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HomeMy WebLinkAbout03-14-2005 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 14,2005,7:00 P.M. ORONO COUNOI, CHAMBERS, 2780 KEI.LEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items arc considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in tiie Public Packet - located on the counter near the sign in sheet. ROLL CALL MAH I 4 CITY Of- Mrj PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approvc/Amend APPOINTMENTS 2. Appointment of Public Works Supervisors APPROVAL OF MINUTES * 3. Regular Council Meeting of rebruary 28,2005 PARK COMMISSION CO.MMENTS - Paul Pesek, Representative PLANNING COMMISSION COMMENTS - Ralph Kempf, Representative PUBLIC CO.MMENTS - (Idmit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4. t/05-3070 Jerry Boldenow, 70 North Shore Drive West - Conditional Use Pennit - Resolution 5. ^05-3072 Orono Schools, 685 Old Crystal Bay Road North - Variance and Conditional Use Pennit - Resolution 6. #05-3077 Barry and Robin O’Rourke, 2300 Sixth Avenue North - Variance 7. #05-3078 Gary and Lynn Christensen, 3560 Ivy Place - Variance 8. #05-3080 Interspace West, 2060 Wayzata Boulevard West - PUD - Concept Phui Review 9. #05-3081 ZB Construction, Inc., 26xx Kelley Parkway (Outlot E, Stonebay) - RPUD - I'inal Documents Review MAYOR/COLNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT CITY ADMINISTRATOR'S REPORT 10. Change Order No. 2 and Final Pay Request - Navarre Fire Rescue Vehicle 11. Squad Cur Purchase CITY ATTORNEY’S REPORT 12. LICENSES Special Event Pennit Temporary On Sale Liquor L'cense - Orono Rotary * 13. BILLS AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 14,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA UPCOMING ISSUES AND EVENTS 2fiQS 03/14 - Council Meeting, 7:00 p.m. 03/17 - Joint Council and Planning Commission Work Session, Thursday, 5:45 p.m. 03/21 - Planning Commission Meeting, 6:00 p.m. 03/28 - Council Meeting, 7:00 p.m. 03/31 - Council Work Session, Thursday, 5:45p.m. 04/04 - Park Commission Meeting, 7:15 p.m. 04/06- Plaiming Commission Work Session, Wednesday, 5:30p.m. 04/11 - Council Meeting, 7:00 p.m. 04/14 - Council Work Session, Thursday, 5:45 p.m. 04/18 - Planning Commission Meeting, 6:00 p.m. 04/20 - Local Board of Appeal and Equalization, Wednesday, 7:00 p.m. 04/25 - Council Meeting, 7:00 p.m. 04/28 - Council Work Session, Thursday, 5:45 p.m. r Public A ttendance y)Meeting D ate 3 o S' &i Council □ Planning C ommission □ Park C ommission □ Other Please filloutthe information requested BELOW for our CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER I. Poj) I n 0'j i^f\ AUi' Ho 2. c'lr 3c <7 LoccrVCf’^ y ^ ^.7UiVU'1zl 5. 6. 7.. 8.. 9. 10., n.. 12. 13. 14. 15. W:VAd«l«lMraMvf anppanyrannirrnMk Att«iAi»CR«p4 w idiliyiiM, DATE: March 8,2005 ITEM NO: 2 REQUEST FOR COUNCIL ACTION COMM/'ii »4CCTiMr; MAR 1 4 2005 CMYOFOlVOivJ Department Approval: Name Ronald J. Moorse nile City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description Appointment of f ubiic Works Supervisors In laic 2003, prior to the retirement of the Public Works Superintendent, the City went through a hiring process for a replacement Superintendent. At the completion of that process, it was determined that, rather than replacing the retiring Superintendent, the City would rcorgani/c the supervisory structure of the Public Works Department. During this interim period, Scott Oberaigner and Don DcBacrc, who wcr« the top internal candidates in the Superintendent hiring process, were appointed as interim supervisors. Since that time, it was determined that the supervisory structure would consist of the Public Works Director/City Engineer, and two supervisors—one with a primary focus on sewer, water, and storm sewer; the other with a primary focus on streets, parks, and fleet maintenance. Based on the duties and level of responsibility of the Public Works Supervisor position, it was determined that the position would be placed into the Supervisory/Administrative pay schedule at Level 3. When Don DeBaere and Scott Oberaigner were first assigned as interim supervisors, their pay level was set at a level approximately equivalent to step II of the Level 3 salary range; although, at that time, the actual level at which the Public Works Supervisor position would be placed into the pay schedule had not been detennined. I'he pay plan calls for movement through the steps of the salary rang ' each year on the employee’s anniversary date. 'I'he one-year anniversary ol' Don and Scott in the supervisor position occurred in October of 2004. Now that a determination has been made that the position should be placed into the Level 3 salary range, the pay adjustments need to be made to reflect the lime Don and Scott have been in the position. The adjustments needed arc as follows: —liffcctive the first pay period in October, 2004: move to Level 3, step 111 of the 2004 salary schedule ($25.08/ hour) "Effective January I, 2005: move to Level 3, step 111 of the 2005 salary schedule ($25.83/hour) Tlie next pay adjustment for which Don and Scott will be eligible is a step adjustment to Level 3, step IV of the salary schedule ($27.19/hour), clfcctivc the first pay period in October, 2005. Overtime L'ligibic 'flic Public Works Supervisor position will be eligible for overtime pay. Bt)lh Don and Scott will continue to work periodic 24 hour standby shirts, just as they have in their Public Works maintenance ptisitions. They will also continue to be available for emergency call-outs for snow plowing and utility problems. I bis type of work schedule is more compatible with being overtime eligible than being exempt from overtime pay. f Scott and Don will attend the Council meeting, so that the Council has an opportunity to meet them. COUNCIL ACTION REQUESTED 1. Motion to appoint Don DcBaere and Scott Oberaigner to the position of Public Works Supervisor. 2. Motion to amend the Supervisory/Administrative pay schedule to reflect the placement of the Public Works Supervisor position into Level 3 of the pay schedule, and to reflect the position being eligible for overtime pay. 3. Motion to approve the following pay adjustments for Don Debaere and Scott Oberaigner: —Effective the first pay period in October, 2004: move to Level 3, step III of the 2004 salary schedule ($25.08/hour) -Effective January 1,2005: move to Level 3, step 111 of the 2005 salary schedule ($25.83/hour). r • V i MINUTES OF THE ORONO CITY COUNCIL MEE TING Monday, February 28, 2005 7:00 o’clock p.m. (D MAR 1 4 20Ub Cl I y Ur Oi-iuivu ROM. 'Die Council met on the above mentioned date witli the following members present: Mayo* Oai bara Peterson; Council members Jim Mur))hy, Lili McMillan, Jim White, and Dub Sansevere; City Attorney 'I'homas Banett; Representing staff were. City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Janice Gundlach and Melanie Curtis, Publie .Service Director Greg Gappa, Engineer Tom Kellogg and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:02 P.M, followed by the Pledge of Allegiance. CONSENT AGENT \ 1. Approvc/Ainend Items 4,10, 13, 14, 15,16, and 17 were added to the Con.scnt Agenda. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. Vole: Ayes 5, Nays 0. PUBLIC HEARING - 7:00 P.M. 2. EXTENSION OF WETLAND MORATORIUM - ORDINANCE NO. 23,3"* SERIES Mayor Peterson opened the public meeting at 7:07 p.m. Gaffron explained that City staff wished to extend the wetland moratorium for an additional six months. As there were no public comments. Mayor Peterson closed the public hearing at 7:08 p.m. White moved. Mayor Peterson seconded, to adopt ORDINANCE NO. 23, an Ordinance extending the wetland moratorium for an additional six months to August 23,2005. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *3. Regular Conncil Meeting of February 14,2005 Murphy moved, Sansevere seconded, to approve the Minutes of February 14,2005, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Rick Rice Rice indicated that he was available for comment, though their next meeting would be the following week. PAGE I of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28,2005 7:00 o ’clock p.m. ri,ANNlNG COMMISSION COMMENTS - Jim I.«slie Leslie stated that he had nothing to rciwtl, but would remain for questions. PUBLIC COMMENTS John Gchring, 1687 Concordia Street, read a letter containing his comments into the rccc j. Within the letter, Gehring stated that he objected to the City of Orono spending $5.7 million taxpayer dollars to purchase S3 acres on Big Island. He felt the City should ask for additional input from its citizens regarding the purchase using tax dollars, via u referendum, especially for an open space purchase that was yet to have a vision. 'Hie Mayor thanked Mr. Geliring for his comments. 7X)NING ADMINISTRATOR'S REPORT *4. #2587 KRIS RUDD, 4575 WAYZATA BOULEVARD WEST - FINAL ROAD PLAT APPROVAL - RESOLUTION NO. 5285 Murphy moved, Sansevcrc seconded, to adopt RESOLUTION NO. 5285, a Resolution granting approval for CITY OF ORONO RIGHT OF WAY PLAT NO. I. VOTE: Ayes 5, Nays 0. 5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. 5286 Curtis explained that at the February 14'*' Council Meeting, the Vegetation Restoration Plan with amendments to the Agreement was approved, and the variance Rc.solution pertaining to the hardcover was tabled. The applicant has not revised his request nor has staff made any changes to the rc.solution. Sansevere stated that if staff had not changed its opinion that tlic variance request was not sup|K)rtcd by a hardship, he could not move to approve the request. Gaffron indicated that staff had not changed their opinion. Mayor Peterson stated that she had changed her position slightly after visiting the site once again. She indicated that she would be in favor of approving a variance in an effort to save this one remaining large oak tree left on the site, since most of the others had already been lost. Vogstrom asked whether the City had granted variance rctjucsts in the past based on a hardship to save trees. Sansevere commented that it was rather ironic that, at this point, the applicant was requesting a variance to save one tree, after liaving ripped down a whole bunch of significant trees without permission in the first place. PAGE 2 of 10 ' I % ► MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28,2005 7:00 o’clock p.m. (5. U04-3052 ERIC WCSTROM, 2618 CASCO POINT ROAD. Coiitiiiuetl) Vogstrom maintained that, had he gone through the proper channels to obtain pennission, some of the trees would have been allowed to be removed in the first place. Although not within the Ordinance, Attorney Barrett stated that the Council has granted variance requests based on trees in the past if they choose to do so once again. Murphy stated that he had consistently voted no to this application, and would do so again. He was concerned that the footprint of the proposed house was too much for the lot, pointing out that the 1500 s.f. footprint is not an entitlement but a limit. He believed that a footprint of 1250 s.f was more appropriate. Murjjhy stated that he would be inclined to grant the variance to .save the tree, only because the neighbor supported it and he was the one most adversely impacted by the applicant’s actions. Vogstrom a.skcd why he did not warrant 1500 s.f. Gaffron stated that tots less than 10,000 s.f. are allowed up to a 1500 s.f footprint; however, it is an allowance, which an applicant is not entitled to if it adversely impacts hardcover. Moorse pointed out that there are numerous examples of new construction that do not have a 1500 s.f. footprint due to hardcover limitations. McMillan stated that she was satisfied with the work that stalThad done anu with their recommendation. She indicated that the City has Ordinances in place for a reason and that the City should maintain its right of way, as many of its right of ways have been severely encroached upon. She stated that she would hold firm on staffs recommendation. White concurred, pointing out that if the applicant were given a variance, there was no guarantee that the tree would survive anyway; therefore, he was not willing to support the variance. White moved, McMillan seconded, to approve staffs report and adopt RESOLUTION NO. 5286 as presented. VOTE: Ayes 3, Nays 2. Mayor Peterson and Murphy dissenting, positions noted above. Murphy added that he found it troublesome that the City may be viewed as deeming that trees arc nut worth saving. 6. #05-3072 ORONO SCHOOLS, 685 OLD CRYSTAL BAY ROAD NORTH - VARIANCE AND CONDITIONAL USE PERMIT Mayor Peterson moved, Murphy seconded, to table Application #05-3072, Orono Schools, to provide an opportunity for staff to clarify the resolution. VOTE: Ayes 5, Nays 0. •7. #05-3079 NICOLE AND PETER THOMAS, 1385 ORONO LANE - VARIANCES - RESOLUTION NO. 5287 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5287, A Resolution approving a hardcover variance for the 0-75’ zone and also a lake setback variance to permit construction of a wrought iron deck within 75’ of the lake. VOTE: Ayes 5, Nays 0. PAGE 3 of 10 1 MINUTES OH THE ORONO CITY COUNCIL MEETING Monday, February 28,2005 7:00 o’clock p.m. 8. M05-3080 INTERSPACE WEST, 2060 WAYZATA BOOLE VARU WEST - PUD - CONCEPT PLAN REVIEW CiafTron explained (hat (he applicants were present this even ng requesting further discussion of their pro|M)sed building designs and architectural standards. He pointed out that the City had not furmully adopted any formalized design standards for the properties cast of Willow. Sansevere asked whether the City could put a moratorium on building design standards for this area until it has decided upon a standard, as it is cuncntly under discussion. Attorney Barrett stated that if the City Council wishes to go into planning mode regarding a design standard, statutes allow it to do so. Gaffron pointed out that, since the grade would be lowered, the peak height would appear to be lower than earlier proposals. Muiphy staled that he was under the impre.ssion that the general building designs used west of Willow would be extended to the properties east of Willow as they were redeveloped. He noted that the Highway 12 turnback committee had discussed redevelopment on many occasions and determined that it was acceptable to set up plans for land use and begin applying general design standards to development now. While he fell the application had positive attributes, Murphy did not feel the aesthetics of what the applicants were proposing were appropriate. Though there were no real patterns of development east of Willow to dale, Gaffron staled that the Council could take time to set up development standards. Sansevere stated that sites both cast and west of Willow make up Orono’s corridor and that he, too, had been under the impression that some standards had been already established. Gina Carlson shared several photos taken from the site and residential properties behind it to reflect the impacts, if any; the development would have on neighboring properties. She asked if the C’ouncil would discu.ss the site development models as a ’maple leaf pattern’, the metal roof surfaces, the proposed stucco siding, and other standards as they apply to the surface materials. Sansevere indicated (hut he did not agree with the roof line or design as proposed and would vote no if the applicant wished to prc.scnt (his as their final design. He asked if the applicant would be willing to redesign the jmiject as to better lit (he standards as laid out to the west. Murphy and Mayor Fetersen concurred. While she was reluctant to change the design as proposed, ('arlson asked what sort of roof line the council would prefer, l)c it a gable, flat roof, modified gable, or other design. She indicated that she felt a strong attachment to the modified gable us propo.scd in the maple leaf pattern with metal roofs. Mayor Peterson suggested the applic.nnt look at the packet given to her by slalT to see what sort of elements of previous applications liad been supported and approved. PAGE 4 of 10 MINUTES Or THF ORONO CITY COUNCIL MEETING Monday, Ecbriiary 28, 2005 7:00 o’clock p.m. (8. ms-3080 INIKRSPACE WEST, 2060 WA YXATA BOULEVARD WEST, CoiiU$iued) Philip Carlson asked whether the Council would Ire willing to support a two story design that stayed under the 30’ height limit. White indicated that he would he willing to support a two story building, if it fit within the traditional look of the ncighlMirhuod better. (Jina Carlson questioned how they had gone thru the planning process with an application that fit within tire ordinance, were given a 6/0 approval, and arc now being told by the ('ouncil that it is their (Krsonal opinion this design does not fit. Mayor Peterson stated that at the previous Council meeting the applicant was asked to provide Council with a redesign that would flow with other Orono development projects, using previous approvals in the packet as examples; noting they had not done that. (lina Carlson stated that she could come back with a new design in Maich but asked for assurance that her new design concept would have support among the Council. In addition, she asked if there were other items within the application to which the Council objected. ,She shared a few photos of previous designs hy her finn, including prairie .style and flat roof type buildings. Murphy reitemted that it was not simply the roofline but how the proposed building fit into the landscape, lie was reluctant to redesign the concept for the applicant, stating that he would like to see .something different than what had been provided, and would know what fits in when he sees it. Planning Commissioner U-slic interjected that the Planning C’ommission had discus.scd the rootline and, while they did find it did not interfere with the prupo.sal, .suggested that perhaps a Hat roof line would be more acceptable if the rest of the building componcnls fit. 1 le asked the Council if they conctiiTcd. White agreed that a flat roof would be acceptable but would like to .see what the applicant came back with. Mayor Peterson and Sansevere indicated that they both liked tlic overall project and layout, but were not convinced the building design itself fit the corridor. Attorney Barrett .stated that the oidinance diws slate that Council has the ability to aiilliori/e aichilccluial designs and decide what the look of the comdor should be. (iina Carlson maintained that, in her opinion, the corridor did not have a .set .standard for the area. Moorse staled that, allhough roofline and style are ai issue and In’cause the design has more units and windows facing the residential area, it is impoilanl that the (’ouncil to advise the applicant on wiial they arc willing to accept, boih in terms of height and design. Moorse e.xplaincd that if Council IS directing the applirani to go back and redesign the buiUlings, the applicant needs to know whether the w.’tidows caiiiiol exceed the height as |iro|)osed cunenlly. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28,2005 7:00 o’clock p.m. (8. ms-3080 INTERSPACE WEST, 2060 WA YZA TA BOULEVARD WEST, Continued) Muqihy repeated the Council’s piosition that they are neither designers nor architects, but want a look and feel consistent with what they are trying to create along the corridor currently. He urged the applicant to return with a new design once again and more specific questions could be addressed at that point. Daniel Kaplan, Counsel for the developer, asked, if the applicant could return to the drawing board and bring back something else, whether .she would be given design freedom as long as it was compatible with the con idor. Sansevere stated that a new design did not guarantee the Council’s stamp of approval. Sansevere moved, Murphy seconded, to table Application #05-3080, Interspace West, for redesign. VOTE: Ayes 5, Nays 0. 9. #05-3081 ZB CONSTRUCTION, INC, 26*x KELLEY PARKWAY (OUTLOT E, STONEBAY) - RPUD - DEVELOPMENT PLAN REVIEW Gaffron explained that .staff recommends conceptual approval of the revised plans including the revised parking plan, subject to satisfaction of any minor issues noted within staff memos. In addition, since a second elevator is not required by code for this building. Council should decide whether it will be required. If Council accepts the propo.sed site and building plans, staff would draft a Resolution for General Development Plan Approval Amendment and Final Plat Approval for adoption at the next Council meeting. Gaffron added that it should be noted that the building is being approved as a condominium for individual unit ownerships and is subject to the provisions of Minnesota Statutes Chapter 5 15B regarding Common Interest Communities and a CIC plat and declaration would need to be filed with Hennepin County by the applicant. Specifically, Gaf fron stated that the new plans show a single elevator relocated to the interior hallway comer and pointed out that neither zoning, building, nor fire codes require a second elevator. In addition, the applicants voiced their concern that a second elevator would add an additional $1,000 per unit to the cost of the building. With regard to parking, Gaffron indicated that the applicant had submitted a revised building floor plan placing 95 stalls (83%) within the building, 23 stalls in the parking lot within the property boundaries, and 3 proof of parking stalls; with an additional 7 street side parking spots off Kelley Avenue. White asked what landscape design would Ik* used to block headlights between the building and parking lot. He ijointed out that it would be nice to add .shrubbery and plantings along Kelley Parkway near the parking lot via an additional hedge, as well as, more substantial plantings in the triangular corner grassy patch as cars pull into the parking area. I'he applicants agreed to tire additions. Murphy moved. White seconded, to accept R1*UD Amendment/Site Plan and Building Plan Approval and Final Plat Approval directing staff to draft final approval documents for PAGE 6 of 10 ( it MINUTES OF THE ORONO CITY COUNCIL MEETFNG Monday, February 28, 2005 7:00 o’clock p.m. (9. ms-3081 ZB CONSTRUCTION, INC, 26xx KELLEY PARKWA Y (OUTLOTE, STONEBA Y), Conliiiued) adoption at the March 14'^ City Councii meeting reflecting one elevator, 83% indoor parking, and additionai iandscaping around the parking area for the Stonebay lofbi, 2670 Kelley Parkway. VOTE: Ayes 5, Nays 0. *10. #05-308.3 CITY OF ORONO - CMP AMENDMENT - PRELIMINARY APPROVAL Murphy moved, Sansevere seconded, to conditionally approve 2000-2020 Comprehensive Plan Amendment #3 adding certain properties along Myrticwood Road and 25 South Brown Road to the defined Metropolitan Urban Service Area (MUSA) subject to review and comment by the Metropolitan Council, and direct staff to submit the amendment to the Metropolitan Council. VOTE: Ayes 5, Nays 0. 11. #05-3084 JAMES AND PATRICIA OLSON, 4360 BAYSIDE ROAD - VARIANCE - RESOLUTION NO. 5288 Gundlach stated that the applicants were requesting a front yard setback variance to permit a front yard setback of 72 ’ when 77’ currently exists and 100 ’ is nonnally required in order to construct an attached 2-stall garage adjacent to the existing single stall garage. She indicated that staff would recommend denial of the request as submitted; however, staff would recommend approval of a front yard setback variance of 77’ which would not increase the existing non-confonning front yard setback. James Olson read from his prepared statement that it was their intent to increase the curb appeal of their home, maximize space, and minimize impacts on views with their design. lie urged the Council to support their request, since they own a 3.5 acre property in the 5 acre zone. Olson pointed out that the 72 ’ setback would not impact any views for him or his neighbors and that they had provided written acknowledgement of their support and indicated their surprise that he needed variance approval at all. Sansevere asked what staffs objection to the 72 ’ was. Gaffron stated that the applicant would be increasing a non-conformancy. Mayor Peterson noted that the current layout of the home would be diamatically impacted if the applicant were forced to .satisfy code. Olson stated that, due to the angle of the home on the site, it is not easy to reposition the addition without further encroaching on setbacks, the septic site, or adversely impacting existing trees. In addition, repositioning the garage addition would impact views from the back of the house and deck. White stated that the planning commission had a difficult time coming up with a hard.ship after a great deal of discussion. PAGE 7 rf to I r i MINUTHSOFTHR OKONO CI TY C’OUNCIL MHH'MN(i Monday, February 28, 2005 7:00 o’clock p.in. (I /. ms-m4 JAMES AND PA TRICIA OISON, 4J60 BA YStPE ROAD, Coniimtetl) GanVun nolul that slarC found ciunigli liardsliip to allow them to remain at 77’, ns opposed to liic increased 72’. Olson reiterated that, due to the placement of the .s» otic, tirainage, slope of the land, and trees, they could not come up with a better solution or design. Mrs. Olson interjeeted that they had ho|K*d to add some architectural interest to a 60’s rambler. While he wished Council could give the applicant exactly what he wanted, Sansevcrc was hesitant to set new precedent without hardshij) and not being eonsistent. Attorney Barrett stated that he had not heard formal hardship which would waiiant an additional 5’. Since building a detached garage elsewhere on the site would cost them valuable pasture land for their horses, Olson asked whether the Council would consider allowing them to continue across the front Ime of their foundation rather than setting it back from the current straight line. White stated that he was willing to extend the footprint of the foundation in keeping the look of the house. He felt this would lie consistent with the design of the home to allow the applicant an additional 2’. While moved, McMillan seconded, lo deny the original variance request, but to adopt RKSOI,llTION NO. 5288 with revisions that would permit a variance for the conlinualion of the current front foundation line for construction of the proposed garage addition for 4.160 Bayside Road. VO TE: Ayes 5, Nays 0. *12. 805-.1087 ANDREW AND MARCIA FRF.E.SF, 2914 CAbCO FOINT ROAD - VARIANC E - RE.SOI.UTION NO. 5289 Murphy moved, Sanseverc seconded, adopting RESOLDTION NO. 5289, a Resolution granting a hardcover variance for the 75’-2.50’ /.one and an average lakeshore setback variance for 2914 Casco Point Road. VOTE: Ayes 5, Nays 0. *11. #05-1088 MICHAEL KIIRUVILLA, 850 WAY/.ATA BOULEVARD WE.ST- f:ONDH IONAL USE PERMIT - RE.SOLIITION NO. 5290 Murphy moved, .Saiisevere .seconded, to adopt RE.SOLU'HON NO. 5290, a Resolution granting the conditional use permit and sign variances for Oroiio Montessoii .School located at 850 Way/ata Boulevard West. VOTE: Ayes 5, Nays 0 MAYORycn Y COUNCIL REPORT Muipliy iiitMHiuccd CiabricI Jabbour who liad just rctuiiicd fiuiii u mcefitig with the Veterans Board regarding the Big Island Vet Camp piu))erly and wished to make some comiiK'iits. PAGFtHofiQ 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Moncluy, February 28, 2005 7:00 o’clock p.m. (MAVOR/CITYCOUNCIL REPORT. Conlinued) Bused on comments from a resident curlier this evening, Jabbour stated that it was clear that the City needs to develop a plan to ensure accurate communication of the facts regarding the purchase of the Big Island’s Vet ( 'amp. Jabbour stated that he hud just come from a meeting with the B(«urd of Ctovci nors, Gen (3lson, Barb Sykora, cuircnt and past caretakers of the camp, and Keilh Kask of Deephaven, in an attempt to eiMirdinatc a joint meeting to figure out what the C’lty can do to work out a deal to purchase the property. In response to the resident’s concern regarding the lack of a vision for the proj)ci1y, Jabbour maintained that the time to develop a vision for the parcel is once tlie City has obtained rights for it. Since the task force must move on the purcha.se now, once uc(|uired, the City will have lime to develop o vision with input from its eili/enry. Jabbour slated that the Board has requested that all Items be removed from the camp within the next two wcek.s, while the ice is still in. Having spoken to Hennepin Parks, the DNK, parks & trails, and the M('WI), all have voiced .•^up)M)rt that this is a gmul move and offered assistance. Mayor Peterson asked what Jabbour’s ‘gut ’ instincts were regarding legislation. Jabbour indicated that it was haul to say at this point, but he has offered to lake anyone to sec the purecl fur Ihem.selvcs. With regard to the Dakota Line, Jabbour staled that the trail is progressing, however, Orono has liecn excluded from the process. He noted that Hennepin parks has a plan in place for the eonstiuction of the trail that they plan to execute using grunt money that they have obtained for the project. PLIULIC SKKVICK IHKIX.TUK’S RKPOK I’ *14. ACCEPT QIJOTA'nONS FOR PARK MOWING Murphy moved, .Saii.severe seconded, to accept (|uolation from Meyer’s Outdoor Scrsiccs, Miiine.suta for the 2005 .season, park mowing services in the amount of $16,000. VO TE; Ayes 5, Nays 0. *15. ACCEPT BIDS FOR PUBLIC WORKS MA'I KRIALS Murphy moved, Sansevere seconded, to award the year 2005 Materials Bids. VO'I E: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *16. ('ARLSON PROPERTY - APPRAISER AND ATTORNEY Murphy moved, .Sansevere seconded, to approve contracting with .‘\laii Barnard for legal services, and .Scott Ruppei t for appraisal services, in relation to the condcinnatioii of the PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28,2005 7:00 o’clock p.m. I (*16. CARLSON PROPERTY - APPRAISER AND A TTORNE Y, Continued) Carlson Property, and to authorize the City Administrator to sign agreements with both. VOTE: Ayes 5, Nays 0 CITY ATTORNEY’S REPORT Attorney Barrett had nothing to report. *17. LICENSES Murphy moved, Sansevere seconded, to approve ail licenses. VOTE: Ayes 5, Nays 0. *18. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds account. VOTE: Ayes 5, Nays 0 ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council Meeting of February 28,2005 at 9:40 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vcc, City Clerk Barbara Peterson, Mayor PAGE 10 of 10 Qpf PirCTTIMO MAR I 4 200i CITY OH OhwuO MilfelBUfai -----— fI Date Application Received: I2*03>04 Date Application Complete: OI-3I-OS 60-Day Review Period Expiration: 03-3I-0S onuM^ii ticcTiKir; MAR t 4 2005 REQUEST FOR COUNCIL ACTION CITY Uh OnuivO Date: March 7,2005 Item No. Department Approval:. Name: Melanie Curtis^^ Title: City Planner V Administrator Approval:Agenda Section: Item Description: #05-3070 - Jerry Boldenow - 70 North Shore Dr W - CUP - Resolution Zoning District: Lot Area: RR-IB, One Family Rural Residential, 2 acre 2.057 acre (89,616 s.f.) List of Exhibits: A - Resolution per Planning Commission recommendation B - PC Action Notice dated 02-28-05 C - PC Memo & Exhibits of 02-14-05 Application Summary: The applicant is requesting an aRer-the-fact conditional use permit for a non-rental guest apartment. Planning Commission Recommendation On February 22,2005, Planning Commission voted 5 -- 0 to recommend approval of the non-rental guest house conditional use permit in keeping with staff recommendations as follows: 1. The one main access to the principal residence should be maintained. 2. The utilities for the guest apartment shall not be metered separately from the principal residence and the apartment shall not have a separate street address. 3. No rental of the guest apartment shall be permitted. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH MUNICIPAL ZONING CODE SECTION 78-418 (8)(B) FILE NO. 05-3070 WHEREAS, Jerry R. Boldenow and Barbara Allison-Boldenow, husband and wife (hereinafter “the applicants”) are the owners of the property located at 70 North Shore Drive West within the City of Orono (hereinafter the “City ”) and legally described as follows: Lot 2, Block 1, Chadwick, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit in accordance with Orono Municipal Zoning Code Section 78-418 to allow a non-rental guest apartment within the principal residence. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3070. ITie property is located in the RR-IB One Family Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200’. 3.The Plamiing Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of the conditional use permit ba.sed on the following findings: ai. file property has an attached and a detached garage and adequate outdoor parking to serve a 4 bedroom residence. Page I of 4 i . f b. The property has a mound septic system sized for 4 bedrooms. Including the guest apartment bedroom there arc 3 bedrooms in the home. The septic system is appropriately sized. c. City Code states that there shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. There are a total of three entry ways to the guest apartment: 1.) through the garage, 2.) directly from the outside behind the garage, and 3.) by an interior stairway accessed through the home ’s kitchen. d. The utilities for the guest apartment arc not separate from the residence. 4.Tlie City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit in accordance witli Orono Municipal Zoning Code Section 78-418(8)(D) to allow a non-rental guest apartment within the principal residence, subject to the following conditions: 1. Council approval is based on the site plan submitted by tlie applicant and annotated by City staff, attached to this Resolution as ExhibiLs Al, A2 & A3. Any amendments to the site plan which are not in conformity witli City codes will require further Planning Commission and City Council review. 2. 'fhe one main access to the principal residence shall be maintained. 3. The utilities for the guest apartment shall not be metered .separately from the principal residence and the apartment shall not have a separate street address. 4. No rental of the guest apartment shall be permitted. 5. Authorities granted by this resolution run with the property not with the applicant. Page 2 of 4 L 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ 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 the 14'*' day of March, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN Tlie foregoing instrument was acknowledged before me on this _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2005 by Linda S, Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Jerry R. Boldenow, husband of Barbara AIllson-Boldenow. ,2005 Notar'* Public S TAl E OF MINNESOTA COUNTY OF HENNEPIN » Tliis instrument was acknowledged before me this__day of by Barbara AlHson-Boldenow, wife of Jerry R. Boldenow. . 