PAGE 11 33 05-117-23 13 0030 03400 BAYSIDE RD BOBBY J MEYERS ETAL D J MEYERS 3400 BAYSIDE RD LONG LAKE MN 55356 33 05-117-23 14 0005 03280 BAYSIDE RD CECAGE 0 JLrXISH A WIFE CECRGE D JUKISH 3280 BAYSIDE ROAD LCKG LAKE MN 55356 33 05-117-23 14 0010 DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LOtw LAKE trl 55356 38 05-117-23 14 0018 00290 CRESTVIEW AVE D S 0 YCUNG PATTY L CLAPP 293 CRESTVIEW AVE LCNG LAKE M:l 55356 30 05-117-23 14 0022 00265 CRESTVIEW AVE JOHN E WINTER JOHN E WINTER 265 CRESTVIEW AVE 03CRO MT 55356 33 05-117-23 14 0025 00205 CRESTVIEW AVE RUSSELL ANDERSON RUS^ELL A:0ER5CN 285 CRESTVIEW AVE LONG LAKE t01 55356 PUN DATE 03/26/87 BATCH Ou4 38 05-117-23 14 0051 FROP ADDR 00320 CRESTVIEW AVE CWNER t:'"E JOHN F LEHMEYER TA PAYER JCH!l F LEHMEYER. t:'ME/ADDR 320 CRESTVIEW AV LONG LAKE MN 55356 �+ 33 05-117-23 14 0054 FP0P ADIP 03401 EASTLAKE ST r'.^:ER NAME HAPPY W r7 ELL ET AL Tt'•T'AYEP IDA E BEFLL ' K:.`t_!A^DR 2609 DUPONT AVE S MPLS NA 55403 38 05-117-23 41 0^^2 PROP ADDR 03405 OXFCPD PD 0'-«=ER NAME A H VUR'iON JR A G L BUPTON TAXPAYER A H BURTON JR & G L GURTON NAME/ADDR 405 CYFC^D ROAD LCt;.> LAKE MN 55356 r.. • HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OIERS LIST 38 05-117-23 14 0052 03390 BAYSIDE RD ROBT W t BARBARA HUBER ET AL ROBERT i BARBARA HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 13 38 05-117-23 14 0053 03403 EASTLAKE ST B 3 L PETERSEN BRIAN PETERSEN 3403 E LAKE ST ORO1'O M l 55356 38 05-117-23 14 0055 38 05-117-23 41 0016 OOL40 CRESTVIEW AVE 00403 OYFORO RD RICHARD P 9 LUCILLE H MELBY R E G KELLY PICHARD P 9 LUCILLE H MELBY RICHARD L S GAY C KELLY 240 CRESTVIEW AVE 400 OXFORD RD LONG LAKE M'J 55356 CF.0::O tlN 55356 38 05-117-23 41 0023 C0425 O'-'FC^D PD - R L KELLY E G C KELLY RICHARD L d GAY C KELLY TOTAL BATCH 004 00044 400 OXFORD RO LCt.G LAKE MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE Ah'D TRUE REPRESENTATION OF INFORt1ATI0N AS IT APPEARS THIS DATE ON E RECORDS OF THE HEtN:EPIN COUNTY DEPARTMENT OF PROP Y TAXATION. THE BEST OF MY KNOWLEDGE ALAI BELIEF DATJ�� BY C S RL"i DATE 05/26/87 BATCH 004 38 05-117-23 14 0026 }R` PROP AODR 00280 TO' A AVE C:.?irR NAME D S 0 QtP:EIL TA}PAYER DEAD R A DCPIEAM 0 QUNELL NAME/ADDR 280 TOtV A AVE LONG LAKE MN 55356 �^ 38 05-117-23 14 0030 PROP ADDR 00315 CRESTVIEW AVE C:."iER NAtTE JCEN L SHkKNON ET AL TA'�PAYEl SHAIR:ON/VAN".-:IVELL t!AME/ACDR 315 CRESTVIEW AVE a'ONO HN 55356 33 OS-117-23 14 0334 rPCP ACDR Oi-7:EP N'iME ESTHER M ADDISON A TAXPAYER r'P'S A L AODISCN VINE/ADDR 3382 BAYSIDE RD LOt:3 LA:<E i'2i 55356 38 05-117-23 14 0037 PROP AODR i' C' "V R HAt'E ESTHER M ADDISON TAXPAYER PAS A L ADDISON NAME/AODP 3382 DAYSTOE RO LOCS LAKE MN 55356 39 05-117-23 14 C041 PR4^ ADCR 00320 TONV A AVE C.".tER NAME L L AMMEPSON A ;, A ANUERSON TAXPAYER IEWI:, L A SUSAN A AI07ERSON NANE/ACDR 5000 NORTH ARM DR MOUND MN 55364 38 05-117-23 14 0046 I'POP ADCR 00150 CRESTVIEW AVE ('s:ER NAME NOtE M MADDEN TAXPAYER ROSE M MADDEN NAME/AOOR 350 CRESTVIEW AV LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0:4:ERS LIST 38 05-117-23 14 0027 D A D QUl:E L L DEAN R A D:)IEANN D QUNELL 280 TONKA AVE LONG LAKE MN 55356 38 05-117-23 14 0031 00325 CRESTVIEW AVE WILLIAM L SULLIVAN WTLLIAM L SULLIVAN 325 CRESTVIEW LANE LONG LAKE. MN 55356 38 05-117-23 14 0035 03382 DAYSIDE RD A L :.DDISON ETAL M.S A L ADDISON 3382 EAYSIDE RD LONG LAKE MN 55356 33 05-117-.^.3 14 0039 00340 TC::F A AV7 KEhNETH t' VOIAAJFht PPAD D PETEPSON 340 TONKA AVE OPONO MN 55351, 05-117-23 14 004^ 00300 10liK:A AVE Jdi1T S L PATRIN JAHES L PATRIN 73 W GEORGE ST PAUL MN 55107 38 05-I17-23 14 0047 03332 BAYSIDE RD IN!O RESEARCH ASGOC INC INFO RESEARCH ASSOC INC PO 8152 ROSEVILLE Mi 55113 REPORT NO. PI435401 PAGE 12 38 05-117-23 14 0028 00250 TW,'Y.A AVE GERALD L DRIGGS GERALD L BRIGGS 250 TONKA AV LONG LAKE MN 55356 38 05-117-23 14 0033 C,ERT L ADDISON ETAL MPS A L ADDISON 3332 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 1't 0036 EST11EP M ADDISON M.73 A L AODI�ON 3382 BAYSIDE RD LONNG LAKE M1 55356 38 05-117-23 14 0040 00330 T0:VA AVE L L Ai11ERSON E S A A1I)ERSON LEWIS L A SUSAhi A ANDERSOfl 5000 NORTH ARM OR MOUND t0i 55364 33 05-117-23 14 0043 00300 CRESTVIEW AVE STEVrH R BEYER STEVIN R BEYER 300 CRESTVIEW AVE S CROI:O Mi 55356 38 05-117-23 14 0048 03349 DAYSIDE RD HARRIET HEHL HARRIET A HEHL 3340 DAYSIDE RD ROUTE 1 LO::G LAKE MN 55356 r Gwas R1tuminotiS lye u ! Ott -- - 24 I O cr- SPLIT, ^� Q ENTRV I O 0%\" HOUSE ! i 1 _ I I 51.E ---- i a I N tit \ n1 o Ni a` ?_ — 125.32• — �So�t+, i;ne o4 the nor h 40 feet '•I Proposed division line, 1Fog* 0 '1 I•� _ `125, j ' 1 Ile of tAe (,orih 4i 4et Proposed division lint o -- --- - 0ID i Stfumonoas drive -� •GARAZE; !1.'f `c 1 0 0 S 1 .4 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, AGst. Pia:t:!ng & Zoning Administrator Date: November 17, 1987 Subject: 41209 Mar'; & Tina White, 2150 Prospect Avenue - Variance - Resolution Zoning District - RR-lB, 2 acre Application - Side setback variance to construct a solarium. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Planning Commission Action Notice Dated 11/17/87 Exhibit C - Memo & Exhibits of 11/5/87 Pertinent Pacts - Side Setback: Required = 30' Existing = 12.4' Proposed = 8.4' Discussion - Applicants propose to remove an existi,g porch area of their home an replace it with a slightly larger solarium. Please review the memo and exhibits of 11/5/87 and 10/1',4/87. At their November lbth meeting, Planning Commission recommended approval on a vote of 5-0, finding no other suitable location that would not need a variance, and finding that it would be an improvement to the property to replace the porch that is in disrepair. Staff Recommendation - Staff recommends approval per the Planning Commission recommendation per the attached resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIF ZONING CODE, SECTION 10.28, SUBDIVISION 5 (B) FILE #1209 WHEREAS, Mark & Tina White (hereinafter "the apF,licants") are the owners of the property located at 2150 Prospect Avenue within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has .replied to the City for a variance to Municipal Zoning Code Section 10.281 Subdivision 5 (B) to permit the construction of a solar -&um addition located 8.4' from the site lot line where a 30' side setback is normally required. NOW, THEREFORE, BE IT RESOLVED by *hc, City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1209. 2. The property is located in the RR-lB Since � Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended approval of the propc-ed variance based upon the following findings: A) Based on the layout of the exi- -7 house and the location of the house, there is no other sui location that would not require a variance. B) :he existing porch to be r2 is in disrepair and construction of this solarium in its will be a significant improvement to the property. C) The 8.4' setback on just the main level will not significantly encroach on light, air or -)pen space in the neighborhood. 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. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that the conditions existing on this property are peculiar ;.o 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 applicants, but is necessary to alleviate a demon- strable ;,ardship 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 --(I- and Comprehens e Plan of the City. CONCLUSIONS, ")ITIONS Based upon one or more -3s noted above, the Orono City Council hereby grants a vrr. cipal Zoning Code Section 10.28, Subdivision 5 (B) to permit L. action of a solarium to be located 8.4' from the side lot line: wh,- - a 30' side setback is norimally required, subject to the following conditions: 1. This variance approves only the construction of the first story -'Zss solarium as proposed. Any changes in plans may require further view by the City Council. 2. Authorities granted with this resolution ran with the property not with the applicants, but are permissive only and must be exercised by application f, a building permit within o..e year of the date of Council approval, or this variance will expire on that date (November 23, 1988). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall consti--te a violation of the zoning code, shall automatically termina my authority granted herein, and shall be punishable as a iisdemen..or. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain o' title of the property. ited by the Orono City Council on this 23rd day of November, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 2 of 3 feet t1e West 420 feet u` ",,it part of the Northeast quarter of the Southwest quarter of Secti.)n 1k., Township 117 Nort,n, Pange t3 m-n-ot the 5th Principal Meridian, described a; follows: Beginning at a noin•. on the west tine of said Northeast quarter of the Southwest quarter dist,,r:t 515.625 feet north of ..e � a Southwest corner of _aid Northeast quarter of the Southwest quarter; the -e North 188.3 feet; thence Eas" n x 192.5 feet; thence Scut` 66 feet; thence East 18.5 feet; thence Sc h 57 } feet; thence Ear* 2 feet; thence �» J � ',outh 65 feet- thence We_Z 513 -:eet to the po;nt of beginninq, a , in Hennepin rount%, . Minnesota. .= ny Z Z O TO: Planning Commission Chairman Kelley Planning Commission Members City P'ministrator Bernhardson FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: November 5, 1987 SUBJECT: #1200 Mark & Tina White, 21°^ Prospect Ave. - - Var. Second Re!riew This item tabled at your ;ctober meeting, pending receipt of additional information. LIST OF EXHIBITS: A - House Layout: B - Structur; Des-0 Plan C - Planning Commission Action Nctice 10-20-87 D - Memo and Exhibits of 10-31-87 DISCUSSION: Applicant has provided a design plan showing elevations of the proposed solarium, and has submitted a diagram of the room layout of the existing house. The solarium is intender, to replace the existing porch next to the ki :hen and dini,ig rc. STAFF RECOWMDATION (Same as per 10 i-87 memo) lei, Ail s t' ' ,. o J 13 M L#J v kOMA Ref CA LASHING (TO 10ST STRUCTURE) 711 i RiIR LN:T tL IK .X7LATELY FLAgCD In TTt FCJI:CWTW. ARW: 1. l:Li TD T1E "-V- ATIO+ UPCN ►H:Gi IT SITS POST M M WALL OP THE t057 STZJCTLRE ). Itlam EEA- TO M WLL Of TtE LOST 5TRLXT1RE TO AGL�Wt>:�.e FJ,Sr. 'ICS: AREAS CAN IMSJLT IN LIAKAGE AMICIR DUST OP `1 CN-1 y . fCp&IYICM ARs en VAII'AL'-E - ►Z SINGLE al Of RIASMIN[ DETAILSWILLAPPLI I'L CAMS. CC,�&A, TGIF It6T#.j:Fj ". APPROPRIATE FLA$Mftl. AAR4GEKNTS. ,rr&--a-9 AJ/r mop= ie -0 � Nw-f s � '•f GLAZING SYSTF„ IS A DRY SEAL SYSTEM. REQUIRING THE VSE CF SEALAST. ,rHrrE ALU !NUM COPS DIRE-7LY IN CONTACT WI:'.ALLMINJl4, A SEALANT MUST 8E tnED (E.G., MERE "TINS MAKE CONTACT M.TH THE CILAZING BPS). DO BE%,;� IN MIND THAT WITHOUT EVERYTHING BEING PERfFt`W LEAKAGE CAN CCCj, AHO MANY PEOPLE PREFER i0 LSE SEALM?5 LOtUE2 WEDGING TO ETbURE THIS CA.-QT rVPPEN. I It''ALL 'V CPV48AL AS 5,0 T. C7: THE :SAE. i..iJ� I"' =. SINGLE C-:-.ZING JUST WHERE INDICATED WJ-R THE CXJ-SiOE %-T?+ DOVELE GLAZING ALSO INSTALL WHERE ItDIU-TED ON THE 1 NSIDC OF THE EXTRUSION. N.8-) IF .L%LOUS IES ARE TO BE F I TTCD, THESE ANC THE GLASS BELOW IVST BE F' TTED BEFOP.E GLAZING TH£ !%!N AREA 2. COMPLETE ONE E:.Y AT A TI!E: START BY MSE.TING AT: IS* SIDE GLASS INTO ONE ETD BAY (SEE CIALAN, :5). S. VZXT INSERT ROOF w ICH NEEDS ASSISTVICE Cy SLIOINr, IT LP O: THE GLAZIIG BARS STA'D Of: STEP LADOER IN TYE NExT BAY AND INSERT GLASS III SANS WAY AS SHOt: ON THE PREVIOUS PAGE. USING PRE-CUT SKQT %KDF- c :EEVRE GLASS IN PLACE SC I I RIGml UP AND Cl4ER THE .11 DGE. A.. TAKE 'WO mr-r NS AND 11JSTALL Tip-'. dI BG ; M SHEETS OF GLASS SO THE STEFPEO SECTIrSv IS TO TIE ACP.YLIC S-CET. N.B. WHEt. G-AZING THE VC THIS IS P_IVERS`_D. S. INSERT THE ACRYLIC ON TOP OF THE SIDE PAI—', AD SL:DE LP AROtID THE CURVE SO IT LOCATES 1N THE STEP ON THE MILT I N 07 THE S I GE CLASS ACC FOX iN PLACE WITH SMCA r WEDGES. (SEE DETAILS SA- L SS):` 6. LOWER Tr[ RJC1r GLASS Tf% LrrATE iN A SIMILAR WAY AM WEDGE TEMIIJAAF: Y. :1.8 - tpTr BELOW /\ fl . A CE SERE HOT TO EUT'T Ti-E ACRYLIC COMPLETELY K- WEEN BOTH. MLNYINS. LEAVE APPROXIMATELY 1/8" GAP BET1M N Z COOT GLASS T.- ACAYLIC ;H►JE PA.T1NS 0 ALLOW FUR ACRYLIC EXPANSION. 1 EUT N07 THE OTHER, THE 'S-"' SHr'�LO F=:.E TC. Tl< Ar2- _ -• 'rIV STt:'-:.:,' DAMCL TOWARDS TH.F GLASS. ..AR141•<. DO NOT USE ANY MINERAL OR PFTRJaj. SASE^ rPr�zV T IN OR:^IER To CLE/V+ THE ACRYLIC. 00 NOT L'SE ANY -/ IWASIVE MATERIALS ON THE ACRYLIC SUCH AS CLEANSER. DO ��. • •nT .nE Al.- A","41A BASED CLEANING PRODUCTS CFI THE I ACRYLIC. US_ O y MILD DISH SOAP JOY D!SM WASHING • " .IQUID HLLi BEEN FWX) TO BE COMPATIBLEWITHTMF ArRY._! FoR C:LEA:.ING. y ^ -010 - MO i -YEYPORQii1' ►Y'_D6TE r2 L 0 ZONING FILE NO. 1209 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/20/87 ----------------------------------•------------------------------------------ TO: Marx & Tina White COPIES TO: Box 52 Crystal Bay, MN 55323 TYPE OF APPLICATION: XX Variance ------------------------------------------------------- DATE OF MIMING: 10/19/87 VOTE: 6 For 0 Agair.i t Planning Commission recommends the following: XX Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Applicant to provide: 1. Elevation views of st-racture (received 10/20/87); 2. Interior layout of hoLse-main floor (a scale drawing showing all main floor rooms should be submitted). A short paragraph explaining why this is the only appropriate location for the sun porch would be helpful. ',pplicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the November 16th meeting is November 6th, 1987. .1f the applicant has trouble obtaining additional information, please contact -le Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Please contact Public Works Director John Gerhardson ( 73-7357; to discuss your driveway access to Crystal Avenue. MINUTES OF THE PLANNING COMMISSIOW MEETING HELD OCTOBER 19, 1987 11208 MICHAEL SAYI.ER 1990 SPATES AVENUE VARIANCE PUBLIC HEARING 8:44-8:45 The Affidavit of Publication and Certificate of Mailing were noted. Michael Sayler was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a side setback variance to construct a 41x 6' entryway porch on the front of the applicant's residence. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Johnson, seconded by Cohen, to recommend approval per staff recommendation. Motion, Ayes 6, 0. #1209 TINA WHITE. 2150 PROSPECT AV.9NUE VARIANCE PUBLIC HEAP 8:46-8:52 The Affidavit of Publication and Certificate of Flailing were noted. Assistant Zoning Administrator Gaffron explained the request fr)r side setback variance to construct a sunroom 8.4' from the side lot line. Tina White was present for *his matter and explained that she is requesting to replace an existing dilapidated porch with no footings with a purchased Pella glass sunroom. The existing porch is 12.4' from the side lot line, and the sunroom happens to Ise larger requiring the additional variance. She stated that the hardship involves not being able to move the house and the need to replace the porch which is also the main entrance to the house. She noted that they plan to do the work next spring. There were comments from the public regarding this matter and t►.. public hearing was closed. Bellows felt additional information regarding the existing interior design and layout of house and proposed addition was necessary to make a recommendation. It was moved by Hanson, seconded by Bellows, to table this aprlication pending additional information. Motion, Aj--s 6, Nays 0. l O To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 13, 1987 Subject: #1209 Mark & Tina White, 2150 Prospe^t Avenue - Variance - Public Hearing Application - Side setback va;;..nce to-onbtruct a sunroom/r)orch. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Diagram of Structure Locations in Immediate Neighborhood Pertinent Facts - Side Setback: Required = -)0' Existing = 12.4' Proposed = 8.4' Zoning District - RR-lB, 2-a - This property is served by sanitary sewer. Discussion - The applicants are proposing to construct a solarium addition 4'xl8.4' along the east side of the house. The neighboring residence to the east is approximately 20' from the lot line so this will not create a dense visual condition within the neighborhood. The proposed addition does not conflict with any existing utilities. The well is to the northeast corner of " ,e house; septic system was to the rear. Applicants have not discussed the proposed sunroom must go on that side of the house, although, it would be relatively inappropriate to have a sunroom on the north side of the house and it would be shielded from the sun by an existing garage on the west side of the house. It would require a variance to be located on either the east or south walls of the house. The proposed sunroom is approximately 8' in height and would not tend to diminish light, air or open sF�%re in the neighborhood. This addition would require a side setback variance in any of the zoning districts within Orono. The minimum side setback in even the least res crict i ve zones in Orono is In' for principal structures. Staff Recommendation - Staff recommends approval subject to applicants providing sufficient justification that a hardship exists and that this is the only feasible location for the proposed structure. Staff would; note that the neighboring property owners have been notified and as of this writing have riot responded with any comments. X - .... Receipt Initials _ CITY OF ORONO - VARIANCE APPLICATION ExN :.A tial Application Fee $150.00 ($50.00 per each additional variance) Renewal "ariance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address ZI C0 Pr-osp-eL+- Ave. Property Identification Number (P.I.D.) 10 11? 13 11 M1'I Please check one - Is the property X— abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------•------------------------------------------- APPLICANT Phone (home),.,L �-, t t W! T -c -C-C irC Name T n�—wlkik-_ Phone (work) V =8�. -r` ,+ , nn MV Address: ^S� City: CS-k- :Si_ Zibix3Zk 1...`t.�V. VV ----------------------------------------------------- --------Yr ��r-.►.�}i.� 'V� OiiNER (if different than applicant) Phone 0, :1 AVI 703:57 $I Name Phone (work) Address: City: Date Property Acquired Zip: (month year) I (do) (do not) also own the adjacent pp.icels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property rrP.esidential Other (snecifyi DESCRIPTION OF REQUEST Estimated Construction- - Cost $ 6W Describe request in detail: ybdipm-e p+F &0-��� �r Sidte W&*d Sd --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Iiardcover Setback Variances (_ Frunt X Side _ Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting enforcement of zoning regulations:H,06C pwh&L --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: qe V f (OS! .6=j- (c4- --------------------------------------------------------------------------- REQUIRED SUBMITTALS `+ J. 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 (010) pre -addressed to each of the names on -he above list with no return address. 4. Certificate of survey including har(;cover 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 tha above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date 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. j Applicant's Signature '�;� IA) Date Ir— for OMUE+io SIGNATURE The owner hereby ackowledges and agrees to this application and fu.. 1• !r authorizes reasonable 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 _,,,!A6Ca;1'K_s�� Date _ 0 -------------------------------------------------------------------------------- Applicant must have a.i submittals a^*o the City off' -es 25 days before the Planning Commission Meeting. Planning Commission ME ings are held on the third Monday of each month. Applicants must be pronent at all scheduled review meetings of the Planning Commission and Council, and, if ,n applicant is unable to attend a scheduled meeting, t- please make arrange- ments to have an authorized iigent attend in your place and to advise the Baildiny i Zoning Gffice of this change prior to the meeting. s y C C T CIR (5) 6 0 L e <sZ,o v 1w] Is v. !n ti 14 M L S q • 40 fl rNoaTe,' N '�%KT S TA t to ON 4 MtNn�St�; K� 3c �4'77 MINNET _ ONKA -AVE GQ oi cr ,• 4 44 MTKN:4 Q R4. Ge ' / 4 S A;L � jo PRO ECY -fly 'AYF •, / .•S � �• C. 3 , } 2JK �► �ai.1 3 / y t r 6l 5 O l�f' 32% mil. w2 OF .01?0 fit - J s Z' r' •. .. .tea.. � • v o' I MJH DATE 09/1"7 BATCH CC# 38 10- -23 31 0:.13 f PPSP A7OR 02140 '+SPECT AVE C.'::R tME 6 F BERGMiST ETAL TA' -PAVER GODFREY F BERGWIST N:.i't /ADC7 FOX 175 CRYSTAL RAY MN 55"23 f 38 10-117-23 31 0016 WOP AMR 021SO PRCSPCCT AVE C''i2 KAM IRUIE 6 VMYTCKE TA.r.PAYER Kt: K A a TINA M MATE PAM/A," PPOSPEFT AVE C AL BA MM S5323 3" 10-117-23 31 0019 rprw A!._ 02160 FROSPECT AVE C'. _-q NA". FPEOERICK W CM IS T/ "'AYE2 FEED'-PICY, W CLMTIS K%M,'ADUO "--1@0 PPOS3ECT AVE W YZATA ". 55391 30 IC 117-23 31 CUS T'Pt;P VIM 0129t AMOP ST -44' t KAM ARLENE 1. HOPPE *ixrATER ARUK L HOPTE ► kM/ACOP It" .iLDOR ST CR13T.,L BAY .N 55t3 38 0-1!--23 11 VW4 '- AOGA It9. BPI" ST t%"p fv% ALFXAJ.. 's J JEIYTILUCCI VA.L U141A %Lf fM*-a • 'MNIE .JEf.'.It.-M f" 7 121.1 AK 6T OPG-.# M SS323 I OM1 TA T,TTA. OATCN "IS M 11F10 .m COkki. , f• OPERTY :NFORttATl M SYSTEM PRE)VE07? M'NEPS LI:;T 7YSTAL A U ; T UAL L � 5 L EAY MN 5537 3< -11' OM r- PATR..- M PATRICIA ID 2160 T'FOSi CRYSTAL BAY 55323 38 10-117-23 31 0028 01290 AJMrR ST STEVEN R BEN'O11 ET AL STEVEN R BENMH AND JILL T DAM ELS-BENSON 1290 ARCGR ST OROt10 MN 55.i23 38 10-117-23 31 0035 0C160 CP'ST"L AVE M a J BLUF 10' RC!JS J a JIM Y A P L L'T BOX 62 CRYSTAL PAY M1 �r>325 30 10-117-23 71 00vol 01333 ARM S' E 6ARCIA ETAL BARMPA GARCIA COX 114 CRYSTAL BAY M 55323 REPORT NO. PI435401 PAGE 9 30 10-117-23 31 0015 ARLENE L HOPPE ARLENE HOF: 1295 ARCO ST CRYSTAL BAY ITI t5323 38 16-117-23 31 0018 02170 FROSPCCT AVE VOCEY D J01R: MI 1 WIFE Crw!,Y D J01i:; Cn•' 123 CPiSTAL DAY 121 "-323 ' 18 10-117-23 31 0034 01285 ARBOR ST J a B WOOD JAY a BARBARA WOOO IZ.^5 ARECR ST DO.; 43 CRYSTAL BAY MN 55323 36 10-117-23 31 0037 01290 BRIAR ST FAYE M !iWTRANFT >� FAYE M HAJRTRANFT 1290 BRIAR ST WAYZATA MN SS391"`''�=� 3A 10-117-'� 01355 ARC - R AfLi RC'iMal hLD 1.t9 '3!;5 APF, CRYSTAL BA. �. *- G. Certificate of Survey for Mark & Tina White in the Nl 'A of the SW'/4 of SE A i on 10-117-23 Hennepin Courty, Minnesota t ^ v � a r. � w 0 gvE' t . 1�✓ erwri tf 1 hereby certify that this is a true and correct representation of a survey of the boundaries of the East 90 feet of the West 420 feet of that part of the Northeast quarter of the Southwest quarter of Section 10, Township 1!/ North, Range 13uk,,of the 5th Principal Meridian, described as follows: Beginning at a point on the west line of said Northeast quarter of the Southwest quarter distant 515.625 feet north of the Southwest corner of said Northeast quarter of the Southwest quarter; thence North 188.3 feet; thence East 492.5 feet; thence South 66 feet; thence East 18.5 feet; thence South 57.3 feet; thence East 2 feet; thence South 65 feet; thence We-t 513 feet to the point of beginning, and the location of all existing buildings thereon. It does not pu, -t to show any other improvements or encroachments. For purposes of this survey. the boundary lines shown ioove h,iva I>een established by Occupation and Nxistinq staking. Date : 9-18-8/ Scale: l" - 3,0' o : 'ron k e r COFFIN b GRONBERG. INC. -1� )`w iir`on ery T�Gi.JCic. o. Fngineers, Land Surveyors, Planners Long Lake, Minnesota � J 59 - 0.Ick A tor- ARF4 A. c. Ra - z soo 21 fofl P�asPFcjr �q = i 3 •� �S yt SO P,eczs PEcT i KA-3.7 �r0 �se•' Sis:.� S - ' 27SO t _, .... , -.�,M+_ • j; I i� 1, � i ( It 1 � _ i TO: Mayor Grabek & Orono Council Members City Administrator Bernhardson FROM: Mir-hael P. Gaffron, Assistant Planning r- Zoning Administrator DATE: November 18, 1987 SUBJ: #1211 Gerald Neslund, 1225 Orono Oaks Drive - Conditional Use Permit and Variance - Resolution Application - Conditional Use Permit and Variance to construct a driveway througr z designated wetland to serve this vacant lot. List of Exhibits A - Proposed Resolution B - Planning Commission Minutes 10-19-87 C - Planning Commisssion Action Notice 10-20-87 D - Letter from Minnehaha Creek watershed District dated 10-20-87 E - Memo and Exhibits of 10-11-87 Discussion - Please review the memo and exhibits of 10-13-87. Applieant proposes to construct a driveway through designated wetland area. his application resulted from staff's recommendation to apply for a conditional use permit after a site inspection revealed that the wetland area on the property is much more extensive than it appeared in 1978 when the plat of Orono Oaks was completed. City Engineer Glenn Cock has viewed and walked the site and he agrees with staff that a driveway heading on a direct line Lotween the cui-de-sac and the dry land area of the property, is more appropriate and less detrimental to the existing wetland than would be a driveway that skir_s the boundary of he wetland easement as shown on the plat. The originally intended driveway would have gone easterly along the boundary between Lots 6 and 7, then head south and west again to the cry land. It would have been extremely long anal would have required major excavation to construct. The nature of this wetland has changed since -its designation in 1978 and is a similar situation to the wetland at the southeast corner of Orono Orchard Road and Orono Oaks Drive, where an area that now exists .As a definite wetland was dry and devoid of wetland vegetation types in 19`t ISSUE - Since the wetland as it exists now is larger in area tha., he originally granted easement, should an additional easement be granted? ;staff would note the following: 1. A review and site inspection of the property on November 6th, indicated that a culvert not shown un applicant's survey leads from a small basin on the southeast side of the Luce Line, hence the drainage area is somewhat larger than staff had originally thought. This culvert was located as a result of the City Engineer's review of the 100 year flood elevation during which he noted that the City's Surface:. Water Managernient Plan indicated additional drainage from this location. Zoning File #1211 November 18, 1987 Page 2 of 3 2. Due to the nature of the wetland and the existence of a culvert underneath the Luce Line, it would be appropriate to extend a drainage easement from that culvert to the existing drainage easement nearer the cul-de-sac. 3. In doing so, staff would recommend requiring that an easement be granted below the 952' contour, noting that by staff calculation within the entire lot areas that are not covered by drainage easements would still exceed 2 acres (approximately 2.08 acres dry buildable). Note that this is a revised recommendation from staff's initial recommendation to Planning Commission which occurred prior to knowledge of the additional drainage area entering this property. Planning Commission reviewed this item at their October 19th meeting and recommended on a 4-2 vote to approve per the following conditions: 1. The culvert underneath the driveway shall he 12" in diameter per City Engineer's recommendation. 2. Applicant is advised to contact Minnehaha Creek Watershed District for any permits they may require. 3. Proposed driveway shall be no wider than 14' at the driving surface with 3' additional in shoulders on each side maintaining a 3:1 slope as proposed by the designer. Total width of the corridor taken by the driveway and fill shall average no more than 35 feet. (Portions of the driveway may exceed 35 feet, but the average width of the corridor shall not exceed 35 feet). 4. Applicant's surveyor shall describe by meets and bounds an additional area of wetland to be designated as protected by a conservation and flowage easement, of area equivalent to the area between the 952' contours that will be obliterated by a driveway. Applicant shall grant a flowage and conservation easement over that additional area. Note that the Planning Commission minority vote reflects approval of the project but would have required a total wetland re -designation it this time at the property owners expense. STAFF RECOMMENDATION Given the Planning Commission's general approval of the project and given the additional culvert information obtained, staff recommends approval of the conditional use permit and variance to construct the shortest possible driveway through this wetland, subject tc the following conditions: 1. The culvert underneath the driveway shall be � inches in diameter per City Engineer's recommendation. Zoning File #1211 November 18, 1987 Page 3 of 3 2. Applicant is advised to contact Minnehaha Creek Watershed District to obtain their required permit. 3. Proposed driveway shall be no wider than 14' at the driveway surface with 3' additional in shoulders on each side, maintaining a 3:1 slope as proposed by the designer. Total wi.3th of the corridor taken by the driveway and fill shall average no more than 35' (portions of the driveway rr exceed 35' but the average width of the corridor shall not exceed I. 4. The property owner shall grant a Fiiwage & Conservation Easement over all areas of the property below the 952.0 contour. The boundaries of such easement to be described by metes and bounds by the applicanZ'7 surveyor (Council may wish to extend to the applicant the option oZ providing soil boring information and further micro - topographical informationfhe feels that the 952.6 contour is not appropriate for the wetland easement boundary). 5. Applicant or his contractor shall obtain the necessary permit for grading and filling prior to driveway construction unless that driveway construction is undertaken in conjunction with a building permit for a new house on the property. 6. This resolution will not be filed nor will it take e-ffect until the Conservation & Flowage Easement has been granted. A resolution reflecting the revised staff recommendation is attached for Council review. (Note that given the Planning Commission's general approval of the project, staff recommends that further Planning Commission review is not necessary.) City t`� of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AI4D GRANTING A CCHDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10(B) FILE #1211 WHEREAS, Gerald Neslund (hereinafter "the applicant") is the owner of the property located at 1225 Orono Oafs Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 7, Block 1, Urono Oaks, Hennepin County, iinnesota (hereinafter "the property"); and WHEREAS, the applicant has mace application to the City of Orono to permit ti-.e construction of a residential driveway through a designated wetland area within the property, requiring excavation, fill and grading within a designa�_ed wetland area where such construction is nut normally allowed per Zoi.i.ng Code Section. 10.55, Subdivision 8, unless a conditional use permit is granted per Section 10.55, Subdivision LC, (B). NOW, THEREFORE, BE I1' RESOLVED by the City Council of OrOnQ, Minnesota: FINDINGS 1. This application was reviewed as Zoning file 01221. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. The property is approximately 4.2 acres in total area of which z%ppror.imately 0.33 acres was designated as protected wetland area as part oC the subdivision of Orono Oaks in 1978. The dry buildable area within Lot 7 under the current apparent wetland conditions is at least 2.08 acres. 4. The Orono Planning Commission reviewed this application on October 19, 1987 and recommended approval of the proposed variance and conditional use permit ba,,;cd on the following findings: a) The ari:.,a of the property that contains actual wetland appears currently to extend beyon:' the boundaries of the wetland easement granted with the oricginal. subdivision. FaC1c 1 c f 1, City of ORONO RESOLUTION OF THE CITY COUNCIL NO. b) Applicant proposes to construct the shortest possible driveway between the cul-de-sac and the dry land area of the property in order to minimize the area of actual wetland disrupted by driveway. c) In order to construct a driveway as originally intended on the property along the northerly lot boundary between Lots 6 and 7, a greater area of actual wetland would be disrupted than by construction under the current proposal. d) The applicant has a right to have access to the property, and since no access easement exists to serve Lot 7 via any neighboring property, the variance is necessary to preserve a substantial property right of the applicant. e) The apparently variable nature of this wetland and the elevation and size of the existing culvert and drainageway leading away from the wetland, coupled with a variability in topography and vegetation types would suggest that the wetland boundary is not easily definable. The Planning Commission recommended on a 4-2 vote thlat th•-:? City not require a total redefinition of the wetland at this time. 5. Further staff review incicates that an additional area of drainage from the south side of the Luce Line enters this property, hence it is appropriate to require the granting of Drainage and Conservation & Flowage Easements over an additional area of the property. Given the outlet elevations to the r.:,rth of this wetland, it is unlikely that the wetland boundary would ever be greater or higher than the 952' contour. It is therefore appropriate that all areas below the 452' contour within the property boundaries be designated as protected wetlands through a Conservation & Flowage Easement. 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 aftect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring prcrerties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable Y:ardship or difficulty; is necessary to preserve a substantial pr.opei by right of the applicant; and would be in keeping with the spirit and intent of the Zcrirg Code and Comprehensive Plan of the City. F'.ivo 2 cf City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. The City Council finds that granting a conditional use permit to allow the construction of a driveway through the designat,2d wetland will not be detrimental to the health, safety or --eneral welfare of the public, would not adversely affect light, a_r 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 ::,oning 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 variance to Municipal Zoning Code Section 10.55, Subdivisir n 8 to allow construction of a driveway through a designated wetlarid area and grants a conditional use permit per Section 10.55, Subdivision 10 (h) for the excavation, filling, and grading necessary to construct such a driveway through the wetland, subject to the following C ^ditions: 1. The culvert underneath the driveway shall be _r inches in diameter. 2. The applicant is advised to contact Minnehaha Creek I.-itc_rshed District to obtain the permits that they will require for this work. 3. The proposed driveway shall be no wider than 14 feet at the driving surface, with 3 fuot shoulders on each side in addition to that 14 feet, enc; shall maintain 3:1 side slopes as proposed by the designer. The total. width of the driveway taken up by the driveway and fill shall average no more than 35 feet. 4. A Flowage & Conservation Easement shall be granted within the property boundaries below the 952' contour. Applicant's surveyor shall provide a metes and bounds legal description for the heundari-es of that wetland to be designated. 5. In the event that the driveway is constructe conjunction with an actual building permit application for a rerid,.;nce on the property, no grading permit shall be requ.: reel. In they event that driveway construction occurs prior to application for a building permit on the property a grading and excavation permit shall be obtained by the applicant or his grading contractor prior to such construction. Construction of the driveway .;hall be a ib ject to City inspection and approval. rage 3 of 5 City of ORONO RESOLUTION OF THE. CITY COUNCIL NO. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must he exercised by application for a building permit or grading permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (November 23, 1988). 7. 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, anti shall be punishable as a misdemeanor. B. 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 22rd day of November, 1987. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(n) James R. Crabek, Mayor MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 19, 1907 11210 JONES CONTINUED Attorrey Bruce ihumpson was prese-.t representing the adjacent neighbor, James Iioward of 3127 Casco Point Road. lie felt that the application was incomplete finding no elevations, type of structure etc. At this point, they objected Lu the proposal In addition, he recommended a newer more acc,irate sui f be done. There were no other comments from the public. It was moved by Chairman Kelley, seconded by Johnson, to recommend denial of the average lakeshore setback and lot width variances as proposed. Charles Jones requested that this application be tabled Cor additional information. Chairman Kelley withdrew his motion. It was moved by Chairman Kelley, seconded by Johnson, to table this application per applicant's request pending additional information. Motion, Ayes 6, Nays 0. It was noted for applicant that the 6 member Planning Commission strongly disapproved of the proposal based cn the density. 11211 GERALD NESLUND 1225 ORONO OARS DRIVE CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 9:20-9:24 The Affidavit of Publication and Certificate of Mailing were noted. Dale Hamilton was present representing Gerald Neslund. Also present were the prospective buyers of the property. Assistant Zoning Administrator Gaffron explained the request for L conditional use permit and variance to construct a driveway through a de:•4-hated wetland to serve vacant lot. He noted that th- land is actually larger than designated on the map. ataff recommends approval to allcw the proposed driveway location cutting across the shortest route to gain access to the building site. ':here were no comments from the public regarding this matter and the public hearing was closed. lZeferring to staff's condi4:on 03 which states "Total widt.h of the corridor taken up by the driveway and fill shall not exceed 3510, Dale Hamilton asked that it be .amended to rrad"... fill Fha 1 1 average 35'". 12 MINUTES OF THE PLANNING COirlMISSION 14EETING HELL) CCTOBER 19, 1987 f1211 NRSLUND CONTINUED Assistant Zoning Administrator Gaffror noted that the request is reasonable given the nature of the site. Hanson felt the 14' width of driveway too narrow. Bellows concurred feeling there should be additional shoulder for snow removal. and safety. Dale Hamilton noted that the plan does not show the additional 3' shoulder on each side of the driveway. Bellows recommended an accurate defined wetland should be submitted prior to Council review. Johnson dial not agree that a more accurate definition of wetland was necessary because wetlands fluctuate. Assistant Zoning Administrator Gaffron explained the costs involved in redefining the wetland and questioned who would bear these costs. It was moved by Johnson, seconded by Brown, to recommend approval per staff recommendation subject to amending the condition r3 as follows: Proposed driveway shall be no wider than, 14' at the driving surface with 3' wide shoulder on each side and shall maintain 3:1 slopes as proposed by the designer. Total width of the corridor taken up by the driveway and fill shall average 35. Motion, Aye_!; 4, Nay: �. Be! lows and Kelley voted nay because they pr.eferre(' an accurate definition of the wetlands. #1213 ROLLIN LACY 2655 NORTH SHORE DRIVE VARIANCRS PUBLIC HEARING 9:35-9:43 The Afiida•jit of Public-�tion ^d Certificate {,? �'�zi ling were noted. Mr. & Mrs. Rollin Lacy were present for this matter. Zoning Administrator mabusth explained the request for a 20' side/street e;etback variance to a public easment area with limited use to construct an attached garage; and 75-250' hardcover variance (5.1t increase over existing 30.1•) for additional improvements to the existing house. She also noted that applicant plans to retain an existing detached garage. Chairman Kellev fount'. no prot,lem with the setbacx variance, but was opposed to the additional 5.1% increase in hardcover. I ZONING FILE. NO. 1211 CITY OF ORONO N()TICL' OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-735� Date of Notice: 10/20/87 --------------------------------------------------------------------------- TO: Gerald Neslund COPIES TO: McCombs, Knutson, Associates Inc. 7918 East Bonita Attn: Jerry Hauer Scottsdale, AZ 85253 12800 Industrial Pa -lvd Plymouth, MN 5544 --------------------------------------------------------- --------------- TYPE OF APPLICATION: XX Variance XX Conditional Use Permit DATE OF MEETING: 10/19/87 VOTE: 4 For 2 Against Planning Commission recommends the following: Approval subject to conditions notc.d below NOTE AND SPECIAL CONDITIONS: 1. Culvert -nderneath driveway to be 12" in diameter. 2. Applicant is advi:;ed to con+:act the Minnehaha Creek watershed District for any permits thLy may require. 3. Proposed driveway shall be no wider than 14' at the driving surface plus a 3' shoulder on each side, and shall maintain 3:1 slopes as proposed by the designer. Total width of the corridor taken up by the driveway and f i 1 1 shall average 35' in width. 4. A► 'icant.'s surveyor shall describe by metes and bounds an addit area of wetland to be designated by drainage easement and throuc:., conservation and f lowage easement equivalent to the area between the 952 contours that will be obliterated by a driveway. Applicant shall grant a flowage and conservation easement over that additional area. The minority opinion was also to approve, but subject to re-definino the wetland entire'y, with all engineering, soils analysis, and legal des,riptions to be provided by applicant.. Applicant's next scheduled meeting is confirmed as: City Coun-il hovemher 9, 1987; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are ave.+lable from the City Recorder after review and approval by the Planning Commission. oem 0 1 P.O. Box 387, Wayzata, Minnesota 55391 IOARO OF MANAGER& David H. t:n .wn. lies. - AIDed L Lehman - John E. Thomas Camille D Andre - Jamee R Spensley - Richard R Miller - Pv hael R Carroll October 20, 1987 City of Orono Attn: Michael ffron PO Box 6�• Crystal Bay, MN 55323 Re. Proposed wetland filling by Gerald Neslund Dear Mr. Gaffron: LANE MINKTONNA ► F '10 OCT 2 I have received the information you submitted concerning the above referenced project. The project will require permit review and approval by the Board of Managers of the Minnehaha Creek Watershed District. The required exhibits to he submitted with the permit application are contained in the "Rules of the Minnehaha Creek Watershed District" under Pule C and Rule D. Any alternative that does not impact the wetland would be preferable to the District and would not require permit review and approval by the District. If you have any questions please contact me at 473-4224, Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District Kevin C. I_�+�,,,n, Engineer ml m McCombs -Knutson To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 13, 1987 Subject: #1211 emerald Neslund, 1225 Orono Oaks Drive - Conditional Use Permit/variance - Public Hearing Application - Conditional use permit and variance tt construct a driveway through a designated wetland to serve vacant lot. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Including Topography and Driveway Location► Proposal Exhibit E - Staff Sketch Pertinent Facts - 1. This property is zoned RR-1B, 2 acre unsewered. 2. The plat of Orono Oaks was finalized in 1978 or 1979. At that time the wetland shown within the drainage easement on Exhibit D was designated as a wetland, although it had not appeared on the City's designated wetland maps. That wetland in Lot 7 also extends into the next lot to the west. Since that time the area of the wetland appears to have increased, there being cattails and otner wetland vegetation throughout the area shown approximately below the 952 contour on the property as well as on the property to the west.. 3. This application results from the fact that Lot 7 does not have an easement from the property owner to the east for use of the easterly property to create a driveway on high ground. Creation of a driveway that would FL•irt the drainagr easement would in fact create a longer driveway that would affect a greater square footage c.f the wetland as it exists today. Therefore, the application was presented with a driveway that cuts directly across the wetland at the shortest location, which would disrupt the least extensive amount of wetland. 4. There is a culvert underneath Orono Oaks Drive approximately 100' west of the cul-de-sac and a drainageway that continues northerly. It would appear that the water elevation of the wetland in Lot 7 would have to be approximately elevation 951.1 or higher in order to drain out of this wetland and to the north. Zoning File #1211 October 13, 1987 Page 2 of 2 5. City Engineer Glenn Cook has reviewed the proposed driveway location and has calked the wetland both within and outside the existing drainage easement area. He concurs with staff that the wetland area is more extensive than previously existed and that it is appropriate to allow the driveway to cut across the existing drainage easement in the shortest, least disruptive way possible. Glenn's comments also were: that the 24" culvert proposed under that driveway should be reduced to 1 2- in order to provide some additional f loud water retention or storage area. Glenn also recommends that an area equivalent to tYe area of the proposed driveway be granted as additional drainage easement/designated detland along the north, east, and south perimeter of the existing easement as shown in the staff sketch (Exhibit E;. 6. This proposal has been submitted to the Minnehaha Creek watershed District. Applicant should ae advised that a watershed district permit may be required. 7. The applicant's surveyor has calculated the area within the property and above the 952 contour as 2.6 acres of dry r;ui ldable land, hence, granting of an additi(.-ial conservation and flowage easement below 952 will have no effect on the buildable area of thc property. Staff would also note that because of the elevation of the a.-.nageway and culvert underneath Orono Oaks Drive and because: of the apparently variable nature of this wetland, it iL not necessarily appropriate to require a wetland easement all the way up to the 952 contour at this time. Staff Recommendation - Staff recommends approval of a conditional use permit and variance to allow the proposed driveway location cutting across the shortest route to gain access to the building site cn Lot 7, Block 1 of Orono Oaks, per the proposal. Staff would further recommend the following conditions on that approval: 1. Culvert underneath driveway to be 12" in diameter. 2. Applicant is advised to contact the Minnehaha Creek Watershed District for any -permits they may require. 3. Froposed driveway shall be no wider than 14' at the driving surface and shall maintain 3:1 slopes as proposed by the designer. Total width of the corridor taken up by the driveway and fill sha t 1 not exceed 35' t.. 4. Applicant's sue k eyor shall describe by metes and bounds an additional area of wo,i land to be designated by drainage easement and through a conservation and f lowaqe easement equivalent to the area between the 952 contours that will be obliterated by a driveway. Applicant shall grant a flowage and conservation easement ove. that additional area. Fee 'fi �' `i Receipt ids y F Initials, CITY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1225 Or. -ono Oaks Drive Property Identification Number (P.I.D.) 35-118-23-34-0012 Please check one - Is the property abstract or X torrens? (for Conditional Use Applications only) Please attach legal. description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home) 602-949-5665 Name Gerald Neslund Phone (work)602-F33_,-7C,'�- Address 7918 East Bonit'l City Scottsdale, Zip -----------------.---------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name SAME AS APPLICANT Address Date Property Acquired Phone City Zip (month/year) I (do) (do riot) also own the adjacent parcels of land. -----------------------------------------------------------------•---------- FEES - CONDITIONAL USE PERMITS . % OF i�11+1J �aier14C rrE $100.00 a) Residential accessory Use .l J•J l'LY 1f 1! V $150.00 b ) Institutional (church, school, etc.) 01 `'FN `t�0A.0# _ 14EA Ff $150.00 c ) Luplex Credit/Bldg c;.F.r''T-ti4NlC" `"?!' �0ht K; !L1V V1 L f $250.00 d) Com-mercial/Industrial Use '5 V $200.00 f) Land Alteration Grading and filling - 101 cu. yj. or more Seawall, retaining walls within 751 of lakeshore Wow IN � AfE' 3EC /O,S'$ 5wW /2 PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.0C, Easement Vacation $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning $200.Ob Appeals other see fee schedule PRESENT USE OF PROPERTY ��ff _ Present Zoning District /ek- ;13 Present Use of Property _ Residential Oth _(spe�fy DESCRIPTION OF REQUEST �_.L% . to construct driveway across wetland Describe request in detail: Y to provide access from Orono Oaks )rive to uture xul in.1 site. REQUIRED SUBMITTALS 1. Compl-ted Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin Courty 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. x, ; z. t Map. The applicant and Property Owner must sign this application. P1en, se remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date --------------------------------------------------------------------------- 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 f '4 Date 1 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 thi request. Owner's signature / f� � 1 Data ----------------- - -------------------------------------------•----------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are ht-ld on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Cr,uneil, and, if an applicant is unabJ_e to attend a scheduled meet':ig, to please make arrangements to have an authorized agent attend in your place and to advise the Building & 7c:,ing Office of this change prier to the meetinq. AO „' No ! sib•, •'°' � •]� • � .. #121 ,�"t i� ,�� ��'j, .� • b � �r;- �' _ . _ =-ram\V" . "-` _,.__---_ -- la ! ..• •+<,•�� � �� S--D�---�'',otr Ali,. �• as ft ,�. furl �G may, ' ° s ,• �'� � op 44 v' TS IL i Y tiJ .cc• � 1' n F ore RUN DATE 09/17/87 BATCH 002 38 02-117-23 21 0002 PROP ADDR 00040 SMITH AVE OVIIER t K J EISINGER ETAL TAXPAYi P GARY PETERSON NAME/AL,.. 