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HomeMy WebLinkAbout05-23-2005 Council PacketI I : r rf'm' h r • 6H AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 23,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda itet^s are available in the Public Packet • located on the counter near the sign in sheet. ' '* ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approve/Amend PRESENTATION 2. Grant Acceptance - Representative of Center Point Energy APPOINTMENT 3. >^>point Representative to Lake Minnetonka Conservation District APPROVAL OF MINUTES * 4. Regular Council Meeting of May 9,2005 * 5. Reconvened Board of Appeal and Equalization Meeting of May 9,2005 PARK COMMISSION COMMENTS - Irene Silber, Representative PLANNING COMMISSION COMMENTS - Ralph Kempf, Representative PUBLIC COMMENTS - (Liiirit 5 MhiMtet Per Pcrsmi) ZONING ADMINISTRATOR'S REPORT * 6. #04-3060 Michael and Donna Ebertz, 1220 Tonkawa Road-After-the-Fact Conditional Use Permit - Resolution * 7. #05-3103 Jack and Kari Olson, 1966 Shadywood Road-Variance-Resolution * 8. #05-3106 Cindy and Brad McDonnell, 1420 Baldur Park Road - Variance - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 9. Award Contract - Industrial Park Watermain Improvements Project 10. Accept Quotation - 3980 Dahl Road Lift Station Project CITY ADMINISTRATOR'S REPORT 1 1. Computerized Criminal History and CHiver's License History Inquiries - Ordinance 12. Cooperative Agreement with Medina 13. Fixed Asset Capitalization 14. 1-394 H.O.V. Lane - Resolution I 4 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 29,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT * 15. LICENSES * 16. BILLS UPCOMING ISSUES AND EVENTS 05/20 05/21 05/23 05/26 05/27 05/28 05/30 Leaf and Grass Disposal, Friday, Noon - 3:00 pjn. Leaf and Graas Disposal, Saturday, 9:00 a.m. - 3:00 p.m. Council Meeting, 7:00 p.m. Council Work Sessitm, Thursday, 5:45p.m. Leaf and Grass Diqxwid, Friday, Noon - 3:00 p.m. Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m HOLIDAY 06/01 06/03 06/04 06/06 06/13 06/16 06/20 06/27 06/30 Planning Commisaion Work Session, Wednesday, 5:30p.m. Leaf and Grass Disposal, Friday, Noon - 3:00 p.m. Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. Park Conuniaaion Meeting>Annud Park Tour, 5:00 p.m. Council Meeting, 7:00 p.m. Council Woric Seasion, Thursday, 5:45 p.m. Planning Conunission Meeting, 6:00 p.m. Council Meeting, 7:00 p.m. Council Work Smion, Thursday. 5:45 p.m. • 'Mm m- - ■ Public A ttendance Meeting Date ^ 6 Council □ Planning Commission □ Park Commission □ Other Please filloutthe informatiois requested BELOW FOR OUR CITY RECORDS. NAME (pleaM prlit)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 3 fe*?S fT tv, 4._____ijohn 5. 4. S.. 9. 10.. 11. 12.. IS. 14. IS. WAA*rfy ffawiPPnBit ^iwitiBii Rgd 1 J ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION C/7> 'CHo Date: OS/23/OS Item No: Department Approval:Administrator Reviewed: Name: Title: Kurt Erickson Sergeant Agenda Section: Item Description: Grant Acceptance Exhibite: PBCVMKm? ... .At die March 28,2005 City Council meeting the council authorized the police department to apply for a grant fiom Center Point Energy (Minnegasco) for the purpose of purchasing 3 new Automatic Electronic Defibrillmors. Center Point Energy has notified the police department that we have been awarded a S3,000 grant to use toward the purchase of the AED’s. This is a 50% match grant. COUNCIL act ion REQUESTED; A motion to approve the acceptance of the Center Point Energy grant of $3,000 to be used toward the purchase of new Automatic Electronic Defibrillators and authorization to proceed with the actual purchase. 4 DATE: May 20,200S ITEMNO: 3 REQUEST FOR COUNCIL ACTION Dcpartacat Approval: NsM Ronald J. Moone THIa City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Itoni Description: LMCD Appointment Each of the cities on Lake Minnetonka appoints one representative to serve on the Lake Minnetonka Conservation District (LMCD) Board. Orono’s position on the Board is currently vacant. It wu the consensus of the Coimcil, at its May 12 worksession, that Drew McDermott be appointed as the City’s representative on the LMCD board. The Council may now take formal action to make the appointment. COUNCIL ACTION REQUESTED Motion to appoint Drew McDermott to a one-year term on the LMCD Board expiring on January 31,2006. r wm. k- M ■ w...J I MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,200S 7:00 o’clock p.m.May > ^ O/Vo ROLL CALL The Council met on the above mentioned date with the following members present; Mayor Barbara Petersmi, Council Members Jim Muiphy, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, Engineer Tom Kellogg, and Recorder Jackie Young. Council Member Bob Sansevere arrived at 7:03 p.m. Mayor Peterson called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1.APPROVE/AMEND Items 11,12,13, and 14 were added to the Consent Agenda. Item No. 10 was removed from the Consent Agenda at the request of the Applicant. McMillan moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: AytsS,NaysO. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF APRIL 25,2005 McMUan moved, Peterson seconded, to approve the minutes of the Regular City Council meeting of April 25,2005, as snbmHted. VOTE: Aycs5,NaysO. PARK COMMISSION COMMENTS - JEFF SODERSTROM, REPRESENTATIVE Soderstrom addressed the City Council regarding the year-end Park Dedication Fund report, noting that a S40,000 loan is still outstanding from the General Fund. Soderstrom suted the intended parkland near the new Are station would never be used as a park, and requested that the loan be erased. Peterson stated this item was discussed at the Council’s work session and that the Council would inform the Paric Commission of the Council's decision. Peterson noted the park tour is scheduled for June 6 at 5:30 p.m. PLANNING COMMISSION COMMENTS - JIM LESLIE, REPRESENTATIVE Leslie indicated he has nodiing to report but would be available for questions during the meeting. PAGEl J I ‘MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock p.in. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT 7. MS-3103 JACK AND KARI OLSON, 1966 SHADYWOOD ROAD - VARUNCE Jack and Kari Olion, Applicants, were present. Curtis stated the applicants are requesting a number of variances to construct a 20’ by 20' detached garage on their property to replace a one-stall tuck-under garage that will be converted to living space. The following variances are being requested: I. A rear yard setback variance for a 11.5 foot rear setback where IS feet is required; and 2. A hardcover variance for 45 percent within the 0-75* zone; and 3. A structural coverage variance for 29.6 percent or 1,671 square foot structure where 1,500 square feet is normally allowed and 23 percent currently exists; 4. A principal building setback to allow a 5-foot setback between the garage and the home where a 10-foot setback is normally required; and S. A lake setback variance to construct a 20’ by 20’ detached garage within 75 feet of the lake. Curtis noted the applicants’ entire property is located within 75 feet of the lake. The Planning Commission voted 6-1 to deny the structural coverage variance with the recommendation that the 1,500 square feet structural coverage maximum be met with a home addition located no nearer the lake than the current structure. Staff recommends approval of the variances in order to allow the applicants a total of 1.500 square feet of structural coverage for a garage addition. Jack Olson addressed the Council regarding his request. Olson noted due to the size of the lot, they are limited in the size of the structure they are able to construct and have reduced their plans from a 22* by 24’ garage to a 20’ by 20’ garage. Olson stated a garage is a necessity given the Minnesota climate during tl» winters and that they are requesting the least amount of structural coverage necessary. Olson indicated in their view they are experiencing a hardship due to the lack of a garage. Olson stated they are proposing to construct t!ie new garage over existing blacktop and are agreeable to removing any hardcover that is not necessary. Olson stated they are financially unable to reconstruct their residence in order to add a garage and meet the 1,500 square foot requirement and that they find it necessary to request a structural coverage variance. PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9,2095 7:00 o’clock pjn. (005-3103 Jack awl Kari Oboa, Contbiacd) Olson stated l>y ^)pioving their application, it would provide a safer environment for his family, allow the property to bl^ in with its surroundings, and reduce hardcover and runoff into the lake. Olson request^ the Council take into account the physical limitations of the property when considering their variance request. Mur|diy indicated he has visited the site and that this lot is unique given the proximity to the channel. Murphy noted this property is boxed in and small in size. Murphy inquired why they are pursuing a detach^ garage rather than an attached garage. Olson stated they are unable to afford an attached garage and are proposing a detached garage with a doorway and walkway allowing easier access to the house. Sansevere stated he is unable to recall any other property on the lake where the backside of the garage faces the lake, and inquired how the garage would look aesthetically from the channel. Olson stated they would insert windows on the channel side and that they are willing to plant bushes to help screen the garage. Olson indicated they would construct the garage to match the house. Mrs. Olson pointed out there are also a number of trees that would help screen the garage from the channel. Murphy stated in his view there does not appear to be a hardship. Murphy commented the other lots in this area do have larger garages than what is being proposed here but that this garage would add to the amount of structure on this lot. Leslie indicated he was in support of the application and that the main issue that was discussed at the Planning Commission was the amount of structural coverage on this lot and the fact that hardcover is usually not traded for structural coverage. Leslie indicated a concern was expressed for the amount of massing on this lot as it is viewed from the lake. Leslie stated in his view he would prefer to see a garage with some windows and bushes screening it rather than three vehicles parked on an asphalt driveway. White stated a 20’ by 20’ is really not a practical garage and that a 22' by 22’ garage is better able to accommodate two vehicles. White inqtdied why the garage could not be attached to the house. Mrs. dson stated to attach the garage is almost triple the cost. Sansevere pointed out the Council has never in die past taken into account financial considerations when granting a variance. Mrs. Olson inquired whether the Council feels it is reasonable to ask someone to spend S 130.000 to add a garage rather than $20,000 to $30,000. PAGE 3 ' f 1 r i MINUTES OF THE ORONO OTY COUNCIL MEETING Meaday, May 9, ZOOS 7:00 o’clock p.m. (#05*3103 Jack aid Karl Ohon, Coadaacd) Sanscvere stated he is unable to vote for a variance simply because it is the cheaper alternative uid that the Council needs to remain consistent in their decisions. Mrs. Olson stated they are in need of a simple garage and that a two-stall detached garage meets their needs. Sansevere inquired whether it would match the house. Olson stated it would match the house. White inquired why the cost to attach the garage is significantly higher. Olson indicated it would be necessary to tie into the existing roofline, which increases the cost substantially. Michael Mischke, 1972 Shadywood Road, stated if the garage is attached, a foundation is required. McMillan inquired where the other vehicle would be parked if there is not room in the garage for two cars. Olson stated they proposed a 20'by 20’ garage to follow the recommendation of the Planning Conuniukm. Mrs. Olson stated dieir driveway currently accommodates six vehicles. White stated in his opiirion a person is entitled to a garage and that he would prefer 22’ by 20'. McMillan stated she has a concern that a vehicle would be parked outside if a 20’ by 20’ garage is constructed. Peterson noted Staff is recommending a 20’ by 20’ garage but that she would prefer a 22’ by 20’ garage. Peterson moved, WkMe seconded, to approve a 22’ by 20’ garage for Appikatioa #05*3103, Jack and Karl Olson, 1966 Shadywood Road. Mischke stated be has a 20’ by 20’ garage and that he would recommend a 21 ’ by 21’ garage. Gaffron stated Staff’s recommendation is for structure coverage not to exceed 1500 square feet. Gaffion pointed out a standard garage door is IS feet wide. Gafiiron stated pictures depicting Mr. Mischke’s garage show the limited amount of space available with a 20’ by 20’ garage. White indicated he is not opposed to making the gange 22 feet deep and 20 feet wide. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock pan. (#0S>3103 Jack aad Karl Oboa, Coatiaaed) Olson stated he would prefer the width. Jurgens stated the concern of the Planning Commission was the amount of structural coverage on this lot and that the garage could be redesigned to better meet the structural coverage limits. McMillan stated she also has a concern with adding structural coverage on lots, noting that at some point lots do reach their limit. McMillan recommended that the motion also include the stipulation that no additional structural coverage be allowed on this lot in the future. Peterson agreed to amend her motion to include a stipulation on future structural coverage. Sansevere recommended some type of landscape screening also be included in the motion. Gafiron stated Staff would prefer to see a landscape plan. Olson indicated he would be willing to landscape the back of the garage. Pctcrsoi anendcd her motioB to direct Staff to draft a rcsolutioo reflecting approval of a 22* by 20 foot garage for Application INI5-3103, Jack and Kari Olson, 1966 Shadywood Road, snbject to the snbaittal aad approval of a landscape plan for the backside of the garage, and further snbject to the coadHIoa that no additional structural coverage and/or hardcover outside the ealsting footprint wIM be allowed oa this lot. Gaffron inquired whether a second story could be added above this garage or house. Murphy stated the addition of a second story is for future discussion. Gaffron stated direction could be given to the future council. Peterson ftirther amended her motion to also require the hardcover removab as proposed in Staff's report White seconded the amended motion. VOTE: Ayes S, Nays 0. 3. 994-3060 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD - AFTER-THE- FACT CONDITIONAL USE PERMIT Michael Ebertz, Applicant, was present. Curtis stated the applicant is requesting after-the-fact approval of a conditional use permit in order to construct a boulder wall, re-gra^ the lake yard, and a hardcover variance due to the increase in the hardcover percentage with the square footage from the proposed rock walls. The applicant is proposing to increase the hardcover within the 0-75’ zone from 7.84 percent to 8.7 percent. PAGES J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9,2005 7:00 o’clock p.m. (M040060 Mkhad and Donna Ebcrta, Coatinacd) This application was tabled at the December Council meeting in order to allow for a site inspection in the spring ^ Staff to verify hardcover. Staff has conducted the site visit and reviewed the file history. The file reflects Out the previous owner made various applications to the City and approvals were granted requiring specific hardcover removals at different times for a gravel driveway, a lakeside deck and grade level lake deck, and a shed. The resolutions granting the approvals and requiring the removals were never signed and were allowed to expire. Staff feels that certain hindcover items within the 0-7S ’ zone are excessive and unnecessary. Staff would recommend a two to one or three to one removal of nonconforming hardcover in the 0-7S’ zone. The Planning Commission recommended that equal portions of existing 0-7S' zone hardcover be removed to offset the additions in hardcover caused by the retaining walls. Curtis noted there is currently 2,612 square feet of hardcover in the 0-7S’ zone, which includes a 683 square foot portion of the house. Ebertz stated their intention was not to increase hardcover but merely to decrease the erosion by adding the boulders and they did not realize that they would be considered hardcover. Ebertz indicated they have revised their original plan Murphy iitquired whether the applicant has submined a revised plan. Curtis stated a plan has not been submitted, and recommended that some direction be given to the applicant on the amount of hardcover that would be allowed. Ebertz stated they would be willing to remove the same amount of hardcover that would be added. Ebertz indicated they are willing to follow the Council’s recommendation, but noted that the house is relatively small, consisu of two bedrooms, and that some point in the future they would like to expand the residence. Ebertz reiterated their intention in adding the boulders was to eliminate the erosion. McMillan inquired whether the applicant is interested in retaining the gravel path to the lake. McMillan noted Staff has recommended removal of the gravel path, the shed, and the decks at the lake. Ebertz indicated he does use the gravel path to bring his boats up and down to the lake and that he does currently use the decks at die lake. Ebertz suted in the future they would like to expand the residence and that the, would be willing to remove additional hardcover at that time. White noted there are two decks down by the lakeshore and suggested that one deck be removed. White suggested the applicant also consider adding a swimming dock to one of the existing docks. Mwphy inquired what is required for a retaining wall in terms of integrity of the shore. Curtis stated the overhead displays the area that the City Engineer has determined to be necessary. Gafiron stated Staff agrees with the plan and that 134 square feet has been determined to be necessary to maintain the integrity of the shoreline. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9,2005 7:00 o’clock p.m. (#04-3060 Mkhad aad Doaaa Ebcrtz, Coatiaaad) Murphy stated in his opinion removal of the shed and the decks are a good starting point for reducing hardcover on this lot. Ebertz stated he would like some direction from the Council on the amount of hardcover that should be removed. Gaflhm stated there is existing hardcover in the 0-7S’ zone that is not necessary, noting there are two platforms that are in poor condition and a 4’ by 10’ shed that also is in poor shape. Gaflron stated in his opinion the shed and two platforms could be removed. Gaffron noted there also is a gravel road that allows access to the lake ^t could be removed. Ebertz inquired what the square footage would be for the platform. Curtis stated the total of the decks on the lake is 305 square feet. Ebertz stated he would not be agreeable to removing the two decks. Ebertz noted they do utilize the deck quite a bit and that he has some items stored in the shed. McMillan stated she would like complete removal of the two decks. Murphy inquired what the square footage would be for the shed, both platforms, and the gravel road. Curtis stated the total would be 11 SO square feet. Morphy amved, Fetarsoa sccoadcd, to direct staff to draft a resointioa for AppUcatfoa #04-3060, Michael and Doaaa Ebertz, 1220 Toakawa Road, graatlag of aa after-the-fact coaditloaal asc penalt la order to coastract a hoalder wall aad re-grade the lake yard, aad graatlag of a hardcover varlaacc sabjcct to the reamval of hardcover eqaivaleat to the anoaat of hardcover added to the sUe by the rctalalag wall, aad farther sabject to reamval of the existing 4.5* by 10 ’ shed and two decks. Ebertz stated those removals add up to approximately 350 square feet and that m his view he is being penalized. Ebertz noted one of the decks is used on a regular basis and that the deck is one of the reasons why he purchased the property. Ebertz noted the deck has been re-stained iit the past and is scheduled for re-sttining again in the near future. Ebertz stated he would rather forego die retaining walls than remove the deck. Ebertz stated there is an expense associated with removing the deck and that the removal of the deck would reduce the value of the property. Ebertz noted a large portion of the property is located within the 0-75’ zone. Ebertz stated he was not aware that boulders are not allowed in that area. White suggested the road be removed, one deck, and the shed. White stated the runoff from the gravel road is a bigger issue than runoff from the deck. PAGE? V 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, May 9,2005 7:00 o’clock p.m. (#04-3060 Mlckad aad Doom Ebcrtz, Coattaaed) Ebertz stated these items were on the property prior to when he purchased it and that in the future he would like to expand the residence and at that time he would like to trade some of this hardcover for the addition to the house. Sansevere stated in his opinion the gravel road should be removed. White stated when the applicant decides to add on to the residence in the future, he will not be allowed to construct within the 0-75’ zone. Murphy withdrew his owtloa. White awvcdt McMUlaa sccoadcd, to direct staff to draft a resoiutiou for AppHcatioa #04-3060, Mkhad aad Doaaa Eberts, 1220 Toakawa Road, graatiug approval of an aftcr-lhc-fact coaditloBal BSC penult ia order to allow 134 feet of the boulder retaiaiag wall to remain as destgaated by the CUy Eagiaecr aad re-gradlag of the lake yard, and graattag of a hardcover variance subject to the reuMval of the gravel road coaslstiBg of800 square feet down to the lake. Murphy inquired whether die shed should also be removed. Ebertz indicated he does store h’s t'^wnmower and weed blower in the shed. Curtis inquired how the applicant is able to access the shed. Ebertz stated he is able to access the shed and that he does mow in that area. Curtis stated the shed consists of 4S square feet. Ebertz stated the shed is approximately 20 years old and is not visible. VOTE ON THE ABOVE MOTION: Ayes 4, Nays 1, Petersoa Opposed. *4. #04-3073 DAVID AND JOANN POMUE, 801 TONKAWA ROAD - PRELIMINARY SUBDIVISION - RESOLUTION NO. 5321 McMIlaa awved, Peterson secoaded, to adopt RESOLUTION NO. 5321, a Resolutioa graatlBg prsMadnary approval of a Class III SnbdIvisioB for property located at 801 Toakawa Road. VOTE: Ayes 5, Nays 0. PAGES MINUTES OF THE ORONO aTY COUNCIL MEETB^G Mondayt May 9,2005 7:00 o’clock p.m. *5. #05-3074 SEAN AND MELISSA WAMBOLD, 1379 PARK DRIVE - VARIANCE AND CONDITIONAL USE PERMIT - RESOLUTION NO. 5322 McMUIaa moved, Poterww iccoadcd, to adopt RESOLUTION NO. 5322, a RcMlatioB graatlag hardcover varlaacet aad a coadMoaal um permit for the property located at 1379 Park Drive. VOTE: Ayes5,NayfO. 6. #05-3091 CATHERINE SALLAS, 3035 NORTH SHOM DRIVE - AFTER-THE-FACT VARIANCE Catherine Sallaa, Applicant, was present. Curtis stated the applicant is requesting after-the-fact lake and side setback variances and a 0-75* hardcover variance to allow an existing roof top deck to remain 50 feet from the lake and nine feet from the southwest lot line on the roof of the existing home. The neighboring property owners have provided additional written comments and photos illustrating their concerns. The Planning Commission voted 4-3 to recommend approval of the after-the-fact variances in conjunction with removal of all portions of the existing grade-level deck that extend lakeward of the average lakeshote setback. Planning Staff recommends approval of the after-the-fact lake and side setback variances and hardcover variance with dw stipulation that an equivalent square footage of hardcover be removed to offset the new hardcover consisting of 52 square feet for the stairs accessing the rooftop deck. Murphy inquired whether Staff would be inspecting the deck. Curtis stated Staff would need to inspect it in order to issue a building permit. Gaffron stated it is his understanding the building inspector has previously reviewed the deck and that there are only some minor changes that need to be made to the deck. Curtis stated she has gone up on top of the deck and that it appears to be stable. Murphy indicated he has visited this site and that there appears to be a droop to the roofline, and questioned whether the deck is really structurally stable. Curtis sttted the neighbors did provide a photograph of the deck, which may help to illustrate the condition of the deck. Curtis noted the photograph does not depict that portion of die deck clearly. PAGE 9 • I < ■ i- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9,200S 7:00 o’clo^ p.Bi. (M5-3091 Cathortoa SaHai, CoatiBBcd) McMillan noted die Planning Commission had a concern with the ground level deck, and inquired whether there is a variance for the lower level deck. Curtis stated the City does not have a variance on record for that deck. The Planning Commission recommended removal of tfie portion of the deck that extends into the average lakeshore setback. Brad Olson, 364S North Shore Drive, stated this is not a personal issue with the current renter or the property owner, but noted there are no permits on record with the City for the deck, the patio or the stoop to ^ up to the deck, and that in light of the illegal placement of these structures on the property, a portion of the hardcover on the property in his opinion should be removed. Olson indicated there was a debate at the Planning Commission about whether there was a hardship, and that in his opinion this property can be put to reasonable use without the roof top deck. Olson stated there were numerous times the City approached the previous property owner concerning the deck and that this is really a lack of disclosure to the new owner. Olson stated the deck is invasive to their privacy and they would like some of these violations addressed. Mark Welch, 3625 North Shore Drive, stated at the time he constructed his half-story, he was required to comply with all the regulations of the City. Sallas indicated she purchased tiie property witit the deck existing, noting that she was informed after the purchase tint the lower level deck was over the average lakeshore setback by 52 feet. Sallas stated she is willing to reduce die lower level deck. Sallas noted under current City codes she would be allowed to construct a two-story residence and that this is really not a privacy issue. Sallas stated the previous property owner did not make her aware of these issues and that she has made improvemenu to the property to make the house more appealing. Sallas stated in her opinitm the upper deck is an integral part of the house and that she would prefer not to remove more than 52 feet off the lower deck. White inquired whether the previous property owner was subject to a lot of code violations. Gaffion stated the City’s file does show a number of inqirovements to the property early on but that for a period of approximately 30 years, from 1974 to 2004, no permits were obtained. Welch noted the carport is right on the property line. Sallas inquired why she should be penalized for items that are 30 to 40 years old. Mur^diy inquired how the City became aware of this property. Curtis stated the file contains letters ftom Lyle Oman to the previous property owner and that this matter was brought to Staff's attention by an inquiry from an adjoining property owner. PAGE 10 ■ MINUTESOFTHE ORONO CITY COUNCIL MEETING Monday, May 9,2005 7:00 o’clock p.ra. (005-3091 Catherine Sallas, Continned) Gaffron stated a rooftop deck is a building issue and is not really a zoning issue except for that portion of the deck that encroaches within the side yard setback. Sallas stated to her knowledge this house has existed in pretty much its present condition for the past 70 years. Sallas commented if the City were to examine every piece of property within the City, they would likely find numerous situations whm smictural coverage or hardcover has been added without the City’s knowledge. Murphy stated by definition this is a rooftop deck and that the City has nothing in their regulations that prohibits a rooftop deck. Gaffiron stated the code addresses setbacks and heights and that a second story could potentially be approved on this residence. Murphy inquired what would need to be done structurally to the house if the deck were removed. Kellogg indicated he has not reviewed the deck personally and is unsure what work would be required to the residence. Gaffion stated in his opinion the roof was treated in some way to be made impervious and that he is unsure what needs to be done in order to remove the deck. Gaffion stated the building inspector would need to inspect the roof to determine exactly what needs to be done. Murphy reiterated there is a droop in the roofline on the south side of the deck that should be examined. White stated he does not see a legal reason to not allow the deck. White noted fencing is not allowed within 75 feet of the lakeshore, and suggested a portion of the fencing be removed. White Bovcd, Sanacvcrc seconded, to approve an after-the-fact variance for the property located at 3d35 North Shore Drive, subject to the removal of aU fencing located within the 0-75’ zone and fturther subject to the rcamval of 140 feet of hardcover Dorn the existing grade-level deck that extends lakeward of the average bikeshore setback. Sallas stated she is not agreeable to removing all the fencing. Sallas suted that is a considerable amount of hardcover. Sallas stated at some point in the future this residence probably would be tom down but that she would like to keep what was on the property at the time she purchased it. Sallas stated in her opinion she is being asked to remove an unreasonable amount of hardcover. Sansevere stated the amount of hardcover the Council is asking be removed is really not a negotiation McMillan noted the deck does encroach on the side yard setback and that that encroachment should be compensated in some way. McMillan inquired whether there is fencing on both sides of the house. PAGE 11 ii H ) ■ 'i * I i MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock p.ai. (005*3091 Cathcrlae Sallas, Coatiaaed) Sallas stated the fencing is on both sides of the property and extends almost to the lakeshore. Murphy inquired whether the motion included removal of the fencing on both sides of the property. White stated it does. Welch stated he is opposed to the removal of the fencing on his side of the property. Welch stated if the fence is removed, the rooftop deck should be removed. Brad Olson stated they have requested that the rooftop deck be removed. Mrs. Olson stated they would prefer the lower deck be left as is and the upper deck removed. Barrett noted this is an after-the-fact variance request and that the Council probably would not have granted a side yard seftnck variance. Barrett stated denial of the variance would be legitimate and that there could be a trade-ofTby removing some of the other hardcover on the property. Sallas stated she was not aware of the complaint about the deck at the time she purchased the property. Barrett stated the issue for die Council to consider is what is good compensation with respect to the deck. McMillan stated she would like a portion of the lower deck removed. White withdrew kU Jurgens stated this is an after-the-fact variance and that a structural engineer would be required to review the deck. Jurgens suted the deck might need to be removed if it is not structurally sound. Olson noted a variance was denied previously for a roof top deck because it was not considered stru;turally m McMillan moved, to approve AppHcattoa #05-3091,3035 North Shore Drive, graatlBg of an after- the-fact lake aad side setback variances pending stmctnral review and approval of the deck aad fhrther snb|ect to the reoMval of 104 feet of the grade-level deck to compensate for the encroachments. Sansevere inquired whether the deck should be removed to th« average lakeshore setback. McMillan stated in her opinion the 104 square foot removal is just compensation for the encroachment. MOTION DIED DUE TO LACK OF SECOND. PAGE 12 W r tr. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9,2005 7:00 o’clock p.m. (#05-3091 CatkcrlM Sallas, Contianed) Sanaevcrc moved, Peterson seconded, to approve Application #05-3091,3635 North Shore Drive, granting of an after-the-fact lake and side setback variances pending structural review and approval of the deck, and farther subject to the removal of 140 square feet of deck located within the average Inkeshore setback Kellogg inquired what action should be taken if the deck is found structurally unsound. Barrett stated the deck would need to be made structurally sound or tom down. VOTE: Ayes 3, Nays 2, McMillan and Murphy Opposed. Murphy indicated he was opposed to the motion because the matter should have been deferred until a structural inspection was conducted and that a decision should be made based upon the structural merits of the deck. #05-3105 PETER MARTINSON, 4460 FOREST LAKE LANDING - VARIANCE - RESOLUTION NO. 5323 McMUan moved, Peterson seconded, to adopt RESOLUTION NO. 5323, a Resolution granting lot width and lot area variances and n hardcover variance for the property located at 4460 Forest Lake Landing. VOTE: Ayes 5, Nays 0. 9. #05-3106 CINDY AND BRAD MCDONNELL, 1420 BALDUR PARK ROAD - VARIANCE Cindy and Brad McDonnell, Applicants, were present. Curtis stated the applicants have revised their request based on the Planning Commission recommendation and are requesting hardcover and structural coverage variances in order to construct an 80 square foot covered porch entry in the place of an existing 76 square foot deck. The applicants are requesting a hardcover variance within the 75 ’-250 ’ zone for 48.7 percent hardcover where 33.8 percent currently exists and a structural coverage variance to allow 1,797 square feet of structure when 1,500 square feet is normally allowed and 1,717 square feet currently exists. The Planning Commission recommended approval of the structural coverage and hardcover variances for construction of an 80 square foot covered porch entry with the removal of all plastic and fabric liners from landscape beds and play areas (if applicable), removal of the rock fire ring as noted on the survey, uid an additional 230 square feet of driveway hardcover. PAGE 13 T * i I MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock p.m. (M5>3106 Ciady aad Brad McDoaaell, Coatiaued) Murphy stated he does not see a hardship to allow the covered enoyway. Mrs. McDonnell indicated the hardship is that the entryway gets icy in the wintertime and that a number of people have fallen. McDonnell indicated the lack of a covered overhang exasperates the problem. Mr. McDonnell indicated the entryway is wooden and gets very slippery in the wintertime. McDonnell noted the entryway does not have railings and that he has elderly parents who visit periodically. Mrs. McDonnell stated this is the main entrance to the residence and that it would be preferable to have an overhang when it rains. McMillan inquired whether the entryway has to be handicap accessible. Mrs. McDonnell stated they are not requesting a ramp. McMillan inquired whether the ramp would be considered hardcover. Curtis stated to her understanding it would be counted as hardcover. Gaffron stated if the ADA requires a ramp, Council approval would not be required. Gaf&on stated the ADA condition might not be a permanent condition ai^ that the next property owner could remove it if it is not needed. Sansevere noted die applicants are not requesting a ramp. Mrs. McDonnell stated they are looking for a covered entryway that is functional. Sansevere inquired why the applicants are proposing this size of entry way. Mrs. McDonnell stated due to the location of the window and the door, they are required to construct the deck that size to avoid the window being obstructed by a post. McDonnell indicated the deck would be approximately 12* by 6.5*. McMillan stated she is in agreement with the Plarming Commission*s recommendation and that the extra room on the entryway makes for a safer entryway. McMillan moved. While seconded, to direct staff to draft an approval resointioa for the property located at 1420 BaMnr Park Road, granting strnctnral and hardcover variances for constmetion of an M square faot covered porch entry, snbjcct to the removal of all plastic aad fabric liners from landscape beds, the rock fire ring, and an additional 250 feel of driveway hardcover. Sansevere inquired what the size of the current entryway is. PAGE 14 c f . J MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock p.in. (005-3106 ClMly aad Brad Mc D obbc IL CoaHaBcd) Mn. McDonnell stated the existing entryway is 76 square feet and is not covered. Sansevere inquired whether the current entry way extends past the window. Mrs. McDonnell indicated it does not. Murphy noted Exhibit D-1 depicts a hot tub. Mrs. McDonnell stated that was what they originally proposed, which involved 168 square feet. Mr. McDonnell stated they have revised their plans per the recommendations of the Planning Commission. Curtis stated the applicants are requesting an 80 square foot covered porch. Leslie recommended the Council consider the fact that the City’s building code does not mandate a covered entryway and that this might be setting a precedent. Mrs. McDonnell pointed out they are removing three to one hardcover in order to construct the covered entryway. Sansevere stated the Council views hardship as being inherent to the land. Mrs. McDonnell indicated she has reviewed the City’s web site and that she understands the intent of the guidelines. McDonnell stated the number one intent of the guidelines is the safety of the residents. McDonnell stated a broken leg costs money and that this hardship is very real. Sansevere inquired whether aesthetics is the driving factor for the size of the entryway. Mrs. McDonnell stated white massing is an issue, a smaller deck would look out of place. Mr. McDonnell noted the Planning Commission recommended approval of an 80 square foot covered entryway on a 4 to 3 vote and that they proceeded forward with these plans based on the recommendation of the Plarming Commission. McDormll indicated aesthetics does play a part in their prt^sal, noting that they would like to construct an entryway that is attractive to the house given the costs involved with the project. Richard Rohrer, 1424 Baldur Park, stated he is in favor of the 80 square foot porch and that a smaller entryway would not look very attractive. Rohrer indicated he has visited the McDonnells in the wintertime and that the entryway does get icy. White commented this is not a major change to the residence. White pointed out the City’s defimtion of hardship is inherent with the land. PAGE 15 1I4 iiuKiai 'V MINirreS OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock p.oi. (#05-3106 Clady and Brad McDoaacU, Coatlaacd) Mrs. McDonnell inquired why a 440 square foot garage was approved earlier tonight when it exceeded die structural coverage. Barrett stated Minnesota state law does allow a property owner to a construct a garage. Sansevere noted this is not the same situation and that the circumstances are different from the prior application. VOTE: Ayes 4» Nays 1, Sansevere opposed. Mr. McDonnell inquired whether they can proceed with construction of the entry way tomorrow, noting that they were in the process of re-siding their house and have had to stop that process pending approval of the entryway. Gaffiron stated the Council would need to take special action to allow Staff to issue a building permit prior to the resolution being adopted. Barrett stated he is reluctant to recommend action by the Council to allow Staff to issue a building permit and that he would prefer to wait until the resolution is drafted and adopted by Council. McMillan and Sansevere stated they are in agreement with the City Attorney. Murphy stated he is rrat opposed to allowing the applicants to proceed forward with construction given the limited size of the project. Murphy uevcd. White seconded, to anthorlze staff to issue the necessary building permit to Cindy and Brad McDonacU, 1420 BaMur Park Road, to allow construction of the 80 sqnare foot covered