2005 Notary Public Page 4 of4 WHT" AI CERTIFICATE OF SURViSY FOR JERRY BOLDENOW CONSTRUCTION OF LOT 8. BLOCK 1. CHADWICK HENNEPIN COUNTY. MINNESOTA LCGAL oescRmoN or picyBd* Lai 1 Btock 1. CNAOVnCK boiwtarlw of the aim deterM prorvly. IN propMod lyoUow of a propoaod houoa and forofik II tfooi nol pirporl la mj olhor ImprovomoMt or oncraocHmanli. a t Iron mortw IWMI : Ualbg ilo««t»on pB : Propaiid moI dovoilon Boorlngt oKoon oroWiod :«IP! Mpon m OMtfnod daU«n moaotio aiVATiMs (hivy omt Mjooq omack •TojoriFaa®Anai ••AXMXI - ff, , •Alt MSCRRM m •A. am . mmm 1 106 02-16B GRONBEilG k ASSOCIATES, INC BM too lATOa K lUPIUI 4«s «. warn m Loc URL m. ium • loav* cntrv rwt im mcocaiva oi •AS nvoia If X ««M0 MV mxi imt I m A OAv HOP n ux o at aoo m •CMi i--5<y S/»/02 / • ... *S ‘ a •>; iV ;• u . .. Ml Am A d> £ immm • * • t> • *• r • *.• ♦. I • '.• r IW . ."ff^1 '—=?1^=1 1 y r—Hr:--I'.iUI f[ L___L 9^ iHi—r....- ■•SSTBL^ f^cce» r ❖ w:_____ (yJSm-UrniUH MltiiO ® t#' < i'-V- '■■'Vss i %r- i .•:*’ ■i • FhM ZWD L€^U © > «» «• ••» • •«• * « » •« CITY OF ORONO 2750 Kelley Parkway POB0X66 Crystal Bay« MN 55323 952.249.4600 ZONING FILE 05-3070 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: February 28,2005 TO: Jerry Boldenow COPIES: 70 North Shore Dr W Maple Plain, MN 5S3S9 TYPE OF REQUEST: CUP DATE OF MEETING: February 22,2005 Planning Commission recommended to approve the conditional use permit for a non-rental guest apartment as follows: VOTE 5 FOR 0 AGAINST Applicant’s next scheduled meeting is connmicd as: City Council - March 14,2005 Meeting starts at 7:00 pm 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. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. Date Application Received: l2-<l3-04 Date Application Considered as Complete: 01-31-05 60-Day Review Period Kxpires: 03-31-05 FILE SOb-3070 14 February 2005 Page 1 of 3 Exhibit C To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator Melanie Curtis, City Planner^A^ February 14,2005 1^05-3070, Jerry Boldcnow, 70 Norih Shore Drive West, - Aficr-thc-Fael Conditional Use Pernii! - Public Hearing Zoning DistHct: I.ot Area: KR-IB, One Family Rural Residential, 2-acres/200' 2.057 acres (89,616 s.f.) Application Summary: The applicant is requesting an after-the-fact conditional use permit for a non-rental guest apartment. Staff Recommendation: Planning Department Staff recommends approval of the after- the-fact conditional use permit for the non-rental guest apartment with the following .stipulations: 1. The one main access to the principal residence should be maintained. 2. The utilities for the guest apartment shall not be metered separately from the principal residence and the apartment shall not have a separate street addrc.ss. 3. No rental of the guest apartment shall be permitted._____________ Pertinent Zoning Ordinance Sections Sec. 78-1. Definitions. Guest a/Mrtment means an aparlinent witliin a principal residence structure for the .sole use of the occupants of the principal residence, including their domestic employees or their nonpaying guests, with at least one accers door to the apartment from within the principal structure, such door being the primary tcce.ss to the apartment. Sec. 78-418. Conditional uses. Within any RR-1 n one-family rural residential district, no structure or laud .shall be used for the following ases without a conditional u.se permit: (8) Guest hou.ses and nonrental guest apartments. b. Nonrental yticsl apartments. An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. I hcre .shall be at least one access door to tljc apartment fp''!*. 'vithin the principal structure, and such door sliall be the primary access to tlie apartment. Application for such a guest apartment shall address the concerns of FILE #05-3070 14 February 2005 Page 7 nf 3 parking, sewage treatment, cnlryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. List of Exhibits A. Application B. Existing Survey C. Floor Plans D. Interior Photos E. Aerial Photo F. Septic System Report G. Property Owners List H. Plat Map Background The applicant Jerry Uoldenow is also the property owner at 70 North Shore Drive West. In constructing the residence the applicant made some internal changes which resulted in a non-rental guest apartment located off of the master bedroom and over a portion of the garage. Conditional Use Permit Parking: The property uas an attached and a detached garage and adequate outdoor parking to .serve a 4 bedroom residence. Sewage Treatment: The property has a mound septic system sized for 4 bedrooms. Including the guest apartment bedroom there are 3 bedrooms in the home. The .septic system is appropriately sized. Entry wav & Interior Access Method: City Code states that there shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. There arc a total of three entry ways to the guest apartment: I.) through the garage, 2.) directly from the outside behind the garage, and 3.) by a stairway accessed tlirough the home’s kitchen. The applicants use the kitchen in the guest apartment when entertaining as the apartment is accessed ofT of the main kitchen. Utilities: 1 he utilities for the guest apartment are not .separate from the residence. Issues for Consideration 1. Does the Planning Commission have any concerns with the access from the garage and the direct access to the outside? 2. Are there any other i.ssues or concerns with this application? I FILE #05-3070 14 February 2005 Page 3 of 3 stair Recommendation Planning Staff reconunends approval of the non-rental guest apartment subject to the following conditions: 1 . The one main access to the principal residence should be maintained. 2. The utilities for the guest apartment shall not be metered separately from the principal residence and the apartment shall not have a separate street address. 3. No rental of the guest apartment shall be pennitted. mm A CITY OF ORONO - GENERAL LAND USE APPLICATION Application# Date Receive^ I7^j Aj L~^l Amount Paid PROPERTY LOCATION Site Address ('I Type of Application to be Filed Property Identification Number (P.I.D.) APPLICANT,. Name “ .Li:^'' CO Phone n lOme) ^ Phone(work) * Address ~7D '* T City cDslc*. ;r^ Zip OWNER (if different than applicant) Name Phone (home). Address Phone (work) _ City______Zip. Date Property Acquired I (do) (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) X $600.00 Guest House/Guest Apartments ____$600.00 Duplex Credit/Bldg ____$600.00 Commercial/Industrial Use ____$600.00 Land Alteration + Permit _____Grading and filling - designated wetland or floodplain _____Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fe? Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$600.00 Commercial Site Plan Review (+ consultant fees) ______$600.00 Vacation ______$600.00 Easement Vacation ______$100.00 Easement Vacation With Subdivision ______$600.00 Rezoning (PUD - refer to fee schedule) ______$600.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule ‘ t' . b •/»N : XT’ • Tf-.n. ^ »■, 4 • ic. , *'tr REQUIRED SUBMITTALS 1. 2. 0 (9 5. 6. 7. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of ‘finance. Government Center, A-603 300 South 6“* Street, Minneapolis, telephone 612-348-5910). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic sun/ey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an Interest in the property. This would include name(s) of applicant(s) if not current owner(s). ^*0 _____Constructidn plan, if app icable (see staff for requirements). ^ As an addendum to this aonlication nlp;ise atfprh nAs an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:________________________ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) 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 r ^* V Date \/ t OWNER’S SIGNATURE 4 The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes'©/ investigation and verification of this request. , \ Owner’s signature- ----- ^ ---------------------- Date Applicant must have all submittals into the City offices 25 days before the Planning Commis^'ion Meetim' 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, If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. ^ 6 i f (I ''h ' •Irf.. _ V. ?.• * •». ^ / /'•tll:t I I H DATA PRIVACY ADVISORY In accordance with M S. 13.04, Subd. 2. "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3.The information may be shared with other local, state or federal agencies to the extent necessary' to process the permit or license. 4.If your requested permit or license requires Council action to approve, some information may become public. 5.You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. I .» First Middle Last Address City -g:ag-.s?- s State Zip Phone I understand my rights as stated above. \ - ^ '’ii / Signature 7-tt a' rj I • ■ »; ■ >. K !1 p GlAAir.OattBT* I____ o «o £ X ------\ \-------------------------- QfWi l4n« Ri Mitiio lefeL © n. ^0 IX^U 0 » m • •••• • •• i -1 7^^L - ij-'m > ' M V r . -•« •' y .-'^j m. .. . L . :-*>!!.•' -»tl •5 .■,>.vi'*''. .'-.'i^ Dc^e- f7) m )he m^li--t^fe~3 fM~' :#'v:«sr i ■ -4,'. ;T->'i‘ K^' *. - ■ m.w i-i*. ; 1 »»..yC.V v«^’5 f^,-- -■'^■■r wiL. \-v.- 1 » ' • ♦. '1' I *» *^V X. '* v.i • • •. ^ •I ..j:^r'■«:• m i ■■ ■^;-V*;t-;V - » 4 •• V* . •. - . ‘;v;„ • ’ ’ • #*- ' ••■ ■• -’.i• I I . J* ' V ' ' • • r* ' ^ '.•>‘;.".'^R-.s ■ if t/-' •, . ***■•. ■. •• .••Jv .' ••*;*-. S uv • . • • 1r ••*' . ' ».*’ ? - ’», :• •4: *■■-.' ■;;V' \\ •• • ,K V *vj -1 f* , ^ ' , V ?• ■ v« * • * ».» ^ • ' ^ ' f ’/ 2.* ' i. *• ,!;3/ . Pf mm mm m p "' .-'Mi' % ‘' wm 4 - ' >'• ■ ''W-' 01/27/2005 - ;^N, '. h_ » r: im(tm i i 1 . U k^‘4 '■* m b&>: ?P V, ■ ■ -ir .r7-,' m^i ?«ait k>>*i j* ^*-V'ili', X 4 ^ ? ,*} vij •>-^: *'• ^1 Pi^1? ofm.-mmM 1 ■^. : -P ■' -J--" r'' - - \' r;'/i ^ '"k ‘^■i - ■■•■-5^'-' i:' ^^::'''.'‘';p#vfei' ■ / 'V.: Mfer't aj^3E..-.' f I 4 t, .'»» .^r o te: sw ^4 .. • iA ■ i’ IIIr m k- ii V ’^5l*‘-‘'‘ .•;?3fe3 . ■VHP3 p K55 !'f .a ■m i' j ?• K ' r":li ''t'f! Smv u . ' -^i - •P at <, ^: ■ ;-> •^.-,■r.S ^r-= F’^.? •4 I 11 •• ' • r V- ■ ■' a ri / \ • I.’ ‘ j ; ^ «• ‘ i ■/ 'i.-.. •:■; / t f ^': V •i---'vd| - \ •■:?v-Stj--.,- -, •«<„»!>• >■. V T / 'w fe, L?f ■■5 :k' ■'4’ , ’ 'j ■fi \ I 1^.1 f I 4 Exhibit E Ovefview Map SEPTIC. SYSTEM INytlSIOKt CAniVU Address: 70 North Shore I)r. W, PID: 0611723220020 Building Type residence DRs Install'd for: 4 In Musa: No Permit#: 5666 Date of Permit: 9/25/02 Installer: Dale Denn System Type: mound Performance: no Tank Filter: SYSTEM CONDITION Conformity: 1 Tank Condition: 5 DF condition: 11 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to Bldg: Capacity: 1000,1000,1000 Cesspool: no DRAINFIELD Length of Lines: 55 # Lines: 3 Trench Width: 10 Treatment Area: 38*90 Type of Filter: rock, clean sand Soil Boring: yes Ti'eSize: 1.5 Under Tile: 9 PercRate: 10 Setback DF*Bldg: DF Ht above Wt: 3 Soil Type: loam, clay loam Limitations: water table t V-WELL DATA Setbacks - Well-Tanks: s Well-DF: Report in File Pump Type: Depth: ‘ Diameter: Method: ^ - PUMPOUT RECORD COMPLIANCE DATE GALLONS code system INSPECTION RECORD DATE DESCRIPTION 7/24/03 installation ■ ' “ ' i'eV’Sh.. : ! •! ■' ’ci '.•vl '■ ; -i ■ • < ■ • • s % ■ 4^»•«*.- ,• •^»/- T*^ ■ k RUNUAIb:ll/iWiW4 36 0III724II000S PROP ADDR 4885 CO RD NO 19 OWNER NAME ELIZABETH L ROTENBERG TAXPAYER ELIZABETH L ROTENBERG NAME/ADOR 4885 CO RD NO 19 MAPLE PLAIN MN 55359 I'. iK.j’i. >' 819 V.,VyOi9* I t l\V>» • •• •• w»v*. PROPERTY OWNERS LIST 36 01 i;724l 10006 PROPADDR I55CORDNOI9 OWNER NAME M A SHEPHARD &M ESHEPHARO TAXPAYER MARK A & MARY E SHEPHARD NAME/ADDR 155 CO RD NO 19 MAPLE PLAIN MN 55359 38 0611723220004 PROP ADDR 100 NORTH SHORE DR W OWNER NAME JASON C BIDDLE TAXPAYER JASON G BIDDLE NAME/ADDR >00 NORTH SHORE DR W MAPLE PUINMN 55359 38 0611723220017 PROPADDR 4665 BAYSIDERD OWNERNAME IT&MLCEFFRE TAXPAYER IRVIN & MARJORIE CEFFRE NAME/ADDR <665 BAYSIDE RD MAPLE PLAIN MN 55359 38 0611723220020 PROP ADDR 70 NORTH SHORE DR W OWNERNAME JERRY R BOLOENOW TAXPAYER JERRY R BOLDFNOW NAME/ADDR '6912 EXCELSIOR BLVO MINNETONKAMN 55345 38 0611723220023 PROP ADDR 150 NORTH SHORE DR W OWNERNAME SD&JADZUBAY TAXPAYER NAME/ADOR STEVEN O A JULIE A DZUBAY 150 NORTH SHORE OR W MAPLE PLAIN MN 55359 38 0611723220018 PROPADDR 38 ADDRESS UNASSICNEO OWNER NAME ERVIN A WACHMAN JR TAXPAYER ERVIN A WACHMAN JR NAME/ADOR 2135 SALEM CT LONG LAKE MN 55356 38 0611723220021 PROPADDR 4755 BAYSIDERD OWNERNAME A I FRIEDLAND & B D DAVIS TAXPAYER ALLEN FRIEDLANO/BONNIE DAVIS NAME/ADDR 4‘’55 BAYSIDE RD MAPLE PLAIN MN 55359 38 0611723220024 PROPADDR 180 NORTH SHORE DR W OWNERNAME RODNEY B COLSON TAXPAYER RODNEY B COLSON NAME/ADDR 180 NORTH SHORE DR W MAPLE PLAIN MN 55359 38 0611723220019 PROPADDR 4775 BAYSIDERD OWNERNAME EVANRMEUNE T/VXPAYEP EVAN R MELINE NAME/ACDR 4775 BAYSIDE RD MAPLE PLAIN MN 55359 38 0611723220022 PROPADDR 4725 BAYSIDERD OWNER NAME J W MORGAN JR & D G PULFOP.D TAXPAYER JAMES MORGAN & DEBRA PULFORO NAME/ADDR <725 BAYSIDE RD MAPLE PLAIN MN 55359 38 0611723220025 PROP ADDR 38 ADDRESS UNASSIONED OWNER NAME ALLEN L FRIEDLAND ET AL TAXPAYER ALLEN L FRIEDLAND ET AL NAME/ADDR 4755 BAYSIDE RD MAPLE PLAIN MN 55359 * * ^ • • •• • ft ! . A ■A J i j V I CER'^IFY THATTHE FACTS REPRESEOTED ARE AN ACCURATE AND TRUE REPRESENT ATION OF INFORMATION AS IT APPEAi^STHlS DATE ON THE RECORDS OF THE HENNEPIN COUNTS'TAXPAYER 5tRVICESDEPARTMEm^O THE BEST ^ y .f OF MY KNOWLEDGE AND BEUEF. _____ OMy//’ A ' '/ / DATEBY ^ f «v V — * T Dale Applicalion Received: I2-I7*04 Dale Applicalion Coroplcle: 01*03^ 60-Day Review Period Eipiralion: 03-II3-0S noiniv^ii luircTiMQ MAH 1 4 ilOOb REQUEST FOR COUNCIL ACTION CITY OF OliOivO Date:March 10,2005 ^ Item No. 3 Department Approval:« Name: Melanie CurtisM^ Title: City Planner ^ Administrator Approval:Agenda Section: Item Description: #05-3072 -Orono Public School District #278 - 685 Old Crystal Bay Rd N - Variance & CUP Zoning District: RR-IB, One Family Rurail Residential, 2-acre Exhibit A - Resolution Exhibit B - Council Memos of02-10-05 & 02-24-05 Exhibit C - Council Action Notice 02-23-05 & 03-01-05 Application Summary: At the February 14*** meeting, the Council voted 5-0 to approve a proposal by the Orono Public Schools for a variance and conditional use permit in order to replace the existing campus monument sign With a new monument sign. Additionally, Staff was directed to draA a Resolution reflecting the Council's concern for the use of the sponsor panel. The application was tabled at the February 28“’ meeting for revisions to the Resolution. Those revisions have been made. Staff Recommendation Please review the findings and conditions to confirm tJicy accurately reflect Council’s intent. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION ORANTINCi VARIANCES TO MUNICIPAI. 7X)NIN<; CODE SECnON 78-1467( IKC) AND A CONDITIONAL USE PERMIT PURSIIAN'I’ rO MUNICIPAL ZONING CODE SECriON 78-418(1) EILE NO. 05-3072 WHEREAS, Oroiio I»ul)lic Schools //278 represented by Neal J. Lawson, AssislunI Superintendent lor Business (hercinaltcr “the applicant ”) is the owner of the property located at 685 Old Crystal Bay Road North within the City of Orono (hereinaRei the “(’ity”) and legally described as follows: The south 940 feet of Government l.ot I, Section 33, Township 118, Range 23, alsr) known as Pll) 33-118-23-21-0002, Hennepin (’ounty, Minnesota (hcreinaltcr the “property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning (!ode Section 78-l467(l)(c) to allow signage greater than 12 .square feet as permitted within Residential Districts; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning ('ode .Section 78-418 (I) in order to con.struct a campus monument sign with a static electronic readeiboard on school district pro|K'i ty within a Residential District. NOW, rilEREEORE HE IT RE.SOLVED by the City (’ouncil of Orono, Minnc.sota: EINDIN<;S 1. This application was reviewed as Zoning Tile //05-3072. 2. The property is located in the RR-IB, One I'amily Rural Residential Zoning District which requires a minimuni lot area of 2 acres and a niininuiin lot width of 200 ’. Page 1 of 7 3. 4. 'fhe Planning Commission reviewed this application at a public hearing held on January 18, 2005 and recommended approval of Uie sign size variance based on the following findings: a. The property is 39.8 acres in area and has frontage along Highway 12 and Old Crystal Bay Road North. b. 'fhe current Orono Zoning Code docs not have sign standards for institutional uses allowed conditionally within Residential Districts. Within Residential Districts a nameplate sign with a maximum of 12 s.f. is permitted. c. Ilie new campus monument sign and static electronic rcaderboard should reduce or eliminate the need for temporary signage on the property. The Planning Commission reviewed this application at a public hearing held on January 18, 2005 and recommended approval of the conditional use permit for a campus monument sign based on the following findings: a. Ilie existing monument sign is outdated, smaller and poorly located on the property; the new monument sign will be modem, larger and easier to read from the intersection. b. 'llie existing monument sign contains a manually changeable readerboard which is difficult to maintain; the new sign will contain an electronically changeable rcaderboard which is not proposed to flash. A flashing sign is not permitted. c. The new campus monument sign will conform to Zoning Code Section 78-1466(11) regarding monument signs, and will not have total a sign face area greater than 56 s.f. S. The City Council makes the following additional llndings: a. A I' X 8’ panel on the new campus monument sign has been dedicated fo> .school sponsor recognition. This panel will be constructed of the same material as the school name plate panel. The Council does not intend that this panel be used us a commercial billboard for Page 2 of 7 9m advertising, but merely as recognition for the scl'.ool sponsor or supporters. b. The Council finds that tlie sponsor panel element of the proposed monument sign is appropriate for this site only bccau.se it will have the following characteristics which support its approval: i. The main purpose of the monument sign is to show the location of the governmental jurisdiction’s facilities. ii. The sporsor panel is a minor element of a monument sign .showing the location of a governmental juri.sdiction*s facilities. iii. 'Ihc sign is located on the property of a governmental jurisdiction. iv. The sponsor panel is only 12 inches in height and 96 inches in length. v. Ihe sponsor panel will be '.ocated under the main portion of the sign, arid the bottom of the panel will not be more than 24 inches above the ground. vi. The language of the sponsor panel indicates support for the govcrmncntal jurisdiction as follows: [“donor name ” supports the “governmental juri.sdiction name ”]. vii. The sign is located in compliance with the setbacks established within the Orono Sign Code and will have no negative visual impacts because of its size and becau.se it is located approximately 65’ from the traveled roadway of Highway 12. VIII . llie applicant will allow the City to reconsider the sponsor panel element of the ClJl* approval should the sponsor panel become inconsistent with subsequent City Code revisions. c. Council review of future changes or updates to the new campus monument sign panels will not be neces.sary unless City staff determine they do not meet tlie intent of this Resolution. Rage 3 of 7 d. 'Ilie new monument sign with static rcaderboard should reduce or eliminate the need for temporary signage. 6.The City Council has considered this application iticluding the fiiulings and recommendation of the Claiming Commission, reports by City staff, comments by the applicant and the public, and the elTect of the proposed variance on the health, safety and welfare of the community. 7.ITie 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 haz.ard 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 difTiculty; is necessary to pre.serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, OKDKK AND CONDITIONS Da.sed upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1467(l)(c) to allow a 56 s.f sign where a maximum 12 s.f. sign is nonnally allowed and a conditional use permit for a new campus monument sign with static electronic readerboard to be constructed for the Orono Public School an institutional use allowed conditionally within the RR-IU Residential /.oning District, subject to the following conditions: 1. Council approval Is based on the site plan .submitted by the applicant and annotated by City staff, attached to this Re.solution as Exhibit A. Any amendments to tlie site plan which arc not in conformity with City codes will rct|uire further Planning Commission and City Council review. 2. Sub.sei|uent changes or uinlates to the new campus inonmnent sign panels .shall be reviewed administratively by Planning StalT. Planning staff may require Cc‘«nci! review of changes if they do not meet the intent of this Re.solution. 3. 'fhe .school shall obtain City sign permits for any temporary signage needed in the future. Page 4 of7 I ii ► F : I t ?; I hn I < 1 iI iSi 4. Removal of the existing sign is required and its removal shall be completed upon commencement of the use of the new sign. 5. The applicant specifically agrees that if subsequent City Ordinances make the sponsor panel element of the monument sign non-conforming, the City shall have the right to require its revision or removal to conform with such ordinances. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (March 14,2006). 7. Violation of or non-compliance v/ith any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s 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 the 14*** day of March, 2005. Page 5 of 7 V ^mL liM i AITEST: Linda S. Vee, City Clerk Rarbaru A. Peterson, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN Ilie foregoing instrument was acknowledged before me on this _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public S fATH OF MINNESO FA COUNTY OF iienni:pin The foregoing instrument was acknowledged before me on this _day of __, 2005 by Linda S. Vee, C'ity Clerk of the City of Orono, a Minnesota immieipal coriH>ration and said instrument was executed on behalf of the City. Notary Public Page 6 of 7 S PATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of __________, 2005 by Neal J. Lawson, Assistant Superintendent for Business, on behalf of the Orono Public School ^278. Notary Public Page 7 of 7 PLMiT SCHEDULS N 0.1 2 1 a? c: ^ ^jg !« S^S $3 SCALE; 1*«2(r-0’ i IT* * I f \- Si Aim • Ofono Public Schools 11/29/04 < 7*0’ o'-a** 11’-O’ 3R0N0 PUBLIC SCHOOLS HOME OF THE SPAIiTANS _L I„._ r I /"■ O/ i' .O /■' ’ • “/1' n i ct I '. ; .‘ f ■Ei:X E :x a f / / r* i '",• /_ "7 > ;; r f nJ:Ci\ : ■\J<.J T~} i\i :r u 7 7 •'_/ } S /' C. ^ .* / >,-|. .i E-.O • •* •tm •?! • . V. fTrv*.»^N; A *i J U SPONSOR PANEL •J _X_ L 2-3’ a*-9' ro ’ MnorvyBoM loi Concopl (not IQ ACOlKf Fabncnte & Install (1) T-0** X S/F llhnninated Monument St}^^ with LED Message Display, SPECTRUM SIGN SYSTEMS, INC. Bin ELECTROfllCS DESIGN ♦ FABRICATION INSTALUTION ♦ SERVICE 2025 Oatowwy Circfe. SU/to 2, C«ntarvffto, MM. 55030 eSf-429-0f00 /F«9 051-429-0190 Date AppIkatioB Received: l2*17-0.4 Dale Applkatioa Complete: 0I*034I5 60*Day Review Period Eipiration: 03-03-05 REQUEST FOR COUNCIL ACTION Date: February 24,2005 Item No. Department Approval: Administrator Approval: Name: Melanie CurtisiiM Tide: City Planner ^ Agenda Section: Item Description: #05-3072 -Orono Public Schocl District #278 - 685 Old Crystal Bay Rd N - Variance & CUP Zoning District: RR-I B, C ne Family Rural Residential, 2-acre Exhibit A - Resolution Exhibit B - Council Memo of 02-10-05 Exhibit C - Council Action Notice 02-23-05 Application Summary t At the February 14* meeting, the Council voted 5-0 to approve a proposal by the Orono Public Schools for a variance and conditional use permit in order to replace the existing campus monument sign with a new monument sign. Additionally, Staff was directed to draft a Resolution reflecting the Council’s concern for the use of the sponsor panel. Staff Recommendation Please review the findings and conditions to confirm they accurately reflect Council’s intent. COUNCIL ACTION REQUESTED Adopt or amend the r.nached Resolution. ■a ■ njimri^r&c 1 Dale Application Received: 12-17-04 Dale Application Complete: 0I-03-05 60-Day Review Period Kxpiralion: 03-0J-05 REQUEST FOR COUNCII. ACTIf)N Date:February 10, 2005 Item No. Dcpartmciit Approval: Name: Melanie Curti.s Title: City Planner raii 4 '“Jr Administrator Approval:Agenda Section: Item Description: //05-3072 -()rono Public School District #278 685 Old Crystal Day Rd N - Variance & CUP Zoning District: RR-1B, One F'amily Rural Residential, 2-nerc List of Exhibits: A - PC Action Notice dated 01-25-05 B - PC Memo & Exhibits of 01-03-05 Application Summary: The Orono Public School District is requesting a variance and conditional use permit in order to replace tlie existing campus monument sign with a new monument sign. The applicant is proposing a 9’ 2" tall X ir wide monument with 56 s.f. of sign face, including a 30 s.f. static electronic readerboard. Tlic proposed sign is to be located at the northwest corner of the intersection Old Crystal Bay Road and Highway 12 on .school di.strict property. Planning Commission Recommendation On January 18, 2005, Planning Commission voted 5-1 on a motion to recommend approval of the sign si/,e var ance and conditional use permit for a new monument sign with the .stipulation that the proposed I ’x8 ’ panel to be used as a “sponsor panel” not be permitted. Commi.ssioner Bremer voted again.st the motion stating that .she supported the variance ami conditional use permit but would have supported the sponsor panel. Stall Recommendation •Stall rccomn^ends approval ol the location and design of the proposed monument sign, as it will re|)lace the existing sign which is showing its age, and .should result in reduction or elimination of the variety of temporary signs placed on this corner frt.m time to time aniu/ ncing .school functions. There are no standards within our zoning code to address inslitulional signs. I he zoning code does not addrc.s.s whether a sponsor p:inel is appropriate for signage serving an institutional use such os a school. .Should the Council wi.sh to consider allowing a .sponsor panel within the monument sign, it may be appropriate to discu.ss some potential guidelines for the propo.scd sponsor paticl. Dcpemling on llie nature of the spon.sodng entity the sponsor panel might take on a slightly commercial feet, or it i may be merely a means to promote a non-profit school support group. For example, a corporate logo or specialized text styles or fonts may suggest a trademark of a business. The pur^se of the sponsor panel is to acknowledge a financial donor and not specifically serve as advertising for that donor. Staff would suggest possibly eliniinating corporate logos from the sponsor panel or perhaps limiting the style of letters to match those used overall on the monument would minimize the commercial feel of the sponsor panel. COUNCIL ACTION REQUESTED Direct Staff to draft a Resolution reflecting Council’s decision. FILE #05-30/2 3 January 2005 Page 1 of 5 Date Application Received: 12-17-04 Date Application Considered as Complete: 01-03-05 60-Day Review Period Expires: 03-03-05 To:Chair Rahn and Plr':riiiig Commission Members Ron Moorsc, City Administrator From: Date: Melanie Curtis, City Planner January 3,2005 Subject:05-3072, Orono Public School District //278, 685 Old Crystal Bay Road Variance & Conditional Use Permit Amendment Public Hearing /oiling District: RR-1B, One Family Rural Residential District Application Summary: The applicant is requesting a variance and conditional use pemiit in order to replace the existing campus monument sign with a new monument sign. The applicant is projiosing a 9’ 2” tall x 11 ’ wide monument with 56 s.f. of sign face, including a 30 s.f. static electronic readerboard. 'I'he proposed sign is to be located at the nortliwcst c»'rner of the interse ction Old Crystal Bay Road and Highway 1 2 on school dis trict property. Staff Recommendation: Planning Department StaB rccotiimcmls approval of the sign size va*‘iance and conditional use permit for a new campus monument sign. Hardship: Current Orono sign codes do not address institutional uses within residential districts making it difficult to meet the needs of schools and other institutional uses within R-Districts. Pertinent Zoning Ordinanee Sections y Sec. 78-418. Conditional u.scs. Within any RR-IB one-family rural ••csidcntial district, no structure or land shall be iKscd for the following u.scs without a conditional use permit: (1) Public .schools and parochial or private schools which teach a curriculum similar to a public .school, provided no building shall be located within 50 feet of any lot line of an abutting lot in an R district and a fence is erected 15 feet or more from all street lot lines where the abutting u.se is for open play, and nursery schools providing 50 square feet of playground space |)er pupil. > See. 78-419. Accessory uses. Within any RR-IB one-family rural lesidentin) district, the following uses shall be permitted accessory uses: (4) SigiKS, as regulated in this chapter. FILE W05-3072 3 Junuary 2CX)5 P.ige 2 of 5 y Sec. 78-916. Granting of permit. (a) TIjc |)Iamiiiig commission may recommend and the council may grant a conditional use permit as (lie use permit was applied for or in modified form, if on the basis of die application and the evidence submitted the city makes die following findings: (1) I'hat the proposed location of the conditional use is in accord with the objectives of this chapter and the pur|ioscs of the district in which the site is located and the comprehensive municipal plan; (2) That the proposed location of the conditicnal use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injutious to propcilies or improvements in the vicinity; and That the proposed conditional use will comply with each of the applicable provisions of this chapter. A conditional u.sc permit may be revocable, may be granted for a limited time, or may be granted subject to such conditions as the council may prescribe. (c) A conditional u.sc permit shall remain in effect us long as the conditions agreed upon arc observed, but nothing in this .section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use pcniiit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. (3) (b) y Sec. 78-1466. Signs as accessory use. Signs are a pennitted acce.s.sory u:ie in all districts subject to the following regulations: (11) Moiniment si^ns. One monument sign, limited to two faces is allowed per frontage per propet (y, with a maximum of two. The areas of sign base, the supporting background structure, and the sign copy shall be combined for detennining the total square footage and the height of the monument sign. a. The total allowable .square footage .shall not exceed 100 square feet per side. The base and supporting material shall constitute at least 25 percent of the total .square footage. The base widiii dimension is 50 percent or more of the greatest width of the sign. 1 he sign copy area shall have a minimum clearance of 20 inches above ground level. The sign copy area shall be compif'ely c”< lo.scd within the monument materials. No portion of the sign or sign .structure shall exceed ten feet above ground level. The moiutmcnt sign base .shall he constructed of materials similar in appearance to those of the principal structure and shall consist of brick, natural .stone, stucco, textured cast stone, or integrally colored concrete ma.sonry units. The structure surrounding the face of the sign from the ba.se to the top of the sign must be .solid. b. c. d. c. f. f B- FILE l»05-30/2 3 Jnnuary ?00tj Page 3 ol 5 continiKHis, ami consist of the base materials or complementary materials that match the appearance and color of the principal building. The 200 square feel of ground area around the base of the monument sign shall be land.scaped with shrubs or perennials. V See. 78-1467. Signs in R districts. Within K districts, the following signs arc permitted: (1) Ndmcplatcs. c. One nameplate sign for each permitted use or u.se by conditional permit other than residential, and such sign shall not exceed 12 square feet in area per surface. List of Exhibits A. Conditional Use I’ennit and Variance Applications B. Hardship Documentaiion Form C. lixisiting Survey D. Proposed Survey/Sitc Plans H. lixisting School Sign Inventory F. Photo Rendering of Proposed Sign G. Propo.scd .Sign Hlevation 11. Property Owners List I. Plat Map Rackgrouiid Orono Public Schools would like to update their current campus sign which is situated along lligl'.way 12 and is approximately 41 s.f. in area. Tliis cxi.sling sign also includes a manually changeable readerboard. The applicant is proposing a new campus sign to include a sialic electronic readerboard to be located at the northwc.sl corner of the inlei.scclion of Old Cry.slal Hay Road and Highway 12 at a 45 degree angle facing the inl''rsection. Conditional Use Permit Review City Code Section 78-916 stales that the City Council may grant a conditional use permit ba.scd on the following three Ihulings: • The propo.scd location of the conditional use is in accord with the objectives of this chapter and the puipo.scs of the district in which the site is located and the comprehensive municipal plan; the proposed location for the si^n meets the sperifirations and setbacks outlined within the si^n re}>ulations. • The proposed location of the conditional u.se and the proposed condition under which it would be operated or maintained would not oe detrimental to the public health, safely or welfare, or materially injurious to propcilies or i.nprovemer.ts m the vicinity; the si^n as proposed will nut he detrimental to the public health, safety <// welfare, and will not be materially injurious to the properties in the vicinity and • The pioposcd conditional use will comply with each of the ai'.plicablc provisions of (his chapter; the siyn as proposed will comply will ell of the applicable provisions of the '/.uniny Ordinance. FILt WOf> 30/2 3 January 2005 Payii 4 of 5 Addilioiuilly, Section 78-916 stales that a enndilional use permit may lie revocable, may be granted for a limited time, or may be granted snbjeci to such conditions as the eonneil may prescribe; and a conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses; and a cerlirted copy of any conditional use permit shall be filed with the county recor<ler or registrar of titles. The conditional use permit shall include the legal description of the properly included. Sign Size Variance The Orono sign ordinance docs not address the needs of institutional uses within residential /.ones, (’urrenlly the .school has a campus sign perpendicular to Highway 12 in front of the tennis courts. The exi.sting sign is approximately 41 s.f. total area and contains a manual readei board. 