40 SMITH AVE OR(1lSO HN 55391 38 35-118-23 33 0010 PROP ADDR 00030 OROI10 ORCHARD RD Ii 0',:T41R NAME S B 3 S F NESLUlfD TAXPAYER STEPHEN B NESLUND NAHE/ADDR 30 ORONO ORCHARD RD N WAYZATA MN 55391 38 35-118-23 34 0004 PROP ADDR 01220 LYMAN AVE OWN-P NAME G MARC W11ITEHEAD ETAL TAXPAYER G MARC WIiITEHEAO NAME/ADDR 1,20 LYMAN AVE WAYZATA MN 55391 38 35-118-23 34 0008 PROP AOOR CW14ER t1AME C 0 NOLAN L E M NOLAN TAXPAYER CHARLES-;/ELIZABETH M 140LA14 NAME/ADDR 630 E -':�'IAN HOUND ST WAYZATA MH 55391 38 35-118-23 34 0011 PPOP ADDR OIC00 OROt;0 Ot.t'S OR WiER IIAME M a S LEE TAXPAYER MYOMtG LEE NAME/ADDR 1�100 C777`30 OAKS DRIVE LONG LAt' E 11/ 55356 38 35-118-23 43 0022 PROP ADDR 01190 LYMAN AVE 06NER NA:lE B E PALMER A J M PALLIER TAXPAYER BRIAN E i JULIA M PALMER NAME/ADDR 1190 LYMAN AVE WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 35-110-23 33 'JO06 ORONO OAKS ASSOC INC ORONO OAKS ASSOC INC SUSAN HINELINE 1200 CPCN0 OAKS DRIVE LONG LAKE MN 55356 38 35-118-'3 34 000Z STATE OF MItB' STATE OF HI'.M 38 35-118-23 31, 0005 00040 ORONO ORCHARD RD N D A D STRUYK D A A CARDAPA A STAUYK 40 ORONO ORCHARD ROAD OROt:O t01 55391 38 35-118-23 34 0009 R N A J M CARLSON RAYMOND W CARLSON 3245 SCOTT AVE N MPLS MN 55422 38 35-118-23 34 0012 GERALD 0 NESLUND GERALD D NESLUtI4 578 HAPRINGTON ROAD WAYZATA Mt 55391 TOTAL BATCH 002 00016 REPORT NO. PI4�5401 PAGE 4 38 35-115-23 33 0007 01555 ORONO OAKS OR R L A S M LACY ROLLIN L & SHARON M LACY 1555 ORONO OAKS DR LONG LAKE MN 55356 30 35-118-23 34 0003 G MAPC WiIITEHEAO EIAL G MAPC WHITE!!rAD 11,20 L11'1.14 AVE "AYZATA MH 55591 38 35-118-23 34 0007 01320 OPD!M OAKS DR D D ', A N C%PLSC;'S WILLI4M A LL'JE^L+ JC0JEY .P 1320 )RONO Oafs OR LOUD LAKE MN 55356 38 35-116-. 0010 01230 07%, ,49S OR 0 i T GARDELLA DAVID T i TRESA GARDELLA 1230 ORONO OAKS DRIVE LONG LAKE MN 55356 38 35-118-23 34 C013 01335 ORONO OAKS OR CHEYENNE LAUD COMPANY CHEYENNE LAtD C04iPANY 74Z TWELVE OAKS CENTER 15500 WAYZATA BLVD WAYZATA M1 55391 ^'it "mt''L A "o RUN DATE 09/17/87 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI43Y�4nl PROPERTY OWNERS LIST PAGE 5 BATCH 002 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON 1HE RECOfiOS OF THE HENNEPIN COUNTY DEPART ENT PROPERTY TAXATION. TO TH BEST OF MY KNOWLEDGE AND BELIEF. / DATE �� �"9� - _1 983% 0 IA) s� 49s1 s [9u o°C Q6 • i94i z) : 1 � i � y f 0 R T H W E S T E R N W tr CA P- . Ajs *_ 9 sz c o . ' It i oT�� �oT Ac.an 4 z �a �. • G4MD D.�r !. wl Y.aE Wry y 4 P QJG NkE• �'f.t,.. •. .w,S I.Y MS wE.M1lD !• � O. Na4.�.dM(�.. ••,MAw wprYliY.D1/l•M4K1�• lO lrrlfK�., lr1..ef• 1�Y• !!K ads W rrK ENAM !bglK Eor. M COMBS KNIITl,,,A ASSL "'I',"', ...... ...... I" 9ft A61 A' 0, I .("ban PRI%,'' F Cu..mp 25 c,*,F^--r4ko *: Z4, C-K 1p. ED DRWEWAN owl.• 1, c)JZojJo C>bV,'5 McCOMBS-KNUTSON ASSOCIATES, INC &F- W-1►4-0 Us 4mL "&AM p OkOA/O OAKS p�eivE � f� 0 O iJAL 3 N Z tj LUCE O OfAC'7C5 /QCN M, • �-+( � wM.Y C(.Ti�• 1..♦ Iwf hY rf [N �.11[O Ir � N en —4ND SURVEYOR �ws. r+ ors rK Tw [T•n a ..ww•• u_rnune .... PA ASS0 We hereby certif that t the boundaries o: Lot 7, Block 1, CRU4 And of the locations of if any, from or on said supervision, this 24th c [IMWO WTt IIEVK10M5 1- 2Y 87 S+ . IL - We hereby certifyy that this is a true and correct representation of a survey of the boundaries oi: Lot 7, Block 1, ORONO OAKS, Hennepin County, Minnesota And of the locations of all buildings, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me, or under my direct supervision, this 24th day of September, 1987. ,iA!NTFf) Mc COMBS-KMTSON ASSOCIATES, iNIC. son -i Paul A. jffj&qr Land Surveyor, Minn. Reg. No. 10938 L py�� MGlffl� f fK \7A71 d MCCOMBS-KNUTSON ASSOCIATES. INC. �)� CC•SY.'hfG 1\G.•". • ta\0 KvYUUVM MWafSOYA C.li /" : I'-' It PREPARED FOR 7001 GERALD NESLUND To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: November 17, 1987 Subject: #1215 Smith Bay Marina, 1955 Shoreline Drive - Variance/Conditional Use Permit - Resolution List of Exhibits Exhibit A - Application F.chibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Applicant's Addendum Exhibit E - M.C.W.D. Minutes Exhibit F - Notice to City of Approval of DNR Permit Exhibit G - Applicant's DNR Permit Exhibit If - Engineer Plans for Wall Exhibit I - Local Unit of Govt Comment Sheet Executed by City Exhibit J - Oriainal Application to City Exhibit F - Scope of Dredging Project and Profiles Exhibit L - Cook Letter Dated 10/13/87 Exhibit M - City Resolution #2194 Exhibit N - Planning Commission Minutes of 10/19/87 Exhibit u - Second Addendum Exhibit P - Site Plan Locating Retaining Wall Pertinent Ordinances 1. Section 1.0.03, -ubdivision 19 - to install a seawall s a conditional use permi 2. Section 10.55, Subdivision 8 - no land alteration allowed -Ni. n 75 feet of the lakeshore and Subdivision 25 (A) - necessary findin,,:, for granting variances. Pertinent Facts - Zoning District - B-2 Total Area = 31,117 s.f. or .71 acres Pertinent Issues - 1. Dredging of the lake bed is no longe nder the joint responsibility of local goverment and DNR - please be adv ed that seawalls remain a joint or shared responsibility. Review Exhibits F, I & J - the permit was expanded to include a seawall (87-6294), original application to City dealt with dredging only and comments were based on the scope of original application. DNR approved the seawall (issued permit) prior to City's review and issuance of conditional use permit. 2. Mr. Larson, of the M.C.W.D., has advised that the permit rcequestf, have been fulfilled by applicant (review Exhibit E). Zoning File #1215 November 17, 1987 Page 2 of 3 3. The City has approved seawalls along channel areas and lagoon shoreline. The code gives little direction regarding the prop and cons in the use of seawalls. Review Item 6 - necessary findings, Section 10.55, Subdivision 25. The -.esire of the City to pr^serve "natural land forms", etc. - aesthetically the City has held that rip rap is a more natural feature with shoreline of a lake than the seawall - that is on the main lake. The applicant has provided ha_dships and unique findings for your consideration. Note in the minutes of the M.C.W.D. (review Exhibit E), they also question the use of the seawall on the main lake but accepted applicant's hardships seeking only additional engineering review of the design of the seawall. 4. In resfonse to the City's past position on the use of seawal i the main lake, staff had asked for the lake view of the wa':. elevation at various locations. Applicant has submitted a photograph of the seaw&ll at 'heir Shorewood facility for the City's consideration. The structure is the same as the one proposed for Smith Bay Yacht. Review of Application - At the time of the review of application #1142 (variances, conditional use permit and commercial site plan review) for the complete renovation and improvement of the marina site, the owner proposed major restoration of the eroding shorel-ne. The seawall was discussed at the time of that review and applicant was advised that a separate conditional us permit review would he required. The applicant has filed the required application with the hone that the seawall construction can be completed by this winter. The applicant proposes installation of a steel sheeting seawall along 280 feet of shoreline. In addition, a dredging permit has been approved by the DNR to allow the removal of up uo 3,175 cubic yards of spoils from the lakebed (Exhibit K). Spoils are to be removed from site. Applicant's addenlum lists the following hardships and findings (Exhibit D): 1. Seawall will. allow maximum use of limited land area for parking and storage. 2. Watercraft can be closer to service area and sewage pumping facility. 3. Rip rap would require more land area to allow for the required slope from parking area to lake. 4. The water quality/filtering plan is acceptable nd may require less maintenance over rip rap filtering plan because wave action is eliminate(!. 5. The site is a no --natural feature of the shoreline as property was created with filling. Zoning File #1215 November 17, 1987 Page 3 of 3 6. The projection of this site from natural shoreline presents unique erosion problems - seawall is the most effectiv- `hod. Applicant has submitted an addendum note (Exi. O) advising of the structural design/materials to be used in the installation. The seawall will be appoximately 2 feet above the ordinary high water mark of 929.4 at a maximum height of 931.5'. The seawall will be constructed of 10 gage steel sheets with cap. A treated wood top wi 11 be insta 1 led to blend in with new docks to be installed. Love advises that this type of steel has been employed because it will assure an brown earthen tone with weathering. Staff has discussed the question of visual impact wit.i Kevin Larson of the M.C.W.D. and he adviend that with residential properties located on the main lake this may be an issue in addition to seeking other less obtrusive ways to solve shoreline erosion. As for commerical properties, such as boat yards and marinas, visual impact has never been a consideration because of the structures that exist in front of the seawall. This marina had unique erosion concerns. The use of the seawall will also allow maximum use of the limited dock use area. Planning Commission Recommendation - To approve the conditional use permit for Smith Bay Marina that would allow the installation of 280 .lineal feet of seawall along the shoreline of their property located at 1955 Shoreline ;rive subject to the following conditions: 1. Treated wood to be used as topping must be approved by City inspector. 2. Building permit must be obtained from City prior to installation of seawall and new dock construction. Such dock to meet all fire code regulations. Plans to be submitted to the City for approval prior to building permit being issued. The enclosed resolution has hcen drafted per the Planning Commission recommendation. p City Of ORONO k' r RESOLUTION OF THE CITY COUNCIL NO. �. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 0 FILE #1215 WHEREAS, Gerald E. Tobe.man (hereinafter "the applicant") is the owner of Smith Bay Marina located at 1955 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Commencing at the intersection of the North line of Central Avenue extended Easterly with Easterly right-of-way line of County Road Nc. 7 thence Northeasterly 42 degrees 15 minutes East 120.05 feet to actual point of beginning thence South 57 degrees 45 minutes East 29.04 feet thence North 37 degrees 50 minutes East 130 feet to the intersection of North line of Grand Avenue extended Easterly thence North 59 degrees 45 minutes West 18 feet thence Southwesterly 42 degrees 15 minutes West 131.05 feet to beginning including accretions, "ORA PARE:" ON LAKE MI'3NETONKA", Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono per :section 10.03, Subdivision 19 and Section 10.55, Subdivision 8 to permit installation of 280 lineal feet of seawall adjacent to the shoreline of the Smith Ray Marina. Minnesota: NOW, THEREFORE, DE IT RE.SOLVI:,D by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1215. 2. The property is located in the 13-2, Lakeshore Commercial Zoning District. 3. The property is approximately 0.71 acre in area. 4. The Orono Planning Commission reviewed this, application on November 16, 1987, and recommended approval of the proposed conditional use permit and variance as proposed based on the following findings: A) Seawall will allow maximum use of limited land area for parking and storage. Page I of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. E) Watercraft can be closer to service area and sewage pumping facility. C) Rip rap would require more land area to allow for the required slope from parking area to lake. D) The water quality/filtering plan is acceptable and may require less maintenance over rip rap filtering plan because wave action is elimina`.ed. E) The site is a non -natural feature of the shoreline as property was created with filling. F) The E c`-1Qn of this site from natural shoreline presents unique era .,n problems - seawall is the most effective method. 5. The City Council finds that the conditions existi r_q on this pro- perty are peculiar to it and do not apply generally tc )ther property in this zoning district; that granting thn vari:��ce would not adversely affect traffic conditions, light, air nor Po:',: a fire hazard or other danger to neighboring properties; would not mei,:ly serve as a convenience to the applicant, but is necessary to alle iate a demon- strable hardship or difficulty; is necessary to preserve i substantial property right of the applicant; and would be in keep,irig with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use -)ermit to allow the installation of the seawall will not be detrimen;:.al to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other dsrger to neigh} ng properties, nor will it depreciate surrounding property value . that the proposed level of use of the property w:; 11 be in kef-n' ith the intent and objectives of the Zoning Code and Comprehersive Plan of the City. CCNCLOSIONS, ORDER AND CONDITIONS Bascd upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and per S�^ction 10.03, Subdivision 19 grants a conditional use permit for the installation of seawall adjacent to the shoreline of Smith Bay Marina, subject to the following conditions: 1. Treated wood to be used for topping of steel seawall shall be approved by the City in.npection staff. Page 2 of 4 C City of ORONO RESOLUTION OF THE CITY COUNCIL, NO. 2. A building permit must be obtained from City prior to the installation of seawall and new dock structure. Such dock shall meet all fire code regulations. Plans of dock structure must be submitted to the City for approval by the Council prior to building permit being issued by Building Department. 3. 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 23, 1988). 4. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any Pur.hority g- ., ^d herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant Yeas read, understood and hereoy agrees to 'he terms of this resolution and on behalf of himself, his heirs, s 2ssors and assigns, hereby agrees to the recording of this re,_,)lution in the chain cf title of the property. Adopted by the Orono City Council on this 23rd day of November, 1987. ATTEST: Dorothy M. Hallin, City C1 ,rl:!~ ,lames R. Grabek, Mavor Property Owner(s llel,Tr 3 ( .1 4 C I r,-%. Wt. Daze Reed Fee Receipt Initials CITY OF ORONO ="/ S/ GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address Z2 7 `� � �,4 Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------•------------------------------- APPLICANT Phone ( home ) `/ %/- %C-- Name Phone (work) Address �� 7G ` L� c,.✓16_ z.c% Ci L- �lGbo!� ZiP= 1. ----------------------------------------------- ----------- OWNER (if different than applicant) Phone (home) Name Phone 5<C3 "�� Address City Zip Date Property Acquired /.;- (month/year) If 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 UI?YOF E;1M. $250.00 d) Commercial/Industrial Use _`:.�'•%ti��r� �? v' $200.00 f ) Land Alteration i!0.00 TC M.00 Grading and filling - 101 cu. PIZ Seawall, retaining wallsgf.;vj i-- lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Rey►iew (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision. $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 C%I: Completed Application Form. \12. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) (i 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. L4. Certificate of survey. Construction plan, if applicable. ,fr: 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. ------------------------------------------------------------------------------ Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administratop-;-agrees to pay all fees and/or unusual expenses incurred in.review of this application, and certifies that the information supplied /1"s t ie and correct to the best of hi /her knowledge. Applicant's signature Date / OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and furti -r authorized reaEonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes o investigation and verification of this request. Owner's signature _ 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. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have art authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. j6 1U-1I I-13 3, LU.;1 GECRGE F ROVFGNO 2010 S FCR FL I NE DRI bE WAYZAlt MN 55391 38 10-117-23 31 CC85 OANIEL CREAR 1960 SFATES AVF MAY ZAT t MN 553S1 38 10-117-23 42 C005 A G ASCHENBECK JR 1930 SHORELINE DRIVE hAYZATA MN 553S1 38 1C-117-23 42 0015 H TOURANGEAU 2060 SPATES AVE WAYZATA MN 55351 38 1C-117-23 42 0022 -_, CR. A I G CL SON 1960 SHORELINE OR WAYZATA MN 55391 38 10-117-23 31 OCCB PARIETTA h ANDERSGN 2055 SPATES AVE MtYZATA MN 55291 38 10-11 7-23 31 TERRY C MORSE 2CEO SPATES AVE CFCNO MN 55351 lu-tt7. J cim T SPF. NCB ZU40 t0 SHCRF DR 64YZATA MN 55391 38 lo-117-23 31 OC90 F.ICHAFD V STINSON 2U40 SPATFS AVE i%AYZATA MN 55391 38 10-117-23 42 0007 AL AN NFTTL ES 6 ANNE NETTLE S 1540 '_HOREL I N F DR. CRONO MN 55391 38 10-117-23 42 0016 ROt,,,AL L J PR INFAS 1580 H E 9 1 TAGF OR WAYZATA MN 55391 - r TOTAL L S 03 00017 �3 10-117-23 31 ojo-t STATE 009� 38 10-117-23 31 uu,�o HARRI ET SPATES TCko4NGEAU 2060 SPATES AVF hAYZATA MN 553S1 .;8 10- 11 7-23 42 0012 E RO EI E 6AYNE 5CC9 EXCELSIOR P.LVD APT 126 ST LGU IS PARK MN :>5416 28 1C-117-23 42 0017 LYLE VICKERVAN INTEFLACHEN LA FXCE LS ICR VN '�5311 36 10-117-23 42 j014 SAILGRS WORLD B CX 176 CRYSTAL BAY MN 55321 36 10-117-23 4.2 U0L1 CANIEL CRFAR 1580 SPATES AVE 6AYLATA MN 55391 - too % • - 200 400 G Meiil!! Co* see ISO& • 1 r. •O r of has o— I •�.1 • \ _ i "%� ,• 40 w • • f • .. .ti 1 .l 7 . ? _ �r j, • 1 , 4 • ! r j G � i e / F<a 4 • AEG. S U R VEY- 4p R% �r s ;LAND J �• r,�-- � ,.� �F op NO. 96 y Jj Its IS" s ♦ J • s, 40 Vr Vi t ilt 0. .'. A V i ,M•Q C C v • doJ1 1 ltrY �°;t,,- "' /�'a !''L, it ' • u Set OE t,t ��54) Ft J� jL t" .low July 17, 1987 Clifford Peep 475-1 Ei1 G Stiorelrnu acid Devclupment. Con:-Ultdnt. 16820 Edgewood Av. Wayzata, MN 55391 City of Orono Planning Commission & City Council c/o Jeanne Mabusth, Zoning Administrator P.O. Box 66 Crystal Bay, MN 55323 H : Smiths Bay Yacht Club; Conditional use permit for a shoreline seawall. Members of Planning Commission and C.tv Council: I am writing this letter on behalf of the Smiths Bay Yacht Club regarding their request for a conditional use permit for the construction of a seawall along the shoreline of their property on Smiths Bay. The Department of Natural Resources have approved the plans for construction of the shoreline seawall, and require title registration of seawalls. I expect this to be completed in the next few days. The Minnehaha Creek Watershed has also approved the plans and will issue the permit upon the receipt and approval of an engineers analysis of the structural integrity of the wall. This analysis is now under progress. The intent of the seawall is to provide a sharp interface between lard and water areas. This allows maximun use of the limited land area for parking and storage purt.oses, and will allow watercraft to get close to the shoreline to utilize the upland service areas and sewage pumping facilities. Rip rap, an alternative to the seawall, requires more land area to allow for the slope from the parking area to the lake bed, thereby reducing the Effective use area of the facility. The construction of a seawall allows the implementation of a watc—I quality filtering area by collecting and filtering surface runoff from the parking area. The area behind the prcposed wall will be lined with a filter fabric and back - filled with crushed limestone. weep holes are to be placed in the seawall to accommodate drainage through the filter area. A stipulation of approval from the MCWD requires the rock tackfill to be limestone, as the limestone has the capa- city absorb petroleum products. Seawalls in general, provide greater protection from shoreline erosion than rip rap. The Smiths Bay Yacht Club site is a non -natural feature of the shoreline. as thy- site is made up primarily from fill. material. Because the site projects from the adjacent shoreline areas, the site would have a greater erosion poten- tial, and should be allowed to construct a seawall to obtain mayinum erosion protection. July 17, 1987 Page 2 City of Orono Planning Commission & City Council c/o Jeanne Mabusth, Zoning Pdministrator P.O. Box 66 Crystal Bay. MN 55323 Then Minnehaha CreeK Watershed District and the City of Orono have similar con- cerns regarding the placement of seawalls on Lake Minnetonka. The MCWD has approved the permit, as the unique circumstances regarding this site warrant the construction of a seawall. A copy of the June 18, 1987 minutes of the MCWD meeting are enclosed. Should you have any questions, or would like to further- uiscuSs this letter, please feel free to contact me. Respectfully Submitted, Clifford Reep Consultant to Smiths Bay Yacht Club c(� Woodie Love Minnehaha Creek Watershed District r Minutes of Regular Meeting June 18, 1987 Page 2 87-119 Irwin Mandel Development Corporation - Renewal of a stormwater management plan for a commercial site, Sec. 17CDD, Citv of St. Louis Park It -..as moved by Spensley, seconded by Miller that the foregoing applications be approved as recommended by the engineer. Upon vote the motion carried. Tabling of Perinit Applications It was moved by Spensley, seconded by Andre that the following applications be tabled until required exhibits have been received: 87-108 Robert Grosfield - Wetland alteration area to provide wildlife habitat and improve aesthetic appeal, Sec. 28DDC, City of Minnetrista 87-120 Bob Pillsbury - Maintenance dredging of boat slip to improve access, Sec. 8DCC, City of Minnetonka 87-78 Smiths Bay Yacht Club/Toberman Marmt. - Dredge to remove 4,020 cubic yards of soil for navigational access in a corrriercial marina and 280 lineal feet of steel sheet pile seawall, Sec. 1ODBC, City of _Orono The engineer reviewed the application '-- :'redging and placement of a steel sheet pile seawall at the Smi. Bay Yacht Club. Clifford Reep appeared on behalf of the dpi,. nt. The engineer recommended approval of the application with ^ermit to issue upon receipt of the necessary structural analy::. n{1 approval of the Minnesota Department of Natural Resources. Mat._ Thomas questioned the appropriateness of a vertical seawall this location in light of the Board's preference for riprap the oper lake. Mr. Reep indicated that seawall at this commercia site allowed maximum use of both land and water area and that he applicant proposed to backfill behind the seawall with limestone material to provide some treatment of surface water runoff entering the lake from this commercial site. It was moved by Miller, seconded by Andre that the application be approved subject to the engineer's recommendations and subject to the additional condition that limF�stone material be used to backfill behind the seawall. Upon vote the motion carried. MINUTES OF REGULAR MEETING OF JUNE 18, 1987 MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS The regular meeting of the Board of Managers of the Minnc.haha Creek Watershed District was called to order by Vice Chairman Lehman at 7:35 p.m. on Thursday, June 18, 1987 at the Wayzata City Hall, Wayzata, Minnesota. Managers Present Andre, Lehman, ,Hiller, Spensley and Thomas Managers Absent Battaglia and Carroll Also present were Board advisors Mahady and Macomber. %oproval of Minutes The minutes of the regular meeting of May 21, 1987 were reviewed. It was moved by Andre, seconded by Miller that the minutes be amended by adding on page two immediately prior to permit 87-79 the following: "Manager Lehman ass- ad the Chair at this time" and that the minutes be further co acted to reflect the fact that Manager Lehman did not second motio,,, but rather such s^conds were made by Manager Thomas. Upon vote the minutes as , nded were approved. Amendment of Agenda The ( gineer recommended that permit applications 87-78, 87-89, 87-97, 87-103, 87-109 and 87-118 be moved from tie tabling to the discussion agenda. Upon motion duly made nd seconded the igenda was amended as recommended by the engineer. Approval of Permit Applications The managers reviewed a memorandum from the engineer dated June 12, 1961 setting forth those applications which comply all applicable standards of the district and recommending approval of the following permits: 8 R` and R. Tradewell - Shoreline :^1provement sand t).an►cet, Sew. 349BD, City of ohocewood 81-114 Elmer L. Kun:7an - 100 linea: feet f riprap streamkank erosion protection aloi7 Minnehaha Creek, 20BAB, City of Edina PHONE NO. STATE OF H H RECE Q) �� 1 DEPARTMENT OF NATURAL RESOURCES 296-7523 1200 WARNER ROAD, ST. PAUL, MN 55106 TOBERMAN MANAGEMENT 1460 Sheland Tower Minneapolis, MN 55403 Dear Mr. Toberman: RE: SMITH'S BAY YACHT CLUB, PERMIT 87-6994, LAKE MINNETONiCA (27-133 #26) Enclosed is your permit authorizing you to construct a retaining w; and dredge the existing dock area for the Smith's Bay Yacht Club. You may know that the Sailor's World had a docking permit (79-6301) under the previous owner's names. Pursuant to discussions with your agent --Clifford Reep--we have decided that you may include the docking layout as an amendment to permit 87-6294, after any changes have been authorized by the Lake Minnetonka Conservation District. At the same time we will address the additional dredging for the expanded area. A $30 fee must accompany the amendment request. Thank you for your cooperation. Should you have an-- questions, please contact Judy Boidreau at 296-7523. Sincerely Kent Lokkes:. e, Regional Hydrologist METRO REG1Oh DIVISION OF WATERS Enclosure cc: USCOE Hennepin County SWCD Minnehaha Creek WSD City of Orono(--"' Steve Walter, G.O. St. Paul Waters Clifford ::eep Lake Minnetonka file (27-133 #26) J23/dv AN EQUAI OPPORTUNITY EMPLOYER Dpoarunen►ot SNsiuea1ur kesoces TO BE RECORCED WITH ( f,7-6294 D1v1swn of Wa►ers THE COUNTY RECORDER Pursysnt to Minnesota Statutes, Chapter 105. and on the basis of statements and information contained in the permit application, Letters, saps, and plans subxitted by the applicart and others supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course, current. or cross section of the following: Protected Water County Lake Minnetonka 27-133P (Smi'.h's Bay 026) Hennepin Name of Applicant Telephone Number (include Area Code) Toberman Manaoement ( Smith's Bay Yacht Club) (612) 475-1616 Address (No. C Street, RFD, Box Ao.. City. State, Zip Code) 1460 Shelard Tower, Minneapolis, MN. 55403 Authorized to: construct 280 lineal feet of steel sheeting sea wall and remove jp to '4175 cubic yards from the bel of Smiths Bay as indicated in plans received June 11, 1967 - from cross -sections C throuah L only. (Cross -sections A to C - 845 cubic yards - will be considered only after receipt of Lake Minnetonka Conservation District (LMCD) approval of "proposed future docks".) Purpose of Permit: Date of Permit Expiration beat mooring / navigatioi. ( November 30, 1987 Property Described as: SEh, S .0, T117N, R23W; Lots 22 & 23 - Orb I County Park on Lake Minnetonka & :.ot 2, Blk 1, Touranaeau Addition Hennepin As Indicated (6): (if applicable) As Indicated (9): (if applicable) Ordinary high does not apply water level, 929.4 (NGVD, 1929) This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive oily and shall not release the r:.•mittee from any liability or oblication imposed by Minnesota Statutes, FederA Law or local ordinances relating thereto end shall remain in force subject to all conditions and limitations now or hereafter imposed by law. 2. No change shall be made, withoit written permission previously c,rtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. 3. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 4. This permit may be terminate) by the Commissioner of Natural Resources at any time he de::.. it necessary for the conservation of the Ovate- resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 5. Construction work authorized under this permit shall be completed on or before the date specified above unless terminated as hereinafter provided. Upon written request to the Commissioner by the.Permittee, stating the reason therefore, an extension of time may be obtained. 6. The excavation of soil authorized herein shall not be construed to include the removal of organic matter(as indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed by the application of bentonite after excavation. 7. In all cases, where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the persittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acgoi•► all property. r>ghts and interests necessary therefore. 6. This permit is permissive rnly. No liability shall be iaoosed upon or incur-ed by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or • -ptrty resulting frog any act o omission of the permittee or am of its agents, eaployees, or czntractors rei,,ting to any matter hereunder. This permit shall not he construed . r r:. PERMIT 067-6294 ATTACHMENA "f,.i B y • �,�.------ Dated: SPECIAL PROVISIONS: 1. The permittee shall comply with all rules, regulations, reciirements or standards of the Minnesota Pollution Control Agency and other applicatie federal, state or local agencies. 2. Permittee shall ensure that the contractor has received and thoroughly understands al: conditions of this permit. 3. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed prior to commencement and maintained throughout project. All exposed soil shall be restored (by seeding and mulching or sodding and staking) within 72 hours of completion of project. 4. Future maintenance excavation of this project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance excavation, permittee shall advise the Department of Natural Resources (DNR) in writing of the volume of material to be removed, the manner of removal, and the spoil disposal site(s) proposed. Maintenance excavation shall not be commenced until permittee receives DNR approval. 5. Excavated materials Fnall not be deposited or stored along side the protected water in a manner where the materials can be redeposited into the protected water by reasonable expected high water or storm runoff. 6. A sediment barrier shall be installed around the area of excavation during the pro)ec* to limit turbidity to the affected area. This barrier may involve use of a filter fabric material attached to stakes or a snow fence anchored to the lake bed. The barrier shall be removed upon completion of the work after sediment is settled. 0 STATE OFi trIN DEPARTMENT OF NATURAL RESOURCES 1200 Warner Rd., St. Paul, MN. 55106 PHONE No. 612 / 296-7523 FILE NO July 24, 1987 TOBERMAN MANAGEMENT 1460 Sheland Tower Minneapolis, MN 55403 Dear Mr. Toberman: RE: TITLE REGISTERED PERMIT #87-6294, LAKE MINNETONKA (27-133 626) SMITH'S BAY YACHT CLUB, HENNEPIN COUNTY Enclosed is your permit authorizing you to construct a retaining wall and dredge the existing dock area for the Suith's Bay Yacht Club. This permit mutt be title registered in the Office of the Countv Recorder (8th floor of the Administration Tower of the Governmeti Center) . A copy is enclosed so that it can be stamped by a County employee as certification. In addition, please fill out a "call slip" at the desk so that .e certification number, once assigned, can be relayed to the Area Hydcuiogist in our Metro legion Office (296-7523). Upon receipt of the stamped copy of the permit, we will mail a Notice of Permit Card to you. You do not have authorization to begin this work until you have received such Notice of Permit card and post•!d same at project site. Please send the stamped copy to the following address: DNR METRO REGION WATERS 1200 Warner load St. Paul, Minnef,ota 55106 If you have any questions conceruing this natter, please call Jan Witkowski (Recorder's Office, 348-5681) or our Metro Region Office at 296-7523. Sincerely, Kent Lokkesmoe Regional Hydrologist METRO REGION DIVISI014 OF WA-EI", Enclosure 1,92 Ar4 [QUA'_ OPPORTUNITY EMPLOYER PROTECTED WATEhS PERMIT P.A. Number INNESOTA TO BE RECORDED WITH Department of �Naiural Resources 87-6294 Drv,s,pn of waters THE COUNTY RECORDER Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and others supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course, current. or cross section of the followinn: Protected Mater County Lake Minnetonka 27-133P (Smith's Bay #26) Hennepin Name of Applicant Telephone Number (include Area Code) Toberman Management ( Smith's Bay Yacht Club) (612) 475-1816 Address (No. C Street, RFD, Box No.. City. State, Zip Code) 1460 Shelard Tower, Minneapolis, M. 55403 Authorized to: construct 280 lineal feet of :steel sheeting sea wall and ,remove up to 3175 cubic yards from the bed of Smiths Bay as indicated in plans received June 11, 1987 — from cross—sect.i.ons C through L only. (Cross —sections A to C — 845 cubic yards — will be considered only after receipt of Lake Minnetonka Conservation District (LMCD) approval of •proposed future docks'.) Purpose of Permit: Date of Permit Expiration boat mooring / navigation Hovember 30, 1987 Property Described as. SEh, S 10, T117N, R23W; Lots 22 6 23 — OrA County Perk on Lake Minnetonka 6 Lot 2, Blk 1, Tourangeau Addition Hennepin As Indicated (6): (if applicable) As Indicated (9): (if applicable) Ordinary high does not apply water level, 929.4 (NGVD, 1929) This permit is granted subject to the following GENERAL a,id SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permittee from any liability or obligatioc ispos,d by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. 2. No change shall be jade, without written permission previously obtained from the Commissioner of h3tural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. 3. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resource; for inspection of the work authorized hereunder. 4. This permit may be terminated by the Commissioner of Natural Resources at any time he deems it necessary for the conservation of the water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 5. Construction work authorized under this permit shall be completed on or before the date specified above u^less terminated as hereinafter provided. Upon written request to the Commissioner by the Permittee, stating the reason therefore, an extension of time say be obtained. 6. The excavation of soil authorized herein shall not be construed to include the removal of organic matter (as indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed by the application of berntonite after excavation. 7. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements the-eo•r or interests therein, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concern0. and shall acquire all property, rights and interests necessary therefore. 8. This permit is permissive only. N ��jsjstioll be isprs ,nn or incurred by the State of Ninnesota or any of its officers, agents or r llMl�fltcjp(+y-or persona ly, on account of the granting hereof or on account of any damage to any per aY�°)�prYtKrJty Ureawltt 9 feu! any act or omission of the permittee or any of its agents, employees, or r.ontr a. NlaOa?�3r3t1f s'� IS/ reunder. This permit shall not be construed i 9 MW W mora�m IPMO rsf % as estopping or limiting any legal claims orof- action' of any person other than the state against the pernittee, its agents, employees, or contractors, for -any damage or injury resulting from any such act or omission, t or as estopping or limiting any legal claim or right of; action of. .the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions of law. 9. No material excavated by authority of this permit nor material from other source, except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as. indicated above)if applicable. 10. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 11. This permit shall become effective on the date 2. is record d in your County in the Office o the Recorder. Provided, the work affecting protected waters authorized herei,, shall not be commenced until a Notice of Permit has been conspicuously posted at the construction site and a copy of the recorded permit is posted on or near' the premises upon which such work is conducted. A Notice of Permit will tie issued by the Commissioner upon, his receipt of a Certified copy of the recorded permit. 12. All general and special provisions of this permit shall bind the pernittee, his heirs and zssigns and shall' run with the land. i 13. After the completion of the project authorized, pernittee shall supply the Department of Natural Resources with photographs of the project area. 14. Pernittee shall maintain the authorized project in a stable and safe condicion. At any time the Coorissicrer' finds that the project is subject to instability, creates a navigation hazard, has become a public nuisance, , or has fallen into a state of disrepair, he shall order the owner to repair the project within a specified time. 15. Any Commissioner's Order terminating this permit may also require the pernittee, at his cwn expense, to remove within the time specified in said Order, any authorized project constructed under this permit and, if applicable.' any unauthorized project in violation of this permit. Said Order shall also require the pernittee tq restore, if necessary, the protected waters or beds thereof to the condition existing before the u authorized activity., 16. This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U.S. Post Office and Custom ftous-, St. Paul, Minnesota 55101. SPECIAL PROVISIONS ,SEE ATTACHMZNT -A- This instrument prepared and drafted by Area Hydrologist Judy Boudreau, MTV. DNR — 1200 Warner Road., St. Paul, Minneocta 55106 LMCD cc$ Clifford Reep St. Paul Waters Lake file USCOE Hennepin County SWCD Minnehaha Creek WSD City of Orono Steve Walter, C.O STATE OF !/1�N�% xecuted at St. Paul, Minnesota N t' i c. Z% ' day of rhd , 1� COUNTY OF Acknowle g�—ed, Subssc,�ribed and sworn to before re this C MMi :IC!ifr MINNESOTA DEPARTMENT OF NATUPAL RESCURCES Sri .y y of v �+.......----- by Kent Lokkesn)oe, Re Tonal Hydrologist L.� /�� MNDNR Authorized Signature My commission expire%:IMA Notar P c Signature -7 • .� 11�UfAtK4 iMO�DRMN gional Hydrologist 1� = tgN1ESOr1S Y SPECIAL PROVISIONS: PERMIT #87-6294 ATTACHME 'A' Dy: �i....�— Dated: ` Zq 'e 2.7 1. The permittee shall comply with all rules, regulations, requirements or standards of the Minnesota Pollution Control Agency and other applicable federal, state or local agencies. 2. Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. 3. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed prior to commencement and maintained throughout project. All exposed soil shall be restored (by seeding and mulching cr sodding and staking) within 72 hours of completion of project. 4. Future maintenance excavation of this project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance excavation, permittee shall advise the Department of Natural Resources (DNR) in writing of the volume of r..aterial to be removed, the manner of removal, and the spoil disposal site(s) proposed. Maintenance excavation shall not be commenced unt4.1 permittee receives DNR approval. 5. Excavated materials shall not be deposited or stored along side the protected water in a manner where the materials can >e redeposited into the protected water by reasonable expected high water or storm runoff. 6. A sediment barrier shall be installed around the area of excavation during the project to limit turbidity to the affec+ed area. This barrier may involve use of a filter fabric material attached to stakes or a snow fence anchored to the lake bed. The barrier shall be removed upon completion of the work after sediment is settled. /.-ACE ✓vfrc..(,.- YV 1TN 6 RA1)CL BACK Fit-4- fRRTy sur b�T ME��D �� rE� SrJ� 7h1 25,4 y l ,#7-6 # C e u B - ,I UNE / 7// 8 7 T ANCA4 49AVE L- 50� y /16DlUM CLAY 3Z . •�=033 93r. S� 9t7Z s, 4zZ, s• 5cr-7' cd-4-i _M6D G[ Y _ TOP of w��c. 3l,s' /20 PCF d� Sf>cF:, N/SMK14 LDw WALL 1't7,tt' = O = lzdO P c. - floors f-, PRDu1DE z' of- 4ivr COAt) 6aKC#ARf':?E. P(E) - = 7(o Psi Fa) = 7& * �SLpsT P(f- -) = //, ( 2tz) - ZZ. -Z4opr.,f E-- c.ISe 0 J �® = 4.1S'"(co 5)+z7o _ S(8Ps� pp�� = :V 4) - Z C = 2 r lls + 2 x//S t 2 ZSx /zo f 4, 7S,t (,S PIP 42,( 3-ra - 700 pps` �1V�r- _ -700 - 33fit - 3`z pF r s 2'( %G) f /•(2(. . = 228 P= Z z SC 2 70" 3 0 4 6* V = 9•75'(2To t ;04t) - 7-0/4 P = 36,Z 0 4 r-Arlcs e EQ /r7 r 01=,* - otP tP 10 1 Al = o 15 r -5r!!T / 34 90 - /8 /O L-- 3 0 7 7 b = c.-) L)z r /71)-?4,S=c7 soi-dE foo _7— Z 5oL ✓ c. For, T- % = 2L8f3o# zol4-/ 307 /7317*/ mF wA.c-" FIND MAX MOMENT IN o/z.rr- S 7.!q 3_63 z 34'T R /O.oq' r i =-766--rZ34 tt- z/A _ /23Z* 2 = 11L 9 * •70 4- /s = /31 3 z o00 , r jy rcg Atj6;, 0/e 7-/F_ C,4. CAf.3LF = /O,xle39Jl = /z 390)o /o. lg' x / z 3go4l _ /z& 3 y /o ro• ,7 D� C 1�,FcK WALE-, w = /z39 p/t /o /sre, Al `iJ = /23! X/01-' _ z3Q0�-� /0_ �tstfDK/TZI,lo = L.88i3 4-L/f O L,4-re-k 77M8EAO, CON57'XU67708 /`-J/}/'iuA-L P,4&,F S S- 3 3,1 545' 9zy�' qir.o' s/ = 300 Z13 s �� h =0. Jz Z _ ? - gars us1 ld l LO Al 7-9CATCJD j PO L owo ! . C A ct _ y 32 30 —5294 28 26 24 ?2 20 im 4X6 STEEL ANGLE IRON CAP -WELDED. ELEV 931.5 1.5" DIAM. ROCK BACKFILL o I CABLE THIMBLE —J I 5/$" STEEL CABLE 11111 —CABLE CLIPS --�—I 10 " 12 TR.E; DEADnnAN 10' 10 GAGE STEEL S)EAWALL 133' SHEE TS SEAWALL TYPICAL SECTION SMITHS BAY YACHT CLUB "ILE "FICAL 4X6 STEEL ANGLEIRON /--,BRACKETS -WELDED- NOHW 6.5 ' l \. I16 -- LAt',E BED 3 Chtfcxd Pwe.p 475 1816 Shorvbne " Domlot> veyt Conskoam 16820 Ede A� VVWvZWA MN 553r, 5/13/87 SHEET 5, 0 F 6 PARKIN( SURFACE DOFF 0 OP, EwUIV. T 1.5" DIAM. WEEP HOLE — THROUGH SEAWALL FOR DRAINAGE.' INVERT 930.0. HOLES 18"O.C. TYPICAL, OCK B4CKFILL ►F SENNALL 931.5 11110, SEAWALL CWfvrd F%M .475-1 16 WATER, QUALITY FILTER TYPICAL SECTION°'r'�'ndO'"�'d1D'""'�'` SMITHS BAY YACHT CLUB o=I" A* wvom. fmWu1 5/13/87 SHEET 6 OF t NOHW .4ATVRAt ti111041cit (To be crmplefed by applic nr) 1 one of Applicant _ AITHc CAA^/ iACrNi CLtr/S PROJECT LOCATION! rQuarter S• :don(s1 ' ,. -4 I �JCAL UNIT OF GOVERNNVTT Cot-,l IENTS M PL! i . /A / ' � �i 242 F ART B � J !St,r+et, RFJ, Bax No. City, Str::•. Zip Code) — �Otr�/ul/��✓ M/1 �.1/lCir�•IF�•.I`I l`1C�0 :.�//r'��il %�Kt/ram' Section(s) To- hip(s) Range(s) roject will affect: (name and number of lake, wetiane7, or watercourse SM .f; " - L,n k �5 N / /,.'/V F TO/ Jkv-, Courty(les? I - I . "iJ ref i hereby submit this application for permit to: — — r- (�-tark proper box) S c� st r of A al�c+r.t „ate, X l - ✓ i `{i S/P Dapp,; oriste water ,ft worl, i protect +aters ` Section II (To bs completed by local unrr of government) -' "-- ---_ _ �__--___—__ The following local unit if .iovernment comments and/or recommendations art iubmittod fir coy-;ideration by the Department of Natural Resou•cjs•In the dlsposltlon of tho referenced permit eppliva„on (YOUR RESPJNSE MUST BE SUBMITTEL) TO THE DNR Wi i HIN 30 DAYS.) Water Appropription Permit Applications are to be sent to the Centre'. Of- fice, St. Paul, and F otected Waters Permit Applications to the DNR Regio,ial Oryice. SEE REVERSE FIDE FOR CORRECT MAI!-ING ADDRESSES). Permit review is not required by the City of Orono for the proposed dredging project as long ?s spoils are removed from site and not dep-,-it.. 3n the subje-t p;-nperty. t r;PR 1 i'l�;S REGION V1 Was the pr000wr�t pr- '*d Ins; by this local unit of gr--,•rnment? wG OYES (if Yrs, givo viewer'; name) Viewer•., r�sr�C - �---- — Title• Author zed Signature Trite L '' — Telepho.* N^ ( Area ,, 4,e) ` Ti N of rn•Xw..Ing Soil end Water •,,onservatton Dirtrtct, Afa!ershed District. CiW or County 1 Addrpe (ot the atsov_ r.smu' .cal unit of go-e►nment1 VWr_'^rs adc ,s - back) D4 AA It 1 OF TO WORK t� i 60"'M `f' VATERC 08 WETUNDS —/ NATUR. JUR£ES (SSW Oct `J w D. ❑ USCOE ►►Please read lost,ucU,,,)s before attempting to complet; this .: :.c3iicn I. ApQ i'�cant s Fume (L�t• First M_I.) `� yl , =ti t ((t apply' able) T�lep one Numbers arf aca (_t(';"ti;.f;lr../ +lrY/r'�tt=, (�(./.-.. K _.,r,! ) :iG, Address tStrg;' RFD, Number, City, State, Zip 1:ode)� t♦ `f � �-� ..:% � L t—I T , � r., ((.t • 1 f `.� /'� i ! / ! l r f � �;i~.'L./ S I ^ i :.. : `/ /.' LD N. LOCATION OF PROPOSED PROJECT (Q_:' JH[ TO LUDE KETCH SHOVING HM., TO GET TO THE SITE) Government Lot(s) Quarter SecttonW Ser'ti r�(s► No 'Township(s) No Range(s) No. Lot, Block, Subdivision 4 r,� _ P,olectwdlaffecl 1-Ae OWellan:l ForOWate-::curse Fife N // Box No or ProIQEt .lddress Court. , "Y4. �JI3 of ,, /"V/ / lr�• �l % 1_•'% / `: " f�f► r ! k ownumGer.f•I//I/(its/UAi['ir M. TYPE OF -JRK PROPOSED (CHECK ONE exca4ate ❑ repair ❑ fill ❑ remove ❑ drain J abandon ❑ cinstruct ❑ other (specify) ❑ (:.stall IV. TYPE C''7 PROJECT ((:HECK ONE) ❑ shoreline ❑ shore-rrctectlon t� obstruction O dam hatine; :] harbo. bridge G other C', nd blanket U permanent 'le::k r,t:;v(specify) 0 riprap wharf ! _ Y. ES' 'BATED PROJECT COST $ YI. LENGTH OF SHORELINE AFFECTED (IN FEET Y '410 '"'.I VOLUME OF MATERIA► I I-F.D EXCAVATED (IN CUBIC YARDS) W RIEF EXPLAMATIC )JE EXPLAIN WHAT PROJECT GONSISTS OF AND HOW WORK WILL BE DONE) t_ i ,'.tlj1/� i„•(�'(.•'%live (-�f ;.CU/�. %/-_(�i 11 .:- L-.'c ,ti r .�il/. .. � //I/i1frJe i�. ` 0/C. 1U _ r- i 1`01 1 -111 C_ �l lc r / & � - r''� ail, t /.f`h'SC 11. PURPOSE O! F .,. jECT (Explaie why this project is needli ) #it Are 9NMIAL NNW ;pair ,,ated change:.' to the water and related YI. ALTERNATIVES (0:her alternattvrs to the action esources. Including unavoidable bct ,ie.•:metltal effects) / � .- _��/.�� its lr/�•/y/ �:ll!rt..`V"iU '-1 in. I hereby make appU[at: pursuant 10 Minnesota statu!eS Chapter 105 42 and all supporting rules for a perfill to r,0fk in a, C abOrtl ilemed protfC r."Is) in accorda 1rc with all sttrWi q macs plans and ethe+ tnfnrmation submitted vwtt% in.: application The tntormattr� �tII:� nd temer6s made concerning this app!tcahcn ate • •,e and correct t, the be,;! of my know+edge 1 - srq�luTc u tlrmer Qr Attthortted Ager STATE Oi u{j ' COUNTY of Subscribed and sworn to befc,,c me thK- /1 Ilion day A ..,r 19= WNte ONR Blue SWCO my c,prMlissmn expires I / / Green Watershed District (dwrvud ..'y Of CaMty (-mow 4,0 Pink At" Caps of Engineers Canary Apptu'ant '\\ SNORELNE \ 4 B. t �. o to 2u n T +, } .ter \ x1.' , r 41X � - \ \ � x 9245 r G r IMIT 3''_ c MANi2.3 t A,3 \ i x W3 7 H r xQ � ,, 3 / r \ `ti22c 2 s 1 2.;.i x 5 4_33 C �\ \ —l� 1 � x 925- f ' it 5245 S242 \ N%, � �x 9243 x9233 x 9 3 s 1 v U x So. 30/ �G v.0 T f-' # �mi0 OrrPt �.aaa tv a E,�TTOM ELE`IATIONS AiND �.ECTION LOCATiCAS SMITHS BAY IACHT CLUB ^ ; H .ft-�tq.- ft W-WOi- I (Q Z9 `�` ,� 4/7/87 S+�cT 1 Ck 30 rceetc�ec-`� 9294 3 ! 2s \I 1 24 22 1 ' p 29.4 KJV1 � IC ! 29 26 - Y4 I . ' I EXISTING• DECK i 13 DREDGING SECTIONS. ' IITHS Ei 'iX'-HT Cal.'= Cole lbw 47WISI• �.�...o*...W.. c..... ,wao &"new. wr.a m" aw W44 28 22 9294 )4 G�--- zs '\ 26 24 22 H 211 sss.•�•� DREDGING SFC:T K)NS `;MIT 1f• 5 � YACHT C! � �••�•" �.• � w�+ 4 I7/ 97 si cE,r 3 C9 3 to- Bonestroo, Rosene, Anderlik & Associates, Inc. O l 2335 W. Trunk Highway 36 Engineers & Architects St. Paul, Am 55712 611. .36•4600 October 13, 1987 City of Orono Box 66 Crvstal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139 - 1215 Smith Bay Marina Dear Jeanne, (AID G floras—, P f. Muh►r, W 1lu.r.r. 1, L J—PA C Awdrrht. P L I,edl" A Lrmhe,,. P L xwft" t' r Trr. P t Jan: es C Ofwn, P.F Gk.. R Coin, P.I Awh A Gurd.e. Pt /hump t. Wu.r.. P t- Rn herd W 1 mtr,. P f ketwl G Uham, A,. P L Ms,— L. lurveb. P L throw C. fwtard,, P E Jerry A I..fti— P L Mart A koAwn. P t. led A' FANd. P t Mr heel T XWOMUnn. P t M.d U LWA Ole. P L M-.0 W Pew'", P L Vn Awi C Lyn, A. P L Awen L It"dtu. P t Janet F Ahkwl. P L Arnnr,h P Amkrwn. P f Awl, A Met hown. P t Mu,A Al Rul/,. P L Ir .ten C 06. A IA lhoa%., L A.S.. P L (Awu.A b.Awn t ru N Pe—bAy Ne,Un Af 01m A Je,on M LOrrna We have reviewed the Smith Bay Marina application for construction of a sea- wall. The submittal of additional information will be necessary to complete the - view. A plan view showing the location of the wall along with other develo=- mer.t proposed on the property. A perspective of the wall from the lake and sections through the wall at a few locations. If you have any questions, please contact thi4 office. Yours very truly, BONESTROO , ROSENE, ANDEPLTK 6 ASSOCIATES, INC. Glenn R. Cook GRC:li 7239e k,.. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _'199 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.41, SUBDIVISION 10 (A)(B)(D), SUBDIVISION 9, SUBDIVISION (A) AND SECTION 10.22, SUBDIVISION 1 AND PER SECTION 10.41, SUBDIVISION 2 APi'P•OVES THE COMMERICAL SITE PLAN FOR SMITH'S BAY MARINA AND YACET CLUB, INC. FILE #1142 WHEREAS, Smith's Bay -Marina, Inc. (hereinafter "the applicant") has an interest in the property located at 1955 Shoreline Drive within the City of CrGno (hereinafter "City") and legally described as follows: Commencing at the intersection of the North line of Central Avenue extended Easterly with Easterly right-of-way line of County Road No. 7 thence Northeasterly 42 degrees 15 minutes past 120.05 feet to actual point of beginning thence South 57 degrees 45 minutes East 29.04 feet thence North 37 degrees 50 minutes East 130 feet to the intersection of North line of Grand Avenue extended Easterly thence North 59 degrees 45 minutes West 16 feet thence Southwesterly 42 degrees 15 minutes r,'^st 131.05 feet to Leg nning including accretions, "ORA 7,ARK" ON LAKE 'uETONKA", Hennepin County, Minnesota, (hereinafter "the property', and WHEREAS, the applicant proposes the construction of a principal structure and major restoration of the c..arina property and has applied to the City for variances to 0"unicipal Zoning Code Sections 10.22, Subdivision 1 to permit fencing 10 feet from the lakeshore instead of the required 75 feet, 10.41, Subdivision 5 (70 to permit narking stalls for 42 vehicles instead of the regtired 48 stalls, Section 10.41, Subdivision 9 to permit parking 10 feet from the street lot line instead of the required 30 feet, Section 10.4', Surdivision 10 (A) to permit the principal structure to be built 50 from the shoreline instead of the required 75 feet, Subdivision 10 (i:,) to permit the principal strur-tur-a to be built 40 feet from the side lot line adj"cent to a residential zone instead of the required 50 feet, Subdivision 10 (D) to permit 15,862 s.f. or 63.48 of hardcover (actual reduction of 10% over existing hardcover at 73.6%) within 75 ti,et of the lake where no hardcover is allowed and to permit hardcover to remain at 5,100 s.f. or 300% over the allowed amount of hardcover at 1,275 s.f. or 25% and Per Section 10.41, Subdivision 2 seeks approval of a commerical rite plan for the :jmplete restoration of a marina property. Minnesota: NOW, THEREFORE. RP, IT ItFSOT.VP.D L. the City Council of Or -no, Page 1 0f 5 ro Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2194 FINDINGS 1. This application was reviewed as Zoning File #1142. 2. The property is located in the B-2 Lakeshore Business Zoning District. 3. The O Planning Commission reviewed this application listed above and zommercial site plan Lor the complete restoration of the subject property on May 18, 19V , and recommended approval of the proposed variances based upon the following findings: A) The lot is not deep or large enough to allow strictures to meet required setbacks. B) The majority of the property is located withi lakeshore protected area where no hardcover or structi: ;s u__)wed. C) The property has been used as a commercial marina for over 40 years and was recently rezoned to B-2 in 1975. D) The proposed improvements provide a reduction of 10% in overall hardcover in addition to improving quality of storm water runoff prior to entering lake. E) The majority of improvements provide for a major reduction in hardcover immediately adjacent to shoreline. F) Access to site and parking areas have been greatly improved with a proposed single structure making for a more efficient use of the severely limited land area. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the a, . l icant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council i:indr 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 adverss-ly affect traffic conditions, light, air nor pose a fire hazard or other denser to neighboring p perty; would not merely serve as, a convenience to the applicant, bi is necessary to alleviate a demonstrable hardship or difficulty, i-- necessary to preserve a substantial property right of tnr-pplicant; and would be in keeping with the -it and intent of the Zoning Code and Comprehensive Plan of the Ci Page 2 of 5 i �r a'sed Council hereby commercial site for Smith's Bay conditions: City Of ORONO RESOLUTION OF THE CITY COUNCIL No. _ 2194 CONCLUSIONS, ORDER AND CONDITIONS upon one or more of the above findings, the Orono City grants the variances as set forth above and approves the plan dated April 20, 1987 by R.L. Wuornos and Associates Marina & Yacht Club, Inc., subject to the following 1. Owner to execute a Develrt j Agreement and post a letter of credit with the City to insure the following improvements are installed by August 31, 1988. a) Drainage/surface water treatment improvements per final plans approved by the M.C.W.D. and City of Orono - thr City would ask that an underground drainage tile system be located and its use zeviewed as part of that improvement. b) Paving of parking area, lighting, signage, and installation of grassed area p 2r plans by R.L. Wuornos and Associates dated 4/20/87. c) Reconstruction of dock adjacent to shoreline in conjunction with shoreline restoration - areas of dock located above the 929.4 elevation not to exceed a 6 ieet width. d) To construct a six feet high privacy fence along the west side lot line adjacent to the public access. 2. The executed Developer's Agreement and letter of credit (amount to be 150% of the cost of requirement improvements) must be surmitted to the City prior to application for a building permit for new principal structure. City Engineer shall review total estimate of improvement costs prior to submittal of letter of credit. 3. Erosion control shall b` employed at all times on the cite during the time of the construction of the principal structure and the shoreline restoration. 4. owner/applicant shall apply for a building permit with penalty fea for commercial dock construc'.:d prior to his ownership of the property. 5. n--molition permits are requi,.ed for all buildings to be removed. ''uch permits must be obtained by applicant at the time a permit is issued for n:�w construction. A certificate of occupancy will notbe issued for the new structure until all buildings designated for renova l `ia„c '-)een razed. 6. Owner/applicant is hereby advised that at thc+ time an application for building permit is submitted to the City, the Orono staff shall evaluate the proposal improvement and uses of the property per standarda adopted by Metropolitan Waite Control commission in the leterminat.ion of Service Availability Charges to be collected with the issuance of a build ng permit. Paqe 3 of 5 City ®f OR,®NO 1 RESOLUTION OF THE CITY COUNCIL NO. 2194 7. Owner shall reimburse the City of Orono for the cost of the installation of a striped crosswalk within the right-of-way of County Road 15. B. Authorities granted with this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a build.ng permit within one year of the date of Council approval, or this approval will expire on that date (June 8, 1988). 9. Viola -:ion of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a nisdeme`nor. 10. The undersigned applicac. has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his he; _ s, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. ' ` - " -- - City council on this 8th day of ,'u,.: , 1987. Proper ,)wner ( s Smith':: bay Marina, Inc. Jam s R. GrabG. , May(_ Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2194 STATE OF MINNESOTA ; ss. COUNTY OF HENNEPIN ) On the 3 day of 0 198 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) describ i in and who executed the foregoing instrument, and acknowl<cged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HFNNEPIN On this /Z _ y of day �, 198 /, before r,.e a tart' Publi wit n and fqV said County, personally appeared known to me to be the persons) described in ana who executed the f---goinginstrument, and acknowledged that he (they) executed ,tie same -is his (their) free act and deed. NOTARY PU 2C MY COMM I SS T--- r ,. . mot."`I. Hoar -a - - _ rrrwlS01A Page 5 of S nN cc:•vnr Air J+aU's�On •■4ntfC`ict i. 1999 )UIP'— S OF TBE PLANNING fxMMISSION MEETING HELD OCTOBER 19, 1987 N 1215 S. t BAY MARIN. 1955 SBOh-:LIAE DRIVE CONDITIONAL USE PERMIT I+OBLIC HEARING 9:55-10:03 The Affidavit of I •ati +. 3-nd Certificate of Mailing were noted. Woody Love was presen, matter. Zoning Adm•.nistrator explained the request for a conditicnd 1 use permit to ius t-a l l a seawall and variance for the structure within 75 fect of the lakeshore. Staff has not received a ,ite plan showing the location of the proposed seawall on the property. The City Engineer has also recommended submission of F-levations from the lakeshore. Staff recommends ling the application pending additional inform..ati.)n. Woody Love stated that they have a si:e plan but were not in receipt of the memo from s .:a : f requiring the site plan for this meeting. He also Pled that th have appeared before the LMCD, DNR, and -'WD regarding this proposal and assured the Commission chat they have a site plan. He asked the Commissior to make a recommendation subject to the site pl,�., hPi.ng submitted prior to Council review. fie note-1 that all other information requested has been submitted. He noted the concern of time and getting the seawa'_ 1 i ., prior to the lake freezing. Planning Commission did not fi_el that they should make recommendation without the site r' n finding the application incomplet.c. "hey adder' elevri ins of the seawall from the lakeshore are equireu There were no con,ments from t►, pul�li:. regarding ti-.is natter and t'ie publi:: heal ' nq has c' —3. t was moved by •-ohen, seconcleO Iows, to table this application pending zeceili. site plan and elevations of appropriate sec*._ions o the Feawall. Motion, Ayes 6, Nays 0. SubsW 0, -7 Smed PT& s nate 7T Ali 0 From -Atv a v /ez" t, 'RS 7Ak no T-4k",,-f - 4.c -5A�- I 4SJ- /P"i- Wilton Jonog Company "W �Of, ned 284 SMITH'S BAY • J MARHM-u - ,ell \ f � �y y e ` \ G` \ ` it r IV[ ` • I l 2 �. I .�. t•� � tea•'" /: i"�/ ; e. i �� � J - ` ter-- i'� / i l • / M / i O � r / / ` _ � `J `tom / • :� f0 O 70 •O 0'J � // • • Se•M Iw EMI July is, M7 TO: Mayor Grabek & Orono Council Members City Administrator Bernhardson FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: November 17, 1987 SUBJECT: #1219 Orono Community Church, 770 Old Crystal Bay Road - After -the -Fact Conditional Use Permit - Rest,lution PERTIN:MT ORDINANCES see:tion 10.27 Subd 3(A) (Section 10.20 Subd Y B) - Schools) Section 10.61 Subd 10 (D) - Parking Requirements List of Exhibits Exhibit A - Application Exhibit B - Applicants Addendum Exhibit C - Property Owner's List Exhibit D - inspector's Sketch of Floor Plan Exhibit E - Applicant's Sketch of Interior Building Area and Outside Parking Area to be Used by Day Care Review of Application The Council accepted the Planning Commission's recommendation regarding Mrs. Cici's request allowing her t ) occupy the current facility prior to final approval in addition to waiving the penalty fee as long as a formal application had been filed for the November 16th meeting. The applicant opened up the Day Care facility on November 1st at the Orono Community Church limited to the 29 occupant load - similar to St. Edward Episcol Church application. The outdoor play area is in the p-ocess of being fenced and should be completed by the time of your meeting. (Review Exhibit E.) There is little direction in the zoning code regarding day care use, the following applicable standards are revi?wed as follows: Per Se�--tion :0.27 Subd 3(A) a; The e;:L�ting structure meets the required 50 feet frcm all lot lines b) A fence has been erected around the entire play ea to the east of the present building - see Exhibit F. c) Outside play area: Required 1300 sq ft (26 students x 50 s(I ft) Proposed - 2346 sq It (adequate area for 47 students) Per Section 10.61 Subd 10 (D): Required - 1 stall per each 7 students == 3.7 stalls or 4 1 for each 3 classrooms 1 Total - 5 stalls Existing - 38 stalls Zoning File #1219 November 17, 1937 Page 2 of 2 The applicant should be advised that if signage is proposed Section 10.63 Subd 2(A)(3) will limit siQ_nage area to 12 $q ft. Applicant should advis::, if signage will exceed 12 sq ft. The Inspector has reviewed the area of the facility to be used by the da care. Jacobs has located specific improvements on a floor plan see Exhibit D. An inspection is scheduled by Jacobs on 11/13/87 to confirm the following has been completed: 1. Fire extinguishers installed 2. Chil6 proof caps on all electric outlets 3. Locks on all janitor closets 4. Status of fenced in yard area 5. Appropriate designation of fire exits Staff will advise on the P.tatus of these required improvements at your meeting. Flanning Commission Recommendation To approve the after -the --fact conditional use permit application of Orono Community Church that would allow designated areas of the church facility to be used by the Busy Beaver Day Care for day care use, subject to the following conditions: 1. The day care use at the facility is limited to 29 occupants at any one time. Such occupants to include students, teachers, teaching assistants, aides, etc. 2. Orono Community Church, owner of the facility, shall be responsible for maintaining all conditions established by the City for this use. The enclosed resolution has been drifted per the recommendation of the Planning Commission. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL 'ZONING CODE. SECTION 10.27, SUBDIVISION 3 (A) FILE #12 19 WHEREAS, Br !cc Olsen, an authorize(: representative of the Orono Community Church :reinafter "the applicant") has an interest in the property located a' 70 Old Crystal Bay Road North within the City of Orono (hereinafter "City'. and legally described as follows: The West 642.00 feet of Lot 2, Block 1, Crystal Crest, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for L Conditionai Use Permit to permit the use of the church buildings for dad• care use by the Busy Beaver Day Care per Municipal Zoning Code Section 10.27, Subdi vision 3 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of 0-ono. Minnesota: FINDINGS 1. This application was reviewed as .'onin File #1219. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. on November 23, 1987, the Orono Planning Commission reviewed the application as proposed and recommenf?ed approval of the conditional use permit that would allow the Orono Community Church to be used by the Busy Beaver Day Care based on the following findings: A) The applicant has completed the following improvements to insure that all fire and safety code standards have been net: i. Fire extinguishers provided; ii. Child proof caps on electrical outlets; iii. Locks on all janitor closets; iv. Outdoor play area fenced; v. Designation of all fire exists. B) The proposed use of the church is in accord with the intent of the Zoning Code and Comprehensive Management Plan. C) The operas,on of the clay care wi.1 1 not pose hazards to the public safety or welfare nor to the property owner-; within the adjacent neinhborhool. Page 1 of 4 City of ORONO f +4 t R le RESOLUTION OF THE CITY COUNCIL NO. -- --- -- - 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the day care at the Orono Community Church 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 a.ill it depreciate surrounding property values anc that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.27, Subdivision 3 (A) to permit the Busy Beaver Day Care to operate a day care facility at the Orono Community Church, subject to the following conditions: 1. Thi ; permit shall limit all day card use of the facility to 29 occur),„r-, at any one time. Such occupants to include students, teachers, teaching assistants, aides, etc. Violation of the occupancy lead may result in the irrmediate termination of this permit. 2. Thy day care facility shall he limited to 12 s.f. of signage. Eu(.•h sign shall require a building permit from the City of )rono. 3. The applicant/owner, Orono Community Church, shall be s(,iely responsible .or maintaining the conditions of this permit. Violation of or non-ccmp14 ance with any of the terms and condi- t:.ons 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. 5. Tne .nd-, signed applicant has read, urv!erstood and hor lhy agrees to the termz -f this resolution and en behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono City Council on this 23th day of November, 1987. ATTEST: Dorothy M. fiallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 Data Aec • aly %5 Fee ��►; ? ni ' Receipt Initials ,k ) CITY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERT-. LOCATION Site Address 'l• J Property Identification Number (P.I.D.) Please check one - Is the property \ abstract or torrens? (for Conditional Use Applications onlyT— Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) 4711-!254 Name Lruc.c' O 1: c k, Phone (work) w� Address (1^� ! Z City M , ,1 i;, .:i Zip - ON = (if different than applicant) Phone (home) Name _ -„� �'' _ _ Phone Address -;� � City e— zips_ Date Property Acquired (month/year) I MO. (do not) also own the adjacent parcels of land. -----------------------------------------•---------------------------------- FERS - CONDITIONAL USN PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration etc vi .D i."0. M c f A I T _. '► 4.#M YX ♦ Jf Grading and filling - 101 cu. yd. or more Seawall, re*a,ning walls within 75' of lakeshore PRD/PID - seo fee schedule OTHER APPLICAZIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement. Va-4-ion -� $ 50.00 Easement Vacation With subdivision $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRSSRNT USE OP PROPERTY Present Zoning District Present Use of Property Residential ✓ Other (specify) DESCRTPTION O1< REQUEST Describe request in detail : �,,� ,� ,.�, .-e, ki,; --------------------------------------------------------------------------- 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 348-3271) 3. Stamped, legal sized envelopes (#10) pre-aciciressed to each of the names on the above list with no return address. 4. C—tificate 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 11as not been included. --------------------------------------------------------------------------- Certification by Zoning Department thc.t Land Use Application is complete. Zoning Officials Signature Date --------------------------------------------------------------------------- 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 i_ncurre3 in review of this application, and certifies that the information supplied is true end correct to the best of his/her knowledge. Applicant's signature _ Dat- !_ OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, censultants, agents, commi scion member n, and Counci 1 rembers for purposes cif investigation .ind verification of thi:: request. Owner's signature Date --------------------------------------- ------------------------------------- Applicant must have a31 :submittals into the City offices 25 days before the t-lanni.nq Comitaission Meeting. Planninq Commission Meetings are held on the third Monday of each month. Applicants must tie present at al I scheduled review meetivgvz of the Planning rommission and rouncil, and, if an applicant ib a,lable to attend a Scheduled meeting, tv please make arrangements to have ran .autho l i ze d agent attend in your place and to ad•_-ise the Building i Zoning Of f i c (. of this change prior to the eneetinq. I. Oa -,i 3� OctoL-,� 10, 1987lu J To: Mark Bernhardson City Manager Dear Mr. Bernhardson; I am forced to move Busy Beaver Daycare from the Vineyard of the Lake Church to the Crono Community Church temporarily until I can build a new facility. I am asking for permission to move into the Orono Community Church (III October 31, 1987. My lease at Vineyard terminates October 31, 1987. 1 had conta ted the Rev. Bruce Olson at the beginning of August inquiring about a possible lease, but hoping that either our construction would start or I could extend my lease with Vineyard, I waited , little longer than I should have. I was hoping that Vineyard would contact me after cry attorney, on nuperous occasions, tried to contact them about an extension of the lease. I have tallied with the Licensing Consultant, Pat Shamion, and Tom Jacobs has inspected the Orono Community Church while Rev. Bruce Olson and I were present. Because there is no sprinkler system avail,-Ible my licensing capacity wouldbe for 26 children and three st.iff persons. I am asking for your help, so 1 will be able to move into the Orr,no Community Church by November 1, 1987, otherwise parents will be withuut daycare. Tom Jacobs has inspected the premises for Fire Safety, Rev. Bruce Olson has applied for a Conditional Use Permit and I have been in contact with the Human Services Department and can be rclicensed as soon as we have the Conditional Use Permit. I have been preparing for different possiblities, but I have ben hampered by difficulties and slow processe, Since I have run the day- care center in Oron for 9 years accordi-- laws and regulation I would appreciate any of your help to speed up th( ocess in receiving the Conditional Use Perrnit so I can still ;provide the much needec" to the community. Sincerely. Ir,,;t4,#c 1I� r I, In§eborg tici Owner/Di rector r RUN [ATE 07/21/87 BATCH MO3 35 28-1I8-23 34 0001 PROP I a R =lcp NAME SCHOOL GIST NO 27.1 TA:n'PATER SCHOOL DIST NO 273 t:At1E/AOOR 3A M-111-:!3 44 0001 VI" ADOP C :ER ""W OPONO C t1TEt; PpOPFRTIFS TA?"PAYIV ORCm rT wp PR(PERTILS I:LY.L 't7"7 C/O RE!ER''.rORO LAW FIR% 4945 HALIFAX AVE S JUITE 7 EDINA MN 55424 38 33-118-23 21 0007 PROP A11Op 00765 OLD CRYSTAL BAY RD `• C:.':'F HL`$ SCHOOL DIST NO It Tt: PLYLR 5CH L DIST 1:0 11 HEp2rEPIN COUNTY PROPFPTY INFORM:%TIOt1 S:'STE l PROPERTY OWNERS LIST 33 28-118-23 43 0002 009SO OLD CRYSTAL BAY RD N ALBIN F THIES ET AL ALBItl F THIES 1442 HMSTEAO TRAI _ LCt16 LAKE MI 55350 M 33-118-23 11 0013 (MONO PLAZA REIEP_:;ORO LAW FIR;T 4945 HALIFAX A%E S SUITE 7 E9IN4 114 55424 TOTAL BATCH 103 C0007 REPORT NO. PI435401 PAGE 10 30 28-118-E3 43 0003 00770 OLD CRYSTAL BAY RD N REN LIFE BIBLE CHURCH ET AL OROtb COMMUNITY CHURCH 770 OLD CRYSTAL BAY RD N LONG LAKE MI 55356 38 33-118-23 12 0003 WILLOW PFOPEr 'ES WILLOIA PPOPEk.IES EDINA PPOFESSIONAL BLDG 4945 HALIFAX AVE S SUITE 7 MPL:, MN 55424 I CFRTIFT ;ter TN! {-ACTS REPRESENTED ARE AN ACCURATE AND TRUE REPPESENTATION nF INFORMATION AS IT APPEARS THIS DATE GN THE RECORDS OF THE H0*1EPIN Cr"WTTY DEPARTM UT OF PROPERTY TAXATIUNs TOPE BEST OF MY KN(%4LF0GE AND BELIEF. / DATE BY �S u 4 r! ZA -,giz Iv ft./44 AAA!Z� GV w SAW 4ntrjw Aw*, LA ..__ _ %Ao IA • r r IM (14 owdww W-0 4ft 4�A 71! wv rKAm iqA --L I) V CAp---- Cant ALL C-7t.,Ec::—j- OJTLf'-T%.. t. ''I A) c L -% eDA-) A LL- r I O-Se TS -Ir• i J 4ci . IF 3r To: Mayor Grahek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: November 17, 1987 Subject: #1224 Minnetonka Boat Works - 1449 Shoreline Dr - After -the -Fact Conditional Use Permit - Resolution Zoning District: B-2 List of Exhibits Exhibit A - Application Exhibit B - Applicant's Addendum Exhibit C - Plat Map Exhibit D - Property Owners Dist. Exhibit E - Dock Layout Exhibit F -- MCWD Permit Exhibit G - DNR Permit Exhibit If - Design Information Exhibit I - Lift Layout/Plans Pertinent Ordinances: Section 10.41, Subd. 10 D - no permanent structures within 75 feet of the shoreline. Section 10.03, Subd. 19 - no land alteration within the lakeshore protected area within a Conditional Use Permit. Section 10.55, Subd. 8 - no permanent structure within 0-75 feet of the lakeshore without first seeking variance approval. Review of the Proposal: At the October 26, 1987 Council meeting, Council allowed the applicant to proceed with the alteration and waved the penalty fee as long as a formal application for Conditional Use Permit/Variance had been filed. The applicant proposes an upgrading and expansion of the boat lift at the Orono facility of the Minnetonka Boat Works. The Orono f aci 1 it,• will service 3 of the 1 arger boats currently stored at the Wayze to facility. Zoning File #1224 November 17, 1987 Page 2 of 2 In fact, the applicant advises that the majority of winter boat storage units will be provided at a future site in Delano. These specfic larger boats cannot be transported via the public roads and will be limited to storage immediately off the lake. Applicant should advise of the long term plans for storage of these larger boats. Planning Commission may wish to review number of boats currently stored on land at the Orono facility and determine if there is a need to reduce further the number of boats stored because of the storage of these larger boats. The B-2 code provides no specific di.-ection regarding boat lifts and yet these structures are an integal part of a marina and boat yard. Review exhibit I, the plan shows a lakeshor.e extension of 8 feet of the current ramp structure. The boat well has been e::panded 3 feet and a steel sheet will be installed around peremeter of t},e boat well. Both DNR and MCWD have issued perwits (Exhibits F & G) for the alteration. The building inspector has approved the plans as proposed anC a permit has been issued to commence installation. In reviewing the dock layout, it woulc appear that the enlargement of the boat lift will have no effect on current dock structure as expansion is to the north - away from docks. Staff Recommendation: To approve the after the fact conditional use perr;,.t/variance application of Minnetonka Boat Works that seeks to enlarge and upgrade the current boat lift at the Orono facility resulting in an increase of 62.5 s.f. over the existing lift structure at 557 s.f. of hardcover for a total hardcover at 61.9.5 s.f. based on the following findings. 1. A boat lift has existe l on the commercial site for many years and has serviced the present marina. 2. The current construction will be superior to former structure. 3. A boat lift is an intergal part of the operation of any marina. Approval is subject to the following conditions: 1. Applicant to provide information as to numbers of boats to be stored at Orono facility - will these larger boats continue to be stored at Orono facility after Delano storage site is upgraded. 2. Conf i rmation that present dock 1 ayout wi I I not be a 1 tered i f so a building permit will be requested for such alteration. The Planning Commission did not choose to address the issue of winter storage of boats as this appeared to have no bearing on the present application and woul� be better reviewed under a more comprehensive application. The lift —; being installed to upgrade the exist.inq facility not just to provide co. ---.city for storage of three layer boats stored at Wayzata facility. Plar.,ing Commission accepted staff's recommendation but omitted Condition /1. The enclosed resolution has been drafted per the Planning Commission recommendation. CCity of ORO'O RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19, AND A VARIANCE TO SECTION 10.41, SUBDIVISION 10 (D) AND SECTION 10.55 SUBDIVISION 8 FILE #1224 WHEREAS, S. Eyron Heinark, manager of the Minnetonka Boat Works (hereinafter "the applicant") has an interest in the property located at 1449 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: North 1/2 Section Ll, Toc•rnship 117, Range 23 commencing at a point on shore of Lake Minnetonka w!A ch point is found as follows beginning at Northeast corner of Government Lot 1 thence Couth 10 degrees East 836.05 feet thence North 67 degrees 48 minutes East to shore of Lake Minnetonka then Southeasterly alonq shore 50 feet to point of beginning of land to he described Southerly along shore of said Lake to Southeast corner of Government Lot 1 thence West to shore of Mud Lake thence Northerly along said shore to a point which bears South 67 degrees 48 minutes West from point of beginning thence North 67 degrees 48 minutes East 151 feet to beginning except road. P.I.N. 11- 11:'-23 22 0008 (hereinafter "property); and WHEREAS, them applicant has made application to the City of Orono to permit the installation of a replacement boat lift that requires land alterations within t:-F: lakeshore protected area requiring a Conditional Use Permit per Section 10.03, Subdivision 19 and a variance per Section 10.55, Subdivision 8 and per Section 10.41, Subdivision 10 (D) this installation also involves the replacement of a boat lift resulting in an increase of 62.5 square feet in hardcover over the exisr-ing boat lift structure at 557 square feet for a total increase in hardcover of 619.5 square feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning file 01224. 2. The property is located in the B-2, Lakeshore Commercial Zoning District. Pago 1 of 4 ,...� f City of ORONO RESOLUTION OF THE CITY COUNCIL 3. The property is approximately 2 + acres in area. 4. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended appi ovr :l of the above referenced •variances and the granting of a conditional use permit based on the following findings and hardships: a) A boat lift has existed on the commercial site for many years and has served the present facility. b) The proposed construction will be superior to former structure providing greater flexibilty in use. c) A boat lift is an intergal part of the operation of all marinas and/or boat works. d) The function and use of this structure prohibits placement out of the 75 feet lakeshore setback area. 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 danager to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demostrable 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. 6. The City Council finds that granting a conditional use permit to allow the land alteration to install the lift with the lakeshore protected 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 surrounding property values and that the proposed level of use of the property wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findngs, the Orono City Council hereby grants varainces to Municipal Zoning Code Section 10.41, Subdivision 10 (D) and Section 10.55, Subdivision 8 to allow i stallation of a replacement boat lift within the lakeshore Erotected area and grants a conditional use permit per Section 10.03, Subdivision 19 to allow land alteration with the lakeshore protected areas, 5uh act to tho following conditions: Paqe 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. Applicant is advised that in the event it is necessary to reconstruct docks next spring as a result of this installation. A building permit must be obtained from the City of Orono prior to reconstruction. 2. Authorities granted by this resolution run witT the property not with the owner, but are permissive only and must be completed within one year of the date of Council approval or the special conditions of this resolution will expire on that date (November 23, 1988). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of November, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabe , Mayor Property Owner(s) Page 3 of 4 UaLe Rec'a , r Fee -' � � Receipt , �. '.i Initials ?. r GENERAL LAND USE APP TION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1449 Shoreline Drive Property Identification Number (P.I.D.) 11-117-23-220008 Please check one - Is the property �_ abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) 474-7G34 Name S. Byron Heimark Phone (work) 473-7305 Address 55 West Point Drive City Lo nka Bay Zip 55331 ------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home)_ Name Minnetonka Boat Works Address 294 East Grove lane Pnone 473-7305 City Wayzata Zip 55391 Date Property Acquired 8-85 (month/year) I Cdoj (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $15u.00 b) Institutional (church, school, etc.) $150.00 c) Duplex ( idit/Bldg $250.00 d) Commert !./Industrial. Use LT �Lc <�FI4E _ $200.00 f ) Land Alteration A IL 2X.00 Grading and filling - 101 cu. yd:"tar -Ater&W Seawall, retaining walls witbik., 7.b1- lakeshore A .87 PRD/PID - see fee schedule OTIM APPLICATIONS $150.00 Commercial Site Plan Review (+ ccnsultant fees) $250.00 Vacation _ $150.00 Easement Vacation $ 50.00 Easement. Vacation With subdivision $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District 3- 2 Present Use of Property Marina Residential Other (specify) -------------------------------------------------------------•-------------- DESCRIPTION OF REQUEST Describe request in detail: Enlarge Travelif* Pier 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 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate o- 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. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to proviie all information required it requested by the Zoning Administrator, agrees to pay all fees and r unusual expenses incurred in review of this application, and certifies t-at the information supplied is true and correct to the best of his/her knowledge. Applicant's signatures - r -j- Date OWNERS SIGNATURE The owner hereby acknowl,-dges and agrees to this application and further authorized reasonable en4.ry onto the property by City staff, consultants, agents, commission meN bers, and Council members for purposes of investigation and verification of, this request. Owner's signature c� I�1cll �- i _ Date (J - 2- ) �i' Applicant must have al submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of coach month. Applicants must- be presert at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have ai, authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to x-te meeting. Waynta Afton V MINNETONKA BOAT WORKS October 13, 1987 Ms. Jeanne Mabusth City of Orono Box 66 Crystal Bav, Minnesota 55323 Dear Jeanne, P O Box 549 294 East Grow Lane Way. ata Minnwots 155391 612 / 41,34305 P O Box 67 16071 Sr.dh 3151 Street 41tn.. Minnesm / 55001 612 / 436466Z7 We would like a permit to reconfigure our Travelift boat launchinq pier per the attached drawinq. We have purchased and received a new Travelift and would like to proceed with this project et once. It will equire widening the current pier by 3 feet and extending it 3 feet. Thank you, By on Heimark President BH/ap Enclosure > i' .:ten, ' (,rn#Mr Ind%+/r14•, In( MM DATE i0/20/87 BATCH 002 38 11-117-23 22 0004 PR(`P ADM 01440 Stif)VELINE OR O'.-l:TR NAME JAMES P FIVERS ETAL TAXPAYER JAMES 0 RIVERS NAME/AD'IP 1444 SHORELINE DR WAYZATA MN 55391 38 11-117-23 22 0007 PR'3P ADDR c"'IrR NAI E J P N1 M A RIVERS TAr-FAYER JAMES P i MtP Y A RIVERS N MEiAO^R 14" CWNTY ROAD 15 MAYZATA MN 55391 38 11-117-23 22 0011 tV0P ADM 01432 SHORELINE DR C%NER NAME LAUREN E BO?N ET AL T`<PAYER LAUAEN E BORN NAME!AODR 1432 SHORELINE Dig WAYZATA MN S5391 38 11-117-23 23 0002 PROP ADM 01475 SHORELINE OR C14NER HAVME ROURT P SCHMITT • WIFE TAXPAYER ROBERT P SCt=MITT NAME/ADOR 1475 SHORELINE OR ORtXiO MN S%391 36 11-111-23 23 0017 POOP AOOR 00'.EW NAME C A 5 PLATOU TA/PAYER J 0 SURBER NAME/ADOR 6132 NO YUCCA RD PA,IPAOISE VALLEY AZ 8525; HENNFPIN CO(lr1TY PROPERTY INFORMATION SYSTEM PROPERTY OLRtERS LIST 38 11-117-23 22 COOS 01442 SHORELINE OR JAMES P RIVERS ETAL JAMES P RIVERS 1444 SHORE L IITE DR WAYZATA MN 55391 38 11-117-23 22 0000 01449 SHORELINE DR ODERG BOAT AND SUPPLY CO MTN?TETOfW,A BOAT WORK P 0 BOX 549 WAYZATA N24 55391 38 1.-117-23 22 0012 01420 SHORELINE OR 0 A 0 110kLPER DAVID W HALPER 1420 SHORELINE OR OPOttO MN 55391 38 11-117-23 23 0011 01485 GREEN TREES RD R A C THOMAS RALPH THOMAS A ASSOCIATES 6831 5TH AVE E SUITE 100 SCOTTSOALE AZ 85251 TOTAL BATCH 002 00013 REPORT NO. PI43S401 PAGE 3 38 11-117-23 22 0006 01444 SHORELINE OR J P i M A RIVERS JAMES P & MARY A RIVERS 1444 COUNTY ROAD 15 WAYZATA MN 55391 38 11-117-23 22 0010 J P R M A RIVERS JAMES P A MARY A RIVERS 1444 COUNTY ROAD 15 WAYZATA MN 55391 38 11-117-23 23 0001 OCCRS BEai AND SUPPLY CO MIt":ETONKA BOAT WORK P 0 BOX 549 WAYZATA MN 55391 38 11-117-23 23 0012 0V495 CREEK TREES RD J ! WALKER E S S WALKER JAMLS A d SHAROH S WALKER 1495 6:7EEN TREES RD 14AYZATA MN 55391 RTIFY I -RAT THE FACTS REPRESENTED ARE AN ACCUPATE AND TRUE �ESENTATIC'i OF INFORMATIC AS IT APPEARS THIS DATE ON THE RECORDS u. THE HENNEPIN COU11TY DEPARTMENT OF PROPERTY TAXATION TO THE BEST OF MY KNOWLEDGE AND BELIEF. -� DATE / I� BY L LW � u rt cz c_ i Q A✓�, / ,, r=7- (- c ,Z �. SI.aIN S MY n�Nuc.ruuv. N^rt.r.r., "X +sorts„ ��: nr�-�, n��aeT1► .[u ota.i- ►try JAPIUARY ff. A67 0� SAy Np �j hA T 31 4,r i • I si a,m, P.O. Box 387, Wayzata, Minnesota 55391 KW OF MANAGER& David H Cochran, Res - Albert L Lehman • John E Thomas Camille O Andre • James R Spensley - Richard R Miller • Michael R Carroll Permit Application No.: 87-202 Owner: Minnetonka Boat Works Box 549 Wayzata, MN 55391 Location: City of Orono, Sec. BA Purpose: Replacement of an existing boat Dear Mr. Heimark: "tt L►RE MINNETONKA ,r t: October 16, 1987 lift with a larger one. At the regularly scheduled October 15, 1987 meeting of the Board of Manage•:-. the subject permit application was reviewed along with the follcwing exhibits: 1. Permit Application No. 98-202, received October 13, 1987. 2. Site plan of project area prepared by Sathre-Berquist dated October 12, 1987. 3. Site plan of the Marina area. The Board approved the permit application. Thisdocument is your permit from the Minnehaha Creek Watershed District. It 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 wtrk in progress. EUGENE A. HICKOK AND ASSOCIATES Engineers for the Distric "aeante , :. loll le -7 --_ --- — ate of IssuV/ cc: Board G. Macomber Sathre-Berquist J. Boudreau, DNR i.A-L4133-U1 INME3OTA PROTECTED WATERS P.A. Number 1 , I Department utat�rsi Resources _ 88-6127 J Division of aters PERMIT NOV 31987 Pvrsuanl t0 Mlnnl,Ota 7Latuils. rhdcttr 105, and on t�'t' �ay�s ❑f sla-.txGnt, and.in�Ireatlor contained :n permit application, letters, maps and clans subx.tted by to acplicant and ethers suppcI irg data, all -f are made a part hereof by reference, PERMISSION IS HEREBY GRANTED o the applicant nj8e7 below to change the course, rurrwnt nr rrnce cartinn of the fnllnwinn' Protected Water County Lake iinnetonka (27-133) Brown's Bay #28 I Hennepin Name of Applicant lt.ephone Number (include Area Code) Minnetonka Boat Works, Attn; Byron Heimark (612) 473-7305 Address (r.. C Street, Rtu. Box No., City, State, Zip Code) P.O. Box 549., Wayzata, M. 55391 Authorized to: replace an existing boat lift w-th a larger unit. Modify an existing pier that when completed will have overall dimensions of 30-feet wide by 50-feet long, and to maintain a marina facility with 66 "watercraft availability units" as approved by the Lake Minnetonka Conservation District on January 28, 1987. urpose of Permit: r Ex4 rationDateof Permit tructural encroachment - Marina/Pier improvement ' June 30 1988 Property Described as: 1 County NWk, Section 11, Township 117 North, Range 23 West I Hennepin As Indicated: (8) As indicated: (11) The ordinary high water level does not apply elevation 929.4, RIGVD, 1929) this permit is granted subject to the following GENERAL and aPECIAI PROVISIONS: GENERAL PROVISION, 1. This permit is permissive only and shall not release the permittee from any lis�ility or :tii;aticn ie.csed by Minnesota Statutes, Federal law or local ordinances relatiry thereto and shall remain in force subject tp al. conditions and limitations now or hereafter imposed by law. 2. Th•s permit is not assignable except with the written consent of the Commissioner of Natural Mesources. 3. Tha Regional Hydrologist shall be notified at least site days in advance of the coarencement cf the wort a th:ri:e: hereunder and shall be notified of Ls completion within five dais thereafter. the rcti'e :F .ss.r: by the Commissinner shall be kept securely posted in a corspicucus place at the site of operstiors. 4. No chanoe shall be made, without written permission previously obtained from the Commissioner of Natural resources, in the dimensions, capacity or location of any items of work authorized hereunder. 5. the permittee shall grant access to the site at all reasonable times during and after canstrvction tc authorized representatives of the Commissioner of Natural Resources for inspection of the wnrk authorized hereunder. 5. This Permit may be terminated by the Commissioner of Natural Res0urces at any time he deems it necessary f r the conservation of water resources of the state. or in the interest of public health and wel*are, or f:r vioiati�m of any of the provisions of this permit, unless otherwise provided in the Special Frovisicrs. 7, Construction work authorized under this permit shall be completed on or before date specified above. Upon w-itter request to the Commissioner by the Permittee, stating the realer therefore, an extension of time may to cbtr,ned 8. the excavation of soil authorized herein shall not be construed to include the removal of :rgar,ic tatter 'as indicated above) unless the area from which such organic matter is removed, :s impervious, cr :s seared by the application of bentonite after excavation. 9. In all cases where the doing by the permittee of anvthing authorized by this permit shall involve the taxirg. using, or damaging of any property rights or interests of any other person or persons, or of any ruDiicly ,wre. lands or improvements thereon or interests therein, the permittee, bei,re ^roceeding therew:t". s"all :stain tte written consent of all persons. agencies, or a6thoritle? toncerned, and s►all ecouire all trr;'rrrv,-!gt•ts and interests necessartr therefore. 10. This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of it; officers, agents or ee.ployees, officially or personally, on account of the Granting hereuf or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, emplo;ees, or contractors relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents. empleyees, or contractors for violation of or failure to comply with the permit or applicable provisions of lru. 11. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above). 11. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 13. This permit does nct obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U.S. Post Office and Custom House, St. Paul, Minnesota 55101. SPECIAL PROVISIONS 14. The permittee s!,all comply with all rules, regulations, requirements or standards of the Minnesota Pollution Control Agency a:id other applicable federal, state or local agencies. 15. Permitt3e shall ensure that the contractor has received and thoroughly understands all conditions of this permit. 16. Excavated materials shall not be deposited or stored along side the protected water in a :manner where the materials can be redeposited into the protected watez by reasonable expected high water or storm runoff. 17. Dock str.jctures shall be maintained in good condition. Any alteration or reconstruction (rebuilding at a cost exceeding 50% of replacement cost) of the docks :rust be authorized by amendment to this permit. cc: USCOE Hennepin SWCD City of Wayzatat/ Minnehaha Creek WSD LMCL S. Walter, C.O. S. Focht — St. Paul Waters Lake file AutAorited Signatur title Date Kent Lokkesmoe ✓ Re iondl Hydrologist 9 pc:soe�,L, 2y If ,7 n OISt' J 4 t .. 57. ,y r Mrxie( 2hAFM at,Brenr►er N1ii �e ,Y��,,,y'!) hauling a cnrisCrattna Fast, Economical Solution to Modern Boat Handling! • Awaid winning BFM desi9:• Mechanical anti -two -block hoist blocks � Forward front beam . snore riggir#g' � . • All stainless steel hydraulic tubing clearance standard • New high strength law alloy structural • Four hoist system . . standard frame material • Low mount engine and hydraulic ' • New forward sling adjustment • behind compartment . fully enclosed front beam ' '" • Ulrct wheel hub drive system with • Longer adjustment range T4closed -end torque -hub drive unit sling , up to 9' power adjustable mARn / �"' You Get Features Never Before Available In A Hoist So Affordably Priced HEAVY DUTY CONSTRUCTION Main frame is high strength, low alloy steel Hydraulic tubing is stainless steel Pivot trunnion perr side frames to rotate over uneven yard terrain . neutr, es structural stress under load FRONT BEAM POSITIONED FORWARD of the front wheel center line provides added clearance for bow rigging and foredeck strL' . _ - permits exact positioning of front sling to achieve maximum load balance FORWARD SET OF SLINGS ARE POWER ADJUSTABLE from the operator's compartment Forward sling is adjusted aft of the front beam for better versatility in handling various types of boat hulls and helps to move the spar and rigging back from cross beam FOUR HOIST WINCH DESIGN More than double the hoist speed of previous comparable modes . at the same horsepower' Precision, independent hoist control at all four corners permits rolling the boat as well as tilting fore and aft . . . all at the operator's fingertips STRONG, LONG LASTING NYLON SLINGS feature 'quick - disconnect" and have an alternate shortening eye feature to permit fast shortening up to accommodate hull shape variations. V C ,. I 1 iJC ' cc tms� Yrl,ri '� 7IP S7fi3is�,_- •••-N.'t+.n U.S. SPECIFICATIONS MEASURE METRIC Rated lilting Capacity ... . 50.000 Ibs 22.680kq Hoisting speed (no load) ........... 16 I p m 4 9mpm (ratlld load) ..........12 f p m 3 66mpm Travel speed (low range) ............180 f p m 54 9mpm Shipping wt (approximate)....... 19.00O ibs 86164kg Engine make and model (gasoline) Continental TV. 2 7 (164 cu in 1 Horsepower ................ .....55HP(a2000RPM Oplional diesel engine ... ...... Continertal TMD 2 7 Cooling ....................... Liquid Nyi• •i slings standard.. .... .... ..(2) Each 10" wide x 26 long with center disconnect reader bars available. Third sling also available Cable Size ................... ..... 7: 16" IWRC 4 Part Coiner - ifi total parts Cable need for 1' drop ..... .. .... 16 It Depth of cable below grade (standard) ............ ... (optional) ........ .... DIRE( t CONNECTION OF SLINGS TO SLING BLOCKS with mechanical anti -block system built-in greater usable lifting heights Diameter of roller bearing mounted sheaves is a minimum of 18 times the wire rope diameter provides smoother hoisting action and longer rope life TILLER STEERING CONTROL provides 90' pivot steering on the drive wheels Fast. travel speed drive STANDARD BRAKE SYSTEM Free wheeling drive system Coast in neutral operator reverses drive control to decelerate Spring applied hydraulic release parking brake holrs machine stationary while parked or picking up a boat OPTIONAL EQUIPMENT AVAILABLE includes weight indicator with full time readout. power jib crane, sling chine and wear pads. spreaders. motion control brake valve, fully enclosed dual parking/sery ce brakes OPTIONAL DUAL PARKING/SERVICE BRAKE SYSTEM This brake system is more like a conventional brake system on a truck or cal where operator controls the stopping or service brake with a treadle to decelerate and has a spring applied parking brake to hold machine stationary i •[,Mww, 9 O -k.w,; Ties, aircraft type (recapped with lug type tread) 15 50 x -,o Tire pressure .. .... .............. 85PSI Turning radius at 90° — Inside . .....0' Outside . ................78. Gradeability (fun toad) ...........6 5% Gradeandify shown is for concrete or asphalt For other surfaces deduct as follows Hard packed ground or gravel . . 2%. Loosegravel 2 to 74a. Mud 2 to 13%. Soft sand 4 to 13% NOTES STANDARD EQUIPMENT includes fuel tank, slings. hot-), hand throttle travel warning alarm, spring applied parkinq brake Instruments included are ignition switch, water temperature and Cs,! pressure gauges. fuel gauge, choke ammeter and hour r*,rti,i sang adjustment on closed end 510" 1524mm OPTIONAL EQUIPMENT AVAILABLE includes full bme ,,':idoot and 2170" 6096-m weight indicator Dower jib crane, sling chine and wear pad • spreaders motion control brake valve. fully enclosed dual parkmgisei v,ce hrekes Marine Travelift Boat Handling Specialists 49 Last Yew ', 4.'1y Yil klairne Travelift ser„ce engineer sut.ervises in the asseri.rxty c.t ;r s oin•.• ristructs purchasers rSirsonnel in the operation and ir.amt.•, anc e of t^e boat hoist in the 48 contiguous states and Canada mnRinE i Sprcihoations are Subject to chart" w:n•out �obre '. T " aIFTirx. Q.. /6'0" De+QED Lin&S : Ex I STI N ci � =f rTTT 1 41� To: Mayor Grabek & Orono Council Members % City Administrator Bernhardson yf From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 23, 1987 Subject: #1220 Robert Koehnen, 537 Hanlon Avenue - Variance - Resolution Application - Front setback variance to construct a 16'x24' room addition. Zoning District - RR-lB, 2-acre List of Exhibits Exhibit A - Resolution Exhibit B - Memo & Exhibits of 11/3/87 Exhibit C - Draft Planning Commission Minutes of 11/16/87 Pertinent Facts - Lot Area = 0.44 acres Front Setback Required = 50' Existing = 23.1' Proposed = 22.1' Discussion - Thi: item is presented to Council at the request of Councilmember Goetten t)ased on a verbal commitment by staff approximately 5 weeks ago to bring th..s item directly to Council after the Planning Commission meeting, which staff had overlooked. Please review the memo and exhibits of November 3, 1987. The request is for a room addition extending the existing :rout line of the house which has a substandard setback. At their November 16th, 1987 meeting, Planning Commission voted 5-0 to approve the proposed variance based on findings noted in the November 3rd, 1987 memo. Staff Recommendation - Staff recommends approval per the Planning Commission recommendation, per the attached resolution:. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE #1220 WHEREAS, Robert Koehnen (hereinafter "the applicant") is the owner of the property located at 537 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 4, 5, and 6, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of an addition to the existing residence located 22.1' from the front lot line where a 50' front setback is normally required. Minnesota: NOW, THEREFORE, BF IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 0122u. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended approval of the proposed variance based upon the following findings: A) No location abutting the muse is allowable for constructing an addition without a variance. B) The proposed addition con+-inues the front and rear line s of the existing house. C) The nature of the proposed addition is not out of character with the surrounding neighborhood. D) The addition will result in no additional encroachment on light, air or open space in the neighborhood and will have no effect on neighboring properties. 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. Page 1 of 3 5. The City Council finds that the conditions existing on this property are peculiar t�+ 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 demon- strable 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. CONCLOSIGNS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of an addition to the existing residence, such addition to be located 22.1' from the front lot line where a 50' front setback is normally required, subject to the following conditions: 1. Authorities granted with this resolution run with the property not with the applicants, } 1 are permissive only and must be exercised by application for a bt lding permit within one year of the date of Council approval, or tais variance will expire on that date (November 23, 1988). 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violatior of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant have read, understood ant' 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 23rd day of November, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 2 of 3 To: Planning Commission Chairman Ye.�ley & P13nning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator. Date: November 3, 1987 Subject: #1220 Robert Koehnen, 537 Hanlon Avenue - Variance - Public Hearing Application - Front setback variance to construct a 16'x.24' room addition. Zoning District - RR-lB, 2-acre List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Building Plans Submitted Exhibit F - Letter to Applicant Dated 10/1/87 Pertinent Facts - Lot Area = 0.44 acres Front Setback Required = 50' Existing = 23.1' Proposed = 22.1' Discussion - P.pplicant is requesting a front setback variance to construct a 16'x24' room addition to the south side of his residence. The addition continues the front and rear lines of the e--ist.ing house, which is slightly skewed on the lct re.,:ulting in a slightly deci,�ased front setback from what now exists. The addition will be 38' from the edge of the traveled roadway. Due to the location of the existing house, any addition would require a setback variance. This property is not subject to hardcover calculations. Staff Recommendation - Staff recommends approval, based on the following findings: 1. No location abutting the house is allowable for constructing an addition without a variance. 2. The proposed addition continues the front and rear lines of the existing house. 3. The nature of the proposed addition is not out of charac with the surrounding neighborhood. 4. The addition will result in no significant encroachment on light, air, or open space in the n-ighborhood and will have no effect on neighboring properties. CITY OF ORONO - VARIANCE APPLICATION Receipt Initials _ Initial Application Fed $ljO.00-($50.00 per each additional variance) Renewal Variance Fee $75.-40 (no change from original application) After -the -?act Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address -17,3 7-},>���., .� p� �� T Property Identification Number (P.I.D. ) Qom. - ((S- Please check one - Is the property abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home)(/ 7- 3 S 4 3 Name -Pn6V_ra•, Phone (work) L{ % 3 -s2:�� 3 Address: 5_3"? NAA:J e n, (-JL1c City: c� eq 7. 4trs- Zip: szc? OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Date Property Acquired Zip: (month/year) I (do) (do not) also own the adjacent parcels of land. _________________________________________________----______---_..s.).{.:.i{1._ PRESENT USE OF PROPERTY - f i r, cIt Present Zoning District; T iJv.i�4 Present Use of Property r,,� ��_�- Resi4en4' T. f :J3 Other (specify) __" --------------------------------------------------------------------------�4i DESCRIPTION OF REQUEST Estimated Construction Cost $EJ10 Cod Describe request in detail: VARIANCES REQUIRED Lot Area Setback Variances Lot Width ( Front Side Hardcover Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: _I. Pp 1 j4cc, rr,',rjLi It. C(- ---------i----------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Kje,•t- 'S6_�-BSr,, pS:&& G w a Q,,,S- WUIRED SUBMITTALS (l. Completed Application Form l7J Certified Property Owner: List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271)• L� (. ��r�C i/'1 t- f ETl�:�7/�� L ITT y�'r.t /^1•i�/ l9f (�, . 