entryway. Moorse suggested a letter from the applicants be submitted indicating they are in agreement with the conditions of die motion. VOTE: Ayes 2, Nays 3; McMillan, Peterson, Sansevere opposed. Mur]diy stated in his opinion the Council should consider requiring covered entryways on all iqrplications if it is truly a safety issue. '■V:r ,'i . i MINUTES OF THE ORONO CITY COUNCIL MEETING Mosday, May 9,200S 7:00 o’clock p.in. 10. #05-3107 SCOTT BISSEN AND MICHELLE MOREY, 825 TONKAWA ROAD - VARIANCE AND CONDITIONAL USE PERMIT - RESOLUTION NO. 5324 Scott Bissen, Applicant, and JefTNute, Natural Environments, were present. Curtis stated the qiplicant is requesting a conditional use permit in order to replace a rotted wooden stair system with lower facial boulder walls, vegetation, re-grading of the slope, and installation of a granite stair system. A hardcover variance is required due to the change in the hardcover percentage proposed. The Planning Commission recommended approval of the hardcover variance and conditional use permit per Staff's recommendation. Curtis stated the applicant requested this item be removed from the consent agenda so they could address condition number four, which reads as follows: “A permit will not be issued for the lake access stair until after the completion of a framing inspection for the new residence.” Curtis stated this condition was listed in the Planning Report dated April 11*^ on pages one and four. Bissen stated he did qteak with Staff prior to purchasing this property regarding the lakeshore. Bissen stated he found out today that he would not be able to construct a suirway to the lake until the house is framed. Bissen indicated the builder was scheduled to construct the stairs next week and that a sizeable deposit has been made. Bissen stated construction on the house is not expected to commence until late June. Bissen indicated he is unaware of the time frame involved with framing the house, noting that they are still in the process of designing the house. Bissen stated Staff might have had the impression that the stairway was going to be done in conjunction with the construction of the residence. Bissen stated the new stairway would '.ilow them to eqjoy the property and also eliminate the unsafe suirway currently on the property. Sansevere stated there could be delays that prevent construction of the residence and inquired whether this would be a precedent. Gaffron slated it could be a precedent since a suirway is considered structure and that typically work not associated with the main residence is not allowed on the site due to the security of a property and the potential for vandalism. Bissen indicated he is new to the building process and that they would like to construct the deck prior to work commencing on the residence so they would be able to enjoy the property this surruner. Bissen suted the suirway would only improve the appearance and safety of the property. Murphy inquired when building is anticipated to commence. Bissen suted he is hoping to commence construction by the end of June. Murphy inquired how long construction of the suirway is anticipated to uke. PAGE 17 T MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock p.m. (M5>3107 Scott Rbica aad MkbeUe Morey, Coattaucd) Note indicated two weeks. ■; ■I Murphy inquired what would happen if the stairway is constructed and the residence is not. Curtis stated a new stairway would be safer. Nute stated they constructed the stairway on the property to the south recently, which is similar to what is being proposed here, and that they would like to remove the existing deteriorated staircase and replace it widi som^ng that is attractive and safe. McMillan inquired whether the same amount of boulders would be utilized as on the property to the south. Nute indicated the amount of boulders would be less, and that once the plantings are established, a smaller amount of rock would be exposed. Peterson noted a lot widdi variance has not been granted yet with this application. Gaffron stated this lot is slightly under the 80 percent standard and that technically a lot width variance is required, which was not noticed by Staff until recently. Gaffron stated the lot area and the lot width are compliant except for down by the lakeshore. Gaffron stated that variance would need to go through the normal process as an amendinent to this application. Barrett stated he is in agreement with Gaffron, noting that the applicant did rely on the information that Staff originally thought was correct. Barrett stated the Council could require a letter of credit to insure that the project be completed. Gaffron stated Staff did not review the dimensions of the lot until recently to verify that it met the 80 percent, which is usually done at the time a building permit is applied for. Bissen indicated he has already paid the contractor SO percent down to complete the work down by the lakeshore and that he was unaware of the condition in the resolution until today. Murphy stated if construction is not anticipated to be started until the end of June, the house probably would not be framed until August sometime. Murphy inquired what would happen if the stairway is constructed and the residence is not built. Gaffron stated if the work by the lakeshore is completed and the residence is not constructed and the property is sold, there would be a new stairway replacing an unsafe stairway, which would possibly inqrrove the value of the property. Barrett stated a disadvantage to granting the building permit is that it might promote improvements to the property without a principal residence on the lot just to improve the value of the property for resale. PAGE 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock p.m. (#05-3107 Scott Mma aad Mkhelle Morey, Continaed) Marphy aiovcd to delete Rem No. 4 oa page tkree of tke remlatioa for the property located at 825 Toakawa Road, aad to direct Staff to IomH laagaage statiag that a permit caa be issaed for the lake acccw italr aa Moa aa the appUcaata apply for a laad alteratloa pennit, aabject to the coadMIoa that a letter be aabaatttH by the appUcaata ladkatlag their lateat to coastruct a hoaae oa the property wHhia oae year. MOTION DIED FOR LACK OF A SECOND. Saaaevere awved, McMUIaa aecoaded, to adopt RESOLUTION NO. 5324, a Resolatioa graatiag a coaditioaal aae penait aad hardcover varlaace for the property located at 825 Toakawa Road, as writtea. Note stated he has been working with Curtis for approximately two months on this application and that they have submitted everytfiing that has been requested. Nute indicated it is very frustrating for his company to accept a down payment from a customer and have them scheduled to conunence work and to not find out until the day of the Council meeting that the work will not be allowed to commence. Nute stated that his company was forced to pass up other work because they were committed to this project. McMillan noted the applicant is working with a tight time frame and that the project is not approved until the Council adopts the resolution. Bissen stated the only negative comment that was mentioned tonight was that the value of the property might be increased fay this work. Sansevere inquired whether this stairway project was ever discussed with Staff. Nute stated when file project on the property to the south was commenced, the fact that a principal structure wm required on the lot was never raised. Nute indicated at the time the work was started on that property, the house was not framed. Curtis stated at the time she visited that property with the City Engineer, the house was framed and up. Curtis stated the recommendation was also contained on page one and page four of her previous report. Gaffron stated it appears the applicant was given three to four weeks notice of the requirement for the building permit. VOTE: Ayca 4, Nays 1, Mnrpby opposed. (Recess taken at 9:38 p.m. - 9:42 p.m.) MAYOR/COUNCIL REFORT The Mayor/Council report follows Item 14A. PAGE 19 U i. I ''I MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, May 9,2005 7:00 o’clock p.m. PUBLIC SERVICE DIRECTOR’S REPORT *11. CHANGE ORDER #2 - LEE CARLSON BASEBALL FIELD TRAIL PROJECT McMlUaa laoved, Pctcnoa tccoadcd, to approve Ckaage Order No. 2, Lee Carlsoa Baseball Field Trail Project for DMJ CoatractlBg, Medlaa* Mlaacsota, la the aaiouBt of S22,498J2, to be funded from the 2005 Maaldpal State Aid Faad Badget with approval of a budget adjustmeat to reflect this espeadltarc. VOTE: Ayes 5, Nays 0. *12. ACCEPT QUOTATIONS > 920 BROWN ROAD SOUTH SEWER EXTENSION McMUlaa moved, Petersoa secoaded, to accept the quotatioa la the anwuat of $10,402.60 from EJ Mayer’s lac., Corcoraa, Miaaesota, for compledoa of the 920 Browa Road South Sewer Exteustoa project wM project fhadlag from the Sewer Fuad aad approval of the appropriate year 2005 badget adjasttaeat to reflect this expeadltare. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *13. 2004 GENERAL AND SPECIAL REVENUE FUNDS BUDGET AMENDMENTS AND TEMPORARY LOANS McMIlaa amved, Petersoa secoaded, to approve the 2004 badget anKodmeuts for the General and Special Revcaao Fuads as oatMaed ia the May 9,2005 Fluauce Director’s report, aad the temporary loau of $115,000 from the Geaeral Fuad to the Mualcipal State Aid Fuad, effective December 31,2004. VOTE: Ayes 5, Nays 0. 14. COOPERATIVE AGREEMENT REGARDING THE ROADWAY PLANNED TO SERVE THE PARK RIDGE ACRES DEVELOPMENT IN MEDINA Moorsc addressed the City Council concerning the cooperative agreement that has been drafted regarding the roadway planned to serve the Park Ridge Acres Development located in Medina, noting that four Orono residences are affected by this development. Moorse indicated the two items that he is recommending some language changes to are Section 1.7 and Section 3.1. Moorse stated the only responsibility that Orono would have is for the portion of the roadway that is located in Orono and not the utilities. Moorse indicated the road comes to an end in a cul-de-sac, with driveways coming off of the cul-de-sac. PAGE 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, May 9,2005 7:00 o’clock p.m. (Cooperative AgreeoMat, Coatiaaed) Moorse stated discussion was also held regarding future improveaients to Townline Road and that he is suggesting some specific language be incorporated in the agreement reflecting that discussion on cost sharing. Moorse stated the language he is proposing be included is based on current estimates of $200,000 and the number of units that would utilize Townline Road. Moorse stated the cities also need to discuss how Townline Road may be changed in the future with the develt^nnent of Highway 12. White inquired whether those four Orono properties could potentially be without access to Highway 12. Moorse stated MN/Dot has agreed to provide funding to construct a road to serve that development. Moorse indicated diat money has to be encumbered by the end of June, and that in order for it to be encumbered, there needs to be a bid let for construction of that road. Moorse stated it is his understanding that the current access to Highway 12 would remain open until the new road is constructed. McMillan inquired ahat happens with the money if a bid is not let or awarded. Moorse stated the money would not be extended. Moorse stated in order to obtain new funding, Medina would have to go throu^ another round of funding applications with MN/Dot. Murphy stated it is his understanding that if this is not completed by June JO"*, Medina would have to resubmit this and that the work probably would not commence until 2009. Moorse inquired whetfter dtere are any items contained within the agreement that the Council has any concerns with. Murphy inquired whether the City should enter into an agreement that binds future councils. Barrett stated procedurally Medina has agreed that this agreement would be a contract and that contracts can be made to bind future councils for a limited purpose for some reasrmable period of time. Murphy stated he is willing to discuss this with representatives from Medina to see whether the density issue can be resolved in some way. Murphy noted there is some disagreement on whether this road should be improved. Peterson inquired whether there is a possibility to meet with Medina representatives within the next week. Moorse stated it is his impression that a portion of the Medina Council would be able to meet with the Orono City Council sometime within die next week. Jane Slaughter noted Medina’s next council meeting is scheduled for May 17'*'. PAGE 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Moidayy May 9,2005 7:00 o’clock p.m. (Cooperative AgreemeaL Coattaaed) Miaphy expretsed a concern that the residents along Townline Road need to be informed that Townline Road could be made a through road. Murphy stated it is his understanding MN/Dot will not stipulate that this road will not be opened at some point in the future. The Council directed City Administrator Moorse to contact Medina to arrange for a meeting. Jane Slaughter indicated she has owned her property along Townline Road for approximately 20 years and that she has requested the City in the past to m^ the access across the railroad public and was denied. Slaughter expressed frus^ion that this matter has not been dealt with earlier. Slaughter stated die City has had five years to deal with this and has waited until two weeks before the project is scheduled to begin. White stated they have not seen a plan showing the density of the development until recently. Peterson noted that the current council members were not on the council when this was first brought up in 1999. Slaughter inquired why die density is a problem. Peterson stated the current property owners in this area purchased bigger lots with a five-acre minimum and are now looking at a d^elopment with much higher density. Slaughter indicated she does not have a problem with the higher density. Slaughter stated those property owners only purchased their lots and not the neighboring property. Slaughter inquired why those property owners* desires have more weight than her desires. Slaughter stated the City is not standing behind the documentation that they created. Barnett noted there wu some litigation concerning the Slaughter property’s access, and that it was determined that the City does not have right of access across the railroad. Barrett indicated the property Slau^ner purchased did not have p. ‘yv access and that she is attempting to resolve that. Barrett stated the City hM not violated any obligation it has regarding access to her property. Slaughter stated in her opinion it is at a standstill and not resolved. Murphy stated he did inquire where the City has been in this for the last six years and that the people that are present in this room have not delayed anything since 1999. Murphy indicated they have not been made aware of this until approximately six weeks ago. Sansevere stated they are not attempting to limit the construction of the road but merely the density along the road. Slau^ter pointed out that if this is not accomplished within the next couple of weeks, this project would be delayed for another five or six years. PAGE 22 . Ifr .LibiidL.. MINUTES OF THE OftONO CITY COUNCIL MEETING Maaday, May 9,2005 7:00 0’dockp.m. (Cooperative Agreemeot, Coatiaoed) Mufphy slated dw Council has to deal with the concerns of all the residents along this road and that the Council is attempting to address everyone’s concerns. Murphy stated he would prefer to see a lower density in diis development. Murphy stated the City is looldng at all their options to resolve this situation. Murphy noted MN/Dot is not going to close Townline Road until the other road is constructed. Slaughter pointed out she does not have legal access to get to the highway. Barrett steted dut is correct, she does not have legal access. Slaughter stated her access is the cartway to Townline Road and that she has been told she needs to wait on the cartway because a development is coming. Slaughter indicated the city would not defend the cartway across the railroad tracks. Barrett stated it is not clear whether the City has a right of access across the railroad tracks and that the City has never taken the position that it has a cartway across the railroad tracks. Peterson stated they hope to meet with Medina within the next week. Slaughter inquired how she could be better informed on some of these issues. Slaughter stated the Hickeys have not been notified of any of the hearings even though they are within the required distance of the driveway that needs access to die end of the cul-de*sac. Gaffron stated notification was given to properties according to city code, which requires that properties within 350 feet fiom the road that is being platted be given notice. Gaffron stated one of the neighboring cities has chosen not to notify residents of the neighboring city of projects that are happening within their city boundaries. Slaughter indicated the Hickeys use a driveway across her property. Jim Dillman requested the Orono Council relay to members of the Medina Council that even if the density is not reduced, Orono would proceed with the agreement. Moorse stated that is one of the reasons for the meeting and that the Orono council members present at that meeting would be able to express their thoughu on it. McMillan stated she also is frustrated by the lack of time to finalize these issues. McMillan stated in her opinion this development is out of character widi the rest of the neighborhood and that it unfortunately did not come to their attention until it reached the final plat stage. McMillan stated she is hopeful the meeting with Medina will be productive and that these issues can be worked out PAGE 23 i I e-''- I -■t 1 • [■ : I I ■I MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday* May 9,2005 7:00 o’clock p.m. 14A. APPOINTMENT OF GOLF COURSE SEASONAL EMPLOYEES Marphy aMvod* Saaicverc Mcoadod* to approve the appoiatmcat of Lloyd Schacldcr, Tom Joacs, PklUp EMom u |olf coarse leasoaal employees at tke proposed wage rates oatUaed la the May 9,2005 City Adadaistrator’s Report aad aader the applicable provisloas of the PERA rales. VOTE: Ayr '.NaysO. MAYOR/COUNOL REPORT Mufphy reported he attended the Minnehaha Creek Watersh :d District meeting where a presentation was made to the attendees at the meeting asking them to assist Crono with the Big Island veterans camp deal. Muiphy indicated the parties in attendance agreed in principal to do that and that Staff is preparing the necessary documents to accomplish that. McMillan noted a couik U work session has been scheduled for Thc^day, Msy 12th. McMillan suggested some information be contained in the City’s newsletter regarding the City s ordinances regulating retaining walls and boulder walls within the 0-7S’ zone. CITY ATTORNEY’S REPORT None *15i UCENSES SPECIAL EVENT PERMIT 1. Applicant: Bill and Kristi Anderson Event: Block party with music Location: 1408 Baldur Park Road Date: Saturday, May 14,2005 Time: 7:00 p.m. - midnight 2. Applicant: Dennis Nelson Event: Wednesday Evening Bassin’ - Bass Fishing Tournament Location: Wayzata Marine - Maxwell Bay June 8, June 22, July 6, July 27, August 17, August 24, September 7, and September 14,2005 4:30 p.m. - sunset, Wednesdays Date; Time: McMUIaa iMved, Petersoa seconded, to approve the above special event permits. VOTE: Ayes5,Nnys0. PAGE 24 11 III iiibtiiBiifcTimi MINUTES OF THE ORONO CITY COUNCIL MEETING MoBday» May 9,200S 7:00 o'clock p.m. *10. BILLS Mc MU bs Bovod, PotanoB locoadod, to approve payacat of tkc All Funds account VOTE: Ayos5,NaytO. ADJOURNMENT Peterson moved, White seconded, to adjonm the Orono City Councii meeting at 10:29 p.m. VOTE: AyesS,NaysO. ATTEST: Lin Vee, Orono City Gerfc Baibara Peterson, Mayor ? S' \ MINUTES OF THE CONTINUED ORONO BOARD OF APPEAL AND EQUALIZATION Moiday, May 9,2005 6:30 o’clock p.in. mat ■"‘'G CllY ^~^Q0S ROLL ODtQ The Orono Board of Review met on the above date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Lili McMillan, Bob Sansevere, and Jim Murphy. The following represented City Staff: Hennepin County Appraiser William Davy, and Recorder Jackie Young. Mayor Peterson reconvened the Board of Appeal and Equalization