'file applicant has piopo.scd a monument sign approximately 9’ high and 11’ wide. The propo.scd sign meets City Code Section 78-1466(11) regarding monument signs, fhe propo.sed sign copy area .S6 s.f. with a 30 s.f .static electronic rcaderboard. The applicant has indicated that this rcaderboard is to be changed no more frcc|uently than once daily and its purpo.se is to provide parents and students with relevant school information, 'fhe electronic readerboard will eliminate the need for .sending a student or staff member out to the sign to physically change the me.s.sagc on the sign and will be more functional for the .school. As proposed the static elecironie readerboard is not considered a "lla.shing illuminated sign" which is not allowed. Ilanlsiiip Stalemnil Applicant has completed the llard.ship Dociinientation I’orni attached as Hxliibit H, and should be asked for additional le.slimony regarding the application. Ilardsliip Aiinlysi.s /»• cflitsMcrhif! applications for variance, the Ptannln/i Coinmluion shall consider the effect of the proposed variance nprn the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safef)’, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the /oning t 'ode in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consider„tion, and shall recommend appioval only when it is demonstrated that such actions will he in keeping with the spit it and intent of the Orono /oning ('ode. Slalt finds that ollcn the needs ol the institutional u.scs within the icsidcntial districts are not met under the enrrent sign rci’.nlalions. Variances have been cmisistently granted for the dilferent sig.ii needs for the v.irying institutional u.scs within the ( *ity of Orono in the past, and perhaps this is indicative of the need to update the codes with respect to in.stitutional u.scs within ic.sidcntial /.ones. ■iI i FILE #05-3072 3 January 2005 Page 5 of 5 Issues for Consideration 1 . Does the Planning Commission Teel that the monument sign, readerboard sign and its proposed use are appropriate? 2. Will a static electronic readerboard serve as a distraction to vehicular tralTic? 3. Does the landscaping proposed address the guidelines within Section 78-1467 regarding monument signs? 4. Are there any other issues or concerns with this application? Stair Recommendation Planning Staff reconunends approval of the sign size variance and tlie conditional use permit. i. exHiBirA CITY OF ORONO - GENERAL LAND USE APPLICATION Application# ^ ^ Date Received Amount Paid //> IrOO /)n PROPERTY LOCATION Site Address 6?6< fj._________ Type of Application to be Filed ^ r'WV>.-no.uu*^ Property Identification Number (P.l-D.) 6:>^3'Z-\oqo ^_______ APPLICANT Name CP>V-o»^o 5=»oAoou^ ___________ Phone (home)___________________Phone(work) "^Z.. Address (jygbjS' oVr^V>i^ KSrT .tL_ City o __Zip OWNER (if different than applicant) Name _______________________ Phone (home)________________ Address Phone (work) _ City_____ Date Property Acquired ______________________ I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartmemts $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $600.00 Land Alteration + Permit ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75 ’ of lakesfiore (monlh/year) _x_ PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$600,00 Commercial Site Plan Review (+ consultant fees) _____$600 00 Vacation _____$600.00 Easement Vacation _____$100,00 Easement Vacation With Subdivision _____$600,00 Rezoning (PUD - refer to fee schedule) ........._ $600.00 Comprehensive Plan Amendment _____$100 00 Appeals Other - see Fee Schedule t Jt.r,*. .Ti .V ff .V iv .V ■9 r![\4. 5. 6. 7. REQUIRED SUBMITTALS 1. Y- Completed Application Form 2. Ooooribo request in detail. 3. iC Certified Property Owners List of owners within 350' of the subject property. labels and plat map. List, labels and map may be obtained from Kenne}^ m County Department of Finance. Government Center. A-603 300 South e'** Street. Minneapolis, telephone 612-348-5910). ____Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ____Attach legal description to application if not included on required suivey. —Tepe§r ophio ourvoy ■ (eristing -and proposed-contours)~if-Jand aiteratlojis involve dianyeb in ele'/atien-^rades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. ^ Construction plan, if applicable (see staff for reouirements) 9. ✓/// As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGu DOCUMENTS AND 1 COPY FOR REPRODUCTION (II " X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (S»aff will require scaled drawings of all documents, plans, etc to be submilteci) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Cleric Department that Land Use Application is complete. Initials of Clerical Staff. Date I /\ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) 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 Apolicant’s signature .. C'Date i 2.- V"t OM OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members tor purposes of investigation and verification of this request. V Owner’s signature Date i - " *<rjW Applicant must have all subTfmtals intd IheiCity offices 25 days before the Plann ng Commission Meeting Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at ait scheduled review meetings of the Planning Commission and Counal. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. f ? t # /• V : • I r : * • r.. • I ' t City of Orono Variance Application o\ Stmol Addross: 2750 Kelloy Parkway Orono. MN 55356 Main 952-249-4600 fax; 952-249-4616 Mailing Address: P.O Box 66 Crystal Bay. MN 55323 0066 Application # Z Dale Received; /zj.i Amount Paid: ___ Staff li Ul/m ir Fee: $600 Renewal; $300 Aftor-the-fact: $1 ,2 00 Double Fee This application form must be completed in full. Applicant will be notified within 15 d.ys as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: o \Jt? iJ- Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): (S( Yes. I own the adjacent parcels. Present use of property: □ Residential /CToTher \0i;aiT>-r,j i vcaiJAs.w- Zoning District: ______ APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name; _____ Phone (home): Address: dJcp J. Email: ____Phone (worlv): Fax: OWNER INFORMATION: (Complete legal names and marital status required for eacli interested party) Name: ** d?^___ _________ _____ . Phone (home):________ ______^ _ Phone (work) Address: d ________ __ __________ Fmail ____ __ _________ _ __ Pax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary):_______________ V^Mo ^A V/Api/v-K^ "fb cY/lotJ 'T*tL JA *?TAM/A-r.«=w-A . A -- - ltOuNlir?f„ jCaCY!.ri_^<3%4 • W A*d i REQUIRED SUBMITTALS: All of the following information must bo submitted by the application deadline date in order for your application to be processed. V Pre-Application Meeting Form, completed by a City Planner. Completed Application Form £1' Completed Hardship Documentation Form Certified Property Owners List - owners within ^80^ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center. A-603 300 South 6“’ Street. Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations Also provide one copy 8.5" x 11" or 11" X 17" for reproduction. Oomplf te d hardcove r'oaloulation-workshee ts (as provided-within-the vanarHie-packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5“ x 11" or 11' X 17" for reproduction. Sketches or plans of floor and elevation views (p-'cvide one copy 8.5" x 11" or 11* x 17") Additional items may be requested by City Staff depending on the scope of the project, * ;a',s- APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide ail information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this applicaiion and certifies that the information supplied is true and correct to the best of his/her knowledge The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to rejeef it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant’s Signature; Applicant’s Signature; Date; Date; j2 • n OWNER’S ACKNOWLEDGEMENT; The owner hereby acknowledges and agrees to this appi.cation and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and vesication of this request. ' Owner ’s Signature; Owner ’s Signature; Date; Date; Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. .J.A (HIBir 6 Pa}»c I of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394 27. Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner Pctsonal and oconorr'c situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must bo demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community To prove a hardship, address all the relevant points listed below and onswer them as clearly as possible Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is v/hat is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of those hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls " :t "Ttie plight of the landowner is due to circumstances unique to his property not created by the landowner." •*oU*> *T «-tl* 'tii» C?Tlp'*V "The variance, if granted, will not niter Itie essential character of the locality " l^'vu- i/Jrttw:. _ “Economic considerations alone shall not constitute an undue hardship if reasonable use for ttie piopeity exists under the terms of the Zoning Cluifiter." ■ > VI ‘:r 4 ” n rv* «•« \ • f 5. 6. 8. 11. i‘uge 2 of 3 “Undue hardship also includes, but is not limited to, inadequate a;cess to direct sunlight for solar energy systems. Variant - sh. ll be granted !.'>r earth sheltered construction as defined in Minnesota Statuiuc Soctior’ ilR.!.u6, Oubd. 2, when in harmony with this Chapter." “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where It-e affected person's land is located," "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling * "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. “ The conditions do not apply gci^erally to otner land or structures in the district in which said land is located." “The gra.niinG of the application is necessary foi the preservation and enjoymern of a substantial property right of ‘he applicant." "The graining of the proposed variance w*ll no. ir cn , wiy impair heal’n, safety, comfort, morals, or in any ottier respect be contrary to *he intent of the Zoning Corio" oP^.^»v vUt2»Ar>|c< VJ'Vi- Nlcyv'*>)Oi>P\»ar»r ^ oyi 530V«0*>1,'> UJ'-Vlif-*' 'Irffe. C*3K>t»Tu.^e7“^. ■ 1 ». I i , t HiObita !T * * I} Lid "W ►- z Ul 5lii > o q: 6 » CO D Qb S < O ozo K A 111! l! SCALE r • 2(r-0* V . .li: X f, / * ■ St il illI i fi SCALEi*«10*-0*I I I \ ‘>•1. . I' .. v.-» .fVv- i: ’*. *' ^ s »-----y--------\-l-----^ c 4 < ^^MCMOMOPUMJCtCHOOt*^ ijornwi THUS rTYT)-T [_ HIGHWAY 12 B 8 V ~ ^TmAFwc Lwr coNm^R fit !»• »‘a«i fiiVjlltii is f. I ii i ‘I H i U I 3 ? n- »* O S SCALErl* » lOO'-O" « T“I Mm r t.' '••^’ .I«r i---- ' ■'-'m - . '. ! I ir; JVf^? H h I H •C''- / vj '-f' 'ij '5f- ru?’. ■; [ ; I2fM ' : I , h- '-"f‘ H‘ i' / ^r.. , ^ ^r WJ. , «.3Pp /ITit •I w-la^raT I s«pr.^ \ 1 =-Tli V — ■m ^.y'. ! .'•;•! .•.•.. •, \ui^v:::-*:::::.; : CTTtj' Lyr --. r.-r-tATST*^ Jr’ v \ :v.; •;. * I•m\\r<S! u; - fi-. . I (VC^- rrr“ t.a.u£. in tel liiiliiif R:p^ 1. i-iv; rp ^:<?i-.-NrS^: \ ' ! r . y?: ilF^T'I i Jlifi|!i!l SCALE: NTS t / -i . .'i t ) • s s #’ - X . *11 i t- ^ iu.\> I •V • ^ m ;■ ^^..1 I tC,^ ■•'rtiii • « i ‘,>9 I .»*,>■■'■*.•.’MV ■ I ri «• ^ ■ ■V- * * • *' •» I 1 ■ ' ■ v> :||| '■ ■ r. I . ^ ■ P. r^-'W*’,r . • . u ■>V:- »->* , • ,1 v-i » ;• t ' V If i i.:x; ir.^i|o«> , CJ tA.I f » ♦ ( »- p ‘ - i* » k- i ► .’ • • ■ >* ^ •i ^ •*.;. ., »/v- -> ■■'• .‘• s »•« *• V* * -'u. 1 .• , X^. ;^.i } < \ 4 IP.•i r^C.Tv- 4>_, -'W , VS.V r-cn^ » ^ • • • - ^ • • • Aim - Orono Public Schools 11/29/04 tr-o” B'O' W eft 9-2 ’ I"' 2 1 1 1 1 1 1 i 1 1111 _J 1 1 ! ORONO PUBLIC SCHOOLS HOME OF THE SPARTANS 2 ’-3‘ J_ - «_ /"V o i\f ' f ! l\ ' ' ‘ ' .1" (y' • * f ■ ) V t ' } } f ‘ ■ f t i •3-9- T/■“» }\S • 7 / / «' ^ L.'' / P a SPONSOR PANEL r-o' McMonryftoM io» Conceot Oimy (not to icolt) Fabricate & Install (1) 7 X 8^-0"* S/F Illuminated Monument Sign with LED Message Display, SPECTRUM m ELECTROWeS SIGN SYSTEMS, INC.DESIGN ♦ FABRICATION INSTALUTION ♦ SERVICE 2025 Qa^mvCkch. Sum* 2, Cmrnntm9,MN. 56038 651-429^100 (Fu) 851-429O190 RUN DATE: 12/KV2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGt: I 38 33MI23I20002 *ROP ADDR 2765 KELLEY PKWY )WNER NAME PROFESSIONAL PROP ORONO LLP AXPAYER PROFESSIONAL PROP ORONO LLP 4AME/ADDR R3S PARTENWOOD RD LONG LAKE MN 55356 38 3311823120004 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME CITY Of ORONO TAXPAYER CITY OF ORONO NAME/ADDR 1335 UROWN RD S WAYZATAMN 55391 38 3311823120007 PROP ADDR 2700 KELLEY PKWY OWNER NAME M R A CITY OF ORONO TAXPAYER H R A Cl rV OF ORONO NAME/ADDR 1335 BROWN RD S WAYZATAMN 55391 38 3311823130011 ROPADDR 2765 WaYZATABLVDW ) VNERNAME VEDA INC ETAL TAXPAYER VCI CAPITAL INC 4AME/ADDR PO BOX 375 LONGl-AKEMN 55336 38 3311823210001 PROP ADDR 765 OLD CRYSTAL BAY RD N OWNER NnME SCHOOL DIST NO 11 TAXPAYER ORONO SCHOOL DIST #278 NAME/ADDR 685 OLD CRYSTAL BAY RD N LONGIAKEMN 55356 38 3311823210002 PROP ADDR 685 OLD CRYSTAL BAY RD N OWNF.R NAME SCHOOL DIST NO 11 TAXPAYER ANOKA HENNEPIN 1 S D NO 11 NAME/ADDR 11299 HANSON BLVD N W COON RAPIDS MN 55433 38 3311823220001 •ROP ADDR 3200 WAY2ATA BLVD W 3WNER NAME S L KAPLAN ET AL TRUSTEI5 TAXPAYtR JAMES W LUPIENT 4AME/ADDR 750 PENNSYLVANIA AVE S GOLDEN VALLEY MN 55426 38 3311823230002 PROP ADDR 3025 WAYZATABLVDW OWNER NAME ROBERT E & KATHRYN DUMAS TAXPAYER ROBERT E & KATHRYN DUMAS NAME/ADDR 3025 WAYZATA BLVD BOX 607 LONG LAKE MN 55356 38 3311823240001 PROP ADDR 595 OLD CRYSTAL DAY RD N OWNER NAME JAMES A WINTERHALTER TAXPAYER JAMF^ A WINTERHALTER NAME/ADDR 595 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 38 3311823240002 'ROPADDR 38 ADDRESS UNASSIGNED 3WNER NAME THOMAS F JAMES LTD PTRSHP TAXPAYER THOMAS F JAMES REALTY LLLP 4AME/ADDR C/O JUDITH J SCHERER V707T STREET UTTLEROCKAR 72227 S’ 5 =5 ICERTII Y THAT THE FACTS REPRESEhTTED APE AN ACCURATE AND TRUE REPRESENTATION OF INI ORMA HON AS IT APPFJ^RS TIES DATE ON THE RECOILS. OF MY KNOWLElXil. AND BEUEF DATl OFTHF. HENNEPIN COUNTY TAXPA'lTiR SERVICES DEPARTMEKLTOjBHE .............................................................. s U I.. ? (j/ r*«* > » \ . . t u - • *./I Am ft' '■*«'M -•VI# «■'»#»•« I • •n -n' ww ^'-3<t=. •-•: *t *«»*••••• «*«»•» Aim • Oono Public Schcxjb Footing 11/29/04 ir-o- 8-0- ORONO PUBLIC SCHOOLS 8*-2- —±►— r-r T D 1 z j: '7 r :.i 1.E 3*-9-j 1 _L Z L. ]:: i:.y-: —1 ■j T z r-0- z r Ll I l*K8r<low ^ Corc«oi CW/ |MDl kJ K CMl>} 2-0* SPECTnUM SIGN SYSTEMS, INC. 4* 250 Wat SItal S^Wt Tubs 4-o-Xl2-0'X2'.0‘BaatwiIh 4** 13" St«el Squart Tube D^tet Burial m ConcMfIt MI k 4000 PSI wiih 15" Horizontal Sitel Angitf I’-iT on CtfOtr. DESIGN ♦ FABRICATION INSTALUTION^ SERVICE ' OafMMK OfCto. SuKa Z Canimvm. MM. 55038 651^29-9100 (Fax) 651-4296160 r CITY OF ORONO 2750 Kelley Parkway PO Rox 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 05-3072 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 25,2005 TO: Oroiio Public Schools W278 ATTN: Neal Lawson 685 Old Crystal Bay Rd Long Uke, MN S53S6 COPIES:ft i TYPE OF REQUEST: Variance & Conditional Use Permit DATE OF MEETING: January 18,2005 Planning Commission voted on a motion to approve the sign size variance and conditional use pennit provided that there is no sponsor advertising on thr sign copy. VOTE: 5 FOR 1 AGAINST ^Commissioner Bremer opposed the motion as proposed indicating that she had no issue with the sponsor panel portion of the sign. Applicant’s next scheduled meeting is confirmed us: city Council - February 14,2005 - Meeting starts at 7:00 pm If you desire certified copies of the otTiciat Plunning Commission minutes, they arc available from the City Recorder afler review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 05-3072 NOTICE OF COUNCIL ACTION DATE OF NOTICE: February 23,2005 TO: Orono Public Schools District 11278 685 Old Crystal Bay Rd N Long Lake, MN 55356 COPIES: TYPE OF APPLICATION: Conditional Use Permit & Sign Variance DATE OF MEETING: February 14,2005 VOTE: 5 FOR 0 AGAINST conditions for the standards and use of the sponsor panel are to be drafted by Planning Department Staff for Council review and approval at the February 28,2005 Council meeting. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval, A building permit must be obtained no later than one year from the date of approval. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Plaruier, at 952 249.4627, Ilikai CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING Fll-K 05-3072 NOTICE OF COUNCIL ACTION DATE OF NOTIC E: March 1,7005 TO: Neal Lawson Orono Public Schools #278 685 Old Crystal Bay Rd N Long Lake, MN 55356 COPIES: TYPE OF APPLICATION: DATE OF MEETING: February 28,2005 VOTE: 5 FOR 0 AGAINST Motion: To table the aippliculiun. If you desire certified copies of the olTiciuI Council minutcH, they sire availaiblc from the City Clerk uRcr review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. N Date Application Received: l2-22'04 Date Application Complete: l2>28-tM 60*Day Review Period F.iiended: 04-28-05 REQIJKST FOR COUNCIL ACTION MAR 1 4 20U;) CilYOl- Oho.tu Date: March 10,2005 / Item No. ^ Department Approval: Name: Melanie CurtisitT ntlc: City Planner Administrator Approvai:Agenda Section: Item Description: #05-3077 - Barry & Robin O’Rourke 2300 Sixth Ave N - Variances Zoning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential, 2 acrcs/200 ’ 8.4 acres (367,1 02 .s.f.) 694 ’ List ofKxhibits: A. Revi.sed Request for Structure Location B. PC Action Notice dated 01-25-05 C. PC Memo & Exhibits of 01-05-05 D. 60-Day Extension 02-23-05 E. PC Minutes of 01 -18-05 Application Summary: The applicants are requesting allcr-the-fact variances in order to allow continued construction of a 16 ’ X 48’ lean-to horse shelter structure le.ss than 2’ from the rear property line and 45’ from the we.stcrn side lot line where a 75’ .setback from all property lines is required for a stri cture used for the keeping of horses. Planning ('ommission Recommendation On January 18,2005, Planning Commission voted 6-0 to recommend denial of the setback variances, concluding that the shelter should meet the reijuired 75’ setbacks. Planning Staff Recommendation Since the January Planning ('ommi.ssion meeting tlie applicants now wish to amend their rcque.st to rellect the following: 1. A side .setback variance to construct their hor.se shelter 45’ from the western lot line where 75’ is required; and 2. A re:*: yard .setback vaiiaace in rrrder for the horse shelter to he 30’ from the rear lot line where 75’ is required. r Planning stufT maintains there is no hardship to justify the granting either of the setback variances. Planning Commission has not reviewed the revised request, but the discussion at the Planning Commission meeting suggests that the Planning Commission would not support any variances. COUNCIL ACTION REQUESTED Direct staff to draft a Resolution reflecting tlie Council's decision. Ifw-f gXHl&ff A exHiBfr & CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, IVIN 55323 952.249.4600 ZONING FILE 05-3077 NOTICE OF PLANNING COMMISSION ACI ION DATE OF NOTICE: January 25,2005 TO: Barry & Robin O’Rourke 2300 Sixth Avc N Long Lake, MN 55356 COPIES: TYPE OF REQUEST: After-the-Fact Variance DATE OF MEETING: January 18,2005 Planning Commission recommended as follows: Motion to deny. VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confinned as: city Council - February 14,2005 - Meeting starts at 7:00 pm Per our telephone conversation should you wish to withdraw your application please do so in writing Attn: Melanie Curtis no later than February 23,2005.i If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder afier review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. j Exhibit C Date A|i|ilicttfioii Kccvivcil: 12-22-04 Hale A|»|ilicalliiii C(iii&Ic1ltccJ as C.'omplefc: 12-28-04 60-llay Reviciv Terlod Kxpires: 02-28-05 run i0f> 3077 5 Jnniinry 203f) Ptiuu 1 of 3 To; From: Da(t>: Siibjt'ci: Chair Raltn nml Phmniiig (’ominission Members Roll Moorsc, City Administrator Melanie (hirtis, City Planner pj/J January 5, 2005 05-3077, Hairy & Robin O’Rourke. 2300 Sixth Ave N, - Ancr-thc-l*aet Variance - Public ilearing Zoning Dialrict: l^ol Area: l.ot Width: RR-IB, One Family Rural Residential, 2-acres/200’ width 8.4 acres (367,102 s.f.) 694’ Application Summary: I'lic applicnnt.s are rccpicsting altcr-tlic-fact variancc.s in order to allow continued conKtruction of a 16’ x 48’ lean-to horse shelter structure less than 2’ from the rear property line and 45’ from the western side lot line where a 75’ setback from all pnrpa ty line.s is required for u .strnctnre used for the keeping of horses. Staff Recommendation: Planning Department .Stuff recommends tlenial of the afler-the- fact variance. Uardship: Stafffnuh that due to the si:^e of the property there is no hardship inherent to the land drantiiif: of this variance would vrwe as merely a convenience to the applicants. _ _ ______ Pertinent Zoning Ordinance Scetinns Sec. 78-419. Accc.s.sory uses. Within any RR-1H one-family riiial lesidential district, the following uses shall lie pennitted accessory uses: (10) Stables and barns, pi iv.iie. 'Hie use of an accessory building fiT keeping .'inimals for noncomniei cial purposes, provided it is for the noneoinmeicial u.se of the property owiuM or lesidcnt and meets the available area standards outlined in siib.section (9) of this section, h'urtliei, no .such structure .shall be located less than 150 feet from the ncaie.st adjacent resilience and no closer than 75 feet from the nearest lot line. FILE #05-3077 5 January 20G5 Page 2 of 3 List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Paddock & Fencing Layout E. Letters from the Applicants to the Neiglibors F. Aerial Photo G. Memo regarding an Appeal of an Administrative Decision dated 01-21-93 H. Letters from Neighboring Property Owners I. Property Owners List J. Plat Map Background In November the City received a phone call regarding a lean-to structure under construction that appeared to be too close to the property line. AAer looking into the file staff determined that no pennit had been issued. At lliat time, Building Inspector, Bruce Vang issued a stop work notice. Mrs. O’Rourke met with staff and was told that the required setback for a stable, bam or otlicr structure meant to house animals was 75 ’ from the property lines and tliat the structure must be removed. At that lime the O’Rourkes detennined that they wanted to request an aAer-tlie-fact variance for the structure to remain at the current location. Staff informed the iq}plicants that there was no hardship present for which to gain staff support for a variance of this type and advised the applicants again to remove the building. Tiie applicants maintained that there was no other viable location for the lean-to and proceeded with the after-the-fact variance application. LOT ANALYSIS WORSHEET Lot Area/Width; RR-IB Lot Area Lot Width Required 87,120 s.f (2 acres)200* Actual 367,102 s.f. s.f. (8.4 acres)694 ’ Setbacks for the Stable: RR-IB Required Existing Proposed Rear 75 ’Approximately 17”17” West Side 75 ’Approximately 45 ’45 ’ Structural Coverage: This lot is greater than 2 acres in area; therefore the 15% structural coverage limit does not apply.I FILE #05*3077 5 January 2005 Page 3 of 3 Rear Yard & Side Yard Setback Variances The applicunis have constructed tire lean-to approximately 45’ from the west side lot line and 17" from the rear lot line. A 75’ setback is required from all lot lines for all structures meant to house or shelter animals. Additionally, a 150’ setback is required for all stable and/or barn structures from adjacent homes. Hardship Statement Applicant has completed the Hardship Documentation Fomi attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /« coHsiderhtg applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property hi the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that .such actions will be in keeping with the spirit and Intent of the Orono Zoning ('ode. Staff finds that based on the size of this property there is no hardship for a setback variance. The 75’ property line setback is required for all stable and/or bam structures. The purpose for this provision is to further buffer neighboring properties from the increase in animal activity associated with a stable. A stable also means there is a potential for a greater concentration of animal waste in one area as opposed to an open pasture, or paddock. The applicants stated that due to the arrangement of the paddocks, and bam there is no other viable location for the lean-to. Staff feels that the applicants ’ justification for a variance is a situation created by them and docs not constitute a hardship inherent to the property os there are 8.4 acres available with which to relocate the lean-to. Issues for Consideration Are there any other issues or concerns witli this application? Staff Recommendation Planning Staff recommends denial of the aner-the-fact variances as requested. Further staff recommends that the partially constructed Ican-to be immediately removed (weather pennitting). oT a City of Orono Variance Application Shout Addmss: Z750 Kolloy Porkway Orono. MN r)53f»0 Moin; 952-249 4600 tan: 952 249-4616 Mnilinfi Addroan: P.O. Box GO Crystal Day. MN 55323-OOGG Application# ‘^P J_7 __ Dato Rccoivod: J __ Amount Pnid; f "__ si;»n: f-icianit> *1... Too: $()00 Ronowat: S300 ____ Afler-Hio-facl: $1 Doublo Feo_ t Tlris application form must bo completed in full. Applicant will bo notified within 15 days an to tho status of ihn niiplication. Incomplete applications will not bo placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: jAPOft /, i/t f)ovnttx ____fU f >njj i\ j. .LKy)(j Property Identification Number (PIN): (Attach legal description to application if not includod on the survey.) Date Property Acquired (monlti/year): □ Yes, 1 own tho adjacent pnrcnls. Present use of property: tS’ Residential □ Other _________________ ____ Zoning District: APPLICANT INFORMATION: (Coiiipli)to io{}al nomna and marital status ruquirud fur uach intorustud paity) Name- _ ( u P Aobii\ . f^ru i irc# Phono (homo): */ 7n Address: Email '«■ . l'!>PJ:AJL!r ^ KObLl\ .Z'l^^^ . f*iru • ircf. ......... .................... no (homo): 77^. ___ Plione (work): 74 i V'/'i* 7.i>V ‘ ............... ress: 'LhQC^ lAh Loriaif^K f. W LUpfL-.______ >3t'i cayi K.» Cj'--4if-iMlitytiL.fOAji ____________Ipi'ii.i JJilLJJPii*!________ OWNER INFORMATION: (Cumplolu lopal nanu's atul marital status requirL'd for each interested party) Name: _ Ptiono (home): Addrrtss: __ Email: xtfvtr.v CIS t x. I >• ! >t'f Phonry (work):___ ftix: DESCRIPTION OF REQUEST: Estimated Project Cost: $ AiOCtD Describe the rrjquest in drdail (atlacti additional shrsels if necessary): ________ yii'.ttiui'V \bi iKli i.K Lui d Pp{ I __Pi lo. b(i ik ; Ci IL?._ biulnl___-L\. IjitxiK Iq. c/ fnjr f"Qi__hf.ir; x 7 :vt)r;.l1 t'j'-1*0.....c\_ppf'OA 7S* f>luilU:r_ ic-j.ll bc. .. ,\jLvLl.\.ii:dL e&/ac^i'Ot^2 te 1 l.fcli— JLiP J:x U Li P h L m \4 ir.Iir^(.ie_!L' f.^rCY2i/e- l>D(Xr/Jlrw? i o naai cJ^ i-xi/iii rh* —biAib^—-------------- — - - ' - t j Vi. (■: (I i REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. JR'□ P□ Pre-Appilcation Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150' of the subject property, labels and plat map List, labels and map may be obtained from Hennepin County Department of Finance, li □□ ai ivj iiiup iiiuj iiwiii i ii iwpii i wwrviiikj i lu-t tww- Government Center, A-603 300 South 6®* Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or ,,p 11" X 17" for reproduction. ’ Completed hardcover calculation worksheets (as provided within the variance packet)." Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" X 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide ali information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of Its potential merit. Applicant's Signature; \ -'T Applicant's Signature: -* \ / \ cV //Date; / Z/€(/0 V ks^Date: _±JJ2±JX l'L OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: _ ___ Owner's Signature: v l 'A ^ / /• /•. 14* Date; Date: f MI.Xi ln<-f Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. i 1 •• I.#:/ .' » . • \ I .’f J y A:? n4 EXHIBIT 6 Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to bo granted. The hardship must be unique to the property as variances run with the land and not the land owner. Persona! and economic situations are not considered valid hardships. In order for an application lo be heard tiy liio Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO i PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses lo determine if a tiardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as 'ossible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of those hardship criteria as they relate lo the request (some may not apply): 1.*The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." 2."The plight of the landowner is duo to circumstances unique to his property not created by the landowner." 3."The variance, if granted, will not alter the essential character of the locality." LOC‘ li'-’t.-'- I r V -la a . XLi t <x .laii va Vl nf i < i \ nr- tv: ri5.y. t.\»»A lYVA iMi__\«.iXiC.....Viirm-_v i.u id f\ _____l_ racut __________________________________ "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." nri2LCLLV\.y._ .t?conOL/y\ic^ 'Oi ' I hi:__\At’ci.Ub M j ft >■ •V I • ■ 7i" ■■ • J 6. 6. 7. 8. 9. 10. Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that Is not permitted under this Chapter for property in the zone where the affected person's land is located." (\rp. t-f'M Kf.i -M Cvnti- I jpLkxui..—iI 1 JAJAV \ i'\ \ \i (‘' J t Cvr>* nc> "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." V/7'___________________________________________ "The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." ( .'a'} {"i r i I •\^r. \'\ \ lLiL.iLCt‘-t:Lp__Htii________[Ai'Ati—i'jDXij__- tlcX^Cj1.1C\fr' "The conditions do not apply generally to other land or structures in the district in which said land is located." “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." m !*•) 7*_t*)i rV 1 r^> I /t/\rp^ \t\r (■"Af.h'/'y ■>/~i fv l'1 uJ\~M> Ljj 1 _piL^h-jAt _ZJ "The granting of the proposed varianco will not in any way impair health, safety, comfort, morals, or In any other respect be contrary to the intent of the Zoning Code." rXdL L\-' IJ t! uci—^J^ ia4- ■ / • w . I! 'i i I : f.r \ Page 3 of 3 12.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." r. f-rv.rr- |'^;pLv)f.d-trV> hn-s i-nortP «*f trvp (-P<-V.ripl^ fi-/r r^/ \ mrx h 4 t |Nr\P ?^\\3ir\p. Hardship Statement Should you feel the hardship cannot fully be described In the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): (^Vf n n '-4^ t *^'-1 2^ ‘-t-t ifi.P (Vl Otx^r ip Kt-;’ P iXihtCl')r net'iX. jp Kt;’S1v^iv\ \o .'=^yii\\\ t|~P-i|u» rp t-, >4 (:?firtiV^r >;!■ art^rts Ttx-ir> pf ll\^\r^fk!.^^ rHvr^i-n^\i\ iSP- i~ . i.\')i'>lV^ v1-Kp ft-'iirvi~r4 r!)*t~WmS P. rp I»’ iCy \"Tf^ r" i L\7i^vt\ i I c r.v\ A H r r^f!vl P f jt ____^-if* >t* pj \ o P f yA 1 f 11 f^\ {^'i \ rA jfV p ^ ^-r >t* / tV mm 1 iT\Vr f/f i*o<>. n •* *. s .1* •I^ » ^ #/’ tr. • -t •Cf liMiii r ii- i'i^ . - HENNEPIN COUNTY, MINNESOTA 0 50 K »Kit« i» SCALE TMi MMT iftM «w boundwlM ol the ibowt tfMOrfbed pRWly. «iil ti9 I tiouw. bam and buMhi itfidv oonitoueion ffwMn II LEGAL DtaCa#T10N ; Alt Um part «f tiM t««tlM«M Ok**rt*r in* i.-«^ «r toetlw tw—tf- Am aMaraA liplittM inti. tanpa IMptp'tlHrM lilt, tapi a««rt«r tat In paat a| Um laatyiatt apt Partlaiaat gpartara al aa twaaty-l tPa Mm I lltif Uiaaaa caaaiag taaUi aa tM tactlaa Itmm Mir Ilia mmtt Par* alPaalw PmA- mifmm aa14 »«mI Mart }: : i 4 4 / *. i-r* / *• »* • • • !••• •* • ficHrBlT B November 10,2004 liarry & Robin O’Rourke 2300 6'" Avc Noilh Long Lake, MN 55356 Mr. & Mrs. Slcplicn Maim 2275 Cox Tr I.ong l,akc, MN 55356 Dear Mr. & Mrs. Mami, In order to make paddock life easier on our horses, we started con.struction of a shelter in our north paddocks a few weeks ago. The city of Oroiio consider.s Ihe shdier an “accessoiy building" and it is in violation of the 75’ setback requirements. We arc now asking for your assistance in obtaining a variance from the city .so we may flni.sh building our shelter. The purpose of the shelter is to block the noilh wind from our two paddocks on tlie north side of oiu- property and to keep the animals out of the rain and snow, fhe shelter is to be built with tongue and groove boards on the bottom half of the walls and tin on »!ie upper half of the walls an* he roof. Ihc tin will be comparable to the existing bam in (|uality and color. The variance is nccc.ssary because under curient code wc wouKI need to build 75 feet fnrm the property line. Our NW paddock is only n fot.il of 75 feet wide from the west property line which would eliminate any building sites. The NIi paddock is approximately 1 00 feet from the north property line to the barn. This would not allow enough space between tlie shelter and the barn. We DO NOT intend to increase the population of horses on the property. The structure is only to shelter the current ones. Over the years the dynamics of the herd have changed from young show and sale pros|K*cts to aged retired and semi-retired show horses. I his has required us to adjicst their care. Previously we hou.sed more of the animals in the barn for longer periods ol time. Now under veterinarian recommendations they arc spending more time outside which requires better full time shelter. Wc arc asking for your acceptance to set aside the 75’ .setback requirements by signing the attached ftirm. If you have further (piestions that we have not addressed plea.se feel free to call us anytime or to stop over. We would be more than ha|)|)y to answer your que.stion.s or di.scuss any concerns you might have. .Sincerely, rtarry Robin O’Rourke 952-175-0105 ♦1 • • » 1• c u.' • i i i November 10,2004 Barry & Robin O'Rourke 2300 6'" Ave North Long Lake, MN 55356 Mr. & Mrs. David Tolchiner 2395 Cox Tr Long Lake, MN 55356 Dear Mr. & Mrs. Tolchiner, In order to make paddock life ea.sicr on our horsc.c, we started consfriiction of a shelter in our not 111 paddocks a few weeks ago. The city of Orono considers the .shelter an accessory building” and it is in violation of tlic 75’ .setback requirements. We are now asking for your assistance in obtaining a variance from the city so we may fmi.sh building our shelter. The purpose of the shelter is to block the north wind from our two paddocks on the north side of our property and to keep the animals out of the rain and snow. The shelter is to be built with tongue and groove boards on the bottom half of the walls and tin on the upper half of the walls and the roof. The tin will be comparable to the existing barn in quality and color. 