3 Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. (i1 4. Certificate of :surge; cluding hardcover calculations as required. 5. Plat Map. ------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Ple- remember that your variance application is not complete if the above informat.lon has not been included, Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Admiristrator, agrees to ray all fees and/or unusual expenses incurred in revs If this application, and certifies that the information supplied is tru-u d correct to the best of his/her knowledge. Applicant's Signature1 Date 1(ti / ',� L_/_ OWNERS SIGNATURE The owner hereby ackowle::,, 2s and agrees to th application and further authorizes reasonable entry onto the property bj 'ity staff, consultants, agents, Commission member., cnd Council members f r purposes of investiga- tion and verification of s request. 7 Owner's-Sign_.tore-=� _� ...^ �- Aw----------- --Date-�- —1_� Applicant must have all into the City offices 25 days before. the Planning Commission Meetir.(- Planning Commission Meetings are held on the third Monday of each r•^nth, s,ppl scants must be present at al 1 sChedu led review meetings of thr :a , Ar:..i ng Commission and Council, and, if an applicant is unable to ;.j ' ( .:,a a sct eduled meeting, to please make arrange- ments to have an authori ,1 .,gent attend in your place and to advise tht, Building z 7oning Off.i-• change prior to the meet inq. pis �1 i e U vit— .:` Ly- „ SLOG 12 Y'NNE4GMK1 96UFFS i CI r 7 _ ' 24 . 22 3 22 3 4 Ao 3 J 41 ....Ljj = 21 2 IiJ J' ` 44 a V) _' V) o s �i�i 0 e Is ° cr 6 jr 47 1!; 9• Ixt i 9 1� A 2 9 • 14 E13l" 12 13 �1 a „�: F'w4 DATE 10/07/87 BATCH 'r07 38 02-117-23 31 0013 PROP ADOR C^_50' HANLON AVE G.3:ER tUME I & M BERGSAGFL TAXPAYER 0 H L B I FI�.ISCFIMAtN NAMEIA�,DR 500 HANLON AVE O. Ot.J Mkt 55391 38 02-117-23 31 0016 F'?OP ACOR 00565 HANLON AVE C .JIER taME GAIL L GRZESKOWIAK T i., -YER WILFRIED d JUDY i1OYER 565 HANLCII AVE WAYZATA MN 55391 39 02-117-23 31 OOZO FROP ADOR OL,YER NAME H D MEYER ETAL TAXPAYER H D MEYER t3AYE/ADDR BOX 111. WAYZATA MN 55391 30 02-117-23 31 0023 FPOP ADOR 00540 BARRETT AVE 0 :LR NAME B i T CLARK TAXPAYER CHARLES K PETERSON NAME/ADDR 540 BARRETT AVE WAYZATA MN 55391 38 02-117-23 31 0033 PPOP ADOR CZ -'ER t,0.'SE CEDRIC DETTLOFF TAXPAYER CEDRIC DETTLOFF to E/ACDR 1255 DICKENSMI ST WAYZATA t4I 55391 38 02-117-23 31 0036 PROP AODR Ml;ER NAME T A I G A FISCHER TAXPAYER THEODORE i GERiRUOE FISCHER NAME/ADDR 3 ALAMEDA PLACE HOT SPRIt:vS VLG AZ 71909 HUD4EPIN COUIITY PROPERTY INFORMATION SYSTEM REPORT NO. P1435401 PROPERTY %1NERS LIST PAGE 12 38 02-117-23 31 0014 38 02-117-23 31 0015 00521 HANLON AVE 00537 HANLON AVE DAVID MARTIN HILL i WIFE R V 9 M E KOEHNEN DAVID MAPTIN HILT. ROBERT i MICHEL KOEHNEN 521 HANLON AVE 537 HANLON AVE )RONO Mtl 55391 WAYZATA MH 55391 38 02-117-23 31 0017 38 02-117-23 31 0018 01300 FOX ST GAIL L GRZESKOWIAK R A K TSCHIDA GAIL L 6PZESKC:.'IAK ROBERT G TSCHIDA 4320 W 39TH ST 1300 FO;' ST ST LOUIS PARK t41 55416 WAYZATA MN 55391 Y `+ 38 02-117-23 31 0021 38 02-117-23 31 0022 01300 FOX ST 00540 BARRETT AVE STATE LAtM DEPT C 8 T CLARK ('- STATE LAIM DEPT C11:RLES K PETERSON FOR SALE TO ADJACENT 540 BARRETT AVE �- PROPERTY OWNERS O:1LY WAYZATA MI 55391 38 02-117-23 31 00:6 38 02-117-23 31 0028� 00539 KEENE AVE STATE LAt9 DEPT 0 HARALD ERIKSEN STATE LAtZ) 'T 0 HAPALD ERIKSEN ADJACENT O'.7+r.9 ONLY 6219 ZEALAND AVE N FALL OF 1937 MPLS Ml 55428 38 02-117-23 31 0034 STATE LAM; DEPT CHARLDIIIE M MILLER 9416 63PO AVE N BRCCKLYN PARK MN 55428 38 02-117-23 31 0037 00530 HANLON AVE W E L THIES WILLIAM J THIES 530 HANLON AVE WAYZATA tot 55391 30 02-117-23 31 0035 T A A G M FISCHER Ttt,'3DORE Z GERTRUDE FISCHER 'tEDA PLACE FwItZS VLG AZ 71909 38 02-117-23 31 0038 00520 HANLON AVE RAMONA M SLEOZ GERHARD D TA' ;ER 10043 PILLS...:,; AVE ULOOMII-GTON MN 55420 �-m M% CERTIFICATE OF SURVEY f' b t it Prepared for; NO 3 I �c `` °,rLet1 n •1 i s I ,JV, rn 1 I oGyr��eo -J I r -F ---- SU jIqo 26.0 prelpeled �vi' Idi n� r u►.o 2e. o I , � r ti 30 ' e, I 0), 2 3 ►z 30 ILB,4 LEGAL DESCRIPTIUN: ' Lots 4, 5 and 6, bIcork 14, MINPi1•,'i'UNKA according to the recorded plat thereof, llenni!pin Cou►,ty, Minne!,ota. 0 GENERAL NOTES 3;� i eta< 14. 7 Tel! 1.. 1ju TRIO,: a♦ - .. �'4"'J"' w-,•f jn� „ ara S1X�'���• �"'�A��/' -;V g�^"� w XQ i1f �t�'l O' 7I-t-r�-).�� r1:1T J. 11r•• - Yam' .Y' "� � � • 3# •�a ec� ,a _a'3o#�7 a s >, t. swaf,yha. SOt fat t3i,iA� ,,-.t I., �#9 T - J',. t;T]!J_L• - .;: ' foA-1. 1 '}3 �t�#.. r.,as YJ T(_r L12,!" r T •''r•m ,• . « ?i �j ;f�i cif RvS{et alt _ji►.♦ n C.:t. ` ..gyp :=Kg7q_ / CAs�t"' j Ir is 2K ., i is L f c+ { _ _ ►' I CE Site i •r!�:/Itt —� tI .J� i etier rants �`t `� '�_�► ��1. f �a+� /M' rt .:01-1-ta r vat Fla rz;wzav- Jy u � -N9! !�,6t ft/'• LN b C Kaf y� --� . - --- - - %p _ t •' 101011A I�►tOz ♦e�l�.tK tt, iR r !,7 iiiz.f tip4; lie Flow Y - .� s� �f -asp + } i'�,•.,,. - • - y._- . •;�..�� L � r ,:,i. ..� �'1wr--�M .. _. _ • - - y� n ^. T a _ .• a • ! SQ � a•4 T /3c o'litD7•? ! F i r aJ a. ,, -- i - - .. _ s• I �ai�vOr 7:• y!� T -J i J -• } njoil 1111•t• r • •1!�' � � i v -� CITY of OR0N0 Pose Office Mix 66 • Crystal Bay, Minnesota fail`.'."i • Municipal Offices On the North Shore of Lake Minnetonka October 1, 1987 Robert Koehnen 537 Hanlon Avenue Wayzata, MN 55391 Dear Mr. Koehnen: The Building & Zoning Department is in receipt of your application for a building permit, which was received by this office on September 30, 1987. A review of the application finds that the following will be needed for approval: Variance application is required - Cont-act Zoning Department immediately at 473-7357. (Required front setback in RR-lB Zoning District = 50'; 22' proposed.) Review of your application will not continue until the required variance has been approved by the City Council. Please contact the Building & Zoning Department at 473-7357 if you have any questions. Sincerely, Michael P. Gaffron, Asst Planning & Zoning" Administrator MPG/tln Enclosure - Variance Application BUILDIN(,A 10I`41N(, 47 1 7.157 • ADMI\ISIR 11I0ti h I INA%( ! 471 ASSESo1N(: nw+ ; / - 41- Mabusth explained the request for the after -the -fact conditional use permit application of Orono Community Church that would allow designated areas of the church facility to be used by Busy Beaver Day Care for clay care use, which Planning Commission and Council have conceptually approved. She noted that all condition: requested by the Building Inspector have been complied with. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by Johnson, to recommend approval per staff recommendation. Motion, Eyes 5, Nays 0. #1220 ROBERT KOERNEN 537 HANLCN AVENUE VARIANCE PUBLIC HEARING 8:27-0:29 The Affidavit of Publication and Certif ica .e of Mailing were noted. Robert Koehnen was present for this matter. Gaff ron e p: .ined the request for a front setback variance o construct a 16'x 24' room addition to the :youth sia of the residence. The addition continues the front and rear lines of the existing rouse, which is .,lightly skewed on the lot resulting in an slightly decreased front setback from what now exists. The addition will be 38' from the edge of the traveled roadway. Due to the location of the existing house, any addition would require a setback variance. Bellows asked applicant why the addition could not be contructed on the west side which would be iit t;;c actual building envelope? Mr. Koehnen stated he would like a southern exposure for the addition; and a hill and walkout basement prohibit the addition on the west s-ide. There were no comments from the public redardi.ng thic ratter and the public hearing was closed. It was moved by Taylor, seconded by Brown, to recommend approval per staff recommendation. Motion, Ayes 5, Nays lJ . 11221 GARY LKI.O:' & CATIiY LEE 1965 FACERNESS POINT ROAD VARIANCES PUBI !I' 1111MI NG 0 : 30-9 : 04 The Affidavit of Publication and Certificate of Mailing 7 .iJ.10/.- II TO; Mayor and City Council .FROM: Mark Bernhardson, City Administrator DATE: November 17, 1987 SUBJECT: County Road 15 - Final Plan Approval and Financing AT_T_AC_HM_E_N_T_S A. County 15 - Final Plans B. Preliminary County 15 Approval Dated 10/25/84 C. County 15 Upgrade/Approval of Change Dated 10/31/86 D. CSAH 15 Financing Dated 10/22/86 E. Gerhardson Memo Cty Rd 15 Dated 10/22/87 Ft, County 15 Plans Dated 11/5/87 ISSUES - 1. Review by the Council of the final plans CSAH 15 taking comments from the public and identifying the issues related to the plans. 2. Review of financing alternatives and discussion of issues related to those financing alternatives. INT_R_ODU_CT_ION_ - The County 15 project was initiated by the County in about 1967. Over the next 15 years the communities considered various alternatives with the County principally desiring to go with a four lane configuration as that was what was needed to meet the County/State Aid Highway standards in order to use CSAH money on the upgrade. Because of the concern relating to the four lanes west of 19 and the impact that would have on Shoreline Drive east of 19 the project was stalled until late 1983 early 184 when the Orono Council gave its conceptual approval to an essentially two lane design with turn lanes which would amount to some wideniny principally at the intersections for tre design. This conceptual approval was `ollowed by preliminary approval of the plans submitted by Hennepin County on October 29, 1984. The County wanted the preliminary plans approved by each of the communities prior to the submission of the plans to the State's Variance Board for County/State Aid Highways. This variance was considered during the summer of '85 and approval given for the variance in late summer or early fall 1985. In the fall of 1986, as noted in Attachment C, the County approached each of the Cities to see if two of the changes, one in Spring Park and one in Mound, would be acceptable changes to the preliminary plans. The Council on November 10, 1986 agreed with those changes as noted in Attachment C. (When the original variance had been granted the program was placed on the five year capital budget for 19^9. Through the efforts of the local communities the County moved the priority r,n it so that construction would take place in late 187 or ear I 188.) The County has been in the prose:,!; of drafting final plans during the past year based on the approvals previously given and is now submitting the final plans for approval. In advance of the final approval the City has been considering its financing as noted in Attachment E and F. The total project cost for the entire three city project is $4.5 - 5 million►. With the City responsible to provide funds for ^1428,000. This a new estimate that is down from the original $488,000. Issues identified at the Council's November 9, 1987 meeting included concern regarding sidewalk on both sides, the use of special assessments for funding a portion of the project and the penalty the City would incur for utilization of MSA funds related to the use of MSA funds on a County State Aid H hway project. DISCUSSION - ISSUE 1 - FINAL PLAN APPROVAL_ - The principal focus of concern in advance of people seeing the final plans was the co ;.ruction of sidewalks, the cost of which for the City nf Orono would total about $47,000. Among those present at the November 9, 1987 meeting were individuals who expressed the opinion that there was not a need for sidewalks in their area, as there were few pedestrians and that there would be encroachment into certain properties. During the week of November 16th, John Gerhardson has been reviewing these plans with any parties who have been interested to call. The original inclusion of the sidewalks on both sides by the County was in response to an agreed to request by the three Cities because of the narrow width and relatively high volume for an essentially two lane road. Additionally although no objective data exist to indicate such, installation of sidewalks along a fairly narrow route will tend to generate pedes`_rain traffic where none existed before because people did not feel it safe to use without sidewalks. Additionally the need for sidewalk on both sides is the fact that it is difficult to cross from one side to the other on a busy street in order to utilize a one sided sidewalk system. - Maintenance - Related to the installation of the sidewalk is the maintenance of that sidewalk. As this is a "regional" sidewalk and the fact that of sporatic snowplowing or removal by ablating property owners is a cnneern, the Citv could undertake snowplowing for a "regional" sir'ewa' '. 1 is the City does have the capability with its current e.,uipme,A. 't is expected the City would do this generally within a ta,, to five day time period a '-.er a snowfall when all the streets have been opened up. Addit_anal cost of this would be the time overtime avaiIAble or needed to undertake this, which once constructed the City will be better able to estimate the amount. (Probable under $2,000) other Highlighted Changes - Besides the installation of sidewalk on wither side of County 15, principal changes are turn lanes parti ilarly in the vicinity of: - Co. Rd. 1.9 & 15 plus revised signal light installation - Co. Rd. 15 at Casco Point Road - Co. Rd. 15 at Dunwoody Avenue ISSUE 2. FINANCING - Types of Funding - While the City had conceptually considered utilization of its MSA funds for its portion of the project, the fact that not all of the City's costs can be borne by the MSA fund (about S15,500) an6 the fact that there is a penalty related to its use, the City has explored the following general means for funding. - A. General Tax Funds - This would be ft.Dm the City's general tax budget that would be applied directly to payment of the cost related to this project. This would probably be levied over a 10 year period to pay off the bonds and interest for the project cost. While the City could internally finance it and charge interest the City would probably not be able i take the additional amount outside its levy limit. - B. Special Assessments - This would be after following the appropriate procedure for public hearings etc. This would be funded by levying an assessment against the benefitted property owners directly abutting the project. Paym^^� would proably be over 10 years and would include principal and interest. - C. Municipal Funds - These funds are for the constructicn an tenance of the City's 10 miles of designated Muiilci tate Aid Roads. As noted, the use �."' these for a County State Aid Highway (CSAH) would result in a penalty for other MSA City projects. The City is currently updating the City's MSA capital imprr ment plan to determine the impact of the penalty prior to a final recommendation. The net impact of funding this entire project from MSA is about $210,000 in lost money for the project. - D. Storm Sewer District - Because of problems that municipalYities have Ar' -fenced in the levying of special assessments for sL ca sewer projects where it was difficult to prove benefit to the person at the top of the hill who contributes storm water to the person at the bottom of the hill, the Legislature enacted legislation to allow Cities to set up storm sewer distrietr- and have a yenrral tax levy or user feQ leviel against prop#-rtie- ire those districts. Thi3 is 31sc, 3 difficult to assess in built up areas especially for replacement of existing storm sewer. This fund would then be used to make storm sewer improvements within the established district. The City will be exploring more specifics prior to the Council meeting of December 14, 1987. I' ling Plan - It is suggested that the C costs as :hment G be funded as follows: ANNUAL PRINCIPAL + 88 (EST) COST PER INTEREST ANNUAL FRONT FT UNPAID TOTAL, PRINCIPAL TOTAL PRIM BALANCE GENERAL TAX FUNDS 247,829 24,800 OR MSA Signals/ROW/Retainin, Walls/Design and Contract Admin .,ECIAI, ASSESSMENT 107,747 Residential $9.17/ft 1st yr $.92 + $.73/ Driveways/Curb & Gutter/ ft going to Sidewalks 100 front ft = 5917 Last yr $.92 + $.07/ft Comm $18.35/ft 1st yr $1.83 + 1.46 Last yr $1.83 + .14 STORM SEWER DISTRICT 72,314 $7,200 '27,890 Street Liqhts - In addition the City is currently exploring the cost and financing of a revised, coordinated street lighting system thru Orono and Spring Park to match Mound's planned lights. The City has just received the agreement that the County desires the City to enter into and this needs to be reviewed prior to a.,eptance of final plans. ALTERNATIVES ISSUE_1. - PLANS - The following represent alternative <�c-tions tie Council could take at the 11/23 meeting 1.. Approval of final plans as presented. 2. Amendment of plans and approval. 3. Table for further cc)nsideration and/or inf(,rmation. 4. Rejection of final plan - ISSUE___2.-INANCING - The following represent fffnancing action at- this Council meeting. 1. Direct staf` undertake the recommended -commendation. a. Establishment of a storm sewer distri•t. b. Undertake the special assessment pr odnr, for th p,,r t i on of funds as recommended. c. Prepare appropriate bond sale to be :ed for 10 years between 1989 - 1999 �-:ith payrae•it through general tax funds and special assessments. d. Finalize and undertake the MSA fun, ng ,plan for the projects. 2. Table for further consideration 3. Amend tho recommended ;nix plus ini tia- t11r eps _ ,indertake that revise:? mix. RL%.O AENDAT_ION - It is recomr„ended tha,. ouncil ccnsider the --- f arnal -p a and make an comments they !',,iv �,-ard ing :hose p la,is for final consideration of the Decemb 1187 meeting. Additional +v it is recommended that the ' :nancing after the , • �,a- (liscussed their ideas and s be tabled until urcember 14, 1967 for a recommendaticn aj liminary actiai on the financing. ("Final" action would he eries of step; to :mple-ent the preliminary plan incl,, st •cial assessment hear i ngs and bond pa -,sage • . �ROPOSED , se•- N� table until its Dpcenber 14, 1987 t�y� t�:t•r witi. tiie 1-Celiminary fi— .at the Council plan approval t. ;F ` , Nays DEPARTMENT OF 1RANSPORTATION 320 Vlashington Av. South HENPicPIN ;ipkins, Minnesota 55343-8468 U935-338' November 18, 1987 Mr. Mark Be;•nhardson, Administrdtor r4ty of Orono P.O. box 66 Crystal Bay, Minnesota, 55323 CSAH 15, COUNTY P,gJ.r_T 8024 GRADING, SURFACI� BRIDGE AND SIGK! S CSAH 110 TO CSAH 1. Dear Mr. Bernhardson: gttbmit'-1 fur City Council approval are construction plans for the a. ere project. A ccpy of a sample resolution is enclosed. Please e ( the resolution includes prohibition of parking. SO Submitted are th a copi - )f a Construction Cooperative Agreement. We are reauesting City Council approval of this agreement. Please have all three opies signed by the appropriate City officials and return to this off,.,,:t. ;pon completion of tt- remaining signatures by County officials, we will send you two f, y executed r:opie-s for your files. Please return certified copies, of tht resolutions approving the plans and agreement. Sincerely, Theodore J` offman, _. Chief Design Engineer AWH:mak HENNEPIN COUNTY an zquol opportunity employer At a duly authorized meeting :)f the City Council of Orono Minnesota, the following resolution was moved and adopted: Rr_-n'_UTI0N WHEREAS. Plans for Hennepin C_ Ly Project No. 8024 showing proposed alignment, profiles, grades, and cross sections for the reconstruction of County State Aid Highway No. 15, within the limits of the City, as a State Aid Project, have been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED: That said plans be in all things approved and that the City agrees to provide the enforcement for the prohibition of on -street parking those portions of said Project No. 8024 within its corporate limits. Dated this day of CERTIFICATION State of Minnesota County of Hennepin City of Orono 19 I hereby certify that the forearinc Resolution is a true and correct copy of a resoluti — presented to adopted by the City Council of Drono at a meeting thereof held in t'ie City of Orono. Minnesota on the _ day c:, _ . 19 as di,clostd by the records of said City in rrty pos Tien. (Seal) c;fycek -_ At a duly authorized meetinc ` the City Council of — , Minnesota, the following resolution was moved and adopted: RESOLUTION WHEREAS, Agreement for participation in the construction of County State Aid Highway No. between and , Hennepin County Project No. Agreement No. PW has been prepared and presented to the City. NOW, THEREFOh,, IT IS RESOLVED: That said Agreement be in all things approved. BE IT FURTHER RESOLVED, That the Mayor and Manager are authorized to sign Agreement No. , Hennepin County Project No. Dated this State of Minnesota County or Hennepin City of day of , 1987. CERTIFICATION 1 hereby certify that :tie foregoing Resolution is a true and correct copy of a resolution presented to ano adopted by the City Louncil of _ at a meeting thereof held in the City of Minnesota, on the day of 1987, as disclosed by the records of said City in my possession. ( SF..'- ) City Clerk A%reement No. PM 74-08-87 County Project No. 8024 County State Aid Highway No. 15 City of Orono County of Hennepin CONSTRl1CTIOP COOPERATIVE AGREEMENT AGREEMENT, Made c-d entered into this day of 19 , by and between the County of Hennepin, a oody politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Orono, a body politic and corporate under the laws of u-,e State of Minnesota, hereinafter referred to as the "City". MITNES:,ETH : MHEREAS, The County and the City have been negotiating to bring about the improvement of that portion of County State Aid Highway No. 15 between County State Aid Highway Nn. 110 and County State Aid Highway No. 19 (Engineer's Stations LGA 0+37 to LGA 155+75) as shown on the County Engineer's plans for County Project No. 8024, which improvement contemplates and includes grading, concrete curb and gutter, drainage, watermain, bituminous surfacing, traffic signal systems, conduit system. lighting, Bridge No 27560 and o_ner related improvements: and WHEREAS, the above described project V-s within the corporate limits of `he City, and WHEREAS, The County Eng neer has heretofore prepared an engineer's estimate of quantities and unit p,.,:es of material and labor for the above described project and an Pstimate of the total cost for contract work, in the sum of Four Million Five Hundred Thirty Four Thousand Eight Hundred Twenty Seven Dollars and Thirty Five Cents ($4,534,827.35). A copy of said estimate (marked Exhibit "A") is attached hereto and -1- �— Agreement No. PW 74-08-87 by this reference made a part hereof- and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I That thr County or its agents will advertise for bids for the work and construction of the aforesaid Project No. 8024, receive and open bids pursuant to said advertisement and enter into a contract with the successful biocer at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract will be in form and will include the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. II The Cor:nty will administer the contract and inspect the construction of tt.e contract work contemplated herewith. However, the City Engineer of Orono shall cooperate with the County Engineer and his staff at their request to the extent necessary. but will have no responsibility for the supervision of the work. III The City agrees to grant highway easements to the County over those lands owned by the City that are a part of the required right of way for said Project No. 8024. Said easements shall be granted at no cost to the County. -2- Agreement No. PW 74-08-87 The County or its agents will acquire all additional rights of way, permits and/or easements required for the construction of said project. The final cost of all additional rights of way, permits and/or easements required for the construction of said project plus all costs incurr, the County in acquiring said rights of way, permits and/or easements shall be appL _-d 0 percent to the County and 50 percent to the City. The right of way costs incurred az� described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with -espect to the improvement of County State Aid Highway No 15 as shown on the plans for County Project No. 8024. The County will periodically, as parcels are acquired, prepare and submit to the City it. amd accounts showing right of way and acqui�:Ation costs incurred by the County. The City share of said costs shall become due and payable within thirty (30) days after submittal. The estimated right of way expenses described herein are indicated in said Exhibit "All attached hereto. IV The City shall reimburse the COUnty fCr its share in the construction cost of th- contract work for said project and the total final contract construction cost Agreement No. PW 74-08-87 shall be apportioned as set fortis in the Division of Cost Summary in said Fxhibit "A" attached hatetu and ,%Ie DiJisioll of rest Breakdown (marked Exhibit "B") attached hereto and by this reference made a part hereof. It is further agreed that the Engineer's Estimate referred to on Page 1 of this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the sl,^cessful bidder and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. N In addition to payment of the City's proportionate share of the r_ortract construction cost, the City also agrees to pay to the County a sum equal to seventeen percent (17`,) of the amount computed as the City's share of the said ccntract ^onstruction cost for roadway construction and fourteen oercer• '1°�) of the City'F share for trafric ;ignal construction, it being unders� tnat paid additional payment by the City is its proportionate sham all engineering costs incurred by the Count; in connection with the work performed under this contract. VI Within sixty (60) days after an award by the iounty to the successful bidder, the City shall deposit with the Hennepin County Treasurer, ninety percent (90%) of the estimated City share in the contract construction and engineering costs for the project. Said estimated City share shall be based on actual contract unit prices for estimated quantities shown in tip plans. The remaining ten percent (10%) is to be paid to the County upon the completion of the project and submittal to the City of the County Engineer's Final Estimate for Agreement No. PW 74-08-87 the project showing the City's final share in the contract construction aiW engineering costs for the project. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance in the deposit account will be returned to the City; likewise any amount due the County by the City upon payment of the Final Estimate by the Co-j.ity shall then be paid by the City as its final payment for the construction and engineering cost of this projerF VII The Cuunty Engineer will prepare monthly progress repc-t.s as provided in the specifications. A copy of these reports will be furnished to the City upon request. VIII All records kept by the City and the County with rr oect to this project shall be subject to examination by the representatives of each party hereto. IX The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any rkistino underground utilities M Agreement No. PW 74-08-87 X It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. XI Upon completion of tr- project, the County, at its expense, shall place the necessary signs and the City, at its experse. shall provide the enforcement for the prohibition of on -street parking on those portions of County State Aid highway No. 15 constructed under this project except for the parking lane from Sta. 146+23 to Sta. 150+03 left recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made k, iiout fiat obta4ning a resolution from the County Board of Commissioners permitting said modification. XII It is understood and agreed that upon completion of' `ie improvement proposed here's,, all concrete sidewalk included in said improvement shall become the property ,f the City and all maintenance, restoration, repair cr replacement required he-eafter shall be performed oy the City at its own expense. It is further understood that nether the County, its officers gents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the -6- 4 Agreement Nn. PW 74-08-87 hereinjefore described sidewalk maintenance, existence, restoration, repair or replacement by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions , au-( of action and expenses (including, without limitation, reasonable attorney's fees, witness °ees, and disbursements incurred it the dpfense thereof) arising out or negligent p,�.fo.mance by the Ci*y, its officers. agents or employees. XIII The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee SchedL, XIV The City shal istall, or causes � installation of an adequate three wire, 1201240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights included in the contract at the sole cost and expense of the City. Further, the City shall pig ide the electrical energy for the operation of the said traffic control signals and street lights at the sole cost and expense of the City. Agreement No. PW 74-vo-87 The City shall not revise b­ -ilition or deletion, nor alter or adjust ,:ny component, part, sequence, or tit, the 'oresaid traffic control signals, however, nothing herein shall be cot.-I—r' restraint of prompt, prudent action by properly constituted authorities '^ .-here a F::rt of such traffic control --ignals may be di ectly involved in an .gen,;y. XVI Upon completion of this project, the County s;iall therF maintain and repair sai traffic control signals all at the sole cost and expense uv the County. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street 1 �ts. The City, =t its EK, shall maintain the fuse, the lum'.naire and the wire to the load side of the fuse in the base of the signal poles. XVII It is further agreed that each party to thi^ ,- nent shall not be responsible or liGole to the other or to any other person whomFu- for any Ia`m=. damages, actions, or causes of actions ;f any 'rind -nar?cte,- arising out of cr by reascn -f the performance of any wcr:• or part hefujf by ` , as pr„ ided herein, and e° h party further agrees to defend at its sole cost an, .mense any action or proceed). commenced for the purpose of assertin.,, any claim of w,,_' ever rh?ratter arising in ,...,-action wilt; or by ::.:c ° Aerf „ ice of its owe as ,, rvided herein .V1T It �, further agreed thr er of the ar.•_ 0tne, Agreement No. PW 74-18-87 persons engaged by the City in the performance of any work cr services requ'red or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all clams made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no wa be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may o- might arise under the Worker's Compensation Act or the Unemployment Compensatior Act of the State of Minnesota on behalf of said employees while so engaged and arty and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIX The provisions of M. S. 181 59 and of any applicable local ordinance relating to civil rights and discrimination arr3 the affirmative action policy statement of Mennepir County shall be considered a part of this agreement as though fully i:Y forth herein. Agreement No. PW 74-08-87 IN TESTIMONY WHEREOF, The parties hereto have caused thi! ement to be executed by their respective duly authorized officers as of the day anu ve:ar first above written. CITY OF ORONO (Seal) By: Mayor Date: And. Manager Date: COUNTY OF HENNEPIN ATTEST: By: Clerk of the County Board— a rman o s oun y Board Date Upon proper execution, this agreement will be legally valid and binding. sstisstah-t C-ounty Attorney Date: // c Appn+t -.i as to execution By: is ant oun`Ty attorney Date: Date: And. Associate County Administrator and County Engineer Date: RECOMMENDED FOR APPROVAL ey irec or, ---Department of Transporta-Firon Date Agreement No. Pt: 74-08-R7 PAGE NO. 1 OF 6 11/17/87 JOB NO. 024 COST ESTIMATE FOR CSAH 15 (STATE AID ITEMS) PROJ . 10. 8024 BETWEEN CSAH 110 AND 300 FT. EAZT C. CSAH 19 ITEM ITEM APPROXIMATE UNIT NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT 2021.501 MOBILIZATION 1.00 LUMP SUM 100000.00 100000.00 2031.501 FIELD OFFICE, TYPE 0 1.00 EACH 4000.00 4000.00 2031.503 FIELD LABORATORY, TYPE A 1.00 EACH 2500.00 2500.00 2101.511 CLEAR AND GRUB ROADWAYS 1.00 LUMP SUM 5000.00 5000.00 2102.501 PAVEMENT MARKING REMOVAL 15700.00 SQ FT 2.00 31400 00 2104.501 REMOVE PORTABLE CULVERTS 474.00 LIN FT 6.5C 3081.00 2104.501 REMOVE CURB AND GUTTER 886.00 LIN FT 6.00 5316.00 2104.501 REMOVE CURB 843.00 LIN FT 5.50 4636,50 2104.501 REMOVE PIPE SEWERS 2141.00 LIN FT 6.00 17128.00 2104.501 REMOVE INTEGRANT CURB 1325.00 LIN FT 6.50 8612.50 2104.501 REMOVE WOOD RETAINING WALL 80.00 LIN FT 4.00 320.00 2104.503 REMOVE SIOEWPLK 3354.00 SQ FT .6(L 2012.40 2104.505 REMOVE DRIVEWAY PAVEMENT 789.00 SQ YD 7.00 5523.00 2104.505 REMOVE PAVEMENT FOR TRENCH 1035.00 SQ YO 12.00 12420.00 2104.505 REMOVE BITUMINOUS ISLAND 2044.00 SQ YO 1.50 3066.00 2104.505 REMOVr PiTMINOUS OVERLAP 6857.00 SQ YO .60 4114.20 2104.505 REMOVE CONCRETE PAVEMENT 8506.00 SQ YO 6.00 51036.00 2104.509 REMOVE MANHOLES AND CATCH BASINS 29.00 EACH 225.00 6525.00 2104.509 REMOVE BUS SHELTER BASE 3.00 EACH 2O0.00 6C0.00 2104.509 REMOVE LIGHT STANDARD 7.00 EACH 100.00 700.00 2104.509 REMOVE LIGHT STANDARD BASE 8.00 EACH 400.00 3200.00 2104.509 REMOVE CASTING ASSEMBL7 P.00 EACH 50.00 400.00 2104.509 REMOVE SIGN FOUNDATION 4.00 EACH 400.00 1600.00 2104.509 REMOVE CONCRETE STEPS 8.00 EACH 500.00 4000.00 2104.509 REMOVE FLAGSTONE WALL 1.00 EACH 10.00 10 00 2104.511 SAWING CONCRETE PAVEMENT 975.00 LIN FT 5.00 4875.00 2104.513 SAWING BITUMINOUS PAVEMENT 430.00 LIN FT 3.00 1290.00 2104.521 SALVAGE PLATE BEAM GUARD RAIL 520.00 LIN FT 2.00 1040.00 2104.521 SALVAGE C.M. PIPE CULVERT 73.00 LIN FT 6.00 438.00 2104.521 SALVAGE CHAIN LINK FENCE 130.00 LIN FT 3.00 390 00 2105.501 COMMON EXCAVATION 29732,00 CU YD 5.00 146660 00 2105.507 SUBGRADE EXCAVATION 29824.00 CU YO 4.00 119296.00 2105.515 UNCLASSIFIED EXCAVATION 1070.00 CU YD 6.00 6420 00 2105.521 GRANULAR BORROW (CV) 9637 00 CU YD 8 00 77r96 00 2105.525 TOPSOIL BORROW (LV) 3832.00 CU YO 6.50 24906.00 0105.609 GEOTEXTILE FABRIC 19500.00 SQ YO 3.00 58500 00 2130 501 WATER 160.00 1000M GAL 121.00 1920.00 2131.502 CALCIUM CHLORIDE SOLUTION 13700 00 GALLON 6C 8220.00 2211.501 AGGREGATE BASE CLASS 2 1025.00 TON 12 00 12300.CC Agreement Vo. Pl•! 74-08-P7 EXHIBIT "A" PAGE NO. 2 OF E, 11/17/87 JOB NO. 024 ITEM ITEM APPROXIMATE UNI; NUMBER DESCRIFTION QUANTITY UNIT PRICE AMOUNT 0301,603 TEXTURE 6 PROF PVMT SURF, TYPE 2 1621.00 SQ YO 4.00 6484.00 2331.504 BIT MATERIAL FOR MIXTURE 2215.00 TON 130.00 287950.00 2331.508 WEARING COURSE MIXTURE 1912.00 TON 12.50 23900.00 2331,510 BINDER COURSE MIXTURE 16841.00 TON 12.00 202092.00 2331.514 BASE COURSE MIXTURE 27360.00 TON 11.00 300960.00 2341.504 BIT MATERIAL FOR HIYTURE 458.00 TON 130.00 59540.00 2341.508 WEARING COURSE MIXTURE (MODIFIED) 5292.00 TON 15.00 79380.00 2341.518 BIT MIXTURE FOR PATCHING 150.00 TON 20.00 3000.00 2341.518 BIT MIX FOR DRIVES & PARKING LOTS 1980.00 TON 35.00 69300 00 2357.502 BIT MATERIAL FOR TACK COAT 16500.00 GAL 1.25 20625.00 2402.585 PIPE RAILING 36.00 LIN FT 10 00 360.00 0411.602 TREATED TIMBER (8" X B" X 8') 36.00 EACH 30.00 1080.00 0411.603 TREATED TIMBER RETAINING WALL 12610.00 SQ FT 9.00 11349C.00 2461.501 CONCRETE, MIX NO. 3A32 (STEPS) 7.00 CU YD 250.00 1750.00 2501.511 15 RC PIPE CULVERT 58.00 LIN FT 28.00 1624.00 2501.515 15 RC PIPE APRONS 4.00 EACH 300.00 1200.00 2501.571 INSTALL C.M. PIPE CU_VERT 73.00 LIN FT 5.00 365.00 0504.601 RELOCATE WATERMAIN 1.00 LUMP SUM 17000.00 17000.00 0504.602 RELOCATE HYDRANT AND VALVE 2.00 EACH 1400.00 2800.00 0504.602 MOVE HYDRAN! 11.00 EACH 1000.00 11000.00 050A 602 ADJUST VALVE BOX (WA-rER GATE/ 72.00 EACH 100.00 7200 00 0504.602 ADJUST VALVE BOX (CURB BOr) 59.00 EACH 60.00 3540.00 0504.602 ADJUST HYDRANT 8.00 EACH 2O0.00 1600.00 0504,602 CURB STOP 23.00 EACH 100.00 2300 00 0504.603 LOWER WATER SERVICE 305.00 LIN FT 9.00 2745.00 0504.603 COPPER WATER SERVICE 413.00 LIN FT 100.00 4130C 00 0504.605 4" POLYSTYRENE INSULATION 728.00 SQ YD 15.00 1092C 00 2506.511 RECONSTRUCT M.H. OR C B. 257.30 LIN FT 160.00 4116F 00 2506.521 INSTALL CASTINGS 36.00 EACH 140.00 5040.00 2506.522 ADJUST FRAME AND RING CASTINGS 44.00 EACH 160.00 7040.00 2521 501 3 1/2" CONCRETE WALK 2258.00 SQ FT 1.50 3387.00 2521.501 4 CONCRETE WALK 139730.00 SQ FT 1.50 209595.00 0521.602 BUS SHELTER BASE 400.00 SQ FT 3.00 1200.00 2531.501 CONC C ANP G DESIGN B612 265.00 LIN FT 5.50 1457.50 2531.501 CONC C AND G DESIGN B624 32021.00 LIN FT 7.50 240157 50 2531.501 CONC C & G. DES B64P (SPECIAL) 1307.00 LIN FT 15.00 19605.00 2531,501 CONC C AND G DESIGN B1024 260.00 LIN FT 8.00 2080 00 2531.501 CONC CURB h GUTTER, DES D424 80.00 LIN FT 10.00 800 00 2531.502 CONC CURB DESIGN B6 566 00 LIN FT 6.00 339E ^^ 2531.503 CONCRETE MEDIAN 2022.00 SQ YD 28.00 5E6i6 ?' 2531.503 CONCRETE MEDIAN (NOSE) 40.00 SQ YD 38.00 i`:':' '^ 2531,507 7 CONC DRIVEWAY PAVEMLNI 3415.00 SQ YD 30.00 1C'.45: : Agreement No. P11 74-OP-87 EXPIEIT "A" PAGE NO. 3 OF C 11/17/87 JOB NO. 024 ITEM ITEM APPROXIMATE UNIT NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT 2535.501 BITUMINOUS CURB BCO.00 LIN FT 3.00 2400.00 2545.521 3 1/2" RIGID STEEL CONDUIT 174.00 LIN FT 10.25 1783.50 2545.553 PULL BOXES (WITH TYPE 1_0 METAL COVER) 6.00 EACH 540.00 3240.00 2554.501 T BARRIER DESIGN B8307 776.00 LIN FT 12.00 9312.00 2554.521 ANCHORAGE ASSEMBLIES - BRIDGE 4.00 EACH 80.00 320.00 2554.521 ANCHORAGE ASSEMBLIES -PLATE BEAM 3.00 EACH 210.00 630.00 2554.523 TWISTED END TREATMENT 3.00 EACH 600.00 1600.00 0554.602 BREAKAWAY CABLE TERMINr-L 3.00 EACH 80C.00 240U.00 0554.603 TEMP PRT PRECST CONC BARR DES 8333 440.00 LIN FT 20.00 8800.00 2557.527 ELECTRICAL GROUNDS 2.00 EACH 35.00 70.00 0557.603 INSTALL CHAIN LINK FENCE 120.00 LIN FT 5.00 600.00 0563.601 TRAFFIC CONTROL 1 00 LUMP SUM 275000.00 275000.00 2565.511 FULL T ACT T CONTROL SYS "A" 1.00 SIG SYS 65000.00 65000.00 2565.511 FULL T ACT T CONTROL SYS "B" 1.00 SIG SYS 62000.00 62000.00 2565.511 FULL T ACT T CONTROL SYS "C" 1.00 SIG SYS 65000.00 65000 00 0565.602 LOOP DETECTOR 7' X 11' 4.00 EACH 400.00 1600.00 2573.501 BALE CHECK 1000.00 EACH 5.00 5000.00 2573.502 SILT FENCE. HEAVY DUTi 5800.00 LIN FT 3.25 18850,00 2575.501 ROADSIDE SEEDING 1.10 ACRE 100.00 110.00 2575.502 SEED MIXTURE 5 55.00 POUND 4.00 220.00 2575.505 SODDING 30103.00 SQ YD 1.50 45154.50 2575.511 MULCH MATERIAL TYPE 1 2.20 TON 300.00 660.00 2575.519 DISC ANCHORING 1.10 ACRE 100.00 110.00 2575.532 COMM FERT, ANALYSIS 12-12-12 660 00 POUND .5C 330.00 SUBTOTAL 32E196C.60 STORM SEWER ITEMS 2451.507 GRANULAR BEDDING LV 36.00 CU YD 18.00 648.00 2501.515 12 PC PIPE APRONS 3.00 EACH 3uU.00 900.00 2501.515 15 RC PIPE APRONS 3.00 EACH 325.00 97/5.00 2501.515 18 PC PIPE APRONS 4.00 EACH 355.00 1420.00 2501.515 21" RC PIPE APRONS 1.00 EACH 400.00 4D0 00 2501.515 24 PC PIPE APRONS 3.00 EACH 470.00 1410 00 2501.515 30 PC PIPE APRONS 3 00 EACH 600.00 1800.00 2501.515 36 PC PIPE APRONS 3.00 EACH 700.00 2100.00 2501.525 44 SPAN RC PIPE -ARCH APPON5 1.00 EACH 650.00 650 00 2503.511 12 RC PIPE SEWER 4997.00 LIN FT 25.00 124925.00 2503,511 15 RC PIPE SEWER 3838.00 LIN FT 27.00 103626.00 2503.511 18 PC PIPE SEWER 1476.00 LIN FT 30.00 44280.DO 2503.511 21 RC PIPE SEWER 244.00 LIN FT 34 00 8296 00 2503.511 24 PC PIPE SEWED 02.00 LIN FT 37.00 11834 00 2503.511 30 RC PIPE SEWER 583 00 LIN FT 45.00 26145.00 Agreement No. PVI 74-OP-87 EXHIEiT "A" PAGE NO. 4 OF 6 11/17/87 JOB NO. 024 ITEM ITEM APPROXIMATE UNIT NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT 2503.511 36 RC PIPE SEWER 98.00 LIN FT 55.00 5390.CO 2503.511 36 RC PIPE SEWER CLASS III 32.00 LIN FT 60.00 1920.00 2503.511 12" CM PIPE SEWER 10.00 LIN FT 25.00 250.00 2503.521 29 SPAN RCPA SEWER 42.00 LIN FT 55.00 2310.00 2503.521 44 SPAN RCPA SEWER 516.00 LIN FT 85.00 43860.00 2506.506 CONSTRUCT MANHOLES DESIGN F 112.90 LIN FT 150.00 16935.00 2506.506 CONSTRUCT MANHOLES DESIGN G 26.80 LIN FT 150.00 4020.00 2506.506 CONST MANHOLES DESIGN 72-4019 12.30 LIN FT 400.00 4920.00 2506,506 CONST MANHOLES DESIGN 72-4020 22.70 LIN FT 400.00 9080.00 2506.507 CONSTRUCT CATCH BASIN DESIGN F 128.00 LIN FT 150.00 19200 00 2506.507 CONSTRUCT CATCH BASIN DESIGN G 531.50 LIN FT 150.00 79725.00 2506.507 CONST CATCH BASINS DES 60-4013 13.60 LIN FT 270.00 3672.00 2506.507 CONST CATCH BASINS DES 72-4019 19.90 LIN FT 400.00 7960 00 2506.516 CASTING ASSEMBLIES 196.00 EACH 275.00 53900.00 2511.505 HAND PLACED RIPRAP 21.00 CU YD 60.00 1260.00 2511.515 GEOTEXTILE FILTER 70.00 SQ tiD 5.00 350.00 SUBTOTAL 590161.00 NON -STATE AID I'EMS 2104.505 REMOVE PAVEI:ENT FOR TRENCH 220.00 Sp YO 12.00 2640.00 2341,504 BIT MATERIAL FOR MIXTURE 5 00 TON 130.00 650 00 2341.518 BIT MIXTURE FOP F4TCHING 100.00 TON 20.00 2000 00 0451.602 GRANULAR BACKFILL 300.00 TON 6.00 2400.00 0504.602 6" GATE VALVE & BO- 1 00 EACH 350 00 350.00 0504.602 B" GATE VALVE & BOY 6.00 EACH 450.00 2700.00 0504,602 HYDRANT 1.00 EACH 900.00 900 00 0504.602 3/4" CORPORATION COCA. 7.00 EACH 50.00 350.0 0504.602 1" CORPORATION COCF 10.00 EACH 60.00 600 00 0504,602 1 112" CORPORATION COCk, 3.00 EACH 80.00 240.00 0504.602 3/4" CURB STOP AND BOY. 2.00 EACH 120.00 240.00 0504.602 1" CURB STOP AND BOk 10.00 EACH 150.00 1500.00 0504.602 1 1/2" CURB STOP AND 6Cn 3.00 EACH 175 00 525.00 0504.603 6" DID' WATERMAIN 12.00 LIN FT 15 nn 1 .VC 0504.603 8" DIP WATERMAIN 1_7DO UU LIN FT 17.00 22610 00 0504.603 3/4- COF"" crc'/Trr- -A, 50.00 LIN FT 7.00 350.00 0504.603 1" COPPER SERVICE PIPE 265.00 LIN FT 8.00 2120.00 0504.603 1 1/2" COPPER SERVICE PIPE 45.00 LIN FT 10 00 45C.00 0504.607 TEMPORARY WATER SUPPLY 1 OC ASSEMBL, 400 00 400.00 0504,620 DIP FITTINGS 1449.00 POUND 2.00 288C 00 2545 511 LIGHTIVr, UNITS, TYPE 6C 35 7.00 EACH 1050.00 73`0.00 2R^g.511 LIGHTIi.0 UNITS, TYPE 80-35 23 00 EACH 1100 00 25300 00 2545 515 LIGHT BASES DESIGN M 30 00 EACH 550 00 16500 00 Agreement Plo. PW 74-08-P7 EXHIRTT "A" PAGE NO. 5 OF 6 11/17/87 JOB NO. 024 ITEM ITEM APPROXIMATE UNIT NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT 2545.521 1 1/2" RIGID STEEL COND (LIGHTING) 419.00 LIN FT 5.00 2095.00 2545.521 2" RIGID STEEL CONDUIT (LIGHTING) 110.00 LIN FT 7.00 770.00 2545.523 1 112" NON METALLIC COND(LIGHTING) 672.00 LIN FT 3.50 2352.00 2545.531 UNORGRD WIRE 1 COND NO 6(LIGHTING) 33300.00 LIN FT 1.15 38295.00 2545.531 UNDRGRO WIRE 1 CON NO 12(LIGHTING) 3400.00 LIN FT .90 3060.09 2545.541 SERVICE PANELS TYPE PM 2.00 EACH 2O00.00 4000.C3 SUBTOTAL 143807.00 BRIDGE NO. 27560 2401.501 STRUCTURE CONCRETE (1A43)(P) 63.00 CU YO 215.00 13545.00 2401.501 STRUCTURE CONCRETE (3Y43)(P) 228.00 C;; YO 225.00 51300.00 2401.512 BRIDGE SLAB CONCRETE (3X36)(P) 8347.00 SQ FT 6.00 50062.00 2401.513 TYPE P RAILING CONCRETE (3X46)(P) 384.00 LIN FT 30 00 11520.00 2401.515 SIDEWALK CONCRETE (3X46)(P) 1666.00 SQ FT 4.50 7497.00 2401.541 REINFORCEMENT BARS (P) 40223.00 POUND .4: 1-8100.35 2401.541 REINF. BARS (EPDXY COATED)(P) 60979.00 POUND .55 33538.45 2401.543 SPIRAL REINFORCEMENT (P) 2016.00 POUND 1.00 2016.00 0401.601 STRUCTURE EXCAVATION 1.00 LUMP SUM 30000.00 30000.00 0401.603 REVERSE BATTEN SURF. TREATMENT (P) 833.00 SQ FT 2.25 1874.25 2402.521 STRUCTURAL STEEL 3309 (P) 125579.00 POUND .80 100463.20 2402.583 ORNAMENTAL METAL RAILING (P) 384 00 LIN FT 50.00 19200.00 0402.606 FIXED CURV PL BEARING ASSY TYPE 1 14.00 EACH 375.00 5250 00 0402.607 EXP CURVED PL BEARING ASSY TYPE 1 18.00 EACH 300.0-" 5400.00 0402.607 EXP CURVED PL BEARING ASSY TYPE 2 4 00 EACH 300 OO 1200 00 2404,501 CONCRETE OVERLAY (3U17A)(P) 7335 00 SQ FT 2.50 18337 5^ 2433.516 ANCHORAGES, TYPE 1 260.00 EACH 8.00 2060.00 2442.501 REMOVE OLD BRIDGE 1.00 LUMP SUM 60000 OC 6000C.00 2452.507 C-I-' CONC PILING DELIVERED 12" 760.00 LIN FT 13.0C 9890 00 2452.507 C-I-P CONC PILING DELIVERED 16" 1100.00 LIN FT le SC 2015C OC 2452.508 C-I-P CONC PILING DRIVEN 12" 760.00 LIN FT 2 " 2090 OL 2452.508 C-1-P CONC PILING DRIVEN 16" 1100.00 LIN FT 2 '5 3025.00 2452.519 C-I-P CONC TEST PILES 50 FT LG 12" 2.00 EACH 21.0E CO 4200.00 2452.519 C-I-P CONC TEST PILES 70 FT LG 12" 2.00 FACH 250E 30 500C 00 2452.519 C-I-P CONC TEST PIES 6-D FT LG 16" 2.00 EACH 2600.00 520C 00 2452.519 C-I-P CONC TEST PILES 70 FT LG 16" 2.00 EACH 3000.00 6000.00 2477 503 ZINC -RICH PAINT SYSTEM (NEW)(P) 8200.00 SG FT 1.50 :�300.00 2511.501 RANDOM RIPTAP CLASS II (P) 240.00 CU YO 35.00 8400.00 2511,507 GROUTED RIPRAP (P) 133.00 CU YD 50.00 6650.00 0554.603 CONCRETE MEDIAN BARRIER, DE.", 8323 220.00 LIN FT 20 4400.00 SUBTOTAL 518896 75 TOTAL ESTIMATED CO"- 453462' 35 NOM. 17, 1987 EXHIBIT "A" Poop 6 of 6 DTVISION OF COST SUMlWRY CA;H 15 !FROM W. CITY LU4ITS TO E. OF CSAH 19 H) Y. Co. PROJ. 8024 - SAP 27 615 14 kL UNIT ESTIMATE^ UNIT T(y?12, QUANTITY COST ESTIMATED COST cow . CUM ♦ GUTTER, DRr1ES AND SIDeMIJ (3) =40 CURD ♦ GiR'.TP -SPECIAL: LIN. FT. 2307.00 $15.Go $19,605.00 9624 CUSS ♦ GL^.-U LIN. FT. 8548.00 7.50 64,110.00 CONC. CR.rIVAPLY ;)WEPCEYT SQ. m. 1336,00 30.00 40,080.00 CONC SIDEMKIA SQ. m 40756,00 1.50 61,134.00 STMW SVA2 - 8h :NS A. U2.ADS 12' RC PIPE SERER L;'; F-,. 1S' DC PI Pt SEWER LIN. rT. IV DC PIPE S61iF,'P LIN. FT. 21' DC PIP[ 'SEMEP LIN. FT, 12' PC PIPE AF4M)N EACH RC PIPE AFRON EACH CONSTRUCT CAT: H OBIS I N^ , DES. LIN. rT . COL"MUCT MANWAXS , DES L.I N . rT . CXS'T/NG ASSEM:.:ES EACH S'.4:WA SEME' - --PUNY L:NES SY3Tm 12 SYST'J' it 14 sY;Tf� 1S SY:TEN 16 SYSTLH 17 RiTAINING MALL: TIPMEN RLTP,IKIPk, y6r3..'.. SQ. PT. SL'iffc7fAL AjADWAY 2TL-U , *AFF I C r- ` - ACT T 0WM,)L SIiml SIG SYS 91A:Jd ASTRUCTIOi4 ITEM TO AI t 4) COST OF rUNSTRU TIUII M?I-, LSTIMATLL .:)P`7N0 :.HART CV RO:,IIPA: ITEPL•: 1•LUS 17% POR MS. ♦ (rtt A;'t ADM1N. !1t(p%r. ITLML PLUS 14% PON OLIO. ♦ CONTRAA'T ADI). i5I J4A1 ; R I Afi' OP Im 4-YTAL ESTIPWZD 01![kR !W?E • ' SLI Ar'A -RLD 709 pY 2) [W'LUU4.:; PKAW ' AM SPRING PAWS S -tWIL 1) LIULZ Wr 10-IAMC QUANlITILS r%M :TA :JC.QQ To :31.40 D3T. i t COST GRONC ORONO 50,00% $9,802.50 50.001 32,055.00 50 00% 20,040.CO 75.0Ct 45,850.50 t COST HESR7. HENN . COUP. Y C'OUSTn 50.00% 9102.50 50.00% 32,055.00 50.001% 20,040.00 25.00% 15,283.50 :020.00 25.00 40,500.00 50.00% 220,250.00 50.00% 20,250.00 427.00 I7.CG 11,529.00 1110.00% 5,764 50 50.00% 5,764.50 125.00 30.00 3,750.GO 50.Ont 1.875.00 50.00% 1,875.00 26.00 34.d0 894.30 50.001 442.00 50.00% 442.00 2.00 300.00 600.00 50.00% 300.00 50.00% 300.00 1.00 325.00 325.00 50.00% 162.50 50.00% 162.50 147.70 150.00 )2,155.00 50.COt 11,077.50 50.00% 11,077.50 5.40 150.00 $10.00 50.00% 405.00 50.00% 405.30 46.00 275.00 ,2.650.00 50.001 6,325.00 50.00% 6,325.t;O 65.340-00 (1) 6,713.62 (1) 45,921.45 21,333.00 111 12,138.58 (1) 9,199.00 2.315.0C (1) 1,446.88 (1) 868.12 2,349.00 (1) 1.263.22 (1) 1,084.78 12,769.00 (1) 4,148.31 (11 9,620.67 3355.00 9.00 10,195.00 50.00% 15,097.50 50.00% 15,397.50 412.437.00 195,162.83 204,574.05 1.00 65,000.00 65,000.00 5.-CJt 32,500.00 50.00% 32,500.00 i21 4,057,390.35 1CJ.00t 4,057,390.35 4,534,827.35 5 33,177.68 4,550.00 of 'T1 m 325,000.00 SU.G�\ 1e2,500.00 50.001 162,500.00 - $427,890.51 O A. O 1 V tXXISIT '!' PAGE 1 OF 2 DIVISION OF COST 9REAKDOWN HENN. CO. V20J. NO. $024 - C.S.A.B. NO. S.A.P. 27-615-14 STORM SEWER TRUNK LINES 15 3TRt'CT. j 1 I I I I TOT%L 1 4 I t I COST 1 COST TO STRUCT1 STRUCT. ICONST.I PIPE STRU,-T.1 PIPE I ESTIMATEDI IHENN. I 1 HENN. STRUCT, NO. I DESIGN ISTRUCTI SEWER 1 COS'. i COST I COST JORONJI CO. I ORONO I CO. i I ILIN FTI LIN. FT. I ( I ! I I I - SYSTSM 1 I I I I I I I I I 9L.->:35 1 I ► ( 30" X 14' 1 $ 1(3i$ 1,270.001$ 1,230.001 16.21 59.91$ 199.261$ 736.77 13S->137 1 13S I N.S.-F ! 7.71 30" X 169' Ifl) 1,430.001 7,560.001 8,990.001 16.21 59.91 1,456.381 5,385.01 117-,136 1 131 IC.B. 72-40201 6.91(5) 44"SPAN X 54.1 2,760.001 4,590.001 7,350.001 15.81 61.61 1,161.301 4,527.60 116->133 ! 134 1 M.S.-G i 1 2.51 44"SPAS X 156.1(1) 650.001 13,260.001 13,910.001 13.71 55.41 1,905.671 7,706.14! IM.X. 72-4C2C1 5.01 I 2,00C.001 I 2,000.001 13.71 55.4I 274.001 1,108.00 :33->1I1 133 IC.B. 72-4^191 5.91 44"SPAN X 116'1 2,360.001 10,030.001 12,390.001 13.91 56.41 1,722.211 6,987.96 131-OUTLET j 131 !C.B. 72-40191 7.11(4144-SPAN X :88'I 2,84C.001(3) 16,630.001 19,470.001 1100.01 1 19,470.00 SYSTEM 12 TOTALS I I I I IS 65,340.001 1 1$ 6,718.821$ 45,921.48 I SYSTEM 1'_ I { I I I I I I I I I I 1 I I I ! I I I t -7717 ! 1 1 30" X 25' 1 $ 1t3)$ 1,725.001$ 1,725.001 1100.0Is I$ 1,7n .00! Ili->1S2 I 151 i Z.B.-F 1 7.91 30" X 42' 1 1,185.001 1,890.001 3,075.001 1100.01 1 3,075.00. 152->153 I 152 C.B. -F ( 7.91 30" x 17, ! 1,185.001 765.001 1,950.001 1100.01 1 1,950.001 151->OUTLCT i 151 ! M.N.-F i 7.61 30" X 24' 1(11 1,415.001(3) 1,E80.001 3,095.031 1100.01 1 3,095.001 SYSTEM 13 TOTALS I I I I 1$ 9,845.001 1 1$ 1$ 9,345.00 SYSTEM 14 ( I I I I I I I I I ._ - 1 6 j 15d C.B.-G f 4.91 12' X 269' I $ 735 001 $ 6,725.001$ 7,460.001 60.01 40.01$ 4,476.001$ 2,984.00' :6R-NISI 1 '66 t M.B.-F 1 5.91 15" X 238' 1(1) 1,160.001 6,426.001 7,586.001 50.01 50.01 3,793.001 3,793.001 14'1-:OI.TLE'. ! 167 IC.e_ 60-40191 13.61i2 16" X 32' 1 3,672.001t3i 2,620.001 6,292.001 61.51 38.51 3,869.581 2,422.421 SYSTEM 14 TOTALS ( 1 ! 1S _ -1,338.001 I I$ 12,138.581$ 9,199.42 3f3TEM 'S I { I I 1 I I I I 1 6,11 24' X 30' 1 $1,205.001 S 1.110.0015 2,31�.001 62.51 37.51$ 1,446.881$ 868.12' SYSTEM 15 TOTALS ; I 1 I IS 2,315.001 1 1$ 1,446.881$ 368.12 SYSTEM 1 ►I@'t1 176 I M.p.-F I 7 91 24" I 24 1i11$1,460.001 S 883.001$ 2,348.001 53.81 46.:1$ I,163.221$ 1.J84.70 SYSTEM 16 TOTALS I I I I I$ 2,348.001 1 I$ ! 1,263.221$ 1,084.78, f SYSTEM I I 1 I I 1 I I .-' I #1 1 191 ; C.B.-G 1 4.11 15" 1156' 1 $ 615.001 $ 4,212.00IS 4.827.001 26.3, 73.71$ 1,269.501$ 3,5G7.50{ 1!$ - 164 I I$$ 'M.S. 72-40201 4.S1 18" 189• 1(1) 2,075.001 2,670.001 4,745.001 38.11 91 1,807.851 2,337.161 :tr4-,t�)/.12fE1 ldf ;N.S. 72-4"201 6.11 18" 161 Itl) 2,795.001 180.001 2,975.001 33.51 c 51 996.621 1,978.38, 1 1 1 1 24' X f' 1 I 222.001 222.001 33.5) 66.51 74.371 147.631 SYSTEM 17 TOTA:.S J I 1 1 1$ 12,769.001 1 1$ 4,148.33J;. 8,620.67 TOTAL ESTIMATED COST $113,955.00 1 A-"'.L: BALANCE OF SYSTEtr 12 I5 SP. PARK e'OST 1"12,699.70) LESS SP. PARK COST 12,699.70 1 TRUNF LINE TOTALS $101,255.30 $ 25,715.831$ 75,539.47 1 - INCLUCta CASTISG A.3EMRLT CLASS 111 I/CLOD[! APRON 4 ISCLUD95 10 LONG RADIUS BESO 130.5' R.•- t5 tACLUDEt :2 SBCRT RADIUS BRED 07R t. • S TRUNK LINE 1_ DIVISION OF COST IS BASED ON THE RATIO OF �7rT 1 CC,NTRIBUT 1N4 FLOWS. ^� O . _ i; 67 jab EXHIBIT "B" PAGE 2 OF 2 DIVISION OF COST L,tEAKDOWN HENN. CO. PROD. NO. 8024 - C.S.A.H NO. 15 S.A.P. 27-615-14 CATCH BASINS AND LEADS 1 ESTIMATED; TOTAL % I% I COST 1 COST I ITEM 1 UNIT !ESTIMATEDI UNIT I ESTIMATEDIORONOIHENN.1 ORONO I H-'NN. I I QUANTITY I PRICE I COST I I CO. I I CO. I " RC PEE SEWER,DES. 3006 ILIN. FT.; 16201$ 25.00;* 40,500.001 50.01 50.01$20,250.001$ 20,250.001 15" RC PIPE SEWER,DES. 3006 ILIN. FT.; 4571 27.001 12,339.001 50.01 50.01 6,169.501 6,169.50! 18" RC PIPE SEWER,DES. 3006 ILIN. FT.! 1251 30.001 3,750.001 50.01 50.01 1,875.001 1,875.001 21" RC PIPE S EvdER,DES. 3006 ILIN. F-'.! 261 34.00! 884.00 50.01 50.01 442.001 442.001 12" RC PIPE APRaN i EACH 21 300.00 600.001 50.01 50.01 300.001 300.001 15" RC PIPE APRON 1 EACH it 325.001 325.00; 50.01 50.01 162.501 162.501 CONSTRUCT CATCH BASINS,DES. G !LIN. FT.! 147.71 150.00 22,155.00: 50.01 50.0- 11,077.501 11,077.501 CONSTRUCT KANHOLES,DES. G !LIN. FT.; 5.41 150.001 810.001 50.01 50."' 405.001 405.001 CASTING ASSEMBLIES 1 EACH 1 461 275.001 12,650.00! 50.01 50.U1 6,325.001 6,325.001 CATCH BASINS Ac.ADS TOTALS $ 94,013.00 $47,006.50 ; 47,006.50 11/18/87 jab _Z') :O V f"1 A .