to order at 6:38 p.m. APPROVAL OF MINUTES McMUaa BMvcd, White aecoaded, to approve the mlaotcs of the Orono Board of Appeal and EqnaHzation as snbmHted. VOTE: Ayes 4, Nays 0, Sansevere Abstained COUNCIL ACTION ON ASSESSOR’S RECOMMENDATION Davy stated since the last Board of Appeal and Equalization thirteen properties have been reviewed by the Tax Assessor’s Office and the recommendations of the assessor for those properties are before the Council tonight. Erickson stated his wife informed him that the Assessor’s Office called and that his valuation would not be changed. Erickson indicated he did not receive a letter from the Assessor’s Office. Erickson inquired whether his valuation is based on the house that sold recently for $985,000. Erickson noted that house was completely gutted and rebuilt three years ago. Erickson commented he is forced to have 12S feet of lakeshoie and is not able to sell off the adjoining lot because a previous council has deemed it to be unbuildable. Erickson indicated if he is to be taxed on that lot, he would come in before the Council and request a building permit for that iot. Erickson indicated he understends the need to raise taxes periodically Imt that the increase in his valuation is excessive. Murphy inquired whether someone from the Assessor’s Office visited the Erickson property. Davy stated Tom Kunick from the Assessor’s Office did visit the property. Davy stated based on previous sales, the valuation of the homes in the Shadywood area have increased substantially. McMillan noted the \alues for this property have increased from $730,000 to $875,000. Erickson stated the City in the past has refused to grant a building permit for that additional 65-foot lot and that it has remained grassland. Erickson stated the reason the two lots are listed on one tax statement is that his f* iter, following World War II, asked to have both lots listed on the same tax statement to reduce tlv amount of work that the city clerk at that time had to do. Erickson indicated at the time he requesteo a building permit for the adjoining lot, he was denied because the two lots were listed on wie tax statement. PAGEl j| t.: St MINUTES OF THE CONTINUED ORONO BOARD OF APPEAL AND EQUALIZATION Moiday, May 9,200S 6:30 o*clock pjn. McMillan stated in her view the adjoining lot adds to the value of this property. Erkkson pointed out that he was told hy the City he needed 100 feet to obtain a building permit and that the adjoining lot wu considered unbuildable at that time. Erickson stated in the future it is possible that someone might choose to purchase both lots, combine diem, and construct a new residence, which would increase the value of the lot. Davy stated the land is valued as a single building site. Muiphy indicated the aerial photograph depicts that the house is straddling the adjoining lot. Erickson stated die lot line is about ><K,*hes from the existing house and that the house and garage are located on Lot 4 and the driveway is located on Lot 3. McMillan noted this lot is much bigger than the other lots in the area and that the two lots are being assessed as one lot. Davy stated he would not argue that die majority of the house is located on Lot 4 and that the lot lines on the aerial photographs could be slighdy ofT. White inquired whether the lot the house is located on is 65 feet wide. Erickson stated the empty lot is 65 feet wide. Davy indicated dieir records show both lots as being 60.1 feet on the s^t side and 60 feet on the lakeside. Muiphy inquired how Lot 3 could be the larger lot. Erickson stated a long time ago in the early 1900s someone purchased five feet from Lot 2. White inquired how many comparables there are for this property. Davy stated there have been several sales in the Shadywood area, but noted those lots are smaller in size. Sansevere inquired what the average sale price of those homes has been. Davy indicated they have sold in the S900,000 range. Sansevere inquired what the value of the empty lakeshore lot is. Davy stated the first 50 feet is valued higher, with the next 50 to 100 feet valued between two to three thousand less per foot. White pointed out you cannot purchase 50 feet and construct a house on it. PAGE 2 vl MINUTES OF THE CONTINUED ORONO BOARD OF APPEAL AND EQUALIZATION MoMlay, May 9,2005 6:30 o ’clock p.ni. &idoon reiterated the Council denie<‘ a building permit a while ago for the adjoining lot. Erickson commented at some point in the future the larger lot will be worth more but that he has no intention to sell at this point in time. Peterson inquired whether that lot woi Id be considered substandard. Moorse stated the property owner woi Id not be able to divide it into a lot that would be very substandard. Moorse indicated yean ago the Council determined that the property should not be divided into two 60*foot lots. Erickson stated both lots were liste J on one tax statement for the convenience of the city back in the 1940s. Saasevere inquired whether the Assessor ’s Office takes into account the fact that sometimes people pay too much for a particular piece of property, which would artificially raise the values in the area. Davy stated the Assessor ’s Office on each sale reviews the CRV, the MLS information, and the length of time that the particular property remains on the market. Davy indicated it is very rare where he feels that someone hu overpaid for a piece of property, and noted that there are foree or four properties that have sold in diis area and have set the range for lakeshore lots in the neighborhood. Peterson stated the Council should consider sending this matter forward to the county. Murphy stated the bottom line is that this lot is approximately 120 feet wide and that it has to be assessed as a larger lot. Erickson inquired what would happen if they were listed on separate tax statements. Murphy noted that is not the situation in this particular case and that the City has to look at it as one parcel. Davy stated in his opinion the two lots, if taken individually, would probably be valued higher than if they were valued as one lot. Peterson concurred that the Council must look at this property as consisting of 12S feet of lakesho-e. Murphy suggested that a detailed history concerning the two lots be compiled, noting that if they are considered as two separate lots, the value may be increased. Erickson stated if they are considered as two separate lots, he should be allowed to construct a house on the adjoining vacant lot Davy stated Erickson would need to contact Heimepin County and request to be put on the agenda if he wishes to appeal the CouiKil ’s decision. PAGE 3 Ti MINUTES CW *f iiE CONTINUED ORONO BOARD OF AmAL AND EQUALIZATION Mo^, May 9,200S 6:30 a*dock pjB. Marphy laovcd, McMIlaa tacoadMl, to accept the recommeadatioBi for Parcels 1 throagh li as oatllaed la the May liOS Hcaaepia Coaaty Assessor’s Office memoraadaiB. VOTE: Ayes4, Nays 0« Saascvere Abstalaed. I The Orooo Board of i^ipesl and Equalization wu concluded at 7:00 p.m. ATTEST: Lin Vce, Orono City Cleric ■V mm L rir I tita.2^2&a Barban Peterson, Mayor PAGE 4 --■asMst^ i •r ,f..i- <• /“ 'ff-r"' INFORMATION ONLY - NO ACTION REQUIRED COi To:Mayor and Council Ron Moorse, City Administrator ^AY ^ j ‘fMQ CTYo, ms •^OH Fron: Date: Mike Gaffton, Planning Director^/;/ May 20,2005 Sobjcct: Stonebay - Final Plat Approval for Final Phases June 13 Attached are the draft Final Plat drawings for Stonebay 3*^, 4"*, S"* and 6"* Additions, which incorporate all the remaining phases of the Stonebay development. Council will recall that the overall plan and layout was approved with the preliminary plat, but only the first phase of 2* story and ramblers in the east half of the site was final platted. The remainder has been divided into four separate additions for final platting now, to allow the developer to move forward. Most of the lots in the first phase have homes under construction or are spoken for. Preliminary staff review indicates that the final plats and the associated plan sets incorporate site plans identical to the layouts approved in the preliminary plat. The four remaining phases are as follows: Stonebay 3"* Addition* 6 units (1 double 2-story TH, 2 double rambler THs) Stonebay d*** Addition: 17 units (4 double ramblers, 3 triple ramblers) Stonebay S"* Addition: 19 units (S triple 2-story THs, 2 double 2-stories) Stonebay 6"* Addition: 4 units (2 double ramblers) Also attached is the draft design for the small bridge over the wetland just northwest of the central circle drive. The bridge will be precast with a cast stone face look, colored gray to match the granite stonework throughout the site. The final plats will be presented to Council for final approval and resolution adoption on June 13. No public hearing or Planning Commission review is required, as the preliminary plat has already been approved, and all plan details submitted appear to conform with the preliminary plat approvals. Home construction within each of these phases v/ill be allowed once the final fees have been paid and plats filed for each phase. This is brought to Council for information purposes only at this time. However, if Council has any questions or issues regarding Stonebay that need discussion or further information, please advise staff as soon as possible to expedite final approvals at the June 13 meeting. Attachmeals - Steve Johnston transmittal letter dated April 26,2005 - Overall final plat layout and individual final plat drawings - Bridge elevation view and detail - Overall site plan (ftom preliminary plat stage) i AprH 26.2005 LANDFORM Mike GafTron City of Ofono 2750 Kelley Parkway Orono. MN 55356 RE: StoneBay 3"*. 4“*. 5*' and 6'*’ Additions Dear Mike. Attached you will find final plats and plans for the 2 ”* phase of StoneBay. This phase has been broken up into four plats to meet market conditions. The 3” additbn represents the 6 lots that are buildable without any additional infrastructure. The 4 addHion contains the rambler lots along Bridgewater Drive. The 5"' additiori is the remaining two stories arni the fi** addition is the four lots that access Willow Drive. By splitting these into separate plats the developer has the ability to quickly react to market corxfitions without bringing any extra lots on line. The construction plans have been relabeled to match the plats and reflect work that has been completed, but otherwise generally match the plans previously approved by the City and it’s consultants. We did slightly modify the alignment of Bridgewater Drive to address Tom Kellogg ’s ooix^ms with t^ tight radius at the south erb of the bridge. The landscape plan has not been modified and therefore is not included in this package. We have included plans for a bridge over the wetland as required by the watershed Per our earlier discussion we are assumirrg that this application will be reviewed by staff and then sent on to the City Council, by passing the public hearing process. If you need any further information, feet free to contact me. Sincerely. LANDFORM* . Johnston. PE Engineer COPY: John Terrance Homes, LLC ENCL: Final Plat and Plans for StoneBay 3^, 4 , 6*' and 6** Additions eso butler north building sio first avenue north Minneapolis, mn ss403 OFFICE 612 2S2.6070 FAX 612 252.907 7 www.landform net ____I Mm • V- ,'■ • -' =; ^■'*-'\. •‘•V.*- .A <-* r. **^ p-r .: :. Ik d 5r?-r ’am,. ^gass?i ■ y-: «^'- *3^. ■mm STONEBAY THIRD ADDITION CR DCXI NO kMm jux ruBu\s iiv niui. ruson 2!il«^ ^ wSTSwrtit tiMU b iM Cmh tf nimm* k« ^ II—■■! i«M ii^u>Aumii»«—i^pn^K •M «| i—H «r UM*. 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Cmmtt Im<> w to_------------------- ivAttofMA ito**li » to to to fiNMMy ito to 0sIf fiiWNur Mi-iii aimvikm »w amm to*tOm to s ,IOf^ _.S _ iftoii __ 14 HAMHALL fiVIITMDfT CCMMUTIQII ■TATtor^ccurnnoT mm Ms 10^* totoi to M *r . _Mto to*^ fto I tow Mtotoif Ml itotol to iMt fMtorf to tot 0s m rrUMAY »TTM AmTOC to* to* 0s • • iwto MWtototo* to to toito 0S * Otowto to fMto to • to4 to* Si MMwtoi I • to MtoS w SWM • «to to ptoto to itototo A* to Sto p Inptoto w to 0s MS to* toii to* w IMS. MS t. to ftoto 1*0*111)1 to to t " Iff 99 \ s#rfj*if*f w-.... SOfTM tto ttoil hrtJ 3C1 MKtro'f »-aHT nr vtA’* ?".•]:* •CALI m •TATI or cotonror Ito tototo <«_____ towtoMf M ill topw I.M ■I Mi Ktotoies SIC ^«itoio •/! toto 0to» to ^ sStott to! Iftto • BitoiO ropto *A toto to LANDFORM iTI. JtiO ♦ f* • -‘----------- o^rr* » p/e4« L 'P f i I ^ •'•■•» J*I ' MkM^V «%•« ^ /\' ^t;\ . \ / ««. >-2 /V «f1Ui« it« vaff«M0 ••nwj iMi vJ''7 '^1 I ^ '------ 1 \ \ — MMT. ^.5------------------ ly iTTj.i-, /=*•</■ ( I L Ji m ■ '';V-/)iL ! I /yl' I f I • •fflTMAJt »«a4 ir»#j -/I ------------ C*C»t»au |!»»4 «M> cjn ^ ^iaSTit^T ucx^ •»>«a *c.»n «*Olft»«N l»^,“ iS2;n.n.'iL >v 1 Date Applkatioii Rccdvcd: 09-22*M Date AppUcation Complete: ll-tl-M 60-Day Review Period Eipiratioa: Ol-Ol-OS Eileaaloo: 05-16-05 Or»i City 2005 0^'Q REQUEST FOR COUNCIL ACTION Date: May 18,2005 Item No. (/) DcpartaiORt Approval: Nine: Melanie CuHis Administrator Approvai:Agenda Section: Title: City Planner Item DcscriptioH: #04-3060 - Michael ft Donna Ebertz - 1220 Tonkawa Rd - After-the-Fact Conditional Use Permit ft Variances Zoning District: Lot Area: LR-IB, One Family Lakeshore Residential, I acre 1.07 acre (46,710 s.f.) List of Exhibits: A. Resolution per Council Decision B. Council Action Notice 05-10-05 C. Draft Council Minutes from 05-09-05 Application Summary: The applicants are requesting after-the-fact approval of a hardcover variance and conditional use permit for grading and retaining walls within the lake yard. The aj^licants* plan shows 134 s.f. of additional hardcover (retaining walls) within the 0-75’ zone. This application was approved at the May 9"* Council meeting stipulating the removal of an 800 s.f. gravel path to the lake within the 0-75’ zone. The applicants’ chose to remove the gravel path rather than smaller lakeside decks. Planning Staff Recommendation Approval of the attached Resolution. COUNCIL ACTION REQUESTED Approve or amend the attached Resolution. .0 *U T : t . '! i f • ■ ;Ji K A RESOLUTION GRANTING VARIANCES ______ TO MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-1286 FILE NO. 04-3060 WHEREAS, Michael J. Ebertz and Donna R. Ebertz, husband and wife (hereinafter **the applicants”) are the owners of the property located at 1220 Tonkawa Road within the City of Orono (hereinafter the “City ”) and legally described as follows: That part of Lot 9, Auditor’s Subdivision Number 217, Hennepin County, Minnesota, lying southerly of a line parallel with and 125 feet southeasterly at right angles from a line described as follows: Beginning at a point on the easterly line of County Road No. 135 distant 1141.25 feet southeasterly along said easterly line from its intersection with the North line of Lot 10, said Auditor’s Subdivision; thence northeasterly 143.2 feet to a point distant 1004.29 feet south at right angles from the North line of said Lot 10; thence continuing northeasterly on the extension of the last- described line to the shore of Maxwell’s Bay, and there terminating, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for variances and conditional use permit to Orono Municipal Zoning Code Section '7g. 1288 and Section 78-1286 to allow retaining walls within 75’ of the OHWL of Lake Minnetonka requiring hardcover variances for the 0-75’ zone and a conditional use permit to allow grading within 75’ of the OHWL. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 404-3060. The property is located in the LR-IB, One Family Lakeshore Residential District, which requires a minimum lot area of 1.0 acres. The applicants’ property is 1.07 acres in total area. Page I of 6 5. m-. . ^ A* The Planning Commission reviewed this application at a public hearing held.on.November~.lS, 2004.and recommended approval of hardcover variances and a conditional use permit based on the following findings: a. The square footage of the new retaining wall within the 0-75’ zone is 134s.f. b. The applicants have agreed to remove a gravel path to the lake consisting of 800 s.f. of nonconforming hardcover within the 0-75’ zone. c. The retaining walls within the 0-75’ zone will assist in reducing erosion of the property’s lake yard slope. d. The total reduction in hardcover for the 0-75’ zone as a result of this approval is 666 s.f. for a total 0-75’ zone hardcover level of 2,781 s.f. or 8.3%. e. The 0-75’ retaining walls should be shielded from views from the lake by vegetative screening. The City Council has considered this application including the findings and reconunendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the ^ning Code and Comprehensive Plan of the City. Page 2 of 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants hardcover variances and conditional use permit to Orono Municipal Zoning Code Section 78-1288 and Section 78-1286 to allow grading and retaining walls within 75’ of the OHWL of Lake Minnetonka and a hardcover variance for the 0-75’ zone to allow retaining walls, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75’ zone shall not increase above the level of 2,781 s.f. or 8.3%. The applicants are advised that this non-conforming hardcover is counted towards the 75’-250’ zone hardcover allowance when determining allowable amount per zone. Hardr jver in the 75’-250’ zone shall be limited to 4,137 s.f. or 30.9% per the proposed plan and hardcover allowance summary as depicted on Exhibits A and B. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of hardcover shall be completed prior to issuance of a building permit for the retaining walls and no later than July 31,2005. 5. The applicants must obtain a building permit for construction of the retaining walls. 6. The retaining walls within the 0-75’ setback zone shall be shielded when viewed from the lake by vegetative screening. 7. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building Page 3 of 6 A permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (May 23, ^). ---------------- ------------- --------------------- ---------------- 8. Violation of or non^mpliance 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. 9. The undersigned ai^licants have read, understand and hereby agree to the terms of this resolution and on behalf of the qrplicants and die applicants* 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 23"* day of May, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) iL„, Page 4 of 6 Mm. -f . ’ ‘Uld V- STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23"* day of May, 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 STATE OF MINNESOTA COUNTY OF HENNEPIN municipal corporation and said instrument was executed on behalf of the City. "■•I 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 Notary Public Page 5 of 6 tm I i T Ti~l I T I .J wm v' - •'■( :••■' ■•'■ - ;=.••>: •.- .i'- STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment was acknowledged before me diis__day of by Michael J. Ebertz, husband of Donna R. Ebertz. .2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Donna R. Ebertz, wife of Michael J. Ebertz. day of.,2005 Notary Public w. r- ! Page 6 of 6 -iJ ■'v;: . .■. • ••. :i J v: .;.^:. '•'•'.■• -^ .• •V-*-, <: ; r’ ' . •!. H’ ■ :. r CITY OF ORONO 27S0 Kelky Parkway P.O. Box 66 Ciyital Bay, MN SS323 (9S2) 249-4600 ZONING FILE 04-3060 NOTICE OF COUNCIL ACTION DATE OF NOTICE: May 10,2005 TO: Michael A Donna Ebcrti 1220 Tonkawa Rd Long Uko, MN 55356 COPIES: TYPE OF APPLICATION: Aftcr-thc-Fact Variance & CUP* DATE OF MEETING: May 9,2005 VOTE: 4 FOR 1 AGAINST Motion: To approve the after-the-fact variance and conditional use permit for 134 s.f. of lakeshore retaining walls and grading as proposed on the landscape plan dated 12-04-04 by Cynthia Kist with the stipulation that the gravel path to the lake be removed (800 s.f). AppUcanPs next schcdalcd meeting for Resolution approval is confirmed as: City Council - May 23,2005 - Meeting starts at 7:00 pm 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 Planner, at 9S2.249.4627. i '* . 