'I hc variance is necessary because under current code we would need to build 75 feel from the property line. Our N W paddock is only a total of 75 feet wide from the west projierty line which would eliminate any building sites. The NE paddock is approximately 100 feet from the north property line to the barn. This would not allow enougli space between the shelter and the barn. We DO NO f intend to increase the population of horses on the property. The structure is only to shelter the current ones. Over the years tlic dynamics of the herd have changed from young show and sale prospects to aged retired and scmi-retiied show horses This has required us to adjust their care. Previously we housed more of the animals in the barn for longer periods ol time. Now under veterinarian recommendations they are spending more time outside which re(i»iiies better full lime shelter. We are asking for your acceptance to set aside the 75’ setback requirements by signing the attached form. If you have fuitlier questions that we have not addressed please feel free to call us unytime or to stop over. We would be more than happy to answer your questions or discuss any concerns you might have. Sincerely, Barry & Robin O'Rourke 952-475-0105 sI.# (l 111' s . • • r • t * I' v. - . • ibhhhi H■■'"•■■’■ i' ■'i *r • r >. , ••1 s?;: n;*^‘ u ^ - t'i-irJvT- -l'. <mm^ t‘- ’ ^'••; !»! ‘‘‘^ ‘ M A ' • * -Lm . r j V:' -il il - jH* fji-.•:il|i^’ v-m/- * • “i#** »' ^ '': *fM^Vim-mm .. i-^ ^ ti^ r 1'im /i ‘ '>■ k. jf'' 11 .; 5# *.'*-■• ■’■it - i* ■• s 75 •r # / f r ■• ^•*.V *» % vj'i.'.. ■ \ : : I" , ♦ (■ ** ,•' :': r “v > w> V f • »>- » , ■ . • - • < - - , , , . ^ ^'•*. ' w.- ^ '■' *.'•.■• .\.'T. jt':'' ".■>‘*- i4. ': E 2300 Sixtli Ave H «">r- V *> IB^c t» -j<L :v<«i'j4'VS ..;;'*^ V~ T %0.h I1'..«M^.^ JMteia. . . I’k twm\ & TO:Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator PROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:January 21, 3993 SUBJECT: Appeal of Administrative Decision - 2300 Sixth Avenue North Issue Applicants were issued a building permit for a principal residence on January 11, 1993 for the property located at 2300 Sixth Avenue North. During preliminary discussions with applicants, it was learned that the O'Rourkes planned to obtain a building permit for a barn at the same time of the issuance of the building permit for the residence. Applicants were advised that it is the policy of the City to not issue building permits for accessory structures until a certificate of occupancy has been issued for the principal structure on the property. Applicants have appealed to the Council for special consideration to ask that a building permit be issued for the accessory structure to take advantage of the economy of having general contractor complete all pha.ses of construction for both structures at one time. Prior to the City adopting this policy, staff had to deal with detached garages, completed before the residence structures, and used for storage purposes for months before principal structures were finally completed and a certificate of occupancy issued. Members may remember the classic or rather notorious case of the residence that took 5 plus years to complete at Stubbs Bay Road and Highway 12 intersection. In that case, a building permit was issued for both a p)vincipal structure and a detached garage on the 7 acre parcel. A major foundation was installed for the principal structure and the detached garage was completed within a few weeks. The City soon found applicant with family living in the detached garage. After many more months and even more legal bills, a permit was issued for the detached garage to be converted and enlarged into the principal residence that remains today close to roadways. The original residence structure was located within the interior of 7 acre parcel. The original foundation was removed and the unsafe c*xcava t i on f i 11 ed. For many y<Mr.o the City hejs rofuised to issue permits for docks, accessory structures, on Inkeshore properties where resid<;nces are und(?r construction. In fact, the City has had to require the removal of docks installed without permits during the construction period. The City has consistently discouraged the keeping of boats and associated equipment on properties where there is no occupant to oversee dock area. In this case, applicants seek to install a barn on the 9 acre parcel. The survey enclosed with your memo does not show the exact m location of barn. Lyle Oman has approximated the location of the barn on the survey. In the early discussions with the applicants, staff noted that barns suggest special uses requiring occupancy of principal structure and that based on the complexities of construction, the residence would be completed long after the barn is finished. Animals could not be maintained in barn prior to occupancy of residence because of the need to closely supervise and maintain animals. The staff policy finds that a principal residence exists when a certificate of occupancy is issued. The certificate of occupancy suggests occupancy will soon follow. The issuance of permits for accessory structures can only be issued at that time. This policy has been developed to ensure and implement the intent of the accessory structure code. The O'Rourkes have agreed that animals would not be maintained on the property until they have moved into their new re'*’ '*>nce. If Council waives staff policy, staff recommends that your ••oval be conditioned on the following: 1.Animals cannot be maintained within barn nor . in barn structure be used for any other accessory use until a certificate of occupancy is irsued for principal structure or occupancy of residence. Upon application for building permit, applicants must provide an updated survey locating barn on 9 acre site with the reminder that if barn is less than 150 from oil lot lines that barn can never be used for horse boarding purposes but that a minimum of 75' must be maintained from all lot lines. •' 11^. exfrisir h Stephen and Carmen Mann 2275 Cox TraU Medina MN 55356 Nov. 21.2004 City of Orono Planning Department Of^ -Vo We recently received a request (see enclosed) to agree to a variance which would allow a new structure to be built closer than 75 feet from our property line. This structure is located at 2300 6th Ave. N.. Orono (O'Rourke residence). We are happy to compromise on this nxrtter. The problem, however, is that construction apparently was begun on this structure without first contacting the City of Orono. The current partially completed structure is too close to our property line - only a few feet away. This detracts from the value of our property. We request therefore that the structure be moved back so that no part of it is closer than twenty (20) feet from our property line or corner. This is certainly a more liberal allowance than that stipulated by the City of Orono. This proposal is the response of the Mann family only and does not necessarily reflect the opinions of the other neighbors. Sincerely yours. 1 .• • *! t .\ O .A ___J Page 2 We will accept the City of Orono's decision to grant Barry and Robin O’Rourke, of 2300 6"*. Avenue North, a variance for side yard and rear yard setbacks to allow for an animal shelter to be built. Dated (Enclosed please find a self addressed stamped envelope. Please return at your earliest convenience. Thank you.) • • •• , \ < • V .V s. % rj 0;‘. *• •• • •i) I If i i I Page 2 We %vill accept the City of Orono’s decision to grant Barry and Robin O’Rourke, of Ca({ Co^'iU L/2- W-^900 (Enclosed please find a self addressed stamped envelope. Please return at your earliest convenience. Thank you.) iid ■•v. ? \ rw ■ RUNDATC; M/S/^OM 80 2711823230002 PROP ADDR 1200 PMILUPS DR OWNI.KNAMB CHRIS JOHNSON & lli:i inOHNS* « TAXPAYER CHRIS JOHNSON Jk HETH JOHNSON NAMb/ADDR 1700 PHll.UPS DK U)NOIj\KI:MN 331>6 80 2711823230009 PROP ADDR 2395 COX TR OWNER NAME DAVID TOLCHINER TAXPAYER DAVID M TOUTIINI R NAME/ADDR 2195 COX TR lONlil.AKI MN 55356 58 2711823110021 PROP ADDR 1120 COX FARM RD OWNER NAME NICOLE RSELA TAXPAYER NICOU: R SEI A NAMI7ADDR 1120 COX FARM RD lONOI^KI MN .55356 :i8 27I182M2(MN)4 PROP ADDR 1160 Wll lOW DR N OWNER NAME CUITORD AU RED HILUI ROM 1AXPAYER CUITORD A HILLSTROM NAMIMDDR Il60 W1LU)W DR N UJNOLAKLMN 55356 18 2 J11K2 1120010 PROP ADDR IM ADDRI SSlINASSKiNl D OWNER NAME MARY U PHll.UPS lAXPAYIK MARYOPHILUPS NAMUADDR 00X755 LONG LAKE MN 55356 18 2711821120016 PROP ADDR 1115 rOX I ARM RD OWNER NAME D A J K OARDNl R IAXPAYI R CHRISIOPHI K A JOLYNN GARDNER NAMI7ADDR 1115 COX FARM RD IjONGIAKEMN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS I.IST PAGE: 1 80 2711823230004 PROP ADDR 80 ADDRESS UNASSIGNED OWNER NAME CARMEN A SIEPIIEN MANN TAXPAYER CARMEN MANN NAME/ADDR 2275 COX FR lONGLAKEMN 55156 80 2711823210010 PROP ADDR 2275 COXTR OWNER NAME S C MANN AC A MANN TAXPAYER Ml PHI N C ACARMFN A MANN NAME/ADDR 2275 (OX TR I.ONOIAKEMN 55156 38 2711823320002 PROP ADDR 2300 SIXTH AVC N OWNER NAME DAROROURKE TAXPAYER BARRY A RODIN OROUKKfJ NAME/ADDR 2300 6THAVEN LONG LAKE MN 55356 38 2711821320008 PROP ADDR 1180 PHII UPS DR OWNER NAME D PAGE A R R URACKMAN 1 AXPAYER DAVID PAGE/ROOEREA DRACKMAN NAMl/ADim I180PH1UJPSDR lONGLAKEMN 55356 18 2/1IH211200I1 PROP ADDR 2150 SHAIXJWIK)!) DR OWNER NAME S W DALOUISI A L M OISEN 1 AXPAYI K scon DALQUIST A LYNN OLSEN NAME/ADDR 2350 SHADOWOOD DR LONG LAKE MN 55356 80 2711823210005 PROP ADDR 80 ADDRE^SS UNASSIQNED OWNER NAME MARY B PHIIXIPS TAXPAYER MARY H PMILUPS NAML/ADDR BOX 755 lONGUVKl MN 55356 KU 2711823240005 PROP ADDR 1250 PHIU.1PS DR OWNER NAME MARY H PHILLIPS TAXPAYER MARY U PHII UPS NAME/ADDR BOX 755 LONGIAKI MN 55356 c.' 1 38 271 1823.120003 PROP ADDR II80 WIUOW DR N OWNER NAME 70SI PH C THIFS TAXPAYER JOSEPH C IHILS NAMPADDR 11 HO Will OW DR N EONGEAKI MN 55356 ». I 38 27ll82n20(N)V PROP ADDR 1200 PHII UPS OR OWNtR NAMC C JOHNSON & D JOHNSON TAXPAVLR CHRISTIAN A IIEril JOHNSON NAMIVAUDH 1200 PHILUPS DR IONUI.AKEMN SMJft y '(*1 *•.L 38 .<7II82M2(H)I4 PROPADOK 2)20 SHAUUWOODOR OWNER NAME R J A: D J REHDEIN TAXPAYER RONALD J A; DAWN I RLHIUIN NAMDADDR 2J20 SHADOWOOD DR lONGLAKi MN 5li RUN0ATE:ll/ia(D4 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: 2 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TOUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON TI IE RECORDS ?;V-*v( i -j •» «. * 4 L. rfAiii I* Hc'nnepin ------cx Hiftiru --------- Hennepin County Taxpayer Services Department * ■> ^ r'r-A ^ 9s . •' . «• if..r>% ' V i ^ • •;. * % ». • “ PQi-cellnformation (j & Parcel I D 2711823320002 House Number 2300 Street Name SIXTH AVE N This is not a legalty rBCorxM map. it roprasants a compilation of information and data from City, County, and State road authorities and other sources. wHi&ir o o• • W\fM/ CITYdr ORONO Municipal Offices StTNl AMress: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Febmary 23,2005 Bany & Robin O’Rourke 2300 Sixth Avenue N Ix>ng I^ake, MN 55356 RE: 60-Day Review Period Extension Application » 05-3077 Based on our telephone conversation today, I will schedule your application to be heard at the March 14, 2005 City Council meeting. That meeting will start at 7:00 pm on Monday, March 14. Prior to the meeting you .should receive an infonnation packet by mail. Upon receipt of the packet, if you should have any questions please contact me as soon as possible the day of the meeting. As your application is scheduled to be heard by the City Council on March 14, 2005 which falls after the 60-day period expiration it is necessary to extend the review period an additional 60 days. Therefore, the 60-day review period is hereby extended an additional 60 days to April 28,2005. If you have any questions please contact me at 952.249.4627 or by email at wc>/r//.y@ct. orono. nm. us. Sincerely, City of Orono Melanie Curtis City IManner lUephom (952) 249-4600 • Fax (952) 249-4616 www.d.orooojnii.us r tyT'ioii t #9 05-3077 BARRY AND ROBIN O’ROURKE, 2300 SIXTH AVENUE NORTH - VARIANCE, 8:35 p.m. - 9:00 p.m. Bnrry and Robin O’Rourke, Applicants, were present. Curtis stated the City received an inquiry in November regarding a lean-to structure that was under construction that appeared to be too close to the property line. After looking into tlic file, StafT determined that no permit had been issued and a stop work notice was issued. Curtis stated the applicant did meet with staff and was told that tlie required setback for a stable, bam or otlier structure meant to house animals was 75 feet from the property lines and that the structure must be removed. Tlie lean-to was constructed less than two feet from the rear property line and approximately 45 feet from the western side lot line. At that time the O’Rourkes determined that they wanted to request an after-the-fact variance for the structure to remain at the current location. Staff informed the applicants that tliere was no hardship present in order to receive Staff approval for a variance of this type and (805-3077 Barry and Robin O’Rourke, Continued) advised the applicants again to remove the building. The applicants maitUain that there was no other viable location for the lean-to and proceeded with the after-the-fact variance application. l”he applicants are requesting after-the-fact variances in order to allow continued construction of a 16’ by 48’ lean-to horse shelter structure less than 2 feet from the rear property line and 45 feet from the western side lot line where a 75’ setback from all property lines is required for a structure used for the keeping of horses. Staff finds that based on the size of this property there is no hardship for a setback variance and that granting of this variance would serve as merely a convenience to the applicants. Therefore, Planning Staff recommends denial of the after-tlie-fact variance. Staff is also recommending that the partially constructed lean-to be removed immediately weather permitting. Mrs. O’Rourke apologized for commencing construction on the lean-to, noting that they were not aware tliat a building permit was required for an unenclosed structure. O’Rourke indicated the lean-to is designed to shelter the horses from the north wind. O’Rourke stated the lean-to needs to be within the paddocks that do house the horses, and that if she is required to meet the 75-foot setback, the lean-to would be located completely outside of one of the paddocks. In order to meet the rear setback, the lean-to would be too clo.se to the bam and too close to the fence line. O’Rourke indicated she is unable to move the fence line because of utilities in the area, and if the lean-to is located further east, there is a wooded area, which is the natural drainage for the area. O’Rourke stated they have s|)cnt thousands of dollars in an attempt to correct the drainage in that area, with drainage ditches being con.strucled all the way out to County Road 6 to hit the storm drains. O’Rourke stated she would like to retain the trees. O’Rourke stated in her opinion she has a hardship due to the location of the existing structure and the need to IcKate the lean-to in close proximity to the paddocks. Kahn asked for public comment concerning this application. Stephen Mann, 2275 Cox Trail, indicated he is the property owner to the northeast. Mann stated in his opinion a structure of this size should be located further away from the property line than 1 6 inches. Mr. O’Rourke noted the lean-to is not loeated 16 inches from Mr. Mann ’s property. Curtis noted each commissioner should have in front of them a letter sent by Paul Phillips. Jurgens inquired where in relation to the O’Rourke’s lot the Phillips property is located. O’Rourke indicated he lives at the end of Phillips Drive, which is northcasl from their property. Winkey inquired if the lean-to could be con.slructed in the right-hand area. (M)S-3077 Barry and Robin O’Rourke, Continued) O’Rourke stated due to the population of horses that she owns, which arc both miniature and full-size, they need to be separated for safety reasons. O’Rourke indicated she also owns a small stallion which cannot be kept with any of the other horses. O’Rourke stated she needs to have these areas of separation in order to maintain the horses. O’Rourke stated it has also been recommended by the veterinarian that she keep three older horses with respiratory problems outside as much as possible. O’Rourke noted she does not intend to increase the population of the horses on the property. Winkey inquired whether the horses kept in the paddocks closer to the wooded area require the shelter. O’Rourke indicated tho.se horses would be able to access the barn. Fritzler stated in his opinion it is very important that the side yard setbacks be maintained Fritzler noted normally utilities are not at the same depth as fence posts and that it could be possible that the fence could be relocated. Fritzler stated due to the size of the lot, he would suggest the applicants consider two smaller shelters rather than one large shelter. O’Rourke stated even if two smaller shelters were constructed slie would be unable to confonn to the 75-foot .setback requirement and that it would place the shelters completely outside the paddocks. O’Rourke indicated if she complies with the 75-foot setback, the Ican-to would be located too close to the barn and cause safety issues fur the horses. Fritzler reiterated that in his view, due to the size of tlie lot, the side yard setbacks should be complied with. Fritzler inquired whether the applicant currently owns all the horses on the pro|)eny. O’Rourke indicated there is one horse that she personally docs not own, which is a temporary situation. Winkey inquired wliether the paddiKks could be located cl.sewlicrc. O’Rourke stated she still would be unable to meet the west side setbacks. O’Rourke pointed out one of the areas on the diagram is a riding arena witli a large pine tree in tlic middle. O’Rouikc stated she has northeast. Mann stated in his roperty line than 16 inches. s property. l by Paul Phillips. »crty is located. ist from their property. I. attempted to relocate the lean-to in a location that would be complying with the setbacks but that she has encountered problems with the fence line, the wooded area, and safety of the horses. Rahn commented in his view the lean-to appears to be very large. O’Rourke stated the lean-to was designed to cover two paddocks. Rahn stated in his opinion the lean-to could be relocated but that it may involve re-orientating the fence line. Rahn Indicated the most important issue he has with this application is the neighbors who have purchased plats of land and have researched the City’s requirements prior to con.struction to find out if they are in compliance and then are now faced with a situation where they have a structure located very both miniature and full-size, * owns a .small stallion which > have these areas of separation ended by the veterinarian that poisibic. O’Rourke noted she oded area require tiie shelter. s be maintained I ritzier noted be possible that the fence could s applicants consider two unable to conform to the y outside the paddocks. 'ould be located too close to tlic etbacks should be complied on the property. hich is a temporary situation. D’Rouike |)ointcd out one of Ic. O’Rourke st.itcd she has (#05-3077 Barry and Robin O’Rourke, Continued) close to the property line. Rahn stated those property owners have a right to expect that no structures will exist in the 0-75’ area. Mr. O’Rourke indicated they have spoken with the neighbor who is directly behind them. Saiisevere inquired whether the lean-to could be located halfway between its current location and the bam. Mr. O’Rourke stated that would not be 75 feet from tlie property line. Mrs. O Rourke stated they would be able to relocate the lean-to closer to the barn but probably not halfway. O’Rourke Indicated they could locate the structure approximately 45 feet from the property line. Jurgens commented horses do tend 'o hurt each other if they are confined close together. Jurgens inquired what the setback requirements would be for a storage shed. Curtis stated tJie setbacks would depend on the size of the structure. Jurgens noted the lean-to appears to be less than 1,000 s(|uare feet but more than 750 square feet. Gundlach stated that size .structure would require a 15-foot setback. Jurgens stated he has gathered from the comments of the neighbors that they do not want to sec tlic structure, but noted the applicant does have a right to construct a storage shed the same size 1 5 feel from the property line and jii.st not house horses in it. Curtis staled the strucUiie should also be located 150 feet from the neighboring homes. Rahn noted a storage shed would probably need to be reviewed by the Planning Commission since Uierc are already other structures on the property. Curtis pointed out that structures that house horses Tall under a difTercnt set of regulations. O’Rourke indicated she is agreeable to planting trees to screen (he shelter. Leslie commented in his view this is more an issue of convenience and that the fence line could be reconfigured or the horses could be placed in different paddocks. O’Rourke disagreed that tliis is an i.<;sue of convenience, noting that the bottom paddocks do not currently have shelter. O’Rourke stated the middle fence line could be removed but that would result in a shortage of paddock areas. O’Rourke reiterated they have attempted to come up with alternatives but have not been able to find a way to meet all the setbacks. (II05-3077 Barry aad Robin O’Ronrke, Contianed) Fritaler moved, Leslie seconded, to recommend denial of Application fl05'3077, Barry and Robin O'Ronrke, 2300 Siith Avenue North. VOTE: Ayes 6, Nays 0. t \ ILK Dale A|»plkaliun Kcrcivcd: 0I-I9-05 Dale Applkaliun CJonipkIe: 02-I5-05 60-Day Kevkw I’criud Kipiralioii: 04-I5-0S RKOUES r FOR COUNCIL ACI ION lir-rxiMr; MAR 1 4 200!) CIT Y U»- OMUM J iJalc: March 8,2005 Hem No. Adniiniitrator Approval:Agenda Section:Department Approval: Name: Melanie Curtis ) Title: City Planne r ^ Item Description: W05-3078 - (Jary & Lynn Chri.s'.cn.scn 3560 Ivy IMjicc Lake, Average Lake, Side Setback, A Hardcover Variances 7A>ning District: Lot Area: l.ot Width: LK-IC, One I'ainily Lakeshore Ke.sidential, 0.5 actc/lOO ’ 0.417 acre (18,167 s.f.) SS’ at the shore List of F.shibits: A PC Action Notice dated 02-28-05 H PC Memo & Exhibits ol 02-15-05 Application Summary: Tlie applicants are requesting variances in order to replace their existing low-pitched roof with a steeper pitch resulting in a '/» story to include attic storage space. 'Lhe existing home is setback 40’ lioin the lake, 8.25* I'rom the .side lot line. The application includes the following variances; 1. A lake setback variance to increase the height ol the roof at a setback of 40’ from the OHWL where 75’ is required; and 2. A side setback variance for a .setback to increase tlic height of the roof at a setback of 8.25 ’ from the side lot line where 10’ is required ; and 3. An average lake setback variance. 'Ilie ajiplicants also have a variety »>f structures and non-structural encroachments located on the adjacent properly not owned by them, which .staff and Plamiing (’ommissiou are lecoinmending be lemoved. PlHnning Commission Recommendation On I’ebruary 22,2005, Planning ('ommissiou voted 4 to 1 to recommend approval of the variance.^ .subject to the folK>wing; 1. Removal of all encroachments that cro.ss over the property line or exist on the neighboring pro|)erty; and 2. Removal ol unnecessary .sidewalk, 10’ x 16’ concrete pad, and any other non-es.sential haidcover. The Plaiuung (.’ommission lurthcr recommended the new donnens meet the siile .setback t>f 10’, Rcvbed Request and Planning Staff Recommendations Please review the Planning Commission memo and exhibits of 02*15-05. Staff concurs with the Planning Cv>inmission recommendations. However, since the Planning Commission meeting the applicants have been working with staff. The following are the applicants’ additional requests and staff comments: 1 The applicants have proposed to remove the shed from the Lupient lot and place on the slab next to the garage. The applicants would reduce the size of the slab next to the gaiage to accommodate the shed with a small apron. (At a later time, the applicants would like to replace the roof on the garage to match the house with attic trusses giving them more storage. At that time they would be willing to remove the shed and remaining slab.) Planning Comment: Stafffeels that the excess structure of the shed and the new hardcover associated with it is not justified by a hardship. Additionally, there isn V an appropriate or conforming spot for the shed to be relocated to - staff will not support this request, the slab and shed should be removed from the property. 2. The driveway is an issue for the applicants. Mr. Lupient uses that parking space for him and his guests when they use his property. It existed before the applicants owned the property and if it is removed, Mr. Lupient will drive through the yard and park on the applicants’ lawn. The applicants would like to request that it remain so that Mr. Lupient can continue to use it for parking his cars. Planning Comment: Staff recognizes the unique situation at the street side of the applicants 'property, as it is used by the public and the neighboring property owner and therefore staff will support the driveway parking area as it exists. COUNCIL ACTION REQUESTED Direct staff to draft a Resolution reflecting Council’s action. yj'i » fir CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 05-3078 NOTICE OF Pl.ANNING COMMISSION ACTION DATE OF NOTICE: February 28,2005 TO: Gary & Lynn Cliristenscn 3560 Ivy Place Wayzata, MN 55391 COPIES: TYPE OF REQUEST; DATE OF MEETING: Variances February 22,2005 Planning Commission voted on a motion consistent with the staff recommendation as follows: 1. Removal of all encroachments that cross over the property line or exist on the neighboring property, 2. Removal of unnecessary sidewalk, 10 ’ x 16 ’ concrete pad, and any otJier non- essential hardcover. The additional requirement that the dormers meet the required side setback was added. The result of the vote is as follows: VOTE; 4 FOR 1 AGAINST * The dissenting Commissioner stated that the proposal would result in too much hardcover and structure too close to the lake. Applicant’s next scheduled meeting is confirmed as: City Council - March 14,2005 Meeting starts at 7:00 pm If you desire certified copies of the ofTicial Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. J Exhibits 15 t ebruary 2005 P(ig« 1 of 4 Dutc A|i|ilicMlion Received: 01-19-05 l>Mle Applicution Considered as Complete: 02-15-05 60-Day Review Period Kxpires: 04-15-05 lo:Chair Rahn and Planning Commission Members Ron Moorsc, (,ily Adminisirator From: DhU*: Subject: Melanie Curtis, City Planner Febrnary 15,2005 05-3078, (lary A l.ynn ('brislensen, 3560 Ivy Place - Variance • Public Hearing Zoning District: I.R-IC, One Family l.akcshore Residential, 0.5 aere/lOO* IiOt Area: 0.4 17 acres (1 8,1 67 s.f.) l.ot Width: 55’ measured at a line parallel to the shore; 50 ’ perpendicular tt> the side lot line Application Summary: I'he applicant is requesting side and lake .setback variances in order (u replace their existing low-pitched roof with a steeper pilch resulting in a Yi story which will include attic storage space. The following variances are rc(|uired; 1 . A lake .setback variance; and 2. A side .setback variance; and 3. An average lake setback variance. Staff Recommendation: Planning Department Stall iccommends approval of the application with conditions. Hardship: The location of the existing residence is a hardship for this property. Pertinent Zoning Ordinance Sections See. 7N-.350. Area, height, lot width and yard requirements. (a) ih’ifihl. No structure or building in an l,K-IC district .shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (bj___lx)ls. 'nie following minimum requirements shall be ob.served; I.ut Alcu (ncrc) Lot Width (fed)I-font Yard (fed)Side Ymd (fed) Rear Yaiil (lerq Side Ynid Adjiicent to Strrd (fed) 0 5 too 50 10 to 15 See. 7K-12KK. Hard eover limitatioii.s. (a) No hard cover or im|>crvious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of atry lake or tributary, except for stairways, lilts, landings and lockboxes as regulated el.scwhcie in this ('ode. (b) Metween 75 feet and 2.50 feet rrf the OIIWI., there shall be m* greater than 25 percent hard cover. Uctween 250 feet and 500 feet of the OllWl , there shall l>e lu) greater than 30 |x'tcent hardcover. Metween 500 feet atui 1,000 feet of the OIIWL there .shall be no greater than 35 pcrcetrt hardcover. FILE «05-3078 15 February 2005 Pago 2 of 4 List of Exhibits A. Application B. 1 lardsliip Documentation Form C. Existing Survcy/Sitc Plan D. Existing & Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Aerial I’hoto Overview G. Aerial Photo - items on adjacent property II. Site Inspection Photos I. Property Owner List J. Plat Map Background The applicants have applied for a lake setback, average lake setback and side setback variances in order to change the pitch of the roof on their existing home to alleviate water issues and to add attic space. LOT ANALYSIS WORSIIEET Lot Area/Width: LR-IC Lot Area Lot Width Required 21,780 s.f. (0.5 acre)100 ’ Actual I8,l67s.f. (0.417 acres)55’ measured parallel w/shorc & 75’ .setback Setbacks; LR-IC Required Existing Proposed Lakesliore/Front/Fast 75’1 lou.se 40’ Deck 34’No Change Rear 30’Garage 50’No Change South Side 10’11.75 ’11.75 ’ North Side 10’8.25’8.25’ Average l^akcshoa I'he existing residence is completely lakeward from the home to the south. There is no residence on the property to the north. Structural Coverage; Total lx)t Area Total Structural Coverage 18,167 s.f. (0.417 acres)Allowed: 2,725 s.f. (15%) Proposed: 1,800.25 s.f (9.9 %) L f\lf. #0S 307fl 15 February 2005 Page 3 of 4 Harilgovgr Calculatioiut; Hardcover Zone Total Area in Zone Allowed Hardcover Rxisting Hardcover Proposed Hardcover Total Site Hardcover 0 • 75 Hast 4,150 s.f.Os.f (0%) 1,351 s.f* (32.5%) 1,351 s.f (32.5%) 0-75 West 5,750 s.f.Os.f (0%) 2,585 s.f* (44.34 %) 2,585 s.f (44.34 %) 75-250 8,500 s.f.2,l25.s.f (25%) 4,032.6 .s.f* (47.44 %) 4,032.6 s.f (47.44 %) 7,968.95 s.f (93.75%) ♦ After exc usion of fabric or nla.stic-iined landscape beds l.akc Setback Variance Over half of the existing home is located within 75’ of llie lake on the east side of the property. A variance is required to cfiange any portion of the structure witliin 75’ of the lake. Side Yard Setback Variance The existing home is .setback 8.25 ’ on the north side, and conforming on the south side lot line with an 1 1.75 ’ .setback, fhe applicants are proposing to renu)ve their existing ro(»f, and construct a new roof, with a steeper pitch. Within the steeper pitched roof will be attic space with an 8’ ceiling height, and 4 dormers. Hardcover Variance Ilns property bus 0-75’ .setback /.ones on each end. Hoth 75’ zones contain non- conforming hardcover. The /xmc to the cast contains over half of the existing home, sidewalk and a grade-level deck, while the zone to the west contains the property’s driveway and garage. As shown in the aerial photo (exhibit G) there is a .slied, play hou.se, play structure and other items belonging to the applicants stored on the udjacent vacant property. Tho.sc structures have not been counted in the applicants’ hardcover. I lowevcr, staff would suggest that these items need to Ire either removed or placed on the applicants’ property in conlbrming locations. Average Iiakc.<ihore Setback Variance The existing home is completely in front of the home to the south. However, there is a tree on the property to the south that blocks the view of the lake to the north for this neighl>or (exhibit 111). Hardship .Stuleiiu'iit Applicant has completed the Hardship Documentation Forin attached a.s I'xhibit B, and should Ik* tisked for additional testimony regarding the application. Hardship Analy.si.s In con%idcring applU allom /or variance, the Planning Connnl%»ion shall consider the ejject of the proposed variance upon the health, safety and welfare of the connnnnity, existing and anticipated traffic conditions, light and air, danger offire, risk to the public safely, and the effect on values of property in FILE M5-3078 15 February 2005 Page 4 of 4 the surrounding area. The Planning Commission shall consider recommending approval for variances from the llieral provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that due to the location of the existing home there may be hardships to justify granting variances for this project. However, staff feels that the nature of the '/a story could help to determine whether or not the existing setback is sufficient or if the 10’ side setback should be met. Regarding the level of non-conforming hardcover, staff feels that it may be appropriate to remove the hardcover (deck, sidewalk, and driveway) which encroach past the north property line as well as any hardcover that is not absolutely necessary to serve the property in conjunction with variance approvals. Issues for Consideration !. Does the Platming Commission have any concerns regarding the use of the V% story, storage vs. living space? The house has no basement. 2. If the Vi story will be serving as additional living space should the 10’ side setback be met, or the dormers eliminated? 3. Should the sidewalk, deck and portions of driveway crossing over the property line be removed? 4. Will the additional roof height interfere with the views of the lake for the property owner to the south? 5. Will the proposed variances have any impact on future developability of the adjacent vacant lots? 6. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the request in conjunction with the following: 1. Removal of encroachments, 2. Removal of extra sidewalk, 10’ x 16’ concrete pad, and any other non-essential hardcover, 3. Should the Planning Commission determine the Vi story to be additional living space vs. attic space, staff would suggest that the dormers on the northern side of the roof be eliminated. -r I • IcfAITIWl M City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952*249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # ^ Dale Received / / jZLl L'i / Amount f^aid "______ Staff : tXAniU ) IL Fee: S600 Renewal: $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. App icant will be notified within 15 days as to the status of the applicafion. Incomplete applications will not be placed on Planning Commission Agendas. SKe°Ad^d?J7s: Property Identification Number (PIN): _ A a ai A I a ^ i i ▼ V* rlUfJtJiiy ivj^iiiniodiiwiI -------------------------------------------------------KX'sass.ruSrs Present use of property: D Residential □ Oiher________________________ Zoning District; ___________________ applicant INFORMATION: (Complete legal na.