^1 � E 7 � r ;.v ro v O COUNCIL PALAETING To: Orono Council Ma"er Front John R. Go-hardson, Public Wnrl s C-onrai n,)tor OCT 29 1984 Uatc►s October IyHA CITY OF pRC}N :.uhjccti 1-rr+l iminlary Plan kaav:t4j .;rd r.rprc.,al (1.#'44 P Un October 2-3, 1984 C:ot}nc i l Mrmbr.r 1 i m r,dams, tasty F nnl nr►er Glenn Cool end mvsel f met with Vern Gen:. 1 i npc r . n Efrioce 1 c)I acz v1 from Mvi►nrpin [o+inty to re+virrw thr, prelsasin.rr, Flan fF;r the ►mprovemerets to LSAff 13 from Count v Fear! 19 to Moend. lr;rre ►tcre some minor cvncer'ns that rrrCipi vr•d ! p nor _-bl c --nswers nd (: pni c a 1 1 y all Orono respresentativet felt that the: pre1iRainar•; plan was wh a t was *,A CA file. The Citv of Srrir►g Pars apr-reed the C:Ia,i *r, Ur_tober lam, 1984. The City of Mcfund approved tltir ;,Ian an Uctt,tj r :.' ' . 1 YO4. In addition to approving this plan, Hennepin County it rehuesting a variance approval fcr future %.1pgradinU Gt County Road 18 east of County Poaad 19 to Hillside Grive in W.syra.%ta. The vAriamce from the• standard;,. will &Ijuto 11er;ntpin C'ount•r to pAve onsr 1 ane east and one lane ►#est with bi ttAminouw shoul tivrs sc%mCt i *e in the nsar future,. As staged in the res ,lutim thi% tvpt- of ro: dt+ay rleg i gn .•gr ors with Orono flan. f CJIUIY CA I t RVOLUTION OF THE Cl ..NCIL NO. P E. . UTICN Atht:oVina N0N#-.TI'ItI COUNTY -"'LIII 1W..:W FLAN FOR C(RUITY rsTATC AID H1C:-::JAY IS (:1D VARIANCE RECMST A5 VOJIFID i:Y HIMMLDOTA ' EPP-T-C NY Of TRANSPORTATION 7 :':^/ Hennepin t-ounty his. (,r; ,,a: cc! .;.rid prctcnted p►cel iwin,�::•y Islt,nr. tir tht, im-P-rovcments to Ctf�,,H 1:, and wi Fm", Hennepin County intend. tO Ubtain etatQ aid funding r„- this improvement project, which ta-uld ri:;iuxre a variance 4rt:m stct=. acid ottndards fromthe Minnesota bep.ort&crnt of Transpc:rtatien. m4v THziauC":1t. rE It r,CC_ .V o, that thr, City Council 04 the Ci t r4 Orono dex;s hcrcby #pprcve the prelipin,lry plan ar;:.1 v�uirrfCe for tr: ^prove.^: �jj , of G:a.M 1t. I. ". IT FVITKR RErOLVED, that Lhe City of Grano , wit H..i,rirpin Uvrity's rcgkta�-r, to e)Dt&Ao-, a varicncv iron tr,e wt x.-- •.=i ster,"rd5 ff-ur's the Minne:.ats Ili:,p,*rtvvr)t of lranyportatic" to Alai fC rs" I-r` c `t FnI nnP IPncr ce%t with trituminct,% ShoWder4 con that part L4 t:crur,r y .c:ca 1'; m,+s:t of Et,.++,ty turd 19 tea Hillside t:riv*. in tt,.. Lit : o� W-Ay7r:t .t Pu tt,t 0 tYPU Of rrod"ay cfs-a19n sgrgr_.� ++it.f� U _WM c. C 'rchr:r.e.iv. F`idn. f"_�,-Tr'D €.Y th City Council of the .:ity of Orcrw et a rc:jull�r t:Gi�ttf x 1 r tiny "'Is F9th .tay 04 Vr tc.bcr 1994. Aycu _....._...__ - V.. A':Tit"',1, Lw,ulhy .1er!-' } 103186.1 /F TO: Mayor and City Council `�"Orl: dark Bernhardson, City Administrator 'E: 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 tl.P 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 be ready in late summer of 1987 w.th bid award in the fall of 1987. It is expected that this would mean-onstruction would start very early in 1988. Prior to final designs being developeL. there are two changes the County would like to have considered and approved by the four communities. A. County 15 _ Wilshire Boulevard - Commerce Boulevard - The project a3 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 betweon Wilshire and Commerce Boulevard in order to make what they felt would be a safer highway. B. County 15 Lafayette _ Interlocken - The County is proposing at the request of Spring Park and the developer of Twin i3irch 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. 11r. Bruce Pa l aczyk and Ted flof fman wi 1 1 be present fk) _ the meeting, November 10, to further explain requested changes plus be rea iy to respon i to any questions. RECOMMENDATION - Based on the plans presentee to staff regarding the -two -changes, it is staff's revomm<:n,.:ation that these changer be approved as they do not ;I)(-citically impact the traffic in Orono either coming on Co unt-i 15 or County 51 subject to concurrence of Mound, and SpTing Park on their respective por t i o►►s . PROPOSED MOTION - Moved by I seconded by __, to adopt resolution no. approving the Cou y 15 changes as outlined by Hennepin County Department of Transportation. Ayes Nays _. cc: John Gerhardson, Public Works Coordinator Glenn Cook, City Engineer Ted Hoffman Bruce Palaczyk IA 1 114 (y, Po � e Op O 00O op O I r z ca a coo 0 �l SPeIA)C , ........... c sea 01��.:: tat a . ...... , 0 cp.* i 0,0 co 0 0 q cky CA" RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTIOU APPROVII.G PROPOSED DESIGN CHANGES FOR COUNTY ROAD 15 t-WEREAS, the City of Orono approved the (11 ;ign plans for County [toad 15 in its Resolution 41694 dated October 29, 15a4, and WHEREAS, the plans in order to receive appropriate State funding required a variance which with one exception was granted by the Municipal State Aid Review Doard, and WIICREAS, the exception required by the,a was alteration in the portion of County 15 between Wilshire Boulevard and Commerce Boulevard, and 1.71ICREAS, the volume of traffic in the corridor an County 15 between Lafayette and Interlocken/County 125 iz quite heavy due to the cor.!mercial ::r.d t:urltiple residential develoPment there, and I71I0IIMS, a widening of the high%jay would fl-:cilitate the safety of that portion of the road without adversely ar'fecting the volume of traffic coming into Orono, and the County is requesting thus approvals prior to final dusign plan. LOW, TUERI:CO :L' SH IT Rr.SOLVED, by the City Council of the City of Orono does approve the proposced chz.nge:; as outlined subjoct to the concurrence of the Gj«nicipaliticG directly involved in these alteration:, to the Cc.unty 15 develop;:ant. Adopted by the orono City Council on this loth day of llovcmb,ir, 1906. Mary C. �ijucirr, �1�,yur A%L TJ 5 T Uorottiy td. �Hallin, Cit:y'i'l��rk �- 92487.tln To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public works Director �`) Date: October 22, 1987 Subject: County Road 15 - Orono Coots Recently, the City of Orono . r-eived information from Hennepin County Department of Transportation regarding Orono's share of the cost,-: for the rehabilitation of County Road 15 through Navarre. The cost estimate is the engineer's estimate only as the bidding E-ocess has not been completed, therefore, the estimate is subject to change. Orono's share of the costs is: $488,353.78 During all past discussions, it has always been considered to fund Orono's share of the cost from the monies received from the MSA account (Municipal State Aid). The MSA funds will pay $472,989.78 leaving a balance of $15,364.00. The MSA account is funded from the tax on gasoiinc. At this time, Orono's annual allotment is approximately $177,000.00. Currently, there is a balance in the fund of $349,500.00. However, because this project is not on the City's MSA system, there is a penalty for using those funds off the system. The penalty at this date is 5% or $5,000 for each $100,000.00 spent off tLe system. This penalty is in effect for ten years resulting in a total penalty of $210,000.00. The City has fundeu past projects off the ''ity's MSA system such as Tanager Bridge replacement in 1979, temporary traffic signal at Highway 12 and County Road 6 in 1981 and McCully Road in 1980. T.11 of the above projects were constructed at a time when the penalty was ;ust under 3%, therefore, the impact of the penalty was not as severe. It should be noted that if we do not expend funds annually, a 5% penalty is invoked on all municipalities and any funds not used after two years, there is an additional 5% penalty. However, those penalty amounts are distributed to all communities 5o that the I-$ is not a real number. For your information, the following projects may be scheduled for revjew and approval in the near future and in which MSA funds will. be used: Br' � replacement on Old Crystal Fray Road south of Fighway 12 ever BL icton Northern Railroad. Pcrmanent traffic signal at highway 12 and County Roar? 6. Traffic signal installation at Willow Drive and Highway 12. Proposed County Road 116. Frontage road or roads a lonci Highway 12. from Brown Road Wert to ()ld Crystal Bay Road. Hennepin County has advised us that they will be submitting final plans for the project very soon and would like approval of these plans at the November 23rd Council meeting. Therefore it may be appropriate at this time to determine the number of propertys affected in the event that all or part of these costs are assessed tc, determine the impact to an individual property owner. Recommendation: To accept the information regarding Orono's share of costs for upgarding Shoreline Dr. (Co Rd 19) and to direct the City Engineer to determine number of propertys affected in the project and to submit that information for the November 9, 1987 Council Meeting. DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343-8468 935-3381 May 18, 1987 Mr, Mark Bernhardson, Administrator City of Orono P.O. Bnx 66 Crystal bay, Minnesota, 5534-3 CSAh 15, HENNEPIN COUNTY PROJECT E024 FROM CSAH 110 TO CSAH 19 Dear Mr. Bernhardson: Enclosed is a preliminary estimate of cost participation for the City of Orono for the above referenced project on CSAH 15. This estimate is based on our cost participation policy. Please contact me if you have questions about this estimate and/or our co;. -articipation policy. Sincerely, the dove J. H / P.E. Chief Design Engineer AW' 1 : mak MAY I g N7 HENNEPIN COUNTY on perial opporAmny tm rlt�r.•r PRELIMINARY ESTIMATE Of COST PARTICIPATION CSAH 15 (FROM W. CITT LIMITS TO E.OF CSAN 19) KENN. CO. PROJ. 6024 ITEM UNIT ESTIMATED UNIT TOTAL • QUANTITY COST ESTIMATED ORONO CONC. CURB 6 GUTTER, LP.I4ES AND SIDEWALK $624 CURB 6 GUTTER LIN. FT. CONC. BBITEWAY PA4EMLBT 5Q. YD. CONC. SIDEWALK SQ. FT. STORM SEWS• - CATCH BASINS L :£AGS 12' B[ PI►E SEWER LIN. FT. 15' BC PIPE SEWER LIN. FT. APRONS EACH CONST. CATCH BASINS, DES. C OR G LIS. FT. CASTING ASSEMBLIES EACH STORM SEWER - TRUNK LINE tiv is, RC ►IPE SEWER LIN, FT. 16' RC tips SEWER LIN. FT. 24' PIPE SEWER LIB. FT. CONST. MANHOLES LIN. r". CASTING ASSEMBLIES EACH PETAINYNv WALLS TIMBER RETAINING WALL SQ_ FT. TRArr:,7 SIGNALS FULL T ACT T CONTROL SIGNAL .,.., sY" ESTIMATED ORONO SHARE Of ROADWAY ITLM5 PLUS 17% FOR DESIGN 6 CONTRA.T A:,MIH/STRATION Ri3NT OF WAT iOTAL tSTIMAT90 OAONO SHARE ill .0% Of 02000 TRUNK LINE ELIGIBLE FOR STATE AID 10000.00 $7.5u $75,000.00 SO 1400.00 30.00 42,400.00 so 42000.00 1.50 63.466.00 75 1100.00 25.00 27,500.00 so 400.00 27.00 10,806.00 so 2.00 300.00 609.00 so 16S.00 160.00 29,600.00 SO 37.00 275.00 10,175.00 so 2100.00 27.00 56,700.00 60 120.00 30.00 3,600.00 40 370.00 40.00 14,800.00 6O 105.00 0.00 16,600.00 60 15.00 2 5.00 4,125.00 430C 00 9.00 43,200.00 50 1.3G 70000.00 70,000.00 50 467,900.00 125,coo .00 COST ORONO $37,500.00 21,000.00 47,350.00 11,750.00 5,400.of 300.00 14,600.. 5,047.50 45,360.00 2,$90.03 11,840.00 13,440.00 3,300.00 :`,6G3 00 35,000.00 276,507.50 47,346.27 50.00 162,500.00 S 4 0 1 , 3 S 3 . 7 8 i e a wall ►LAA— _ -_ .. T ►WILE I►rDEX EMI__—.., 7y0- GWPAL LAYOUT_ - ITATt IF NIMMtOOTA CWATT Or KNKFIN KPAR73RT O/ TtAMM w i.1il CCUKTT STATE AID WICNIAT 00, ' 5 Ot C. S. A. M. N0. 1 ID C. S. A. a. NO. :O ail. M r• . { Ar. {'►' • s +.1I ►� s L M �iiT� eir.u�+ie■ir rat ■ i 1 I. q{ f[: 7. • • r . {. n ■ {ADM Los% 15.5e0.{f Ig? 190 r:_Es amn LM% -^ M .eT 0 wd rL f s Or 014% � iw {� .... nr 1 gel MILES COTE• L0i1M am IN L.• SUT"N" WATIO• L- 9'70. 77 • L& S1 ♦\. S■ R. 24 W. R. ?' N. BRIDGE NO. r560 52' CDC *ACE -C -ACE D'7 "JRB __NGTN . 126.46' e WIMIN E MAD 5,01 etc eL&ES OX0111 . eS Te PRNT a STgml ■I07M 9 " pQ• a". IC ►MIK E.CPT Toot 31 FUl. ■1Tr e0 PM116. SIALI t PWl{ED MAN O:S7 0< ■ILSMM O.Q. o To WAM ILO, ■es won,w T,E C0.■Sss:01[e (t TeN■?OIILTI■. ON WAMT 7. IN& WE at .:INK s /MAIN •. _ _ _ — ____.._ 15 19 114. 0V is # 'be END PROD. NO. 5C24 END S.A.P. 27 -6 5-4 . V l�• 1 17 N. 1% &CCORDAN:f I:% THE RILES 90P STATE AID OPERATIONS. : HEREO+' MOTIFT TNYT THE ELECTRICAL PORTION OF TOOK SIGNAL PLANS, SNEET i TNwy 6 IM PREPARED d~ RE OR IN Ca61LTATIa rITW HE. : wVE REVIE5ED THESE PLANS AM AM A DtL • L I CEN ED MASTER ELE C - TAMAN RNDER THE LASS OF THE STATE OF MIN ESOTA. DATE Y.E. LIIiPOE 84 : NFFEP CER`IF. *..AT '..:5 P,Ah SAS PRE►AREC 61 NE OR LIDER M D:REC' SUPERVISION ANC T1r1 I AY A D1-1 REr,I5TE1Et PROFESSIONAL ENGINEER UNDER THE .ASS OF T.f 57ATE OF MINNESOTA. 841E OESION some JOM 1ENRE : 4kcr MR::c. TWAT T.SE S:aK PLANS. 54ET ' 1WRIJ e GERE PEEPAEEC 6T 1E OR ,PRDER w D:REC' SUPERVISION AND TWAT I AN A Cl- T REGISTERED PROFESSIONAL ENGINEER OUR TOE LASS ON TNf STATE OF 841E Nm #a OEsto Me F- Mmea r on owm V us O� . vowwo v MEOW.. r "dm � w aSw mmnr as I" OPINION" low"� OWNS, :ONSTRUCTION PLAN FOR diiADiNv, CONC. CUB t t.11TTE. `*AINAGE, WATERMAIN, BIT. SURFACING. TRAFFIC SIP - SYSTEMS, CMUIT SYSTEM, LIGWING AND ?RIDSE NO. 27560. I NDE X S+EET NC. DESCRIPTION TITRE yff1 � ! [S'11MTEC ORMN'I'?ES aT TwiJl► YCTIONS 1 D['ALS e .a ,5 26 REIDNK / omd'R�;^IDh WINS 27.20 «TERwtN r,ANS 29-32 JGWTING RAN IO Poe its AREA a VIA TERM IN 41 oca ,ab SA-a0 OW ILES a 1 -N DRA IARAQ PW %f 5 45-145 A•OEC'Ia6 .6 R:WT OF «• P.ANS 1 -2• TRAFF I C CONTROL P. AN S 14 sla 's . -2a 1p:0fa No SAC DISIN OESIGIATIOM A .. N.�e , .61.30c ACT wow "a 96' 960C DESIGN SPEED RPN, ADT 2010 :7000 MSED ON ST'.SPIK Sla' C:STARNm Dw :is:s r w I E?Ri.' OF EYE ] ! -E:W s XA7 - C .r.�^,�► oa,a , t :Gh SPEED Wt AC1•fE4i AT 5JI, N4CTa STA K $,A N� 9 TON sTa •t s'A 10. APPa��Tp ..-. s Nags �.•: 4PPR�VED ..•• � YaIOL aaAO yy APPROVED taas•r. ar•• tOLRNEEa _ -- - yti RIECOWENDED FOR APPRDVAI vcC0k ENDED FOP APPRD,,AL 0-If. of S:7N fNL:KA APPRDWD r.D E►" FA AWNDVA. aSS: S!aNN' t:S•A:^ ENt :NON E• s'O^f •:: im cmf,m FR �rROVAL 5•q It ♦,art at Yt= EOCWANP APPRDV'EO S-an aft fW14141 RtECOW0M FOR APPROVAL !AC T0001: foam" ROM •rant a lawaM I wrawRa aIRr,Ra a�wwst.a M. S.A.P. 145-020-09 M. S. A. P. 152 -020.06 STATE All PJWJ . W .._ n -615-14 MEw . Co. rR0.1. 0. __.. 8024_ _ C . S . A. • . ■0 . _. _ 15 __ SK" M . 1 M 145 a: -.'4 / lir TYPICAL — fall FIRST STAGE QbTRUCTIOw --- \ t SLUE OF BD770b OF OXV, A GUTTER DOLL OMF,OIY TC Tot SLOK lF 74 TOP OF T�F 'IRST S'AGECOt6TRD:TION. �"'-'� 1• 1041CMESS OF C l G SWILI RE MC LESS CMG 140 DESIGN p+•�+ _ • PING COURSE IIIxTUR -,UI (dW11 'ED1 ( YIN. ) BINDER COURSE NIC OlE-m B' BASE COURSE YI CURE . l •• KWIC a1URSE rlrtuRE-:SAI laoI< ?' i11IN. ; siwx I wvpSE :n, SU5GRA'Dt. : JN l vM. --- IRr. COIL FAW'T. — S_6 ExC.. BAMFILL •ITN GRAiw:&A BORROn I lI ti - GF07[kT:LE FAMIC LEFT TJRN LANE Lcq SWVACIW. SME TWICAL Ai IIR� MW_ PWT.—/ TYPICAL SECTION C.S.A.H. 15 Elf WIN mv I WIN le wk 9624 CK 'OU4 caG 0.11 -1 — ------------- 1 L COA'S A' DIRE EC MC'E, 81 OURSE ollr'Low I (MODIFIED) 4 ENGINEEN 000 CDLPRSE - 233, - BAW ILL lll� S. �!r WERM 1) PL'a '* TOMIL & SEED 09 SOD (2) l/." I IN FILL SF'7:0« WQ'ICAL 1% t'.` SEC'ION :3) SUBW L'" FOR IfON"! I I " OP REWWAL 01 LINSU.A A CTI SEE .-SEM'0' OE�z• I '0[�-:� CSUBMADE EXCAWION; CA — . 02* On. TYPICAL SECTICO. C.S.A.14. 15 (OWN IN. ow_ PAVIT. is MEMM) L"'g I - i""— C PWILE CAW .FT — sullow IEAAING ODuRSE wIrTLOLE23 . , -: :MMIFIED) 2' 4MI-L) SINDE:IWSE Z331 TYPICAL SEVION 5,OER ELEVA'ION C L. MASE Ouft C. S. A. H. %0. SEE Wl 3 FOR WES t LOWIONS r -------------- -------------------- MDTE SO" ELFWAT ION WE 10 BE DVERMINED Vr SLOK (IF ExIS'llmG PavEmEwl ON 719 04IGH SIDE OF T.9 SUER. 02*A7. wwacas saw MICR ANNE — WK SLWf SMALL 9 MIN741*9 ON 706 LO SIDE. S.A.P. 27-5'5-14 HEwm. CO.. MINI. C. S.A. H. NO. 15 PROJ. NO. 8024 S!4EET 4 x SWEETS @t I 'ILf ILDG. IUKA - �l all. Cum a In STAL ON-M W7. "OSSYM ULL VA. I "-lb I* 104-1m NN" POTICR FLASSMW NU OWCUMAL W., 4"* WIN. OKIWAIL NW) dY W TIMANS F*W WN 70 51024 C A 6 PAID AS 111024 Aw C. a 15 INSIM WIM. rotas 7 Lt. W 1: L.1 I I- CWTR. ::11:. 0' MD $IA. 4-31 3D *1 ": W7. om 000 '0.0• w 1 0 f — 44 7V 0.;i ItL--T sla- I; TO 4 w I" 4@wa OW M v Oki ! Imcuma MV S� IL orb 4 Co - AML. an I 1P �07 all, -7 ... ....... .. . .............. ---- --- A Zrj Olt. VA. :7 STIL 114 .00 -7. F LOZIOW SkL "M POTION STA.11. •" TO 1 FLAGS70W MLL i .7 7 CINC-IDENIAL 90ft) NEMDOE POPTIOk (INCIDEWAL NO 3f LJL to" 40. --------- .. . . ... ....... Z amm PM as ff Tl Val � No"014L 010) CMINKY Tfaw .,..M Tkams) S.A.P. REMNk rm'Em. Co. Vim. C. S. A. H. NO. 15 PRoJ. NO. 0024 S4ET 22 )F 145 SOC E "t. _' 7! b7) :,.. " — - 1 1 : 22' C. 6, 'r - ) 0 41,0 ICE (00") OV za* TO S. 0. �AVE iL V' 7, ttf l 7- li "r, (W 71� or ---------- --- — ------- ------------ - --- oil - r COO 0 VU2. UL, Ile STAL IZT.70 - S' L' S14LI. p . T. ir OL "_ CL�LV 1 9'!' 40. R. C- OILY. Us 2 ONC. PLUS 2 cow- 147 49 W131nop OM PLA= R~ ce lci rYrO PLACIA Airw — cu. "S. HENN. CO. , MINN. _ _ liyir IN. M'. TO'S.L►j' - '351. ~ > , p141 t _ r .r_y,�(�_ ✓''� �.9ZL tVRJW% O SYSTEr ews. SIT. 911. QM / 'MT. �F. L r �%� or�ICE� _ C �ii _ 1 TTEESAWNE O Dr. Is.4Y cILP,-- - CD. IL X �'...... �. <1V Su m•TD N' LT. D - SZ' lT. ► - •Y•7• I. C. ►. Cmv. IT. C... aAv. PLis 2 for - YNO6 L Yq6 c E � or 131m r C11 b - N4141 PLACED IItMY a �'L �u. .s -�• 4.0 cu. TDS F3D S55 s_ K" PLACED RIMY 4.0 Cu. vw. $TA. 130-45 WT. F*W* FMIGN OF TAEA ..0 C IrCIONTAL am) 5 A o 27-515-14 P-Vovk d �"I`_,p = '' =_Iw_ HENH CO MINK C.S.A.H. NO. 15 ?ROJ. NO. 8024 SHEET 23 )F 145 SHE_.S� i VIC Ih-W To 143A3 LT. CO¢. STEPS www (3) STD. -43-X To .44.0 FLAGSTONE GILL AE1CK rOTE. PAIL ►S Ru" 1 ML At NOW. wu ri UM EOEl lows. NOS ILDG 36. B.' CUM w - i uE0 E1�0 EVY► � p` '� • 0 M. 135•75 l0 fp•t3 AT. apalw v T) EETAIMIm MAL `s rim EB. n, y ltr E' Tom) IEMI. CO.. MINN. C. STA. 143♦0 TO 143-95 LT. STA. 144.20 L1• art. STEPS ww_ STEPS 113M (3) REIDIIE STA. 145-M LT. STA. 143.20 10 I44•10 .T. ww_ STEPS FLAGSTONE WALL RErO✓ MOW NOTE- PAID AS RE41M I WALL ALINDuGH WALL 1S NOT Ow INDus. — — _ _— —"'2-s-0. ; -s c _ : v ;— �„ r s mt. a ILK. v _ -- - - l L BIT Co'` ' - o- 8G. ]62/ d WIG. I -5-0R. 191T. d ILK.S JIAmas .Ouma FIT. C>� RA1:'NGAl "fj ._ - — C. S. A. M. M& 15 --" OUS SMELTER -•_� ' ' S ' 93TCtlRs Y LIOUOR I STORE ,. rEAvt"rt U.S. POP DRUGS W:ICE S'A. A3-00 10 u5.57 .T. CONSTRUCT "ULR RETAINING WALL iT10 S0. Fl. u1.0T LT. ODNSTRUCT 'IMW STEPS - M w' a '* en.11 —� • / oIl. AIM s W•!' a S. A P. 7 - 15 - 14 REMOVAL ''QN" P'.) '_. ­ aN EMI. CO.. MINN. C. S. A. H. NO. 15 PROJ. NO. 8024 SHEET 24 OF 14 - SHEETS IRT. _mx �et cs� + sole SEE SHEET F(M EVENSION (IF C.S.A M. No. 19 =co 152 copel 26, 86,18,51. , el 51 7G LO M4 cm J �p —1624 CK it. 55 CMTR. ob CLOS 3w" CB Jv 6u. �' I •fY '� e- o Ig i StST� 6 I95 �/ R . —6624 CC .. /• :x«c luDtus got«Ts q' .l Q� ,r1-` ST., 11-1 71 76. OC' S1. ]' IU1D. L' 57.. IS2.311.-52. lo� W. - St.. :s3•r..el-]6. 00� et 3' MC. STA. :SS•4.65}�. 00' aT. bS 1� `� 3' MD. � STA. I!'i-3D.66-5-.TD' 61. lb S.A.P. 27 -615-14 REWAL s FENI. CO., MINN. C. S. A. M. NO. 15 PROJ. NO. 8024 •iEE' ; 5 Stained glass Orono City Councl► ! 1/23i87 1335 Brown Rd Orono Mn. 55391 City Council, n writing a letter to voice some concerns on the improvements to C., 15. the Navarre Heights area. Being the new owner ( 1 1 /3/87) of the ,Peterson Plumbing budding, 3440 Shoreline Dr i don't know ail of the benefits or problem, that will be created Here are some fjf the concerns that ! would like addressed. 1. The cit►e�- easement is 25 Ft wide, of which 15 Ft. is f rom my 50 Ft width. The plans calls for a 40 Ft. entry apron to be built for this 25 Ft. easement. After looking at the plans !'m concerned that part of the apron is west of the 25 Ft. easement and that earn rominq from the municipal lot will cut the corner rominq close `^ the building 2. The loss of the three parking spots that where in front of the building Would it be possible to continue the parallel parking west of the my building'? The pari<ing n front of the huilding i5 important f^r the Barber Shop 3 Could an area ,In the rrunic!pal lot be set aside ,35 a,)ne or two hour park inq arP3 i h ?f co,tumer,5 can park close!- to the bus me'-;' es'' The bus riding G'1J1)11C now parrs 3c rin a r the t1U4 Stop 35 P()S �kiiP John Lenox 35 Interlachen Lane Tonka Bay, MN. 55331 (612) 474-1385 TO: Mark Bernhardson, City Administrator FROM: John Gerhardson, Public Works Director(!�� DATE: November 19, 1987 SUBJECT: Written Comments Regarding County Road 15 Construction I have received written comments from affected property owners on County Road 15 regarding the proposed construction. I have discussed the concerns of the property owners with Hennepin County and they feel they can look at each individual concern and resolve the matter satisfactorily. li�i1IL1 a ` �s \&zi-) C�,�um 4.0 OBERHAUSER & ASSOCIATES. PA AT TORNEYS AND COUNSELORS A T LA IN 1421 E WAY7ATA BOULEVARD • SUITE 210 WAYZATA MINNESOTA 55391 LOUIS B OBENtfAUSER JAMES E RAMLITE CITY OF ORONO 1335 Brown Road South Box "66" Crystal Bay, MN 55323 Re: New Sidewalks and Curbing Gentlemen: November 16, 1987 r �, 7 !I( / A'3: If the City of Orono is going to adopt a policy decision that they are going to install sidewalks and curb throughout the City on both primary and secondary roads, and assess the cost of the project to the adjacent property owners, then the assessment of the costs of the Spring Park and Mound to Navarre highway project, curb and sidewalk to adjacent property owners as a means for paying these costs, might be a.I appropriate decision. I do not believe that this is a policy decision that the City of Oronc has, or is likely to make, in the foreseeable future, and therefore I am opposed to the recommendation that the sidewalk and curb be assessed to the property owners as it is improper and would not be fair and equitable. Sidewalks have little if any benefit to the property owner. To arrive at a decision to assess the cost of sidewalks to a property owner just because the county requires the installation of sidewalks as a condition of installing an upgraded road system, appears to be a "double whammy" since besides having the cost of paying for the improvements, the property owner has t p expense of keep- ing the sidewalk free of debris and snow. Hopefully, you will also give consideration to an ordinance that does not require the property owner to keep the sidewalk free of snow and ice during the winter months. I think the best use of funds would be the installation of a bike path adjacent, to the hig;lway which I believe would be much more beneficial to the citizens, both from a use standpoint and a cost standpoint. There just are not that many people that really have a burning desire to walk from Mound to Navarre, either on the north or south side of the highway. Sincerely, LOUIS B. ABERHAUSLER LBO/Rjw d/77/ Dp 0&,Vj Avig (!�)LeAlol /'rcAeekS your /-b r45& Ae-k 64' s rR66r PWetNr 7 /A 11r J F4v r� PEA /V s A,-V TNs�- s rnf, .e'45r .r_ ryC 7D L� CAA' i / li1 4 4- rme t v'A y AvtS r7- 1311Sif��ss WIrNUuT" P4&�k S Tr alle k .5 % e&. 4;vAc- 7'k`�4,ust you Fob. AAA y 1V&-YO 1/0,� C44) G !UI; /14E, .51k7c�,��� 1 D �P 1 1 666f I TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: October i, 1987 SUBJECT: 1988 Fee Schedule Attachments: ,%. Ordinanc^ ISSUE - Adjustment of fees in advance of the commencement of the 1986_ fiscal year. INTRODUCTION - The City for the last couple years has revised its fee ordinance on an annual basis. Department hearts tine a look at the schedule, their overall budget, the amount of time they generally spend with each type of fee and based on that establish fees for the following year. While not all fees will be raised on an annual basis over a two to three year period of time they will try to match cost of service increases for those areas. DISCUSSION - For 1.988 the attached fees represent our costs as we can best presently gauge them. Areas that have changFs and/or additions are as follows: Well Permits - Install New We! 1 Tnstdll New Well & Abandon Old Well Abandon Old Well Only Home Occupation License Solicitation License Request for Reprint of oversized Documents Beer, Wine & Liquor License Investigation Ff.,e Theatre License - Omit Police Department - Copy Service Copy from Micro Fiche File Building & Zoning Department Renewal CUP Land Use Apr'ir-ation Signs - Delete Retaining I is Residential S Commercial - Mechanical Sprinkler System Catagory Burn Pormit - Reinspection Building plan Copies Sanitary Sewer Connection Charges Water C^nnection Charges Golf Course Charges RECOMMENDATION - It is recommended that the above fee ak'justrpnts for 1988 be reviewed arvi tabled until December 14, 1987 m(' 0q. At which time a summary ordinance for publication wi e suhmir.�.r_.a for your approval. PROPO:;t:D MOTION - Movr+i try 4econded by , Counc11 acknowledge receipt of proposed 19hn !'ee !schedule anti table until itn necember 14, 1987 the final approval of 1988 Fee Schedule Ordinance tog her with the summary ordrnancp fcr publication. Ayf•s .. , t1aya ORDINANCE: NO. _, SECOND SERIES AN ORDINANCE. ADOPTING THE 1988 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 28, SECOND SERIES The City Council of the City of Orono ordains: Section 1. Ordinance Repealed. Ordinance No. 28, Second Series is hereby repealed. The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following Fees effective during the calendar year 1988: SECTION 1. Fees. MING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Applicable Application Type Fee Code Section VARIANCE $150.00 10.06, Subd 3(D) (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) RENEWAL VARIANCE $ 75.00 10.06, • _br-i ' (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Accessory Use (Animals, etc.) $i00.00 Institutional Use (School, ChuL:h, etc.) $150.00 Duplex Credit (per building) $150.00 Commercial/Industrial Use $250.00 Land Alteration: $200.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea wails, retaining walls within 0-75' lakeshore PRD Application. with Subdivision Subdivision Fee plus $30.00 per dwelling unit PRD Application without. Subdivision $ 35.00 per dwelling unit (minimum $150.00) PID Applications $150.00 per acre (minimum $350.00) Renewal Conditional Use Permit 1/2 Current Fee (no change from original. application) After -the -Fact Fees COMMERCIAL SITE PLAN SUBDIVISION Sketch Plan (Class I, II, & III) Preliminary Review (r'lass I i II Subdivisions) Prel4minary Review (Cla: III and all non-residential) Double Application Fee Resolution 1306 $150.00 + Consultant Fee $150.00 11.10, Subd 7(A) $250.00 11.10, Subd 10(A)(B) $300.00 +$20/lot ! 1.10,Subd 10(C ($360/3 lots; $?80/4 lots) 1 ZONING APPLICATIONS (CONT.) Application Type Final Plat Review (Class III) Filing Fees: a) Plat only b) Plat + Easements & Covenants PUBLIC PROPERTY VACATION EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING REQUEST TO AMEND COMPREHENSIVE PLAN Applicable Fee Code Section $150.00 +Special Legal/Engineering Charges 11.10, Subd 17(A)(9; $ 75.00 11.10, Subd 17(A)(1] $150.00 $ 50.00 per Section 10.11 benefitting property ($250.00 minimum per application) $ 50.00 Section 10.11 $150.00 Section 10.11 $250.00 Section 10.11 $250.00 Section 10.11 SPECIAL IMPROVEMENTS Section 11.12, Subd 4 Non-refundable charges for C-ty Engineer's review of applications and design drawing, 'ncluding construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads Proposed Public Roads Request for City to accept existing private road Proposed Sanitary Sewer Main Extension Proposed Watermain Extension Propose] Storm Sewer System (excluding culverts) On -Site System - Site Evaluatior leview (applicable to rural subdivision applications) RIP -RAP Staff Review (normal rip -rap) Unusual Rip -Rap: a) New installation b) Repair existing APPEAL. TO PLANNING COMMISSION (of Administrative decision) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: $600.00 plus $900.00 plus $900.00 $250.00 plus $250.00 plus $200.00 500/lineal foot 50¢/lineal .`oot �5.00 per stub $5.00 per stub $ 30.00 per new lot proposed for on -site No Charge $100.00 + CUP review Stiff permit = $100.00 $100.00 10.06, Subd 3(D) 0.1% of project valuation ($250.00 minimum) plug $5,000.00 deposit for legal/ admini.strative expenses 2 ZONING APPLICATIONS (CONT.) Application Type Applicable Fee Code Section SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Section 10.11 Per Fee Schedule setforth below: Professional Time $ 25.00/hour Clerical Time $ 15.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER -THE -FACT APPLICATION INVESTIGATION FEFS (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip -rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building r :rmits and all general permits.) Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after -the -fact applications shall be twice the fee set -forth in the Oasic fee schedule, whether or not the application is thereafter appro-N;ad or denied. Payment of an after. -the -fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a ponalty or a waiver of the right of the City to institute civil or criminal legal actions against the aPplicant for commencing such work, use or division of land without the required prior approval of the City. After -the -fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Res. 1306 BONING APPLICATIONS (CONT.) PARK DEDICATION FEES Section 11.62, Subd 1 Cash contributions in lieu of land for use in the acquisition, development or maintenance of public parks, playgrounds, storm water holding areas and debt retirement in connection with land previously acquired for such public purposes. Residential Development - Cash contributions dedicated shall be according to the following table: Dwelling Unit Density (The greater of proposed A B C D E density or zoned permitted Single Single Duplex Mult. Existing density) Existing New Per Bldg Per Unit Res. acres/d.u. d.u./acre 5.00 or more .20 or less $ 50 $.100 $ 250 $150 $0 2.00 to 4.99 50 to .21 150 200 500 300 0 1.00 to 1.99 - 00 to .51 350 400 1000 600 0 .50 to .99 2.00 to 1.01 390 440 1100 660 0 .33 to .49 3.10 to 2.01 430 480 1200 720 0 .25 to .32 4.G0 to 3.01 470 520 1200 780 0 .16 to .24 6.00 to 4.01 510 560 1400 840 0 .15 to less 6.01 or more 550 600 1500 900 0 Key A Single Family Residence, Existing Vacant Lot: Fee to be paid with building permit for new residence on previously platted property or; if vacant land is subdivided, fee to be paid with subdivision for the one "existing" residential lot. 8 Single Family Residence, New Lot: Fee to be paid with subdivision for each "new" residential lot. C Duplex Residential: Fee to be paid with building permit or with subdivision, whichever occurs first, for each duplex building (duplex is defined as two attached single family residential units). Should an existing single family residence be converted to duplex, the fee shall be one half of the schedule amount due with the building permit. D Multifamily Residential: Fee to be paid with building permit or with subdivision, whichever occurs first, for each residential unit in a multifamily (three or more units) building. E Existing Residential: No fee is required for existing principal residential units. PARK DEDICAT10N FEES Commercial or Industrial Development. - Canh he at the rate of $500.00 per acre of gross building permit for principal structure or whichever occurs first. ^ontributions edicated shall land area, to be paid with at the time of subdivision, 4 CONSTRUCTION PERMITS AND INSPECTION FEES Permit Type BUILDING PERMIT Minimum Fee Normal Fee Plan Review Fee: Commercial Residential Building Valuation Standard CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) Applicable Fee Code Section (Ord. 216) $ 30.00 (per 1985 UBC/SBC Standard Schedule) (per 1985 UBC/SBC Standard Schedule) 65% of Building Permit Fee (per Current I.C.B.O. Building Standards/Building Valuation Data) RETAINING WALLS (in excess of 42" also multiple tiered walls that exceed 42") DOCKS - RESIDENTIAL DEMOLITION PERMIT Principal Use Accessory Use PLUMBING PERMIT Mail -in postage & handling charge MECHANICAL PERMIT $ 30.00 $ 30.00 minimum (per 1985 UBC St?­idard Schedule) $ 30.00 (Ord. 216) $ 30.00 $ 25.00 $ 30.00 minimum per project $ 4.00/fixture $ 2.00/fixture reset $ 1.50 Minumum Fee for any Mechanical Permit $ 30.00 per project Mail -in postage & handling charge $ 1.50 Residential, Single Family & Duplex by Unit Type -furnace or boiler with flue $ 15.00 each unit -wood stove with flue $ 15.00 each unit -wood combination or add -on unit $ 15.00 each unit -fireplace with flue $ 15.00 each unit -central air conditioning $ 15.00 each unit. -exhaust fans (bath, kitchen, attic, etc.) $ 15.00 per project -solar space heating equipment $ 15.00 each system -solar water heaters $ 15.00 each unit repairs and replacement of the above same as above -fir.• sprinkler systems $ 15.00 per project -fuel storage $ 15.00 permanent or -gas line inspection high/low pressure S 15.00 temporary r, CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Permit Type Fee MECHANICAL PERMITS (continued) Applicable Code Section Commercial. Industrial and Multi -Family Residential by Unit Tvoe -residential type equipment $ 15.00 per unit -furnace, boilers, unit heaters, and $ 15.00 per 30,000 btuh output makeup air units -central air conditioning $ 15.00 per ton AC -exhaust fans $ 15.00 per project -refrigeration $ 15.00 per compressor -fixed equipment with steam, hydraulic $ 15.00 per 8 connections or compressed air system -kitchen exhaust vents $ 15.00 -fuel storage $ 15.00 permanent or temporary SPRINKLER SYSTEMS - COMMERCIAL, -fire spr4.nkler systems $ 2.00 per head/first 50 heads - .30 per head after initial 50 Plan Review 1/2 permit fee Surcharge based on valuation -kitchen fire extinquishing system $ 30.00 per system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer Water 5/8" meter 3/4" meter larger meter Mail -in postage & handling charge (sewer and water permits only) $ 30.00 30.00 $ 95.00 $130.00 quote basis $ 1.50 ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed) By District - Project 1963 ST-lA, LS-lA or ST1-B, LSl-B 1964 LS-lA or LS-lB 1965 LS.-1 1965 LS-lA 1967 LS-1 1969 LS-1 Shore Hills 1969 LS-2 Chevy Chase 1970 LS-1 Saga Hill 1971 LS-1 Dunwoody 1973-1 1980-1 Minneton:ca Bluffs West Ferndale/County Road 15 Orono Lane County Road 15 Marinas 1980-2 North Shore Drive/Scotch Pine Lane 1981-1 North Shore Drive/Highwood 1982-1A Navarre Utilities 1982-1B Navarre Utilities Northern Avenue 1985-1 Crystal Bay 1983-1 Highway 12 Orono -Long Lake -Medina $225.00 + $379.94 per acre + 27.63 per F.F. $225.00 + $28.15 per F.F. $225.00 + $41.45 per F.F. $225.00 + $30.26 per F.F. $180.78 per unit + $18.05 per F.F. $225.00 + $8,956.40 per unit $6,416.48 per unit $225.00 + $3,431.54 per unit + 21.08 per F.F. $225.00 + $3,125.47 F,-r unit. + 19.20 T,er F.F. $6,060.25 per unit + $28.74 per F.F. $7,745.20 per unit $22,639.10 per unit $14,503.18 per unit $6,037.79 per unit $21,346.70 per unit $9,264.40 per unit $1,974.04 per unit + $810.16 trunk area $225.00 + $2,132.00 per acre + 159.90 trunk unit $5,577.00 per unit $879.45 per unit An additional fee is charged for properties benefitting from 1984 f oreenain and lift station t7 upgrade, as follows (see map for affected areas): lnitital #6 Charge By Pass 1. Existing Properties/Increase Previously Previously 2. New Bldgs Replacing Existing Bldgs 3. New Residential W/Existing Previously Previously Paid Paid Previously Previously Paid Paid 4. New Residential without Stub $225.00 $159.90 #7 Forcemain $357.11 If usage increases from from existing $357.11 $1,034.02 $1,034.02 5. Freshwater Biological $225.00 $159.90 $500/unit on connection (already assessed $2,000/ac) 7 ALL SANITARY SEWER CONNECTION CHARGES (CONT.) The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundarieL of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. ALL MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed) By District - Project 1967 LW-1 Highway 12/Crystal Lay Road 1969 LW-2 Chevy Chase 1970 LW-1 Navarre Residential 1970 LW-1 Navarre Commerical 1982-1A Navarro ON -SITE SYSTEMS Design Review FeeE Subdivision Site Evaluation Report Review Residential System Permit: Replace drainfield or replace 1/more tank Replace drainfield & replace 1/more tank New Residential System Non -Residential System Permit: New or Total replacement Partial replacement $3,164.64 per unit + $23.47 per F.F. $3,136.20 per unit $1,567.16 per unit + $15.67 per F.F. $2,350.74 per unit + $23.51 per F.F. $1,669.90 t)er unit (Ord. 210) Included with permit fees $ 30.00/per new lot $ 30.00 $ 50.00 $ 75.00 + $15.00 per eaci, inspection over 3 $100.00 + $20.00 per ea( inspection over 4 $ 60.00 + $20.00 per each inspection over 2 Outhouse Construction (New or replacement- Permit Fee & Plan Review Based Big Island Only) on Valuation of Project Annual Service Charge (per UBC 1985 Standard Schedule) $ 20.00/system/year plus An additional full fee for late_ penalty plus 8% interest for ondpaid charges ce-tified Sectic,n 1?..30, Subd 8(C) CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Permit Type WELL PERMITS -Installation of New/Replacement Well (covers abandonment of old well) -Well Abandonment (not concurrent with installation of new/replacement well) GRADING, EXCAVATION, FILLING - 1-100 cubic yards (max. 10 loads) - 101-999 cubic yards - 1,000+ cubic yards NOTE: 101 cubic yards or more requires a approved as part of building permit. Applicable Fee Code Section (Ord. 2:1) $ 30.00 $ 30.00 $ 50.00 (staff permit) (+engineering fee if necessary) $ 50.00 + Conditional Use Permit + $25.00 per each inspection over 1st $100.00 + Conditional Use Permit + $25.00 per each inspection over 1st Conditional Use Permit unless SIGNS Temporary $ 30.00 Permanent (Per 1985 UBC/SPC Standard Schedule) BUILDING MOVING OR LIFTING (Ord. 227) Fees for this activity are in addition to required building or demolition hermits. Fees and any necessary surcharges are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize movements. -Lifting accessory buildings $ 30.00 (no move across lot lines) -Lifting principal buildings $ 75.00 (no move across lot lines) (include pre -lift inspection fee) -Moving accessory building within normal No moving permit required highway clearance (max. 8' wide/max. 13'-6" high/mar.. 45' lonc1) -Moving accessory building over any lot $100.00 line, onto or off any lot within Orono (includes oversize loads up to 12' wide and/or 15' high). -Moving principal buildings over any lot $150.00 line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term- inating in Orono (includs all over- size loads exceeding 12' wide and/or 15' high). -Pre-move code inspection, principal buildings; a) Building within Orono to be relocated $ 50.00 within Orono b) Building outside Orono to be moved $150.00 into Orono (max. radius 25 miles) 9 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Appl' .able Permit Type Fee Codc Section SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $ 30.00 per trip + application on Big Island or boat rental Deering Island Reinspection fee after failure to comply $ 30.00 per trip + 30.00 per with Building or Zoning Code Correction hour after lst hour Notice - 3rd trip Inspections outside business hours $ 30.00 per hour (min. 2 hours, min. $50.00) FIRE PROTECTION (Ord. 223) Fire Prevention Inspection No Charge Fire Code Permits $ 30.00 each Commercial Fire Aiarm Per UBC Schedule Plan Review Fec 65% of permit fee BURNING PERMITS Up to 5 times per year No Charge For Each Reinspection $20.00 More than 5 times per year $100.00 (for all organizations an(! individi;iils regardless of tax status) CONTRACTUAL INSPECTION SERVTCI-: Per Contract Monthly Retainer Fee $ 25.00 per --)nth Inspection Charge (qtr hr increments) $ 20.00 per hots. (min. $10 1st inspection of each day) Flan Review Charge SBC/UBC Schedule Clerical Fee (as specified in co.tract) $ 10.00 LICENS7- . MISCELLANEOUS CHARGES Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) $300.00 + slip & goat fees Renewal App)ication i Inspection Fee $200.00 + slip & boat `ees (annual) plus: -each slit on water S 2.00 --ach dry clip inside or in racks $ 2.00 -each goat unit on land S 1.00 -late foe $150.00 LICENSES AND MISCELLANEOUS CHARGES (CONT.) Application Type JOINT USE DOCK LICENSE Application Fee (initial) Renewal Application Fee Plus each slip Late Fao SEPTIC INSTALLERS LICENSE - Annual GARBAGE HNULER LICENSE - flat rate - per hauler - transfer fee HOME OCCUPATION LICENSE PUBLIC DUMP LICENSE TEMPORARY TRAILERS & BUILDINGS LICENSE Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) Municipal Code Book Individual Chapters of Municipal Code Chapter 1-9, 12 Chapter 10 Chapter 11 On -Site Design Manual City Maps Building & Planning Publications General Administrative Licenses Applicable Fee Code Section $ 50.00 $ 20.00 $ 2.00 $ 25.00 $ 25.00 $ 30.00 $ 15.00/truck $ 30.00 $ 20.00 None Permitted $ 30.00 5.40 $ 30.00 $ 75.00 with Binder (2 vol.) $ 50.00 without Binder " $ 50.00 with Binder (1 vol.) $ .25 per page $ 25.00 $ 15.00 $ 5.00 $ 2.00 each As Posted - Prices subject to change Cigarette Sales License - per quarter $ 5.00 5.24 Gambling & Raffle License $ 10.00 5.23 Solicitation License $ 20.00 5.30 Up to 10 Solicitors - $1.00 o.-Ichadditional solicitor in Orono General Administrative Documents Listing Information $ 5.00 Assessment Search $ 10.00/parcel Copy Service (for public City records only) -first copy -additional copies Individual copies of Ordinances (1 coley) Reprint of Oversized Documents that have been microfilmed Building Plan Copies $ 1.00 $ .25 each No Charge S 2.50 each/ Minimum Charge $10.00 Cost. of Copying, Mesf.enaer Service & Min. Clerical Fee of $5.00 (entire amount tc> be paid upon request) LICENSES AND MISCELLANEOUS CHARGES (CONT.) A2r ication Type r Kennels DOG LICENSES Biannual License (issued in odd years) Annual License (issued in even years only) KENNEL LICENSES Applicable Fee Code Section $ 15.00 $ 7.50 9.12 5.36 Commercial Application & Inspection Fee $150.00 (Annual) Residential Application & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE - RELEASE FEE 9.12 First Offense $ 20.00 Second Offense $ 30.00 Third Offense $ 40.00 (All fees, plus kennel charge, payable to kennel) ANIMALS AT LARGE (Other than dogs) First Offense Second Offense Third Offense Trace & Catch Animal Trailer Charqe CARE OF IMPOUNDED ANIMAL Police Department Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale In state investigation up to $10,000 Out state investigation -actual cost Initial Investigation. -All Other Off -Sale Liquor License Bond Requirement On -Sale Liquor License On -Sale Wine License 3.2 Beer Off -Sale (Annual) 3.2 Beer On -Sale (Annual) Setups (Annual) Club Liquor License (weekday) (Sunday) Temporary Set-up Fermit (one day) Temporary Beer- Permit (one clay) 9.13 $ 20.00 $ 35.00 $ 50.00 $ 20.00/hour $ 20.00 plus .2'.' mile (total distance) Actual Cost $500.06 per L,i.cense Collected at Applicofi-)n $150.00/person Res. 130- $150.00 4.30 $5,000.00 $4,000.00 4.30 $750.00 4.40 $ 25.00 4.20 $ 75.00 4.20 $100.00 4.60 $100.00 4.50 $200.00 4.50 $ 25.00/each 4.61 $ 15.00/each 4.21 12 LICENSES AND MISCELLANEOUS CHARGES (CONT.) Applicable Application Type Fee Code Section Police Department Administered AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annual) $100.00 plus machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (Annual) $100.00 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIREWORKS PERMIT $ 10.00 9.10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10.00 9.10 (limited u:;e) Annual (Club Only) $ 25.00 LIMITED TRAPPING PERMIT $ 10.00 9.11 Ord. 232 Ord. 243 PERMIT FOR PARADES 6 SPECIAL EVENTS $ 25.00 6.08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50.00 each call ' 10 total) Next j false alarms/calendar year $100.00 each call (11-15 total) Each additional false alarm over 15/ $150 00 each call calendar year FINGERPRINTING SERVICE $ 10.00/application (Citizenship Nc Charge) COPY SERVICE First Two Copies $ 3.00 Additional Copies $ 0.2.5 each COPY OF ACCIDENT REPORTS $ 3.00 each COPY FROM MICROFICHE FII,E First Two Copies $ 5.00 Additional. Copies .25 each "NO PARKING ORDFR OF 110I,ICF" FAPFR FIGNS $ 0.25 each (no lathe included) j3 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective beginning Third Quarter 1986 MUNICIPAL SEWER RATE by unit: $ 51.15 per quarter by flow: $ 2.90 per quarter per $1.90/1000 gallons Area it Area A2 Area #3 MUNICIPAL WATER RATES Navarre Long Lake Wayzata Billing & Ready to Serve Chg $12.80/qtr $6.70/qtr $5.35/qtr Water Usage Rate $ 1.17/1000 gal $2.50/1000 gal $1.40/1000 gal Unconnected Property Chg $12.80/qtr -0- -0- (ready to serve/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $12.80/qtr billing charge plus $1.17/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills - 15% after 45 days from billing date. Interest at 88 on unpaid water/sewer bills certified. Water Turn -On Water Turn -Off $15.00 $15.00 Water System Repair/Rer cement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost flu PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) GOLF COURSE CHARGES - Effective date 1987 Season Fee Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon 1st Nine Holes $ 5.50 2nd Nine Holes $ 3.00 After 12 Noon and Weekend Rates 1st Nine Holes $ 5.50 2nd Nine Holes $ 3.00 League Rates Monday thru Friday $ 5.00 Senior Citizen !Over 60 years old) Begin Play Before 12:00 Noon - Weekdays 1st Nine Holes $ 3.50 2nd Nine Hcles $ 3.00 Weekends - lst Nine Holes $ 5.25 2nd Nine Holes $ 3.00 Season Ticket (Senior Citizens Only) $90.00 Golf Cart Rental Motorized 1st Nine Holes $ 7.00 2nd Nine Holes $ 5.50 Pull Carts - Per Round $ .75 Golf Clubs - Per Round $ 2.00 Cuncessions As Posted PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) PUBLIC WORKS SUPPLIES 6 SERVICES Street or Traffic Signs (sale includes installation) Driveway Culverts (sale only, not installed) Water Meter Sales (See Building Permit Section) Temporary No Parking Signs (with lathe) Fee $ 75.00/std. sign On Quote Basis $ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1988 fee schedule shall be published in the Laker and Pioneer Newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono on this _ day of , 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor f 111687.2 / / TO: Mayor and City Council FROM: Mark Bernhardson, City Administrat4_ DATE: November 13, 1987 SUBJECT: Tax Forfeited Properties Attachment: A. Tax Forfeited Property Memo Dated 10/30/87 (without Attachments) B. Draft Resolution Retain for Public Use by the City C. Draft Resolution Land Released for Private Sale to Adjacent Owners ISSUE - Adoption of resolutions for Hennepin County indicating CiEy -of Orono's desire recy- ding tax forfeited properties. INTRODUCTION - At your last meeting the properties in question were discussed and based on direction at the meeting the attached resolutions have been prepared. RECOMMENDATION - It is recommended that the attached resolutions 6e- passed_as presented. As noted last time the City will be taking steps to explore over the next several months the issue as to whether the properties in the Highwood area should be retained as park land or packaged and sold as developable property. As part of this process the City would obtain an approximate appraisal on the value of the land together with consideration t,y the Park Commission as to the appropriatness of it as pa•-1, land. PROPOSED MOTION - Moved by _ , seconded by , that the Council adopt resolutions and _ regarding parcels of tax forfeited properties together with directing staff to explore the park usage of these properties. Ayes __, Nays __ TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator" DATE: October 30, 1987 SUBJECT: Tax Forfeited Properties Attachment: A. Hennepin County Letter/Tax Forfeited Properties Dated 10/9/8'1 B. Orono Guidelines/Tux Forfeited Property Dated 3/17/87 C. Tax Forfeited Properties ISSUE - Discussion by Council to give staff direction regarding act n for tax forfeited properties listed in Attachment A. INTRODUCTION - On a sporadic basis Hennepin County transmittes to the individual Cities the list of properties that have been declared tax forfeit as a result of failure to pay taxes generally within a three year period. Cities have the alternative of taking one of the following actions. A. Request a "No Sale" for a temporary period of time; B. Retain for City property; C. Approve private sale (generally to abutting property owners); D. Release for unrestricted sale. Given the varying situations on a property these various tools have been >elected by the City over the years. Generally the goal is that if it is a developable piece of property for which the City has no park or road purposes that it be placed for sale to get it back on the tax rolls. A rel4ted issue is the fact that sometimes these have outstanding assessments on then. and when placed for public sale these assessments are then collected for the City. DISCUSSION - As noted in Attachment C the four groups of properties have various recommendations for possibilities listed to them. The property listed in Group: A. 1635 Concordia - This property has been redeemed by the cane-- ro is no longer on the tax forfeit list. B. Represents additional property that could be added to City's existing "Wilderness park in that area. The trade-off however, would be the fact '_hat the City would either forgo the outstanding $25,102 in principal and interest or reimburse the outstanding assessments from 1 the Park Fund. While taking the land for park purposes at this point, the staff will be exploring: a.) Use as part of the park; b.) Eventual "packaging and return to market; c.) Exploring sale of all the property for development given low use as a park C. The Navarre Heights property (17-117-23 43 0073) is substandard for the zoning district, .154 acres in a .5 acre zone. Given the size and small amount of the outstanding assessment on the property it is recommended it be placed on limited sale :o an abutting property owner on either side subject tc doing a lot combination. D. As with C, (06-117-23 41 0061) this is property that is substandard for the zoning classification (.146 cares in a 1 acre zone.) It is also recommended that it be released for limited sale. In both C and D the City would notify the abutting property owners that they are available for sale. ALTERNATIVES - 1. Accept staff's recommendation regarding disposition of the various properties and direct staff to prepare resolutions for adoption at the 11/23/87 Council meeting. 