0 ■ : •* r’ I . . V r . If"' 'liw A ■ / 1 i eXHIB/T & 3. #04-3060 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD - AFTER-THE- FACT CONDITIONAL USE PERMIT Michael Ebertz, Applicant, was present. Curtis stated the applicant is requesting after-the-fact approval of a conditional use permit in order to construct a boulder wall, re-grade the lake yard, and a hardcover variance due to the iqcrg|se in the A hardcover percentage with the square footage from the proposed rock walls^flie^pplicaqt Is proposing ----------------------------------------------------------------------- -------------------------------------------------— --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ■ ■ ..................................................................... to increase the hardcover within the 0-7S ’ zone from 7.84 percent to/^i^Tpercent. ^ V . This application was tabled at the December Council meeti ntLife drder to allow for a site inspection in the spring by Staff to verify hardcover. Staff has conducted the sltb visit and reviewed the file history.\ The nie reflects that the previous owner made viffliSun to thd'Cjty u^pprovals were grant requiring specific hardcover removals at diffe^^ht tinm for a gravel driVeWdy, a lakeside deck and grad level lake deck, and a sh '•'■■’ilk•lutions gr^Hmg the apprpVals and requiring the removals were never signed and were allo\^ to expifV? ' Staff feels that certain harj^^jftTer iteihsjvithiVthe 0-JS* zone are excessive and unnec nonconfo ’lanning vJomml K Staff would recommei '.U ;0*75 ’ zone. To one or three td^M^removal of Idfir Curtis noted there is currently 2,612 that e^'al^pSmoKnf existing 0-7S* zone hardcover be removed t the additions in h^M^dVef caused by the rctainmg i^ails. squaro^et of hardcover in thdO-7S ^;^ne, which includes a 683 square foot portion of the house. ■-•a . V ^ M • ( a., a - a ____» aEbertz sta^ their intention wa^ Hbt to'lM^ hardcover but merely to decrease the erosion by adding the bouidersl^'they did not reiili/' that m^^ould be considered hardcover Ebertz indicated they have revised their origiMl plan Murphy inquired wW^r the 'aMlicant has submitted a revised plan. Curtis stated a plan hasi^ liem submitted, and recommended that some direction be given to the applicant on the amount of hardcover that would be allowed. Ebertz stated they would be willing to .-rmuve the sane amount of hardcover that would be added. Ebertz indicated they are willing to follow the Council ’s recommendation, but noted that the house is relatively small, consists of two bedrooms, and (hat some point in the future they would like to expa^thc residence. Ebertz reiterated their intention in adding the boulders was to eliminate^i^rosion. McMillan inquired whether the applicant is interested in retaining the graveLntf i to the lake. McMillan at the lake.noted Staff has recommended removal of the gravel path, the shed, and Ebertz indicated he does use the gravel path to bring his boa|s W down to the f^e and that he does —..........................—......................................................................................- ■ ................................................. currently use the decks at the lake. Ebertz stated in the futu^ they ^youid like to expand the residence and ^ Athat they would be willing to remove additional hardemr at ^at time. White noted there are two decks down by the lakeshorerad^^ested that one deck be removed. White suggested the applicant also consider adding a swimmingu^ to one of the existing docks. Murphy inquired what is required for^^tainiHW ^I in terms of integrity of (he shore. \ jsplays the Ci^^RUpeer has determined to be necessary.Curtis stated the ovei F* * ary » maintain the integii 6f the sHoreline. Murphy stated in hi Gafiron stated Staff tffiees wm the plan^fiittWiat 134 square feet has been determined to be necessary to hardcover on this lot. d and the decks are a good starting point for reducing Would likCMnle direction from the Council on the .imount of hardcover that should be ron stated there is 'dkikting hardcover in the 0-7S ’ zone that is not necessary, noting there are two platl^ins (hat are in poggcondition and a 4 ’ by 10’ shed (hat also is in poor shape. Gaffron stated in his ooinion^e shed and<|^ platforms could be removed. Gaffron noted there also is a gravel road that allows acc^lo thd like that could be removed. Ebertz inquire^vhat (he square footage would be for the platform. Curtis stated the total of the docks on the lake is 30S square feet. Ebertz stated he would be agreeable to removing (he two docks. Ebertz noted (hey do utilize the deck quite a bit and (hat he has some items stored in the shed. McMillan stated she would like complete removal of the two docks. Murphy inquired what the square footage would be for the shed, both platforms, and the gravel road. Curtis stated the total would be 11 SO square feet. Murphy moved, Pelersou seconded, to direct staff to draft a resolution for Application 10^7060, litional useMichael and Donna Ebertx, 1220 Tonkawa Road, granting of an after-the-fact <c3j^t permit in order to construct a boulder wall and re-grade the lalre^^f^, an^Jmtit^of a hardcover variance subject to the removal of hardcover equivalent to thftpmonnt of hardcover added to the site by the retaining wail, and ftirther subject to removal oftime existing ,4.5* by 10* shed and two decks. Ebertz staled those removals add up to applOxiHi^ely 3S0 squi^j^'and that in his view he is being penalized. Ebertz noted one of the decks id Used on a^|uU^basidwd that the deck is one of the reasons why he purchased the irfSpef^Ebertz noted the dec re-stimed in the past and is scheduled for re-staining again in ^ near fumre. Ebertz stated jj^ould ratl^forego the retaining walls than removeu j the deck. Ebertz st|llfihhere i^n expense an^iated with removing the deck and that the removal of the deck wouj noted a large poi f.rj llije.bfthI !f^. 'aware that boulders are no||yi)^gd in that area. Whit^iuggested the road w removed, one deck, and the shed. White stated the runoff from the gravel road is I ugger issue thai) runoff from the deck. property is located within the 0-7S’ zone. Ebertz stated he was not Ebertz stateQ|these iterM were on the property prior to when he purchased it and that in the future he would like to exoado^lhe residence and at that time he would like to trade some of this hardcover for the addition to the house. Sansevere stated in his opinion the gravel road should be removed. White stated when the applicant decider to add on to the residence in the future, he will not be allowed to construct within the 0-7S' zone. Murphy withdrew his moliou. — 1 White Moved, McMIUao lecooded, to direct etaff to draft a resotatioa for Applkatioa 304-3060, Michael aad Doaaa Eberta, 1220 Toahawa Road, eraatiaf approval of an after-the-fact conditional me pennit in order to allow 134 feet of the bonlder retainini wall to remain as designated by the City Engineer and re-grading of the lake yard, and granting of a hardcover variance subject to the removal of the gravel road consisting of 800 square feet down to the lake. Murphy inquired whether the shed should also be removed i - ' - Dtic Application Received: 03-23-05 Dale Applicalion Complete: 04-13-05 60-Day Review Period Expiration: 06-13-05 p j C, ^ %Ok 0^0/ REQUEST FOR COUNCIL ACTION Date: May 19,2005 Item No. Department Approval: f Name: Melanie Curtis |Uy/ Title: City Planner Administrator Approval:Agenda Section: Item Description: HOS-3103 - Jack & Karl Olson - 1699 Shadywood Rd - Variances Zoning District: Lot Area: LR-IC, One Family Lakeshore Residential, 0.5 acre/100’ 5,630 s.f. (0.13 acre) List of Exhibits: A. Resolution B. Council Action Notice dated 05-10-05 C. Council Memo of05-04-05 D. Draft Council Minutes Application Summary: The applicants are requesting a number of variances in order to construct a 20’ x 22’ detached garage on their property to replace a one-stall tuck-under garage which will be converted to living space. The following variances are requested: 1. A rear yard setback variance for a 11.5’ rear setback where 15* is required; and 2. A hardcover variance for 45% within the 0-75’ zone; and 3. A structural coverage variance for 30.3% or 1,711 s.f. structure where 1,500 s.f.(= 26.6%) is normally allowed and 23% currently exists; and 4. A principal building setback to allow a 5’ setback between the garage and the home where a 10’ setback is normally required; and 5. A lake setback variance to construct a detached garage within 75* of the lake; 'he applicants’ entire property is within 75’ of the lake. Planning Commission Recommendation On April 18, Planning Commission voted 6-1 on a motion to deny the structural coverage variance with Ute recommendation that the 1,500 s.f. structural coverage maximum be met with a home addition located no nearer the lake than the current structure. Council Action on May 9'^ A 20’ deep x 22’ wide detached garage was approved at the May 9''* Council meeting. A resolution has been drafted to reflect that decision. PtoMbigStaff Rccomncadation Adk>pt the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. -r," r'- ■«L-’ V .»-- !£„•••••••• ••■=• ■ *■ : -’\r •. • p.,t ■ A.: • ■•■•:•? f.t. Vc.K.: j •v^V >. A -•:!■■' ; • :r m-- 'M-A: \ I ■ r t f ^ • •le. v;* Vaw: ’- ■ -/‘V ■' ^ A * •■ ^'. --P ' . ^ ;■ *'. A .*.•%> -s 5:=: • V.V vtv iiiiilmmm:m:WM : J \ RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288,78-1403, AND 78-1438 FILE NO. 05-3103 WHEREAS, Jack R. Olson and Kari Olson, husband and wife (hereinafter **the applicants**) are the owners of the property locat^ at 1966 Shadywood Road within the City of Orono (hereinafter the *‘City**) and legally described as follows: Lot 36, Shady Wood, Hennepin County, Minnesota (hereinafter the “property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal 2^ning Code Section 78-1288 to allow a detached gurage to be located less than 75* from the OHWL of Lake Minnetonka where no stricture is allowed and 0-75* hardcover resulting in 48% where 0% is normally alloweu and 50% currently exists; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to allow a detached garage to be constructed resulting in 1,711 s.f. or 30.3% structural coverage on a property where 1,500 s.f. or 26.6% of structural coverage is permitted and 1,271 s.f or 23% currently exists; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1438 to allow a detached garage to be located 11.5* from the rear lot line where a 30* setback is required where the doors face the street. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as 2^ning File 05-3103. Page 1 of 6 2. 3. 4. The property is located in the LR-IC, One Family Lakcshorc Zoning District which requires a minimum lot area of 'A acre and a minimum lot width of 100’. The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of hardcover and setback variances in order to construct an addition for a garage resulting in no more than 1,500 s.f. of structure, and recommended denial of a structural coverage variance based on the following findings: a. The applicants ’ property is 5,630 s.f. or 0.12 acre in area and has 50’ in width. b. The property is located on a channel and is entirely located within 'he 0*75’ lakeshore zone. c. There is no additional land available for acquisition by the applicants to make the property conforming. d. The adjacent property has a 20’x 20’ detached garage and this proposal will not seem out of character with the immediate neighbors. e. The Planning Commission felt that the channel was a main waterway entrance to the City of Orono and recommended denial of the structural coverage variance as the appearance of increased bulk and massing was of utmost concern. The City Council has considered this application including the findings and reconunendation cf the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the hc^th, safety and welfare of the community. The City Council reviewed this ^plication at meetings held on May 9 and May 23, 2005 and determined that approval of hardcover, setback and structural coverage variances in order to construct a 20’ x 22’ detached garage resulting in no more than 1,711 s.f. of structure was appropriate, based on the following additional findings: a. The lack of a fimctional garage on the property serves as a hardship for 1 b. The detached garage will appear to lessen the appearance of bulk and massing when compared to an attached garage addition with living space above. W'.Jaaj c. The proposed garage will be shielded from views from the lake by vegetative screening. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1288 for 48% or 2,574 s.f. of hardcover within the 0-75’ setback zone, and Section 78-1403 to allow 1,711 s.f. or 30.3% structural coverage on a property where 1,500 s.f. or 26.6% of structural coverage is permitted and 1,271 s.f or 23% currently exists, and Section 78-1438 to allow a 11.5’ setback from the rear lot line where a 30 ’ setback is required where the garage doors face the street subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which arc not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0- 75’ zone shall not increase above the level of 2,574 s.f or 48% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants arc advised that any future requests to increase hardcover or change the nature of existing/approv^ hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 6 I i: r'' ->3 • i r~X- 'u < i-iA£»j ; I -■• '' f il ' aMW raspp' 3. An>licant8 shall remove all plastic or fabric liner material from the decorative tfiwtBftnpi* beds on the property to ensure their permeability as non-hardcover .....surfif^es. — Required removals of hardcover shall be completed by the footing inspection for the detached garage. The applicants must provide and City staff must approve of a landscape plan which will provide screening of the detached garage from the channel prior to the issuance of a building permit for the detached garage. The approved landscape plan must be implemented prior to a final inspection of the detached garage. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year cf the date of Council approvaJ, or the variance will expire on that date (May 23,2006). . 7.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8.The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the iq;)plicants 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 23^ day of May, 2005. ATTEST: Linck S. Vee, City Clerk Barbara A. Peterson, Mayor Property Oumerfs) Page 4 of 6 J STATE OF MINNESOTA COUNIT OF HENNEPIN municipal corporation and said instrument was executed on behalf of the City. The foregoing instrument was acknowledged before me on this _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota 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 the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 mmiMm i ? This instrument was acknowledged before me this__day of by Jack R. Olson, husband of Kari Olson. 1 ,2005 Notary Public This instrument was acknowledged before me this__day of by Kari Olson, wife of Jack R. Olson. . 2005 Notary Public 5 mm Page 6 of 6 if •1 ------------ -------'ilill liirtiiiii ri'iinniii ' t*By: FRANK R CARDARELLE; ANK a CARDARELLE 2; 941-3031 BS2-B41 -3030;Apr-13-05 1:51PM:Page 2/2 wnuTA Land Surveyor Eden Prairie, MN 55344 Survey For jack oi^nn 1966 Shadywood Road Orono, MN Book Page File 6399 rg^r&a-, , ■ - » CHANNKL West~fttr.l. /*y. 9zs f 7f /&'or & Fence *\ i ?3/.» I'M 7^7*^ % ,HV^ zy ^ A'M l^.tn \ \ Lot Area: 5630 sq.ft,' Deck Area: 350 sq.ft, l27Lsq.ft. 1 Prop.Concrete Walk Its*- sq.ft. .91 i"«30 )tes Iron Mon.Found ^flyV.13* ^ i 'ot.-i. r» ;»■* Ml ail t* • «M M «MMM NPNmMA acktop Dr:ye: IZOO'sqift. sq-ft.Total Hardcover: 2836 sq.ft Lot Coverage 50.37*EKistt(jg* Proposed S.r.,.:SW0 i,.n. - »WSF / ■i-Ot—^ riy Unnrf JLnmi ■I* M mm a«Ml . F» .! h 4 0*11 w I-g CITY OF ORONO 27S0 KcHcy Parkway P.O. Box 66 Crystal Bay, MN SS323 (962)249-4600 ZONING FILE OS-3103 NOTICE OF COUNCIL ACTION DATE OF NOTICE: May 10,2005 TO: Jack 4k Kari Olson 1966 Shadywood Rd Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: VariaicM DATE OF MEETING: May 9,20t5 VOTE: 5 FOR 0 AGAINST Motion: To approve variances for construction of a 20*x22* wide detached garage in conjunction with hardcover removals as proposed. Applicant's next schcdnicd meeting for Resolution approval is confirmed as: City Council - May 23,2005 - Meeting starts at 7:00 pm 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 C vtis. City Planner, at 952.249.4627. m. mm ' -5ri^ ■r /d wmm BdviU'f C Date Applkatton Received: 03-23-OS Date Application Complclc: 04-13-05 60-Day Review Period Eipiration: 06-13-OS REQUEST FOR COUNCIL ACTION Date: May 4,2005 Item No. Dcpartmeat Approval: Name: Melanie Curtis Title: City Planner ~ Administrator Approval:Agenda Section: Item Description: #05-3103 - Jack & Kari Olson - 1699 Shadywood Rd - Variances Zoning District: Lot Area: LR-IC, One Family Lakeshore Residential, 0.5 acre/100’ 5,630 s.f. (0.13 acre) List of Exhibits: A. Applicants* Revised Plan B. PC Action Notice dated 04-19-05 C. PC Memo & Exhibits of 04-12-05 D. Draft PC Minutes Application Summary: The applicants revised their initial request prior to the Planning Commission meeting, and are now requesting a number of variances in order to construct a 20’ x 20’ detached garage on their property to replace a one-stall tuck-under garage which will be converted to living space. The following variances are requested: 1. A rear yard setback variance for a 11.5’ rear setback where 15’ is required; and 2. A hardcover variance for 45% within the 0-75’ zone; and 3. A structural coverage variance for 29.6% or 1,671 s.f. structure where 1,500 s.f.(= 26.6%) is normally allowed and 23% currently exists; and 4. A principal building setback to allow a 5’ setback between the garage and the home where a 10’ setback is normally required; and 5. A lake setback variance to construct a 20’ x 20’ detached garage within 75’ of the lake; the applicants’ entire property is within 75’ of the lake. Plauuiag Commission Recommendation On April 18, Planning Commission voted on the following three motions based on the revised request: 1. Approve lake and side setback and hardcover variances in order to construct an addition meeting 1,500 s.f. structural coverage limits. Vote: 2 - 5, motion failed. fciAillil1.Milii imhil^ * < i r . 2. Approve lake and side setback, hardcover aiid structural coverage variances for a 20 ’ x 20 ’ detached garage with hardcover removals. Vote: 2 - S, motion failed. 3. Deny the structural coverage variance with the recommendation that the 1,500 s.f. structural coverage maximum be met with a home addition located no nearer the lake than the current structure. Vote: 6-1, motion passed. Planning Staff Recommendation Planning Staff recommends the approval of variances in order to allow the applicants a total of 1,500 s.f. of structural coverage for a garage addition. Revised plans should be requested for Council review.-------------------------------------------- .................. - ............----------- COimaL ACTION REQUESTED Provide direction to aj^licants, and either table for further review or direct Staff to draft a Resolution reflecting Council’s decision. - 52;; wmm Exhibit D 7. #05-3103 JACK AND KARI OLSON, 1966 SHADYWOOD ROAD - VARIANCE 1 Jack and Kari Obon, Applicants, were present. Curtis stated the applicants are requesting a number of variances to consihict a 20’ by 20* r*-'*' detached garage on their property to replace a one-^all tuck-under garage that will be converted to living space. The following variances are being requestra' rr •V '* • .■.-‘- •t , -v* ' a .I. t . .