-es and marital status required for each interested party) Name; _(j iru i I ynn Phone (home);PhOi..3(work): Y I 'OOSn OWNER INFORMATION: (Complete legal names and marital status required for each inte^sted parly) Name: i l.inn ------rl i ^ Phnnpmrn^v^ li - qi^n Phone (work):I llwllw y I Iwl I f L/^[/ ,4* 1‘^V ---------- ^ jQ description of REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): --------------------------------------- IV (' o.-n rpaoc-b4j_j_ui_JaincLll -----oueiZ—-- Oil) ,t\,: Cii'h\i Cef\l(}cr (AT. ( M/Jl HKCj, ----j^c^Lo. j.- ),-.4 ()I -/Ml wv/ 0 ftV-l -' ' ,wr;>r-f iaA -"-f nr h'.'n tceUGC j.JISL np/u for ^ __riVtt \ •/r’r/n / /'^r\lLl^E--------'■/T^ / hr r rj ij ’.(l r> C eKr'^i f'\n f y L n r < .. -i-ii-------^-r-f 0.h;IcU/j: MN 9S Wi I . • 4 .1 .;x--. • '-t:! f'.i 1 .* \— V- -J . .».1*. r AllXe^tolfowfng must be submitted by the application deadline dale in order for your application to be processed. p Pre-Application Meeting Form, completed by a City Planner. H Completed Application Form ____j im^antafinn Pnrm S Sl“f^ne" 1of the subieot property labeis and f.a, map S Tabete'^nd'^ map may be obtained from Hennepin County Department of F,nance. □ Shg^a^^^^^ (Signed by a licensed surveyor). listed within this packet, including hardcover calculations. Also provide one copy 8.o x 11 Cornpleted ha^rdcov^^^ worksheets (as provided within r V x IV Topographic survey - including existing and proposed elevations. Provide one copy 8.5 x 11 or 11" X 17" for reproduction. □□ □□ or 11 X 17 tor reproauciion. , o c" v nr v 17"^ Sketches or plans of floor and elevation views (provide one copy 8.5 11 ^ Additionai items may be requested by City Staff depending on the scope of the proiect. r apTJnf ?er “e “°tfpmJde al, information required or requested by the Planning Deoartmem agrees to pay additional fees (staff time not covered in the original fee payment) and/o consultant expenses incurred in review of this application and certifies that the information supplied i. true and correct to the best of his/her knowledge. The applicant recognizes that he/she is sold; responsible for submitting a complete application being aware that upon ' staff has no alternative but to reject It until It Is complete or to recommend the request fo denial of the request regardifess of Its p^bn^ mcr^ Applicant's Signature: A Applicant's Signature: OWNER’S ACKNOWLEDGEMENT: • ft • _ _ __ - (L Date: /f- /Q ■ Date: ?h7ownerSy agreds to this application and further authohzes reasonaW entry onto the property by City! Staff, consuKant^-,agents. Commission & Council Membeis f< numoses of investigation and v^fification of thi^re^est. iiLoa.e: Date:Owner's Signature: Owner's Signature: ! r • ! ii- " o V /t) V/p O'-/ Aoplicant must have all submittals into the City offices 25 days before the Planning Commissic have an authorized representative attend in place of the applicant and advise the City Plann assigned to your project. '•T •I \ .... i :U ‘■1 J mxb Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. 1 he hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must bo demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not bo considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1.“The property In question cannot be put to a reasonable use if used under conditions allowed by the official controls." C11 "The plight of the landowner is due to circumstances unique to his property not created by the landowner." _____Cot: ___________________________________ The variance. If granted, will not alter the essential character of the locality." p iY^ T cmH u).\l I olALo.'wLC__l C_ct__ .r»e iV-4-i i. \ "Economic considerations alono shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." rr->rrfCT ____________________________ r 5. 6. 7. 8. 9. Page 2 of3 construction as defined in Minnesota Statutes. Section 116J.06. Subd. 2, when in harmony with this Chapter." V//V____ •The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." Cr.f re.C-f ^ "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." ALA________________________________ •The special conditions applying to the structure or la.id in question are peculiar to such property or immediately adjoining property." , II .A n nc2 V ^ ^ ^ ^ ^ ---------------------------------- ‘The conditions do not apply generally to other land or structures in the district in which said land is located." ,, . , /1 V A S". iJ f\\ I 1) 1 < 10 4(/t. P ( O f H J.\<- i>4- Ui\v«. ".^tc»Trkoet\A.is—Hn, i f m (*i' rre r~r • •The granting of the application is necessary for the preservation and enjoyment of a substantial prooerty right of the applicant." {^(rrre.CT‘ --------------------------------------------- 11. "The granting of the proposed variance will not in any way irnpair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Godo. ^ » ^-------------------------— ^iFi'‘.7 I r m Page 3 of 3 U t- :■ 12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." 0^-*^ I'y /ne»*d/c/ (oiTm i~i I i it~i t) o’t. ^ hAi'Ar^.y'er rf ^ r:c)c.kSf__ •• ' - 0 • • • f Hardship Statement Should yoi* feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): . , j i / / / 6Ujr K-rAslx.i-y frc!’,vl€d 0^( oca '51^ o c. c,LJ^r /j t> ^>1 p/^ 5'i-f I/'t-\ A f- l-\£>rnc 0>^ .. *- < *« y \ .art ^ f t'nxf'sf cj tu i ------/it: (W.ff/j------- .1 n /tI ^ f i re r yr 1 <> //t-t~ / ('V^.t<fLrC. 'if. I) .; 4/. i’ /X l\e icJ yjh rr/'( in .hut jdii (i? "f 1 rTA j (v ^ X / n 1 tj i ^ t yl ^ fmro 9Z6. 5" t€ n^'lD g.4 B' AUJ EXHiwrC & ‘A ^ ■ A hI % m\wr <----------------- j, ’Ml > ♦ i*. A •• •*J Wi f Im I®]r^i J ]L p'Ag. i’l;'vA>t> arvJ Uh^view/4* Siw*?rview^ iW 1/ .4 •vJ \ tir t 3-^ Va U 4»«C7 ii? r-r^jpw-ir*^ ip U'/- NOfW ' »Y VS I 4 % -y ■j.—>. (> <( M I • 6H -O I ••II *lO T-i^n tldi^) I - - i I f . ^ Afp^ . -,t.------4.0 _._V- 2 _r;r.-zr.-.... ■ Jtac- lO o H c» 6S' |i<LVC>|yL i H.-VkJ H SW fwo*. PCAN < r D5 U '-f y '■ iJ iJ y*"!- ii»ivihgp^'-sr y Wnryi -----I - ■ i—L__: e’<i* tlL_£teE_piAist, rjzi r~ IA1«^ CO McctH €Lg\>mnj -fA-'T : W* • I vr 'srneer ^i,>TH ^WAjf'gLl *Sucjr ik^nilr^ t /’ 5 ••• 4 ( • • fA V. A^ B>uiur ■AM ^w rjT.-T. 'V* * •• <• •D? .* • i (X *>rfH" £.LLV^T7tW r_ Anx.~->ui ® ML r (i (■ *- !. • ‘A’ ■ ; f \ 10 V. ^ ^ I c- * Poof " ewsnwfo • ■ • CD- SSwp- 1:;^^ -gLV.-r /6 Biotq- i SETBACK ZONE: (CIRCLE ONE) 0-75 Sockth ^ suf o/^ EXISTINC HARDCOVER IN ZONE A. House WW • W« W W A A « ^4 • • • AAAA«^A A A^AW • 75-250* 250-5W X Length X X X B. Garage C. Driveway nm zozz X X DrSiiewalk Cor\f^ X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ 2.^^ + B PROPOSED HARDCOVER IN ZONE A. House Lmgih X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G, Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A il 500-1000' S.F. Wulih S.F. S.F. S.F. S.F.uo.ST. S.F. tl>0 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. xlOO 2 S.F _S.F. 44,Z4 % S.F. Width S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. XJOO - B S.F. B SETBACK ZON£: (CIRCLE OSE) fo-^ 75-250' 250-500' Nog.Tf^ ^Ueof^ ’JSllNG HARDCOVER IN ZONE 500-1000' EXISTlNC. HARDCOVER IN ZONE A. House ____Z9.C Length 39Z , ffS.F. wm X X X S.F. 5.F. S.F. B. Garage C. Driveway S.F. X X .5.F. S.F. D. Sidewalk e X X S.F. S.F. A Exhibit F •X 3560 Ivy Place Overview Map '••<'A^ - A' _?<» ■;A-' *J I---------*-“ C'lESS! |qy^:l jgLL^W Hilrr/^ » mK . O . -w V*»• # • , '•* iA.- ' 0-^ ,::... 'Z^W-- :/■ t. ‘ - ai” ? W, ,,#r2 &Jt^.r-. tUv^V 'i 5 '’\7 ‘ . J . . 5 • p'^^' "•■■ ''*jll' '• I.-’'-'C t;'-' pi1' 1 :'i> . •;> • '5 ■syH.fj • sm w rSr AHT y./5;E,-^l js: w--' ^■t ■H*‘^‘ ^ M* '«Pi!i“M o SI jtvkd^ X u. ^ # - # ftm H -T- ' --smm ■ 'X41CViV>'>i.'^a'>.c* •i»yw.«: v^twr. yi # j <, .•all. I \» A.^ ' r • -L: . • 4.5 -J X '-.’^PT V ■*1 ^'.' v,-V •'«It (fc- .. VNfcsr^,.'.' . - rf'♦v I »y ''t?7F -> ? > ; .r.'.'* ■ ‘^;v' ^ ,i•: !•» • £1^ f^TH rtv I*fmsgmwM ’.o •'‘"If /• 'a •^. k “"■^•.'■«v"^ •-.“!®^w ■■ ■i f , > :: m^. ■;'. I Ml i w»*v •, ‘^' •*• i. . •* ^• -P I . ^*. ,r T A V X. • J . >4fi S€...ili 1?^*. '/•/.<0 : S Wi.cC»ft ••^ >T ■'t T-v ’f^.'f '/« p / -.I ., / -ar.q .^sis:>Aix^^./o,^eo Ivy Placc^ '' *■ / >-<5^ ' • ■ . -J*<« m. 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''f-m^^P4 ^:|1 I ““ • II ^ll Iilli!J * i |j! s? i ‘' I* ?*>■'? i%A 0^' • *f i * .;-'^-' •v,..f,.cV<WiWiv4:,^V ' y \ ' N. , \v *- ■ 7'^ - - ' :>'s' _Ai mWkv%< ■' X / X ^ ■WI ttk !•■ ..^ RUN D ate : xminam 31 2011723420001 PROPAOOR 31 ADDRESS UNASSIGNEO OWNER NAME S L KAPLAN ET AL TRUSTEES TA3CPAYER JAMES W LUPIENT NAME/ADOR 750 PENNSYLVANIA AVES GOLDEN VALLEY MN 55420 3« 2011723420006 PROPAOOR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER HENNEPIN FORFEITED LAND NAME/ADOR not for SALE/UNDER WATER IN UAKEMTKA 38 2011723420018 PROPADUR 3546 IVY PL OWNER NAME M F DRAZAN A M DRAZAN taxpayer M.\RV F J MICHAEL DRAZAN NAME/ADDR 3546 IVY PL WAYZATAMN 55391 Hsj GO i PACE: I 38 2011723420002 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME S L KAPLAN ET AL TRUSTEES taxpayer JAMES W LUPIENT NAME/ADDR 750 PENNSYLVANIA AVE S GOLDEN VALLEY MN 55426 38 2011723420016 PROP ADDR 3550 IVY PL OWNER NAME WMAJDAMPIER taxpayer WILLIAM S DAMPIER NAME/ADDR 3550 IVY PUCE WAYZATAMN 55391 38 2011723420027 PROP ADDR 3560 IVY PL OWNER NAME O A CHRISTENSEN ET AL taxpayer GARY a R LYNN a CHRISTENSEN NAME/ADOR 3560 IVY PL WAYZATAMN 55391 38 2011723420005 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME VILOFORONO taxpayer CITY OF ORONO NAME/ADDR PO box 66 CRYSTAL BAY MN 55323 38 2011723420017 PROP a DDR 3548 IVY PL OWNER NAME C4SPYLE taxpayer CHARLES D PYLE NAME/ADDR 3548 IVY PUCE WAYZATAMN 55391 38 2011723420034 PROPADDR 3545 IVY PL OWNER NAME JEFFREY R DEBRA DANBERRY taxpayer JEFFREY R DEBRA DANBERRY NAME/a ODR 3545 IVY PL WAYZATAMN 55J9| OF MY knowledge AND BELIF,F rtmentnt Q _ ' r .1 I (we) ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM [print name(s)]f (print address] /Pi have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council auproval. Date Property Owner Date I (we) [print name(s)l [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ./ . \ f . r -1 , « t ak i Hennepin 11 - Bvtienrj' Hennepin County Taxpayer Services Department i/ (Oi) /■' ' fr » M ' -.kJ f I rxsRw. parcel Information “ y ID 2011723420027 § Number 3560 f Street Name IVY PL This is tK)i a legally recorried map. II represents a compilaLon of informalion and data from City, County, and State road authorities and other sources. r I Date Appilealioa Received: 12>l9-04 Dele AppUcelkm CoaeMcred as Coaipkle; 12* 19*04 60-Day Review Period Ripiree: 2-19-05 eitcndcd to 4-18-05 MAH I 4 2005 CITY OF OHONO REQUEST FOR COUNCIL ACTION Date: March 1 1 ,2005 Keiii No.: V Department Approval: Adminietrator Approval: Name, Title: Mike Gaff ron, IManning Director Janice Oundlach, City Planner Agenda Section: Zoning Item Dcecription: #05-3080, Interspace-West, Inc., 2060 Wayzata Boulevard West General Concept Plan Approval Zoning District: Lot Area: Lot Width: B - 6, Highway Commercial District I’UD, Planned Unit Development 2.637 acres (1 14,868 s.f.) 191 feet I .ist of Exhibits A - Council Action Notice dated 3-1 05 B - Revi.scd Hlevulions C - Revised iinginecring Plaas Application Summary: The applicant is requesting the following in order to construct 20 units of office condos on 10 lots and one common lot to be known as Sugarwoods Ollicc Center: 1. 11-6 PUD General ('oneept Pliui approval, 2. Preliminary Plat approval in order to create 10 units lots and one common lot, 3. Commercial Site Plan apprtival, and lastly 4. Liascinent Vaaitions in conjunction with dedication of new easements. The applicants have proposed development of 20 units of olllce condos on apj)roximatcIy 2.6 acres located at 2060 Way/ata Boulevard We.st. The pro|K)sed condos will be 2-.story walkouts containing apjnoximately 34,186 s.f. ol ’gross square footage, liach building will contain a walk­ out level, a main floor level and a second story nie/./aninc. Approval ol this project will first require General Concept Plan approval. Preliminary Plat approval and Commercial Site Plan approval, followed by General Development Plan. l-.Tscmcnt Vacation, and Final Plat a]ij)rovals and an amendment to PUD Agreement No. 2 A. At tiie February 28'*' City Council meeting the applicants were directed to redesign the proposed office townhouse units. Attached to this memo as Exhibits B and C are the revised elevation view drawings as well as revised engineering plans, which were necessary as minor site plan changes have occurred. In an effort to incorporate the architectural features requested, the applicants have included a pitched roof with a more traditional entryway. In making these unit revisions the clusters have been redesigned where the shared stairways now sit in the middle of the clusters. The units will have the same «mnnnt of square footage, and remain two stories with the walkouts facing to the north and east The site plan changes are very minor in that the parking layout, finished floor elevations of the units, and retaining wall heights and elevations remain unchanged. COUNaL ACTION REQUESTED Determine if the architectural revisions are adequate. If not duect the applicant further on wliat revisions would gather Council support. If the architectural revisions meet Council expectations, then direct staff to draft a resolution approving the concept plan for approval at the next meeting. M p: 1 aTYOFORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #05-3080 NOTICE OF COUNCIL ACTION DATE OF NOTICE: March 1,2005 TOr Interspace-West, Inc.COPIES: P.O. Box 184 WayzaU, MN 55391 TYPE OF APPLICATION:General Concept Plan DATE OF MEETING: February 28,2005 VOTE: 5 FOR 0 AGAINST Motion: To table. The Council directed the applicant to implement a revised architectural style as discussed during the meeting. Applicant’s next meeting is tentatively scheduled for: City Council - Monday, March 14,2005 pending submittal of the above requested items; meeting starts at 7:00 p.m. If you desire certified copies of the oHicial Council minutes, they are available from the City Clerk after review and approval by the City Council. SCALE IN FKKT aiMMct m. 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Title: Planning Director Agenda Section: Zoning Item Description: W05-.1081 “Stonebay Lofts" - Oullol li, STONLUAY ("2670 Kelley Parkway”) Pinal Docnincnts Review: 1) Resolution; Prcliininary and Final Plat Approval 2) (icncral Dcvclopnient i*lan Approviil for IMII) No. 4M 3) PUD No. 411 Agrccincnt and IM ID/Dcveloptnent (’onttacl Application Status: At the Pebniary 28 meeting on a 5-0 vote ('ouncil «Iiiected slalTto drafl the iippropriatc approval documents and resolutions, for review and adoption on March 14. Council al.so indicated accc|)tanccortbcrcvi.sed parkingplan.acccptanccofthc proposal for a single elevator, and indicated that additional land.scaping be added 1) between the frotU parking lot and the road, perhaps a hedge or all .sea.son plantings to shield headlights; and 2) between the front parking lot entrance and the southeasterly units where headlights woidd potentially impact tbo.se units. List of ExbibiLs A - Revised Uind.scape Plan - .1/0/05 n - Sheets C2.3 and 1,2.1 from Original Stonebay Approval re: Derm Adjoining Public Works (* - Notice of Council Action 3-4-05 I) - Pinal Doeuments for Review and Discu.ssion; 1) Resolution: Preliminary and Pinal Plat Approval 2) General Development Plan Approval for PUD No. 411 3) PI ID No. 4H Ag.recmcnt and PUD/Dcvclopment Carntract Revised I.Hnd.seii|iiiig I'laii Applicants have submitted a revised land.scapcj)lan that ineoipoi ales atldilionalpIaniini-,s at the .sonibea.si cmnrnrftbebuildingand between Ihcparking lot and Kelley I'arkway, pel ConnciPsdiieclion. Hie new plan cuts in half (from 12 white.spruces to 0) the additional scrccnin{Vlnilfering the Developei bail earlier piopo.M'dlo .siippleiiicnlllielieim vegetation next to the Public Woikssite. Ilowcx'cr.tbal.siipplemenlal ;a.rccnmg was in addition to llie.siib.slanlial srieeiiing(pAliibils M) ia|iiired lobe provided by the Stonebay developers, and the ciiiieiit laluclion still nioie Ilian ma ls(\Hleretniiicnienls. Council .should review this latest submittal and conclude whether it is acceptable. Staff recommends appioval. f Stnncbiiy Lofls March 11,2005 I'afic 2 Approval Documcnfa SltUI is advised lhal the County plat review is still underway and the mylars will not he available for signature at Monday ’s meeting. Per our standard procedure, llnal plat approval will not be grunted unless the f’ounty-acccptcd mylars arc at the meeting; hence adoption ofthe final plat re.sohition shouhl be delayed. I lowcver, Council should take this opportunity to review the final development documents and dclerminewhelhei they addre.ssalllopicsor issucsdcsiird to be c.stabli.shed by Council. Salient points for each document are noted below. 1) Kesolution: Preliminary nnd I‘ina l Plat Approval * nccausc the plat involved a triangular portion ol'Stonebay Outlot P being incoi|M)ralcd with the I x)(ls property, this became more than just a final plattingofOutlot liintoabuildable lot. Thciefore, this resolution grants both preliminary and final plat approval. 'I he resolution is written such that the plat cannot be released for filing until the PI ID No. 4H Agreement has been executed by the I )evelo|)er. anil all other raiuircmeiits have been met. 2) Kc.sohitioii:_(.»eneial DcvcIoDiiieiit Plan Approval for PUD No. 4D • I he re.sohition defines the following fees to paid by the Developer in relation to this development (the ftjnnulas for these fees were delinetl in the original Sioiiebayajipioval.s): Storm Water and Drainage fnink Fee; $ 94,404 Sewer «Vc Water ('onneetion Charges: $ 241,157 Park Dedication Pee: $ 182,250 Thcrcsolutiondclincsundidcntilicsthe.specificpieliininaiyplauswhieh(’ouneilhas appiovofandaddspeilincnlcondilionsoi rcicienccs conditions which will are eiiumeiatetl ill the PUD No. 4M Agreement. I he resolution establishes review pioeeduies for ehaiig.es to the plans if they become necessary or arc propo.scil. 'Ilieie-Milution establishes that Council may nullity the appiov.il.sifsub.sIaulialdevelopma It has not oceiiiied within one yc> . Stoncbay Lofls March 11, ZOOS Pages 3) PUD No. 4B Agreement and PUD/Development Contract This document establishes detailed development requirements for the property, and legally obligates the developer to abide by those requirements. Hie Agreement requires the Developer to post a Letter of Credit to guarantee tlie City tlie ability to complete certain improvements if necessary. The language includes the "Owners” (John Terrance Homes) as a party to tlie Agreement because certain of the improvements required for the Lofls were required to be completed by Owners or are located on Outlet G to the east (Cascade Lane) and require cooperation or approval of the Owners. Staff Recommendation Staff recommends that Council review the revised landscq>ing plan and each of the provided development doci'.ments. TheCity Attorney has not provided review comments as of this writing, hence the documents are subject to his revision; additionally, the Developer will have not received tliese until 3/11/05 at the earliest, and the Developer and Owner may have comments or revisions. Staff would advise Council not to adopt the final plat approval resolution since mylars are not available yet, as this has been the City’s consistent practice. However, ifCouncil finds that all topics or concerns have been fully addressed in the document language. Council could take the following actions: 1) Motion to accept tlic language of tlie PUD NO. 4B Agreement & PUD/Development Contract 2) Direct staff to finalize tlic language of the two resolutions for adoption on March 28. COUNCIL ACTION REQUESTED Review and provide direction regarding the revised landscape plans. 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Ilox AA C ryMnl Huy, IVIN 55^2.1 (952) 249-4A<K) ZONING FILE //04-3081 NOTK.’K OF rOIINf:iL ACFION DATE OF NOTICE: March 4, 2005 TO: ZM Conslmciirm, Inc. - Ainic Zaciunan COPIF!S: .lolin Terrance nome.s 10300 lOlli Avenue Noiih 2500 Kelley Parkway Plynioiilli, MN 55441 Orono, MN 5535A TYPE OF APPMCATION: RPUO .Site Plan & Final Plat Review DATE OF MEEI'ING: l••cl)|•naly 2K. 2005 Motion: Council directed stall to draft the appropriate approval documents and resolutions, for review and adoption on March 14. Council also indicated acceptance of the revised parking plan, acceptance of the propo.sal foi a single elevator, aiul indicated that additional landscaping he added I) hclwccn the lioni parking lot and the toad, peihaps a hedge or ali-sea.son plantings to .shield headlights; and 2) between the lioiit patking lot eiiliance and the southcaslcily units where headlights \'ould potentially impact those units. Vole: § In Favor Q Against Applicant's next s .icdulcd meeting is confiiincd ns: City Council - Monday, March 14, 2UU5; meeting starts at 7:01) p.ni. If you dcsiie ccitilicd copies oflhc olTicial Council miniitc.s, they arc available from the ('ity ReconJer nHei review and appioval by the Council. If you have (|iicslions. please contact Planning Director Mike tiallron at 952 24';-4{iO(). Drnrnvi 3-7-05 A KK.SOl.iri'ION CRANTim; I'KKI.IMINAKY I’l.AT Al ’i'ROVAI. ANI> AITROVIN<; TIIF, HNAI. I'l.AT OF STONKIIAY SKCONI) ADDI110N - FII.F, //05-308I WHFRFAS, tlic ('ity olOrono is a municinal corpoi alion orp.ani/cd ami cx islinj: umlcr ilio lawK nfilic Stale of Minnesota; and # WIIFRF-AS, the ('ity ('ounril of the City <irOn)iio (Itcrcinancr “City (’ouncil") has adopted SutMlivisioii and landdcvclopinrnl lep,illations linthcoidnly.ex'ononiieand safedevelopnicntof land within the (’ity; and W||F.RJ''AS, the (’ity (’ouncil has considered liic application hy '/.H (’oiifitniction. Inc. (haeinalln ”l )cvelopn ”) and John Teiranfc I lomrs, 1 1 ,(’ lin sulxlivision .mil development by the I'lannai I tail I )cvelopnienl piorc.ssorpiopeily located at 2()70 Kelley Parkway and lcp.:.llyde,scrihedaH Ibllows; Oullol.s li and P', S I'ONIillAY. Hennepin ('ounty, MinneMila (heremaner "the Piopeilv”); and WIIKUKAS.on laniiaiy 27,200.1 ihc( ‘ily( 'oiineil adopted Kesolution No. 4 ‘M p,ranlinp, (icneial I )evelopnienl Plan Appioval for Pl.inncd I hiil Developnicnl No dtl’linNo 4), and on April 2S. 200.1 IhcCily ('ouned adopted iMnal Plat Appioval Uc.solnlion No. 40!i.S .which appiovals included the lidlowinp. elements; I 2. (’lnlliono^hcplato^STONl•I^A^'including I ols. Hlwk.s.aiulOiilloi.sforimnicdialcaiul liiliiic phasril developnicnl lot lesidenlial and non-rcsidcntial uses; Rezoninp. ol the portion ol piopaly noilh of Kelley Paikway to RIM ID Residential Planned I hut Development Di.stiiel; li.siabli.slinicnl ofeonijitions for development within PUD No. 4; and Pape I of .i WHRRKAS, llie Develo|)cr has agreed to execute the Planned Unit Development No. 4B Agreement which sets forth terms and conditions for the development ofthat element of PUD No. 4 known as tlie Stonebay Lofts which encompasses Outlot E and u portion of Outlet F of STONEBAY; and WHEREAS, the Developer has submitted preliminary plat and final plat drawings fora re-plat of Outlots E and F, STONEBAY, to create a new plat entitled STONEBAY SECOND ADDITION comprised of Lot 1, Block I, for the pur|)osc of construction of the Stonebay Lofts, and Outlot A, for the purpose of future residential development only upon fiuihcr subdivision approval to convert Outlot A to a buildable Lot, as approved in the PUD No. 4 Agreement; and WHEREAS, the Developer has completed or has agreed to complete all other requirements of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 4915. 2. Dedication on the plat of perimeter Drainage and Utility Easements for proposed Lot I, Block I. 3. 4. 8. 9. Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, subject to tlie existing Flowage and Conservation Easement over said wetlands. Submittal of Minnehaha Creek Watershed District (MCWD) pcmiit approving the grading and stonn water management facilities plan for further development oftlie Property. 6. Payment to the City of Development Fees as enumerated in Resolution No.___^Granting General Development Plan Approval for Planned Unit Development No. 4B. 7. Payment to the City for the legal review and filingof the plat documents, agreements, easements and covenants in the amount of $280.00 plus incurred review and filing costs. Payment of the Final Plat Review Fee in the amount of $250.00 p|u.s inciured legal, engineering and planning consultant charges. Provision to the City of a title opinion for the Property and certified copies of all recorded casements currently aflecting the Property. Page 2 of 5 10. Provision of final copy of the individual Stonebay Lofts Community Declaration. 1 1 . Execution ofthe Planned Liinl Development No. 4B Agreement which sets forth temis and conditions for the development of Lot 1, Block 1, STONEBAY SECOND ADDITION, providing for the installation of certain private improvements, and which agreement documents the general and detai led conditions for use and development of the Property. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 4915 and the additional findings noted herein, the City Council oftheCityofOrono does herebyapprove the plat of STONEBAY SECOND ADDITION, Hennepin County, Minnesota subject to the following conditions: 1 . Upon the final approval and execution of tliis resolution and the Planned Unit Development No. 4B Agreement, the City Council shall fomially approve an ordinance to amend tlie Orono Zoning Code by adding language establishing Planned Unit Development No. 4B (PUD-4B) to include all portions of the property. 2. Upon approval of tliis Resolution and completion by the Developer of the requirements set forth in this resolution the City Council shall direct tlie Mayor and Clerk to execute other documents required for PUD-4B, subject to approval by the City Attorney. 3. The City Clerk shall release the plat documents for filing only upon certification by tlie City Attorney that: a) all requirements of the platting regulations have been satisfied; and b) the language and provisions of the PUD No. 4B Agreement have been found satisfactory to the City Attorney and has been fonnally executed by the Developer. 4. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before September 14,2005 together with a certified original copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. Page 3 of 5 The approval granted by this Resolution shal I expire i f the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono tliis 14th day of March, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 4 of 5 t * t STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this___day of ,2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. j I Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2005 by Linda S. Vee, City Clerk of tlic City ofOrono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 5 Dran ffl J-7-0S A RESOLUTION GRANTING GENERAL DEVEI^OPMENT PI,AN APPROVAL FOR Pl.ANNED UNIT DEVEI.OPMENT NO. 4B FOR /B CONS I RUCnON, INC. AND JOHN TERRANCE HOMES, IJ.C • FILE //0S<3U81 WHEREAS, the City ofOrono is a municipal coiporation organimi and existing under the laws of tile State of Minnesota; and WHEREAS, the City Council of the City of Orono (hcrcinallcr “City Council ”) has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, /.II Construction, Inc. (hereinaller “Developer") has an interest in property owned hy John Terrance 1 Ionics, LLC (hercinarter “Owner”) located at 2670 Kelley I’arkway and legally described as: Ontlots H and F, STONliBAY , Hennepin County, rvimnesota (hercinaner “the ^'utlot.s ”); and WHEREAS, the Developer and Owner have made application for a i e-plat of the Ontlots to create a new plat to he known as STONF.HAY Sl-COND ADDlMON, comprised of l.ot I. Block I (hereinaltei the “Property ”), for the pntpo.se ol constniction of the Sloncbay l.olls, and Outlot A, for the pur|K)SC of future lesidential development, as appioveil in the Planned I Init Development No. 4 Agrcaiicnt; and WHEREAS, the City Council has considered the application by the Developer for development of the Property by the Planned I Init Development (PUD) process; and WHEREAS,on Januaiy 27,2tX).1 the ( 'ity Counci I adopletl Resolution No. 4915 granting Gcticral Development Plan Approval for Planned Unit Development No. 4 (PUD No. 4). and on April 28, 200.1 thcCity('onncil adopted Pinal Plat Approval Re.solution No. 4955 .which appiovals included the f«)llowing elements: Page I ol 7 I. C’lciilion ofllie plat ofSTONnHA Y incliidinij I ,ols, lilocks, atul Uiitlol?: for immediate and fiilnrc piiascd dcvdopmeiil for residential and non residential uses; 2. Kezuning i)f the potlion of piopcily not III of Kelley I’aikway to KIM )l) Residential IManncd Unit Development District; Fslaljlishincnl of conditions for development within I'UD No. 4; and WIII<',UKAK,tlie Applicants have agieed toc.xeente Planned I Init Deveh)pinent No. 4H Agreement providing for the iastallationofceilainiinpiovenients as a condition ofsite plan appioval Idi the constnjction of the Stonebay I -oils, n 57-nnit rc.sidential condomininni building, and wbicb Agreeinent documents the general and detailed conditions lor use and development of the Property; and WIIKRKAS, the Developer has completed or has agieed to complete all other rctjuircnicnls of the /oning ('ode and related Ordinances of the ('ity including: 1.iSubmiltal of Minnehaha Creek Watcrshal Di.strict (M(’WD) permit approving the erosion control, grading and stemnwater management (acilitics plan lor the development ol the Property pci ii( Irading, Drainag.cand l•.rosion Control Plan to be submitted by the Developer sub|ect to ap|Uoval by the City luiginecr. 2.Payment to the City of .Storimvatcr and Drainage Tiunk Pees for the develo|mient of the Pto|ierty in the umoitnt ol .VM,4tM basctl on the following ibmutia as established ii ■ l'!xbibit M of the Planned Unit Development No. 4 Agreement; *1 milk I cc. 200.S I cr Sdinitilr - $S.82‘» pcf m ir CJiussi aiifiiK** III Krjiillnihal |mitinii tirS'lONIillA V 41 .5^ m icji Suhlolal UrM.lnihiil SW.^D I I cr * 41 SS x - $M;.02V 'l iaiisfci fioiii cnitiiiirM nil C;io%% iiMiinirMlitl SWtVr M I I'Vr: 9.M0 nricx x $(».(iSVncir '* Nrl I'oiiiiiinrlMl SWiKflll I rr: 7.19 ihitx \ $(i.<»SVm*rr - S 17,819 I rmixlrt lo MrxHirnlitil < . 47,N49 - |IM.O Wi Tntiil SlniiH»jiy UrMilmhiil NWiVDr I rr ^; i;.0;9 l ()<•!» I'loiiilmti I o(K iinils / lolal iiiiil»* - pniltnn «|iin loi I oils I olh •• S7 iiiiils l oljil imitM (,iHn I oils rcducUuii) l^7 uiiil.s S / /is;- (M(»^ X $26<M)6S - S9|,404 Tiiijc 2 of 7 t : » [ 4 r 3 Payment of Sewer and Water Connection Charges fortliedevelopmentofihe Property in the amount of$24 1,1 57 based on the following formula as established in Hxhibit Mnf the Planned Unit Development No. 4 Agreement: I98*> Hwy 12 Area Sewer ( unncction niaigc(2()05 l*cc Schedule) ‘ S.S/iSVncrc 1989 llwy 12 Area WaCei Conneclion Chai^jc (2(I0f> I'cc .Schedule) * $9, ^^Vaerc Suhfotal Scwci and Wafer ('onncclion (’hnraes ^ $1 f»,OIO/acrc Ucsidential lolnl area 44 26 acies 44 26 acres x $LS,OIO/acir l6MxMi Tolal S&W Cuiincctiuii Chaises Proration: LoHs units / total units * portion due for LoHs Lofts « 57 units Tolal units (uHcr Lofts tediicfion) - 1 57 uiiif.s 57/ 1.57 " 0.36.1 X $664,343 - $241,157 4. Payment of Park Dedication Pee for I3evclopmenl of the Property in the amount of $185,250 based on the following fomuila ascstabli.shed in Hxhibit M ofthe Planned Unit Development No. 4 Agreement: L.slahlished value orresideitlial poition ofSloncImy - $4,622,083 8% Pufk l ee - 0 08 x $4,622,083 $369,767 Min/max ranae check (inusi hctwrrn $3,250 and $S.550 per unit) $369,767 / 157 units - $23S5/unit (below re(|iiiicd niin/mux lange) Minimum l ee applied: 157 units x $3,250/unit"" $510^2.50 |•!n^ntinn: Lofts units / total units - poition due for l .oHs 57 units X ^3.250/unit« $185,250 WIIKHKAS, City slairaiul consultants have icvicwcil the plans foi this 1*1 II) application ami hcrchy specify approval or conditional approval ofcach attached plan ami identify them as part ofthe <*niei.d iec«)i(l for Phimied I Init Development No. 4LJ: 1. 2. Appioval of site plan per ‘‘Pieliminaiy Site Plan” Sheet C2.1 dated 2/21/05. Approval or'Pielimiiiaiy (I’railiii)' Plan" per Sheet CM. I daleil 2/21/05, subject to any additional requirements ot the Minnehaha ('reek Watei.sheil I )i.slrict and siihject to any atidi(ionaIie«|iiiiemenls and conditions spccilietl by thcCitylinp.ineei upon review oHinaI plans. b. J. Approval of "Preliminary t Jtility Plan" per Sheet C’4.1 dated 2/21/05, subject to any additional requirements s|)ecifieri by the ('ity l-iiyineer uju)ii review of final plans. Paye ^ of 7 r 4. Approval of "hcliminary hiiulscapc I'hin" per Shed 1,2.1 daled .WO.S, siihjcd (o condilions established within the I’UI) No. 4M Ap.iccmcul. 5. Approval oreoMccpIiial f|«)orplans for the building per the "(‘oncept I flyout” by Unicc I x'hi ci Archilcd.s, (iindaicd) winch include 57 rlwelling, units and one guest unit, a single elevator located near the niid|M>inl of the building, an<l lower level parking for 05 vehicles. d. Approval ofbuilding exterior elcv.itionsaiul materials pel Sheet A-2by MruceI.ehrer Arehiteetsla.st dated 1/21/05, subject to submittal of facade elevations foi all sides of the buihling to he similar in variety and peaentage mix of materials to the facades shown on .said Sheet. Ihiildingiiiateiials ra|uired by this approval areas indicated on sjiid Sheet A-2 and shall include architeetural .shingles plus both a light and dark stone mixture on the lacadesosshownby the shading on the plans. Koof lines and v.iMcty of roof heights, etc. shall he as shown on said Sheet A-2. I'inal plans submitted for building permit issuance .sh ill K* awiewal by the Planning I hiector (or consistency with this approval, and any signincani changes not coiisi.stent with this aiiproval mayre(|uire(\)uncilrcvic\v and appmval at the discretion ofthe Planning I )ira'tor. Anypropo.sedextei ior .signage or .site lighting shall be siihjecl to (’ity review and approval piioi to in.stallation. NOW, I IIKKI‘)l''OUK, HI*’, IT Ki<'..SO|,VI*'l) that basal on the findings of this Resolution, ihcrityC’ouncilol the City of OmnodoeshciehygiantOeiieial |)evelo|inient Plan Approval for Planned t Init Development No. 4B, subject to the following conditions: 1. (I’eiieral Development Plan Appmval is granted subject to conditions established within this Rc.solution and subject to the conditions e.stablished within the Planned I Jnit I )cvclopnicnt No. 4M Agreement and other pertinent ilm innents. 2. I Ipoii the final approval and execution of this re.solution and the Planned I Jnil I )evelopnienl No. ■JHAgimnent. theCity Council shall formally approve an oixIuKuicc amending the Oiono/oning (’odehyaildiiiglani ’.iiageestabhshing, PlannalUnit Development No.4H(Pl ID 4M)toincliule the Property. Page 4 of 7 3. 