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HomeMy WebLinkAbout10-13-2014 - Memo: escrow refund Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File . A• Date: October 13, 2014 G/L: 101-22205 Re: Escrow Refund Zoning Permit Application #2014-00534 pertaining to 850 & 860 Windjammer Lane is complete. Please refund the $1,000 to the applicant, Kathleen Khan. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Kathleen Khan 850 Windjammer Lane Mound, MN 55364 w:\street files\windjammer lane\850-860 windjammer lane project\escrow refund form 2014-01121 -khan.docx ZONING PERMIT ESCROW AGR EMENT C a t i00° Permit MAO/y-0s.3 y AGREEMENT made this �rt a day of c� N Q ,20 ,by and between the CITY OF ORONO, a Minnesota municipal corporation('City")and ti jK. (•Owners•) Recitals E-a 1. A building permit application has been filed for a zoning permit for a prop rty Ioc�ate at nn a j Subject Property"), legally described as��Rca 2� ( LIP i V`f� .1 H epin ut�(" nty Minnesota. 2. Owner requests the City to review this application. 3. The City will commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shell deposit$2,000 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning,engineering or legal consultant review)or will incur in reviewing the plan.Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of- pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that i _caused the work (including planning, engineering, or legal consultant review) associated with permit # cO/y— $yif compliance with the approved zoning permit is not accomplished. 3. MONTHLY BiLLING. As the City receives cdnsultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in#3 above,shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed and written notification is received from the Owners requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners,or if the eligible expenses incurred by the City exceed the amount in escrow,the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn.Stat.§§415.01 and 366.012. CITY: CITY OF ORONO OWN E-: By: 1ttiV 1 dair�.. .. '.� ._!IS:Rahn\►/ir nVl PAkil4 , rfi 1)i11.!M:3;tiiali tetLJ?t tri ftii iar(l7t�i��Gt��'siirit3rit st].to l]'7iil'Q?�YLiI�IC Updated: November 30.2012 �}« rj t iA ha'i'c. r.r-135w G4 S i 1"R ;5 t}tC-Ed 8-lg6"'.:p�t RR 28 2014 gAtnt t`\;`.aat' 31038 ,x , oo C1tdk'vC(Nt'i'76Er-eo: SI9., CITY OF ORONO *I zI 0 Ill 4I-II II 0II511 I5 II 2750 KELLEY PARKWAY DATE ISSUED: 06/02/2014 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 850 WINDJAMMER LA PIN : 07-117-23-11-0010 LEGAL DESC : PIRATES COVE : LOT 006 BLOCK 001 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS ESCROW IS TIED TO ZONING PERMIT 2014-00534 APPLICANT ESCROW FEE-APPLICANT 1,000.00 ESCROW FEE-DEVELOPER 0.00 KHAN,FAIZ&KATHLEEN TOTAL 1,000.00 850 WINDJAMMER LA Payment(s) MOUND,MN 55364 CHECK 3638 1,000.00 OWNER KHAN, FAIZ&KATHLEEN 850 WINDJAMMER LA MOUND, MN 55364 AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances goveming this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance,or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. Applicant Permitee Signature Date Issued By Signature Date Christine Mattson From: Christine Mattson Sent: Wednesday, October 01, 2014 9:23 AM To: 'John Biglow' Cc: Stuart Alger; Harris, Scott; Peder K. Davisson Subject: RE: Pass-through charges for 850 & 860 windjammer lane Great...thank you, I will start the escrow refund process. Please note all expenditures, including escrow refund requests require council approval. My next opportunity is at the Council Meeting on Monday, October 13th. Checks will be mailed on Tuesday. I anticipate the final payment check to arrive before the 13th. If not, I will hold the escrow check until it is received. Christine— From: John Biglow [mailto:john©biglowlaw.com] Sent: Wednesday, October 01, 2014 9:16 AM To: Christine Mattson Cc: Stuart Alger; Harris, Scott; Peder K. Davisson Subject: Pass-through charges for 850 &860 windjammer lane Dear Christine, Thank you for your email this morning. A check for the remaining $132.36 is being sent to you today. John. John B. Biglow Attorney at Law 895 Tri-Tech Center 331 2nd Ave. South #895 Minneapolis, MN 55401 612-339-9221 Fax: 612-333-3201 johnna,biglowlaw.com This message and any attachments are intended only for the named recipient(s), and may contain information that is confidential,privileged, attorney work product, or exempt or protected from disclosure under applicable laws and rules. If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message and any attachments is strictly prohibited. If you receive this message in error, or are not the named recipient(s),please notify the sender at either the email address or the telephone number included herein and delete this message and any of its attachments from your computer and/or network. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege, protection, or doctrine. Thank you. 1 Christine Mattson From: Christine Mattson Sent: Wednesday, August 27, 2014 7:54 AM To: john@biglowlaw.com Cc: Harris, Scott; 'Alger, Stuart' Subject: Pass-through charges for 850 & 860 Windjammer Lane Attachments: 850-860 Windjammer.pdf; supporting documentation.pdf Good Morning, As mentioned yesterday, attached is the invoice for pass-through consultant charges for the easement holders on Windjammer Lane. Once this invoice is paid, I can start the escrow refund process for the Kelly's and the Khan's. If you have any questions, please don't hesitate to contact me. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway Orono ! MN 55356 (physical address) PO Box 66 ! Crystal Bay I MN 55323-0066 (mailing address) '1 952.249.4620 I 8 952.249.4616 ® cmattson@ci.orono.mn.us ' www.ci.orono.mn.us Summer Office Hours: (Monday, May 19 through Friday,August 29,2014) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, September 1, 2014 From: Alger, Stuart [mailto:stuart.alger@stinsonleonard.com] Sent: Tuesday, August 26, 2014 12:00 PM To: Christine Mattson; Harris, Scott Cc: Harris, Scott;johnObiglowlaw.com Subject: RE: Pass-through charges for 850 &860 Windjammer Lane Chris: OK;thanks for the clarification. Here is contact information for the attorney representing the Broghammers, one of the easement holder families: John B. Biglow Attorney at Law 895 Tri-Tech Center 331 2nd Ave. South#895 Minneapolis, MN 55401 612-339-9221 Fax: 612-333-3201 john@biglowlaw.com You can send the invoices for the permit-related pass-through charges directly to Mr. Biglow,who I have copied on this email. Stuart Stuart T.Alger I Partner I Stinson Leonard Street LLP 150 South Fifth Street,Suite 2300 I Minneapolis, MN 55402 T: 612.335.1873 I M: 612.961.5334 I F: 612.335.1657 stuart.alger@stinsonleonard.com I www.stinsonleonard.com Legal Administrative Assistant: Deb Jolly 1612.335.1608 I deb.jolly@stinsonleonard.com This communication (including any attachments)is from a law firm and may contain confidential and/or privileged information. If it has been sent to you in error,please contact the sender for instructions concerning return or destruction,and do not use or disclose the contents to others. From: Christine Mattson [mailto:CMattsonOci.orono.mn.us] Sent: Tuesday, August 26, 2014 11:19 AM To: Alger, Stuart; Harris, Scott Subject: Pass-through charges for 850 &860 Windjammer Lane Hello, I have to apologize, I misspoke earlier. The permit applied for 850& 860 Windjammer Lane was a Zoning Permit, for a minor land alteration. There is no credit given for engineering or legal costs for zoning permits only building permits; therefore all consultant costs are passed-through to the applicant, in this case the easement holders. I have confirmed there was not a pervious invoices, but am