**• *****i*. * / I. A rear yard setback variance for a 11.5 foot rear setback where IS feet is requited; and 2. A hardcover variance for 45 percent within the 0-75’ zone; andj,;i^^ 3. A structural coverage variance for 29.6 percent oir 1,671 square foot sb^cturc where 1,500 I , ' is normally allowed and 23 percent cUrrmtIy exults; 4. A principal building setback follow a S-fooi ^back be^n the garage and Die ht me where 10-foot setback is nomtiu^ ieq’&iit^; and 5. A lake seid)^ variance to construct 4 20’ by 20’ detached garage within 75 feet of the lake. - * - . *<■ . Ciirtis rioted the aprili^ts' mtire properly is located within 75 feet of the lake. * « . ' . * I . * jjftiiie Planning Commission vo^Vl to deny the structural coverage variance witli the recomiriendation that the I,s|l6 square feet structural coverage maximum be met with a home addition locUed no nearerIhe hike than the current structure. a* L ..r<r-•( ^ Staff recommends approyu) of the variances In order to allow the applicants a total of 1,500 square feet of structural coverage for a garage addition. Jack Olson addressed the Council regarding his request. Olson noted due to the size of the lot, they are limited In the size of Ihe structure they are able to construct and have reduced their plans from a 22’ by 24’ garage to a 20’ by 20’ garage. Olson staled a garage is a necessity L given the Minnesota climate during the winters and that they are requesting the least amourit of structural coverage necessary. Olson indicated in their view they arc experiencing a hardship due to the lack of a garage. Olson stated they are proposing to construct the new garage over existing blacktop and arc agreeable to removing any hardcover that is not necessary, i Ouon s^tdd.they are financiallyf-v unable to reconstruct their residence in order to add!ai garage and meet the 1,500 square foot requirement and that they Find it necessary to request a structural coverage variance, ; Olson slated by approving their application, it would prbvide a safer environment for his family, allow the property to blend in with its surroundings, and reduce hardcover and runoff into the ^* * :* ' . 1 . lake. Olson requested the Council take into account the physical limHarions of the property when considering their variance request. t li.*®;?*-. Murphy indicated he has visited the sitb^^ihd that ^is lot is'imique given the proximity to the channel. Murphy noted this prqp^^ is boxed toluid small in size. Murphy inquired why they are pursuing a detached garagd,rather than an attaeli^ garage. Olson stated they are unf^ie V *^^!^ attached garage and are proposing a detached garage with a dodiwtl^iSid w^^^ alfa^lifg it^ier access to the house*‘v 'm Saim^re sta^ he is.unabttto recall utyotheir property on the lake where the backside of the TV faces the lake» atn] tnqui^ how the garage wo^ d look aesthetically from the channel, staled they would insefrt widows on the channel side and that they are willing to plant bitfhM to'haip screen the giiragei^ Olson indicated they would construct the garage to match the house. Mrs. Olson pointi^ out mere are also a number of trees that would help screen the garage from the channel. Murphy stated in his view there does not appear to be a hardship. Murphy commented the other lots in this area do have larger garages than what is being proposed here but that this garage would add to the amount of structure on this lot. 1 Leslie indicated he was in support of the application and that the main issue that was discussed at the Planning Commission was the amount of structural coverage on this lot and the fact that hardcover is usually not traded for structural coverage. Leslie indicated a concern was expressed for the amount of massing on this lot as it is viewed from the lake. Leslie stated in his view he would prefer to see a garage with some windows and bushes scr^iilg it rather than three vehicles parked on an asphalt driveway. < •■ Js.. White stated a 20* by 20* is really not a practicaf gaiapt ai^tliat a 22* by 22* garage is better able to accommodate two vehicles. White inquired why the gaih(^ could not be attached to the house Mrs. Olson stated to attach the garage is almost triple the cost • . . t Sansevere pointed out the Council has never in the past taken into'accOunt financialV considerations when granting a variance . I'F ' ■ ■■ Mrs. Olson inquired whether the Council feels it is itiionable to ask someone to spend $150,000 to odd ■ gitoge rather then $20,00$ to S'jO.OOO.^^g Sansevere stated he is unable fc,vbte for a variance simply ;|^ause it is the cheaper alternative and that the Council nt^i tb'rb^ih consistent in their decisions. • I, Mrs. QlsQh stahKr^K^.are in ne^qfii simple garage and that a two-stall detached ga^ge meets I I.. . l: '/Shnsevere inquired whether it'^ match the house. ‘4 .' ' bisbn atated it would match me house. % White,why the cosifo li^h the garage is significantly higher. Olson indica^J^w^fd be necessary to tie into the existing roofline, which increases the cost Michael Mischke, 1972 Shadywood Road, stated if the garage is attached, a foundation is required. McMillan inquired where the other vehicle would be parked if there is not room in the garage for two cars. i p L Olson stated they proposed a 20’by 20* garage to follow the recommendation of the Planning Commission. Mrs. Olson stated their driveway currently accommodates six vehicles. White stated in his opinion a person is entitled to a garage ai]d that he would prefer 22* by 20*. McMillan stated she has a concern that a vehicle would be parked outside if a 20’ by 20’ garage is constructed.♦* 4 • ‘ Peterson noted Staff is recommending a 20* by 20* ga^c but that she would prefer a 22* by 20* garage. A ■ ■, Peterson moved, White seconded, to approve a 22’ by 20* garage for Application tlOS-3103 Jack and Karl Olson, 1966 Shadywood I . V '"Z ' •4 . Mischke stated he has a 20’ by 20’ garau'and that He would recommend a 21 * by 21’ garage. i» vr ;Gaffron stated StafTs recommendation is for struchfre coverage hot to exceed ISOO square feet. f »• r y- GafRon pointed out a standard garage door is I wide.^G^ron stated pictures depicting Mr. Mischke*s garage show the Jimited amount of spibe available with a 20’ by 20’ garage. White indicated he is not opposed^ making the garage 22 feet deep and 20 feet wide. Olson stated he would prefer the width. Jurgm^stathd thd concefhof the Planning t^ihmission was the amount of structural coverage on /- &is.tbt and that the garage,^uld[ be redesigned to better meet the structural coverage limits. Mchfillan stated she also ha^i ticihcem with adding structural coverage on lots, noting that at .y' ■.•'• Isome poihflbis do reach their liihit. McMillan recommended that the motion also include the stipulation that no additftm coverage be allowed on this lot in the future. Peterson agreed td ahwiiiti her motion to include a stipulation on future structural coverage. Sansevere recommended some type of landscape screening also be included in the motion. Gaffron stated Staff would prefer to see a landscape plan. Olson indicated he would be willing to landscape the back of the garage. Pctenoa amended her motion to direct Staff to draft a resolution reflecting approval of a 22* by 20 foot garage for AppHcatioa 305-3109, Jack and Karl Olson, 1966 Sbadywood Road, subject to the submittal and approval of a landscape plan for the backside of the garage, and further subject to the condition that no additional structural coverage and/or hardcover outside the exteting footprint will be allowed bn tUb loit.' ‘ v f. ..............■. • ' .'1 Gaflron inquired whether a second story could be ad^ above this garage or house. Murphy stated the addition of a second story is for ftibire discuss!is fpr'ftibire discussion/* ' Gaflron stated direction could be given to the future council. • • • ’ ’ ' V * i \Peterson fkrther amended her motion to also require the hardcover rcmovab as proposed in Staff's report. White seconded the amended nfotion. VOTE: Aybi5, Na)^0. '■ -r' « L f /' *' r2^='QUtST C0hf^lC>t^^^*VM^i^i2^ A^c^/^t>4J0 ^Ajo 'yo TiWf^ ORT C«»Kire^T ^r6t>MCiiA U»^i-rsr 6C/AAJT *rt> 'ht^cMfC /T,,.^ 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of hardcover shall be compi*?'.cd by the footing inspection for the detached garage. 6. The applicants must provide and City staff must approve of a landscape plan which will provide screening of the detached garage from the channel prior to the issuance of a building permit for the detached garage. The approved landscape plan must be implemented prior to a final inspection of the detached garage. 7. Authorities granted by this resolution run with the property not with the applicants, 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 (May 23,2006). 8. 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 termiruUe any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the rqiplicants and the applicants’ heirs, successors and assigns, hoeby agree to the recording of this resolution in the chain of title of the property. Jt.Page 4 of6 1 5. Applicants are advised that the City Council intends that the level of structural coverage approved via this variance is the maximum that should be approved for this property, and future requests for additional structural coverage are not likely to be approved. ____________________[ r. Date AppIkaiioR Received: 03-23-0S Date Applicatioa ConiMered as Coaiplete: 03-30-05 60-Day Review Period Expires: 05-30-05 '' a# REQUEST FOR COUNCIL ACTION Date: May 18,2005 Item No. ^ Department Approval: Name: Melanie Curtis Administrator Approval:Agenda Section: Title: City Planner Item Description: #05-3106 - Brad & Cindy McDonnell - 1420 Baldur Park Rd - Variances Zoning District: LiOt Area: Lot Width: LR-IC, One Family Lakeshore Residential District, 0.5 acrc/100 width 9,580 s.f. (0.22 acre) 50’± List of Exhibits: A. Resolution B. Council Action Notice dated 05-10-05 C. Council Memo of 05-02-05 D. Draft Council Minutes Application Summary: The tq)plicants are requesting hardcover and structural coverage variances in order to construct an 80 s.f. covered porch entry in the place of an existing 76 s.f. deck Planning Commission Recommendation On April 18, 2005, Planning Commission voted 4 - 3 to recommend approval of the structural coverage and hardcover variances for construction of an 80 s.f. covered porch entry stipulating hardcover removals as follows: • All plastic and fabric liners from landscape beds, and play areas (if applicable) and • The “rock fire ring” as noted on the survey; and • An additional 250 s.f. of driveway hardcover. Council Action May 9th The hardcover and structural coverage variances were approved for the 80 s.f. covered porch at the May 9'*' Council meeting in conjunction with hardcover removals as follows: 1. All plastic and fabric liners fiom landscape areas; and 2. A rock fire ring; and 3. 250 s.f. of driveway hardcover. Planning Staff Recommendation Approve the attached Resolution. COUNCIL ACTION REQUESTED Approve or amend the attached Resolution. intliaiiiiWliRTlI r" ■ ft'- t 5.)':' V • ■ V A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1403 AND SECTION 78-1288 SUBDIVISION B FILE NO. 05-3106 WHEREAS, Bradley J. McDonnell and Cynthia S. McDonnell, husband and wife (hereinafter “the applicants”) are the owners of the property located at 1420 Baldur PaA Road within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 1, Block 10, Baldur Park, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants initially made application to the City of Orono for a variance to Orono Municipid Zoning Code Section 78-1403 to allow a structural coverage variance to construct a 168 s.f. covered entry porch; the applicants subsequently revised their request based on Planning Commission recommendation to allow no more than 1,797 s.f structure when 1,500 s.f is normally allowed and where 1,717 s.f of structure currently exist in order to construct an 80 s.f covered porch entry; and WHEREAS, the applicants have made application to the City of Orono for a hardcover variance to Orono Municipal 2U>ning Code Section 78-1288 Subdivision B to allow an 80 s.f covered entry porch to be constructed within the 75’-250* zone to replace an existing 76 s.f grade-level deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3106. 2.The property is located in the LR-IC, One Family Lakeshore Residential Zoning District which requires a minimum lot area of '/i acre and a minimum lot width of 100’. Page 1 of5 3. The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of the structural ---------coverage and hardcover variances based on the following findings: a. The applicants* property has 9,580 s.f. or 0.22 acre in area and SO* of width at the shore and 50* of width at the 75’ setback. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. There is no available land for acquisition by the applicants to make the structural coverage level conforming. d. The applicants are proposing to add a covered entry porch within the allow^ setbacks; no additional living space is proposed. e. Due to the hardcover levels and square footage of structure on the applicants’ property any structural additions to the house and/or detached garage or hardcover changes require variances. f. The applicants* are proposing to remove portions of driveway hardcover in conjunction with structural coverage and hardcover variance af^rovals. g. llie lack of a covered entry porch is to some extent a hardship due to the detached garage and the configuration of the house having no overhangs above the main entry. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difHculty; is necessary to Page 2 of 5 preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. - ____ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78*1403 to allow structural coverage 1,797 s.f structure when 1,500 s.f. is normally allowed and where 1,717 s.f. of structure currently exist in order to construct an 80 s.f. covered porch entry, and a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A and B to hardcover within the 0-75* zone up to 210 s.f or 5.5% where 0% is normally allowed and 5.6% or 212 s.f currently exists and hardcover within the 75’-250 ’ 7Jonc up to 2,668 s.f or 45.9 % where 25% is normally allowed and 2,914 s.f or 50.2% currently exists 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 Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning ^nunission and City Council review. 2. Hardcover in the 0-75* zone shall not increase above the level of 5.5% or 210 s.f. Hardcover in the 75-250* zone shall be limited to 2,668 s.f or 45.9% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change tlw nature of existing/af^roved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landsciqie beds on the prop^y to ensure their permeability as non-hardcover surfaces. 4. Requited removals of hardcover shall be completed by the framing inspection. 5. Authorities granted by this resolution run with the property not with the applicants, 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 (May 23,2006). Page 3 of 5 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, understand 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 23'** day of May, 200S. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Property Owncr(s) ?» • -.1 STATE OF MINNESOTA COUNTY OF HENNEPIN 'fhe foregoing instnunent was acknowledged before me on this 23"* day of May, 200S, 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 Paged of S larkt f CERTFICATE OF SURVEY FOR BRADLEY J. McDONNELL OF LOT 1, BLOCK 10, BALDUR PARK HENNEPIN COUNTY, MINNESOTA LAKE MINNETONKA NORTH ARM 929.4 ...CONTOUR A LEGAL OeSCRPTION Of PREMISES : Lot 1. Block 10. BALDUR PARK o : denotes iron morker , . ^ » (906.3) : denotes existino spot elcvotion, meon seo •cvel dolum I DosedBedrings shown ore upon on ossumed dotum. This survey shows the boundories of the obove described property, the locotion of on existing house ond goroge, ond the location of dl visible ••hordcover ” thereon. It does not purport to show any NOTE: Accurocy of hordcover locotion, ond extent of oddi- tionol hardcover is limited by ice and ^ snow cover. . -. . •..A. .kLm:! •iVV-ii G QRONBCItO AND ASaaOIATCB, INO. OONSULTINW CMOINKCMW* LAND suitvcvans, AND BITS f*LANNCPia 44t W WSiOW ISM LONG LXXe. Ml »» I# ” mdlani SmvyoriwSirlaw WSwSMoUBaimoW. r«20* HAW 3-16-OS JOtM> 05-100MwSeOMfWtfS ISTMTinti 1 liwitt CITY OF ORONO 2750 Kelley Parkway P.O. Boi 66 Cryilal Bay, MN SS323 (952) 249-4600 ZONING FILE OS-3106 NOTICE OF COUNCIL ACTION DATE OF NOTICE: May 10,2005 TO: Brad A Clady McDoancll COPIES: 1420 BaMar Park Rd Wayxata, MN 55391 TYPE OF APPLICATION: Variaaccs DATE OF MEETING: May 9,2005 VOTE: 4 FOR 1 AGAINST MotioD: To approve variances for construction of an 80 s.f. covered porch in conjunction with hardcover removals. Applkaat's next schcdaled meetlBg for ResolatioB approval is coaRrmed as: CUy CoBBcil - May 23,2005 - Meetiag starts at 7:00 pm If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approv^ by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. 'Ml . 1-.- \ I .V. mm rr I . '1- Date ApplicatioN Received: 03-234)5 Date Appilealioa CoMidered m Compktc: 03-30-05 60-Day Review Period Eipires: 05-30-05 REQUEST FOR COUNCIL ACTION Dcpartmeit Approval: Name: Melanie Curtis Administrator Approval: Date: May 2,2005 Item No. Agenda Section: Title: City Planner Item Description: #05-3106 - Brad A Cindy McDonnell - 1420 Baldur Park Rd - Variances_____________ ^ning District: LR-IC, One Family Lakeshore Residential District, 0.5 acre/100 width Ut Area: 9.580 s.f. (0.22 acre) Lot Width: 50'± List of Exhibits: A. Revised Plan based on Planning Commission recommendation B. PC Action Notice dated 04-19-05 C. PC Memo ft Exhibits of 04-04-05 D. Draft PC Minutes The applicants have revised their request based on the Planning Commission recommendation and are requesting ha^cover and structural coverage variances in order to construct an 80 s.f. covered porch entry in the place of an existing 76 s.f. deck. The application consists of: 1. A hardcover variance within the 75*-250* zone for 48.7%^ hardcover where 53.8%* currently exists. 2. A stroctural coverage variance to allow 1,797 s.f. of structure when 1,500 s.f. is normally allowed and 1,717 s.f currently exists. *The nonconforming hardcover within the 0-75’ zone has been included in this calculation. Planning Commission Recommendation On April 18, 2005, Planning Commission voted 4 - 3 to recommend approval of the structural reLvalbTfollo^ construcUon of an 80 s.f covered porch entry stipulating • All plastic and fabric liners from landscape beds, and play areas (if applicable) and • The “rock fire ring ” as noted on the survey; and • An additional 250 s.f of driveway hardcover. # Plaaaing Staff RcconmeadatioH Planning Staff recommends approval of a hardcover and structural coverage variance to construct a minimal covered entry no greater than SO s.f.. Additionally, Staff recommends removal of 250 s.f. of driveway hardcover, the rock fire ring within 75* of the lake, wood and stone borders, and all fiibric/plastic landscape liners. COUNCIL ACTION REQUESTED Determine the size of covered entry porch, if any, that should be allowed and, direct staff to draft a -Resolution for an>roval at the next Council meeting based on Council ’s decision.—------------------ 4^ V . - 'A-’- ' •' Vy vO:-. . • i ! 4 mm *J -WVJ S, ':» - ^ . ■«: ■ :.‘\4'9 FIRST FLOOR PLAN lA’-1'-0' V,. -•:*i I .1 '' :'. ■.'■ ,'■■/* k.i ..•. .M *■ ,.»> ; ’-i V'i^ 24‘ • SONOTUBE SPOT FOOTING. RE: 12’* SONOTUBE SPOT FOOTING IF ADDITIONAL SUPPORT IS REQ'O. RE: 5/A10 ©FRAMING/FOUNDATlQKt PI AN fi 1/2’-1’-0" GENERAL NOTE: PRIOR TO CONSTRUCTION THE FOaO«MNG ITEMS SHAU BE VERIFIED BETVKEEN THE DESIGNER AND APPUCABLE TRADE PRDFESONALS: DIMENSIONS. CONFIGURATIONS. AND CONNECDONS TO ALL CONCRETE AND CONCRETE REINFORQNC COMPONANTS DIMENSIONS. CONFIGURATIONS. 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Curtis stated the applicants have revised their request based on the Planning Commission ,'v.: * .V/ Jr, recommendation and are requesting hardcover and structural covers^ variances in order to construct an 80 square foot covered porch entry in tite pilace of an existing 76 square foot deck. The applicants are requesting a hardcover variance within thd 75*-2S0 ’ zone for 48.7 percent hardcover where S3.8 percent currently exists and a structural coverage variance to allow 1,797 •'V- square feet of structure when I ,S00 square feet is normally allowed and 1,7 17 square feet currently exists.■ : The Planning Commission recornmendedlj^roval-qf^eii^cm coverage and hardcover variances for construction of an 80 square foot coveiM porch entry with the removal of all plastic ■ft and fabric liners from landscape betls and play areas (if applicable), removal of the rock fire ring as noted on the survey, and an additional 250 square feet of driveway hardcover. Murphy stated he does nbt ^ a HiMship to allow the covered entry way. . ft •■■■5 A .i Mrs. the hardship Is that the entryway gets icy in the wintertime and that a n^bei; of people have McDonhell indicated the lack of a covered overhang exasperates —'T----------- M*< MbDonnell indicated thq eotryway is wooden and gets very slippery in the wintertime. .''