5. 6. 7. U|X)n approval oftliis Resolution the City Council shall direct the Mayor and Clerk to execute the "I’lannerl Unit Development No. 4H Agreement ” and ii.s.socialed documents subject to approval of the City Attorney.. 4. Minor changes in the location, design or footprint of the building may be authorized by the Development Review Committee if required by aigineering or oilier circumstances not foreseen at the time the final plan was approved and filed with the Planning Director. Significant changes in the location, si/.e, or height of the building, and any other changes to the approved final development plan deenial by the Planning Director to be signi ficant may be made only aficr review and approval by the Council. Any changes shall be recorded as amendments to Uic recorded copy of the final development plan. Ifsuhstantial development has not occuned within one year after approval of PI JD No. 4B as set forth in the Planned Unit Development No. 4H Agreement, the City Council may declare the approvals granted within this resolution and within .said Agreement as null and void. Tlic appnrvals grantctl in tliis Resolution shall become efivetive only when all conditions of approval rc(|uiring actions by the I'tevelopcr have been satisfied. Adopted by the City Council of Orono this 14th day of March, 2005. AITI-Sf: I.iiida S. Vee, City Clerk Barbara A. Peterson, Mayor Developer (On behalf of ZU Construction, Inc.) Owner (On belmtforjohii Tcnuncc lloiiie.s. I.I.C) Page 5 of 7 ityor and Clerk U> execute the cuments subject to approval g may be authorized by llic circumstances not foreseen ng Director. iind any otlier changes to the ) be significant muyl)cmailc recorded as amendments to iroval of PUD No. 411 as set ty Council may ilcclarc the icnt as null and void. ici! all conditions of approval larch, 20O5. lyor mance ttotnes, LI.C) STATli OF MINNFSOTA COUNTY OFHFNNFPIN 'flic foregoing instrument was acknowledged before me on this__day of _________, 2005 by riarbura A. Peterson, Mayor oftheCityofOrono, a Mimicsota municipal corporation and .said instniinent was executed on behalf of the C’ity. Notary Public s'iatf: of minni *sota C:OUN TY OF MFNNFPIN 1 he foregoing instrument was acknowledged before me on this ilay of _______ , 2005 by Linda S. Vee.t ity( .lerkolthe('ityofOrono, a Minnesota nuinicipaicoiporation and said instniinent wjls executed on behalf of the City. Notary Public Page 6 of 7 r ST ATP, OF MINNESOTA COUNTY OF' IIPNNP.I'IN Oil this___(lay of____ ____ personally appeared before me, ____who is personally known to me ,20 wh isc identity I proved on the basis of whose identity I proved on the oatli/affirmatioii of credible witness ,.a and who executed tlic foregoing' insinnnent, and acknowledged that he/she/they executed die same as his/hcr/their free act and deed. Notary Public SfATIiOI-MlNNJ'SOTA COIJN I Y OF lIFNNFIMN ()n this _day of pei.sonally appeared before me, who IS personally known lo me ____whose identity I pioved on the basis of .20 who.se identity I proved on the oath/afrirnialion of credible witness ________. a and who executed the Ibrcp.oinf* instrument, and acknowlcd^^ed that hc/.she/tliey executed the same as his/hci/their lice act .1 deed. Nolruy Public P.ige 7 of 7 Draft#2 3/ll/OS r TABI.E OF CONTENTS AftRIU-MHNT PROVISIONS R.A(Jli 1. I’ROIM'R'rY DI'SCRir*! ION..........................................................................................SI*-1 2. ZONINO ...................................................................................................................SI’-2 I. l•l•:RM^THmIs^s......................................................................................................si*-2 4. sn !•; A( 'c:iiss..............................................................................................................si*-2 5. I)i-:vi {i.()I*mi*:ntim .an .s......................................................................................... si*-2 6. IMl'KOVHMIiN'IS ....................................................................................................Sl*-3 7. ('(INS I RlKTIONOr IMI'R0VI;MI*:NTS ....................................................................SIM K. I'RRIORMANri'Sl'CURITY .....................................................................................SI*-5 y. l••|•;l«;s and hxi 'HN shs ..................................................................................si*-5 10 Nonci*.........................................................................................................................SI*-5 II. ADDmONAl.CONDinONS .....................................................................................SI’-O 12. (!l<NI'RAI.(()NI)lll()N.S .........................................................................................SI'-7 GI:NI-:RAI. CONDITIONS 1. RKilll TOI’ROCI’I'D ............................................................................................. (KM 2. I^I•I•I•XT01• SUHDIVJStON AI'I'KOVAI................................................................... (KM 3. IMI'ROVI-MI'NIS .................................................................................................. (KM 4. IRON MONUMI.N IS............................................................................................... (K:-2 5. RKiinOIM-NIRY.................................................................................................. (iC-2 6. Sm* l•;R()SI()NCONTROI........................................................................................ (K:-2 7. CUiANUI* ................................................................................................................ (K’-3 K. A(\ IX'TAN('r. ANDOWNHRSIIIP()FIMPR( )VnMhN IS ..................................... (K'-3 y. LANDSCAI'INO........................................................................................................ (K’-3 10. WARRANTY .......................................................................................................... (K’-3 11. MAINIT.NANCp; .................................................................................................... GC-3 12 RiiSPONSmil I l Y lORCO.STS ............................................................................... (KM 13. PRIVA I i; mil l l ll'S.............................................................................................. (KM 14. di ;vi ;i.()pp;r.s Rl•;pRl•;sl•;N^A■noNS andcovi -nanis ...................................... (ic-4 i.*>. (TiY rpprispniaiions andcovi :nants .................................................... (K:-5 16 Dp;vp;i.opi;ics DP.i AUl.T ...................................................................................... (K'-.s 17. COMPl.lANCP. ......................................................................................................... (K‘.5 IK. MINI UNO l•l l•l•.(•^................................................................................................... (K"-6 19. INCORPORA TION MY RIM RI'NCH....................................................................... (JC-O 20 Dl.SCI AIMPR MV CU V........................................................................................... (K’-6 21 IIOI DIIARMI P.SS ANDINDI-MNIMCA TION....................................................... 0( -6 22 CON TROI I INO A0RI;P;MI NT .............................................................................. (K’-6 23 SI VT.RAMII.ITV...................................................................................................... (!(•.(, 24 WAIVI RS/AMI*;NI)MI NTS ................................................................................. (K--6 25. KI'J.l'ASli ........................................................................... (K'-7 r.« r 26. 27. ASSIGNABILITV.................................................................................................... GC-7 MISCELLANEOUS A. Construction Trailers ..................................................................................... GC-7 B. Postal Service .............................................................................................. GC-7 C. Insurance ...................................................................................................... GC-7 D. Construction Hours....................................................................................... GC-7 E. Hoise Amplification ..................................... GC-7 F. Storm Sewer Maintenance .................................................... GC-7 G. Soil Conditions ............................................................................................ GC-8 H. Soil Correction ............................................................................................ GC-8 I. Construction Plans ......................................................................................... GC-8 J. Certificate of Occupancy ............................................................................... GC-8 Jim CITY OF ORONO HENNEPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 4B AGREEMENT AND PUD/DEVELOPMENT CONTRACT STONKBAY LOFTS LOT 1, BLOCK I, STONEBAY SECOND ADDITION DEVELOPER: ZB CONS I RUCTION, INC. OWNER: JOHN TERRANCE HOMES, LLC THIS AGREEMENT made and entered into this day of , 2005 by and between the CITY OF ORONO, a municipal coiporation organized and existing under the laws of the State of Minnesota (the "City"); ZB CONSTRUCTION, INC, a Minnesota corporation (tlic "Developer"); and JOHN TERRANCE HOMES, LLC, a Minnesota Limited Liability Corporation (the ••Owner ”). WITNESSETH: WHEREAS, tlie Developer and Owner have made application to the City for approval of a re-plat ofOutlots E and F, STONEBAY, to be known as S l ONEBAY SECOND ADDITION which shall be comprised of Lot I, Block 1 (hereinafter the “Property ”), for the purpose of construction cf the Stonebay Lofts, and Outlot A, for the purpose of future residential development, as approved in the Planned Unit Development No. 4 Agreement on flic and of record with the City of Orono; and WHEREAS, the City has approved the re-plat via Resolution No.adopted on March 14,2005 on co. idition that the Developer enter into this Agreement and Contract and fumi.ch the security required by it. NOW, THEREFORE, in considcrationof the premises, andofthe actual pmmi.se.saiul conditions hereinafter eontained, it is hereby agreed as follows: I. Property De eriptioii. This Agreement and PUD/Development Contract shall applyoniy to the following described projierty located in Hennepin County, Minnesota: Lot I, Block I, STONliBAY SECOND ADDITION (the “Property ”) and Ontlot G, STONEBAY (‘Outlot G") AP-1 2. 3. 4. 5. Zotiiitg. I'hc Property is zoned Planned Unit Dcvelopment/Residential Planned Development (PUD/RPUD) subject to the provisions of City of Orono PUD No. 4 and the PUD No. 4 Agreement. Except as specifically modified herein, or as established in the PUD NO. 4 Agreement, the uses, requirements, and standards of tlie RPUD zoning district apply to the property. Permitted Uses. The only permitted principal use for the Property is a 57-unit residential condominium building. Within the Property the only accessory structures allowed shall include a monument identification sign subject to City approval. No other accessory structures arc permitted on the Property except by amendment of this agreement. The Developer shall be allowed to process a Common Interest Community plat per the provisions of Minnesota Statutes in order to e.stablish individual unit and common element ownerships within the property. Site Access. Internal circulation for the Property shall be via private driveways iuid parking areas. Tire only access to adjoining public streets shall be tire westerly driveway exit onto Kelley Parkway. Tire easterly access to the property shall be from the private roadway known as Cascade Lane. OfT-site access improvements that are the responsibility of the developer shall include construction ofeurb cuts and driveway aprons within the right-of-way of Kelley Parkway. All such off-sitc improvements shall be perfomied to City sped fications and shal I be reviewed and approved by the Director of Public Services prior to commencement of such improvements. As of the date of this agreement, the City has not accepted Kelley Parkway as a public road, but intends to do so upon its completion, per the provisions of tlic PUD No. 4 Agreement. Development Plans. Tlie Property shall lie developed in accordance with final plans which shall first be certified by lire Phuuiing Director as being in confomiity with the approved plans described below and with the provisions of this PUD agreement. The plans shall not be attached to this Contract. With the exception of Plan A, the tinal plans maybe prepared, subject to City approval, afier entering the Contract, but before commencement of r.ny work on the Property. If the plans vary from the written tenns o»* this Contract, the written teniis shall control. The plans are: A: Pinal plat approved March 14, 2005, prepared by Landfonn, Inc. B: Site Plan per Sheet C2.1 dated 2/21/05, prqiarcd by Landfonn, Inc. C: Grading, Drainage and F-rosion Control Plan per Sheet C3.1 dated 2/21 /05, prepared by Landfonn, Inc. D; Lhility Plan per Sheet C4.1 dated Z'21/05, prepared by Landfonn,Inc. E: I^indscape Plan per Sheet L2.1 dated .'1/9/05, sulycct to the modifications noted herein. AP-2 II ii i i I il 6. F:F'loor plans for the building' per the “Concept I.ayoiit ” prepared by Mnice hehrer Architects, (undated) which include 57 dwelling units and one guest unit, a single elevator located near the midpoint of the building, and lower level parking for 95 vehicles. G:Building exterioi elevations and materials per Sheet A-2 prepared by Bruce Lehrer Architects Iasi dated 1/21/05 subject losubmillal of facade elevations for all sides of the building to he similar in variety and percentage mix of materials to the facades .shown on .said Sheet. Building materials required by this approval are as indicated on .said Sheet A-2 and shall include architectural .shinglesplusbolha light and dark stone mixture on the facades as shown by the shadingou the plans. Koof lines and variety of toof heights, etc. shall be as shown on said Sheet A-2. The above plans are .subject to any additional requi'^ementsofthe Minnehaha Creek Watershed District and subject to any additional rc(|uirements and conditions speci iie«l by the ('ity Fngineer U|H)nieviewuffnial plans. (\)it.stntclionoflhccond(Mninium building shall he in confoi niance with the building codes and regulations adopted by the CityofOrono. Any .sub.stantiai changes to the gross square footage, footprint/wall/roofdiincnsions or defined building height shall rci|uirc a prim amendmen* to t'lis Agreement. Improvenu'iil.s. In accordance with the policies and ordinances of the City of Orono, the l()l lowing descrilKxl public or pi ivaleimpiovenients(hcieinallercolleclivclycallerr'lmproveinents ”) shall be eonsti acted, installed, paid for and maintaineu by the Developer according to the terms and conditions contained in this PUD Agreement: Site grading, riri veways, cuib and gutter, pai k'iig lots, sidewalks, retaining walls i f required and all nece.ssary CKKiion control mea.sures per the Grading, Drainage^ I'losionC ’ontrol Plan referenced herein (hercinaher called “.site grading improvements"); Construction of sanitary sewer and water connections, and construction ofstomi sewer liiK« and facilities as ri-(|uiied (hneinancrealkil “.slonnwater improvements ’’) pcT llic Utility Plan relerencerl herein. C.Undcrgrouml natural ga.s, electric, cable and telephone .service to be airangerl by the Developer with the utility companies involved (hcieinanci called the "otlier utility improvement.s"); I). I .aiulsi aping and site revegetation impiovemenls|ier theappioved I andseapingPlan referenced herein (hereinaner called “land.scaping imimivement.s’’). !•!. Traffic control signaj;e subject to appi )val by the Ckty Fngincer and Public .Services Directoi. AP-3 i G H, I. Privateparking lol,drivewayaiidcxtcrioi building lighting. Flighting tyi>e and design shall be compatible with tlie lighting approved for theoverall Stonebay development. Lighting plans shall be subject to review and approval by the City. Surveying and slaking, and setting of Lot and Block monuments as required. Construction of the segmetU ofCa.seadc l.ane within Oullot G, STONF* BAY necessary to provide vehicular acce.ss to the Properly. Any additional improvements listed within the Site Improvement.s Cost Lstimate attached hereto as Exhibit li. 7. Coirstruciion of Improvements A. B. C. D. F. G. IF. Commencement Dale - Constmetion ofFniprovements shall begin no later than Completion Pate - All Improvements shall be completed no later than___ T’’e Developer may, however, request an extension of time liom the City. If an extension is gnuiled, it.shall be conditioned upon updating the seen, ity posted by the Developer to reflect cost increases and the extended completion daU. Ccntractors - 'I'lic Developer shall select, retain and supervise the Conlractor(.s) responsible for Improvement construction. The ('ity reserves the right to require satisfactory proof of successful experience and adequate financial status ofany such contractor. Where required byCilyordinance, the contractor.shall first obtain a license from tlie City. Pre-Construction ConF'crcncc - Prior to the start ofany constmetion, the Developer and the Developer’s Cmilractor shall meet with the responsible City officials to review construction plans and .sdiedules. Pcruiiis - Prior to the start of any construction, the I )eveloper’s Contractor shall apply for and receive all necessary penuits from the City and/or govemment agencies having juri.sdiction. Site grading shall not commence until the building permit has been issued. FXwelojKT is advi.sed that ;m I-msion Control Pcmiit must be obtained From the Minneluilia ('reek Watershed Di.sliici as well as the required NPDFiS Phase 11 Construction Site pennit, beF'ore commencing any grailing activity on the site. Consiniclion - The constmetion. installation and malci i.ils shall be in accordance with the jdans and specifications approved by the City. Jnspedjon - 'F'hc City through its staffor consultants shall in.spcct the installation ol die improvements to ensure compliance with plans and specifications. The cost of the inspections will be paid by the Developer. ■i* AP-4 10. I. Insurance - The Developer will cause each person who consiructs and installs any hnprovenicnt to inainia n complete insurance coverage including Workmen's (Compensation, Liability and l*roperty Damage. Pcrforniancc Security. For the pur|>uscs ofa.ssuring to the(Oity that the lm|)rovements will he completed according to the terms oftliis agreement, and that the Developer will payor will cau.se to have paid all claims for work done anu materials and supplies funiishcd, the Developer or his GcncralContractorwindeiKxsitwithlhcCitypriorloissuanccofsitegradingand building pcmiits an irri‘viM;ablciellerofi're(iil (LOG) fiom a l(Kal (Twin Cities are;«) financial institution in a fonn satisfactory to the City providing that the City is able to draw upon such letter oferedit in its sole discretion to complete the Improvements ifthe Developer fails to .satisfactorily complete the work prior to the completion date specified in Section 7 above. Fuilher, i fthe rei|uired improvements arc not completed at least thirty (30) days prior to the expiration of the l.OC, the City may also draw on the LOC. If the security is drawn down, the draw shall be used to cure the default. The amount of such deposit .shall be 1 50% of the estimated improvement costs jier the .schedule to be attached to this document as ■•'xliihit B. With City ap|iioval, the amount of the L(X' may be reduced from time to time as substantial elements of the improvements are completer.' and approved by the C'ity Imgincer, but in no case shall the L(X ' be reduced to a point less than 1 0% oftheonginal amount until all improvements arc complete and accepted by the City. The letter of ciedit shall expire no .sooner than one year after the completion date .specified in Section 7 above, to allow for at least one fretv.e-thaw cycle for parking lot .settlement. .Security to ensure .survival of land.scaping vegetatiou .shall be retained for eighteen (18) months after planting. Fees and Expenses. I hc I )cvclopcr agrees to pay all ('ity f ees required per the current ( .'ity Fee Sche<hde and tin ther agrees to completely reimburse the City for all the variable additional expcn.ses it incurs in regard to the review. inspecti»)n and appurval of the Impnrvements including, but not limited to, direct ('ity payroll and overhead, co.sts, and fees paid to consultants and other profc.ssionals, which arc not covered by City application fees. Notice. I<et|uired notices to the Developer and Owner shall be in writing, and shall be cither hand deli vei cd to the I )evelo|KT, Ihc (7wner, their employiTs or agents, or mailed to tlic Developer and Owner by registereil mail at the following addresses; Developer:Owner: Noticc.s to the ('ity .shall be in writing and .shall be either hand dcliveretl to the City Administrator, or mailed to the City by ieg'.stercd mail in care of the City Admini.strator at the fitllowing mlilress: Orono City Offices, 2750 Kelley Paikway, I’.O. Uox 66. Cry.stal Hay, Minnesota 55.123. Telephone (d52) 249 4600. AF-5 r 11. Additional Conditions. A. The development shall comply with the Landscape Plan per Sheet L2.1 dated 3/9/05 prcparctl by Liindfomi, Inc. The vegetative screening on the berm between the building and the City of Orono Public Works site consists of primarily coni ferous species with some deciduous tr--cs intennixed. This screening is partially the responsibility of the Developer and partially the responsibility of the Owner. Developer and Owner shall coordinate planting schedules to ensure the earliest possible establishment of plantings in this area, which is intended to become a visual barrier to the Public Works site. Tlicse plantings shall be completed by October 1, 2005. All plantings shall occur within the Property boundaries. Security for landscaping will be incorporatal in the IxttcrofCrcdil required herein. B. Turning radiuses of fire apparatus access roads shall be designed subject to approval of the City liiiginecr and Fire Marshal. C. Fire lanes will be marked with the appropriate street .signage and yellow curbing. Fire Maiahal will detennine fire lanes upon review of plans aiui final access routes and at that point determine exact placement of signs and yellow curbing. D. Premises and unit identi fication will be reviewed by the City and established prior to constnict ion. Any pennanent site identi fication signage shall require prior City approval. E. The lowest floor elevation of the building shall be no lower than 1020.00'. F. G. II. J, S‘onn sewer fad lities which lie outside of public riglU-of-way shall be privately owned and maintained by the Developer, the Owner, or their successors. All sanitary sewer and water ccnncction lines within the Property shall be owned and maintained by the Developer and Owner upon completion. No site Work or construction shall commence until the Developer has paid the Park Dedication Fees. Stomi Water and Drainage Trunk Fees, and Sewer and Water Connection I'ees as established in Re.solution No._____. The MCES Sewer Availability Charges (SAC) arc the responsibility of the Dcvelojxrr and shall l>e paiil to the City at the time of building pennit issuance for tiansfer to MCES. The Developer shall be responsible for the installation of street lights along the private driveway and parking lot. 'I he Develojicr and City staff shall work together to prepare a lighting plan to be incorporated ir.lo the construction plans. The Developer shallprovideacopyofthccoveniuits for review and approval by theCity. aiui said covenants shall be filed at tlie County witli tl. inal plat documents. AF-6 I r K. 'Flic Dcvdo|)crshall be rcs|X)nsiblcforobtainingthcneccssjuyjxjnnifs from the regulatory agencies such as the Minnesota Department of Health, MCBS, Watershed District, Minnesota DNR, Mi»CA and MnDOT. L Tlie Developer shall report to the Ci'y lingineer the location ofanydrain tiles found during constructioti. The Developer will comply with the City Engineer's direction as far as abandonment or relocation of the drain tile. M. The Developer shall develop a sediment and erosion control plan and shall obtain the necessary permits from the Minnehaha Creek Watershed District prior to commencing construction. Erosion control fencing will be required around the wetlands. Wood fiber blankets shall be utili/.cd on all slopes in excess of 3:1. N. The Developer .shall develop a sediment and erosion control plan and shall obtain the ncces.saryNI’DES Pluuse II Construction Site permit prior to commencing con.struction. Erosion control fencing will be requiied around the wetlands Wood liber blankets shall be utilized on all slopes in excess ol 3:1. O. If material is imported or exported from the site, the De\ eloper shall provide the City with a detailed haul route for review and approval. If the material is to he imported or exported to/from another site in Oroiu), it should be noted that those other parcels wili be required to obtain a land alteration pennit, and potcniially a (xmditional Use Permit, from the City. P. Developer .shall obtain a ('onstniction Ea.sement from Owner for constniclionofCascdae I>ane and associated utilities within Outlet Ci, S TONEHAY. Q. Quality Assurance. Hie developer sliall cooperate w-*’ the City’s Huililing ai id Zoning staff to ensure quality workmanship and materials arc used in the construction of the building. Prior to commencement of construction, thef’ity’s Building and Zoning staf (and the Developer will tievelop a .set ofslandards regarding the level ofqualily ofworkman.ship and materials, 'riie.se .stiuidards will be ha.sed on industry standards, manuf acturers installation instnictions, and other relevant criteria. Issues lelateif to quality of workman.vlup aiuEor materials, which arise during construction, will be addres.sed based on these quality standards. Ifthe is^ueis not cicarlyaddresscd by the quality standards, it .shall be resolved through a Quality Ass .ranee Committee, with representatives from the City and the Developer. 12. Cciicnil Conditiuiis. 'I'he general conditions of this Contract, approvetl by the City Council on ______200.S arc attached as Exhibit "A" and incorporated herein. if AP-7 r L IN WITNESS WHEREOF, the City, tlie Developer, and the Owner have caused (his agreement to be duly executed on tlie day and year first above written. .1 CITY OF ORONO By: (Mayor) By: (City Clerk) DEVELOPER - ZB Construction, Inc. By: Its: OWNER - John Terrance Homes, LLC By: Its: Reviewed for Administration: Date:By: (Planning Director) By:. This instniineni was dratkd by: City ol'Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay. MN 55.156 (City Administrator) AP-8 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnun<*nt was acknowledged before me on this__day of_2005 by Barbara A. Petersoi;, Mayor of the vJitvofOrono, a Minnesota muiticipal corporation and said instrument was executed on behalf of the Cit>. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of 2005 by Linda S. Vee, City Clerk ofthc City of Orono, a Minnesota municipal corpomtion and said instrument was executed on behalf of tlic City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this___day of _.. 20. ncrso.ially appeared before me, _ who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affinnation of crciiibic witness ..a and who cxecu.cd the foregoing instrument, and acknowledged that hc/she/they executed the same as 'lis/her/their free act and deed. Notary Public AP-9 i STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20. personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of whose identity I proved on the oatli/affi Tintion of credible witness .,a and who executed the foregoing instrument, and acknowledged that hc/shc/tl.ey executed the same as his/her/their free act and H Notary Public 1^” Iv AP-10 CITY OrORONO DKVKI^OI'IVIKN r CON IRAC: r (Developer Installed Improvements) RXIIIRIT "A” CT’.NRRAI. CONDITIONS 1. Right to Proceed. Within the Property, the Developer may not grade or otherwise <lisiiirh thccjirth, remove trees, construct sewer lines, water lines, streets, utilities, public or pi i vale improvements, or any buildings until all the rollowingcondilions have been satisfied: I) this agreement has been fully executed by both parties and filed with the (’ity Clerk, 2) the necessary security and fees have been leteived by the City, 3) the plat has been recorded with the lleunei)in(’ounly Reeouler'sOlTice, and 4) the City |{ngineer has issued a letter that the fuicgoing conditions have been satisfied, and then the Developer may proceed. 2. ITfi'cl orSiibdivisioii Approval. For two (2) years from the dale of this Contract, no amendments to the (tity's Compiehensivc Plan or official controls .shall apply to or affect the u.se, development density, lot si/e, lot layout or dedications of the approved plat unless rc(|uired by .state or federal law or agreed to in writing, by the ('ity and the 1 )cvcloper. Therealler, notwithstanding ;inything in this ('oniract to the contrary, to the full extent pennitted by state law tlie City may retju ire compli.Tnce with any junendmeuls to the City's (’omprehensive Plan, official controls, plaltingonledicalion rei|uiremeuls enacted aller the date of this Contract. 3. Improvements. The improvements spccifieil in the Special Prov isions of this Contract shall l)c installed in aca»rdancc with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional cng.ineer furnished to the ('ity and approved by llief'ily Fngmeci llie I )eveloper shall obtain all necessary permits from the Melropt>lilan ('oiincil Fiiviionmental Services, the Minnehaha (Yeek Watershed Di.slrict, and olhei |ieitincnl agencies before pioceedmg with coii.stiiiction fhe ('ity will, at the Devchipei's expen.se, have one oi moie construction in.spcctors and a .soil engineer in.spect the work on a full or part-time basis. The 1 )eveloper shall also provide a (|ualilicd iirspcctor to pcrfomi site in.spcctionson a ilaily basis. inspecturi|uahficattons shall In- sulrmilted m writing, to the (’ity l•nglneel flic I )eve!o|xi shall lastnict its pmjirt enginiXT/inspix tor to le.spond to i|ue.stions from the (’ity In.spectoi(s) and l»> make periodic site visits to .satisfy that the con.stiuction IS being pel foimed t«> an.icceptable level of(|uaiitymacc«'itlancc with the engineer's design. I'hcDeveloperoi his engineer.sh.ill.schedule a pi ecuii.siructioii meeting.it a mutually agree.ible time at the City ('ouncil chambers with all parties concerned, including the (’ity start, to review the pi ogiam li*i the construction work. Within sixty ((>0)days after the completion ofthe utility imptovcmcnts.uul base course pavement and before the security is leleascil, the IX;vclo|Kt shall supply the (’ity with the following: (I tacoinjilctcset «>f rcpioducible Mylai as built plans, (2) iwo complete full si/e sets ofblue line .is built (K’-l plans and two sols of reduced I T’x 17” as-built plans, (3) two complete sets of utility connection tic sheets, (4) location ol buried fabric used lor soil stabilization, and (5) location stationing and swing tics ofall i tility connection lines and cleanouts.. 4. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. I. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 5. RightofEntry. Tlie Developer hereby grants the City, its agents, employees, olTiccrs and contractors the riglit to enter l!ic Property to perfomi all work and inspections deemed appropriate by tbe City in conjunction with Property development, including but not limited to constructing or completing any and ail of the agreed upon Improvements should the Developer not complete tliosc Improvements by the date specified herein. 6. Site Erosioo Control. Prior to any rough grading, prior to utility construction, and prior to issuance of building permits:, the Developer shall obtain the necessiuy erosion control pennit from the Minnehaha Creek Watershed District, and the approved erosion control plan. Plan B, shall be implemented, inspected, anc. approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessai"y for seed retention. The parties recognize that time is oflhe essence in controlling erosion. If the Developer does not comply witli the erosion control plan and schetiule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed actioi i, but failure of the City to do so will not affect the Developer ’s and City's riglits or obligations hereunder. No development will be allowed and no building pennits will be issued unless the Property is in full compliance with the erosion control requirements. Erosion control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in Uie opinion ofthe City, there is no longer a need for erosion control, the City will authori/e the removal of the erosion control, i.c. hay bales and silt fence. 1 he Developer shall remove and dispose of the erosion control measures. The Tetter of Credit required by this Agreement shall include coverage for erosion control. 7. Clean up. Tlie Developer shall maintain a neat and orderly work site and sliall daily clean, on and offsite, dirt and debris, including blowables, from streets ami the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 8. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City ofthe work and construction required by this Contract, any improvements lying within public easements shall become Cityproperty. After complctionofthe improvements, arcprescntativcoftlic contractor, and a representative ol the Developer ’s engineer will make a final inspection ofthe work with GC-2 tlic City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Devciojrcr and his engineer shall .submit a written statement to the City Engineer certi fying that the project has been completed in accordance with the approved plans and sped fications. The appropriate contnictor waivers shall also be provided. Final acceptance of the public improvements, if any, shall be by City Council resolution. 9. I .and.scupiiig. Landscaping shall be installed in accordance with Plan D. Trees wliich can cau.se a public nuisance, such as cotton protiucing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half(2'/j) inches caliper, either bare root in season, or balled and burlaj)|)cd. 