Loading...
HomeMy WebLinkAbout12-14-1987 Council PacketAGENDA FOR CGONCIL MEETING SET FOR MONDAY, DECEMBER 14, 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 in the Public Packet which may be obtained upon request from "he Recorder. ROLL CALL 1. CONSENT AGENDA* 2. Police Recognition - Officers James English, c.nd Mark Moran APPROVAL OF MINUTE` * 3. Regular Meeting of November 23, 19R7 4. County 7,nad 15 - Financing Alternative; UECI i19j Morowczynski, Irving (Chip) PLANNING COMMISSION COMMENTS - Jeffrey Johnson Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. #643 Bruce Curtiss, 1920 Fagerness Point Road - Variance - Resolution 6. #1104 Greg Perl, 309 Westlake Street - Variance - Resolution * 7. #1199 Richard & Gay Kelly, 425 oxford Road - Variance - Denial Resolution 8. #1216 Clark Winslow, 1595 Bohn's Point Road, Amendment of Conditional Use Permit - Resolution 9. #1217 James Taylor, 1160 Tonkawa Road - Variance - Resolution 1(1. #1221 Eklof and Lee, 1965 Fagerness Point Road - Variance - Resolution 11. #1223 John A. Waldron, 1951 Concordia Street - Conditional Use Permit - Variance - Resolution 12. #1225 James Gilbert, 955 Tonkawa - Variance - Resolution 13. #1226 Winton Wold, 4650 North Shore Drive - Variance - Resolution 14. #1227 Patrick Middleton, 720 Tonkawa Road - Variance - Resolution 15. #1228 Walter Wittmer, 1420 Baldur Park Road - Variance - Resolution MAYOR'S REPORT CITY ADMINISTRATOR'S REPORT 16. Hazardous Building Proceeding - 100 Stubbs Bay Road -• Resolution 17. 1987/1988 Compensation Plan Adoption - Resolution 13. 1988 Fee :Schedule - Ordinance and Summary for Publication 19. Ordinance Amendment - Chapter 12 Relating to Fill Materials 20. 1988 License Approval - On and Off Sale Liquor/Set up/Club and On and Off Sale Non Intoxicating Liquor *11. Animal control Contract - Long Lake *22. 1988 Insurance Renewals *23. police Services Contract *24. Metro Waste/City of Orono - Let of Agreement *5. Part Time Police Off,cer Employmen•. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 14, 1987, 7:09 P.M. CITY ADMINISTRATOR'S REPORT Continued *26. Resolution of Recognition James Morowczynski Irving (Chip) English Mark Moran *27. 1987 Interfund Transfer and Loan Payments *28. Administrator's Information 200 Hollander Road 3536 Lyric Avenue 4635 Tonkaview Comprehnesive Plan i2 LMCD Executive Directorship 3405 Shoreline Drive Metro Goose Hurt Baker Park Deer Hunt Goal Setting Status CITY ATTORNEY'S REPORT LICENSES (29*) BILLS (30*) ADJOURNMENT MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD dQVERNV 23, 1987 ATTENDANCE 7:00 P.M. A The Orono Council met on the above date with the following members present: Mayor Grabak, Councilmember Peterson, Sime, Callahan, and Goetter.. The fc l.lowing represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Adminstrator Mabusth, 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 Councilmember Sime, seconder. by Councilmember Callahan, to approve the Consent Ar da as submitted. Motion, Ayes 5, Nays 0. ORONO HIGH SCHOOL FOOTBALL TEAM RESOLUTION OF CONGRATULATIONS #2313 Mayor Grabek read a Resolution of Congratulations recognizing the Orono Spartans Football Team, the Coach and staff of the Orono School District congratulating them for a successful 1987 season. WOODHILL AVENUE IMPROVEMENT PUBLIC HEARING 7:03-7:12 RESOLUTION #2299 City Recorder Peterson noted the Affidavit of Publication. City Administrator Bernhardson explained that approval of the Woodhill plat was contingent. upon upgradinc; Woodhill Avenue in order to handle the increase volume of traffic and emergency vehicle access. The original feasibility study done 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 City Engineer was done in advance of soil borings done on site. Because of the soil borings, it has been determined that additional expense would be entailed in the project and the City Engineer is recommending a revised Alternative II with some relocation of the road as Alternative I is no longer cost effective. Prior to the amended cost, staff negotiated with the developer, John McDowell, and Woodhill Country Club who agreed to pay 71>% of the total cost of the original feasibility study not to exceed $46,260. Staff recommends the City pick up 10% of the balances remaining (plus any expense over the original maximum of $61,686) and the abutting three property owners (David Lindstrom, 1315 Woodhill Avenue; Mark Fox, 1.130 Woodhill Avenue; and Jane McClaren, 190 Orono Orchard Road) bear the other 15% of the balance which would amount to S3,084 each. Staff MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 WOODBILL AVENUE IMPROVEMENT CONTINUED recommends approving the revised Alternative II for Woodhill Avenue street improvement as presented by the City Engineer 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. David Lindstrom did not feel the improvement of Woodhill Avenue would in any way benefit him. He noted that buffer brush and pine trees would be removed with the project. Jane McClaren agreed with Mr. Lindstrom and felt the upgrade would increase the traffic and she likes the road as is. Mark Fox stated he has been against the street improvement since the beginning. He stated the improvements will cause damage to shrubs and trees and create a traffic problem. He sees no benefit to him and two other property owners with the improvement. John McDowell stated he and Woodhill Country Club agreed to pick up a sizeable portion of the the improvement in order to .expedite the plat approval. He stated the original reason the Council wanted the street improvement was for :afety purposes i.e. emergency vehicle access. He felt his private road (Outlot A) takes care of this need. He noted there were other substandard roads in Orono that were in need of upgrade more than Woodhill Avenue. He does not feel a proven need for upgrading Woodhill Avenue is present and therefore not neccessary. Jane McClaren noted that woodhill Avenue as it exists is straight and open with clear sight distances that maintains safety. If anything, she felt the narrowness of the road slowed the traffic. There were no other comments from the public and the public hearing was closed. Councilmember Sime asked what the existing width of Woodhill Avenue is and what width is considered safe. He noted in driving the road today, he had to pull off onto the shoulder to allow a passing car by. Public Works Director Gerhardson stated Woodhill Avenue is currently 16' in driving surface width and 24' is considered a safe width. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVE14DER 23, 1.987 WOODHILL AVENUE IMPROVEMENT CONTINU-D It was moved by Mayor Grabek, seconded by Councilmember Sime, 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. Councilmember Callahan asked how much the revised Alternative II is expected to add to the cost. City Engineer Cook stated approximately 10% more but anticipate the project actually coming in lower to approximately $56,000 - $57,000. Councilmember Callahan felt the original feasibility study should not have been submitted unti 1 the actual soil borings done. Motion, Ayes 3, Nays 2. Councilmembers Goetten and Peterson voted nay. Councilmember Goetten stated she has seer: no true benefit to the abutting property owners and also objected to the City bearing any additional cost over the maximum amount stated. Councilmember Peterson also did not see a benefit to the property owners and objected to assessing them for the upgrade due to the impending subdivision. APPROVAL OF MINUTES* It was moved by ''ounci lmember S ime, seconded by Councilmember Callahan, to approve the Minutes of the November 9, =987 Council meeting as submitted. Motion. Ayes Nays 0. LAKE. MINNETONKt CONSERVATION DISTRICT REPORT Representative .10 El len Hurr was present for this matter. ComRrehensive Plan - The Plan has not yet been received back andhho�pefully-she will be able to report back to Council on this issue in January. Executive Director -Search-Status - She stated there shout be 2 or 3�piop`Te- presented to the board on December 9th for a vote. She did not know who the candidates would be. She stated she withdrew her interest in the position because cf suggested conflicts. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER k3, 1987 LMCD REPORT CONTINUED Mayor Grabek asked what kind of qualifications are being requested for this position. Ms. Hurr stated the ad asked for someone with background in plan `ng, fund raising and lobbying. She hopes that the pe. n chosen will have all those qualifications because _.11 of these qualifications are very important to the existince of the LMCD. She stated that she will be asking for the candidates profile resume and will be happy to get the Councils' input on the candidates. Mayor Grabek asked if she felt this was an unbiased approach to filling the position of a political decision? Ms. Hurr stated she could not comment on that until she knew the candidates. Mayor Grabek asked Ms. Hurr `o k,!?ep the Council updated on this issue because it is a very important position. For the record, Councilmember Sime stated he was disappointed that Ms. Hurr was not in consideration for the position feeling she would have been fantastic. Councilmember Goetten agreed. Ms. Hurr explained that it was based on legal opinion and had turnee into a political issue which was disappointing to tier but she did not wish to put the organization through any turmoil. Minnehaha Creek Watershed District Representative - Mayor Grabek asked about the status of the. -- recommendation that a LMCD representative serve on the MCWD. Ms. Hurr stated their recommendation was presented with no response from them. She noted that none of the Council recommendations for the position were chosen. Councilmember Goetten questioned why they would pick someone so closely afiliated with a marina. Ms. Hurr could not answer that que�Aion. She stated she is still fighting for representation from the LMCD. 1988Legislative Package---_ She stated that there has Teen_a genera 1 overa 1 1 approval of the package to be submitted. Council unanimously felt the LMCD should not have any authority over the land. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 LMCD REPORT CONTINUED N, . Hurr stated she would correct the package to reflect Council's opinion on tLis. She noted that Orono does a good job with protecting the 0-75' lakeshore area, however some cities do not. PUBLIC CONKENTS Sandy Rauschendorfer, 3895 Shoreline Drive, suggeste(' that the Council agendas be published in the paper prior to the meeting in order to give the public more opportunity for input on issues of concern to them. City Administrator Bernhardson stated that generally there is not enough lead time in finalizing the agenda to have it published. Councilmember Goetten noted that publication is made on all land use applications prior to the Planning Commission meeting. Mayor Grabek suggested t' at general issues with do f in.ite agenda dates may possibly be published prior to the Council meeting. City Administrator Bernhardson stated staff will work on this. ZUEING ADMINISTRATOR'S REPORT: #643 BRUCE CURTISS 1920 FAGERNESS POINT ROAD CONSIDERATION OF VARIANCE APPLICATION Bruce i Camille Curtiss were present for this matter. City Administrator Bernhardson explained that this application was tabled at the last meeting to provide the Council and applicants time for further review and consideration. He explained staff's recommendation to reconsider the Planning Commmission's recommendation to allow a 3-1/2' fence within the lakeshore protected area if the prime purpose is for the protection of the children. Staff presented a compromised sketch which would allow a 3-1/2' fence along the roadway, wetland area, and shoreline with plantings allowed to provide e,dditiona 1 privacy (plantings not to exceed 3-1/2' in height within the view protection area as noted on the sketch). Camille Curtiss felt that staff's proposal was extremely restrictive, did not meet their need of privacy and child protections, and consisted of three times the fencing compared to what currently exists. They felt fencinq was not needed along the wet lands because the wetlands serve as a natural barrier which the children will not go beyond. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 198*1 #643 CURTISS CONTINUED Mayor Grabek felt child security precedent. allowing a 6' fence for privacy and reasons would be setting a major Camille Curtiss submitted example photos of ma,�y 6' fences in Orono. Bruce Curtiss felt their property was unique because they do not have a front or back yard, they have only one side yard area useable for a family recreation area which is not visible from the house to supervise children. They did not feel a 3-1/2' fence was adequate to protect the children. Mayor Grabek stated he understood their concern for the safety of children however, it was not justification as the sole reason for needing the 6' fence. Bruce Curtiss noted that the proposed gate would be unlocked only for access of boat and trailer. It was moved by Mayor Grabek to allow a 3-1/2' fence as proposed by staff subject to angling the fence on the south side out of the view protection area. Noting his reasoning was that allowing a 6' fence will set a precedent and other requests for a 6' fence will be made. Councilmember Sime seconded the motion. Bruce Curtiss noted the concept of variance procedure to view each particular case as a separate issue which he did not feel many other properties in Orono would have the same problems as theirs. Councilmember Callahan stated he was in favor of an alternative at the last meeting and would not vote to approve staff recommendat::on feeling there was too much encroachment into the lakeshore area. Vicki Slavik, 1913 Fagerness Point Road, neighbor across the road, stated she was in favor of the 6' fence due to the hazards of traffic on Fagerness Point Road and agreed that a 3-1 /2' fence did not of f ect i,.e l y provide security for the children. Motion, Ryes 2, Nays 3. Councilmembers Goetten, Peterson, and Callahan voted nay. Motion failq. Councilmember Goetten noted her concern for children playing safely in an area where they cannot be supervised from the house. She was also concerned with a 6' t en(e obstructing the v ! ew from the street and was 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 i643 CURTISS CONTINUED not in favc of allowing a 6' fence within the 0-75' setback area. She suggested allowing the 6' fence in any area not located with'_n the right-of-way or the n- 75' lakeshore setback, angled for adequate sight distance, with _ antings to serve for the additional privacy needed within the n-75' area. In addition, allowir,; a secured access gate. It- was noted there was a discrepancy in the actual wetland/lake boundaries. It was moved by Councilmember Goetten to allow a 6' fence out of the 0-75' setback, right-of-way, and designated view area with plantings allowed for additional privacy, and directed staff to verify the wetland area. Councilmember Callahan noted that to comply with constructing a fence out of the 0-75' setback and right- of-way, there would be a gap in the fence, ThPre was no second to the motion. Councilmember Goe -ten withdrew her motion.. It eas moved by Councilmember Petersen to allow a 6' fence along the roadway to the wetland area, angled for view protection, including the secured gate., and allowing -1/2' plantings within the designated view protection area. Councilmember Callahan seconded the motion. Mayor Grabek asked what the hardship is to just if the motion proposes:? Councilmembers Peterson and Caliarnan resF-�nded protect the children. Motion, Ayes 2, Nays 3. Mayor Grabek and Councilmemb.!rs Goetten and Sime voted nay. Motion failed. It was moved by Councilmember Goetten, seconded 1)y Councilmember Sime, to al Iow a 3-1/2' fence aIonq the roadway to the wetland area with suitable plantings and including the secured gate. Bruce Curtiss noted that the plantings needed would be cost prohibitive and that the 3-1/2' fence does not provide the privacy needed. Motion, Ayes 4, Nays 1. Councilmember Peterson voted nay btating she was in favor of al lowinq the 6 fence. Motion carried. I MINUTES OF THE REGULAR ORONO COUNC;,L MEETING HELD NOVEMBER 23, 1987 i1104 GREG PERL 309 WESTLAKE STREET VARIANCE RESOLUTION Gregg & Bette Perl were present for this matter. City Administrator Bernhardson explained the request for rear and side setback variances and height variance to construct an addition to existing residence. Planning Commission recommended approval per staff recommendations. Regarding the sta,.us of the existing seotir system, Assistant Zoning Administrator Gaffron explained staff recommendation that applicant be required to complete interim repairs on the septic system no later than July 1, 1988, with due consideration given to flexibility in that date depending on the status of the Stubbs Ray Sewer Project. Gaffron also noted that app cant has agreed to the attachment of the house to the Garage what exists which would eliminate the need for a Uuilding-to- buildinq setback. Lee Harren, 3895 Bayr;de Road, stated that the applicant has been operating landscaping business from their property for the last three yearb and has cotrplained to the City several times. His complaints consist of diesel fumes, heavy equipment kept on the property, repair work done in the garage late into the night and weekends, and also disturbing the peace by applicants conflicts with his own employees. Mr. Harren is opposed to the project on the basis that he is not in compliance with the ordinance regardinq operation of a business on the property. Staff recalled for the Council the Mr. Per! applied f(-r a Home Occupation permit this pas, summer , i.)ut Counc i ' felt a Home Occupation per- was not necessary based --r, the fact that Mr. Perl ed his entire business operation would be moving new location in Pl%,mout'... Mr. Harren start^d this was not tt:e case. Gicl,q Ptrl stated all his equipment has be^n moves' to Plymouth. Bette Perl stated that they have nad a truck hauling firewood in for their residential use. She stated they have a building in Plymouth which is tieing used for their business. She also stated their has been some equipment on the property being ucscl to put in footlrgs around the garage whirh wnr require' =v the City. H MINUTES OF THE REGULAR ORONO #1104 PERL CONTINUED Mayor Grabek pending signed Councilmember this based on in the near convinced. #1107 LEWIS/TRETTEL 475 LINDEN AVENUE VARIANCE RESOLUTION #2300 COUNCIL 14EETING HELD NOVEMBER 23, 1987 felt this application should be tabled affidavits by the neighbors. Sime stated he was not anxious to approve the assumption that sewer wi 11 be put in future, of which he is not entirely It was moved by Mayor Grabek, seconded by Councilmember Sime, to table this application pending staff review regarding the complaints. Motion, Ayes 5, Nays 0. City Administrator £_nh dson explained the request for a lot area variance for construction of a residence. Planning Commission recommended approval per staff recommendation subject to improvements on the property not adversely affecting the drainage pattern in the neighborhood Kathleen Trettel was present for this matter and stated they are requesting renewal of a lot area variance that was granted previous to their purchase of the property and felt that a properly built house should not affect the drainage in the neighborhood. Councilmember Callahan stated he was concerned with the City's responsibility to supervise the drainage if problems arise. Engineer Cook stated that drainage plans would have to be submitted and approved prior to issuance of the building permit. In this particular case, upon site inspection of the property they felt there would be some added run-off if a house was constructed, but felt it could be controlleu by some work being done around the outlet of the existing pipe. Mayor Grabek asked City Attorney Blatz about the City's liability if drainage problems arise. City Attorney Blatz stated that based on the facts in this application with reasonable conditions and legislative procedures she did not feel the City was exposing themselves to liability for any accumulative neighborhood drainage problems. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1,987 11107 LEWIS/TRETTEL CONTINUED It was moved by Mayor Grabek, secon(..-�d by Counci lmember Goetten, to adopt Resolution #2300 approving the renewal of lot area variance to construct a residence pc:r staff recommendation. Motion, Ayes 5, Nays 0. Applicant was advised that variance approval is valid for one year only. #1171 LANDMARK ""ONSTRUCTION INC. 3820/3830 BAYSIDE ROAD PRELIMINARY SUBDIVISION RESOLUTION #2301 Paul Swanson, President of Landmark Construction, Inc. and Peg Swanson were present for this matter. Mayor Grabek excused himself from the Council f )r this application due to personal dealinqs with the applicant. He deferred to Councilmember Callahan as Acting Mayor. Acting Mayor Call"han explained the request for preliminary subdivision approval to create one new building site within the RR-lA zone. Paul Swanson stated he was agreeable with the staff and Planning Commission recorr,mendation except with regard to the riparian lots. He would like to have a maximum of 4 slips to serve 3 lots instead of the recommended maximum of 4 slips to serve 2 lots. Steve Gardiner, 3770 Dayside Road, showed an enlargement of the property noting that the proposed new road and cul-de-sac will completely enclose his property resulting in a loss of privacy and decreased property value. He noted concern with losing a mature 1-asswoo9 tree by construction of the road. He requester' that the actual roadway surface be as far array from his property as possible. Paul Swanson explained where he proposes to construct the roadway surface which will most likely be as far away from the Gardiner and Anderson property as possible in order to save as many trees as possible. He noted that the basswood tr-,7 is a City tree and will not be disturbed. Steve Gardiner noted that a portion of the Lofgren residence intrudes on the riparian lot. Paul Swanson stated he was aware of the fact that a small portion of the Lofgren's concrete step is on the riparian lot and finds no problem with this. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 11171 LANDMARK CONSTRUCTION CONTINUED Mary Lou Swenson, speaking on behalf of her mother, Hazel Anderson of 3780 Bayside Road, stated that her mother's house is approximately 15' from the lot line and is concerned with traffic so close to the house. She noted concern with their plans to possibly build a new house on their property. Paul Swanson explained that the roadway surface will be approximately 13' from the lot line Zoning Administrator Mabusth noted that current house setbacks for the Anderson property would be 30' from the side lot line. Paul Swanson noted that the new rr.•d will be cutting off the existing easement thus eliminating the existing traffic next to the Gardiner and Anderson property. Acting Mayor Callahan noted a letter from Candace & Jerry Rowlette of 3775 Bayside Road noting their concern with the road placement and use of the riparian lot. Because they would be out of town for this meeting, they asked Council to table action on this application so they could participate in the process, however, if Council did not table action they would appreciate consideration of their concerns as outlined in their letter. Councilmembers Goetten and Peterson felt the application should be tabled as requested by the Rowlette's. Councilmember Sime felt the application should not be tabled if it costs the applicant valuable time and expense and considering that the Rowlette's have expressed their concerns in the letter. Paul Swanson stated that it was late in the year and he had hoped to get the road in this year so it can settle over the winter. Councilmember Goetten had concerns with the riparian access and asked staff aLout the status of the Greentree's riparian outlot wnd its relevance to this situation. Zoning Administrator Mabusth explained that Council used a formula using the total lineage of shoreline which created 3 outlots based on the fact that there was total lineal footage to satisfy 6 lots in a 200' width zone. In this case there was also an existing road and trees. This same formula was used for Planning Commission's consideration o" the riparian use of the outlot. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1171 LANDMARK CONSTRUCTION CONTINUED It was moved by Councilmember Sime, seconded by Councilmember Goetten, to approve the preliminary subdivision per Planning Commission and staff recommendation including riparian use of outlot to be limited to 2 lots served by a single shared dock (4 slips). Acting Mayor Callahan stated he favored riparian use of the outlot limited to 1 lot (preferably Lot 3) because he felt the inlet should not be included in Lakeshore footage, and felt the 2 rear lots were a considerable distance away from the outlot. Councilmember Goetten noted that there are many instances where the inlets are included in the lakeshore footage that allow shared dockage rights. Motion, Ayes 2, Nays Acting Mayor Callahan and Councilmember Peterson voted nay. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to approve the preliminary subdivision subject to riparian use of outlot limited to Lot 3 only. Peg Swanson stated that if riparian rights were used by one lot the LMCD would allow up to 8 slips. They propose a homeowners agreement to restrict outlot to four slips in a shared situation. City Administrator Bernhardson stated he understood the LMCD was now using a formula based on water availability units which was 1 slip per 50' of lakeshore not to exceed 4 slips for a residential lot. In light of this information, Acting Mayor Callahan and Councilmember Peterson withdrew their motion and indicated favor of the first motion. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution 12301 approving the preliminary subdivision per Planning Commission anc staff recommendation including riparian use of outlot to be limited to 2 lots served by a single shared dock (4 slips). Motion. Ayes 4, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMRt:n 23, 1987 #1187 NORTH ARM ESTATES ASSOCIATION AND VICTORIA ESTATES ASSOCIATION CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2302 Rod Backerud was present on behalf of this application. City Administrator Bernhardson explained the request to dredge the North Arm Char,ne 1 to allow access on the channel which has been silting up over the years. Two berm areas will be created using the spoils frDm the suction dredging. The City Engineer has reviewed the proposal. Staff recommends amending the drafted resolution requiring all the affected property owners signing a discla;,;,cr putting them on notice this project may affect the buildability of their lets and/or subdividability of their lots because the project involves major land alteration within certain properties. Zoning Administrator Mabusth read the proposed statement of disclaimer. Alice Fowler, a prospective buyer of 350 North Arm Lane, voiced concern with the berms possibly placing limitaticns nn construction and dividabilty of the property. -L also asked about any documentation assuring accese to the channel. Mayor Grabek did not feel such a document would exist. City Attorney Blatz noted that the case law states that riparian lots have a right to access. City Administrator Bernhardson noted that the project cannot go into effect until all the property owners sign the resolution of approval and disclaimer. Rod Backerud noted that the DNR and MCWD have given permission to dredge. Regarding the time table for this project, City Engineer Cook recommended a change from May 15 to October 1, 1988 as the deadline. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2362 approving the conditional use permit amending the deadline date tc October 1, 1988 and subject to all property owners signing the resolution. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1203 LEHMEYER/MADDEN 320/350 CRESTVIEW AVENUE SUBDIVISION OF A LOT LINE REARRANGEMENT RESOLUTION #2303 Rose Madden was present for this matter. City Administrator Bernhardson explained the request to change a lot line boundary between 320 and 350 Crestview Avenue. Planning Commission recommended approval. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2303 approving a metes and bounds subdivision of a lot line rearrangement. Motion, Ayes 5, Nays 0. #1209 TINA WHITE 2150 PROSPECT AVENUE VARIANCE RRSOLUTION #2304 Tin: White was present for this matter. City Administrator Bernhardson explained the request to reI-,l'-ice an existing dilapidated porch with a slightly large solarium room that will further encroach the side setback by 4'. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2304 approving the variance as proposed. Motion, Ayes 5, Nays 0. #1211 GERALD NESLUND 1225 CRONO OAKS DRIVE CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2305 Leo Hamilton was present representing Gerald Neslund. City Administrator Bernhardson explained the request to construct a driveway through a designated wetland to serve a vacant lot. He reviewed the most direct route recommended by the staff and City Engineer. Councilmember Goetten noted concern with the wetland expanding further causing an impact on the driveway. Assistant Zoning Administrator Gaffron stated he felt the driveway would be built in consideration of the expanding wetland. Mr. Hamilton and City Engineer Cook verified this. 14 MINUTES OF #1211 NESLUND THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 CONTINUED It was moved by Coun, imember Sime, seconded by Councilmember Goett.r., to adopt Resolution #2305 approving the request per staff recommendation and subject to the condition that the culvert underneath the driveway shall be 24 i;i--hes in dit -ter. Motion, Ayes 5, Nays 0. #121.5 SMITH BAY MARINA 1955 SHORELINE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2306 Vern Larsen was present representing Mr. Toherman, owner of Smith Bay Marina. City Administrator Bernhardson explained the request for a variance and conditional use permit to construct a seawall. The seawall consists of a non -galvanized material. A photo of a similar seawall was shown. Zoning Administrator Mabusth noted an additional condition staff is recommending be incorporated into the drafted resolution stating "in no case shall the installation of a seawall result in any reclaimation of land areas below the 929.4 elevation but shall be placed at the normal shoreline elevation as shown on Exhibit P entitled 'Site Plan Locating Retaining Wall'. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2306 approving the seawall as proposed including the above stated condition. Motion, Ayes 5, Nays 0. 11219 ORONO COMMUITY CHURCH 770 OLD CRYSTAL BAY ROAD AFTER -THE -PACT CONDITIONAL 11SE PERMIT RESOLUTION #2307 A representative from the Orono Community Church was present for this matter. City Administrator Bernhardson expla' the request for an after -the -fact conditional ut dcrmit for the operation of the Busy Beaver Day Care .'enter within the Orono Community Church. Council conceptually approved the request at their October 26th meeting, and Planning Commission recommended approval at at their November 16t.h meeting. It was moved by Councilmember Callahan, seconded Ly Councilmember Peterson, to adopt Resolution #2307 approving the after -the -fact conditional use permit. Motion, Ayes 5, Nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1224 MINNETONKA BOAT WORKS 1449 SHORELINE DRIVE AFTER -THE -FACT CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2308 A representative of Minnetonka Boat Works was present for this matter. City Administrator Bernhardson explained the request for an after -tire -fact conditional use permit and variance for upgradLng and expansion of the boat lift. Council conceptually approved the request at their October 26th meeting, and Planning Commission recommended approval at at their November 16th meeting. It was moved by Councilmemter Sime, seconded by Councilmember Goetten, to adopt Resolution #2308 approving the after -the -fact conditional use permit and variance as proposed. Motion, Ayes 5, Nays 0. #1220 ROBERT KOEHNEN 537 HANLON AVENUE VARIANCE RESOLUTION #2309 City Admir.iEtrator Bernhardson asked to have this application adder to the agenda for Council action baseO on a verbal commitment. by staff that this item would be brought directly to Council after the Planning Commission meeting which staff had overlooked and was brought to their attention by Councilmember Goetten. City Administrator Bernhardson explained the request for a front setback variance to construct a 16'x 24' room addition extending the front line of the house which has a substandard :setback. Planning Commission recommended approval. Applicant was not present for this matter. Councilmember Goetten stated that applicant was very concerned about getting the addition started before winter set in. She told applicant that Council would consider the application at this meeting. She asked Council to consider this application in applicant's absence. Staff noted that there was no opposition from the public at the Planning Commission public hearing meeting. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution 12309 granting the variance to construct the room addition as proposed. Motion, Ayes 5, Nays 0. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 MAYOR'S REPORT: Mayor Grabek asked about the impact of the type of fill being used in the berm at 4220 Sixth Avenue North. it was his understanding the the berm would be created using fill from the 394 project which has not yet begun. He asked if they are allowed to use concrete in the fill? City Administrator Bernhardson stated that the property owner was requested to remove some of the concrete being used. However, he noted that the resolutions did not specifically state "clean" fill, which staff will specify from this point on in resolution regarding fill. Mayor Grabek asked if there would be a problem with using concrete in the berm. City Engineer Cook stated the problem would be large slabs of concrete creating a potential for rodents. CITY ADKTHISTRATOR'S REPORT: FIW.,L PLANS/FINANCING ALTERNATIVES - COUNTY 15 City Administrator Bernha-dson introduced Ted Hoffman and Al Herzog from Hennepin County wh7 will be presenting final plans for upgrading County t;uad 15. He reviewed the types of financing for consideration. Staff recommendb that Council review and approve the final plans and table the financing issues after discussion for a recommendation and preliminary action until the December 14th Council meeting. Ted Hoffman explained that this project started in October 1984 and that the final plan is in acc,rdance with the preliminary plan approved in 1984. The project would dictate 160 working day which is more than one construct?.on season, therefore, they have put in a special provision for 120 working days thereby involving some 12 hour clays. Spring Park has approved the project. Ed Layman asked how they propose pedestrians to cross County 15? Mr. Hoffman stated that there is a stoplight at County 15 6 19 for a safe crossing area, however, crosswalks are not a part of this plan. Public Works Director Gerhardson explained the procedure for designating crosswalks whereas the City requests the areas for the desired crosswalks, the County provides the signs and the City pays for the striping of the crosswalk. Currently, there is one designated crosswalk in Navarre. 17 MINUTES OF THE REGULAR URONO COUNCIL MEETING HELD NOVEMBER 23, 1987 COUNTY 15 FINAL PLANS CONTINUED Wayne Storlien, owner of. the Delo Barber Shop, voiced concerns with the elimination of the curbside parking and would like to plan to extend the curbside parking beyond the business district buildings. Public Works Director Gerhardson stated he is reviewing this noting that there is a right-of-way problem involved. John Lenox, owner of the Delo Barber Shop buildings, noted there is an hazardous condition involving the apron and easement where there is a potential for vehicles to collide with the actual building. He also asked if the City could designate Park & Ride parking spaces in the municipal lot because the majority of the parking stalls closest to the businesses are being used by Park & Ride cars (approximately 25-30 cars parked f rom 6 AM to 6 PM). Al Herzog stated they could adjust the roadway somewhat to eliminate the hazard. Regarding the Municipal Parking lot, Mayor Grabek felt the City should reaccess that parking area. Carol rage asked if the speed limit would be decreased on County 15? Al Herzog stated that the speed limit wi11 be set by the Highway Dept., however, the road is designed for 35 mph speed limit. Sandy & Joe Rauschendorfer, 3895 Shoreline Drive, noted that t,iat plan allocates a 20' driveway entrance as opposed to 38' that currently exists. They feel they need at least 36' in order to accomodate more than two cars. She stated that they currently have a rivacy fence to buffer the noise and pollution from t road, will this fence be replaced? A] Herzog stated that they would be compensated and fence replaced. fie did not feel they could accommodate a 36' driveway entrance. He believed the existinq driveway entrance was only 30'. He state) they would review this situation. Cort McFarland, manager of the D'Vinri's building, asked how long the sidewalk construction would take and what would be provided in the interim for shoppers? 18 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 COUNTY 15 FINAL PLANS CONTINUED Al Herzog stated it could take as little as 5 days weather permitting. He noted that the contractor has to provide some type of walking area (i.e. pallets) during the sidewal►: construction. David Bye, 3496 Shoreline Drive, noted concern with the snow removal in the Navarre area. Public Works Director Gerhardson stated the City can schedule more frequent removal of the snow piled in that area. Lowell Zitzloff, 3501 Shoreline Drive, was concerned that the sidewalks would encourage children alongside this road and their safety. Karen Pederson, 2413 Carman Street (across from Lowell's Auto Parts), noted that there has been many rear -end collisions at that intersection and felt that with the sidewalk taking up extra roadway will create even more collisions. Al Herzog stated that even with the sidewalks, there will be more roadway than exists. Larry Sohns, 3770 Shoreline Drive, stated that the people did not need or want to pay for a sidewalk. Commeats were made from the audience that the sidewalks were a community improvement and the entire community should pay for the improvement. Joe Rauschendorfer asked about the impact of drainage from the upgraded road and the location of mailboxes. Al Herzog stated that the drainage will remain on the street and the mailboxes will be boxed out. Mary Butler suggested that the entire Navarre water district be assessed for the improvements because they wi 1 l be the prime users of the sidewalk. Mayor Grabek Celt that was a good point and believed that the assessment could be worked out fairly. Lowell Zitzloff felt crosswalks should be considered further. Mayor Grabek agrees'.. Liza Crear, 3701 Shoreline Drive, submitted a petition from abutting property owners whc are against the sidewalk and/or paying for it. She noted concern for 1 '1 MINUTES OF THE REGULAR ORONO COUNCIL MEETINv +,.D NOVEMBER 23, 1987 COUNTY 15 FINAL PLANS CONTINUED safety of children on the sidewalk and their liabilities. She is also concerned with the added expense of sidewalk snow removal and losing landscaping and parking area at her Casco Run Office building. 1988 FEE SCHEDULE Mayor Grabek noted that the City is reviewing the possibility of maintaining the sidewalk snow removal. There were no further comments from the public. It was moved by Mayor Grabek, seconded by Councilmember Sime, to accept the final project plans as presented contingent upon review of the agreement by the City Attorney; and table the preliminary financing plan until the December 14, 1987 Council meeting. Motion, Ayes S,Nays 0. Council requested a copy of the 1987 Fee Schedule for comparison to the proposed 1988 Fee Schedule. It was moved by Councilmember Sime, seconded by Councilmember Callahan, that Council acknowledge receipt of proposed 1988 Fee Schedule and table until December 14, 1987 the final approval of 1988 Fee Schedule Ordinance together with the summary ordinance for publication. Motion, Ayes 5, Nays 0. TAX FORFEITED PROPERTIES* RESOLUTIONS i2310 AND #2311 It was roved by Councilmember Sime, seconded by Councilmember Callahan, that the Council adopt Resolutions I2310 and #�'311 regarding parcels of tax forfeited properties together with directing staff to explore the park usage u these properties. Motion, Ayes 5, Nays 0. 1988 ANIMAL CONTROL CONTRACTS* It was moved by Councilmember Sime, seconded by rouncilmember Callahan, that the City of Orono agrees to enter into contracts with the cities of Spring Park and F:_nnetonka Beach for animal control services for 1988. !got ion, Ayes 5, Nays 0. UNCOLLECTED N.S.F. '::CwS AND CHARGE SALES - 1986-1987* RIWOLUTION #2312 -as moved by Counci lmember Sime, t o nded by �L,: i lmember. Callahan, to adopt Resol.....on 12312 larinq certain N.S.F. checks and charges llectable and removing them from the City accounts �tive october 31, 1987. Motion, Ayes 5, Nays 0. 20 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 FINAL LIQUOR STORE CLOSE OUT REPORT* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the close out of Liquor Operating Fund and transfer of cash and interest receivable balances to the General Fund effective October 31, 1987, in the amount of. $153,904.03. Motion, Ayes 5, Nays 0. COMMENDATION - ORONO HIGH SCHOOL FOOTBALL TEAM* RESOLUTION #2313 It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the City Council of the City of Orono adopt Resolution #2313 of Congratulations commending the Orono High School Football Team for their excellent 1987 season. Motion, Ayes 5, Nays 0. 1968 HEALTH INSURANCE* It was moved by Councilmember Sime, seconded by Councilmember Callahan, 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 1988 and explore the joint and individual options for health care coverage for 1989. Motion, Ayes 5, Nays 0. 1988 STRATEGIC OBJECTIVES* It was moved by Councilmember Sime, seconded by Councilmember Callahan, the Council acknowledges receipt of 1988 Strategic Short Tern Objectives. Motion, Ayes 5, :'days 0. CANCELLATION - DECEMBER 28, 1987 COUNCIL MEETING SST COUNCIL WORK SESSION - WEEK OF DECEMBER 7, 1987 It was moved by Mayor Grabek, seconded by Councilmember Sime, to establish a work session on December 7, 1987 at 5:30 P.M. to discuss comparable worth and space consultant progress. The Council additionally authorizes the City Treasurer to disburse City funds in payment of claims received for the December 2bth Council meeting, which has been cancelled, and that Such paid claims are to be presented at the January ,1, 1988 regular Council meeting for formal approval. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to accept City Administrator Bernhardson's Information Report regarding: 2 C 0 Hollander Read, 1160 North Arm Road, 3536 Lyric Avenue, 4635 Tonkaview, and Space Consultant Status. Motion, Ayes 5, Nays 0. 21 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23e 1987 CITY ATTORNEV S REPORT: City Attorney Blatz had no report. LICENSES• It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the following licenses: Solicitor's License - Discount Flowers Septic System Installer - Northern Plumbing 6 Htg. Residential Kennel License - Frank Yusup, 2200 French Creek Circle Motion, Ages 5, Nays 0. BILLS It was moved by Counciimember Sime, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 10:55 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Sime, to adjourn the regular Council Meeting at 10:55 P.M. Motion, Ayes 5, Nays 0. ATTEST Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 12987.8 L r I_' i ',atlZ TO: Mayor and City Council UH�u FROM: Mark Bernhardson, City Administrato`� DATE: December 9, 1987 SUBJECT: County Road 15 - Financing Alternatives Attachment A. Municipal State Aid Street Capital Improvemen Plan B. County Road 15 Memo Dated 11/17/87 (without attachments) C. County Road 15 Costs D. Zoning/Plat Map - Navarre E. Petitions ISSUES 1.�initial direction to staff regarding financing of project as it relates to types of funding to be utiIizied and approximate amounts for each type. 2. Adoption of agreement with Hennepin County. INTR_ODUCTI_ON - At the November 23, 1987 Council meeting approval was given to the final plans for the construction of County Road 15. It was indicated at that time that staff would be bringing back further recommendations as to the financing. In addition the Attorney has been reviewing the agreement that had been received just prior to the last muting. DISCUSSION - A. Apportionment of cosi_.s - The original allocation of costs did not prorate the design and construction management costs to the individual construction items. This allocation does not change the total but does change theallocation among the three suggested financing types 11/28/87 Memo City/MSA Funding 248,000 Special Assessments 108,n0n Storm Sewer Dist 72,000 49,;1©0 12/10/ 87 Proposed Allocation 218,000 126,000 1.) 84,000 4 2 A 0 j 0 0 1.) The reason the per foot cost -lid not go up is inclusion of front footage around the corners at 19 and 15 where work is done. B. Municipal State Aid Streets - Upon staff request the City Engineer has developed an initial draft(s) of the capital budget for the City's Municipal State Aid system roads. As noted in the diagram attached to the program that the City is served in a grid system of "major" streets and arterials. This is composed of a State Highway, County roads and MSA streets. The streets on the system have been the result of previous C,)uncil's actions and MSA program criteria. The dollar figure placed on each project in Attachment A and B is based on rough construction estimates. The plan is presented to indicate needs and funding sources. Projects proposed for certain years are not recommendations brit are used to illustrate how such a plan would worK. (As part of its overall goal in the transportation area (1988 Strat,-iic Planning Goal A7) staff will, present for Coun�i 1 cons iderat'c►n during the next four months a more refined capital plan based on priorities, needs, and expectations.) Any "adopted" i,i,^n would be annually updated as to costs/priorities etc. B., -.ily on the MSA street system the City has over the next se years needs of approximately $5.4 million with approri., :1y $1.8 million available to it in the form of funds fr :).n the! State. Should the City choose to undertake a substantial amount of these projects the City will need to use its General Tax Funding together with assessments, developers agreements and other sources to make up the difference. While all these upgrades do not need to be done in the next 10 years, zhe earlier the reconstruction work is done the less problem there will be for any attendant right-of-way acquisition. It is also anticipated that the relative cost of construction will be lower today than in the future. This layout of needs does not take into account reeds that the City has for other City streets not on the M£A system that may need upgrades. Neither does it relate to needs on private, County or State roads the City may eventually take over. It is anticipated that private and County roads that may in the future come to the City would be at the standard- o which the City would be build its streets. It th ire should not necessita'e a substantial reconstruction amc This may not be the case with City streets not on the MSA syse� c. To the extent that they are not on a system however, they generally will not have the heavier traffic use that would be expected on MSA roads. C. ISSUE * FINANCING I. MSA/Gene'ra1 Fund Financing - Az noted above there are subs tanEfar nee3s in fTle community for the MSA funding apart from utilization of it in conjunction with County Road 15. The most immediate items would relate to the two hridges over Willow and old Crystal Bay together with work on .9atr,rtown Road. Tt is anticipated that most of the upgrading work on the streets would bring these roads to a 16 fo(-t wi•.lth which would prrvi.ie minimum 32 foot width p(�rmitted by MSA funlinc) togothor with a four foot 2 bike path for utilization with the overall community transportation system. Currently most of these roads are at a 2. to 24 foot width. Actual design decisions would be made at the time specifications for each project were developed. Should the City choose to use the 11SA funds for the construction of County Road 15 it will have a penalty of 5% each year for a total of 10 years or 50% of the total amount of the project. As an alternative the City could use a tax levy commencing in 1989 to fund he portion it feels should appropriately come from general tax funds. Funding from the General Fund would have an attendent interest cost which would either be the cost to bord or the interest lost from internal funds. Utilization of $230,000 in MSA funds would be a net cost to the City of about $28,000 in MSA funds over utilization of general fund sources over the 10 year period at 7% interest. This drops to about 17,000 at 8% interest. Current interest rates for AA rated improvement bonds are about 7%. Interest rate on City investments over the last six months have ranged from 6.7 - 9.9. Bonding or Internal Financing - Should the City choose to fund a portion of the project out of General Fund levies, the choice to bond or fund internally would be predicated on the following: a.) Fund Balance and eesire, jes of balance b.) Interest rates c.) Cost of bonding (about $12,000) d.) Amount to be specially assessed (G.O. Bonds for improvements must have a minimum of 20% specially assessed) e.) Levy Limits (If bonded to the levy would be outside the levy limit) This issue will be reviewed over the next few months sho,ild the City decide to use a General Fund levy rather than its MSA funds. 2. Storm Sewer District - The staff continues exploring whether a special taxing district or a utility rate approach to fund a $85,000 p-rtion is most appropriate. It is recommended that this portion be funded from one of these two approaches, and not funded by MSA funds, assessment- or part of the General City Tax levy. 3. Special Assessments - The malnr items as noted last time were for the abutting property owners tr) fund the cost: - Curb and guttpr - Drivew.-jy aprons- - Sidewalks The costs for s(Iuaro fr+r)t.-i nut1 i n v d last timr, worn• approximately: - ('Omm#,rr-ia11y zoned an commer •i.i] ly use(' property - $ 1 8. 10 pr• r f r on t fort 3 - Single family residential use property - $9.00 per front foot Generally the residential zoned properties are under 150 front feet with the majority being under lo0. Exceptions to this include; a.) Balboa property which has 550 front feet, and is currently undeveloped, b.) properties that are commercially used but have a residential structure on them, and c.) properties that have more than one single family house on them. (Please see Attachment D') If the City were to fund one-half of the sidewalk costs for the single family used residential properties, it would lower their front foot rate from about $2.00 pPr foot to $7.00 per front foot. For a residence with 100 front feet the first year annual cost would be $70 principal plus $50 interest for a total of $120 the first year. This would be reduced to $70 plus $5 interest to loth year. 4. Other Sources - The City has explored the use of other funding mechanisms to assist ir. paying for the regional cost of the sidewalks, such as charging the water customers in the Navarre area, use of a tax increment district, etc. Given the fact that the total cost of sidewalks for the single residentially used properties is a total of $13,000 it is probably not cost effective to further explore those routes. 5. Street Lights - The staff has not been successful in developing cost estimates with NSP for the project and would anticipate those would be available for January 11, 1988 meeting. D. ISSUE 2. AGREEMENT ADOPTION The City Attorney -has reviewed the County 15 agreement and recommends we negotiate certain recommendated changes with the County to bring back to Council for final approval. ALTERNATIVES - Issue 1 - Policy - 1. Accept staff recommendations. 2. Amend amounts or type- of funding for the project. Meeting Action 1. Adopt the preliminary plan as outlined in the recommendations. 2. Amend the recommendation:: 3nA adopt. 3. Table for further ct,nsideration until the January l 1, 1988 Counci 1 meeting. It is not imperative at this point that the Council &-termino the prel iminary arrangemr,nt of funding. The ear 1 ier however e,_ch a decision is male, tho more helpful it i:- as the City will h-.v,, to explore whethAr it noe+: to hc,nd for the pr(-)ject or not. TssuP 2 Meeting Action 1 . Adopt , 2. Table RECOMMENDATION Issue 1_ _ Financing - :t is presently recommended; a.) That the City utilize a general tax fund levy instead of Municipal State Aid Funds for the portion the City decides to pay of the project, b.) That the City over the next four months work to more fully develop its MSA capital improvement program, c.) That the City undertake the storm sewer district to pay for the $84,001 portion as a special taxing utility area, d.) The City preliminarly allot $126,000 for the assessments to the properties with the City picking up approximately half of the cost for the residential sidewalk, e.) That the staff be directed to set a special assessment hearing towards the end of the project, but prior to September in order to certify for the 1989 taxes, f.) That the City determine over the next two months whether it should undertake financing out of internal funds or bone, for the project, g.) That the City agree to undertake to the snow removal *.n the winter time on the sidewalks, h.) That staff be dir(-.--ted t-) do further work to determine if street lightE should be constructed as part of the project. Issue 2 - Agreement - It is recommended that the agreement be tabled pending negotiation on desired chac,,Pa with the County. PROPOSED MOTION - Moved by , seconded by _ , that the Council adopt the following preliminary financing plan: a.) That the City ut i 1 i ze is genera: tax fund levy .nst-,�ad of Municipal State Aid Funds for the portion the City decides to pay of thf, project, b.) That the City <,vc-r the nu-xt four months work to more fu i 1 y develop its, VISA capi t i t improv('mrnt. Program, c.1 That the City undortak#� tho storm .:cwf,r district tO fray f<,r tho !�84,000 portion a:-, a :>;jecial taxing utility area, d.) The City preliminarly allot $126,000 for the assessments to the properties with the City picking up approximately half of the cost for the residential sidewalk, e.) That ,:he staff be directee, to set a special assessment hearing towards the end of the project, but prior to September in order to certify for the 1989 taxes, f.) That the City determine over the next two months whether it should undertake fi •ancing out of internal funds or bond for the protect, g.) That the City agree to undertake to the snow removal in the winter time on the sidewalks, h.) That staff be directed to do further work to determine if street lights should be constructed as part of the project. and table approval of the agreement until January 11, 1988. Ayes Nays __. es: STREET FROM TO MILES CC'P..-T �.' T V'PE IS ST'Rtwo Pr^CsAH 19 !� RFCOK;TRIk"T1Cua- i4i i1 :J;LiGi D', FC+1 ST f N INC 6FIDGE 1 ?F SEALCOAT 1J1-0: WILLM OR Th 12 CSAH E 0 6l SEALCOAT I f,1-0,: : IL• i.00 Oti E. N RR FRIDGE 0 01 RECOIX TRlK T I OA 1': i _oa 6r:u0: OF t.� TRArF c,IGNALtTEMP1 0 O1 NEW GON:.TR,/CTiitt� ; ,1-oS WILLOW Cr - a) TRAFF Mfift -1 PERI % 0 01 NEW CONSTRLKT10N 10:-6; OLD CRY ;T;. F.:Y iw CSAH &4 TH 12 1 52 SEALCOAT I -02 t1-D CRYSTAL 6AY RD TH 12 CSAH 6 0 EO SEALCOAT 102-v-4 Q-D CRYSTF:- GAY M B N RR FRIDGE 0 01 RECONSTRUCTION 103-01 W.TERTOWM R11 OLD CRYSTAL SAt RD WILLOW DR 0 S1 RECOWSTRICTION 103-4). W-TEF'TONA RD STUBB'S BAY RD A.D CRYSTAL BAY RD 0 92 RECONSTRULTION 10 -03 I.;TERTOWK R: MC CULLEY RD STUFBS BAY RD 1 32 RECONSTRUCTION 104-4i1 MC C-A.LFY RD CLm.WY RD 19 CWH 6 0 93 SEALCOAT ln!l 01 FOX ST WILLOW OR BROWN RD 0 50 RECiP65TRUCTION 145 -0: F07t ST FROWN Rw .now OC+C -".3 LN 0 76 RECOKSMK I ION 105-03 FC.X ST OLD CRYSTAL FAY RDA WILLOW DR 0 60 RECONSTRUCTION 1C1►.--0; CRONO ORiHARD LN FOX ST SHORELINE D;:, 0 11 RECONSTRUKTION 1J7-*l E4?OIAI RD CSAA 6 TH 12 0 75 RECONSTRUXTION 106-01 STD BAY RD CSAH 84 WATERTOWN %.li 0 40 RECONSTRUCTION InG-G: ST1188S BAY FJ WATERTOw RD TH 12 0 70 RECONSTRUCTION 10'l,-U3 FEFMDALE RJ CSAH f• TH 12 0 SA RECOWTRtXTION A. F"'> 4GE RD N(b) BROWN Rl N WILLOW OR 0 50 " CCDISTRUCTION El MWTAGE RD k(c) WILLOW OP OLD CRYSTAL BAY RD 0 52 NEW CONSTRUCTIM C1 FROKTAGE FD S TH 12 GILD CRYSTAL BAY RD 0 29 NEV CON;MAC TION PRIJ T FIWIW3 1 TOTAL. ANIt kAL FUIn^ IIW NFED 19AriC il;'4. STATE AID FUND 2 EffiIMMM 7:Ar+ MAICIPAL STATE AID FUND EkAKE 3 MlM1C1PAL STATE AID CCMSTRUCTION ALLOTME-UT 4 l4►.IL IPi;L STATE AID BOND kFPAYTENT S IMICIPAL STATE AID BRIDGE B(MD1NG 0 YEAR ETD N.hR IPAL STATE AID FUfil BALANCE OTHER FU.)1NG SOL RCT:': 7 k1SESiNTS A 6£1ERAl OBLIGATIM- 9 OTNEIt w YiLLOW ORM SMAL - SO% LONG LM'E; i b) Al SO% AS.ASSm; tc ► al 77,1 WSSES"SED; Cal WILLOW N IYE SIGNAL - MA'DOT :A� Cnk;TRUCTION REQUIREMENT, t. 10001 19GT Iqw 089 1990 1991 1991 1993 1994 1935 19% 19.7 4:7 10 310 4% 100 24 10 450 257 4t.3 665 1S 2S_ 3G3 YQ 55 378 202 3S_-4 272 2S2 262 146 427 722 593 1401 514 438 378 610 SSS 720 2S6 349 160 00 00 00 00 0 0 00 0.0 00 133 166 166 166 166 166 166 166 166 166 166 40 3S — - - 350 350 349 IC-0 -46 -427 -885 -348 -272 -212 -444 -3FP9 -SS4 107 126 197 46 377 759 151 272 212 194 X£4 SSA SO 250 r' � - ' RA A ' f f \ �i 1 c-MyTy� 'L•; ra = ti.. _ter =���; � — - - ,ems 1'c11tl11-„Ji��i�t� � i�+ `? f , .. '� 7a e•- � � �Se ..i yp �,� �^' `fir\ -- ' '. J � '! a.a � —.� 1 - \fit • , f - -- w I Jtr lQN v - Al j Jxi Ile c—� '�,%��� I ��./ mow•• _=� `— r �_ _ _ _ Jwas!` r..rtam.a'- K.A 'ft :77oQ-YAL VUWn lillr .. 7 i wrY 1 � PWITHL-r 5238,M0 (T 429,W1 PRWWT (F u3 u r r: in 'ftuscaandr. ) ,e.vcr:e I I!?8 1969 19M I913' 44 _I^. SIM al : srrce f -C ' "8 After C ,I6 � =s : � -•�- �r•r aqo 5alarre '!SA ;' Ctmel 26h w FwC+a!?,v_ 154r5� awls apart ' '.'e 3`3 350 '.SO 3i8 35i 350 350 350 $1.5 Million fr,w XVy, Ala i2 12 12 12 $110.000 WA Balance NO 3341 I8 338 3 FS 338 M 334 il8 338 PGA 154.5 154.S 194.5 1S4.S 154.5 154.5 154.5 154.5 154.5 154.5 $1.545 Milliw WA I 101.5 193.5 110.5 183.5 '183.5 193.5 183.5 183.5 183.5 133.5 :1.835 millm'General levy ,AWY • W"k r•�. j r 35,7,r90 mrA r,*jwre if Levi- �nf-1 ?1 C!y 15 VNI-SM : It 35.91jyr fcc 10 years ►o@-is lie M iw 35/ 350 359 319A 3w 350 35a /3.S Million 35 35 35 35 35 3S 35 35 35 35 $iS..off "S11 SaLviee 315 315 its 3Ts iIi SI5 m 315 )f5 115 r A 166 16/+ 165 165 I (A 1f5 164 165 166 166 $1. 66 14111 i m/W. A 144 149 149 149 149 149 144 149 149 :49 i=..90 Killian CYneri2 IAvy Needs '.4 ; 3 31 24 22 25 24 ♦5317,006 f c.V"i C+{ 37 36 `Cee I?5 195 1113 177 375 173 $W7 I319 -..:wr•r to 1 rental Furd Costs S1. *35.Oaca _ ,^r -cn 2 C-0n at Fund Cats 1.807.tVI nlffsf.no. 175.ON IL1.a.!u/._ TO: Ma yor and C i ty Coun(,- i 1 FROM: Mark Bernhardson, C t; Administrator DATE: November 17, 1987 SUBJECT: County Road 15 - Final Pl�.n Approval and Financing ATTACHMENTS_ t,. County 15 - Final Plans +----�--- B. Preliminary County 15 Approval Dated 10/25/84 C. County 15 Upgrade/7pproval of Change Dated 10/31/86 D. CSAH 15 Financing Dated 10/22/86 Gerhardson Memo C'ty Rd 15 Dated 10/22/87 F. County 15 Plans Dated 11/5/87 ISSUES - 1. Review by Lhe Council of the final plans CS;oi 15 taking comments from the public and identifying the issues related to the plans. 2. Review of financing -ilternatives and -'iscussion of issues related to those financing alternatives. INT_RODUCTION - The County 15 project was initiated by the County in about 1967. Over the next 15 years the communities considered various alternative-- 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 CSAP money on the upgrade. Because of the concern relating to thc. four lanes west of 19 and the impact that would have cn Shoreline Drive east of 19 the project eras stal led unti 1 late 1983 early '84 when the Orono Council gave its conceptual approval to an essentially two lane design with turn lanes which would amount to some widening principally at the intersections for the design. This conceptual appr al was followed by preliminary approval of the plans submitted by Hennepin County on October 2Q, 1984. The County wanted the preliminary plans approved by each of the communities prior to the submission of the plans to the State's •!ariance Board for County/State Air highways. This variance wai r-nr a"e^ Auring t?-:e summer of 'e5 and approval given for the variance in late summer or early fall 1985. In the fall of 1986, as nosed in AttachmerC the County approached each of the Cities to see if two of .hinges, one in Spring Park and one in Mcunci, would bo acts, gable changes to the preliminary plans. The Council on 1*ovembec 10. 1986 agreed with those changer as noted in c:hment C. (When the original var +ante had been granted t rogram was pl iced on the five year capital budget for 1989. i'hroagh the ettcrts )f the local .:ommunitier- the County moved the priority on it so that construction would take place in 'Leta 181 or Par ly 188.) The County hay hven in the prose of drafting final plans, during •the past year based on the approval:- previouL. 1y given and in now sub:-ittiny the final _ . for approval. In advance of the final approval the City has , .:n 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 $428,000. This a new estimate that is down from the original $488,000. Issues identified at t-he 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 uz,�e of MSA funds on a Coun`-y State Aid Highway project. DISC'USSI(j - ISSUE. 1 - FINAL PLAN APPROVAL_ - The prinrioal focus of concern in advance of people s-eeing-the final plums was the construction of sidewalks, the cost of which for the City of Orono would total about $47,000. Among those prese:.t at the November 9, 1987 me, ing were individ ils 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 heen reviewing these plans with any parties who have been interest<d to call. The origiral inclusion of the sidr lks on both sides by the County was in response to an agreed to request by the three Cities because of the narrow width and rela,.ively high volume for an essentially two lane read. Additionally although no objective data exist to ine.,cate such, installation of sidewalks along a fairly narrow route will tend to r ierate pedestrain traffic where none existed betore because pc- le did not feel it safe to use without sidewalks. Additional he naed for sidewalk on both sides s the fact that it is difficult to cross from one side to th, other on a busy street in order t^ utilize a one sided _7idewalk. syster^. - '•Maintenance - Related to the installation of the si�ewalk is the -maintenance of that sidewalk. As this is a "rey',--al* sidewalk and the fact that oti sporatic snowplowing or rem(val by abutting property owners is a concern, the City could und_rtake snowplowina for a "regional" sidewalk system as the City does have th- --apability with its current equipment. It is expected tho Cit; )uld do this general ly within a two to five day time period after a snowfall when _ill the streets have been opened up. Additional co of this would be the time/overtime available c:r needed •o un: ,ke t c• which once constructed thr. City will be etter mole to c tir.,ate the amount. (Fro. ble uni'.e: S2,000) other Highl_ghted Changes - Besides the installation of sidewalk on either side of County 15, principal changes are turn lanes particularly in the vicinity of: - Co. Rd. 19 & 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 $15,500) and 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 from 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 to 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. Payment would proably be over 10 years and would include both principal end interest. - C. Municipal State Funds_ - These funds are for the construction and mainten, of the City's 10 riles of designated Municipal Stat- ..id Rcads. As noted, the use of 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 improvement clan 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 municipalities have experienced in the levying of special assessments for storm sewer projects where it was difficult to prove benefit to the person at the top Of the hill who c-3ntributr�s storm water to the person at the bottom of the hil1, the Legislature enacted legislation to allow Cities to net up storm sewer districts and have a genera' tax levy or user fee levied ahainrt pr-•parties in thorn• dist-ict!�. This is also 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. Proposed Fundin4 Plan - It is suggested that the City's costs as noted in Attachment G be funded as follows: ANNUAL PRINCIPAL + 8% (EST) COST PER INTEREST AN'.d'JAL FRONT FT UNPAID TOTAL PP.04CIPAL TOTAL PRIM BALANCE GENERAL TAX FUNDS 241,829 24,800 OR MSA Signals/ROW/Retaining Walls/Design and Contract Admin SPECIAL ASSESSMENT 107,747 Residential $9.17/ft 1st yr $.92 + $.73/ Driveways/Curb & Gutter/ ft going to Sidewalks 100 front ft = $917 Last yr $.92 + $.07/ft Comm $18.35/ft 1st yr $1.83 + 1.46 Last yr 51.83 + .14 STORM SEWER DISTRICT _7_2,314_ $7,200 427,890 Street Lights - 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 acceptance of final plans. ALTERNATIVES ISSUE__1. -- PLANS - The following represent alternative actions t e- Council could take at the 11/23 meeting 1. Approval of final plans as presented. 2. Amendmert of plans and approval. 3. Table for further consideration and/or information. 4. Rejection of final plans. 4 ISSUE _ 2. FINANCI_NG - The following represent financing actions at this Council meeting. 1. Di r e c t s' of f to undertake i he recommended recommendation. a. Establishment of a storm sewer distri:t. b. Undertake the special assessment procedure for that portion of funds as recommended. c. Prepare appropriate bond sale to be issued for 10 years between 1969 - 1999 with payment through general tax funds and special assessments. d. Finalize and undertake the MSA funding plan for the projects. 2. Table for further consideration 3. Amend the recommended mix pl — initiate the steps to undertake that revised mix. RECOMMENDATION - It is recommended that Council consider the final plans and make any coma ants they have regarding those plans for final consideration at the December 14, 1987 meeting. Additionally it is recommended that the issue of financing after the Council has discussed their ideas and issue- that be tabled until December 14, 1987 for a recommendation and preliminary action on the financing. ("Final" action would be in a series of steps to implement the preliminary plan including special assessment hearings &nd bond passage etc-.) PROPOSFD ^LOTION - Moved by _ , seconded by _ , that the Counci 1 table until its December 14, 1987 meeting the final plan approval together with the preliminary financing plan. Ayes __, Nays _ E?DIZDIT "A' WV. 17, 1987 Fags 6 of 6 DIVISION OF COST SUM4ARY CASH 15 (FROM W. CITY LIMITS TO E. OF CSAH 19 HENN. CO. PROD. $024 - SAP 27 615 14 ITE-m UNIT ESTIMATED UNIT TOTAL t COST t COST QUANTITY COST ESTIMATED ORONO OP^VO HiTQ."7. HE•:7. COST rOUNTY COtWT :ONC. CURB 4 GL;.=:. DRIVES A?TD SIDr-KN C (3) ER49 CURD c GL,rM (SPECIAL) Lill. FT. 1307.00 $15.00 $19,605.00 50.00% $9,802.50 50.00% 9802.50 B624 CURB t GUTTER LIN. FT. 8548.00 7.50 64,110.00 50.001 32,055.00 50.00% 32,055.00 c:ONC. DEIVEWPLY PAVEPIENT SQ. YD. 1336.00 30.00 40,080.00 50.00% 20,040.00 50.00% 20.040.00 CONC. SIDE%DLX SQ. FT. 40756.00 1.50 61,134.00 75.00% 45,850.50 25.00% 15,283.50 -TIRS1 SEWER - CA CI( BASINS S. 1.EAD5 12' r: PIPE SEWER 15' R: PIPE SEWER LIN. FT. 1620.00 25.00 40,500.00 50.00% 20,250.00 50.00% 20,250.00 i8' RC PIPE SEWER LIN. FT. LIN. FT. 427.00 125.00 27.00 30.00 11,529.00 3,750.00 50.00% 50.00% 5,764.50 50.00% 5,764.50 21' RC PIPE SLl*FR UN. FT. 26.00 34.00 884.00 50.00% 1,875.00 442.00 50.00% 50.001 1,075.00 442.00 12' RC PIPE APRON is* RC PIPE APRON EAM 2.00 300.00 600.00 50.00% 300.00 SO.00% 300.00 CONSTRUCT CATCH BASINS. DES. G EACH LIN. FT. 1.00 147.70 325.00 150.00 325.00 22,155.00 50.00% 50.001 162.50 11,077.50 50.00% 50.00% 162.50 11,077.50 OOKS W T PMKOLES. DES. G LIN. FT. 5.40 150.00 $10.00 50.00% 405.00 50.001 405.00 CAST11% ASSElLIES EACH 46.00 275.00 12,650.00 50.00% 6,325.00 50.00% 6,325.00 ^F1M LWER - TRUNK LINES SY,-= 12 SYSTEM 14 65,340.00 (1) 6,718.82 (1) 45.9.1.48 SYSTEM 15 21,338.00 (1) 12,138.58 (1) 9,199.00 SYSTEM 16 2,315.00 tl) 1,446.88 (1) 868.12 SYSTEM 17 2.348.00 (1) 1,263.22 (1) 1.084.78 12,769.00 (1) 4,148.33 (1) 8,620.67 RETA:!:'?rS UHALIS -•-*MCR RETAINIM UHALL SQ. FT 3355.00 9.00 30,195.00 50.00% 15,097.50 50.00% 15,097.50 SLTTUPAL ROADWhY ITE?t; 412,437.00 195,162.83 204,574.05 "':-FRIG SI'�SA1S MLL T ACT T CONTROL SZ,2U L SIG SYS 1.00 65,000.00 65,000.00 50.00% 32,500.00 50.00% 32,500.00 BALANCE OF r'ONSTRUCTION ITE7Ei (2) 4,057,340.35 100.001 4,057,390.35 TOTAL ESTll"ATED COST OF CDNSTRUCTIOHH ITEM 4.534.827.35 E3TLMATED ORONO S}t X OF RCA0,MY 1TT_MS 227,662.83 � PLUS 17% FOR 1E3 . L CrNT'P "T ADN.ZN. I P.O:. Jlw^.l ITL"L 1 33 68 S7 PLUS 14% FOt MS. & COMILACT ADI.M. (SI,12US) ,177. 4,550.00 ?'t m RIGWT CF W►! 325,000.GO 50.00t 162,500.00 50.001 162,500.00 m - TOTAL ESTIMATED OROEA 5}jARE $427,890.51 7 t t 1 ) SEE ATTACHED SL-Am%RY ` T 2i INCLUDES MOMMIS AM SppjI% S}L%ja � 3) DOES %Or IMCUXX QUANTITIES FROM A ... SSA. 136+00 TO 137N0 R?. p ro I , 16- 9S87 To the members of the Orono Council RE: Installation and assessment of sidewalk along County Road 15, both sides of the road, from intersection of 19 and 15 in Navarre to Spring Park The taxpayers whose signature are attached on separate pages following, respec:.fully request that no sidewalk be installed for the following reasons: 1. A sidewalk will not add to the value of their property. 2. A sidewalk will detri:ct from the value of their property, due to: a. Increase of capital cost. b. Cost of maintenance. c. Cost of liability insurance. d. A higher operating cost proportionately low..rs selling price of property, thereby lowers its value. e. Confiscation of crucially needed parking space or lawn space. 3. A sidewalk constitutes an unwanted non -beneficial financial and maintenance burden for years to come. 4. A sidewalk will be entremely dangerous to pedestrians, cyclists and children because of immediate proximity to a . agerous, fast highly traffiked roadway. These activities should be discouraged because of the risk factor, rather than be encouraged by building a sidewald so dose to the road. i� V CLT it PatV 61m��Vclre.,- 34 wpzr s ��J -�?/j el-Q- "cam L� X7/ Q-txr pVIA y CAY'Y_ bte 1h,;tQ s CX7 � , 1/7/ 1g3 3-1 elf(- akL c 0 r -7364 ram:( nr 1 so G3L.-7 !c% v/t �c �D� LQ . .......... LtLA-k LA I k t&A - k�, J .r 2105 Lake Road DEC 9 498 Minnetonka Beach, MN 55365� November 30, 1987 To the members of Cho Orono Council RE: Installation and assessn. nt of sidewalk along County Road 15, both sides of the road from intersection of 19 and 15 in Navarre to Spring Park. Taxpayer: 3701 Shoreline Drive, Casco Office Building As the owner of the above mentioned commercial property I wish to go on record as opposing the addition of a sidewalk, and to object to the assessment of the costs on abutting property owners. The building of a sidewalk so close to a busy road seems to constitute a serious safety hazard rather than being any kind of beneficial addition. In forty years of residence on County Road 15, I have seen children hit, people blown off bikes into trees by passing trucks, and even one person killed; ill because they were too near the road. Why encourage more of th ? It is not safe. The shoulders of roads are always the only refuge of cars trying to avoid collision. The sidewalk will not enhance :he value of my property but rather it will constitute an added financial and maintenance burden and therefore depress its value. The increased operating cost of shovelling snow and cleaning up trash con..titutes an immediate lowering o-' he value of the property. If it is ns.,essary to cut into cur landsce -r decrease the width of ou►- parking lot, this is a very s problem. Our tenant, Me rill Lynch who leases 5/8th of ildina, is not even now saLisfied with the number of parkii. lls, and if this number is decreased they would probably have r.is for breaking their lease, since their business is so depent:L_i:L on space for many more cars than normally provided. If there are any people who really want this sidewal' for use by the community, then it should be more widely assesse , and net just assessed to abutting property owners, who will anyway, if it is built have the liability costs and maintenance costs with which to contend ad infinitum. I have 362 front feet ind my anticipated costs from this are appalling. What happens if a child on a bicycle is hit by a car on my stretch of sidewalk? Am I liable, or is the Villag of Orono 1 ile? I, a pedestrian slips on wet leaves and falls 3m I respon. ,le? - 2 -- 2 - How do I coordinate snow shovelling with the road snow plows, and where do they put the road snow except on the sidewalks? I have seldom sL.,�n people walking or cycling on the side of the roal and the addition of a sidewalk would appear to be undesirable, unneeded, and an invitation to many undo -+sable problems for adjacent prkperty - And certairly for the people who might use this si:' You s truly, Lisabeth C. rear f TO: Mayor. Grabek �p 7 '. rono Cou `.1 Members City Adm .t.ra .:; Bernnard:,on FROM: Jeanne A. viatusth, Zoning ► Jministr�:,_ora F ®Ho DRTR: December 10, 1987 SOBJ: #643 Bruce & Cara:lle Curtiss, 1920 Fagerness Point Road -• Variance - Resolution The setback vE:.iances addressed i..i this resolution have been '.:axed on the Survey dated October 13, 1970 Ly Gordon Cofiin bubmitted for review of application 4643. Based on that survey, the entire fence located along the street lot line of the subject property is located 1-ithin the 75 feet setback area - see attached. .he 1^cation of *he wetlands has been determined from the designatcu we' Ianno of the City of O:ono - see attached. The enclosed _ cjalution '-,as be- .1ra A For your consi.teration and final action. A RESC 'N GiIANT_' NG VA1(1....% ES TO MUNICIYAT, ZONING CODE SECTION 10.22, SUBDIVISION 1 (A) AND SECTION 10.55, SUBDIVIS?ON 8 FILL 1'43 ► HEREAS, Bruce Curtiss and Camille Curtiss (hereinafter "the applicants ) are the owners of the property located at 1:20 Fagerness Point Roar' within the City -:)f Orono (hereinafter "City") and '.egally described as follows: That part of Lot 27, Pagerness, lying North and East of a line described as follows: Commencing at a point on the Southeasterly line of Under -The -Linden Avenue, .:,rich raid point is marked by a judicial monum-nit, a distance of 175 feet Northeasterly along ;-.lid avenue from the Sol.thwest corner of said Lot 27; thence bFzring _ Guth 34 degrees 14' East a distance of 6j.00 feet to a point marke,' ty a judicial Monument; thence continuing on an extension of said 1.1.- to the shore L Lake Minnetonka, iiernepin County, Minnesota (hereinafter "the property") ; and WHEREAS, this al.pl ration has involved the reconsideration of an original variance application ( 643) approv-d the City COLOCil on September 14, 1981 that would have requi I, ipli.-ants install a turnaround within their !t y .11 arld f,. 01 .iuse 3 right :)f-wav of Fagerness Point Road. In .itio' appl_ seek variances ; Sect ns 10.03, Subdivis-on 15 (C), 10.2.., Subdi 1 (PI and Sect -on 10. 5, Subdivisic.. 8 for an existing fence at 6 t L in h- `` that exceeds the allowed ► ei qht cf 2�, loc-)- ,?d within 75 fe •t of the lakeshore and proposed 1.:ithin 26 feet of a desk ed wetland. NOW, THEREFGRE, BE IT RESOD by the f'ity Counc:l or Orono, Minnesota: FINDINGS 1. V,is app]irr*'. ,-- was reviewed zs Z— i.ng File #643. 2. The p-. jcrty .s ed in the I..r(-IC Single Family i here Reb-'rientia , Zoning Dis-A: ct. 3. The Orono Planning Commission reviewed this application on October 19, 1987, and rP -)mmended unanimous approval of the variances application allow�ng a 34 foot high fence based upon the following findings: Page 1 of 5 A) There is no unique hardship to the land that would require a 6 foot high fence. B) A 3h foot fence with plantings can provide the necer ry protection for children if both are installed with specific care in placement of plantings to insure there is no negative impact on required sight distance. C) The Planning Commission felt the turnaround should be installed as required. 4. On November 9, 1987 and November 23, 1987, the Orono Council considered the application and noted the following findings: A) The existing six foot high fence creates a visual/safety hazard for users of public road and for children who exit ;.he property. B) Adequate sight uistance in essential if a turnaround is riot installed on the property. A 3 1/2 foot fence with plantings at limited height in designrted areas can accomplish applicants goals for protection of children and privacy in limited yard area. C) To allow a 3 1/2 foot fence along the street lot line of the property, located within the lakeshore protected area, would be consistentd with past actions of the City Council based on valid, similar findi'r,gs noted in this review. D) Economic considerations are not valid reasons to grant variances per Sectio 10.08 Subdivision 3A(4) of the Municipal Code. E) Sections of the 6 foot privacy fence have been insta ed within the road right-of-way of Fagerness Point 7jad. F) The 6 foot privacy fence has been installed within 75 feet of the shoreline of Lake Minnetonka. G) Approving a 6 foot high privacy fence to rrovide privacy has not been a valid reason for the granting of v * 3nces in light of recent denials. The approval of this F vacy "ence would establish a negative precedent in the consk(ierati:)n -J Omilar applications in the future. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDIT10- Rased upon one or more of the findings noted a,)ove, the Orono City Council hereby grants vai-irces per Municipal Zoning Code Section 10.22, Subdivision 1 (A) and F on 10.55, Subdivision 8 to permit the installation of a 3� foot high _. 2 totally lo^.ated within 75 feet of the lakes}.ore per survey dated 10/13/i, by Gordon R. Coffin and within 26 feet of a designated wetlands per City of Orono's Designated Wetlands Map of the North 1/2 of Section 17 and to waive the reauirement that applicants install a turnaround on the property, subject to `che following conditions: 1. A 3� foot high fence may be installed along the street lot line of the property, a building permit -ust be obtained from the City of Orono prior to said installation. P gate may be installed adjacent to street yard area used for exterior storage such storage shall be subject to standards of Section 10.60 Subdivision 13. 2. No plantings in excess of 3� feet in height shall be planted within :-in ar. bounded by the driveway to the south and northeast 35 feet along the street line as described in Exhibit N of the November 9, 1987 ^ouncil packets in e -hange for waiving_ th condition that would have required a turnaround on the property. 3. The panel sections of the existing privacy fc-ce st be removed by January 1-5, 1- 11 and the post/footings located titthin the road right of -way of Fagerness Point Road shall be removed and conf—ming posts reduced to 3 1/2 feet by May 1, 1988. 4. Authorities granted with this resolution run with the property not with the applicants, but are permissive only -ind must be exercised by application for building permit within one year of the date of Council approval or this variance will expire on that date (December 14, 1988). 5. 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 Lerminat ny authority granted herein, and shall be punishable as a misdeme Page 3 of 5 6. The under•3igned applicant have read, understood a d hereby agrees to the terms of this resolution and un behalf of himself, 'pis heirs, successors and assigns, hereby agrees to the recordir,g of this resolution in the chain of title of the property. Adopted by the Orono City Counci l on this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 4 r)f 5 weee s� Nertii hill-hill-WLof ?7 _ nat at &u11Py Eei / —7 os AOwn on to�e�o/s1 for Gerald L. Staeeberg tO' In L -, 27, tago"W" �S s Hennepin Camty, Idanesota 0 Scalv: 1" 6C' Late : 10-13-70 � t,Savn o� rP��rd C.of -- cJ:.Ir! : Judicial Iandr,rrk .�. �P 0 CO r-• AM COID Y CO, L/.v 1,•� 1,3 i N Certificete of Survi,:: I hereby certify that this is a true and correct s rearosentatioa of a survey of the boundaries of that part of Lot 27, FaFernAes, lying North and rr st of a lino described as follows: Coa@ieaeing at a point a on th- Southeaeterly line of Undmr-The-Linden Avsnue, i s one rk Rd by a • --- - which said point judicial monua�aat a dis- rrc: Lance of 175 feet Northeasterly along said avenue from the z7 Southwest corner of said Lot 27; thence bearing South 34014' Feet a distance of &?.Or, feet to a point marked by a judicial sw%num4rt; thence continuing on an nxt4naion cf and ine to the gore of make Minnetonka, for the solve purpoee of sheering thi location of existing buildings thoricn and the prorosed positions of prepossd buildings thereon. It does not pur;•ort to show irpronier"nts or incrovch.►rta, nor have acraaionts been placed for th• Furrose cf establishing lot linos cr bcundarT: corners. Gordon F. Coffin Peg. L.. oC" Land Surveyor and Planner Long Lake, Minnesota 6 The City Council firas that the conditions existing on this property are peculiar to it and do not apply generally to ether property in this zoning district; thAaL granti:ig the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the 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 variances per Municipal Zoning Code Section 10.22, Subdivision 1 (A) and Section 10.55; Subdivision 9 to permit the installation of a 3� foot high fence totally located. within 75 feet of the lakeshore per survey dated 10/13/70 by Go A. Coffin and within 26 feet of a designated wetlands per City of Oront signated Wetlands Map of the North 1/2 of Section 17 and to waive the requirement that applicants install a turnaround on the property, subject to the following conditions: 1. A 3� foot high fence may be in. alled along the street lot line of the property, a building permit must be obtained from the City of Orono prior to said installation. A gate may be installed adjacent to street yard area used for exterior storage such storage shall be subject to standards of Sectior 10.60 Subdivision 13. 