^^Ij^blem. t , ■ :; ri?.1McDoniwII noted the entiy9^.does not have railings and that he has elderly parents who visit •• 'tA'i'l. '•'*periodically., Mrs. McDonnell idated this is the main entrance to the residence and that it would be preferable to have an overhang when it rains. McMillan inquired whether the entryway has to be handicap accessible. Mrs. McDonnell stated they are not requesting a ramp. McMillan inquired whether the ramp would be considered hardcover. Curtis stated to her understanding it would be counted as hardcover. GafTron stated if the ADA requires a ramp. Council approval would not be required. Gaflron stated the ADA condition might not be a permanent condition and that the next property owner could remove it if it is not needed. Sansevere noted the applicants are not requesting a ramp. Mrs. McDonnell stated they are looking for a covered ehtryway.that is fiinctional. T* Sansevere inquired why the applicants are propdsiiig this size of entry way. Mrs. McDonnell stated due to the location of the window and the door, they are required to construct the deck that size to avoid the window being obstructed a post. McDonnell indicated the deck would be approximately 12’ by 6.5’. -I*.'V t.'j McMillan stated she is in agreement with the Planning pimhiissio^ recommendation and that "Hi the extra room on the entryway makes h>r • safer ehtrySvay; , McMillan moved, White seconded, to direct staff to draft ah approval resolution for the i "'- V r •• '••'•r property located at 1420 Italdir^Park Road, gtiffthg i|^ and hardcover variances . 1 for construction of an 80 square foot covered porch entry, subject to the removal of all ■i plastic and Kacn from landselj|^' beds, the rock fire ring, and an additional 250 feet ! . ’ I ' . ... . . , ■ .. . - ofd'Hi^ay hardcqvfr. ,1 ■ .' tf* ^ Sansevere inquired what the size of the current entry way is. W' 6 h^I^cDonnell stated the eklftmg entry way is 76 square feet and is not covered. Saiftqvjm inqui^ wheth^"the current entryway extends past the window. I i •i.: -i' Mrs. McDmnneli indiedted it does not. : Murphy noted Exhibit D-i depicts a hot tub. Mrs. McDonnell stated that was what they originally proposed, which involved 168 square feet. Mr. McDonnell stated they have revised their plans per the recommendations of the Planning Commission. Curtis stated the applicants are requesting an 80 square foot covered porch. Leslie recommended the Council consider the fact that the City’s building code does not mandate a covered entiyway and that this might be setting a pr<^edcnt. Mrs. McDonnell pointed out they are removing three to one hardcover in order to construct the covered entryway. Sansevere stated the Council views hardship as being inhereiit td the land. Mrs. McDonnell indicated she has reviewed the City’s yreb sit^ and that she understands the intent of the guidelines. McDonnell stated the number one intent of the guidelines is the safety of the residents. McDonnell stated a broken leg costs money and that this hardship is very real. Sansevere inquired whether aesthetics is the driving factor for the size of the entry way. Mrs. McDonnell stated while massing is an issue, a smaller deck would look out of place. Mr. McDonnell noted the Planning Commission iecomihended approval of an 80 square foot covered entryway on a 4 to 3 vote and they proceeded forward with these plans based on the recommenoation of the Planning Commission. McDonnell indicated aesthetics does play a part i . Iin their proposal, noting that they. Would like to construct an entry way that is attractive to the house given the costs involy^ widi the project. Richard Rolirer^24 Baldur Paitii, stated he is in favor of the 80 square foot porch and that a smkll4r ehtryway Would hot look very httractive. Rohrer indicated he has visited the McDonnells 'MS'' wintertime and that the;en^way does get icy. M^itC commented this is not a major change to the residence. White pointed out the City’s definition of hardship is inherent with the land. i' ■ Mrs. McDbnnell inquired Why a 440 square foot garage was approved earlier tonight when it ':ij' exceeded the structural coverage. Barrett staled Minnesota slate law does allow a property owner to a construct a garage. Sansevere noted this is not the same situation and that the circumstances are different from the prior application. VOTE: Ayca 4, Naya 1, Sansevere opposed. ofllssiiJ 1 Mr. McDonnell inquired whether they can proceed with construction of the entiyway tomorrow. noting that they were in the process of re*siding their house and have had to stop that process pending approval of the entry way. Gaffron stated the Council would need to take special action.to allow Staff to issue a building permit prior to the resolution being adopted. Barrett stated he is reluctant to recommend action by Councils a^ issue a» At* d-i .• building permit and that he would prefer to waitfdntifithe reMiutibh is dn^tod^aind adopts by Council. McMillan and Sansevere stated they are in agreement.^jHi tbpi^ify Attorney. i 'Tj l| Murphy stated he is not opposed to allowing thf ipj^licants proceM forWtra with construction ■■''if ■ f I* ■[•. ,j given the limited size of the project. Murphy moved, White seconded, to iuthorize siaff to nauo the necessary building permit to Cindy and Brad McDonnell, |4li0,Baldur Paiii BSbad, to i^w construction of the 80 square foot covered eatiyway. Moorse suggested a lett#fbni i^ kp^ be submitted indicating they are in agreement with Vol^i? VA^ 1; ^ r^eihirMiiitenscvcrc opposed, jkllll^y stated in his opidl^ tte'Council should consider requiring covered entryways on all l^pplilii|tigns if it is truly a sa •5 ikiifiritiffllwfiii * \ ' rllfuriirun REQUEST FOR COUNCIL ACTION ClTy May. ‘"‘''"'''g 20os Oc DATE; May 23,2005 ITEM NO.; ^ Department Approval: Nane Gregoiy A. Gappa THla Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Award Contract Industrial Park Watermain Improvements The 2004 Water Fund ctq>ital budget included $75,000 for watermain improvements to serve the industrial park. This project will allow for the abandonment of a 1967 8" watemain that is located -A ai ___^__tkm nrartVi ci /Ia nf HioliwAv 19. This watcmiain is in DOor shspe snd inousinai parK. inisprojeex wm anuv¥ lui uicaucuiMuiuitwisa^/s»a-rwr w -................... at the edge of the travel lane on the north side of Highway 12. This watermain is in poor shape and repair of this watermain results in major traffic disruptions on Highway 12. A new 12" watermain will be installed from the 12" watermain in Kelley Parkway to the industrial park The watermain virill be installed using directional boring to allow for crossing under Highway 12 and minimizing disturbance in the industrial park. This project will provide a 12” watemain connection between the water tower and the industrial park which will substantially increase the fire flow capacity to the industrial park. This project was advertised for bids in the Construction Bulletin and the Laker/Pioneer newspaj^rs with a bid opening at 11 :00 a.m. ^n May 16*^. Nine bids were submitted, and the lowest responsible bid received was from MinnComm Utility Construction Mora, Minnesota in the amount of $92,665.00. MinnComm has satisfactorily completed other projects for the City and me recommendation is to award the contract for this project to MinnComm. Tlus project was included in the 2004 Water Fund Cqiital budget, so a budget adjustment will be required to complete this work in 2005. COUNCIL ACTION REQUESTED; Award contract for the industrial park watermain improvements to MinnComm Utility Construction Company Mora, Minnesota in the amount of $92,665.00 to be ftmded from the Water Fund with a budget adjustment to the 2005 Water Fund capital budget to reflect this e.xpenditure. / f- .;_ ------< 4 )— uliMy tatamMlIwi in tf»i« |»««l U acrartfanc* aiWi IM I IIIMf Oala*. tvaa ililavfnkwNi aiiar**^ ta MM V ^ lian to toMafi la aUMy %*toNy not fMMy to«to a4 a/AlCr. M-01. aMHM lai Itor CMtociton m 4 Ctopirlton •! CatoHtay .Jr OL D >ir CV * MM f]L C nrytwi 1 r tarwL rtMtuMiC «ra mnar nt mp nPC I MUUM. tt arav nr-ir nmc ■mm rrr.Xr.-rrrKfriT^-T^ rr >-«ltoi*» -.-I \ our MW CtotMe r WlOWMi M'** rair u rair MrttoOMM tr cv * •o«—^ Ml K«ai'»w< laaMli WSMW MVA BHII—n MW 4 ’ KnoA, irtmooi, Mrs miuM «w «M» IWtlMUUM va CAI^TAI MIMl Ml fIM [ AS OMUio tr cr cmi vcsitJM sm !UNK HIGHWA Mirtoi «T rvNCt AS OMCtlO pr CMCMUII CWHM. ONtl Nvt spwi JUMAM MW CAMW t^IPCAPPN W PC OlltMWa 4 M fVlP W MWircl WM out M iraT MX* MMOar rx r Gv p poi fUlO A«« APAMMI A «Wl W PC MPRW WSIAU HTP r OW * MM rpiP MPrr iocaxm & Ifa«r mt j t irw POMEDI / r ‘’y iJsT “SlriiV .MIMA mr rocrAS PtoCCKO Pt INOMXJI AKAi#/ • V qUMMI iwc.M0 m * to toal cmtoae immaa oau pacpmam > IMSRMP MMPCC (MP WUAlAO MWP L- tot PAIOI MMM WMi HPC IS roof I—AM CMCA 010________ ono iPsiM; r PAP.P“ v-v .. ^. ..1________ ta a ! t- ravu -j as oa aJ ba aa OR I na* ir»« I IX r % pa ■ I Sp a s asi 1 IRSMK RACIPMI I ti r an* •Pi »»pp ■U; ftl MUtR y .s tool m •*BiF s s»s«%{ CMSPi: SOWMAI ■r ss' a rrun > ta* m lorv 1030 1020 1010 1000 0*ao 1 I f •4 i aTw C4.01 £ i’.'v't • iSfcji*. .••i: kam J/]|Bonestroo ___Rosene Anderlik & Associates Engineers & Architects 2335 West Highway 36 • St. Paul, MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 wwwbonestroo com May 19.2005 Honorable Mayor and City Council City of Orono 2750 Kelley Parkway Orono, MN 55356 erry- ^oos Op 0'?o/v, Tnink Highway 12 Trunk Water Main Improvements Fite No. 000139-03135-0 Bid Remits Bids were opened for die Project stated above on Wednesday. May 18, 2005 at 11:00 A.M., C.D.S.T. Transmitted herewith is a copy of the Bid Tabulation for your information and f ile. Copies will also be distributed to each Bidder. There were a tout of 9 Bids. The following summarizes the results of the Bias received: Contrmetor Bid Amount Low Minneomm Utility Construction Company $92,665.00 #2 S.R. Weidema, Inc.$113,033.00 #3 Push, Inc.$115,195.75 #4 Red Pederson Utilities, Inc.$116,817.00 #5 GM Contracting, Inc.$117,017.09 #6 Elligson Drainage, Inc.$118,366.24mE.J. Mayers, Inc.$118,647.75 #8 EBI Drilling, Inc.$126,845.00 #9 G. F. Jedlicki, Inc.$129,475.00 The low Bidder on the Project was Minneomm Utility Construction Company with a Base Bid of $92,665.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Minneomm Ufllity Construction Company should be awarded the Project on the Base Bid Amount of $92,665.00. Should you have any questions, please feel free to contact me at (651) 604-4863. Yours very truly, BONESTRCX), ROSENE, ANDERLIK & ASSOCIATES. INC. Thomas P. Kellogg. P.E. Enclosures •• • m • • • .-;--;;>;r ,v^r 5;i f.Ik.■^pp^ •---------.Vi /II Bonestroo ^■RDsenc ^ Andcrlik& \|| Assodates |ku>cfi4 ArcNiCCit Piojcci Name: Tfunit Highway 12 Trunic Wfr M<ln troproyemenla Ckeni PioiGCl No.:File No.: 000139-03135-0 I hereby certify that this is an exact reproduction of bids received. Bid Onontno: Wednesday. May 18.2005 a> 11:00 A.M.. C D S.T,___Ovwief: CilyolOwno Thomas P. fkftoggl Retfsfralion No. 26917 f - BID TABULATION Bidder No. 1 Minncofiim Utility Coftttnicllon Co. Bidder No. 2 S. R. Weldefna, Inc. Bidder Na 3 Push, Inc. Bidder No. 4 Red Pederson Utilities. Inc. lem lum Hem 3 4 5 6 7 8 n 10 11 12 13 14 BASE BID: 12- WATER MAIN DIRECTIONAL ORIULD 12- WATER MAIN WITH CASING DIRECTIONAL lORILLED 6- DIP WATER MAIN. CLASS 52 B- DIP WATER MAIN. CLASS 52 INSTALL HYDRANT 12- GATE VALVE AND BOX. IN PLACE r GATE VALVE AND BOX. IN PLACE 6- GATE VALVE AND BOX. IN PLACE DUCTILE IRON FITTINGS CONNECT TO EXISTING WATER MAIN CONNECT TO EXISTING WATER SERVICE SODDING. LAWN TYPE SEEDING SILT FENCE. MACHINE SLICED TOTAL BASE BID 750 LF LF LF EA EA EA EA LB EA 205 25 10 3 2 2 3 3050 3 EA SY AC LF 2 400 0.05 150 Conliactor Name and Address Phone Fax Signed By TMe Bid Security Addenda AcknoMedged $5550 141.625.00 $95.50 $75.50 $70.00 $2,200.00 $2,200.00 $1,450.00 $1.05000 $1 50 $1,100.00 $19,577.50 $1.887 50 $70000 $6.600 00 $4,400.00 $2,900.00 $3,150.00 $4.57500 $3,300.00 $700 00 $5.00 $2,000.00 $3 00 $1.40000 $2,000.00 $100.00 $450.00 $92,665.00 Minruxxnm Utility Consiructfon Co. 1949 Shady Aaes Lane Mora.MN 55051 (320)679-9616 (320)679-9617 WMeamMiNcr V P Sales Did Bond None $78.10 $58.575 00 $116.60 $4600 $50.00 $2.620 00 $1,500.00 $96500 $565.00 $2.00 $1,150.00 $23,903.00 $1,150.00 $500.00 $7.860 00 $3.000 00 $1.970 00 $1,755.00 $6,100.00 $3,450.00 $1.01000 $4.00 $11.000 00 $4.00 $2,020.00 $1,600.00 $550 00 $600 00 $113.033 00 S. R. Weidema. Inc. 17600 113th Ave North Maple Grove. MN 55369 (763) 426^9110 (763)426-9095 Scott R. Weidema Presideni Bid Bond None Total $77.00 $57,750.00 $144.00 $31.05 $35.75 $2,360.00 $1.662 00 $1,062.00 $608 00 $100 $950.00 $29,520.00 $77625 $357.50 $7,080.00 $3,324.00 $2,164.00 $2,424.00 $3.050 00 $2,650.00 $1,400.00 $5.75 $1,000.00 $5.00 $2,800.00 $2.300 00 $50.00 $750 00 $115,195.75 Push. Inc. 222-1/2 N. Main Street RiceUke.WI 54866 715^236-7874 715-236-7434 Jack Lapdnski Presideni Bid Bond None Unit Price Total 114.00 $33,000.00 $148.00 $47 00 $51.00 $3.61500 $3.17800 $2,463.00 $906.00 $4.00 $2.365 00 $30,340.00 $1.17500 $51000 $10.84500 $6,356.00 $4,926.00 $2,724.00 $12,200.00 $7,095.00 $1,696.00 $7.00 $12,00000 $3 00 $3.79600 $2,600.00 $600 00 $450 00 $116,817.00 Red Pederson Utilities. Inc. 4915 W 35th St - Suite 202 St. Louis Pk. MN 55416 (952) 935-6163 (952) 935-9993 Thomas Red Pederson President Bid Bor>d None OQ0139031350BT xls BT-1 Ictn faun. 3 4 5 6 7 8 9 10 11 12 13 14 mmimm mm 'JLkhw BIO TABULATION Hem HASE BIO: 12* WATER mA iN directional LHIIULO 12* WATER MAIN WITH CASING DIRECTIONAL DRILLED 6 ’ DIP WATER MAIN. CLASS 52 8* DIP WATER MAIN. CLASS 52 install hydrant 12* GATE VALVE ANO BOX. IN PLACE 8* CATE VALVE ANO BOX. IN PLACE 6* GATE VALVE ANO BOX. IN PLACE DUCTILE IRON FITTINGS CONNECT TO EXISTING WATER MAIN CONNECT TO EXISTING WATER SERVICE SOOOING. LAWN TYPE SEEDING SILT FENCE. MACHINE SLICED TOTAL BASE BIO - ^ Blddtr Mo. 5 BW«Mf No. 6 Bidder No. 7 GM CordroetlnB. •"C- Elllngson Orainago. Inc E. J. Mayers. If»c. Bidder No. 8 EBI Orillina. Inc Units IF LF LF EA EA EA EA LB EA 205 25 10 3 2 2 3 3050 3 EA SY AC LF 2 400 005 150 Contractor Name and Address Phone Fax Signed By TWe Did Security Addenda Ackncxidedged Unit PHce Tout $70.50 152.87500 $14387 $30 26 $34.12 $2.709 64 $1,822.41 $1.300 50 $1,159.77 $235 $1,325.75 $29,493.35 $756.50 $341.20 $8,128.92 $3,644.82 $2,601.00 $3,479.31 $7,167.50 $3,977.25 $97289 $5.16 $1,549.20 $3.10 $1,945.78 $2,064.00 $77.46 $465 00 $117,017.09 GM Contracting. Inc. 19810 515th Ave Lake Crystal. MN 56055 (507)72&6433 (1507)726-6390 Henry Harazin President Bid Bond None UnH Price Total $48.00 $36.000 00 $152.76 $64.89 $147.91 $3,423.43 $2,787.45 $1,523.45 $958.16 $2.97 $3,107.29 $.31.31500 $1.62225 $1.47910 $10.27029 $5,574.90 $3.046 90 $2,874.48 $9.058 50 $9,321.87 $1,064.37 $10.59 $20.568 24 $272 $2,128.74 $4.236 00 $1,029.41 $408 00 $118.360 24 Ellingson Drainage. Inc. 56113 Slate 56 West Concord. MN 55965 507-527-2294 507-527-2296 Roger EMngson President Bid Bond None Unit Price Total $55.00 $41.250 00 $105.15 $40 00 $50.00 $4,069.00 $4,000.00 $1,80000 $1.600 00 $2.50 $4,000.00 $21,555.75 $1.000 00 $500 00 $12,267 00 $8.000 00 $3.600 00 $4.800 00 $7.625 00 $12,000.00 $1,750.00 $4.00 $10.000 00 $3 00 $3,500.00 $1.600 00 $500.00 $450 00 $118,647.75 E. J. Mayers. Inc. 21300 Larkin Rd Hamel. MN 55340 (612)490-0115 (763) 478 9660 Erme Mayers President Check *117812 None Unit Price Total $60 00 $45,000.00 $120.00 $60.00 $80.00 $3.200 00 $3,700.00 $2.850 00 $1,250.00 $3.90 $2,600.00 $24,600.00 $1,500.00 $800.00 $9.600 00 $7,400.00 $5,700.00 $3.750 00 $11,895.00 $7,800.00 $2.100 00 $8 00 $10,000.00 $6 00 $4.200 00 $3.200 00 $500 00 $900 00 $126,845.00 EBI OnMing. Inc. S910 Fremont Street Duiulh. MN 55807 (218) 626^54 (1218) 628-0455 James R. Warren Office Manager Bid Bond None a0013903l3S0aT.xH BT.2 Nil iOL 3 4 •j 6 7 8 !l 10 II I? 13 14 BID TABULATION Bidder No. 9 O. r. Jedliclil. Inc. Hem Units Unit Price BASE DIO: IT WATER MAIN DIRECTIONAL DI4ILLLD 12- WATER MAIN WITH CASINO OIRI.CTIONAL DRILLED 6- DIP WATER MAIN. CLASS 52 8- DIP WATER MAIN. CLASS 52 INSTALL HYOfTANT 12- GATE VALVE AND BOX. IN PLACE r CATE VALVE AND BOX. IN PLACE 6- GATE VALVE ANO BOX. IN PLACE DUCTILE IRON FITTINGS CONNECT TO EXISTING WATER MAIN CTJNNECT TO EXIST ING WATER SERVICE SODDING. I AWN TYPE SEEDING SILT FENCE. MACHINE SLICED TOTAL BASE BID LE LF LF EA EA EA EA LB EA 205 25 10 3 2 2 3 3050 3 EA SY AC LF 2 400 0.05 150 Coniraclof Name and Address Phone Fax Signed By Title Bid Security Addenda AdinoMedged Total $40.500 00 95 50 65 5000 4000 3100 1900 4 5000 $19.47500 $1.25000 $65000 $15.000 00 $8.000 00 $6.20000 $5.70000 $12.200 00 $15,000.00 1000 6 II $2,000.00 $2.400 00 $500 00 $600 00 $129,475.00 G. F. Jedticki. Inc. 14203 W. 62nd St. Eden Prairie. 55346 (952)934 7272 (952)934 7273 (barren JediiciU President Bid Bond None 00013903135063 xls BT-3 . e w \ ii ' i'ii 4 [ ", r 1 ? •: \ ! 5 i r ' REQUEST FOR COUNCIL ACTION DATE: May 23,2005 ^4y y , ITEM NO.: !0 Department Approval: NaoM Gregory A. Gappa Title Director of Public Services Adroinistratpr Reviewed: Agenda Section: Public Services Director's Report Item Description: Accept Quotations 39801^1 Road Lift Station Project The purpose of this project is to install a new lift station to isolate the residence at 3980 Dahl Road from the existing City Lift Station Number 24 as there have been several incidents in which this house has been severely flooded when the lift station malfunctions or loses power. These flooding incidents have resulted in several large insurance damage claims for cleanup and restoration. This area was sewered in the 1973 Saga Hill project. There are four properties served by Lift Station Number 24 with the 3980 Dahl Road residence at an elevation of 950 and the other three homes ranging in elevation from 975 to 995. Based on the topography there is limited response time before there is flooding at the 3980 residence when there are problems with the lift station. The property owner has investigated installing a check valve to prevent the back flow of wastewater into the home, but check valves are not effective when used in high pressure head conditions like this. The proposed solution is to install a new lift station to serve the 3980 Dahl Road residence. This would allow disconnecting the existing gravity sewer service that outlets into the City lift station. This service comes in near the bottom of the lift station, and if the lift station is not operating properly the wastewater level only has to rise 2 feet to begin backing up into the basement. The existing gravity service will be connected to the new lift station which will then pump the flow into the existing City lift station, so the wastewater in the City lift station will not be able to backup into the house. This lift station will be owned and operated by the City, and since this station will be located near the City Lift Station Number 24, we can complete the routine checking of this station at the same time that the other lift station is checked. The City has a small lift station from the North Long Lake sewer project that is availible to use for this project. We have obtained quotations from contractors to install the lift station, complete the electrical hook up work, and directional bore in a new forcemain to connect this station to the existing City lift station. The total cost for this lift station will be $21,750 which is very cost effective and less expensive than the cleanup and restoration costs for one wastewater backup into the house. We are recommending acceptance of the quotes for the installation of this lift station. Page 1 - V.V V ' COUNaL ACTION REQUESTED: Accqjt quotation for the 3980 Dahl Road Lift Station improvements from Red Pederson Utilities Inc. HofAins, Minnesota in the amount of $3,000 to be fi^ed from the Sewer Fund with a budget adjustment to the 2005 Sewer Fund budget to reflect this expenditure. Accept quotation for the 3980 Dahl Road Lift Station improvements from Electric Resource Contractors Minneiqtolis, Minnesota in the amount of $7,875 to be funded from the Sewer Fund with a budget adjustment to die 2005 Sewer Fund budget to reflect this expenditure. Accept quotation for the 3980 Dahl Road Lift Station improvements from Ford Construction Inc. Excelsior, Minnesota in the amount of $10,875 to be funded from the Sewer Fund with a budget adjustment to the 2005 Sewer Fund budget to reflect this expenditure. <r-t 4* • i ' ^ '% .