2. Discuss and table for further consideration on the matter until 11/23/87. (It is recommended that the derision and resolutions be adopted at that meeting as the City has to respond to Iiennepin Ccunty no later than 12/9/87.) RECOMMENDATION - The following recommendations are made regarding the pieces of property listed above: Property Group - A. No action required. B. Declare all the parcels for park land. C. and D. Sale of the properties as limited sale to abutting grope -ty owners. PROPOSED MOTION - Moved by , seconded by _, that the Council direct staff to develop reso`lution:- for adoption at the November 23, 1987 meeting regarding the tax forfeited lots Listed in Attachment. A. Ayes _—, Nays 2 C ilty of ORONO — XV RESOLUTION OF THE CITY COUNCIL ►'. t^ NO. ,,. REQUESTING CONVEYANCE OF TAX FORFEIT LANDS FOR PUBLIC USE BY THE CITY OF ORONO WHEREAS, the City fo Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statute 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnnsota for nonaayment of real estate taxes; and WHEREAS, the Hennepin County Board of Commissioners have classified said lands as non -conservation land and have authorized the sale of each such parcel of land subject to review and release by the City; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use buy the City as authorized by the statutes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minne:;ota Statute Section 282.01, Subdivision 1, hereby applies to the Hennepin County Board of Commissioners and to the Commissioner of Revenue for conveyance of the following tax forfeited lands to the City for addition to park land. PARCELS RETAINED FOR USE BY THE CITY District P.I.Q. Public Pureose 38 07-117-23 44 0053 Park purposes 38 07-117-23 44 0054 Park purposes 38 07-117-23 44 0055 Park purposes 38 07-117-23 44 0059 Park purposes Adopted by the City Council of the city of Oorno, Minnesota at a regular meeting held the 23rd Jay of tlovember, 1987, by a vote of __ ayes and nays. JamesR. Grai)c k, Mayor ATT17'ST: Dorothy M. Ha11In, Clay-Cler�C- -- y City of ORONO RESOLUTION OF THE CITY COUNCIL NO. —. TAX FORFEITED LAND RELEASED FOR PRIVATE SALE TO ADJACENT OWNERS WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and .S, pursuant to M*'.nnesota Statutes 282, the City has recei am Hennepin County a list of lands within the City which have uecome the property :,f the State of Minnesota for non- payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the Statutes. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minesota Statutes 282, hereby approves the classification of each of the following parcels of land as non -conservation land, and furthermore, approves the public sale of each parcel of land as listed below to adjacent property owners. All parcel-- remain subject to all applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcel(s). Release of these lands by the City Cr-incil is subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. PARCELS RELEASED FOR SALE Di`trict Property Identification Number 33 06-117-23 41 00 l 38 17-117-23 43 0073 City of ORONO RESOLUTION OF THE CITY COUNCIL N0 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 23rd day of November, 1987, by a vote of _-- ayes and nays. ------------------------- --- ---- James R. Grabek, Mayor ATTEST: Dorothy M. iiallin, ('ity Clerk ..V3087.3 TO: Mayor and City Council I ��r Ilr FROM: Mark Bernhardson, City Administrator DATE: November 20, 1987 SUBJECT: 1983 Animal Control Contracts Attachment: A. City of Minnetonka Beach Animal Control Contr-zt B. City of Spring Park Animal Control Contract C. Animal Control Extension of Service Memo Dated 9/22,/87 ISSUE - Formal adoption of the Animal Control service contracts for the various cities for 1988. INTRODUCTION_ - At the Council's September 27, 1987 Council meeting the Council approved the extension of Animal Control Service to the three communities interested. Since that time the Chief of Police has developed a contract for that and this has been adopted by the two individual cities. It is anticipated Long Lake will be submitting their suggested revisions in the next few weeks. ALTERNATIVES - The Council has the following alternatives regarding action: A. Adoption as presented; B. Adoption as amended by Council; C. Decline extension of service; D. Table for further discussion. RECOMMENDATION - It is recommended that the two contrar"ta be formally adopted by tl,e City of Orono. PROPOSED MOTION - Moved by , seconded by , that the City of Orono agrees to enter into the attached contracts with the cities of Spring Park and Minnetonka Beach for animal control services for 1988. Ayes Nays ROBERT L. N"LAMED 1 212 EAST WAYZATA BLVD. WAYZATA. MINNE_30TA 55391 November 11, 1987 The City of Orono Police Department P.O. Box 86 Crystal Bay, Minnesota 55323 Attn: M.H. Kilho Chief of Police Dear Sir Enclosed please find two (2) copies of a properly executed Animal Con- trol Contract between the City of the Village of Minnetonka Beach and the City of Orono. This contract is for animal control service by the Public Service Officer of the City of Orono for the period January 1 thru December 31st, 1988. As provided in the contract, we request that the City of Drono render routine patrol service at the rate of two (2) hours per week to begin with and in addition to be available for on -call patrol as needed. As we discussed, we request that the City of Orono's Public Service Officer familiarize himself or herself with the important elements of the Minnetonka Beach Ordinance on Animal Control and that your com►r.uni- cation be either with Barbara Bedel in the city office or the undersigned. At sometime prior- to January 1, 1988, a meeting of yourself, the Public Service Officer, Barbara Bedel and myself would perhaps be in order. I will await hearing from you. Thank you very much. Looking forward to this relationship. S'nc rely y urs, obert L. Melamed Member of City Council Animal Control c,fficer City of the Village of Minnetonka Beach RLM/lj encl. cc: Ms. Lois C. Johnson, Mayor Village of Minnetonka Beach AGREEMENT made this _L_day of _N , 198-9! by and between the City of Orono, (herein referred to as "Contractor") and the City of Minnetonka Beach, located in the County of Hennepin, State of Minnesota, (herein referred to as "City"). In consideration of the eovenantV and agreements hereinafter set forth, it is mutually agreed by and between the parties heretc as follows: 1. This agreeme shall be effective as of r�_ and shall conti ae in effect until Decerrb z' , 198 , unless cancelled pursuant to Paragraph 15. 2. Contractor agrees to patrol the public Greets of the City in a vehicle especially designed for the transportation of small animals, in accordance with a schedule agreed upon by both parties. The vehicle shall have proper identification displayed on two sides including the words "Community Service". Contractor further agrees to insure, service, and maintain said equipment. 3. Contractor agrees that patrolling shall be done by competent personnel trained in the handling of animals. Said employees shall perform their duties only while in proper uniform and shall wear identification as to indicate employee's nacre, title, and place of em-loyment. 4. The City shall authorize Contractor to apprehend and retain dogs, cats, ai.d other animals, and/or issue citation tags for violations of the City Ordinances. However, Contractor will not invade the private property contrary to the wishes of the owner of said property nor forcibly take an animal from anv person withov.t the approval and assistance of a regular officer of I -e City. 3. Outside of regular animal control officer availability in the community, the animal control officer may be called to the scene when deemed appropriate is the sole discretion of a regular police officer: A. If an animal control officers is on patrol in another community, the community to whoa he/she responds will have that time of patrol deducted frorn the r.onthly total. U. If ret available in another cor. xnity, this call will be charged on a special call -out basis. 6. In accordance with this Agreement, all impounded animals shall be transported to and confined at the Corcor- . Pet Care Center located on Cty. Rd. 116 and Cty. Rd. 10 in Corcoran, MN. The Contractor warrants that the Corcoran Pet Care Center has been and will be inspected by him periodically and that it conforms to all applicable regulations both as to the facilities provided for the impoundment of animals placed there. In the evert that it does not continue to conform to such standards, the Contractor shall immediately notify the City and shall recommend a different impound facility. Hours of the facility at Corcoran Pet C , are 8 am to 8 um daily. AN IKAL CON1,<UL CONTRACT Page 2 7. At the time impounded animal is confined at Corcoran Pet Care Center, Contractor is released of all interests and liability while animal is at Corcoran Pet Center. ..Pprcoran Pet Care Center shall collect the impounding fee and boarding charge as provided by City Ordinance. Contractor and Corcoran Pet Care Center shall furnish monthly reports to the City as required as to the service or services rendered in connection with each animal impounded. All impounding fees, license fees, and/or penalty fees collected by Contractor or its agent and/or Corcoran Pet Care Center shall be remitted to the City. B. In the event an animal impounded and boarded by order of the City Health Officer or placed under quarantine by ruling of the State Board of Health, said anival shall be boarded as required by said order or ruling. At the end of such period, the City releases all its interests, right, and control over said animals which may then be disposed of at the discretion of Contractor. In the event that any dogs, cats, or other impounded animals are unclaimed after five (5) days, they shall become the property of Contractor and may be disposed of or sold at their discretion. All proceeds from the disposition of such animals may be retained by Contractor, including any proceeds from any animals disposed of in acccrdance to Mt: Statutes 35.71. 9. The Contractor shall keep records of all animal: impounded togW%er with a d6scription of the same. 10. The City agrees to pay Contractor for services in the performance of this contract as follows: .A. Price per hour - For J-,,:duled patrol based on actual tir~e in service for the C'.f•. ., $12.00 B. Price -ter Call - For unscheduled sf7vice during regular working hours -)f 7 am to 6 pm wee' -.days . . . . . . . . . . . . $21.00 C. Price per Call - For serv.co during othe,- than ., I-,eduled or regular working ' rs . . . . . . . . . . . . . . . $21.00 D. Monthly administrative charge . . . . . . . $15.00 11 All payments shall be made by the City upon receipt of r,onthly statements by Contractor. Payments shall be made within ten (10) Jays of receipt of statement City agrees to pay for reasonal.,le veterinary cost for emergency care d(-emed neeesnary, unless the own(,T- reclaims animal and the owner will pay. , .. ANIMAL CONTROL CUNTRACT Page 3 13. Contractor agrees that during the period of this contract, it will not, within the State of Minnesota, discriminate against any employee or applicant jr eMp'loyment because of race, color, geed, 4ex, national origin, or ancestry and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted in the contract to comply with the provisions of MN Statutes 181.59. 14. Either party hereto may cancel this contract within thirty (30) days written notice thereof to the other party. It. E PRESENCE IN 15;1r.� r�l. AGREEMENT made this 20th___ day of _ November 1 1987 1: and between the City of Orono, (herein referred to as "Contractor") and the City of Spring Park, located in the County of Hennepin, State of Minnesot" (herein referred to as "City'') . In consideration of the covenant's' and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of january i, 1988 _ and shall continue in effect until December 31, 1988 unless cancelled pursuant to Paragraph 1�1. 2. Contractor agrees to patrol the public streets of the City in a vehicle especially designed for the transportation of small animals, in accordance with a schedule agreed upon by both parties. ;pie vehicle shall have proper identification displayed on two sides including the words "Community Service". Contractor further agrees to insure, service, acid maintain said equipment. 3. Contractor agrees that patrolling shall be done by competent ersonnel trained in the handling of animals. Said employees shall peryorm their duties only while in proper uniform and shall wear identification as to indicate employee's name, title, and place of employment. 4. The City shall authorize Contractor to apprehend and retain dogs, cats, and other animals, and/or issue citation tags for violations of the City Ordinances. However, Contractor will not invade the private property contrary to the wishes of the owner of said property nor forcibly take an anima`. from anv person without the apBroval and assistance of a regular officer of the City. 5. Outside of regular animal control officer availability in the community, the animal control officer may be called to the scene when deemed appropriate is the sole discretion of a rea_ular police officer: A. If L animal control officers is on patrol in another comm:r.unity, the community to whoa. he/she responds will have that time of patrol deducted f rorg the monthly total. H. If not available in another corrTunity, thie call will be charced on a special call -out basis. 6. In accordance with this Agreement, all impounded animals shall be transported to and confined at the Corcoran Pet Care Center located on Cty. Rd. 116 and Cty. Re.. lG in Corcoran, MN. The Contractor warrants that the Corcoran Pet Care Center has veen and will be Inspected by him periodically and that it conforms to all applicable regulations Moth a_: tc the facilities provided for the impoundment of animals pla,: '-be-e. In the event that it does not continue to conform to such ►cards, the Contractor shall immediately notify the City and shall rc corrxiend a different impound facility. Hours of the facility at Cjreo-- ar, Pet Care are 8 am to 8 pm daily. AN1.:AL CONTROL CONTRACT Page 2 7. At the time impounded animal is confined at Corcoran Pet Care Center, Contractor is released of all interests and liability while animal is at Corcoran Pet Center. ,.�Pprcoran Pet Care Center shall collect the impounding fee and boarding charge as provided by City Ordinance. Contractor and Corcoran Pet Care Center shall furnish monthly reports to the City as required as to the service or services rendered in connection with each animal impounded. All impounding fees, license fees, and/or penalty fees collected by Contractor or its agent and/or Corcoran Pet Care Center shall be remitted to the City. 8. In the event an animal impounded and boarded by order of the City Health Officer or placed under quarantine by ruling of the State Hoard of health, said animal shall be boarded as required by said c.rder or ruling. At the end of such period, the City releases all its interests, right, and control over said animals which may then be disposed of at the discretion of Contractor. In the event that any dogs, cats, or other impounded animals are unclaimed after five (5) days, they shall become the property of Contractor and may be disposed of or sold at their discretion. All proceeds from the disposition of such animals may be retained by Contractor, including any proceeds from any animals disposed of in accordance to MN Statutes 35.71. 9. The Contractor shall keep records of all animals impounded together with a d6scription of the same. 10. The City agrees to pay Contractor for services in the performance of this contract as follows: .A. Price per hour - For scheduled patrol based on actual time in service for the City . . . . . . . . . . . . . . . .# $12.00 B. Price per Call - For unscheduled service during regular working hours of 7 am to 6 pm weekdays . . . . . . . . . . $21.00 C. Price per Call - For service Suring other than s cheoi.led or regular working hours $21.00 D. Monthly administrative charge $15.00 11. All payments shall be made by the City upon receipt of monthly statements by Contractor. Payments shall be made within ten (10 ) days of receipt of statement. 12. City agrees to pay for reasonable veterinary cost for emergepcy care deemed necessary, unless the owner reclaims animal and the owner will pay. ANfMAL CONTROL CONTRACT Page 3 13. Contractor agrees that during the period of this contract, it will not, within the State of Minnesota, discriminate against any employee or applicant for etrfloyment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted in the contract to comply with the provisions of M21 Statutes 181.59. 14. Either party hereto may cancel this contract within thirty (30) days written notice thereof to the other party. IN THE PRESENCE OF: IN THE PRESENCE OF - City Af SPRI, G MAYOR/ / ADMINISTRATOR/CLERK/TREASURER CITY OF ORONO B Y 11 Y C1. $^, rW.7r %MENDMENI' This Amendment is attached to and made a part of the Animal Control Contract dated November 20 , 1987 between the Cite of Orono, Minnesota (the "Contractor") and the City of Spring Park, Minnesota (the "City"). 1. in the event of any conflict between the provisions of this Amendment and the terms of the Animal Control Contract, the provisions of this Amendment shall control. 2. The parties to this Contract agree that the Contractor is an independent contractor of the City for animal control services. The City is interested only in the results to be achieved. The manner and means of conducting the work are under the control of the Contractor except to the extent they are limited by tt,,� express terms of this Contract. Personnel assigned to perform animal control services by the Contractor shall be employees of the Contractor aiiii not employees of the City and the Contractor shall assume all :b]iga_ions arising out of the cj1plc/ment relationship, including but not limited to salary, workVL's compensation, P.E.R.A., withholding tax, and health insurance. The City shall nc be required to furnish or be otherwise: responsible fcr fringe Nx nefits or other such compensation of such employees. 3. The Contractor will defend, hold harmless, and pay on behalf of the City, any claims, judgments, demands or suits related to or arising out of the provision of services by the Contractor pursuant to the terms of this Contract. 4. The Contractor will keep and maintain: (a) Automobile insurance, including non -owned and hired autos in an amount not less than 100,000; 300,000: 100,000 ,b) Worker's Compensation insurance (c) Liability insurance in an amount not less than the Statutory limitation of liahil+_ -o: cable co the Contractor. The Contractor shall, if requested by the City, furnish certificate, or other evidence of: insurance. CITY OF SPRING PARK r By: Its: MAY CITY OF ORONO ry: 92387.3 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratorr��'� V DATE: SA: t:.,..!)er 22, 1987 SUBJECT: Extension of Service/Animal Control - City of Minnetonka Beach - City of Spring Park Attachment: A. Extension of Service Memo Dated 7/22/87 ISSUE - Determination as to whether the City desires to extend its animal control services to the Cities of Spring Park and Minnetonka Beach for 1988. INTRODUCTION - As noted in Attachment A the City of Orono has offered to extend its animal control service to the City of Long Lake for 1987. To date the City of Long Lake has indi ated their interest in doing such, however in light of them• recent budgetary constraints they have not acted further on it for 1987, but have indicated for 1988 that they would desire to have an on call service. DISCUSSION_ - Subsequent to that both the City of Spring Park and EE—e City of Minnetonka Beach have indicated their desire to contract with Orono for this service. Minnetonka Beach has indicated it would be an on call service only and the City of Spring Park indicated that they would like two hours of patrol a week. As noted at budget time, such requests could be handled within the expenditure level set and that the revenues would be an off set currently not anticipated within the budget. RECOMMENDATION - It is recommended that the City of Orono extend Tts animal control services to the Cities of Spring Park for two hours per week patrol plus on call service, City of Minnetonka Beach and City of Long Lake for on call services only for the contract year 1988. PROPOSED MOTION - Moved by J. seconded by _ , that the Orono Council directs staff to offer the Cities of Long Lake, Spring Park and Minnetonka Beach animal patrol and/or call out service utilizing the Community Service Officers for 1988. Ayes Nays �- 61-'d/.3 TO: Mayor and City Council 1'; N ( 1987 FROM: Mark Bernhardson, City Administrato - r'*'i-N ;;npj DATE: July 22, 1987 SUBJECT: Extension of Service -- City of Long Dice - Animal Control Service Attachment A. Animal Control Memo Dated 3/2/87 B. Criteria for Extension of Service Contracting C. Animal Control/Kilbc Memo 7/22/87 ISSUE - Determination as to whether the City desires to extend YET Animal Control Service to the City of Long Lake. INTRODUCTION - As noted in Attachment A the City of Orono recently commenced its Animal Control program through the utilization of Community Service Officers. As noted during the last couple Council meetings this arrangement has been working better than expected. Presently the service provides patrol on an average of four hours a day in the City of Orono. The City of Long Lake currently contracts with a private firm for two hours of patrol per week plus costs for call outs. Attachment B outlines the major considerations generally that should be reviewed prior to any extension of service. DISCUSSION - Because the City of Long Lake desires to improve the responsiveness of the calls together with a reduction in the overall cost of their program. They have expressed as noted in their desire to further explore a contractual agreement with Orono as it relates to Community Service Officers. RATES - The rate for the patrol portion of the service together with the rates established for call outs would be in excess of the cost of this to the City of Orono. Proposed rates are outlined in Attachment C. As this is within "available" capacity there will be no inct,�ase in the number of personnel, equipment costs or space needs. The addition of Long Lake would be done with additional hours for the CSO's (2-3 per week) to be paid by Long Lakc. Additionally they will assist in defraying existing costs of the system. Budgeting and accounting would be handled separately from the Police Budget in an Animal Control Budget in order not to confuse the pricing and "separateness" of the animal control service. This addition should not haves a major impact on priority service to Orono. Growth in the service to either Long Lake or nrona should be able to be handled through addition of hours to curLent personnel. The pilot program of the department's own peronnel doing nimal control has at this point resulted in better service to the Orono community for the same budgeted dollars. a. Greater amount of patrol b. Better responsiveness in handling difficult/complicated animal problems such as raccoon, stray cats, geese etc. c. Better relations in handling stray animals being ticketed and given to owner rather than animal hospital on first offenses. d. Better patrol support plus offic rs better understanding of animal control as a department function. e. Consistency in service availability and boarding locations. Staff will be recommending continuation of ':he program for 1988 during the budget process. RECOM14ENDATION - It is recommended that the City of Orono offer exte_nsion of Animal Control services to the City of Long Lake to help defray its costs plug providing a better service at a more economical cost to the City of Long Lake in the areas of: - Patrol - Non patrol call out This not only helps the City of Long Lake, but also assists in the Police Department in its general duties in obtaining a more responsive Animal Control service with which to work. As the current Community Service Officers are working 15 hours per week this two hours per week will be added to their time wit)-, an adverse impact on Orono's program. This service will be offered to Long Lake for the balance of 1987 with the understanding that final approval for continuation in 1988 will be dependent on Council approval in September. PROPOSED MOTION - Moved by _ , seconded by �, that the Ort City Council direct staff to of'ir to the City of Long Lake f. Animal Control Services patrol/ .nd call out service utilizir, Community Service Officers for 1987 subject to Council f.nal contact approval with 1998 service contingent upon Council approval of continuation of inhouse animal control during the 1988 budget process in September. Ayes _._, Nays _ TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator% u DATE: March 2, 1987 SUBJECT: 1987 Animal Control Contract Attachment: A. Animal Control Memo Dated 121'2/86 ISSUE - Alternative means of providing service for animal control for 1987. INTRODUCTION - Because of the City's difficult- to obtainreTTable contractor and given the history •19 over the last couple years, the City brought meeting on December 8, 1986 recommendation t.. y establish its own in house program for animal control 4 !d in Attachment A. Subsequent to that the City has attei.t.ted to obtain contracts with other firms, however, they are not: offering service out in this area. Additionally subsequo. to the December 8th meeting the City of Long Lake indicated t .eir difficulty in obtaining a contractor and stated their willingness to enter into a contractural service for this item should Orono Police offer this service. DISCUSSION - The proposed service ould be within the dollars Eu geeted for contract service in 1987 and it is felt that the amount of animal control available under this program would be over and above that offered by a contractural --;.-rice plus being able to better control the program. Part of the problem with the services is the fact that one service has changed their place for boarding animals thre- times during 1986 and it becomes extremely difficult to direct people as to where they should go to pick ;!p their pets as the -'c:ation is changing on a frequent basis. Additionally some :here locations h ve been quite far +sway from the community and it is felt that with the City's own program would stay wi!h the Corcoran Pet 'iospita 1, wh' •h although not the closest k,:,nvel, is a fairly reliable anim• :pital and the change would not be frequent. In addition to providing animal control services it is anticipated that this program will in addition to offering animal control at a level higher than currently obtained under contract basis and allow for additional items to be conducted by this individual to assist the Police Department in other areas, however the primary focus will be in the area of animal control. RECOMMf i .^.•TUN — It is st-iffIs recommendation that this be set u! as a pilot t program for 1987 to evaluate the City's ability to provide this service for a Similar dollar amount with service tieing above that provided i;r.eder the (•ontractural arrangement together with offering services to the other Police contract cities to the extent that thty are interested. This will be trough -k for yoo rp% i-w this fall to determine if the program shoul-, ,e utilizes. -:r lyyd. PROPOSED ► :OT ION — Moved by _, seconded by _ _, to accept sta f f's recommendation for the in house provision of animal control services by undertaking the estaLlishment of Community Service Officer program within the amount budgetel for animal control for 1987. Ayes _, trays _ cc: Mel Nilbo, Police ChiE` 12286.1 TO: 'tayor and City Council FROM: Mark Bernhardson, City Administrator�`� DATE: December 2, 19bli SUBJWT: 1986 Animal Control. Contract ISSUE - Alternatc means of providing service for animal control commencing in 1987. DISCUSSIoll - Over the past several years the � ty h_ 3 contracted with fietropolitan Anim 1 Patrol Service, Inc. (MAPSI) until their contract with the City of Minneapolis was terminated in April 1986, ttinneapoiis at that point used their own in-house animal control service. Following that, the City contracted with, Linda Kadlac as an independent contractor who had an excellent reputation in the ::orthera suburbs. She, however, realized that she had over extender] her operation and was f •ced to ce.lccl the contra �t in Septeiaber. nhe City then attempted to establish - contract with an individual whom she had hired but thac was unsuccessful. The only contract service presently available '!: the private sect..r is Midwest Animal Control, the P_:ccesso: to t1APSI. The City owever, is c )ncerned about their stability as they have ch?n-ea thei_ location for keeF.ing of animals several times an-'. there is some question as to tl:sir withdrawing service in this area. The City has made several attempts to work a contract ou" wit' private firm however, to date this not 5.een succe an alternative the City he, looked orovi�iny an: nti sorvi,:_,� tarough a Community Service officer progr, ), in r.;urh the sane manner `hat the abutting communitic:. .oand, Plymouth, Wayzata and several .:)f the other f irst and sL _.,:,d ring suburbs have done. Suc.:. s program ild entail tht pr.rt ti-re employment on an average of approxin, :ly 10 hours per week provision of animal. control. These hours would t- -djusted so that they would be targeted to the prime anima). c .L�rol times. In addition to cersonnei costs the City would ii,cur cc,sts for animal hoarding together with provision of the vehicle. The follr..w-ing represents an estimated budget for this !.rogram for Orono al^r Pcrsonne' $51000 Vehicle 2,000 Animal Boarding 1,00" Miscellaneous :t'U This budget rep:esentb the total of `,8,400.00 that the City of lr^no had budgeted For contract for this year. The City would work wit' tong Lake, Spring Park and Minnetonka Beach (which have budgete(. total of $5,500.00 in those communities to .1ssist in funding this program). Contracting of this service with those coj:munities that are interested would on the basis of patrolling, calls and related expenses. While the City has not in the past totally utiliized its budget for animal control it i* antijipated that there will be a growing need particularly in the area of non -domesticated animals such as geese and raccoons. Animal control during the hours this individual is not on board would be handled by the Patrol Officers. R--COMMENDATION - It is staff's recommendation that the City initiate setting up a program to provide not only animal control services but to the extent that there are related services that might blend with this job, that personnel be c, ilized for those in a,:dition, with the program to be in the a )unts tudgeted. ',3c.'itionally the staff is directed to work with o,,-er communities r._erestecl in contracting this service. PROPOSED 110TION - :loved by seconded by _, to accept staf f's recommendation for the 21teCnative delivery of services for 1987 and undertake establir hment of a Community service )fficer program within the am.:�unt budgeted for contract services for animal control for 198-. -Ayes ,, gays — /b67.3 CITY OF OROWO EXTENSION OF SERVICE CONTRACTING REVIEW CRITERIA This represent the areas at a minimum to be considered as any proposed service extension to any other organization. I. SERVICE CAPACITY A. Measure/Quantify Impacts on: 1. Capacity Determination a. Within existing capacity b. Beyond existing capacity 2. Areas of Capacity a. Review Personnel b. Capital Equipment c. Space Requirements d. Service Requirements e. Other B. Financial 1. Cost Accounting of all Related Costs 2. Revenue/Cost Equation - Equal or Less Cost? 3. Pricing All Costs • Current * Long Term II. SERVICE PROGNOSIS A. Service Priority/Impact 1. Orono 2. Existing Contracts B. Long TAt Expect, -Lien Regarding Service Growth III. "MARKET" CRITERIA A. Market Area - Limited to Abutting Communii-ies and Organizations B. Criteria 1. Reduced cost for same service level or, 2. Same cost for incrc. ^d service level C. Services Available For Contracting Police_---- Utility Maintenance Building Inspection Animal Control Not Availab'r For Contracting AdminiF.tration ----------------- Financial Eloct ion iformation Management Planning & Zoning Septic Testing Street Maintenance Dark, Maintenance INTEROFFICE Mf DATE: 22 July 1987 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police RE: Animal Control - Extension to City of Long Lake Since May, Orono has been covering animal control duties using two Community Service Officers. They have been working 15 hours weekly, covering animal complaints such as a rescue of a "wild" dog from under a summer cabin and arranging for its adoption, -.s well as working on a duck feeding problem which has resulted in a complaint, as well as a cat nuisance problem which has resulted in a complaint. We also have assisted in trapping Epprox. 15 racoons with the use of a live trap and then removing it from the homeownL'-'- property. We also handled a racoon which had bitten someone on a boat. This racoon was taken to St. Paul campus at the University of MN for rabies testing, which came back negative. CSO's have also taken many calls for dogs at large, barking dog complaints, found and abandoned dogs. Animals are taken to Corcoran Pet Care Center in Corcoran. They have given us a key so we may have access to impound animals after hours. They have also taken care of dead racoons by disposing of them for us. Our LSO's are equipped with pagers for calling purposes when they are needed for transport or pickup of animals. We have also followed up on several dog bite incidents and contacted the dog owner to quarantine the eng for the required period of time. It is my understanding that Long Lake is presently usine_ a cont ~ate for animal control service at the rate of 2 hours per week for ro,...:ne patrol. The City of Orono would propose to offer the :services of r.-)ur Community Service Officer to the city of Long Lake for the following prices for the remainder of the year, 1987. A. Price per Hour, for scheduled patrol based on actual time and service for the City on routine patrol. $12 per hour B. Price per Call for unscheduled service during regular hours of 8 am to 6 pm weekdays. $21 per hour C. Price per Call for service during other then scheduled or regular working hours. $21 per hour D. Administrative Fee, monthly. $15 We will be budgeting shortly for 1988 and we will core up with the price for 1988 before October 1, 1987 for budget purposes. 111787. 2 1 i' TO: Mark E. Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: November 16, 1987 SUBJECT: Uncollectable N.S.F. Checks and Charge Sales - 1986-1987 The attached resolutic lists all uncollected N.S.F. checks and credit card charges froi:: 1986 and 1987. All uncollectables from prior years have been i.reviously written off. During 1986-87 there was a total of $1,507.13 charged bac' to the liquor store and of these $ 1, 132.41 has been collected. This leaves an uncollected balance of $374.72. Since the liquor operation was sold May 31, 1987 the uncollected checks and charges shoull be written off. TO: Mayor and City Council �. FROM: Mark Bernhardson,. City Administrato�l\ Forwarded recommending appra-al. PROPOSED MOTION - Moved by , seconded by _ , to adopt Resolution # declaring certain N.S.F. checks and charges uncollectable and ramoving them from the City accounts effective October 31, 1987. Ayes _, Nays __ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DECLARING CERTAIN CHECKS AND CHARGES UNCOLLECTABLP AND REMOVING THEM FROM THE CITY ACCOUNTS As of October 31, 1987, the City Council of the City of Orono, Minnesota hereby declares the following checks and charges uncollectable and directs the removal of same from the appropriate City accounts. iquor Store Patricia C. Kampmeyer $ 23.76 Kenneth J. Rockholt 6.40 Terri Lee Eskola (2.) 25.00 oiane M. Stenger 25.63 Kandis Berg (2) 54.83 Mike Alexander 9.75 Tony Boerbon ( 2 ) 1.9. 55 James Wiliquette 28.38 Scott H. Olson (2) 48.22 Bruce W. Painter 20.55 Michael A. Eagleton 18.22 Wanda Wolfe ( forgery) 4.33 B. W. Eckdahl 68.50 Nancy Bonoff 21.60 TOTAL $374.72 Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held November 23, 1987. __------------------------ ------ James R. Grabek, Mayor ATTEST: Dorothy M. HH-aI1in, 7 ity tilerk------ i11 -/'87.3 (, TO: Mark Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director' DAZE: November 16, 1987 SUBJECT: Final Operating Statement and Close Out of Liquor Store Attachments: A. Final operating Statement for the -Orono Municipal Liquor Store ISSUES -Approval of final liquor operating report and provision for close out of the liquor operating fund. INTRODUCTION_ - The Orono municipal liquor operation was discontinued as of May 31, 1987 and was sold to a private party effective June 1, 1987. The results of the abbreviated operating period have been finalized and are attached. DISCUSSION - All obligations have been completr-d regarding the 13quor operation with the exception of any unemployment compensation liability. We have thus far paid $2,927 in claims from two of the former employees. As the City no Tongec ownes the operation there is no need to continue the Liquor Fu 2, separate accounting entity. I would recommend close out he residual cash and investment receivable balances to the Get►eral fund effective October 31, 1987. Any future unemployment claims received would then be paid from the General Fund. The cash and interest receivable balance at October 31 is approximately $153,905. TO: Mayor and City Council FROM: Mark Bernhard ;n, City Administrator Forwarded recommending approval. PROPOSED MOTION - Voved by , seconded by , to approve close out of Liquor Operating Fund and transfer of cash anc. interest receivable balances to the General Fund effective October 31, 1987, in the amount of $153,904.03. Ayes Nays ll1787.3a CITY OF ORONO MUNICIPAL LIQUOR STORE STATEMENT OF 71VENUE AND EXPENSES Ten Months EnGed Octoher 31, 1987 Amount % Sales Sales and Cost of Sales: Sales $187,510 100.00% Sales discounts 3,278 1.75 Net sales 184,232 98.25 Cost of sales 136,535 72.81 Gross Profit $ 47,697 25.44 After Sales Disc. Operating expenses: Personal services 37,998 20.26 Supplies 591 .32 Insurances 9,779 5.22 Building rent 6,250 3.33 Other services & charges 6,687 3.57 Depreciation 662 .35 Total Operating Expense 61,967 33.05 Operating Income (Loss) _(14,270) _(7.61)% Nonoperating Revenue(E-pence) interest on Investments 5,761 Other Revenue 71 Close out related expenses (2,351) Unemployment compensation (2,927) Net Nonoperating Revenue 554 or (Expense) Net Income (Loss) $(13,716) STATEMENT OF CHANCES IN RETAINED EARNINGS Retained Earnings ,Tan. 1, 1987 $116,020 Net Income (Loss) (13,716) Net Increase from sale of operations 51,601 Net Transfer to General Fund (153,905) Retained Earnings Oct. 31, 19R7 $ -(�- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. — - -- — RESOLUTION OF CONGRATULATIONS WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the Orono School District 276 is an educational facility wit` -in the City of Orono; and WHEREAS, the Orono Football Teem has had an excellent season for 1987 wi t.h a record of seven (7) wins and one ( 1) loss during regular season, their three (3) wins and zero losses won them the section 4-A championship. NOW, THEREFORE BE IT RFSOLvrD, that the Mayor James R. Grabek, Counci lmembers J. Diann oettcn, William Sime, Barbara Peterson and Edward Callahan and the citizens of Orono do recognize the outstanding performance of the Orono Spartans Football 'ream, tine Coach and staff of the Orono School District and congratulate them for a successful 1987 season. lidooted by the City Council of the City of Orono, Minnesota at a regular meeting held November 23, 1987. ------------------------------- James R. F,rabek, Mayor ATTEST: Dorothy M. Ha11i 1' Clty-C�erk- lli687.4 TO: Mayor and City Council FROM: Mark Bernhardson, City AdministratorV DATE: November 13, 1987 SUBJECT: 1988 Health Insurance/City Employees ATTACHMENTS A. Administrator's Information Excerpt Dated "'-- -"-" 10/30/87 B. Hennepin County Memo - Health Insurance Dated 10/8/87 C. Hennepin County Health Insurance Memo Dated 10/22/87 D. Health Care Benefits Last Premium Committee (Hennepin County Health Care Instrumentalities Dated 11/12/87) E. Proposed 1988 Health Rates ISSUE - 1. Formal withdrawal of Orono from the Hennepin County health plan. 2. Direction of staff regarding 1988-1989 health care benefits. INTRODUCTION_ - As nated in Attachment A the County who had been c6nj14erTng a major revamping of its health plans for nearly a year informed the municipalities less than a month ago that there would be a substantial change. Given the fact that the County gave the municipalities little notice of this change together with the fact that the major provider has substan ially fewer doctors and facilities did not express a great interest in the municipalities business and the fact that several of the instrumentalities do rot have doctors or hospitals under the major plan now covered by Hennepin C-- .!y convenient r vin. all the communities who have been part of the Hennepin -'.an got together to determine what action they would like te_ _ e. DISCUSSION - 1. Action_ by Municip_ ies - In response to the situation the County has created, t` nstrumenta' ties met and were able t( get agreement from the current health plans with the County, tha being Physicians ilealth Plan, Med Center and Group Health, to cfff-r to tt -trumentalities for 1988 as a group of individuals the rates ined in Attachment [=. In addition the life insurance ca ercontract for the County continues the life i.isu-ance foc the Cities as an adjuncl,- to the County contract l.k)ro_igh 1989. 2. *tea - part of the prc lem . ,t related to dP being dropped in -)r of rani ly IV^alth Plan was the fact that the County felt th. .P ;sac! a :iigher single rate in rela*i,)r ' 'n to the family rate so that the rate st ru re had the sinqle coverage to subsidize the family coverage. As a result of :his PHP offered alternative restructurings to their original submission is respon-P to a special request from t County. In additior the Count: d excluded Med Center saying they did not qualify any longe► As a result of the actions by the County, the municipa-,ities began exploring coverage apart from the County. PHP has offered for 19E-14 that the 1987 rates be tinued if 100% of the municipalities would continue with the •p. Based - a meeting November 12, 1987, this has cccurreu. Med Center Group Health additionally offered their plans at the rates quot d by them to the Oounty for 1988. 3. 198Q,,' Process - The Cities will continuA with the current plans 'ned fin the 1988 rates as an interim solution. This will is instrumentalities to individually and jointly explo.` .,t course of action for 1989. 4. Ri6K As To Separati-n - It should t•e mentioned that the major concErn n departing t...- the _"ounty is the fact that there is smaller pool of em-' oye, .. g<<nst which the r,--k is spread. Therefore the abe. rat ins ,•, i . n the municipal group may cause more of an impac' ,r. ,tr� n h-;(j we stayed with the bounty. This however i !:rought , ue,tion as the rates for municipalities ha . < <•en gip. it om the County for the last couple of years ar.J there w.i�, nut. . marked change bet, -ea the two groups in the • an-1 if ar ,•thin•, the Count} ates were slightly higher. ;n the wt -k for 1989 reno wi11 determine whe s,er e City rail l.rl a!- '')i 7 int in tim get better rates on t' i own nr ; f i t t: a 111 t,e L go with the larger group. Th,s nun ly wi cne point in time as goc, �s.h4_r►f-nc, over tt-,- ;)rr,% a year period may change as tt,? �rrj,.ni z ion fence. 5. Rates Wi that any munic.pa�ity + ti►; County would no longer qua t ;ate originally quoted by ram, 'je subject most probably to an J, ALTERNATIVES 1. Stay with thr, County 2. Undertake them ? plans in conjunction with the other cities for 1988 ..,d explore more permenant solution for 1989. RECGMMENDAT.ON - It is ecor•.mended that the Council formally wfttidraw from part i^ipation in the tlennepin County heolth and life contr. , that th- coverage be obtainer; indiv 'ual ly with the current criers a- part of th,• .group of municipalities and thet the City of Orono in conjunction with rather mu►.iriaalities, exrAle re its options both individual ly and ar a qroo- :ea89. 2 PROPOSED MOTION - Moved by _ , seconded by , that the Council formally withdraw from the participation in_ the County's health and life plan and direct staff to contract individually with the health insurance companies for 1908 and explore the joint and individual options for health care coverage for 1989. Ayes Nays __. for the January/February time frame. 3405 SHORELINE DRIVE - The Building Inspector has noted in a recent inspection several items on the exterior of the building t"it indicate potential deterioration of the building. He has n 'd these in a letter to the owner and has requested an �nal inspection of the property in order to determine whether tnere is the possibility for deterioration of the site that may percipitate a potential hazardous building proceeding. 3536 LYRIC AVENUE - The individual has completed the foundation w6F and 5-ae commenced the addition work on the property. 200 HOLLANDER_ ROAD - The property remains in a relatively cleaned up state and there has been no further action regarding potential sale of the property. The City's Attorney is still attempting to work with the Judge on the matter to have the Court hear our side as the 30 day extension given by the Judge to M:. Hollander has lapsed. 4220 SIXTH AVENUE NORTH - The Inspector had previously warned the applicant that he would not be able to use fill that contained concrete and other building materials in the construction of his allowed berm. The Inspector will be working with him and it appropriate remedies can not be agreed to on a mutual basis the City will look to the conditional use permit that has been granted regarding the project together with other enforcement tools that it may have. 1160 NORTH ARM DRIVE - The debris has been deposited in the rav ins oT a oombustTbfe nature and the occupant has been issued a burning permit which was to have that debris burned on the weekend of October 31st. As of 11/4 this had not been done and hopefully have It accomplished by 11/9. 1700 FOX STREET - With the substantial progress made on the Tennis iacilTEy, questions have been raised as to the exterior finish. The approved plans show a lap wood siding rather than just leaving the structural concrete block exposed. In addition to resolution approving it requires appropriate screening which will be put in place when construction is completed. 1988 EMPLOYEE HEALTH INSURANCE - Over the past year ilennepin Countyhse been working io amend the health benefits for their employees. They neglected however to tell any of the 42 municipalities who obtain their health insurance benefits through the County that any significant changes were in the offing until about two weeks ago. As noted the County is dropping both PHP and Mcd Centers from their program and substituting Family Health Plan which is not a "first dollar" co�eragc HMO. This was approved by the County Board on 10/30/87. Since over 751 of O rono's employees are on tho• a two plans this becomes somewhat problematic. If the City stays with the county there maybe a problem of benefits reduction to be worked through with-,mployees including a substantial need to change dorr ors and hospitls. while both PHP and Med Centers originally agreed to allow the cities on separately as individual cities at the proposed County rates, they have since changed their position and would require individual city experience ratings. The Cities are working to see if there is a vehicle/organization which can act to obtain the rates proposed to the County for PHP and Had Centers for 1988. This would allow the needed year for Orono and the other cities to explore their options both individually and jointly so a satisfactory alternative program could be implemented for 1989. INTERNATIONAL CITY MANAGEMENT ASSOCIATION CONFERENCE - During a poction oCmy absence I aEEen3ed the October 2-5tFi through 28th ICMA conference in Montreal. Speakers included the following: - Governor Bill Clinton - State of Arkansas Governor Clinton relayed his experiences with the public as a young elected official and the problems of American competitiveness together with issues that the nations governors were taking a lead in particular reform in this country's welfare system. - Lester Thurow - Professor Thurow is Dean of the School of Business Administration at MIT. He discussed the change fron a world composed of separate national economies including the American one to an international economy ant. the problems of competitiveness particularly as they related to the United States together with his expedation for needed change in the upcoming years. - David Hallerstam - Reporter for the New York Times/Pulitzer Prize Award winning writer. Mr. Hallerstam's most recent book 'The Reckoning" compares Japanese and American automobile manufactures. This served as a departure point to discuss the United States need to improve its competitiveness in an international economy. - Judith Voirst - Author of the best seller 'Necessary Losses'. She gave a review of what she considers the necessary losses in everyone's life that are needed to be undergron in order for that person to grow as an individual. - Mark Shields - Political sa.irist and columnist for the Washington Post. Mr. Shields gave both a humerous and insightful look at presidential and national politics from 1860 through his expectations for the 1988 presidential campaign. In addition to the keynote speakers and follow-up panel discussions with the speakers the conference offered over 70 other discussion topics ant sessions that one could attend. As many of these ran c. urrently (as many as 12 at once) I was only able to attend six cf R PERSONNEL A-305 Government Center Minneapolis, Minnesota 51 October S. 1907 Dear Group Leader: j Wr 1 3 WT Cq) P tm /a-3o-d 7 As you know from previous correspondence, Hennepin County has recently conducted a bid process for the "open access" portion of its group health program (that portion currently provided through MedCenters Health Plan and Physicians of Minnesota). Four proposals, briefly described below, were received: MedCenters Health Plan - Bid a continuation of basically the same HMO benefit plan that is currently part of the program. Physicians oMinnesota - Bid a continuation of the "Combination Plan" that isf currently part of the program. Also submitted an alternate proposal with a $10 office co -pay rather than the current $5. CareSoan - This Joint venture between Group Health, Inc. and Prudential T.ife Insurance Co. submitted a Preferred Provider Organization (PPO) proposal under which enrollees could use any physician/hospital. If a Group Health facility is used, full HMO -type coverage is available. If a non -Group Health provider is used, the enrollee most pay a $150 deductible and a 20% copsyment, up to a maximum of $1,000 per person per calendar year. Family Health Plan - Through a Joint venture with Lincoln National Life :nsurance Co., proposed a PPO arrangement that is very similar in structure to the current Physicians of Minnesota plan. Approximately 850 private practice physicians and 12 hospitals comprise the "preferred provider" network. Typically, first dollar coverage is available if one of these providers is used. Subject to a $300 deductible and 20% co -payment, to a maximum of $3,000 per person per year, any other provider may be used. In addition to the FPO, Family Health Plan and Lincoln National also proposed an Exclusive Provider Option (HMO -type coverage in which enrollees are restricted to designated providers) and an indemnity plan option. Except for the indemnity plan, each of these optima could be offered by itself or in combination with one or more of the others. (over) HENNEPIN COUNTY on equal opoo"WIN emo"V Page 2 I have enclosed a comparison of the major benefit provisions of these proposals, which has been prepared by Touche Ross 6 Co., the County's benefits consultant, and a summary of the proposed premiums. Since we are still in the process of discussing alternatives with the bidders, meeting with several unions which have been involved in this process, and assessing the implications of the Insurance Bid Law (copy enclosed) with the County Attorney's Office, no decision regarding the awarding of a contract has yet been made. However, it is our goal to make a recommendation to the County Board in the near future, so that it may be acted upon at the Board's next meeting, October 27, 1987. We would like to meet with all of the Instrumentalities at 8:30 a.m. on Friday, October 30 to discuss the Board's decision and the resulting insurance program for 1988. This meeting will be held in the Community Room of the St. Louis Perk City Hell, 5L05 Minnetonka Boulevard. We anticipate having representatives from any new plan to he offered at this meeting. Please make every effort to attend this important meeting. If you have questions in the interim., please don't hesitate to contact either Valerie Tetzlaff (348-7653) or mysalf (3:B-4624). Sincerely, Paul Cagle `] Benefits Manager PC/cak Enclosure cc: Valerie Tetzlaff BCGRPLDR/BPCMISC Comparison of Current mad Proposed Health Plan Premises Current Proposed Employee Family Employee Group Health, Inc. $ 69.65 $186.70 $ 75.95 (+ 9.D%) Metropolitan Health Plan $ 68.65 $165.00 $ 74.95 (+ 9.2%) MedCenters Health Plan $ 69.95 $196.10 $ 81.40 (+16.4%) CereSpen (Prudential 6 Group Health) --- --- $ 82.03 Physicians of Minnesota $ 98.5t $209.62 $108.77 (+10.4%) Alternate Proposal $106.80 (+ 8.4%) Family Health Plan/Lincoln National Life --- --- $ 89.08 (PPO only) Alternate Proposal $ 93.22 (PPO when EPO offered) Alternate Proposal $ 94.12 (PPO when EPO and indemnity plan offered) Current Family $204.65 (+ 9.6%) $175.00 (+ 6.1%) $242.55 (+23.7%) $221.02 $231.42 (+10.4%) $227.23 (+ 8.4%) $231.61 $242.37 $244.69 Proposed Employee Family Employee Family i. Group Health, Inc. $ 69.65 $186.70 $ 75.95 (+ 9.0%) $2G4.65 (+ 9.6%) Metropolitan Health Plan $ 68.65 $165.00 $ 74.95 (+ 9.2%) $175. 