'I'hc trees may nut be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion control plan. Plan U, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the fonn ofcash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the ceili ficate ofoccupancy i.ssued, except thatifthcccilificatcofuccupancy is issued between October 1 through May 1 these conditions must be complied witli by the following July 1 st. Upon expiration of the time period, inspections wil I be conductedbyCitystaffto verify satisfactorycomplctionofallcondition.s. CitystalTwill conduct inspections of incomplete items with a$5().(X) iaspection fee deducted from the escrow fund for each inspection. Afler satisfactory iirspection, the financial guarantee shall be returned. If the requirements are not .satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to ('ity Code Section 20-94 or to satisfy any other requirements of this Contract or of City ordinances, riicsc requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 1 0. Warruiily. 'fhe Developer warrants all work retjuired to be performetl by it against poor material and faulty workmanship for a period of two (2) years alter its completion and acceptance by the City. All trees, grass, and sod shall be warranted to be alive, ofgooil ipiality, and di.sease free at the time of planting. All landscape plantings shall be warranted for eighteen (1 8) months from the time of fonnal acceptance by the Chty. 'fhe I )evelo|ier or his contractoi (s) shall post a letter of credit or olhci security acceptable to the City to .secure the warranties at the time of final acceptance 11 . Maintenance. 'I’hc Developer .shall l)c re.s|K>nsible for maintenance of all privately ownerl Improvements including roads, sidewalks, and storm sewers, regardless whether casements for such improvements have been granted to the ('ity. Devclopcrshallpcnnancntlymaintain site lighting, signage and land.scapingconsistent with the approved Plans for said impn'vements. I )eveloper shall l)eres|X)nsible Ibrmainten.urce of all.sewer and water lines that aredefineii as “connections" as indicated on the approval Utility Plan. I)cvclopcrshallbere.spon.sible Ibr ensuring that the appearance and design ofthebuililing are maintained per the approved building and constmetion plan, and shall l>e lesponsible for eiiMiriiig that the site amenities and features as shown on the approved site plan arc maintaincil per .said plan. GC-3 12. Responsibility for Costs. Tlic Developer shall reimburse the City for all costs incurred by the City for providing construction inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. The Developer shall reimburse the City for costs incurred in the cnfoivement of tliis Contract, including engineering and attorneys' fees. Tlic Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Ifthe bills are not paid on time, theCity may halt all Property development work and construction, until thebillsarepaid in full. Hills not paid within thirty(30) days shall accrue interest at tlie rate of 8% per year. 13. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction wHh the overall development improvements. The.se services shall be provided in accordance with each of the respective franchise agreements held with the City. 14. Developer Kepreseiitatioiis and Covcfiaiit.s. 'fhe Developer hereby makes the following representations and covenants: The Developer has the legal authority and power to enter into this Agreement. Upon request, the Developer shall furnish the City with evidence satisfaetory to theCity that it has the authority of the fee owners and eontract for deed purehasers to enter into this Agreement. (b) The Developer rea.sonably expects to obtain financiai i esourccs sufficient to enable the completion of the Improvements. The Developer will construct, operate and maintain the Improvements in accordance with the tenns of this Agreement and all local, state and federal laws and regulations, and wi II construct or pay the costs of construction of any site improvements, utilities, landscaping, stomiwater management facilities, roads, parking facilities which are necessary in coiuiection with the con.struction of such improvements. At such time or times as may be required by law, the Developer will have complied with all local, state and federal etivironmental reviews, licenses, and will be in eompliance with aii iu|uirements, laws, ordinances and regulations of federal, stale, and local authorities, including but not limited to: 1. CityofOrono; 2. State of Minnesota, its agencies, departments and commi.ssions; 3. United States Army Coips of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. (e) Tlic Developer will obtain, in a timely manner, all ra|uiiul ixiniils, liceirses ami approvals. GC-4 and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations which must be obtained or met before the Improvements maybe constructed. (0 It is intended and agreed that the covenants provided in this Section sliall be covenants rutining with the land not the Owner or Developer. 1 5. City Representations and Covenants. 1'he City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authori/ed by law to enter into this Agrecinent and to cany out its obligations hereunder. (b) Tlie City will, in a timely manner, subject to all itotidcation ru|uireinents, review and act upon submittals and application oftlie Developer and will cooperate with the efTort of the Developer to secure the granting ofanypennit, license, or other approval required to construct and operate the impmvements; providal, however, that nothing contained in tliis subparagra|)h shall heconstnied to limit in any way the reasonable and legitimate exercise of the City ’s di.scretion in considering any submittal or <ipplicution. (c) The Property is zoned for purposes which include the Development as proposed, fhe City has issued all necessary coimnercial site plan review approvals for tlic proposed development on the property. 16. Developer's Default. Default by the Developer oriuiyoftbelemisofthisaigreement shall automatically result in the suspension orwithhuldingofallpennits, licen.ses,occupiuicycei1incutesurotber authorizations issued by the City in connection with the Property. In tlie event of default by the Developer as to any of the work to be perfoi ined by it hereunder, the City may, at its option, perform the work and the Developer .shall promptly reimbur.se the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not le.ss than four (4) days in ailvance. ThisC^ontract is a liccn.se for the City to act, and it shall not be necessary for the C’ity to .seek a Court order for iiemii.ssion to enter the huid. When theCity docs any such work, thef’ity may, in adilition to its other lemedies, a.s.scss the cost in whole or in part. The remctlies afforded to the City under tliis .Section shall be in addition to any other remeilies to which the ( hty may be entitled by law or other agreement. Default by the City shall entitle the I)evelo|KT to.seek injunctivc/maiulatoiy relief Ibrougb the courts, together with other relicfas the law may piovide. 1 7. < 'omplhincc. At any time and Irom time to time the Developer may request that the ('ity provide the I )evelo|)er a cetli ficale certifying that that the temis and provisions ofthis Agreement have beai complied with and that this PI II) Agreement is in lull force and elTect with respect to the development for tbepuiiHi.seoffacilitatmg.sale. mortgage, insurance oi other malteis. To the extent that there lie any Ixma lidc defaults in such compliance, the Developer shall be afforded a rea.sonablc time to bring the development into conformance, and thcrcancr the City shall be obligated to provide such certificate CC-5 1 8. Binding Effect. The terms and provisions hereorshall be binding upon and inure to the benefit ofthe heirs, representatives, successors and assigns of tlic parties Iicrclo and sliall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. Tliis agreement at the option ofthe City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. 19. Incorporation by Reference. All plans, s|xx:ial provisions, proposals, specifications and contracts for Uie Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 20. Disclaimer by City. It is understood and agreed that tlie City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developeror Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or cliaracter, arising out ofor by reason ofthe execution of this agreement or the perfomiance and completion ofthe Improvements. Third parties shall have no recourse against the City under this Contract. Tlie City is not a guarantorofthe Developer’s obligations under this Contract. The City shall have no responsibility or liability to dwelling unit purchasers orotlicrs for tlie City’s failure to enforce this Contract or for allowing deviations from it. 21. Hold Harmless and Indemnification. Tlie Developer shall indemnify and hold hamiless the City, theCity Council, and the agents and employees ofthe City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees ofthe City may sufler or for which it may be held liable, arising out of or resulting from tlie assertion against them of any claims, debts or obligations in consequence ofthe performance of this agreement by the Developer, its employees, agents or sub-contractors, whether or not caused in part by a party indemni fied hereunder. 22. Controlling Agreement. To the extent that there is any difTerence or ambiguity between this Planned Unit Development Agreement and other agreements between tlie City and tlie Developer, this Planned Unit Development Agreement shall control. 23. Severability. Ifany portion, section, suh.section, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision .shall not afTect the validity of the remaining portion of diis Contract. 24. Waivers/Amendmenis. The action oi inaction ofthe City .shall not constitutea waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by tlic parties and approved by written resolution of tlie City Council, llie City’s fai lure to promptly take legal action to enforce this Contract shall not be a waiver or release. 25. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has comjileled the work required of it under this Contract, at the Developer’s request the City will issue a Certificalc of Compliance.. GC-6 26. Assigaability. Hie Developer may not assign tiiis Contract witliout tlie written permission oftlie City Council. Hie Developer ’sobligationhcrcundcrshall continue in full force and elTect even ifthe Developer sells the entire plat, or any part of it. 27. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporaryjob site offices shall be approved by the City Engineer as apart of the pre-construction meeting for installation of public iniprovcments. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service . The Developer shall provide for the maintcnunceofpostui service in accordance with the local Postmaster's request. C. Insurance. Developer shall take out and maintain until six (6) montlis after the City has accepted the public improvements, public liability and property damage insurance covering personal injuiy, incl iding death, and claims for property damage which may aii.seoutof Developer ’s work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $ 1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $ 1,000,000 or more. Tlie City shall be named as an additional insured on tlic policy, and tlie Developer shall file with the City a certi ficate evidencing coverage prior to the City signing tlie plat. Tlie certi ficate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. D. Construction Hours . Construction hours shall be from 7:00 a.m. to 8:00 p.m. on weekdays, and from 8:00 a.m. to 8:00 p.m. on weekends and holidays per the provisions of Orono Municipal Code Section 58-121. Under emergency conditions, this limitation maybe waived by the consent of the City Administrator. Any approved work perfonned after dark shall be adequately illuminated. n. Noise Amplification . The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices ispiohibited in conjunction with the conslniction ofbuildings and the improvements required under this contract. F. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the stonn sewer .system (including ponds, pipes, catch basins, culverts and swales) within the Projierty. G. Soil Conditions . 'fhe Developer acknowltxlges that the City makes no re|ii esentations or warranties as to the condition ot the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use vjf such property. I'he Developer fiii ther agrees that it will indemnify, defend, and hold hannicss the City, its governing body GC-7 members, oflicers, and employees from any claims or actions arising out of the presence, ifany, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. H. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost ofcorrecting any unsuitable soil conditions which may exist On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soi Is report from aqualifiedsoils engineer shall be provided before tlie City issues a building permit for the lot. On lots with fi II material tliat have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. I< Construction Plans. In conjunction with application forbuildingpcm)it,tiicdcvdopcr shall provide the City with three complete sets of full-size construction plans and four sets of 1 l”x 17” reduced construction plan sets and three sets of specifications. <!• Certi ficate of Occupancy. ACertificateofOccupancyforthebuildingwillbeissued to the Developer only upon completion and City acceptance of all improvements required by this Agreement, except that upon approval of the City Engineer and Planning Director, a Certificate of Occupancy may be issued subject to completion of landscape plantings. 1t ! GC-8 EXHIBIT ”B” TO DEVELOPMENT CONTRACT (SITE IMPROVEMENT COST ES TIMA'I E) GC-9 City of Orono Stonebay Lofts Plat No. 05-3081 Site Improvemont Cost Estirrate Item Unit Mobilization Sito Grading Concrete Curb and Gutter Bituminous Pavement Concrete Sidewalk 6" DIP, Cl. 52 8“ PVC Watermain 6" Gale Valve and Box 0" Gate Valve and E »x Hydrant Connect to Existing Watermain 12" RCP 15"RCP Catch Basin Catch Basin Manhole Connect to Existing Catch Basin Manhole 6" PVC. SDR 35 Sanitary Connect to Existing Sanitai y Sower Rock Retaining Wail Sod with Topsoil and Fertilizer Restoration including trees Silt Fence Est Quantity Unit Price Est. Cost LS LS LF SY GF LF LF EA EA EA EA LF LF EA EA EA LF EA SF SY IS LF 1 1 785 1,110 1,660 25 110 2 1 2 1 43 115 1 3 1 60 1 335 2,400 1 800 $5,000 30,000 10 22 3 22 22 600 800 1,500 1.000 25 30 1,200 1,500 500 27 1,000 30 3 39,530 3 $5,000 30,000 7,850 24,420 4,980 550 2,420 1,200 800 3.000 1.000 1,075 3,450 1,200 4.500 500 1.350 1.000 10.050 7,200 39.530 2,400 Estimated Construction Cost +50% Security Deposit Total Security Deposit Required $153,475 $76,738 $230,213 City of Orono Stonobay Lofts Plat No. 05-3081 OH Sito Improvement Cost Estimate (Street to Turn Around) Horn Est. Unit___Quantity Unit Price Est. Cost Mobilization Conaoto Curb and Gutter Bituminous Pavemeiil Silt Fence LS LF SY LF 1 315 450 100 $1,000 10 22 3 $1,000 3.150 9,900 300 Estimated Construction Cost ♦ 50% Security Deposit Total Security Deposit Required $14,350 $7,175 $21,525 DATE: March 9,2005 ITEM NO: REQUEST FOR COUNCII. ACTION MAH 1 4 2005 Cl I y OF ORONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Navarre Fire RescM Vehicle Change Order No. 2, and Final Payment The rescue vehicle for the Navarre Fire Station is now complete, and has been delivered. As part of the final stage of the manufacturing process, several items were revised. The CAPS foam system originally planned for the truck was too large for the space available. A smaller CAPS system, with the same capabilities and capacity, was installed. The cost of this system was $2,500 less than the original system. This savings was offset by Change Order No.2, in the amount of $2,245, which related to adding shelves to the additional space that was made available by the switch to the smaller CAPS system. An initial payment of 90% of the cost of the vehicle was made at the time the vehicle was ordered. The remaining balance due as the final payment is $16,633.00. It is recommended Change Order No. 2 and the final payment be approved at this time. COUNCIL ACTION REQUESTED Motion to approve Change Order No. 2 for the Navarre Fire Rescue Vehicle, in the amount of $2,245.00, and to approve the final payment to Rescue Vehicles of Iowa, in the amount of $16,633, with a budget adjustment in the Improvement and Equipment Outlay Fund to reflect the expenditure. Rescue Vehicles of Iowa, Inc 909 So East Street P.O. Box 151 Rock Rapids, lA 51246 712-472-4725 712-472-4727 fax Invoice No. 14 INVOICE Customer Name C[ty of Orono, MN and the Long Lake, MN Fire Dept. Address 2750 Kelley Parkway City Orono State MN ZlP 55356 Phone 952-292-6802 Date Order No. Salesman 3/11/2005 R0502-14 P. Spano Qty 1 ■ -1 -1 1 1 Descrif>ti<m 2005 Ford F-550,4x4 Rescue Vehicle Vin #1FDAF57P25EB71115 Body Serial # RR0502-14 Prepayment @ contract signing - ck. # 79415 10/8/04 Foam system changed to Trimax Change order« 1 dated 12/28/04 Change order # 2 dated 1/25/05 Approved by.Date Please sign and return original with payment. Keep copy for your records. Unit Price $143,781 00 $129,40300 $2,500.00 $2,510.00 $2,245.00 TOTAL $143,781.00 Payment Details SubTotal ® Due upon delivery O Due 10 days after invoice date O TOTAL Office Use Only Please make check payable to Rescue Vehicles of Iowa, Inc. THANK YOU! ($129,403 00) ($2,500.00) $2,510.00 $2,245.00 $16,633 00 $16,633 00 I ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Dale: 03/14/05 Item No: MAR I 4 2005 Cl rv UK OHO.VU Department Approval Administrator Reviewed: Name: Title: Kurt Frickson Sergeant Agenda Section: Item Description: Authorize Payment and Set Up for New Squad Cars Exhibits: None DISCUSSION: At the October 11,2004 council meeting the City Council authorized the sending ofletters of intent to purchase replacement squad cars. These letters were sent in order to secure 2004 pricing and meet the manufacturers order cut-off dates. Those cars have now been delivered and the police department would like council authorization to make payment for them and proceed with setting tliem up for police use by installing the needed equipment such as emergency lighting and radios. Two of the cars were purchased from Hinckley Chevrolet. These are Chevrolet Impalus. They are unmarked police cars replacing the current unmarked squad cars. The cost of these two cars is $37,126.10 ($18,563.05 each). The other car is from Superior Ford. It is a standard Crown Victoria black and white patrol car. The cost of this car is $22,584.00. This car is replacing a cun ent full marked squad car. The cost to set up the new unmarked cars is $2,431 each and the cost to set up tlie new marked car is $4,800. 'fhe set up will be done by Strcichers Emergency Vehicle Services (EVS). EVS has done good work for us in the past. EVS is also including a five year wananty at no additional cost. 1 here will be other incidental costs such as tear down of the old cars, unexpected repairs to transferred equipment, etc, that are not currently known. These costs will be with EVS. It is expected the incidental and unknown cost at this point would not exceed $1,000. The total EiVS package should not exceed $10,662. The total cost of purchase and set up should not exceed $70,372.10. This is under the 2005 budgeted amount, fherc was a cost savings by buying intermediate sized cars for unmarked use versus buying the full size car for patrol use. COUNCI I, ACTION REOUKS I KDi A motion to approve the purchase ai d authorize payment to; Hinckley Chevrolet, in the amount of $37,126.10 for two unmarked 2005 Chevrolet Impala squad cars; to Superior Ford, in the amount of $22,584.00 for one marked Ford Crown Victoria squad car; to EVS, in an amount not to exceed $ 10,662 for the set up of new squad cars, tear down of old squad cars, and incidental repairs to equipment being reused. REQUEST FOR COUNCIL ACTION MAR 1 4 2005 Ci IY OF CRONO DATE: February 5,2G04 ITEM NO: Department Approval: Name Lin Vee Tllle City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Coui^ Appraval TEMPORARY ON-SAI.E LIQUOR LICENSE 1.Orono Rotary Minnetonka Center for the Arts 2240 North Shore Drive Saturday, April 23,2005 Please sec the attached request from the Orono Rotary Club to waive the city fee of $25.00 for the On-Sale Temporary Liquor License. SPECIAL EVENT 2. Applicant: Event: Location: Date: Time: Peter Erpcnbach Fred Kurz Memorial 10 Mile Run Luce Line Trail starting at the Wayzata Middle School - approximately 4.5 miles out and back. Saturday, April 9,2005 8:30 a m. - 11:30 a.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. Motion to waive the city fee of $25.00 for the On-Sale Temporaiy Liquor License granted to the Orono Rotary Club. i'agc 1 ot 1 LinVee From: CManoles@aol.com Sent: Thursday. March 10. 2005 12:17 PM To: Lin Vee Cc: kbaldry@ingfp.com ; Stephany Good Subject: Orono Rotary Club Dear Lin, On behalf of the Orono Rotary Club, I am reque.sting that the city waive the $25 fee imposed to secure a temporary on-sale liquor license for our April 23,2005, silent auction fumlraiser. Due to the fact that this event will raise funds used to support local youth and community programs, I am hoping that the city will look kindly at this request. Wo have no paid staff members in our club of 35 members. Wc are a group of local residents and workers looking to make our community as terrific as po.ssible. We take to heart the Rotary motto: Service Above Self. You may let me at tliis email address how the city council responds to this request. Or if more convenient, my phone is 952-476-1551. Many thanks for this consideration. Sincerely, Chiysanne Manoles Past President Orono Rotary Club 3/10/2005 r i I Minnesota Department of Public Salcly Alcohol and (iambliti}' Finforccinent Division 444 Cedar St-Siiitc 133 St. Paul. MN 55101-5133 (651 )2%-6439 Tl )D (651 )2H2-6555 APPLICATION AND PERMIT FOR A I KMPORARV ON-SALE LIQUOR LICENSE TYI’n OR PRINT INFORMATION NAMF OF OROANI/AtlON /€c/COTAvZ .sTRi;irrAi)i)Rii.s.s ' . ^^*kr^/iTo»j0j ^co NAMF.OF.PHR.SON MAKINaAPPI.ICATION U/i'nis LigOoB wiu. hf: solo INO Ml l)k WIL ON OnOROAN^'I I()mJl l-l(:F;R ORtlANIZATRJN OM K I-R-S NAME DA I F. OKOANIZFL) ^//y/ 7<^/ TAX f;xf ;mit numuhr CITY STAIF ,ZIPCODIi 5XA5?' HDSINFLSS PIIONH (9zJh *f7C. /ssr/ iiomf; piionf ; ( ) typf : of oroani /aiion L UT3JHI ICHARnAHLF: □RHLIOIOUS I 10TIIF.R NONPRC )FTI NATION OM K I-R-S NAN ()R( tANIMI K^.OI-VICIiR’S NAMH SM- AOORHSS /*/7^ /^jk^ AZfOtyjsr^ AOORF^SS^ // ✓ ' '/ Ixicatinn whcic litni.sc will he ii.srd If nn outdoor nren, describe -rr.^9/ ' Will (lie ejiplicnni rnunw i lot inloxicflemg liquor Krivicrj? If so, givfl Uic luuiic mtU udilicis of the Iic|uoi licenwe piovuling (he srrvict 7^ Will (he npplirnni enrry liquor li.ihility instiranre'' II.no . thc^mcr’s name nmJ umuiiul ol tovef.u^ (NOTF.: liiMiiiiiii r isnol m.iii.la(niy ) /^P/J/r/'ijt APPROVAI. Airi l( A IK »N^ IS I UK AITKC »VHl IIV (TIV OK < (It WrV DEK( IKK SUBMlTnN(; TO AMOIIOI. S CAMBI.ING l-USK >l(( l-.MI N r ai Y/rOlINTY Ot0>^0 . _ DATI-Al'I-KOVI-.l) (Tl Y I I I-; AMI )lIN I , 0 O ___ LU liNSF. 0ATI-:S _ . _ ____] 0ATI-: n:i-PAID ____ ____ sKsNAiimi cn V(11RK cmcuuki y ufhcial AITROVI 1) AIioIniI A Ciaiiihliny' I nltwii'fiirni Null*: Do IM»I M fiufulr llirk.- loo p«il«. wiiil liolli |iiirl\ to Ihr ttdilrrx^ nhinr und Ihr mlgin^t vlgrod tn llii\ diibitin oMI fir trfuf Itrij u) (hr Ikrii^r. Submit lu Ihr liti to ( minit ul Irust UJ dii«% tu lmr Ihr r%rnl rs UMU71 if*mi state of Minnesota County of Hennepin City of Orono License No: Amount: 2005-10 $25.00 Upon investigation and satisfactory evidence of the qualification of the licensee, this license is granted and pursuant to application and payment of fee thereof, and is subject to all the provisions and conditions of the laws of the United States, the laws of the State of Minnesota, the regulations and ordinances of the City of Orono, and the rules and regulations of the Liquor Control Commissioner, pertaining to such; and subject to revocation according to law for violation thereof. This license is not transferable except by consent of the Issuing authority. Granted To: Business Name: Business Address: Commencing: Terminating: Business Description: Orono Rotary Minnetonka Center for the Arts 2240 North Shore Drive Aprii 23. 2005 April 23. 2005 Fundraiser-Silent Auction Issued by authority of the City Council of the City of Orono, Minnesota on: March 14. 2005 Barbara A. Peterson, Mayor Attest: Linda S. Vee, City Clerk ■t ‘ *'^’1' ' rTempctrary On $9|e Muorlic^n^ ■WWMl ■ f;^<;:-200 5-l(?-;:H! Orono Rotary 2240 North Shore Drive The following conditions have been placed on this license:O.'4> 1. Any alcohol purchased at the site must be consumed on site. 2. Alcohol sales are to be restricted to persons 21 years or older. Encourage an "ID under 35 ” policy. 3. No sales to intoxicated persons. 4. Non-alcoholic beverages must also be available and food of some type. 5. The name of the responsible person for the control of the event must be provided to the Orono Police Department with contact phone if problems occur. 6. The Orono Police Department may revoke the licence at any time for any violations. \ n*- T- • f'f. F CITY OF ORONO CP SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: March 14, 2005 Saturday, April 9,2005 8:30 a.m. - 11:30 a m. Name ofPerson(s) And/or Organization Sponsoring this Event: Peter Erpenbach Minnesota Distance Running Association 5701 Nomiandale Boulevard Edina, MN 55424 Phone: 952-927-0983 Location of Event: Luce Line Trail starting at the Wayzata Middle School to Luce Line Trail approximately 4.5 miles out and back. Type of Event:Fred Kurz Memorial 10 Mile Run The rollowing documents are required and on file at the City Administrative Offlees: • Certificate of General Liability Insurance • Approval from Orono Police Department The following conditions have been placed on this event: • Applicant must provide enough volunteers to direct ruiuiers/traflic at intersection roads along tlic race route. • Permit required from DNR for use of Luce Line Trail. • Applicant must provide first aid to the rutuiers. • By acceptance of this special event penuit, the pemut holder, on behalf of any and all orgaiuTations and private persons granted authority to operate under the special event permit, agrees to indenmify and hold harmless the City of Orono from all clauns arising from said event. The pemut holder, all organizations and private persons exercising authority under this pennit, do waive and release all claims against the City of Oiuno, its oflicers or employees for any damage to person or property arising from the exercise of privileges granted by this pemut and agrees to hold harmless the City of Orono, its employees and oITicers from any such claim. • llie Orono Police Department and its officers are cmpoweied to revoke this .special event pemiit at any tune for any safety concerns tliat aic not immediately icsolved by the pemut holder or a representative of the pemiit bolder, litis revocation shall cause the immediate cancellation of the event originally authorized by this permit. Approved at CHy Council meeting on: March 14,2005 (Cily Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55.123 Phone: 952-249-4600 /Fax: 952-249-4616 /wwwci.oiononin us CITY OF ORONO check register 03AJ2/05 7 23 AM PaotJ 1 • • I *1 g CI mcI i Numb«r Employe* Mem* 004110 MCXMISE, HONALO J. 004120 SILUS, BAHOARA G. 004121 VLE.IINDAS. 004122 KUEHN.TtiOMASM. 004123 OLSON, RONALD J. 004124 PEnil.SANOKAK. 004125 ANDERSON, BRUCE L. 004126 nonZILN, SUE A. 004127 DORIS, SCOTT W. 004128 BUDIG, STACIE M. 004120 CORNICK, JAMES L. 004130 DAY, SUSAN J 004131 DEMBOUSKI, JAYC 004132 FISCHER, CHRISTOPHER K. 004133 GOOO,S1EPHANYR. 004134 MCNICHOLS, DAVID L. 004135 RUSSCTH, KYI r M. 0041 36 SCHOENI lOFF, JOL1N B. 004137 STEN8RUU, CHAD R. 004138 TOEWE, KIMBERLY D 00413B TOMCHECK. LAWRENCE F. 004140 1 0MC7YK,MARK W, 004141 WHITE, ANTHONY J 004142 WITTKE, ANTHONY A. 004143 KLISZCZ,DAVIDA 004144 PHARO, CHRISTOPHER M 004145 CURTIS, NCLANIE 004148 OAFFRON, MICHAEL P 004147 GAPPA, GREGORY A. 004148 GUNDLACH, JANICE J 004149 MEYER, WILLIAM C. 004150 OMAN, I Yl EE 004151 OEBAERE,tK)NALUL 004152 HANSEN, STEVEN 004 1 'i3 OUERAIGNER, SCOT TO. 0041')4 OBRIEN, RANDY L 0041 ‘jb PALMER, GREGORY A 004150 RATHBUN, BARRY J 054873 DOIMiE, RACHEL M. 054874 LCSKINEN, DENISE M. 054875 iiOli/ll N. SUE A 054870 BORIS. SCDII W 054877 ERICKSON, KURT R 054876 FARNIOK, CORREY I , 054870 FISCHENICH, DAN T 054880 M7LDSON, ADRILNNI M 054881 M( :NICH01 S. DAVID I 054882 MOROWC/YNSKI. JAMI S 054083 PERSELl, Will I7VM R 054884 TOMCHTCK, I AWRI NCE F. 054685 OAFFRON, MICHTUX P, OM880 OMAN.LYIEE. 054687 VANG, BRliCl L. 0M888 GRt GORY. JAMI S D. 054880 HANSIN. STI VEN 054800 OBRIEN, RANDY L 054891 PALMER, (VTEGORY A. 054802 RAThOUN, BARRY J 054803 SKREEN, DALE S Pay Period 5 S 5 5 5 S 5 9 5 5 5 5 5 5 5 5 9 5 5 5 5 5 5 6 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 6 5 5 5 5 5 5 Check Check Amount Dale Chock Status $2,572.00 3/272005 Outstanding $544.70 3T272005 Oulsl.mdlng $1,110.43 3/272005 Oulstanding $ 1,400.18 :i72r2005 Outsfrindlno $1,23 1.13 3/2/2005 OutsUindlng $ 1,005 99 3/2/2005 Oulstanding $1,587.43 3/2/2005 Outstanding $830 00 3/2/2005 Oulstanding $20 00 :V2/2005 Oulstanding $849 06 3/2/2005 Oulstanding $1,821.90 .V2/2005 Oulstanding $1,308.92 372/2005 Outstanding $1,747.40 .V2/2005 Oulstanding $1,852.55 3/2/2005 Oulstanding $2,020 22 3/2/2005 Oulstanding $1,100 00 3T2r2005 Outstanding $1,555 07 3T2r2005 Oulstanding $1,748 28 3/2/2005 Oulstanding $1,282. 