2. No plantings to exceed a height of 34 feet at maturity shall be planted within an area bounded by the driveway to the south am n( ..theast 35 feet along the street line as described in Exhibit N of the Novem?-)er 9, 1987 Council packets in exchange for waiving the condition thit would have required a turnaround on the property. 3. The panel sections of the existing privacy fence m•-st be removed by January 15, 1988 and the post/footings located within the road right-of-way of Fagerness Point Road shall be removed and conforming posts reduced to 3 1/2 feet by May 1, 1988. 4. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building Fermit within one year of the date of Council approval, or this variance will expire on that date (berember 14, 1988). 5. Vi:)lation of or non-compliance with any of the terms and Condit -ins of this resolution shall constitute a violation of the zoning ode, shall automatically terminate any authority granted he n, and shall be punishable as a misdemeanor. Page 3 of 5 L'"1 To: Mayor Grabek & Orono Council Members Mark E. Bernhardson, City Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: December 11, 1987 Subje--t: #1104 Gregg Perl, 309 Westlake Street - Variance - Second Review - Resolution Application - Request for rear and side setback varia- 3 and height variance to construct an addition to existing resider. Zoning District - LR-lA, 2-acre unsewered Note - This item was tabled at Council's last meeting pending staff investigation of complaints regarding continued home occupation use of the property. List of Bzhibits Exhibit A - Staff Letter to Appl;�!.-gnt Dated 12/8/87 Exhibit B - Council Minutes of 11/23/87 Exhibit C - Notice of Council Action 11/25/87 Exhibit D - Mena & Exhibits of 11/18/87 Exhibit E - Letter From Applicant's Attorney Dated 12/10/87 Discussion - At the November 23, 1987 meeting, neighbor Lee Hat:en, 3895 Bayside Road, complained about continued use of the applicant's property for operation of a landscape business. His complaints regarded diesel fumes, heavy equipment kept on the property, repair work done in the garage late into the night and weekends, and also disturbing the peace by-pplicant's conflicts with his own employees. The Council tabled this application pending staff review of the complaints. On Thursday December 3, 1987 Jeanne Mabusth and Mike Gaffron met with Mr. and Mrs. Perl on the property at the applicants request, in order to verify specific complaints and violations and advise *hem as to what ,7ompliance measures would be needed. The result of that inspection is related in staffs letter to applicant dated Dec?mber 8, 1987 which Council is requested to review. Applicant was advised of the following visible violations: 1. Junk vehicles stored on the property (these -ust be removed or stored within a building). 2.. Exterior storage of materials ana equipment, including building m4.terials, a backhoe tractr,r attachment to be used in digging footings for the proposed building, and other miscellaneous items. (Applic..-.ts were advised to 'ally screen such material and equipment). Zoning File 01104 December 11, 1987 Page 1 of 2 3. Storage shed constructed without a permit and not located to meet required setbacks (This shed is just over the allowable size limit for sheds not requiring a permit. Applicant is advised to obtain a permit for the structure and move it to a conforming location). 4. The only visible evidence of any business or home occupation use of the property consisted of a few stacks of plant pots stored in the fenced area of the yard. Pi -"-as of dirt and rock with not observe' No construction vehicles we, being_ stored on the property. The applicant states there has been no home occupation or business use of the property since August 1987 when he agreed to remove such use and activity to a location in Plymouth. Staff ham not been able to verify complaints reg--ding operation construction -_quipment during day, night, and weeken,.3. We have no specific: complaints on file that indicate dates or times of specific incidents of business use of the property. Mr. Harren has been given the opportunity to submit a letter that would give more specifics on the alleged violations. The applicant has been advised that repair of his eq,lipmert used in the business cannot occur on the property and that such use would be an even greater violation when employees are present. Staff would note that a recent windshield survey of the Westlake Street neighbc_i.00d indicates that incidents of clutter and material or equipment storage are not unique to applicant's property. For instance, the property to the immediate south of Per] could use some attention. Staff Reco�endation - Given the absence of any E. )stan-"-ially visible indication of business use a° the property, and give.. ^P lack of specific complaints regarding spec;i.c incidents and dates of business use of the property, staff again recommends approval of the proposed setback and height variances for construction of an addition to the existing_ re --once. While riff is not ignoring the home occupation complaints by any means, nor c.cnuuning such use, the home occupation is a sepaerate issue from the request for variances. Staff would recommend that if Council wishes to include in the variance resolution any conditions relating to the home occupation use that. wording be included that clearly states why Council perceives the variance and home occupation issut!s to be interrelated. The proposed resolution attached does not address t;ie home occupation ?: Stio. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 i1104 GREG PERL 309 WESTLAKE STREET VARIANCE RESOLUTION Gregg & Bette Perl were present for this mate-. City Administrator Bernhardson expl:�ined the request for rear and side setback varianr-c5 and height variance to construct an addition to existing residence. Planning Commission recommended appro-,iI ^er staff recommendations. Regarding the status of the existing septic system, Assistant Zoning Administrator Gaffron explained staff recommendation that applicant be required to complete interim repairs on the septic system no later than July 1, 1988, with due consideration given to flexibiiity in that date depending on the statu, of the Stubbs Bay Sewer Project. Gaf f ron also notec hat applicant has agreed to the attachment of the house to the garage that exists which would eliminate the need for a building -to - building setback. Lee Harren, 3895 Bayside Road, stated that the applicant has been operating a landscaping business from their property for the ' st three years and has complained to the City several 4-imes. His complaints consist of diesel fumes, heavy equipment kept on the property, repair work done in the garage late into the night and weekends, and also d�—urbing the peace by applicants ccr.` : ic;ts with his ., .'-cyees. Mr. Harren is opposed to the project en the - hat he is not in compliance with the ordinance rega,. ng operation of a business on the property. Staff recalled for the Council that Mr. Perl E . d for a Home Occupation permit this st sl!m-�er, bL ounci 1 felt Home Occupation permit M not necessary based un the fact that Mr. Perl stated his entire business operation would be moving to a new locat-on in Plymouth. Mr. Harren stated this was not the case. Gregg Perl stated all his equipment has been moved to Plymouth. -tte Perl stated that they have had a truck hauling firewood in for their residential use. She stated they have a bu {.n Plymouth which it Leing used for their bu_ .ie a o stated their hF.s b.-,en < <e equipment being used to put in fooci.gs around the A ch was required by the City. a !MINUTES OF THE REGULAR ORONO #1104 PBRL CONTINUED Mayor Grabek pending signed Councilmember this based on in the near convir rid. # 1101 LL'W I S/TRETTEI. 47r LINDEN AVENUE AI:IANCE RES -TION #2300 COUNCII. MEETING ,.',i,D 11.OVEMBER 23, 1987 felt this application s:-loul tabled affidavits by the neighcors. Sime stated he was not anxious a_•)r^vc the asoumption that se.,+er wi l 1 :. future, of which he is not It. was moved by M. yor Grabek, seconded by Counci lsne►aber Sime, to table this application pending staff review regarding the complaints. Motion, Ayes 7, Nays 0. City Adm;_:istrator P nhardson explained the request for a lot are,, variance for construction of a residence. I= lannin 3 in,! !,ior recommended approval per staff recomniendati, , subject to improvements on the property not alveisei_ ,"Fectinq the drainage pattern in the neighlorr000a. F.athleen LrF:.' .as present for this matter and stated the v are -eque--.ing renewal of a lot area variance that wt.­, gi antra f evious to their purchase of the property And felt t!^ .c a properly built house should not affect the dr:. i .ge in tt - neighborhood. Coun.;ilmember Callahan stated he was concerned witt. the 'ity's responsibility to sLpervise the drainage if eroblems arise. Engineer Coot, stated that drainage plans would have to be submitted and approved prior to issuance .)f ..he building permit. In t'iis particular ,ase, upon site inspection of the property they felt thew would be some adder: run-off if a house was constructed, but felt it could be controll�?d ty some work being done around the ou'_let of the exi. tir. pi'-e. Mayor Grabek a.=ked City Attorney Bl:i-_,. a)-ut tt ity's liabilit, if dr i,,,a. problems arise. City Attorney ; _tt n sr.. - ,<: that based on the fi is in this applicati, J'r reasonatl.e conditior.c e• e, le_ _slative procedL. - she di.' not feel the C +� exposing themselves to ' i bi 1 .._y for any -cun•., neighborhood drainage pru,,l.ems. W .TAMES H. MAGINNIS ATTORNEY AT LAW ?KITE 154 I: Xt'1:1. :f 1'11.U1Nt1 5000 FACKUNIOR 11t ULE-VARO IMINNF:AF")LIS. MINNESOTA 5.."111 December 10, 1987 City of Orono Post Office Box 66 Crystal Bay, MN 55323 ir i MC 't I t, Attention: Michael P. Gaffron Asst Planning & Zoning Administrator Re: Zoning Matt - Gregg and Betty Perl Property, 309 West L-. Street, Long Lake, MN ARIA Cube 619 Dear Mr. Gaffron: Mr. Gregg Perl has consulted me with respect to the zoning issues in connection with the above described property. I have gone over your letter dated December 8, 1987 and I will attempt to address some of the matters stated therein. Your paragraph 1. Mr. Perl stated and will remove the vehicle described and this will be done immediately. Your paragraph 2. All mobile materials and equipment on the property at the present time is not permanently there and is not the property of Mr. Perl. The materials and backhoe attachment is present on the property for the purpose of accomplishing grading for the anticipated improvements, and as soon as these improvements and the grading is completv:" all said materials and equipment will be removed. Your paragraph 3. Referenced 12' x 12' mitr+scture will be moved and relocated pursuant to the zoning requirements as stated in your letter, paragraph 3, and whatever necessary building permit 11zquired will be applied for. Mr. Pe, has informed me, and therefore I believe that he does not intl ' to conduct any business operations from and on the premises above described. Any previous business use or uses of equipment has been removed from the above property. The setback and variances requested that have been made do not in any way relate to the prior complaints received by the zoning administrator nor do they relate to any anticipated business or non -allowed uses of the property. Mr. Perl has stated and fully intends to comply with the zoning code of the City of Orono. Any prior errors he intends to and has corrected. City of Orono December 10, 1987 Page 2 Mr. Perl respectfully asks that the Council act favorably upon the setback and variances requested. We would be happy to discuss this matter and answer any questions. Yours very truly, 7 �� a es Mc� innis JHM:mu Gregg & Betty Perl 309 Westlake Street Long Lake, MN 55356 CITY of ORONO Post Office Nix fifi*Crystal liay, Nlinncaota aMunicipal 01`111CM On the North Shore of Lake Minnetonka.. December 8, 1987 I �1 �` `� -' 1 DEC �87 I , Re: Zoning Violations on Property Dear Mr. S Mrs. Perl: This letter is in response to your request for an enumeration of the various Zoning Code violations on your property. All of the violations noted are normally enforced only upon complaint. The observed violations are as follows: 1. Unlicensed, inoperable motor vehicles stored on the property. Per Municipal Code Section 9.50, such vehicles must be housed within a lawfully erected building. Screening them behind a fence is not satisfactory. 2. Exterior storage of mobile materials and equipment that is not fully screened. Zoning Code Section 10.60, Subdivision 13 requires that all mobile materials and equipment, which would include usable buildinq materials and, for instance, the backhoe attachment, be stored within a bui l6ing or fully screened so as not to be visible from adjoining properties. It would seers reasonable to expect that al). such materials on your property be stored within the fenced area on your property. Regarding your woodpiles, as long as that wood is used only for home heating purposes and is stored neatly (in any yard), the City has no problem with it based on current codes in effect. 3. Ra:.t cl on the survey pr(.)vi ded by you, the existing 12' x 1 2' storage shed (144 square feet) exceeds the 120 square foot allowable structure without the need for a building permit. Although we have received no complaints on this shed, it violates the Zoning Code requirements in its location because it is: a) located within your clef ined Iront yard area; and b) is located less than 10' from the side lot line. You are advised to obtain a building permit for this structure and presuming that it is mobile, move it to a location within your side or rear yard and at least 10' from the side lot line and at least 5' from the rear lot line. The Zoning Code reference for those location requirements is Section 10.03, Subdivision 9 ID) and Section 10.03, Subdivision 15 (E) 6 M. The 120 square foot limit on buildings not requiring a permit is referenced as Section 301 (b) of the Uniform Building Code. hi II IIISG& ZONING - 473-7357 • AlAIINISTRATION & FINANCF - 471 71511 • Pt'011(' NnRKS - 47.17159 AS.SLW Wi Gregg & Betty Perl December 8, 1987 Page 2 of 2 As Zoning Administrator, Jeanne Mabusth, and 1 noted to you at our site inspection on December 3rd, we received on November 23, 1987 a written complaint about your property. State Statute requires that the identity of complainants remain confidential. The complaint alleges: A. Constantly running 'Loud construction equipment during day and night and on weekends. B. Piles of dirt, rocks, etc. stored in the yard. C. Business being operated from the residence. A further verbal complaint received is that during the construction season, you and your employees on a regular basis repair equipment on the property on evenings and weekends. It is Jeanne's and my impression, based on our site inspection, that except for a few stacks of plant pots stored in the yard, there is no visible evidence of any continued business or home occupation use of the property. Piles of dirt and rock were not observed. As you are aware, you agreed on July 27th, 1987 to discontinue any home occupation use of the property. We have not received any specific dated complaint of any specific verified incident of home occupation use since that date. However, be advised that repair of construction equipment used in your business on the property is considered a violation, and even more so when employees are present. The noted violations, except for the location of the accessory structure, would not appear to have a direct relationship to the setback_ and height variances requested. Howr_ver, in the eyes of the City Council they may have an indirect relationship to your request in the sense that your additional investment in the property has a potential for perpetuating non -allowed uses of the property. Staff would suggest that you or your counsel be prepared to address the above mentioned concerns or at the December 14 h Council meeting. It would be most appropriate and helpful to the Ci =y Council if you would provide a letter for their review prior to the meeting. That letter should be submitted to this office no later than noon on Thursday, December loth, in order to be included with the packet of information provided to the Council. Please feel free to contact me or Zoning Administrator Jeanne Mabusth at 473-7357 if we can be of further assistance. Sincerely, Michael P. Gaf"f'icn, Asst Planning & Zoning Administrator MPG/tin Enclosuye - Municipal Zoning Code Sections Noted Above ZONING FILE NO. 1104 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11/25/87 ----------------------------------------------------------------- TO: Gregg Perl COPIES TO: 309 Westlake Street Long Lake, MN 55356 TYPE OF APPLICATION: XX Variance -------------------------------------------------- DATE OF MEETING: 11/23/87 VOTE: 5 For 0 Against COUNCIL ACTION - MOTION: Tabled pending staff review of complaints by neighbor Lee Harren raised at meeting. As we discussed on 'tie phone on 11/25/87, we should meet on the property dur4 the week of November 30 to review the items of concern. The next Council meeting is scheduled for December 14, 1937. if you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. 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 P`rl, 300 Westlake Street - Variance - Resolution Application - Request for rear and side setback 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: Txisting Required Proposed Side Setback 12' 30' 12' Rear Setback 40.1' 50' 27.1' Bldg Height 20' 30'(Allowed) 35'(by definition) Hardcover 238+ 35% 25.4% Bldg -to -Bldg Setback (applicant has revised proposal and now will attach the structures) Discussion - Please re,,, ew 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 16th, 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 vegetaticn 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 had 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 sept.c system repairs on an interim basis be completed no later than July 1, 1988 with some leeway possible depending 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 setback, 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 en 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. Staf f 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. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (A) 6 (B) FILE #1104 WHEREAS, Gregg Perl, (hereinafter "the applicant") is the owner of the propertv located at 309 Westlake Street within the City of Orono (hereinafter ty") and legally described as follows: Lots 1, 2, and 3 except the West 2'10' of said lots, Block 2, Hillside Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municiral 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 alloy: 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 PJ-nning Commission reviewed this application on February 17, 1987 and November 16, 1987, and recommended approval of the r.-oposed variances based upon the following findings: A) Approval of the variance for a s4.de 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 significant enc-oachment on light, air or open space in the neighborhood. B) Approval of a variance for rear setback of 27.1 feet finding *hat the -,t.,ep slopes behind the house makes it unlikely that a hou5,. 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 un 1 ike iy that a house could feasibly be constructed on that property except near Tonkawa Road, far from applicant's house. Page 1 of 4 C) Approval of variance to allow a defined peak height of 35' at the front side of the house, findinv that the steepness and length of the hill behind the house an 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 reighborhood. The structure will not likely be visible from the lake due to the topography of the neighborhood. D) Applicant has revised his proposal so that the existing garage and the house will be zttached, 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 , issue with this application. r) Anplicant has provided information showing that it is feasiole to construct interim repairs to the existing failing septic system. Planning Commission noted that this property is within the Stubbs Bay Sewer Study Area, with a potential for 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 the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light., air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a suhstantial property right of the applicant; and would be in keeping with the spirit &nd intent of the 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 10.23, Subdivision 6 (B) to permit the construction of a house with a defined height of 35' where a maximum height of 30' is normal ly allowed, and a variance to Section 10.23, Subdivision 6 (B) 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 50' rear setback is normally required, subjec* to the following conditions: Paqe 2 of 4 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 attachmen+ of the garage to the house for City review prior to issuance of e 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. 5. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this varianct will expire on that date (November 23, 1988). 6. Violation of or non-comp_iance with any of the terms and conditions of this resolution r.hall constitute a violation of the zoning code, shall automatic,.11y terminate any authority granted herein, and shall be punishable 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 tnis 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. Fiallin, City Clerk James R. Grabek, Mayc-r Property Owner(s F, i q o 3 Cif 4 ZONING FILE NO. 1104 CITY OF ORONO NOTICE OF PLANNING COMMISSION IACTION P.O. Box 66 Crystal Bay, MN 5532A 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 MEETING: 11/16/87 VOTE: 5 For 0 Against Planning Commission reco�ends 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 Feptic sysrem to be completed by July 1st, 1988, subject to reconsideration depending on the status of the Stubbs Bay Sewer Project at that time. 3. Prior ti issuance of building permit, applicant must provide a revised plan showing 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 desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after ieview and approval by the Planning Commission. approval of a 27.1 foot rear setback as proposed. Regarding the variance to the height limitation of 30 feet, applicant has submitted a letter describing his concerns and reasons for the height variance request. The peak of the i.ighest roof will be 28 feet above the ground elevation at the rear. From the front the peak height would be 35 feet. Staff would note that based on the definitions of building height in the code, the open loft space requires that the height measurement go to the peak of the roof rather than taking an average from the eave to the peak. You will also note that many new homes in Ororo exceed the 30 foot peak limitation, but base) on the average peak height measurement, do meet height requirements. The height requirement appears in the code apparently for mainly visL-al aesthetic purposes. Staff would note that in this case the height of the structure will be masked somewhat by the extreme slope above it, hence the house will . of stick up int- the sky, but may appear as blending into the hillside. It is unlikely that this structure will be gisible from the lake. Existing vegetation and the setback of approximatr-ly 175 feet from the road would all tend to make the 35 foot peak height non - obtrusive in the ne ghborhood. Inspector Tom Jacots has indicated that O-he hei nt of this structure will not be a safety concern for fi.: fighting purposes as long as the garage is attached to the structure. Staff Recommendation Giver the information supplied, staff recommor.6s as follows: 1. Approval of a variance for side setback of 12 feet rather than 30 foot required, fi ling that the neighboring residence structure located at that side is more tha- 60 feet away and this variance will not cause any significant encroachment on light, air or open space in the neighborhood. 2. Approval of a rear setbac :ance to al low a rear setback of 27.1 feet where 50 feet is n ,..,.ally required, finding that the steep slopes ahoy' the house ;cake it unl ikely that a house could feasibly he const-ucted on the property to the rear. Noting also 4--hat teat rear property is a')out 2/3 of an acre in area and is uns.-a- red with virtually no location that is reasonably feasible for instal lation of 3 septic system and is not likely to be served with munit-ipal sewer from helow, hence any future house on it would likely be nr-ar T-nkawa Rc-ad. 3. Staff recc-�mmvnds denial a setback variance tram the garage structure to the hous�'- stricture and rec:ommonds that those structures he attached for s3f,•ty pure• sf-s, noting that applicant has constructed footings un,ier the , age so that it is now feasible to attach those two, structures. 4. Staff roco mmends approval of the height var ianco- te) al low a peak height_ of 35 feet from tht- front sido, of the, house finding that the steepnesn and lrrngth of they hi 1 1 hehin 1 the houso and the extent of existing vegetation will tend to eliminate the encoachment of that structure above the existing tree line, and hence will eliminate any visual encroachm of the structure into the character of the neighborhood. Tt ructure will not likely be visible from the lake due to t1. opography of the neighborhood. 5. Staff recommends that the applicant be required to complete interim repairs on his septic system no later than July 1, 1988. Some leeway can be given with that date if installation of City sewer appears imminent in 1988 or 1989 and the existing system is functioning adequately at that point. 6. Staff notes there have been no complaints regarding storage on the property since very early in 1987, and the home occupation aspect of the property has apparently ceased. 7. Hardcover allowed on the property is 35% or 13,100 square feet. The proposed hardcover is 9,500 square feet or about 25.4%. Hardcover is not an issue with this application. 8. Applicant is advised to submit a revised -lan showing the attachment of the garage to the house, if the existing plans do not reflect room sizes that allow that attachment to occur. This item will be scheduled the November 23, 1987 City Council meeting. - I. Certificate for of Gregory Survey Perl in Lots 1-3, Block 2, "Hillside Par ' Hennepin County, Minnesota IAtA .f So desc. 249.7 r++a s. 49.72 -•-�.9 �.. , 30 L. 0r; �— Z07ip N J i p �..? m--•- •� N Novsc �' Ui u— c — .. .0.1 .. ..... :� a �12- 0.14 -- 250 desc. 2�49.77 rr,ea�. R.R. sP�ke o.tt ih s.W. root 30 I hereby certify that 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 location of an existing house thereon. It does not purport to show other i:.iprovements or en- croachments. Date : 10-19-84 Scale: 1"=50' o Iron marker ke.,,xd lo-L7-S i Ta .0,60— $'-'Aye f 1A4.1 GORDON R. COFFIN CO., INC. Mark S. Gronberg Reg. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers & Surveyors Long Lake, Minnesota AN Certificate of Survey for Gregory Perl in Lots 1-3, Block 2, "Hillside Park" Hennepin County, Minnesota r. 5o deso. Z49.7 ►„ee f. 49.7t. "�• 1 ; L_ 0 t 1 ^� ►- 20T ; as,s_-- 1 Ga•uSc N - �L 1 I h �N r' E %S t _ N use i 40.1 6.3 o ...4. 25o dcsc. 249.77 •.•.�4s. �RopesQD NR"v ��i�TIoA/ � 30 I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 1,' and 3, except the West 207 feet of said lots, Block 2, "Hillsir�e ?ark", according to the recorded plat thereof, and the location of an existing house thereon. It does not purport to show other improvements or en- croachments. GORDON R. COFFIN CO., INC. Date : 10-19-84 Mark S. Gronberg Reg. No. 12755 Scale: 1"=50' Gordon R. Coffin Reg. No. 6064 o Iron marker Engineers & Surveyors K#-;Wtd ICA-z7-8-7 Long Lake, Minnesota 1f.,A*w>ai-s! f /A/A COMMERCIAL RESIDENTIAL Michael If. Thvren Construction A Division of Michael H. Thyren Homes, Inc. 4530 Excelsior Boulevard, St. Louis Park, Minnesota 55416 • (612) 920-0027 City of Orono Planing Commission November 2, 1967 To whom it may concern: We respectfully submit a request for a height variance for the new addition at 309 Westlake Street, Long Lake, Minnesota. Thera are three main reasons why we are requesting this variance. The first reason is that existing house is a front walk out with a basement and single story living above it. This existing structure and its height were difficult to design around. Taking this into consiCeration in our design criteria we concluded that the structure to be added to the house would best be handled as a front walk out. We also felt that the cost for creating a completely different type of structure was very prohibited given our budget. Using the existing structure and designing an addition to combine with the existing structure would greatly enhance 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 mature trees and the:.r height, we felt that going up a few extra feet would also enhance the look of the house for the neighborhood and the particular surroundings of this lot as it is laid out. Thirdly we looked at the needs of the Perl family and their relationship to the spaces they wanted to create. By using the dormer area in the house, and creating a loft from that area into the large family room we needed enough height there to create ceiling room so that loft would be feasible. In conclusion w� feel that the design of this house will certainly be an enhancement to the neighborhood, to the city of Orono and to the Perlis life-style. Respectfu ly.$u mitted, Michael H. en MHT/cbh cc: Greg Perl Michael P. Gaffron Custom Ruading and Hemodehng 0 Stec!, Planning and Design MINUTES OF THE PLANNING COM14ISSION MEETING HELD FEBRUARY 17, 1987 41104 GREGG PERL 309 WETLARE STREET VARIANCE PUBLIC HEARING 10:05 - 10:21 -- The Affidavit of Publication and Certificate of Mailing was Noted. Mr. & Mrs. Gregg Parl were present for this matter. Assistant Zoning Administrate;: Gaffron explained the request for rear setback, t.ructure-to-structure setback, side setback variances, and height variance to construct an addition to existing residence. He rev_ d 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 hardship reason for gr-!nting 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 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 ?imitation limits the expansion to the right or ;.pward . 5. Staff recommends that applicant be requested to address how he will handle the home occupation problems on this property. 6. Applicant must provide a to -scale set of plans or revised plans for future review (existing plans filed are 1"=4.3', 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 COMMISSIOIJ MEETING HELD 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 ?amok aesthetically c;ood if there is 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 rain 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 for violations of the home occupation standards, and were under the impression that the issues rad been suitably resolved. Assistant Zoning Administrator Gaffron explained that according to City Prosecuting 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 of the original problems regarding ct.orage of materials and equipment have not been totally solved. Bellows stated she felt the best solution for this lot is starting over with a totally new structure. Hanson felt the variances requested were too great and recommended that applicant work with staff 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, seconJed by Cohen, to table this application per staff recommendation and direct applicant to work with staff for a safe workable plan. Motion, byes 6, Nays 0. #1105 THOMAS HITCH 1180 LY14AN AVENUE RENEWAL VARIANCE 'PUBLIC HEARING 10:22 - 10:25 The Affidavit of Publication and Certificate of Mailing was noted. Thomas & Joanne Hitch 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 473-735" 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 MEETING: 2/17/87 VOTE: For Against Planning Commission recommends the following: XX Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission tabled this application, finding that 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 detailed review by staff and applicant to address the home occupation status and come to some agreement on level of commercial use on the property. ----------------------------------------------------------------- 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 April loth for the April 20th 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. To: Planning Commission Chairman Kelley Orono Planning Commission Members Mark E. Bernhardson, City Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: February 11, 1987 Subject: #1104 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 Li:t 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, 0.5-3.0' 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 failing since its replacement in 1978. 5) Home Occupation License applied for in November, 1985, has never been issued and tags have been 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 materials and debris on site). Tom Jacobs will be following up on this. Discussion: Applicant is requesting to nearly triple the size of his existing house. The proposal requires Fide 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. lie has 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.--- Zr,ning 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 rroblem for the interim. No site evaluation has been submitted as was required of the applicant. In review of the plans, staff also notes that based on existing and proposed grade lines, the proposed structure has a defined height of 35' requiring a 5' variance. The home occupation use of this property is still an unresolved issue. Applicant has not indicated how tie intends to solve the problem of storage of commercial materials on his residential property. Although there are no recent complaints on file, staff does not see this issue going away. The intensity of use of this property fo-r commercial storage and the associated gravel areas do have a bearing en potential septic sites. Staff Reco endation: Staff recommends tabling this application subject to: 1. Applicant providing a site evaluation and desit,i. for interim sEplic repair/upgrade to handle the proposed h,luse. 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 mainsain 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 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 must provide a to -scale set of plans or revised plans for future review (existing plans f i led 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. HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property c nditions preventing compliance with Zoning Code Requirements: < r r g, QL? D i .1 A u (' A- 1 1 !111) % 1_ n c .•- r ,'t Al 1; _ oAAi ;,J ­4 T r) ,. r• A 1 6q l--r' m UIRED SUBMITTALS Completed Application Form 2O. 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 ized envelopes (#10) pre -addressed to each of the names on the abo list with no return address. 4. Certificate of s rvey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ---------------------------------------------------------------------------- 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. p Applicant's Signature o Date S 8 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 vr,ification of this request. _ Owner's Signature (] `�- Data ---------------------------------------------------------------------------- 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 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. l rl r_,Y�0-44116W44 -ls . n1. - '. 1 i 52 h M � I OU% DATE 01/09/87 HENNEPIN COUNTY PROPEFTY INFORMATION SYSTEM REPORT 1IO. PI43S.01 PROPERTY (4'1ERS LIST PA;;[ 3 CATCH 002 38 05-"17-23 23 0004 FPGP POOR 03965 DAYSIDE RD O::t.ER NAME L t M KOZIOL TAXPAYER LOUIS A & MARY K. KOZIOL NVIIE/ADDR 3965 BAYSIDE ROAD LCN7, L-KE t:N 55356 38 05-117-23 23 0012 PROP ADDR 0033Z WESTLAKE ST =kIER NAME F E LPWRY ETAL TAXPAYER FRAKK LOWRY NAME:ADDR 332 WESTLAKE ST LCt7;, LAKE tiN 55356 38 C5-117-23 23 0021 PROP AOn: n03O'4 WESTLAKE ST O::!JE ' FRANCES S PACK RD TAX! G^EGG S t BETTE J F .RL N= . 309 IJ LAKE ST LONG LAKE t41 55356 33 35-117-23 23 0024 PROP ADDR 00341 WESTLAKE Si CW::EQ NAt1E PATTY H FARNES TAXPAYER RC!IAA OLSEN NAIIE/ADDR 341 4 LA:<E ST ORONO Mil 55356 PRCP ADDR C:!IER 1IA1.E TAXPAYER TOTAL BATCH 002 00012 NAME/ADDR 38 05-117-23 23 0009 03395 BAY:-uc L A J HAPPEN LEE C HAGREN 3395 BAYSIDE ROAD LONG LAKE MN 55356 38 05-117-23 23 0013 00340 WESTLAKE ST PHYLLIS W STENDERSON PHYLLIS W STENVERSDN 340 W LAKE ST LC.,'!; LAI E M!1 55356 38 05-117-23 23 0022 00325 WESTLAKE ST R L 0 OLSEt1 ROUALD G OLSE14 341 WCST LIKE ST LONG LAKE t^1 55356 38 05-117-23 23 0025 00349 WESTLAKE ST E T ALJER--'J!4 i M L PICKETT EDNA T At0[P!;0N 349 W LAKE ST LON3 LAKE Mt1 55356 38 05-117-23 23 0011 00324 WESTLAKE ST t- E MILLEP ETAL CHAS E MILLER 253 CHARLES ST LONG LAKE M 55356 38 05-117-23 23 0020 E W SPENCER V AL E W SPENCER 405 TCI:V AWA PO LOt* LAKE "1 55356 38 05-1.7-23 23 0023 R i 0 OLSEN RONA1.0 G OLSEN 34. �T LAKE ST LC!* LAME tJ4 55356 38 05-117-23 23 0033 M G L S R FILE'RA`:7T MICHAEL FILIPANDT 3';:0 BAYSIDE RD MAPLE PLAIN MA 55359 �,•rti ': cci` A of S u r v n y rG' Grego. Pert �n L ots ?-3, lock "11i1.-4c nark" Hennepi- County, Ninnesota 250 .. 249.7- 49.72 F-'1!1' ' 0 Lz( i �o �Cao O 1 4__ - ,• — M►�. 0 C•iSt�r� rC�----L.�.�— �•1SaM Ts �w.ft.ti. N�wl --sl• P-A�% F•! Den,lyf�w, Ilj 40 I;i �� ZS4� 3 01 ...4S.4 •�iZ_ o.i4 � � 250 JCSf_ 241.77 h�C43. fz R SPiKC 0.1t 30 hereby certify that this is a true and correct representation " a survey of the boun(-iar ^s of Lots 1,2 and 3, except the West r'')7 feet of said lots, A?o^k '_, "Hillside Park", accordiner to the recorded plat th-•reof, and the lorati.on o: an existing hnuse 1here•,r. It dons not purpor, '.o shoe other-,niprovements or en- r�ac;.c�rrr.t� . GO" I," r:. r0E P TN' CO. , itic. Date ; (',_ ; "—.,1, Mark r . Gronberg Red;. No. 127r-5 Gordon R. Coffin Rer. P:o. 606)1 o Iron marker r>ngineers & Surveyors Long Lake, Minnesota 2 S 0 esc I .a ti 1 I ;. �- 'ten •,VS. �1 fr ti ,Mnt pnv ° --- 1 'ww.eyox.v o J I LwwA, I IOR AIMt -- � `� --- ---,s , •' . --------- . _ .. -._. - � < � _ _--- ram- „�., ,.,.. r reibs/T _ - _ --- - - -- - H r,a,� T-te-t� •I Y 14- t 1 CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 5W23•Municipal Offices On the North Shore of Lake Minnetonka. Date:, / — (— e 7 Name: CzAa444- ._e ,,�C Address: S Address : The Building and Zoning Department is in receipt of your application for a building permit, which was received by this office on / — .T - ('7 A review of the application finds that the following information needed for review is missing: Signed Application Form Certificate of Survey Site Improvement Plan (Driveways/Landscaping/Sidewalks/Decks/etc.) Grading and Drainage Plans Specific Building Plans Exterior Elevations Details and Sections: Mechanical Designs Energy Calculations Specifications: Additional Sets of Plans Required ( ) ]County/State Driveway Access Permit On -Site Sewage Treatment System Site Evaluation or Design Report Hardcover Calculations Other (specify) WjVariance/Conditional Use Permit Application Required - Contact (Zoning Department Immediately at 473-7357 Review of your application will not continue until the noted items are received. Failure to submit required items immediately may result in delays in issuance of permits. Please contact the Building 6 Zoning Department at 473-7357 if you have any questions. Sincerely, J anne A. Mabusth, Thomas J. Jacobs, Zoning Administrator Senior Building Inspector WILDING& ZONING - 473.7337 s AIWINISIRA 110% & I•1%AN(4 - 473.7353 • P141I K* %ORKS - 473.7359 ASSPSSING `J ADDRESS CODE CITY OF ORONO SEPTIC SYSTEM INVENTORY CARD Dote Connected to Municipal Sewer Address Property I.D. CIS ` ?- ? ? OOZ Standard trench CAS /� Z� 3 dLoeae Z G Mound System type ❑ Other _ Legal Description �Z321a " ZS�i Pe_.•mit No. ��-3 Da:e of permit Installer 4)►Dt'f'1r/e N -). Bedrooms Garbage But!ding type JE'E ;) pt /\1t; or GPD E3 Laundry A_Dishwasher /UQ Disposal.A&j SEPTIC TANKS: Material nt�•f gL('>C ,� EAdCt ,apacity 1) �¢t 2) -7�U Proper outlet and inlet QC Baff{r . _e"_`�-/C FiRaft-w3S Liquid dentf+ to RO level Height of tank botton above water table 111,11 K Distance to nearest building 2 O ` - DRAINFIELD. Total length of lines 16 0 Number of lines 7 Trench width T�t3l trejt,r+ent arra (sq. ft, _72-0 Height of drain field above water table ! It TL pe of fitter m3terral "' " r 2- Ate_ S:i; l type At ACIC SaW DY CLA Y LOAI't/l D,stance from nearest bldg 7 C fi Tile s;ze 11Perc rate min/in 11 � s A 11 Depth of fill over drainfield 1 Z —!g _Depth of rock over the Z _ y -under the 1 �'- %[a WELL DATA J - � 0 � 1 o m L_ m ^� O c v � 3 � E a O V _ \ 0 CL E J 0 M Y u �1 W a � r. E L o n a� c O u U O a INSPECTION RECORD PUMPOUT RECORD DATE COMPLIANCE DATE GALLONS 6 ,� T yr r CONFORMING S _SUBSTANDARD N —NONCONFORMING LOCATION SKETCH 0 32to - 37 1 S M.�i to T/WK • WITU&J 6-11" of •48 tKaFwci 571 CCEAI-V"t r•PC IN'a:; (/X_dm W . G•1N Icy S T . Include: 1) Well location 2) Distance from house to septic tanks. disc. box, and drainfield 3) North arrow and road CITY of ORONO Post Office [lox 660Crystal Bay. Minnesota 55=1&Municipal Offices On the North Shore of Lake Minnetonka October 14, 1987 Greg Perl 309 Westlake Street Long Lake, MN 55356 Re: Re -opening of Zoning File #1104 regarding variances for house addition. Dear Mr. Perl: At 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 Ey 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 er hardship reason for granting the structure -to -structure setback variance, or revised plans to show house attached to garage staff recommended denial of the variance and recommended that aF icant redesign to maintain the 10' setback between the struc�u-es c attach the garage to the house. 3. Staff recommended approval of the side setback variance given that the addition is no closer to the side lot line than the existing house. 4. Staff recommended approval of the rear setback variance given that the septic system limits expansion to 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 problems on the property be addressed by the applicant and be resolved. 6. Applicant was directed to provide a to -scale set of plans or revised plans for the City to review (existing plans filed are 1"=4.3', not a workable scale). Applicant is to provide an updated survey verifying the location of the garage. 7. Applicant is to provide acceptable justification for the height variance or redesign the structure to eliminate the need for that variance. HVIL DING A ZONING - 471 7 357 • ADMmis rR %TIU . A Fl%.%%( 1 313.1158 • 1't'III W WORKS - 473-7354 ASSESSING 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 n-t suitable for 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 this as an interim case because sewer is contemplated for the Westlake Street area. Normally with the type of soils and the depth to water table indicated a mound type of drainfield system would be appropriate, however, given the sewer situation, it woule'. seem appropriate to add less costly trenches to the existing system as an interim measure that would not be expected to solve the existing prnhlem on a long term basis. Note that the Planning Commission did not recommend that the septic system interim repairs be completed prior to continuing the review, only that a report be submitted. We would expect that interim repairs take place this fall or next spring if necessary. Under Item #2, we have yet to receive a revised set 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 #5, :he home occupation problems have not re -occurred and appear to no longer be an issiie on the property. Regarding Item #6, we have yet to receive a scale set of plans and we presume that you will be resubmitting a revised set that are of a workable scale. Also, before the application can continue you must provide an updateu survey verifying the location of t'^ existing garage. The survey submitted previously did not accurately depi.t the existing garage and that is critical to this application. Regarding Item #7, if your new design does not eliminate the need for a height variance, please address in writing the reasons why that variance should be approved, i.e. show why you cannot redesign the house to meet the standards. Once the items noted above have been completed and submitted, I will be pleased to Wiring this application back to the Planning Commission for continuation of the 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 feasibly be scheduled for would be November 16th. I would need all information in by Monday, November 2nd. 1 . Y Greg Perl, 309 Westlake Street October 14, 1987 Page 3 of 3 To summarize, the following items must be surmitted 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 plans should show that the 30' height limitation is not exceeded, or submit an accompanying letter describing why the house can't be redesigned 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 question, or comments. Sincerely, Michael P. Gaffron, Asst Planning & Zoning Administrator MPG/tln cc: Jeanne A. Mabusth, Building & Zoning kdministrator Thomas J. Jacobs, Building Official Lyle Oman, Field Inspector Mark E. Bernhardson, City Administrator 71 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING A VARIANCE TO MUNICIPAL ZONING CODE ST:CTION 10.22, SUBDIVISION 1 (B) FILE NO. 1199 WHEREAS, Richard & Gay Kelly (hereinafter "the applicants") are the owners of the property located at 425 (xfcrd Road within, the City of Orono (hereinafter "City") and legally described as Lot 2, Block 1, Stielows 2nd Addition, Hennepin County, Minnesota (t�reinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allow the construction of a new residence that would encroach 65 feet into the average lakeshore setback area where no encroachment is ailowed. NOW, THEREFORE, BE IT RESOLVED the ri.t Council of Orono, Minnesota hereby denies the variance application of Richard & Gay Kelly as proposed based on one or more of the following findings: FINDINGS 1. This application was reviewed as Zoning File #1199. 2. The property J.s located in the LR-lA Single Family Lakeshore Residential Zoning ,district and subject to the standards that govern the development and use of all lakeshore properties. 3. The property consists of approximately two (2) acres in area and contains 230 feet of shoreline along Lake Minnetonka. 4. The property consists of moderate, level topography. re is no unique physical feature of the land within the definjc, lding envelope that would inhibit residential construction. 5. Th applicants have stated that to place the house at the avo& setback line would necessitate the removal of large, mature trees am-%... original landscaping planted with the orignal residence. Staff has demonstrated that the majority of these plantings will be saved if the house is placed behind or at the average setback line. 6. The applicants have asked that the house be allowed to be rebuilt within bu ' 'ing pad area of original house. The original. house was 1/6th th� ze of the proposed house and was removed pricer to construction of existing residences or adjacent lots and as a result was never considered in the defining of the average lakeshore setback. Pan- 1 of 2 0 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. The applicants have suggested that to build the house at the required average setback line wc,,,,�i require more filling than if the house is placed at proposed location at higher elevations. The filling required at the average lakeshore setback line with lower elevations has less of an impa--t on the amount of fill required as the size of the proposed house. 8. At the October 1( 07 Planning Commission meeting, members unanimously voted to the application as proposed based on the following findings: A. The applicants have failed to demonstrate sufficient or acceptable hardships. B. There has been no real attempt on the part of the applicants to compromise or deal with the concerns of the neighbor to the south. C. The Placement of the entire house in front of the average lakeshore setback line is not a reasonable compromise. 9. The City received a letter dated 10/19/87 from 011ie Petersen, the most affected property owner on the south side of the property requesting that the City deny the varianc^ requested. 10. in denying this variance application, the City is not depriving the applicants of the continued njoyment and preservation of st..•.tantial propert right. There is adequate area to er^ct t, proposed house within the legally defined building envelope of the property. 11. The reasons as presented by the applicants are not considered hardships within the standards set forth in the Munic: Al Code to warrant approval of this variance request and, if-pproved as proposed, the City would be responding on the basis of a convenience to the applicant. 12. Council cannot approve this variance application a proposed by the applicants because of the negati—e precedent r incil would establish in the consideration of other similar app: tionr, in the future. Council must ask th the applicants construct a house on the f•roperty that will conform co all required standards of the Zoning & Building Codes. Adopted by the Orono City Council on this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor nqe 2 rF 2 TO: Mayor Grabek Orono Council Members City Administrator Bernhardson FROM: Jeanne A. Mabusth, Zoning Administrator DATE: December 9, 1987 SOBJ: #1216 Clark Winslow, 1595 Bohns Point Road - Amendment of original Conditional Use Permit/Variance List of Exhibits - A - Original Plan B - Amended Plan C - Cross Section of shoulder of road At the request of the City of Orono, the applicant has agreed to reopen consideration of application #1216 that involved the dredging and removal of 1548 cubic yards of spoils from a designated wetlands. In the process of making borings in the area to be dredged, the contractor discovered extensive pockets of yellow clay. The soi-l's stability - cohesive, plastic qualities are excellent for City to use in restoring and widening shoulder areas of Bohns Point Road. Please note these soils are not customary spoils ladened with rich nutrients. There is no danger of contaminating water quality of runoff to and from wetlands. Portions of the road right-of-way are located within the wetlands. The area of the road restoration runs a distance of 130 feet adjacent to wetlands for a depth of 12 feet. The 650 cubic yards of clay will be deposited or filled within the east edge of the wetland. Winslow has agreed to excavate the west edge of the existing wetland to compensate for filling on the east side of wetlands. Staff recommends approval of the land alteration that would allow the filling of the designated wetlands located within the road right of way of Bohns Point Road based on these additional findings: 1. The land alteration will greatly improve the existing load by widening the road bed and providing gentler slopes adjacent tc wetlands. 2. Ownei of adjacent property will provide additional ponding area on his property to compensate for fill of wetlands. Resolution #2296, approved by Council on 11/9/87, has been amended to include this final land alteration. This amended application will be presented to the Planning Commission at their 12/21/87 meeting as an information item. The scheduled dredging by the applicant and the normal schedule of the Planning Commission meetings made it impossible to schedule at the Planning Commission before Council action. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION iq FILE #1216 WHEREAS, Clark Winslow (hereinafter "the applicant") is the owner of the property located at 1595 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as Lot 2, Block 1, Beth and Bridget, Hennepin County, Minnesota (hereinafter "property"); a.,d WHEREAS; the applicant has made application to the City of Orono to permit the dredging of 1,546 cubic yards of spoils from a pond approximately 1/2 acre in area and the excavation of 650 cubic yards of dry land area adjacent to the pond to compensate for filling of road bed located on east side of pond requiring a conditional use permit per Section 10.03, Subdivision 19 and per Section 10.55, Subdivision 8 seeks approval of a variance because the pond is classified as a designated wetland. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1216. 2. The property is located in the LR-lB Single Family Lakeshore Residential 7 )ning District. 3. The property is approximately 2.12 acres in area. 4. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed variance to Section 10.55, Subdivision 9 allowing the dredging of a designated wetland, and recommended approval of a conditional use permit per Section 10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of spoils from the pond, based on the following findings: A) The actual alteration will involve only 25% of the pond area at approximately 1/2 acre. B) The proposed depth of 12 feet will reduce algae growth and pond orders. C) The scope of the overall project is minimal and will result in a negligible impact on the lake and wetlands. Page 1 of 4 D) In a report dated October 12, 1987, the City Engineer Glenn Cook had the following comments: i. The proposed alteration will improve the sed4.mintatioi, capacity available and widlife habitat. i.i . The proposed alteration would not apl ear to have any lcng term adverse effects on Lake Minnetonka. iii. The alteration will reduce the assimilative capacity of the marsh slightly. 5. Based on a review of the necessary findings in approving the alteration of a protected wetland, the Planning Commission made the following findings: A. The proposed alteration will not restrict the passage of flood water or run-off. B. The alteration will not pose a danger to life or property. C. The proposal appears to be compatible with the City's desire to preserve natural land forms, vegetation and wetlands. D. The alteration will provide greater storage or retention of run-off as a result of the increase in depth. 6. The land alteration will greatly improve the safety of the users of Bohns Point Road by widening the road bed and providing gentler slopes adjacent to wetlands. 7. The applicant has agreed to excavate an adjacent land area of the wetlands to compensate for area filled on east side of pond with the improvement of the public roa,'. 8. The City Council finds that the conditions existing on this pro- perty 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 applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a s,'-stantial 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. 9. The City Council finds that granting a conditional use permit to allow the dredging of the wetland will not be detrimental to the health, safely or general welfare of the public, would not adversely Page 2 of 4 affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more -of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of spoils from a wetland on the subject property, subject to the following conditions: 1. Prior to dredging, silt fencing must be installed near the pond outlet. 2. Applicant shall excavate 650 cubis yards of dry land area to compensate for filling of designated wetlands per plans referenced as exhibit B in Council packets for December 14, 1987 meeting. 3. The hauling of the spoils shall not take place on Saturdays or Sundays and shall only be c,)r.ducted Monday through Friday, 7:30 a.m. to 4:30 p.m. The City must oe advised in writing if there is a valid need to vary from this approved schedule. 4. 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 9, 1988). 5. Violation of or non-compliance with any of the terms and condi- tions of th s resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, u,.a-rstood and hereby agrees to the terms of this r..�solution and on ber •lf of himself, his heirs, successors and assigns, hereby agrees :o the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, c'icy Cler% Property Owner(s) .James R. Grabek, Mayor Page 3 of 4 kz- 5;6. laws Elk D' CiM 41A 0C, C% AMANN.7 "W-AX A!,T8.- 4 " —, I It FrVr .5 EX #f CAMILS M 4�v r�.n • .r ,,� . OF 21. �� \ `\��a ! w yew � ,, .� � " `;� �, — — _ _ ._ — _. j)ao posli I-) pot4to (.)I C, Fr,Jjr. Ar'l� ALL O � N I Ali 237os e 1 .40 CS got,— 0 43 • 4 OL..00 IC> caKAt*,- 1-1 LAck, 11 N C.�. f -- PLANNERS 0 43 • 4 OL..00 IC> caKAt*,- 1-1 LAck, 11 N C.�. f -- PLANNERS i5B7 To: Mayor Grabek & Orono Council Members ia.d City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: December 7, 1987 Subject: #1217 James Taylor/J.M. Fearon, 1160 Tonkawa Road - Variance - Resolution Application - Hardcover variance to allow construction of a ground level deck. Zoning District - LR-lB, 1-acre, sewered List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Planning Commission Minutes of 11/16/87 Exhibit C - Photographs Entered as Ex;"it.its on 11/16/87 Exhibit D - Memo & Exhibits of 11/13/87 Pertinent Facts - Hardcover: 0-75' Existing = 2.8%, no change proposed 75-250' Existing = 34.2% Proposed = 36.6% Average Setback - no variance required. Discussion - Please review the memo and exhibits of November 13, 1987. Applicant proposes to construct a ground level deck on the lakeshore side of the existing residence. The proposed structure is approximately 90' from the lakeshore. Because the neighboring residences are both closer to th` lakeshore, there will be no encroachment on neighboring views of the lake. Planning Commission reviewed this application at their November 16th, 1987 meeting and recommended approval 5-0 based on the following findings: 1. The proposed deck area is already partially hardcovered by an existing patio area. 2. There is -tittle or no extraneous hardcover on the property that can be concurrently removed in order to minimize t'ie hardcover increase. 3. Removal of hardcover in the existing driveway and backup apron could cause a potential access hazard to Tonkawa Road. Staff Recommendation - Stafi recommends approval per the Planning Commission recommendation per the attached proposed resolution. City of ORONO RESOLUTION OF THE CITY C JNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1217 WHEREAS, J. M. Fearon (hereinafter "the applicant") is the owner of the property located at 1160 Tenkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a ground level deck which will result in excess hardcover in the 75-250' lakeshore setback zone over and above the 25% hardcover normally allowed in that zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1217. 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. The proposed deck area is already partially hardcovered by an existing patio area. B. There is little or no extraneous hardcover on the property that can be concurrently removed in order to minimize the hardcover increase. C. Removal of hardcover in the existing driveway and backup apron could cause a potential access hazard to Tonkawa Road. 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 welfaro -if the community. Page I of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a 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 JLND CONDITIONS Based upon one or more o` 'ie findings noted above, the Orono City Council hereby grants a vari per Municipal Zoning Code Section 10.22, Subdivision 2 to permit th instruction of a ground level deck which will increase the hardcover in the 75-250' lakeshore setback zone to 36.6% where only 25% hardcover .:; normally allowed, subject to the following conditions: 1. Hardcover on the property shall be limited to the followi -7: 0-75' (Lot area = 8,497 s.f.) Concrete Stair = 40 s.f. Flagstone at NE Corner of Property Around Treed Area - 200 s.f. ------------- TOTAL = 240 s.f. or 2.8% 75-250' (Lot area = 19,204 s.f.) House = s.f. Driveway Existing Rock & Front Block Sidewalk g f. Proposed [ -ck = f. TOTAL 7,0- f. or 36.6% The applicant is advised that no further increases in hardcover will be approved, but might be approved only in conjunction with ccncurrent removals of existing hardcover. 2. Authorities granted with this resolution run with the property not with the applicants, but are perm sive only and must be exercised by application for a building per Lt within one year of the date of Council approval, or this variance '.11 expire on that date (December 14, 1988). 3. Violation of or non-compliance with any --)f the term6 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. Page 2 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL MO. 4. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assign hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Co-,: ci 1 -n ..his 14th day of C 7ember, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Gr, k, rlayor Property Owner(s) MINUTES OH THE PLANNING COMMISSION MEETING HELD NOVEMBE:i 16, 1987 11215 SMITH BAY MARINA 1955 SHORELINE. DRIVE CONDITIONAL USE PF`U4IT SECOND RFVIFW Gerald Tobermar was present for this matter. Mabusth shoved the Planning Commission a photo of a seawall similar to the proposal. She noted th a site plan has been submitted and the photo submitted Li. plr :a of e l ,_ vations. Taylor felt that it wou],3 be an improvement to the ighborhood. 1 l ow:, felt the prop(. ed seawa 1: was a better lternative to rip rap. S`e recommend staff ar rove the .reated %iod that is used -or caps_ ..t was moved by Hanson, seconded by Bellows, to recomrr.end approval per staff recormer►dation subject to bu ld.ing permit being obtained and treated wood or alternative cap ieing apr d by tie Building Inspector. Motion, Ayes 5, Nay L. 1121-7 JAMBS TAYLOR/J.M.FEARON NICAWA ROAD VARIANCE PUBLIC HEARING �:1.3-8:21 The Affidavit of were noted. Publication and Certificate of Mailing Eippii.-Cent James T,�.y: or and owners, Michael s Julie Feax n, wexe in -t f,r this matter. ffron exl" ned t► • request for a hardcover variance to allow rep.L3cement of an existing block patio with _. larger ground level decl The proposal includes a foot s-reening gall along the south side o: c:,'ck. Staff finds no view encroi chm���-'- 75-250' proposed hardcover is 3f.68 (' 4.2 exist; =r finds -r ie extraneous harp ►ez t1, .~ could be removed as a trade -of f. Jet,.eo Taylor submi�.tod pho*-s of the two adjacent pr, grties that have dec;.s located in front of ` i- proposed deck. Commission member Taylo- noted the letter fit Fearon's regsrdino the pruposr1 and hardship. HaT cr; fF•lt the mpact of : ncrv:ased 75 •750' h -c w(_ Auld t: minima". 6 MINUTES OP THE PLANNING COMMISSION MEETINC, HELD NOVvMBER 16, 1987 #1217 TAYLOR/FEARON CONTINUED There were no comments from the public regarding this matter and th( public hearing was closed. It was moved I Brown, seconded by Hanson, to recommend approval as proposed. Motion, Ayes 5, Nays 0. #1219 ORONO COMMUNITY CHURCH 770 OLD CRYSMAL BAY ROAD AFTER-THI, 7&L7 CONDITIONAL USE PERMIT PUBLIC 'AI(INu 8:22-8:26 The Affidavit Publication and Certificate of Mailing were noted. Ingeborg Cici, .,,4ner/Director o'L" the ?.usy Beaver Day Care, and Gary Connell, representing the Orono Community Church were present for this matter. M busth explr:ine�' -he request for the after -the -fact conditional 4,.� pei-it applicaticn of Orono Community Church that would allow designated areas of the church facility to be used by Busy Beaver Day Care for day care use, which Planning Commissic.i and Council have conceptually approved. She noted that- all conditions requested by the BuilCing Inspector have been complied with. There were no comments from the public: regarding this matter and the public hearing was cloy J. It was moved by H.•,ison, seconded �y Johnsen, t-., recommend approval per % 3f f recommen(-- Lion. Motio: , Ayes 5, N;vys 0. #1220 ROBERT ROFHNEN 537 HANLON AVENUE VARIANCE PUBLIC HEARING 8:27-8:7 The davit. of. Pi :jl i a.- Certificat . of t'-:; ? ing were nc ted . Robert Koehnen was pr­sr:.t for this matter. Gaff_ . explained the regc . for a frog* setbac); variance to constr a 16'x 24' room addi,*_ on to tht south side of the .. .Ldenre. The aAdition continues the front and rear lines of the vx} sting house, which is slightly skewed on the lot resulting in slightly de�-reased front setba: k from what now t s. The addition will bp 38' from the edge of tl. raveled 7:adwa­ Due to th,, 1t -tion of the existinq se, any addit iuld requi-e ;etback variance. 7 TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATE: November 13, 1987 SUBJBCT: #1217 James Taylor/J. M. Fearon, 1160 Tonkawa Road - variance - Public Hearing Zoning District - LR-1B 1 Acre Sewered Application - Hardcover variance to allow constructio.. of a ground level deck. List of Exhibits Exhibit A - Application Exhibit B - Plat Mar_ Exhibit C - Property Owners List Exhibit D - Survey with Applicant's Hardcover Calculations Exhibit E - Deck Plans Exhibit F - Applicant's Letter of Request Pertinent Facts 1. Hardcovex. Lot area total 28,046 sq ft Lot area 1-75 = 8,497 sq ft Lot area 75-250 = 19,204 sq ft Existing hardcover 0-75: Concrete stair = 40 sq ft Flagstones at northeast corner of property around treed area = 200 sq ft (estimate) Total 0-75 foot hardcover = 240 sq ft or 2.8% 75-250 foot hardcover existing; F sting house - 3,675 sq ft Existing driveway - 2,052 sq ft Existing rock and front block sidewalk = 540 sq it Existing deck = 300 sq ft Total existing 75-250 foot ha- cover = 6,561 sq ft or 34.2% Proposed new deck -- 765 sq ft; 765 sq ft - 300 sq ft portion over patio 465 sq ft additional hat -aver Proposed 75-250 hardcover -.,032 sq ft or 36.6% Discussion Applicant is proposing to replace an rxisting block patio with a somewhat larger ground level deck. This deck is intended to have a 7 foot screening wall along the south side. Both tt deck and the screening wall are approximately 14 feet from the south side lot line, hence would not be considered a view encroachment. There is no encroachment into the average lakeshore setback since the existing residences on both sides are much closer to the lake than the applicant's house. Staff would note there is only minimal existing hardcover in tlae 0-75 foot zone. The additional hardcover proposed with this deck is wit„in the 75-250 foot zone, approximately 90 feet or more from the lakeshore. In reviewing the existing hardcover on the property, staff would note that there is not extensive extraneous hardcover, although it would probably be feasible to remove some portions of the existing rock beds under lain by plastic and/or portions of the existing driveway backup apron. However, given the nature of the topography at the driveway entrance to Tonkawa Road, staff would not recommend any extensive removal of dr 'way backup apron that would limit applicant's ability to acce foiward onto Tonkawa Road. In the 75-250 foot zone, 1% hardcover is the equivalent of 192 square feet. It ;s probably feasible only to remove 100-200 square feet of thf sting hardcover on the property, which would bring the fin,.. rdcover percentage to between 35 and 36%. As is found with the majority of similar hardcover applications for existing houses in Orono, the main apparent hardship appears to be the size of the lot and the fact that no additional land is available for purchase, although the same hardship argument is presented whether the property contains 1/4 of an acre in a 1 acre zone or 3 acres in a 1 •,gyre zone. The commonly presented hardcover hardship is that the size of the existing house, and the necessary driveway and si ;ewalks to serve *hat house, in and of themselves exceed the normal limitations of hardcover in the various zones. Staff would note that the residence structure on this property is one story and spreads out over the lot rather than r, :ng constructed upwards. Obviously there is no ether locatioi, that would be considered feasible for construction of a deck. Staff Recomwendation Staff would ecommend approval of the hatdc,-:r variance for construction of the proposed deck. It would .,,I appropriate to request that the applicant address whether there are other areas of hardcover on the property that can be removed to minimize the degree of hardcover increase proposed. 1J,A LL; t U / i I I I i I _ . Fee Receipt Initials D CITY OF ORO99 - VARIANCE APPLICATION Initial Application Fe $150.00 ($50.00 per each additional variance) Renewal Variance Fee $7 . O--tno change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1160 7-0 4jyrCV A rNcc - Property Identification Number (P.?.D.) - /- -214 3 Please check one - Is the property abstract or tOrrens? Attach legal description to application if not included on requ-sjqo-put>+- - - - - - - - r-c rr*t +4-c�r►ce�r- APPLICANT �1 Phone (home)-1� --ter Name 14wtic :L�yLO /Z Phone (work) •�: --S 1 `t'.00 p r�1 - 15V - 00 Address: ASS !«S/CF vle-City: Mwb a zip:�I YpL' ----------------------------------------------- -_--�7.-,r;l1 *rP: OWNER (if different than applicant) Phone (home) 147 -78 may`.`..=, 101106A Name Jo iw m' e UA GL 4:254&Ad Phone (work) Address: 1((oD -JZ lyk/4c).4 City:QiQONO Zip: SS3sk i Date Property Acquired _ sew 7- / 6 7 (month/year) I (do) (do not) also ow- the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District l CZ Present Use of Property kesidential I Other (specify) - ------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Describe request in detail: WE LtKE A �+►��' `�����°'r� © F- 34 z, . �e ek t- fa ' Q-v rstfE VARIANCES REQUIRED Lot Area Lot DJidtir Setback Variances ( Front Other _ -------------------------------------- Hardcover Side Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: --------------------------------------------------- ------=----------------- OIRED SUBMITTALS �1. Completed Application Form ?� Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). (3 Stamped, legal sized envelopes (#10) pre -addressed to each of the j (40'1 names on the above list with no return address. Certificate of survey including hardcover calculations as required. 4_� 1 . P] Map. ------•-------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your varit.nce application is not complete i' the abov+ information has not been included. -------•------------------------------------------------------------------ Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT 1 6 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 r;upplied is true and c rect to the best of his/her knowledge. �� Applicant's Signature Date S Z7 4 & 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 verif' 4 f,request. Owner's Siona rc ��� Date �n ---------------------------------------------- -- ---- ----------- Applicant m �a•e 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 meeting:= of the Planning Commission and Council, and, if an applicant is up.­ble to attend a scheduled meeting, to please make arrange- ments to have authorized agent attend in your place and to advise the Jui lding 6 Zoninr7 office of this change prior to the meeting. I !ec I X �. 13rf of LOT 13 44 • 2.� o,o -40 #I off 13 ko 1 5 81J,51 $92 p!t 9 �� out�loll oT LOT IIL CARL WOOD - 41373 �1 i mil, b * Y'% ry o3s�sr ti'B6°E�/9%' EaSl hh��0 �ibot E - i0 Ea r r ' 3�. Z� - •—_ -- - III ` .' Part of UpT 7pie all c Rlltl DATE 1r./Ol/87 BATCH 008 38 08-117-23 13 0005 PROP ADDR 01200 TONKAWA RO 0:.'t:ER t�AHE WILFRED PEPPER A WIFE TAXPAYER WILFRED PEPPER MM-c/AODR 1200 TOMAWA RD OF7tl0 MN 55356 38 Od-117-23 13 0008 PROP ADDR 01140 TOt."AW1 Rl =IER NAME R A K KYLE TAXPAYER RICH.A•RD A K :THLEE:•: KYLE NAME/ADOR 1140 TCl.KAWA ROAD LOtw LAKE t4l 55356 38 08-117-23 13 C:17 MOP ADDR 01185 TOt:XAWA RD 0:."•7 2 HIM D W COPLEY A" A COPLEY TAXPAYER DCN W A PAT'( r. COPLEY KAME/ACOR 1185 Tf ::"CAaA RD LOtSG LAKE rN 553:6 HEt&IEPIN COUNTY PROPERTY INWORMATICH SYSTEM PF'7PERTY OWNERS LIST 38 08-117-23 13 D006 01180 T011KAWA RD SHIPLEY J HETIDERSON SHIPLEY J HEMEPSON 1180 TONKAI:A ROAD LONG LAKE MN 55356 38 08-117-23 13 0009 01120 701"CAWA RD J A A BENT JOIN G A At..IE L BEMT 1120 TOt"CAWA RD MONO t?l 55356 38 08-117-23 13 0018 01205 TOt1KAWA RD THOMAS H C-MITH L WIFE THOMAS H S 11TTi 1205 TONWAWA RD LONG LAKE MI REPORT ►10. PI435401 WAGE 14 38 .7-23 13 0007 01160 TVIKAWA RD J M FEARON A J A FEAPCH J MICHAEL A JULIA A FEt.PCN 1160 T01:YAWA RD OPGNO tRl 55356 38 08-117-23 13 0016 01145 TCtt"AWA RD G A A DIETZ ��-- GEORGE A ANN DIETZ A ", 1145 TCII'A A RD L=; LAKE HN 55356 F1 TOTAL BATCH 008 00003 r I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFO^.MATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HUZZEPIN COUNTY DEPARTY.ENT OF PROPERTY TAXATION. TO THE BEST OF MY Kt.'OL:LEDGE A M BELIEF.j/W?] DATE �� BY CIT. LOTS TOPOGRAPHIC RAPPING N scam �"•:' LAND SURVEYOR REGISTERED UNDER LAWS OF STATE OF MINNESOTA L ICCNSLO ST OIIOINANCLS OF CITE Of-INNL-OLIS 3300 LYNDALE AVE SO MINNEAPOLIS 8 MINN TAYLOR 4.0370 0 iniJicafaa icon �nw�Iv��•c..is DETAI �. Sc.hLE So' *ucbepor_s (Ftclificale fp � I \ `� _ 101. 'E.„E: t , � V►o Z .✓ DP— I -T W \ 1D V3 E L.I /--' L 1 `%'� (, 3L C, I AG- SNMITE,. LAII[�NOII[ Iu01C UL IF 7 1 07 2 smr- ejr 00, •;-l-,xlo Ito 37 -- - weir Cf va .42-- rdf � , ' ` / October 2, 1987 TO WHOM IT MAY CONCERN: The prima.y reason for the construction of the proposed patio deck, attached to our nome, was one of safety/convenience as my 75 year old mother relocated from Seattle to Minneapolis concurr.-:,t -k;ith our September occupancy of 1150 Tonkawa Road, Orono, Minnesota. After moving in, our first priori_v was alteration of garden access to eliminate le existing sharp step decline as well the original/jagged flagstone patio. The overall object-i,,e was to construct a level walkout from the .iousv-. Furthermore, it was felt that this conservative deck design would facilitate ready approval as it merely squares off the current design of the house and marginally adds to the existing flagstone area. Additionally, the neighboring home structures can either side of our property are several feet beyond what we are proposing. The Orono "Hard Pack" ord:.nance could be accommodated through elininating our current - driveway apron, but in Going so would require hazd:dous rear entry onto the well -traveled County Road #135, particularly considering that our lot is elevated at the driveway point by b feet on one side and 10 feet on the other with very porr entry departure isibility. it is therefore, that your favorable review propos.- 1 . Sincerely, we respectfully request :,nd acceptance of this J. Michael Fearon 'ilia Ann Fearon TO: Mayor Grabek Orono Council Members 1'Ji�T 1� L City Administrator Bernhardson FROM: Michael P. Gaffron, Assistant Plann-' ,-.y a Zoning Administrator DATE: December 10, 1987 SOBJ: #1221 Gary Eklof and Cathy Lee, 1965 F,gerness Point Road - Variance - Pesolution Application - Setback and hardcover variances to remodel and expand existing ;,ouse, and construct an attached garage. Zoning Di +-.rict - LR-IC 1/2 Acre Sewered List of '.' bits A - nning Commission Minutes of 11/16/87 B - Planning Commission Action Notice dated 11/30/87 C - Applicants submitted hardcover calculatiuns and staff verification dated 11/19/87 D - Summary of hardcover calculations E - Memo and Exhibits of 11/12/87 Pertinent Facts - 1. Please review the memo and exhibits of. 11/12/87. Note that existing and proposed hardcover percentages have chai.yad very slightly based on staff and applicants review of original calculations. 2.. Hardcover: (Zone area = 5700 s.f.) 0-75' Existing = 2206.5 s.f. or 38.7% Original proposal - no chanq e Applicants revised proposal = 2065.2 s.f. or 36.2% Recommended by Planning Commiss':: = 1856.5 s.f. or 32.6% 75-250' (Zone area 6540 s.f.) Existing = 1932.7 s.f. or 30.0% Original proposal = 2194.2 s.f. or 34.0% Appicants revised proposal = 2028.2 s.f. or 31.4% Recommended by Planning Commission = 2144.2 s.f. or 33.2% Overall Hardcover on property: (Total area = 12,150 s.f.) Existing = 4139.2 s.f. or 34.1% Original proposal = 4400.7 s.f. or 36.2% Applicant- revised proposal = 4093.4 s.f. or 33.7% Recommended by Planning Commission - 4000.7 s.f. or 32.91 Discussion - Note that Planning Commission reviewed thii, based on an overall lot coverage concern. Considering the overall lot coverage on neighboring properties, which generally ranged less than 301, Planning Commission was striving to conceptually reduce this project to an overall 30% hardcover. They asked for a reduction of the origi ally osed 440o f. d t 30• level or about 3650 s.f., a reduct�on of M s.i.; but hen c a0e R Ot Zoning File #1221 December 10, 1987 Page 2 of 3 s.f. driveway allowance a.id recommended that 350 s.f. of existing hardcover be removed in the 0-75' setback zone. After discussion with applicant and a review of their submitted revised hardcover proposal and itemized area calculation, staff updated the hardcover numbers and placed them in a summary you have as exhibit D. Applicants revised proposal removed hardcover from both the 0-75' and 75- 250' zones rather than just the 75' zone. The applicants revised proposal does not meet the specific requirements of the Planning Commission recommendation although it is a positive step in the right direction. Please note the variance listing in the memo of 11/12/87. The variances reauired in addition to hardcover include structure addition in 0-75' zone, within S' of side lot line where 10' is required, average lakeshore setback encroachment of 5', (1' house, 4' second story deck), street setback for principal structure of 20' where 30' is required, no turnaround provided. Also please carefully read the discussion in that memo regarding the fact that a new foundation will be placed under this house. Applicants have specifically stated that they do not intend to move the house to meet setbacks, since meeting the 75' lakeshore setback would be impossible under their proposal, and moving the house 1.9' to the southwest to ;-eet the 10' side setback would be risking the integrity of the structure and would be relatively expensive because of the location of the existing fireplace. Planning Commission did not address the appropriateness of having docks on both the east and west sides of the property. Applicant did note that one of their reasons for purchasing the property was because there were two dock systems. Planning Commission Recommendation - Planning Commission recommended on a 3-2 vote to approve t!-.e variances requested subject o: 1. Removal of 350 s.f. of hardcover in the 0-75' settack zone and allowing a r00 s.f. maximum driveway. 2. Staff and ao,.licant to review hardcover numbers and eliminate diperepancies (•i.ch has peen done to staff's satisfaction). The minority opinion :•e lected two differinq objections. Johnson voted nay finding the total hardcover excessive. Brown voted nay objecting to the recommendation to remove existing hardcover, and would have allowed the original proposal, finding it to be an :asset to the neighborhood. Staff Aeco� ndation - Staff is inclined to review this application in relationship to the percentages of lot coverage allowed through previous similar applicatiors in the neighborhood. In that light, this request is excessive. The concept of ove-all lot coverage is perhaps more enlightening for comparative purposes than delineations of 0-75' and 75-250' zones, in this Zoning File #11221 December 10, 1987 Page 3 of 3 neighborhood where most houses are partially within the 0-75' setback. Staff contends that the 0-75' hardcover on this property is excessive and should be reduced to below 30% and likewise that the overall lot coverage should be reduced to less than 30%. Staff has no problems with the side setback, street setback or average lakeshore setback variances. Independent of the hardcover issue or the setback variances, staff recommends that applicants submit a final grading plan for City approval prior to issuance of any building or demolition permits, such plan to include lowering of the grade on the east side of the driveway access to provide better site distance. Staff has drafted a resolution for approval based on the Planning Commission recommendation. If Council ultimately approves variances of a different magnitude than contained therein, that resolution can be revised for review at your next meeting. Please be reminded that applicants wish to start this project as soon as possible in order to beat the winter weather. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND 2, SECTION 10.55, SUBDIVISION 8. AND SECTION 10.25, SUBDIVISION 6 (B) FILE i1221 WHEREAS, Gary E;klof and Cathy Lee (hereinafter "the applicants") are owners of the property located at 1965 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described asfollows: Lot 8, Fagerness, Hennepin County, Minnesota, together with an easement over the northeasterly two feet of the southeasterly 23 feet of Lot 7, Fagerness, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55 Subdivision 8, to allow the construction of additions tc a residence, i icluding basement and second story, within the 0-75' lakeshore setback zone where no structure is normally allowed, and a further variance to Section 10.22 Subdivision 1 to allow a five foot encroachment into the average lakeshore setback zone where no encroachment is normally allowed, and a variance to Section 10.22 Subdivision 2 •.:o allow hardcover in excessive of the 0% normally allowed in the 0-75' lakeshore setback zone and in excess of the 25% normally allowed within the 75-250' lakeshore setback zone, and a variance to Section 10.2c, Subdivision 6 (B) to allow said construction within 8 feet of the side lot line where a 10 foot setback is normally required and to allow a 20 foot street setback for the principal structt.,re where a 30 foot street 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 01221. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended conditional approval of the proposed variance based upon the following findings: Page 1 of 5 A) The addition of a second story 8 feet from the side lot line will have no significant effect on the light, air, or open space enjoyed by the neighboring property. The neighboring property only contains two basement windows on that side affected. B) The proposed second story addition and second story 4' x 20' deck will be completely over areas of existing hardcover, hence they do not increase hardcove7- on the property. C) Although the existing houst must be raised in order to place an entirely new foundation under it, it is relatively unfeasible to move the house laterally to create more conforming setbacks, because ofthe size and location of the existing fireplace. D) The percentages of hardcover in the 0-75' znd 75-250' setback zones and on the lot as a whole are excessive. The proposed renovation and additions to the existing house would be an asset to the neighborhood, and therefore granting of a partial hardcover variance is appropr�.te. The Planing Commission recommends that the proposed 4 s.f. driveway be reduced to 400 s.f. and that a further reduct..i of 350 s.f. of hardcover in the 0-75' zone be required, resulting in a final 0-75' hardcover of no more than 32.6% and 75-250' hardcover no greater then 33.2%. E) The bulk of the structure, except for the new r---ond story, will create no new encroachments in the 0-75' setback zone, and will have no significant effect on lake views enjoyed by the owners of neighboring properties. F1 The existing garage to be removed is located partially in the right-of-way and exits directly to the right-ef-way. The proposed attached garage will create a safer access onto Fagerness Point Road than now exists, hence the street setback variance for the principal structure with attached garage is appropriate, as long as site grading eliminates any view obstructions along the road. G) The setback variances requested are not inconsistent with other similiar variances approved in contemporary times in this neighborhood and within this zoning district. The excessive hardcover is justified when weighed against the benefits and improvements to the neighborhood as a result of the project. 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 2 of 5 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a 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 Cocle 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 10.22, Subdivision 1 and Section 10.55 Subdivision 8, to allow the construction of additions to the residence, including basement and second story, within the 0-75' setback zone where no structure is normally allowed, and a further variance tc Section 10.22 Subdivision 1 to allow a five foot encroachment into the average lakeshore setback zone where no encroachment is normally allowed and a variance to Section 10.22 Subdivision 2 to allow 32.6% hardcover in the 0-75' setback zone where 0% hardcover is normally allowed and to allow 33.2% hardcover in the 75-250' zone where only 25% hardcover is normally allowed, and a variance to Section 10.25 Subdivision 6 (B) to allow said construction within 8 feet of the side lot line where a 10 foot side setback is normally required, and to allow a 20 foot street setback for the principal structure where a 30 foot street setback is normally required, subject to the following conditions: 1. Prior to issuance of permits for the additions or demolition of the existing garage, applicant shall provide a final grading plan for City approval that shall include the lowering of grade or the east side of driveway access to provide better sight distance. 2. Maximum hardcover allowed on the property shall be as follows: 0-75' (Area = 5700 s.f.) House 1155 s.f. Lakeshore stairways 57.7 s.f. Decks and other platform areas 613.8 s.f. 75-250' (Area = 6450 s.f.) House Attached Garage Front stairway Mud room Foyer Driveway Total = 1856.5 s.f. or 32.6% 842.7 s.f. 624.0 s.f. 120.0 s.f. 105.0 s.f. 52.5 s.f. 400.0 S.f. Total - 2144.2 s.f. or 33.2% Page 3 of 5 -1r Overall (lot area = 12,150 s.f. ) = 4000.7 s.f. or 32.9% Rend.-vals of all extraneous hardcover shall be completed before a certificate of occupancy is issued. Applicant is advised that no further additions or improvements resulting in hardcover increases will be approved, but such proposals might be approved only in conjunction with the concurrent removal of items of existing hardcover. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be excercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 14, 1988). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned 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 of title of the property. Adopted by the Orono City Council on this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Clerk .Tames R. Grabek, Mayor Property Owner(si ragc 4 of 5 UPDATED/REVISED/FINAL HARDCOVER SUMMARY #1221 Planning Corrected Applicant's commission Pre -Existing Original Proposal Recommendation 0-75': (Area = 5700 s.f.) Deck 852.5 852.5 House 1155.0 1155.0 I Stairs/ In 0-751, .atform 199.0 199.0 Reduce to: Applicant's Revised Proposal 852.5 1155.0 57.7 2206.5 2206.5 1856.5 2065.2 (38.7%) (38.7%) (32.6%) (36.2%) 75-250': (Area = 6450 s.f.) House 842.7 House 842.7 Reduce applicant's 842.7 Detached/ 716.0 Att. Garage 624.0 original proposal 552.0 Garage by 50 s.f. Steps & Walk 212.0 Front Stair 120.0 (cut driveway 90.0 Concret Slab 12.0 Mud room 105.0 from 450 to 400) 91.0 Gravel Drive 150.0 Driveway 450.0 400.0 Foyer 52_5 52.5 1932.7 2.194.2 (30.0%) (34.0%) Over All Lot Coverage: (Area = 12,150 s.f.) Planning Commission Recommendation Pre -Existing Applicant's Original Proposal 2144.2 2028.2 (33.2%) (31.4%) Applicant's Revised Proposal 4139.2 s.f. 4400.7 s.f. 4000.7 s.". 4093.4 s.f or 34.1% nr 36.2% or 32.9% or 33.7% MINUTES OF THE PLANNING COMMISSIOi7 MEETING HELD NOVEMBER 16, 1987 i1220 KOEHNEN CONTINUED Bellows asked r.pplicant why the addition could not be constructed on the west side which would be in the actual building envelope? Mr. Koehnen stated he would like a sout..ern exposure for the addition; and a hill and walkout basement prohibit the addition on the west side. There were no comments from the public regariing this matter and the public hearing was closed. It was moved approval per 0. V1-2-2J GARY ERLOF b CATHY LEE 1&65 FAGERNESS POINT ROAD VARIANCES PUBLIC HEARING 8.30-9:04 The Affidavit were noted. by Taylor, seconded by Brown, to recommend si.aff recommendation. Mo�ion, Ayes 5, Nays of Publication and Certificate of Mailing Gary Eklof and Cathy Lee were present for this matter. Caffron explained the request for setback and hardcover variances to remodel/expand house, and attach garage. The proposed construction as follows: 1. Remove existing non -conforming garage, attach new garage and mudroom to existing house. 2. Add new foyer and deck/stairs on street side. 3. Put new foundation under existing house which requires raising it. 4. Add second story over purtion of existing house in 0-75' zone, 8' from side lot line. Variances requested as follows: 1. 0-75' hardcover: existing = 39.0% (no change proposed) 2. 75-250' hardcover: existing = 27.6% proposed 34.1% 3. Structure addition in 0-75' zone. 4. Structure addition within 8' of side lot line (10' required). 5. Continue existir.a house encroachment into average lakeshore setback; add 4' 2nd story deck with total average setback encroachment of 5'. 6. Street setback for principal structure of 20' (30' required)(Garage doors 25'-35' from right-fo- way, no turnaround provided). It MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 #1221•EKLOF/LEE CONTINUED Referring to Exhibit H - survey of hardcover variances in immediate neighborhood, Gaffron noted that applicant's propArty has excessive hardcover in the 0- 75' zone and excessive total lot hardcover compared to the neighborhood lots. Based on the extent of work being done, Bellows thought that it may be better to start from scratch and rebuild. Cathy Lee stated that replacing the uniq" -less of the existing structure would cost twice what is proposed. She explained that the summer rainstorms did considerable damage to their pitch & gravel roof which leaked severely and damaged beamwork. According to three contractors, major repairs are necessary. Bellows noted that the issue of repairing storm damage is independent of the requests in this application. Bellows stated she had some very strong reservations regarding this very ambitious plan. She was concerned with Fager less Point turning in to an area like Cas•-,o Point. She asked applicants what their hardship was involving the proposed improvements outside the existing envelope. Cathy Lee hated that the existing garage needs repair and therefo.e would like to replace it in a location to decrease the encroachment and provide a driveway area. Gary Eklof noted that the only addition hardcover proposed involves a much needed driveway. John Waldron, 1951 Concordia Street, stated he did not feel the proposal affected the density and felt it would be a significant improvement to the neighborhood and house. Taylor felt the relocation of the encroaching garage was an adequate trade-off for the additional hardcover. He is in favor of the proposal subject to the removal of an. 8'xl2' boat house in the 0-75' zone. Brown felt the density issue is off -set by t:hr home improvement and that the driveway was ne ° for safety reasons, therefore, in favor of the propo Hanson concurred with Taylor 6 Brown but felt some hardcover could I,, - removed. Cathy Lee felt that the hardcover could possibly be reduced by removing the boat house, and sliqht modifications to the proposed c?-iveway steps to foyer. 9 MIr,!)ffS OF THE PLANNING COMMISSION MEETING HELD IJUVZMBF.'i 16, 1987 i1221 ERLOF/LEE CONTINUED Jan Vaye, 1.885 Concordia, felt the proposal will upgrade the neighborhood. There were no other comments from the public and the public hearing was closed. Planning Commission discussed different options to reduce the hardcover. Cathy Lee felt there were a few discrepancies with staff's measurements and hardcover calculations. Johnson agreed that the proposal would be an improvement to neighborhood, however, felt Fagerness Point was already congested and found the proposed hardcover excessive, therefore could not support the proposal. It was moved by Bellows, seconded by H4nson, to recommend approval subject to: 1. Staff and applicant determining actLil existing hardcover. 2. Removal of 350 s.f. of existing hardcover within the 0-75' setback. Motion, Ayes 3, Nays 2. Johnson voted nay finding the total hardcover excessive. Brown voted nay objecting to the recommendation to remove exiting hardcover. #1222 JAN WAYS 1865 CONCORDIA STREET AFTER -THE -PACT CONDITIONAL USE PERMIT PUBLIC HEARING 9:21-9:22 The Affidavit of Publication and Crrtif?cate of Mailinq were noted. Jan P-*aye was present for this matter. The application involves an after -the -:act conditional use permit for lakeshore restoration work 4al--eady done. Staff recommended ta.-linq this appl `catior: to provide time for the app' icai.t and appli" -t's contractor to meet with staff and the City E-9ineer to determine effectiveness of the technique used in stabilizing the steep lakeshc - bank of Lhe property and to determine what portions of the work s:,ould be removed. There were no comments from the public regarding this matter and tLe public hearing was c'.osed. It was moved by Bellows, seconded by Hansen, to table Application 01222 per staff recommendation. Mot' -on, Ayes 5, Nays 0. 1 O ZONING FILE. NO. 12'�1 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11/31/87 --------------------------------------------------------------------------- TO: Gary Eklof/Cathy Lee COPIES TO: 1965 Fagerness Point Road Wayzata, MN 55391 TYPE OF APPLICATION: XX i riance ------------------------------------------------------------ DATE OF MEETING: 11/16/67 VOTE: 3 For 2 Against Planning Commission recommends the following: XX Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Recommendation of majority opinion was to approve the proposal as presented, subject to removal of 350 s.f. hardcover in the 0-75' setback zone. Staff and applicant are to review ;:a-dcover numbers and iron out any discrepanci s. Please submit a diagram showing which 350 s.t. or 0-75' hardcover you propose to remove. I note that your original reduction proposal shows only 141.3 s.f. reduction in the 0-75' zone. Note the attached hardcover calculation worksheet with staff nucations. Staff noted one discrepancy in the submitted calculations, Item V. The total proposed hardcover, excluding tt�e 400 s.f. maximum dri- eway, is 3,920.7 s.f. When the 350 s.f. is removed from the 0-75' zone, total hardcover i to be 3,570.7 s.f. exclusive of driveway. Please contact staff if you have questions. Applicant's -�t scheduled meeting is confirmed as: City Council December 14, 1987: meeting starts at 7:00 p.m. :f you desire certified copies of the official. Planning Commission minutes, they art available from the City Recorder after review and approval by the Planning Commission. }c• LC� E F •- 1 �'!Ca, c. � I.1 Aa-DCQ, drye._ ���CI E,l�.,,(.` rQoP4S4t �7�L •. p/w� (� v! N1'V+F'/> © (, ,cu..�sc.� �' ►-1 r. ?. Co -- G z �f c � . ,Q.G,c,E� ..— - rs ( pe- rn," STia/R (rNls is U jt--i-je 5 D/Mre &— / 74" C'N oAIGd^A4— PF..npos4A--) Y9.o� �----- DIs,4t�cc� Decl _ VeprN C,- t C LfL4 r7oN . N+S sN':�CA e� poi Cam.-- - :- 4- clD W DrcK Pce� . `�. z *1z.�) x3.4 = �'+I.� .� E Q4 �--- (�v, �c-gtN ►L Est'" 1,k�Z �G ,j tS fit=' L t , ,1 ! 1 rr sr n �_Sv. I -f � i•. EKLOF / LEE RESIDENCE - 1965 FAGERNESS POI HARDCOVER. CALCULATIONS ------------------------------------------ 0 jay 1 91987 AREA SIZE / CALCULATION SO. FEET 1) GARAGE 24 X 26 624 " 2) MUD ROOM (6 + 9) X .5 X 14 105. Tf� 3) OUTSIDr ENTRY STAIR 5 X 18 go", > T 4) NEW FOYER 5 X 10.5 52.5z 5) EAST ADDTION 28.2 X 20.1 566.8 6) ORIGINAL HOUSE (30.1 X 47) + (1.8 X 9 0) 1430.9� / 7 ) DECK ( 22 . 7 + 45 . 6 ) X . 5 X 1 fi -*44 . 7--- (o n1'�' ✓ 8) SOUTH DECK PROJECTION 2�. 7.3 X 12.1 X .5 44.2�/ 9) NORTH DECK PROJECTION 6.7 X 12.0 X .5 40.2✓ 10) WEST DECK PROJECTION (19.2 + 22.7) Y. .` X 3.9 81.7� w 11) TOP STAIR X 10 121 MIDDLE PLATFORM 431 4 X 1 G 40z BOTTOM STAIR 3 X 11 ►4) BEACH HOUSE 8 X 12 33 96 CALCUL�.CED T(j1'AL ------------ : 3849 SQ. FEET ? y._�ti ALLOWABLE HARDCOVER (.30 X 12150) ",45 SO. FEET --------------- APPROXIMATE REDUCTION TO ACHIEVE 30% 204 SO. FEET PROPOSED HARDCOVER REDUC-:ONS AREA SIZE / CALCUALTION SO. FEET 1 ) GARAGE 7 S L S� -7S'2�' (2 X ',6) + (2 }; 1G! 72 2) MUD ROOM (6 + 8) X X 2 10) WEST DECK PROJECTION 7.5 .5 X 3.9 14 12) MIDDLZ PLATFORM,-.. _ 4 X 4 29.2 14) BEACH HOUSE; 8 X 12 16 96 --------------- TOTAL DEDUCTION 227.3 SO. FEET --------------- REVISED HARDCOVER TOTAL. (3349 - 227.3) 3621.7 CO. FEET REVISED HARDCOVER. TOTAL EXPRESSED AS A PE2- CENTAGE OF 12150 SO. FEET (3621.7 - 12150) 29.8% if I I I I 1 I tXCEED N00 50' N A'�1�C.o��Z C.RL-CUI..f�T(ONS To: Planning Commission Chairman Kelley a Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 12, 1987 Subject: #1221 Gary F.klof & CIthy Lee, 1965 Fagerness Point Road - Variances - Public Hearing Application - Setback and hardcover variances to remodel/expand house, attach garage. Zoning District - LR-lC, 1/2-acre sewered List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey - Existing Exhibit E - Survey - Proposed Exhibit E-1 Survey of Proposal With Staff Remarks Exhibit F - Hardcover Calcs. By Staff Exhibit G - Plans & Elevations Exhibit If - Survey of Similar Applications In Neighborhood. (Composite Survey and List) Pertinent Facts A. Proposed Construction 1. Remove existing non --conforming garage, attach new garage and mudroom to existing house. 2. Add new foyer and deck/stairs on street side. 3. Put new foundation under existing house (will have to raise it). 4. Add second story over portion of existing house in 0-75' zone, 8' from side lot line. B. Variances Requested 1. 0-75' hardcover: Existing = 39.0% (No change proposed) 2. 75-250' hardcover Existing = 27.6% Proposed = 34.1� 3. :->`ructure ijition in 0-75' zone. 4. Structure addition within 8' of side lot line (10' required) 5. Continue existing l' house encroachment into average lakeshore setback; add 4' 2nd story deck with total average setback encroachment of 51. 6. Street setback for principal structure of 20' (30' required) (Garage doors 25'-35' from Right of Way, no turnaround provided) Zoriing File #1.221 November 9, 1987 Page 2 of 3 C. Conformity with hardcover variances recently approved in immediate neighborhood: (See exhibit H for detail) % of Lot Total 0-75' 75-250' Hardcovered Lot Area 1945 Concordia 7.2% 27% 19% 0.33ac 1955 Fagerness Pt Rd 17.3% 34.3% 27% 0.32ac This request 39.0% 34.2% 36.4% 0.28ac 1973 Fagerness Pt Rd 14.3% 21.8% 18% 0.24ac 1971 Fagerness L� Rd 13.2% 29.9% 21% 0.24ac Discussion General. Applicants are requesting variances to totally upgrade this property, as we have seen done very extensively on Fagerness Pont in the last 5 years. This application is very similar in scope to other projects in the neighborhood; however, the roughly 20'x40' deck on the lake side of the house has a drastic effect on the relative hardcover percentages (i.e. without the 850 s.f. deck, 0-75' hardcover is about 24% , somewhat more in line with that approved for neighboring properties). Note that the lakeshore stairway contains a 12'x8' platform with wall posts for a screen or tarp covering. This structure should be removed as it is nonconforming and is rotting away. Note also that the dock section paralleling the shore is mostly over the water. Grading. No grading plan has been submitted; however, the house elevation views show that grades will stay much the same, with no change on the lake side, and retention of the higher ground next to the garage. Staff would recommend that a grading plan be submitted prior to the building permit being issued. The grading should have no effect on neighboring properties. We would expect to see some cutting of the hill next to the road, for sight distance purpo��s. Second Story. The second story adlition is 8' from the side lot line. The Gemplers next door have only 2 basement windows on that side, hence a second story will likely have little impact on them. No word from the Gemplers as of this writing. Note the 4'x201 second story deck on the lake side which is an additional average setback encroachment. New Foundation. Applicants have stated that they expect to put an entire new foundation under the house. They have noted that it is relatively feasible to lift the house to put a foundation under it, but moving it laterally on the lot may be more expensive and involve additional risk to the structure. With the existing 8.1' to 9' side setback (10' required), there would not seem to be much point in moving the building sideways. From the standpoint of average setback, the 1' encroachment by the wall of the house is very minor. Moving the house toward the street would involve a greater variance to street setbacks for the garage, and would involve more extensive grading. Given the above, and given the size of the lot, staff would not recommend that the house location be moved just for the sake of meeting a side setback, and trying to meet the 75' tt se ba k ould place the house out of line and out of character with the neiA or�ioo(. Zoning File #1221 November 9, 1987 Page 3 of 3 Garage Access. The proposed site plan includes removal of a garage that is over the lot lines and in :marginal condition, and replacement with an attached garage. The garage will be skewed to the roadway, and the doors will open at a distance of more than 30' ':rom the traveled roadway. No backup apron is proposed, so staff would recommend that the grade at the side of the road be reduced in order to give proper sight distance to make this a safer access point. Secondary Docks. It would appear that this property is taking advantage of a secondary dock system on the east side of Fagerness Point Road in what apparently is "no-man's land" (see plat map). Staff would question the applicant's legal right to have these docks there, but perhaps the more pertinent immediate issue is, does the applicant need two sets of docks, and is the stairway and hardcover on the west side necessary if the docks on the east side are legal and functional? Staff Recommend, t i on Staff woulc recommend approval of this project as proposed if the following conditions are met: 1. Remove 81xl2' platform structure at the lakeshore and remove 41x4' section of stairway platform leading to it. Allow 4' maximum width stairway structure to remain or to be replaced if necessary, with no platform areas exceeding 4'x4'. 2. Remove 850 s.f. deck and replace with minimal deck to accomplish access to yard area. 3. Applicants to submit a final grading plan for City approval prior to issuance of any building or demolition permits. 4. Grading plan shall include lowering of grade on east side of driveway access to provide better sight distance. 5. Final hardcover on the property shall be as follows: 0-75' (area = 5700 s.f.) Portion of house 25' average x 47'= 1155 s.f. Stairway to Lake 4'x27.5' + = 110 s.f. Deck x = s . f 0-75'= s.f. or % (Note 4'x 20' proposed deck over north side of existing deck) 75'-250' (Area = 6450 s.f.) House portion 836 s.f. New foyer 53 s.f. New garaqe 624 s.f. Attachment 120 s.f. Stair 120 s.f. Driveway 450 s.f. + 2.203 s.f. (34.2%) 1 f. sots... 1 Ud ll3 I—C U �w Feed 7c^y Receipt Initials- _ , -31 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address I Ci49' E A c L4t, L'" .t�c I c� _ i2 Property Identification Number (P.I.D.) I$' 1i7-- d j IY 0n05 Please check one - Is the property __ abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home) 1-/ 7 /- 7 L/ 51 Name (I AJL' b- ,F_ Phone (work) 4 N 9-'MZ Address: Jglc 2 1-� 90city: oU�' `��-TYt Zip: 1515 `1 ' / -------------------------------------------- ------------------------------- OWMM (if different than applicant) Phone (home) Name �,Mwi, Phone (work) Address: City: Zip: Date Property Acquired 14 C,i] (month/year) I (do) ( j p CI rr. OF 171A �) ono also own the adjacent parcels of land. TAti4,CE rErlT -------------------------------------- PRESENT USX OF PROPERTY"'�`�3dt�- - - 01 rE1V 4 V A a Present Zoning District �NE�lt' Tt 4100.00 1Et E1PT-1'H4NK YOU Present Use of Property ROSM&WAI P01 T15:07, 1 ?'�0/971 Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail:_ ('.r.mc ���t.',nJ(./�A1,1T7lM� TT H—C - ----- ------- -------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Setback Variances ( Front *. Hardcover S•le Rear) Other %-r 6r1e'K._ ------------------------------------ •--------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: , - • ,, ,j i r�'-FA Of s;: li 11 J r L, --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Co�dve� Requirements: --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (t10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. P1 remember that your variance application is not complete if the a _ information has not been included. Certification by Zoning Department that Variance Application is zomp',:_•-e. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information req,. fired 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. iy Applicant' s Signature '[- ✓ Date /0 - r 1� S7 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultant-, agents, Commission members, and Council members for purposes of investiga- tion and verification of,this request. Own- r- sSignature - 1 �--------------------------Date---- - lid ------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Musiting. 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 arrange- ments to have an authorized agent attend in your place and to advise the Building i Zoning office of this change prior to the meeting. .01 dy WOO TOP 2 (3> 0 X ALVER 2, FtEEMAN COUNTY SURVEYOR za HENNEPIN COUNTY,MINN. PUtl DATE 10/17/87 BATCH 003 38 16-117-23 14 -907 PROP moR 01971 FAGERNESS POINT RD 0:.'IER HA"E T i P "ORTENSON TAXPAYER THd1.1S MORTENSON N•.MF/ADDR 1971 FAGERNESS PT RD WAYZATA M 5S391 38 18-117-23 14 0010 PROP ADOR 01955 FAGERNESS POINT RD CVt1ER tIAIIE K F GEMrLLR A M S IVES TAxPAYER K ► rEMPLER A M S IVES tookil 'AUCR 1955 FAGERNESS FOINT RD OF0,10 till 55391 33 18-117-23 14 0916 PFOP fDOR 01949 FAGERNESS POINT RD M't.ER t.41TE EVELYN A GGIDSTEIN TAiPAYER EVELM A GOLDSTEIN N!i:E/AODR 1949 FAGMTt S POTKT RD OR011;7 till 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LISP 38 16-117-23 14 0006 C1973 FAGERNESS POINT 90 A R BACKSTROM ETAL A R SACKSTROM 1973 FAGERNESS PT RD WAYZATA HN SS391 38 18-117-23 14 0011 01951 COHCOPOIA ST J B WALDRON A L H WALDRON JOHN B A LYNN H WALDRON 1951 COIK;OPOIA ST OROND MH 55391 TOTAL BATCH 003 00007 REPORT M. PI435401 PAGE 5 38 18-117-23 14 0009 01965 FAGERNESS POINT RD GLEKLOFACF LEE GARY EKLOF / CATHY LEE 1965 FAGERNESS PT RD WAYZATA MN 55391 30 18-117-23 14 0012 0191i5 COt'LCROIA ST R N RAGATZ A J I PAGATZ RICHARD W A JILL RAGATZ 5709 AYR911RE BLVD EDINA MH 5S436 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCLIPATE ft10 TRUE REPRESENTATION Of INFORMATION AS IT APPEARS 711IS DATE ON THE RECORDS Of THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. THE BEST OF MY KNOWLEDGE AND BELIEF. /I /1 -A // Clrtificate of Survey for Gary L. Eklof of lot 8. Eagerness Hennepin County. Minnesota iC- TS 7S '- : cC -tea s7a0 rl.«. _ 6Yfc 14'. + i -,ar- 2005,�.r.' i780sf.A. f 3f. 2 T. 27. 6 f, Scale 1" = 20' Date 9-1Q-87 ��•--� Iron marker G re+ Certificate of Survey for Gary L. Eklof of Lot 8, Fagerness Hennepin County, Minnesota Ex�s4� r h n r 74 1 ->:V1 AV wt. 9 Fr as _ I hereby certify that zhi. .s c true and correr' rep- resentation of a survey of tt;�_ ;lun,ari s of tr- de- scribed property; Lot 8, FAGERNESS, together with easement mover Northeasterly 2 feet of Southeasterly 23 feeL of Lot 7, FAGERNESS, according to the plat on fi;B and of record in :he office of the Register of Deeds in and for Hennepin County, Minnesota, and the location of anv buildings IoCatE;i thereon. it does nopurport to show ary o*r.c•r imp, r,;,vements or encroac, rents. COFFIN & GRONBERG, INC. marK b. Gronberg Lic. No.77_ Engineers, Land Surveyors Long Lake, Minnesota ADDi-rin" r-op- T)-Ac-- sty, 41 ;�4 U-j 1 -�Ot) - • • F--UTCc!'( ADUAT I --- **A Ace A I S'?oo Fr L I 4,45lJ sr cMc,�'`vAee. I zcx'-'5 ort I 1-1W �� o�.'�°i 32•Z�� � � �.to�. ft�, + I ao 4 �► s 7f- 1 - 1 -. rn fF 1 /k'1�� ZZ -�S.2saI SAM 6- No c ckx. c -;GF 7 Fv1�2 . ;n�PS cum Z-! Z & �( , �64& 1 2. + ._ ' i�'T7�3Ct-kr-- 2-o- L, i_ / 1 q-2( FI.Ne I UewA-7 , J S7i-Et"'T Sr�cs Ec-cv�x-i�r� AAkt Sidi OtVatieX j!, , - , f . . . A 14AIIJ 4JWOcf-T— Vf. #4 -k- Z-4 4.0 V4 P6 • lake L c, k c 1 ^�.wgGtOn kp �IInr�Ctpnkq [ae ���f �/w lfO..�j / •Mi✓.11.��. M � I 21 7 o50 IL ] J 9�r3 S - -ifs . ♦ ♦ mom AND; � c, ;'� ••• •--'p r •✓•y ,*Cr,. �.. cRr>x;� • tea 't J: (/ 'fed It V„ AAdU- 1`�87 f 1979 � y�S F,s PT (Loft �O� 4.5� 3 �. �,�6t,�ia /D yDG S lip I 1zz) VAPAfUCA5 it VAP4,"ce ltii57 NoT�- ;-7A)Ai. sirF Pam, r (,4hoe-AW") AAA NOT- sooKaN jorA+CA.• C As ES wA1 a la1. c �1inrcfaako / ! wC on S.N OL7 r•� r 9 Sr rT. $qn Gzy-kpv--c #Il`il VAPAlkjce 19$" , - / y LET jG�,r s N `. I Oy 1 Z I I1 i 1 � / I cl- ," — vv,121� .. ri .fr• cjtrccf g;A SS-C WAONect" r0 a 7 OAF/w42 (D&Nfe�b) 1911�` 2 23 (AOAC- `oT p2(' p. — % yd -75-%+ I !T !�- `,-.-- RA (,4T:F- r tor,p �L/ yc� Exhibit H #1221 Eklof/Lee - 1965 Fagerness Point Road Variances In Immediate Neighborhood 1945 Concordia - Ragatz - #886 (1985); #1120 (1987) 0-75' hardcover - 0% allowed (7.28 if deck was included as hardcover) 75-250' hardcover - 27% allowed % of entire lot hardcovered (including "non hardcover decks") = 19%+ 1951 Concordia - Busse - #1037 (1986) - Conditional Use Permit for lakeshore grading denied. Waldron - #1223 (Current) - Conditional Use Permit and variance for lakeshore grading and deck requested. 1955 Fagerness Point Road - Gempler - #1141 (1987) 0-75' hardcover - 17.3 % allowed 75-250' hardcover - 34.3 % allowed 8 of entire lot hardcovered = 27%+ 1965 Fagerness Point Raod - Eklof/Lee - #1221 (Current) Hardcover request: 0-75' : 39.0% (35.2%* ) 75-250' : 34.2% Total request (entire lot hardcover 8) = 36.4%+ * Presumes all stairs and platforms at crest side are removed (218 s.f.) 1973 Fagerness Point Road - Backstrom - #524 (1979) 0-75' hardcover - 14,3% allowed 75-250' hardcover - 21.8% allowed % of entire lot hardcovered = 17.6%+ 1971 Fagerness Point Road - Mortenson - #892 (1985) 0-75' hardcover - 13.2% allowed 75-250' hardcover - 27% allowed (29.9% if deck was included as hardcover) % of entire lot hardcovered (including "non hardcover decks") = 20.6% To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: December 9, 1987 Subject: #1223 John B. Waldron, 1951 Concordia Street - Conditional Use Permit & Variance Application - Request to grade in lakeshore yard to create walkout. Zoning District - LR-lC List of Exhibit. Exhibit A - Planning Commission Minutes of 11/16/87 Exhibit B - Planning Commission Action Notice Dated 11/25/87 Exhibit C - James Piegat Letter Dated 11/16/87 Exhibit D - Small Business Administration Loan Worksheet Submitted 11/16/87 Exhibit E - Applicant's Proposed Hardcover Removal Worksheet Submitted 11/16/87 Exhibit F - Memo & Exhibits of 11/11/87 Discussion - Please carefully review the memo and exhibits of November 11, 1987 and the letter from James Piegat of the Hennepin Conservation District dated November 16, 1987. Applicant proposes to regrade his lakeshore yard and create a walkout basement where no walkout now exists. Applicant believes, with the support of the Hennepin Conser, tion District, that his proposal is a sound and reasonable method to app. ach the necessary repairs to his shoreline which was damaged during the si_aner storms of 1187. City Engineer Glenn Cook has visited the site and reviewed the proposed project with the applicant and staff. Glenn feels that from an engineering standpoint the project as proposed will create infiltration and runoff characteristics that arguably are no better and no worse than the pre-existing condition. Cook feels that there are other feasible methods to repair the storm damage that do not result in the creation of a walkout. The walkout cut and bank restoration method proposed is merely one of a number of possible restoration methods with relatively equivalent stabilization results. Aesthetically, the walkout cut is arguably no worse than a system of retaining walls along the entire bank slope. Piegat's letter suggests that retaining walls do not solve slope problems that are caused by ground water conditions similar to those encountered here, and that retaining walls are a solution to landscaping problems, not drainage problems. Glenn C'n-v has discussed with the applicant a number of alternative methods for bank stabilization that would not require the use of major retaining walls. These include the use of stabilization fabric, cribbing, or a partial retaining wall system in conjunction with lowering the percentage of slope. None of these methods require that the walkout cut be created. Piegat suggests that the damage done to the lake by this summer's erosion of this slope is of a much greater concern than the effects of 20 or more years of normal run-off conditions. There is no question that the slope must be stabilized and restored as soon as possible. Zoning File #1223 December 9, 1987 Page 2 of 2 The problem appears to boil down to one of philosophy. The wa 1kout cut is not consistent with the types of grading the City has allowed in the 0-75' zone since adoption of the Flood Plain a..d Wetland Management Ordinance in January 1979. The proposed walkout cut would change the natural shape and character of the shoreline. Applicant suggests that because grading must occur in order to repair the storm damage, he might as well grade to create the walkout at the same time, thus reducing the number of potential shoreline disruption events. The erosion concern is valid, but the hardship is only valid if one agrees that the walkout cut is appropriate in and of itself. Staff feels approval of the proposed project based on that hardship would be precedent setting, and would open the door for many similar requests, that if approved would be clearly a reversal of past City policy. The Planning Commission, at their November 1Gth, 1987 meeting, recommended denial for the reasons that: 1. Other methods for bank stabilization exist. 2. The walkout cut is not related to the bank erosion stabilization needs (i.e. the bank can be stabilized and re -vegetated without creating a walkout cut). 3. The walkout cut would not be in character or in conformity with the majority of the neighboring residences on Concordia Street. 4. Allowing the walkout cut would set a precedent in conflict with current City philosophy and past derial of similar projects. The Planning Commission recommendation included approval of a ground level deck as proposed subject to concurrent removal of the existing platform structure near the lake. Note that the Planning Commission vote was 4 in favor of denial, 0 against. and 1 abstention. The abstention by Planning Commissioner Hanson was based on his wish to further review in depth the exhibits submitteJ at that meeting. Staff Recommendation - Staff agrees in general with the Planning Commission recommendation. From an engineering standpoint, the proposed project is not necessarily inappropriate and would likely result in very similar run-off infiltration characteristics as any of the alternative methods for restoration of the bank. Aesthetically, the proposed project is arguably more attractive than a series of solid retaining walls covering the slope, but will create a visual effect other than exists now, and such effect is arguably not consistent with the character of the existing shoreline and neighboring properties. Finally,because this is not only a conditional use permit but also a variance to allow grading within the lakeshore area, consideration must be given to whether the hardships stated to allow the walkout creation are sufficient to distinguish this particular project from possible similar requests under similar conditions. Approval of this project would appear in staf f's eyes to set a precedent in conflict with current City policy and practice. Staff will draft a resolution based on Council's action for your next meeting. MINUTES OIL THE PLANNING C,MMISSION MEETING HELD NOVEFIBER 16, 1987 JJ223 JORN B. WALnROJ 1951 CONCORDIA STREET ZONDITIONAL USE PERMIT PUBLIC HEARING 9:25-10:06 The Affidavit were noted. of Publication and Certificate of Mailing Gaffron explained the request for a conditional use permit to repair the lakeshore bank that was damaged during the "super storm". Applicant wishes to repair the damage by lowering the grade to create a walkout from the existing house, construct a retaining wall at that cut up to the house, and regrade the slope and seed it along the lakeshore. Proposal also includes a deck extending from the west side of the house where no deck pr(-viously exited. Applicant proposes to reduce some house hardcover by installation of gutters and a sealed pipe straight to the lake. This direct transportation of roof runoff water to the lake through a pipe is directly contrary to the City's philosophy that all roof and other hard surface runoff should travel over and through the ground surface for filtration purposes prior to reaching the lake. John Waldron was present for this matter and explained that the storm was the impetus of this proposal. He explained the conditions of the SEA loan to be used for repairing the lakeshore and house improvements. He stated the damage to the steep lakeshore bank is a serious physical hardship that must be remedied and believes that his proposal to reduce the slope is the best solution. lie submitted a letter from Hennepin Conservation District which he feels addresses the slope problem and supports his proposal as the best solution. In general, he felt that the proposal can only have a positive effect on the health, safety and welfare of the community, by protecting the lake from future pollution as a result of erosion and other runoff; and by adding a walkout and deck to the property, the proposal will only have a positive effect on the values of the property in the surrounding area. Regarding the transportaticn of roof runoff through pipe, he contended that runoff from the roof is clean, therefore, would not be detrimental to )Dke quality. He noted that he would use perforated pipe .f necessary. Hanson noted the three other alternatives to applicant's proposal and suggested tabling this application in order to review the: alternatives. 11 hINU7'ES OF THE PLANNING COMMISSION MEETING HEI') NOVEMBER 16, 1987 #1223 WALDRON CONTINUED John Waldron noted the drawbacks of retaining wall and stabilization fabric alternatives: Retaining walls involve extensive cost, are less aesthetically pleasing than a naturally vegetated slope, and do not guarantee the stabilization of steep slopes from a "super storm" event. Stabilization fabric would also require some grading to soften the steep slope. fie addressed the many issues outlined in his letter dated October 22, 1987 included in staff's packet. Bellows noted that the City has an ordinance and guidelines regarding grading ;ithin the 0-75' lakeshore yard. She noted the three alternatives within the conformance of City guidelines to solve the erosion damage. She diA not feel there was any connection with repairing the orm damage and the neccessity for a walkout. Johnson voiced conce!r. h controlling the erosion until the storm damagr- is 1--paired. John Waldron stated that he has placed hay bales at the top of the slope but the bales have since been pushed down the slope waich he intends to replace. Staff suggested installation of a silt fence at the bottom of the slope at the lakeshore. Cathy Lee, 1965 Fagerness Point Road, stated they had a similar problem with a different prop^rty they owned, and the only method that wUs found effective was cutting back the slope. As a neighbor, they found the proposal less objectional than "cribbing". Taylor noted that none of the alterr.at_ nffe ed by the City Engineer or Hennepin Conserva%- nistrict included a walkout. Brown noted that the City has not allowed alo of grading in the lakeshore yard and found very litt difference in the City Engineer's recommendation vs. to recommendation of Hennepin Conservation District. He would therefore aciree with staff recommendation of denial. Hanson felt he would need to study the information further before making a recommendation, and recommended tabling the application. There were no other comments from the public and the public hearing was closed. 12 MINOTES OF THE PLANNING COMMISSION MF.F-J iNG HELD N13VEPIBER 16, 1987 11223 WALDRON CONTINUED It was rioved by 113ellows, seconded by B own, to recommend denial of the proposed gracing cuts to create a walkout and recommend that applicant -ubmit a revised proposal for gradinc, in orCer to repair and maincain his lakeshore bank; and recommend approval of the lakeshore deck proposal near the house as proposed conditioned upon concurrent removal of the 9'x 14' deck at the edge of the slope, resulting in a net increase of 37 s.f. of 0-75' hardcover - per staff recommendation. Motion, Ayes 4, Nays 0, Abstention 1. Hanson abstained. #1224 MINNETONKA BOAT WORKS 1449 SHORELINE DRIVE AFTER -THE -FACT CONDITIONAL CASE PERMIT/VARIANCE PUBLIC HEARING 10:08-10:12 The Affidavit of Publication and Certificate of Mailing were r I . Byron .,ark was present for this matter. Mabusth explained the after-th,2-fact conditional use permit/variance request for upgrading and expansion of the boat lift at Minnetonka Boat Works. The Orono facility will service 3 of the larger boats currently stored at the Wayzata facility. Council conceptually approved the request at their November 9th meeting. Bellows asked why the Orono facility must store the larger boats at this point? Byron Heimark explained that the Orono facility needed to replace their boat lift with a safer style which are wider than the old style; and with the remodeling of the Wayzata fici1ity, they -an no longer store the larger boats and meet the parking requirements. Ther^ were no comet nts from the public regardin« t `pis matt - and the public hearing was closed. It was roved by Bellows, seconded by Johnson, to recommend approval per staff recommendation. Potion, Ayes 5, NayG 0. 1 .l ZONING FILE NO. 1223 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11-25-87 --------------------------------------------------------------------------- TO: John B. Waldron COPIES ^n: 1951 Concordia St. Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: X Variance X Conditioral Use Permit DATE OF MEETING: 11-16-87 VOTE: 4 For 0 Against 1 Abstain Planning Comission recor-ands the following: Denial for reasons noted below NOTES AND SPECIAL CONDITIONS: 1) Other methods for bank stabilization exist. 2) The walkout cut is not related to the bank erosion stabilization needs. 3) The walkout cut would not be in character or in conformity with the majority of neighboring residences. 4) Allowing the walkout cut would set a precedent in conflict with current City philosophy and past denials of similar projects. The Planning Commission recommendation included APPROVAL of a ground - level deck as proposed, subject to concurrent removal of the existing platform structure nearer the lake. Mike Gaffron and City Engineer Glenn Cook are scheduled to meet you on the property on 11-30-87 at 10:00a.m. Applicant's next scheduled meeting is confirmed as: City Council December 14, 1987; meeting starts at 7:Oup.m. If you 6esire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commi .:)n. Hennepin Conservation District TO: City of Orono FROM: James Piegat, Ph.D. DATE: 16 November, 1987 Memorandum SUBJECT: Proposed repairs to the John Waldron property Mr. John Waldron has asked the Hennepin Conservation District to comment on his proposal to repair damage done to his Property during the heavy rains of July of this year. The District has three concerns in this matter: 1) aesthetic considerations, 2) effects on water quality, and 3) prevention of recurrence. 1. Aesthetic Considerations We believe that slopes vegetated writh native species of plants would present the most aesthetically pleasing landscape to neighl--irs and users of the lake. The use of retaining walls should be minimized for aesthetic re.: sons. Mr. Waldron's proposal would regrade the existin& slope and vegetate it. This is 6-.� best remedy to alleviate the existing problem provided that the concerns mentioned below u.-^ satisfied. 2. Effects on Water Quality We are not convinced that enough is known about the effects of urban and suburban land uses on water quality, although considerable money has been spent toward that end. In terms of surface runoff, a halance must be struck between the filtering effect of grass during low intensity rainfalls and the erosion of physical and chemical materials during higher intensity events. Tlie key threshold is whether the surface produces runoff that reaches the lake. A stirprisingly small percentage of land actually contributes to surface ninoff. Also, a balance must be struck between the transport of solids and dissolved substances by surface water to the lake and the transport of dissolved substances by ground water. We believe that Mr. Waldron has already taken a positive Stepp has in dealingg with rump ff from his rooftop. By piping that water directly to the lake, he ded all of the materials that runoff could entrain if it %%ere diverted to the streets or even his lawn. Mr. Waldron must maintain the cleanliness of this system to prevent expensive clogging of the underground pipes and will thereby remove most of the material that %could otherwise be carried to the lake. 205 Ftidue Pieta Bldg 12450 Wayzata BoWevaid Minnetonka, Minnesota 51)343 Te:e phone 1612) 544-8S72 Mr. Waldron's proposal includes the construction of terraces around a cut for a walk -out basement to minimize the sloping land on the property. It is important that this area not be paved and increase the hard cover. However, The improvements in the quality of surface runoff may be offset by degradation of the water that infiltrates and reaches the lake as ground water. Perhaps the best solution, given the state of knowledge, is to choose the most aesthetically pleasing design that avoids an increase in impervious surfaces. Mr. Waldron's proposal also includes a deck that would be installed at the level of the first floor. This would improve the surface runoff situation by intercepting and retaining rainfall much as trees do. Ilowever, it is important that the area under the deck not be paved or made impervious. 3. Prevention of Recurrence The erosion damage done to Mr. Waldron's property in July probably did more damage to Lake Minnetonka than twenty or more years of normal conditions. We believe that the best thing that can be dune to maintain water quality is to avoid a recurrence. This can be done by .installing subsurface drains, controlling surface runoff, and avoiding retaining walls where possible. This problem occurred because rains had saturated the ground prior to a very large rain. During the latter event, excessive ground water pressure caused the slope to fail just above the level of the lake. With this support removed, the rest of the slope quickly failed. The most important step to prevent recurrence is to regrade the slope to a grade no steeper than 50%, revegetate, and install subsurface drains at the bottom of the slope. The drains will prevent excessive ground water pressure. Next, surface water runoff must be controlled to minirize the velocity of flow at any point. One way to do this is to ir-- 11 gutters on rooftops and pipe the water to an area where it no longer has the energy to erode or the opportunity to entrain other materials. Other landscaping can be done to avoid zz. e channeling of flow. Finally, we cannot over -emphasize that retaining walls do not solve slope problems that are caused by ground water condition: similar to those encountered here. Retaining walls are a solution to landscaping problems, not drainage problems. Subsurface drains must be placed behind all retaining walls and the walls must be properly designed. 4. Summary In conclusion, we believe that Mr. Waldron's prop, -I will remedy his erosion problem and will prevent a recurrcr.ce. The keys to th. • are regrading icto slopes less than 50�, installing subsurface drains, avoiding rctainim, walls, and controlling surface runoff. We do not believe that the proposal will create any new water quality problems. t .EQUIREMENTS RELATIVE TO COLLA I_hRAL A. Borrower will submit to SBA evidence of t::lc to collateral and of SBA's lien position and of payment of appropriate fees prior to the disbursement of Loan funds in excess of S5.00000. Such evidence will be in a form satisfactory to SBA Counsel and will be at Borrower's expense. B. Borrower will not sell or transfer .sny collateral described in paragraph 2 hereof without the prior written consent of SB k. 4. USE OF LOAN PROCEEDS Borrower will use the proceeds of this Loan solely to rehabilitate or replace property of Borrower located at 1951 Concordaa Street. Orono, Minnesota 55391, damaged or destroyed by disaster occurring in the month of July. 1937. Borrower will apply all Loan proceeds to the following specific items or areas: A. Approximately $700.00 to repair/replace disaster damaged personal property in similar kind and quantity. B. Approximately S2,800.00 to repair/repaint disaster damaged walls, ceilings, doors, etc. C. Approximately $1.500,00 to replace carpeting, pads, etc. D. Approximately $1,000.00 to repair/replace disaster damaged landscaping. E. Approximately _ S1.500.00 to fill and rcgrade disaster eroded areas. F. Approximately S500.00 for disaster clean-up and debris removal expenses incurred at 1951 Concordia Street, Oro_ng. Minnesota 5539!. G. Approximately S3.800.00 to repair/replace other disaster damaged lat.d improvements, including retaining wall with fill. H. Approximately 5400.00 to repair/replace other disaster damaged land improvements, including wood pier. 1. Approximately $700.00 to repair/rep!acc v-her disaster damaged land improvements, including it . 5. REQUIREMENTS FOR USE OF LOAN PROC'FEDS AND RECEIPTS A. Borrower will obtain and itemize receipts (paid receipts, paid invoices or cancelled checks) and contracts for all Loan funds spent and retain these receipts for 3 years from the date of the final disbursement. Prior to each subsequent disbursement (if and) and whenever requested by SBA, Borrower will submit to SETA such itemization together with copies of the receipts. D. Borrower will make the damaged, rcp:iircd or replacement property(ic�) available to SBA for inspection and verification of the use of I oan proceeds when so requested. SBA Form 1391 (i 8•t) ' 600h l � Page Rcf 50 30 i106 .(0 S6, z.r t cql I-0 ('rrxc►tA .r� I . Yy sf1wz 6/ockf 5, O o xt A e- ?Y. 16 ex`J�)) K 12 G . ,b q l,,ctj 1,9�oi-e, -L 1106.6 - < 0 Dylo 19�� 1- l�•�y� • �7!� .Z 1 S..3 '? s: r; 76 J23.0/ s,�' TO: Mayor Grabek Orono Council Members Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Assistant Planning & Zoning Administrator DATE: November 11, 1987 SUBJ: #1223 John B. Waldron, 1951 Concordia Street - Conditional Use Permit and Variance - Public Hearing Zoning District - LR-lC Application - Request to grade in lakeshore yard to create walkout. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey showing location of proposed deck and retaining walls E - Letter of request F - Plans G - Hardcover Calculations H - Hennepin Conservation District Memorandum regarding lakeshore repairs I - Before and After photographs of lakeshore bank erosion T - Diagram showing location of neighboring houses K - Minutes from Application #1037 - Conditional Use Permit for some work on this application denied in 1986 L - Letter from City Engineer dated 11-10-87 Pertinent Facts - 1. The lakeshore bank of this property was damaged as a retoilt of the 1987 storm. Applicant wishes to repair that damatie by lowering the grade to create a walkout from the existing ho:ise, construct a retaining wall at that cut up to the house, anA regrade the slope and seed it along the lakeshore. Proposal also includes a deck extending from thfc west side of the house where no deck previously has existed. 2. Setbacks: Existing house to the lakeshore = 56' Proposed deck to the lakeshore = 46' Average lakeshore setback encroachment for the house is approximately 12' Average deck setback-ncroachment for the proposed deck is approximately 6 Zoning File #1223 November 11, 1987 Page 2 3. Hardcover 0-75' Zone: Existing - 1107 s.f. per applicants calculations (or 19.7%) Proposed - Applicant proposes to remove the house portion of the hardcover by installation of gutters and a sealed pipe straight to the lake. He also proposes reducing the area of steps to the lake as a result of the grading of a portion of the bank. 'Additional hardcover proposed is a 165 s.f. deck, and an additional 19 s.f. of steps through retaining walls. Applicant suggests that this results in a net removal of 700 s.f. of hardcover in the 0-75' zone resulting in a final hardcover of 7.2%. Staff would note that the direct transportation of roof runoff water to the lake through a pipe is directly contrary to the City's philosophy that all roof and other hard surface runoff should travel over and through the ground surface for filtration purposes prior to reaching the lake. Under current City philosophy, applicant's proposal merely increases the 0-75' hardcover from 19.7% to 22.1% calculated as follows: 834 s.f. of roof area 127 s.f. deck near the lake 43 s.f. concrete half circle 54 s.f. steps to the lake 164 s.f. deck (1r-po-.vJ 19 s.f. of steps throuqh retaining wall 1241 s.f. 5625 s.f in 0-75' zone = 22.1% hardcover Discussion - Applicants situation is similar to many others around the lake where steep lakeshore banks have suffered severed bank erosion over the summer due to the "super storm". The City Engineer has viewed this site and feels it is no different than any other situation along the lake where steep banks nave eroded. He states that there are nume-ous methods of repair to this lakeshore bank that would not require grading out of a wr.lkout area for the house. I would ask you to read applicants letter of request. I would also ask you to read the memorandum from the Conservation District, and then ask you to read the City Engineer's letter which recommends denial of the request to create the walkout.. Staff would note that the majority of existing properties in the neighborhood have not created a walkout by cutting down the lakeshore bank in the manner proposed. An exception to this is the Backstrom residence at 1973 Fagerness Point Road which was excavated out some years ago, apparently prior to the 1975 adoption of current lakeshore ordinances. In addressing certain of the applicants concerns and hardships, staff would note the following: 1. Staf f agrees that a system of vertical retaining wa 1 Is alonq the entire slope w.t-ull he aesthetically less pleasing from the lakeshore view than a grassy vegetated slope without vertical retaining walls. Zoning File #1223 November 11, 1987 Page 3 2. The applicant notes that the Busse application was denied primarily because there was no hardship demonstrated. Staff does not agree that the circumstance of the lakeshore bank erosion is related to the need for excavation to create a walkout. As previously stated, there are methods to suitably repair the storm damage without creating the walkout cut. 3. Staff does not agree that the direct transportation o__ roof runoff to the lake via a non -perforated pipe is in keeping with the current City philosophy that all runoff from hard surface areas should be filtered through the ground before reaching the lake. While the method proposed may serve to decrease saturation of the qround near the applicants house and perk=tps reduce potential for future major erosion events, i- L'.,-)es does serve to transport any debris, dirt, dust, and other roof runoff impurities directly to the Lake with no chance for filtration. It appears there is a ,7onflict in goals between what applicant is proposing and the current City philosophy. 4. The issue of the deck extending beyond the average lakeshore setbacx is an issue unrelated to the grading proposed. This is proposed to be a ground level deck and would not cause an obstruction to neighboring properties' views of the lake. The main issue then with the deck should be the extent of additional hardcover created by the deck. 5. Applicant also notes that with the use of retaining walls the area of f lat surface wi 11 be mainta� ned. There wi 11 not be as much sloped surface on the property. However, ii staff's opinion, that ad6itiona1 flat area does not justify the walkcut excavation proposed. To summarize, staff feels that significant physical hardship to the property, namely, the natural erosion that occured, is not related to the re Guest for a deck or for a walkout excavation. Staff feels there will not be a significant reduction of hardcover but there will be an increase in hardcover. Staff feels that there are other methods to prevent further erosion into the lake instead of the applicants proposal and staff suggests that the walkout cut will not be consistent with neighboring properties, the majority of which are constructed with a basement total'_ below ground level on the lakeshore side and which do not have walkout cuts centered on the property. Staff Reconmendation - Staff recommends denial of the proposed grading cuts to create a walkout and recommends that applicant submit a revised proposal for gradinq in order to repair and maintain his lakeshore bank. �taf f would recommend approval of the lakeshore deck proposal near the house as shown conditioned upon concurrent removal of the 9' x 1 4' deck at the edge of the slope, resulting in a net increaseof 37 s.f. 0-75' hardcover, or from 19.7% to 20.3%. UP ORONO GENERAL LAND USE APPLICATION ---------------------------------•-------------------------------------------- PROPERTY LOCATION Site Address 1951 Concordia Street Property Identification Number (P.I.D.) 18-117-2314 0011 Please check one - Is the property X abst.,--t or torrens? (for Conditional Use Applications only) Please attach legal description to application if not=�iic`�tidec con required survey..1" '/ l 1jL� !: L 1� � L' L' • CAL APPLICANT-------------------^-------------j`,ffi�Q7_ Phone (home) 471V T`--- IL r.v •'•L'l' Name John H. Waldron Phone (work) 339r�4� 4'it --' ; C. rl'`:,-;� —r --;,,, 477' i v- Address 1951 Concordia Street City Orono Zip 55391 ---------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) 471-0607 Name —Jnhn R- and Lynn H- Waldron Phone -i3o-oggl Address 1951 ConcordiA Street City Orono Zip 55121 Date Property Acquired 4J7 (month/year) I XdW (do not) also own the adjacent parcels of land. ------------=--------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Resiaential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use X $200.00 f) Land Alteration Grading and filling - 1-1 cu. yd. or more Seawall, retaining walls within 75' of lakeshore FRD/PID - see fee schedule OTHBR APPLICATIONS $150.00 Commercial Site Lan Review (+ c-onsultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation with Subdiviston $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property X Residential Other (specif:) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: Change grade on lakeside of house and add rQtaining walls to repair storm erosion damage; also add walk out to basement and deck attached to house --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepii. County Department of Finance A-603 Government Cernter 348-3271 ) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survc 5. Construction plan, ii applicable. 6. Plat Map. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete iZ the ')ove information has not been included. ---------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature f Date APPLICANT'S SIGNATURE The applicar hereby agrees to proviO 11 information required or requested b the Zoning 'Administrator, -�s to pay all fees and/or unusual expenses incurred in review of thi =cation, and certifies that the informs* -ion supplyqd is true and cc to the best of his/her knowledge. 61 Applicant's signature Date John B. Waldron OWNERS SIGNATURE The owner hereby acknowledges and agrees to this app' ication and further authorized reasonable er'Ary onto the property by Cit staff, consultants, agents, commissiA members, and Council members for purposes of investigation and �i r/ift4.�,tion of this request. ( 1 / /r Owner's signature 1/._' L Date T_ -------------------4 Tnm r-r--csTrRr�r-- ---art*-tt--ti+�,rr�r-r.---------------------- Applicant must have all submittals into the r'jty offices 25 days before the Planning Commission Meeting. Planning Commission Mceti are geld on the third Monday of each month. Applicants mt> be presenL 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 place and to advise the Buillinq i toning Office of this change prior to the meeting. C0% to st' 21241 i °'Ilk- 4 cti� MAPUGATE s {" , INLET' _ RD_ Ltl MI i / •jow a ' rl AY_ �. �. ALVER R. FIRMA Nt roNKA IAK�- ' 23 •�T i rt RUN BATE M 9147 BATCH 001 38 17-117-23 23 0006 rPOP ADDR ^ I nc ' o COMMIA ST Z TIER NAME "lH E MIST ETAL TAXPAYER Jr.-M E :.=IST NAME/ADOR 1q?f* COIlC(imrA AWE WAYZATA MN 55391 HENNEPIN CG.NTT PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 3A 17-117-23 23 0007 '.IOYD H CRAPER LOYO H DRAPER -015 SIRARD AVE SO %PLS N4 55419 WORT '.1.3. PI435401 FAGE I 38 17.117-:'3 2_i 0012 01937 FAGERNE"S POII:T '• I KLITZKE i H J KLITZKE 'IAM i BETTY KLITZKE AND AS t JILL KLITZKE 1137 FAGERNESS POINT RD WAYZATA MN 55391 _,b 17-117-: . 2 '017 38 17-111-23 23 v. ''± "3 17-117-23 23 0028 FROF %im 0194^ CL'MORD-. ST 014#5 FAGERNE3S POI"* RD L:?'-r' ""t L C SHAW ETA. R A M NOLL R A M NOLL TAXPAitR LAUREME C --H:W RICHARD i MARSHA NOLL kICHARD E NOLL f NAME!'^DR 01-0 CONCMOIA ISSS FAU;MESS POINT RC 1945 FAGERNESS POINT RD mrim MN 551091 WAYZATA MN 55391 94L1.YZATA MN 55391 i 39 4-117-23 14 0001 38 18.1.17-23 14 0006 38 18-117-23 14 0007 ,ROP •' .119'`5 CC>K:C'RD*A ST 0197S FAGERNESS POINT RD 01971 FAGERNESS POINT RD =42 P 'J UERGGRE'l ETAL JOIN K PURDY ETAL T i P MCRTENSON TAXPAYER PAUL V BEPGCREN JOIN K PURL#i THOMAS MORTE:75.7:4 I(1.::E/ADD.:: 1895 C9lXOn'OT . 197S FAGERNESS PT RD 1971 FAGEK ,"&SS PT RD WAYZATA P41 s5391 ORONO MN 55391 WAYZ,.$A MN 55391 S9 18-117-^3 :• OOW 38 18-117-113 14 0009 3d 18-117-23 14 0010 PAC" ADM 01'.3 FAGERNESS POlmf RJ 0196S FAGERNESS POINT 1 01955 FAGERNESS FO --r RD C.- a 9 WJTE A R BA•'KSTR("- ETAL G L EKLOF i C F LEE K F GEMPLE£ i M S IVES TA;; %TFR A R E"CKSTiM' GARY EKLOF / CATHY LEE K F GEMPLER R 4 S IVES N.'11 /&DDF 1973 FAGERNESS FT RD 1965 FAGERNESS PT RD 1955 FAGEP►';'SS POINT RD -XAYZATA MN 55391 WAYZATA MN 55391 ORONO MN 55391 38 18-ll--'3 14 00'1 38 18-117-23 14 0017 36 1-117-23 14 0013 P.IOP AD'._Q 01951 CUSCORDIA ST 01945 CONCORDIA ST 0193S CONCORDIA ST =.?:'If K ME J B WALD"CN i L H WALL RON R W RAGATZ A J I R4GATZ THOMA .1 LYTLE 1AXPAYEG JOH11 B � L"041 H NALDRO.. RICHAR9 W A JILT RAGATZ THOMAS W LYTLE NAME/ADAR 19S1 CONCORDIA ST 5709 AYRSHIRE BLVD 1935 COMOROIA MONO Ill 65391 EDINA MH 55*-36 AYZAIA MN 55391 '- 1t-117-23 14 0014 38 18-117-23 14 0015 38 19-117-23 14 0016 PRO^ '%XOROIA Sl 01905 COIX(,ROIA ST 01949 FAGERNESS `t.INT RD =:If; ':- APITTIER N A C BERGLUND EVELYN A GOLOSTEIN TAX' AETTY HESS IYIRMAN TENINER BERGLUND EVELYN A N" A ST 1905 CONCORDIA ST 1949 FAGEr':ESS POINT RD �>591 WAYZATA MN 55391 ORONO W S539' as RUN 04TE 16/19/87 I` Br, P=OP ADOR Lw,:ZER NAt1E TA.\PAYER T^TAL BATCH NAM /ADDR 001 00018 HVVEPIN COUNTY PROPERTY YHFORhATION SYSTEM 1ROPERTY OWW S LIST . i:oORT NO. PI435401 PAGF 2 I CERTIFY THAT THE FACTS REPRESENTED APE 01 ACCUPATE AND TRUE RE"PESENTATICN OF It;FCT,"AiICt1 AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEtBIEPIt1 COU`:TY PEPARIMENT OF PROPERTY TAXATIOt1. TO THE BEST OF MY K.tOWLECGE AtM BELIEF. ,,� DATE f�wl� BY cave tp �cral�n =Q//�OS� rG�zaini� wLt��S ry!'r 00 O I hereby certify that this is a true and correct repre- sentation of a survey of the boundaries of Lot 10, Fagerness and of the location of all buildings, if any, thereon. it does not purport to show any other improvements or encroachments:_,' COFFIN & GRONBERG, INC. Certificate of survey of lot 10, Fage,ness Hennepin County, Minnesota ovr-tip (3�•S''� N M_ -e s, Mark S. Gronberg MN. Cic. No. 1275.` Scale: 1 inch = 20 feet - Gordon R. Coffin MN. Lic. No 606a Date May 1S, 1986 Engineers, Land Surveyors, Planners O Iron marker Long Lake, Minnesota Datum:- Mean sea level (N GVD-1929) 94} Existing contour _ffg•-: Proposed contour (base Flo-)/ am .s Spot eteaaiiork SAM T. COUREY ROeERT P SCMWINN GEORGE R.KODAOEK JOHN S. WALDRON COUREY. SCHWIV\ & KODADEK A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 300. 400 MARQUETTE AVENUE MINNEAPOLIS. MINNESOTA S5401 TELEPHONE 1: 121 339-0441 October 22, 1987 LAWRENCE R ALTMAN CAROL SHEPPARD SANDRA F GILEIERT JOHNL NELSON 14 City of Orono c, •I P.O. Box 66 Crystal Bay, MN 55323 .�•• Re: John and Lynn Waldron Property 1951 Conc-)rdia Street TO THE CITY OF ORONO: This letter accompanies our General Land Use Application package regarding the above property. The impetus for our request is extensive erosion damage suffered by our property in the storm of July 23, 1987. As y^-i can see from the three photographs enclosed as attachment i "before" photograph and two "after" photographs), an ext,— live portion of the bank on the lakeside of our home slid into the lake as a result of that storm. Oh•'-usly, some extensive work will be necessary to repair the I damage ana prevent further erosion of the slope with resuiL.-:t pollution of the lake. One alternative is to create an extensive sys-em of retaining walls on the lakeside slope area. However, there are several drawbacks to this alternative. One is the extensive cost involved. Another is the fact that, as we have observed, even slopes with extensive retaining walls slid into the lake during the July 23rd storm. Finally, the lakeside retaining walls would be less aesthetically pleasing as viewed from ,he lakr than would a naturally vegetated slope. Our preferred and proposed zolution is to excavate and remove a portion of the bank on each side of the stairs to the lake. This would reduce the need for extensive retainage on t: lakeside face of the slope, would increase the relatively flat absorption area at the top of the bank for future rainfall, and reduce the poss_',ility of future erosion problems which could come in the future, further polluting the lake. Since half of our existia:j hunle is wit.. `., the 0-751 area, it is a. u apparent that some variance fro!7: the City oidinancies will be required to repair the storm damage, whatever the nature of the repair might be. As a part of our pr�posal, we are also Cite of Orono October 22, 1987 Re: John an(*! Lynn WaL --on Property rage 2 1951 Concrriia Str,_et proposing to cut a walk -out in the basement wall of our home and to add a deck above to accommodate exit from the existing rear door of the home and to aid in utilizing the backyard. See attachment B, consisting of two sheets, which depicts the proposed changes. As the City is aware, the previous owners of the property, John and Susan Busse, made application for a walk -out in 1986. The City rejected that application, as I understand it, primarily because the applicant could not demonstrate any hardship nor benefit to the quality or quantity of runoff to the lake. Such is not the case with the present application. A hardship obviously exists due to the damage createu by the July 23rd storm. In other words, in the language of the ordinance, "The plight of the landowner is due to circumstances unique to his property not create: by the landowner." City Ordinance §10.08, subJ. 3.A.2. We did not create the erosion A tuatio n and the situation, although it occurred at a number of of:.ur properties in the City, is not a problem common to homeowners in the City. It is also clear that if the present slope remains unchanged, the lake will continue to be polluted by the resulting runoff and further portions of the bank may slide. Even if one attempts to revegetate the slope as it is, the slopes are too steep +a adequately maintain vegetation and future erosion and sliding would be likely. Hardcover calculations have been made on page 1 of attachment B and show that the proposed changes would result in significant reduction of the hardcover from 19.67% to 7.2%, a 12.47% reduction. The largest part of this reduction is due to the fact that gutters were installed on the lakeside of the home as an emergency measure after the storm. These gutters catch the entire portion of the roof which was previously hardcover within the 0-75' area and divert the runoff directly to the waters' edge by means of r.on-perforated tubing. Since this runoff from the roof is clean, and the tube is not perforated, there is no resulting damage to the water quality from this runoff. This idea was obtained from the Hennepin Conserva- tion District. To the extent that the reduction in hardcover in fact reduces the quantity of runoff to the lake, our proposal meets this concern of the City as well. Runoff to neighboring propero-ies would not change. In general, the proposal can only have a positive effect on the health, safety and welfare of the community, by protectinq the lake from future pollution as a result of erosion and other runoff. By adding a walk: -out and deck to the property, the proposal will only have a positive effect on the values of the prc;-,erty in the surround- ing area. Attachment shows f- me infor Lion r.egardinq the setbacks City of Orono October 22, 1987 Re: John and Lynn Waldron Property page 3 1951 Concordia Street of the adjoining properties. We have discussed our proposal with these adjoining property owners and they enthusiastically support it. In addition, on each side of the property, there are thick bushes which prevent anyone from looking into our bai vard. It is doubtful whether the property owner to the North, Ra-tatz, will even be able to view the new proposed deck from their house, which is set back further than our house, much less from the most lakeside edge of their own deck, which we understand was itself constructed by means of a City variance. The property owners to the South, Gempler and Ives, would be able to view our deck from their deck, were it not for the vegetation. We under- stand that their cisting deck, which extends beyond the lakeside edge of our home, was also constructed with the aid of a recently granted City variance. Thus, the creation of a deck attached to our home would only be in keeping with the construction of the homes immediately on either side of ours. Our deck would only extend from our home a maximum width of ton feet, as does the Gempler/Ives' deck. The reason we have proposed side retaining walls coming out :rom the proposed deck is to preserve the relatively flat ai Y on lakeside of the home as much as possible for purposes of ab'•irption of rain and runoff. However, if the City would prefer to :liminate these side retaining walls in favor of a grading plan as proposed by the Busses, the applicants would be willinq to cc:.isider that. It may be that there will still have to be some re'aini.ng wall on the lakeside bank in either event on the north side the steps due to the steepness of the slope at the top. Attachment D shows the previous certificate of survey furnished by the Busses, and whic}i the presentapplicants present as their certificate of survey also. This survey shows the Busses' proposed grading with our proposed deck and retaining walls superimposed. In summary, the applicants submit that there is a significant physical hardship to their property, making a qrant of the proposed variance reasonable and appropriate. The proposed land use change will result in a significant reduction of hardcover, will hault the further erosion into the lake with resultinq pollution, will be consistent with neighboring properties, and will only benefit those properties and the City as a whole. Aespect ly,submittecl, ohn 13. Waldron - - - - ' ` 1 ' N | ` | ^ ww"A"o OWN r Li Pi OW NQA+ Rf+TI�r+1�:0 h, (ate oeQPNW Noel . -q 5 � I OV-vmG fuZm 1,� I`CN F ►�'� r+rih a MAT W-C4. SON t�cE SiTa Stv.PTloN I to'-0 I KI _- iNo. e. c�TS PLPO ►": to'-o0 SAM T COUREY R OBERT P SCHWINN 6EOROEKODADEK JOHN B :ALORON COUREY, SCHWINN & KODADEK N PROPESS.ONA� ASSOCIATION ATTORNEYS AT LAW SUITE 300. 400 MAROUET'E AVENUE MINNEAPOLIS. MINNESOTA 55401 TELEPHONE (6121 339-0441 November 9, 1987 Michael Gaffron Assistant Planning and Zoning Administrator City of Orono P.O. Box 66 Crystal bay, MN 55323 Re: John and Lynn Waldron Property 1951 Concordia Street Dear Michael: OWES L HANo JELIVERFr LAWRENCE R ALTMAN CAROL SHEPPAR0 SANDRA P C-ILBERT JOHNL NELSON As we discussed today, I am enclosinq a copy of our hardcover calculations it connection with our current Land Use Applicaf4_n. I am also enclosing a copy of the Memorandum we received from Hennepin Conservation District shortly after the July 23rd s*-rm which gave us the idea for tt. _ per Forated sub tubing which 3rains the lake =•Lde of our roc Should you have any questions regarding these documents, please feel free to give me a call. tohn truly i. Wa i on JBW:cy Enclosures _� 6YI - r' L �-7J � 110�.JC I i�.i X;��•iJ LSD• �q� 2-1 s' ' 1 w rr� rr� . � . v.y4 S•� • �pi•frC•t� J•{o4� 10U��SPI<< n,.c o►.. +ts� n .00 I,4•y0 ep,o^ . �. ill.• d: .frr�% Y 30 °1.8U 7. Z Hennepin Consen 3lion District MEMORANDUM TO: John Waldron FROM: James Piegat, Ph.D. DATE: 14 August, 1987 SUBJECT: Repairing Erosion Damage Enclosed is are some general recommendations about repairing damage caused by rains earlier this month. Naturally, there may be additional concerns on a site - by -site basis. Solution of lakes�-,ore problems should begin at the shor-,:;ne. Stabilize the shore and then worK upslope. Retaining walls needed for ;►,,•Mural support should be designed by an engineer. Such walls should be supported by both tie -backs and vertical posts. Prevention consists of controlling surface runoff and ground water seepage. Subsurface drains should be placed behind all retaining walls and at the toes of all regraded slopes. Please contact our office if you have any further questions. We would be happy to discuss particular solutions with your contractor, if you see the need. Telephone Ib121'..44 857:' Hennepin Conservation District Repairing Erosion Damage 1.0 Slope Restoration Eroded areas can be restored by regrading existing material. Clean dirt fill should be used where additional material is needed. The regraded surface must have a uniform slope with a level cross-section; it must not have any depressions or bumps. The fill should be covered with four inches of loamy topsoil for the vegetative cover. Where possible, erodes areas should be regraded to slopes no greater than 1 on 2 (500,o grade). This cFn be achieved by extending the regraded slope at the tce, cutting the slope back at the crer,t, or constructing a retaining wall at the top of the slope. Six-inch diameter d. 3ins must be installed along the tee of all affected slopes and behind all retaining walls. Corrugated polyethylene perforated tubing is recommender.!. Drains shall 5e laid to a neat line and grade in a trench excavated into undisturbed soil. Ther, bould be no void spaces between the tubing and the walls of the trench after bac •.1ling. Turn both ends to provide cutlets. Except for outlets, drains must be three feet below the final graded si.irface. A rodent guard must be placed over all outlets. Retaining walls can be used to shorten the regraded slope. The retaining wail should be placed at the top of the slope and not exceed five feet 'n height. Si -'-inch drains must be installed behind all retaining walls using specifications cited above. Drains should be placed at the same elevation as the bottom cf the exposed wail and four feet behind the wall where possible. An engineer must be cons.ated for the d( sicn of retaining walls needed to protect structures. Minnetonka, Minnesota 55343 Telephone i6l,)) 544-8'i72 2.0 Prevention Future erosion problems can be prevented by controlling three factors: 1) rooftop drainage; 2) surface runoff from lawns and yards; and 3) seepage of grcuno water at the toes of steep slopes and at the base of retaining walls. Roofs should be guttered and the drainage directed, as much as possible, toward the street. Where grading permits, rooftop drainage from the rear of the house can be carried to the street in shal;ow subsurface drains. In special cases, drains can carry rooftop drainage down slope. Subsurface drains should be six-inch diameter corrugated polyethylene unperforated tubing. Surface runoff from lawns, yards, or unguttered portions of reefs must be controlled to minimize water volume and velocity at any single point. Landscapinc should be modified to prevent channelling of surface water. Lew wa:ls cr berms car, be constructed along the slope crest. Water pended behind the wails must be drained through subsurface storm sewers. Eight-incl, diameter corrugated polyethylene unperforated tubing can handle drainage from approximately 10,CC0 square feet if it slopes greater than 1 on 2 (5090 grade). Inlets must Ice protected from trash, leaves, etc. Outlets must dig_ ;harge onto riprap. Vents must �_-e placed in the line where there are significant changes in grade. Many slope failures are caused by excessive pressure exerted by ground water at the tees of slopes. Subsurface drains running along the contour at the toes of slopes and behind retaining walls will relieve the excess pressure and prevent slumping. Standards for subsurface drains are given above. 3.0 Seeding and Mulching It is important to develop a geed vegetative cover cn steep slopes as quickly as polsssible. The work to be performed for seeding disturbed areas �rcludes: 3.1 *ihis item shall consist of furnishing all seed, fertilizer, mulch, netting, labor, and equipment required to prepare the seedbed, seed, fertilize, and mulch the critical areas as described in Items 3.1 through 3.7. 3.2 Ea:'h site shall be seeded and mulched a:, soon as practical upon completion of shaping and seedbed preparation. 3.3 All disturbed areas designated for seeding and mulching shall be spaced to a uniform slope of 2:1 or flatter and seeded within 1 day after seeded preparation. 3.4 The fertilizer shall be applied at the following rates of available plant food per acre: Nitrogen (N) Phosphoric Acid(P2O5) Potash (K2O) Ground Limestone 1C0 Ibs (2.3 Ibs/1CC0 sq ft) 100 Ibs (2.3 Ibs/1C00 sq ft) 100 Ibs (2.3 Ibs/1000 sq ft) 3 Tons per Acre (140 Ibs/1C00 sq ft) (as determined by soil test) 3.5 A minimum of 4 inches of topsoil shall be applied. Topsoil shall be fr iaCle, loamy material (loam, sandy loam, silt loam, sandy clay loam or clay loam) and shall be free of debris, trash, stumps, rocks, roots, noxious weeds or any substance potentially toxic to plant growth. Topsoil shall have an organic matter content of not less than 30% by weight and shall have a pH of 6.0-7.5. Topsoil containing soluble salts greater than 5COppm shall not be used. 3.6 Seed shall conform to the quality requirements of Federal Specification ]]]-S- 181 and State of Minresota seed laws. All seed;n rote will be based on cure '-;vg eAt 3.7 The following seed mixture and rates of pure live seed shall be used: ec es PLS its ra , Itm 1GC0 4 Smooth Bromegrass 15 0.34 Kentucky Bluegrass 5 0.11 Birdsfcot Trefoil 3 0.07 Perennial Ryegrass 3 0.07 3.8 After construction is completed to design grade and shape, fertilizer shall be applied uniformly over the area to be seeded. Surface tillage to a depth of 2 inches shall be done to incorporate the fertilizer and lime if needed as determined by soil test. The site shall be reasonably smooth and free of debris such as rocks, roots or tree branches before seeding. 3.9 The seed shall be spread uniformly on the surface. Broadcasted seed shall have an approximate earth cover from 1 /8 inch to 1 /4 inch (between 1 /2 and 1 inch on most sands) by dragging or hard raking before thy, mulch is applied. a. Broadcasting - Seed shall be uniformly distributed by a mechanical or hand operated seeder. Cover the seed by cultipack;ng, harrowing or hand raking. b. Hydroseeding - Apply the seed alone or seed and fertilizer in slurry form uniformly over the area. Hydroseeders shall provide continuous agitation and be capable or supplying a continuous, non -fluctuating flow of slurry. Cover the seed by cultipacking, harrowing or hind raking. 3.10 Mulching shall be done immeciately after the .d is sown. The mulch shall consist of clean hay, straw, or long fibered wood cellu,,,se blown or hand applied at a rate of 3,000 to 4,CC0 lbs. per acre for hay and straw, or 1,5C0-2,CC0 lbs./ac. for the wood cellulose. The contractor will provide a method satisfactory to the engineer for determining the weight of mulch furnished. 3.11 On slopes steeper than 3:1, the mulch shall to anchored by a netting securely stapled into place. The ne-. ing shall be a black polypropylene extruded rectangular mesh with 3/4" x 1" opening and having a weight of 2.6 rounds per 1,CC0 square feet i+ 0.5 Ibs.). Netting shall be equivalent to Eccrcmy Eresicn Control Netting from Conwed Corporation, 332 Minnesota Street, St. Paul, tON 55101. All netting will be secured by staples on 4 to 5 foot sta55ered centers, except on the ends of the netting where staples will be placed at 1 to 2 foot spacings along the entire width. Adjacent or end to end nets will have a 4-6 nch overlap with the net on the upstream side of any lateral water flow on top. Staple will ce 1" by 6" long, 11 gauge wire staples inserted flush with mulch cr ground surface. 3.12 When construction is completed between May 15 and July 1 and August 1 and September 15 all sites will be seeded to the permanent mixture listed in 3.7. No dormant seedings ,.Vill he made when using this permanent mixture. If construction is completed during the period of September 15 to Noverter 1, the area will be seeded with a temporary seeding consisting of 10 pounds per acre perennial ryegrass planted with a grass drill or hand seeded and h3rr-,.,ed. After these dates a dormant seeding may be. made. a. Dormant sef:dings are made after soil temperatures are cool enough to prevent germiration. Procedures for applying needed lime and fertilizer, seedbed prep:iration, seeding and mulching are the same as during ether seeding pu, irJs. b. Ar: al`ernate method of dormant seeding is to apply neede and fertile,_ei, prepare a seedbed, and apply and anchor mulch. Sow seed as a dormant seeding over the mulch during the time period shown in the Optimum Seeding Period Table. Do not seed on ice, or snc .Y deeper than 2 inches. Double seeding rates when using this method. 3.13 Optimum Seeding Period Grass/Leciume Species Sorirq _ _ Summer Dormant Cool Season Grasses 4/1-5/50 8/1-9/15 11/1-4/1 Warm Season Grasses 5/15-6/20 - 11/1-4/1 Alfalfa; Red Clover 4/1-5/20 8/1-8/20 V/1-4/1 Birdsfoot Trefoil; Crownvetch 4/ 1-5/20 - 11 / 1-4/1 3.14 Establishment Management: a. Control undesirable broadleaf weeds, weedy grasses and woody plant growth as needed. Clipping should be done before the weeds begin to compete for moisture and prior to weed seeds maturing. b. Herbicides may be used to control some species cf weeds. Optimum control will be obtained when weeds are in early growth stages. Herbicide applications should be delayed until grasses reach the three -leaf stage. Do no' apply herbicides to seeding mixtures that include legume. F ierbicides shall be applied in accordance with authorized, registered uses and directions on the lzbel. The individual vrt-,o applies herbicides is resporsible for complying with federal,state and kcal laws and regulations governing the use of herbicides. 