waiting to hear if there are any additional unbilled charges at this point. I wanted to explain the situation so when you receive a copy of the email I'll be sending to John, you'll understand it better. Again, I apologize for my error. Please don't hesitate to contact me if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) St 952.249.4620 18 952.249.4616 PA cmattson@ci.orono.mn.us www.ci.orono.mn.us Summer Office Hours: (Monday, May 19 through Friday,August 29,2014) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday,September 1, 2014 2 � CITY OF ORONO SLO: VT PO Box 66 Crystal Bay MN 55323 Phone: 952.249.4600 •1 4' INVOICE ti 'AESHO� Date Number Page John Biglow 08/26/2014 20140158 1 895 Tri-Tech Center Customer No, 105514 321 2nd Ave South#895 PAY BY: 09/25/2014 Minneapolis MN 55401 Quantity Description Unit Price Net Amount 1 Engineering Consultant July 2014 File 2014-00534 529.50 529.50 Balance Due 529.50 PLEASE NOTE: In accodance with Orono City code (Chapter 14, Section 14-110, paragraphs A and B) at the end of each calendar year the City of Orono can assess all unpaid invoices to the property taxes of the property associated with said invoice. Invoices not paid by the due date are subject to a late fee equal to 10% of the invoice total. MAKE CHECK PAYABLE TO: CITY OF ORONO 1101111111110111011010 PO Box 66 III Crystal Bay MN 55323 • • INVOICE Pleaaa Remit To: BCD L_T©N & , INC, O( Consulting Engineers&Surveyors Bolton$Monk,Inc. ml rX 1980 Premier Drive i Mankato,MN wool-mo etsr '` r,:. DESIGNING FORA BETTER TOMORROW 507-825-4171 1507-825.4177(fax) , www.8onon-menk,com 1111 11111111111111 II 11 111111 !III III I I 111111 I I I 11111111111111111113 11111111 lit l * 2014 * * 0168618 * * C13 . 107766 * City of Orono July 31,2014 P.O.Box 66 Project No; C13.107766 Orono,MN 55323 Invoice No: 0188618 Orono/2014 Development Review 850 and 860 Windjammer Lane, 14-00534 Professional Services Hours Rate Amount Principal Engineer Martini,David 6/27/2014 1.00 145.00 145.00 Review As-Builts for Windjammer Trail and Culvert ( Martini,David 7/14/2014 .50 145.00 72.50 Review As-Built Condition for 850/860 Windjammer Project Design Engineer Bean Jr.,Robert 7/1/2014 1.00 104.00 104.00 14-00534-850&860 Windjammer Lane-Review Erosion Issues On-Site with City, Discuss Potential Solutions Bean Jr.,Robert 7/15/2014 1.00 104.00 104.00 14-00534-850/860 Windjammer Lane;Inspect Erosion Repairs, Outlet Swale Stabilization;Meet with Homeowners to Discuss Final Approval of Construction,Permanent Access Routes Bean Jr.,Robert 7/17/2014 1.00 104.00 104.00 14-00534-850/860 Windjammer Lane;Inspect Erosion Repairs, Outlet Swale Stabilization;Meet with Homeowners to Discuss Final Approval of Construction, Forward Approval of Stabilization to City 529.50 Total Labor 529.50 Total this Invoice $529.50 Notice;A finance charge of 1.5%per month lomat percentage at 18%118 charged no balances 30 days or over. Christine Mattson From: Christine Mattson Sent: Monday, July 21, 2014 3:23 PM To: 'Harris, Scott' Cc: Alger, Stuart; Faiz;jsanibel114@hotmail.com; 'carolynbrog@aol.com'; 'kg885@yahoo.com'; Melanie Curtis Subject: FW: 850/860 Windjammer Lane- Pirates Cove Dock access Scott, See below for the engineers comments from last week. If you have any questions, please don't hesitate to contact me. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway 1 Orono j MN 155356(physical address) PO Box 66 ! Crystal Bay 9 MN 1 55323-0066 (mailing address) 952.249.4620 i 8 952.249.4616 ® cmattson@ci.orono.mn.us www.ci.orono.mn.us Summer Office Hours: (Monday, May 19 through Friday,August 29,2014) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday,September 1, 2014 From: Robert Bean [mailto:bobbe(abolton-menk.com] Sent: Thursday, July 17, 2014 3:03 PM To: Melanie Curtis Cc: David P. Martini; Christine Mattson; Brian Simmons Subject: RE: 850/860 Windjammer Lane - Pirates Cove Dock access Melanie, I performed a site inspection today to review completion of the outlet swale and restoration. The drainage way has been adequately directed away from the adjacent property owner's lake access path and permanently stabilized with sod and riprap. If you have any questions or comments, please contact me to discuss. Thanks, Robert E. Bean,Jr, P.E. LEED Green Assoc. Bolton & Menk, Inc. P:(952)448-8838, ext 2892 F:(952)448-8805 email: bobbe@bolton-menk.com • Christine Mattson From: Robert Bean [bobbe@bolton-menk.com] Sent: Thursday, July 17, 2014 3:03 PM To: Melanie Curtis Cc: David P. Martini; Christine Mattson; Brian Simmons Subject: RE: 850/860 Windjammer Lane - Pirates Cove Dock access Melanie, I performed a site inspection today to review completion of the outlet swale and restoration. The drainage way has been adequately directed away from the adjacent property owner's lake access path and permanently stabilized with sod and riprap. If you have any questions or comments, please contact me to discuss. Thanks, Robert E. Bean,Jr, P.E. LEED Green Assoc. Bolton & Menk, Inc. P:(952)448-8838, ext 2892 F:(952)448-8805 email: bobbe@bolton-menk.com From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Monday, July 14, 2014 11:51 AM To: Robert Bean Cc: David Martini; Christine Mattson Subject: 850/860 Windjammer Lane - Pirates Cove Dock access Bob I received a call this AM from Carolyn Broghammer (875 Windjammer) stating the drainage had been revised and sod installed. Can you please stop out there tomorrow to see if they addressed the concerns we identified? Also, we issued a permit for this project, can you assure that your time is being billed accordingly to permit #2014- 00534. Thanks - Melanie Melanie Curtis Direct 952.249.4627 Planning &Zoning Office 952.249.4620 Email: mcurtisRci.orono.mn.us Website: www.ci.orono.mn.us Summer Office Hours: May 19 through August 29, 2014 Monday through Thursday: 7:30 am to 5 pm & Fridays: 7:30 am to 11:30 am This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1 Christine Mattson From: Christine Mattson Sent: Thursday, July 03, 2014 2:04 PM To: 'Harris, Scott' Cc: Alger, Stuart; Melanie Curtis Subject: RE: Windjammer drainage and path issues Scott, A site visit was made yesterday. The path is hardcover, see City Code Section 78-1684(2)on how the city would address that hardcover. Based on the site inspection our engineer is preparing comments that will be forwarded to you next week. The project is not complete. If you have any questions, please don't hesitate to contact me. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway Orono ; MN 55356(physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) St 952.249.4620 8 952.249.4616 cmattson@ci.orono.mn.us " www.ci.orono.mn.us Summer Office Hours: (Monday, May 19 through Friday,August 29,2014) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Friday,July 4, 2014 From: Harris, Scott [mailto:scott.harris@stinsonleonard.com] Sent: Tuesday, July 01, 2014 11:00 AM To: Christine Mattson Cc: Alger, Stuart Subject: Windjammer drainage and path issues Hi Chris: Thanks for speaking with us today. Please be kind enough to get back to us about the hard cover issues we discussed,and please advise us if the City intends to give final approval to the path and drainage work when you have approved the new plan and as-builts regarding mitigation of the erosion caused by overflow from the lower basin. Thanks for your consideration. Truly, Scott Harris. Scott G. Harris I Partner I Stinson Leonard Street LLP 150 South Fifth Street,Suite 2300 I Minneapolis, MN 55402 T: 612.335.7013 I M: 612.670.2051 I F: 612.335.1657 1 scott.harris@stinsonleonard.com I www.stinsonleonard.com Legal Administrative Assistant: Kathy Ryan-Yares 1612.335.1453 I kathy.ryanyares@stinsonleonard.com This communication (including any attachments)is from a law firm and may contain confidential and/or privileged information. If it has been sent to you in error,please contact the sender for instructions concerning return or destruction,and do not use or disclose the contents to others. 