00 (+ 6.1%) e MedCenters Health Plan $ 73.35 $196.70 $ 7R.40 (+ 6.9%) $233.55 (+18.7%) CereSpen (Prudential 6 Group Health) --- --- $ $5.06 $22!1. 21 Phys lcfens of Minnesota $104.55 $221.62 $109.78 (+ 5.0%) `$232.70 (+ 5.04) , Alternate Proposal $107.69 (+ 3.0%) $2211.27 (+ 3.D%) Family Health Plan/Lincoln National Life --- --- $ 96.96 $254.05 (PPO only) j Alternate Proposal $101.49 $265 90 (PPO when EPO offered) 11 Alternate Proposal $102.44 $268.37 (PPO when EPO and indemnity plan offered) BCHPPREM/BPCMISC IO/8/87 TI PERSONNEL A-305 Government CEnter I�� OCf 2 6I98T HENNEPIN Minneapolis, Minnesota 55487-0035 October 22, 1897 Deer Group Leader: In my October 8, 1987 letter to you, I indicated thr' we were still in the process of evaluating the four health plan bids, meeting with several unions involved in the prccess, and assessing the implications of the Insurance Bid Law. We have completed our evaluation and It is our intention to recommend that the Hennepin County Board of Commissioners award the health plan contract to Family Health Plan replacing MedCenters Health Plan and Physicians of Minnesota (see the enclosed Request for Board Action for additional background information). The Board is scheduled to act on this recommendation at its October 27, 1987 meeting. Listed below are tentative premium rates (also to be approved at the October 27, 1987 meeting) of the three health plans to be offered, effective January 1, 1988: p4Pl;rnl , Employs e Fails !'' J -> Family Health Plan $ 97.93/mo.- $256.59/w. Group Health, Inc. $ 75.95/mo. $204.65/mo. Metropolitan Health Plan $ 74.95/w. $175. 00/m. COEW" Emoloyec .'am119 Family Health Plan S 89.97/mo. $233.93/mo. Group Health, Inc. $ 75.95/mo. $204.65/mo. Metropolitan Health Plan $ 74.95/mo. $I75.00/mo. p �L At our Instrumentality meeting (6: 30 a.m., Friday, October 30th, at the 50p S f' I' St. Louie Perk City Hall), we will discuss this change in much greater detail. Family Health Plan representatives will be present to describe their program and answer your questions. HENNEPIN COUNTY on eduo, oppoMnity employer Page 2 Obviously, a decision process such as this cannot accommodate the needs of everyone when over 40 different organizations are involved each with a different financial situation, employee relations environment and organizational philosophy. As a result, I would strongly encourage you to weigh the advantages and disadvantages of remaining in the County group with those of other alternatives, such as contracting with Physicians of Minnesota and/or MedCenters Health Plan directly or through another group. We look f-rward to seeing you on the 30th. If you have any questions before tl,..a, please feel free to telephone me at 348-4624 or Valerie Tetzlaff at 348-7653. Sincerely, Paul Cagle Benefits Manager PC/cak Enclosure cc: Valerie Tetzlaff BTGRPIDR/BVTMISC MEMORANDUM TO: Hennepin County Health Care Instrumentalities FROM: Health Care Benefit/Premium Committee DATE: November 12, 1987 SUBJECT: Update of health care premium and benefits for 1988 coverage The summary of health care benefits attached to the November 10, 1987 memo has several changes. These changes are as follows: Group Health Plan (GHP) Inpatient care - 100E no limit on number of days Emergency room - No co -payment at urgent care centers Mental health - E5 co -payment for group sessions Physicians Health Plan (PHP) Chiropractic care: Network - $200 deductible and 20" co -payment Non -network - $200 deductible and 401 co -payment Premium rate changes PHP - has recalculated rate adjustments based upon the following percentage T members (employees 8 dependents) remaining part of the instrumentality group at this time: 100;. 95-99t 94-90s Participation Particf ep tion Participation Single $ 104.55 115.00 120.23 Family 221.62 243.80 254.8b t of change from 1987 0 10 15 95-89. 80-84% Participation Participation Single 125.46 130.68 Family 265.99 277.00 t of change from 1981 20 25 Less than 80'of the original members remains, PHP withdraws all offers. A commitment to belong to the instrumentality group with EOGIS acting as the contract holder between the health providers and the instrumentalities requires a 12-month commitment ending Dec. 31. 1988, Open enrollment dates are fle.ible, but should be completed by December 4 and absolutely no later than Dec. 11 to insure new applicants are "On board" and have membership cards by Jan. 1, 1988. A committee will be formed and develop an open enrollment, package. This package should be delivered to your city ty Nov. 27, 1987. Note: Policies and procedures of this group will be the same as under the Hennepin county agreement. HEALTH RAPES PER MOM 1988 1987 1988 1988 Municipality Rates Proposed Revised Group PHP s $104.55 $107.48 S 99.09 $L04.55 f 221.62 227.83 279.00 221.62 GROUP HEALTH s 69.65 75.9i 75.95 75.95 f 186.70 2'4.65 204.65 404.65 MED CENTER s 73.35 78.40 78.49 78.40 f 196.70 233.55 233.55 233.55 PHP s -- 96.96 97.93 -- f -- 254.65 256.59 -- 111687.2 TO: Mayor and City Council ` f) FROM: Mark Bernhardson, City Admfnistratotl DATE: November 18, 1987 SUBJECT: 1988 Strategic Short Term Objectives ISSUE - Receipt of revised 1988 Strategic Short Term Objectives. INTRODUCTION - Attached are the revised short term objectives 6aeed- on tii_ discussion at the 11/9/87 meeting. PROPOSED MOTION - Moved by _ , seconded by the Council acknowledges receipt of 1988 Strategic Short Term Objectives. Ayes Nays 1.7120.3 .e. Adopter 11/9/87 V i OF ORONO 1967 STRATEGIC PLANNING FOR 1988 1. Determine if Highway 12 corridor selection study should be initiated and if so, undertake for 1988-89 completion. 2/88 2. Initiate steps for Navarre Redevelopment/County 15 • Consider formulation of Housing and 2/88 Redevelopment Authority • Solicits ideas and proposals and determine scope of redevelopment 3/88-9/88 • Monitor County 15 progress Commence 3/88 3. Determine direction regarding City facilities • Complete Phase I analysis 12/87 • Determine alternatives for further study 1/88 • Determine course of action 3/88 • Implement 5/88 4. Complete Stubbs Bay Sewer • Complete study required by comp plan 2/88 • Determine if engineering feasibility study should be Initiated 3/88 • Determine financing options 6/88 • Explore development moritorium 2/88 • If appropriate, initiate project 8/88 S. Commence Storm water Management Plan 3/88 6. Review and revise as needed the community development direction and process • RevJe•# advisory and policy bodies role and responsibilities 1/88 • Review and revise as necessary staff/advisory/policy body process for development review and execution working towards service and results oriented 'No Surprises* process. 1/88 • Implementation of Highway 12 Comprehensive Plan 1/88 • Enhance effective control on Marinas 2/88 7. Continue Development of Community Transportation Plan • Develop NSA capital program (1988-1993) 12, • Develop bridge replacement program (1988-1993) 12/oi • Continued analysis of public/private issue Ongoing • Evaluate to see if there are any desirable results from County 116 proposal As needed 7 Continue Improvement in solid Waste Manageemnt • Assess recyclir. efforts in meeting goal 03/88 • Determine additional avenues/efforts to meet 04/88 goats • Review/adopt if desired regulations regarding 04/88 solid waste management • Review issre of organized collection if 04/88 appropriate 111687.6 TO: Mayor and City Council �ii'r FROM: Mark Bernhardson, City Administratori DATE: November 13, 1987 SUBJECT: A. Meeting Date Cancellatior. - Decemh-r 28, 1987 End of Year Payment Authority B. Council Work Session - Week of December 7, 1987 ATTACHMENT A. Payment Authority End of Year 1986 ISSUE A. Meeting Cancellation 1. Determine as to whether the Council wants to cancel the currently scheduled meeting for December 28, 1987. 2. Determination as to whether Council wants to grant interim payment authority for the end of the year in order to make disbursements. B. Council Work Session 1. Determine if Council would like a work session to review comparable worth and space consultant analysis and if so set a date. INTRODUCTION - Meeting Cancellation - The City has normally held only one meeting in December however in 1987 we scheduled a second meeting should there be a need for a year end meeting principally to pay the bills. At this p�,nt it is felt that such a meeting is not needed provided that interim payment authority be given for the end of the year. While Council is required to approve all payment of bills the City has generally granted payment authority to the Administrative staff on an interim basis for payment of bills between its meeting the second Monday of the month through the end of the year so that bills may be paid in a timely manner to finalize the year. Work Session - In orde• to bring the Council up to date I would Ilke a meeting the week of December 7, 1987 to discuss the issues of comparable worth and the progress report on the space consultant. If desired it could be held late afternoon - 5:10 or 6:00. ALTE_RNATIV_E_S_ - The following represent alternatives the Council can take. A. Meeting Cancellation Issue 1. a. Cancellation of meeting. b. Holding the meeting strictly to and of the year items. Issue 2. - If the meeting is cancelled the Council can tike the following actions: a. Granting the interim authority for payments at the end of the year. b. Hold payments for payment until the Council meets on January 14, 1988. B. Work Session a. Establish a date. b. Not hold session. C. Amend topics to be included. RECOMMENDATION Issue A - Meet_inq_Cancellation - It is recommended that the CEouncfr cancel Its ec�iduled f:728/87 meeting and approve motion granting emporary payment authority. Issue B - Establish a time and date for a work session the week si-f / /87. PROPOSED MOTION - Moved by _ , seconded by , the Orono CouncII establish a work session to discuss comparable worth and space consultant progress the week of 12/7/87. The Council additionally authorizes the City Treasurer to disburse City funds in payment of claims received for the December 21rd Council meeting, which has been cancelled, and that such paid claims are to be presented at the January 11, 1988 regular Council meeting for formal approval. Ayes _, Nays _ i F11h6kES J. TEL RL;ZULAN GRO:Iv :;GUALIL /,EE'a ING HELD D''i.(1WjiER 8, i986 POLICE BUILDING REMODELING* It was moved by Mayor Butler, seconded by Councilmember 1 Grabek, the Orono City Council authorizes the staff to expend up to $850 for leasehold improvements to the Police facility from the 1986 Budgeted Captial Improvements. Motion, Ayes 5, Nays 0. COMPARABLE WORTH APPROVAL* RESOLUTION #2107 It was moved by Mayor Butler, seconded by Councilmember Grabek, that the Council adopt Resolution t2107 granting raises for comparable worth purposes for the positions outlined in the resolution. Motion, Ayes 5, Nays 0. 1987 SALARY SCHEDULE* ABSOLUTION #2108 It was moved by Mayor Butler, seconded by Councilmember Grabek, to adopt Resolution i2108 setting salaries for 1987 commencing 1 January 1987 for general employees subject to further comparable worth adjustments in 1987. Motion, Ayes 5, Nays 0. 1986 INTERPUND TRANSFERS* AND LOAN PAYMENTS It was moved by Mayor Butler, seconded by Councilmember Grabek, that the interfund operating transfers and loan payments be approved as proposed effective December 31, • 1986. Motion, Ayes 5, Nays 0. END OF YEAR BILL PAYMENT* It was moved by Mayor Butler, seconded by Councilmember Grabek, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 22nd Council meetinq, which has been cancelled, and that such paid claims are to be presented at the January 12, 1987 regular Council meeting for formal approval. Motion, Ayes 5, Nays 0. DEPUTY TREASURER DESIGNATION* It was moved by Mayor Butler, seconded by Councilmember Grabek, that the City Council approve the appointment of Charlotte Knutson to the office of Deputy City Treasurer in conjunction with her other duties effective December 15, 1986. Motion, Ayes 5, Nays 0. CRYSTAL BAY JUDGEMENT SETTLDMENT* It was moved by Mayor Butler, seconded by Councilmember Grabek, to authorize staff to pay judgement costs for Crystal Bay sewers in the amount of ^•6,646.63 to the attorney for the plaintiffs in the matter based on the Court's amended order regar�l,ng judgement costs. Motion, Ayes 5, Nays 0. 15 l lltltl7.3 ,r TO: mayor and City Council '' 'IN'' I FROM: mark Bernhardson, City ndministrator� i U DATE: November 18, 1987 SUBJIC'1': Administrator's Information 200 Hollander Road - A hearing is scheduled in front of Judge L lnSberg foi Fiid ay, November 29, 1987, regarding the hazardous building proceedings regarding the barn. The City is awaiting the outcome of that hearing. 1169 North Arm Road - The debris that was to be burned by 11/9 was not taken care of by that date. It has now been taken care of. 3536 Lyric Avenue - The City issued warning notices to the owner regarding unlicensed vehicles, improper setbacks for a recreational vehicle and storage of household applicances outside on November 190 1987, If not corrected citations will be issued on November 3, 1987. 4635 Tonkaview - Judge Lebedoff has issued an order that owner has until-2?U788 to remove by himself. If not removed City can remove and assess all costs. SQace Consultant Status - The draft work station/storage sizes d lag rams have been issued and are currently being reviewed by staff. These will be discussed with the consultant the week of November 30th in preparation for a possible work session during the week of December 7, 1987. LIST OF LICE14SES FOR COUNCIL APPROVAL FOR MEETING OF November 23, 1987 Solicitors License: Discount Flowers Route 2, Box 223 Cokato, MN 55321 Septic System Installer: Northern Plumbing 6 Heating Inc. 14327 - 28th Place North Plymouth, MN 55441 Residential Kennel License: Frank D. Yusup 2220 French Creek Circle Wayzata, MN 55391 License No. APPLICATION FOR SOLICITATION - $20.00 fee Date Received / Y Date Expires CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organizat Address; Representative Address: Phone al IV( ` SS I ( Phone 15 qU�f Check One: Business Solicitation % / Contribution Solicitation Number of People Solicitating within the City �2_ Provide list of Names of Solicitors on back of this application. Type of Product to be solicited Tom+.` v �� l �:: 7T:I.f PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIIF SHALI�HAVt�efY E C�i00 BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT ft ORONO,3 MUNICIPAL CODE SECTION 5.30 SUBD 5(a). 19 _____________________________________________________________ �...— -. 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 Aatrance, to residential premises displaying at such entranc^ a sign with the wor :"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. P. 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 ahnve from the nrnnn Municipal Code and any additional rgqufrements the City staff may have. Signature of Applicant: lf[a.. Lu-f�+.Qe[„ Date-A)2/8� ______________________________________________________________ ________ POR CITY UBB ONLY: After review of application, staff recommends the following: _,X Approval of application Denial of application Signature of City Official: Date: Lc.,�ritfl. hats. tfleal.l 1 Name: Name: Addre�p; Address: Phone: Phone: License Q. _ License No. Name: Name: Address: ddress: 4 or Phone: Phone: License No. License No. Names Name: Address: Address: Phone; Phone: License No. License No. (If additional names, please attach list) '5EPTL iAVSTi:M 1NSTA :. fr:ylal ❑a ,Mmn.w to ..'TL'i' LICEN E�iP PPLICATION Q;��� Q�f' 6bIl�QDi�Q➢ t , p� ItCILU1NOALnf:]I]t GLj]l5NN' 0o ASSI IN�� All questions must be answered. fee, bond"; ertificate of insurance, and evidence of MPCA Certif ica ome Sewage Treatment Workshop attendence must accompany this application. All applications are subject to a ten (10) day approval period. 1. Business or trade name Nortl,:rn Plumbirr: Heatina. Inc. 2. Business address 14327 - 28th Plate North, Plymouth, MN 55441 3. Business phone _. 559-4344 Residence phone 633-9569 4. Name of applicant or company representative holding MPCA certification Ramorxl Dietrich 5. Type of certification held: x Installer _ Pumper Site evaluator System designer Is this a Provisional -Certificate? no Certificate No. 512 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediatel prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before? no Most recent year B. Have you ever had a license revoked? no When? Where? _ 9. Do you do Muni..ipa'_ Sewer hook-ups? Ycs x No SUBMITTALS REQUIRED: *_ 1. $25.00 license application fee. -* 2. $2000.00 license and permit bond naming City of Orono as obliges. The State Plumbers Bond will not be accepte2r._ �30 x 1. ^10-50-100,000 minimum Certificate of Insurence. IV It,SefiFK if _A_ 4. Copy of current MPCA Certificate or evidence of attelldence at On -Site Sewage Treatment Workshop held immediatq$y;r4 :f_40 prior to current construction season. LICENSES WILL NOT BE PROCLSSED VNTIL Ai,i, TTCMS ARE SUB,MIT4`t"6-. „a List persons other than applicant who are authorized by you to 1::d.BT apply for permits under your license (,er,1 n Reink7w The underr'.gned hereby makes application to the City of Orono, Minnesota, for 1 ucnre to install and repair septic syetcros, and/or pump out septic tanks, suhl(ct to the laws of the State of Minnesota and the ordinance of the City of Orono. � /-1���,_ �) Date I'. '^'e' Applicants Sign:LturC 'QL4 (./,`C / (:� _ y Staff recommendation Appriv.0 � Denial _ Date / _ CITY Staff for denial: _ T USE City Council Action Unto Approved _ Denied ONLY Date license mailed KENNEL LICENSE APPLICATION Effective March 1, 198.2 to Februarys ", 198� CROW, Cjjy Cr [rR,7N^ CITY CE FIJr Owner: F-:2atier n_ Y%Asua Property Address: a(;4Q0 �-Ae f4 USA (240_ E, 01WML �i- (include city and zip) §d'EpE9nIF1-1HAMi j'X C�P�-iy�'�1�3 Mailing Address (if different): Lv,4.jZQcif V0, Phone: (home) 4`%te" 61-86 (work) 3-ki-�6O�L �� RESIDENTIAL Kennel License Information: S25.O0/j,ear (payment must accompany application) Maximum No. of dogs to be kept at one ti:ie:�_ (over 6 months of ag-) Principal Breed:--r.^ADnC iZe�17XciuE2_ Purpose for more than 2 dogs: KPZ0g1JEtJ1- -f"u7n Se:dJCc- i'71 J(( Dogs normally kept: _ I inside ya_kennel structure uC�4TZACS COMMERCIAL Kennel License Information: $150/year (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact: (name) (phone) Dog runs/exercise areas are: __inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigend hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements' of Municipal Code Chapter 5.36 including any special conditiort imposed by the City Council as part of any kennel license approval. Q. U &/ leip-j pp cant Dace Por City Ue(s Onl anus nspe eo by , Date P, _ Recommends Approval_Denial_ i 1t,.L.�cf tl,-s ,S: t.'-x ��'�- ,<t %ill, G•IZ. L!_i. 1 C�/il apt /I-17 -17 H''' CITY DF ORONO P A Y R � � r �n•• ✓- t.a�'. o-T �' Y-T-D • - - - - - - EMPL-NO NAME DIV GROSS GROSS EXP/ALLOW ANDERSON BL 31 31737.46 1421.56 BERNHARDSO ME 12 43381,32 1928.40 BOBZIEN SA 31 19133.37 859.38 BOSMA JL 12 9108.32 707.49 BREIMHORST WH 31 877.50 0.00 BRINKHAUS JF 42 29501.48 1227.11 CHESWICK GS 31 31828.33 1376.72 CORNICK JL 31 E5291.64 111S.87 DENNESON RJ 3S 2234.31 167.28 ELDER JA 35 42S.85 0.00 ENGLISH 11 1H 31 28940.08 1726.09 ERICKSON DJ 93 163/.55 0.00 ERICKSON KR 31 31652.5E 1376.72 FICHENICH OT 31 11269.96 1091.52 FRITZLER JM 31 30837.77 1476.49 GAFFRON MP 33 25958.06 1129.04 GERNARDSON JR 42 35862.67 ISS9.84 GREGORY JD 42 PS047. 08 1037.28 HALLIN DM 12 22132,26 962.64 HANSEN SC 42 2187S 90 931.28 HANSING CJ 31 9741 89 389.13 HOOGENAKKE JE 31 621.60 63.00 JACOBS TJ 33 25963.66 1129.04 JOHNSON BP 31 31760.86 1342.89 KILSO MH 31 36572.66 1S90.72 KIRNYCZUK M 31 150S2_S1 S29. 35 KNOTT MJ 33 3409.00 0.00 KNUTSON CA 15 17925 30 791.84 KUEHN TM 15 35066.28 1525.20 LINDSTROM OJ 93 0.00 0.00 MABUSTH JA 33 30376.06 1321 $0 MIKLLSON RA IS 16819.56 750 00 MILLS JR UH 93 208.26 0.00 MORAN MF 31 34280. 96 2138. 46 MOROUCZYNS J 31 3d301 37 2244,66 MROSS FT 61 1879S.31 801.44 NAAS TL 12 17344.13 744.89 OAC DO 93 1284.75 0 00 OMA14 LE 33 2j794 19 883.44 PETER60N Pl. 12 '0206 07 429. 72 PETERSON RU 93 1991.25 0.00 FETRAN JC 33 392.00 0.00 OUAST UA 92 23672 64 903. 51 ROS9 JA 93 2625 22 0.00 SASS JJ 42 22616 16 931 28 SCHAUSS CR 31 1445 58 664 20 SKREEN DS 42 22010 n2 94S 9S SMITH JR 92 23416 79 1095 IS STEFFENHAG RE 93 2394S.64 1041 52 STILES RC 41 3090 00 0 00 THOMTON MR 31 21710 68 1161 3S CITY OF ORONO P A Y R Y-T-0+------ EMPL-NO NAME DIV GROSS GROSS EXP/ALLOW T 1CHECK LF 31 22973.27 1015.80 T MCZYK MW 31 30096.45 1389.'4 W..-SH KL 31 50.00 0.00 COUNT GRAND 46,198.19 `- PAID 00042 TOTAL 00054 TOTAL TOTAL FICA TAX GROSS 24,105.77 EMPLOYERS FICI A w GROUP HEALTH B m PHYSICIAN'S HEALTH PLAN C m BLUE CROSS/BLUE SHIELD D a MEDICAL CENTER PLAN E a PRUDENTIAL F m COORD. HEALTH CARE G a MINNESOTA HMO H • TRANS-AMERICA OCC. 1 m BANKERS LIFE 1 a MUTUAL SERVICES K a MUTUAL OF OMAHA L a EMPLOYEE'S BENEFIT M = AETNA N a NICOLLET EITEL 0 a LEAGUE OF CITIES P • METROPOLITAN HEALTH PLAN 0 a SHARE Z a HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL'S CIT OF ORO/NO P A Y R MPI.-NO NAME DIV GROSS GROSS E%P/ALLOW CALLAHAN EJ 11 2175.03 241.67 GOETTEN J 11 2658.37 241.67 GRABEK J I1 3300.00 300.00 PETERSON BA 11 2658.37 241.67 SIME JR WJ 11 2658.37 241.67 COUNT GRAND 1,266.68 PAID 00005 TOTAL 00005 TOTAL TOTAL FICA TAX GROSF a .00 EMPLOYERS FICA A w GROUF HEALTH B = PHYSICIAN'S HEALTH PLAN C = BLUE CROSS/BLUE SHIELD D m MEDICAL CENTER PLAN E a PRUDENTIAL F a COORD. HEALTH CARE G w MINNESOTA HMO H m TRANS-AMERICA OCC. I w BANKERS LIFE J ft MUTUAL SERVICES K m MUTUAL OF OMAHA L = EMPLOYEE'S BENEFIT M - AETNA N m NICOLLET EITEL 0 LEAGUE OF CITIES P m METROPOLITAN HEALTH PLAN 0 a SHARE Z = HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL'S 19S7 CITY OF ORDNO CHECK REGISTER 10-31-67 PACE 1 CNECM NO DATE AIMAIT VERSION ITEM DESCRIPTION ACCOUNT NO IRV, 0 P.O 0 MESSAGE MC0146 11/*S/67 At 96 1. 1 RETRMMY ICMA 9-7 TO 9-RC OP1110-039-12 MANUAL 41.96 •....• ....CKS Mttl 11* I"Gliza? 251.1a 1ST MATL &NAM FICA WAR TO 10F1 01-/tie-639-12 MANUAL MCSIO 1I/SS/07 1.?? UT MATL MAMR FICA Ltl TO 10/1 01-4142-OSO-14 MANUAL MCS146 11/95/67 191.51 IST MATL EARN FICA 9/B* TO 19/1 01-111E-069-t5 MANUAL NC@He 11/05/67 36. 86 IST MATL @AMA FICA 9/RO TO told 01-4142-099-11 MANUAL MC3110 II/OS/67 21.37 at MATL @ANAL FIG 9/90 TO 10/1 Ot-IlIR-111-31 MANUAL NCBNO 11/45,67 62. 76 t5T NA TL DARK FICA 9/@0 TO 10/I 01-1112-INS-31 MANUAL KC811* 11/6S/S7 32.73 IST NATL DRINK FICA 9/a* TO 10/I 61-4142-121-31 MANUAL MC*11* 11/01/ai 393 N IST RATL DANK FICA 9/20 TO 10/1 01-4142-174-33 MANUAL MCGIIS If/65/S7 3.09 IDT MATL MAMA FICA 9120 TO 10/I 01-1112-165-3S MANUAL MC*118 11/05,07 304 53 IST MATL DARK FICA 9/RO TO ICi1 01-I112-249-IC MAMMAL MC*116 11,05/01 t15 67 IST MATL RANK FICA 9120 TO IO/J 01-4112-296-61 "MANUAL MCa'46 11/05,07 09. 03 IST MAYL MARK FICA 9/26 TO 1"4 72-1112-S19-91 MANUAL MCal.a tiles'*? 12a.s0 IST MATL INNK FICA 9/Cs TO 10/1 73-IIIR-569-92 MANUAL MC8146 11/65/4? 111.541 IST MA TL BANK PICA 9/89 TO 16/4 I 71-1112-590-93 MANUAL 1.769 00 . MCS1.9 ]Iles/a? 10.00 NEW CO REG MR RUTM LOT COMF 01-056-020-11 MANUAL 10 00 MCa150 I1145187 11 00 IST MATL MANR LAME MDCM OCT 01-4142-020-11 MANUAL MC0150 II/0S/417 ESt 30 IST NATL MARK LANE PICA I0/S TO 16/te 01-111E-039-12 MANUAL MCAISO II/OS/67 2 24 IST MAIL RAMM LAKE FICA 10/S TO 10/10 01-111E-010-13 MANUAL MC6150 II/OS/6? . 09 IST MAIL BANK LAKE FICA 10/5 TO 10110 01-It42-059-11 MANUAL NCa150 11/05/6T 162 99 IST NAIL MARK LAKE FICA 16/S TO 10/Ie 01-II42-069-IS MANUAL MCa150 I1/05g7 11 61 IST MATL @AMR LANE FICA IG/S TO 10/16 01-111E-099-t? MANUAL MC0150 I1/O5/47 20 10 IST MA•L DAM LAN[ FICA IS/S TO 10/1s 01-4142-111-31 MANJAL NC*ISO I1/OS/07 07 95 IST NATL MARK LANE FICA I6/5 TO 1011* 01-111E-115-31 MANUAL MCSISO 11/05/87 29 9a IST MATL BANK LANE FICA 16/11 TO 10/18 01-4112-IEI-31 MANUAL NCa150 I1/OS/4,7 1 32 16T NATL BRIM LAKE FICA 10/5 TO 10116 01-1112-le6-31 MANUAL MCa150 II/OS/aT 34e OS IST *ATL SANK LAKE FICA 16/S TO 10119 61-414e-171-33 MANUAL MCa150 11/6S/67 2 02 IST MAIL SAMK LAKE FICA 1615 TO 10/10 01-1142-ISS-35 MANUAL MCSISO It/05/67 341 77 IST MATL DANK FICA 16/S TO to/to 01-1112-e19-I2 MANUAL MCa156 11/615/67 t09 IS IST MATL MARK FICA Ia/S TO 10/10 O1-IIIE-290-61 MANUAL MCa150 11/05/67 IOO 92 IST MATL BARK FICA 1015 TO 10/10 78-111E-519-91 MANUAL MCa150 :1/45/67 139 47 16T MATL DANK FICA 1015 TO 10/t* 73-111E-569-92 MANUAL NC*150 I1/K/a7 115 00 IST MAIL BANK FICA 10/5 TO 19/10 71-144E-590-93 MANUAL 1.006 79 MCGISI 1"05/07 20 00 BUILDING CODE SLOG OFFCL MAT LYLE 01-4393-174-33 MANUAL 20 e• . •••..• .... CKS 3.030 33 FWD 01 TOTAL GENERAL FUND 169 95 FUND 72 TOTAL UAT0 OPERATING FUND 96? 97 FUND 73 TOTAL OPERATING Ip iY9 SS FWD N TOTAL L GOLF GOLF COURK OPERATING FD 3.717 47 TOTAL ISOT CITY OF ORONO CHECK REGISTER tl-e3-81 PAGE I CHECK N0. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 0 P.O. 0 MESSAGE 12T031 11/10/87 2 55 AT 6 T COMM TELEPHONE 01-43e0-175-34 2 55 ]tT 0]0 11/18/87 26 30 ANCHOR PAPER OFFICE SUPPLIES 01-4210-039-12 327134 11/18/61 155 ANCHOR PAPER OFFICE SUPPLIES 01-4210-059-14 U7634 11/te/87 I.SS ANCHOR PAPER OFFICE SUPPLIES 01-4210-069-15 8T031 11/1S/87 120 71 ANCHOR PAPER OFFICE SUPPLIES 01-6210-174-33 127034 11/18/87 6 64 ANCHOR PAPER OFFICE SUPPLIES 01-6210-269-42 154 'S ...... ...-CNS 3216Rt 11/18/97 104 TO APACHE PAPER CO BLDG MAINT SUPPL 01-4231-099-17 327040 11/16/97 52 35 APACHE PAPER CO BLDG MINT SUPPL 01-4231-129-31 I5T OS :!TOME 11,16,87 37 50 ASPLUND COFFEE MEETING SNP 01-1,8E-020-11 32,01E 11/16/87 37 50 ASPLUND COFFEE MEETING E%P 01-1382-171-33 75 00 ..o.. •..-CNS ]E ]OK 11" 8197 65 00 SLA:NOUTAK S BONS BLDG GROUNDS MAINT 01-4343-099-17 397065 11,18/67 100 OD BLACNOUTAM A SONS BLDG GROUNDS MAINT 01-4341-210-61 165 00 ••.... •.•-CNS JE1061 11/IS/6T 80. 16 BLACKS PHOTOGRAPHY OFFICE SUPPLIES 01-4210-129-31 e0 16 •.•..• ...-CNS JB7065 11/16,87 68.00 BUDGET PRIG PRINTING 01-6322-185-35 66 00 3tT11t I1/18,67 127 9E CHAPIN PUBLISHING PUBLISHING 01-0322-290-61 ItT.92 3ET111 11/16/6T 400 00 CNESUICK/GARY PAL DUE IACP CONF 01-1356-129-31 400 t0 •.•••• •• -CNS Jp1tS U/IOgT 26 00 CONCEPT MICROFILM OFFICE SUPPLIES 01-4210-174-33 B6 t0 ...... ....CKS '. '.'c in p/p1 53 10 COLONIAL LIFE INS CO LIFE INS Ot-6152-126-31 INl CITY OF ORONO CHECK NO. DATE It TI]l 11/!aiB] 72 T1]] I1/18/B7 x T133 II/la/BT 3zn33 1v1e/ci 32711E 11/Is/e7 3127112 11/16/87 32711E It/1s/sT 32T11t till*/N 31!7142 I1/1"&7 327112 11/19/57 327112 11/1s/07 ]2716. 11/1s/BT 32T1fe .... 0147 o..w 32T 99 I I/18/B7 l2)21t �1: 1e/eT 3¢)25l !!/18/BT 32)266 11/Is/ST ]LT¢56 If/IVN 3Q TQS6 II/1e/sT CHECK REGISTER 11-23-87 FACE e AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV, 0 P.O. R MESSAGE 53. 30 ...-CBS 11 00 COMM-REV SALES TAX SALES TAX OCT 01-2222-000-00 4.00 COMM-REV SALES TAX SALES TAX OCT 01-3500-000-00 ,as 00 COMM-REV SALES .AX SALES TAX OCT 72-2222-000-00 13e.00 COMM-REV BALES TAX SALES TAX OCT 74-2222-000-00 338 00 ....CNS 400 00 COPY CUP PR INC PREPAID COPIER EXP 01-1299-000-00 10', t8 COPY CUP PR INC OFFICE SUPPLIES 01-4210-039-IE 5 95 COPY CUP PR INC OFFICE SUPPLIES 01-4210-059-14 5 95 COPY OUP PR INC OFFICE SUPPLIES 01-4210-069-IS 229 71 COPY OUP PR INC OFFICE SUPPLIES 01-1810-129-31 464 24 COPY OUP PR INC OFFICE SUPPLIES 01-4210-114-33 IT 96 COPY CUP PP INC OFFICE SUPPLIES 01-1e10-219-12 1,223 59 ...-CNS 67 66 DAY TIMERS OFFICE SUPPLIES 01-1ef0-175-31 aT 69 • ...-CNS 3S 61 E A SILEN CONCESSIONS RESALE 71-1002-591-94 3S 97 . ...-CNS 3 919 00 RO,F E ERICKSON SERVICE NOV O1-4307-059-14 3 91B 00 • ....CNS II a5 EXPRESS MESSENGER POSTAGE 01-4321-039-12 11 BS . ....CNS 24 CO GOLDEN VALLEY CC MEETINGS 01-4356-129-31 21 00 . ...-CNS S 19 GENUINE PARTS CO EQUIPMENT 'ARTS 01-123e-129-31 35 07 GENUINE PARTS CO EQUIPMENT PARTS 01-1232-e19-12 206 00 GENUINE PARTS CO EQUIPMENT PARTS 74-1e32-590-93 247 36 . ....CNS 31 60 GLENWOOD INGLEWOOD UTIi-ITIEE 01-13e1-099-17 1967 CITY DF OMONO CHECK AD DATE 32726T 11/10/67 3ET2TT 11/10/6T 327277 11/18/5T 327277 11/16/57 3e727711/16/6T U7 3e 277TT 11/IV8T 327277 11:16/67 32727T 11/16/67 32T2T9 11110/07 3E Te66 t:/1G/sT ]E T]OS 11/16/87 3E 1]30 11"S/67 7l T767 '1116/47 ]!T]TQ 11/16/97 19/47 '.2NN tl/ti/GT CHECK REGISTER 11-23-87 PACE 3 AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 0 P.O. R MESSAGE 31 60 . •..-CKS 333.20 GOLF CAR MIDWEST RENTAL EQUIP REPAIRS 74-4331-590-93 333.eo . ....CKS T]. 35 NED CTR HEALTH CARE Hasp INS NOV 01-61SI-039-12 73. 35 NED CTR HEALTH CARE HOGP INS NOV 01-41S1-669-IS 235. 65 NED CTR HEALTH CAME H06P INS MOV 01-41SI-129-31 166. of NED CTR HEALTH CAME Hasp INS NOV 01-01S1-1T4-33 332.60 TIED CIA HEALTH CARE Hasp INS NOV Ot-0151-249-02 66. 00 NED CTR HEALTH CARE HOSP INS NOV 72-0151-S4S-91 99. 60 NED CTR HEALTH CARE Hasp INS NOV T3-9151-569-92 1,099. 15 . 148. IS HARMON GLASS MAINT AUTO 01-4341-129-31 1M6. OS . 2.67 HAPPY$ POTATO CHIP CONCESSIONS RESALE 79-48Oe-591-96 2 67 . 6.16 MAIN CTY DEPT TAX POSTAGE 01-4391-040-13 6.16 . $1 96 ICNA RETAMNT CORP ICHA I1/2 TO 11/15 01-6160-039-12 el 96 . 50. 02 TOM JACOBS MILEAGE 01-6381-174-33 50 02 . 63 00 JOHNS AUTO SUPPLY HAIRY AUTO 01-9301-129-31 63.00 . 600.00 KILBO-KELVIN SAL DUE IACP COIF 01-6356-1R9-31 .00. 00 . 49 19 THE LAKER PUSLISHIHC 01-4322-039-12 ....CKS ...-CKS ...-CKS ...-CKS ...-CKS ...-CKS ...-CKS ...-CKS 1187 CITY OF ORONO CHECK REGISTER 11-23-07 PACE 9 CHECK N0. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT N0. INV. 0 P.O. 0 MESSAGE 327904 11H4/07 27.29 THE LAKER PUBLISHING 61-022-890-6I 76.43 • •••••• ru-CR9 32T135 t1/IS/07 2G.00 LOCIS/SUITE MO "MT TERMINAL I-4366-069-15 3R7435 11/1•/$T 15.09 LOGIS/SUITE 320 MMT PRINTER 01-1390-iI6-33 397935 11/18/ST 900.14 LOGWOUITE 320 LOCIS AOMIN-OCT 01-135E-669-15 327•35 till•/ST 189. 31 LOCI$/SUITE 3t0 LOBES ADMIN-OCT 01-9352-tE9-31 3E7r35 It/16/47 119. 60 LOGIS/SUITE 300 LOSES ADMIN-OCT 01-135E-179-33 3R7435 II/10187 643.65 LOC16/SUITE 3E0 DATA PROC-OCT 01-0355-069-15 3e7435 11116187 6123.R2 1.0418181JST[ 320 DATA PROC-OCT 01-6355-129-31 397435 11/10,87 69.55 LOGIS/SUITE 380 DATA PROC-OCT 01-6355-176-33 U?435 11/16/ST 25.50 LOGIS/SUITE XO MNT TERMINAL 7Q-090-S49-91 327435 11/10,87 51 T2 LOCIS/SUITE 320 LOCIS ADMIN-OCT 72-9352-599-91 30793S 11i1S/8T 14 62 LOGIS/BU1TE 390 DATA PROC-OCT 72-935S-599-91 327135 I v1818T ES 50 LOCIS/SUITE 320 MNT TERMINAL 73-4340-SG9-92 3E7635 n 116161 TT 5S LOCIS/SUITE 320 LOCIS ADMIN-OCT T3-0352-569-92 32793S Iln 818• 39 96 LOGIS/SUITE 320 OATPROC-OCT 73-9355-569-92 1.035.5E •ou• ....CNS 3tT97T n,6-E- 91 25 CITY OF LONG LANE UTILITIES 01-/32/-129-31 U7437 .1118187 T,599 RS CITY OF LONG LAKE GOVMT SERVICE 72-9359-599-91 T.SS5.50 ou•• r•r-CNS 7E7695 11/10/67 21. 75 LYMAN LUMBER STREET MAINT 01-9233-299-62 327465 11n8/97 EO.EO LYMAN LUMBER MINT SUPPLIES 79-4231-590-93 11.95 ••••• • •••-CNS 3ET6-1 11116/6T 13.50 MABUSTH-3EAMNE PARKING 01-6361-176-33 13.50 • r r.o• ....CK6 32T662 1111B/BT 811 65 MARTIN$ NAVARRE 66 MAINT AUTO 01-6361-129-31 611.65 • •r••.• ....CNS ]RT900 �1118161 62 37 MIDYEST ASPHALT STREET MAINT MAT 01-1233-269-62 6E.37 • •••o• ....CNS 31748S 1111$/ST 15.5E ML$ OXYGEN CO EQUIP PARTS 01-6E32-129-31 3R7985 It/16/ST 21.00 MPLB OXYGEN CO UTILITIES OI-9326-269-12 36 S2 •••.•• --.-CMS t987 CITY OF MONO CHECK REGISTER 11-23-87 PAGE 5 CHECK N0. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. 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J81559 Mt/10/67 662.90 MBP STREET LIGHTS 01-93e5-e49-62 317559 11/10/67 **.at Nap UTILITIES 73-0329-569-9t 931 57 .c £•.p �.i•p; b7 40 92 NGPTUGTf PN CIE TCLEPHCUE CI-4320-12'1-31 Its? C171 OF ORONO CHECK REGISTER 11-23-87 PACE 6 CNECP MO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 9 P.O. 0 MESSAGE 329568 11/16/61 19. 50 NORTHWESTERN DELL TELL 01-4320-219-42 327566 n/19/9T B0. T2 MORTNWESTEMI BELL OAT .NG Ot-43S5-049-IS 32756• 11/U/61 16 ST NORTHWESTERN RILL OAT; INS 72-43SS-S49-91 327566 11/1a/RT 24,46 NORTHWESTERN BELL OAT, -31100 73-4355-569-9E IBE.ST ...... .... 327S97 11/t0107 41tBE.S6 PUBLIC EMPL NET ASS% RFD EXCESS TOWN AID 01-3334-000-00 U7517 II/ISINT 69.19 PUBLIC EML MET ASSN PENA 16.'19 TO I1/1 CI-4141-039-12 397119♦ I11U107 1.33 PUBLIC EMPL MET AS" PENA 1011S TO 11/1 01-4141-040-13 3B1S97 11/16/67 1.T1 PUBLIC EML MET ABU PENA 19/19 TO 11/1 01-4141-059-14 3ITSIT I1/16/67 It0. TS PUBLIC EMPL MET ASSN PENA 10119 TO 11/t 61-4t41-069-15 3111,311 11/I8187 7.29 PUBLIC EML ART ADM PENA 10119 TO 11/1 01-4141-099-17 3MTS97 111161BT 11414 44 PUBLIC EMPL RET ASSN PENA 40/19 TO 11/I Ot-4141-111-31 3I1S91 It/16/BT St. SE PUBLIC EML RET ASSN PENA 10I19 TO 11/1 Ot-4141-I1S-31 327S9T 1t/10187 409 40 PUBLIC EML MET ABU PENA 10119 TO 11/1 01-4141-121-31 3l T991 11I1 MT .11 03 PUBLIC EMPL NET ASSN PENN 10119 TO 11/1 01-4141-126-31 XTS97 1111919T 226.52- PUBLIC EMPL RET ASSN PENA 10119 TO 11/t 01-4141-173-33 SETS/T t1I1 BIDS END BE PUBLIC EML MET ABU PGA 10119 TO lilt 01-4141-173-33 MTSVT 11I10/0T E26 5E PUBLIC EML RET ASSN PENA 10119 TO 11/t 01-4141-1T4-33 3ETS17 tl/19/BT BEE TO PUBLIC EMIL RET ASSN PENA t0/19 TO 1111 01-4141-249-4E 32]S)T III16/BT 45 T• PUBLIC EMIL MET A93N PENA 10/19 TO IIII 01-4141-VID-61 X1997 II/16/8T 45 L9 PUBLIC EML MET ASSN PENA t0/19 TO 11/t T2-4141-549-91 32T99T 11/16/9T 13 III PUBLIC EMPL MET ABU PENA 10111 TO 1111 73-4I4I-569-92 SCTSIT It/19/9T .9 ST PUBLIC EML MET ASSN PERA 10119 TO 1111 74-4141-590-93 1,46E 91 ...... .... CKS 3ET42T 11/19/N a a5 PITNEY BOWER POSTAGE 01-4311-039-12 >t1627 1111 V9T 0.25 PITNEY *OWES POSTAGE 01-4321-059-14 ]LT62T 11I19/87 a ES PITNEY DOWES POSTAGE 01-4321-069-15 327627 11I1016T B ES PITNEY BOUND POSTAGE 01-4321-174-33 397HT 111,0107 a ES PITNEY BOWES POSTAGE 01-4321-241-48 41 25 •••••• o.-CNB 32T1Y5 11/18/9T 517 00 POSTMASTER POSTAGE Ot-4321-129-31 327629 11110/aT 6B 00 POSTMASTER POSTAGE 01-4321-175-34 SOS 00 •...•• ...-CNB ]E 96]9 n11018T 54 65 PROE3 PHOTO SUP OFFICE SUPPLIES 01-4E10-114-33 54 65 . o." ....CNB ]l T6f6 I1/16/67 ` 50 R C INDENTI'ICATIONS PERSONAL COUP 01-42Ei-129-31 50 •,•••• ....CNB 1.1P: 67 4 50 RICXS SUPERVALU BLOC MA1NT SUPPL 01-423t-099-17 1907 CITY DO 0110410 CHECK NO DATE 327990 11/10/07 9..... U7719 11/OAT 3Y7704 11/16/e7 3YT7.6 n/ISAl 327192 11 / I VST IY aTS. II/IS/el 3trrrt 1lnem 3nsu n/um 3nt3s nnena 3ell11 II/1S/Sl 3B7902 11/I8/97 U7903 11/I9/87 32T104 II/IS/a, CHECK REGISTER 11-t3-07 RAGE T AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV B P.O. t MESSAGE . 50 . ....CNs 169 SO SHOREWOOD OIL BURNER MAINT BLOG9 74-4303-590-93 169 SO . •..-CMS ie0 00 D'KIE PETRO-CHER MAINT WATER MAIN 72-434S-S49-91 120 00 . ...-CNs lit 00 STRETCHERS 2 GUNs saw 01-0221-129-31 96 2S STRETCHERS EQUIP PARTS 01-4232-129-31 067 25 . 2G1. 96 SUBURBAN TIRE IN6 MAINT AUTO 01-4341-174-33 324 44 SUBURBAN TIRE INC MAINT AUTO 01-4341-290-61 Ste .0 . 3S0 Be SUBM RATE AUTHORITY 1/2 BT MEMBERSHIP 01-4180-039-12 350 00 . 17.69 THOMTON/MARK SCHOOL 01-43S6-129-31 IT so Isl III WALDQR PUMP EQUIP PARTS 72-4232-549-91 Isl 21 • Ste so LARNIMG LITER INC EQUIP RENTAL 01-4331-249-42 Set. 2t . 06 00 MCCS.-B GLADER CON:ERENCE 74-4356-590-93 96. 00 . 1.050. 00 LAHASs 6 1/2 PLOW 14dSSO-633-00 1.030. 00 . 149 OG ANCHON SCIENTIFIC UTIL SYS MAINT SUPPL 73-4234-S69-92 1.9 00 277 50 ELMER J PETERSON CC MAINT �IiT ET4TiOl IS21 CIT, OF ORONO CNECN NO DATE 129505 11.19/B7 127v 1—f6/0T AMOUM. 2T1.50 809 00 009. 00 • 614 00 614 60 2•,SEo lM E50 00 I,oso Go S, EE]. 96 910.S0 1, 042 01 06. 056 21 CHECK REGISTER VENDOR ITEM DESCRIPTION GEOTECHMICAL EMS GOLDSMITH/SCOTT FUND 01 TOTAL FUMP 12 TOTAL FUND 10 TOTAL FUND 72 TOTAL FUND TO TOTAL FUND ]A TOTAL TOTAL ENS CONSULT RFD 1/2 PERMIT 297 GENERAL FUHO PARR FUND IMPROVE 0 EQUIP OUTLAY F WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD 11-23-87 PAGE 2 ACCOUNT N0. INV. • P.O. 0 MESSAGE 61-4105-200-41 01-3t OI-000-00 ....CMS c)cr , nci PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE / ,�3 O / PLEASE FILL OUT THE INFOk...ION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 1. Ve - S �-,.� i / 0 " ; 2. its 3. f kv e a. H" 7, d %. -*/171—LAat.MhRk 1. S. /c v - c d ,a(, 6. ° Vr C Q s �' 9. S ,-i S o. SA,404 S, w S 1 71 5 7. 1 L ) f 2i ; e, 0 PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE -j3- � 7 PLEASE FILL OUT THE INFORMATION REOUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER MAKE (please print) ADDRESS PRESENT FOR (from agenda) 2. 3. 4. / S. lc'. illarr�'ti ^,bo•�.J lar. .e�C' d//�1' o�51R 7. 14, • s.� • Ilil g, v '. /;late 3IoJJ Needs Ni4' A.K 0 9. a.... C'v, 9e"ram th:rl $kill rA PUBLIC ATTENDANCE C OF ORONO ING DATE Z f PLEASE FITS. OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please prin`) ADDRESS PRESENT FOR (from agenda) 1. e �C.c .c)4- lG• 2 _ 3. 4. 5. 6. 7. a. 9. 0. 1. 2. 3. 4. 6. 7. 6. 9. 0. In-form&+l'ofl Z+e.,,o,r. s (Ae" ot Edward H. Hamm 408 St. Peter St. St. Paul, Minnesota 55102 j4 612 / 298-0217 TCo LL-1- aX d, Edward H. Hamm 408 St. Peter St. St. Paul, Minnesota 55102 & 6121298-0217 c S Edward H. Hamm 408 St. Peter St. St. Paul, Minnesota 55102 Lim. 6121298-0217 cu - Cu SPZA14141�i MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON OCTOBER 26, 1987 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, October 26, 1987. Present: Dave McKown James Franklin Thomas Mich Don Anderson John Maresh William Fenholt Kitty Crosby Lucie Taylor UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the consent agenda was approved as follows: - approved the minutes of the September 28, 1987 regular meeting; - approved the minutes of the October 6, 1987 special meeting; - approved the hiring of Mitzi Overland as half-time Early Childhood/Family Education Coordinator/Teacher; - approved variance requests for Allison Ballantine, grade 9, JAshja VanderVort, grade 9, Martineke VanderVort, grade 6, to attend Orono Schools; - approved a variance request for Amy Norring to complete her education at Mound-Westonka School District; - approved a variance request for Barbara Gilmer to attend Wayzata School District; - approved the bills as covered by vouchers 057225 through 057403 (056551 through 057224 used for manual checks) and 055994 through 056100 and 056551 through 056615. Dr. Mich reported that Doug Kramer, graduate of Orono Schools, has been named Vice -Consul of the U.S. Consulate in Zurich, Switzerland; that the Board is invited to attend a school district social activity at the Old Log Theatre on November 14; that a series of coaching clinics will be provided for the coaching staff on the care and prevention of athletic injuries; that Karen Orcutt will attend a workshop sponsored by the National Association of Secondary School Principals in December which will provide training on learning styles profiles; that Parent Meet 6 confer met on Monday, October 19 with the following items discussed: (1) consistency regarding alcohol and drug abuse penalties, (2) com- munication to parents of middle school children, (3) positive comments about the at"sphere at the elementary school, (4) identity of the intermediate school; that the Faculty Advisory Council, consisting of representatives from each of the four schools, had been established as a vehicle for better communication between himself and the teaching staff and the first meeting was held on October 20; that Dr. Ernest Stachowski will work with the administration on staff deve- lopment on November 9 and 10; that a faculty recognition program will be held on January 29. 1988 for the purpose of recognizing staff/faculty with 25 years of service to the Orono School District. Kitty Crosby stated that the Wayzata School District had agreed to open enrollment beginning in 1988-89 and she requested that the Board revisit that issue. Dr. Mich stated that the deadline for participation had passed but that the Board could set a policy that would be similar to open enrollment without being part of the Governor's plan and that to date, Orono's concern with open enrollment has been facilities. Dave McKown stated that he and Ron Gilbert had attended the TIES Annual Meeting last week and it was an excellent meeting. Dr. Mich reported that since the successful passing of the referendum both the staff development and curriculum committees have met. He stated that the staff development committee will hold an all district staff development session on April 1 with Dr. Harry Wong as the speaker, that a two day pilot program will begin for about 25 teachers on the elements of effective instruction. He stated that the curriculum committee has approved a revision of the North Central curriculum review cycle and, in accordance with law, it is based on five years. The curriculum committee will now be focusing on how to communicate curriculum information to parents and to discuss strengths/weaknesses of the overall curriculum. Garfield Clark, Chairman of the Orono Education Fund, Ardith Maki and Marvin Johnson, members of the Orono Education Fund committee, were present to review the purposes and procedures of the fund as well as provide information/answer questions regarding the "wish list" which was a result of brainstorming sessions held by representative faculty/community groups. Ron Gilbert updated the Board on the beginning of the second year of the inter- mediate school stating that it has been a good beginning for both students and staff. Mr. Gilbert provided rr,. Board with information on the various programs/activities that are be yip !ilized/implemented. He also expressed appreciation to Janey Stark for her �itorts in developing the banner that iden- tifies the intermediate school. UPON MOTION by Don Anderson, seconded by Kitty Crosby, the Board of Education nominated David McKown to the All Minnesota School Board sponsored by the Minnesota Srhnnl 9nards A�-�cia Lion. Dr. Mich informed the Board that a packet of letters of endorsement will be sent along with this nomination and this packet will be available at the next Board meeting. Mr. McKown expressed appreciation to everyone for all the efforts they have put forth in supporting his nomination. Bill Fenholt reported to the Board on the Postsecondary Enrollment Options Program for 1986-87. He stated that he was providing this information so the Board would be knowledgeable about the program and the financial impact that this growing program has on our district. Discussion ensued regarding various aspects of the program and administration will provide clarification on course completion/guidance department involvement at the next meeting. UPON NOTION by Lucie Taylor, seconded by Jim Franklin, the meeting was adjourned. Ka[her ne P. Crosby, Clerk ^( / Approved: c.4,/ Dave McKown. a rman Lake Minnetonka Cable Communications Commission 443OAK STREET • EXCELSIOR, MINNESOTA 55331 • 1612) 474.5539 To: All LMCCC Directors From: Holly Hansen Date: November 9, 1987 Re: Upcoming FuI Commission Meeting There will be a meeting of all Directors of the Lake Minnetonka Cable Communications Commission on Tuesday, November 17, at 5.00 p.m. in the Excelsior Studio, This is the quarterly meeting of the full commission, and I hope you will all be able to attend. Please note on the Agenda an item for the Regional Channel. The LMCCC and Dowden are still working to bring this channel to the Lake Minnetonka area. Mary Smith and I have attended meetings with the Regional Channel Board and staff to discuss the feasibility of tape bicycling as a temporary solution. The LMCCC has requested, before our meeting, that Dowden provide a preliminary report on the technical possibilities and costs of a true Interconnect with the Regional Channel. Enclosed with the minutes and Ager.:a is an article on Cable TV that appeared In "Consumer Reports", which I think you will find of interest. Also enclosed is an article on the effect Mall Street activity has had on cable systems values. As you know, Dowden Cable - systems is currently up for sale, although there has been little happening In this area, according to Cowden. I hope you will all be able to attend our upcoming meeting. If for some reason you cannot attend, please contact me as soon as possible, and no later than Monday, November 16. If you have any questlons regarding the Agenda, please feel free to call me. look forward to seeing you at the meeting. 21981 I I` 1 LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE MEETING Tuesday, November 17, 1987 e 5.00 P.M. EXCELSIOR STUDIO A G E N D A I. CALL TO ORDER If. APPROVAL OF MINUTES Ill. REPORTS (a) Officers (b) Administrator (c) Legal Counsel (d) Doaden Cablesystems IV. REGIONAL CHANNEL 6 UPDATE V. UNFINISHED BUSINESS VI. NEu "-SIniSS V11. ADJOURN A lrlulu8 LAKE MINNETONKACABLE COMMUNICATIONS COMMISSION 5t0O P.M. EXCELSIOR STUDIO AND COMMUNICATIONS OFFICES TUESDAY, OCTOBER 20, 1987 CALL TO ORDER Chairman Haggerty called the October 20, 19,., meeting to order at 5sO8 p.m. ROLL, CALL Directors Present Jerry Roehl Dennis Haggerty Jim o.,:c Ton. Anderson nean Johnson Others Present Holly Hansen Mark Ayotte Mary Smith Shelly Qu3as IL. APPROVAL OF MINUTES Motion 10.20.87.1: Olds moved, seconded by Roehl, to approve the minutes of September 15, 1987 as written. Motion carried unanimously. III. REPORTS A. OFFICERS: Chairman Haggerty briefly commented on the NATOA (National Association of Telecommunications Officers and Advisors) conference. He enjoyed it very much. B. TREASURER: Jerry Roehl reviewed '.he third ivarter does not foresee any major problems. Just Claims: Motion 10.20.87.2: Olds moved, seconded `.o approve Just Claims as written on appendix A. Motion unanimously. C. ADMINISTRATIVE: Administrator Hansen Informed the Commis .on that Jeff Olson, who is working part-time in the studio, has giver. ,cwo week notice. Hansen explained to the Commission that she would Like to increase mill Strohm's hours to 20 hours and raise his salary to $5.50 per hour. Hansen also proposed to the Commission to hire a person for office supp� This job would include some typing, filing and general clerical work, along with video skills for the studio. This position would be approximately 8 hours per week at $6.00 per hour. Hansen informed the Commission that there was enough money in the budget to cover these salaries. An ext $1,200.00 was earned as extra income and is not shown in the present budget, this money could be used for salaries. Motion 10.20,87.3: Anderson moved, seconded by Olds, co raise Bill Strohm'e salary to $5.50 per hour and increase his hours to 20 hours per week, and also hire an office support employee at 8 hours a wee✓ not to exceed $6.00 per hour. Motion carried unanimousll Administrator Hansen informed the Commission that the NFLCP (National Federation of Local Cable Programmers) conference is coming up on November 6 and 7. It will be held in St. Paul at the Radisson Hotel. The cost is $25.00 for one day and $40.00 for two days. Hansen would like to attend me day, she would also like Bill Strohm to attend on Saturday. She teals it would be a learning expericuce for him. Motion 10.20.87.4; Olds movr P,.onded by Anderson, to authorize Administrator Hansen and 011 ,hm to attend the NFLCP conference for ine day, the cost is $50. Motion carried unanimously. LMCCC Minutes Page Two Ill. REPORTS - CONTINUED C. DOWDEN CABLBSYSTEMS: Mary Smith of Dowden briefly reviewed her monthly report with the Commission. Connectioi.s are 136 and dis- connections are 128, subscriber activity being 6. Smith said this is normal for this time of year. CHANNEL UPDATE A. P.E.G. (Public„ Educational and Government.l) Chairman Haggerty, Administrator Hansen and Mary Smith had a mePti-a to discuss placement of the P.E.G. channels that would be suit..' to LMCCC on the channel line-up. laggerty would like Dowden to sign an agreement stating that the P.E.G. channels are designated as channels 8. -0 and 3l and when LMCCC determines it is time to activate these channels they will he activated by Dowden. Ayotte inquired when the channel line-t, will become effective. Mary Smith stated it should become effective on November 4, 1987. Ayotte also recommends to the Commission tLat clarification should be made in a written formal agreement stating the designated channe for the P.E.G. channels; this agreement to be signed by Dowden. D. REGIONAL CHANNEL The Regional Channel began operation on October 4, 1987. Chairman Haggerty reviewed a discussion he had with Mary Smith; they discussed some complications of receivinw the microwave signal for Regional channel 6. The International Center in Down Town Minneapolis is blr .. ing the line -of -eight for Dowden to receive the signal. One of .,owder.'s main problems is the lack of a tower ill enough to receive the signal. Smith tated that Dowden di. check into water towers but they were not -� eptable because of the weight factor. Fiber Optics '.:as mentioned but it is too costly. Mary Smith informed the Commission: triat Dowden w,is willing to bicycle tapes .cycling tapes mean. Lrenaport:r7 tapes from one stud:o to another) but Regional Channel 6 representatives at this time were not prepared to bicycle tapes. Merk Ayotte and Administrator Hansen feel that Dowden is obligated k lovide the signal to LMCCC. Ayotte would like Dowden to prepare a .