4.0 General Recommendations In The Estab!ishment Of Grass: Seeded Preparation - Area to be seeded should be well worked: the same as for a standard lawn seeding. Harrow or pack the seedbed prior to seeding to break up large clods and firm the seedbed. The prepared seedbed must be sc;1 enough to permit covering the seed and anchcrng mulch yet firm enough to prevent turying seeds too deep. For example, the sail should be firm enough to suprcrt the weight of a person without sinking into the soil more than ; /2 inch. The entire seedbed should be uniform, friable and well packed. In some cases, hevy lard roller or culti- packer may be needed to get the desired compaction. Perform all cultural operations across s!epes where possible. Areas inaccessible to equipment shall be scarified by hand. 4.2 Method of seeding- Prope, placement of grass seed is very important. The most desirable method is to use a grass type drill that will plant the seed about 1 /2" deep in well packed soil. If such a machine is not available, the seed can be broadcasted on the surface. If this method is used, then the entire area should be harrowed twice immediately after seeding. On slopes steeper than 3:1 this will generally mean hand harrowing etc. 4.3 Time of seeding - If warm season grasses are recommended the most desirable time to seed warm season grasses is after the soil has warmed up over 60 degrees. This usually will correspond with the average seeding date for sudan grass. At the 450 latitude, this would be approximately from June 1 to June 30. If these grasses are seeded tco early or in the fall, they generally do not perform as desired, and will often result in a failure of the planting. Grass other than warm season grasses should be seeded before May 10 ar,,j from August 1 to September 15. 4.4 Seed sources - Most large seed companies can get the warm season grass seed if you will place you order with them well ;n advance of your planned seeding date. The Sexaur Company of Brookings, South Dakota; k1li!er Seed Company of Lincoln, Nebraska; Sharp Bros. Seed Company of Healy, Kansas; and Peterson Seed Ccmpany, Savage Minnesota usually have these seeds cn hand. 4.5 Se2d;na rate and mixture - Our goal to seed approximately 1CO live seeds per square foot. One other important item is to order your seed on a Pure Live Seed Basis (PLS). This will help guarantee that you will get 1CC live seeds planted per square foot. 4.6 Management - All competition (weeds, etc.) should be kept cut as often as needed. Normally the cutting will help weaken the competitive plants and give the newly seeded grasses adequate sunlight and a chance to ircrease. Supplemental watering can be beneficial during July and August in the establishment period. W9 [iarnC4.'To SUASuRRKn EXIST Nft Ski ILE '�J Z CIS i �NC1 Y �� i 1 Nwy. Sw7t S�btuu�e let! - PLvti NA%1CC.AwM_ %%I 9; - IIINUTES OF THE PLAW41NG COMMISSI034 141;ET1WG HELD JULY 21, 190G WJWIN BUSSE CONCORDIA STREET VARIANCE/CONDITIO:;AL USE PERMIT - SECOND RMII EW John 1"usse was not present for this matter ar— the Planting Commission waited until 11:40 P.M. for his presence to act on his request. It was moved by Bellows, seconded by Chairman Kelley, to recommend denial of a conditional use permit and variance to regrade lakeshore yard to create a walk-ou-c basement conficuration per staff recommendation. Notion, Ayes 5, Nays 0. 01042 THOMAS J. 1-=WELL 3685 WATERTOW/7 ROAD CONDITION1AL USE PERMIT PUBLIC HEARING 7:57 - 8:05 The Affidavit of Piblica-ion and Certificate of Mailing was rioted. Assistant Zoning A,'ministrator Gaffron explained the request for conditional use permit for guest house use rf second existing residence, in conjunction with combination of 2 parcek's of + 5 acres each into a single parcel. Mr. Maxwell's aunt, Arlie Thorpe, owns the adjacent property and will deed the property to Maxwell in exchange for a life estate. This will allow construction of a new 6 stall barn meeting the 150' setback from all property lines, and allow 7 horses maximum. Jack Ebert was present representing Mr. `•taxwell and stated that he had the signed deed in hand. c.o one was p,:escnt cram the public rega-rding this matter and the public hearing uas closed. Callahan stated that he was opposed because it w ad zoning & planning to combine the property just i, he purpose of allowing 6 horses. Bellows and Goetter agreed with Calla'.an. Assistant Zoning t,dmir.istrator Gaffron noted that once the properties were comt,,incd they might not be allowed to subdivide again because the propelties would be substandard in the required 5 acres zoning area. Taylor stated that the applicant has complied with the Planning Commission's direction at the last neeting. Mr..Donald agreed with Taylor. 6 y 'dI':UTES OC THE PLANINING COMMISSION MEETING HELD JUNL 16, 198G j1035 ROBLRT KOEIRIEPI CONT. Planning Comi,tirsion concurred with staff's interpretation. i10 one was present from the publi.c regarding this matter a d the public hearing was closed. It was moved by Coettcn, seconded by Chairman Kelley, due to the Planninq Commission's interpretation that this is an alley, not a street, that no variances arc required if structure is reduced to no more than 1000 s.f. and maintains the 10' setback from the alle,/ and doors open to the side; and staff be instructed to refund the application fee. Motion, Ayes 7, Nays 0. #1037 JOHII B. BUSSE 1951 CONCORDIA STREET CCUDITIGNAL USE PERAlIT POBLIC QEARIVG 8:28 - 8:40 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Admini^trator Gaffron explained the request for conditional use permit and variance to regrade lakeshore yard to create a walk -out basement configuration. He noted that City Engineer Cook, per his letter, indicated that he felt disruption of the bank could result in a negative , m�act on Lake Minnetonka and does not recommend approval of the grading plan. John Busse was present for this matter and stated the purpose of creating a walk -out was mainly to finish the basement, provide light, and to try and solve the water problem by means of rclearing the hydraulic pressure on the foundation. He submitted a letter from Engineer Mark Gronberg which explainel the measures that would be taken in order to prevent erosion into the lake. Kelley stated that he was not in favor of this because of his concern of creating a chain reaction in th-s tyre of request. Rovegno suggerted that this application b,� table for more review. Goctten agreed with Kelley and Rovegnc,. Taylor :stated that he felt water damage wAs a legitir-ate hardship. No one, was prt-beet from the public re(lardira t►:i.s matter and the public- heari.nq wa!; closed. 'l1:1U'I'ES OF THE PLANNING CO?i-:ISSION MEETING HELD JU�JE ]G, 193E "103;KOOJOII14 B. BUSSE CONT. It was moved by Rovegno, seconded by Goetten, to tattle this matter so that applicant can provide additional hydraulic/hydrologic information for the City Engineer to review, and also review impact- on lake and neighbor's properties, and neighbor's opinions. I,:otion, Ayes 7, Nays 0. #1038 GORDON N. 14ELSON 1310 ELMWOOD AVENUE VARIANCE PUBLIC HEARING 8:41 - 8:47 The Affidavit of Publication and Certificate of Mail_ was noted. Assistant Zoning Adm;.nistor Gaffron explained the hardcover variance request olconstruct a detached garage (2.98 increase in hardcover in the 75-250' from 32.9% to 35.8%). Gaffron noted that applicant does not have an exisiting garage and proposes to remove 2 existing storage sheds. Lie, also noted that removal of a 3_d ,xisting shed would reduce the hardcover to 1.6% incr :ase. He explained the grading vork that would be required consisting of approximately 90 cubic yards which does not require a conditional use permit. Gordon Nelson was present for t..is matter and stated that he will rc,7.ove the 3rd shed als. (resulting in 1.6% hardcover increase in the 75-250' - total 34.5%). Goetten stated that she felt there was a real hardship invol -�d with the severe :lopes of property. No one was present from the public regarding this ratter and the public hearing was closed. It was r by Goetten, seconded by Kelley, to recommend -,,,,:oval of the variance, subject to Staff"s I..irdship findings and conditions and subject to removal of all 3 sheds and no additional hardcove, will be allowed. Mr, tior., Ayes 7, Nays 0. 1�! Bonestroo ; Rosene t Anderlik & k1d, Associates Engineers & Architects November 10, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Otto G PE Rodent PE Joseph L ►E Bradford r r9. PE RKhard E lu. PE James C Olson. PE Glenn R Cow. PE Thomas E Noyes. PE Rctterl G S(hunKht. PE Marvin L Sorvala. PE Re: File No. 139 - 1223 John Waldron Dear Jeanne, Keith A Gordon. PE RKhard W Fouer, PF Or)nald C Burgardt, PE Jerry A R-odon. PE Mart A Hanson. PE led K field. PE Michael T RmAmann. PE Robert R Pfetterle. PE Dowd O Loskoca. PE Thomas W Peterson, PE MKhael C Lynch, PF James R Maland. PF Kenneth P Anderson. PF Keith A Bachmann, PF Mark R Rolls, PE Rotxn C Russek. A I A Thomas E Angus. Pf Mowerd A Sanford. PE Chat'#% A ErKkWn Leo M P~fN k)f Harlan M Ol.on Susan M Fberon Mart A Srrp We have reviewed the John Waldron request for reconsLruction of the lakeshore banks at 1951 Concordia Street. The lakeshore banks were seriously eroded during the summer rain storms and should be repaired as soon as possible. Silt fence and/or other erosion control procedures should be placed along the lakeshore as a temporary protection. The property owner is requesting permission to construct a walkout basement as a part of the shoreline restoration work. We reviewed a similar application from the previous owner which was denied. The restoration of the lakeshore banks can be completed without constructing the walkout basement. The property owner should be requested to submit a plan for restoration of the lakeshore banks. This can be accomplished by cribbing, stabilization fabric or camouflaged retaining walls. There was a siguificant amount of suii lost when the la►casnore bank tailed which will allow for a flatter slope after reconstruction. We would recommend that the lakeshore bank be restored back to near its original condition con- sistent with city policy. If you have any questions. please contact this office. Yours very truly, BONESiR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:li 24 l r : NMI i, 2335 West Highway 36 • St. Paul, Minnesota 55113 • 61? 636-4600 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: December 2, 1987 Subject: #1225 James H. Gilbert, 955 Tonkawa Road - Variances - Resolution Application - Average setback variance and hardcover variance to construct a new deck on the lakeshore side of the home. Zoning District - LR-lip, 1-acre sewered List of Exhibits Exhibit A - Resolution Exhibit B - Planning Commission Minutes of 11/16/87 Exhibit C - Notice of Planning Commission Action Dated 11/25/87 Exhibit D - Memo & Exhibits of 11/12/87 Pertinent Facts - 1. Hardcover 0-75' 75-250' Existing = 0% Existing = 23.7% + existing deck (not calculated, but near 25% total) Proposed = 0% Proposed = 26.8% (27.5% if patio is added) (27.9% if gazebo is added) 2. Average Lakeshore Setback - The majority of the existing house encroaches on the average lakeshore sctback line. The proposed deck, patio and gazebo require an average• setback encroachment variance. Discussion - Please re%iew the memo and exhibits of 11/12/37. Applicant proposes to remove his existing deck which is in poor condition and replace it with a somewhat larger deck and patio system with a future proposed gazebo. None of the proposed structures are within the 0-75' setback zone. Planning Commission, at their November 16, 1987 meeting, recommended 5-0 to approve subject to the conditions that the gazebo, if constructe-*, must be at least 10' from the side lot line and that ai.y fence constructed as shown on the plan may not Exceed 42" in height nor extend into the 75' lakeshore setback zone. Planni►-y Commission noted that. there is little or no extraneous hardcover on the property that could be feasibly removed to offset the hardcover increases proposed. Staff Recommendation - Staff recummends approval per the Planning Commission recommenda+ion and per the attached resolution. City of ORONO . RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 & 2 FILE #1225 WHEREAS, James Ti. Gilbert (hereinafter "the applicant") is the owner of the property located at 955 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 5, Block 1, Vasa Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zon:nq %.: de Section 10.22, Subdivision 1 to permit the construction of a de0 and gazebo, both to be located closer to the lake shore than the average distance from the shoreline of existing residence buildings on the two adjacent properties, where no such encroachment is normally allowed; and a variance ::o Section 10.22, Subdivision 2 to allow addition of hardcover on L;,e property in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDI14GS 1. This application was reviewed as Zoning File #1225. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning Di,trict. 3. The Orono P anning Commission reviewed this application on November 16, 1987, and recommended approval of the proposed variances based upon the following findings: A) The location of the house to the north is such that any addition or recons`ruction on the lakeshore side of applicant's residence would require an average lakeshore setback variance. B) The layout of neighboring houses in relation to lake views, the topography, existing screening, and the location of neighboring houses arc all factors which combine to indicate that there wi 1 1 he no encroachment on actua 1 lake vie,.s enjoyed by either neiq,bori.nq Froperty. Paqe 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. C) There is nL extraneous hardcover on the property that can be feasibly removed to compensate for the hardcover additions. The 90' setback from the lake to the proposed structures contains virtually no pre-existing hardcover. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the 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 to Mur_icipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of a deck and gazebo located closer to the shoreline than the defined average lakeshore setback line for the property; and grants a variance to Section 10.22, Subdivision 2 to allow 27.9% Hardcover in the 75-250' lakeshore setback zone where only 25% hardcover is norm -illy allowed, subject to the following conditions: 1. The average lakeshore setback encroachment is limited to 64' as shown on the site plan attached hereto as Exhibit A. 2. Hardcover allowed in the 75-250' zone is limited to 27.9% (9,759 s.f.) as follows: House and attached garage = 5,017 s.f. Retaining wall = 25 s.f. Stairs in yard = 30 s.f. Concrete & asphalt driveways & sidewalks, entryways, stoops, etc. as shown on Exhibit A attached = 3,217 s.f. Proposed deck 1,110 S.f. Proposed patio = 240 s.f. Proposed gazebo = ------------- 120 s.f. TOTAL `► , 7 `. 9 s.f. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Applicant is advised that any future proposals to increase hardcover on the property will not be approved but may be approved in conjunction with concurrent removals of existing hardcover on the property. 3. Applicant is advised that the gazebo, if constructed, must be at least 10' from the side property line, and if the proposed chain link fence is constructed, it may not exceed 42" above grade and may not continue into the 75' lakeshore setback zone per current zoning code regulations. 4. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 14, 1988). 5. Violation of or non-compliance with any of the terms and conlitions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant 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 on this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property OwnerTs) Page " of 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 11225- JAMES H. GILBERT i55 TONKAtiA ROAD 1ARIANCES PUBLIC HEARING 10:13-10:17 The Affidavit were noted. of Publication and Certificate of Mailing James Gilbert was present for this matter. Gaffron explained the request for average lakeshore setback variance and hardcover variance to remove an existing deck which extends from the main f loor of the residence and replace it with r. somewhat larger deck and patio system. The long term plan also includes a gazebo. None of the proposed :;tructures are within the 0-75' setback zone. Staff recommends approval of the average lakeshore setback variance finding there will be no view encroachment upon eithei neighboring property; and recommends approval of the 75-250' hardcover variance of 27.9% finding there is no extraneous hardcover on the property that can be remc-red and noting there is virtually no hardcover withi , the 90' setback from the lakeshore. Staff recommends that if a gazebo structure is constructed, it should be at least 10' from the side property line. In addition, referring to a chain link fence shown on the plan, staff advises applicant that the height of this fence may not exceed 42" above grade and may not continue into the 75' lakeshore setback zone. James Gilbert stated that the existing deck needs to be replaced and noted that the proposer? structures cannot be seen from the lake or adjacent property owners due to topography. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Brown, to recommend approval per staff recommendation. Lotion, Ayes 5, ways 0. 14 ZONING FILE NO. 1225 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTIOY P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11•.5-87 --------------------------------------------------------------------------- TO: James H. Gilbert COPIES TO: 955 Tonkawa Road Long Lake, MN 55356 TYPE OF APPLICATION: X Variance ----------------------------------------------------------- DATE OF NESTING: 11-16-87 VOTE: 5 For 0 Against Planning Co ission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1) Gazebo, if constructed, must be at least 10' from the side lot line. 2) Fence, if constructed as shown on plan, may not exceed 42" height nor extend into 75' lakeshore setback zone. Applicant's next scheduled meeting is confirmed as: City Council December 14, 1987; meeting starts at 7:OOp.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. /q. 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: #1225 James H. Gilbert, 955 Tonkawa Road - Variance - Public Hearing Zoning District: LR-lB 1 acre sewered Application - Average setback variance and hardcover variance to construct a new deck on the lakeshore side of the home. List of Exhibits: Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey ExhibitE - Survey with Staff Notations Regarding Hardcov r and Average Lakeshore Setback Exhibit F - Hardcover Calculations by Applicant Exhibit G - Hardcover Calculations by Staff Exhibit H - Design Plan PERTINENT FACTS: 1D Hardcover -Lx:sting in 0-75 foot zone - 0 -Proposed 0-75 = 0 -Existing in the 75-250 foot = 23.7% not including existing deck -26.8% with proposed deck -27.5% if patio is added -27.9% if gazabo is added OAverage lakesnore setback - The majority of the existing house sets lakeward of the average lakeshore setback line because the house to the north is located approximately 200 feet from the lakeshore. Technically an average lakeshore setback variance is regvried. Discussion Applicant is proposing to remove his existing deck which extends from the main f loor of the residence and replace it with a somewhat larger deck and patio system. The long term plan apparently also includes a gazebo located near the south side lot line. None of the proposed structures are within the 0-75 foot setback zone. Hardcover. Although the property exceeds three acres in area the bulk of the hardcover is within the 75-250 setback zone. In reviewing the existing hardcover there appears to be virtually no existing hardcover to remove as a trade off. Al existing hardcover areas are used or have a purpose including a loop driveway necessitated because of the topography and driveway aprons and parking area for ar RV. The proposed deck is approximately 1100 square feet in area. The proposed patio adjacent would be approximately 240 square feet in area. The future gazebo has a net square footage of about 120 square feet. Note that 1% hardcover in the 75-250 foot zone on this property is 350 square feet. In relation to the size and scope of the existing house the deck does not appear excessive in area. Average Setback. As you can see from Exhibit E, virtually the entire proposed deck is within the average lakeshore setback zone. The existing topography, the layout of the neighboring houses and existing vegetation in screening all suggest that the proposed deck and patio will not be within the visibility of either neighboring property and will not encroach on any existing view of the lake. The proposed tature gazebo would have a vertical character whict, would likely make it visible from the property to the south, but would noc appear to encroach on any lakeshore views enjoyed by that property. Staff would note for the record that if a variance is granted to allow the gazebo, that variance is in affect for a one year period only. Hence if construction occurs at a later date a renewal variance application would be required if the gazebo is initially approved. Staff would note that while applicant could reduce the size of the deck in order to meet the 25% hardcover standard the size of such a resultant deck would be relatively small, only about 400 square feet, not in keeping with applicant's intended objectives. Staff Recomendation Staff recommends approval of the average lakeshore setback encroachment variance, finding that locations of neighboring houses, the layout of neighboring houses in relation to lake views, the topography and the existing screening all combine tc indicate that there will be no incroachment on actual lake views enjoyed by either neighboring property. Staff would also recommend approval of a variance for hardcover in the 75-250 foot zone, allowing 27.9% hardcover where 25% is normally allowed, finding that there is no extraneous hardcover on the property that can he removed, and finding that the 90 foot setback from the lake to the proposed neck contains virtually no 7 existing hardcover. Staff would further note that if the gazebo structure is constructed, its location must be at least 10 feet from the side property line. In addit-ion, staff notes that on the plan a chain link fence is proposed lakeward of the average lakeshore setback line to enclose the patio and deck and gazebo area. Although the height of this fence is not specified on the plans, that height may not exceed 42 inches above grade and may not continue into the 75 foot lakeshore setback zone, per current zoning code regulations. Fee Rece ipt ..,'25 Initials2 i CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address Gl S S-TniG4W"4 Pr Property Identification Number (P.I.D.) Please check one - Is the property abstract or ,� torrens? Attach legal description to application if not included on required survey. APPLICANT Phone ( home ) y-7r- 016 o`Y Name e! pl� �lC� / � . .>i.�jtr' Phone (work) ��Iz" Address: Q SS 14 Pl\ City: (.7 r n zip: 553U3 ------------------------------------------•-(--------- OWNER (if different than applicant) Ph-,uc. (home) r-r, -- r•n.- NC,. -:Ff ICE Name Phone (work) it 15i, 00 Address: City: Zi-pEclt• �--+Mir-; CU Date Property Acquired (monttrlYdt't )"" :,`3137 I (do) (do not) also own the adjacent parcels of land. ----------------------------------- -------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Re .ential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost S 5 Describe request in detail: 2eeiAy -+- E xOvz %,--_ --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width •' Hardcover Setback Variances ( > Front Side Rear) Other ---- - -----------------------------------------------------------...-- HARDSHIP Describe undue hardshi; practical difficulty resulting from strict enforcement of zoning regulations: r,CCL i5 J-o�/4;6 ►'Aseu F,_e ere[Ae w eeo f , Aac- E x 1 Aae F6 el,, r-.e 6Witt •r 4 `o sc� --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: f re,.r qj, f{vu-e- ^z r r lac_ SuM /PpZ A e&46OrS '3r-efP IRED SUBMITTALS ✓1S. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. .,,4. Certificate of survey including hardcover calculations as required. A. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the abo• information has not been included. Certification by Zoning Department that Variance Application is complc ._. Zoning Official's Si-^ature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information requi requested by the Zoning Administrator, agrees to pay all fees unusual expenses incurred t review of this application, and certifi the information supplied is true and correct to the best of h: knowledge. Applicant's Signature r "- 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. 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 schoduled meeting, to please :Hake arrange- ments to have an authorized agent attend in your ple -e and to advise the Building & 7oning Office of this change prior to the meeting. 0 0. 84 LIJ I.E LOT Is Pcrt LCT 1! Ic. i rill., (A k 1w 0 IC 17 g I as RUN DATE 10/21/87 ' BATCH 003 38 08-117-23 12 0003 PROP ADOR 00 %0 TONCAWA RD Ot':ER NAME DAVID J RIDLEP ETAL TA' -'PAYER DAVID J RIDLER NAME,-DDR 29ZS GARfIELD AVE S MPLS Y..1 55408 38 08-1I7-23 21 0014 PROP ADOP 00955 TONFAWA RD (7-'NER V,%ME J A M GILBERT TA'PATER JAMES H A MARY M GILBERT NAME/ADOR ',55 TONKAWA RD LONG LAME MH 55356 PROP ADOR =11ER NAIIE TA'•PAYER TOTAL BATCH NAME/ADDR 003 00006 HENNEPIN COL*fTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 12 0006 00990 PARTENWOOO RD BRUCE A MARY ENGELSMA BRUCE A MARY E1.'GELSMA 990 PARTEt5 OOD RD LU.i LAX MN 55356 38 08-117-23 21 0015 00975 TOHK AWA RD A A M KARAS ANTHONY J FARAS 975 TONKAWA RD ORONO MN 55356 REPORT NO. PI435401 PAGE 6 38 08-117-23 21 0013 00935 TONCAWA RD WILLIAM J MCLELLAN ETAL WILLIAM J MCLELLAN 935 TONKAWI ROAD LONG LAKE MN 55356 38 08-117-23 21 0016 00985 TONKAWA RD GERALD A PARTEN A WIFE RICHARD M MAST 88 INLAND LA PLYMOUTH MN 55447 I CERTIFY THAT THE FACTS REPRESENTED ARE All ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEtp1EPIN COUNTY DEPARTMENT OF PROP RTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 DATE �Y 93 CFRTIF ILATE J Y'R.i v TON JA+1;5 I'. wtp;WT of [(it 5. r' 'aY I, VA'A YARI t'ERNEPIN LQYNIY. MINNESUTA N,/.JOfOvf.f lJrf ,rJrJ s••i ir,...1 �• ••I/ N 7M: !I h O 7/ /• O Il•1J1 11, JM tt1 /• WOW 1J lJ tJJ•M 91,90o rq ^ f •lJ! io tl JJr•MM IRpee�y �' •liar J.lt L e s. SCALE: I" J."Y DALE 9-�9-8/ N •• � 35.r floor IF:11 $*,fo! lots le 5.11 L-1 SCALE: 1' 49' DATE 9-Z9.81 IRON MARKER I hereby certify tivit the I d I i %Q eml correct t epre it :.f : %.§, ws b. HIr,( P 0 w f� ?1 es jc�4!i ;r.� •''t s es 4.. u 1� • .40 %pjiIft e LV L S-doer/.+r -J, o f P-JV-87 � S�L•3Y � �� --n j140. M7.� 955 Tonkawa Rd Long Lake, MN 55356 HARDCOVER REGULATIONS AND WORRSHEET A. HARDCOVER ORDINANCP. - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surfaces ('hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before ent�rir.g the lake. B. HARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED I. 0-751: in the area within 75' of the lakeshore, No Hardcover is allowed II. 75-2501: in the portion of the lot located between 75' and 250' from the lake, 25% of that portion of the lot may be hardcovered. III. 250-500': in the portion of the lot located between 250' and 500' feet from the lake 30% of that portion of the lot may be hardcovered. IV. 500-1,000': in the portion of the lot located between 500' and 1,000' feet from the lake 35• of that portion of the lot may be hardcovered. NOTE: These regulations apply even if you have a lot that does not abut the lake but is within a lakeshore zoning district. C. ROW TO DETE, rNE LOT AREA WITHIN EACH SETBACK ZONE (To be used as denominator in all hardcover , ,ventage calculations) I. 0-75' Zone Area - 75' Average width of lot in 0-75' zone) measure parallel to shoreline I IT, -1SV 75, x ft. aow— s.f. (1) (Avg width) Area of 0-75' zone II. 75-250' Zone Area a (1751or avg lot depth in zone) x(Avg width of lot in 75-250' zone\ measure parallel to shoreline J 175, x Zip ft. s.f. (2) ( Av-3 width) Area of 75--250' zone III. 250-500' Zone Area - (250' or avg lot depth in zone) x�Avg width of lot in 250-500' zone) nCasure parallel to shoreline J 250' x 7Z10 ft. 6Z( _ s.f. (3) (Avg width) Area of 250--500' zone IV. 500-1,000' Zone_ Area - (500' or avg lot depth in zone) x(Avg width of lot in 500-1000' zone`) measure parallel to shoreline 500, x zIs ft. - `V _s.f. (4) (Avg width) Area of 500--1,000' zone Z a -5,0 orn : l e11 ` Pv(r r✓ - ,_%1 . z pK-AwAL D. HARDCOVER CALCULATION SUMMARY A. Lakeshore Setback Lot Area Zone In Zone 0-75' JC17S0 of a 75-250' 7-of 250-500' 52�5°� of J 500-1000, +RDCOVER LIMITATIONS r B. C. D. E. P. Existing Final Existing Hardcover Proposed Hardcover Allowed Hardcover Percentage Hardcover Percentage Hardcover In Zone (B/A)X100 In Zone (D/A)xlOO Percentage ------------ ----------------- - —b — sf 8�ouo �f S °U0 of 75'0 sf E `�J ►"� o/i ecG �cp P LLB 1 30 , BOA D E. OTHER LAKESHORE REGULATIONS —y — of 1000 of SO Od of o — • zy • 0 • 25 • l0 • 30 • -7 50 sf v • 35 • HARDCOVER INCLUDES: - Structures with roofs - Decks, even if slatted - Sidewalks - Driveways (paved or gravel) - Decorative landscaping areas underlain by plastic sheeting - Tops of retaining walla, rock walls - Any other surface that does not allow direct absorption of rainfall into the ground SEC. 10.22, REGULATIONS YOR 'LR-lA', 'LR-14-1', 'LR-IB', 'LR-IC" AND 'LR-IC-1' ONE FAMILT LARESHORE RESIDENTIAL DISTRICT. Within ai._v "LR-lA", LR-IA--1', 'LR-IB", "LR-IC', or 'LR-lC-1" One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The net back from the shoreline for lakeshore lots shall be at least 75 feet and no building may be located closer to the shoreline than the average distance from :he shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be nc greater than 250 hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30• hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 351 hard cover. Subd. 3. Tree Removal Regulations. too trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. HARDCOVER CALCULATION WORKSHEET Setback tone: (circle one) 0-75' 75-25 250-5f' 500-1000, txisting Hardcover in tone a. House 90 x UOD s.f. length width x s.f. x s.f. x s.f. x s.f. b. Garage x (AGO s.f. vs 1000 (fm) c. Driveway x • s.f. too to Z000 me x s.f. d. Sidewalk Zo x 5 /b s.f. x s.f. x s.f. e. �/ Patic/ '(D x Zo♦ 00_ s.f. Deck . Z f . Landscape x �� 8.f. areas underlain x . s.f. by plastic sheeting x s.f. ' x s.f. ' f. Other x s.f. x • s.f. X • s.f. TOTAL EXISTING HARDCOVER IN ZONE 14106 s.f. (1) f Gilbert 955 Tonkawa Rd. Long Lake. MN 55356 Existing Hardcover t • Total Existing Hardcover x 100 Lot Area Within Zone ?a� a.f. x 100 '/0 t 3vtiS0 s.f. Additional Hardcover to be added in zone: Item Length x Width TOTAL s.f. Zo x 30 606 s.f. w X to too s.f. x(D x 3e4 s.f. x s.f. TOTAL S.F. TO HE ADDED o D (2) Existing Hardcover to be Removed, if any: Item Length x width TOTAL s.f. 0LD DF.CL 4016 LL )1 x s . f . X s.f. X • S.f. x e s.f. TOTAL S.F. TO BE REMOVED (3) Final Hardcover Proposal: (Line (1) + Line (2' -Line (3)J I —1g00 + 1.100 - 600 ) o SOO s.f. (4) Existing To be Added To be Removed Final Pronosed Hardenvpr a e J Line (4) x 100 • � � s.f.x 100 23 t+ Line (1) lilt /4b � c ! 34 r 13 /o 'y-2- q iNp V/ y)-t Pa'F-l'I ( P.r ck ? ) % 7 A -I 8 *(,,.I, r :1 - 2u0 f�0 4, 7`r ,. ?cam= 2'7• .. 71i ��L:.\�.,����� �1 � \. •� !mot �/„ 1�•��;s. T s � > rye( "+ ����ii '� ;• 1. I ` .. -,P,'+ + �+� yil ?.Ya rwc Ile bi It t �frii4s �Z�f7a Qk . +� � -t f� rl �� ; • •yL • O _yy.•,. � - y' e. a..,,. •, `_mot Y��I' � `�1I �'d ,• 'rae1 V 4.. ' � .,:.;i _ _�'- --_ ___.` _ J Z'•L-t t P C ) VA. • e 10 :b:E ! v > r —471 icf'- >or L1 %3 TO: Mayor Grabek Orono Council Members City Administrator Bernhardson FROM: Michael P. Gaffron, Assistant Planning & Zoning Administrator DATE: December 8, 1987 SUBJ: #1226 Winton Wold/F..11. Laughlin, 4650 North Shore Dr. - Variance - Resolution Application - Lot Area variance to cons` ruct a residence nr, Tram B of RLS 1036. List of Exhibits A - Propused Resolution B - Planning Commission. Minutes of 11/16/87 C - Planning Commission Action Notice of 12/3/87 D - Memo & Exhibits of Novembe- 1987 Pertinent Facts - Zoning District: LR-1B Lot Area: Required = 1.0 Acre Existing = 0.77 Acre Discussion - Please review the memo and exhibits of November 3,1987. Applicant Wold is purchasing this lot from owner Laughlin. Variances to lot width were granted for lots in this subdivision when it was platted in 1961. The property is served by sewer and has been assessed. Lot size is consistent with existing developed lot sizes within the surr.ouneinq neighborhood. At their November 16, 1987 meeting, P1, ng Commission recommended 5-0 to approve the lot area varia•:cL -Ad on finding that no other land is available for purchi-!se, nt Size is consistent with existing developed lots in the nei(-,. `,00d, and the lot size variance is consistent with lot size Iiances previously approved in the area and in th LR-1B zone gei. ally. Planning Commission condit-oned that approval on the follow ": 1. 20' wide access easement accepted per applicants/owr. rs proposal. The entire width to be taken from Tract D. 2. If that easement is not created, Tracts B i C would be required to share a single access to ('aunty Toad 19 at a location to be determined by Hennepin County at the time a County access permit is applied for. 3. Park Dedication fee of $390.00 per current fee schedule to be paid with building permit. Zoning File #1226 December 8, ' ^-: 7 Page 2 of ' 4. StZ.- Ard $225.00 sewer unit trunk charge to be paid with building permit. Staff suggeFts one additional condition is appropriate: 5. A grading plan shall be submitted for City review a;,d approval prior to construction of the driveway access to Tonkaview Lane. Staff Recommendation - Staff recommends approval per the Planning Commission recommendation. Staff would reiterate that. the 20' driveway easement located entirely in Tract D reduces the defined buildable area of that lot, which does contain an existing residence. The Planning Commission felt that this was not a great concern because the affected property owner (Laughlin) was present at the meeting and expressed that he preferred the easement in Tract D. A resolution for approval based on the Planr inci -,,ission recommendation is attached for Council review. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5(B) FILE #1226 WF.EREAS, Winton Wolu (hereinafter "the applicant") has an interest in the Pr-�opeiLy located at 4650 North Shore Drive within the City of Oronu (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 1036, 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 containing 0.77 acre in area where 1.0 acre ir, area is normally required for a building site. NOW, THEREFORE, BE IT RESOLVED by the City C-.)unci 1 of Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1226. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on Novemter 16, 1987, and recommended aporoval of the proposed variance based upon the following findings: a) No other 1-nd is available for purchase. b) The lot size is consistent with existing developed lots in the ne3 orhood. c) The lot size variance is consistent with lot size variances previously approved in the area and in the LR-1B zone generally. d) Municipal sewer is available and the property has been assessed for sew._�r. Page 1 of 4 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to tr.e Municipal Zoning Code Section 10.24, Subdivision 5(B) approving the construction of a single family residence on a lot of 0.77 acre where 1.0 acre in area is normally required subject to the following conditions: 1. A 20' wide access easement over Tract D of RLS 1036 in order to provide access from Tonkaview Lane to Tract B, is hereby approved. 2. A grading plan shall be submitted for City review and approval prior to construction of the driveway access to Tonkaview Lane. 3. If that access is not constructed and that easement is not created, Tracts B & C would be required to share a single access to County Road 19 at a location to be determined by Hennepin County at the time a County access permit is applied for. 4. Park Dedication fee of $390.00 per current fee schedule to be paid with building permit. 5. Standard $225.00 sewer unit trunk charge to be paid with building permit. llagc- I r f 4 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a Liuilding permit within one year of the date of Council approval, or this variance will expire on that date (December 14, 1988). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and 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 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 +#1226 WINTON WOLD 4650 NORTI' SHORE DRIVE VARIANCE PUBLIC HEARING 10:18-10:27 The Affidavit were noted. of Publication and Certificate of Mailing Applicant Winton Wold and owner Mr. Laughlin were present for this matter. Gaffron explained the request lot area variance to construct a residence on Tract B of RLS 1036. The proposed lot is .77 acre in a 1 acre zone. Staff recommends approval based on the lot size being consistent with existing developed lots in the neighborhood and consistent with lot size variances previously approved in the LR-lB zone. Staff further recommends creation of a private access easement 20' in widt'i, to be located 10' either side of the lien between Tract D and Tracts A & B. This easement would contain a driveway to serve Tracts B & C. Mr. Henry, 4725 North Shore Drive, complained that Tract A has been used as a dumping area for many years and would like it cleaned up. He is in favor of the lot az variance. Taylor questioned the easement proposed by staff which varies from the proposal of applicant and owners of Tracts A,B,C & D. He felt the easement should be entirely within Tract D. Winton Wold stated `ie had no objections to either way. There were no otY r comments from the public and the public hearing was closed. It was moved by Hanson, seconded by Johnson, to recommend approval subject to easement being contained entirely in Tract D. Motion, Ayes, 5, Nays 0. ZONING FILE NO. 1226 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 12-3-87 --------------------------------------------------------------------------- TO: Winton Would COPIES TO: R. H. Laughlin 18455 Co. Rd. 30 4655 Tonkaview Lane Maple Grove, MN 55369 Mound, MN 55364 TYPE OF APPLICATION: X Variance ----------------------------------------------------------- DATE OF MEETING: 11-16-87 VOTE: 5 For 0 Against Planning Com ission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1) 20' wide access easement accepted per applicants/owners proposal, the entire width to be taken from Tract D. 2) If that easement is not created, Tracts B and C would he required to share a single access to County Road 19 at a location to be determined by Hennepin County at the time a ciunty access permit is applied for. 3) Park Dedication Fee of $390.00 per current fee schedule to be paid with building permit. 4) Standard $225.00 sewer unit trunk charge to be paid with building permit. Additional condition which will be recommended to Council by staff: 5) A grading plan shall be submitted for City review and approval prior to construction of the driveway access to Tonkaview Lane. F,rnlicant's next scheduled meeting is confirmed as: City Council December 14, 1.987; meeting starts at 7:OOp.m. If you desire certified copies of the official Planninq Commission minutes, they are available from the City Recorder after review and approval by the Planningl Commission. TO: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: November 3, 1987 SUBJECT: #1226 Winton Wold/R.H. Laughlin, "4650" North Shore Drive - - Variance - Public Hearing APPLICATION: Lot area variance to construct a residence on Tract B of RLS 1036. LIST OF EXHIBITS: A - Application B - Plat Map C - Property Owners List D - Copy of RLS No.1036 E - Topographical Survey F - Hardcover Proposal G - Letter From Owner Stating No Additional Land Is Available H - Planning Commission Minutes 9-28-61 I - Neighboring Developed Lot Sizes J - List of LR-lB Lot Area Variances PERTINENT FACTS: - Lot Area; Required = 1.0 acre; Existinq = 0.77 acre. - Underlying plat of Tonkaview Gardens was platted July 21, 1921 prior to zoning codes in Orono. Lot sizes ranged from 0.22 to 0.70 acre. - This area was first zoned for 1 acre/140' wi-3th building lots on 10- 12-59. - In 1961, Planning Commission approved a replat of this and granted variances tc: the same lot area and width standards as currently exist (See 9-28-61 Planning Commission minutes), with replatted lot sizes ranging from 0.53 to 0.98 acre. Lot area variances were allowed on the basis that the replat created better lots considering the topography. - The property is served by and has been assessed for municipal sewer. Water will be by private well. Lot sizes within the surrounding neighborhood are shown in Exhibit I. ITEMS FOR DISCUSSION: 1. No additional land available. Applicant Wold is purchasing this lot from owner Laughlin. Laughlin notes in the attached letter (Exhibit G) that no additional land is intended to be sold. This lot is owned by Laughlin in common with 3 other properties, one of which contains his existing residence. See Exhibit D. Laughlin owns Tracts A thru D. Because the property is already platted, Tract B should be reviewed on its own merits for purposes of this variance review. 2. Access. Tract B has legal access to Co. Rd. 19. vowever, because of the steep topography with a relatively f lat area further back on the lot, the likely house site is to the rear and uphill. Zoning File #1226 November 3, 1987 Page 2 Applicant and owner are proposing to access Tract B and C via a private 20' easement along the south side of Tract D. This access driveway would also abut Tract A but is not neccessarly proposed to serve Tract A. This brings up a number of points for Planning Commission to consider: a) Tract D already has a driveway to Tonkaview. Tract A is vacant. Should Tract A also be required to access via the easement? Note that the slopes on Tract A are relatively uniform, hence the eventual house location would not necessarily be near the easement. Tract A has enough frontage on Tonkaview (300') that a suitable driveway location to serve Tract A can be safely located without using the easement. b) If all three of Tracts A,B, and C were required to access off the driveway, it would have to be brought up to a private road outlot standard with a cul-de-sac. Such a cul-de-sac of 100' diameter would have a drastic negative effect on the buildability of Tracts B and C. And, these are pre -platted lots. c) if the easement serves only two houses, on Tract B and C, how wide does it have to be? This essentially acts as a shared driveway; the code has no standards for driveways. 20' seems appropriate, however, the cut into the bank to create the driveway may be wider than 20'. d) The access location onto Tonkaview is a safe location and sight distance is not a concern. e) The 20' easement would seem to be a detriment to Tract D, which is a relatively small lot already and would be effectively reduced 20% in size by the easement. Shouldn't the easement at least be split 10' either side of the existing lot lines rather than coming out of the smallest of the four properties? STAFF RECOMMENDATION 1. Approve lot area valiance, based on: - No other land available for purchase. - Lot size is consistent with existing developed lots in the neighborhood. - Lot size variance is consistent with lot size variances previously approved in the area and in the LR-lB zone generally. 2. Condition this approval on creation of a private access easement 20' in width, to be located 10' either side of the line between Tract D and Tracts A and 13. This easement would contain a driveway to serve only Tracts B and C. Specify that if the easement is not created, that Tracts B and C would be required to share a single access to Co. Rd. 19 at a location to be determined by the County at the time a County access permit is applied for. 3. Park Dedication Fee of $390. per current fee schedule to be paid with building permit. 4. Standard $225. sewer unit trunk charge to be paid with building permit. 1 CITY OF ORONO - VARIANCE APPLICATION Uv LU IiCC u Fee _ Receipt Initials _ fxN. A 4NOW Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (ni change from original application) After -the -Fact Fees (Double application fee) ---------------------------- S-` ---------------------------- PROPERTY LOCATION � � � � � ' Site Address l._ 5 1 0 3 6 1 e-A IL g I Property Identification Number (P.I.D.)y 7 11 ,13 3.A, U U S Please check one - Is the property X_ abstract or toSF,4nlW?r;rtCg Attach legal description tc a�iplication if not included on requir4gd"rvpz X ------------------------------------------------------------- `=='--a,c`1" APPLICANT Phone ( home) y A C, -1� .� -,L I ro.00 F r=s � �ANlt' YQU Name &JTV �J Phone (work) S 14-71-7 y4} r(01 T:0:4� 1t'f�7'3 Address: �1j 4SS' Cu RO ' k; City:MAk-.i (.13 41= Zip: 553LC -----------------------------------------------------------------_---------- OWNER (if different than applicant) Phone (home) �I' % - CI.) Name H L ,a v G 14L i N Phone (work) i Address: L4 6S S TL)r.,,cj�v r,,j City: Zip: Ss- 34"`1 Date Property Acquired NV K-1 i y _ (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRBSENT USE OF PROPERTY Present Zoning District Present Use of Property \1 n '- esidential other (specify) DESCRIPTION OF MWEST Estimated Construction Cost $ Describe regucRt in detail: ----------------------------------------------------------------------------- VARIANCES RBWIRED _2� Lot Area - _ Lot Width Hardcover Setback Variances ( Front ride Rear) Other ------ ----------- ---------------------------------------------------------------- HARDSHIP Describe undue 1tar.3:.; .i, or practical difficulty resulting from strict enforrentent of zoni nn regulations: 1,, il DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: A ca e_ A �► �`� � --------------------------------------------------------------------------- RBQUIRED SUBKITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance applicatio- is not complete if the 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. Applicant's Signature �' t-� ,h.. LAy Date l c f r ONNERS 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 purpobes of Investiga- tion and verification Qf his request. Owner's Signature F ' - �`- Date - - - - - - - - - - - - - - - - - - - - - - - - - - • ------------------------------------- Applicant must have all submitt..ls into the City offices 2S days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Appl i cants must be present at a 1 1 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 attetd in your place and to advise th.- Building i Zoning Office of this change prior to the meeting. \Sr �QA •j 2 of `•'c �f M O�� l P�r� t v Q '` �`C Se yty ~ `� • r ti ,• i 7�0 ` ,44 �^ ems. , , '� � .� \ .� _ •I ` 'Ly• ` °� it. `". �` 2L , .C!. ' F \ LO j31 Do A 2 .L � Yr d •6 A' :i ��� 1♦. �c `%'� - ,O� J�' ` . � SS v V `� �� ,• ,d 5 ,'�►' • I r s ; 1 �I ♦ I` . .� �w *-e•�SE co � � ` � ~ t � a , • � ` � _:n. 1� _ -: + 3 (tip% w' {ti. Covt ast` 7j ' rr• "�•�s�c• �)�rp �0�e �.� tea' s v �a •I 72 / j" S� �y ' E - \ �•4� v, .46 SS t22.3i ..- // � % / � � 4►�` ire .�.P � t`a��� J1 � \ ; l►�l ` a`�2� . __- ``='�•- �• •` / ti .c .j• 1 r . s Rom' IV t•w a S'a , , ?J �•� ` �� 2$���, \ 'Point i , �V� L`•t �( C) • A 12 ' .v\ r \ •y �� 6 li 1 G Cry 4 or Ir u+e l4J8,1S,20c•c the alley! w ' r :• . \ ��! ; \ t� S Owmm , SUS' l . Dr LOT 14 REST arc "r R� r , twf�` ?���� N J' ct 0 7 5.4; / r � y "T PARK, Rave been vocoted ► 1 Y ` `O _� RUN OATS 16/17/67 PATCH 001 38 07-117-23 31 0033 r PpOP 70R t"M R NAME ERNEST J A MARY J LEMMERMAN TAXPAYER fPNE',T J i MARY J LEMMEPMAN - NAME/ADOQ 1:47 MILOHL'RST TRAIL MfrJNn MU c 5 364 38 07-117-23 32 0026 CPCP APOR CV.fER NAME DEMIIS A MEYER TAXPAYER RICH'^D LAUDILIN Not*/Aorp 4655 TDIPfAVIEN moo -NO MN 55364 39 17-117-23 32 0029 '—"FQ NAME DCTOIIS A MEYER TkXPAYFP DENNTS A MEYER ' H•ME/As'917 4680 i!ORTH SHORE OR rtrr>! n M►1 S5364 38 07-1 7-23 32 Of52 PROP ADEW 91:_t REST PnI►TT LA I; *10 HA+1E R J GPVVER A S K DROVER TAXPAYER KEVIN : AIET HM1Ei'A9OR SifSAN K SCOVER / 1315 REST POIHT LA MTMI£TRISTA IN 51;N,4 PROP IDDR :l R NA"r '.•.YER TO! BATCH 001 OOOI. - T a. NENNEPIH COUWY PROPERTY IWORMATIOH SYSTEM PROPERTY OWWRS LIST 38 07-117-23 32 0024 DEN►IIS A MEYER RICHARD LAur.HLINV'ym E 4655 TONCAVIEN MOU►ID MN 55364 38 07-117-23 32 0027 04635 TONKAV7EN LA DENNIS A MEYER RICHARD IAUGHLI►I 4655 TONKAVIE4 MMND MN !SSW. 38 07 1 7-23 32 0143 01W' 0 YC!.-,- AVIT1. LA R f o rEPKIWI •-... r-'7T A ` SUTSAN M PERK INS 3R i2 EUP'^ Ft. 0 ANHETO►KA t?I -[345 38 07-117-23 S" 0053 O':67r r100TH _HOPE DR T '?IN i J L MIS►ELOT TYL. COROIN i 466S IN SHORE OR MOIRID MN 55364 REPORT NO. PI43S"t PAGE 1 38 07-117-23 32 0025 DEUNIS A MEYER �A �L RICHARD LPUCHLIH "=�`�,A 4655 TO►KAVYEN ►IOUI>D MN 55364 38 07-117-23 32 0028 04655 TONKAVIEN LA OEN►IIS A MEYER OE►RIIS A ►tEYER 4680 P3PTH SI;ORE nR MOLRtO MN 553c.- j` :, , :- 31: )50 i 4 R 38 07 117-23 32 0056 -� O'+l•35 wrtif SNrRE DR ,�•.. T C CU SIN S J L MISEELOT ` T C CGFJIN i i L MISEELOT 4f,05 ►TR•" SHORE CR t� ►'r)UND I 55364 I ( � t t ?'9.6 9, T 0h "•t206 of iald survey: TNI6 a't—lstor-• jr4 `; ; Aaj C nmcil cf : I .w tz _'old tbic /%c, :y Of `O v � •.�. 1 � 1 1 �' I �J f v: w ntwwsy 'a R G :"?eC. de Ko DiLi3 ! �"OY, - •Ear i AM110 # mg int er s At s xr take, XZ48110t11 rn-r'vb., uas approved and a --*opted by t:., 41,y :,: ;ronj�!,Fota, at a :'egullz : "Y of V, L GE C, -TIL Cy CR,— �\� � ! lae.�c• �e�•aC.w � 1�34 83• w I f ► �� 1 ' f :. T•ca• , O M f'w Z1 a . A � Go� \ 0.-1 1 r! s `R•4�� •t '3'1:•� a• raar1 r • ae• •'' ns�r FI 1_E is, hcNftE•':N CO.. wtt;.w S-�e14: 1" ?GO' :)'t - 3eCCs..oer S, 1Sc,1 Iro:. marker gaga are saeumed URVEY FOR '.-VER n. WEF D r 1 #1 26 , V y s I 1 Al U / INCH: 30 FEET -V SCALE t1 Xl- 00 do 44 4;A M . r- D. HARDCOVER CALCULATION SUMMARY A. S. C. D. F. F. Existing Final Lakeshore E-iLt!ng Hardcover Proposed Hardcover Allowed Setback Lot Area Hardcover Percentage Hardcover Percentage Hardcover Zois ----------- In Zone In Zone ---------- ----------- (S/A)x1D0 ------ . _--- In Zone ---------- (D/A)x1i;0 --- ------- Percentage -......------------ 0-75' of of • r • 0 • 75-250' sf of 250-500' sf __sf 500-1000' 3 11���� sf �> of T HARDCOVER LIMITATIONS C, �5 r qD E. OTIER LAKFSHORE r�?GULATIONS • of 25 • •af �'.J •� 30 • • sf �t 35 • HARDCOVER INCLUDES: - Structures with roofs -- Decks, even if slatted - Sidewalks -- Driveways (paved or gravel) -- Decorative landscaping areas underlain by plastic sheeting - Tops of retaining walls, rock walls - Any other surface that does not allow direct absorption of rainfall into the ground SEC. 10.22, REGULATIONS FOR 'LR-lA', "Ti-lA-1', 'LR , 'LR-lC* AND 'LR-1C-1' ONE TAMILT LAYNSEORE RESIDRN?IAL DISTRICT. h. ;.nin any 'LR-lA', LR-lA-I', 'LR-1H', 'LR-1C', or 'LR-IC-l' One Family Lakeshore Residential DiAtrict the following regulations shall apply: Subd. 1. Lakeshore Se, Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 f-et and no i)uilding may be located closer to the ,shoreline than the average dista fror, the shoreline of exl=tine] residen-e buildings on adjacent and nearby lot Subd. 2. Lakeshore Hard Cover Regulations. Wit. -in 7-' of sh.-oline there shall be no excavating, fil lino, hc,rd cover, tvnpornry c manent structures. Within 75 to 250 feet of the shoreline :h--re shall he no greatEx than 25• herd cover. Within 250 to 500 feet of the shoreline There shall he no q-eater thorn ?Qi hard cove . Withit. 500 to 1,000 feet of the shoreline there chall be no greater than 351 hard cover. Suhd. 3. Tree Rerncval Regulations. No trees within 75 feet of the shoreline with the diameter of Rix (6) inches; or more shall he rurneved without- first obtaining a permit from the Council. a 40m� 10-22-87��_,.� To: The Village of Orono From: Richard A. Laughlin Willam G. Laughlin John E. Laughlin The purpose of this letter is to notify the Village of Orono that the undersigned w not sell any assitional portion of land, known as lots A C, and)) to the Wolds. ve agreed to allow a easement for the purpose of a dri,-way access to lots BBC. The discripti, i- of such easemc..,.; is outline in Mr. Wolds application !.0 the Village of Orono. Yours Truly CAN* H Map K-1-TIM, 0? T;i" PL`.' i1I1:1 cc--.1-31011 VILLAO R 0?, Otto:,), LE E � . 20,1961 rroctnt: D.J.Rusantl, Cho L.C.Doviduon,u,-a.A.CurvyeU.�1.`!�'•!'^, R.L.Caarloo,R.`Looldon, wa,T.Vlllo and 9.?!.Belt. Tho czttor of a rcplacouont for e1t--c:.bor Uonry Kla';M:a, J: , aao 61ccuoosd.9inco beorrophicol raprooctitation to proi•orrod, It coo tv-r:opted that tho now c;:-�or,proforably a wc:^n,ba cboc7n frc.s Hr. Kin; sf*e 1-callL;f. ino Cot..:isaion will t"3 tho catto, under furthor sdvicc=orlt, 'iha cc=1ttoo,cnda up of Davidcon and Volfo,viewir. the pprap- arty cf A.O,itouaain `Loco 5-7-0-9,D14-h and 5-6-7- 4,31L.5, C%,yatal Dny Vicu) rocc_:rand.od a ccrlt: _n of four (4) butlCln3 eit35, T%o rocc=indatlou wag accoptod,tentetivoly ult4 the aG7ia3 ttkat earo dotailod plcao bu cubaltted,eapect ally as to coc.ao cf aoeoao to loto 0 end 90D1lc,4, Tho roqucot of tto;,cr n.Bvlloth for roco---�-,sndnttons concorning L^Va 13-14-15-16-17,Socgl# T 117, R 23,wao dlccuoccd. Bills r.:%7cd,Curry cocondod,that one (1) buildit ; posit 110 recnonen- G:d, l:oticn carriod, Tod Volf wao prrsont roquootln; roem:nnnc?atlons on divioicn of loto,or portlon3 of loto,77 to 89 incluoiva,l'cakovlow Gardcaa. 1119 pr,porty had boon v!oi,od by Ruosoll,LLeo snd Curvy echo ro- 1 J ortad thato"hilo under cn eero,0.3 loto correopoaded in oico o thoro curroundin3 end tho division plcno roprescatod Good lc-1d ucc:,o is vlc*a of tho unuoual topn,rar117.Davi4s0n ccvod, j;olro cocondod,cdoptlen or tno co=lttools roport. Carried, of n,ci21�„a part wca dicauezod end L.C.David-con ra.ic' _I tap poot acticno of th3 lark Cczzza:oclon, 1'�..T.lallo Via oe'1od ro., o report an cau:q;a problcmo. Fla out- li:.:a4 t::a prapucal to Join with 1lound and slco reportod Lhs rJcylta cf hia ciccuooioaa with Loz73 Ls,:3. It was a roc,,' t'-- n c.r t1:, Plcnnin3 Ce:nAcaion s.tond the cast r-:• of tbo La .3 L�::o Ccsncil,0ot.3 d,to utocuas tt:3 c:attor. T:ZC"2 bu1n3 no :urther buoineso, »ho cjotin;; vas adjou.aod, •�� 4 0 4,we 69 50 ti 7 •r d �, z O ' �51 A4 ` 4 01i� • t 1 �1 i V 49 .r fi l 1 (S 1 W Er ,•_ � V j.OS y •5\ 0� -447� � ��`'� , .0���'�1 ✓�(� 41 A D' 2PT 1 �'l11AV ' �• i i.. .� ' _• � 1 � CAR y • � �• _' % i a �jY.O _ fr z 'J ,+(6 •ice",'/ ,•I: ,i O� '�.• '� - ,S `r �. S4 �� _ `•I :+ 1 vE tl 74 F r t' 1 I . , 41. s,.4fF �01 � '►� s� '�.�a � ,a � LSD _ �, •, �, - - S., ly. ,c,=1 9 + '--10,19,2O�n� It+p alleys 07 O, �,♦ v Lcsr T( sh^wn , SI OF LGT 14 R��7 ♦ �\ fr Jti 7 POINT PARK•bnv. been vocoled I Doc f 736A?4 ' O ' ; 4 \ I Sc c� 22 3_�- a� i C po N s i r 3 _I LR-1B LOT AREA VARIANCES 1982 - 1987 A. Granted: 10-87 Kaplan 9-87 Kost 3-87 Lange 9-86/11-87 Maxfield 6-86 Glesne 4-86/9-84 Clifford 8-84 Howells 4-84 Smiley 4-84 Brockopp 4-84/10-81 Haapala 9-83 Caples 8-83 Bloms 3-83 Honmeyer 6-82/3-87 Langhans B. Denied: 4-85 Hedlund 2-84 Fisk 2695 Kelly Ave. 4760 Tonkaview 4160 Forest Lake Dr. 4175 North Shore Dr. 1475 Cherry Place 4760 North Shore Dr. 1448 Park Dr. 2720 Pheasant Rd. 993 Wildhurst 4015 Dahl Rd. 4798 North Shore Dr. 4195 Forest Lake Dr. 477 Park Lane 1374 Rest Point Rd. 3990 North Shore Dr. 493 Park Lane C. Granted, but never used (Expired): 0.39 acre 0.58 acre 0.45 acre 0.46 acre 0.64 acre 0.39 acre 0.60 acre 0.60 acre 0.40 acre 0.39 acre 0.42 acre 0.39 acre 0.52 acre 0.63 acre 0.22 acre 0.25 acre 11-83 Munsell 4100 North Shore Dr. 0.23 acre TO: Mayor Grabek Orono Council Members City Administrator Bernherdson FROM: Michael P. Gaffron, Assistant Piannii.g S Zoning Au;ilinistrator DATE: December 10, 1987 SUBJ: #1227 Patrick Middleton, 720 Tonkawa Ro,id - Variance - Resolution Zoning District - LR-lB 1 Acre Sewered N Application - Request for hardcover variance to construct a garage on the property (no garage exists currently). List of Exhibits A - Proposed Resolution B - Planning Commission Minutes 11/16/87 C - Notice anning Commission Action 11/25/87 D - Staff c. itual revised driveway sketch E - Memo and Exhibits of 11/13/87 Pertinent Facts - Hardcover: 0-75' - Existing = 2.8% no change proposed 75-250' - Existing = 55.5% Original proposal = 50.4% Revised proposal = 51.8% (per staff recommendation) Discussion - Please review the memo and exhibits of 11/13/87. i,aplicant dces not currently have a garage on the property. The t posal is to construct a new 24'x 30' detached garage at the road levc nd reduce the existing driveway hardcover to only that which is essary for access and extraneous offstrPet parking. Applicant originally proposed a 5% net reduction in 75-250' hardcover. Staff noted to Planning Commission that the proposal did not contain a backup apron but did contain a 24' wide entrance onto Tonkawa Road. Staff recommended and Planning Commissicn agreed with requiring that the entrance width be no me -c. than 15' and that a 12'x 12' backup apron be required. The resultant 75- 250' hardcover is 51.8% for a final net 75-250' reduction of 3 7%. At their 11/16/87 meeting, Planning Commission voted 5-0 to approve the hardcover variance, finding that the excess of hard -over is necessary in order for applicant to create a safe garage on the property, and that there is a resultant decrease in the hardcover in the 75-250' zone, conditioned on: 1. Applicant shall submit a grading plan for City approval prier to issuance of a buildinq permit. 2. Applicant shall revise driveway plan to include a backup apron, and reduce the width of the entrance to Tonkawa Poad to 15'. Staff Recoomendation - Staff. recommends approval per the above n., .d findings and conditions as recommended by the Planning Commission. A rAaol:.tion for Council review is attached. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1227 WHEREAS, Patrick Middleton (hereinafter "the applicant") is the owner of the property located at 720 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 9 "Partens Point, First Division", Hennepin County, Minnesota, lying northwesterly of the following described line and its extensions: Beginning at the midpoint of the southwesterly line of said lot; thence northeasterly through the `dpoint of a line drawn from a point on the northwester.l.- ne of said lot distant 236.5 feet northeasterly from + post westerly corner of said lot, to a point on the - u':heasterly line of said lot distant 208 feet northeasterly from the most southerly corner of said lot, to the northeasterly line of said lot, and there ending, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached garage and drl..-^way resulting in hardcover in the 75-250' lakeshore zone in Excess of the 25% hardcover normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1227. 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) The property is steeply sloped from the road down to the lake. The 1 cation near Lhe road is appropriate for a safe and functional driveway location, I rage 1 of ^ b) The proposed garage construction results in a net decrease in hardcover in the 75-250' zone. c) Applicant has a hardship in that there is no existing garage on the property in which to store vehicles or equipment. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zc,ning district; that granting the variance would not adversely affect traffic conditicns, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of tr.! City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached garage and driveway which will result in 51.8% hardcover in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed, subject to the following conditions: 1. Applicant shall submit a gradir.j plan for City approval prior to issuance of a building permit for the garage. 2. Applicant shall revise driveway plan so that the width of the driveway entrance to Tonkawa Road is no greater than ) '. 3. Applicant shall rep• i se the driveway proposal to include a bacY:;) apron so that vehicles may enter forwarC onto Tonkawa Rom page 2 of 4 4. Final hardcover approved for thu 75-250' setback zone is as follows (lot area in 75-250' zone = 8,619 s.f.): House 1,220 s.f. Sidewalks 441 s.f. Landscape areas 189 s.f. Patios & decks 933 s.f. Garage 720 s.f. Driveway 962 s.f. Total 4,465 6.f. or 51.8% Applicant is advised that no future hardcover increases on the property will be approve6, )u' light be approved only in conjunction with concurrent i.: ivul_ :)f existing hardcover. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, cr this variance will expire on that date (December 14, 19t{9). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically t-rminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood a -id hereby agrees t_ the terms of this resolution and on behalf of himself, his heir, successors and assigns, hereby agree,7 to the recording of this resolution in the chain of title of the property. Adoptr the Orono City Council nn this 14th -.ay of December, 1987 ATTEST: Dorothy M. Hallin, City Clerk Jamf Property Owner(s) I'iicr� c 3rzbek, Mayor MINUTrS OF -"' PLANNING COMMTSSI`)N MEE ;NG HELD NOVEMBER 16, 1987 #1227 PATRICK (.ETON 710 TONKAWA ROA1, VARIANCF PUBLIC HEARING 10:28-_0:29 The Affidavit of Publica` .and "-rtificate ci Mailinu_ were noted. P4trick Middleton .is not _ , y this matter. Bellows explained the reque:: G hV-4^over variance to construct a garage on L. . r .r..)pb (no garage currently e.,Asts. Existing 75-.5r!' hardc:��ver is 55.5% and applicant proposed to remove .at5;e p-r.tions of the existing blacktop in the area near the ro--id :csulti.ng in a net 75-250' hardcover reduction to Staf f recommends approval. 're were no comments from the p-ibl is regardi lis t ter and the public hearing �,as closed. It was moved by Bel lows, seconded by Taylor to rAcommend approval per staf f recommendation. Mo -)n, Aycs 5, Nays 0. # 12 2 ii WALTER R . W I TTV!ER 1420 dALDUR PARR ROAD VAR.&MCES PUBLIC HEARING 10:30-10:38 The Affidavit of Publication and Certificate of Mailing were noted. Walter Wittmer was present for this matter. 3affr,in explained the requsF. `or side variance and average lakeshore setbac': varianc nstru a second story addition in a side yard 4nd s._ .,tly witoin the 75' lak•-:shore setback zone. He explained the objective of the proposal is t - Lncr?ase the -pac:c with:_n to existing scar-•ond floor bedror Pe exl ined th : issue of a dec:, that has beet. `ructed in v i;, lation of a variance appicved - r 978. Staff recommends approval of the p-op . el ado :tion finding that there will be no si gni f : c - r.t new cnc---�c`-•ment the neighbors, subject to r,,- va 1 cf the 0' (it- -k, to be replaced with a sm::1l and star ,ster. not xceed 6' x 7' in d i nei. s i o, Wa 1 V ttmer state. thei . is a f : e eat 1 pse in t. : wr.-n the 1978 va : ance L p;1i , -nd b' i.lding pe. and . -tua 1 construe' l - -Ili a ack of memor­ of what could be con, .P)ted "tat previc..4 to k ui luing t .lac- , ne with the neighbors Egarditr, th ac d-ck y h.zd no j6 Z06--NG PILE NO. 1227 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN r . 3 473-7357 Date of Notice: 11-25-87 --------------------- •------------------------------------------------------ TO: Patrick J. Mida-eL'on COPIES TO! 720 Tonkawa Road Long Lake, MN 55356 TYPE OF APPLICATION: X Variance ----------------------------------------------------------- DATE OF MBETING: 11.-16-87 VOTE: 5 For 0 Against Planning Comission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Applicant shall submit a grading plan for City approval prior to issuance of a building permit. 2. Applicant shall revise driveway plan so th.i- the width of the driveway as it enters Tonkawa Road is held to a 1`-' maximum width and the creation of a oackup apron be required for safety purposes (this may result in a s:.ght increase from 50.5% to maybe 51.0% hardcover in 75-21S01 zone). Applicant should be required to submit a revised drive-iay proposal showing the final hardcover numbers prior to review of t s application; by the City Council. Appl;. nt-s next scheduled meeting is confirmed as: City Council December 14, 1987; meeting starts at 7:00p.m. If you desire cer�-ified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. r y� Na&1r: J . � i 16. TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATE: November 13, 1987 SUBJECT: #1227 Patrick J. Middleton, 720 Tonkawa Road - variance - Public Hearing Zoning District - LR-1D 1 Acre Sewered Application - Request for hardcover variance to construct a garage on the property (no garagE exists currently). List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey with Staff Notations Regarding Hardcover Exhibit F - Applicant's Hardcover Calculations Exhibit G - General Construction Plans for Garage Pertinent Facts 1. Applicant is requesting hardcover variances in order to construct a garage near the road, since this property contains no garage at this time. The house sits at a much lower elevation than the road, hence the garage will necessarily be detached an,' near the road. 2. Hardcover. 0-75 setback zone existing hardcover = 105 sq ft or 2.8% per applicant's calculation no change is proposed. 75-250'1 per applicants calculations existing hardcover percentage is 55.5%. Fie proposes to remove large portions of the existing blacktop in the area near the road. The replacement hlacktop is proposed to be less extensive and no backup apron is proposed, resulting in a net hardcover reduction in the 75-250' zone from 55.5% to 50.41. 3. Setback. The proposed garage will meet the required side setback from the north property line and is intended to be located 35 feet from the right-of-way line, hence no variances for setback are requested. Discussion The proposed 30' X 24' detached garage and the 24' wide driveway extending to the street result in a total red,iction of about 450 square feet in the 75-250' zone. Dae to the steep slopes on the property applicant does maintain seemingly excessive areas of hardcover including decks and walkways near the house. Staff would note that the patio area to the south side of the house is perhaps the only flat portion of usable yard space on the property and this area is apparently subject to unusually high volumes of runoff through it because of the drainage area above that location. Although this would seem the only area suitable for a potential concurrent removal of existing hardcover, such removals might serve to create additional erosion problems on the property. Staff would note that some erosion has occured just west of the house at the area of the existing rock retaining walls. One of the reasons that the code requires a 30 foot setback for detached garages, which open towards the street, is that a 30, setback allows for creation of a backup apron so that cars can enter the roadway moving forward. Sight distance at this location does not appear to be a critical concern, however, staff would suggest that it would be most appropriate to reduce the width of the actual roadway access point from 24 feet to approximately 15 feet, and then require the creation of a small, perhaps 12' X 12' backup apron within that driveway area. Because the rear of the garage will extend somewhat down hill past the flat apron area, staff feels it would be appropriate for applicant to submit a grading plan for City approval prior to issuance of a building permit. Applicant notes that a garage is necessary on the property partially because of the severe winter conditions in Minnesota. Staff suggests that is a reasonable hardsnip request and that the applicant's endeavor to decrease overall hardcover on the property is appropriate. Staff Reca®endation Staff recommends approval of the hardcover variance to allow 50.4% hardcover in the 75-250' zone finding that this is actually a decrease from the hardcover existing on the property. Conditions on that approval are: 1. Applicant shall submit a grading plan for City approval. prior to issuance of a building permit. 2. Applicant shall revise driveway plan so that the width of the driveway as it enters Tonkawa Road is held to a 15' maximum width and the creation of a backup apron be required for safety purposes (this may result in a slight increase from 50.5% to maybe 51.0% hardcover in 75-250' zone). Applicant should be required to submit a revised driveway proposal showing the final hardcover cumbers prior to review of this application by the City Council. uu �-V At-k.- le Fee #1 CITT'bk ORONO - VARIANCE APPLICATION Receipt Initials �• __ Ini ial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROMM LOCATION Site Address f c; 4 �lr•��(�AL.��,�,. y Property Identification Number (P.I.D.) Please cheek one - Is the property abstract or torrens? Attach legal description to application if not i; uded on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home ) 'Yi/-- �f Name C�lT2i�l� , al�ld`'TU�`,� Phone (work ) S,S 3 sus' Address: �� �l -�� City: '14,(& Zip: ONM (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired (month/ye:f�F.,'CE CFtILf I (do) (do not) also own the adjacent parcels of land "IO4 ------------------------------------------------------------- PRSSBNT 982 OF PROPERTY ,yE Tt 1 ro. Oki �tE�E. °T- * P4iX YOU Present Zoning District O r¢O; rct>1 T16:13 Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF RNMEST Estimated Construction Cost $_ M v Describe request in detailyX�v!1R/t��rt C-��9N �.4�i1Ali.,/'4_1 VARIANCKS RMUIRED 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: lvo.%(ri' 4/,r e�e --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: : -i v.rX-"0,4, is,-/, �, iy .-f , - REQUIRED SUBMITTALS 1. Completed Application Form 2. CertiFi�d Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Gov Ce.ter 348-3:71). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the abovf 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. Applicant's Signature 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 r uest. Owner's Signature c� Date --�-- --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 clays before the Planning Corizmission Meoting. Planning Commission Meetings are held on the third Monday nf 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 to have an authorized agent attend in your place and to advise the Building b 'boning Office of this change prior to the meeting. 41) s R�)SENTHAL ADD. A lips t t VRTH A R M IINNETONKA IA�l .',*, I. �— ., v 17) w G i O � 3 3 — 17,mlmw, %40 R;1:I DATE 10/19/87 CATCH 004 38 OS-117-23 33 cool " PROP ADOR 00645 TONKRWI RD C"-".:ER HAttE TEMPLE ISRAEL OF MTI?:EAPOLIS TAXPAYER TEMPLE ISRAEL OF MINEAPOLIS NAME/ACOR 2324 EMERSON AVE SO MPLS MN 55405 38 OS-117-23 33 0015 PROP ADOR 00712 TOtt'AMA RD Lv.:OO NAME JOYCE HU2I0 rA}FAYEQ JOYCE HUTTO HUTUAD0R 7I2 TOt: ?,WA PD LONG LAKE MN 55-56 38 OS-117-23 34 0003 PROP ADOR 00724 T173(AMA RD OWNER NAME P36EPT H LARSC . ETAL TAXPAYER FC-" PT H LARSCII NAME,'-209 7.74 TON* A►!A PO LD , LAVE M1 55556 sro NENFIEPIN COUNTY PROPERTY INFORMATIOH SYSTEM PROPERTY OWWRS LIST 38 1- 117-23 33 0013 00692 TOW AWA RD 0 i B PUGH MR t MRS OE ELL PUGH 692 TONKAWL ROAD DRUID MH SS356 38 05-117-23 34 0001 00722 TOtW AUA RD M F NYGAAr - i J I EROMAtIN TOOD R HAU EN/TERESA RITTEN 722 TOWAWl RD ORONO MN 55356 38 05-117-23 34 0004 00740 TOt9(ANA RD MAPK C GREGERSON MARK C GREGERSON 740 T0WAUA RD CROW MH 55356 REPORT NO. PI435401 PAGE 6 38 05-117-23 33 0014 00700 T-11KAWA RD R R i J S LLRIDBI.AD RODGER i JOANNA LUNDBLAO 7428 SH1tRlON CIRCLE EDINA t41 55435 38 05-117-23 34 0002 00720 TOt:KAWA RD P J tl_IDDLETON ET AL P J A K J MIDDLETON 720 TOt.KAWI FD LONG LAKE tN 55356 TOTAL BATCH 004 00008 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF ItIFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE Huf.,EPIN COIItiTY DEPARTMEt7T OF PROPERTY T .ATI TO THE BEST OF MY KHOWLEOGE At1D BELIEF .�s�1 (. , DATE /V/'K/ Y vz,, / �� TVIS ITEM HAS BEEN MICROFILMED 4 A C to 0. 00000 Ok 0000� La.., corr. • ti .:.. to i I — , t 'Int 9. cl Oav Irt p n i o Vwnr So — � *'� . nt on tho :Prtht.- :t% I.'I ! ,r,;-. n f lot + i ter I., ne ro Ir.", 4 -I- cr r: 71t illl$ ITEM HAS BEEN i'.'j' 0. -c C; Virr-: MICROFILMED A r 44 A'C o Al 7-A(A ,roq v V) A` = 1> ox fw..j f'op 30 (cf ry mt lot; tis-n- --ld lot Id ? Ild LAI ne -r n cr . 9 HARDCOVER CALCULATION WORKSHEET Setback Zone: (circle onef 0-7S'( 75-2500' 250-500' 500-1000' tx�stir.q Rardco"g in Sme a. noise x 3 • I�-� s.t. length Width z • a.f. x • s.f. b. Garage x • a.f. . .,.. •evay = x � � 1 ��o s.t. d. _ x �� • �� e.f. ' x � • x ..f. t ?. Facie! 1 x y: • / 4, s.f. Deck f . Landsc..pe L x areas underlain, x a,f. by plastic �heetir.y x . s.f. x s.f. f. Other x • �.t. __ x • s . f . x • a.f. / .''TAL EXISTING kARDCOVER IN ZONE • J i'�} � a.f. (1) Existing Hardcover f • Total Existing Hardcover x 100 Lot Area within zone I7f�" a.f. x 100 • �'�. • • `� s.f. Additional Hardcover to be added in zone: Item Length x Width . TOTAL s.f. Fey' . S •A Z, _ 34 x �. % 4,� 5.f. x n ya s.f. z • s.f. TOTAL S.F. TO BE ADDED �S(o� (2) Existing Hardcover to be Rexcved, if any: Item Length x Width • TOTAL s.�. x��;/�,/ s.f. x . s.f. :'OTAL S.P. TO BE REMOVED r� 4 ` (3 ) Final Hardcover Proposal: [Line (1) • Line (2) -Line (3)) • Existing To be AdCod To be Removed Final Proposed Hardcover Line (4) % 100 1/3Y3 s.f. x 100 a%�f Ling (1) a.f. D. HARDCOVER CALCuLwTION SUMMARY A. B. C. D. E. T. Existing Final Lakeshore Existing Hardcover Proposed Hardcover Allowed Setback Lot Area Hardcover Percentage Hardcover Percentage Hardcover lone In Zone In Zone (B/A)x100 In Zone (D/A)x100 Percentage ----------- ------- .»_ ----- --- ---- -_......«...-. -_-- _._.__�...._-...._� 0-75' 3 �5o /aS of _�, .� ` of X0 0 .�.�,� .f . A • 0 • 75-250' e�'F / i of a SSS • _y_yy,�of Sae • 25 _ • 250-500' of of • of • 30 • 500-000' of of • of • 35 = HARDCOVER LIMITATIONS ROAD E. OTRSR LARE8HORE REGULATIONS HARDCOVER INCLUDESt - Structures with roof - Decks, even if slatted - Sidewalks - Driveways (paved or gravel) - Decorative landscaping a.:eas underlain by plastic sheeting - Tops of retaining walls, rock walls Any other surface that does not allow direct absorption of rainfall into the groT,nd NBC. 10.22, R100LATIOUS FOR 'L?+:.l1', 'LR-lA-1', •LR-1/', %2-IC' AND %R-1C--1' 008 FAMILY LA1269028 RBSIDSWTIAL DISTU'rO , Within any 'LR-IA', LR-lA-1', 'Llt-180, 'LR-1C', or z" 1--10 One Family Lakeshore Resident-.:: District the following regulations shall applyt SuLd. 1. Lakeshore Set Back .:.culations. The set back f::.w the shoreline for lakeshore lets shall he at lest.: feet and no building nay be located clos*r to the shoreline than the average di ^e froth the shoreline of ex! ating residence buildings on adjaeen, an.3 neari,- Subd. 2. Lakeshore Aare! C.,v_.. �lulations. Withir 75 feet of shoreline there shall be no excavating, filling, %,! cover, temporary or permanent structures. Within 75 to 250 feet of the sho,-­'there shall be no greater than 250 hard cover. within 2S0 to 500 feat of the t 'ne J.6re shall be no greater than 301 hard cover. Within. 500 to 1,000 feet nhorel:re- thei shall he no greste: than 350 hard cover. Fuba. 1. Tree Remove 1 Re- No t reen within IS feet of the shorel ine with the Tliame•ter of Ni!- (t,) tn, l� r:hall be recovod without first ohtaininq a permit fi,,m the Council. 20=TONR *.-JA ROAD I A" i"I,DDLEE':ON 471=8735 24*K30=D-TAcx-7S GA,..- i-.AGE ROOF BRAC'NG 2x671ES �/ j •E'.RS 16"=O=C = 1 X 4 BRACE I �� 2X4IIDOUBLE li T� I III \ 2 X a STUDS 16- O-C 4"-CEb;L'NT FLUUR & 2'FT A1:.GN :IRE b"i.: ;ii 6X6.i10- IAGE :!/2 # J-VRCJ.; 36"-HIGH FORT., IOURZD FOUNDATION FIR TL•'::TURED #111=5/8"OEXTERIGR SIDING i J "-PLY '400D ROOF BDa .' 15=LB FLLT & #/245-SHINGLES NDOUBLE2AI14-DOOR HEAJ 16X7=JOOR & ONE STEr.L 3EFJ7C'r: DOCK 014E RANCH TYPE. yINDO.ttGABLE ROOF 4/12"-OVERKA +'� A:.I AROUNJ 1X8=RIDGE BOARD 2X y GABLy STUDS DOU31.E VERHEAD pOu�! L ICOR STUDS I! t6 CORNERS WESTERN CONSTRUCTION COMPA!iY Suitt f 6 2 I ',A 5353 w3yzat.3 ou eV FRONT BOTTGM PLATE MINNEAPOLIS. MINNESOTA 55416 2X4=TREATED BOTTOM PLATE �� FROM: RATS: Mayor Grabek Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Assistant Planning & Zoning Administrator December 9, 1987 SOBJ2 #1228 Walter R. Wittmer, 1420 Baldur Park Road - Variance - Resolution Zoning District - LR-lC 1/2 Acre Sewercd Application - Request for side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75' lakeshore setback zone. List of Exhibits A - Proposed Resolution B - Planning Commission Minutes of 11/16/87 C - Notice of Planning Commission Action 11/25/87 D - Memo and Exhibits of November 12, 1987 Pertinent !acts - 1. Hardcover: Existing 0-75' = 6.4% with no change proposed Existing 75-250' = 50.4% with no change proposed 2. Average Lakeshore Setback encroachment: Existing - 71,no change proposed (existing wing walls on either side of the enclosure location already create a completely opaque second story area, hence, no additional view encroachment will occur). 3. Side Setback variance: Existing first story and proposed second story over it are approximately 4.2' from the side lot line. Discussion - Please review the memo and exhibits of November 12, 1987. Applicant constructed an 8'x 30' deck a few years after his 1978 variance approval to extend the house. The deck is in violation of that variance approval. At the Planning Commission meeting applicant acknowledged that, having reread the conditions of the 1978 variance approval, the deck was not approved. Applicant agrees to remove the 8'x 30' deck as long as he is allowed to keep a 6'x 8' section at the doorway area as an entryway deck, which was approved in 1978. Zoning File #1228 December 9, 1987 Page 2 of 2 Planning Commission at recommended 5-0 to approve lakeshore setback variance finding that there will be any light, air, or open additional hardcover as following conditions: their November 16, 1987 meeting the silo setback variance and average to construct a second story addition no significant new encroachment into space in the neighborhood and no 3 result of the project, under the 1. Applicant must remove the 8'x 30' deck except for a 6'x 8' section which is allowed to remain. 2. The .removed deck sections may be replaced with a lcose rock or wood chip area underlain by permeable geotechnical weed reduction fabric (but not plastic sheeting which is hardcover). Staff Recomendation - Staff recommends approval of the proposed variances per th% planning Commission recommendation per the attached proposed resolution. Final 0-75' hardcover after removal of the portions of the deck is 48 s.f. or 1.3%. City of ORONO "~ j RESOLUTION OF THE CITY COUNCIL . ,., NO. ------ ------ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODES SECTION 10.25, SUBDIVISION 6(B) AND SECTION 10.22, SUBDIVISIONS 1 rs 2 FILE #1228 WHEREAS, Palter Wittmer (hereinafter "the applicant") is the owner of the property located at 1420 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 10, Block 1, Baldur Park, Iiennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit the construction of a second story addition over an existing structure with sideyard setback of 4.2' where a 10' side setback is normally required; aria a vaLin►ce to Section 10.22, Subdivision 1 to allow such structure to encroach j,3st the average lakeshore setback line where no encroachment is normally allowed and into the 0-75' lakeshore setback .:one where no encroachment is normally allowed; and a variance to Section 10.22, Subdivisi-)n 2 to allow the continuation of existing non -permitted hardcover with.'n the 0-75' lakeshore setback zone where no hardcover is normally a 1 lowe i. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File N12'8. 2. The property is located in the LR-1C Single Family T,akeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended approval of thr proposed variances based upon the following findings: a) Because of the nature of the existin(; opaque wing walls on either side of the enclosure location,no additional view encroachment will result nor will there be any significant new encroachment into light, %ir, or open space in the neighborhood. b) The proposal results in no added hardcover on the property. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL i NO. c) Applicant constructed an 81x 30' deck on the lakeshore side of the existing residence in violation of the conditions of the original 1978 variance approval Application #368. Applicant should comply with condition of that approval by removal the appropriate portions of that illegal deck. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that qranting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based _.pon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a second story addition over an existing first story located 4.2' from the side lot line where a 10' side setback is normally required; and grants a variance to Section 10.22, Subdivision 1 to allow encroachment of 7' into the average lakeshore setback zone where no encroachment is normally allowed and allow a 1' encroachment into the 0-75' lakeshore setback zone where no encroachment is normally allowed; and grants a variance to Section 10.22, Subdivision 2 to allow hardcover of 1.3% in the 0- 75' lakeshore setback zone where no hardcover is normally allowed, subject to the following conditions: 1. Applicant must remove the 8'x 30' deck except for a 6'x 8' section which is allowed to remain. 2. The removed deck sections may be replaced with a loose rock or ,ioodchip area underlain by permeable geotechnical weed reduction fabric but not plastic sheeting which is hardcover. Pale 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Final allowed hardcover on the property is as follows: 0-75' Zone (area = 3,750 s.f.) - 6'x 8' deck = 48 s.f. or 1.3% allowed hardcover 75-250' Zone (area = 5,850 s.f.) allowed hardcover - House 1,073 s.f. Garage 624 s.f. Asphalt 650 s.f. Gravel parking area 250 s.f. Sidewalks: between house & garage 60 s.f. along east side of garage 78 s.f. alongnorth side fo garage 78 s.f. edge of driveway apron 16 s.f. along house 120 s.f. Total = 2,949 s.f. or 50.4% Applicant is advised that any future proposal that results in increase in hardcover will not be approved but might be approved only in conjunction with concurrent removal of an equal amount of existing hardcover. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance wi 1 1 expire on that date (December 14, 1988). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The ::nde:-signed applicant has read, underEtood and hereby agrees to the terms of this resolution and on behalf of hims_lf, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopt d by the Orono City Council on this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Clerk Jarit,s R. Grabek, Mayor Property Owner(s) Page 3 et 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMijER 16, 1987 #1227 PATRICK MIDDLETON 720 TONKAWA ROAD VARIANCE PUBLIC HEARING 10:28-10:29 The Affidavit of Publication and Certificate of Mailing were noted. Patrick Middleton was not present for this matter. Bellows explained the request for a hardcover variance to construct a garage on the property (no garage currently exists. E::istinq 15-250' hardcover is 55.5% and applicant proposed to remove large portions of the existing blacktop in the a -_ea near the road resulting in a net 75-250' hardcover reduction to 50.4%. Staff recommends approval. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Taylor, to recommend approval per staff recommendation. Motion, r- Ayes 5, Nays 0. 122 TER R. WITTMER 1 BAI.DUR PARK ROAD VARIANCES PUBLIC BEARING 10:30-10:38 The Affidavit of Publication and Certificate of Mailing were noted. Walter Wittmer was present for this matter. Gaffron explained the requst for side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75' lakeshore setback zone. He explained the objective of the proposal is to increase the space within to existing second floor bedrooms. He explained the issue of a deck that has been constructed in violation of a variance approved in 1978. Staff recommends approval of the proposed addition finding that there will be no significant a encroachment upon the neighbors, subject to removi f the 8'x 301 deck, to be replaced with a smaller dec. ra stair system not to exceed 6'x 7' in dimension. Walter Wittmer stated there was a five year lapse in time between the 1978 variance approval and building permit and actual construction which led to a lack of memory of what could be constructed. He noted that previous to building the deck, he checked with the neighbors regarding the size of deck and they ha<i nc 16 MINUTES OF THE, PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 #1228 WITTMER CONTINUED problem. Regarding staff recommendation, he asked to be allowed a deck and stair system 6'x 8' in dimension. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Hanson, to recommend approval of the variance per staff recommendation conditioned upon removal of the 8'x 30' deck to be replaced with a smaller deck and stair system not to exceed 6'x 8' in dimension. Moiton, Ayes 5, Nays 0. #1187 NORTH ARM ESTATES ASSOCIATION 215, 340, 350, 360 i 370 NORTH ARM LANE CONDITIONAL USE PURMIT SECOND REVIEW Rod Backerud was present representing the North Arm Estates Association. Mabusth explained the request involving the creation of berms to receive 25,000 cubic yards of spoils from the suction dredning of the North Arm Channel. The revised grading plans designate 2 berm areas now located out of the 931.5 elevation. Each berm meets the 75' setback from the lake (channel area) but the northern portions of the berm now encroach within 26' of the the wetland;. Berms are constructed with 4" PVC pipe at 2' height intervals. Mabusth noted that the MCWD has not yet given approval of the project. Rod Backerud explained the process involved and length of time involved. Bellows stated she was very leary of this type ct project being started at this time of year and the impact of a freeze -thaw cycle. Staff did not have a definite answer to whether a freeze -thaw cycle would adversely affect this project. It was moved by Prown, seconded by Hanson, to recommend approval per staff recommendation subject to applicant working with staff regarding the freeze -thaw concerns; and noting that the plan indicates a slight encroachment in the 26' wetland setback. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES It was moved by Hanson, seconded by Brown, to approve the Minutes of the October 19, 1987 Planning Commission meeting. Motion, Ayes 5, Nays 0. 17 ZONING FILE NO. 1228 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11-25-87 --------------------------------------------------------------------------- TO: Walter R. Wittmer COPIES TO: 1420 Baldur Park Road Wayzata, MN 55391 TYPE OF APPLICATION: X Variance ----------------------------------------------------------- DATE OF FUMING: 11-16-87 VOTE: 5 For 0 Against Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITION£: 1) Applicant must remove the 8'x30' deck, except for a 6'x8' section which is allowed to remain. 2) The removed deck sections may lie replaces. <ith a loose rock or woodchip area underlain by permeable geotechnical weed -reduction fabric (but not plastic sheeting, which is hardcover). Applicant's next scheduled meeting is confirmed as: City Council December 14, 1987; meeting starts at 7:00p.m. If you desire certifies; copies r° the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. /7- TO: Planning Commission Chariman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffrori, Asst Planning & Zoning Administrator DATE: November 12, 1987 SUBJECT: #1228 Walter R. Wittmer, 1420 Baldur Park Road - Variance - Public clearing Zoning District - LR-lC 1/2 Acre Sewered Application - Request for side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75 foot lakeshore setback zone. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey with Staff Notations Regarding Existing Structure and Hardcover Exhibit F - Various Documents from Previous Approvals and Denials Exhibit G - Hardcover Calculations PERTINENT FACTS 1. Deck constructed in violation of 1978 variance approval. Variance application #368 approved on May 11, 1978 by the Council was a variance to encroach the 75 foot lakeshore by a small corner of an enclosed porch. Applicant was allowed to rebuild or replace that porch and extend it flush with the east and west sides of the house. The proposed deck running the width of the house and approximately 8 feet in depth towards the lake was not approved, and applicant was to merely replace the existing approximately 6 foot x 7 foot steps on the lakeshore side of the house. Site inspection on November 12, 1987 reveals that the deck exists now just as it was proposed originally by the appl:,7ant, in what appears Lo be a clear and blatant violation of conditions of that original 1978 approval based on information in the City's files. The edge of the house is approximately 75 feet from the lake, the edge of the deck is approximately 66 feet from the lakeshore. 2. The current request :s to Pnclose the second level deck area that was created when the screen porch was rebuilt. This second story deck area as it exists has "wing walls" extending along both sides for privacy, and these "wing walls" serve to block any views the neighbors might have of this second story deck area, as if there were already structure enclosed and in place. 3. The current proposal does not have an effect of increasing hardcover on the property. Existing hardcover on the property in the 0-75 foot zonr, consists merely of the 30 foot x 8 foot deck. fardcover in the 75-2551 foot zone includes the house, sidewalks, garage (built as a result of a variance in 1979) and asphalt garage apron and a gravel parking area. Total 75-250 foot hardcover is 50.4%. Discussion - The addition proposed with the current application apparently has the objective of increasing the space within 2 existing bedrooms on the second floor. The space to be enclosed is currently usable as a second story deck area which will no longer function as such. The existing "wing walls" on either side of the enclosure location would serve to mask any view the neighbors might have of the lake and would already tend to encroach to some degree on light, air and open space enjoyed by the neighboring properties, hence no new encroachment would occur as a result of the proposed project. Staff would note that the elevation view and the cross section view of the bedroom addition are somewhat misleading in that the existing doorway and windows on the lakeside of the house do no match those shown on the plan, and the existing deck has no railing. Given the existence of a deck that was never approved and was apparently built without permits, staff would ask Plannir,' Commission to consider what sanctions, if any, are appropriate in this matter. The following may be options to consider: 1. Approve the proposed addition and ignore the deck, allowing it to remain with no further action. 2. Deny var i4nce on the groun,.s that it will tend to create 74 need for more open deck space somewhere else on the prcperty. 3. Appro•j- the addition subject to re —oval of the deck and recon3truction of a 6 foot x 7 foot :;tairway as was original:y approved by the City Council in 1978. 4. Approve t;.,2 addition subject to the applicant applying for an after -the -fact variance in order to allow consideration of retention of the illegal deck. Staff Recamendation Staff recommends approval -)f the proposed addition finding that there will be no significant new encroachment into any light, air or open space in the neighborhood and no added hardcover as a result of the project. The approval is for a side setback to allow a 4.2 foot side setback at this location. Staff woule recommend that approval be conditioned upon removal of the 8 foot x 30 foot deck, to be replaced with a smaller deck and stair system not to exceed 6 feet by 7 feet in dimension. Uc1 k- hu Fee Receipt Initials CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change froin original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address Property Identification Number (P.I.D.) Please check one - Is the property _IZ"abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home ) y 71 - (� 3 L f n V Name LI) Phone (work) q `f 'j - 7606 Address: I q& & idkPe �_ City: IAJayzor%ra. Zip: 55 3 / -------------------------------------------------�__--------------------- OKN=R (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired (month/yet*r.); ;�( ? FATMWE OFFICE I (do) (do not) aiso own the adjacent parcels of land. 0 Al LEN I VA.30 ------------------------------------- ---�- T-T-TA PRSBRMT USX OF PROPERTY r + Present Zoning District Present Use of Property S, ,NSle. 4Atmilg eA1*r4Lr Residential Other (specify) ------------------------------------- -------------------------------------- DEBCRIPTION OF R KPMT Estimated Construction Cost $ 0 O Describe request in detail :�111Ag j2rbF OV4er a AA 5for, r cieL, iI AA 1OA/r IAS,iUO /1 Ur C., e_ VARIANCES RMQOIRED Lot Area Lot Width Hardcovez Setback Variances ( Front Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations :..�Jj L !�c, S / u i _ c ' 4. h c< i t r1 C C— c� rk4 I y i ay r �J F ... (-� N S �. C_ c. v S t �, L_ -- --------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Gcvt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate cf survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agt:.-•s to provide all information required or requested by the Zoning :.cministrator, agrees to pay all fees and/or unusual expenses incuri,�d in review of this application, and certifies that thu information supplied is true and correct to the best of his/her knowledge. Applicant's Signature _�'�' lifl��� l� Date OWNERS SIGNATURE The owner hereby ackowled: ea and agrees to this application and further authorizes reasonable entr. onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of t°.. .�request. I / Q Owner's Signature '"� '`��t, .� ,,- �t�,-l�:, _ Date 10 " l 6 - U 7 ----------------------------- --------------------------------------------- Applicant must have all sc}::,},tale into the City offices 25 days before the Planninq Commission MeetivT. Planning Commission Meetings are held on the third Monday of each month. ..pplicants must be present at all scheduled review meetings of the 7 ..7 r`ng Commission and Council, and, if an applicant is unable to at'f. scheduled meeting, to please make arrange- ments to have an authorize. ' 't attend in your place and to advise the Buildinq & Zoning Office c change prior to the meetinq. in PUN DATE 10/20/87 BATCH 003 38 08-117-23 34 0013 FrOP ADDR 01424 BALDUR PARK RD C'Z.ER NAME GARY 6 YTHGER TAXPAYER GARY 6 YINIGER HAN:E/ADDR 1424 BALDUR PARK ROAD - C^CNb MN 55391 38 08-117-23 34 0016 PROP ADDR 01412 BALOUR PARK RD GUNER NAME MORSE AVENUE HOLDING COMPANY TAXPAYER CURTIS C HAGFORS NAME/ADDR 1412 SALDUR PARK RD ORfr10 MH 55391 38 00-117-23 34 0025 i'RJP AD^R C=JLR NAME EDWARD H SPINDLER TA}PAYER ESTATE OF EDWARD SPINDLER N:;.HE/ADDR C/O LARKIN, HOFFMAN. DALY 7900 XERXES AVE S SUITE 1500 BLOOMINGTON MH SS431 33 00-117-23 34 0030 PROP ADDR C:�:ER NAME PUF'-IC ACCCLWTIHG SERVICES TAXPAYER ESTATE OF EDWARD SPINJOLER NAME/ADDR C/O LARKIN, HOFFMAN, DALY 7900 XERXES AVE S SUITE 1500 BLOOMINGTON MH 55431 38 08-117-2; 43 0006 PROP ADDR 01436 FALDUR PARK RD C'.?JER NAME W A P NELSON TAXPAYER WALLACE E NELSON TAME/ADOR 6221 WASHBU^H AVE S HPLS MH 55423 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 34 0014 01420 BALOUR PARK RD W R WITT"ER A S K WITTMER WALTER R A SHARON K WITTMER 1420 SALD'JR PARK RD ORON O NN 55391 38 08-117-23 34 0017 01403 BALOUR PARK RD JAMES P WERNER ET AL JAMES P WERNER 1408 SALDUR PARK ROAD WAYZATA MN 55391 38 08-117-23 34 0020 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPINDLER C/O LARKIN, HOFFMAN, DALY 7900 XERXES AVE 5 SUITE 1500 BLOOMINGTON MN 55431 38 08-117-23 34 0031 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPINDLER C/O LARKIN, HOFFMAN, DALY 7900 XERXES AVE S SUITE 1500 BLOOMINGTON MN SS431 38 08-117-23 43 0007 01432 BALDUP PARK RD J G A M R NYQUIST JOHN 6 A MAUREEN R NYQUIST 1432 SALDUR PARK RD W4iYZATA MN 55391 REPORT NO. PI435401 PAGE 5 38 08-117-23 34 0015 01416 BALOUR PARK RD J C ULKU JCMLU 240 RUSSELL AVE SO MPLS MH 55405 _ 38 08-:17-23 34 0018 01404 BALDUR PARK RD CHARLES AFFIAS i WIFE CHARLES AFFIAS 2634 JERSEY AVE S _ MPLS MN 55426 30 08-117-23 34 0029 PUBLIC ACCOUNTING SERVICES •�.. ESTATE OF EDWARD SPINDLER . C/O LARKIN, HOFFMAN, DALY 7900 XERXES AVE S SUITE 1500',- BLOOMINGTON MN 55431 30 08-117-23 34 0059 01428 SALDUR PARK RD , G A H ROTH GUENTHER R ROTH -' 4603 ELLERDALE RO MINN:ETON KA MH 55343 TOTAL BATCH 003 00014 r RUN DATE 10/:0/E7 HENNEPIN COUNTY PROPERTY INFORMATION STSTEN 4EPOiiT M. PI435401 PROPERTY OWNERS LIST PAGE 6 F!.TCH 003 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF I FORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY T ATION. TO THE BEST OF MY KNOWLEDGE Arm BELIEF. DATE �1 BY LJ eqLOLR s n M0 ea. PARK ROAD at R F�F�ar'°q�� f �crON � • 928 90 � �� qs AO 00 s/ do • a p SNORGltN6 ,^ , / / 6 e"o5 : 9 40 E z`)• �\a N r o.o� o o- 03, o SA r W O U 9t ,n r 3 a Q V (10 O d W � ♦ s O C4 N s c 20 t 4S, r0 R QO6E Zdr'' P NCD o 'A cc 0 oho P 4 N P I O / � N �0 P► a A� Coul.ica- 4c-r7vN AJ o77(,C-_ r - 22-78 CITY of ®Rv 90 Control No. 368 p,„t ofrue tun fib*cr%stat Nay. Mtnne►r" 6'oJo*Mumt,po1 Ochres releph,)ne 4717e.',1 aX Var ian^e_ - Conditional Vne Permit Mr. Walter Wittmer Subdivision, Prelim. 1806 Hubbard Avenue bubdivision, Final Saint Paul, Minnesota 55104 Date of Notice 5-22-78 NOTICE OF CITY COUNCIL ACTION Re: Walter Wittmer 1420 Baldur Park Road Date of Meeting:May 11, 1978 Votes: For Against Abstention Action: _ Approvals As submitted subject to opplicable ordinance requirements .AK Approvals Subject to conditions noted _ Deferrals Pending receipt of information noted — Referrals Review by others, as noted _ Denial: For reasons noted NOTES 6 SPECIAL CONDITIONSt Section 34.201 Variance to encroach 75 ft. lakeshore setback by small corner of rehttilt porch. Rebuild or replace existing porch And extend flush with east and west sides of house. Delete proposed deck but replace ss.eps in same location and extent as existing. Deadlines._ Jariance approval expires one year after the meeting date Contact Luilding inspector for required permits —Conditional Use Approval Must be renewed annually Expires on Hunt Le renewed upon change in ownership or use Prelim. Subdiv, approval expires after cne year of mty. date Contact Zoning Admin. for final plat requirements --Final Subdivision approval expires 6 mos. after meeting date Contact Zoning Admin. for filing requirements and docu,nent ,,;prove Deferred items may be declared formally withdrawn if applicant failed to provide information within a„e ,month of mtr. ,late or by date specified by Cou•,cil If you desire certifie•l topic.; of tho cf tt i,,l (-it},r'.tnril rltnut��, they are available from the herity City clerk , r.< ,, rr vi<, ;trrl , i 1-rov t 1 lry ' t,e unttncil. to CoLpiC /I- /41NQ7-t-s 5-lI _??3 REGULAR MLET NG of i1F: OP'mo I' ; ' . i• . , Tum Jar(obs, 1i!.1f1, t:. tr,r. the following rr• 1-wnt• •,f :.:11• !' .:1' r, . t. t rr 1.1?ll t i �. i' Park Road, for a vit . it. •, d,tr.i t A, 'r'a, t 1G8 which a►aters: a•+l•rr Wit .,• r Mr. IlaItvr 14, ,leer, l 1?r :i r C k -1, t r • ;t- ing a variance to 1 •1 -'1 ,-, t., t., ; •rt.r home, [)at'r1•:'il•trIy on "r• i 1•� I;, :•) ,f former scrrrn,•d p,.#i •h. 't1 ,r�r `� ';n i:, t 1 •r� 1••ck extending fare ht•r t ...• d 1 � :.•, A vnriance to 34.201 i s r—tu • r-1, Or;r ii l •. ort,.•r of the porch 1,14it iun °. • ; on tho 75 r►� lake•ihore srtba•-k. ;' 1...K n,•r,mr-h••s t() wirhin 64 ft. of the shorn• and .:.•I1 in 'r ,r.t r)f il►e adjoining homos. The horle is -'-vnr't.(1 )n a 9r0• x 11)0§ (5500 sq. ft.) lot ,-►nd is 1r,, o d 4.73 ft. from the west lot line. "ht•rrt is no it ion •rrt•lrr the existing porch and questionable foundation under the rer. cinder. Rr -ntir.l in.l in --xct-so of S0% of the market value (S14,600 divided toy 2 - $7,300) would also require varianrrs to 34.'�%2, lot aroma and lot width. Planning Commission - April 10, 1978 t:�)rk S.•34ion Planning Comt�ission expressed apprt.val of acid ion but not deck as it extends too fat into lakes re setback zone. Also expressed approval of rot ring existing porch and steps which encroach lakes re setback. Planning Commire ion - April 24, 197e The Planning Commission approved the vdrtance contingent upon maintaining the steps and omitting the deck. Council Meeting - May 11, 1978 Mayor Van Nest moved, Butler seconded, to apptove the variance request of Halter Nittmer, 1420 1laldur Park Road, per the Planning Coru•+ission recommendations of April 24, 1978. Motion, Ayes (5) - Nays (0). Tom Jacobs, Bldg. Iaanec-tor, entered into the CONtt1'r104AL USE PF'P"IT record the request of Hennepin Counr.y Vo-Tech, Vo-Tech 5chwil 2950 Sixth Avenue North, for I conditional use 1l7L permit renewal, dated April 24, 1978 which stat•": The Planning Cummission rvcom-endt�d rent-wal of the conditional use ;)emit with the sari�. corflitions as Resolution 0781 adopted last year, rCt•r,• .r,•d) I i .�• 'sue—: • �;�� EntrTt&'.Am=t CCntC1 t r One Vatcyda:r Drive • Shakopee t•!N 51i371 •61 Y 445 April 13, 11'1+ Planninr (oc.nlssinn City of Orb.mo P.U. Box 66 Crystal Bay. Minnesota 55323 Members of the Planning Commissivii: In accordance with your wishes verbally given to me at the Planning Cromission meeting on April 10, 1978. 1 an. by tibia latter, reapplying for a variance In accordance with 1 the plans that you reviewed it the April 10 meeting. The property is at 1420 Boulder Park Road. However, in resubmitting I herewith agree to delete the front deck from the lakesidr of the hono and further agree that the steps that I reconstruct will be no larger in length. width or boight than thur:c presently existing. Since the April 10 meetlrg, I have spoken with Mr. Al Olson from the building inspertur'e office who indicated to tat that this was a proper method to resubmit for variance, and I herewith request that action be taken on this variance at your next re ulnrly scheduled meetinr on April 24. 197R. ?hank you for vour attention to thin smatter. Sinc.eri ly, s Walter R. Wittm(.r Vice-Ptesident /J s�rM6M0 TO: Planning Commission 6 Council FROM: A. P. Olson, Village Pla..ner DATE: April 4, 1978 SUBJECT: Walter Wittmer - 1420 Baldur Park Road Variance REQUEST: To remodel and add on to the existing home, particularly on the lake side in place of a former screened porch. Also shown is a large deck extending farther toward the lake. VARIANCES REQUIRED: 34.201 - One small corner of the porch addition encroaches on the 75 ft. lakeshore setb r6. The deck encroaches to within 64 ft. of the shore and well in front of the adjoining homes. SPECIAL NOTFS: The home is a converted summer cottage on a 50' x 190' (9500 of) lot and is located 4.23 ft. from the west lot line. There is no foundation under the existing porch and questionable foundation under the refrainder. Remodoling in excess of 50% of the market value ($14,600 i 2 a $7,300) would also require variances to 34.552, lot area and lot width. PLANNING :OMISSION April 10, 1978 WORK SESSION Planning Conmtission expressed approval of addition but not deck as it extends too far into lakeshore setback zone. Also expressed approval of repairing existing porch and .•>ps which encroach lakeshore setback. FIANN MG COMISSIOH - Apr! ?4, 1978 •ACTION The Planning Co=ission approved the variance contingent upon caintsinlns the steps anJ omitting the deck. r- -lf►,r�-oce%✓cam Atsv/eV-J, -- C1t) — / Y2,0 44i o"o2- low ICE-. I C-xe'S77h 6 3v' �F3' Z)F--r-se- _ r ya AFo X 2 s 6 PAS. GAS . S /1to•�c. NouSE y0 ' al q9/5-0 S-0 = SD, q X 111687.3 16 TO Ma '.nu City Council FROM: ME +ornhardson, City Administrat0 i � DATE: December 9, 1987 SUBJECT: Hazardous Building Proceedings - 190 Stubbs Bay Road ATTACHMENTS__ __ _ _ _ - A. 100 Stubbs Day Road - Hazardous Buildings Memo B. Draft Resolution Regarding Hazardous Buildings Proceedings - 100 Stubbs Bay Road ISSUE - 1. Adoption of a resolution as it relates to hazardous bui Idings proceedings at 101 Stubbs Bay Road. INTRODUCTION - In the past the City has adopted hazardous building proceedings in accordance with Minnesota State Statutes whereby the City has been under no requirement for formal notification of the prcperty owner in advance of the ",,tinci1 considera ion of the hazardous buildings proceed.ng. ..;_ City has been inf.rming the property owner by letter in advanr1 of the meeting where the action takes place, but generally has _ aced it on the agenda as a consent item and the individuals c•anerally have not appeared to make any statements i� regard to the property. Based on a review of the City's hazardous buildings proceedings it is now recommended that the City amend its procedure in cider to grant the property owner full measur- cf di,c process, even if not specifically required by State St:cul-e. As such the City will now be; 1.) for•nally n tying the property owner in advance f the meeting, 2.) not plan- it on the Council agenda as a consent item, 3.) have a more definitive -utline of hazardous in a narrative form, 4.) a resolution for 0.a property owner to consider and discuss at the meeting and 5.) Buildiny Inspector present at meeting to answer any question which arise. DISCUSSION - As it relates to the particular property a discussion of the merits of the individual hazardous building proceedinn - is noted in Attach nent A. ALTERN,. �'i.S - The following represent alternatives t►•. Council cc•uld takc on each of these items. 1. Acl(l,• .on .f _b..'ljtion as draft-'. 2. Amendment of resol ut . -n as it re 1 at „ •_c 'IA i ngs and/or time frames. 3. Tabling of item.- for additional i of ormat ; n as i t rel'ites to the condition • r the har:r,is, in 1 iql' j. of the standards. 4. Table '-he proceedings until ,uch time as a greater hazard ir. demonstrated. 5. Reject further consideration of the proceedings. RECOMMENDATION - It is recommended that each of the property owners be allowed to make their statement regarding their views on the hazards presented on the property and following those presentations that the Council adopt the attached resolutions. PROPOSED MOTION - Moved by seconded by , Council adopt Resolution commencing hazardous buildings proceedings against 1953 Shoreline Drive and that it adopt Resolution commencing hazardous buildings pro-eedings against 100 Stubbs Bay Road. Ayes , Nays CITY of ORONO Post Office Box 660 Ct •etal Bay, Minnesota 5: 123 e Municipal Offices On the North .Shore of Lake Minnetonka December 10, 1987 Thomas Betz 415 Deborah Drive Maple Plain, MN 55359 James Hillegass 1900 Sixth Avenue Long Lake, MN 55356 RE: 100 Stubbs Bay Road - Hazardous Buildings Dvar Sirs, At the December 14, 1937 Council meeting, Resolutions on hazardous structures at the above subject property will be acted upon. This letter is to inform you that you may appear at this time to discuss the mattes. Enclosed is a copy of the hazardous building resolutions and inspection report. If you have any questions, please feel free to contact me at my office. Sincerely, Thomas J. Jac bs Building Offi is TJJ/pp 1210.1 cc: Mark Bernhardson, City Adm. Jeanne Mabusth, Zoning Adm. Kathleen Blatz, "ity Atty. RUILDING!IONINI, 47l7M • ADMINISTRATION •F"4A%(F 4-1'J,r ASUSSING CITY of ORONO Post Office [lox 66•Crystal Bay, Minnesota 553ZJ e Municipal Offices On the North Shore of Lake Minnetonka December 10, 1987 Thomas Betz 415 Deborah Drive Maple Plain, MN 55359 James Hillegass 1900 Sixth Avenue Long Lake, MN 55356 RE: 100 Stubbs Bay Road - Hazardous Buildings Dear Sirs, At the December 14, 1987 C,uncil meeting, Resolutions on hazardous structures at the above subject property will be acted upon. This letter is to _nform you that you may appear at this time to discuss the matter. Enclosed is a copy of the hazardous building resolutions and inspection report. If you have any questions, please feel free to contact me at my office. Sincerely, Thomas J Ja ob Building Official TJJ/pp 1210.1 cc: Mark Bernhardson, City Adm. Jeanne Mabusth, Zoning Adm. Kathleen Blatz, ,:ity Atty. BUILDING& ZONING • 473-7337 • ADM IV ISTRA1`10N A FI%ANCF 4'3-7358 • PUBLIC%ORKS - 473-7359 AWSSING City of OR()NO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 100 STUBBS BAY ROAD SOUTH, ORONO HOUSE/PRINCIPAL STRUCTURE WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Thomas R. Betz of 415 Deborah Drive, Maple Plain, Minnesota 55359 -*.s the fee owner of record and James Hillegrass of 1900 Sixth Avenue North, Long Lake, Minnesota 55356 has an interest in the property locates:. at 100 Stubby Bay Road South, Orono, Minnesota, herein referred to as "the property", and legally described as follows: Property Identification Number: 05-117-23 12 0007 Lot 41, Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public he safety and welfare based on the following findings: INTERIOR 1. Basement Foundation Poor condition, consisting of stone and motar. Basement exists only in northeast corner of building. Store foundation not approved under existir.q code. 2. Ceiling - open to floor joists. Two posts in poor condition. First Floor 3. Walls - All interior and exterior walls have the lath and plaster removed. Insulation removed. Firestopping not provided. 4. Ceilings - Exposed f loor joists. Some floor joist to 2nd floor have no bearing. No fire stops at floor/ceiling provided. 5. Floors - Floor joists not exposed. No access to crawl space. Second Floor 6. Walls - All interior and exterior walls have lath and plaster removed. Sheet rock has been done in one room without the required inspections. Wall studs in one room have improper. bearing. 7. Floors - are open from below - inproper beari.nq to no bearing at all. Page 1 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL •:_ NO. 8. Ceilings - Rafters bearing on studs with improper bearing - structurely unsafe. Only one room has ceiling finish on. Water spots on ceiling - not protected from weather - rafters must meet UBC 2517 h. 9. Chimney - is being held up by four (4) wood studs. 2" clearance to combustible is not provided. 10. Doors - Building is open to the public and not secured. Only two (2) interior doors remaining. 11. Basement - Headroom - 5' improper winders, tread width improper - stair width does not meet code. 12. Stairways - 1st floor winders are improper tread width. No handrails provided. EXTERIOR 13. Walls - One gable end wall on 2nd floor cut out with chain saw. Exterior weathered and in poor condition. 14. Sills - are weathered and some wood rot exists. 15. Doors - poor condition, weathered and rotten. 16. Windows - some glass is broken. 17. Roof - all shingles removed. Building paper provided is in poor condition and has blown off or not provided in some areas. .8. Chimney - Weathered - motar falling out cf joints. 19. Soffits - are weathered. GENERAL SITE 20. General sip; is in very poor condition. There are two (2) piles of junk and debris on the site: 1) 6' high x 20' wide x 45' long; 2) 3' high x 10' wide x 8' long. 21. The following are not provided on the site: Sewer, water water piping, waste and vents, water heater, water closets, sinks, lavatories, bath tub, and heating facilities. ELECTRICAI. SERVICE 22. Service - as shown in the photo taken is unsafe as it was connected to gable end and was cut. around on three sides with chain saw thus leaving an open floor where a person could fall on it. Page 2 of 6 r. A City of ORONO RESOLUTION OF THE CITY COUNCIL Mli .:. NO. „b 23. Basement - Greenfield wiring used location, therefore not allowed in this - basement is considered a wet location. 24. Attic - Greenfield wiring used and is considered a damp location thus not allowed in this location. 25. Bedrooms - Greenfield wiring used, more than 4 quarter bends exist - not permitted. 26. Misc. - 60 amp service provided. Greenfield wiring is improperly installed throughout the building. 27. Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. 28. Orders to remove or repair the structure were issued by the Building Official on August 26, 1987 and September 2, 1987. These orders have not been complied with. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant Lto the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: INTERIOR a) Basement Foundation - remove existing foundation and rep2jL- with masonary, concrete or wood foundation per UBC 2907. b) Ceiling - if posts are required - replace, p-r UBC 2516 C (4). Firs`_ Floor c) Walls - must replace all insulation in walls per MF.0 501.1. Interior must be provided with sheet rock per UBC 4711 (a). Firestops must be provided at floor and ceiling per UnC 2516 (f). d) Ceilings - provide bearing, firestop at floor and ceiling per UDC 2517 (d) 2. Page 3 or 6 City of ORONO 5 � RESOLUTION OF THE CITY COUNCIL NO. — -- - - -- -- �I e) Floors - provide access and show that f loor joist meet UBC 2501 (size) and 2517 (d) 2 (bearing). Second Floor f) Walls - provide tup plates as required by UBC 2517 (g) 2 (which will provide proper bearing). Provide inspection to show that walls with sheet rock on meet Energy Code MEC 105.1. g) Floors - provide proper bearing at stairway and other areas where needed per UBC 2517 (d) 2. h) Ceilings - remove roof to provide proper bearirq of studs per UBC 2517 (d) 2. Replace roof. i) Chimney - remove and replace chimney per UBC 3707 (h). j ) Doors - secure building until removal of building or repair of building per State Statute 463.251. k) Basement - Headroom remove and replace per UBC 3306 (a). 1) Stairways - remove and replace per UBC 3306 (a). EXTERIOR m) Walls - replace all rotten siding and pa'.nt building per UBC 1707 (a). n) Window sills - remove rotten, wood and paint per UBC 2501 (d). o) Doors -- replace doors in poor condition per JBC 2501 W. p) Windows - replace broken glass per MEC 501.1. q) Roof - remove rotten sheathing and replace. Provide proper roof covering per UBC 3202 (a). r) Chimney - remove and replace per UBC 3707 W. s) Soffits - clean and paint per UBC 2501 W. GENERAL SITE t) Remove all junk and debris from site. u) Provide the following to the site: Page 4 of 6 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 1. Sewer - provide septic system per Orono Septic Code and required per State Plumbing Code Section 4715.0250. 2. Water - install a well by a licensed well driller, required pursuant to SBC/Plbg Code Section 4715.0210. 3. Water Piping - install by licensed plumber and required pursuant to Sta*.--- `°lumbing Code 4715.0210. 4. Waste and Vents - install by licensed plumber per State Plumbing Cade 4715.0210. 5. Water heater - install by licensed plumber per State Plumbing code 471° 0260. 6. One of each of the following must be installed per Sta- s Plumbing Code 4715.0210: Water closet, Sink, lavatory, c.d bath tub. 7. Heating Facility - must be installed per UBC 1211. ELECTRICAL SERVICE w) Service - put wall back. Provide new service 8' above roof vent. clearance, 3' clearance from windows/openings per NEC 230- 9 and NEC 230-24(a) and NEC 230-27. x) Basement - remove greenfield wiring (flexible metal conduit not approved for wet location) per NEC 35C-2. y) Attic - remove greenfield wiring in attic as it is considered a damp location and replace with proper wiring per NEC ART. 350- 2. z) Bedrooms - remove greenfield and replace with proper wiring per NEC Art. 350-6. aa) Misc. - must up grade service to 100 amp. bb) All greenfield wiring must be repiaL..I with wiring approved by NSC Art. 350. 3. If the repairs are not completed within twenty (20) days or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. Page 5 of. 6 .. - - ity of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. If an answer is filed that contests the hazardous building c::tion, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. 5. If the Court's Judgment is not complied with in the time prescribed, the City may make the ordered repairs, raze or :move the hazardous condition or building, or acquire the building and real estate on which the building or hazardou- condition is located by eminent domain. The necessary cost-; of such repairs, razing or removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on whi the hazardous condition exists and will be levied against the prope.,y as set forth in Minnesota Statutes Section 463.21 and 463.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this 14th day of December, 1987. ATTEST: Dor.thy M. Hallin, City Clcrk APPROVED: James R. Graben, Mayor Page 6 of 6 CITY OF ORONO Cover Shcets INSPECTION DEPT. REPORT Sheets AttochC HAZAVIDOUS BLDG,, SITE ADDRESS 1 oQ BBB S rani _ �CtJ WHAT I1;SPECTED Pr,v%e,p(_e___ T:5 �L��nr, PRINCIPAL USES _., LlS- USE ZONE 1Z R - I b S �v`� (,� Fawn , L`t �� we�•�.,�, LECAL DES, AUDITOR'S SU,TDIVISION NO- 203 041 41440 5100 05-117-23 12 0007 OC3.95 273 3 100 STUBBS BAT RD S address 4►5 bc_bor,:�l, _phone 47 3- A _ address _ phone OCCUPANTS Now _ address _phone address phcne JA O,LLash address 1 m , phone-57�-b_7R3 CO:;ST: UCTION 0r BCILDI;;O � cac�d kA�� �, no. of stories "L PERMITS ISSUED ON BUILDINIC 22 85 � 57a5 1N$QLa4,e!� ., DIPtENSI " OF BUILDI;:O 3(0 x 36, SETBACKS - front (00 rear sides 100 � building inspection -date I --Inspector T plumbing inspection -dote _—___ insp-ctor , elcctrical inspection -date inspector fire inspection -date i pcctor__ i health inspection -date inspector ph-tos taken -date 12-78*7 Z t RECOMM IMAT'IC2:S UP THE INSPECTION DErARTW.NT FLXWvAL :jgG �_co, JvO WM► E `�-V-2vTV..S _ .:`- '-Lt�uc-l.y_r&,ti+ L � V.h S.Q�+Y�_ ���?.r . _ Jcl�'L _ .�?�.Q .�� A,IC, w y . �r�• . U Mew- 111 6 Ugc CaMMMOWM:t e[ csws'AeVC_T!..V CITY 0 ' ORONO - INSPE'CTION DEPARTMENT RECORD OF T1lrSE INSPECTIONS Srn'T TU THE CITY ATTORNEY: date RECORD OF THE-L INSPECTIONS SiNT ,0: NAME ADDRESS NAME ADDRESS BUILDING CONDEMMED FOR OCCUPANCY -date 12-"7 - V7 inspector T'�1, dAte inspector LETTER SENT FROM CITY ATTORNEY TO: .Q pr'nRESS RECQMHDAIIONS OF THE Cl rY ATTORNEY DA ` FOR NECESSARY PERMIT TI WHICH WORK MST BE COME TED BY RECORD OF SUBSEQUENT I11SPECT'IONS AND LECAL ACTION CITY OF ORO'10 - INS"PECTION DF MILUT BUILDING REPORT DATE 12- - l - rS'l Z NS PECI'C.it 7- :�N C-6b S gERS `!A -ME 7111timAtt), �. l ffL �- • I.'7ERIOR PRESENT CONDITIONS CHARGES NECESSARY _." F,�r _ ( +� �oF- STbNE REMoJE r><ISTIN C� BAS; 4T iF Mo-kiv- oN , E, Y. - s T ?r RF_;:L�GP WIT 1 i 10 N. E C:orneJ Op $La°S M4se-W-e CoNGrL�G FOUNDATION E><ree�o.r ��wR�� rto �Ai� ot- y� Fcu�da�.ev� _ AVwRT ?_90-7_ pjp "PoRT1'T1O�S E><�5T I'J WALLS.sErhEwT Qit1�I. FLOORS` Deb, 13 o a+ Ckec,FLoor FL,00, Ce„ L4 sue, I �cwr_. %L DO"- &C ♦V/� �pelj To Flmr Y Jw-% 'TS 11= Z �.� 'R,�.c•.+.1tr?D 790LA.c _ C, vINGS tee. Yor'.!S - R-q- Ca • ..rJOwr rt.2 U1C. 251i. !.. '4) -�t�il INiCiZlOrTfryGOr - -- •. T WsL�.s Ns•1Q. Ti,p IATH rRos � � IN� KePc..+,_� �.. t, F(/►Trw� .k5T FLOOR- 1�6�MOuE�. 1�: �.✓.�-T�o►� f�Fj1ApYFL . �sv� i'rov�dc � fts�r� F.R�c STe �P•N.r ►1.T•• �*o.l.d�i s.►.Gt< Rpc_K .�* U8G 7) {TC ALL.. �E+1cP0'�i- �I,tw ..iu.•+►Ti Soma... �rpv.d�_-AA�w�, P16 �'T� CEY 'Gr T t.Ari✓ Je. sT To.1 2 0�^1O FLoo. ija vq Al- Fu p.- f ;i.� b I"i � J I (I.IC► t��fi 2T 11L�[ 2G1 � 1�ST' I�:�ODv - �(,pe• ..a1tTS 7'2'.J Ac__ RS --•�S $L.o.a b n Wo f drzss il+aT FI- Y ✓'IE - `F ' uec zoo __ •_•- All. WA1_'-:-5 l/.fili�l� ��_�KT�IO✓ ��0�+\ E_ Pnr4X � :.DUITIOAIAL FLOORSzJD Nr.�t • . 'N ���+ller< ..o.ltap a m onJE ii..�...� $ R�C�vw leas l idALL S ! va .. • . r + w«� ,� w. !c : v ps A"c sT mea.rt.-.� • Iv :a s `.'�L '.. fir^ vw--� ..L =_ _�_.�... FLOORS� it tau.?c J e�`•�_ , - ^e.,.a►"-S R•d c '.•v�x..tt, v� A z s P►12 ,,.. .N oT..t h. fd) t ---- >v�Ects ia��.r1 .► stwe.''T-' }�i<.,.wa Zre -co �...,�tr CEILINGS .ry�.oe� P.c�►2.�.� a.�tpA1'1.+ o�ieii ? e u► ��ar` c• sTuos. "�11h *%w-- o. ea. 4.5 *KImnV �l'l+.w.� �y - .§ CE 4no� �/''-� hal.� v(• Dy I Ixi�C_ 37 h (_�n.`hwE� '. Weed v C?3 . 'T• 5�...+....••.n. T V.4.Ja�-�.....r-- rl DOORS we. e�l. -�r r+•are �+ t*GT OP. er,►..w- ,_ " r, pe.- ��e:..o .: kc}�c,�c-e' r _ � �, .per, F!1 S' `S�i.11�wa'�S 1 •T F �.. vsl.uly-. Iw. �.�e. � �.c�h-_"-1�pp„'---- --_._. .._. __�J.-.-__� - M '�fi..�'� �!Y•.JT1 SI l' t. f•�—•1:5� SSDfll�i CITY OF ORONO - lN'_')'ECTION DE::PAR'PMFrJT BUILDING REPORT DATE-1 ! - 1 - n _INSPECTORS. 'y'_ ,\.� S OWNER 1 t^o w .: - T L ADDRESS Inc? STy�K3S i�a'1r EXTERI EXTERIOR WALLS SILLS PRESET. 1 CONDITION �:.. DES NECESSARY oNr. G&W-c- woo- C.jt 0 .�— REpIZo 4� ems.` s,c1i Al c_`.,sMl• sAW C F'l.ocne, &1(T�1 e� -..+ FJ'ir viE2.r H N D ►�oErr C-0.-`D �-1...� 'T'e., h�- woolA(Ze'u-e -Pp, , I poo C.w.ClA% w GM►T l ?' 1�� r ,r. A 6-f, Cb RE; L &c- WINDOWS 4ll Sh.r• Le 4ru "'wo • Bu IiL, K., TZE ov E }'n +. SkA a+6 ..-q P(A'L — ROOF fro, .dt:�! r n.i Aoe. � Rees= LzQeiul NCt a?Apc_- 1���_,Iornci ,►�[S\�R.a -1�-'tip C�`l-1.�4 o✓T -� e c : •t���.F- �-- 1\+� Cxi�.�L IL SOFFIVi ACCESSORY oU T-. BUILDINGS 3 ACc...ssaer T-Al S�tE f 061MtAL QIT`; o s 4; zVA� D RL-'"owF_ �•o . r . _... c es r V'IAL Ei'�'rY Ze� w Y 4! �.�C P- T'Fr )Cie, wx f L I M1cr. CITY OE' ORONO - INSPECTIOA DEPAM'..4-1ENT PLUMBING REPORT DATE_Z Z- - 7 - � INSPECTOR T. �q obi OWNERS ADDRESS PRESENT CONDITION CHANGES NECESSARY (JpY�e; ON Sz't'E Proved@,. SF��c STEM SEWER �tr (1 cove o 5ep+l y7/s.ozso wE LL 8y WATER Lt c . w e t.i- -t),r t LL e-v- . WATER PIPING GAS PIPING WASTE AND VENTS FLOOR DRAINS LAUNDRY WATER HEATER WATER CLOSETS SIN$Z LAVATORIES BATH TUB HEATING PAC,TLITTEI; Nolti¢.._ C XA-- S 4-E ►Jaya.. �.., 5 r�-E. d ,*- S & WA O/A n w.� oM Noo'e- O ti ::-> t 4 E t� o v\ e_ c rv. I QS;r . c_c. vs•i L%c- 'Pwv,%bear PIN. We fjo-r 'QEQ►I,2E.r-�, INS-reLL_ 'Vr J.,c . Huber ",A r10 N/A I NSTA►.�. 2 ST�1 tl�' zc. COAL STsr� PLA ;. Cod v- ya S. o Z I o ~Oki-- �.4a. ns • � STATE YLSc. CIO cle y7IS•oZ�_ i �� ► l rhvST i u ST at.i. MISC. CITY OF URUiJU - INbVhC:'l SUN UL'XARTI1ENI ELECTRICAL PEPORl' DATE__-] - - a - 91 INSPECTOR -T - \A j c, OWNTRS [iAA�_� cs ADDRESS \ OO STUF�F�S �Au ��1 PRESENT CONDITIONS CHANCES NECESSARY Sb%o..av\ t•J R�c+io - 1s �t45nCE 'Pot WeLL T3nLK1 rov-►dA - SERVICE I 5erzoi r-e- s 4BovE ReoF' END �,a•�s L.rc ARour1�d VERr. Cl��+r�� 3' CLearA-cam w,�.cle�ut o�.w[6� $nll�� Z3o 9 CQAA 4( a•+ } NEC 2--3o-Zg(d) 2 30 -27 �F,4Ld w.c�,•.5 vsEO "g,�� �tis'T� %�Mo.:C �reo.,rC1Ea..0 wraw. (Fl.ar.l.Ce BASE: ENT �� .3 4Ns•d�a. o we r ✓HET,.L co.[ /)v[T N o T p,pp�o C.r LAU N'D RY � I FURNACE R�nno�e nt-}rc_ C,0-2&,devad ATTIC GAiU.GE KITCHEN BATHS DIMING ROOM LIVING ROOM �•�� � USES snort t�nsv� BEDROOMS (= e►�es f,c� FC9a:ttr: STAIRWAYS MISC. I wr �oPerr w• r��v.�.\ I E C- A rr. Z Cn . l-, > "KV,5T op 6rwda to S e: u , c_.e.. HFG . f-wa t [ i.-T LIVE \�/f6 �di p City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RI:LOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 100 STUBBS BAY ROAD SOUTH, ORONO 13ARN WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Thomas R. Betz cf 415 Deb iah Drive, Maple Plain, Minnesota 55359 is the fee owner of record and James Hi 1 iegrass of 1900 Sixth Avenue North, Long L e, Minnesota 553:6 has an inserest in the property located at 100 Stubbs Bay Road South, Orono, Minnesota, herein referred to as "the property", and legally described as follows: Property Identification Number: 05-117-23 12 0007 Lot 41, Audi*or's Subdivision Number 203, Hennepin Coun =y, 1.14 nnesota (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable ar,d contains unsanitary and hazardous conditions which constitute a public: nuisance and which makes this property hazardous to the public :iealth, safety and welfare based on the following findings: INTERIOR 1. Basement - Poor condition - concrete block "alling apart. 2. Floors - dirt floor. 3. Ceiling - falling in. First Floor 4. Ceilings - caved in. 5. Floors - wocr. (-aved in 6. Doors - Building ? not secured. EXTERIOR WAILS 7. Exterior walls - one wall is in Rc•od onditi on but needs paint. The rest are rotting Away. R. Sills - rotten. Pace l of I City of ORONO ;Eg _J 9. ' Windows - broken. RESOLUTION OF THE CITY COUNCIL NO. 10. Roof - caved in. Rafters rotten. GENERAL SITE 11. General site - high weeds, junk and debris on site. PLUMBING REPORT 12. No plumbing - not required. ELECTRICAL SERVICE 13. Service - could not go into structure to verif, NOW, THEREFORE, BE 1T RESOLVED as follows: (unsafe) 1. That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: INTERIOR a) Basement Foundation - remove - hazard and replace UBC 2907 (a). b) Floors - install concrete if used to store vehicles - UBC 1105. c) C(,i 1 ing - remove and replace per UBC table 25-U-J I. First Floor d) Ceilings - remove and replace per UBC table 25-U-3 6. e) Floors - remove and replace per UBC table 25-U-J-I. f ) Doors - must secure building per State Statute 463.251. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the City Council of the City of Orono, Minnesota, this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Clerk APPROVED: James R. Grabek, Mayor Page 4 of 4 City of ORONO RESOLUTION OF THE iATY COUNCIL NO. Adopted by the City Council of the City of Orono, Minnesota, this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Cler', APPROVED: James R. Grabek, Mayor Page 4 of 4 CITY OF ORONO Cover shects— INSPECTION . DEPT. REPORT Sheet:: AttacheJ_— HAZARDOUS BLDG. SITE ADDRESS i oo �3\Q1Se)C'-% WHAT INSPECTED A Cyr '- PRINCIPAL USES BA0,n USE ZONE LEGAL DESCRIPTION OWNER—ffc Q E1 Z address 4/S' phone AGENT `address phone OCCUPANTS address phone address phone_____'__, LIEhIOLDERS ME address'A�ft•jjxrm&rr _vd. phot,, _ CONSTRUCTION OF BUILDING -zi�- ttmea no. of stories c PERMITS ISSUED 0:1 BUILDING DIMEN+SIONS OF BUILDING SETBACKS - front. rear 125� sides u) building inspection -date %1..- _inspector { T plumbing inspection -date *iON16- AIQ inspector electrical inspection -date 12-1- —inspector TT fire . nspection-date 1-4 -1 - 2" inspector TJ' health inspection -date __insp^ctor photos taken -date 1i--� RECONCIENDATIONS 07 THE INSPECTION DEPARDIENT '7'�,�p. L � �v oJo L rF • CAv, r\ __LN :::--- CITi OF uRGNO — INSPLCrION DCPARTME11T RECORD OP TliESE INSPECTIONS SENT TO THE CITY ATTORNEY: date %-LA - n RECORD OF THESE INSPECTIONS SENT TO: NAME T1ne 5 R• BE.T ADDRESS jL15 J"jyriln J)r &,f itte PfAIo NAME ADDRESS lgO0 AtlE LL BUILDING CONDEMAED FOR OCCUPANCY -date 12 - '? - r7 inspector L JACCV)!' dAte inspector LETTER SENT FROM CITY ATTORNEY TO: ADDRESS RECOMMENDATI027S OF THE CITY ATTORNEY D&TE FOR NECESSARY PERMITS DATE WHICH WORK MUST BE CCMPLETED BY RECORD OF SUBSEWEI,.-1'-PEC7IO'NS AND I.LGAL ACTICti CITY OI' ORONO - INSPECTION DEPARTME IJT BUILDING REPORT DATE IZ - T - 31 ViSPECTOR T. OWNERS NAME ADDRESS INTERIOR BASEMENT FOUNDATION WALLS FLOORS CEILINGS FIRST FLUOR :'.ILLS CEILINGS FLOORS ADDITIONAL FLOORS WALLS FLOORS PRLSENT CONDITIt S "Poo.- Cos%�Irt►olo— — 'C,e+_ 'FSLC FALL%—) A ''-Qk 2-i 1 u IA q �/•) CA,3Ec 10 CHANGES NECESSARY s PLAc t?- 4r vwv T• !�►�voiclas - n 1 t eS w�c,,i RqCACt-. Z�al,c►�F Tvtz U& 0U-47. I ^ _iM UsftA CANO I �1 i ;p sbu•j• CEILINGS 00 CHIIMY tl /A DOORS t:^1 ��t L �,�R 1�/P✓I✓ ���rE ry 3. zs'/ n:c;-4ER ADDRESS L' AIDiLLVR EXTERIOR WALLS SILLS DOORS WINDOWS ROOF Cl IMM SO"ITS AC('v , .SORY BUILDING$ QMRAL SIT& CITY CF O - Ii:-,Pr::TION DEPARTMENT BUILDING REPOR DATE_ INSPECTOR__ _ PRESENT CONDITION pr%e- "31t%LL \ % I" Time - CHANGES NLCESSARY lziemovr Ro'%Gm... Meer u 8� ems, 'Remove ik P.EPI&-f-r- zsoi (J) Bf'�F� �P�►G� -�o �/cuvJG1 +. v c fur YE 2 �✓�A7 E S7�7r y63 (: AV jb tN • SZ � s lr►cC RAFMVIS CA �E2 UgC 2S/7ftil �I 1 � Jl JunK S'Debris S 14-6 ,X/ CITY CY ORONO - INSPECTION DLPARTMENT PLUMBING REPORT DATE INSPECTOR OWNERS NAME ADDRESS CONDITI SEWER WATER WATER PIPING GAS PIPING WASTE AND VENTS FLOOR DRAINS LAUNDRY WATER HEATER WATER CLOSETS i l NKS LAVATORIrJ BATH TUB HPATINC: FACILITIES CHANGES NECESSARY MISC. OWNERS NAPE ADDRESS CIT'i OF OPUNU - IN6FEC1'IUN UEY/li TIIENI ELECTRICAL REPORT DATE INSPECTOR PRESENT CONDITIONS CHANGES NECESSARY SERVICE BASEMENT I LAUNDRY FL INACE I !— ATTIC GAGE KITCHEN BATHS ! DINING; ROOM LIVING ROOM I BEDROOMS i i STAIRWAYS ! i MISC. I GcwL: i' tiJo 7a r /lrI •e STIR' i ut4r-1 F-fy Cit,k (if ORONO p } RESOLUrION OF THE CITY COUNCIL • NO. _ A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 100 S971BBS BAY ROAD SOUTH, OPONO GARhGE/OUTHOUSE BUILDINGS WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Thomas R. Betz of 415 Deborah Drive, Maple Plain, Minnesota 55359 is the fee owner of record and James Hillegrass of 1900 Sixth Avenue North, Long Lake, Minnesota 55356 has an interest in the property located at 100 Stubbs Bay Road South, Orono, Minnesota, herein referred to as "the property", and legally desci.bed as follows: Property Identification Number: 05-117-23 12 0007 Lot 41, Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance anci which makes this property hazardous to the public health, safety and welfare based on the following findings: INTERIOR 1. Basement Foundation - none exist, structure is sitting on the ground. First Floor 2. Walls - 2x4 stud walls sitting on earth and leering to t. a south at a 45 degree angle. 3. Ceilings - onen to rafters - ?x4 rafters are racking - rafters under. sized. 4. Floors - dirt floor exists. 5. Doers - garaq- door is open to the public - door is removed. FXTI:R l OR 6. Walls- weathered and tvaninq. hays 1 (f ,, City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. Doors - missing. 8. Roof - weathered and rotten. 9. Accessory Buildings - outhouse on site - siding and floor is rotten. GENERAL SITE 10. General site is in very poor condition. There are high weeds, junk and debris on the site. 11. Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 2C3. 12. Orders to remove or repair the structure were issued by the Building Official on August 26, 1987 and SepteL'.ber 2, 1987. These orders have not been complied with. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to State Scutute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will «alt in the City properly securing the building and the cost the* -^_of will be charged against the real estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in ace ordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repair; in order to correct the hazardous condition: INTERIOR a) Basemcit Foundation - provide slag on grade cr frost footings per UBC 2907 (a). First Floor L) Walls - provide footings - straightcn walls per UBC 2907 (a). Page 2 of 4 City of ORONO F t RESOLUTION OF THE CITY COUNCIL ;, c) Ceilings - remove roof - provide manufactured trusses or rafters sized per UBC 2517 h (2). d) Floors - rair structure, provide concrete or asphalt floor per UBC 1105. e) Doors - secure building until removal of building or repair of building per State Statute 463.251. EXTERIOR f) Walls - straighten wall remove and replace siding, paint per UBC 1707 (a). g) Doors - provide door to secure structure per State Statute 463.251. h) Roof - remove rotten sheathing and replace. Provide proper roof covering per UBC 3202 (a). i) Accessory Buildings - remove structure - not permitted as legal sanitation facility per Orono Municipal Code 9.02, Subdivision 2. GENERAL SITE j) Cut weeds and remove junk and debris per Orono Municipal Code 9.50. 3. If the repairs are not completed within. twenty (20) days, or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. 4. If an answer is filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which the building shall be destroyed or repaired as set forth in Minnesota Statutes Section 463.20. Page 3 of 4 city of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 5. If the Court's Judgment is not complied with in the time prescribed, the City may crake the ordered repairs, raze or remove the hazardous condition or building, or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on which the hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. 6. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this 14th day of December, 1987. ATTEST: Dorothy M. Hallin, City Clerk APPROVED: James R. Grabek, Mayor Page 4 ( f- 4 e I Ty OF HMO Cover ShCV t:. -- INSPE�TION DEPT. REPORT Sheets Attached SITE ADDRESSV) 141L! T INSPECTED__�jj�� PRINCIPAL USES DA - _ USE ZONE RR- LEGAL DLSCRIPTIO:I Ok vtR __addrLSS y 15 aor I-,ca —ph one M►� AGENT address _ _,phone OCCUPANTS address aed1C;iS --phone_- phone uddress 14QG-�+ t_phone COP:STRUCTION Oi L'UILDIN Y�no. of L;Lortc.; A—______— PE,dMITS ISSUED ON LUILDING 1Js,ti� 6i—AA v DIMENSIONS OF BUILUING 1Z 5LAE_ SETBACKS - front 1'30� rear l 50 1 sidcs 140'(So m•) 1 �0'rNarN) building inspection -date_ ki.- j - X-7 inspector ITA- 15 plunbing inspection -date •�Z•l - F7 inspector T. Ahco6 S electrical inspection -date I2-•1 -P inspector T .kubS fire inspection -date I2 • -1. 87 inspector health inspection -date_ IZ - 7-k 7 inspector photcs taken -data 11 - -Fs7 _ rX.COYOME::nATIONS OF THE INSPECTION DEPARVIENT mat _ /►Qesr __.3��?��" ,ANq(�_ _ _ L7VT �i0!►SE. 1�Y!+C�vr�-__., I CITY OF UI�ON0 - ICISPBCTION DEPARTMENT RECORD OF IIIESE INSPLCTIONS SENT TO THE CITY ATTORNEY: date RECORD OF THESE INzj :Zf*TIONS SENT TO: NAME ADD:LESS NAME ADDRESS BUILDING COh'DE .CD FOR OCCUPANCY-dato I -7- r7 inspector d+tte inspector__, LETTER SENT F IGM CITY ATTOR!ZY TO: ADDRESS RECOKMENDA110NS OF THE art ATTORNEY DATE FOR NZC^SSARY PERMITS DATE WHICH WORK IU;ST SC COMPLETED BY RECORD Of SUZSLgUEh7 ITISPEC IONS ANT) LEGAL ACTION��_ ___ CITY OF 01\'0140 - INSPECTION DEPARTMENT BUILDING REPORT DATE INSPECTOR OWNERS NAME ADDRESS INTERIOR PRESENT CONDITIONS CHANGES NECESSARY BASEME4T IBC EXtsT - SAV", 1 Vrojte- SL^lo p 1.4 Gr FOUNDATION u C>r y F eosT F+,% -5 WALLS `, A FLOORS CEILINGS 9/A F+�s- FIRST FLOOR Q 2 x 4 STuD 4.]I►.1.1.5 sTeA�kttr� Wsu s s,Tt►.,9 c� �N. ��►.,�� WALLS 'rt 50 �l1. a 15 �aa�1.E CEILINGS �:• �.RT�.Sa RAFs m�''w " ROC - R^.+�aLt Tu►wC Trusses 0.- A tG 404-I h - j. or Sstp R&PT**% 1-192 PER - TORT L'Loci Ex1s,T S4lucTvr W �v FLOORS ` a PkAIt ADDITIONAL FLOORS w►Lt.a �_ FLOORS - CEILINGS CHIMM Ste v.IL 4L&I w ✓ NT L p. f ._..Cp-� n t' .DOORS �aARI►(�i p„ �,1,, c_ - Qe+c.. cMo.rtty RPAeftV o r NO O Ptx NTsc S/7 ha) wide 'W IER ADPRESS EXTERIOR EXTERIOR WALLS SILLS is )ORS WI ttDOWS ROOF CHIhLM CITY OF ORONO - INSPECTION DEPARTMENT BUILDING REPORT DATEINSif.CTOR i • C clv� PRESENT CONDITION Ro TTCan m Y� o%E N �„�tnz�lcRGD v rr,44c., N la 50F1ITS � Fn ,^ i vt ACrESSORY OUT NovSe ON S� CEWSM SIT'B �1 q� WEBS ,SuJ�K_ O►*40 �t�S Ex A t;Z S O r., � CHANCES NECESSARY s-Mp ,c7 k4 60 w4 C a 2501 C�) S i KJGZ UrQ-— r� 2 Sts't F_ St,,+ yL3-ZS'/ v"Ee, STATE' STsT. h3 • 2 S I k xovE r PglAce -t-R vac uf5c 3 ZoZ(a� JReMoVE-4TMuc7ZIrL Ivc t n�, 4ccl As LfiES ti,tZ %bj Z C-%o*% wcW10s j}•K��, tt �b,%e JOwt' Y brl S 1�cR ORC�+iD µn.►.c�PoL �ad'a �r SCE OwTIERS N&KE ADDRESS CITY OI•' ORONO - INSPECTION DE'PI►RTMENT PLUMBING REPORT DATE INSPECT(•R PRESENT CONDITION SEWER WATER WATER PIPING GAS PIPING I WASTE AND VENTS FLOOR DRAINS LA U4DRY HATER HEATER WATER CLOSETS SINKS LAVATORTFS 1 BATH T1T HFATI W- YACI I.ITi F CHANGES NTECESSARY MISC CITY UCit , oiMONO ELECT RE LUT N O�;� EgR NL'I DATE i�--~�' }�( ..�NSPGCTOK k. owrrn ADDRESS L- i ��i-,&S vl c 0 n `5A F E 1 L-) F t !TES PRESENT COMMONS Cl MZS ►0"" "SARY SET RVICE B A S E".E NT LAUNDRY FURNACE ATTIC GARAGE I KITCHEN BAT' VINING ROOM h.. D ROOF: S STAI RUA',;' i K? IS,, . 121087.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: December 10, 1987 SUBJECT: 1987/1988 Compensation Attach. -its- A. Recommendation for B. 1987/1988 Comper C. City of Orono C(_. 12/7/87 ISSUE 1987 Adjustments Lion Resolution !nsation/Hand Out Dated 1. Consideration of 1987 compensation adjustments in light of internal equity study. 2. Apui oval of 1988 compensation adjustments. IN7-70DUCTION - At the work session on December 7, 1987 background aI City+ compensation and the general parameters for future compensation were presenters. Progress on development of the compensation systems elements have not progressed as rapidly as had been hoped. (This is primarly because the mathmatical development of the appropriate analytic regression line to determine expected performance compensation is not yet complete.) Enough data is however available to recommend certain adjustments for selected personnel. DISCUSSION - As discussed on thr. 7th the development of a regression line to fit the intt-rnal study date, is key in development of the pay line for the expected performance. Development of this has not progressed as satisfactorly as had been hoped. It will howe,.er be developed prior to formulation of a compensation plan in 1988. The initial cost of living adjustments that were .-)udgetpd for in 1988 together with incorporation of any '87 zdjustments could be made now and these could then be followed by any adjustments necessitated by development of the compens,.*ion plan in 1988. Development of the compensation ply fn,r 1988 would also inclu(' the grouping of positions into claL:ses,development of the expected pay line and a progression system through the initial pay program. Presented also for discussion at that time will be the means by which a person could receive comp-,nsati<.,n for perfo--rance above the expected level of performance. The markr•t data providers i:- an ,t.)ximatinn from the 19.9 Stant(,)n 1)1ta for cities Thc• mid- Iata is! n()t nec:f, :;.:irl; the averarse of the "c,xp .•tf-d porf;-, oay Irvi,l, nor jrf it necessairly reflek,t any (-omp-ira' r wart`, -iiju:- tmr'nt ^lj+ cities during 1.987. ALTERNATIVES - Organizational - 1. Adopt compensation proposed -1987 -198P, 2. Adopt as amended -1987 -1988 Meetin_a Action 1 . Adopt 1987 and/or 1988 2. Amend 1987 and/or 1988 3. Table 1987 and/or 1988 (" .ik' It-69 of assistance if the 1987 adjustments were to be acter ;pon at this meeting for accounting and year end close out purposes. It would be helpful for 1988 payroll purposes that the initial 1988 adjustments be done with the understanding that there would possibly be other adjustments when the full plan for compensation is developed in 1988. RECOMMENDATION - It is recommended that Council adopt 1987 compensation adjustments retroactive to the specified dates and adopt the initial 1988 adjustments based on the final '87 compensation plus the 3% cost of living that was budgeted for in the 1988 budget. The estimated total for the 1987 adjustments is about $10,000 which is substantially under the $22,000 still available for such adjustments in 1987. PROPOSED MOTION - Moved by seconued by , that the Council adopt Resolution A which adjusts selected 1987 wages and makes initial adjustments for 1988 based on the '87 adjustments together with the 3% budgeted cost of living adjustment for all persons not represented by hargining unit. Ayes _, Nays _ CITY OF ORONO 1987 COMPENSATION ADJUSTMENT RECONSIDERATION CURRENT 1987 PROPOSED EFFECTIVE POSITION SALARY/HOURLY_RAr7E ADJUSTMENT DATE OF ADJUSTMENT MARKET_MIDPOINT Police Chief $41,350 $42,300 01/01/87 $42,228 Public Works/ 40,556 41,300 01/01/87 40,330 Acting Administrator Finance Director 39,645 40,500 31/01/87 35,900 Building/Zoning 34,341 35,800 01/01/87 33,510 Administrator City Clerk 25,022 26,000 01/01/87 27,830 Secretary/ 9.31 9.38 01/01/87 Deputy Clerk 9.98 09/04/87 9.57 Police Secretary 9.656 9.98 01/01/87 9.57 Dep. Treas/ 9.898 9.98 01/91/87 9.25 Acct. Clerk Bldg Inspector 11.043 11.60 09/04/87 12.88 Number of Personnel Adjusted 9 Total Personnel Strength 40 A RESOLUTION ESTABLISHING SALARIES FOR CITY EMPLOYEES FOR 1988 BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that initial salaries and wages for City employees be established as follows, effective January 1, 1988: NAME POSITION 1987 SALARY 1988 SALARY Mark Bernhard;:-, City Administrator S50,138.00 (5/1/88 Review) Dorothy Hallin City Clerk 26,000.00 $26,780.00 Melvin Kilbo :olice Chief 42,300.87 43,569.00 Gary Cheswick Police Lieutenant 35,794.56 36,868.00 Kurt Erickson Police Lieutenant 35,794.56 36,868.00 John Gerhardsun Public Works Director 41,300.25 42,539.00 Jack Brinkhaus Street/Utility Foreman 31,904.25 32,861.00 Thomas Kuehn Treas/Finance Director 40,500.00 41,715.00 Jeanne Mabusth Zoning Administrator 35,800.83 36,874.90 Michael Gaffron Asst. Zoning Administrator 29,355.00 30,326.00 Thomas Jacobs Building Inspector 29,355.00 30,326.00 Ronald Steffenhagen Golf Course Supt. 27,079.88 27,892.00 Theresa Naab Depty City Clerk/Admin Sec 9.98/Hr 10.28/Hr Sue Bobzine Police Secretary 9.98/Hr 10.28/Hr James Gregory Street Dept. HEO 12.966/Hr 13.355/Hr Steve Hansen Street Dept. LEO 11.641/Hr 11.990/Hr John Sass Street Dept. LEO 11.641/Hr 11.990/Hr Dale Skreen Street Dent. LEO 11.64i/Hr 11.990/Hr Wayne Quast Utility Mechanic 12.294/Hr 12.674/Hr Jerome Smith Utility Mechanic 12.305/Hr 12.674/Hr Charlotte Knutson Depty Treas/Account Clerk 9.98!1ir 10.28/Hr Robin Mikelson Finance Accounting Clerk 9.375/Hr 9.656/Hr Lyle Oman Field Inspector 11.60/fir 11.95/Hr Carol Hansing Asst. Police Secretary 7.630ir:- 7.859/11r Pati Peterson Recorder .660/Hr 7.890,'+7 Jamie Bosma Copy & File Clerk 6.400/fir 6.592/ i:- BE IT FURTHER RESOLVED, that mileage for City use of -)rivate cars on Cf'y business be reimhurseA at $.2(35 per mile. Adopted by the City Council of the City of nrono, Minnesota, at a regular meeting held December 14, 1987. A'[TEST: Dorothy M. fiallin, city CITY OF ORONU COMPENSATION 1987-88 I. Compensation Generally A. Internal Equity B. External Equity C. Compensation Determination D. "Suburban Municipal Compensation" II. Comparable worth A. Legislation B. State Employee Relations Department C. Factors D. Control Data Study 1) Participation 2) Occupational Groups 3) General Framework a. Tasks (700-1000) b. Time Spent c. Value 4) Position Analysis 5) Bench Mark Positions 6) Hierarchy E. Compensation vs Salary F. Market Data 1) Utilization 2) Bias G. System Transitions III. Orono Compensation A. 1985 Adjustments B. 1986 Comparable Worth Interim Adjustments C. Compensation Development 1) Internal Analysis Hierarchy 2) Graphing/Regression Analysis 3) Expected Performance/Compensaticn 4) Ciassification/Grouping 5) Progression to Expected 6) Cost of Living D. Adjustments 1) Below a. Length of Service b. Market C. Percentage Differnece 2) Above S0 4S 40 35 N 30 W Q 3 2S J cr 20 0 15 10 5 0 BROOKLYN PARK PAY EQUITY ANALYSIS ORIGINAL REGRESSION UNE i I ° ° ° 0 ° g x XK X. X 40 60 80 POINTS n MALE FEMALE 100 120 .0 J� i _s 20 1 1. 0 + 40 BROOKLYN PARK PAY EQUITY ANALYSIS 0,ADDED ,oEXEMPT tea: C, 60 100 POINTS 6 MALE x FEMALE 120 TO: Mayor and City Council `:A. FROM: Mark Bernhardson, City Administrato DATE: December 10, 1987 SUBJECT: 1988 Fee Schedule Attachments: A. Proposed Ordinance Amending 1987 Fees for 1988 B. Summary Ordinance of Changes ISSUE 1. Adjustment of fees in advance of the commencement of the 1988 fiscal year. 2. Adoption of Summary Ordinance for publication. INTRODUCTION - The City for the last couple years has revised its fee ordnance on an annual basis. Department heads take 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 1988 the attached fees represent our costs as we can best presently gauge them. Areas that have changes and/or additions are as follows: ZONING APPLICATIONS 1987 1988 CONDITIONAL USE PERMIT Land Alterations Clarification Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore Renewal Conditional Use Permit New 1/2 current (no change from original application) fee CONSTRUCTION PERMITS AND INSPECTION FEES BUILDING PERMIT RETAINING WALLS (in excess of 42" also New 30.00 multiple tiered walls that exceed 42") MECHANICAL, PERMIT Various (ltandardized Residential, Single Family & Duplex by Unit Type to reflect -furnace or boiler with flue cost/computer) -wood stove with flue -wood combination or add -on unit -fireplace with flue -central air conditioning -exhaust fans (bath, kitchen, attic, etc.) -solar space heating equipment -repairs and replacement of the above -fire sprinkler systems -fuel storage -gas line inspection high/low pressure Commercial, Industrial & Multi -Family Residential by Unit Type -residential type equipment -furnace, boilers, unit heaters, and makeup air units -central air conditioning -exhaust fans -refrigeration -fixed equipment with steam, hydraulic or compre.-;e- air system -kitchen exhaust vents -fuel storage SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems 2.00 per head/ 1st 50 heads .30 per head after initial 50 ALL C_ON_N_ECT_ION CHARGES (IF NOT PREVIOUSLY ASSESSED) BY DISTRICT - PROJECT ALL SANITARY SEWER CONNECTION CHARI.ES Various Various (If not previously assessed) reflecting cost of investment ALI, MUNICIPAL WATER CONNECTION CHARGES " (Ifnotpreviously assessed) ON -SITE SYSTEMS Outhouse Construction (New or replacement Permit fee Big Island Only) plan review based on valuation of project WELL PERMITS -Installation of new/Replacement Well 30.10 10.0c (covers abandonment of old well) -Well Abandonment (not conrurrent with New 30.0%1 instillation of nt-w/r#-placement 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 Conditional Use Permit unless approved as part of building permit. BURNING PERMITS For Each Reinspection New 20.001 LICENSES_ AND_MISCELLANEOUS_CHARGES IiOME OCCUI-ATION LICENSE: New 20.00 General Administrative Licenses_ -- Solicitation License 20.00 20.00 if over 10 solicators Sl/solicator $2.50 each 10.00 min General_ Administrative Documents ------ - --------------------- Reprint of Oversized Documents that have been microfilmed Building Plan Copies New Cost + 5.00 Tape Recording Duplication " Police De artment Administered Initial Investigation On-Sale/Off-Sale Liquor Clarification In state investigation Out state investigation Initial Investigation Non -Intoxicating Malt Liquor and wine Theater License (Annual) 300.00 Deleted Copy Service Copy from Microfiche File New 5.00 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES GOLF COURSE CHARGES - Effective Date 1988 Season Weekday - Before Noon 4.75 5.00 Weekend plus weekday - After Noon 5.25 5.50 League 4.75 5.00 It is anticipated staff will bring proposed changes for water and sewer to Council in January. ALTERNATIVES Fee Structure and Summary - 1. Adopt as presented 2. Amend 3. Leave 1987 rates in effect for 1988 by readoption of 1987. M<-eting Action - 1. Adopt as presented 2. Adopt as amended 3. Table RECOMMENDATION Issue �. �It is recommended that the fees be adopted as presented as they reflect the costs of performing the services. Issue 2. It is recommended that the Council adopt the summary for publication. PROPOSED MOTION - Moved by , seconded by , that the City Council adopt Attachment A as its fee schedule for 1988 and futher adopt Attachm . B as the Summary Ordinance for r,.,hlication. Ayes __, Nays __ DIRECTORY FOR 1968 FEE SCHEDULE Copy Charges Page Administration . . 11 Accident Reports . 13 Building Plan Copies . . 11 Copy Microfiche File - PD . 13 Copy Service - Police Dept . 13 Reprint Oversized Documents oil Microfilm . 11 Tape Recording Duplication . 11 Connection Charges 7 Documents Special Assessment Searches. 11 Zoning Dept Documents. 11 Realtors Listing Info. 11 False Alarm User Fee. . 13 Golf Course Rates. . 15 Inspections Special Inspection Charges . 10 Contractual Inspection Serv. 10 Licenses and miscellaneous After -the -fact Fees 3 Amusement Devices . . 1.3 Animal Impound Fees . 1.2 Beer, Wine & Liquor License. 12 Commercial Marina License . 10 Cigarette License . . 11 Dog License . 12 Dance (Publi ; License . 13 Gambling/Raffle License . . 11 Garbage Haulers License . . 11 Home Occupation License . . 11 Joint Use Dock License . 11 Kennel License . 12 Sf:ptic Installers License . 11 Solicitation License . . 11 Temp Trailer/Building IA c. . 11 Maps For Sale . . 11 Pualic Works Supplies & services Driveway Culvert— . Driveway/Curb Cut Permit:- l� Permits Page After -the -tact Fr'es 3 Annual Service Charge (Septic) 8 Building Permit Fees. 5 Burning Permit Fee 10 Cert. of Occupancy 5 Demolition Permit Fee 5 Docks (Residential) 5 Fire Protection . 10 Firearms Permit Fee . 0 . 13 Fireworks Permit Fee. . 13 Grading, Excavating, Filling . 9 Large Assembly Permits . . 13 Mechanical Permit Fees . 5 Move/Lift Building Permit Fee. 9 Municipal Hookup (Sewer/Water) 6 On -Site Systems (Septic) 8 Outhouse Construction 8 Parades & Special Events . 13 Plumbing Permit 5 Retaining Walls 5 Sprinkler Systems - Commercial 6 Trapping Permit (limited) . . 13 Well Permit Fee 9 Water Meter Fees . 6 Services Finger -printing (Police) 13 Water Turn -On Charge. 14 Water Turn -Off Charg, 14 Signs Street Signs (Pub'_ ) 16 Tcrnporary & Perm.in,. 9 Temp. "No Parking" i 1? Temp. "No Parking" (P.W.j 16 Utility Rate Charges . 14 Zoning Applications Af ter -the -fact Feet 3 Ar endments 2 Appeals to Plannir+g Comm 2 Comercial Site Plan. Conditional Use Permit Fees 1 n�lustri�al Reverue Bond Appl. 2 Park Dedication Fees. 4 Rezoning Application Fee flip -Rap Applicr tion Fee. 2 Spec>>1 Improv ,menu Appl ,subdivision Al-nlication r,:,v 1 ,urch-,rkiv for ;tiff rxhen_-,,. '.',ic,+t i o>n Application Vt Vnr iancv Ahp. icat icon F"­ I ORDINANCE 110. , SECOND SERIES AN ORDINANCE ADOPTING_THE 1988 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCL•: 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. ZONING APPLICATIONS All fees are application —fees and are non-refundable after st.-,r' 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) REN*.:WAL VARIANCE $ 75.00 10.06, Subd 3 (D) (No change from original application) CONDITIONAL USE PERMIT (One charge per project) 10.09, Subd 3 Residential Acce:=sor,- Use (Animals, etc.) $100.00 Institutional Use (School, Church, etc.) $151.00 Duplex Credit (per builiing) $150.00 Commercial/Industrial Usc 5250.00 Land Alteration: $200.00 + permit Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore P'41) 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 5150.00 per acre (minimum $350.00) Renewal Conditional Use Permit 1 '2 ('ur rent Fee (no change from original application) After -the -Fact Fees COMMERCIAL SITE PLAN SUBDIVISION Sketch Plan (Class I, II, & III) Preliminary Revi^w (Class I 6 II Subdivisions) Preliminary Review (Class 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 11.10,Subd 10 (C� ($360/3 lots] $380/4 lots) ZONING APPLICATIONS (CONT.) Application_Type Final Plat Review (Class III) Filing Fees: a) Plat only b) Plat + Easements & Covenant 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 —Sect ion $150.00 +Special Legal/Engineering barges 11.10, Subd 17(A)(9 1.00 11.10, Subd 17(A)(1 10.00 S 50.00 per Section 10.11 benefitting property ($250.00 rrinimum per application) $ 50.00 Section 10.11 $150.00 Section 10.11 $250.00 Section 13.11 $250.00 Section 1_0.11 SPECIAL IMPROVEME•:NTS Section 11.12, Subd 4 Non-refundable charges for City Engineer's review of applications and design drawing, including 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 Proposed Storm Sewer System (excluding culverts) On -Site System - Site Evaluation Review (applicable to rural subdivision applications) RIP -RAP Staff Review (rormal. rip -rap) Unusual Rip -Rap: a) New installation b) Repair existing APPF.AF, TO PLANNING COMMISSION (of Administrative decision) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: $600.00 plus 500/lineal foot $900.00 plus 50Q/lineal foot $900.09 $250.00 plus $5.00 per stub $250.00 plus $5.00 p.2r stub $200.00 30.00 per new lot proposed for on -site No Charge $100.00 + CUP review Staff permit - $100.00 $100.00 10.06, Subd 3(1)) 0.1% of project valuation ($250.00 minimum) plus 55,000.00 deposit for legal,' administrative expenses ZONING APPLICATIONS (CONT.) A221ication_TY2e Applicable Fee Code _Section SURCHARGE, FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: Professional Time Clerical Time Legal/Engineering Consultants Mileage/Copies/Postage/Etc. Section 10.11 $ 25.00/hour $ 15.00/hour Actual Billed Cost Actual Cost AFTER -THE -FACT APPLICATION INVESTIGATION FEES (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 permits 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 setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after -the -fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After -the -fact Investigation Fee Amount: Equal to and in iddition to the basic fee amount (total fee is twice the basic fee amount) Res. 1306 ZONING A1fPt,ICATIONS (CONT. ) PARK DEDICATION FEES Section 11.62, Subd 1 Cash contributions in lieu of land for use in the acquisition, development or maintenance cE public parks, playgrounds, storm water holding areas and debt retirement in connec+;ion with land previously acquired for such public purposes. Residential Development - Cash contributions dedicated shall be according to the following tat -le: 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 oL less $ 50 $100 $ 250 $150 $0 2.00 to 4.99 .'" to .21 150 200 500 300 0 1.00 to 1.99 1 .51 350 400 1000 600 0 .50 to .99 11.91. 39? 440 1100 660 0 .33 to .49 3.°!9 to 2.0i 434 480 1200 720 0 .25 to .32 4.00 to 3.01 471 520 1300 780 0 .16 to .24 6.00 to 4.01 1 560 1400 840 0 .15 to less 6.01 or more 600 i500 900 0 K__ey A Single Family Residence. Existing vacant Lot: Fe, to be pa' with building permit for new :•es:dence on previously plarted proper or; if vacant land is subdivided, fee to be paid with Subdivision for the one "existing" residential lot. B Single Family Residence, New Lot: Fee to be paid wi :h 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 bu)lding (duplex is defined as two attache' single family residential units). Should ar Fisting single family residence be converted to duplex, the fee s' be one half cf the scheOule atn-ount due with the building P-1- 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 DEDICATION FEES Commercial or Industrial Development - Cash contributions dedicated shall be at the rate of $500.00 per acre of gross land ,rea, to be paid with building permit for principal structure or at the -.ime of subdivision, whichever occurs first. e 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 1982 UBC/SAC Standard Schedule) (per 1982 UBC/SBC Standard Schedule) 65% of Building Permit Fee (per Current I.C.B.O. Buildina Standards/Building Valuation Data) $ 30.00 RETAINING WALLS (in exc(rs5 of 42" also $ 30.00 minimum multiple tiered walls that exceed 42") (per 1982 UBC Standard Schedule) DOCKS - RESIDENTIAL DEMOLITION PERMIT F 4ncipal Use .essory Use PLUMBING PERMIT Mail -in postage & handling charge MECHANICAL PERMIT $ 30.00 (Ord. 216) S 30.00 S 25.10 $ 30.00 minimum per project $ 4.00/fixture $ 2.00/fixture reset $ 1.50 Minimum Fee for any Mechanical Permit $ 30.00 per project Mail -in postage & handling charge $ 1.51 Residential, Single_Family_&_Duplex_by_Unit_Type -furnace or boiier wits► flue $ 15.00 each unit -wood stove with flue $ 15.00 each unit -wood combination or add -on unit $ 15.00 each ur.;t -fireplace with flue $ 15.00 each nit -central air conditioning $ 15.00 ea& unit -exhaust fans (bath, kitchen, attic, etc.) $ 15.00 pec 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 -fire sprinkler systems $ 15.00 per project -fuel storage $ 15.00 permanent or temporary -gas line inspection high/low pressure c 15.00 5 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section _ MECHANICAL PERMITS (continued) Commercial, Industrial and _multi -Family _Residential by_Unit_Ty2e -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 sprinkler 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 $ 30.00 Water $ 30.00 5/8" meter S 95.00 3/4" meter $130.00 larger meter quote basis Mai] -in postage & handling charge 1.50 (sewer and water permits only) 6 ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed) By -District ---Project 1963 ST-lA, LS-lA or ST1-B, LS1-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 Minnetonka 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. S225.00 + $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. S225.03 + $3,125.47 per unit + 19.20 per 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 $9,364.29 per unit $879.45 per unit An additional fee i:; ,charged for properties benefitting from 1984 forcemain and lift station #7 upgrade, as follows (see map for affected areas): 1. Existing Properties/Increase 2. New Bldgs Replacing Existing Bldgs Initital #6 Charge By Pass Previously Previously Paid Paid Previously Previously Paid Paid #7 Forcema_in $357.11 If usage increases from existing $357.11 3. New Residential W/Existit,y Previously Previously $1,034.02 rlid Paid 4. New Residential Without Stun 5225.01 $159.90 $1,034.02 5. Freshwater Biological 5225.00 $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 boundaries 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 4ATFR CONNECTION CHARGES (If not previously assessed) By_Distr1ct___I,ro1ect 1967 LW-1 Highway 12/Crystal Bay Road 1969 LW-2 Chevy Chase 1970 LW-1 Navarre Residential 1970 LW-1 Navarre Commerical 1982-1A Navarro ON -SITE SYSTEMS Design Review Fees 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 per unit (Ord. 210) Included with permit fees $ 30.00/per new lot $ 30.00 $ 50.00 $ 75.06 + $15.00 per each inspection over 3 $100.00 + $20.00 per each inspection over 4 c 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 88 interest for unpaid charges certified Section 12.30, Subd 8(C) 8 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 bui 'ing permit. Applicable Fee Code -Sect i on (Ord. 221) $ 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 1935 UBC/SBC Standard Schedule) BUILDING MOVING OR LIFTING (Ord. 227) Fees for this activity are in_ addition _to_required_buildinq_or_ demolition permits. Fees and any necessary surcharges are required to pay costs of bullding 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 $ 75.03 (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/max. 45' long) -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) CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) ---------- - Applicable Permit -Type Fee code -section SPECIAL INSPECTION CHARGES Site Inspection withr:t permit $ 30.00 (when called by owr,,-r) Inspection surcharge for work or $ 30.00 per trip + application on Big Island or boat rental Deering Island Reinspection fee after failure to comply S 30.00 per ,rip + 30.00 per with Building or Zoning Code Correction hour after 1st hour Notice - 3rd trip Inspections outside business hours S 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 Alarm Per UBC Schedule Plan Review Fee 65% of permit fee BURNING PERMITS Up to 5 times per year No Charge For Fach Reinspection $20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) CONTRACTUAL INSPECTION SERVI('E Per Contract Monthly Retainer Fee $ 25.00 por month Inspection Charge (qtr hr increments) $ 20.00 ,.-r hour (mir. $10 1st inspection of each day) Plan Review Charge SBC/UBC Schedule Clerical Fee (as specified in contract) $ 10.00 LICENSES -&-MISCELLANEOUS CHARGES Zonin De artment A:ministered COMMERCIAL MARINA LICENSE Application Fee (initial) $300.00 4 slip & boat fees Renewal Application & Inspection Fee $200.00 + slip & boat fees (annual) plus: -each slip on water 2.00 -each dry slip inside or in racks $ 2.10 -each boat unit on land S 1.00 -late fee $150.00 10 LICENSES AND MISCELLANEOUS CHARGES (CONT.) Application -Type JOINT USE DOCK LICENSE Application Fee (initial) Renewal Application Fee Plus each slip Late Fee SEPTIC INSTALLERS LICENSE•' - Annual GARBAGE HAULER LICENSE - flat rate - pe hauler - transfer fee IIOME OCCUPATION LICENSE PUBLIC DUMP LICENSE•. TEMPORARY TRAILERS & BUILDINGS LICENSE Zonin De art.ment Administered -----`�---P--_------------------ ZONING DEPARTMENT DOCUMENTS Comprehensive GL:de Plan (1980) Municipal Code Book Individual Chapters of Municipal Corte Chapter 1-9, 12 Chapter 10 Chapter 11 On -Site Design Manual City Maps Building & Planning publications General Administrative Licenses Applic; Fee Code-S. ion 50.00 S 20.00 2.00 S 25.00 $ 25.00 $ 30.00 $ 15.00/truck $ 30.00 � 20.00 5.40 None Permitted $ 110.00 $ 30.00 $ 75.00 with Binder (2 vol . ) S 50.00 without Binder " S 50.00 with Binder (1 vol.) S .25 per page S 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 S 20.00 5.30 Up to 10 Solicitors - $1.00 each additional solicitor in Orono General Administrative _________ Documents LlstTng Information Assessment Search Copy Service (for publ'c City records only) -first copy -additional copies Individual copies of Ordinances (1 copy) Reprint of Oversized Documents that have been microfilmed Building Plan Copies and/or Tate Recording Duplication $ 5.00 S 10.00/parcel $ 1.00 .25 each No Charge $ 2.50 each/ Minimum Charge $10.00 Cost of Copying, Messenger :service & Min. Clerical Fee of 55.00 (entire amount to be paid upon request) LICENSES AND MISCELLANEOUS CHARGES (CONT.) --------------------------- -- Applicable Ateejjqation_TY2e Fee Code Section D s & Kennels DOG LICENSES 9.12 Biannual License (issued in odd years) $ 15.00 Annual License (issued in even years only) $ 7.50 KENNEL LICENSES 5.36 Commercial Application & Inspection Fee $150.00 (Annual) Residential Application & Inspection Fee $ 25.00 (Annual) NOTE: Dogs kept in resiAF 4al kennels must be individually licensed. Residential kerine: . 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, p.,yable to kennel) ANIMALS AT LARGE (Other than dogs) First Offense Second Offense Third Offense Trace & Catch Animal Trailer Charge CARE OF IMPOUNDED ANIMAL Police De artment Administered 9.13 S 20.00 35.00 $ 50.00 $ 20.00/hour $ 20.00 plus .25 mile (total distance) Actual Cost BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liyuor$50t; 10 per License Col cted at Application In state investigation Actual cost up to $10,000 Out state investigation -actual cost Initial Investigation-Beer/wine 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 Licence (weekday) (Sunday) Temporary Set-up Permit (one day'i Temporary Beer Permit (one day) $150.00/person Res. 1306 S150.00 4.30 S5,000.00 $4,000.00 4.39 $750.00 4.40 $ 25.00 4.20 $ 75.00 4.20 $100.00 4.60 $101.90 4.50 $200.00 4.50 $ 25.00/each 4.61 S 15.00/each 4.21 LICENSES AND MlgCELLANEOUS CHARGES (CONT.) --"` --- _--' --` ------ A,•a l i cable Application_TY�•� Fee Code Section Police De artment Administered AMUSEMENT DEVICE LICENSES 5.20 Per Establishment (Annual) $100.00 plus machine fee Per Machine Fee S 25.00 each PUBLIC DANCE LICENSE (Annual) $100.00 5.21 (Individual Permit) $ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 .IREWORKS PERMIT 10.00 9.10 FIREARMS DISCHARGE PERMIT OCCASIONAL '0.10 9.10 (limited use) Annual (Club Only) $ 25.00 LIMITED TRAPPING PERMIT $ 10.00 9.11 Ord. 232 Ord. 243 PERMIT FOR PARADES & SPECIAL EVENTS $ 2_.00 6.08 FALSE ALARM USER FEES Fire' 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year S 50.00 each -all (4-10 total) Next 5 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 S 10.00/application (Citizenship No Charge) COP 'RVIrE Fi r-c Two $ 3.00 Additional Copies $ 0.25 each COPY OF ACCIDENT REPORTS 3.00 each COPY FROM MICROFICHE FILL First Two Copiec S 5.00 Additional. Copies S .25 each "NO PARKING ORDER OF POLT:'t'" ^r%PFR SI(,NS ; 1.25 each (no lathe included, 13 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 #1 Area #2 Area #3 MUNICIPAL WATER RATES Navarre Lonq_Lake Wayza_, Billing & Ready to Serve Chg $12.80/qtr $6.70/qtr $5.35/qtr Water Usage Rate $ 1.17/1000 gal $2.50/100r' -^1 $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 8% on unpaid water/sewer bills certified. Water Turn -On Water Turn -Off $15.00 $15.00 Water Sy ;tem Ret::, i r/Replacement if damage caused by property owner: Labor - Currer* Hourly Rate Parts - At 14 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) GOLF COURSE CHARGES - Effective date 1988 Season Fee Monday thru Friday (excluding holidays) Begin Play Before 12:00 Noon 1st Nine Holes $ 5.00 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 (Offer 60 years old) Begin Play Before 12:00 Noon - Weekdays 1st Nine Holes $ 3.50 2nd Nine Hales 5 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 moles $ 7.00 2nd Nine Holes $ 6.50 Pull Carts - Per Round $ .75 Golf Clubs - Per Round $ 2.00 Conces^ions As r nE ted w PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) PUBLIC WORKS SUPPLIES & 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 January 4, 1988. Adopted by the City Council of the City of Orono on this ---- day of 1987. ATTES'.: -- ------------------------------ ----------- --y------------ M. Hallin, City Clerk James R. Gratek Ma or rage 15 of 15 16 12187.1 ORDINANCE NUMBER , SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of ordinance Number , Second Series" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council futher determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. OFFICIAL SUMMARY OF ORDINANCE NUMBER , SECOND SERIES ORDINANCE NO. ___, SECOND SERIES AN ORDINANCE ADOPTING THE 1988 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 28, SECOND SERIES The following is the official summary of Ordinance Number , Second Series approved by the City Council of tho City of Oruro on December 14, 1987. The following sections have changes, additions and/or deletions: ZONING APPLICATIONS CONDITIONAL USE PERMIT 1987 1988 Land Alterations Clarification Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75' lakeshore Renewal Conditional Use Permit New 1/2 current (no change from original application) fee CONSTRUCTION PERMITS AND INSPECTION_ FEES BUILDING PERMIT RETAINING WALLS (in excess of 42" also New multiple tiered walls that exceed 42") MECHANICAL PERMIT Various Residential, Single Family & Duplex by Unit Type -furnace or boiler with flue -wood stove with f 1 ,.ie -wood combination or add -on unit -fireplace with flue -central air conditioning -exhaust fans (bath, kitchen, attic, etc.) -solar space heating equipment -repairs and replacement of the above -fire sprinkler syFtems -fuel storage -gas line inspection high/low pressure 30.00 (Standardized to reflect cost/computer) Commercial, Industrial & Multi -Family Residential by Unit Type -residential type equipment -furnace, boilers, unit heaters, and makeup air units -central air conditioning -exhaust fans -refrigeration -fixed equipment with steam, hydraulic or compressed air system -kitchen exhaust vents -fuel storage SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems 2.00 per head/ 1st 50 heads .30 per head after initial 50 ALL CONNECTION CHARGES (IF NOT PREVIOUSLY ASSESSED) BY DISTRICT - PROJECT ALL SANITARY SEWER CONNECTION CHARGES Various Various (If not previously assessed) reflecting cost of investment ALL MUNICIPAL WATER CONNECTION CHARGES (Ifnotpreviously assessed) ON -SITE SYSTEMS Outhouse Construction (New or replacement Permit fee & Big Island Only) plan review based on valuation of project WELL PERMITS -Installation of new/Replacement Well 30.00 30.00 (covers abandonment of old well) -Well Abandonment (not concurrent with New 30.00 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 Corl: tional Use Permit unless approved as part of building permit. BURNING PERMITS For Each Reinspection New 20.00 LICENSES AND MISCELLANEOUS CHARGES HOME OCCUPATION LICENSE General Administrative Licenses Solicitation_ Licensee_ General _Administrative __Documents Reprint of OvPrsized microfilmed Building Plan Copies Tape Recording Duplication New 20.00 20.00 20.00 if over 10 solicators $1/solicator $2.50 each 10.00 min Documents that have been New Cost + 5.00 n M Police_Department_Administered Initial Investigation On-Sale/Off-Sale Liquor Clarification In state investigation Out state investigation Initial Investigation Non -Intoxicating Malt Liquor and Wine Theater License (Annual) 300.00 Deleted Copy Service Copy from Microfiche File New 5.00 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES GOLF COURSE CHARGES - Effective Date 1988 Season Weekday - Before Noon 4.75 5.00 Weekend plus weekday - After Noon 5.25 5.50 League 4.75 5.00 A printed copy of the 1988 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk. This Ordinance becomes effective the week of January 4, 1988. Adopted by the City Council of the City of 0.ono on this 14th day of December, 1987, by a vote of ____ ayes and nays. James R. rrabek, Rayor- ATTEST: Dorothy M. Haiiin, City Clerk 12987.6 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato DATE: December 9, 1987 SUBJECT: Ordinance Amendment/Chapter 12/Quality of Fill Materials Attachme!:t: A. Proposed Ordinance ISSJE - Adoption of an ordinance amendment that would regulate the -type of fill that is permitted to be used in the community. v;-rRODUCTIC . - In the past the fi 11 that has general ly been used Tn the community for projects has been either dirt or granual materials which have not been contaminated with construction materialc etc. This however is changing and the staff realizes City ordinances currently do not govern the type fill that is required. Staff has reviewed the situation a possiblity for control would be through the zoning ordinance. While eventually some changes in that ordinance to "cross reference" the code, it could require up to two months to amend that ordinance. in the meantime this is an appropriate way to amend the ordinance and will accomplish the purpose immediately. ALTERNATIVES - Policy - A. Accept the ordinance as presented. B. Amend the ordinance to include items of concern the Council. C. Rejection of any governance over the type of fill. ACTION A. Adoption of the amendment as presented or amended. B. Table for further information. C. Not adopt or table the ordinance amendment. RECOMMENDATION_ - It is recommended that the ordinance be adopted as+ presented and that the staff would then seek to insert coordinating language it the zoning chapter in the upcoming months. PROPOSED MOTION - Moved by _ seconded by , that the Council adopt Ordinance Amendment , Second Series to Chapter 12 relatinq to the quality of fi 1_1 that can be used in the community without appropriate permits. Ayes _-, Nays __ cc: Jeanne Mahusth, 7oning Administrator ORDINANCE NO. , SECOND SERIES AN ORDINANCE AMENDING. SECTION 12 OF ORDIKAIiCE NO. 12 ADOPTED APRIL 11, 1984 AND ENTITLED •AN ORDINANCE ADDING SECTION 12.09 CLEAN FILL" The City Council of *he City of Orono ordains: Section 12.09 Clean Fill: Subdivision 1. Clean fill shal' Se all native soils as described in the Unified Soils Classific..tion System. Organic, manmade and reprocessed materials, topsoil., and rocks larger than 0.25 cubic yards (2.9' dim.) shall not be considered clean fill. Subdivision 2. Land alterations invc..Lying filling and grading activates, whether requiring permits or not, shall be performed with clean fill only, as described in Subdivision 1. This ordinance becomes effective upon publication. Passed by the Council the 14th day of December, 1987. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk Published in the Laker and Pioneer Newspapers on the day of December, 1987. 12987.4 A !'r�--sNG TO: Mayor and City Council =yj M� FROM: Mark Bernhardson, City Administratorl'� DATE: December 11, 1987 SUBJECT: 1988 Liquor License - Non -Intoxicating Malt Liquor License Approvals Attachment: A. Off -Sale Liquor - Navarre Liquors Inc. B. Set -Up Permit - Spring Hill Center C. Set -Up Permit/On-Sale & Off -Sale Non - Intoxicating Malt Liquor - Navarre Lanes D. Club - Wayzata Country Club E. Off -Sale Non -Intoxicating Malt Liquor - Navarre Auto - New License F. On -Sale Liquor - Jimmie's Lounge G. Orono Police ICR 87004294 Dated 8/6/87 H. Ordinance 4.02, 4.06 and 4.16 ISSUE - 1. Approval of the renewal ur all licenses for which there has been no demonstrated problems with the ongoing license (A - D). 2. Setting public hearing for a new license application (E). 3. Review of license and possible approval with condition of licenses where there have been possible infractions of state law and this licenr 'inance. (F) INTRODUCTION - I ly at the end of each year the City routinely adopts-f fquor 1 i. that had been in force for the previous year and for which t, have been no problams. The bulk of the applications fall. this catagory. There are however at this years end a request for ac. additional non -intoxicating off -sale license at the revamped Navarre Auto Service. In addition there is an after cl-sing charge against Jimmie's Lounge which resulted in a guilty plea nn 11/24/87 by Jimmie's Lov ge for which the lounge was fined $300 of which $275 was stayed. Not_--e of the plea was received by the City on 12/10/87. DISCUSSION - Issue 2. New Licenses - As noted in Attachment ' Navarre Auto has requested an uff-sale no --intoxicating malt liquor for the upgraded premises. The ordi ce requires a public hearing on a new license application. Issue 3. Pending Violation - As noted in Attachment c; the City has prosecuted an after hours violation against an employee of Jimmie's Lounge which occurred on August 6, 1987. As noted in the report the allegation is that the individuals were seen in the establishment at approximately 2:10 a.m. having let one of the four people out. When the off" er gained access to the premise7 there were 1 still alcoholic beverages sitting -n tables. It was indicated however, that those were left over from :losing time and had just not been cl.eanel up, indicating no consa Dtion was going on. The applicable section in Attachment H is Section 4.16. Under the ord i nan :e Section 4.06 the City may issue the l iconse with conditions on it. ALTE- YPI` " A. Is,-,t• icensin Alterrativ_es For issues the Cr,e-following op is in rclationshij licen: a-, t,Lc-�--,ited; 2. : subject to conditions; 3. . Ject. B. Meetin Actions 1. Approval as presented; 2. Approval as amended; 3. Table any and all applications to either a special meeting or to the regular meeting January 11, 1988. The act of tabling any of these license applications past January 1, 1960 would necessitate the individuals cease liquor sales until such time as the Council did consider the application.) 4. Issuance of a conditional license followed by a public hearing of the violation at an appropriate time in 1983. Issue 2. Public_Hearir.,_Action 1. Set date. 2. Table action RECOMMENDATION - Issue 1. It is recommended that Counci' •enL 1988 d'_l licenses where there are no demonstrated p blems. Issue 2. it Is recommended that the Council sched . 1 a p,. 1 is S e- 5 ir 1 n-4 f o .- its .7anuary 11, 1488 Counci l meet inq for consideration of the application for Navarre Auto. Issue ). c is recommended that the license for Jimmiels Lounge be approved for 1988 on a condition that no same or similar violat' s are ajudiCIted following this conditional approval. This is the f..st closing hours violation that has been prosecuted on the premi-• since 1981. Regardless of whether this violation was there or -t the Counci t Iways does have thr. opportunity undet Section 4.02 Subd 4(h) to susperc, or revoke a l is^nse regardless of any prior violations. TI : rec •mendation at this point for issuance is in light of the fact that these is no indication at this point that the licensee himsel , was aware of this violation occurring or whethor this wa-. an ongoing practice of license the --stabl ishment. 2 0 PROPOSED MOTION - Moved by __, seconded by __. 0:1 the ,unci 1 undertake the following items: A. '',pproval of licenses for those estab]-hments listed in Attachments N through D. That the Council establish a public hearing for January 11, 1988 for a non-intoxicatir, malt liquor license at Navarre Auto, C. That the liyuoc license for Jimmie's Lounge be ,approved on the conditions dined abrve. Ayes , Nays __* Rc":cipt No. _ Uate Received By CITY OF ORONO APPLICATION FOR OFF ':ALE INTOXICATING AND ON SIDLE INTOXICA". NG LIQUOF: LICENSE PART 1 - General Information Directions: This form na be filed out in duplicate with typewriter or by printing 3 , ink. If tht: api ­.:ition is by a natural person, by such perst..; if by a corixiat-on, by an officer, thereof; if by a partnE.-ship, by one of the partners; if by an ur4 r:or- porated associaticn, by the manager or managing officer ra 1. Name of ipli '-it (name of individual, partnership, ^orporation or assoc" ' 1) Y'j Q__' I 2. Busint...:, Name r Eusiness Ad- 714- u '�1___ IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME DR STYLE OTHER THAN F11, INDIVIDUAL NAME OF THE APPLICA!" .TTACH z COPIES OF THE TRi "A!4E CERTIFIC.-TE, AS REQUIRED b_ CHAPTER 333, VINNESOTA STAT, ., CF.R:'IFIED L_' THr' SECRETARY OF STATE OFFIC 3. Type of AFplic:--nt: Natural Pe --son (Ind-._. _ual) vartncrship �Ccrporation _ Associ. on nthcr 4,(a) If the applicant is a natural person (individual), state ful,. n-me, residence and bus!,-ess address zty ' tea4phone numbers. True P:3rr:t? Residence Aduress_ Br iners hddress Phone_____ Phone (b) full name, rcgidr r.r'­ adcircrs an,: t�,lephonc• number of agent charc:e of the individual owners prc -144 _ies at .-,uch ti.mr a: the owner nb-ent. Truc Nar., Part 1 - General Information (Of i Sale ..:tc,xjcati.tjr}) 4.(b) continuod Residence Address Phone (c) The full name, residence address and telephone number of the assist- ant manager. Assistant Manager Residence Address Phone (A Paxt 11 - Personal Hi.-ory form must be tided out and attached for each of the individuals in 4a, 4b, and 4c.) 5.(a) If the applicant is a partnership, state full names, r:.•sidence and business addresses, telephone nu._;ers, and interest of each member of the partnership. Full Name Interest Residence lusiness Address Phone Phone Full Name Interest % Residence Phone Business Address Phone . Full Name Interest $ ikmsidence Phone Business Address Full Nare Phone Interest % Residence Phone Business Phone (b` The mana5i.ng pF.rtner will be: Name Phone Address (c) The full Name, resider,^e address and telephone number of the as;zt- ant manager and any othei indivieual with managem, it t respc..isibilic "es of the partnership's preiriscc to be licensed: Full Name Phone Residence Address -2- Part .1 - General I:iformation (Off Saln InLoxicatinct) 5.(c) continued Full Nan,c Residence Address Full Name Phone ?hone (A Part 11 - Personal History form must be filled out and at- tached for each of the individuals in 5a, 5b, and 5c.) If the application is for a partnership, attach two copies of the Partner- ship Agreement and two copies of the Certificate of Trade Name under pro- visions of Chapter 3" Minnesota Statutes, certified by the Clerk of Dis- trict Court. 6.(a) If the applicant is a corporation or association, give the name of corporation or association, metropolitan address and phone number, and hom:!� c,ffice address and phone number. I State of Incorpor ion Name�i>y A'c��- L.►��br�QJ C. or Association ' Metropolitan Address *;Z�L�t C (street) (City) (State) (zip) Metropolitan Phone Zv `.1L r-�<KV 0 area code and number (b) The full names, residences and telephone numbers of ail officers of s id corporation or association. ,1 Phone G`�L rresident_:��%F_"_Z.ZN� (aa code and No.) Residence hddress cc (street) (City) tate) (zip) Vice President Phone - - 'area code and No.) Residence Address_ (street) _ (city) (State) (zip) Secretary _Phon.e (-rca coce and No.) Residence Address +Street) _ (Ci— tY- (State) (ZiP Tre-:,urer Phone ___ ( area coda. and 2Yo . ) Residence ass Street�i (Cit�1 ) (zip) State ip - 3- Part 1 - General Information (Ulf Sale Intoxication) ;.lc) The fall names, residence addresses, and telephone numbers of all persons who singly or together with their spouse and his or her par- ents, Mothers, sisters or children, who own or control any interest inIsaid corporation or association. Full ::zme _Interest Residepce Address Phone (street) (City) (State) zip)— area code & No.) Full Name Intc,est _ Residence Address Phone (street) (City) (State zip area code & Nj.) Full Name Interest kesidence Address hone (street) (City) (State) (zip) (area code & No.) Full Name Interest Residence Phone (street) (City) (State) (zip) area code & No.) (d) The full name, residence addresses and telephone numbers of the mana- ger, and any other individual with management responsibilities. Full Name Phone area code & No.) Residence Address (street) (City) (State) (zip) Full Name Phone (area code & No.) Residence Address (:,treet) (City) (State) (zip) Full Na:ie Phone (area code & No.) Residence Address sheet (City) State zip (:: Part II - Personal History form must be filled out and attached iur individuals listed in 6b, 6c, and 6d.) S ATTACH: P\\ O j 5�' IANI ©J9 �j�uo(�4 1. Two copies of the Certificate of Incorporation 2. Three copies of the Articles of Incorporr:t-ion or Association Ag- reement. 3. Three copies of the By -Laws to the application:. 4. Foriegn Corporations shall attach two Certificate of Authority, as described in M.S.A. Chapter 303. 5. Three copies of the Lease Agreement. 7. Do you hold an interest of ten percent or more in any other liquor cstablis"Iment in the State of Minnesota? Yes No ye:,git,e name of establishment and location. Un L;ale anu Part'l General Information (Off Sale Intoxicating) 7. (continued) \ Dame of Establish nent • � 1 Address of Establishment (street) (City) (State) (zip) 8. List warehouse locations in which you store liquor off the licensed premesis, both in Orono and any other municipality. 9. State the exact legal description to be licensed. (Applicant must also submit a plot plan showing dimensions, location of buildings, street access, parking facilities or the closest point on a lot occupied by a public school.) 10. How are the premises zon sunder the Orono zoning ordinance? 11. State full names, residences, and business addresses and telephone numbers of the owner or owners of '.he building wherein the licensed business wil be located, if the owner is other than the applicant. Full Name \ tA -UA. Phone -�6 �► Residence Address ��� ��. �'�.�� �- r 1 • street City State (zip ]code) Business Address Full Name Phone_ Residence Address _ (street) (City) (State) (zip co e Business Address _ 12. t•There the building is owned by other than applicant, state in summary the conditions of lease arrangement, such as term of lease, MOr.thly rental, renewal privileges, etc. -9;- lll• ullu Part 1 General Information (off Sale Intoxicating) 13. If the building is owned by the individual applicant, partnership, corporation or association, state: (a)Date Purchase (b)Name and address of person purchased from (c)Purchase price Amount of down payment _ (d)Who currently holds the mortgage - Name and Address (e)Amount of contract for deed (f)Wso currently holds contract for deed - Name and Address (g)Term of mortgage (h)Term of contract for deed (i)Rate of interest on mortgage (j)Rate of interest on contract for deed (k)St, the monthly payment at which the mortgage and/or contract for deed is b-ing liquidated (1)Are the payments on the mortgage and/or contract for deed up to date? 14. (a)State the total cost of assets acquired to start fixtures, this business furniture, incl-.ding the business premesis, if purchased, capital. prepaid equipment, merchandise for resale, cash for working at- insurance and any other assets. (If acquired from Fredecessor, tach purchase agre4mLlnt. ) Part 1 - General Information (Off Sale Intoxicating) 14.- (b)Of the above cost of assets acquired, state the amount that is provided by the persons investing in this business. (Attach s-ipporting Prod of the source of such money. 15. Give full names, addresses, telephone numbers of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, or stock in trade. State the nature of the interest, amount thereof, and the terms for payment or other reimbursement. (This shall include, but not be limited to any lessees, lessors, mortgagors, lendors, lien holders. trustees, trustors, and persons who have cosigned notes or otherwise loaned, pledged, or extended security for an indebtedness of the applicant.) Full Name �h4_, �5�'p�(��AA Phone L!�!�- Address Nat f Interest, etc.^ Full Name Phone Address Nature of interest, etc. Full Name Phone Address Nature of Interest, etc. Full Name Address Phone Nature of Interest, etc. -7- 1 - la(3lC1ill 1111ULLIdL1u11 kk-LI ;)d1C: 1IILvX1C-AL111t1) IF T41IS APPLICATION IS FOR PRUf.lISES EIT11F11 PLANTIED OR UNDER CO!1STn1i1:'I'ION OR UNDERGOING SUBSTANTIAL AU"E.RATION, THE APPLICATION SHALT 7. •1� ^'T. ?�II:D BY A SET OF PRELIMINARY PLANS S}1OWING THE DESIG?i OF Till'•: PRONO:tED PttFMISES TO BE LICENSED. IF THE PLAINS OR DESIGN ARE ON FILE WITH THE ORONO BUILD- I14G i�IID ZON.LNG DIVISION, NO ADDITIONAL PLANS NEED BE FILED WITH THIS APP- LICATION. 16. State the floor number, general area, and rooms where intoxicating liquor is to be sold and stored. (Applicant shall attach a floor plan showing dimensions indicating and identifving all other rooms and other areas where intoxicating liquor is to be sold and stored.) 17. What permits required by thy.' deral government have been applied for or issued and what is the 1 of the permit? 1 � G'J 1 18. 'gnat permits or licenses required by the State of Minnesota have been applied for or issued for the premises? In what name were these ap- plied for or issued and what is the nature of the permit or license? 1 19. Have the necessary applications for City licenses (such as cigarettes, beverage or vendin machines) for this establishment been prepared for submission? Yes- no 20. Are any real estate taxes, personal property taxes, special assessments, or other financial claims of the Cit��,,,,,of Orono delinquent or unpaid for the premises to be licenses? NIt\1 If "YES", give details. 21. Is the premises located within 500 ft. of an,,., public school? (This distance is as measured in a strainht line from the parcel or lot upon which the buriness to be licensed is located to the nearest point of the par^.el or lot upor>< hick the public e:chool is located.) Yes No � -8- 1,111 •14111. I11.- Pazc 1 - General Information (Off Sale Intoxicating) 22. 'Names, residence addresses, business addresses, and telephone numbers of three persons, residents of Hennepin County, of good moral charac- ter, not related to the applicant or financially interested in the premises or business, who may be referred to as the e.pplicants charac- ter . �, Full Name6\�N �% tA_ \ K Residence Address(3\n'0 b �� p.0 ADL O INP (street) (City) (Stat Business Address Q;< VI�l A 7- (street City)) (StAte) Full Name `c `, t'%z Phoneck- � „(area code & No.) (zip) e.Phone 130 4 0 Ir (area code & No.) Phone q1 - (area coe & No.) Residence Address (street) (city) ate zip) Business Address �)' -i- N kct1 Phone (street) (City) (State) (area code & No.) Full Name p �A Phone S _ qlo (area code & No.) Residence Address \�� C.yq W'�� \ �S GV'0 (street) —'T (City) (State) (zip) Business Address0_�,le. I—O) 'L hone (413 -'�'4 11 (street) (City) (Stat (area code & No.) �h►a, 5�351� ANY FA,.SIFICATION OF A?JSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DEN AL OF THE APPLICATION. A Financial Statement of net worth and a short autobiography must accompany this application for all persons who are required to complete a Part 11 Per- sonal Information form. !Exception - Managcr and Ass4stant Man'aaer provided these individuals are not partners or officers of cort Drition.)'� X -TS-,lr ^Tnature of &L. p cant Subsciibed and sworn to before me a Nctary Public orb -this �-r� oftjix W11 1.9 `�• 4 ary signature LA J. Not o � + e�r)UNTY,ty)l pow Commission Expires On PAMELA J NOLDEN Uri"l' NOTARY PUBLIC MINNE50TA 7i►R+(+�. HENNEPIN COUNITY •� �Mv C•omminlen E.p1m�.., : a ,M� -9- "i'' ba MINNESOiA DE PARTNITENT OF PUBLIC SAFETY I.I000R CONTROL DIVISION ?33 SIBLEY - ST. PAUL, MN 55101 APPLICATION FOR PERMIT TO A' LOW ONLY CONSUMPTION AND DISPLAY OF INTOXICATI LIQUOR PHONE 612-296-6159 PERMIT FEE S151.!"l APpiilant Name (Busrie Ss, ParincrS iip, Lnrpura'wn) i)bA l,r 'f raue /ai'.e SPRING HILL CENTER business Address Street Addrts$ 725 COUNTY ROAD 6 P. 0. BOX 288 Lity County State , ip o st u111 WAYZATA HENEPIN 1 MN SS1916 1 L-473-0221 PERMIT TYPE Typo „f business (Restaurant, trance Hall, etc.) Private Club CPublic Business I N1, PROFIT CONFERENCE CENTER _ Nano of Business or Club manager Address of Manager JOHN C. ZAVADA 5510 GIRARD AVE. SO., MINNEAPOLIS, MN 554 Name of Building Owner ACd•aSS Or Owner SPRING HILL CENTER 725 COUNTY ROAD 6, WAYZATA, MN 55391 A H U L USi aE- atS�S E' A E FRUM N HA 6 ::ILL A NON•1 OXI If.G -: AL LI 'UC LICENSE N i U D OCHER BUSINESS ESTABLISHMENT? — TO THIS BUSINESS FOR THIS LOCATION) - �'�es .r No __. Vcs .% Nu 15 APPLICATION IF TRANSFER, FORMER Let .N5EES NAME AND BU It.ESS TRADE NAME ORIGINAL C RENEWAL 5TRANSFER FOR A PUBLIC BUSINESS: If a Partnership, State the Name and Address of Each Partner If a Corporation. State the Name and Address of Each Office - business Paitner,Offieer ..u(jfess u Sine SS ar;neri0fficer .. -.udress Business artner/OHlcef FOR A PRIVATE CLUB ale Gub ryanrieu un'L.' _t f,ten''bers AmOur-1 of Due$ 67er11Lerf1.10 ReOuirements AUGUST 19 1970 I 20 1 1 election as Directcr _ .eny h u tine C I u b � iS Clut building uses Club Maintain Lockers r' Present Location: Owned or Rented' For Members To Store Ltouer+ eve•. .>. owned _ ClubOfficer/ Direct Cr +d me Address - JAN I SMABY P. 0. BOY, 288 WAYZ;,T/;, r'N 5- t ub OfficerjUirector Name F.• ^ WI LL IAM R. PEARCE 3n0. 1561 3 r : L i tITY gnAr), M I nNFApnf IS- mbi �_. Club Oi/icer/Olrector Name PATRICIA GRAllINI — P OX 288 WAYZATA, MN 55391 Has applicant; if partnership, any partner; if corporate:n, any officer or director; if club, any club officer 4r director, ever had a license under the Minnesota Liquor Control Act revoked or suspended or been convicted for any violation of State Laws or IOCdl ordinances; if so, give date and details NO I hereby Cer[rly that the answers are true of my ov,n krov.ledge -. r,d vnde,%!Cnd tt, !f The a...^ t :.f false -nformai,or. or the fa�l'..�e to qhe pertinent informa1.un constitutes cause for revocation of this pelmet ANY PERMIT ISSUED HEREU'IDER Dr`L; NOT ALLOW THE SALE 0' INTUXI _ATINC LIQUOR NO CONSIDERATION WILL BE GIVEN TO THIS APPLICATION UNLESS APPROVED AS PROVIDED BELO;V %�( ��( it - 1; IF THE 130 "'ESS IS LOCATED IN A COUNTY ;narirc Autho"rcii LpI)w ,i t IF ! !Ict ATTACH A COPY OF '1 HC - ITION AND BYLA.vS OF THE CL'JB AND A LIST Or �s;i ,. Coi.nty Gov.)r.r hcrrr 'AEMBERS IF THE HU ;4F.S:; IS LOCATED IN A ^.•UrrICIPALITY C A!;H Aylrruvrif (:nunr it Prr •. i.,rnt i.r Hi ;nrs�i, � .. , •'• - CHECK ___ 700 /.04 CATION FOR PE' PHONE_ 612-296•61E:1 h,Zii," 7.:S0TA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION ,,31 SIBLEY e ST. PAUL, MN 55101 -) AL I Y C''-,'JSUMPTION AND DISPLAY OF INTOXICATAWP)Va87 PER^11IT FEE S151.50 llyy APPI[.ant Name (Bu NneSS, fs710N St -vet AadmssI Bvs• -�CSS AOOIOS% -• - „s-.r-code City Ount, Pk:RfAIT TYPE T voo 01 F ,.. :tau"• .!, ants Hall, sic.) ❑Prlvat.club Op.bllc Bulint=-._— 1 r /, j / Al (-: -.� Nerve of Out Pell or Club Manager C. Address of Manager ams o ulloiny Owner Address of Owrer 41,44 Tr+ U U IN 1 A OTHUR BUSINESS ESTABLISHMENT? �ves F ,1 i. - L U N 1. U O W LL N•IN XICA 1 UO Eb 70 THIS BUSINESS FOR THIS LOCATI, yy •__ JYes L-No _r., �� IF THANSF-' i. FUIVOER LICENSF.ES NA%'C ArIC, L .(_SS IRAUE NAME 1 A PIIC- • ORIGINAL •E%'.AL TRAr'1SFLP ..,._. FOR A PUBLIC BUSINESS. If Parlomshgt. S%wr, thr ' ;rrf, .-,r.,l A '•rat of Each P trtner if ;, Corporation. State the Name and A•t7 . ' Earh OtfiCar ties% Partner/Officer i'aarsss _ _ nes� s�rtner/Officer AOr v ess Partner/OII•:er wo Oryantled 1 ri.. , uer of "C •� 1 Al Present Location. Aocress FOR A PRIVATE CC "A A rn„�nt of Uucs ••' 1+e7 utrementl o.v'-e: Ifented' :Jost Club 1.1a1n14tn LuC-PPS -_ For Members 7� S:ore Lro. Ye% _. No s Cfr/ i/eC 01 i•dlme - --_ Atldr QSS — cerl Director Name AlJ^ ess Has applicant; if partnership, any partner; if corp-:, ation, any officer or dire, ub, dny club officer or director, e,. had a license under the Minneso-a Liquor Control Act revoked or suspends: ' Ui :i. I convicted for any violation of Sate Laws or local ordinances; if so, give date and dotails _L_`�- - - I hereby certify that the an vers arc- true of my c.'.n %r :.•. I:Ile and ur-ilers-.•••rt " a t.4 9ry ink 01 1815e in4 r. t! letter- ' qwe PerttnMt rMormal.on constitut" cause for revocation of It, .permit ANY PEP'.'IT +'_'SUED HERE Ur. r r: rEST AL1 1h THE ALE OF NTk. .ICATING LIQUOR. N.) CONSIDE' :'I-l. BE GIVEN TO THiS APPL'­IkTION / UNLESS API,,-'., LU A.r', PROVIDED BELO':: IF THE BU r r. 7 .) A (,OIF'+Tr )PYC1 In. C.47]IN":t-',)T10NAt- AN 1) C1,"'NT LI;1 I APOmired LhalrPorsun [�� n �.�.' -7t. .. I).rt ' IF THE BUSINE�SI;In[; r1i;' r I keceiut No. Date Received By CITY OF ORONO APPLICATION FOR OFF SALE INTOXICATING AND ON SALE INTOXICATINU LIQUOR LICENSE PART 1 - General Information Directior.sz This form must be filled out in duplicate with typewriter or by printing in ink. If the application is by a natural person, by such person; if by a corporation, by a officer, thereof; if by a partnership, by one of the partners; if by an unincor- porated association, by the manager or managing officer thereof. 1. Name of applicant (name of individual, partnership, corporation or association): ► AY ZATA COUNTRY CLUB — 2. Business Name WAY ATA COUNTRY r IjA Business Address 2()p W;,yZATi, FjLv T) wt,Y;;,Ta`MN_ SSIQ1 Phone 612 473 RR46 _ IF BUSINESS i5 TO BE CONDUCTED UNDER A DESIGNATION, NAME. OR STYLE OTHER THAN FULL INnIVIDU'AL NAME OF THE APPLICANT, ATTACH 2 COPIES OF THE TRADE NAMME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STA'kUTES, CERTIFIi'D BY THE SECRETARY OF STATE OFFICE. 3. Type of Applicant: Natural Person (Individual) Partnership XX Corporation _ Association Other 4.(a) If the applicant is a natural person (individual), state full name, residence and bu�:iness address and t-lephone numbers. True Narre Residence Address Business Address Phone Phone— (..) The full name, residence ac.dresr, and telephone of the agent in charge of the individual ow-iers pr, mises at such time.: as the owner is absent. True Name JOHN A. lj()WNI•:Y Part. 1 - General Information (Off Sale. :ntoxicatinq) 4.(b) continued Residence Address_ 745 J.,ItICOLN jjVE ST_ ►�„i i. l�I1 Phone (c) The full name, residence address and telephone number of the assist- ant manager. Assistant Manager Residence Address Phone (A Part 11 - Personal History form must be filled out and attached for each of the individuals in 4a, 4b, and 4c.) 5.(a) If the applicant is a partnership, state full names, residence and business addresses, telephone numbers, and interest of each member of the partnership. Full Name Interest 8 Residence Phone Business Address Phone Full Name_ Interest Residence__ Phone Business Address Phone Full Name Interest $ Residence Phone Business Address Phone Full Name Interest Residence Phone Business Phone (b) The managing partner will be: Name Phone Address (c) The full name, residence address and telephone number of the assist- ant manan er and any other individual with management responsibilities of the partnership's premises to be licensed: Full Name Phnr�c Residence Addree;r -2- Part .1 - General Information (Off J'ale Intoxicatin(i) 5.(c) continued Full Name Phone Residence Address Full Name Phone (A Part 11 - Personal History form must be filled out and at- tached for each of the individuals in 5a, 5b, and 5c.) If the application is for a partnership, attach two copies of the Partner- ship Agreement and two copies of the Certificate of Trade Name under pro- visions of Chapter 333, Minnesota Statutes, certified by the Clerk of Dis- trict Court. 6.(a) If the applicant is a corporation or association, give the name of corporation or association, metropolitan address and phone number, and home office address and phone number. State of Incorporation Name WAYZATA COUNTRY CLUB or Association MN Metropolitan Address 200 WAYZATA BLVD WAY V%TA Mtn' S street City (state) zip Metropolitan Phone 612 473 8846 area code and number) (b) The full names, residences and telephone numbers of all officers of said corporation or association. President RONALD V MASON Phone 612 474 8 area code and No.) Residence Address - W s feet) (City) State (zip) Vice President JCHN P. FERRtS Phone 612 476_ ./0'1 — (area code and No.) 1110 Residence Address 1265 OAKVIEW RD LONG LAKE M!: 55356 (street) (City) State) (zip) Secretary JOHN L. POWERS Phone" I - (area co a an No.) Residence Address 85 F'ERNDALE GREEN WAYZATA MN 5501 (Street) (city) State) zip) Treasurer DAVID W. BECKLEY Phone 612 476 1882 (area code an No.) Residence Address 15600 WHITE PINE DF. WAY VkTA MN treet -- -- ty - -- state) Off -Sale $25.00 STATE OF MMESOTA per year Jan. 1-Dec. 31 Combination Application for Retailer's (fir) (Off -sale) Non -Intoxicating Malt Liquor License To she I T't' G (�) t4 t n) O -- --- Name of ae.alce aease.aa tossers! t.ttst (-etses) County of .rf�r . 1 /6 r. A[ a, t L.. t , of the city, viflare, or town oft -101'i i. ei'ar'r county of.Mate of dlinnesoia, herrby crake appltention for a Iletailtr's (On Bale) Off -sate) ' %'on-info.rtcatiryg .halt Liquor License to sell suoh Malt liquor under and pursuant to an strd olution) passed by city,) village council, county board of r 1' ,i... " and Chapter 340, Minnesota Statutee ID„5, as amended, providing for ltoonsing and refulattng fhe ale of now -intoxicating malt liquor. During the past five years, my residence has been as follotes: I was 61 4/9 s u. i ".NcA/'r ` , ,1_., veer Year Cos true. m I.•'.,te s e r.,l x..-.e► t..+ NwwCMOs" I am a (native) (naturalised) cAtert of the United $table. ism_ rria� .Ily OD&I'Ie'sj (hwbattd's) name and addres Is Iampropriefor. /�/trtnAA�' t�4+ram t0. r� 7 11 VA /t�L',V49OVS Firm uaulne+orporatrif /.)tfE I'),'i In the Cafe of Corporation to authorised to do l rrainess in Mlanaeota. Lioenss is for �C.t "•1•'' s (efrtef) (hil'hu'al,) Ic:afed as follow: SS The lletst" uill be in oonnettfon uith C CP_'s t my r!'a'c' (,7 CF., _.(n; /IuTu Kr pA+rt r one teas G/a ttosaaseeel, tiaai t�e1 trhich has been to operaflon e r eon The tstablishrnrnt is located on the '01 Ths braaiwes premisee are otrned by F Rs,.) , r: t C) 'Sus " 4'A.tI The faces cis flue property are not delinquent. I a.. /1 rngaecd In the rrlalf sale of intoxicating liquor. I have—L k.,.t an appl"flon for lioenss rr/etted as foil.>u-s. I hate netrr been oonvided of a fflnny nor of elolating any 1Vaflan4jl cos Cafe liquor lase, or local erdinancn rvlatin f to the manufacture, ogle or transporfation, or posausion for sale or Iransportatlon of ,ntoxioatlstg Uquor. Gambling or gambling douse will not be perrmitted on the flornud pumices. 1 am the eu-nor of the leasehold, furniture, f'tturty, and equipment in the premises for tehtoh the !teens to applied, s.darpt - I have no Intontlon or agreement to tracrfer the 1!rrao to &Nether poison. I subm!t the following runes ct lar,rs, lruluding a bank, for ) nlenna, with whom I have had be"rsLtlo" as follows: 'lux 4-;� AS r:,r ♦ ,� IL' r'y' '.Y j -- 1/rArtl 1`ak I L V - �l_it-v c_,.•.' _i [VI- I Intend to engage In tb sale of latetleating Near and will have a rederal Oteuretimal Tax Itwelpt in aetordanco with the ordleatrn govern!ng this Hear,". My lodoml Tar !tamp Itseelpt 1s No I will comply strletl) wits t. s rorfsk ru of the eedinaneo rolstir.' to the sale of s . ft drink& for "mWag[' ;wposea and will acres patreru to lull view of .he puubile. I arras to wale my Constitutional Wrhts agalast parch and a+4tT-. art. wl! freely pertalt peace efrl-ers to tre�ppooctt ey rr.m++ee sad agree to the forfeiture of my l.rena if found W hate violated tit pts+tatoru cf the -sees !rael time) providirg for the rmating of this Ik►nae. 1 hereby solemnly swear that the loregoln statements are true anu d rose' to this test of mthat y lsow'edge sad tt I agree to comply with all the provtolcas of the orflrtanes under whirs We ^see•; is graa!e,l Sabacrfbed and sworn to before me this day of- �.. _ �-=�-. Iiu 1 ` arose. 1 *seas.. r. ►. !..eel ry to.wosWAD a an e11� of she Vessele.e1os e.4 art. am ofa aa awed elawraw sae as"a ee. a.• .wa...d ... y , r 21 Ian v. a . a. — pgra.ae.a at as wb►NAfteeo as, Nka aM u.-..w eft Iw.a Imew loos, a too ��Z Receit t rio. Uate eccrj3%d IIy CITY OF ORONO APPLICATION FOR OFF SALE I14TOXICATING AND 014 S.;LL• INTOXICATING LIQUOR LICENSE PART 1 - General Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink. If the application is by a natural person, by such person; if by a corporation, by an officer, thereof; if by a partner hip, by one o' the partners; if by an unincor- porated association, by the .3naaer or managing officer thereof.: 1. Name of applicant (name of individual, partnership, corporation or association): ►'N m / E /S --,-A.) L , _j, M ,n I c. & f In L 7-z 2. Business :dame di "4M Business Address 3 b'D�G�� L,.�•e �,Q iVildr`i�.Q �= �A/, Phone 41/ - 76, t 6 IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH 2 COPIES OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINN SOTA STATUTES, CERTIFIED BY THE SECRETARY OF STATE O FICC: 3. Type of Applicant.: _Natural Person (Individual) Partnership _Corporation Association Other 4.(a) If the applicant is a natural person (individual), state full name, residence and business address and telephone numbers. True Name n� , �� _ a '/' L rL Residence Address s"Z3 T�� R/r WC,d 4)�_Phene117z Business Address 3Se) fl (b) The full name, residence address and telephone number of the anent in charge of the individual owners premises at such time as the owner is absent. True Naar CI:Y OF ORnNO IN, SUPPORT OF AN APPLICATION FOR ON -SALE INTOXICATING LIQUOR LICENSE AND OFF -SALE INTOXICATING LIQUOR LICENSE PART 11 —Personal Information Directions: This form must be filled out in duplicate with tvpewriter or by printing in ink by the sole owner, by each partner, by each officer, or director, by each manager, proprietor or other per- son for the remises by each son with management responsibilities premises, person who by combined ownership or control has an interest n a corporation or association in excess of 5%. Date ve,�e. TRUE (first) (full middle) (maid ej (last) SZ -3 3 04eT,4e 7r �1✓d "Ng"'V P �% w' S 31>' �i7z - to l6 Z- RESIDENCE ADDRESS: Street, City, State) (pHGNE N,U:IBER) BUSINESS NAME: 33 o ��%/�� L.�/ 1>Q, IAA (/,4 !'/' F' �'N, s S 51— �7 - 7 to l� 6 BUSINESS ADDRESS: (Street, Citv, State) (PHONE NL':1BER) _ST PAGE e /f'�i�, 9,4 e1 C K /V A1, '7 /o _3` PLACE OF BIRTH: City, County, State) DATE OF nIRTH: m0., ay,yr. HEIGHT: WEIGHT: C'_L17)P OF HAIR: O ES: U.S. CITIZEN? Yes Naturali:.:ed? Ycs _ "f yes, Give date and place: MARITAL STATt : Married `Single _ __._ivcrccdX If married, true name, place and date of List::, rind rc:; dence address of spouse: TRUE NAME: (first) (full middle) maiden n=^,c) (last) LACE OF BIRTH: (City, County, State DATED -BIRTH: mo., dav, yj RESIDE CE hDnRESS:(Street, Citv, State If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. C . //e L.T2— A,1i..6-,c'it?C- - "it . ) d I UIIU Personal Information - Part 11(Off Sale Tntoxicating) ,Ire you a registered voter? Yes _too+__ If yes, where are you registered? n,jO(,(1U_P _! Is your spouse a registered voter? If yes, where is spouse registered? Yes No 1. Address(es) at which you have lived during preceeding 10 years. (Benin with present or last address and work back.) NO. AND STREET CITY & STATE DATES 52.33 2t44-rLe--tt' RjvJ Mo u Alt) Ind. zo-/-sv T Pzes.Pti►T 39 ZZ 0- 2y5T.41- i3AY 12ai, 0 2oaQ ninf F -/- ZX_ 76 /o_-/-Ea 2. Address(es) at which your spouse has lived during preceeding 10 years. (Begin with the present or last address and work back.) NO. AND STREET CITY z STATE Di: 1 ES 3. Kind, name and location of every business or occupation you have been en- gaged in during preceding ten rears. (Pegin with present or last occupa- tion and work back.) BUSINESS OR OCCUPATION: STr.EET ADDRESS CITY,STATE D,:-,TES + t 4. Kind, name and location of every business or occupation vour spouse has been engaged in during preceding ten years. (Begin with the present or last occupation and work back.) k BUSINESS OR OCCUPATION STREET ADDRESF CITY,STATE DATES -2- 4. (continued) 5. Names and addresses of your employers and partners, if any, for the precee,i- ing ten years. (Begin with present or last one first and work back) NAMES: EMPLOYERS OR PARTNERS STREET ADDRESS CITY, STATE DATES 6. Names and addresses of your spouse's employers and partners, if any, for the preceeding ten years. (Begin with present or last one first and work back) NAVIES: EMPLOYERS OR PART14ERS 2TREET ADDF.ESS CITY, STATE DATES 7. Have you, your spouse, parent, brother, sister, or child of either of you, ever been convicted of any felony crime or violation of any ordinance, other than traffic? Yes No If yes, give information as to the time, place and offense o r whic convictions were had. 8. Have you, your spouse, or a parent, brother, sister or child of either cf you, ever been engaged as an employee or in operating a saloon, hotel, res aurant, cage, tavern or other business of a similar nature. Yes No If yes, give information as to the time, place and lencth o time 9. Have you been in military service? Yes X too If yes, was discharge() ever other than honorable? Yes No.A_(Copies of discharge papers may be required.) 10. Nlames, residence addresses, business addresses, and telephone nurf, rs of each person who is engaged in Minnesota in the business of sellir,,7, manu- facturIng or distributing intoxicating lia»or and who is near. kin to you or your spouse than second cousin, wheeler of the whole o _1f blood, computed by the rules of civil law, or who ir- a broths -in-law -ister- in-law of you or your spouse. Full Name _ `__� _ Rolationship_ Phone R�:id,.nce Address e Personal Information - Dart 11(off Sale Intoxicating) 10•. (continued) business Address_3.jcf t_ 5l:D.`t, Lr�t'�y� �iivAc?,L' t- /rIN I'honc4/7/-7( Full 14ame 1_144,-1;1/,6� G-2 o L. tot- H& L.T'Z Relationship -"L __ Residence Address3Z 3.� 3911i4e rr 23/l/d Phone 4i72 - 6 /(,,Z Business Address 3366 5h6ltet-iNc 1)/1, Phone Full Name Residence Address Relationship Phone_ , Business Address Phone 11. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of any such business? ies No_)�_ 12. Are you directly or indirectly interested in other establishments in the CitS of Orono to which a license of the same kind has been issued? (Refer to City Code Section 4.01, Subdivision 4 for definition of "interest".) Yes NoIf yes, list names, addresses and interest. 13. Are you the spouse of a person :;ho �-:oulr be _.nelicibie for a license? Yes No_-_ 14. What is the amount of in-►estment that you will have in the business, build- ing, premises, fixtures, furniture, stock in trade, etc.? State the source of such money. (You must be prepared to furnish proof of the source of such money.) 15. Have you had any interest in any previous into.:icating liquor license that was revoked, suspended or :,ot renewed? Yes No _ If yes, explain in detail. 16. Have you ever individually, or with others, made application for an intoxi- cating liquor license and had such application denied? Yes -No If yes, state circumstances. 17. List the names, residences, and business addressed of three residents of Hennepin County, of good moral character, nrt related to the applicant or financially interested in the premises or business, who may be referred to as the applicant's character. hart 1 - General Information (Off Sale Intoxicatinq) 22. Names, residence addresses, business addresses, of three persons, rc:;idents of Hennepin County, ter, not related to the applicant or financially premises or business, who may be referred to as ter. Full Name t Residence Address (street and telephone numbers of rood ;coral charac- interested in the the applicants cnarac- Cit•✓) (state (L /L) Phone 417/-9137 (area code & No.) V ✓ ss39i zip Business Address S Ce.N-FAA 1- A ✓,,c, AIAI, Phone M-Y�?B.S� (street) (City) (State) (area code & I:o.) (6/z) V751- 6265— Full Ivz:r„e��jq�lQS p ��¢/'hyC-L Phone •�a code & No. ) Residence Address �3 � L4ke U/f'u) -4-d % 1-k-4 I�i�y /yJ/✓ (street) (City) (State) (zip) Business Address 4/36 / T jo�t', /✓. (g / Phone 33 3'— k77 (street) (City) (State) (area code b ..o.) Full I,Iame ZeG/t),4/'d P 1 one V 7(1-V2 SyZ- (area code & Nc.) Residence Address S!G SL�itJ�lS !�,NK� h i (streetl (Cit•l) (State) (zip) Business Address 'S/4 4) 3 2S% N�Inis &YA'hone 333 - e c 9 (street, (C tv) (State) (urea cote & NOJ ANY FALSIFICATION OF AN YERS TO THE ABOVE QUESTICIvS WILL RESULT IN DENIAL OF THE APPLICATIOi.. A Financial Statement o:. net worth and a short autobiography must accormpany thiz, application for all persons who are renuired to complete a Part 11 Per- sonal Information form. (Exception - Manager and Assistant `•'.ar.acer provided these inuividuals are not partners or officers of corporation.) Subscribed and sworn to be orq me Not PublicrO,n this_j�,T_ft day of f lg . r y signature 00R01Hr K 91AILLIff MOFARY Ift3U04WodFS0TA Fq� HENNEPIN COUNTY _�Y eorr- - e.p�c .SAD e o f Cr, cant) Com.^ission Expires On ORONO POLICE DEPARTMENT MESS KE V CONTROL NUMBER IOCAI CONT AGENCY NCIC 1DENT ICAG) DATE rTIME REPORT MADE . E C. 1 / _L7 � � , [,/, � ,rj Ic / M N 10 2 7 � / L NOR DATE RE ORTED IAPD) TIME APO ITRP) LOCATION GRID NBA ILGNI DAY: S M T W S PLACE COMMITTED IPLC) d - alto in Ai L NOR HAD SQUAD OR BADGE # (SON) TIME ASIG. ITAS) TIME ARR ITAR) TIME CLA (TCL) ►l l / 4 / C) / / 1R ISN UOC UCS 1 I O I D � ENSE OR INITIAL COM►LAINT i-1 COMPLAINT ❑OFFENDER AVICTIM❑ f OFFICER ASSIGNED ASSISTED BY 3--/j 'OTHER PRINCIPAL Q_-jV__. D O B BUSINE ISS ADDRESS HOME ADDRESS HAD collet / — Phone A — Radio A — Alarm I — In Iersd V — Visual M — Mall T — Other BUSINESS PHONE HOME PHONE OTHER REPORTS INCLUDED Impound ❑ Prop Ir.venlorV ❑ Implied Consent ❑ Accident Report ❑ Taw O Influence Report ❑ Photos p REPORTING ►ERSON❑OFFENDEA&VICTIM❑ 1 00,11 BUSINESS ADDRESS BUSINESS PHONE HOME ADDRESS SEE 5061E FILE HOME PHONE ROLLCALL Warn & Release Dept. Assist Message Deliver Treated & Transported Advised Citation Issued Detail Completed G.O.A. - J-t— _ —C� " -sG 71 s ---- 3 , I CO ATTNY ❑ CITY yJTNV 9� COUgi [) DIS►MITION OFF ICE 11'�` CHIE F rbv arrest 1 I aw►)ev y�+T --- -- List �OTHEIaI OTH�� Inactive OtNtt SUPERVISORS SIGNATURE ORGIN"O Police Department FOLLOW-UP GSE FILE 87004294 SAME 511 OFFENSE Liquor License Violation DATE 8,16/87 PRINCIPLE(S) REPORT DATE Jimmies Lounge UNLAWFUL ACTS: Possible consumption, removal of cor.tainers and closing, found under Section 4.01. Subd. 1,2,3. On 8/6/87 while on routine pai-ro. at approx. 0210 hours, I saw lights and movement in Jimmies Bar located at 3380 Shoreline Drive. At this Mime, I parked the squad and observed the inside of Jimmies Bar from acr- :.he street in Rick's Super Value narking lot. In using my binocular: could see three people sitting at a table that was located in the rain_ roor.. and was located in the very correr which would be the northeast coiner of that room. I continued to watch the people because of the location of where I was parked and the bar stools in the bar, I could not get a very good view, I could only see the heads anc arm movement while thev were sitting down. At this time, i saw a young adult male co in behind the bar area and pour himself a drink. I could nct see if he used a bottle, however, I could see that he used a hose that is used for distribution of the mixed portion of the drink. He then walked back to the table and I could see that 1h� uas carrying a full glass of a dark colored d-i:,k. This person was late. identified as Dan Dixon, Jr. , ROB 7/20/68. He was not an employee of Jim -pies Bar. At approx. 0217 hours, I saw an older male get up from the table and he went to the back door and he let himself out of Jimmies Bar. The door lwas locked and he had to reach up to the top of the door and slide the 1 at ch in order ro get out. At 0220 hours, I drove to the back of Jimandes Bar and we.it and ', mocked on the back door. I•t this time, Dan Dixon Jr. came to the door and looked out and looked back at the bartender, 1 ,t z- identified as Steve Socher, DOB 7/8/54 . He looked back at. Steve and he said, "A cop' s at the back door.", and then, he walker] awa-,•. At this time, I knocked on the door and ordered them to open; ur> the d anI he yelled back at me, stating that he didn't know how to e'pc r. up or. At this tune, Steve care to the door and opened it up. entered 'he bar and looked through the area where th.y were sitting. At this time, I noticed a female sitting there. She was identified as M-, l i ss a Hanson, DOB 2/25/60 . These were the on— three people in the bar at this time. Page 2 87004294 I then walked over to where they were sitting in a corner and I noticed on their table there was a empty bottle of beer, an ash tray, and also an empty glass containing some ice cubes and a straw. It should be noted that all the tables and the bar itself in the bar were all clean of glasses and beer bottles, except for the one that they were sitting at. At this time, I asked who the bartender was and at this time I fkund out the bartender was Steve. I asked Steve why there were three people in the bar drinking at 2:30 in the morning. At this time, the female Melissa, stated that they were not drinking and that the bottled beer and the glass were there from closing. I then asked Steve why they were in there. He stated that he was waiting for a ride and that Dan Dixon had just come there a few minutes earlier t-) nick him un. I then asked him why Melissa was there and he stated that she was with him. At this time, I explained to Steve that even if he was waiting for a ride, he could not be the establishment with two other people at 2:30 in the morning. At this. im,. Melissa became somewhat upset, stating that thev weren't doing anythir, wrong, that thev wer, just sitting there and that they weren't drinking. At this time, Steve ated that he did have one beer after closing. Dan Dixon, he was sitting at a table next to the one in the corner and he was holding a glass of coke. This is the one that I saw him pour in the back of the bar when I was observing him in the parking lot of Rick's super Value. At this time, I told all three that they had to leave and Steve stated they would. I then went outside and waited for them to come out. At approx. three minutes later, all three came out and locked the door. It was at this time that I identified all the individuals involved. It should be noted that Dan Dixon and Melissa Hanson were quite upset, somewhat beligerent and verbally agressive against me, stating that they were not doina anything wrong and that I had no right to tell them to get out of the bar. At this time, I asked Steve that I noticed an older male leave the bar approx. ten minutes earlier and I asked him if he was an employee there and he stated no. I asked him why he was there and he stated that he helped carry up some boxes. I asked him if it took this aentlecran from 1:00 to approx. 2:15 to carry up these boxes and he stated, nc, but he was there and he did help carry up boxes. At this time, I told Steve that I would be filing a report and that possible charges ra,• result from then: being in the nremisis after closing. Officer Larry Tor^check W- Mat(tam) STATE OfYIMIMES 7a MN�WIY CITATt10M NO. COU*T. or MEwME►ut ` 8"TAICT couAT 3 8 7 -02 3 9 S 4 ' 710 is m"" dnwt uAlw trI ...in 0 t„rt, of s+o. oa.�n«t Iti air« Msatst.tl to tAyytto► a ma ssctban nillocsted r I 1 t, M1�c sE •utE `` ` a T 1 I qtI i Toot MFT pMWIs[W 1 .T TEAF YA*t Y77�1 �TArm am OoloobAm :i NO p�tlOEurrs�.+ AO 1 - .I I G040CT GwAV"." ci UNSAFE OR PRROOPERTYER E ❑ACCIDENT D CONDIT ONS -AWOL W.111101NE111 LZ I apses to respond to this cfta1tpn and understand that If I tail to do so wither 1' QA1.. In[/MSOO pengiltse tilt be ssessssia and a warrant will be issued tot rM avast t1 s ua►rsnt Is issued s banally of M will be added to the fine p[ �EMDA MT'a erp�lAT1JRE -92 i 1v 1l1 e r _ S ,t� �u. ' 1 j 1 . 1 At [ a COURT COPY - DO NOT WRITE ON REVERSE August 7, 1987 Llilt tom, fit y Cit.�7 of U4T4 Post 01111 c fS >`, • l t�•tnl fi.". \lihflu.,d;, .',f. ! . %" ,it, 11 ,l Ilan, . On Ow North Shorr of Lakc iGi neconka Police Departi»ent ' r Mr. James Holtz 5233 Bartlett Blvd. Mound, Minnesota 55364 Dear Mr. Holtz, I am sending you a citation for being open after law- • ful hours on August 6, 1987 at 2:10 AM. Our officer found your bartender and two citizens, having seen a third one leave at 2:07 AM, in your place of business. If you have any questions, please feel free to call me. Sincerely, Melvin Kilbo Chief of Police MK:cjli cc: 87-4294 enc. I11 :,;I W,I I F:nttrt;►n(r• ill CitV� Or OR,ONTO Poo ! U:Iit t• k \ )-I Ur, t.r: Ki.. Mit, ':t • 4 is - _ itt.,I ( )II c. On dw j1'nrt1t `ibinsc of Lake Almurtonka POl ice,DC'parti-nen-it August 10, 1987 Scott Richter 3300 Piper Jaffray Tower Minneapolis, Minnesota 55402 RE: Case No. 87-4294 Dear Scott, It I am sending you case file No. 87-4294. This is a liquor license violation on Jimmies Bar at 3380 Shoreline Drive in Orono. This offense happened on 8/6/87 at 0210 hours. The owner, Mr. Holtz was ticketed for violation of section 408 subde. 1, 2, and 3. It involved a bartender and his lady friend whc ..as there to pick him up. However, at 0217, an older male lets himself out of the back door. At 0220, when the officer comes in, he finds another male in the bar, making three present at that time. Only the table they were sitting at had an empty beer bottle and an empty glass with ice cubes and a straw left. All of the rest of the tables were cleared. The other male and the bartenders lady friend were quite abusive to the officer. Today, 8/10/87, Mr. James Holtz, owner of the es- tablishment, called me regarding the letter I sent him with the tag. He indicated he wanted to talk to you and may be interested in some sort of a deal regarding the charges. He indicated that he had employed the bartender for only 2 months and thought maybe he should discharge him. I advised him that its his perrogative to do this. He requested that you call him to discuss the situation after you receive this case file. Sincerely, Melvin Kilbo Chief of Police MY: cj11 enc. SEC. 4.02. ORIGINAL LICi;;':;ING PROCEDURE. Subd. 1. Application. All applications shall be made at the office of the City Clerk upon forms prescribed by the proper Dep: ert of the State of Minnesota together with such additional information as the Council may desire. If not so prescribed, then upon forms furnished by the City. Information required may vary with the type of business organization making application. All questions asked or information required shall be answered fully and completely by the applicant. Subd. 2. False Statements and omissions. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement, or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. Subd. 3. Application and Investigation Fee. At the time of the initial application, applicants for licenses required by this Chapter of the City Code shall pay to the City the fees as provided for in the current City fee ordinance duly adopted by the Council, pursuant to City Code Section 1.05, which fee shall be considered an application and investigation fee, not refundable tc applicant. At any time that an additional investigation is required because of a change in the ownership or control of a partnership or corporation or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an additional investigation fee. Subd. 4. Action. A. Investigation. All applications for a license shall be referred to the Chief of Pol ice and to such other City departments as the Council shall deem necessary, for verification and investigation of the fact; set forth in the application. The Chief of Police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report to the Council which shall include a list of all violations of Federal or State law or municipal regulations by the applicant. ORONO CC 67 �; , 13. flea r i ng. Upon receipt of the written report and '`.✓ recommendation by the Chief of Police and within thirty days there- after, the City Clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day, time and place of hearing, the name of the applicant, the place where the business is to be conducted, and such other information as the Council may direct. At such hearing, all persons desiring to be heard shall have such opportunity, and the Council may thereafter grant or deny the license. If the license is granted, the Council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the Council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granter'.. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days notice of the time and place of a hearing on the proposed rescission. C. Granting. The Council may approve any applica- tion for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay one-half of the license fee, and the inves- tigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee whrn due shall be cause for revocation. The City Clerk shall, %:ithin ten days after the issuance of any license under this Section, submit to the proper Department of the State of Minnesota the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. fie shall also submit to the proper Department of the State of Minnesota any change of address, transfer, cancellation, or revocation of any license by the Council during the license period. D. Issuing. If an application is approved, the City Clerk shall forthwith issue a license pursuant thereto in the form prescr ibcd by the City or the proper Department of the State of Minnesota, as the case may be, end upon payment of the second half of the license fee. T+11 licenses shall be on a calendar year ba-lis unless otherwise specified herein. For licenses issued and ORONO CC HE which are to become off ct ive other t;jan on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. E. License Refund in Certain Cases. In the event that, during the license year, the licensed premises sha' be destroyed or so (2Umaged by fire, or otherwise, that the lic'. .:-•ee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his illness or death, or if it hall becor - unlawful for the licensee to carry on the licensed business under :, license, except when such license is revoked, the City shall, upon the happening of any such event, refund to the 1 icer.:,ce, or co his estate, such part of the license fee paid by him as c:)rrespcnds to the time such license had yet to run. In the event of death of the licensee, his personal represen- tative is hereby authorized to continue operation of said business for not more than ninety days after the death of such licensee. F. Transfer. h license shall be transferable between persons upon consent of the Council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subparagraph. G. Refusal and Ter;;,ination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. 11. Revocation or Suspension. The Council may, in its sole discretion and for any reasonable cause, re%'L, or sus- pend for a period not to exceed sixty days, any license granted under the provision,- of this Chapter. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of non -intoxicating malt 'Liquor, wine or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon that such violation was not willful, the Council may order suspension; provided, that revocation shall be ordered upon the third such violation or offense. No suspcnsion or revocation shall take effect until the licensee has been afforded an enrortunity for a hearing before the Council, a committee of thn Cr-- �.1, or a hearing examiner, as may be determined by the Council fiction calling the hearing. Such hearing shall be called by the ..ouncil upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days }prior to the hearing date, stating the time, place and purpose thereof. As additional rer,trictions or regulations on licensees under this Chapter, and in addition to grounds for revoc .tion or suspension stated in the City OROt!O CC 69 Code or Statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of nen-intoxicating malt liquor, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. I. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholuers and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk of any change in legal ot•:nership, or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked thirty days after any such change in ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the City designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the bu-iness records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrit: and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. Subd. 5. Duplicate Licenses. Duplicates of all original licenses under this Chapter c:ay be issued by the City Clerk without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee of $2.00 f(--r issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. Subci. 6. Pc):.t + ng. All 1 icensp.es shall conspicuously post their licenses in t:ieir places of business. ORONO CC 70 Subd. -7. Resident lianager or Agent. Before an on -sale license is issued under this Chapter to an individual who is a non- resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resident manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a p,:rson who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be a resident of the City or ceases to act in ::such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation er suspension. Subd. 8. Persons Disqualified. In addition to any other provision of law, no person shall qualify for a license under this Chapter who has been convicted within five years of the license application of violating any law relating to the manufacture, sale or distribution of non -intoxicating malt liquor, liquor or wine, or whose license therefor has been revoked within such period of tir,.r, period or convicted of gambling within the five years of the license application. Nor shall any person qualify who has not attained the State established legal drinking age or who is not a citizen of the United States. SEC. 4.03. RENEWAL OF LICENSCS. Application for renewal of X all licenses under this Chapter sha I be made at least sixty (63U.) days prior to the date of expiration of the license, and sha':_ contain such information as is required by the City. This tin.z requirement may be waived by the Council for good and sufficient cause. Personc for renewal of application are subject to all the requirements of Section 4.02 except for Si.,bd. 4 B Public Hearing which is an optional requirement to be established at the discretion fo the City Council. SEC. 4.04. DELINQOEST TUXES ASD CHARGES. No license under this Chapter shall be granted for operation on a:-y premises upon which taxes, assessments, or installments thereof are due and owing, or other financial claims of the City, County or State exist. SEC. 4.05. LIMITATION ON OWNERSHIP. No person shall be granted more than one license under this Section except that a person who is a holder of an on -sale 1 iqucr license may also be the holder of an off -sale liducr license, provided that the location of the on -gale operation is separate from the off -sale location. In such cases each location shall have a sciarate entrance onto a ( public street, sidewalk or mall area. SEC. 4.06. CONDITIONAL LICENSES,. Notwith:.tanding any 4_.provision of law to the contrary, tho Council may, upon a finding of the nece:; city therefor, place !;uch special conditions and 71 SEC. 4.16. PROMBITHM ACTS BY A LICENSEE (GETIVRAL). Subd. 1. Consumption. It is unlawful for any person to consume on an on -sale license premise, or any licensee to permit consumption of, non -intoxicating malt liquor, wince. it liquor on licensed premises more than twenty (2C) minutes after the hour when a sale thereof can legally be made. Subd. 2. Removal of Containers. It. is unlawful for any on -sale licensee to permit any glass, bottle or other container, 1V containing non -intoxicating malt liquor, wine or liquor in any quantity, to remain upon any table, bar, stool or other place where customers are served, more than twenty (20) minutes after the hour when a sale thereof can legally be mare. Subd. 3. Closing. It is unlawful for any person, other ' than an on -sale licensee's bona fide c,.ploy(e actually engaged in the performance of his duties, to be on premises licensed under this Chapter more than thirty (30) minutes after the legal time for making licensed sales. Provided, however, that this Subdivision shall not apply to licensees, employees of licensees and p,�trons on licensed premises for the sole purpose of preparing, serving or consuming food or beverages other than non -intoxicating malt liquor, wine or liquor. Subd. 4. Conduct on Licensed Premises. Except ac herein provided, every licensee under this chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein. Subd. 5. Sale by Employee. Any sale cf non - intoxicating malt liquor, wine or liquor in or from any premises licensed under this Chapter by any c7ployee authorized to make such sale in or from such place is the act of the employer as well r-s of the person actually making the sale; and every such employer is liable for all of the penalties provided by law for such sale equally with the person actually makia t}te sale. Subd. 6. Manufact. res or Wholesalers Interest in Retail Establishments. No manufLcturer or wholesaler shall either directly or indirectly own or control or have a financial interest in any retail business. Subd. 7. No liquor in licensnd re:;taur nts. No person shall consume or carry any intoxicating or non -intoxicating liquor to or irt-o any restaurant with the purpose of consumption therein. A. Illegal to permit mixing. No person shall mix or sell for the purpose of mixing any non -intoxicating salt liugor, soft drink, wine, liquor or beverage in a food estLblishment unless licensed as a bottle club. Subd. B. Display. It is prohibited that any alcohol be displayed to the public in .any manner in an on or off -sale licensed operation during the hours in which consumption it not permitted. 74 Subd. 9. Prohibition of License Issuance. No employee or public official of the City of Orono may be a holder of any license issued under this Section. This does not, however, prevent the issuance of a license to a club of which any of the aforementioned are members or on the board of directors. Subd. 10. Financial Indebtedness. No person shall be financially indebted to any person not otherwise qualified for the license. Subd. 11. Zoning Ordinance Requirements. Not withstanding any Section in this ordinance to the contrary, all premises that are licensed must be located in zoning districts in which they are permitted and must be in compliance with those zoning codes. 91A INTEROFFICE MEMO DATE: December ?, 1987 TO: Mark Bernhardson, City Administrator FROM: Mel Kilb(.. of of Police '� ".l967 RE: Animal Contrcl Contract Attached to this memo you will find an animal control contract written by Long Lake Attorney Arlo VanaeVeote for the furnishing of animal control by Orono to Lone Lake. While somewhat differant in format with the other contracts to Spring Park and Minnetonka Beach, it contains the same substance as the other contracts. I have reviewed it and request that the Orono Council accept it and allow Orono to provide service. You will note one copy has been signed by Long Lake. T0: Mayor and City Council FRCM: Mark Bernhardson, City Administrator+ F %o r4 3: d&1 -� �cx)nuimdi n( j approval. ANIIV1 CONTROL CONTRACT AGREE11ENT, made this day of 19 _, by and between te the City of Orono, (hereinafter referred to as "Contractor" and the City of Long Lake, (hereinafter referred to as "City") In consideration of the convenants and agreement hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of and shall continue in effect until December 31, 19 unless cancelled pursuant to the terms herebelow set forth. 2. Contractor agrees to , ;':- its animal control services and facilities available to the City on an "oii-call" oasis. For purposes of this agreement "on -call" means that there shall not be regular patrolling of the city but that the animal contract services shall be requested by the City of Contractor on an incident by incident basis. All vehichles used by Contractor in the performance of such on-ca'1 animal control duties shall have proper identification displayed on two sides including the words "community service". It shall use competent personnel trained in the handling of animals who shall perform their duties only wrA le in proper uniform and shall wear identification so as to indicate the employee's name, title, and place of employment. 3. The City authorizes the Contractor to apprehend and retain dogs, cats and other animals and/or issue citation tugs for violations of the Citv's ordinances on a complaint by complaint basis lodged by the City Attorney or the City Clerk. Contractor will not invade private property contrary to the wishes of the owner of the property nor forcibly take an animal from any person without the approval and assistance of the City Attorney or the City Clerk, (>r- ur)l i c-e a`Fi cer. 4. From time to time it may be necessary for an animal control officer to be called to the scene when deemed appropriate in the discretion of a regular police officer. Under such circumstances the officer will attempt to notify officials of the City as soon as is practicable of the call in. 5. For each incident that an animal control officer is called to respond to within the City, there shall be a written report including the time in and the time out relative to the call. Such report shall include the name of the party requesting the call, the purpose and the disposition. 6. In accordl.nce with this Agreement, all impounded animals shall be transported to anc confined at the Corcoran Pet Care CerLer located on County Road 116 and County Road 10 in Corcoran, Minnesota. The Contractor warrants that the Corcoran Pet Care Center has been and will be inspected by it periodically and that it confo nns to all applicable regulations as to the facilities provided for the impoundment of animals placed there. In the event that it does not continue to confon.i to such standards, the Contractor shall immediately notify the City and shall recommend a different impound facili Hours of the facility at Corcoran Pet Ca-e Center are 8 a.m. to 8 p.m. daily. AIII14AL 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. Corcoran 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 anir;1al impounded. All impounding fees, license fees, and/or penalty fees collected by Contractor or its agent and/or Corcoran Pet Care enter shall be remitted to the City, 8. In the event an animal impounded and boarded by order City Health Officer or placed under quarantine by ruling of the State Roam .ealth, said animal 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 accordance to Minnesota Statutes 35.71. 9. The Contractor shall keep records of all animals impounded together with a description of the same. 10. The City agrees to pay Contractor for services in the performance of this contract as follows: A. Price Per Call - $ 21.00 B. 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 eriergency care deemed necessary, unless the owner reclaims animal and the owner will pay. 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 employment 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 Minnesota Statutes 181.59, 14. Either party hereto may cancel this contract within thirty (30) days written notice thereof to the other party. I1; THE PRESENCE OF: ANIMAL CONTROL CONTRACT Page 3 IN THE PRESENCE OF: CITY OF Long Lake By By 121087.1 lrw TO: Mark E. Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: December 10, 1987 MG SUBJECT: Insurance Renewals 1988 ISSUE Adoption of award recommendations for renewal of insurance coverages effective January 1, 1988. DISCUSSION Attached is a comparative tabulation, by type, of the 1987 and 1988 insurance premiums, and the 1988 budget amounts. The total of all lines, except worker's compensation, iG $79,312 for 1987; $80,076 for 1988; vs $81.190 budgeted for 1988. The worker's compensation for 1987 is $55,751; for 1988 $51,253; vs $65,97 0 budgeted for 1988. T'le 1^:ge di :ference ($14,717) between the worker's compensation ii;: A-t,osit for 1988 ($51,253) and the 1988 budget of $65, -.s •it. a to an improved experience modification in 1988 0° .93 vs in 1987, and to additional discounts applied of $11,558 in 1938 vs $5,328 in 1987. If the gross premiums, before discounts, are compared, 1987 is $62,3 ; 1988 is $67,034 vs 1988 budget of $65,970. RECOMMENDATION It is recommended that the 1988 insurance policies be awarded a:' presented on the attached proposal. TO: Mayor and City Council FROM: Mark Bernhardson, City Administratoi'A`� Forwarded recommending approval. PROPOSED 110T Moved by Itsecondod by , to awar the City of Orono 1988 insurances to the League of Minnesota Cities Insurance Trust, United Fire & Casualty, Western National, and the St. Paul Cols, effective January 1, 1988, as proposed. Ayes , Nays F ACTUAL INSURANCE ACTUAL RENEWAL PREMIUMS PREMIUMS PREMIUMS BUDGET POLICY AWARDED -TO -_1987 1988 1988� Worker Compensation LMCIT $ 55,751 $ 51,253 $ 65,970 Multi Peril Package, LMCIT Including Property 6,164 5,652 6,290 Vehicle Liability 7,382 7,446 8,860 Inland Marine 1,433 2,170 Errors & Omissions 4,367 4,048 General Liability 22,736 24,701 33,500 Crime 122 41 Business Interruption 2,321 1,85 Unlimited Reporting 2,648 -0- -0- Total Multi Peril Package __47,I73 __45,9I6 __48,6'S0 Public Employees Bond U F & C 1,186 1,011 1,450 lloni( Securities U F & C 107 107 140 Boiler Western Nat'l 150 170 170 ComputerF St. Paul Co. 500 (A) 600 570 Umbrella LMCIT 21,793 (B)23,172 20,750 Surcharge - Imposed by State of Minnesota to -0- (A) 2,000 -0- finance Guarantee Fund Liquor Liability for Trans Continental 3,133 (A,C)1,600 3,510 Golf Course (For $500,000 (For $1,000,000 No Uzibrella) No Umbrella) Agent of Record Apple Valley __ 5,350 -- (A)5,500 ----- -_-5,950 -- Agency Grand Totals � 135,143 $131,329 $147,160 (A) Fast imated premium (B) Premium quote,i for $2,00(3,000; optional $5,000,000 premiurl $32, 204. (C) Premium quoted for $500,000; optional $1,000,000 premium est $1,6oa. Policy renewal date 4/1/88. 111687.5 TO: Mayor and City Council ``��� FROM: Mark Bernhardson, City Administrato i, DATE: December 9, 1987 SUBJECT: Police Service Contracts 1988 ATTACHMENTS A.City of Minnetonka Beach/City of Orono Police _ Service Agreement Dated (µiT Ax4o ffo B. City of Spring Park/City oT Orono Police Service Agreement Dated l.t/r/17 C. City of Long Lake7Eity of Orono Police Service Agreement Dated__ (W Aii:c*y4j ISSUE - Adoption of contracts with the Cities for police service Tn 1988. INTRODUCTION - The individual councils together with Orono had adopted t'he police service budget based on the original recommendation. The police contract for 1988 is just an update for the most part of the financial data with some minor amendments that were housekeeping that were incorporated for the 1988 contract. 1987 wa- the first of a three year contract. RECOMMENDATION - It is recommended that the attached contracts be 16rmaf fy adopted for police service for the three communities by the City of Orono for 1988. PROPOSED MOTION - Moved by __, seconded by _ , that the Council approve the individual contracts with Minnetonka Beach, Spring Park and Long Lake for police service for 1988. Ayes ___, Nays cc: Chief Kilbo City of Spring Park City of Minnetonka Beach City of Long Lake AGREEMENT AND CONTRACT FJR LAW ENFORCEMENT 1 THIS AGREEMENT AND CONTRACT made and entered into this 2 day of 19 19 by and between the CITY OF ORONO, Minnesota and 3 the CITY OF Sprincr Par)` Minnesota, is made under and by virtue of Minnesota 4 Statutes 1965, Section 471.59. 5 WITNESSETH: 6 WHEREAS, the City of-SEring_Park is desirous of contracting with the 7 City of Orono for the performance of law enforcement services within the 8 City of Spring Fark-, and 9 WHEREAS, the City of Orono is agreea�jle to render law enforcement 10 services on the terms and conditions hereinafter see forth, and 11 WHEREAS, a contract such as this is authorized under and by virtue of 12 the provisions of Minnesota Statutes 1965, Section 471.59, 13 NOW, THEREFORE, the City of Orono agrees that it will provide law 14 enforcement services for the City of Spring Park on the following terms 15 and crynditions and the City of Spring Park agrees as follows: 16 1. Definition of terms. For the purpose of this Agreement, the terms in 17 this section shall have the meanings given to them. 16 A. "Contract year" means a 12 month period during which law 19 enforcement services are to be rendered or were rendered to the City 20 of _Serino Park_ by the City of Orono. The contract year shall 21 commence on January 1 and terminate on the next December 31. 22 B. "Contracting Cities" means any city which is a party to this 23 contract or a similar contract which by its terms is interrelated with 24 this contract for the purposes of determining total cost for the 25 contracting cities, which are Orono, and Lonq Lake, and Minnetonka 26 Beach, and Spring Park. 27 C. "City of Oronc• Police Budget" shall include all preliminary 28 estimated and actual costs of operating the Police Department of the 29 City of Orono fcr a given contract year, including but not limited tv: 3n 1. A 1 1 insurance costs including PERA, OASI, Workers 31 Compensation Liability. 32 2. All Salaries, fringe benwfits, overtime. 31 3. All costs of equipment and apparatus acquisition an-1 s4 and maintenance. 4. All non -prosecution consulting fees. 5. Holiday and severance pay. 6. Unemployment benefits paid. 7. Utilities. 8. Telephone Service. 9. Gasoline and oil for police cars. 10. Books and periodicals. 11. Wearing apparel and bedding. 12. Officer equipment. 13. Rental costs or 3stimated fair market rental value of building. 14. All other expenses normally and reasonably incidental to the operation of a ten officer, Chief included, police department. 15. Administrative overhead charge of 10% of all the above costs. 16. Contract charge of 6% of the net budget (budget and administrative ov-rhead charge less town aid credit) divided among the contracting parties excluding the City of Orono. 17 2. Public Image. The designation "Orono -Long Lake -Minnetonka Beach- 18 Spring Park Police Department" shall be affixed to the side of all 19 police cars used by the Orono Police Department under the terms of 20 this agreement and the City of Orono shall cause the designation of 21 "Orono -Long Lake -Minnetonka Beach -Spring Park Police Department" to be 22 inserted in the appropriate telephone directories as may be 23 distributed in the contracting cities. If another city contracts with 24 the City of Orono for service, its name may also be added to the 25 above. 26 3. Level of Services. The level of services rendered to the City of 27 Sprir.a Park shall be the same as the services rendered to the City 28 of Orono, except as hereinafter stated. 29 There shall be three additional officers, identified as individuals, 30 who when on duty shall be stationed within the City of Long Lake. 31 'These officers will respond to all necessary calls within the 32 contracting cities, but their priority will tie Litt amity of Long Lake. 33 There shall be four additional officers, identified as individuals, 34 who when on duty shall be stationei within the City of Spring Park. 35 These officers will respond to all necessary calls within the 36 contracting cities, but their priority will be the City of Spring 37 Park. 38 4. Administrative Responsibility. The law enforcement services 39 rendered to the City of-Sortno Park shall be under the sole direction 40 of the City of Orono. The degree ^of services rendered, the standards 41 of performance, the hirino and disciplins- of the officers assigned, 1 and otnr�r matters relating to regulations an(] policies, shall remain 2 in the control of the City of Orono. Any disputes between the parties 3 to this agreement as to the extent of functions and duties to be 4 rendered hereunder, or the level or manner of performance of such 5 service, shall be resolved by the City Administrator of the City of 6 Orono. If the City of Sprino Park disagrees with the resolution, the __ 7 City of Spring Park may appeal within thirty days upon written notice 8 of the resolution to the City of Orono asking for arbitration, as 9 provided in paragraph 15B. The City Administrator of the City of 10 Orono shall submit to the City of Sr�ng_P�r._ a monthly report of 11 services rendered to the City of _Soring_Park_ as well as suggestions 12 regarding any changes that may be helpful. 13 These reports will consist of copies of Bureau of Criminal 14 Apprehension Criminal Justice Information summaries for law 15 enforcement services rendered within the City of Spring Park These =6 reports shall be sent within seven (7) days of receipt by the City of 17 Orono. 18 5. Joint Advisory Committee. Each contracting city may appoint two 19 volunteer members to a joint advisory committee and the name of such 20 appointees shall be furnished to the City of Orono Administration. 21 These members shall be voting residents of each community. The 22 Joint Advisory Committee shall meet the third Wednesday of each month 23 to discuss and make recommendations, hear all evidence and arguments 24 it deems relevant and shall m 'e written recommendations for solutions 25 of the problems raised to the :ity Administrator of the City of Orono 26 and the City Courcil� of the contracting Cities. Any recommendations 27 made by the Committee shall be advisory only. 26 6. Officers, Employees o_f t_he City of Orono. Officers assigned to 29 duty in the City of S_prin_g_Park_ shall be police officers of the City 30 of Orono which City shall assume all obligations with regard to 31 workers compensation, PERA, witholding tax, insurance, etc. to such 32 officers. The City of Spring Park_ shall not be required to furnish 33 any of tte foregoing fringe benefits or assume any other liability of 34 employment to any officer assigned to duty within the City of 35 Spring Park unless the City of Sprinc Parkemploys officers 36 directly, independent of this agreement, to provide special law 37 enforcement services in the City of Sprinc? Park. In such event, all 3B obligations and liabilities with respect to employment of special law 39 enforcement officers shall be the complete responsibility of the City 40 of Spring Park_ . No such direct employment shall be entered into the 41 City of SDrinca Park without first obtaining written approval of the 42 City Administrator of thr, City of Oron( which approval shall not be 43 unreasonably withhel,1. I 1 7. Enforcement Polices. Enforcement policies within the City of 2 Orono shall prevail as the enforcement policies within the City of 3 Spri.ng _Park-__. The enforcement policies of the City of Orono shall 4 be provided in writing to the City of Spring Park, 5 8. Enforcement of Ordinances of the C i - of _Spring Park _ The City 6 of Orono officers assigned to duty within the City of Spring Park ------------ shall enforce that City's Ordinances. 8 9. All Officers to be Officers of the City of spring Park . The --- --- ---- - - --- ---- -- --- --- ------------ 9 officers assigned duty within the City of _Sp_ri_ng Park_ shall be 10 provided authority to enforce the several laws of the City by proper 11 action to be taken by the governing council of the City of 12 Sprinq_-Park ----. The Chief of Police of the City of Orono shall 13 furnish the names of all Orono police officers to the Clerk of the 14 City of spring_Park- and all such officers shall be appointed police 15 officers of that city. 16 10. Offenses. All offenses shall be charged in accordance with the 17 ordinances of the contracting city in which the offense occurred in 18 each case possible, otherwise, the charge shall be made in accordance 19 with the laws of the State of Minnesota or the laws of the Federal 20 Government. 21 11. Termination. This agreement shall remain in full force and 22 effect from January 1,1988 until December 31,19 88 and shall be 23 automatically renewed annually thereafter for each successive contract 24 year unless terminated by either party be serving written notice upon 25 the City Clerk of all contracting cities by October first of the 26 current contract year. 27 In the event that the City of St r) LrLq_ Park terminates this agreement 28 with or without cause, the City of Spring Park agrees to pay to the 29 City of Orono any of the extraordinary costs incurred by or within the 30 Police Department of the City of Orono an account of such termination; 31 said costs include but are not limited to unemployment benefits paid 32 because of the need to lay off existing police department personnel 31 and the sale of squad cars, occasioned by the need to reduce overhead 34 because of the termination of this agreement. Extraordinary costs 35 shall not include the costs of day to day operations of the police 36 department of the City of Orono at level of performance and quality of 37 it's choice. 38 PROVIDED, HOWEVER, that no such termination costs shall be imposed 39 unlesr and until the parties hereto have met with authorized 40 represr,ntatives frc.rr. rarh an,1 such termination c(,str have been 4 1 mutually agreed upon. In the event the parties are unable to reach 2 agreement, the matter shall be submitted to arbitration as provided in 3 paragraph 15B of this agreement. 