2 Christine Mattson From: Christine Mattson Sent: Friday, June 27, 2014 11:34 AM To: 'falz@aol.com'; 'jsanibel114@hotmail.com'; 'carolynbrog@aol.com'; 'kg885@yahoo.com' Subject: 850 & 860 Windjammer Lane/#2014-00534 Good Morning, A site inspection was made at 850&860 Windjammer Lane today. The engineer finds the work was consistent to the proposed plan; however, there is an area of bare soil (minor erosion) beyond the rock basin on the south side toward the lake. Please continue to address the erosion issues and seed/sod as necessary. Per my conversation with Kevin (865 Windjammer) if additional changes are needed, please submit an updated plan for us to review prior to making the changes. After we approve,the work can be completed and as as-built survey will be required. The escrow will continue to be held until all vegetation is re-established. If you have any questions, please don't hesitate to contact us. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway Orono MN 55356(physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) S 952.249.4620 I g 952.249.4616 cmattson@ci.orono.mn.us ' www.ci.orono.mn.us Summer Office Hours: (Monday, May 19 through Friday,August 29,2014) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Friday,July 4, 2014 1 TOPOGRAPHIC DETAIL AND PROPOSED PRIVATE STORM SEWER SECTION FOR \ WINDJAMMER LANE ,01 1 BETWEEN LOTS 6 AND 7, BLOCK 1, PIRATES COVE s". Itrao- HENNEPIN COUNTY, MINNESOTA / A noltRi ' -a. ' .'''A,- . 1 i• 4 e ft: 0 ___, ..._j_ • .:---.:,* , -4.... , , , 0 20 ao ao _.-- --- 4zft.,.. , -.-4..., 6 .m.0. .....,—. i _.. / - --.,:.:;,..,...e.---zz.--/ .° Aq-- ...r--•—=:7_ iim*Ooir ..,. • ' '''1:.$1 ' • ----_' r ./..--,k.9.11*LINE ' ••>.--•-,-.,.4' -7-,lit:;i...z... .07 ___•••,...•__ SCALE IN FEET 0 , y , -•--....-._-•:_v_ '411/ , - ,_ ,.,-:.......... 7' '-' / 4 --- - _.„.... „_. ...... 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"44 ,74 -f 1s+e/S r u //....y o ,� .k'tiscs, -,,f:2, _iz,ney ll 7bF,pJ"a ,.,col ��i INS ai 4649 420 cil I MEMORANDUM Date: June 23, 2014 To: Dave Martini, City Engineer From: Christine Mattson, Planning Assistant c: Melanie Curtis, Planning & Zoning Coordinator RE: Building Permit Number 2014-00534 Between 850 & 860 Windjammer Lane Attached is a copy of the proposed plans and the as-built survey for the land alteration between 850 & 860 Windjammer Lane. Please review the attached information, visit the site and provide comments by Monday, June 30, 2014. Please contact us if you have any questions on the attached information. Thank you, PROPOSAL I: t J'i \'1' v I: i< CS 10/16/2013 33534 Z73415 I loth„Street ]immermmn,MN 9.1398 0 7 e .3,S.4}O$-f'.i 6 .8,6..S Z 3 o TO: BRETr BROGHAMMER 875 WINDJAMMER LANE MOUND,MN 55364 PROJECT • `®ESCRIP UON . WINDJAMMER LANE CULDESAC LAKE ACCESS EASEMENT WASH OUT REPAIR/EROSION CONTROL 5.380.00 CONSTRUCT INLET AND OUTLET BASINS WITH 24CY CLASS 3 RIP RAP INSTALL 12”HOPE TO BOTTOM OF HILL FILL IN WASHOUT AREA ON THE SW SIDE OF THE TRAIL,COMPACT AND LEVEL TO SURROUNDING GRADE PLACE STRAW OR STRAW BLANKET ON DISTURBED AREAS FOR EROSION CONTROL NO EXPORT OF TREES OF DEADFALL ALL TREES AND DEADFALL WILL BE MOVED ASIDE SALES TAX-OUTSIDE METRO 0.00 All.MATERIAL IS GUARANTEED TO BE AS SPECIFIED.ALL WORK TO BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES.ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDERS,AND WILL TOTAL $8,380.00 BECOME AN EXTRA CHARGE OVER THE ABOVE PROPOSAL ALL AGREEMENTS CONTINGENT UPON STRIKES.ACCIDENTS OR DELAYS BEYOND OUR CONTROL. Thank you, we appreciate your business! Signan4re: BRIAN R.SANDY