70 3/2/2005 Outstanding $1.235 10 3/2/2005 Outstanding $900 00 3/2T2005 OulsLinding $1,409 00 372r2005 Outstanding $1,292.22 3/2/2005 Oulstandlnu $1,542 08 3/2/2005 Oulstanding $350.91 3/2/2005 Oulstanding $886 10 :V2r2005 OutstandUig $1.183 05 :V2/2005 Outstanding $125 00 3/2/2005 Oulstanding $1,704.20 .3/2/2005 Oulslundlng $1,302 57 3/2/2005 Oulstamiing $501 29 .V2r2005 Oiitntamllng $1,400 00 3/2/2005 Oulstanding $1,233 12 .VZrzoOS Oulstanding $875.00 3T2/2005 Oulstanding $1.504 14 V2/2005 Outstanding $5fi0 00 3/2/2005 Oulstandlt)g $400 00 3T2/2005 Oulstanding $200 00 ;i/2/2005 OtiIsLindIno $1,089 89 3/2/2005 Oulstanding $9J9 00 .VZrzooS Oulstanding $t03.78 3/2/2005 Oulstandwig $ 1,830 08 3/2/2005 Oulsl.indtng $ 1.649 15 3/2/2005 OulsIunditH) $ 1,02 7 24 3/2/2005 Oulstat idiiig $1,010 18 ;i/2/2005 OulHliindmg $090 03 3/2/2005 Oulstanding $738 53 3/2/2(K)5 Oulskinding $1,750 03 3/2/2005 Oulstanding $358 27 3/2/2005 Oulskinding $552 15 3/2/2005 Oulstandiim $1,440 97 372/2005 Oulstanding $350 78 ^i/2/2005 OulstaiMtmg $1,385 08 ;i72r2005 Outstanding $1,098 42 ;l/2/2005 Oulstanding $022 10 3/272005 Outstanding $009 26 .V2/2005 Oulstamiing $909.51 3/2/2005 Oulstanding $ 1.393 81 :V272005 Outstanding $t,132 29 3/2/2005 Oulstanding I 4 2005 Cl IV Oh OHOMO CITY OF ORONO check register 03/02A3S 7:23 AM Page 2 Chock Numbor Employoo Nomo Pay Period Chock Amount Chock Date Chock Status 054094 ROSS. JOHN A. 054805 STEFFENHAGEN. RONALD 5 5 17875 $1,409.23 3/2/2005 Oulslanding 3/2/2005 Outstanding $68,634.17 '■ir' - ■ 1 k CITY OF ORONO 03/02/05 7 22 AM Page 1 Check Detail Register® MARCH 2005 Check Amt Invoice Comment 10100 Primary Cash Paw Chki 080395....3/2/2005 FIRST NATIONAL BANK OF LAKES G 101-21701 Federal Withholding $10.255 08 Q 101-21703 FICA Tax WithhoWing $4,651 24 G 101-21703 FICA Tax WHhhoWing $4,65124 Total FIRST NATIONAL BANK OF LAKES $19,557 56 FEDFRAl- W/H FICA & MEDICARE W/H FICA & MEOCR CITY SHARE 7 Paid Chk# 080396 3/2/2005 ICMA RETIREMENT TRUST • 457 G 101-21705 Other Retirement $1.038 62 Total ICMA RETIREMENT TRUST - 457 $ 1.038 62 Paid ChidH’ 080397 ^2005 ^LAW ENFORCMENT LABOR SERVICE " 0101-21707 UnlonDues $000 Total LAW ENFORCMENT LABOR SERVICE $0 00 pWChkV 080398" ~ 3/2/2005 ^ MN DEPT OF REVENUE ................. ^ 0 101-21702 State WithhoWing $4.359 51 Total MN DEPT OF REVENUE $4.359 51 P“aW Chki 080399 Si^^OOS mV s TATE MTIREMENt SYSTEM G 101-21718 Post Employment Health $316 75 Tout MN STATE RETIREMENT SYSTEM $316 75 PaW Chki 0^00 "^3A2>2005 NATIONWIDE RETIREMENT SOLUT^^^ G 101-21705 Other Retirement $2.022 00 G 101-21705 Other Retirement $7 54 Tout NATIONWIDE RETIREMENT SOLUTION $2.029 54 DFFLRRED COMP-302030 UNION DUES #40 & #166 STATE TAX W/H post retirement USCM - ENTITY 2339 ODRA #2343 Paid Chki 686401 3/2/2005 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705 Other Retirement $3.002 68 Total ORCHARD TRUST CO. TRUSTEE/CUST $3,002 68 MN STATE RETIREMENT PaW Chki 060402 3/2/2005 PUBLIC EMPLOYEES RETIREMENT G 101-21704 PERA $7.477 00 G 101 21704 PERA $5,768 39 Total PUBLIC EMPLOYEES RETIREMENT $13,245 3^ PERA CITY SHARE PERA EMPLOYEE W/H Paid Chki 080403 3/2/2005 ’ UNITED WAY G 101 21708 United Way $86 00 CHARITY DONATIONS Total UNITED WAY $86 00 10100 Primary Cash $43.636 05 Fund Summary 101 GENERAL FUND 10100 Primary Cash $43,636 05 $43.636 05 CITY OF ORONO 03/10/0S6:4BAM Page 1 check register ciMck Pay Chack Chack Numbtf Employoo Namo Parlod Amount Data Chack Status 054902 PETERSON. BARBARA 3 $32322 3/14/2005 Outstanding 054903 MCMILLAN. ELIZABETH T.3 $269.36 3/14/2005 Outetanding 054904 MOORSE. RONALD J.3 $369.40 3/14/2005 Outstanding 054905 SANSEVERE. ROBERT K 3 $269.36 3/14/2005 Outstanding 054906 MURPHY. JAMES L.3 $269.36 3/14/2005 Outstanding 054907 WHITE. JAMES M.3 $269 36 $1,770.06 3/14/2005 Outotanding ( A - i • ■■ « i CITY OF ORONO Check Detail Register® 03/11/05 11 27 AM Page 1 MARCH 2006 Check Amt Invoice Comment 10100 Primary Cash Paid Chk« 000405 3/14r2005 ACCURINT E 101-42110 311 Data Processing Communication Total ACCURINT $30 00 129/291 $30 00 February 2005 Paid Chk« 000406 3/14/2005 ANDERSON. KRISTI E 101 45200 319 Other Professional Services E 101 41300 319 Other ProfessiorMil Services Total ANDERSON, KRISTI $145 00 3/7/05 $210 00 3/7/05 $35500 Pork Minutes 3/7/05 CC Minutes 2/28/05 PaklChkll 0604U7 3/14/2005 E 10M3290 800 Special Protects. Contingency Total APPLIED ECOLOOICAL SERVICES APPLIED ECOLOOICAL SERVICES $1.198 73 10560 $1.198 73 Murgt Oasis PaidChke 060408 3/14/2005 ARAMARK REFRESHMENT SERVICES E 101-41900 201 Office supplies $117 91 6013 4 56286 E 101-42110 201 Office supplies E 101-41900 201 Office supplies Tout ARAMARK REFRESHMENT SERVICES $172 91 6013-456287 $110 43 6013 456288 $401 25 Coffee Coffee Coffee Paid Chk# 080409 3/14/2005 AUTOMATIC SYSTEMS CO. E 601 49400 403 Repairs/Maint Misc Equip 1 602-49450 403 Repairs/Mslnt Misc Equip Total AUTOMATIC SYSTEMS CO. $291 00 16616 $291 00 16618 $582 00 Check SCADA Check SCADA Paid Clik# 080410 3/14/2005 BFt OF MINNESOTA, INC r IOt-47760 404 Ropairs/Maint Bldgs/Ground* Total BFI OF MINNESOTA, INC SS6 16 134/(>32 $56 18 Solid Waste - Nav 1- ire ^aid Chk« 060411 3/14/2005 BIFFS INC. r 101 45200 415 Other Equipment Rentals Total BIFFS INC. $66 41 W746709 $66 41 Portable • Bodorwood PakJ Chk« 080412 3/14/2005 BUDGET PRINTING tool 49400322 Postage 1 101 42110 201 Office supplies 1 101 42110 322 Postage Total BUDGET PRINTING $6 45 30/7 $185 13 3167 $8 42 3351 $702 00 Shipping Charges Receipt Books Shipping Chaiges I’aidChk# 060413 3/14/700S CARQUESf (: 101 43000 777 Vehicle t'qulpntant & Malts Total CARUUr.ST $39 41 49501 $39 41 Matoyon Hutb MmdCliiuT 0B0414 3/14/7C05 CECE'S SIGNS r 101 43000 407 Repaifs/Malnl Auto 1 quip Total CECE'S SIGNS $90 00 7097 $110 00 Vehicle Graphics PaidChki 080415 3/14/2005 CENTERPOINf ENERGY F 001 49400 381 Gas & 1 Inctric 1 10142260 :181 Gas 8 1 lectrlc E 101 41900 381 Gas&lleciMc 1 602 49450 381 C»a% 8 I leciric E 602 49450 361 Gas 8 Eiociric E 101 42110-381 Gas 8 Lkidric E 601 49400 381 Gas 8 Electric E 613 49830-381 Gii 8 Electric $221 11 06000(3/50(K)0 Gas Service $502 20 06000(3/50600 Gas Service $ 1.326 62 060006750600 Gas Service $67 73 060006/50600 Gas Service $663 33 060006750600 Gas Service $401 22 060006750600 Cat Service $1,290 19 060006750600 Gas Service $769 37 060006750600 Gas Service CITY OF ORONO Check Detail Register® 03/11/05 11 27 AM Page 2 MARCH 2005 Check Amt Invoice Comment E 10141900 381 Gas & Electric $600 37 Total CENTERPOINT ENERGY $5.448 14 • I •3750600 Gas Service PaidChk# 080416 3/14/2005 CHAMPION AUTO STORES E 101-43000-222 Vehicle Equipment & Parts ToUl CHAMPION AUTO STORES $27.68 0304552 $27 68' LED Stop Kit Paid Chk« 080417 3/14/2005 CHUNKS LAKESHORE AUTO E 10M2110402 Repairs/Maint-Auto Equip $35 42 E 101-42110-402 Repairs/Maint-Auto Equip $35 42 E 101-42110-402 Repairs/Maint-Auto Equip $34.84 E 101-42110-402 Repairs/Maint-Auto Equip $14 08 E 101-42110-402 Repairs/Maint-Auto Equip $108 42 E 101 42110-402 Kepairs/Maint Auto Equip $617 62 E 101-42110-402 Repairs/Maint-Auto Equip $17145 E 101-42110-402 Repairs/Maint-Auto Equip $122 99 E 101-42110-402 Repairs/Maint Auto Equip $1,430 77 E 101-42110-402 Repairs/Maint Auto Equip _ $792 66 Total CHUNKS LAKESHORE AUTO $3.363 67 26602 26605 26613 26625 26638 26655 26659 26688 26692 26705 Oil Change - #199 Oil Change-#193 Spotlight Bulb • #200 Tire Repair - #198 Oil. Windshield - #201 Alternator #198 Oil, Oifforenlial. Tire - #200 Thermostat #198 Oil. Control Arms. Fuel Filter Axle. Brakes #197 Paid Chk# 080418 3/14/2005 CLASSIFIEDS E 602-49450-340 General Advertising E 601-49400-340 General Advertising E 231-45650-319 Other Professional Services Total CLASSIFIEDS $222 20 937 $222 20 937 $3570 937 $480.10 Adv for Emp - Main! Worker Adv for Emp - Main! Worker 96 Chevy Blazer Paid Chk# 080419 3/14/2005 COMMISSIONER OF TRANSPORTATION E 234-45680-412 Building Rentals $1.200 00 213L277255H Lurton lease • 2/19 - 3/19 Total COMMISSIONER OF TRANSPORTATION $1.200 00 Paid Chk# 080420 3/14/2005 CONNELLY INDUSTRIAL ELEC. E 602-49450-406 Repairs/Maint Swr lines/tifts $846 83 8182 Total CONNELLY INDUSTRIAL ELEC. $846 83 Repairs • GS #9 Paid Chk# 080421 3/14/2005 CONSTRUCTION BULLETIN E 101-41900-352 Printing & Publishing E 101-41900-352 Printing & Publishing Total CONSTRUCTION BULLETIN $56 56 2819257 $5656 2823131 $113 12 2005 Materiais Bid 2005 Matorfafs Bid Paid Chk# 080422 3/14/2005 COVERALL OF THE TWIN CITIES E 101-41900 407 JanHorial Services $1.504 85 94062 E 101-42110-407 Janitorial Services $1,139 55 94062 Total COVERALL OF THE TWIN CITIES $2,644 40 Janitorial - 3/2005 Janitorial - 3/2005 Paid Chk# 060423 3/14/2005 DC A - WIRE ONLY G 101-21719 OCA/SpendIng Accounts Total DCA-WIRE ONLY Paid'ChlS“080424' E 602-49450 437 Training & Development Total DEBAERE.OON $280 54 3/10/05 $280 54 FSA 3/10/05 $21 37 2/24/05 $21 37 Mtlage/Parking Trade Show Paid Chk# 080425 3/14/2005 DEPT OF ADM • INTERTECH GROUP E 101-42110 311 Data Processing Communication $37 00 DV05010291 Total DEPT Of ADM • INTERTECH GROUP $37 00 ?a5dChldr080426 3/74/2005 DEPuWREGISTRifR “ PVC Circuit 1/2005 fc-1 CITY OF ORONO *Check Detail Register® 03/11/05 11 27 AM Page 3 MARCH 2006 Check Amt Invoice Comment E 101 42110 441 licenses A Taxes Total DEPUTY REGISTRAR 113 50 3/4/05 113 50 Register Sqd 205 Pald'^Chk# 080427 3/14/2005 *E^2fRECYCLING E 101 43770 316 Contract Recycling Pickup Total E Z RECYCLING $6,78406 7/51 $6.784 96 Recycling • 3/2005 Paid ChK« 080478 3/14/7005 EARL F. ANDERSON A ASSOC. E 101 43000-224 Slreet Maint Materiats/Supply $783 68 64512 Tout EARL F. ANDERSON A ASSOC. $783 68 Troffic Signs, Cones Paid Chk« 080420 3/14/2005 ELECTRIC PUMP E 602 49450 406 Ropairs/Maint Swr lines/ims $325 05 28094 Total ELECTRIC PUMP $325 05 'l^aid ChKi 0804^ VWTim ELECTmIc RESOURCE CONTRACTORS E 101 41000 404 Repaifs/Mamt-Bldgi/Grounds $626 01 43632 E 602 49450 406 Repairs/MainI Swr lines/ims $158 00 51332 Total ELECTRIC RESOURCE CONTRACTORS $784 01 Chock/Ropair IS 10 A 13 Replace Ballasts IS ilO Repairs >aid Chk« 080431 3/14/2005 EMERGENCY MEDICAL PRODUCTS, IN 1: 101 42260 221 Equipment Parts A Accessories $137 90 668678 Airway Kit Total EMERGENCY MEDICAL PRODUCTS. IN $137 90 >akJChkJ 680437 S/TSTtOoS ENGINEERING REPRO SYSTEMS 1* 007 49450 443 Repairs/Mainl lAI Reduction Total ENGINEERING REPRO SYSTEMS $9.14 Plan Copy Paid Chki 080433 3/14/7005 ERICKSON. KURT E 101 47110 43/ Tralnlftg A Development Total ERICKSON. KURT $63 80 022805 $63 80 Meats - Use of rorco T mg Paid Clikl 080434 3/14/2005 EXPRESS MESSENGER E 101 41900 322 Postage Total EXPRESS MESSENGER $34 32 8-343224 $34 32 Dettvofy to Hlnshnw Paid ChU U64^5 1/14/2005 FACILITECH E 101 47200 404 Repairs/Maint Mklgs/Orounds Total tACILITECH $928 38 59386 $92636 Water Heater Repair PoidCirkd 660436 3/14/2005 FIT TEST INC O 101 702(H) Accounts PayaIHe total IIT1LSTINC $210 00 290 $21000 FH Test - Navarre FF PuKiClik# 06043/ 3/14/2005 GAK SERVICES r, 602 20200 Accounts Payable (; fi13 202(X) Accounts Payable Glut 20200 Accounts Payable O G01 20200 Accounts Payable 0 10120200 Accounts Payable E 101 43000 226 Clothing A personal equipment F 80? 494 V) 226 Clolhing A personal equipment r 101 43000 221 I qulpmenl Parts A Accessories I. 601 49400 226 Clothing A personal equifirnenl E 613 49830 270 Clothing A personal equipment L 101 47200 404 Repairs/Mainl Hidgs/Gruunds E 013 49830 226 Clothing A persona ’ equipment $37 20 1006284708 Unlfurmi $6 02 1006204706 Uniforms $74 57 1006264/06 tiniforms $1242 1006264/08 Uniforms $206 92 1(){Hi324942 Mat Service Nnv 1 ire $7/96 tOO<KU9292 Unifurms $39 00 1006349292 Uniforms $5/09 1J06349292 Shop Toweli $1300 1006349292 Umfutms $0 02 1000349292 Uniforms $206 97 1006350739 Mat Servtrn Nav 1 ire $602 1006368572 Uniforms r CITY OF ORONO *Check Detail Register® 03/11/Ob 11 27 AM Page 4 MARCH 2006 Check Amt Invoice Comment E 101 43000 226 E 601 49400 226 E 602 49450 226 E 602 49450 226 E 613 49830 226 E 601 49400 226 E 101 43000 226 E 101 43000-221 E 601 49400 226 E 602 49450 226 E 101 41900 404 E 613 49830 226 E 101 43000 726 Clothing & personal equipment Ck)thlf>o & personal equipment Clothing & personal equipment Clothing & personal oqutpmoni Clothing A personal equipment (Clothing A personal equipment Clothing A personal equipment l.quipmont Parts A Accessories Clothing A personal equipment Clothing A personal equipment RepairsyMalntBldgs/Grounds Clothing A personal equipment Clothing A personal equipment Total OAKSERVICES $/4 57 10063685/2 Uniforms $12 42 10063685/2 Uniforms $3/26 10063685/2 Uniforms $39 00 10063/5028 Uniforms $6 02 10063/5028 Uniforms $13 00 10063/5026 Uniforms $7803 1006375028 Uniforms $57 89 1006375028 Shop Towefs $1368 1006381411 Uniforms $41 04 1006381411 Uniforms $96 96 1006381411 Mat Service $1) 0?1006381411 Uniforms $87 04 $1,303 13 1CH)(i381411 Uniforms Paid Chk« 080438 3/14/2005 OAPPA. GREG 0 101 ■20200 Account* Psyabln ToUl OAPPA.GHEO $12025 $120 25 3/W05 Mile.'ige/Parkiny Paid Chili 0B0439 3/14/?o65 GENUINE PARTS CO. E 101 42110-223Dtdg/Grounds Maint Supplies $78 03 8??320 Poiice Drams E 101 43000 222 Vehicle Equipment A Paris $1893 622819 Nut. Stud t: 101 43000 22?Vehicle Enuipment A Paris $12 7/622634 Supplies - TfK427 E 101 43000 222 Vehicle Eqiil|)monl A Parts $1899 823096 Parts - Tfk 474 E 101 43000 221 I quipmoni Parts A Accessories $11 78 823096 Cables E 101 42110-221 Equipment Parts A Accossories $459/823100 Supplies E 101 43000-222Vehicle Equipment A Paris $2/ 18 823488 Wiper Blade E 101 43000 222 Vehicle Equipment A Paris $56 13 823/13 Hai Bulb. lor'S E 101 43000 221 Equlpmenl Parts A Accessories $7 32 823836 Buft} V 101 43000 277 Vehicle EquirHnonl A Parts $27 32 623906 Supplies • Trk 476 E 101 43000 222 Vehicle Equipment A Paris $16401624196 Attematof - i 4?e t: 101 43000 227 Vehicle Lquifimenl A Paris $34 40 824371 Air Enter. Castml Total GENUINE PARTS CO.$447 33 *i’uidfchKll 08M40 3/14/;>005 GOPHER STATE ONE-CALL n 00? 494f>0 489 Other Misf^illanoous Charges $110 77 &010GS3 Locates 1/2005 L 001 49400-489Other Miscellaneous Charges $110 78 S0106S3 Locales ir20J5 Total GOPHER STATE ONE CALL $221 55 'iu'idChiiJ 080441 3/t4/?00S GRAND VIEW LODGE 1- 101 4?110 43T 1 taiimig & Devolopmcnl $19f 00 wtiito Lodging - CAN AM ToUl GRAND VIEW LODGE $191 00 Paid ChM 0HO442 3/14/2005 HANSEN, STEVEN C. E 602 494*)0 43/ Irairung A Oevelopmenl ToUl HANSEN. STEVEN C. $17 3/ 2/2BA)5 $1737 MilcaQQ/Parking Trade Show Paid Chili 080443 3/t4r2005 Ml NNI PIN COUNTY INTOR TECH UPT E 101 42110 414 H)P/Conwnunications Equip Rent $1.5/0 05 2502B029 L 602 4945041b Other Equipment Rentals $53 49 25020066 Total HENNEPIN COUNTY INEOR TECH DPT $1.623 54 Radio Lease I »W Radios Paid ChMI 080444 3/14/2005 HENNEPIN COUNTY TREASURER JAIL i: 101 41600 309 JailChaiges $/33 50 606 ToUl HENNEPIN COUNTY TREASURER^AIL $/33 50 Rm & Board - 1/2005 r. 101-0000 v?i L'gulpment Pails & Auenssonos Total INTERSTATE OATTERIES 1250 65 1259.65 1001647!Baliorios I'aWChhl* OHOOe 3/14/ZOOfj J MARC FRITZI tH 1 101-42110 228 Ttuiniriy Supplies Tout J. MARC FRITZLER $71 35 $71 35 5//20^($un Cloamny Supplins f*aTd Chii 0H0449 3/14.'2(k)5 JOHNSON, RICK £ 101 42110 317 Animal Cure Total JOHNSON, RICK TKi'iOO $1(i5(X) :i/2/05 Omn OiRposol Paid Chki (1H0450 3/14/2005 KENNETH N. POT IS, PA E 101 41600-30C Legal Piusoculluri Total KENNETH N. POTTS, PA $2,500 00 $2,500 00 3/1/U5 MfoseuitionB - 7/2(K)5 *»flklChk# 0H04M inAfVOOf} lOOIS E 101 42110 310 LUGIS Appliciitlons $I.1»5H00 2490/Pollco Mwr.ordB - 1/05 E 101 41000 329 Olhfir (U>iiunurucation9 $321 50 2490/Inltirnnl 1/05 r- 101 42110 329 Otfior CornfnuMicuUunt $321 50 2490/intoinot 1/05 F. 101 41000 311 Data PruceBfting CuriHiiuniciitlul)$31 00 24907 Henn Cly Connoctiun F 101 42110 ;ito 1 CKilS Applicntlons $2,407 00 74945 2005 Syslom Dev Police Rucoids F 101 42110 401 Mopairt/Maint Officn ( qutp $050 00 74967 2005 Network WultncsB E 101 41900 401 MnpaifB/MHinl Offu.o 1 quip $050 00 2496/2005 Network Wollness E 101-41900 401 NapiiiMi/Muinl OffM:i91 (|uip $45 00 24999 1 Kchangn Issues F 101 41900 401 Kupauft/Maifit Offico I (imp $192 .35 25021 2005 WebBenco i; 101 41900 401 Ropulfi/MainI Officu I'quip $200 C9 25021 2005 Anttvifun 1 101 42110 401 RopalfiAMalnt Office ^(;u(p $200 09 25071 7005 Antivirus 1 101 42110 401 Mnpolfi/Miitnl ()ffica F quip total lOGIS $192 35 $7,170 08 25021 2005 WGbsonL4> CITY OF ORONO Check Detail Register© 03/11/05 11 27 AM Page 6 MARCH 2005 Check Amt Invoice Comment E 602-49450-321 Telephone E 601 •49400321 Telephone E 601 •40400-321 Telephone ToUl MCLEOD USA • PHONE BILLS $39.45 9025539 $42 95 9025539 $23 72 9025539 $873.19 Phone Service Phone Service Ph.cne Service PaidChk# 060456 3/14/2005 MET COUNCIL ENVIRONMENTAL SER G 101-20809 SAC Charges due to MWCC $4.593 00 1/2005 R 101-39610 Miscellaneous Revenue ($43 50) 1/2005 Total MET COUNCIL ENVIRONMENTAL SER $4.549 50 SAC 1/2005 SAC 1/2005 PaidChk# 080457 3/14/2005 MIDWEST FUELS E 101-43000-212 Motor Fuels & Lubricants O 101-14101 Gasoline Inventory Total MIDWEST FUELS $4.478 24 24807 $1,841 60 24807 $6,319 84 2512 9 Gals • Unleaded 1038 4 Gals - Diesel Paid Chk# 080458 3/14/2005 MINNEAPOLIS OXYGEN COMPANY E 101-42110-221 Equipment Parts & Accessories $22 72 RI02050835 Total MINNEAPOLIS OXYGEN COMPANY $22 72 Cylinde' Invoice PaidChk# 080459 3/14/2005 MINNESOTA CONWAY E 101-42110-403 Repairs/Maint Misc Equip ToUl MINNESOTA CONWAY $430 63 341005 $430 63 Recharge Fire Ext Paid Chk# 080460 3/14/2005 E 101-41900-352 Printing & Publishing Total MINNESOTA SUN PUBLICATIONS MINNESOTA SUN PUBLICATIONS $234.00 39494 $234 00 Adv for Emp - Septic Paid Chk# 060461 3/14/2005 MN CHIEFS OF POLICE (ETI) E 101 42110-437 Training & Development $75.00_ 3/9/05 ToUl MN CHIEFS OF POUCE (ETI) $75 00 2005 ETI • Cornick Paid Chk# 060462 3/14/2005 MN DEPT OF PUBLIC SAFETY E 101 42110-437 Training & Development ToUl MN DEPT OF PUBLIC SAFETY $45 00 2055177 $45 00 Intoxilzer • Fischer Paid Chk# 060463 3/14/2005 MORRIE8 FORD E 101-42110 402 RepaifsA^aint Auto Equip ToUl MORRIESFORD $155 10 338875 $155 10 Keys- PaidChk# 060464 3/14/2005 MSANI E 101-42110-433 Memberships & Subscriptions E 101-42110 437 Training & Development ToUl MSANI $25 00 White $50 00 White $75 00 MSANI 2005 Membersliip MSANI Conference - While PaidChk# 060465 3/14/2005 NAVARRE HARDWARE E 601-49400 227 Utility System Maird Supplies E 101 42110 221 Equipment Parts A Accessories E 101 42110 221 Equipment Parts A Accessories F 101-43000 222 Vehicle Equipment A Parts F 101 42110 221 Equipment Paris A Accessories Total NAVARRE HARDWARE $2 65 $12 54 $3 72 $3 39 $2 12 $24 42 147943 148311 148331 148418 146625 Seal Tape Cioaiiers Hooks Fibow Spray Paint 'Paid Chk# 060466 * 3/14/i^6 NCPERS CROUP LIFE INS U101-7I/10 Life Insurance Tout NCPERS GROUP LIFE INS $304 00 673230b $304 00 Pi KA I ife 3/2005 Paid Chk# 060467 3/14/2005 OFFICE DEPOT f CITY OF ORONO 03/11/05 11 27 AM Page 7 Check Detail Register® MARCH 2005 Check Amt Invoice Comment E 101-41900-201 Office supplies Total OFFICE DEPOT $5.86 276179016 Catander RefHI $5.66 Paid Chk# 080468 3/14/2005 PIRTEK E 101 -43000-22 • Equipment Parts & Accessories ToUl PIRTEK $94^48 PL26826 $94.48 Hose Paid Chk« 080469 3/14/2005 PRECISION BUSINESS SYSTEMS E 101-41900-201 Office supplies $105.91 078495 E 101-41900-401 Repairsffi^aint-Offi:e Equip Total PRECISION BUSINESS SYSTEMS $185.12 076495 Toner - Fax Drum - Fax $291 03 Paid Chk# 060470 3/14/2005 PRUDENTIAL LIFE INSURANCE G 101-15998 Non-Employee Health Ins $1.44 96234 G 101-21710 life Insurance G 101-21710 Life Insurance Total PRUDENTIAL LIFE INSURANCE $81.78 96234 $7j4.95 96234 $798.17 Life Insurance 3/2005 Life Insurance 3/2005 Life Insurance 3/2005 ^id Chk# 060471 3/14/2005 QWEST E 613-49830-321 Telephone ToUl QWEST $61.29 9524739904 $61.29 Phone Service • GC Paid Chk# 080472 3/14/2005 RESCUE VEHICLES OF IOWA E 227-45500-550 Automotive Equipment $16,633.00 14 Total RESCUE VEHICLES OF IOWA $16^33.00 Nav Rescue Veh - F.n^ Paid Chk# 080473 3/14/2005 RUPPERT APPRAISAL S CONSULT E 101-43290-800 Speaal Projects. Contingency 2/10/05 Appraisal-375 OCB Rd Total RUPPERT APPRAISAL & CONSULT $1.500 00 Paid Chk# 060474 3/14/2005 SAFETY SIGNS E 602-49450-415 Other Equipment Rentals E 101-43000-415 Other Equipment Rentals Total SAFETY SIGNS $161.56 50067 %2UM 50068 $396.18 Barricades Barricades Paid Chk# 080475 3/14/2005 SENIOR COMMUNITY SERVICES E 101-41800-490 Contributions to Civic Org's $4,270 00 3/1/5 Total SENIOR COMMUNITY SERVICES $4,270 00 2005 • 1st Qtr Sr Services Paid Chk# 080476 3/14/2005 SHRED IT E 101-41900-404 Mepairs/Maint Bldgs/Grounds ToUl SHRED IT $280 00 25 2960319 $200 00 Document Shredding Paid Chk# 080477 3/14/2005 SPEEDWAY SUPERAMERICA LLC E 101-43000-212 Motor Fuels 6 Lubricants $20 00 2/8/05 ToUl SPEEDWAY SUPERAMERICA LLC $20 00 Diesel Fuel - Pump Broke 3/14/2005 STAR TRIBUNEPaid Chk# 080478 E 101-41900-352 Printing & Publishing E 101-41900-201 Office supplies ToUl STAR TRIBUNE $682.60 12757006 $111 80 1913693 $79440 Adv for Emp • Septic Insp CH Newspaper Paid Chk# 080479 3/14/2005 STAR WEST E 101-43000-222 Vehicle Equipment & Parts ToUl STAR WEST $234 83 193561 $234.83^ Repairi - #712 Paid Chk# 080480 3/14/2005 8TEFFENHAGEN. RON CITY OF ORONO Check Detail Register© 03/11/0511 27 AM Page 8 MARCH 2005 Check Amt Invoice Comment L 613 49900 093 Concessions For Resele-Txbl Total STEFFENHAGEN. RON $12.78 2/1/05 $12.78~” Candy (or Resale PaidChk# 080481 3/14/2005 STREICHERS G 101-20200 Accounts Payable $5 27 1221593 Bat Inv il221593 G 101-20200 Accounts Payable $113 80 1224100 Shirts. Pants - Wh:«e G 101-20200 Accounts Payable $676.52 1226978 Uniforms - loewe G 101-20200 Accounts Payable $398 52 1226979 Uniforms - Toewe G 101-20200 Accounts Payable $117 04 1227408 Flashlight. Hotder - Tomtayk G 101-20200 Accounts Payable $19951228257 Gloves - Flfchnich E 101-42110-226 Clothing A personal equipment $129 95 123/18/Uniform Supplies - White E 101-42110-221 Equipment Parts A Accessortes $26 57 123718/Drug Tost Kit E 101-42110-226 Clothing A personal equrpment $179 95 1238641 Boots - Morowczynski E 101-42110-226 Clothing A personal equipment $129 95 1236804 Boots - Tomczyk E 101-42110-221 Equipment Parts A Accessories $199.47 1246214 Irritant Total STREICHERS $1.996 99 Paid Chk# 080482 3/14/7005 SUN NEWSPAPERS E 101-41900-352 Printing & Publishing Total SUN NEWSPAPERS $234 00 758109 $234 00 Adv for Employ - ISIS Paid Chk« 080483 3/14/2005 SUPERIOR FORD E 101-42110-550 Automotive Equipment Total SUPERIOR FORD $22.584 00 $22.584 00 17719 2005 Cr Victoria-#205 Paid Chki 080484 3/14/2005 T W TUPY INC. E 651-49910-227 Utility System Mamt Supplies Total T W TUPY INC. $8.613 49 $8613 49 22205 Rip Rap Paid Chki 080485 3/14/2005 TALLEN AND BAERTSCH' E 101-41600-306 Legal Prosecution ToUl TALLEN AND BAERTSGHI $302 69 9646 $30289" Prosecutions Paid Chki 080466 3/14/2005 THE HOME DEPOT E 613-49630-223 Bldg/Grounds Maint Supplies $49 27 2/3/05 Mats. Hard Hat Tout THE HOME DEPOT $49 27 Paid Chki 08040/ 3/14/2005 TKDA E 601-49400-405 Repairs/Maint-Watermains/plant ToUl TKDA $226 33 $226 33 200500/83 Leak t ocation Paid Chki 080488 3/14/2005 TOLL GAS ft WELDING SUPPLY E 101-43000 224 Street Main! Matenals/Supply Total TOLL GAS A WELDING SUPPLY $645 $6 45 466931 Cylinder Rental Paid Chki 080489 3/14/2005 TWIN CITY GARAGE DOOR CO. L 101 42110 404 RepaiisA4amt BklgsA^rounds $1/028 233102 Total TWIN CITY GARAGE DOOR CO. $1/0 28 PD Over (lead Door Paid Chki 080490 3/14/2005 UNIFORMS UNLIMITED L 101 42110 226 Clothing A personal equipment E 101-42110-226 Clothing A personal equipment E 101-42110 226 Clothing A personal equipment E 101-42110-226 Clothing A personal equrpment E 101 42110 226 Clothing A personal equipment E 101 42110-226 Clothing A personal equipment E 101 42110 221 Equipment Parts A Accessonet $240 95 112550 $146.98 $154.15 $21407 $160 15 $874 92 2535/5 254551 255107 255632 256000 256338 257186 Shtrl. Boots • Stensrud Boots - Ertckson Test Kill. Flex Cuffs Shirts • Tomczyk Badges Pants • Tomczyk Teser Suppiret iI I CITY OF ORONO 03/11/06 11 7/AM Pago 9 Check Detail Register® MARCH 200S Check Amt Invoice Comment E 101 42110 226 Clolhing & personal equipment Total UNIFORMS UNLIMITED 110570 25/922 $2.02442 Shirt. Pants - Cornick PaldChkf 080401 ~yun00b UNIVERSITY OF MINNESOTA E 101 41300 43/ Training A ITovolopment E 101-41300 43/ Troinif>g A Development E 101 41500 43/ Training A Development E 101 41300-43/ Training A Development E lot 41300-437 Training A Development Total UNIVERSITY OF MINNESOTA $65 00 Dodge $65.00 Leskinen $65 00 Pettit $65 00 Situs $65 00 Vee $32500 Municipals Spring Workshop Municipals Spring Workshop Municipals Spring Workshop Municipals Spring Workshop Municipals Spring Workshop 3/14/2005 VALLEY-RICH COPaidC^i 060402 E 601 40400 405 Repaifs/Maint-Watermalns/plant Total VALLEY-RICH CO $2.2/0 04 9169 $2.27004 Curb Stop • 1961 Fageness PakIChki 080493 3/14/2005 VERIZON WIRELESS E 101 41900 321 Telephone Total VERIZON WIRELESS Y'aici dhk* 0804M $117 SC $11766 3597133097 CoU Phones 3/14/2005 VIKING INDUSTRIAL CENTER E 607 49460 403 Ropalit/Malnt-Miftc Cquip $74 55 153797 Tout VIKING INDUSTRIAL CENTER $74 55 Lithium Datlory 'PaldClilif 060495 3Tl4/2005 VOLDEN E 6 OUCHARME G 101 70700 Accounlt Payable $1,150.00 SAC SAC Accepted In Error Total VOLDEN E & OUCHARME $1,150 00 PakJ Chh« 060496 3/14«005 WESTSIDE EQUIPMENT E 101 4.3000-403 RepaIrWMamiMme Equip Total WESTSIDE EQUIPMENT $164 37 $164 37 27687 No/xia • Diesel Pump 'Paidciike 0e049'7 3/W7005 W9HITE DEAR LAKE, CITY OF E 101 47110 43/ Tiaming A OevelopmenI $400 00 2005316 Veibal Judo • Russelh Total WWIIE DEAR LAKE, CITY OF $400 00 >alrt Y;iiki 060498 VI4/7006 WSO E 101 43290 600 Special l'io|ecl». Oonimuency Total WSB $3,140 00 $3.140 00 ilwy 12 Turnback 'Paid Clik« 060490 3/14/7006 XCEL ENERGY E 001 40400 361 Gat A I tactile E tot 47760 :i61 Gat A I loclilc Total Xet L ENERGY $7 06 $799.47 $306 47 61473/4775 Electiiciiy 5149I8IB39 Llectiidly PaidClik# 060600 3/I4T7005 YOUNG. JACKIE E 101 47400 319 Othoi Piiilai^kMial Smvir.e» I 101 413IM) 319 Ollmi Mniloislonal SoivHata total YOUNG, JACKIE $210 00 3/7/05 $776 00 3/7/05 $465 00 Planiiinu Minutea 7/72/05 CC Miiiutoa 2/14/05 Paid Chk# 060501 3/14/7005 ACCLAIM III NH ITS E 101 411K)0 469 (Mltm Mntcallanoout ChMiyet E tOI 4IIM)0 469 Olhai Mitcellaiiauui Ohuiue* Total ACCLAIM OCNEFITS $09 95 34B923 $100 00 34B924 $169 95 COORAAdm-2A)5 FSAAdm-2AJ5 10100 Primary Cash $130.237 90 CITY OF ORONO *Check Detail Register® 03/11/0!) 11 ?/AM Pago 10 MARCH 2006 Check Amt Invoice Comment Fund Summary 101 Gl Nl RAl r UNO 22? IMPR/bQUIP CAPITAL OUTLAY FUND 231 DRUOA FLONY FORFEITURE FUND 234 LURTON PARK 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOli COURSE 651 STORM WAfl RUIIlllY OP I UNO 10100 Primary CaTh 192.130 23 $16.63300 $35 70 $1.200 00 $4,780.00 $6.405 66 $43861 $8.61340 $130.237 00 r m . t INFORMATION ITEMS COUNCIL MEETING MrFTiNG [. 1 4 2005 OF Cl I y 01- OMONO (fovcriimciil I inancc OM'iccr^ A^socintinn 203 N LaSalle Slice! - Siiilc 2700 Chlcripi. IL 60601 ^^1 »• t I, ^•'•'"TIKJQ Phone (1121 977-97(K) I nx (1 1 2) 977.180(1 MAR 1 4 2005 Cl I y OK Ohu.’vo March 8,2005 I lie Hononible Matbara Peterson Mayor City of Orono P.O. Uox 66 Crystal Hay MN 55323-066 Dear Mayor Peterson' We are pleased lo iiotiry you that your coiiipielieusive aiimial liiiaucial icporl for the fiscal year ended lh‘eeiiilier Jl, 2003 qualifies for a Certificate of Achieveiiieiil lor fxcelleiice in financial Keporting. The Certificate of Achievcnient is the higliest form of recognition in govcrninentai accounting and financial reporting, and its attainment represents a significant uccoinplishmenl by a governnient and its inanageinenl The Certificate of Achievement plaque will be shipped to: ITiomas M. Kuehn Finance Director uiidei separate cover in alHiiit eight weeks. We Iio|k- that you will arraiige for a lornial piesentalion of the C'ertificale and Award of financial Kc|Mnling Achieveniciil, and that appropriate publicity will be given lo this nolable achicvenicni. To assist with this, enclosed arc a sample new release and the Certificate Program "Results" for reports with fiscal years ended during 2002 lepreseiiting the most lecenl statistics available. Wc hope that your example will encourage other government olficials in their efforts to achieve and maintain an apjiropiiatc standard of excellence in financial reporting. Sincerely, (iovernment finance ()l1icers Association Sicphen J. (ianihier, Diicclor I echnical Services Center SJU'ds /.F<;Govcmnicnl Finance Otlkers Association 203 N. LaSalle Street • Suite 2700 Chicago, IL 60601 Phone (312) 977-9700 Fax (312) 977-4806 03/08/2005 NRWS RF.LHASE For Information contact: Stephen Gauthier (312)977-9700 (Chicago)—The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Oronu by the Government Finatice Officers Association of the United States and Canada (GFOA) for it's comprehensive annual financial report (CAI R). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR, This has been presented to: Thomas M, Kuehn, Finance Director The CAF'K has been judged by an impartial panel to meet the high standards of tlic program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 15,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. A .IL____ Orono Police Department Memo mak I 4 200S OH T Uf UMUNU Tk Mr . M(K)fso From: Cliiof Gcxxi Date: Maidi 11.20(15 re: I lonncpln County Ordinanco #24 > Smoke Free Ordinance, INFO ONLY t^ennupin County passed Ordinanco tt2A - Smoke Free Ordintince, effective March 31, 2005, 12 01. Tho (|Oitl of ttio ordinance is to promote and protect Iho healtit of Hc*nnepln County residents and improve conditions so Urat people can be healthy. Driefly. tho ordinanco provides tfiat indoor areas of All Food Establishments are smoke free. The ordinanco excludes outdoor spaces, use of tobacco for religious rituals, guest rooms of hotels or motels, and tiouses of worstiip. It provKfes ttiat the owner/manager/person in ctiargo f)ost signs and ask indivKluals to slop smoking and if they do not, ask ttiem to lf?ave. In miillMiSf! tacililif's wtierr? f(Kxl or Ixiverage service is not ttio only business in Uio building (aifelenas in office building, bowling alleys, scK:ial clubs,) smoking is pormitled in non*fo<Kj areas it Itiey are separate from focKl areas, aruf prevent migration of smoke into lire f(MKJ arrja, and rnerjl MN Clrran Indrxx Arr Act re(|uir(»rnents Cities have ttiriKi optKHis pcjrtaining to itm enforcement of Ordinancrr #24. They may adopt a stricter city ordinance, enforce Itio ordinance, (k delegate enforcrxnent of tlie ordinance lo Hennepin County fleaiusu Orono does nut Irave a tiealth department, Orono lias already delegated public troallti Issues to Hennepin County and therefore wc recommend that Orono delegate ttre enforcement of Ordinanco #24 to tfio Hennepin County Hoaltti Department l Yocedurally, complaints of violations of Iho ordinance may bo reported to ttie County at 952.351 52(X), or by o-rnail PI)i:Cfwhllti{:fico hrjn t he County will do inspections as part of tho food liaxiso, or by complaint f irst offense will result in an order issued as part of ttio inspiK:tKwi report or a letter of notificalKKi/ccKrrM.tion df?livf*riHl to ttie person in charge by Hi!finf^()in County Heallti Departmirnt RejM?at offimses or flagrant disrerjjud to ttie cMdinance rf.Mjuirrrmenls will result in a citation to lire ownix, maruKjor, or pirrson m cJiargi*, arui are not intended for patrons f^ilrons that do not leave wtien askinl by ttie rnanagrrr, stiould tie escorted from llie liusiriess by [Milice for trespassing Furttier (rifcMc:enif!rit Actions liy ttie Hennepin Crxinty Health DeptirlnuMit may tie iinplcMiientcMl afUM warning letters ijnd citations tiave tx^en issufxi Ttiis ineJudes refusal by ttie iKXHisirig auttiurily to renew ttie loxise, or sus(xsid ttie fcxxl licensrr Civil rerncMfies Itirougti f lisinepin County attcxney's office may also be sought. Ordinance #24 riuiy be tiltp) //WWW CO f lei u lepln rnn us. viewed cxi Uie ffenriepin County Wtibsilo December 20,2004 (name) (title) (street) (city, MN zip) Dear I am writing to request your assistance in coordinating the implementation of Hennepin County ’s new Smoke*frec Ordinance H2A effective March 31,2005, in all licensed food establishments and bars within Hennepin County. I have enclosed a printed copy for your reference. This Ordinance is also .'ivailublc on the Hennepin County website at http://hennepin.us by clicking on “ordinances" in the lower right-hand box titled “reference”. If you wish to obtain additional printed copies, please call (952) 351-5200. Because Hennepin County licenses food cstablishnK*nts within yov«r cit), our .staff currently enforce both the .state ’s FimmI Code (MN Rules, Chapter 4626) as adopted in Hennepin County Ordinance W3 and the MN Clean Indoor Air Act (MN Rules, Chapter 4620). Hennepin County Ordinance 24 is an extension of the MN Clean Indoor Air Act for food establishments and Hennepin County ’s enforcement activities will be conducted: I) as part of a routine inspection and 2) in ies|Hinse to a complaint. In order to ensure compliance with the Ordinance and respond promptly to citizens, Hennepin County requests that your city staff: A. Forward all questions and complaints regarding smoke-free food establishment regulations to our office at (952) 351 -5200; and B. Inform your police department about the new regulations since their assistance may be required if a hostile situation arises from enforcement of this Ordinance. If your city adopts an ordinance us strict as I lennepin County Ordinance #24 by March 31,2005, please notify me with a letter signed by either your city nianager/administrator or mayor. Then your city staff would assuming all smoke-free enforcement activities associated with your ordinance. Please contact Lynn Moore with questions about this letter or Ordinance #24 at (952) 351-5215. Sincerely, Susan Palchick, Ph.D., MPH Hennepin County Public Health Protection Manager-Lpidemiology and Environmental Health Fmclosure: I lennepin County Ordinance #24 T/n* Mimn littlui ( ji'i'A onmiiiU’il hut Icitiicniiiinolc in pioh'itin^, impimviji, iWifiiuWti^\linsl!tw swlthc ii’ti/i‘13 ttihl iillilhthut ivuutn cs wtlltiti the Hi'hut, iiuttuiin^ tlinr ifttilioiishiiu to the 1*1 osvsh’iih of h7i /i Ii ihev» 01 con intcyjolfuiit, tinoiiyji icynlotioih copttol projCit^» cJucotwil cooperative endeavors, anj other pi oyionts based on sounds ictuc, mnovotivc tlunkoiy, on inlonncd and enyoyed lonooucncy, and the ioste/htnr nseo/publu Jnndy MinnrUha (Intnk I Wali;rsh(!d llivlriil Improving Quality of Water, Quality of Life liitiihlislwd ill l%7 IVIKIMOKANIHIM >^HCl£:|Ver) I FB 2 8 /on*) CITY OF ORONO DATi:.: K): l•c!)^^aly 25. 2005 Disliicl (’ifics/'I ownships Minnciipolis l*;iiks& Kecrcalion noaitl Hucc Rivers Parks Disliicl Hennepin ( onniy Carver Counly IROiVl: (’C: Michael W'yall, Planner/Pio^rani Manager Minnehaha Creek Walershed Disliicl Hoard of Managers Brie livenson, Disirici Adininisiralor Lake Minnelonka Consei valion Disliicl Metropolilan ( oiincil Melropolilan Walcrshetl Managcnienl Organi/alions Minnehaha C reek Watershed Disliicl (*ili/ens Advisory Coniinillee Hennepin C/onservalion Disli icl C*ai ver (\)unly Soil Sc Waler C’onsei valion District KB:Comprehensive Water Resources Management IMan Revisions - Waleished Advisory Group 'I he Minnehaha Creek Walersheil Disiriel (MCWD) is pleased to announce Ihc upcoming revision of its Compiehensive Water Resources Management Plan. 1 hesc revisions will conslilute Ihe third generation plan for MC'WD that will incorporate a numhei of recently completed sindies and serve to guide the acliviiies of MC 'WI) over Ihe ne\l ten year period. I he plan will include revised policies, goals, regulaloiy Rules, a ter*-ycar C'apital Improvements Program and contain pertiiiciU information legarding the management of water resources within Ihe District. MCAVl) will incorporate a “sulnvalershed management approach** in revision ol the plan, I his strategy involves the development of individual suhwatersheil plans which are designed to complement the overall goals and ohjectives of the District as a whole. In this sense, the overarching C ompiehensive Water Resources Management Plan comprises the collective nulividual suhwateished plans. Bor your reference, included with this memorandum are two maps a pi)litical boundary map and a suhwateished map. It IS the intent of MC'WD to develop the sulnvatershed plans and the subsequent Comprehensive Water Resources Management IMan utilizing a high level of stakeholder input. In leccnt years, MC'WD has successfully gathered invaluable citizen input through the completion of a number of studies and planning processes 18202 Minnetonka Boulevard. Deephaven Mirmesolj 55391 • Phone 95i 471 0590 • fax 952*471 0682 • www minwhaharrcfk org undertaken by the District. In development of the Comprehensive Water Resources Management Plan, MCWD is also soliciting volunteers and individuals appointed by municipalities and other local government agencies to serve in an advisory role to the District as it assembles and organi/es inronualion gathered through efrorts such as the Hydrologic Hydraulic and Pollutant Loading Study, the MCWD Stream Assessment, the Functional Assessment of Wetlands and others to synthcsi;.e strategics and program recommendation components of the Comprehensive Water Resources Management Plan. As a local government entity, MCWD invites you to appoint one individual (resident of MCWD) and one alternate to serve on this committee. Five meetings of the committee will be facilitated by a consultant hired by MCWD, held at night and take place over the course of approximately an eight- month period (ending by December 31,2005). Appointments by District Cities, Townships and local units of government will be accepted until April 4, 2005 with the first meeting expected to begin by the middle of that month. Please provide all necessary contact information to MCWD by that time (name, address, phone, e-mail). Please contact the MCWD offices at (952)471-0590 with questions or concerns. i i V MAR 1 4 2005 deceived CONDENSED MINUTES OF THE REGUT AR OF ORONO INDEPENDENT SCHOOL HELD ON FEBRUARY 14, 2005 RD OF EDua!rfo?i ^00^ 278 ‘^'Ty OF ORONO The regular meeting of the Board of Education of Orono Independent School District No. 278 was held on Monday, February 14, 2005. Present:Michele Kunz Jack Veach Karen Orcutt Mike Bash Dick Lewis Neal Lawson Martha Van de Ven John Malone Chair Veach stated that with the consent of the Board, Agenda Item F-1 would precede the Superintendent's Report, and item F-2 would be removed from the agenda and brought back as a future agenda item. UPON MOTION by Martha Van de Ven, seconded by Michele Kunz, the consent agenda was approved as follows: approved the minutes of January 24, 2005, regular meeting; approved the resignation of Patricia Shay, School Special Education teacher, effective of the 2004-05 school year; approved the resignation of Ann Simpkins, Orono High at the end Orono High the end of theSchool teacher on leave, effective at 2004- 05 school year; approved the request of Sara Engel, Orono High School teacP.er, for a mobility leave beginning with the 2005- 06 schoo1 yoar; approved the request of Pat Jones, Orono Middle School teacher, for a mobility leave beginning with the 2005- 06 school year; approved the request of Patricia Kullberg, Schumann Elementary teacher, for a mobility leave beginning with the 2005-06 school year; approved the request of Maria Nellis, Elementary teacher, for a leave of absence 2005- 06 school year; approved the request of Cindie Verville, Elementary teacher, for a leave of absence 2005-06 school year; approved the request of Cornelius (Bucky) Mieras, Orono Middle School teacher, for a continuation of his leave of absence for the 2005-06 school year; approved the request of Dr. Carl Snutts, Orono High School Principal, for a mobility leave beginning with the 2005-06 school year; approved the resignation of Ms. Veronica Cecil, Software Support Specialist, effective January 21, 2005; Schumann for the Schumann for the