4 12. Communications, Equipment and Supplies. The City of Orono shall 5 furnish communication equipment necessary to perform the services 6 which are to be rendered. The City of Orono shall provide the 7 necessary equipment and vehicles and the City of Sp_rina Park _ shall 8 provide any necessary supplies such as ticket books and forms, which 9 must be specifically printed for the City of •2nrircr Park . 10 13. Cooperation and Assistance from the City of _Spring Park The 11 City of Orono and the City of _Spring Park shall have full cooperation 12 and assistance from each others officers, agents, and employees. 13 14. Headquarters. Headquarters for the services rendered to the 14 City of SprinqPark under the agreement shall be located at offices 15 owned or leased by the City of Orono, and the citizens of the City of 16 Spring Park_ shall notify headquarters, or radio dispatch for services 17 requested either in person or by some other means of communication. 18 Services shall be rendered to the City of Spri.nq Park_ on a 24 hour 19 basis. I 1 . 15. Cost to the City of Sprinq_ Park , 2. A. Total Base Cost for and in consideration of rendition of Law 3. Enforcement services under this agreement, the City of Sor_ina Park 4. shall pay total base costs determined by the formula, as illustrated 5. below, for each contcact year. r W. r M M O A Sp .1 • O r O M r- �+ ~ ►'^ G 1 n fL M fD �G M F H �p nj �- r+ m '0 r• a r d r• 6< to a O s. a �- � «- � co �- c� �v ►� a ra 4V a s a o a ►- �- r• r' r r• a r� rt o O N o & a � .. H O � O r d a rt a O ►r v O G ' � O O' �l o � w O O kD O O� .'a %V W 9 a w .p -.D �O J .n F+ .n �O N %D �. N N z G W s OP oo K 'n OD C ae i OP C O .� vN Ln ON tj J1 ! ,, W O W W LO w e n i 8 I OPtv � �4 . 1•r a: N H O N p o a J • :/1 7 Ln Q . • • • da A. tJ rV D %J �I . A W W M aF ,� i d J n v .-. r•. 'C7 > V� b ►� •,`, tV ti N d .p �O 'l Ja ID w v+ O 2 C) N O A or s - O+ ar W Ln G • . .1 r . C < C) �! Zn O G 8 O ~ D IV C s C - S I C ID d CD N ID n tr►+ O N F,, N 0 DISTRIBUTION OF COSTS CITY OF ORONO POLICE DEPARTMENT 1998 ORONO - LONG LAKE - NTKA BEACH - SPRING PARR TOTAL ORONO LONG MTKA SPRING LAKE BEACH PARK Composite I Applied to All 100,0009 0.7094 S 0.1305 S 0.0646 B 0.0955 ! Base Budget 651,820.14 462,421.24 85,073.28 42,079.38 62,246.24 101 Admin. FEE 65,182.01 46,242.12 8,507.33 4.207.94 6,224.62 TOTAL 717,002.15 508,663.37 93,580.60 46,287.32 68,470.86 Tow.1 Aid 26,100.00 18,516.14 3,406.48 (9 x 2,650) 9 officers Total (NET Town Aid) 690,902.15 490,147.22 90,174.12 Cor_ract Charge 41,454.13 - - - - 8,620.16 Contract Charge S 190,000% S .4492fA Total Base Cost 732,356.28 490,147.22 108,794.29 Add' 1 Off i, .:rs Cost Town Aid (7 x 2,650) Net Town Aid Contract Charge 291.740.32 20,300.00 271,440.32 16,286.42 3 124,825.44 8, '?0'..00 116,125.44 6,967.53 1,684.93 2,492.45 44,602.39 65,978.41 9,210.00 13,623.96 .2"" % .3286 S 53, 81. i 79,602.38 4 166,914.89 11,600.00 155,314.89 9,31R.89 __AND TOTAL 1,020.0 83.02 490,147.22 231,887.-,, 53,812.39 244,236.16 I The factors of the formula shall be defined as fellows: 2 Population _of Each Contracting City_ The population of each 3 contracting city computed as of April 1, prior to each contract year 4 from the then most recent Metropolitan Counci l's estimate except in a 5 census year when there is a new census figure available by August 1st, 6 then that figure shall be used. 7 Assessed Valuation of Each Contracting City, The assessed valuation 8 of each contracting city is based on taxes due and payable for the 9 year immediately preceding the budget year. The source of the 10 assessed valuation data shall be the official figures of the Hennepin 11 County Assessor's Department. 12 Miles of Road of each Contracting City_ The linear miles of roads, 13 streets, highways, avenues, thoroughfares, and other public ways of 14 contracting city regularly or periodically patrolled by the police, as 15 determined by a qualified engineer. 16 Area (square miles) of each Contracting City_ The dryiand area, 17 expressed in square miles, as determined by a qualified engineer. 18 On August 15th of each year during which this contract remains in 19 effect, the City of Orono shall notify each contracting city of 20 preliminary cost for the next contract year. On September 15th of 21 each year the City of Orono shall notify each contracting city of the 22 estimated costs for the next contract year. The estimated cost shall 23 be paid in equal quarterly installments on J,-7uary 1, April 1, July 1, -� and October 1 of the n-xt contract year by the contracting city to the 25 City of Orono. 26 B. Art_ i t r a n. If the contracting city is aggreived by the 27 determination of the City of Orono as to the allocation of the actual 28 costs of the prior year's service, the contracting city may appeal 29 id determination within 30 days after receipt of the City of Orono's 30 audit. Said appeal shall be in writing and sha 1 1 be addressed to the 31 City of Orono asking ror arbitration by a board of arbitration. The 32 Board of Arbitratif)n shall consist of three persons; one to be 33 appointed by the City of Orono, one to be appointed by the appealing 34 contracting city, and the third to be appointed by the two so 35 selected. The name of each arbitrator shall be submitted in writing 36 to the other party. In the event that the two arbitrators so selected 37 do not appoint the third arbitrator within 15 days after receipt of 38 written notice of appointment of either of the first two arbitrator's, 39 the Chief Judge of the District Court of Hennepin County shall have 40 juridiction to appoint, upon application of either the City of Oronc, 8 1 or the appealing contracting city, tho third arbitrator to the Board. 2 The thirc arbitrator set acted shall not be a resident of either 3 contracting city, and shall be a city manager or administrator. The 4 arbitrator's expenses and fees, together with the other expenses, not 5 including counsel fees, incurred in the conduct of the arbitration, 6 shall be divided equally between the parties to the arbitration. 7 Arbitration shall be conducted in accordance with the Uniform 8 Arbitration Act, Chapter 572 of the Minnesota Statutes, and any 9 decision shall be rendered within 6t3 days of appointment of the third 10 arbitrator. Said arbitration shall be binding on both parties. 11 C. Contract Charge. The City of Orono has estimated that expenditures 12 in the Police Budget occur in large sums at irregular times in the 13 contract year. It is necessary to have a contract charge to assure 14 that any contracting city is not subsidizing the others. 15 Therefore, the City of _prince Park__ shall pay an annual contract 16 charge determined by the following formula for each contract year: 17 the factors of the Pase Cost Formula, as illustrated in Exhibit A in 18 Section 15A, will be the same excluding the City of Orono. The 19 contract charge to the City of Spring_ paik_ for the next contract year 20 shall be its percentage of the composite total of all contracting 21 cities multiplied by 68 of the total police budget, net of town aid, 22 as illustrated on Exhibit B, Section 15A. 23 The City of Spring _Park understands and agrees that it is impossible 24 to project with complete accuracy the actual costs for labor and 25 equipment as well as the service to be required by each contracting 26 city for the forthcoming contra_t year, and therefore, agrees to a 27 yearly aadit tc adjust the prior year's estimated contact charge as 28 set forth above to the actual contract charge used upon the actual 29 costs for that contract year. On or before Apr i 1 1 of each year, the 30 City of Orono will tabulate the actual post of Police Department 31 Budget for the prior contract year and will submit to the City of 32 SprinQ Park__ a sumamr ., of said costs. The actual costs set forth for 33 the prior contract year may result in either a credit or a debit 34 applied to the estimated contract charge to the City cf Suring Park 35 whether or not contracting city is still participating in this 36 agreement, and if a credit, it shall be deducted one half from each of 37 the third and fourth quarters from the estimated contract charge 38 payments required of the City of Spring Park during the current year 39 of service; anti if a debit, the City of Sprina Park_ shall pay the 40 additional sum to the City of Orono together th the estimated 41 contract charge for the current year by adding ont_ half of the debit 42 to each of the third and fourth quarter payment. The al location of 4� th- credit or d* t,it :.hall he mal(( pursuant to the same• forrr.ala set W I forth above. 2 15D. Cost to Long Lake - Additional manpower. The cost of additional 3 manpower above the bass cost contract to the City of Long Lake, shall 4 be determined as follows: 5 The actual salary of officers assigned to the City of Long Lake shall 6 be computed. To this salary figure will be added at a percentage of 7 the total overtime budget for all officers divided by the number of 8 all of f icers times the number of speci f is of f icers, 88 hours of 9 holiday pay at the hourly rate, wearing apparel, hospitalization, life 10 insurance , memberships, workers compensation and pensions calculated 11 at the salary figures abnve. This total is then added to the total 12 cost per contracting city (total net of town aid plus contract charge) 13 for Long Lake to determine cost of service for Long Lake for the new 14 budget year. This procedure is illustrated in Exhibit C. This cost 15 wi 1 1 be an actual cost. 16 It is understood that the City of Long Lake may, (Ille to budget 17 consideration in any contract year at the beginni:)g of the contract 18 year, adjust the number of additional officers in which event they 19 shall pay all those extraordinary costs as outlined in paragraph 11. 1P BUDGET LONG LAKE PROPOSAL EXHIBIT C 3 Sworn Officers Projected 198 8 Salaries 92,514 Overtime At a percentage of the total 5,077 Holiday Pay 88 hours at hourly rate 3,877 Wearing Apparel 975 Workers Compensation 5,828 P.E.R.A. .12 11,059 Hospitalization, 5,414 Life Insurance Membership 60 Town Aid Credit 3 x 2900 8,700 qubtotal 124,825 68 Contract Charge 6,967 See Exhibit B - Base Cost 85,073 Entire Cost of Service 231,887 15E. Cost to Sprins Park _ Additional m_a_nPowFr_ The cost of additional manpower above the base cost contract to the City of Spring Park, shall be determined as follows: The actual salaries of officers assigned to the City of Spring Park shall be computed. To this salary figure will be added at a percentage of the total overtime budget for all ctficers divided by the number of all officers times the number of specific officers, 88 hours holiday pay at the hourly race, wearing apparel, hospitalization, life insurance, memberships, workers compensation 1 2 3 4 5 6 7 6 9 and pensions calculated at the salary figure above. This total is then added to the total cost per contracting (-ity (total net of town aid plus contract charge) for Spring Park to determine cost of service for Spring Park for the new budget year. This procedure is illustrated in Exhibit D. This cost will be an actual cost. It is understood that the City of Spring Park may, due to budget considerations in any contract year, at the beginning of the contract year adjust the number of additional officers, in which event they shall pay all extraordinary costs as outline in paragraph 11. 1986 BUDGET SPRING PARK PROPOSAL EXHIBIT D 4 Sworn Officers Projected 198g Salaries 123,591 Overtime At a percentage of the total 6,729 Holiday Pay 88 hrs x hourly rate 4,238 Wearing Apparel 1,300 Workers Compensation 8,320 P.E.R.A. .12 14,831 Hospitalization _ _ _ _ _ _ _ _ _ _ _ _ _ 7,936 Life Insurance Memhe:ships 80 Town Aid Credit 4 x 2900 11,600 Subtotal 155,315 68 Contract Charge 9,319 See Exhibit B - Base Cost 62.24E Entire Cost of Service 244,2?6 1 16. Hold Harmless and Indemnification. As part of the Police Budget 2 for each contract year, the City of Orono purchases liability 3 insurance to insure the City of Orono against liability incurred in 4 the rendering of law enforcement services to the City of _Spring_Park _. 5 However, the amount and extent of insurance coverage may not be 6 sufficient to insure the City of Orono completely and to pay all 7 expenses incurred by the City of Orono, including attorneys' fees and 8 judgements rendered against the City of Orono. Therefore, the City of 9 Orono exposes itself to potentially underinsured and noninsured 10 liabilities. Notwithstanding any language to the contrary herein, the 11 City of Sp_rina Park agrees that the City of Orono is faced with such 12 an exposure and therefore the City of S_nrir,n, Park_ agrees to hold 13 harmless and indemnify the City of Orono, its employees and agents for 14 any loss or damage of any kind whatsoever caused by the rendering of 15 law enforcement services in the City of _Sor.inq ParK to the extent _ 16 that the loss or damage and all expenses related thereto are not 17 covered by the insurance policies of the City of Orono in effect 16 during the contract year in which the act or alleged act giving rise 19 to any claim for loss or damaged occurred. 20 In no event shall this agreement be construed to fix upon City of 21 Orono any responsibility or liability to the City of _Snrina_Park or 22 to third parties which are greater or. different in kind then the 23 responsibilities and liabilities borne by the city of Sorina ParK if 24 it were providing such services through its own police department. 25 Without limiting the generality of the foregoing, the police chief -f 26 the City of Orono or his designee will have the sole discretion as to 27 the officer and equipment that will answer such call, and it shall not 28 be a violation of this agreement nor shall the City of Orono be held 29 responsible to the City of _Sprinq Park or to a third party for any 30 loss which may re:;ult in the event that the City of Orono, in the 31 exercise of reasonable judgment, is unable to respond promptly or to 32 respond with only limited officers and equipment, or is delayed in 33 responding to a .:all by reason of answering a previous call. The City s4 of Sprina_Park_ agrees that it will hold harmless and indemnify the 35 City of Orono for any judgement rendered against it or sums paid out 36 by it in settlement, payment or defense of any such claims to the 37 extent they are uninsured or underinsured arising out of any calls for 38 police services to be rendered in the City of _Spring Park. 39 17. Not withstanding any of the above, the contracting •ities shall 40 have the right to approve any proposed capital expend 4 t,ires and,�or 41 increase in numher of officers not otherwise included ii. :he annual 42 budget. Notice of such proposed and non -budgeted capital expenditures 43 and/or increase in the numhrr of officers shall h-, given in writing to 44 the contracting cities prier to at-tual expenditur, for such items anJ 13 1 the contracting cities shall thereafter have until their next Council 2 meeting in which to approve and/or disapprove the same in writing or 3 else it is agreed that such proposed expenditures may be made and the 4 cost therof shall be included in that year's budget. In the event the 5 contracting cities shall disapprove such non -budgeted capital 6 expenditure and./or increase in the number of officers, it shall not be 7 liable to the City of Orono for any costs incurred by the City of 8 Orono should the non -budgeted capital and/or increase in number of 9 officers be made despite such disapproval. Furthermore, the cost of 10 such disapproved capital expenditures and/or increase in number of 11 officers shall not be computed in determining the "Base Cost" or 12 "Contract Charge" herein above set forth for each contracting city for 13 the years in which the disapproved expenditure(s) is/are made. 14 18. Prior Contract. Notwithstanding any language herein to the 15 contrary, or in prior contracts between the parties, any credit or 16 debit due to the City of -Spring Park- or to the City of Orono on 17 account of prior agreements and contracts for law enforcement between 18 the parties shall be payable in 1989 as provided herein fcr credit or 19 debit payments payable in 1989 _ and therafter. 20 19. Police Contract Service Explanation. Under the basic contract the ------------------------------- 21 City of Orono will deliver 24 hour patrol and response throughout 22 Spring Park and Long Lake and will conduct routine patrol throughout 23 the city with the basic contract as needed, and will conduct periodic 24 security checks of businesses (commonly called door rattling), and 25 will conduct such duties s requested by the council. They will 26 submit regular reports to the city officials and appear at c.3uncil 27 meetings or any other special meetings as required by the council. 28 This can be the Chief or any other member of the department as 29 required by the council. 30 The department has a good public relations record and has well trained 31 officers. Four officers which were requested by Spring Park and which 32 will be assigned to Spring Park by mutual consideration between the 33 City of Orono Police Department and the Spri-g Park Council. 34 The department has a good public relations record and has well trained 35 officers. Three officers which were requested by Long Lake and which 36 will be assigned to Long Lake by mutual consideration between the City 37 of Orono Police Department and the Long Lake Council. 38 The Department has very well trained officers especially in first aid. 39 They are well trained in the technical aspects of the law and they 40 have a good public relations history. TraininC is a continuing 41 procecs as required by P.O.S.T. and is a requiremr-itof the philosnphy 14 1 of this department. 2 20. Duration of Contract. Notwithstanding lines 18, 19, 20 & 21 of 3 Page 1, or lines 21, 22, 23, 24, 25, & 26 of Page 4, this agreement 4 shall be effective January 1, 1987 and shall continue in full force 5 and effect until December 31, 1989. However, the duration of this 6 contract shall not exceed three years. All contract cities signing 7 this addendum agree to participate in a pro rata share of all the 8 operating costs of the departments total base cost based upon a 10 9 officer department. It is understood that the formula for allocation 10 and the distribution of costs will be calculated yearly as stated in 11 the contract in lines 18 through 25 of Page B. It is further 12 understood that the cities of Long Lake and Spring Park may, due to 13 budget consideration in any contract year at the beginning of the 14 contract year, adjust the number of additional manpower. 15 21. The City of Orono agrees that during the period of this contract, 16 it will not, within the State of Minnesota, discriminate against any 17 employee or applicant for emplo.•ment because of race, color, creed, 18 sex, national-.,riyin, or ancestry and will include a similar provision 19 in all subcontracts entered into for the performance hereof. This 20 paragraph is inserted in the contract to comply with the provisions of 21 MN Statutes 181.59. CITY OF ORONO CONTRACT I 7G CITY ------------------------------ City Administrator Clerk F n« City of -------------------------- ---------------------------------- —ter .---, '-------------- Mayor yor / The above agreement was reviewed and approved by the City Council of the City of ------------ by Resolution No. dated — -------------------. 19 . The above agreement was reviewed and approved by thk City of by Resolution No. ------ dated 19 . City Council of the ---------------------' 16 1[:87.3 d� a TO: Mayor and City Council �,6 FROM: Mark Bernhardson, City AdministratIll DATE: December 9, 1987 SUBJECT: Letter of Agreement City of Orono/Metro Waste Control - Orono -Minnetonka Beach Interceptor Project Attachement A. Orono -Minnetonka Beach Interceptcr Memo Dated August 5, 1987 (Memo without Attachments) B. Graft Letter of Agreement ISSUE - Approval of letter of agreement outlining the conditions under which the City of Orono approved the project for the upgrade of the Orono -Minnetonka Beach Interceptor Project. INTRODUCTION_ - As noted in Attachment A the "ouncil agreed in principal to the terms outlined for the Orono -Minnetonka Beach interceptor project. Because of the desire to document in a letter of agreement those issues between the City and MWCC together 7 putting Metro Waste officially on notice as it relates various permit requirements the City felt it appropriate that letter of agreement he transmitted to Metro Waste Contrc,t. The one change has been that the location of the new lift station is on City rather than County owned property. RECOMMENDATION - It is recommended that Attachment B be adopted as a letter of agreement submitted to Petro Waste Control Ly the City Administrator on behalf of the C 0 Council incorporate the terms under which the City has approved the construction of the project. PROPOSED MOTION - Move(' by , seconded by , *hat the Council direct the City Administrator to transmit '.he attached letter to Metro Waste Control regarr'' the terms under which the Orono - Minnetonka Beach interce 7onstruction has been approved subject to other appropriat a use control reviews. Ayes Nays 12987.7 Metropclitan Waste Control Commission 350 Metro Square St. Paul, MN 55101 Attn: C. R. Payne, Assistant DirActo[ of Enginoering Dear hay, The followinn is our understanding of the conditions for the MWCC to construct alternative 3B of the Orono Minnetonka Beach T terceptor project 86-51. Orono will allow MWCC to construct a lift Station in City right.-cf way adjacent to Her,--�pin County North Arm boat L ;n-- It station will .e set at an elevation tr• a, 1x iow from the west for future e :nati lift station #10. Or"... wi manent ,ement to MWCC for lift station. Orono will acq,., r,! ! Pmpor y easement from property owners to the west to allow construction of the lift station. Orono will accept maintenance of gravity sewer lines no longer needed by MWCC. Orono will accept maintenance of two grinder stations constructed as a result of project 86-51. Grinder stations shall he of ' he type specified by the City of Orono. Orono v-' A.1 contribute to MWCC $3,500 p•.r year for 2 � years to offset the cost of placing the lift station 3t a locat : or requested by - -i ty of Orono. Orono wil assist MWCC in the public hearing process. MWCC must apply for the necessary conditi:—al use permics f-)r the construction of Project 86-51 as required in oror.o zoning code::. Sin(--r-r-_ly, Mark E. Rernhardsor, City Administrator 61287.4 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratot�� DATE: August 5, 1987 1 SUBJECT: Metro Waste Control Commission - Orono - Minnetonka Beach Interceptor Improvements A'tachments 3onestroo Letter Dated 4/9/36 �;. Orono Council Minute& Excerpt 4/14/56 C. Bonestroo Letter Dated 8/7/86 D. Orono C-)uncil Minutes Excerpt 8/11/bv E. Orono Council Minutes 10.127/86 F. Bortestroo Letter Dated 11/13/86 G. Orono Letter Dated 4/28/87 H. Metro Waste Control Commission er Dated 5/13/87 I. Metro Waste Control Commission Letter Dat-d 7/27/87 ISSUE - Determination as to whether the City of Orono wr,,ld accept the conditions proposed by Metro Waste to the nroje to onstruct the alt,_ rnative orig.nal ly rPcom;. ^ndeu ana prove(, Ch,F City of Orono. INTRODUCTION - As noted in Attachment n the City (,f Orono gave TUs—En- li—T approval wi -,h Alternate n Metro Waste Control C mmissic,,i or, August 11 , 1986. Subseq on October 27, 1986 the _'.1 agreed 1-o the conditio.. ad in the minutes. Surj.;.+:1•i,;er* to that, Metro Waste Control 4, .nm.- determined that their desired alternative was alternativ, which would cost them about $239,000 less .n capital costs truct. The reason the l;'ty of Orono desired tc in ith 3B way 31 ) •ed the City to replace a force main and with ri . ity line for about the- same cep;. and i new pug• nil 'one in the next 1-2 year-i. it would eliminate .cenance cysts of apprc;:in-ately $3,500 per year. would eliminate cnr'.her :­•placea(:nt of that pt.... gars. During these r4-,;cussio, s, -:re City irdict he willing t•;) trace .-ff this ar•nua' cost f-- of the- difference in the capit cost t.. riefray M.... _o ;^ontrc;l r-)mmissi •o+na with ltt . nat 3^. As note.. t -•chment , hr)wev(, he Metro Waite Contc-,�l Commiss i,.n felt tha` there is a $10, 50to per year annual •ed cc_vzt difference of going, with 3B, which results no benefit to either pa,ty. staff negotiates with MWCC and ,.ire payment sore. `tat reeuce,. but t i t i not to :.n agreeable arrangement. V'SCUSS - The Metro Waste Contr Ccm.mission ha!, now offered Nnscb, alternative `'38" - the on. appr _)ved by *he City last .all if the City will ac:.ee to the lollowi:•s, A) I. , c rav it- tines for Ci t• maintenance (Pr!_ v ious ly agl: to 19/1 B1-1r-ept 2 grinder :tatiors for City maintenance (. .evious.y agr_zd t 1 19/86) fC) .:ontribute $3530 per year for 20 years (T',e equivalent cost of eliminating the pump) D) Obtain t1roperty from Hennepin County for location of lift station ECity assistance in processing of necessary variance and conditi,.nal use permits for system construction, to be in acc:rdance with City Ordinances. (P :viously agreed to 10/86i As r. .ted, this is a significant change from the MWCC's position .n May and is one that staff feels appropriate in recommending 5t,bject to the project reciving the necessary permits and the ability to obt,-.0n the land : om Hennepin County on reasonable terms. This change has been in part brought ahout by extensive work on the matter by the Metro Waste Control representative from this area, JoEllen ?burr. PROPOSED MOTION - Moved by,L�, seconded by �� the?z the City Coun.;il of the City of Orono agree to accept the terms of the agreement that the City in exchange for the construction of alternative "3B', Lill take over the gravity lines and grinder stations seecifi, . obtain prorert� ,'om the County Department of Tranportation a , direct staff IC As-,ist Metro waste Control Commission in seeks.-, the appropriate condit,.onal use permits order to construct the interceptor. This is contirgent Hennepin County transfering the appropriate property to Me Waste on terms deemed acceptable to the City. Ayes, Nay:; �. cc: '),r.l.1 'Iurr, MWCC Rcpresentative 12987.2 TO: Mayor and City Counci'. ��`` FROM: Mary Bernhardson, City Administratorw/b DATE: December 9, 1987 SUBJECT: Part Time Patrol Offic I7mployment Attachment A. Kilbo Memo Dated 12/10/87 B. Hiring Authority Dated 7/8/87 C. Breimhorst Resignation Dated 11/4/87 ISSUE - Appointment of an individual as a p�nrt time officer durrnq the absence of full time Officer Mike KirnyczL;k subject to the applicant successfully completing a rsychololical and physical test. INTRODUCTION - As noted in Attachment B the City authorized the hiring of a part time officer this summer to provide patrol assistance during the period that Mike KirnyczL,k has been unable to perform his duties. The City originally hired William Breimhorst for a period of approximately four months, but Mr. Breimhorst '-.hen took a full time job with the City of Minnetrista. As noted in Attachment C the City has reviewed the status of Mr. Kirnycziik's condition which at this point looks like it will be a minimum of five to six months before he would be able to return to duty at the earliest and therefore feels that the City should again appoint another part time office,. DISCUSSION A. Program - Use of a qualified part time officer has prover, to be beneficial to the Police department in handling the work load while Officer Kirnyczuk has been injured. The part time officer program does allow for flexibility to fill in the most critical shifts on the schedule. It 's felt this program should be continued on an "- needed" t S. n. Individual - The City has reviewed the applications of addit,3nna1 part time officers and has interviewed three indiviOuals for this position. Based on those interviews it is recommended that the City appoint Michael D. Carlson for the position subj( to his successful completion of the appropriate psychological :4 physical tests. If for some reason Mr. Carlson is not hired r „u ld rec. •mh!end appointment of Rol Olson. ALTERNATIVES - A. Or anizatio_nal c - f._Hiring of an individual as a part time police officer. 2. Withdrawing from staff the authority to hire any part time police officer. B. Meetinq actions I. Grant the authority to hire Michael D. Carlson and a, an alternate Robert Olson. 2. Table the matter for further considerat:,n of individual. 3. Table the matter for further discussion and information regarding the part time officer program. RECOMMENDATION - It is recommended that the City hire Michael D. Carlson as a part time police officer commencing December 21, 1987 at $6.50 per hour for a period not to exceed six months without further Council approval or until Officer Kirnyczuk either returns in .3 full capacity or staff requests authority to hire a full time officer as a replacement for Officer Kirnyczuk, further recommenrl that if Mr. Carlson is not hired that the Council aut r-i7es the hiring of Mr. Robert Olson. PROPOSED MOTION - Moved by , seconded by , the the City hire Michael D. Carlson as a part ime police officer commencing December 21, 1987 at $6.50 per hour for a period not to exceed six m^:,ths without further Council approval cr until Officer Kirnyczuk either returns in a full capacity or staff requests authority to hire a full time officer as a rst lacement for Offices Kirnyczuk, further recommend that if Mr. C,irlson is not hired that the Council authorizes the hiring of Mr. Robert Olson. Ayes , Nays CC: chief Kilbo DATE: December 10, 1987 TO: Mark Bernhardson, City Administrator & Orono City Council FROM: Melvin Kilbo, Chief of Police SUBJECT: Authority to hire - part-time officer I am requesting authority to hire a licensed part-time officer fir 1988. As you are aware, Officer Mike Kirnyczuk was injured can duty in February of 1987. He broke his ankle in three places, :slipping on ice while answering a false alarm call. He had plates inscited by surgery, was undergoing therapy, but as of 12-4-87, hao had complications set in, making recovery date very uncertain. I would employ the licensed part-time officer two to thrPf- Hays a week to cover shifts that are difficult or impj55ible to fill by utilizing regular personnel on overtime. I would pay this of- ficer $6.50 hourly and have an abbreviated field training period. I have located a licensed officer who recently worked for the South Lake Minnetonka Public Safety Department on a grant in the investigation of narcotics. His name is Mich; !1 Dale Carlson from Ramsey, Minnesota. Mr. Robert Olson is employed as a sales manager forabeverage distributing company. fie has recently completed his training and works part time as a partol officer for the City of Farminton. He served 9 years on the Bloomington Rescue squad and four with the Bloomington Police reserve. 72387.3 dG J�37 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: July 23, 1987 SUBJECT: Approval to Hire Willia;a Breimhorst - Part Time Officer Attachment A. Authocity to Select/Part Time Officer Dated 7/8/87 ISSUE - Approval to hire William Breimhorst as a temporary part t mi a patrol officer. INTRODUCTION - The mo4ion in Attachment A was adopted by the Council on July 13, 1987 to autnorize selection of an officer part time to be used until Officer Kirnyczuk is able to return to work or December 31, 1987 which ever comes first. DISCUSSION - The Chief and myself interviewed two applicants for the position following an initial interview by Lt. Cheswick. RECOMMENDATION - Based on the ii—erviews the Admi-iistrator recommends approval to hiring William Breimhorst as a hart time Patrol Officer subject to his passing a physical and psychological testing. Mr. Breimhorst currently works part time as a part time officer with Minnetrista, a position in which he will. continue. (Th's wall not conflict with Orono's needs) Additionally he has been employed as the Pastor of Fairview Covenant Church, a position he is resigning effective August 15, 1987 to pursue a career in law enforcement. tie has completed the course work in law er" -cement at Normandale and is a licensed part time Police OffiCeL. This is in addition to educational work for a Bachelor's in Business Administration and a Masters from Bethel Seminary. PROPOSED MOTION - Moved by , seconded by , that subject to successful completion of physical and psychological testing that Mr. Breimhorst be hired at 55.50/hour plus prorata benefits effective as early as 1 Aug-iSt 1987. This would be for an average maximum of 24 hours per week and will terminate upon Officer Kirnyczuk's return to work or December 31, 1987 which ever is earlier. Ayes __, flays — DATL: July 8, 19 R7 TO: (dark Brernh.,rc3r>(>n, City Adr,ini::'r.itcr & Orono City Council FROM: Chief Melvin Kilbo RE: Authority to ;lire - - Part Tir-e officer I am requesting authority to hire a licensed part-Eitne`VoW'0' Gi;Q ficer for the remainder of the year. As you are aware, Officer Mike Kirnv czuk was injured on duti in February, 1987. He broke his ankle in three places, slipping on ice while answering a false alarm call. Pe had plates inserted by surgery, was undergoing therapy, but as of 7/7/87, has had complications set in, making recovery date very uncertain I would employ the licensed part -tine officer 2-3 days a we, cover shifts that are difficult or impossible to fill by utilizinc gular personnel on overtime. I would pay this officer $6.50 hourly and have an abbreviated field training period. I have located a licensed part -tire officer who also works for Minnetrista, Mr, William P-oimhorst, 1155 Cty. Rd. 19, Minnetrista, 553E4. St. Boni- Minnetrista Police will take ;.im full time if they get authority to hire on l/l/88. He has worked for thorn two years .:s part-time. we also have two reserve officers who can qualify for part-time license after approx. September, _987. This could be an opportunity to see if part-tir..e officers right be of assistance to nagging temporary manpower problems. _ To: Mayor Grabek and Orono Council Members Frog: Mark E. Bernhardson, City Administratur Fors• -rated recommending approval. Funding would he from "savings" with Mr. Kir: Xrk being off plus overtime saved to fi.11 i In the past, the City ha4 ne a joint -powers agreement with the . ty for a deputy sheriff. ',Lase City would like to explore this optigq to ee if part-time officers may be a way to address some of the •C-acrr�iy�r ersonnel needs, particularly it this type of situation. while the requirements are somewhat less than for full-time officers, they need to meet the part-time licensing requirements including a part-time testing process, psychological and physical. In addition, the Cipy,,vQu�d require that they hay.e},jqompleted the two Zears of schooling plus cerapief"'16e skills required .oear in -field tzaini�g'bfficer. They will always be on with another police officer. If .;ranted permission, we would go through the selection process rand bring bs.ck a name for approval. PROPOSED MOTION: Movee , seconded 0 The Orono City Council authorises creation of a part-time position in the Police Department for the period of August 1, 1987 to January 1, 1988 or until officer Kirnyczyk returns to full duty, whicheper is first. Further, it authorises staff to uk,dertake selection of an 11.6ividua1 for the position to be brought to Council for final hiring av*'•)rit,+. Ayes _, nays _ cci Melvin Rilbo, Pol: f 11487.2 TO: I'•layor and City Council L, FROM: Mark Bernhardson, City Administrato P DATE: November 4, 1987 SUBJECT: Resignation/William Breimhorst Attachment: A. Letter of Resignation - William Breimhorst I � ►�87 ISSUE - Acceptance of William Breimhorst's resignation as a part time_ patrol officer. I_NTR_ODUCT_I_ON - Mr. Breimhorst was hired as a part time replacement in July to provide some coverage during the injury on duty absence of Mike Kirnyczuk. DISCUSSION - Mr. Breimhorst has accepted a full time position with_the_St. Bonifacious- Minnetrista p:,lice department. His empnt period, although short, has been of great assistance. Cur y staff is ,corking to evaluate the recovery progress of Officer Kirnyczuk. Based on his progress and anticipated level of police activity, staff will be evaluating the need for additional part time assistance. RECOMMENDATION - Acceptance of the resignation with thanks for his excellent work. Additionally request authority to seek an additional part time officer if deemed ap?ropriate as a substitute for Officer Kirnyczuk pending hi- rec, y. PROPOSED MOTION - Moved by _ , sect -d by the Orono Council accepts the resignation of willir 'reimhorst as a part time officer effective November 9, 1987, tanking him for a job well done. In addition Council authorizes staff if deemed to be needed to seek a replacement until Officer l;irnyczuk's return subject to Council approval of the individual selected. Ayes Nays October 30, 1987 Chief Mel Kilbo Orono Police Dept. Dr. Chief Kilbo; It ib with mixed feelings that I submit my res1'9natit>n as part- time officer with Orono P.D. for the following reasc,. On October 29, 1987 St. Boni/Minnetrista offered me a full time position with their Dept. I will officially begin there November 9, 1987. I wish to say that my experience with Orono P.D. has been one thit I have enjoyed tremendously. Thank you for the opportunity to be a part of this Dept. Sincer ; William H. orst c/c Lt. Cheswick Lt. Erickson 14 ' "Q87.I TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator�� DATE: December 9, 1987 SUBJECT: Police Recognition - James Morowczynski - Chip English Mark Moran URG&C Attachment A. James Morowczyns'i Resolution B. Irving (Chip) English Resolution C. Mark Moran Resolution ISSUE - Adoption of attached resolutions of recognition for individual City employee efforts. INTRODUC_T:ON - With the success of the 1987 drug enforcement program credit go s to all the members of the Police department including Natalie Welsh and other members of the Reserve force. Primary recognition however, should be given to the three individuals listed above. These individuals have been the ones most instrumental in making the- program a success through their own motivated efforts. RECOMMENDATION - It is recommended that the attached resolutions _ be adopted-. _ PROPOSED MOTION - Moved by , seconded by , to adopt resolutions number through recognizing the contrihutions of James Morowczynski, Chip English, and Mark Moran and the Council fu-ther would like to congratulate and thank all the members of the Police Department who have made this program suci, a success in 1987. Ayes Nays cc: Mel Kilbo, Police Chief RESOLUTION OF RECOGNITION OFFICER JAMES MOROWCZYNSKI WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota, and WHEREAS, the City of Orono does take the opportunity to recognize its outstanding employees, and WHEREAS, the Orono Police Department in March, 1987 changed its policv toward drug enforcement to focus on the ultimate user and eet level dealer, using only uniformeu personnel; and WHEREAS, Officer James '4orowczynsk1 made a routine traffic stop, and being alert for drugs and paraphernalia, r- made an arrest for a small amount of marijuana. Fie was able to develop the suspect into making a controlled buy from his supplier. The pplier was in another community and contact was established thaled to substantial numbers of arrests. Officer Morowczynski further assisted other officers in developing informants. WHEREAS, Officer Morowczynsk: worked many hours with another agency with use of informants develo•)ed by our officers. He farther planned search warrants and arrest procedures which culminated in arrests of 13 individuals and seizure of marijuana worth over $17,100, cocaine worth approximately $6,030 and numerous other drugs. NOW, THEREFORE BE IT RESOLVED, Officer James _zynski be recognized for his attention to duty, his of narcotics procedure, and service to the City. Adopted by the Orono Ci ty Counc i l on th 14th day of December, 1987. ATTEST. tamer R. Grabek, Mayor -- --- -- Dorothy M. Fla) -tin, City clerk RESOLUTION OF RECOGNITION OFFICER IRVING "CHIP" ENGLISH WHEREAS, the City of Oro:,r; is a municipal corporation orgF-sized and exist: ng ­^ ,'r, th,- laws of the State of Minnesota, and WHEREAS, the of -)r nnc. does take the opportunity to recognize its out,3tanding ( arid WHEREAS, the uros. i .,,! Department in March, 1987 changed its policy toward a enforcement to focus on the ultimate uFar and the :.trect levcl dealer, using only uniformed personnel; and WHEREAS, Off icet Irving "Chip" English made a routine traffic stop, being alet for marijuana and paraphernalia and made an arrest for a small amount of marijuana. a 1 ked to the suspect and was able to convince the suspect to n a controlled ►y from his suppliar. This informant made a number of gnif' ant purchases for the Department. ofFicer English veloped a great number of misdemeanor cases, be ►ing a model for other officers to follow. He particir3'll its many starch warrants and surveillances in which informant were wearing body microphones so that the Department could document the purchases. NOW, THEREFORE BE IT RESOLVED, Ofi .cer Irving English be recognized for his attention to duty, his knowledge of narcotics procedure, and service to the City. Adopted by the Or, -no City Counci 1 on this 14th day of December, 1987. ATTFS', James :2. GrAbek, t•!ayor Dore M.-ilafTn, City Clerk RESOLUTION OF RECOGNITION OFFICER MARK MORAN WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota, and WHEREAS, the City of Orono does take the opportunity to recognize its outstanding employees, and WHEREAS, the Orono Police Departm.:nt in March, 1987 changed its policy tr•ward drug enforcement to focus on the ultimate user and the street le •el dealer using only uniformed personnel; and NHP ,'6.1S, Officer Mark Moran conducted surveillance on a drug dealer bell i to be number seven in standing in the State by the SCA. Officer Moran collected evidence through hours of surveillance including search of dealer's garbage. This Investigation resulted in a search warrant which revealed a connection to Columbia and resulted in an Internal Revenue Investigation; and WHEREAS, Officer Moran on another occasion made a routine traffic stop, found trace amounts of cocaine, and then successfully interviewed the driver and passenger to develop probable cause which culminated in a search warrant. The search revealed 25 grams of 96% pure cocaine, which when cut to street level percentage, wr '-d bring $30,000 to the dealer. This was a significant arrest; and WHEREAS, officer Mark Moran contributed greatly toward the total of 72 misdemeanor trace amount arrests and participated with Officers Morowczynski and English in execution of 14 warrants at the close of our summer effort, putting in numerous 16 hour days. NOW, THEREFORE BE IT RESOLVED, of'cer Mark Moran be recognized for his dedication, perserverance, and attention to duty, making Orono a safer place to live. Adopted by the Orono City Council on the 14th Day of Decerber, 1987. James R. Grabek, Mayor ATTEST: 66r6F6y-R.;-'BaTTTn--CTE9'Crefl------ 12486.9(37, TO: Nark E. Bernhardson, City Administrator FROM: Tcr: Kuehn, Finance Director,/lK DATE: December 10, 1987 - - SUBJECT: 1987 Interfund Transfers and Loan Payments At the end of each ;ear it is necessary to transfer monies between certain funu.s for the purpose of providing support as budgeted or for repay^ nt of outstanding loans, as scheduled. The necessary transactions for 1987 are listed below. FUNDS FROM__ _ TO _. AMOUNT PURPOSE General Imp i Equip Outlay 44,910.00 Annual operating transfer for capital equipment, new and replacement as budgeted General Bldg Cap Project 20,000.90 Annual operating transfer for buildings replacement as budgeted Sewer Operating 1966-76 16,536.90 Repayment of Metro waste Special Assessment Control debt credits, 44 of 6 - balance o/s 12/31/87 $V ,824 General Imp 6 equip outlay 5,691.90 Budgeted loan payment (print $ 5 , 174, i n t $517) for street dept tractor/loader/backhoe - final payment. General Imp i Equip ^utlay 4,420.00 Budgeted loan payment (print $4,955, lnt $365) for street dept dump truck - final payment Water nperatinq Sewer Operating $ 3,969.09 Budgeted loan payment (pr inc $ 2 , 443, i n t $ ,466) for water tower refurbishing - payment 46 of 10 - balance o/s 12/31/87 512,215 FUNDS___ FROM TO AMOUNT PURPOSE General 1985 Imp Bond $ 7,045.00 Budgeted payment of 2nd Debt Service installment of 15 for special assessments for sanitary sewer on City owned property in Crystal Bay (print $3,080, int $3,965). Balance o/s 12/31/87 $40,017 Park 1980 Imp Bond $24,857.80 See Note 1 Debt Service General 1982 Imp Bond $19,781.68 See Note 2 Debt Service Note 1. At the November 23, 1987 Council meeting four tax forfeit parcels were retained by the City to be used for park purposes. As there are delinquent unpaid assessments of $24,857.80 (consisting of $16,784.34 principal and $8,074.46 interest) this amount should be transferred from the Park Fund to the 1980 Improvement Bond Debt Service Fund. Note 2. At the time the public hearing was called for the Navarre Street Improvement Project 82-2 by Resolution 01516 it was determined the City would pay for that portion of the improvement abutting the City owned water plant property. However, when the assessment rolls were prepared in Resolution 41528 the City property was correctly omitted but no mention was made as to payment of the City (hare. As the final collection year is 1988 we should now pay off the principal of $15,265.40 and interest of $4,516.28 outstanding by allocating $19,781.68 from the 1987 General Fund Contingency Budget to the 1982 Debt Service Fund. It is requested that the foregoing transfers, loan and special assessment payments be approved effective December 31, 1987. Tot Mayor and City Council tti1 �j1 FROM: Mark Bernhardson, City Administratoxt1b ISSUE Approval of end of the year transfers between funds. INTRODUCTION At the end of each year the Council is requested to formally transfer monies between funds. These transfers fall into two catagoriesj a.) Budgeted Transfers - Items designated in that years budget when originally approved. These require formal fund transfer to implement. L.) Fund Obligations - Loans and payments from one fund to another to reimburse expenses incurred by one fund on behalf of another. This is generally for City portions of special assessments. ALTERNATIVES 1. Adopt 2. Table for Further information. While not mandatory it is helpful to transfer prior to the end of the year, b,tt either case would be effect 31 December 1987. RECOMMENDATION Recommend approval. PROPOSED MOTiON - Moved by __, �econded by _ that the intertund operating transfers, loan payments and special assessments payments on City property hc• approved as proposed, effective December 31, 190. Ayes , Nays 12987.5 L' TO: Mayor and City Council FROM: Mark Bernhardson, City Adminlstrato�/'�f. i DATE: December 9, 1987 SUBJECT: Administrator's Information 200 HOLLANDER ROAD - On December 2nd Judge P. Lindberg issued an order that allowed the City to take down the barn on the Hollander property. The City is currently working to determine if the property owner is willing to take it down now that the order has been issued. The City will be obtaining quotes from a contractor to have the building removed and the property restored in a timely fashion subject to assessment of all costs. 3536 LYRIC AVENUE - The City has issued lettert and citations on ieleHWvioletlons on the property. The of -r problems on the property continue and the City is attemptin': o take appropriate actions. 4635 TON_RAVIEW - In an order dated November 18, 1987 the Judge ordered tAaE tT�e property owns- had until February 28, 1988 to remove the property and if not so removed the City could then undertake removal and assess the costs against the property. (This property is Tract D in application 11226) COMP PLAN AMENDMENT 02 - As noted in the goal setting status the Alin was received by Metropolitan Council on November 15, 1987. In a letter dated December 2, 1987 they have indicated that they will be undertaking the full 90 day review and will be responding to the City no later than February 15, 1988. LMCD EXECUTIVE DIRECTORSHIP - At the November 23, 1987 Council meeting JOEllen Nur r, the Clty's LMCD representative, had indicated that there were two individuals who were to be interviewed by the LMCD Board at their meeting on December 9, 1987. Subsequent to that meeting one of the two individuals that was going to be interviewed had withdrawn from the process. Given the fact that there was only going to be one interviewee a majority of the Board members felt that there needed to be a wider range to choose from and have decided to reopen applications and republish for applicants. Process timelines have not been established. 3405 SHORELINE DRIVE - The gas station building has been externally Inepecied by the Building Inspector and he is currently working with the property owner to establlsh an internal Inspection to determine the structural integrity and security of the property. it is anticipated that this will take place in the next two weeks. Should there he problems with the structural integrity or access the City rill then take any appropriate action up to and including hazardous bui lAing proceedings if deemed appropriate. METRO GOOSE HUNT - The Department of Natural Resources has estabflshed_a second goose hunt for the dates of December 18 through the 27th. To date the City has only one applicant who has been interested in obtaining a local firearms use license for this hunt. BAKER_ PARK DEER HUNT - The deer hunt held on November 17th and f 8th iisd a �ots3 ot: 81 hunters on the reserve taking a total of 41 deer. Although the number of deer taken is down substantially from last years figures of 79. the park reserve felt that this years hunt was still beneficial. The reserve will be determining if the numbers are now manageable without a hunt next year, based on an aerial count. They will determine if other management action would be appropriate. GOAL -SETTING -STATUS - See attached. 6/n/n ten v aa:r )nve] V LT AIO 9/69/6] uro6ro] wnro] Iz/oro] e. pPSaa6\I®1 c Cm ApMIM15T11r1tA 1 191y l9et - m A991I1. 1986 167 SIO - 1987 Cmreil Strategic Plamin9 short ]ere cbj.tive lIB mu. A901 1. Comity nevelapent ON6R19E5 Oc98 lDYBB Rig Way 12 •87 m A. Cagral ive Plat aaertient 92 (5/87) Approve ASMmt 12 5/U/87 ] 1ed to 6/22/8- Adopal 6/22M Sumissim to Met Camoil 6/12/62 Reoei99d Metro Couwil ll.'15 Receive mri fr® Met Cw ll 9/11/87 pespm9e due 2/15 2mi, rarndrerKa - Draft 6/s/v carrarcly bring drafted - Plamim 7/6/62 miaider - Caaeil crosideratim 9/16/87 m9otiatlore m Utilities p�erice (10 IaRtlkdi.) 5/15/87 Piml play ¢p[Deal 9,'28/87 e. Task Force to :pgrede 2to:itor progress '.Yyoirp 9/2ro- M tim tell or D Stunt! /9/8 Oot staff wtirg lhatO visor pre: Ca[ids seleaim pans. '8] SN Mevarre pMevelament (CteMace 2/8]) Generate Crmder interest 6/16ro7 16/29/B) G¢inea9es pD my 15 irprateents/discwsel pmaitle rarwatlm ]nitiau GoWObjat w ]/36/6] sectim pr¢ . Ggage curs-,ltants to bt deterrvlrrd Plea iiq _ Leya1 faN. gri 1. Ca Ity D .]-Pmt ts,RT„1� tl116 seas •87 8 Cm y 15 D 1.peit ICoaea:e 2/8]) Detenine desired 6/39/87 local atowfn, iiproesents 8eteteire/9tlget 8/28/87 C it preaenUtim 18/26/87 to fa• lmel sNre p[eaert initial reaabWetQ_. lin3p] MIN final plan 10.'30'87 Ntt druvaaim 11/73/87 IV18 edtptad Plan 8greaaeet W 1Z'U/8' Caiauce a uistlm VI/88 •87 ME) Storm At ar N]WgaeM (Caeece 2/87) Plan kk tim o[ 9,"1'B' lOiD pl. re.iemid by staff NiaeNIN Creek so9geation r ittd 5/r,187 Niter 6 and Plan IClID veetin g ]/nAP teefetmd by Mm Ct-" i meet.N 8/12q- adgxid 18/1;8] rs iv rwim8 oWy w M:1rJ c is due 12/12/81 pneltp xiNMik fa 11/1/87 Oram'f elan •87 m Ctammity dtane Utim P'.an (Ctaeene 2/87) 2. E irmaentitl Ptc,: tim •87 = Stubbs fay Caplet. teed. tmmeam®8 U67 MticiPte :seeds erx _nx�: (CCRlete Naloatim 4/8]) C 1.tim1180 nojct Galbillt1 lip] Me ite eifClHK uea 12/0 inter.et If kmicyriate - Pr03wt muW tatim 2/N - Project bid vn - Ca project c/88 - Nismi Project 9"m a B,t89 - Ctapkta W.Ja &M AI®r m11. Ail Ist� 2. }Yvirawental Prmeetim ICmtd crystal say, say Fin arc Protect 3. OrganiratiaW oevelr sem 1988 Ca iI Coal Setting Corece Cteplete 1989 Beget Press Asresmmt R rd of Miev BASK P1. W.tim R:dget Adrgtim 1989 Legislative Program Caaplete '81 M Cu late IiWcc sale Cl. fiml Peymene '87 M Ircsaae Inflmrce/Ccoperatim Determine areas fm with elver gtme .tal its me{eratlav'Wl. iiprw Determine gmis in areas of cam m srn Reevaluate :rse of O tline a[ arrant Plant. Comm=_:m Crasimsim regp zibilities Propmala far any iacremed usage 7/91 Pro3eet clue me taD:e! w 6/B/V Wyne appeal teaaat,!, rtllM SM187 rinelrvd 6 24/9, Clowd art 6!8/BI 7/87 U!'1/B1 retiM hale ISO Adtptsd r reward S /91 ccpletso V131,81 6-1/81 Held 7NIV Initial eeetang Set 9 ; 9in/91 sedge ill levy set 9 :9. 12A1 Adapted 11/9 S- 6'38/89 gale clmaaq =vletet 6 1.9- Campleetd 'real ael:er tr.,-•. a rinal Prim MS Srat.t'/vAm 6'2311 S/V matt daiaen to Caaocrl 6II./87 - 1,13'8- 6A1 Adpeed '.R8.1, 1/B1 V87 a. Se[vlte oellvery '87 = Facilities Stogy Appotntaart a avaaltant SAl Tobw to A'22/81 tl-e/eyl for a s: aly www to 1/lvv L' 11 Apprsat iANe %iM 5[uly 8/19/O C.,It ealacne A/2 W Ymt plat a&*w f/b/el Ynk awaion ataeulaA u.'l,e' Ca Ietim d ep.¢ rti y 9,'8' IMe[sim[�m : Tat Repc IP'4l in prtioea -87 M Lag Mnw Fi.lc I Jl maft polty to C Wll 6 s' (5/8F) ccm it afgRim 'el Golf C.-- Melap.ent of tuaine.a '.n- .t[ate Anioal Ctnttol [ 4=te Rohs -. 4' V6l ;nivatal C31 pall. '.o Mndb 9i IB; BI aiptaA cml�na.rvz .. ouf2n. veenaea leke.':grrl5 Fct,'Nirv:tWa Aex+1Ns; 5. mas.n pesW[t_s Caipe sl:i:>• _. {xratle wN .dl+tam:s le'B' Morn seasrm acMAulm 13 ' a' D veio nt - Po fon.ant' 11/87 xar! pay systa A. Maketitg C® nity trrfc titat/ Wya'a mtmles cn oitg veasletCC Bealiaticn a 8/87 8/24; pl evla. U.. maLctai. m1n,''a Aaticle fn f mom:roue to 8/88 for sat aa2stson i_ . ;;1 i887 LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OP December 14, 1987 Charitable Gambling - Lions Club of Mound Northwest Tonka At: Navarre Lanes CigaRette License - Navarre Auto Port Inc. 2420 Shadywood Road ee1 e-, Charitable Gambling Control Board a1y; CAR Rm N-475 Gnggs•Midway Bldg. 'q`L•• 1821 University Ave. •� "` 4 St. Paul, MN 55104-3383 �"t S '1a•ar.•e° (612) 812-0555 Far Board Use Only Paid And Check No. _ OSI. GAMBLING LICENSE RENEWAL APPLICA'i ION LICENSE NUMBER: i I EFF DATE: 02y01yA7 I AIADNNT nc ccp I Applicant - Legal Name of Organiza11pn 2 Street Address LIONS CLUB OF Idyll MMT"EST TOM P D BM 201 0 City SMIe. zip 4. CdenIY 5. BYlress Phone Newton 0WA NIIANaiB 6. Name of Chief Ese%ubW 4cer 7. Business Phone B. Name of Treasurer or Portion Who Accounts for Revanwe B. Busmeas Phone Stan Mierze ewsk 1 10. Name of Gambling Manager 11. BOW Nor", 12. Busrness Phone Met D F"Ift 472-3267 13 Nome W Establishment Where Gambling Will Ticks Plata 11. County IS. No. of Ac11W Memders NoY- Lease MFtarre 1NMIsaIB `„j 16. Lesadr Aveno IT. Monthly Rene. Naval» late sm is n amigo war par conoucrwo of mu, aceMe. P. spKiry olive shot entice o1 Bing, Days Times Drys Times I Days Twines I Ig Has 1Kelse ever No, Revoked A. r' Sufpendad Data. rl Denied Data. 20. Have internal controls Wen submitted prevlouslyn a Year L: No (it -ft.' attach copy) 21. How current looks Wan Ided with IN board+ x Yss No (11-No: ausch COPY) 22 Ha, currant skech Wan filed wile the eoardT 1Qj Yale 0 No (it'llo: anacn Copy) GAMBLING MTE AUTHOIIRATIDN By my signature below, local Mw enlo.....unt order, or agents of IN Board sre Nrady authorized to aria upon 1M Mo. at ary ore. gambling 15 bang conducted, to ob"No me gambling and to enforce IN law for any unauthorized game or bract" BANK RECORDS AUTHORIZATION By my sigMiure below the Board 16 hereby aullionced himself, IN bank records of IN General Gambling Bank Account whenawr necessary to hums locuromems of current gambling rules and low OAT" I h*M" lKWl. that 1 1 NW road this appicalmn and all ntormallon,Ybmrlled 101N hoard. 2 All information submitted is Iney accurate and complota: 1 All other requited ntormtllun Na be" fully d1adlo,ICl 4 1 sin IN Chief erKY1rW e11d4 of IN orgaml.judin 5 1 assrrm. lull responudhty for IN lair are lawful older, ctmi" 6 1-11 tsmNarua mllown with the low, or me State of Mm, „ gspli law, sad rulesincluding amendments thereto I 1 i 23 OIh" Logo[ Name of Grgamzohr+r Signs uric (CAEthicaliEthical Tonka Lions •//[,,,` (/t 011W EOsrd sed agree it I¢ensed, le eDMe by moose President ACKNOWLEDOEMENT OF NOTIq'BP LOCAL GOYERMNG BODY I rarely acknowledge radepr ^f Y -'py of this Indication By acknowladgng radial I admit hawing been served win horde that this apple a cin win W nivers ed by the Charitable Gentling Control Baud and 11 ,dernved by IN Board will become efNco W 10 days From IN date of nad.a4 (haled WlPwtunless a rasdulpn of Ina Web govelnmg body 1e waXd wndn spetndalq clean., such Klnny era . copy of mai nesvuh. 1. radewell by IN Charitable Gamdmg Ccnt" Bond within 10 dove 0f IN 4; •ow holad due 24 ICcuoy NEE Local Gou.nmg Bohr)------ _ Townahlp it.rle .k baled wrmin a Inwiryrp plooke commonlyA.me N ---._ _—_--_- and 25 ol�pe9(lvrng Apphcn+..n 25 marwo ol Perwn Recarwng Appdahan dal. edges Adav pal i4lo -----_ --' ceoeeeet—jNy1 l{/Z— Copy flowed CMrIY-After-. asks, —Likely GakarmgBoat' CI"_'V OF ORONO CRYSTAL DAY, MINNESOTA SS123 ADMINISTRATIVE OFFICES Phone: 473-7S56 APPLICATION FOR LICENSE TO SELL CIGARE•TTE•S AT RETAIL 19 (Chapter 62, Oron/o� Municipal Code) (� 1. Mane of Applicant t�`t "—ftLn�- itf-.--�f�1-E 6WiA) Itl/TN- Addross S0? J4AK L,1NE SS 3;c . .do- Ln...c Phone 4f75-/Sqc• 2. Sales Location: Namz IVA VA RFF �j+-i u rc 0( L nl C . pp�z— Address �M�p SAADYucc6 �y_ /llarA,QeC Phone 3. Principal business carried on at this location�7p,Pt- 4. Method of Sales: Vending, Machine_ Over Countor—LLOther_ I horuby make application for license to sell cigarettes at retail at the abova location snbjeet to the laws of the State of Mirvasots and the ordinances of the Villane of Orono during, the following quarterly periods: Fob -Mar -Apr LICENSE FEES ,May -Juno -July uxNii Lion date of license. 'an. 32. each year. Annual license : is —Aug-Sopt-Oct $20.00. Ahero applicable, as in the ease of seasonal sales, this may be ,2.mov-Dee-Jan pro-ratea by quarters, at $5.00 per quarter. Make remittance payable to City of Orono Signature of applicant Dated For Office Action: CITY OF ORONO .P A Y-T-D • - - - EMPL-NO NAME DIV GROSS GROSS EKP/AI i TOMCZYK MW 31 31462,76 1366.31 WALSH KL 31 50.00 0.00 COUNT GRAND 44,6T3.99 PAID 00042 TOTAL 00053 TOTAL TOTAL FICA TAX GROSS a 22,761 39 EMPLOYERS A m GROUP HEALTH B • PHYSICIAN'S HEALTH PLAN C m BLUE CROSS/BLUE SHIELD D a MEDICAL CENTER PLAN E m PRUDENTIAL F a COORD. HEALTH CARE G • MINNESOTA HMO N m TRANS-AMERICA OCC. I m BANKERS LIFE J • MUTUAL SERVICES K • MUTUAL OF OMAHA L m EMPLOYEE'S BENEFIT M a AETNA N w NICOLLET EITEL 0 a LEAGUE OF CITIES P a METROPOLITAN HEALTH PLAN 0 a SHARE Z a HEALTH CARE MAINT ACCT MISSING HOSP CODE FOR SOME EMPL'S CITY OF ORON0 P 6{ J / / MPL-NO NAME DIV GROSS GROSS EXP/i ANDERSON BL 31 33130.37 1392.91 BERNHARDSO ME 12 45309 72 19EG 40 BOBZIEN SA ' Z0079.66 946.29 BOSMA JL o2 9489.12 380.80 BRINKHAUS JF 42 30774,62 1273.14 CHESDICK G6 31 33205.05 1376.7E CORNICK JL 31 26480.28 1188,64 DENNESON RJ 3S 2438.31 204.00 ELDER JA 35 425.85 0.00 ENGLISH 11 IH 31 30144.25 1204.17 ERICKSON DJ 93 1634.55 0.00 ERICKSON KR 31 330E9.24 1376.72 FICHENICH DT 31 12381.95 1111.99 FRITZLER JM 31 32SOI 31 1663, 54 GAFFRON MP 33 27087 10 1129. 04 GERHARDSON JR 42 37422.S1 1559.84 GREGORY JO 42 26084.36 1037.28 HALLIN DM 12 23094.9E 962.64 HANSEN SC 42 22911.9S 1036,05 HANSING CJ 31 10241,66 499.77 HOOGENAKKE JE 31 771.60 ISO 00 JACOBS TJ 33 27092.70 1129.04 JOHNSON BP 31 33033.48 1272.62 KILBO NH 31 38163.38 1590.72 KIRNYCZUK M 31 15581.86 529.35 KNOTi NJ 33 3409.00 0.00 KNUTSON CA IS 18717.14 791.84 KUEHN TM 15 36591.48 1525.20 LINDSTROM DJ 93 0.00 0.00 MABUSTH JA 33 31697,26 1321.20 MIKELSON RA 15 17569.56 750.00 MILLS JR UH 93 208.26 0.00 MORAN MF 31 36069.20 1788.24 MOROUCZYNS J 31 33604.44 1303.07 MROSS FT 61 19516.60 721.29 NAAB TL 12 18129,02 744. 89 OAS DO 93 1284.75 0.00 OMAN LE 33 21277 63 883 44 PETERSON PL 12 10686.12 481.05 PETERSON' RN 93 1991.2`; 0 00 PETRAN JC 33 392.00 0.00 OUAE7 UA 92 24640 62 1167.93 ROSS JA 93 2625 22 0.00 SASS JJ 42 23660 9S 1044.79 SCHAUSS CR 31 2282 68 837 10 SKREEN DS 42 22941 30 931.28 SMITH JR 92 24401 19 984 40 STEFFENHAG RE 93 24987.37 1041 51 STILES RC 61 3090 00 0 00 THOMTON MR 31 22689 00 970. 32 TOMCHECK LI- 31 E4049.72 1076 4S 1957 CITY OF NNO CHECK REGISTER CHECK NO DATE AMOUNT V[MDN ITEM MU1K100 MCS153 12109197 lS..ES IST MMK LAKES FICA Is"$ TO I//1 NCSIS] I2/99107 111 42 IST MI1M LOVES FICA Ls/ts TO I1/1 MCHS] 12102/17 1! it 1ST NAM LAKES FICA Sells TO 11/1 MCOIS] 12/02167 ]T. 9e IST &AMK LANES FICA ts/ts TO 11/1 NCOIS] lelf"T 1T.ts FIT 1MM LAKES FICA Sells TO II/1 MCHSI 1210e/67 ]{ ee tST Mull LAMES FICA 10/I/ TO IVI NC9153 Ie/OtnT 111. is SOT OANN LAKES FICA te/19 TO 11/1 MC015] Iel OelsT 2.44 IST MAMA LAKES FICA felts TO it/1 MCO15] ILISe/ST ]T. AA IST BONN LAKES FICA 10119 TO I1dt MCOIS] 12/641/I7 Be. TS 1ST eAM LAKES FICA 10119 TO 11/1 NCOIS] 12/09/67 16.66 IOT MIDI LAMES FICA 10/19 TO 1111 MCOIS] 12/0e147 IAI.]N IeT MMM LAKES FICA le/ts TO It" PCSIS] 12/Ot/e? 93 39 IST NISI LAKES FICA IVts TO II/1 1.701A1 . rC5' 12/02/67 24. 00 GOLDEN VALLEY CC M TIMS Ct.ee Je15t Isl021&? 90.72 POSTMASTER FMTAM .cuss to/02/eT I36.00 POSTMASTER NSTMI ECA of NCO ST leleelsT 11. 00 IST oW LMeS FICA SUR TO 11/IS .Co. 5? 1t/OR nT CA1.]0 SOT SSIt Nm FICA 11/11 TO il/IS MC0r5T Itle!/97 Its ]A IsT MM LRNp PICA tin TO tons NCS157 1E/041/67 CT 03 IST eww LARIe FICA tin TO Rills NC91sI lelos/ST .].S. TNT Me4 GwES FICA IIn to It/is MCO157 Ieloe/ST SO is IST MI111 LAAl9 FICA fide TO fins MC5157 1e/OLn? ]E.M IST SANK LAKES FICA tin TO tt/Is MC9151 1LOe/e7 300. As IST MMA LAMES PICA tin t0 IVIs . CE I57 1e10EleT t O IST 9AMK LAKES FICA I1n TO lilts NCs159 ItIOEIST ]SL JA IST MINK LAKES FIG Ion TO ll/Is MC115T ICIOt/S0 79 45 ISL MNK LAKES PICA Tin TO 11n5 MC915T 19/#2147 TL OS IST MMK LAKES FICA Ion TO lolls NCSIST IL/toIs7 1st. as t11T MMI LAKES FICA Ion TO fins NCO 15T ILelnT 10.96 IeT MINA LAKES PICA 11/8 TO 11/19 1.115 0. . MC{15s IL/OEnT 575 tS MOUND FIRE DEPT REIM FIRE DEPT ST5 15 . .CS130 12/09/4T e0 00- COLONIAL LIFE INS LI-E INS NOV NC5141 IE/se/ET TT TS COLONIAL LIFE INS LIFE INS MOV NCSlls IE/0lnT At IS COLONIAL LIFE Ise LIFE INS NV 119 to MACH A! '21#2/E7 To 15 PUBLIC EM SET PENA I1le TO II/IS NCSI{E 19/08/47 1 ]] PUBLIC IMP CET PENA 11/e TO ti/IS NC116t Itl Of19T 1 ES PUBLIC EMP RET PENA 11/2 TO 11115 11-3e-e7 FRO[ 1 ACCOUNT NO. SM. 0 P.O. 0 MSSAN St-�1{t-SN-1! MANµ e/—tl{!-1EFIS MANUAL St-4I4S-111-I/ MANµ /1-4I1t-111-3t MNµ eIMII11-119-71 MANUAL SI-A1!!-BSI-71 MANUAL 11-/1tl-Il5-7] MNµ 11-R1.t-115-79 MANUAL 01-412-21-61 MANUAL 11-4142-e99-6I MANUAL 78-014t-549-11 MANUAL T3-1148-s69-94 MNµ 1R-/1I2-590-17 MNµ e1-Ra{-I19-71 nANAL lt-43Lt-599-1t MANUAL 1]-QLI-SN-1L MMAL 11-99A1-020-11 "MAL U-041-031-12 MANUAL 01-A11[-005-IS MANUAL 01-0148-099-17 MANUAL e1-AIM-111-31 MANUAL ef-4111-11F71 MANUAL 0tN1N it1-71 MMAL e1MtRL-IIR-]] MANUAL 01-4144-105-3S MANµ ef-/IQ-eH-Q MANUAL /1-111Fe90-H MANUAL 7/-II4f-549-91 MANUAL 1}41441!-S61-9e MANUAL 11-414e-590-91 MANUAL o1-7511-000-00 MANUAL ...-CMS 01-.ISE-121-31 MANUAL 01-4152-I11{-]1 MANUAL 01-4ISR-199-31 MANUAL ...-CMS 01-4141-039-19 MANUAL 01-4141-040-13 MANUAL 01-4141-OSO-14 MANUAL INS? CITY OF ft ND CHECK ND DRTE AMOUNT MCtIGt It/Otle? 114 II HCBIK I!/K/eT 10 IT MCeIGe weenl I,see 71 McelGt It/at/tt Sl at MCeltt It/K/el ITl t0 .Celia 1e/K/B? 460 16 MCeltt 1[l09/6l All of HCe1K It/K/a? P01.74 MCeltt It/K/el ♦T tt MCeltt {!1K/Bl AB 11 MC8.10 1a/K/Bl 10 TA MCeltt It/tale? Se BY 3.566 01 •••••• T."a SE Ell at SA ei eas 21 B.10O.t1 CHECK REGISTER Kam ITCH DESCRIPTION PUBLIC EK MET PENA 11/t TO 11HE PUBLIC EMP ACT PENA 11/e TO 11/15 PUBLIC EMP NET PENA 11/E TO I"IS PUBLIC EMP MET PENA 11/9 TO 11115 PUBLIC EMP MET 'ERA 11/! TO 11/15 PUBLIC CAP NET PENA I1/t TO I1/15 PUBLIC EMP MET PENA ll/! TO 11115 PUBLIC EM' NET PENA 11/E TO 11115 PUBLIC ERP NET PENA 11/2 TO 11115 PUBLIC EM MET 'ERA I1/E TO 11/15 PUBLIC ENP NET PENA ll/e TO I1/15 PUBLIC EM RET PENA 111E TO 11/IS FUND 01 TOTAL FlMOD T! TOTAL FUND ?l TOTAL FUND ?A TOTAL TOTAL GENERAL FUND WATER OPERATING FUND KUEK OPERATING FUND GOLF COURSE OPERATII FO 11-10-07 PACE a ACCOUNT ND. IKY. a P.O. O ftSeAGE e1-4111-eE1-IS M 01-4141M99-Il HA "AL 01-A111-I11A1 RAWAL AL 01-6111-115-71 MAMMAL 01-/1/1-11/-31 MWK 01-11-1N-]I RAWAL K-414I-114-33 01-01A1-049-e2 "M WALAL 0I-4141-00-01 MANUALTt-AIA1-%1f-OI MANUAL 731-4141-561-0t ANNUAL 74-6II1-•f0-f3 MANUAL ....CKS 1907 CITY D: OBRMB / COMIC. NO DATE 349000 12/t9nT 340619 I9/69n7 • 34401a 12/69/67 344616 19/69/07 3411,619 1!/19/e9 • 3NP• I9/09/87 34411934061. I!/tlnT • )N61. 9/8? 18199187 • 3.•931 't/Hls? 3N031 It/e9/eT 346031 I!/N/8T • 3.603, iNN/tl • 3.842. 12/ells? • oo.• 344465 1 t/NL0? • o.e• • 346010 . t/1tls? 3N916 I4/09/69 • .ao• • 34066) 1810#167 • 3NN? 18.01n7 3NN? 11/01/87 )NNT tb Mn? • 3N 121 13' &9/R? CHECk REGISTER 12-14-67 PAGE I AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV • P 0 • MESSAGE IJ9 00 ALL STEEL PRODUCTS STREET PAINT SUPPL 01-4231-249-42 338 00 .... CSS 17 28 AT.T 1.10 i'STEN MAINT OFFICE EQUIP 01-4340-039-12 lT e6 A:FT INFO S'STEN PAINT OFFICE EQUIP 01-4340-059-14 . 17 to AT&T IRS SYSTEM MAINT OFFICE EQUIP 01-4340-069-IS e3 Sa AT&T IWO SYSTEM PAINT OFFICE EQUIP 01-.3<0-It9-31 Il t8 AT&T IWO SYSTEM NAINT OFFICE EQUIP D1-I340-174-33 < I7 29 AT&T IWO SYSTEM PAINT OFFICE EQUIP 01-43.0-241-42 109 9a uR-CMS 235 86 ALL STAR ELECTRIC PAINT BLOCS 01-4343-094-17 t5. a ALL STAR ELECTRIC PAINT SLOGS 73-4144-569-92 S20 00 .... Cgs 2 00 AT & T CONN TELEPHONE 01-4320-039-12 • I OS AT { T COHN TELEPHONE 01-4320-129-31 Is .S AT 4 T COMM TELEPHONE G1-4320-129-31 ST AT & T COMM TILEPMOME 01-4320-IT4-33 • 22 .5 10s 2. AMER SCIENTIFIC PROD EQUIP 01-4232-129-31 • 105 3. .••-CNS • l? BL.CMONIAN 6 AON3 MAIN' GROUND- 01-4343-099-17 E` i0 • • •..-CNS • - 60 & ASSOCIATES SPACE STUDY 15-4399-450-00 'Pe"AMMAN 99 ROAMAN 1 U6DOlATFR SPACE STUD' 15-099-150-00 ..Oo& 006 95 • .... cgs N as RUDCET PRIG PRINTING 01-4322-129-31 61n• • .... CUB 486 66 BURY & CARLSON INC STREET MAINT SUPPL 01-4233-249-42 • N 6f- BUSY & CARLSON INC STREET MAINT SUPPL 01-4t33-249-42 N S6 BURY & CARLSON INC STREET RAINY SUPPL 01-4233-949-42 416. N • ....CMS • 2T1 9i C04Cf PT MICROFILM OTHER CONSUIIiNL 01-U06-114-32 to . f IN? CITT OF owm CMECM REGISTER 12-41-47 PACE t PiCR NG SATE AMOUNT VENGN ITEM DESCRIPTION ACCOUNT NO. INV. 0 P.O. 9 MESSAGE • N 9i1 1t • ...u. --.-CMS N 34413t Islas/$? 36? 70 COIRIERClµ ROC PONT JANITORIAL NOV 01-4349-099-17 • 3N13T It/H/$? 265 60 CpwSOCIAL KGC MT JANITORIAL NOV 01-4349-129-31 9 6S6 30 • r •rr" •.•-Cltt 140 3 12,49,97 . 50 CONMERCIµ LIFE INS LIFE INS Of Ot-4ISt-039-12 R 3481.3 &lolls? d TO CW6IERCIµ LIFE INS LIFE INS DEC 01-41E2-669-IS 349143 IR/09187 2 To COMMERCIAL LIFE IRS LIFE INS DEC 01-4152-Its-31 34$i0 12io1/0? 3 66 COIIRERtlµ LIPS INS LIFE INS NC 01-4I St-126-31 3411I43 It/Sf/91 1 90 COI Clµ LIFE INS LIFE INS MC 01-4I511-IS9-31 3" I.3 111#9/$7 3 60 CpRIStCiµ LIFE INS LIFE INS DEC 01-41St-174-33 3401.3 12/99/9? S 40 COMMERCIAL LIFE INS LIFE INS DEC 01-4tSR-t49-4p • 34111.3 It/N/ST ?t COIRNIIClµ LIPS INS LIFE ING MC ?1-11X-SN-91 • 344143 lalol/97 1 N C0111KRCIAL LIFE INS LIFE INS DEC ?3-115t-SN-92 3Ni.3 1&109/97 f0 COMMERCIAL LIFE IN9 LIFE IM9 DEC 70-4152-S90-93 • 3S IQ ` ...... .. -CMB • 9 3.0110 Id/Of/$t 26d 15 EARL N DAY 6 $DNB GROUNDS REPAIR 74-4343-S90-93 too IS • • r �•� ....CNS • ]Ntf9 It/19/$T ], 1R6 46 90LF E ERICRNX NBE59 $ERV DEC 01-4307-059-14 N ] 1E6 .6 • .•.•.. ...-CNS 34922a ii,69167 so 000 00 FIRST TRUST CO INC BOND! U'IE 11,16E 45-4610-908-00 • Soar" IE/f"S? 31. 6ES 00 FIRST TRUST CO INC IXT DUE "lo$ .S-46t0-909-00 • 61.84S o9 . • •..... ....CMS 4r41.07 330 is GROUP HEALTH INC NOSP INS DEC 61-4IS1-121-31 INR?• 111tt"T EN SS GROUP WEALTH INC NOW INS DEC 01-4151-189-31 • 1•"-! " i2/1/97 O N 65 "OUPµ METM INC map INS DEC 01-4151-174-33 E �L 01�9T 1{6 N "CUP MSµ TN INC "So INS DEC 74-4151-690-91 1.131 T9 .r •..• •r•-CNS Be 3011444; It/N/$? T! N "RRI$ RACMINGRT CO EWIP FAST$ 01-423R-2N-42 It of • .1+•u .... • S.SNI 1!/N/$? S N I•LLIKIDNOTMY, MEETING$ 01-4356-039-18 46 3441111 I//91/07 H N WLLISIONOTMT MILEAGE 01-4361-039-1t ' 196T CITY OF N0N0 CHECK REGISTER 12-1.-87 PAGE 3 MU NO DATE AMOVst VENDOR ITEM DESCRIPTION ACCOUNT N0. IMv 0 P 0 • MESSAGE I • 2S .P t •••••• o•-CNS 1 316215 2L5 01 NENNEPIM CO-OI 6EF0 OFFICE SUPPLIES 01-4210-I29-3I POS 01 •••••• o.-CNS • 3N'oJ 12/N AT 1,666 36 HENN TIT FIN DIV JAIL CHARGES OCT 01-0SO-060-16 1.1412 30 . • • ...... ....CNS • 346306 1t/N /61 A" 76 HENN CTY SHERIFF OPT JAIL CHARGES 01-4358-686-16 • .1f T6 • .....• •..-CNS • 3.6316 It/H/9/ 61 96 ICnA REiRm1T CORP ICM 11/I1 TO 1 VP9 01-4140-019-12 • 61 9{ • • •••••• •. -CNS • 3.13.4 16/69/67 L:' INTL COMF-BLOC OFFLS MEMBERSHIPS 01-4380-174-33 -: uo • o...• ..•-CNS 3NSS 10/N/67 49 95 INTERSTATE BATTER EQUIP PARTS 73-42I2-569-92 • .9 95 • �•••� •••-CNS 344141 1elfV$? `t RS TO. JACOBS MILEAGE 01-.381-174-I3 • - ea � � ....•. .... GAS b6P2 12/09/6• 66 58 JOHNS AUTO SUPPLY EQUIP PARTS 01-4212-249-4P 66 56 ...... ....CNS e 3441166 tt/M/6T N.a NIL&O-MELYIN MEETINGS 01-4356-lP9-31 t0 43 to ���� •••-CNS • 340391 19,69/61 .. TS NUE.M-TNMAS MILEAGE NOY 01-061-069-IS 1NNT it/N/6T 1. N FQEHN-THQNAS MILEAGE NOY 01-4361-174-33 3A6397 I910#/87 14 N NUEMN-TMO.A6 MILEAGE NOY 73-4361-S69-92 If 96 . ...... low-CNS AN Its- clr• O9 MAW CNECR REGISTER 12-14-07 PACE 0 - CNE C. NO SAT1. MOUNT VE900S ITEN REtCRIPTION ACCOUNT N0, INV 0 P.O 0 MESSAGE - 346404 12/0918T AS N THE LAME! PUDLISHIM 01-4322-049-15 3•e.9• I1/09/07 I3 60 THE LAIIEN P119LISHIM Tt-4322-549-91 - 14e.0. Itt"IST ee O9 THE LANES POOL16111NG 73-43te-969-9t 3.0.0. I!/99/6T 13 60 THE LANE! PUILISIIING 70-43lt-S90-93 90 e9 ' •..... ...CNS 3M423 12/69/S7 60 CO LEAGUE M M CITIES GOONS 01-42.0-039-1t 6t 06 ...... ....CNS 346137 11/91,/97 t.TAt 64 CITY OF LOSS LANE RENT 6EP DEC 01-633t-1t9-31 34693T I8/99/67 116 60 CITY OF LONG LAME MINT LIFT STATION 73-4344-569-9t 1. 639 2. ««« .... Cgs 34644t 1t109/97 1R 00 LOUISVILLE LANMILL MAINT OLD49 O1-4343-699-1T It 00 ...... ....CNS 3464S6 iL M/0T TO 01 NAWSTH-JEAMME METINCs 01-4356-170-33 TO 0l . - •••••• ....CNs 3.0.62 Ie,01167 309 96 NAOTINS NAVAMRE 66 MAINT "TO 01-4341-It9-31 309 96 . _ ...... ....CNs I".69 It/99/6T 1.0 00 NETNO V IMA •ERV OTHER CONWLTI" 01-4306-174-33 1•e oo . 3.6.70 1be9/I1 3. 00 METRO AREA MGTIT A/EN NAIM me$ 01-4356-0e0-11 3.HT0 I!/99/67 el 70 METRO AREA HGMT ARAM NASA MTGS 0:-056-031-19 60 10 . u.... ....CNs 39N76 1t/N /Sl 15.134 72 METRO WASTE CONTROL DEC SERVICE T}-INb9N-09 IS.T31 TE . ....« ..-CNs IN 340499 1!/H/67 283 NIMIECAOCO UTILITIES 01-gEMtlO-1/ 140410 It/09/6T tt. IS NIM GASH UTILITIES 7t�61N-fOh99 Ie11.491 ILes/67 T s9 NINNEGASCO UTILITIES 71-97E9-E69-92 23. 60 . .«... ....CNs • 1947 CITY or caw r MCA NO WK AMOUNT lN.fs 19/H/01 T 00 1 00. 1485E5 It/H/ST too 00 t00 00 / •.. •.• 3.0s.4 1e/Nm t .. 3.6s.0 12/69167 31 90 3.Os.9 1t/6!/6T 1s " 3N5.0 limns Its It 30SS.8 12,01,67 t6 al 340140 19161167 S 49 1N91.6 11101107 t1 a1 34OS40 I!/09167 . 09 3405.0 1E191161 31 97 344,544 It/0,1107 3 49 3"%40 11199107 • is 3NS44 19/69/61 1 Tt 34PS46 It/N161 t 45 340546 1t/N/01 . is 34A546 19161"T . 16 1.0s.0 If109161 1s 01 aft IS . o.o. • 340SSS 19I61/61 03 00 63 t0 14ofs! Ws916T .S1 ST 344559 1E/H/9T it TT 306650 11/M/Q1 t se 1NSS9 .2109V47 117 01 )"SST 1t/a9/P 10 90 344519 1f/N/s1 630 T6 3415s! 11140/64 14 TO .9. 13 3441SS0 1bN/91 i. SO 144140 1Vot/9T 54 S6 1011566 14169197 tT " 1440N 16104101 to 93 341569 1t/09/ST Ll 51 346540 11,01167 54 60 140566 19/N10T 63 41 344S46 1t/tv6T 9. so CHECK 0144TER AND" ITEM DESCRIPTION MN BENEFIT ASSN LIFE INS DEC it-14-8T PACE 5 ACCOUNT W. INV. E P.O. E MESSAGE ' EI-915t-I29-31 ' MN FIRE 6 SAFETY CLOTHING 01-42tl-174-33 IMVARME HARDWARE [LDS MINT 61-4231-099-17 NAVARRE MN0UARE EQUIP PART[ 01-K1t-9lf-IT "WARNE HARDWARE EQUIP PARTS 01-4132-129-31 "WAR" HARDWARE EQUIP PARIS 61-4t12-E09-44! "WARN[ MNOMAE PAINT EQUIP 01-4342-091-17 NAVARRE NMIDWARE MINT EQUIP 01-.34E-099-11 HAYARIE HWDWARE PAINT EQUIP 01-I342-949-.D MVAME MNDWARE MAINT EQUIP 01-434t-590-61 MVARR[ HARDWARE MAINT EQUIP 01-4342-290-61 NAVARRE MAROWRE PAINT !LOOS 11-4343-249-48 NAVARRE HARDWARE MINT OLDS 01-4343-990-61 NAVARRE IAMWARE SLOG MINT 7E-4t31-549-11 MVAM[ HARDWARE MINT EQUIP 72-4348-549-91 MVARR[ HARDWARE "TNT EQUIP 7t-4342-549-91 NAVARRE MAN, Mae MAINT OLDS$ Tt-4343-649-91 HAV."f "NOMMIRE PAINT EQUIP T]-.NLiH-91 WO PENN COM COLLEGE SCHOOLS 01-4356-174-33 "so UTILITIES 61-4364-699-17 A.P UTILITIES 01-4310-1E1-31 Map UTILIT199 91-43d 11S-14 Pop UTILITIES 21-4320-141-46 NM UTILITIES 01-4314-E96-61 RM UTILITIES 13-4324-E09-92 NM UTILITIES 74-4314-590-93 NOETWWEST[RN TILL T[LVNOM[ 01-4310-639-1t NORTHWESTERN SELL KLSPM0IM 01-4 no- 0at-10 MDRTHW[ST[SM SELL iSL[MIOIt 01-altl-ON-1E N TMMSTIRN M+L TSLSPIMIt 01-13440-184-31 PARTMWESTS" SELL TSLSPl$M !1-am0-IH-31 MORTMWESTERII SELL TELtP1101M 61-03t0-1T0-33 N TMWS9TE" NLL TELEVISION[ 61-a3t0-Iis- 3. NORTNUESTERM DL.. TELEPHONE 01-4316-019-40 IUT CIT, Of WORD CHECK ND "It 3N2/0 tt/N/OT )HMO 12,01,07 SUGAR 19159187 3414544 1tr01/01 2N591 1 99 161 3N511 I t,W*? ]hoot, 19,01,67 3hos91 121N101 3.oa97 lir N/p ]ho69T ter N/67 3hos" 12/01/91 3,11111117 12/01167 3N591 12161161 ]howl, 1a,",*? 3h41VlT 11,61/91 h 3N11, 1f/at/aT 3.41591 12/01/27 34SlT 12/OL9, 3N991 I V 01 /61 1.66,1 12109127 3N6-1 34sliI iLNrsl 3Nho. 1190, 3Nho1 1e,9r09101 340621 It/el ]NQ I It We? 3Nfs1 i[/o9/6T IN6f1 �lr 918, N\1!I yr HrOT INtie 12/99/97 3hoftf Wet,*? 3416126 19109/67 shout 111/61n1 241112o Itr 0l rfT 3N6aa Ienvel . 1441680 I t/ N/e, )hoof\ 1fr N/\l )toots 1601101 CHECK REGISTER 12-14-67 PAGE 6 AMOUNT KNOW ITEM DESCRIPTION ACCOUNT N0. INV. 0 P.O. 6 MESSAGE 16 3s SOUTHWESTERN SELL TELEPHONE 72-I32"49-91 10 69 SOUTHWESTERN SELL TELEPHONE 7Y4]e0-569-91 11 N NORTHWESTERN SELL TELEPHOMIS 74-131G-s90-93 US 10 NONTMSEOTEM SELL TELEPHONE TI-4lt1-590-93 Tot PO ...-CMS R K ]3 9s ,is It e. 13 I.Na 11 61 .6 .10 ee 9f a.... -9a 11 JI 0) 16 Il 1t R T9 1) ass ho . . \0 1] •s Il N 1 095 So 6v Is LI. so •:1 I5 976 n ETs as 6H 0e .l 63 It n ho) IS 1.af1 N [. a13 91 61 n no Go 1.66, n 69 To 1s N 391 96 POSLIC IMK SET AS" PUBLIC ENPL Rai hop PUBLIC EMPL ART hop PUBLIC EMS, "I Up PUBLIC EMS. "I Asp PUBLIC EML NET AWI PWLIC SPOIL MIT Up PUBLIC EML MET Mp P•JKIC EML MET ASSR PUBLIC EML MI Asp PUBLIC SPOIL MET hop PUBLIC EML MET AS9N PUBLIC EML MET hop PUBLIC EML RET hop Vol.IC EML SET AS" PENA 11/16 TO It/Et 01-4111-619-le PENA 11116 TO 11129 01-4141-040-13 PENA 11/16 TO 11/29 01-4141-059-11 PESA 11/16 TO 11/29 01-4141-069-IS PENA 11,16 To 11199 01-61.1-091-17 PENA 11116 TO 11/t9 01-4111-111-31 PERA Iln6 To 1,/at 01-.111-its-31 PERA 11116 TO 11/29 01-.1.1-121-31 PENA 11116 TO 11/29 Oldla-1 E6-31 Ptah 11116 TO 11/e9 01-4141-171-33 PENA 11,16 TO 11/29 01-.111-U9-I2 PENA 11116 TO 11/21 91-1141-t10-4I KRA 11/16 TO 1t/N U-4141-5I9-91 :ERA 11/16 TO 11/E1 1]-.HI-sN-U PeRA n 1 TO l 1 9 1.-.1.1-s90-93 PEa*Ys 1WCK REPAIR EQUIP PARTS PEAMTs TRUCK REPAIR MAINT AUTO PHYSICIANS HEALTH PHTSICIANS MALIN PNlalcaA HKALTN PNTSICIAU HEALTH PHYSICIANS HEALTH Mb91CIMD HEALTH PHT\ICIANS HEALTH PHTi ICt A" MEALTM P01619I4NS HEALTH POPMp 1MIR a Assoc POPRM "is a ASSOC P9PMM WtN a NUOC PonM11 1MIR a Assoc PWM1111 MIR a ASWC POPNAM IMIK a ASSOC POPHAM Wn a ASSOC POPMM WIN a Asm" POPHAR WIN 6 ASSOC HEALTH INS DEC HEALTH INS DEC NIA -.TN IRE DEC HEALTH INV WC MALTN INS DEC HEALTH INS WC HEALTH INS 0EC HEALTH INS DEC MEAL IN INS DEC LEGAL RETAINER SEPT LEGAL PROUC SEPT LEGAL CONSULT SEP LEGAL CONSULT GEP LEGAL CONSULT UP LEGAL CGISULT UP LEGAL CONSULT UP LEGAL COM9ULT SEP LEGAL CONSULT SEP 01-4232-e4t-4e 01-4341-249-42 01-3072-000-09 01-4.s I -C39-1 e 01-4351-049-Is 01-4151-126-31 01-IIs1-199-31 01-U51-1N-)] Te-11S1-519-91 13-1151-569-9! 01-4304-000-16 01-4308-000-1/ 01-4303-060-16 01-43e3-121-31 It-43#3-219-4e 01-4303-040-71 IS-003-651-se 2M1319-105-I4 e1-4399-411-06 ....CMS ...-CMS ...-CKS IMT CITY OF OPRNO CMECN REGISTER 12-14-07 PACE 1 P C1.EC. NO MR .NDUNI VENDOR ITEM DESCRIPTION ACCQUMI N0. INV. 0 P.0 6 MESSAGE IN 1M629 10,69/E1 20 TO POPHAM MAIN 6 ASSOC LEGAL CONSULT SEP 24-4399-41e-OC 1.0620 lt/MA1 606 10 POPHAM MAIN A ASSOC LEGAL CONSULT SEP 25-9101-412-00 19.e1t .G . ...... ...-LMs IN ].06.] l*/09/21 2 S. PRUDENTIAL LIFE INS DEC 01-4152-639-te 149..I 12/09AT 161 PAUDENTIAL LIFE INS DEC 01-415e-069-15 1.06.1 le/99A1 0 00 PRUDENTIAL LIFE INS DEC 01-4152-1e6-11 3.66q It/MAT _ 00 PR UOENTtu LIFE IM9 DEC 01-4ISe-129-11 ]4064] IE149/47 2 •0 PRUDENTIAL LIFE INS DEC 01-41SC-114-]] 3.01.9 Id M/M .0 PRUOENTIAL LIFE INS DEC 01-415t-2.9-42 75 ...... ....CNS 3.6.1e IbM/0T 69 35- REED CANDY { TERA<CO CONCESSIONS 74-4902-590-93 1.0.62 69 35 REED CANDY 6 TOOAOCO CONCESSIONS T.-4602-591-94 H1662 to/M/9T 1RA9/tl 69 19 REED CANDY { TOb<CO CONCESSIONS H-.00E-591-9. 69 ]5 ...... ....CNS 3.E"9 12/N161 1 E00 90 ROLLINS OIL C^ GASOLINE 01-1960-000-00 1.4O13 1E/99/9? :2T OT ROLLINS 01- MUTING OIL 71 ,]F.-590-1] _E 11 • ...... 11.-CNS ]NHS 12/09/M 52 50 6TREICNERS EQUIP PARTS 01-4212-129-11 • `2 50 . N... ....CNS • 346792 12/09,67 91 00 TWIN CITIES DICTM SV EQUIP PARTS 01-4212-129-11 13 0. . 0 •....• -. w5 • 344026 12A9A7 ], 111 60 UALDM PUMP MINT LIFT STATION 73-4344-569-9e 1. 117 60 . • ...... ....CNS NN.t 1bt9101 2t t6 WNIZ.'A AUTO SEOV EQUIP PARTS 01-4212-249--42 • to t0 . I.0041 10,69.07 301 A WATER PRODUCTS CO WATER METER 01-1273-000-00 IN 34664I 12/69AT pl 30- WATER PRODUCTS CO HATES METER 1-Ie T]-000-00 140041 IQ/M/M HI 30- WATER PRODUCTS CO WATER METER 12-1271-000-00 U SS41 10/M107 l91 ]6 HATE* oft~A CO WATER AATER 1e-1211-066-60 .• 1460N1 12/0914T 301 30 WATOI PRODUCTS CO WATER METER 72-Ie Tl-GOY-00 301 ]6 IN 12 09,67 2. 150 of WAVZATA-CITY OF FIRE SCOW JUL 1/2 01-4310-111-12 1 IH7 CITY OF MOH C14CA 0D DATE F ' 7ons � u•o. � 7N 90t ' 1N 90E 6 7H9C] • 7H90. 144904 • 700905 74090S • )A6HS • 7N90. • 760901 • • • • r 1!/69/t7 MgUN' t.19 N E I1 11 . a5 00 is to . li 00 15 00 . 11s 06 110 H . 16 se 70. 70 96 s0 . 6 to 60 H 10 00 . z00 00 !00 00 so$ 00 So0 00 .C.66. 6T 4.e76 17 491 li allot 14, 9I.0tl-60 657 97 10,109. 66 1.160 GO 151.601.39 CHECK MOISTER VENDOR ITCH OESCNIPTIM MIGHT NEW ELECTRIC UTILITIES 12-14-67 PACE 0 ACCOUNT N0. INV, 0 P.0 0 RESSAGE ....US 61-e329-249-62 MINNETONKA WOETMEN IIGIEERSHIFS 01-9380-199-71 RICHEST ANIMAL SERV MIINAL CARE 01-0760-ISS-75 NEW CO COM HEALTH LICENSE N-4707-590-93 TOLL CO EWIP PARTS 01-9232-t49-42 TOLL CC EQUIP PARTS 7rNx-SN-1S FUELIC Owl. A97 AM PENA 10/6 PWTY 01-A1o1-111-71 PHM.IC INPL REY YARN PENA 10/9 PIILTY 01-4141-174-77 PUBLIC OBL MET YM PAPA 10/6 PHLTY 01-4141-849-62 RETRO AREA RCRT YM CMP UMTH DEFENSE 01-4706-999-7¢ ONENEHM A .400C INC ART CENTER ASRRT REV t5-6766-079-00 FUND 01 TOTAL GENERAL FUND FUND IS TOTAL RUMORS CAPITAL OUTLAY F FUND N TOTAL FEW IMPROVE REVOLVING F FUND SS TOTAL I9Ss IIBNOVMIENT FUND FUND H YOTAL Ins TM SOUP D/S FUNNY TWO It TOTAL HATER OPERATING FUND FUND 77 TOTAL SERER OPERATING FUND FUND 76 TOTAL OOLF COURSE OPERATING TO TOTAL ....CHO •• .CKS c ouilct PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (fro agenda) 1. �U /Ai.' -3 "� E' �C�r�4N •� .,� 1 B, o-c 77 9 9 1' a. 3a isII _ ,1. t < 2 t � 6. '.7. k-. ,A le. tk is. -�ltr l,l�l�l•-cw � . � ,ff i t I nfo r in a -I- forx IE -}gym S coall ct' I ot (At" Birt am Agockft— INL LEADERS IN PUBLIC FINANCE R ILEITER 1 I OFFICES IN MINNEAPOLIS AND WAUKESHA • 507 Marquette Avenue - Minneapolis. MN 55402 1255 • 612 339 0291 VOLUME 72, NUMBER 10 FILE: Financ.al Specialists: Ehlers and Associates, Inc. Please distribute to governing body members December. 1987 Our sincere Seasons Greetings to all of you from all of us. You are more than just clients to us -- we have come to value you as friends. Life is much more than the bond market. the stock market or our economic status. This is the season to remember that we live in a time and place where "good will to men" is important. As Ehlers and Associates begins its 74th year building better communities through finance, we look at the changing character of many of our towns and marvel at how well our democratic system works. Public improvements get financed and completed, and local governments really do work.. Bond Market 'VFor weeks prior to the stock market "crash" the bond market deteriorated, with Interest rates going up. But it has made a remarkable recovery in the weeks following the "crash" with 20-year tax-exempt rates coming down from 9.17% on October 14 to 7.91% L,,, November 20. At the same time precious metal prices have come down, hopeful signs that irverinrs have nct deserted the system. Billions of dollars of value "evaporated" in the stock market but .. 