`.en repo, to iAentify some of the technical problems, solutions . .explanatio why a.. idea was considered or rejected, cost factor , and prov a butter explanation, of how bicyclinq tape, could work as a ;.emporary sc'ution. Mary Smith commen-ed it was unclear to her whose responsibility it should be to go after thL signal. Ayotte stated th-t it is Dowdens responsiblrity toprovide the signal and that Dowden is not in compliance with the franchise. Jim Olds feels that the Commission represents all subscribers, there- fore the Commission needs some answers on Regional Channel 6 inter- nnect a,. LMCCC will be -ble answer to member cities. The _v, issiun would like Mary Smru, to submit a preliminary written report stating what Dowden has done to receive the signal and/or bicycle tapes, what i ernativss have been look,­.t, cost ract,,rs, and what Dowden has done so far. Johnson would like Administr.,to Marren t- c.ntact Midwest Microwave and the Cable Administrator of iregiur.,k r,janncl u .`t more information. LMCCC Minutes Page Three UNFINISHED BUSINESS LMCCC-s check for the short year mill be delivered within days of thie meeting. VI. NEW BUSINESS NATOA (National Association of Telecommunications Officers and Advisors) is doin, city oriented survey on the congressional overs',Ait hearings ghat are coming up on Octobr : 28, 1967 and mould :ke comments from member cities. VII. ADJOURNMENT Motion 10.20.87.5: Johnson moved, seconded by Olds, to adjourn the October 20, 1987 meeting at 7:23 m. Motion carried unanimously. RESPECTFULLY SUBMIT-fED, Sholl; Quaas -3- MCCC JUST CLAIMS 9/16/87 - 10/20/87 CHECK / DATE PAYABLE AMOUNT ACCOUNT 1520 9/17 Wager's Inc. $1.255.00 Office supplies 1521 9/30 NW Bell 65.25 Telephone 1527 9/30 CineQuipt, Inc. 262.92 Video 10037 9/30 Holly Hansen 687.42 Payroll 10030 9/30 Jeffrey Olson 66.64 Payroll 10039 9/30 William Strohm 121.72 Payroll 1523 9/30 P.E.R.A. 85.25 P.E.R.A. 1524 10/8 Vrooman/s Floor Covering 282.71 Miscellaneous 10040 10/15 Holly Hansen 678.42 Payroll 10041 10/15 Jeffrey Olson 109.51 Payroll 10042 10/15 William Strohm 151.24 Payroll IF-- 10/15 P.E.R.A. 89.37 P.E.R.A. „c 10/15 Bank Excelsior 546.22 Payroll Taxes 1527 10/20 Shelly Quaas 60.00 Sect'. Svc. 1528 10/20 VOID 1529 10/20 U.S. Postmaster 41.50 Postage 1530 10/20 Paychex 30.77 Sect']. Svc. '91 10/20 Gross Office Supply 8.31 Office supplies 1533 10/20 O'Connor 6 Hannan 704.69 Legal 1534 10/20 Dennis Haggerty 122.72 Conferences 1535 10/20 Holly Hansen 122.70 Conferences 1536 10/20 Holly Hansen 21.40 Mileage (Mist,) 1537 10/20 Commissioner of Revenue 116.66 Payroll taxes TOTAL CLAIMS $5,630. 42 BALANCE BANK EXCELSIOR $13,065.60 BALANCE CREDIT UNION 6,062.88 Our survey shows some 60 percent of our readers are hooked up and watching. But do then like what fE ee? What does : able tele- vision hav' : offer that regw:.- V doesn't? Wk asked subscribers to judge the quality of the pro- gramming on the ma- jor cable channels, both pay and basic. You'll ford the Fat- ings on page 55 t. ♦ omrtime this year. able T' will nvermke broadcast TV: More than half of all American homes that have TV sets will get thew picture through pri vately owned wires instead of over the air. It's been a banner year for cable TV in other ways. tote. This year, the industry expect& to top $1 billion in advertising revs enter for the first tiros —a traction of the ad namvy IN - hrnadcasl TV rakes hk M^ .I mdenmm rN-k—. W, the first full year that ogress has allowed rate d, regulation: cable mmpancs. not tourist paloars, now determine how mach '� change for basic service . AM this y,y. the Government gave cable TV a new and hefty wvo.W on the (annuls used to calculate the Commoner Nu, Imlr a--.,dneaurnnr snlertmwatiem, so to speak, tot rabic TV's mmmg of ape Cable TV has take -ems in eo Cable systems' ser- vice and rates vary widely around the country. Is cable worth the $275 a year that the average reader pays? How does your system measure up? We con- trast three pairs oflo- cal cable companies from three parts of the country on page 552. trench itself this firmly in Arrwn :i s living rooms and consoomsnms. In the begs ring, cable TV wasn't even called that. It was community -antenna tel-vision, car CATV, and its ande purpose was to bring broadcast channels to places that other - write couldn't gel Ihrm. In 194A, an appliance salesman :aired John WMson strung a cable --a stretch cal twin lead antenna wire —hum a mountain top arrial in his store below in the Appah. WWII mining town of Mahan vy Cov. 1' The win aR was strictly a pby to sell television s,.s, then a new, [angled meen. limn. W.I. put three seLL­cee tubed In each nrmt,la -in his store wiritkvw and drhgbted passers'- wnh shows pulled at from Phdadelphra. alnmxl GI miles away The TV sets sw like Mwakes, but hirers demmdrd In he bwIkrd torn the antrum sour their sees wrrr ."I... w,IN 1 s. Thr ap,,hsn,, salesman obliged, lire a Cable continues to flourish and to distin- guish itself from "regular" TV, yet it remains mired in sticky legal issues: charges of monopoly, interlocking owner- ships, runaway de- regulation. These is- sues affect what you see and what you pay. See page 553. monthly fee --and able TV was born. CATV spairrrs sprouted around the country. Nm la...ad technology present. ed two hannidahle oMmdes. The Federal Cummu orations Commis noun, at the behest of mmiehouse owner and television networks, I,- smrre ,eRulntory cut bs on their 'spots that cable TV could tang We a - We from earning advertising. M house owners and Irleetinon networks had r, aRnteM the new techmdMly as "Cnual mampetitmn when more CAT' sycle m, started "minoring distant stations fur their wbsrrdsers Aa pan of the rampatim agmnet .able. tbear n tere,us InMnrd IN FCC for pmMion, caning the spectre al eventual "pav TV" for Al Americans The growing cable mdnslq Wit" has is .mot and before the FL( He f91I0. the ,rgublmv.mbs wen mcmatsd Meanwhile. lerhoul,'gy had taught I., CONSUMER REPORTI, i:M6EN IMP Sa] J ble . - ? another snare. In the early days of aW- the way to relay distant signals was with microwaves transmitted and re- ceived volt ground -based antennas. That and of transmission worked wed but wasn't practical for long distances. Hone Box Office, developed in the early 1970s. first transmitted from the top of a sky scraper in New York City and reached only into Pennsylvania with its signal— clewiy WniUng any visions of large-aale, sal mnal able networks. When RCA launched its Satcom i com- munications satellite in 1975. the picture brightened considerably. A able channel like HBO could beam its microwave trans- missions to Satcom and relay them back to virtually anywhere on the ground. Dish The TV habits of CONSUMER REPORTS able customers differ from the M. Ronal norm in a couple of important ways. Our -eaders. who are largely suburban and well off, subscribe to able TV at a high ate: 60 percent of otN readers subscribe. but only about 50 percent of all Americans do. But readers' families watch leas TV than average —about 30 hours a week compared with the national even age of 50 or 60 hours. So ou• sur• vey results, while they give a clear pic- ture of a typical reader's TV habits, may not translate well to the typical Ame:ian's TV habits. Still, able TV has had the Mme ef. fM on our readers that it has had on most folks. Being hooked up makes you watch more television, close to half our readers say. antennas at local cable systems could pluck the signals from the air, then amplify them and shunt them over coaxial cables ksctly to subscribers' television sets. Nationwide distribution of cable channels became a reality. HBO signed on to Satcom in 1975. The industry never looked back. Today, nine satellites Orbit the Earth, beaming more than 50 cable channels to the 7800 cable systems that dot the U.S. The programs range from TV dramas that first abed more than 30 years ago to the most can. temporary of rock videos They include the flatly commercial, such as nonstop home-shoppmg. Arid they include a good deal of programming that has diffi- culty finding a home on broadcast channels How do you make room in a busy We for all those new channels? The majority of our readers have curtailed other leisure -lime activities, late going to the movies. About one in four now reads less. Concerts, hob- bies, and other pastimes have also suffered, but to a lesser extent. Most of those who look part in our survey were seasoned observers, having been honked up longer than lwn years. Most also received at least one pay channel like HBO or Shoish se, which costs perhaps 810 or ill a month over the basic rate. Each month the average reader writ" out a S23 check to!he able company. a fee that may have gone vp Rua year with rate deregulation. Add up the checks for a year, and you could buy a basic video cassette Reasons loreeNhliehooked supported solely by advertising. Specials based on CONSUMER REPORTS have ap- peared on HBO, for example, and CU is currently developing children's program- ming for TiaDisney Channel. If the channels and Weir programs arc able TV's product, the local cable sys- tems are the pipeline. On our 1986 Annual Questionnaire, we asked CONSUMER RE.. mRTs readers to rate both. Nearly 150.000 subscribers, 9 in 10 of them cor. rent able customers, responded. They detailed Web life with cable TV —the channel% the service, the rates. the changes that the medium has wrought at home. Much of this report. including our Ratings of the most popular cable char. nels, is based on their answers. recorder or rem Son, a;s.v feature films if you already own a VCR. So why sign up for abler Most readers, we learned, don't really need cable for reception: Only one out of six toW us that watch- ing broadcast TV was "impossible" without able. though a substantial mi. nority-4/ percent —wanted the improved picture that able could de- liver in their area. The main reason for taking cable: more movies. Readers likewise rel- ished all the other extra programming that cable brings. as the graph below shows. Almmt hall wanted to get the so-called superstations­urdinary TV from out of own. AB told. our able customers nsue8y receive at least 10 chmmda more than they can get with an.¢n na. Howhookedareyou? Leinemaeesi0ucuft ad emca recsmangcable TV .era. wa W re.a sae OONSVMER REPORTS SEPTEMBER 19117 Listed by groups; within groups, listed in order of overall quality score based on responses to CU's 19M Annual Questionnaire. Differences of 3 points or more in were are meaningful. 0 Cbs mmel. Pay channels were rated by at least 2800 of their current and former subscribers; most were rat. ed by more than 15,000. Basic channel. were rated by al least 25,000 of their current subscribers; most were rated by more than 50,000. Type. CU's categm-irtion of a clummi's typical programming. 0 Overall Score. Readers rated overall quality on a five-puint scale Guide to the Ratings from excellenl to yoor. We've sum- marized those judgments as the Overall Score. Had everyone judged a channel excellent, its more would have been 100; had everyone judged it par, its score would have been 0. Re- su1N pertain only to CONsuhleR RE, PORTS readers, who generally watch less television than Americana overall. 0 Readers' eating. The dote -part bars give a breakdown of how read en rated channels on the exceRemtu poor scale. 0 Distinctive. Readers indicated the channels "whose shows or movies are so unique you'd be unlikely to we them on other cable or broadcast channels." For the channels checked, roughly one-third or more judged them distinctive. 0 Special appeal. If M is listed, men rated the channel's quality sig. nificantly higher than women did — generally by 5 or 6 points in Overall Scare; R W is listed. the opposite oc tuned. If O is listed, readers aged 45 and over rated the channel signifi. anlly higher than younger ad .Its did; if Y is listed, the opposite hap- pened. If C is listed, at least half the respondents who have children at home called the channel a favorite will, their youngster. Ratings / �� � fadrra/w., / ��r / O / A 0 a. a tera•raBK 0% v UWJaa " a •"'^"' CNN NaaNite Nawa__ Arta f [MMalament (Af[1 aae.r M s^Nresss v WO ESPN Spam Nala+A O wrBf swwmn WGN The wesm"CAgaw rx.s.m..euwr N Nldelci cnn.e USA Netwirtt cewrvinn.w. a '— _ ►,... wl v.v,C__ Lif,drat sp es,.vase, w ^ --' 1*sseatwrs^ea w Financial News NrMrk(rNN) M..ionvow er a '—r r+*""'."rer—w^' _ 0 C-SPAN Poo, a.. a •.' _— t_?7r CBN cable NehrarA U M Ruaww. a - ' rP^' �" IB w The Nas_h_vlUe NaRwrlt Music n -- -- r-^seasawstarwwl _ U MFY c CONSUMER REPORTS SEPTEMBER 19aT 551 Cable ME The service hen subscribers gripe Three out of five readers in our cable- problems. service outages tend to be fairly about their clok sys. TV survey reported that they had expert. shun. Half lasted three Mum or less. Still. rem. It's a good bet cored one or more service disruptions in about one in eight of the outages fingered they're griping about the past year; one in five in the month be for Iwo days or longer. Worse. all channels unreliable service. The most sophisticated fore the survey. An unlucky one in IB said on the system were muallp affected. cable operation doesn't amount to much if they had endured more than a half -dozen What about picture quality when the you re frequently bladed out or if you such disruptions. system is up and rummang? Nearly all read. can't get the company on the phone. Judging from our readers' most recent ers were satisfied. Yet close to half A.m. How esa blo getWee cohiMwrwf 1H theeO saa.Iaaair - nvn aeauac getWee a.vutplot ca.m am cc at cca - dwb gaw.a SUMmp.rr= Us.E00 Gab ..nrw (1rLaH Ww) �W IB.x HBO hnoslluyf gb PicroI�W�Oeg Ibl' .ti In Pay 9n.nn«. onos«�e » vryslwnwae««praw a,b�ori z � e v«y saos =, aX pclurep/a111M aaX .nfi Halo a���comp" nx]LJlINfv n uy nnor91ra1 Y OIov in 0 IM ap in nor l0al 21% Ir ( 1101.,. oos. son, vAtM1Nhe act].. se'.lp a1 N a sas 11 Mnoew nb gar re; OPINIONw a99ea "we w w "Mar T1W.- Mwalan MWWtan Ion�IYI 8WWYaw Ili; t95a +ie.xn:C.MlgoatMW� '"''+w Mb eu4r9pay Ini lI0,p00 1M. ID0.900 bp19a1 cam IIa.OIp Wb JI995 S1s 95Baaa'.amca tn.�wm��d�9 la. toIa.10OpnwMMl Noma] `` lia5 11W HtiOM4i.1J IO.M t..b 9bs 28 iXrYlaewk Ja Ja b Sra«n e= 35 31 .awx'e 31 Iy ry Wlr PwMar.x ai Ij s o.r Cll.m.w MK.G P.+Y.+-vVIY99wM rw y0 Ne 9ggnwe No mow I1...I� Olrt.pg2e.�N iss 6% CMa9aata p IIX 15\ ✓e, ogaa. aim. 5% s \ .5 •. V.ry Y..9.O who pwlue Qvµh 'YX ]tX PCN.Wb lllyreHpuayh r.n.W J9\ .0% 41% at% PKNa wu.Ny r.n.['a 55% 59Y 5I K�eamper�y y% ]9\ I/X M.NbruM.)X HeU GM1\Iptwna It% ]a � 'MaY'V poGwm Noise setplK4tM .IX Il\ Uta0assen (N SoIOnaY.a DL..IP?I Sa cap St w.II 1 Nioeio9 ie It5 naw.a 1. Maw, era0 �yyar Boat on elconst— I— comParvn one fins .onm .Mmp. M I. I e.n+srcee a ma5 ax Ey,ea. ser oow .Mop a 'ham to l.nIc-oaM .re M»a en+nly lnoY who VNO 552 CONSUMERRERIRIS SEPTEMKR190t ported that picture quality vaned from channel to channel, with some channels Woking worse than others. A suable mincrity—one in three—com. p4ined about the billing Their biggest peeves: the high cost of adding or drop ping pay channels, confusing or inaccurate bills, and the hardao-fathom package deals that their company promotes. Most readers told us that they had tried to reach their cable company in the past year. Easier said than done. Hall of those who called said that getting through was downright difficult —a pour record for a service -oriented business. Readers had a chance to sum up their overall satisfaction on a five -point scale. fhm-such called themselves "dissatisfied" , r "very dissatisfied." Only one+.ird gave the colorist, high marks, saying they were "completely" or "very satisfied." Judging from past surveys of other services, that's a lackluster showing. A tale of sle systems But perhaps lackluster service is what Tom get when a compary enjoys a monop oly. Fewer burn I percent of cable -TV sys. tems operate with any direct competition. If you want —or need -table, you must get it from the camp ry that holds your was cable friouldw. The quality of sec a may be just a matter of where you ve. Sometimes the crazy quilt of lhouse..ds of cable central. nies leads to glaring .isparitirs in service from one mighborhood to the next. Alert. ed by industry extant, to areas likely to show such cmUaals. we pulled survey questionnaires to take a closer look at three: San Diego. Manhattan, and the Vu- giNs suburbs of Wulorigmn, D.C. In San Diego, the San ;uego giver divides the companies. In M rhatlan, it's major crom town streets. In hrgbtia. it's the line be tween Fairfax and Arlington n.unries. One of the sharper differences was the systems' channel capacity. In Arlington. Mentionable offers only 71 channels with basic service. In neighboring Fairfax, Me. du General offers 77 channels. One of the most sophisticated cable systems in the U.S.. Media General includes in its lineup 17 broidcasl channels from Washington, Maryland, and Virginia: dozens of cable services; and IB community channels. The system even boasts a "four-inone" chan- nel, which displays the three major net- works and a Public Broadcasting Service station simultaneously in four quadrants of the screen --a TV junkie's dream. For all that, Media General customers pay $2 a month less than their Arlington neighbors. Media General started up only a few years ago. Okla cable systems, such as those in Manhattan. often lack channel ra parity. Old equipment wasn't designed to carry many channels, since there weren't many channels to carry 20 years age. New York's 21-yearold Puss system delis. ers the fewest channels ese six com. parties —a mere 26; its beb,c service gives only 22. New Yorkers who live farther downtown gel nine more channels from Manhattan Cable, though it's almost as old as Paragon. Systems rope with limited capacity by letting different channels share the same slot on the That at different limes of day. This spring. Paragon added the highly rated Arts & Either ormserrl channel for its cuatamrrs—but only from 9 A.M. to 7 P.M. Al night, it substitutes a pay -movie service. Manhattan Cable subscribers get to watch A&E around the clock. As for pay channels, neither New York system offers Disney or Bratty, the channels that lopped our Ratings. The cableahannel lineup available to Manhananiles is among the most limited we've seen. San Dicgri s two systems are even older than New 1'ot k'x. They've kept up with Cable As r.mle television gains an eriff-ifteAmen,amRor ,. an aid in rabic , s homes, an army of cables include c has begun m muster In ranks 1, Int consumer advo mrs rears. delw boad.nst Public mn(parting .Selo r,, ones) watt 1'rmli Bmadraebn, Servur alatkmsl, the motlm'In,'hne tat dolly, even the o s,ratma of ,all r.W -Yale.,. who n.i on r,.u.niv squmard by the Inurm a,04 mmpamn. CONSUMER REPORTS SEPTEMBER TNT the loots, however, each nffrriaR 15 chan- Refs. including pay-perwiew movies. The Cox system includes a few more channels with it. basic Mervie. than neighboring Southwestern Cable. How did our readers rate the service of these companies? Fairfax's spilly Media General system won hands down. at least for the penal in 1995 and 1986 (hat our survey covered. The system's superior' likely reflects itself in residents ee ness to sign up. About two-thirds of Fain lai s homes ollanvihe: fewer than hall in neighboring Metraeable's territory do so. Readers also reposed big differences in picture quality between the Virginia sys- tems. Almost two-thrds of Media Gener- al's customers praised its pttlure with highest marks, but fewer than half of Me. trorahle s customers did likewise. Vagama readers alsojudged it appreciably easier to reach Media General on the phone. By contrast, San Dirga ss had a far tougher lime getting their companies on the lion Co. wm especially bad, with 62 Percent of the readers who'd tried to call reporting that it was difficult. And Coss customers had goal reason to call: The company had me of the worst notes on billing problems —much worse than its neighbor. New Pork's Paragon also came off pearly compared with its downtown counterpart. New Yorks two cable systems had the longest outages. based on readers most recent service dintilo a (Paragon, how- ever, may have improved ceder its new managemcm; at the time of nor survey, it was owned by Group W Cable.) According to our survey, more than one Pith of Man hanan Cable customers had experienced outages that Listed two days or longer. Paragon', performance was somewhat belle, but Mr from gad. Figures from the other avblems revealed far fewer disrup noon that severe. Now The issues They contend that cable has grown into a mnnnpolvas "electronic gatelaeper" to hall the natoms households; that a handful of ,nponne maul• control programming, service and morn ,, Ih own benefit and In thr drinot of the outdo For drradrn the cshl, uslontt v Ian bwd I„ defircI the puhht s am in its a0atn l able Irm,rams travel urn, ono hone over pnvale woes r:nhrr than the pohb. anwavrs. So the mdusnv has Inn, nwr tended that. under the Flat Ameadmna. it should be as Use from regulation as newspapers:,, magazines liar's a ri mlmen of the most ima,rlanl nears surrounding the growth of cable LBCN mono/olly or not? has, d cable atmPan, ,,-rate nmlrr, a firm, 1,11 nantM by a n� of , vurt, ,ov . cm, i rat, with knal mmmop,dwr Ilie usual testis (am norosam w,meoowsa m'd. 5113 lem. a, New York and othet titles have learned!. In return for the franchisea coo. nittiplky can set rules lenebtrng its cot arcs —insuring that the company will was the erxire area rather than just the neigh. barhoods likely to produce the or st sub, scriber,, fen instance. Franchises also commonly guarantee local -access than nets, as well as a share of revenues for the mumcipakty. I'Iacrs where two cable rompa- mks compete head-lo-hrad are rare Allentown, Pa.. is the largest city i which two companies compete k the same residents' business. Th competition there appears to hav brought customers better-tha -al crnge service and equipment. If Ih cable conks not after busine, hours, one -d Allentown's system has "service people an the road ti 11 P.M.. 365 days a year." cis vie president told CU. The other can party oilers even more: 24-hour se vice. Both systems offer more tha 40 channels (36 is standard in the h dustry), including a pay -per -vie service for recent movies an sports events. AM both offer rek lively low rates for basic ser- vice—aboul $1 a month less than the industry, avenge One company also boasts a new. broadcast -quality %India for its IoralonRtmation programming. But Allentown is unusual in that almost every household in the city subscribes In cable—occeplion otherwise is impossible. Marra it. which few• er homes subscribe might not be able to support two competing operators. A city'" pow. r to grant a mo- nupnly is being clullenged in several cities. In bats Angeles, for Instance, arable operator has sued the city to 1.1 n ,ompete against the systems that currently hold franchises. The company argues that wiring a city to like dislrib. Wing a newspaper and that under the Fa,! Amend- ment a cable company tan siting wl-^s anywhere it wants. That thinking. taken to its extreme. would pet mu Medics womg the "1 Merry pcking'* of xfnurnt neighborhood, and the "redbmng" of you ones. In Springfield 0- re,. dens have take her Is, Tire, r Iamo roo an Inoue" to have the., unh ty board lake err then 5" sr,lenn lnow run by Trlr Connnonveaon, In.) and op•mte it a• a unhty car roe p•Ie mmrM it. Ther're ao, rd by rate hde, of ft9 percent over the past two )Tars. Big versus small The rabl,-TV industry is M•rnnong con tenlrated in Iwo ways hoe, individual cable systems are being bought up by big am tilde -system operators. last year, far instance, a handful of the big companies went on a $9 billion spending spree, scooping up cable system, that Serve roughly one in six wbscribers in the U.S. Second, the distinction has blurred he. Iw,,n the corporations that run the xvs. ten, and those that produce the program nunR. Indeed, the biggest system oper- ston often own the very cable channels that their systems show. Those de lopments are concentrating pow. over what viewers can watch into wrr and fewer hinds. 1'he biggest multiple -system op star is Toler Communications Inc. CO. based in Colorado. The com- ny owns more than FIIO cable %vs. no. which bring TV to some six ilbon households in 44 statex. The rand largest operator is Amen n Television N Communications ,TChssubsidiaryof Time Inc hs Inscriber count m 3.5 million. read over FFO cable companies in stairs. The power of systems like that to ill the plug an channels for mil ins of subs. da ra has been called "dictatorial" by Jack Valenti. a spokesman far the motion, pic- lure Industry. Rattler this year. far example, Tele Conmunica. lion, Inc. dropped the PTL Net- asnk from its systems like wise. the two million sob,mben or the nawdefunn broap W Cable (it was broken UP and sold last year) were n.f given a chance even P, rrfusr Tkc R.W.v Channel, stare the compacts', heal reportedly wouldn't carry Playboy on my of Group W', svot m,. The naeclnrk! E owmenhtps between able systems and ca- ble channels also affect whtrh channels you ser—and which van don't are Consider True 1., which ..as ra. We system, through ATC mbsidtxry. 'rime, awns HBO wad Ctnnsas. two pay movie channels. as well Tmek cable systems night ,Anne Im offer only Tou'% movie chimark and nil. say, .slo rhtee aoil Tke Meet, CAannel (whwh are awned by mother multiple r.trm "Manor. Vao.mt That's the chmee n which , R rup of .band, a, is swig Atanhattm l s of, TV, a New Y•sk nWe ,,.trim owned by Tlae N,n,h is snL.ohary Manhamn Cables sole paY.movie Chan- nels are HBO and Cinewaa. Subscribers who are suing say they want more choice and assert that the system is deliberately keeping off rampelilive channels. According to industry data obtained by CU. more than 90 percent of Times sys. terns nationwide carry HBO and about 75 Percent, Comecon. By contrast, fewer than 60 percent of Tiime's systems carry SFosdiwe and Italy 25 percent, Tit, Morrie Channel. A vice president of Manhattan Cable told CU that (here was no desire to keep channels off his system. He said that the problem was too few slots an the dial. Eventually. he said, the suit will became moot as his system's channel capacity is expanded. Curiously. Manhattan Cable has managed to find room on its .Rent dal for three home -shopping channels. Besides owning HBO and Cinemas. Time has a stake in Black Entertainment Television. Cable New Network. and WTBS. VRcom, whose systems serve one million cost.. rah has a stake in Li/aiwr and owns MTV, VH-f. Nokelode^n. Sho siiwe, and The Mnlue Ckanarl. (Vora. come in turn, i, awned by a Company called Naiorul Amusements Inc.) Tele-Cmana. locations Inc. has a stake in seven cable channels. "Not ewryw Mas The Federal Communications Cammis- sion, which oversees cable television, wanted to insure that Cable Customers would still be able to receive local televi lion. So in the mid-196(k. the FCC or- k•red cable systems to carry the broad. cast amtina. in their area. Systems located between big cities had to Cony duplicate network stations and a host of indepen. dents. The industry considered the rule a burden -channel alms are prC..,-acid fought the "must carry" rule in court. It argued that the Fuat Anwndment gives cable myslems the right to pack as d cho lie programming, the way a magarme in newspaper pick, and (hones articles. Eventually, the original sweenog rule was dechu d ummnstnutional. A, soon as they Could, rable systems around the country started dmppmg %is - limn. Soar wrrc matums that .hpbnlld programming (duplicate Puhbr Ilroadca l mg Service mama, were , partvoar tar art I, but same wrrc h..1 andr(Madrin is bans-slabnna that often run rommumly prugramnung not avail.ble Is Vvhr.. Some cal those ,t.lwm have charged dial the Cable nprrdnrs drapried lhr•m m order In no It u,, the I..A .:dvrrl.ng such .la toss typo dlv ran y. Re: Call, air FCC .dapbd a .mpn. Cone mu.l,r auv ndr LdreA, nrvh'r nmrt ,haler,). Thr new ,,hit,,. till re C . SUMER RFaORTS SEPTEMBER IN' quire, that rcrlamchannels be Carried, but it Ices cable systems with the smallest channel capacity carry only one noncom. merdxl broadcast cha.mel. Systems with a 5(schannel capacity must offer a dozen El..nicasl channels. DIM{Y�/ttgl Congress substantially deregulated the cable industry with the Cable Act of 14M. The act allows cable Companies, starting this year. to set their awn rates for basic service. (Pe"ic usly, such •at" had to be approved by local governments.) Along with rate deregulation. the Cable Act made the renewal of cable franchises almast automatic. Consumer advocates say that both provisions Cab local governments of ways to safeguard the inter"Is of cable submviben in the price and quality of the service. Congress intended rate deregulation to occur only in areas where cable companies face "effective Campetitinn'-namely, in places where people receive suffiewnt over -the air TV. The lawmakers wanted to keep karat officials in charge of cable in places where residents have little choke but to subscribe. It fell ❑a the FCC to sort out which commmutin have good enough reception to warrant dereguabon. The FCC ruled that derrguarian could proceed in any place that ran get three an. air channels. But the rules the Commin- %mn adopted allow for ver,. snowy pk tore, and a 30-Io t high antenna Further. if as many as half the people can receive broadcast stations only on toe rlrarest davit, the area still qualifies far deregul, lion under the FCC's roles. Consider Dubuque. law., a row of 6.1,000 surrounded by IOpNoot bluffs a I, I, in lead depnas. The mountains and meal ,at Dubuque's rrcrptmn R.0ificanlly. Yet the FCC maintains that the city ran get eight broadcast Chanel. The City', cable administrator says Dubuque barely re- rrkves cane. which is why more• than (an, of five home. there 911 Cable. "We're a Aassic ,sample of markets Iha arc truly a captive audience for Cable," he said. Or .model Manhattan. where many People live in the shadow, of skv,. alwrs. N...1, lull our survey ,ample Lora M. haltan Md TV recepmn wa.'lmitmss III,' mahout ruble-aMgn there hour, the prnpmb:m in r - marvel, werdl Vel calk was deregul.led in New York City. as d w., in DUNN., am mast pl.res. Under the FCt"m rule,. cahlr wan drmegualyd la ^aprrtenlnfru,UxrKrs. New 1'nrk .m I bahuanr pnnM,-dwr te. is . ,Cot arm the FCC's godr•Imr,. A Verdi, handed :lawn m )udv a lmres the FCC to a,,u, new ,accu to gauge the ,.all, ,d b..l m(Imbon, but or. rule, probable worn I fir nmueol worn Introducing the NEW PRODUCTFEATURfS. SERVICE... To hep you make sart buying decisions atx,at mmany jmpor- tant electronics products and major appliance. These current reports covet • Models offered by every major brand •Every significant feature of every lasted model. • What each feature dews. • Which features one experts think are impnr.rut •The suggested retail per^ • The man,laclu.r , phone number w van can find out which shirts carry the model you „ant Is Where to look in Cansumee Re- parN for background information and the latest lest mp,rt To order, we map. below. --------------------- YtT P4me wnd me d" Pl Framon , Se-, ■ep.m 1'w.beded via brad•„ , mad km ousel, d.hwcr "-wo a, as lm,h. , r hna Rel•.,,1al.vaRh.ddoxxeRh.:mkd r ^.• ou"o, aad kindling M, .MII m m Jwrmdn n ewimd. I C rnY. TV•-hran.wmra w• xxMA:.a I ,waw,xn airy 10 0 n 1 -+rn..w1T'A'i 1, rt r.:..v..tew N.,,o r 1 O Ra.n-•Fax• Mn we....-•.p � r O LLw.a^_Pd .•P..w. I a VCa.wnm.a:wan. � LRI , r shut r.x,..Iws,.as ' r Nww ma�a,xx: 1 all. N — r r lice •v __._y r , ewar.x.e..xm,..x.am•w••...,.a. x. , nMn1Rat PaN Npna Rs alws ll,y,wa, is, anM ------- a L J 555 ��irv� �n'�eyt� �mpeae Technology, NBC's Wri& Says _cNBC ' need. u+"reclaim people Igy LM lelalMl who may be m aching w lem be. NEW YORK—Pboae comps- ' cous0mrmotherviewingahero. nies, cable opemmmo and broad- "k, time is pleasing them mom; Mr. Wright mid. Such a situation de - ondem in an effort protect their own monopnlies:'hawlnr velopedthis pm; summer,!read- peded the "welutclogiral pnm- mined, so viewers switched from ire" of fibemptics and direct network programs to other alter. bwdeast aatollitem. NBC presi- not iwu Uninspired programs dent .nd chief eemutiw officer and too mkoy repeat programs Ruben Wrighldedartd ladweels our not going W satiety today's in a .perch to an ldv—tionaI demanding viewvs:'he declared. Radioa'IFlevis;on Sudety lunch- The entire TV industry, Mr. Wright avid, now has "a kind of eon. Mr. Wright amid changes in regulatory policies may be neces, sary in order to "sere the public interest Cable "deregulation" may need to be revised, )wadded, if its effect is "w impede the audi- ence's arxv to programming, mther than enhane it:' Regulatory change. "ould help NBC in its previously toted gel of pursuing joint tentures buth with the p:...;--ution com- munity and with n7':- <levfsioo ime Multichannel New. Aug, 24, 1981, page 11. kbr rsmple. the network now has restrictions un financial arrangements with pngrsm producers and owner, ship of cable systems. During his speech, Mr. Wright emphasized the importsnce of quality prgn mni g in raptur sag vktwn, and sUsad tut tar iow industry .actions should work together toward, u gam. "1 m.fw t ABC and CBa as our principal competitors;' he noted. "but I am not pc .rupied with them. "H.-ing been irnohed in tele- vision a.. his TV operator. gmup touadcaser end network esnvliw, the old barrier and sabres ram t arrenw i mpe r ant m me:' Mr. Wright explained. "We axed w, much time and rm rgv arguug among ourselte..... A lot of it ujust the fallout Irh ,war from battles of the pad. --wee is m,we to be geinel Ito. espbring muttul fc..,bili- ticath, numeliagingnlold eni- nwwitiws"r. MWrightamtimsed. "Winning a oh,nArm sdv_- tege,rr..Witor- nb,dwr duough mTulm i,., legmlatw•n.. pA" A mann wrow -wdt m•M wry Ink a the lung run it ,w can's keel , su udkme. u, ,� 1 in.' desperate absorption in the but - tom line." resulting from such (ecwre m a fourth netwrk.rr�r inn amidst a "two -network ro.m- moy:' the inability m seam woc- lorg au wa in syndication. the uo- preadented number of station min. and the loilme of nme in- dependent stations. But any NBC n*ventures, he mid, most be aimed primarily at keeping and expanding audience, not at toping rants. Orw dm forjoim wntuss, Mr. Wright eleb rsted, is in the "sup` pkadidribuurr mistionship' fie mkt that both sides should work together to tome up with "imu, _mtiW cow finc t6ng armoge- msnls:' Mr. R'right also suggested in - ,concretes, w programming In this regard, he printed tc recent suggestion, by NBC Entertsin- meet president Brandon Tarti- koB that the networks should tuwroae eMwe In their am, lop,Z. I fund. should go toward "imte atitd' ides, n` pre•, should be handled dill,, enoy, uA do home vidm m.rkt dauld be ctih, d b. ,,Iwe ali, manner. Meeting To Examine Tednology's Impact On First Amendmen SAN DIEGO—The San Dwge C.I muniestL4u Council will sporwr a mnfIrmnee Nov. 1142 to ammine cam - _I'..,.t of rapidly ,:ungbtg w„ cthe Fur A ... endmant. The headline yseker b,r the loving uaro will he J. fla4un1 Ncum, ,haumsn art this!.1, ruti.r,4/inncl-Time lne.I:m- gw,it. ID -'VA . +scan sjm,b u. lht Federal Commmiealions Cnmmlmion; Edward Reilly, Are ptnidrm fo broadcasting at' M,Guw-Hill; Henry Gillen director of the Center for Policy Research in Washims-W. DC: ERimt Magw H,crecudvedirea- Inr for strategic planning for Pacific Telesis in San Francisco; and John Redpoth, general t»unrJ (a Hone Boa Office lne. "New technological ducov Pries ass blurring the [inn that formerly separated communim- tkme media and raising questions about how First Amendment protections will apply in the future," mid Terry Churchill, area vice president for Pacific Bell and rv-chew nl the con- f,,,nm �-] NCTA Asks Court Not To Review Ted►'Standards Ruling WASHINGTON—The Natierul Cable Television Admission uk ed the U.S. Supreme Court Ito week not W review a lower coon ruling here that mid the Federal Co+mmunir.tions Commission has the audwrity to regulate technical N6ndarde needed n+ retransmit television broadcast signal.. The appeal W review the March U.S. Coup of Appeal. deekion was made jointly by the cities of New York; Miami; W'hmwn, IL; and We National League of Cities. Tlwy charge that the FCC daw not have the aunhmfty to pre<mpt sale and Imp esgulstkm of technical Aan- d.rd. for cable y-wms. NC`rA mid the gable Art J IUR4gpives the mmmiwirm vo—r to eewbliah mch u•-hnical mom- dand.. ' VCR Penetrated Tops 50%, Nelsen Says ti 1. W loft K—V ides. a.rtte R -coders, arh,,ilg a status sill .4 rearhud by cable TV, topped h cetrent ducer.elukl;- ysskn m lair. am4diryl wedirutes n` kswvI by NWmen Sudim, Inks. ARN,,wh k'CR ruwth lest have .h.d d,wn in w month., de mediuor is sill lmwu inR st s much Ise raw thnua- Id,. WWI, VCR pr.wles". rn-, May to July kwnaswd fern 4'r . pwr."ml w W V p rn-,u. cable Nkkw tramn, meemvhiM dlamentmidle, penes. {+eRRed Foy cabk penetration at 27.4 p e,, anl in July, up from 26.R percent in May. fJ 'Hwk-Up GuW Far CablesWR Offered to MS05 IDS ANGELES--A video fi m. Necsfnski IS Associates Inc, is marketing w cable ey@W.o a video how-to guide W interfering cable and videcommente recorders. The video is designed to reduce the number of vir'b cable open- rmmuatechdoletodrbareiberi homm The Csbk/VCR Flock-L'j, Guide, to be known as H.U.G.. wen scheduled for dietributicn about Nw. 1, mid company prey ident .Stephen Naoiml i. The video's o rsom haw been Jr signed to conform with sr¢Res- tions made by multiple sywem. operatora ,g.rdut, the grrate:,t probkme faced by ennsumera when to irg w heck their VCRs up in cable �r stereo hardware Aeemding to the National Cable Televksion Association sts- ti.nm, Igo different hookup err - nubs arid. The H.L'.G, taps de- scribes interlaces between Iwenl different brands end types of macicnery. A ,olor bar marking is visible at the bottom of the screen and . -cferrroue card with the package hips mosnmera wen through the tap, u mil the me, hinery'hnare interested in .. featured. 'fur pro mid tiny !tope : auk a4npeofn wiC be ksereded in the package brraux it slkws+ W.,u ners u. k• -t!h-immrt g4M.ml it. In ..,I grid a,bwrhiwn and u. .. reprewetudives • mu: relic mm poiul when 6.Aur' Pmbkm call. sue made Pe,blem. an he wetted cent ,ner she wkphoew withnat s home visit. Me N.r- ain.ki mid. Neai.eki a A,.evstu said the II.I'.f:. kh win b, marketed at kre than gins to M 4 to kw caw mapa^^ish�widtimullatanc4 ter veil-thum.0 to adding .cab seine,. I r inanciai turmoil been Making Little Impact On Cable System Values fly 0.461s parrts0 DENVER—Th, price of cable systems might grow more slowly or even destine • bit, and some roles—nm.t notably that of Storer Cable —might be pm off in the wake of the stock market' crash of two weeks ago, sbosrd- ing to industryexperts mnsaeted last week. But they said the Ihunrial tue - mcil would not have any major impacton the market for systmu and mid prim for desirable systnn. would not .bap mi below 0:e 112.000-pr,-eub le, if,. Th, reasons In, this. ad agreed, are that interest rates aro sown and capita —outride of junk bonds—u mailable to the prudent buyer. "What his changed in the past three weeks," said Phil Hague, president of Denial. a Amo• ciswi w,,m anent servure divi- sion, "is not the interest ratet or the availability of capita, al- though lenders may be moms Cautious. But because nl the last values and multiplm have rfaeb on the basia nl optimism ovesihe fount, it wouldn't surprise was tc se s s moderstedaaeam ... ban not a major connection in prism. 1 Wink many people will Pauw ..1-dmlismsrginal,ftwfY tuff, - Sm. ar, mid Communida, too m Equity Awauta chairman J. Pawick Mwhmh, "look swo better, with I interns) rawadown; I'm ,ery bullish." Mr. Michael. mid he enti,>4 pasd the only deals "bm ostiam. ly affreW are the or 'ly [war one, .rlwndingonjur:a brad." which don't exist ^sew or aero nonpon hoods, which have be- . expenNve. Them are pill buyers, mid broken, m.nv : .hfanmldth" cowml.11,g. ,deaeosinislr- r-1 his sew.. druF m rite rya w.ek. VI, MO ... 1. mil h, heard Ines nulople+vmm•of,. rat, n. s,l r 6nvn't I..rght.,,am. 7, whit. prLnyarn Buse eh,!hq. swillfsll. JonesIntercable, .e Cable Corp.. Daniel. and (..omen Cable As.arime, all have money to .peed, obae�. vd J,hn Weller Ill. presiders, of Waller Capitol Corp., as do the biggest M.SOs. Bids au high m SI,1W per suit were received laalweek on a small or dwr+s- ssumpsrtybeing brok- - able investments Inc.. xidat Rohn Brown. e%disclose the hating. ypica 4 tl cavils from III -rx wW my, 'Sell me thing."' he he added. Waller Capital the we expecting bids on two prop. ' hi.. Water mid, a•^ r :bar, has been "every bit u higl •I of interest' on t,, before 0rt. 10 , hen do stair market dr,,pi,ed2. Irrrrnt fir mid the numbe + for th,,., bids an far apr w be ".cry Aggressive . Pat Thv r;.w a,' alaohop. ingI pr-mark, t-real, rah,,; no m m•hr -v. nr sir*nr bids, .ate laM „ems 'ilrw d••d. detour .I ., i„rIt Y.. IL,."I.". would, ! di - I -se. •.a. r. 6 d .(I Oct. P rod she sael .1, r...1 try too ,tat,+t LLL.or: th, pro r eaytom neap b 'Ili• I she mid, w..- R." on. ., nurthv:mite: ev"An 1. than 30,O0) eobrriMt. "Ilene ansaBer deal. o vnuk don haven'¢ born afferwd (by the marked," Me. Thompson mid. "ray weren t $2.000 a rub; fl•W) was high." Charles Glen, a Aver iat .1. saw on, deal fall span. with the buyer saying the hank tfu:v eelmoney scaum4nmrimoso ditim. and the bank saying ash,• &.1 was too acetrhed, mid broke ire president Charles Gre.- he dml has Ixen put b.cL Cher with a— other buyer. lbohalnnrd by allot Ilia. Unless we have areal run in bmemsu mew, or Fave a .trong necemo^• pdeswfll held where theY are m go a little lower." Many cab' observers are eagar•,reh, ebinneg^tia- tion , •.nounced prior to the crash ..., before speculating on loom system sales. All it would sake to get the -rule in& -try attractive again, L • I John G. Nilsonmalpt bi'.r Brown Bros. liminsan, "arc a couple good dealt." Contimoul Cableviaim Inc. officials matnuwed last week that tbab W.'a::"'Fere aline Un American CableaY-worn Corp' was status quo. In a filing with the Securities a Excha,.ge Cum - mission earlier. Continental disclosed it would buy what stock fee le allowed lup a Ill percent) of American on the open market. American was wading at 25-34) percent less than the offer prim for the first half of last week. "If(.mti,estsalas. Ainkswell 'tbe a ell and will pay 92,"X) 4 property, it will gfvr drought Ithe1 the market "sad Prom Burnham. I Apm brr.keragr tints. \L:m. IN..,: Corp. and '�.,rh A-',, ruse s-mmunfca- tirn.Grp .el.,,.Wh- •,meow .. w•Ii .t ter ,,r. i •dn,yt I lrr r \i-Ui , tL I n+v.n:mrtu:mt nor �hnw ' ^'1new n duntrr Fred Sr -al said the Storer nystrm.•-fvstNonthemarket. Ateogh most observers stud tiwy wean skeptical they ,mold ,,noon on the markn m vwa „r the d..lb pride and arnpe,f;yr the prra-cr..h Imm,, world Al., it b,r.mc rear last wink that th, burr it, what nsany nosidcred the must parntial- m informal r. "s noun, ol Commm'. •.,,oaa lm'- Anw,v In Tekvwn• a Cnooumcat.-c+ (ap.. C m'.st cup..,. I the hd der .ter con b g•, hwwsrd with . firm , Ile, TO vice president for exr- porate development Robert 1 ris said Sbrte fable owner Kohlberg Kravis a Robvw had expectstions too 1 . for a stock deal in which she buyers would get on tax benefits and would inh,rit debt that they couldn't wn ea8. Had Storer Iren.lfn,d es an asset deal, Mr. Lewis said, KKR may have "gotten the higlwr end of the spectrum" in peraob prices. Cox Enterprises last week was rr- ^ _d to be considering a bid v, in a move some +sod be a g000 fit for t a .,astern compact, ,lour dsrrvera doubted , a. closely held by the Co. fauily. would be able to reach term, with KKR_ Arothernperstawhnlim analiM the Starr book from Shears+u Paragon Communi. catiorss, sat 1 president Dsvd Ern Vdkenburg. (then mid KKR, now in e position to need cash, world sake Store-nf1 the market until m.r- ket mo ditions ante down and its i2,(K)0-a-sub price could 6r maursd. Ewes Corp.', smrk last week wm wading in the teens, off from the 12_3'L3 a sSere said yaa pro- jrrtsd Er would have attract- ed bolo, 'c market crash. Broker h Au,er declined to fmmtnens u., the deal, and F.mex prwlden, Paul Field would my of th.- negotiations I.m ongoing. ..• nalbnrkensaidtley unlikely au.* J. berm in the . toe crash would xuMt, f I ykwtrsystrmbm inapmser •he u:,N, raW rvrm p.mrs. CCA', %1,. Michael. saki three nosy be a lull in .yawm buys by these firms as+rrmr rsn maw ptr- ,hew tleir,rwn Nark er:t eorpsim .'uh. hr as low as {o:n spiel. But th- narMNes ate l mW by then, enders .s u. Maw made d the., own arxk do may,.wn, k mwd. and coon firm- arc raga to soqun,e raw , n.,tir s. h wasaYnv :•rut mamd the Grp. p obFr'ly held %"is that m., b, bu,mll bark teal h.,,dt been the wmew+. in W stem riw..r..,d tow anyway. q And "l.l'. %I,lewi. and his awgsm Im ,ample. ha+lo- h saw e,er.a, right a•w aril,.^ repo. ..- • k .. w,0 .. M fur., arrow .,.errs hen. sib Its kV4 I I V! ps ociarion of me�ropolitar, municipalities LET1N AMM "bGISLATIVE Mtr,Tiiiti ADOPT PULICY AND dUHNOb WITH MET AGENCIES HUNC605 DATE: Thursday, December 3. 1987 KIGKUFF: 5:30 e-M. LUCA'I'ION: Jax Cafe 1928 University Ave., a.E. 'Northeast' irlinneapolis DINNER OUST: $17.0U per person Nil 181987 SPUUSES, SIGNIfiCANT UTHzRS AND GUzSTS ANE MOST WLLCUMG! 5:30 P.M. 'lU 0:30 t:.0 P.M. to 7:3U 7:�v r.M. Attitude Adjustment hour Jax Delectable buffet Dinner Business Meeting (compliments of Piper, (assorted entrees including (policy Jaffray & Hcpwood) barbequed Hios, Southern Fried cunsideraLion) Chicken and many other delicacies) hESERVATIONS A MUST by ViNDAY, NUVGMbEH 3U'1 ct . For those pi.annir.6 � attend the dinner to Garoi Wiliiams - - - 227-40UO (Reservations not needed it' you attend business meeting portion only) SPECIA►. NOTE OF INTEREST: In addition to Adopting pu,icy, this meeting will provide a unique opportunity for meml.)er city officials to interact with and informaiiy discuss metro levei concerns with the Met•)politan Agency "Liiggies! We anticipate tnaL virtually ali of the chairs and Cnief Staff heads of the various metro agencies (Met i;ouncii, MAC, MWi,;6, RTb, etc.) will be present Lhroudhout the evening activities SLdrting with the social hour, . SLJ.' MAe AND MLEI'INU AGENDA ON HEVLHSE SIDE BUSINRSS Mr.r,i 1Nh AG61iuA 1. Call to order - 7:3U Y.M. 2. Roil call of cities. 3. Introduction of Guests and Announcements 4. Remarks by Steve Keefe, Chair, Metropolitan Gouncii. "Planning for the 21st. Century - - - Why It Must begin NUW!" 5. Report of the Special Committee on Legislative Accountability - - Larry Bakken 6. Consideration and Adoption of 1960 Legislative Policy addendum. 7. Other Business. $. Adjournment. MAP (not drawn to scale) W 1928 Uni S PLEASC N,',TL: L A. lnis notice naLi been mailed Lo Mayors, 1lesidnateu uelegates ano Managers/Administrators. Please distribute to otner officials as appropriate. Copies of the proposed policies were mailed to each city': Chief Administrative Official on Nuvember 13, for distribution. b. Gaen laity sh ouid send at ieasL one delegate to vote and are sLrondiy encouraged to send additional officials to participate in the discussion and to interact witn the leaders of the Agencies of Metropolitan Uovernance. Patrick J. Walsh 1390 Rest Point Road Orono, Mn. 55364 11/12/87 Mayor J. Grabek City of Orono P.O. Box 66 Crystal Bay, Mn. 55323 Dear Mayor Grabek, NOV 161987 UW - --- This letter is to inform you that my family and I feel the City of Orono has an outstanding Police force. Chief Kilbo, and all of the officers called upon, and particularly Officer Mark Moran did my family and myself a great service during our time of crisis. I can tell anyone with confidence that Orono is a safe and peaceful city, and truly a great place to live. Sincerely, i .t e Patrick J. Walsh cc: Chief Melvin Kilbo City Attorney •- Scott Richte' r I. Patrick J. Walsh 1390 Rest Point Road Orono, Mn. 55364 11/12/87 Chief of Police Melvin Kilbo P.O. Box 66 Crystal Bay, Mn. 55323 Dear Mief Kilbo, I would like to take this opportunity to extend my gratitude for the excellent service and support your staff provided to me and the members of my family during our time of crisis. Several officers were involved with insuring the safety and welfare of my wife and children. Although every officer that assisted us was excellent, officer Mark Moran did an especially outstanding, job. Officer hk)ran provided his excellent himon relations skills and for his help we are especially grateful. It is because of you and officers like Mark Moran that I can si, with confidence that Orono is a safe and peaceful place to live. Thank you Chief Kilbo and congratulations on your choice of employees. Sincerely, l-- � Patrick J. Walsh �-- P.S. Our problem has moved from our neighborhood and Orono. (Hopefully never to be heard from again). cc: Kivor J. Grabek City Attorney - Scott Richter To: To All City Employees From: John R. Gerhardson, Public Works Director uate: November 19, 1987 Subject: Update - Frank Mross During the afternoon of November 18, 1987, Frank Mross was transported by ambulance to Abbott -Northwestern hospital. Fie was experiencing pain in his chest and was having a difficult time breathing. The initial diagnosis is that Frank has suffered a stroke, has developed an internal infection and running a high fever. I will inform everybody of any change in his condition as soon as information is available. r p L Y'JN CATS 03J1C,!87 BATCH COS 38 05-117-23 21 0075 C';OP 0709 03780 DAYSIDE RD C,`,:R NAME HAZEL ANDERSON TA;.AVER HAZEL ANDfRSON 04AME/AODR 3780 DAYSIDE RD LCAIG LAVE MN 55356 55 05-117-23 22 0303 PRO! ADM 01830 BAYSIDE RO C.sR:R NAME A,-.12EW f MIt,CR ET AL TkKPAYER G-EGOPY A SSfDRA MIN;-'R >,At i ADCO 3830 BAYSIDE RD LM4 1.Ah.E M1 55350 33 OS-117-23 23 0002 F*OP ADD! C:21Ei NAME ANDPEW E MINER ET AL TAAFAFER A+t&,EW E MINEP NAM iADM 3:.10 BAYSIDE RD r LOtra LAY.E MH C53% 34 05-11--23 24 0101 PTto► Adw 03770 BAYSIDE RD OW" NAM S A C GARO'.t1ER TA "TER STEVE GAP0114ER NW,IADOR 377V PAYSIDE RD LO' 1, GAF E MN 55 `S6 HEtiNEPIN COUNT/ PROPERTY INFL ON SYSTEM PROPERTY OWNERS L:S- 38 OS-.17-23 21 001S 03750 BAYSIDE RC JOHN BURGER ETAL l� JOHN BURGER 375P BAYSIDE RD LM4G LAX MN 55356 38 05-117-23 22 0004 M G A 5 R FILBRAtiDT MICHAEL FILBRA.'IDT 1960 BAYSIDE RD W.PLE PLAIN MN 55359 38 OS-117-23 23 0003 03820 BAYSIDE RD AIMPEW E MI14EW ET AL Al;r9EW E MINER 3320 BAYSIDE RD LONG LAKE Y.`i 55356 38 05-117-23 24 0202 S A C GARDINER STEVE GA:.DINER 3770 BAYSIDE RD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 12 38 05-117-23 22 0002 03860 BAYSIDE RD AtZ)REW E MINER ETAL BREW E MINER 3-060 BAYSIDE RI) LONG LAKE MN 55356 38 05-117-23 22 0007 03%0 BAYSIDE RD M G A S R FILBPANDT MICHAEL FIL 3960 BAYSIDEE RD RD 2 MAPLE PLAIN MN 553.39 r n 38 05-117-23 23 0033 y :.� _—A.I; M G A 5 R FILBRANDT MICHAEL FILBRAt:DT 7, 3960 BAYSIDE RD MAPLE PLAIN MN 55359 y k TOTAL BATCH 005 G0'1l JJ I CERTIFY THAT THE FACTS REPRESEt"�D ARE AN ACCURATE AND TRUE PEPRESEtATATION OF INFORMATION AS IT APFE.'WS THIS LATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMEPT OF PROPE4' ?AXATIUK* TO THE BEST OF MY KFXIWLEDGE AtA) BELIEF. ; DATE �r J