5'ned I:, bonds. Government and industry leaders are saying "all's right in the finanuid world." The strong bond market and weak metals market make their reassurances believable -- thus time. The President and Congressional leaders appear to be heading towards a more realistic solution to the budget deficit. Some of the excesses must be (painfully) shaken out, but life goes on, we'll be O.K. Selling Infrastructure: Leaseback Some municipalities have been approached with the idea of selling their sewer or water systems or other facilities to another tax-exempt organization (HRA) and then leasing them back. The aim is to use the proceeds of the sale for other municipal activities and leverage higher yields than the tax-exempt interest factor in the leaseback payments. Sounds interesting -- a "can't lose" proposition that deserves a closer look. Obviously, such financings use up part of a finite amount of credit and, to the extent that they flood the market, will cause tax-exempt bond prices to drop and interest rates to rise, increasing the cost of new or replacement infrastructure. Proponer- Ray they have opinions of bond counsel. but when we checked, some of the opinions were not up ad. -"' Leasing is often a sound way to acquire tb­,U64. but remember that over 15 years ago grand schemes to finance governmental programs with tax-exempt/taxable arbitrage were what precipitated federal intervention into state and local fiscal affairs and the 1906 Federal Tax Reform Act. Cash Advanced for Capital Improvements and Reimbursed from Bond Proceeds • If you advance cash to finance project costs, such as design, land acquisition, even construction, etc., be sure to make a record (preferably by a resolution of the governing body) stating that you intend to reimburse such advances from frond proceeds. Otherwise, the U.S. Treasury may not allow those expenses to be financed tax exempt. The attached news article on bond counsels' concerns about "pyramid" bonds may be of interest and help explain our recommendation. Defaulted Bonds Some bonds which, by their terms, are payable solely from project revenues sometimes go into default, unhappily for bondholders. In one negotiated bond issue a State supposedly blessed a project that was never built but for which most of the proceeds were spent, and from which no revenues are likely to be derived. Underwriter and bondholders maintain that the state has a "moral obligation" to pay the bonds and that the state's credit will be impaired if it does not. Bondholders may have thought they had a state obligation, but an issuer is bound only by the terms. If any issuer is not required to repay the bonds from other revenues, then morally it must not pay since the issue would be giving away taxpayers' money for a private purpose. If [here was a misrepresentation, bondholders should look to the party who made it. Negotiated vs. Competitive Bond Sales Negotiated bond sales render greater yields and profits for underwriters and probably for investon. According to a November 2 article in Credit Markets, a study released October 26 by Securities Data• Co. states " ... spreads on high quality general obligation issues sold through competitive bidding am less than half that (of negotiated sales)." Spreads on negotiated sales have narrowed in recent years and a number of companies, like Salomon Brothers, have either withdrawn from the tax-exempt market entirely or have greatly reduced their staffs. Already we've seen increased pressure on local governments to negotiate their bonds noncompetitively. There is so much competition in the current market that your bond issues should be sold competitively. You the issuer benefit in lower issuance and interest costs on your debt. Minnesota School Boards Asacciation Convention Jams` 17-19 1987 If you are attending the upcoming Minnesota School Board Convention, come visit us at our new booth location at the Minneapolis Auditorium, Space Nos. 518/619 across from St. Paul Book 6 Stationary. AW 0692a • Y:SY'Jr r T•�4 mn[w .Y ✓L> I�r• I Yrb erLVlr Ow�Y aw�nvr. YL gr4.14 Ma »ay�•W SUMMARY OF AREA BOND SALES an aLb •� Yv�a. •JY ele W'4 µVr i 1 tm Ir4Ml f IM1 i ey 4 OYNI io r i1! Ifa M3 r M ie; ! iNl L m I�.Mr f4{ it ! iV lynl f0 Y�rfsw ibr Iyf MI ♦}y \.f L NI WYwr ab al»i� r 1411 S.m IW AV 1 }la i q MNl Yi eb w.•.r 11L1 1.m IGQAV I}n (a MNI •rJne Uy Y•wrgll f.m 1RAV 1.}1e B.q 4K MIl7r SrrL» 4w�r r ee I�.Ye 1 p e R ! MLAr a0 r }Y Illila •R LA ! Nanl { 3•w tia�r atw m ISMI 1 R i A ! yTNI i J 6Y hrlr. Wu f.Y Mr.lf! ♦ rlf e R Y NW 40 r iq rq.xefi rUe i51 ! NNI a iLar leer iq la{4M1 Iln iSi ` laver I q rfs�m row \ ss NNx f 0 IY}rn !Yr 5V Iq a M e M NNI \ 0 r •M IMF® 1 }y a St NNr i i mrflW Ma[n }IY M4}ee 1 rf 1 ff ! yrfnl \ 0 tiT4 r Iq M}.IL! { [r 411 ! rwnr \ e e•aa a.w a». r Isles r ss • ss ! YVIT 40 r Itl lyf-lffx raM1 •Uf ! NIT e 0 r y MLIi! r M 1 f1 qNl f�Yalr SM It}M i}sf �M ! IO�AHr tivT r YLI MI 16 IR '.p ryyir Arm r i� � -IM f 6 : T •I Mlnr 60 tiTw V4 I.YY Mf3al f Irl rA »rolnr ao frl�lr �.� m S.R re MIT iir s-xam xn raw NI r4ao bum. �. m M>Mr LR rea 1'� Il le�lr No1nl Iglmf aw Y .MI T a. a. a!• Wvlpli: sn ml ZMI 3 R ieli ! OlydVl 44 MYr•a ales .L IaL3m f.ilf I.R wqT e o aw.w• w i.m Isla! i M 1 M • wvT ea IwL fq� r m m s M a tl ! fLM1 {0 rlmlr ICI! 1fl.IM aq aai WI raw • o. r rT w ara0 Ira.eM1 \ fn aoM1 ! \Vial e0 1. .lr qi Iq.IM f24 a014 aLaLar Ierr x.m IBRMI •xn {ala `a yMl 0 rgai r f.Y M1.Mf • M i e{ r'Nl Illi46• IlTsr .Mi MI-IM fM axaf • w Yp O61fILBY rr IlftLllr � A{LL} R 9W 1! !11!r x 3 o an IYaI OV Nr no Srl rllab r n.11r la»y® r M e.; •vY SmlW OVINI I uLeTlr O IfLYMI LJM1 f.R WI iw A/NI GOIyrYwlr }.)ell IL61M f.sf{ f.ls OV IrT GO Irpwwl YYr Iq ILe Or r.fR B.i WI Mlal c0 igwa•Ir \�Ip 14aem r.y i.R •I Y1»�Ilb OVtln) G01•nYrpI Y11f1Y Ln4 {.Gq 1f6Rt }Ir L,R • vlNbif MIT c0 yraww•lr I.Lq Ir0.IL0f {.IM1 B.R s l[•[ Mlnl C O rUfr Owa. r Ism IgA01 1 R B.R YU rr, 104h MGM11 GO r I.}}y Ip� I.IM1 f.R •fl4 OVenl c Y[.qr ].Ifq reLpy •']i L.R .qi 1 S 0 W 11\iLl OVpnr f 0 5Jm1 YI If1y BOYr lLr IriAr � R B.R W I Ila •NJb a/AT Iglr LGq IM..Ar f.rM1 B.R W w�roallr M)Ni w41y4» r IIMIry yl s.m 1{♦.xc@ I.R B.R Y w✓»rYl• MyOr 4rl1IlYYaM M41Mls ro.lq Il0}ly} \.e[ L.R • W}Nr f.0 ITry 4ww1 r b IfIO {.q L.R ! 4»y MNt [ car {M ISB•gp [In LR /iR Scarp MNr f0 4M Yw.4r I,m Irf@ I.sM1 B.A IU[ [0 yrY` 1-M 1.1L1 Ipr.mr r.fM1 B.R rGr[ MMNr y4r MNr c wa I.Iq IM;® I.in L.R W MNr LO Ggrd! I,q} h10.1rr 1.[n f.R 4..a1 MNr w4 ae IYhy4iaa ]!nl Isa.q} }M B.R U W.iIY Lwp Nlnl C 0 NI4 YBrgwl r \..N ISIM f.014 0.51 4/ a4 Ow IM16Ifl G.0 fpri•l. mrY. M I•f»l. Iq IGr f.1r 0.51 ! MR Le»I} WWLI 6»•rp 01W w[ I�em IMAU r,q 0.fli W1• U»W m Ipafnl c.0 sw •10 xgrp r 1.01 Iy4OY {.Ir 0.[e IIIbrV pyLr G.0 Iraraa•lr m 11Fi IR L.Sn •4w1 r4 bbVr Sw Nsf 0b. 4••1»Is r01 IgSOi L.}li f.LE p m ar WI}nr co 41i1!/ls. w Yqr YI If►MI L.Ge af}i a lF q'IRi co Y»1 Y141L»1sr Y01 MB f.e{ f.N ! M WINi 'p. qY qw r.rrlr fq ILW B.R B.Y{ r Lb m•lG wlLar liurw A r agr Iwim L.Br' c.af mllr W;Rr L o frY.ar\ a. w m IM m a.R 1.fr a: Nr L 0 M YI41Ylls •lrn m 1q-IM 1. M� \r r par 4rIY ININr VM Mle pll» r e! Np I.]I{ lYf a Sw Bwf 'OY glNr ILllrr lf. r»IIIJa Yr•Ylh I,al IapAOr { M B.M W IIM Iam a blLq Yn.4r Ib Nr GO. rrw�nr S.BeI 14M4 B.a{ B.In • MIYrf Im Nr G.0 aF�l r fY IM-IM r.fM1 L.IM1 I Iy.MI f 0 m Iw�l 0»rr LBq Ie4iei L.M f.rn Y NRI 4.0. b 4�! r WII Iffa.A}r L.lr AR • mryb Nral I»riY cq. W rarwl0»r Ml YYdr hs f.R SYpIY Nrnl c raraan Y•t b 16hy i.R ft yla 4ny w}fnl eo.r rstl Iwgr ,.S .Y a..ra l LIY OVINI IY40.0. Ir lwrwl Wl m h10.Mr h.le B.R •1 am OVINI GO rp ir[ra•1 br I.m M0.MI r.A f.3• 5l {awr ie. Gpw�•lr }.m IaLxW un as Al• .aa wsnr co ie..._•l w }.ow rW Apr , a. t W _M:r.N ww.r l.tMiw Wu eqn t,m :w sA oW dam. b wain, f p pN iiPn M1s,.r, tln ,iY :<R, , rR . E tr_ea w:Nr rmuto. r.vrY.p Mn im. :w.rwr eW ea orxG.. w:Nr a.l rA ain: o.a. xn., a.au :+. s rw ea waar cp. mp.x n.i=r. di. roar rfeeam ,W eat Y {rxwllNilt Nyn, i wsltwl bw ,.aM t W e A Y Oxa YrD wtlnl i nRlelt f W e A o lf4 oVd.el Liry tn_ ira' M 1 :LIW r A e A L 1.mY in OMnI r� t 4w 41•a 6Na Lai ri 5 m t ]R r• ywir pnl :prON, G 0 M r,qp :LMI UR Mplrn :Opq, 4.0 Iraltvt an S,OM :La. Tr r W e fn id:A, • r,Ol1 :i}w L N e W u M:Lw :d:N, ip Iiolty. .'nn :Larar r:it LW LO lrvil eM :t Rir reM1 eW plrywx Y::t :dAnr i O Ir_:tvS m r. r.P :Lw Ar r W i T waver r. t r. Y e. Y n rsmr :� L to e T r aur. imq. n. rbxnr G r sTr t rs e. T iwliiw rb#Tr Gp GSPeY rf•aar Wr rM :tApl e.W L.rR i wrx. sq rvwn G ,.nor rap.rmr e.A e T lS wMr G 0 Iry YNrwr I,>tlr :44rRr t V1 e T yyfp rNlnr GI' fspN Wt r.SrP :LeFMi t T ern x.nmwe wMr w.twln cry _iraw.x ..+• r.ry :La..rpp. etlt •rn r Orin. upn•rl. OiA/6r Y w�p Yprv�n bra :r} :Le&tpb r T e W wi4r MNiq rrMa_•n ixt :b :'II.IW r.W a W qyS q yrvmn, bY• Srq rW-Mr e T L OA wrNr MWIA rT�^r eeN Sffi riFAd r W e i! wryer 4 xlerS tin.. �.r itTa bv+ }ur rtaR teM1 ia1 wrLel MWIq rws�^r Wr :i Tr r W eA wrq rq.cr�.r wt r.es :saov+ r rn e a e�� .a c: wane c o +ermr M:.rq.w sw r.m rW.�ps r wt e A w.nnr x.w i.rnxf. o•n.r<l y t.a. Liar rW� r rn • w :OMnr Mwrq Owv�•1 bNt 1��r r LR t fA Iirp gO li d:]nr G �brber i,� � t5R e.W w core. a W e W rluiemne• ib:Nr Mwrq w�.l rnt :.At r a T ern Ml r.,a idrenr Mwrq oeim.l M.t v rw av e W ern i Lucy C. Mitchell 1745 Willow Drive, Long Lake, Minnesota 55356 &ti--V .� ORONO POLICE DEPARTMENT ME RIiY CONTROL NUMBER IOCAI E C 1/ CO.' AOENCV NUC MEN' ICAGI / O TEfTI f REPORT MADE f 7 loi M. L MEN CR[RDaI) TIME RPD ITRPI NBR ILGNI [DAY,S M W T F S O/ fir-+/DRATTE''RE/POOR/TE�DD �Y�'�Y" / �NLOC�ATION,G�RIIID PLACE COMMITTED IPLCI LNER 11Nr�1�JO11 ECUADOR BADGE#ISBN)�TIJM,E-AJp�yO�ITA�SI 1TIME �ARM fT[AjAPII TIME CLR. ITCLI 0 OFFICER A%IGNEG[z ABRIS EG Er ; D.D.B. T."Id O M1w I.P" Olmoui i Ce^.^l O A .W API PMP. p TW O.PINA. ".I O Ph.. ❑ REPORTING PE RSOMMOP FENDER❑VICTIMn I O.O.E. 16MBINESBADDREW SEE MR D Ph. D W I - RPeb - Alum ROLLCALL Watn EI ReleaM Dept. Assist I Menage —sliver I Tested i TrarnDDeed nAdvised Cisation IssuedI I Devil Completed I I G.O.A. — i a I Y J• � E - COPY TO LNl �P sO CO ATTNr Q (.ITv ATTNv 000UMT ❑ CNIEi ❑ OTHER C DISPOSITION /JJ%fDD^Wd Cleared by erielt Ref Ddlel even, Inaetne OMei OFFICER'S SUPERVISORS SIGNATURE ORONO —L9— FRAM7IPH RAMP 1 1� VIMIINO HABITS - f'a �q ta,arw�il^ N/R 1 I — 783 1 W BD18Oflms _JOrI--cLg, 1 A mospoom 1 OF TV SETS IN HOUSEHOLD�- 1 OF TV SETS CONNECTED TO CABLE _ - - '� 7- - 1 OF MEMBERS IN HOUSEHOLD - ,7 1 - I q 1- y %/ 1 OF TV VIEWERS IN HOUSEHOLD _ H 7 - 27- 21 PROORAIMIRO WATCH WATCH N�q OFTEN SOME WATCH NOT RARELY OFFERED SPORTS PROGRAMS 2- o ' 3 7 - - 15 3 - FEATURE MOVIES 3 - 2 - D 20 to ' 9 CHILDREN'S PROGRAMS - Q SENIOR CITIZEN'S PROGRAMS / _ - - CITY COUNCIL 'LIVE'iq -35 y 3 - - 3 - 0 U.S. CONGRESS 'LIVE' I'i - �J 9- % - LOCALLY PRODUCED PROGRAMS _ q - O �- 22 - NEWS PROGRAMS - 17� SPECIAL FM STATIONS S Q- 9 - Al ,�/ - 2 0 O- MOVIES SOMEWHAT NOT NIA PREFER INTERESTED INTERESTED FAMILY MOVIES 15' I �j 55- 1 - 52 p970 /D 7- 601 y )Q I - Q , ACTION MOVIE6 WESTERNS 1- 1 - DRAMAS 11 - lip fit- L1 3 - - COMEDIES - 1 p/ OL - 20 - I 1 '7 ��/ - '/ MYSTERIES _ 1 2'5A la- 20112 3 - MATURE MOVIES 1 -11 5 - 2T 1 -/ 2Z -2 KM PROGRAIOIING L OTHER SERVICES VERY SOMEWHAT NOT r+�R INTERESTED INTERESTED INTERESTED FAMILY FEATURE MOVIES Z 1 - 24 HOUR MOVIESf�2 a -it 24 HOUR NEWS_- O� HOME COMPUTERS -' 3Z To VIDEO GAMES30 _� SHOPPING FROM HOME -1 ' CONTINUING EDUCATION COURSES r - 2- vlo STEREO SOUND FOR TV- - iIRC, MEDICAL i SECURITY ALARMS PROGRAN GUIDE (MAGAZINE) it-117 2'20 PROGRAM GUIDE (VIDEO) 22. 9n 3 b_ _��-QMiB/ ,�" 3�� `� - CALLS ?V SnVICE RATING CLARITY OF CABLE TV RECEPTION 7 - HELPFULNESS 4 COURTESY OF SERVICE PEOPLE RESONABLENESS OF BILLING PROCEDURES__ RESPONSIVFNESS TO SERVICE 6 BILLING CALLS EXCELLENT GOOD POOR 9 - 49 -too - 53 - Ll L a- I.o1 KX�- r,IC/ Li — L4 rMMCSISH MAPS VI=MING CA>tITB •Ab L4 L ( iC l 1 Of SUHSCRIbus 1 or ftnm ISES 1 OF TV SETS IN HOUSEHOLD 5_ 1 96 17% 191 34C 148 261 127 22% 1 Of TV SETS CONNECTED TO CABLE 13 J 357 63% 166 291 24 41 7 11 Of MEMBERS IN HOUSEHOLD 68 121 199 351 102 181 183 321 1 OF TV VIEWERS IN HOUSEHOLD _ EH 212 7 13 20% 165 29% WATCH WATCH WATCH NOT OFTEN SOME RARELY OFFERED SPORTS PROGRAMS FEATURE MOVIES CHILDREN'S PROGRAMS 14S -26 102 18% 87 151 154 27% 79 14% SENIOR CITIZEN'S PROGRAMS 161-28 1 16 31 29 51 217 381 144 25 CITY COUNCIL 'LIVE' 166-29 1 13 21 35 61 214 381 139 25% V.S. CONGRESS 'LIVE' 155-27 134 61 63 11% 212 37 103 18% LOCALLY PRODUCED PROGRAMS 41 71 NEWS PROGRAMS _ I zil- 7 SPECIAL PM STATIONS' MOVIES SOMEWHAT NOT . i. PREFER INTERESTED INTERESTED FAMILY MOVIES 6 2 11 313 551 156 28% 36 61 ACTION MOVIES 86 1% 292 51 150 26 J 7t WESTERNS 96 17 145 25S 209 37% 117 2041 DRAMAS 77 13y\ 288 Sit 168 29 1 34 61 COMEDIES 69 121 367 MYSTERIES MATURE MOVIES NEW PROGRAMMING S OTHER SERVICES VERY SOMEWHAT NOT INTERESTED INTERESTED INTERESTED FAMILY FEATURE MOVIES 6-15 294 52% 138 24% 49 _ 91 24 HOUR MOVIES 8-17 _ 24 HOUR NEWS 105-8 t 201 35 t 170 HOME COMPUTERS 8-21 8A 151 166 29 VIDEO GAMES 131-231 60 1041 139 2441 237 42t SHOPPING PROM HOME 138-24 39 71 136 241 254 450 CONTINUING EDUCATION COURSES 117-20 115 201 222 391 113 201 STEREO SOUND FOR TV Y)9-B 185 32 t 151 274 12 _ FIRE. MEDICAL t SECURITY ALARMS 137-24 Al I 1 198 35\ 7 PROGRAM GUIDE INAGAZINEI PROGRAM GUIDE (VIDEO) CLARITY OP CABLE TV RECEPTION NEL►FOI.NEBS 1 COURTESY OF SERVICE PEOPLE RER'1MABLEMRSS Of BILLING PROCEDURES �aI Eat P VSlVENSSt TO SBRVICE 1 BILLING CALLS CDSTONAi COMM S - POSITINT WANTS - LIKES I Add A -Bated Films Musicals Comedies 10 Mature or Adult Movies Foreign Films 3 More Classic Movies Movies running later In evening Better family movies 74 - hour movies 10 More Movies Old Comedy Movies 4 More movie channels More educational movies 4 More family movies 2 More nature/nat'l Geographic Quality 24 Hr. Movie channels More horror movies 7 More movies(premium) in basic cable More science fiction More classic movies Wants movies shown more than ]r More old movies a mysteries PG movies 2 Westerns 7 More sports local team sports on TV More tennis 2 More fishing 4 Temple 0 of M Hockey I North stars Hockey Trine More High School Plays Wants Nome Shopping club back Likes Stock Market reports 2 More channels Channel 25 14 Channel 3 (KTCAI B Wants channel 23 A a 8 Add FES 6 Likes PTL Add TER 4 Add Bravo 6 Add TMC 3 TMC Likes Disney AMC Add AMC Wanzs C-SpanlI Spanish Channel Like. EPG 2 MN Weather channel l BRAVO NASA Space Channel Add TNN Likes PBS Likes The Learning Channel Better selection un Nashville Educational Features Like. 'The Joy r Paintings More Country Mus_c channels 3 Live concerts (more) Add TON 2 Add Tempo 5 Tempo Religious Preiraffnirig 6 Playboy Repeat of ps - specialsagood reruns School Dist. local programming Travel channel 3 Likes The Weather Channel 2 More News 2 Wants Discovery WCCO Weather B WCCO II (add) Travelog of the world Festivals 15 Pay -Per -View Lower preml um costs 4 Would like free cable TV guide 2 Wants monthly tieti^q service is great Would like to be billed t ; 6 Mo. Likes periodic mailings of 'hannel Easier to read guide Billing due date to the 15th Program guide for premium channels Head new billing envelopes/billing Would like 'Frees program guide Senior Citizens discount 3 volume control on remote video program guide is good Wants better recpt. on Channel 20 S Wants more sterse Doane Wants more high quality programming Wants mere variety Wants HBO program guide delivered Interactive<-->Phone/TV/Computer Link CUSTOMER COMMENTS - RBOATSVR DOESN'T LIRE OR RANT Reviews of Movies on premium 6 Moor reception 30 PTL 9 Video Channels (MTV - VN-I) a Span B CVN Nome Shopping 3 E-Rated No Pornography Dislikes latenight programming R-Rated programming Nudity 3 Bea, violence 2 Local access channels Sports CNN 4 The weather Channel EPG RELI (41) Disney U.S. Congress interference on local et Day and evening soaps 3 Dr. Ruth Dislikes local cable channels • Auto Racing 3 Dislikes wrestling 4 Boring Dislikes martial arts channels Raving to be home for service changes T'1 Time doesn't cover all channels 3 Too many outages 6 Repition Mature movies Delete channels 12-16 2 Can't reed questioners 3 Phones always busy basketball Mature Movies 5 Religious programs Too many community channels 2 Cartoons 5 Prices too high Premium too high priced The way we set up appointments Doesn't receive bill soon enough.for pmt 1 Billing system; due date Bills and envelopes don't fit Nhv No credit for outage? service on week Is? Customer SErvice Dept. MOUND CITY DAY CELEBRATION To: L-( 011.-., 0-1r, . as c.,..... From: Harold K. Meeker P.O. Box 355, Mound, Minn. 55364 Phone: 612-472-6682 vovlI�ffe�ddb'r< 2#: ;is3fi - : Ll�r 21987 Subject: Mound City Days, Parade I/'!e would like for you to participate In our Mound C1,y Day's celebration, June 16-17-18-19, 1988. do are planning a parade, dance and Firemen's fishfry, boat rides -Al & Almas, carnival, K9 Police show, fireworks, etc. Last years events draw some 5 to 7 thousand people. We are Inviting you to oarticipate In our parade. 'de will furnish a car, driver, and sign who you are. Your families are also Invited to attend as we are planning on everts for the whole family. The parade will be on Saturday, June 18, 1958, at 10:00a.m. Last year we had over 100 units and many varieties. Please respond as soon as possible. Thank you, Harold K. Meeker Activities and Po11t1ca1 J:rairperson P.O. Box 355 Mound, Minn. 55364 Phone: 612-472-6682 Committee Members: Mayor Steve Smith Gordis Swenson Harold Meeker compumenu o1 s os Printing. Mound, 472 45W A few y.... Mck B. F. Sklar., Ms. ..k.d I., r.rle. CM ..aY nlon plan ... 1. fer school. ,,at had c... at th. Milli .... .fast I... Mcurnt. rch As A Ml inn M Risk end .th.l. I,.. I.d .uch nc.r.ndat l.•n. . titans, .ud..lc at.rd.rd. and Ln,v .c Mel dry./y.An. T. b. •ur.. 1rer. waand 1. c rid. unl. serlt In th. liar, bc.sndmlon.lh., II ... d trw • care of r.- l.n atudl... ■. F. Ski...... re...... 1. tM .tadlo ..A k.[h .upprttw ..it cMILn,InF• ,M, ch... to I.... rMt I ill..,. had nut aid. Mi. fair - I.... • .marred In . .1.,1. ..nnnp. "th.r. 1. . cen.pl,.n .1 ai IsrI. .knat n•cnlnp" Ybil. . r.ptlag to. chall.na. IIf nl.v, Skinner ad- .onbond in. r.ferr r. I., falling to add,... th. ao.t IwInnl 1.11.1 In .cn..l .rhbornt aM lunln,. 'M u¢Mr. al. p.•I., . as ....4M1rnrtd. kllMut as elf.lclln loch., In th. al... row. tarp, .ch.ol dap end . n.d.n. 41ti1 r.camhillIs' imil hilr at.n- 4rd..,. .I ll[tl. rrit. Sklnnar I. a lint 11'... ed.wll.nal na..nMre .M Ikeda,. nil... Mlrin, u. to mdevbM tM c..pl.a ,.1. at 1M 11... rut n.cM,. Tn. npMr 1. as, . t.l Mlll...lrh . racist a ... OI pr.c.Aro is lol- l.. ➢tan I. an Salk ..lc 1. lot t..dly Ills' rb.s l ns"t hl.... w l l . ORONO SCHOOL HOARD David M,Kown. Chairman 479-1692 Dom Anderlit. Vicc Chairman 479-1810 Lucie Taylor. Tmawrcr 473-1189 Kitty Crosby. Clerk 478b037 Jim Franklin. Davuor 479-2130 John Marsh. Dimcmr 475-3197 M... rch I. h.IVir, Y uad.,.,." taw a...led,. and dill n9ul ten lid df.,llrir t... alit. - Ill..rl.nru .. n.chl., upon .hlah tau Mn a,.. n.un[1> oakina decl.lon.. It 1. set .rulb to .Lply knw wbl.lt utt.t .. IIM wrkln, with Youn, people. T..chln, 1. Is, .0,. coop La. It ,eaulba c..p..... v and upltb. In .11 Of 1M f011all uµ wean. Kmnb4e abn.t •tuWnI q,akth end d.r.l.prn[. - M.t." .1 lint i... hln, ♦.nnn[ .r .ubl.ct ul- is,. - M..n ,.fall.. .kill. I0 work rl[a nY..aloe p....1. and 1.110. vrn(... I ... I.. - K.o.1.dii. .bout .11 .f th. .r.11.bl. ln.[,Yc- if.n.l .al.rl.l. trw I..lbO.t. ,. IAk.ntnrba. Ira. cM1kba.,d. 1. cu.Muur.. .lid kro.l.dp .bout YMn t. us. [M. In IM l.achlnK procu.. - pl.nalna skills In, Irnun lone - cl... ron...n.prnt e1 1h. curt llulw. lha as .bursa[. and .lud... MA.r tor. - All .1 [M lrtructl.nal knwledd. aM .kill. nl.tsd IV dLc, Ire t...hln, and the p.r.ho- lepl..l I., t.r..1 .lit lt., ion and ill nferc...n[ whl.h auppor[ luenln,. T..c nor. do rot pick and! cbo.. I,— —., has.. fine, at. .11 r....... Anil l.c. IM h..l. ,, ,.rid bAC M..a de[ b 1ena. Teaehin. Ilk. at Mr pr.b..1,no. Is de.I.lm-.aklnt. As as tresid., bprvr.rme ..4 ,dart for Iul uMw b. tv.p .w.rl In list If.... ..... Inlor..e is rq . oa.td., t1n A'Iks.r c.w. of I .... I., kind n.c Mr ..tin, 4c bier. Theo 4claom .1. sa , .tnl..ern[ - tM t... Mr. par flow nr•m.. RI,pa I. till• and .,lode 1. fart. [..chin, h.. n..a Aefin.d .. . . 1.1.f.1 And at u4bd hill ...... tiro. It .1.o ran .... t at,.r of d-i.lw.. r... ...prt for [uch.. to .alm.ln 1flat, .11a,[I..- ..,d lu arw ,nfu.Iw.ilr. Mil 1, r... n1w- Meh tuc Mr hrtny • prt WMllll. p.rb.p. rhIi Ii III. .l.ln, lM ....p1u1tY .f te.ublr wM[Mr Ina ua[Mr a Alit .1 a.r[I..... And . prwn.l .,,is I.• lM .1... I. I..boa.. I.. .... .wr. .hlldun In nNlq at o1M, row. bol wd.1.v41.g all of In., I. 111. .wad is ub. .talon to lhe r1,Mr 1.•n. OI 1Mrn[lul rl.a.a11,.. Wrblw. tMI • ..pp,[ed h. knrl.da. .M .kill .nut l..ral., ..a Mr. III— a, mlch Dual allder,ltdln, •,f krowbdp .M .kill 1. Ilk. Ins boprin4M.m science .I rdlcln.. It I rr b. allowed IM .na1.,87. T,a .,,1. In IM rl.rrow 1. Ilk. Ih. pM+b I+n'+ b.d- .Ide Mann'. both ... I.portant. Aare , in. 11.n .atNtlw r. ton.rdtM .ill. .r greet .lid -t tM ..pp.n ty oc I.sc.. It.allwd at c.lwnl MUSIC AT DRUM HIGH SCHOOL GUIDAHCF AT A GLANCE Upcoming Test Natee: SAT i.e. 23, 19E8 Registration deadline Dec. 18, 1987 ACT Feb. 17, 1988 Registration deadline Jan. 29, 1988 The CPP (Career Planning Profiles) to distributed and Interpreted to Juniors and their parents on November 21. If, for some reason, you were unable to attend that eve- ning, ask your eon or daughter to pick up the result and bring them home ea you can go over them together. The Family Ft ... 01.1 Statement (FSS) end Flnanrtal Aid Form (FAF) for. or. now ..liable In the guidance of- fice. They may be picked up at any time. however, they are not to be .clad unfit after January 1. 1988. These forms request info. it.. from your 1987 L040 federal tax returns. Student. should carefully .neck collage catalog. to determine which of the two forma their col- lege prefers. On January 19 we will be moving Mr. Gary Mess, the financial aid administrator at Hollandale Community College, speak with senior parents about the financial aid place.. and has to fill out thane forme. Nov Se the time students should be looking for echoler- ships. Many ap,.Ytu.Lt]n era pasted on the Raid.... office bulletin based. net. is ales a file of all scholarship applications we receive. Time and effort Is necessary to find and apply for those scholarslilps for which you qualify. Graduation requirements: To r tetra . diploma from Orono High School, a student met :eke Into consider- ation the following information: 1. Credit is granted on a semester buts. A half unit of credit 1e granted for successful caspletlon of a ..yea ear's work tad full wit credit Indicates successful completion of . •tar -long course. Not all ..urea. carry full credd t. however..ad a stu- dent should check very carefully that at0ssta saloom gred- natlon requfrene being not. it to the etu- Aent's responsibility to wet thee. requlrmman'.. 2. A minimum of five (5) credit course. sea most be token during each of the lour Years of high school. Only those credits earned In grades 9-12 can be applied t ova ref costing pnduellon require.enta, J. Twenty (20) total unit. are required for Rledutiti.. fro Orono Utah School end .u.t include: Grade Level 4 unite of EO,11.h 9- 0-11-12 T unite of Social Studies 9-10- 12 2 .sit. of P.LJHeellh 9-10 I ..It of Science 9 1 unit of Moth. tic. 9 9 unite of Rlectly. too.... 9-10-11-12 20 total units 4. All student. Dl eon In, to eon credit ..laid, sal high school to ..mar school. ni,ht wch.al, In - correspondence. etc.. war have the sppmy.,l of choir counselor before registering. Thin I. halt- ed to one credit Dy r. ALL -DISTRICT -PIANO -RECITAL Plano students from thruughtout the Orono School Dis- trict will buys the opportunity to perform in a concert setting in the High School Auditorium on Thursday. Dec- ember 1. The program will begin With the younger Stu- dents at 5:00 p.m. Relre.hments, provided by the Par- ents for Orono, will be served by a committee headed by gate. Jackson. Friend. sad relatives are invited to attend thin noteworthy Vent, Which is free to the pub- lic. PEP HAND SEASON The new student director of the Spells. Pep Bend is Jennie for.... daeghter of Chilies and Sandra Larson of Long Lake. Jennie Sea senior in the High School Bend and play. tenor saxophone. The Pep Band provides support for our winter sports activities. CHRISTMAS HAND INVITATIONAL The Orono High School Wind Erasable vfit boat that, annual Band invltattonel oa Honda, evening, December y fit the High School Auditorium. The Orono Wind Ensemble will perform at 1:00 p.m., the Waconis High School Bard a, 7.30. end the Belief. High School Bond at 8:00. Par- ents and friend. are w It. to to. to this .loge..; there is no chart*. Refrssh.enta will be served after the program so that eve c,one will have an opportunity to mart In . social tatting. HOLIDAY BAND CONCERT The Oman High School Wind Ensemble, Concert Bond, Joe ED... his and Stage Bond Will Pr .... t . Holiday Cnn.ert on Thursday, December 10, This concert Will Include mnsit by Rechmaninoff, LeRoy ♦nd.rmon. Bosefni. Weber and ,ether composer, So.e familiar wren. and Christ.. u.i, will be play. The featured soloist for the eve- :na le Julie Thai.. daughter of Michael end Bonnie Thele of Maple Plat.. Julie. a senior at Orono Nigh School, .veal clarinet section leader In the Wind Inueble. Will perform Yeber's "Cnnutrice for Clarinet," ar,oaioaolyd 1•v the Wind Enta.ble. Julie's .,her. Bonnie, le .1.1 am voapll.ned m.itlan and donates many hours of her line nmpenying Orono band :[.dent. on their . me+e coapn- "utama. Thar .ill be art .del .. ., lane... of 11.10 for adult. and $1.00 for student— OMNIBUS PROGRAM SCOLIOSIS The fall session of the onnlbus program has lu,t been completed. This PTA sponsored program for gifted and talented students would not be possible without the help of many vnlunte<re. Class offerings at the third grade level were "City Planning" taught by Susan Oppen. Roberta Schmidt. and Laos Shaughnessy and "Money, Money and More" taught by George Matt. and Dick Raiche. Fourth grade offerings were "Mysteries and Codes" taught by Nancy Check and Jennie Volkart, and "Futur- letics" taught by Betty Reitke and Carol Treater. Fifth grade class.. were "Artists and Imagination" taught by Pat Mack and Carol Pena, and "Polltcal Car- tooning and Satire" taught by Gwen Kirby and Lynn Whitely. Winter and spring Uvulae. offering. will be Comunies- tions, Architect are, Theater Art., and Cultural Anthro- pology. Many volunteers will be needed to teach chase addition- al classes. A complete curriculum is provided. If you would be Int.... red in hot., a enter In the Omnibus program, please contact Kay Sense, Gifted Coordinator (411-H01,) Pat Krueger, third grade Onn thus Coordina- tor (476-6764.) or Debbie Sorrell. fourth and fifth grade Omnibus Coordinator (475-4455.) R YINDER WCCO AM radio (810) will aget. carry announcements for the Orono School District concerning school closings because of severe weather. 1n case of early diem... 1. Schumann Elementary students will dismissed first, intermediate and middle school students second. and high school students last. 4a NORTH SHORE GYMNASTICS ASSOCIATION «. ♦_' Registration will be held for their wt.t.r ....Ian on Monday. November 10 and Nednea- day• Baconian, Z fro. 7,30 - 9t00 p.m. in the .[elect. of the Orono Middle School. NSGA'. -Inter eau I-- will begin December 7 and r n for 10 wake with . 7 weak hreak far Christ... Claaue will be offend far ch. two-year old tumbler to adult aerobics and they will be hold at both the Orono Middle School and at MSGA'e new [."lit, at 1105 Omniela Street in Long lake. All students presently in the program may pre-reRlater be mall. Far further information. call56.ri at 972-3867 or Mail. at 476-4111. Dart., the month of January student. of Rcode. 5-9 will be checked for signs of scollo.is by Joann Kee, Orono School Nurse. We do not have accurate statistics, but we can esti- mate that In the United States and Canada, some 10.000 grow Ing children are currently under treatment for acclimate. The condition Ia often to mild that treat- ment will never be needed. The condition falls in the category known no Idiopathic sentinels 85E of the time. This simply mesas a curva- ture of the spine, which is not due to another disease. Th. scoltosis Is caused by saw thing else 15% of the time. Because there are different types and different cause., It is Important that the reason for ecoliusis be diagnosed by a physician. He will want to be certain that It is not a symptom of something we* ► qua. Should your child receive a referral after the ecoliosts check and you see a physician, have him fill out the referral and return it to year child's school health .file.. JaAan Rae Orono School Nurse im AIDb: AN INFORMATIONAL EVENING Sp .... red by Or.. School District Aid. Education Committee Monday, January 18. 1988 7:00 - 9:10 p.m. Orono High School Auditorium 795 Old Cry. rei Be, Road Lon, take, MH Presentations by: Scott Strickland, M.U. Dept. of internal Medicine Park Nlrollet Medical Canter. Mpl.. Mark Nelson, Associate Pastor Trial" Lutheran Church tuna Lake Marvel BonRart, Principal Schu..c. Llewntary nr orW Cali Lynda Need. , Vletrlet Social Wrens, with 9ue.tl,�na, 477-7111, Ext. 709. SCHUMANN PTA CARNIVAL. COMING FERROARY. Iv88 RIDGEDALE YMCA'. HALLOWEEN SNOW BIG SVCCF.SS The Mldgedale YMCA'a Before and After School Pro- gram produced a Halloween show and haunted house or Friday. October30. Ten earning cleaves k from Schumann Ele- mentary were enter- tained with scary Joke. and wicked riddles. Afterward the classes were invited to enter the witches' house, com- plete with gravestone., mu®Im. and bat.. It was a ghost- ly good final The cut members Included Natalie Orton, Angle Nichol., Danielle Ma.pel, Sarah Hayes. Mike Allen, Andy Halldin, J.mi. J.... a. Title. Noah, and The Petersen. This year'. Schumann PTA C.urefval .111 be held on Feh- ruary 6. 1488 from 1:00-5:00 P•m, at the Middle Sdmel. If you c e to vnlueteer. Pl.... call AI ur S... n Lnnd- ley at 411-IJIJ or Jim er Jackie Anderson it 415-1161. `J I.S./M.S. CHORAL CONCERT DECEMBER 10 Pi ..a coma and share the Christmas spirit with us as the Intermediate and Middle School vocal departments pre -ant concert on Thursday. December IOsh at 7;10 P.Z. a 1.c Kiddle Stnuot gytoesium. Kim Fr.g.dl, John Oman Director. The cr.. see feels, In production of the chow Were B. 1. Wau eras. Molly Wasserman. Aaron Wasserman. Ryon Navel- NICN SCHOOL MUSICIANS YDLDNTEF.R iALF::TS Ise, Ran W.hlig, Chris Greene and Christopher Rues. "Then mmy, Brian N.,.. lus.0 us While tangled In a ORONO FOOTBALL. TEAM ENDS SEASON WITH SECTION :A CHAMPIONSHIP After a eornuful . of 10 wins and 1 1"e.e" the Orono Spnrlans entered Inn• .1.1, play -mils defeating HutchO 2I-11, the team than tr.u.•led to Luvern. to c e in thr to. rtrr-flnale •n November 13. Each..., and enthu.La.n e, , a1 u. all -tire h„h as students and staff from evrry Ina rurtlnnal Irv,l sent the team elf VIth cheer. and banner.. I'nr..t- tusutw, , In a tl1hl a lute.[, u. r dela.'•A .1- 11. Thanb. Spartan.. I.., ,r e,cn, sots.'. W.. ma .n I proud of you! Orono High School musicians from the hand and choir will entertain members of the Tamarack Club at their anual christmea program. Band members will also provideenter. tainment at the Appreciation breakfast at the local Pl.- near Museum a. a part of their commitment to commmity service. `S�OR � USt CITED WAY CAMPAIGN TOPS LAIT YEAR'S PLEDCLA "I Will! gesp,,udinp to Ou• Cnmmw,Itr'• CM1al le npv was the h" this I..IT's Intted Woe I.mpalan. the .spat, n rm hly with m ,h .uppurt and a rrys IT— Doug Lriaks. • Jan Iacehson, .era l.utr and CI.•ri., 1010—n. IHsNK%! A tolnl .•1 162 leplrrees p.n I,tP.led uth $4.719.00 nb «I d. mla• Thes, Its +peen Iasi uflt ,, eM.. .,, e[he M,k I n,,,. .mpi: vu-. Yrm [Twins -.,•, a Ift! I •ten.. Me.idrr n1111.1 •.,cal G..r:,r INTRAMURAL SOCCER Congratulations to all students who played Intramural Soccer. The Middle School held its annual soccer tour- nament in October. Naive be.,. ma competed for a chance to be In the chemplonehip. Those team. placing In the championship were: lot Place - Mr. Rocks's homeroom lad Place - Mr. George Johnson's homeroom Jrd Plan - Mr. Llnn's homers.. 4th Place - Mrs. Pomma cutting's homeroom The first place team received a trophy to have In their homeroom. Sportsmanship is always emphasized lc Intrame role. Mr. Lt..'. team vas chosen to receive the Sportsmanship trophy. Each homaroom that participates in the tour- nament chooses one participant from their ham. room to receive an intramural Sport..... hip patch. The people who earned this award .re: Mark N... as, David Evans, Mike Keith, Zak Woad, Carla Peterson. Paul Hawkinson. Michelle Wong and Jill Warner. 0 INTERMIDIATE SCHOOL INTRAMURAL CROSS COUNTRY EAGER On October 26 the Orono Intermediate School held Intra- mural cross country rates on the Orono campus. This event wee all or ... lead by Ms. Cunnte Pei sae with the able assistance .1 Li. Young. Wayne J.h..... .cod Bruce Frahm. Fifty-five student runner. and three staff runner n n par- ciclpated. Listed below are the r whplaced and received ribbons. All participantsalso were &we Ed r lbboas. Fourth Grade Girls Fourth Grade &1. lee Molly paschal let Coln Sha.Rhneesy Ind Katie Volkart 2nd Brien Fegere led Danielle Hitching led Brady Alshouxe 4th Julie Nelson 4th ❑o.... L.nren Sth Jenny Brad..... 5th .luau Schaeffer 6th Sarah Barg 6th All.. Coaulutto Fifth Crads Girls Fifth Grade sees Let Hilary S.nt.11 let Eflr Wbil.tn 2n4 Cindy Brs.. 'cod Tom srindl., led Erin Young Jrd Doug Silo. A[h T.... Mae. 4,h Corey M.t,.11 5th Michele Eleing.r 5th Justin start m... 6eh Teasel Johnson 6th Matt Gilbertson 6th Cur,, Nlcheila Lechers Participating Mr. Gilbert Mr.. 4u 11 an Mn. Itr rt wig Me. Laaben Mr. Malxnn Me. Luv. M[DDLE SCHOOL INTRAMURAL CROSS COUNTRY RACES The Intramural cross country race. for the Middle School vac held oa Thursday, heater 72. The winning homeroom was Ms. gueppers. Second place winner was Me George Johnson's homaroom, third piece vent to Mr. Julsrud's homeroom and fourth place to Mr. Wayne Johnson's homeroom. Individuals placing are: Sixth Grade Girls Sixth Grade Buy let Ratio Devi t[ let Jaaun Be, arflald Ind Marltleke Vandervort Ind Ryan Stwtmate[ led Kristen Hayes Jrd Colley Collins Seventh Grade Girl. Seventh Grade May 1.1 Danielle Stelnber, 1st Guthrie LIneA Ind Becky Berg Ind Martin Van De Peer Jrd Katie Nash Jrd tLtt Scherer F.Ixhch Grade Girls Eighth Gram Boy. let Mindy Anderson let Chris Hawkinson .'ad Carl. Pes.reon Ind Andrew Pregi Jrd Andrianne Caldwell ]rd Tom Mich An Intramural sportsmanship patch Is given for those .howlug good apo rtsmanship. These students earned the patch: David ¢vane, Cola, Collins. Keefe Edwurthy. Suave Streets. Ratle nrvltt, Andrew Pregl. Guthrie flock. ➢anlrlie Stelnberµ. Shawn Schnebley, le.on Butterfield. Activity Calendar District Activities 12 3 A DlDSstri.t Piano Recital N.S. Auditorium ........................ 5:00 p.m. 7 N.S. Hand Invitational H.S. And........ 7100 p.m. 8 IS/MS Band Concert N.S. And............ 7:30 p.m. 9 IS/MS Hand Assembly.................... 1:15 p.m. Continuing Education NIB. Rm 110 H.S... 3:15 p.m. LO H.S. Holiday Hand Concert X.S. And..... 7:30 p.m. IS/MS Choir Concert M.S. gymnasium..... 7:3D p.m. 11 IS/MS Chttr Asa.mb ly................... 8:20 a.m. 16 Board Meeting - M.S. Vocal Music H..m..7:0v p.m. 15 Newsletter Deadline 17 H.S. Choir Concert H.S. And............ 7:30 p.m. 21-1/I/88 NO SCHOOL - CHRISTMAS VACATION 115/88 Closes b.gin Elementary Activities 12/1 PTA Roller Skating Party Cheapskate ........................ 6:00-8:00 p.m. 7 EC/St Grade. I-3 'Hinter Open Has ....... SOO p.m. 16 Kindergarten Open Hous................. 6:30 p.m. 15 December Birthday Party 17 Grad. 3 Nursing Home Trip In[encJ. "e/Mlddle School Activities 14 i -1 tc Basketball - Mound - M...........300 p.m. A :::. ..la Basketball - Glencoe H........300 p.m. IS/MS B.nd Concert, H.S. And........... 7:30 p.m. 9 IS/MS Bend Assembly .................... 1:15 p.m. 10 MS Girls Basketball at Hutchinson ...... 3:30 p.m. ISMS Choir Concert, M.S. Gyno..Lus....7:30 p.m. 11 IS/MS Choir As ... Sly ............•••••• 8:20 .... 15 MS Girl. Basketball at Buffalo......... 3:30 p.m. 16 7M Grade to Guthrie "Christmas Carol .................................. 12:15 P.m. l7 MS Girls Basketball at Chas........... 3:30 P. xi h School Act Svlt l.s 12 1 Hrekq at Se. Cloud Cathedral.......... 7:30 P.Wrest - - ............. ingBasketball 1:30 p.m. Chaska a[ Cha. Girls ball at C Carle Bat 700 p.m. 3 Ed.. ............... at Edan Pral Mount ............... 7:30 p.m. BuysaY Gomm stic.[bell .t Mound ............... 7:30 p.m. Gymnastic. - .. . 7:30 p.m. 6 ................ Hound at Mound. .............. VtaGirl. 7:30 p.m. Hound Ma - Mound - Gress ing4at 7:30 p.m. 5 Bel ............ a[ Delano....................H:00 Hand p.m. 7 Band Invitational 8 Hockey - Apo/oval - Apollo - ............... 7:30 p.m. Baym Basketball - Mahtem- My$B p.m. kehtamad! .........7:30 Gymnastics t. Cha......................... 7:30 P.M.m 10 Band Concert ........................... 7:30 p.m. ll MackU,. - Btnllde - 7:30 p.m. Shakopee - H......... Bays Baekstball - thehopee - 7:30 p.m. .......... Carle Basketball at SMkop............. 7:30 p.m. IS Mackay - Shakopee- 7:30 pWreaia. ................... et Min .......... 7:10 p.m. Girl.lBag - all.- Glencoe - G/rla Basketball - Glencoe 700 p.m. .......... - . H.. Choir tic.Concert P.m. 17 ................ Choir Cancer Giant ...................... ....... 7:30 7:30 p.m. 18 Brest lone - Glencoe - ............... 7:10 p.m. Goya Bake taall at Olmu............... Marc 7:30 p.m. Cs at ................... 1: 10 p.m. 19 ..- H - Mackay - Delano - N p.m. ZG y Brooklyn Cent.......1:0n goy. Bas29. .. Gm..... 30).11 .....r (IB, 2Ba p.m. Basketball Lest......I:10 Gar-. )......... at Brooklyn Center Qs-303.t.............................. 1:00 p.m. 30 Gym nutlte - N.........................I:UO P. m. Spacial Mee, ien - ur[ohrr 6, 1987 • Accepted the bid of Energy Management Engineer- ing for a computerised, energy management system for the school district. • Expressed appreciation to Mrs. Joanie Lana and Mrs. Peg Swanson for chat, efforts on behalf of the school district levy referendum and the stu- dents of the Orono School.. • Authorised the call for bids on a nine -passenger station wagon for handicapped transportation. • Directed the Clark of the Board to certify allow- able levies. as calculated by the Minnesota De- partment of Education, to Hennepin County on or before Detuber 23. 1987. • Approved the special election results increasing the maintenance levy by 6 3/4 mills. • Cancelled the October 12, 1987 Board meeting. Hessler Meeting - October 26, L987 • Approved the hiring of MLt.i Overland as half- time Early Childhood/gamily Education Coordinator/ Teacher. • Approved variance request. for Allison Ballasting, grade 9, Jaeh3e Vandervort, grade 9, Martneke Vandervort, grade 6 to attend Orono School.. • Approved a variance request for Amy Norring to complete her education at Mound-Butooks School District and for Barbara Gll.r to attend Baygata School District. • Nominated David McKovn to the All Minnesota SCMol Board ep.... red by the Ml..... Is School Boards A.... fail... NEWSLETTER L_—*"AG4,Ae NOV 3 0p`7 (try of OrOne P.O. BDw 66 MN 55323 Crystal Bay LAKE MINNETONKA CONSERVATION DISTRICT A G E N D A Regular Meeting 7,30 p.m., Wednesday, December 9, 1987 TONKA BAY VILLAGE HALL 4901 Manitou Road (County Road 19), Tonka Bay 1. Position Interviews - 6,00 p.m. 2. Call to Order - 700 p.m. 3. Roll Call 4. Secretary's Report - Minutest October 28, 1987 5. Treasurer's Report A. Monthly Financial Report B. Bills 6. Committee Reports A. Water 8tmcturaa 6 Rnvironmeat Committee (1) Committee Report (a) Mound License Fees (b) Public Nearing Reports Rockvam (c) Code Amendment - Dryetack Storage (d) Moratorium - Dryetack Storage (e) 1988 Dock Licensee (f) Deicing Permits (g) Inspection Reports/Refund@ (h) DNR and CoE Permits (i) Environment - 509 Plan (J) Other (2) Committee Action (a) Sp. Density Permit, Variance, New Dock License, Rockvam (b) 1988 Dock Licensee (c) Inspection Reports!Refunds (3) Other mtfP T� (more) LAKE MINNETONKA CONSERVATION DISTRICT Agenda December 9, 1987 B. Lake Use Committee (1) Commirtee Report (a) Fishing Contest Policy (b) Special Event Permits - New (c) Special Event Permits - Renewals (d) Inspection Reports/Refunds (a) Water Patrol Report (f) Other (2) Committee Action (a) Sp. Event Permit, Lord Fletchers v nomball (b) Inspection Reportai Refunds (3) Other C. Executive Committee (1) Committee Report (2) Committee Action (3) Other 7. Code Amendments A. Dryetack Storage (third reading) B. Fishing Contests (first re.,ding) C. Recodified Code (first reading) 8. Moratorium - Dryetack Storage 9. Other Business A. Re,,.ution - Croup Insurance B. Joint Powers Agreement - Croup Insurance C. Designation of Depository D. Designation of Official Newspaper E. Other 11. Adjournment 12-4-87 A% LAKE MINNETONKA CCNSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL October 28, 1987 The regular meeting of the Lake Minnetonka Conservation District CALL TO was called to order by Chairman Raecnp at 7,30 p.m. on Wednesday, ORDER October 28, 1987 at the Tooke Be, Village Hall. Members present, Richard Garwood (Deephaven), Carl Weisser (Excel- ATTENDANCE stor), Robert Pillsbury (Minnetonka), Jan Boswinkel (Minnetonka Beach), Tom Reese (Mound), Robert Rascop (Shorewood), Ron Kraemer (Spring Park), Marvin B)orl4� (Tooke Bay), and Robert Slocum (Wood- land). Communities repree• , Nine (9). B)orlin Moved, Kraemer Seconded that the minutes of the September MINUTES 23, 1987 meeting be approved. Motion, Ayes 191, Nays 101. Garwood Moved, B)orlin Seconded that the Treasurer's Report be ap- TREASURER'S proved and the bills paid. Motion, Ayes 191, Nays 101• REPORT WATER STRUCTURES 6 ENVIRONMENT COMMITTEE, Weisser reportea that MOUND'S the committee reviewed Mound's letter regarding the increase of dock DOCK application fees due to changes in the Lmuu i_e system. After review FEE with Mound representatives of their need for additional time to ad- just to the new fee, and the fact that Mound has based Its fees on docks rather than watercraft numbers, the committee requested a legal opinion of the effect of a compromise fee for 1988. The committee eviewed Draft i4 of the ordinance ling standards DRYSTACK for drystack storage, containing changes resul om previous DISCUSSION meetings. Ar-er agreeing that subdivision 5 sh -ovide that all existing icensed facilities be completely 1, within 30 days of the effective date of the ordinance, the cum determined that the draft be modified to alit, an exchange rate . one -for -two to provide incentives to convert, that second the reading be recom- mended to the Board, and that the amendment be circulated to the cities and the commercial marinas for review. The committee reviewed the public hearing report for Surfside. The SURFSIVE committee was advised that application forme had been forwarded to Surfaide for them to meet the committee's earlier specifications. The committee reviewed Minnetonka Boat Rental's request to amend its variance order by allowing one additional pontoon as a tempt fishing -rental storage from fishing opener to July 1. and re Comma.. a the amendment for approval. Renewal deicing permit applications were reviewed and recoenendatlons for approval were made. LMCD Board Minutes October 28, 1987 Page 2 The committee wL tdvised of the public hearing by Rockvam Boat Yards ROCRVAM to add the former Greenhouse Eatery dockage to its existing facility, changing Greenhouse dockage from tran.iient to permanent boat storage. An information meeting fat L..e October 14, discussing with the with regulations. The committee reviewed inspect. recommended Board approval. v was held Wednesday, DEICING sir need for compliance MEETING afund requests, and The committee was advised of Metro DNR dredging permits issued in OTHER the area. The committee also was advised of the Watershed District's AGENCY gasline permit on Huntington Point, and specified relocation and PERMITS the laying of lines below 925.4 elevation. Reese Moved, Boswinkel Seconded that the committee report be accepted. Motion, Ayes 191, Nays 101. Reese Moved, K amer Seconded that the Minnetonka boat Rental vari- MTKn BOAT ance order be amended to provide for one additional pontoon . RENTAL temporary fishing -rental storage, from fishing opener to July 1. ORDER Motion, Ayes 1'), Nays 101• AMENDED Boswinkel Moved, Garwood Seconded that the follow' deicing renewal applications be approved, subject to inspects and notice to neighbors, Anderson, Steve J. Resberg, Paul F. DEICING Birnbsuc Gary Schmidt, W. A. PERMITS Carlson, Dennis Schultz, James P. Clay Cliffs Homeowners Assn Smith Bay Marina, Inc. Cu-' 's Minnetonka Marina, Inc. Taylor, Dave L: , Frank Fat.view Hospitals Grays Bay Resort 6, Marina Howard's Point Marina, Inc MacDonald, Reid Maxwell Bay Marina, Inc. Minnetonk. Yacht Club Minnetonka Boat Works, Inc. (W) Minnetonka Boat Works, Inc. (0) North Shore Drive Marina Motion, ayes (91, Hays 10. Tonka Bay Marina A Yacht Clo' Wallace, Rodney S. Wayzata City of Wavzata Yacht lub Welch, R. C. Wyer, James 1. Garwood Moved, Kraemer Seconded that Inspection report:. •Ppted and deposit refunds made for the following+ LMCD Board Minutes October 28, 1987 Page 3 Robert Hooper, permanent dock, Halsted's Bay DOCK David J. Kruskopf, permanent dock, Forest Lake INSPEr ON Upper Minnetonka Yacht Club, for variance denieO 8-26-87 RF.PORTb, City of TLacelsior, Density permit for charter bout storage REFUNDS Morton, Aye. (9). Hays [O]. LAKE USE COMMITTEE, Pillsbury reported that the committee continued its review- w a proposed fishing contest policy with representatives of the Minnesota Bees Federation. Upon acceptance of the changes and conditions proposed, the following four changes were considered to be of primary importance, 'xrmit .equ ,went, a 20-boat contest minimum before a Petmlt FISHING I a require, CONTEST 3LICY 2. Contest me &haling ,_"eta to be established at aeceptabi. locations, auto as Wild Goose Chase Island, Wawatosa Island, or Big Island. 3. The District require that copies of contest rules end regulations be submitted with applications. 6. We,,,,h-in locations be moved aroun.. the Lake with LMCD encouraging cooperation of facility opera �rs (letters to be sent to marine operators). Final recomcndatione are to be aa?a at the next committee meeting. Ilia come 'tree continued its review of Lake toe rules with represent:.- WINTER •lve, of onw,. il, and three-wheeler associations. Upon reeommn- RULES dation of the Wei., Pa.ttol, that the District consider its BWI rule rather than the DWI cobite f. au. 'ion In the wintar riles, and discussion of the atate ape, Jim, o' 50 mi`-ra pet hour, the committee reeomonded that Dla,ri, adapt tts BWi rule to tinter vehicle use, and provide Lot a 50 mph spend limit beyond 1,000 feet The eouxatae considered possible ertabl,si•. . ` ...vaobile trail' SNOWMOBILE on tb• Lake, marked by 20' 4 ,, poles with . .ierv. vhi;n appL&ently TRAILS has been used successi y 1„ o.+.r &ream of the %tote, ouch AS Gull Lake. Whilt tratle w ,tld be mefntatned by assocl,:i, members, costs of the i lee would nave te at ' -me by the LMCD or a nue other inter- ost.ed 'P. viica.ion ' the water Patrol presently signs danget area i•e Lake, and A, . there is no apparent benef t for having ern... ilers stay in m.,rked trail�reaa, the committee t,.., the mercer under .dvisesfeut to determtne the _enefits of clubs' dea,gnati-,g ratla on Lake Mtnnetonva There w,ie no new or rang, 1 special .ent m.r, .is. LMCD Board Minutes October 28. L987 Page 4 The committee recommended approval of seven additional charter boat registrations, and approval o '.nspection reports and refunds. The Water Patrol reported that with the swearing -in of new Special WATER Deputies, their strength will be at 42 in November; with a third PATROL class of ten new trainees, started in 1987 to be sworn -in in March REPORT : 193, the Patrol hopes to be near its goal of 55 volunteers for the IY,A L sting season. There were 43 BWIs i.; 1987. Pillsbury Moved, eoswinkel nded that the committee report be accepted. Motion, Ayes j91. 101• Pillsbury Moved, Reese Seconded .hat the following Luke boo inspec- LAKE USE tion reports be approved and fee deposits refunded, INSPECTION REPORTS, Lake Nesters Swim Club, squatennial awlm 7-18-87 REFUNDS Shrine Skippers Boat Paiane, 7•l9-87 South Tooke Lions Canoe Race, 7-.1.5-87 Antique 6 Classic Boat Parade, 8-8-87 L,rd Flttchers of the Lake, sky dive 8-11-87 Mal. Tel, Gichi Cammi raft race, 9-6-87 Vineyard of the Lake Church, fishing contnst 6-27-87, and ckurch services 7-5-87 and 9-6-87 On the Water Sailboat Show 9-24 to 9-27-87 Motion, Ayes 191, Maya 10). Slocum Moved, Pillsbury Seconded that the foltowing cs irter boat registrations be approved, 1987 Afternoon Delight. Beth Hammer, Rent -A -Yacht, Inc. CHARTER Al A Almm'a I BOATS Al 6 Blmm's If Al A Alms's III ) Daryi Geyen, AL S Alma's S••nper Club, Inc. Al A Alma', *v ) Al A Aims'a ) Musts Ilan III, aeith Johnson, F Mon Enterprises, I c. Motion, ..lea 191, Maya 10). EXECUTIVE COMLI. ., Rascop repartee that committee reviewed the draft RFP for the Compn.henn'-n Plan. Jpan discussion of 'he m!norlty section, possible state cicipation, deletion of the .gat estimatt,; adding sections on wetland p.eservation, and on f!sh and MANACEI'ENT wild life management; additions to the mailing list; and the PLAN, schedule, the committee recommended approval of the RFP as -m• 'ed, RFP and distribution as scheduled. DISCUSSION, 3CIiEDULE, The rbedule of lmprehensiv, P was approvedt the come. 6 SUPPORT will continue .k other -agency support, troth advisory a flnancLal. LMCD Board Minutes October 28, 1987 Page 5 The attorney's statement of legal expenses for the Jenninaa Cove license was reviewed, and Board approval is recommendea for bW, , The committee accepted for further review the draft copy of the LMCD RECODIFICATION Code as recodified through amendment No. $9. Thw committee discussed further, plane for a Save the Lake fund SL ;13HING raiser in the form of a winter fishing contest to support the LMCD CONTEST ComDrehensive Lake Management Plan. The first year, still in the FUND pl,,..ing stages as proposed, would include limiting the number of RAISER participants to approximately 100 two -person teams to be held as late as possible in the fishing season, about March 5. Fatimated proceeds for the support of the plan is $10,000-$20,000, with the contest having private sponsorship. The committee also received the ICMA response to the LMCD search SEARCH AD ad; received Minnetonka Boat Works' request for a minor change in its license to cover a new boat lift (14'-17' wide and 8' longer)[ ORONO accepted Orono's letter concerning the Watershed District; recom- re MCWD mended the annual audit for approximately January 151 and was informed that all the new access signs have been distributed. ACCESS SIGNS Rascop also reported that Hennepin Parke is considering only the property east of County Road 44 for the proposed park; the property HENNEPIN west of County Road 44 would be available to Minnetrista for develop- PARES went. There are 5400 feet of shoreline and 14 parcels of land in this area, and $3.5 million to work with. Pillsbury Moved, Slocum Seconded that the committee report be accepted. Motion, Ayes 19), Nays 101. Garwood Moved, Pillsbury Seconded that the Comprehensive Plan's MANAGEMENT Request for Proposal (RFP) be approved and distribution made as PLAN: schoduled. Motion, Ayes 191, Nays 10). RFP BJorlin Moved, Pillsbury Seconded that the billing of Jennings Cove JENNINGS for $385 legal expenses be approved. Motion, Ayes 191, Nays 10. COVE Pillsbury Moved, Reese Seconded that the Minnetonka Boat Works' re- MTKA BOAT q xt for a minor change in its license to cover a new boat lift WORKS MINOR 14' to 17' wide and 8' longer • approved as a minor change. Motion, CHANGE Ayes (9), Nays (0). Pillsbury Moved, Boswinkel Seconded that the annual audit be ANN' authorized for approximately January 15, 1988. Motion, •: a 191, AUi Nays to). CODE AMENDMENTS: Pillsbury Moved, Boswinkel So .nded that the second DRYSTACK reading of the drystack storage Code amendment 't accepted. Motion, AMENDMENT Ayes 191, hays 101. LMCD Be.: : Po.sutes October 28, 987 Page 6 Pillsbury Moved, Bjorlin Seconded that the first reading of the Code WINTER amendment adopting by reference the stag: statute prohibiting the CODE: winter operation of motor vehicles on the fake while under the in- DWI/ fluence of alcohol or controlled substances be accepted, that fur•'=[ VEHICLES, readings be waived, and that the proposal be adopted (Ordinance .o. 92). Motion, Ayes (9), Nays (0). 6 Bjorlin Moved, Pillsbury Seconded that the first reading of the Code DWI/ amendment adopting by reference the state statute prohibiting the SNOWMOBILES, operation of snowmobiles and all -terrain vehicles on the Lake while ATVs under the influence of alcohol or controlled substances be accepted, that further readings be waived, and that the proposal be adopted (Ordinance No. 93). Motion, Ayes 191, Nays (0). Weisser Moved, Pillsbury Seconded that the first reading of the Code WINTER amendment to provide a 50-miles-per-hour maximum speed limit for SNOWMOBILE snowmobiles beyond 1,000 feet from shore be accepted, that further MPH readings be waived, and that the proposl be adopted (Ordinance No. 94). Motion, Ayes (9), Nays (0). ORDERS: Pillsbury Moved, Weisser Seconded that under for Smith's SMITHS BAY Bay Marina and Yacht Club (:ormerly Sailors borld) be approved. MARINA: After ',scion Weisser withdrew his Second. Weisser Moved, Reese HARDSHIP Second ,,,at the Ord -r Smith's Bay Merina and Yacht Club be JUSTIFICATION returned to committee irdship justific,tion. Motion, Ayes (51, Mays (4), Boswinkel, Garwo. 1, Pillsbury and Slocum voting Nay. Weisser Moved, Kraemer Seconded that the variance Order for the MARTINSON Martinsons be approved and executed. Motion, Ayes '91, Nays (0). ORDER OTHER BUSINESS, Pillsbury Moved, Bjorlin Seconded that the corporate DEPOSITORY authorization resolution (Reaolr':on Nc. 57) designating The Bank Wayzata as depository for the LmCD during this term be approved. Motion, Ayes (9), Nays (0). The LMCD public -hearing policy memo of October 28, 1987 was reviewed. ADJOURt '-.AT: Reese Moved, Garwood Seconded at 9155 that the meeting ADJOURNED be adjourned. Motion, Ayes (9I, Nays 101. Submitted Ly: _ Wally Cleve......-t, Secretary Approved by: _ Robert Rascop, Chairman MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 ATTENDANCE 7:05 P.M. The Orono Planning, Commission met on the above date with the t,,7}owinu members present: Acting Chairm-m Bellows, Johnson, Hanson and Brown. Taylor arrived at 7:18 P.M. Chairman Kelley and Cohen were absent. The following represented the City staff: Building 6 Zoning Administrator Mabusth, Assistant Planning 6 Zoning Administrator Gaf£ron, and City Recorder Peterson. Councilmembers Goetten and Callahan were also present. 11218 THE ESTATE OF RUTH SMITH 387 ORONO ORCHARD ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:05-7:13 The Affidavit of Publication and Certificate of Mailing were noted. Attorney Betsy Baker was present representing the Estate of Ruth Smith. Mabusth ,. vplained the request to subdivide a 16.1 acre tract into 2 lots as follows: Lot 1 - 2.706 acres total (2.62 acres dry) Lot 2 s 13.426 acres total (11.1 acres dry) All existing structures appear to meet required setbacks for the RR-1B zoning district. Staff recommends tab.ing the application pending resolve of the location of existing septic system on Lot 1; amending the preliminary plan to designate wetlands to east on Lot 2 and redefine dry buildable area on Lot 2; realign shared lot line for Lots 1 and 2 and designate a platted access corridor for Lot 2 to Orono Orchard Road. It was noted in staffs memo the issue of the transfer of land by Spencer Smith to Cedric Dettloff in the late 60's. Planning Commission will be expected to make a recommendation to Council regarding the issue of the illegal sale and violation of the subdivision regulations of the City. Regarding the penalty, Attorney Baker stated that the property is owned by the estate and the income from the estate goes to three charities (The National Wildlife, The World Wildlife Fund, and The Christian Children's Fund), and therefore, enforcing a penalty on the estat- would not actually be penalizing anyone. The estate agrees that the application should be tabled at this point. She noted that the estate does not own the property over which the new a-cess would be located, however, they are trying to work out this situation. She noted that the issue regarding the de'ication of right-of-way will remain regardless of this subdivision. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVBMBER 16, 1987 11218 THE ESTATE OF RUTS SMITH CONTINUED Hanson noted that he has a personal interest in this property but no financial interest, therefore felt there was no problem with voting on this application. Brown noted that several of the accessory structures on the property are in a state of disrepair and asked how the City could deal with that. Mabusth stated that the condition of the accessory structure are not related to the subdivision, hoewever, the City can inspect the structures and consider them under separate hazardous buildings proceedings. 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. 41104 GREGG PERL 309 wES^:.ARE STREET VARIANCES CONTINUATIUN OF PUBLIC HEARING 7:24-7:22 Gregg Perl was present for this matter. uaffron explained the request for rear and side setback variances and height variance to construct an addition to existing residence. Applicant requests a setback ,,ariance for the garage to be located 2' from the house structure, which staff recommends should be denied and str-.%!cures 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 open space with window, a variance is required. Regarding the septic system, applicant plans an interim repair 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 tested to date. 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 attaching the garage to house structure. Motion, Ayes 5, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 41107 N. LEWIS/K. TRETTEL 475 LINDEN AVENUE VARIANCE CONTINUATION OF PUBLIC HEARING 7:24-7256 William Lewis and Kathleen Trettel were present for this matter. 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 stated 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 ad the minutes from the August 11, 1980 Council .zing 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 Blocker, 450 Linden, felt Planning Commission shou` i not make an objective decision until reviewing the ess, 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' cor-srn regarding addressing the access, but felt the bui ng envelope 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. irles Hommeyer, 4125 Oak Street, stated he was cerned with the drainage with the increased hardcover and felt it unrealistic to build a house on the lot without changing the drainage. 3 MINUTSs OP THE PLANNING COMISSION MEETING BBLD WWRKBER 16, 1967 11107 LENIS/TRBiTEL CONTINOED 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 from the culvert upgrade are Hommeyer at 4125 Oak Street and Roland/Roden at 4119 Oak Street, noting that applicant receives an indirect benefit by the existence of the culvert. Ken Roland, 4119 Oak Street, stated he was 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 . 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 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." He felt, based on comments made, that the parties affected by this application are in now in a position to deal with staff recommendation. Brown felt that the issue of who pays for the culvert upgrade cost is beyond the Planning Commission's scope. Taylor suggested tying the condition of no change in drainage and/or resolve of drainage prior to issuance of building permit. Mabusth stated that tying this condition to the issuance of a building permit is acceptable. There were no other comments from the public and the public hearing was closed. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVE BB$ 16, 1987 #1107 LEWIS/TRETTEL CONT[NUED It woo moved by Bellows, seconded by Taylor, to recommend approval of the renewal variance per staff recommendation subject to the following condition: 1. At the time of building permit review, sufficient information shall be submitted to the City for staff to make the determination that the drainage pattern will not be "adversely affected" by improvements to the property i.e. Condition 46 must be satisfied. Motion, Ayes 5, Nays 0. i1207 GENE AND CATHERINE SCANLON 2815 CASCO POINT ROAD VARIANCES CONTINUATION OF PUBLIC HEARING Mabusth stated that applicant has requested that their application be tabled until further notice. f1209 TINA WHITE 2150 PROSPECT AVENUE VARIANCE CONTINUATION OF PUBLIC HEARING 8:04-8:06 Tina White was present for this matter. Gaffron noted that 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 per Planning Commission direction. Appl!cant requests a side setback variance to replace an existing porch with a solarium. Tina White noted that all other locations for the solarium would require a variance, except the north side which is not a desireable location for a sunroomt and the main purpose for the solarium is to replace the deteriorating porch. Johnson agreed that the proposed location ir. the only feasible location for the solarium, therefore, he is in favor of the request. Brown questioned the hardship feeling the porch could be replaced in the same footprint that exists. Tina White stated that the dimensions of the factory built solarium to match the pitch of the house are larger than the existing porch. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Hanson, to recommend approval of the sideyard setback variance as proposed per staff recommendation. Motion, Ayes 5, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 i1215 SMITH HAY MARINA 1955 SHORELINE DRIVE CONDITIONAL USE PERMIT SECOND REVIEW Gerald Toberman was present for this matter. Mabusth showed the Planning Commission a photo of a seawall similar to the proposal. She noted that a site plan has been submitted and the photo submitted in place of elevations. Tayloi felt that it would be an improvement to the neighborhood. Bellows felt the proposed seawall was a better alternative to rip rap. She recommend staff approve the treated wood that is used for cans. It was moved by Hanson, seconded by Bellows, to recommend approval per staff recommendation subject to building permit being obtained and treated wood or alternative cap being approved by the Building Inspector. Motion, Ayes 5, Nays 0. 1-.17 .TAMES TAYLOR/J.M.PBARON 1160 TONRANA ROAD VARIANCE PUBLIC HEARING 8:13-8:21 The Affidavit of Publication and Certificate of Mailing were noted. Applicant Janes Taylor and owners, Michael 6 Julie Fearon, were present for this matter. Gaffrrn explained the request for a hardcover variance to allow replacement of an existing block patio with a le,ger ground level deck. The proposal includes a 7 fcr2 screening wall along the south side of deck. Staff finds no view encroachment. 75-250' proposed hardcover is 36.61 (34.2 existing). Staff finds little extraneous hardcover that could be removed as a trade-off. James Taylor suL %tted photos of the two adjacent properties that ve decks located in front of the proposed deck. Commission member Taylor noted the letter fro. the F'earon's regarding -.,e proposal and hardship. Hanson felt the impact of increased 75-250' hard, ver would be minimal. 11 MINUTES OF THB PLANNING COMMISSION MEETING HELD NOV=Q= 16, 1987 #1217 TAYLOR/PEARON CONTINUED There were no comments from the public regarding this matter and the public ;.caring was closed. It was moved by Brown, seconded by Hanson, to recommend approval as proposed. Motion, Ayes 5, Nays 0. #1219 ORONO COMMUNITY CHURCH 770 OLD CRYSTAL BAY ROAD APTRR-THE-PACT CONDITIONAL USE PERMIT PUBLIC HEARING 8:22-8:26 The Affidavit of Publication and Certifi< -e c` Mailing were noted. Ingeborg Cici, Owner/Director of the Busy Beaver Day Care, and Gary Connell, representing the Orono Community Church were present fur this matter. Mabur" explained the request for th- after -the -fact cond' tonal use permit application of :rono Community Church that would allow designated areas of the church facility to be used by Busy Beaver Day Care for day care use, which Planning Commission and Council have conceptually approved. She noted that all conditions 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 Hanso^. seconded by Johnson, to recommend approval per fecommendati.n. Motion, Ayes 5, Naye 0. 11220 ROBERT ROEHNER 537 HARLON AVENUE VARIANCE PUBLIC REA 8:27-8:29 The Affidavit of Publication and Certificate of Mailing were noted. Robert xoehnen was present for this matter. Gaffron explained the request for a front setback variance to construct a 16'x 24' room addition to the south side of the residence. The addition continues the front and rear lines of the existing house, which is 0 .htly skewed on the lot resulting in a slightly decreased front setback from what now exists. The addition will b- from the edge of the traveled roadway. ^i+c .:atl i of the existing house, anv addition w + s•.back variance. 7 MIMUTP Z,7 TBE rLAhdING COMMIE MEETING hF-` NOVEW ER 16, 1987 ♦1220 KOEBMEN CONTINUED Bellowe asked applicant why the additioi coc' not he constructed on the west side which would a tt actual builC.?ng envel.ope7 Mr. Koehnen stated he would like a southern expos_ the addition; and a hill and walkout basement p the addition on the west side. There wet: no comments from the *public regarding this matter and the public hearing was closed. It was moved by lor, seconded by Brown, to recommend approv..1 pea staf. recommendation. Motion, Ayes 5, Nays 0. 81221 GARY EKLOF 6 CATHY LED 1965 P:u:ERNES�! POINT ROAD ,VARIANCES PUBLIC NEARING 8:3O-9:04 The fffidavit of Pt'liicatton and Certificate of Mailing were noted. Gary Eklof end Cathy Lee were present for this matter. Gaffron explaired the request for setback and hardcover variances to remodel/expand house, and attach garage. The proposed construction as follows: 1. Remove existing non -conforming garac.?, attach new garage and mudroom to existing house. 2. Add new foy and de^k/stairs on street side. 3. Put new f Nation .de existing housa which requires raising i... . Add second story over portion of existing house in 0-75' zone, 8' from side lot line. Variances requested as fellows: 1. 0-75' hardcover: existing - 39.0% no change proposed) 2 75-250' he 1cover: existing - 27 p oposed - 3.. 3. Structure addition in 0-75 zone. 4. structure addition within of sic t .twee 130' required). . Cont'nue existing 1' house encroachment int average !ukeshor _back; add 4' 2nd r'ory deck with total average seth.rk encroachmert of 5'. 6. Street setb. :-r y 'ncipal tructure . 2v' ^ requ'.red)1"e. g. -oots 25'-3 from rig'--f, v no Turnaround pro. oed). 8 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 #1221 ERLOF/LEE CONTINUED Referring to Exhibit H - survey of hardcover variances in immediate neighborhood, Gaffron noted that applicant's property has excessive hardcover in the 0- 75' zone and excessive total lot hardcover compared to the neighborhood lots. Based on the extent of work being done, Bellows thought that it may be better to start from scratch and rebuild. Cathy Lee stated that replacing the uniqueness of the existing structure would cost twice what is proposed. She explained that the summer rainstorms did considerable damage to their ,itch S gravel roof which leaked severely and damaged beamwork. According to three contractors, major repairs are necessary. Bellows noted that the issue of repairing storm damage is independent of the requests in this application. Bellows stated she had some very strong reservations regarding this very ambitious plan. She was concerned with Fagerness Point turning in to an area like Casco Point. She asked applicants what their hardship was involvi,ig the proposed improvements outside the existing envelope. Cathy Lee stated that the existing garage needs repair and therefore would like to replace it in a location to decrease the encroachment and provide a driveway area. Gary Eklof noted that the only addition hardcover proposed involves a much needed driveway. John Waldron, 1951 Concordia Street, stated he did not feel the proposal affected the density and felt it w-.-,uld be a significant improvement to the neighborhoo, and house. Taylor felt the relocation of the encroaching garage was an adequate trade-off for the additional hardcover. He is in favor of the proposal subject to the removal of an 8'xl2' boat house in the 0-75' zone. Brown felt the density issue is off -set by the home improvement and that the driveway was needed for safety reasons, therefore, in favor of the proposal. Hanson concurred with Taylor 6 Brown but felt some hardcover could be removed. Cathy Lee felt that the hardcover could possibly be reduced by removing the boat house, and slight modifications to the proposed driveway steps to foyer. 9 MINUTES OF THE PLANNING COMMISSIGN MEETING HELD NOVE14BER 16, 1987 #1221 ERLOF/LEE CONTINUED Jan Waye, 1885 Concordia, felt the proposal will upgrade the neighborhood. There were no other comments from the public and the public hearing was closed. Planning Commission discussed different options to reduce the hardcover. Cathy Lee felt there were a few discrepencies with staff's measurements and hardcover calculations. Johnson agreed that the proposal would be an improvement to neighborhood, however, felt Faqerness Point was already congested and found the proposed hardcover excessive, therefore could not support the proposal. It was moved by Bellows, seconded by Hanson, to recommend approval subject to: 1. Staff and applicant determining actual existing hardcover. 2. Removal of 350 s.f. of existing hardcover within the 0-75' setback. Motion, Ayes 3, Nays 2. Johnson voted nay finding the total hardcover excessive. Brown voted nay objecting to the recommendation to remove existing hardcover. 12 2 2 JAN WAYS 1885 CONCORDIA STREET AFTER -THE -PACT CONDITIONAL USE PERMIT PUBLIC HEARING 9:21-9:22 The Affidavit of Publication and Certificate of Mailing were noted. Jan Waye was present for this matter. The application involves an after -the -fact. conditional use permit for lakeshore restoration work already done. Staff recommended tabling this application to provide time for the applicant and applicant's contractor to meet with staff and the City Engineer to determine effectiveness of the technique used in stabilizing the steep lakeshore bank of the property and to determine what portions of the work should be removed. There were no comment; from the public regarding this matter and the public hearing was closed. It was moved by 3ellows, seconded by Hanson, to table Application $1222 per staff recommendation. "otion, Ayes 5, Na}s 0. lU MINUTES OF THE PLANNING COMMISSION MEETING HELD NUVEMBER 16, 1987 11223 JOHN B. WALDRON 1951 CONCORDIA STREET CONDITIONAL USE PERMIT PUBLIC HEARING 9:25-10:06 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for a conditional use permit to repair the lakeshore bank that was damaged during the "sup(-., storm". Applicant wishes to repair the damage by '.)wering the grade to create a walkout from the exiF .►g house, construct a retaining wall at that cut up tt, the house, and regrade the slope and seed it along the lakeshore. P-oposal also includes a deck extending from the west side of the house where no deck previously existed. Applicant proposes to reduce some house hardcover by installation of gutters and a sealed pipe straight to the lake. This direct transportation of roof runoff water to the lake through a pipe is directly contrary to the City's philosophy that all roof and other hard surface runoff should travel over and through the ground surface for filtration purposes prior to reaching the lake. John Waldron was present for this matter and explained that the storm was the impetus of this proposal. He explained the conditions of the SBA loan to be used for repairing the lakeshore and house improvements. He stated the damage to the steep lakeshore bank is a serious physical hardship that must be remedied and believes that his proposal to reduce the slope is the best solution. He submitted a letter from Hennepin Conservation District which he feels addresses the slope problem and supports his proposal as the best solution. In general, he felt that the proposal can only have a positive effect on the health, safety and welfare of the community, by protecting the lake from future pollution as a result of erosion and other runoff; and by adding a walkout and deck to the property, the proposal will only have a positive effect on the values of the property in th-� surrounding area. Regarding the transportation of roof runoff through pipe, he contended that runoff from the roof is (-lean, therefore, would not be detrimental to lake quality. He noted that he would use perforated pipe if necessary. Hanson noted the three other alternatives to applicant's proposal and suggested tabling Lhis application in order to review the alternatives. 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVE14BER 16, 1987 #1223 WALDRON CONTINUED John Waldron noted the drawbacks of retaining wall and stabilization fabric alternatives: Retaining_walls involve extensive cost, are less aesthetically pleasing than a naturally vegetated slope, and do riot guarantee the stabilization of steep slopes from a "super storm" event. Stabilization fabric would also require some grading to soften the steep slope. lie addressed the many .issues outlined in his letter dated October 22, 1987 included in staff's packet. Bellows noted that the City has an ordinance and guidelines regarding grading within the 0-75' lakeshore yard. She noted the three alternatives within the conformance of City quid -lines to solve the erosion. damage. She did not feel ti:Are was any connection with repairing the storm damage aid the neccessity for a walkout. Johnson voiced concern with controlling the erosion until the storm damage is repaired. John Waldron stated that he has placed hay bales at the top of the slope but the bales have since been pushed down the slope which he intends to replace. Staff suggested installation of a silt fence at the bottom of the slope at the lakeshore. Cathy I.ee, 1965 Fagerness Point Road, stated they had a similar problem with a different property they owned, and the only method that was found effective was cutting back the slope. As a neighbor, they fount' the proposal less objectional than "cribbing". Taylor noted that none of the alternatives offered by the City Engineer or Hennepin Conservation District included a walkout. Brown noted that the Cify has not allowed alot of grading in the lakeshore yard and found very little difference in the City Engineer's recommendation vs. the recom,endation of Hennepin Conservation District. He would therefore agree with staff recommendation of denial. Hanson felt he would need to study the information further before making a recommendation, and recommended tabling the application. There were no other comments from the public: and the public hearing was closed. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVE14BER 16, 1987 #1223 WALDRON CONTINUED It was moved by Bellows, seconded by Brown, to recommend denial of the proposed grading cuts to create a walkout and recommend that applicant submit a revised proposal for grading in order to repair and maintain his Lakeshore bank! and recommend approval of the lakeshore deck proposal near the house as proposed conditioned upon concurrent removal of the 9'x 14' deck at the edge of the slope, resulting in a net inc.Lease of 37 s.f. of 0-75' har3cover - per staff recommendation. Motion, Ayes 4, Nays 0, Abstention 1. Hanson abstained. #1224 MINNETONKA BOAT WORKS 1449 SHORELINE DRIVE AFTER -THE -FACT CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 10:08-10:12 The Affidavit of Publication and Certificate of Mailing were noted. Byron Heimark was presert for this matter. Mabusth explained the after -the -fact conditional use permit/variance request for upgrading and expansion of the boat lift at Minnetonka Boat works. The Orono facility will service 3 of the larger boats currently stored at the Wayzata facility. Council conceptually approved the request at their November 9th meeting. Bellows asked why the Orono facility must store the larger boats at this point? Byron Heimark explained that the Orono facility needed to replace their boat lift with a safer style which are wider than the old style; and with the remodeling of the Wayzata ficility, they can no longer store the larger boats and meet the parking requirements. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by recommend approval Ayes 5, Nays 0. Bellows, seconded by Johnson, to per staff recommendation. Motion, MINUTES OF THE PIANNING COMMISSION MEETING HELD NOVEMBER 15, 1987 #1225 JAMES H. GILBERT 955 TORKAWA ROAD VARIANCES PUBLIC HEARING 10:13-10:17 The Affidavit of Publication and Certificate of Mailing were noted. James Gilbert was present for this matter. Gaffron explained the request for average lakeshore setback variance and hardcover variance to remove an existing deck which extends from th,. main f loor of the residence and replace it with a somewhat larger deck and patio system. The long term plan also includes a gazebo. None of the proposed structures are within the 0-75' setback zone. Staff recommends approval of the average lakeshore setback variance finding there will be no view encroachment upon either neighboring property; and recommends approval of the 75-250' hardcover variance of 27.9% finding there is no extraneous hardcover on the property that can be removed and noting there is virtually no hardcover within the 90' setback from the lakeshore. Staff recommends that if a gazebo structure is constructed, it should be at least. 10' from the side property line. In addition, referring to a chain link fence shown on the plan, staff advises applicant that the height of this fence may not exceed 42" above grade and may not continue into the 75' lakeshore setback zone. James Gilbert stated that the existing deck needs to be replaced and noted that the proposed structures cannot be seen from the lake or adjacent property owners due to topography. There were no comments from t')e public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Brown, to recommend approval per staff recommendation. Motion, Ayes ri, Nays 0. 14 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVO4BER 16, 1987 i1226 WINTON WOLD 4650 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 10:18-10:27 The Affidavit of Publication and Cert i.. .;ate of Mailing were noted. Applicant Winton Wold and ow:er Mr. Laughlin were present for this matter. Gaffron explained the request lot area variance to construct a residence cn Tract B of Ri S 1036. The proposed lot is .77 acre in a 1 acre zone. Staff recommends approval based on the lot size being consistent with existing developed lots in the neighborhood and consistent with lot size variances previously approved in the LR-lB zone. Staff further recommends creation of a private access easement 20' in width, to be located 10' either side of the lien between Tract D and Tracts A & B. This easement would contain a driveway to serve Tracts B & C. Mr. Henry, 4725 North Shore Drive, complained that Tract A has been used as a dumping area for many years and would like it cleaned up. He is in favor of the lot area variance. Taylor questioned the easement proposed by staff which varies from the proposal of applicant and owners of Tracts A,B,C & D. He felt the easement should be entirely within Tract D. Winton Wold stated he had no objections to either way. There were no other comments from the public and the public hearing was closed. It was moved by Hanson, seconded by Johnson, to recommend approval subject to easement being contained ent .-ely in Tract D. Motion, Ayes, 5, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 #1227 PATRICK MIDDIAMN 720 TONKANA ROAD VARIANCE PUBLIC HEARING 10:28-10:29 The Affidavit of Publication and Certificate of Mailing were noted. Patrick Middleton was not present for this matter. Bellows explained the request for a hardcover variance to construct a garage on the property (no garage currently exists. Existing 75-250' hardcover is 55.5% and applicant proposed to remove large portions of the existing blacktop in the area near the road resulting in a net 75-250' hardcover reduction to 50.4%. Staff recommends approval. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Taylor, to recommend approval per staff recommendation. Motion, Ayes 5, Nays 0. #1228 HALTER R. MITTMER 1420 &A DUR PARK ROAD VARIANCES PUBLIC BEARING 10:30-10:38 The Affidavit of Publication and Certificate of Mailing were noted. Walter Wittmer was present for this matter. Gaffron explained the requst for side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75' lakeshore setback zone. He explained the objective of the proposal is to increase the space within to existing second floor bedrooms. fie explained the issue of a deck that has been constructed in violation of a variance appro, in 1978. Staff recommends approval of the propo. addition finding that there will f,e no significant cue% en,-. oachment upon the neighbors, subject to removal of the 8'x 30' deck, to be replaced with a smaller deck and stair system not to exceed 6'x 7' in dimension. Walter Wittmer stated there was a five year lapse in time between the 1978 variance approval and building permit and actual construction which led to a lack of memory of what could be constructed. He noted that previous to building the deck, he checked with the neighbor: regarding the size of deck and they ha(. no 16 MINUTES OF THE PLANNING COMMISSION MRETING HELD NOVEMBER 16, 1987 #1228 WITTMER CONTINUED problem. Regarding staff recommt-,idation, he asked to be allowed a deck anO stair system 6'x 8' in dimension. There were no comments from the publ:.c regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Hanson, to recommend approval of the variance pe staff recommendation conditioned upon removal of tht. 8'x 30' deck to be replaced with a smaller deck an(' stair system not to exceed 61x 8' in dimension. Moiion, Ayes 5, Nays 0. #1167 NORTH ARM ESTATES ASSOCIATION 215, 340, 350, 360 i 370 NORTH ARM LANE CONDITIONAL USE PERMIT SNCOND REVIEW Rod Eackerud was present representing the North Arm Estates Association. APPROVAL OF MINUTES Mabusth explained the request involving the creation of berms to receive 25,00C cubic yards of spoils from the suction dredging of the North Arm Channel. The revised grading pans designate 2 berm areas now located out of the 931.5 elevation. Each berm meets the 75' setback from the lake (Channel area) but the northern portions of the berm new encroach within 26' of the the wetlands. Berms are constructed with 4" PVC pipe at 2' height intervals. Mabusth noted that the MCWD has not yet given approval of the project. Rod backerud explained the process involved and length of time involved. Bellows stated she was very leary of this type of project being started at this time of year and the impact of a freeze -thaw cycle. Staff did not have a definite answer to whether a freeze -thaw cycle would adversely affect this project. It was moved I.y Brown, seconded by Hanson, to recommend approval per staff recommendation subject to applicant w,irking with staff regarding the freeze -thaw concerns; and noting that the Elan indicates a slight encroachment in the 26' wetland setback. Motion, Ayes 5, Nays 0. It was moved by Hanson, seconded by Brown, to approve the Minutes of the October 19, 1987 Planning Commission meeting. Motion, Ayes 5, Nays 0. 17 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 PLAMNING COMMISSION REPRESENTATIVE Johnson was appointed to attend the De-emLt 14, 1987 Council meeting. ADJOURNMENT 10:58 P.M. The Planning Commission meeting adjourned at 10:58 P.M. W,