■pngp if 1 Page 2 ii .! }- t ^ J f DAHt R.OAD LIFT STAtWM Hr'-.- ' •-'.- K : ^ ■« yM ' ** * ^ V • •■;■. •; " W * '■% «». • .« F' J-* ^ t:?:’ «, ” > *u! ■• » •*. i ^ S'r^fir' ifc :^CLA.. ^ V > V ^ ^v , •'> V > V 'J.V'• ' V' W ” > *'--\r ;^-Vi'f# ■ ' , '» ••*. i ' V 1^ •. . I ■ ■*^ ^ I 1 i.tf i.. '^•‘.' •. ,■*.'■ i'll A \ /ii« - > . ''■ ' '• ? -V ' O V V* ;Vv: . V;; ^ \ vll C>Vr; ^-:A ^ ^ • -4 tV 400 Feet X<^0(J EUUAW oF house J ;• 1^. ■■r i REQUEST FOR COUNCIL ACTION DATE: May 17,2005 ITEM NO: / / p Department Approval: Name Lin Vee Title CiiyCleA ' Administrator Reviewed: Item DeMription: Agenda Section: City Administrator's Report Amend Orono Municipal Code Sections 2-73 and 26-32 (5), Computerized Criminal History and Driver ’s License History Inquiries Ordinance Attachment:1. Draft Ordinance Amending Sections 2-73 and 26-32 (5) Regarding Computerized Criminal History and Driver ’s License History Inquiries 2. Draft Release of Information Form The Minnesota Bureau of Criminal Apprehension has standing policies in place for accessing computer criminal history (CCH) data for law enforcement agencies. If a city is going to use criminal history data for non-criminal justice purposes, such as employment, the BCA requires the city to adopt an ordinance that follows the requirements listed below: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Before accessing CCH records, the city must adopt an ordinance regarding access to CCH files for background checking. Access for these purposes shall be limited to MN CCH public data only. The ordinance should reference the statutory basis, law or authority to do the background check. The ordinance needs to be specific and not overly broad in its scope and must identify the specific category of applicants who are subject to the background check. The ordinance must comply with public law and policy. The ordinance must expressly authorize the use of CCH records for the screening of applicants. The ordinance must require signed consent of the applicant. The ordinance must include grounds and reasons in determining denial. The ordinance must require the notification to the applicant of the reasons for the denial. The data shall not be released to anyone other than the agency authorized. The ordinance should acknowledge that questioned identity situations may occur and provide a provision to allow for fingerprint verification in cases where it is not clear if a record based on a name and date of birth search actually belongs to the person. r r :rsa-ii. I- I > ^ * ’>•2 1 - ■ .-5 Request for Council Action continued Page 2 of 2 May 17,2005 Criminal History - Ordinance_____ SttmuMrv of Proooicd Chaagci 1. Section 1 of the ittached ordinance adds a code section to Chapter 2, Administration, which meets the requirements of the BCA to conduct background investigations on applicants who are finalists for certain employment positions in the City and who are volunteers in City programs that provide services to children or vulnerable adults. 2.Section 2 of the attached ordinance amends Section 26-32, Applications for Business Licenses, by including a provision to order a computerized criminal history and/or driver's license histoiy inquiry on q;>plicants for business licenses. COUNCIL ACTION REQUESTED: Motion to adopt Ordinance No., Third Series amending the Orono Municipal Code by adding Section 2-73 and amending Section 26-32 (S) Regarding Computerized Criminal History and Driver’s License History hiquiries. ■A , ’( ^ 4 ORDINANCE NO., THIRD SERIES AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE BY ADDING SECTION 2-73 AND AMENDING SECTION 26-32 (5) REGARDING COMPUTERIZED CRIMINAL HISTORY AND DRIVER’S LICENSE HISTORY INQUIRIES The City Council of Orono, Minnesota ordains as follows: SECTION 1. Municipal Zoning Code Chs^ter 2, Administration, is hereby amended by adding the following language as Section 2-73 - Computerized Criminal History and Driver’s License History Inquiries; Sec. 2-73. Computerized Criminal History and Driver ’s License History Inquiries. (a) Purpose. The puipose of this Division is to authorize the City of Orono to conduct computerized criminal history (CCH) and driver’s license history inquiries on persons who are finalists for certain employment positions in the City and who are volunteers in City programs providing services to children or vulnerable adults. Access for these purposes shall be limited to Minnesota CCH public data only. Nothing in this Division shall be construed to preclude the City from conducting comprehersive background investigations of applicants for city employment positions, including but not limited to accessing public data through other automated and non-automated sources and contacting references. Nothing in this Division shall be construed to preclude the City from periodically conducting a driver’s license inquiry upon employees or volunteers where possession of a valid driver’s license is an essential qualirication of the position. (b) Definitions. (1) Computerized criminal history inquiries means criminal histories obtained through the Minnesota Bureau of Criminal Apprehension’s computerized criminal history system. (2) Driver's license history inquiries means driver's license violations recorded by the Minnesota Department of Public Safely. (c) Findings of the City Council. The Orono City Council makes the following findings regarding the need to conduct computerized criminal history and driver's ifcense history inquiries on persons who are finalists for certain City positions and who are applying to volunteer in City programs providing services to children or vulnerable adults, recognizing that the City Council has a significant interest in protecting the general public in the performance of government services. (1) Certain City employees and volunteers work independently with and provide public services to some of the most vulnerable members of society: children, senior citizens, developmentally disabled individuals, and mentally It ii joui 'V 'h ill persons. Protection of these vulnerable persons warrants the investigation of persons who are finalists to fill these certain employment positions with the City and who are applying to volunteer in City programs that provide services to these members of the public. (2) Some City employees and volunteers work closely with public funds and accounts and are in positions that have access to property or assets of the City where losses are difficult to detect or prevent. In order to minimize the risk that the public trust will be violated, computerized criminal history inquiries of those individuals who are finalists to be employed in such positions are necessary. (3) Some City employees and volunteers enter the private homes of City residents in the p^ormance of necessary and worthwhile public services. Computerized criminal history inquiries on persons who are finalists for such positions are deemed necessary to minimize the risk that the personal safety of residents in their homes will be violated. (4) Many City employees and some volunteers operate, on a regular basis, heavy machinery, buses, street maintenance equipment, and/or other City- own^ motor vehicles on public rights-of-way. In order to minimize the loss of public property and the loss of life in serious traffic accidents, computerized criminal history inquiries and driver’s license history inquiries of finalists for such positions are appropriate. (5) In accordance with the state policy of encouraging the rehabilitation of criminal offenders, the computerized criminal history and driver's license history inquiries prescribed herein shall not be an automatic bar to public employment but rather used in assessing the rehabilitation of the finalist in accordance with Minnesota Statutes, Sections 364.01 to 364.10. (6) This ordinance cannot guarantee that groups or individuals will be protected from the criminal acts of employees or volunteers; rather, its intent is to minimize certain risks in the performance of government services to the general public. (d) Computerized Criminal History and Driver's Licettse History inquiries authorized. Data obtained from computerized criminal history and driver’s license history inquiries shall be released only to authorized personnel. The City Administrator or the City Administrator ’s designee is authorized to conduct computerized criminal history and driver’s license history inquiries in accordance with the following procedures: (1) Only persons who are finalists for the positions of employment specified in Section 2-73 (e) of this Division or who are ^plying to volunteer in City programs providing services to children or vulnerable adults shall be subject to the computerized criminal history and driver's license history inquiries prescribed herein. J m (2) The person who is a finalist for a position detailed in Section 2-73 (e) of this Division shall be presented with an informed consent form indicating that the person may consent to the computerized criminal history inquiry and/or driver's license history inquiry or may refuse. If the finalist refuses to sign the consent, the person shall not be allowed to continue in the employment process for the position sought. (3) Persons who are applying to volunteer in programs that provide services to children or vulnerable adults shall be notified that computerized criminal history and/or driver's license history inquiries will be conducted prior to their participation in the program. (e) Applicability. (1) Emplo)>ees. Computerized criminal history inquiries and driver's license history inquiries shall be conducted in accordance with this Division on persons who are finalists for the following City positions or position-types; a. Assessors, property appraisers, and meter readers; b. Public Health nurses and aides and similarly situated public health personnel; c. Employees operating street maintenance equipment and heavy machinery; d. Employees operating any motor vehicle owned by or operated for the City, e. Employees directly providing recreation services to the public; f. Employees handling public funds or criminal evidence on a regular basis; g. Employees who have access to non-public information; h. Inspectors, Sanitarians, and Program Specialists; i. Department heads; and j. AsMciate City Attorneys. (2) Volunteers. Computerized criminal history inquiries and driver's license history inquiries shall be conducted in accordance with this Division on persons who are applying to volunteer in City programs that provide services to children or vulneral '.e adults. (f) Failure of computerized criminal history or driver‘s license histoiy inquiries. Should the City reject the applicant's request for employment due, partially or solely, to the applicant's prior conviction of a crime, subject to the exception set forth in Minnesota Statutes Section 364.09, the City Administrator shall notify the applicant in writing of the grounds and reasons for the denial. (g) Good faith reliance on record accuracy. The City may in good faith rely on the accuracy of the criminal history information received from federal, state, and county authorities in conducting the computerized criminal history or driver's license history inquiry prescribed herein. J (h) Verification of identity. Questioned identity situations may occur which could require fingerprint verification where it is not clear if a record based on a name and date of birth search actually belongs to the subject of the computerized criminal history or driver’s license Ustory inquiry. SECTION 2. Municipal 2^ning Code Section 26*32, Applications, is hereby amended by adding the following language to Section 26-32 (S): (S) The city clerk shall, upon receipt of each application completed in accordance with this Division, forthwith investigate the truth of statements made in the plication and the moral character and business reputation of each applicant for license to such extent as he deems necessary, including ordering a cornputerized criminal history inquiry and/or a driver’s license history inquiry on the applicant For such investigation, the city cleric may enlist the aid of the chief of police. The council shall not consider an application before such investigation has been completed. SECTION 3. This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. Adopted by the City Council of Orono on this 23rd day of May, 2005 by a vote of ayes and____. ays. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk Published in the Laker and Pioneer newspapers the week of. * > CITY OF ORONO JOB APPLICANT - FINALIST RELEASE OF INFORMATION CRIMINAL HISTORY AND DRIVER LICENSE RECORDS , understand that I am a finalist in an employment process with the City of Orono or that I am going to be classified as a volunteer in a city program in which I may have contact with children or vulnerable adults. I am aware that City Ordinance________requires that I undergo a criminal history records check and/or a driver license records check depending on the type of position I am ^plying for. I hereby give my consent to the City of Orono to conduct said checks as the city deems necessary. I understand that if I choose not to give this consent that the City will use that as a basis to terminate me from further consideration for the position. Position for which I am being considered. Signed_ Date Witness ■mum: .> V- • ymmm mmmmM ymi - > 1 ,1.. A' 'ymm im’mm 'f" V • ) DATE: May 20,2005 ITEM NO: j ^ REQUEST FOR COUNCIL ACTION CllY ^^0«0/ Department Approval: Name Ronald J. Moorie Tide City Administrator Administrator Reviewed: Agenda Section: City Administrator ’s Reportm ___ Item Description: Cooperative Agi and Townline Road ^ment with the City of Medina Regarding Spruce Way The road that will serve the Park Ridge Acres development in Medina, extends into Orono to serve four existing homes in Orono. Because the road is in both Medina and Orono, the Cities have developed a cooperative agreement to clarify the responsibility for the maintenance of both the roadway and the utili».ies located in the road right-of-way. The cooperative agreement also addresses cost-sharing related to improving Townline Road. The Council discussed the sgfcemcnt at its May 9 meeting. The agreement has been revised based on the discussion at the May 9 meeting, and is attached for the Council’s consideration. COUNCIL ACTION REQUESTED Motion regarding the approval of the Cooperative Agreement with the City of Medina regaiding Spruce Way and Townline Road. r>» 1 AGREEMENT THIS AGREEMENT, is made and entered into as of the day of , 2005 by and between the city of Medina, a Minnesota municipal corporation (‘'Medina"), and the city of Orono, a Minnesota municipal corporation ("Orono”). RECITALS 1. Medina and Orono are authorized by law to carry out numerous governmental functions within their respective corporate limits, including the construction, oper;tion and maintenance of public streets and roadways, sanitary sewer facilities and municipal water utilities. The purpose of this Agreement is to provide for the construction by Medina of certain public improvements needed in connection with the development of land located in Medina but also providing access to certain land in Orono. 2. Medina and Orono share a common border along the southern corporate limits of Medina and the northern corporate limits of Orono. That portion of the common border subject to this Agreement is located southwest of U.S. Highway 12. 3. Medina anticipates that residential development will occur along the common border with Orono in the area of Medina which has been platted as "Park Ridge Acres (the “Development"). 4. The Development will necessitate the construction of certain public improvements, including roadways, sanitary sewer, storm sewer and water utilities, (collectively, the "Local Improvements”). Medina intends to construct the Local Improvements to serve the Development and will require that the developer reimburse all or a portion of the cost thereof. 5. It is contemplated that the Local Improvements scr\ ing the Development will include a street right-of-way platted as "Spruce Way.” It is necessary and convenient for a portion of Spruce Way and associated sanitary sewer, storm sewer and water utilities to be located in Spruce Way to be extended onto land lying within the corporate limits of Orono as shown in Exhibit A (the “Orono Property"). 6. In order to accommodate the extension of Spruce Way and the sanitary sew'cr, storm sewer and water utilities to be located in Spruce Way, Orono has approved and will file with Hennepin County a road right-of-way plat memorializing a right-of-way over the Orono Property. 7. Medina and Orono intend that the Loral Improvements will be constructed in a manner that is in the mutual interests of both communities. The need to construct the Local Improvements as contemplated herein is primarily the result of the Development and certain planned improvements by the Minnesota department of transportation to U.S. Highway 12. Due to the closure of an existing access onto U.S. Highway 12, four properties in Orono will utilize the portion of Spruce Way located in Orono via private driveways for ingress and egress purposes. ■ J I kj NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto do stipulate and agree as follows: 1. LOCALIMPROVEMENTS 1.1 Plans and Specifications . Upon the execution of this Agreement, Medina will proceed with the preparation of plans and specifications for construction of the Local Improvements including all necessary design and engineering work. The plans shall include the roadways and all utility lines that will be constructed within the rights-of-way in Medina and Orono pursuant to this Agreement for the benefit of the Development and other properties in Orono. Upon completion, a copy of such plans and specifications will be provided to Orono. 1.2 Road Rjght-of-Wav Plat. Upon execution of this Agreement, Orono will promptly proceed with filing of a road right-of-way plat over the Orono Property for the PMrposes contemplated by this Agreement. Upon completion of such right-of-way platting process, Orono will provide a filed copy of the plat to Medina. Medina may award a contract for construction of the Local Improvements after receipt of a filed copy of the road right-of-way plat. 1.3 Construction. Wanrantv and Insurance. Any contract for construction of the Local Improvements over the Orono Property must contain a standard warranty of work that runs to Orono, and must also contain insurance coverages running in favor of Orono in the amount normally required by Orono on similar projects. Medina will coordinate with Orono and the owners of the Orono Property to keep them informed and updated on construction activities. 1.4 Project Costs and Permits. Except with regard to the Orono right-of-way plat, Medina shall be responsible for 100% of the cost of constructing the Local Improvements including the cost of all permits from applicable state agencies. Orono shall cooperate, as necessary, in any applications. 1.5 Inspections. Medina will be responsible for the construction management of the Local Improvements, including necessary inspections. Medina shall provide Orono with a construction timetable at the beginning of the project and any revisions to the schedule. Orono may inspect the project at any time. 1.6 Acceptance Upon Completion . Upon completion of the Local Improvements in accordance with the plans and specifications, Medina shall deliver to Orono a complete set of final lecord plans. Orono shall accept that portion of Spruce Way lying on the Orono Property. Such acceptance shall constitute a full release and satisfaction of Medina ’s obligations under this Agreement to construct the Local Improvements on the Orono Property but Medina shall retain ownership of the Local Improvements located on the Orono Property regardless of their extension into Orono. 1.7 Maintenance of Local Improvements . Medina and Orono have historically co ­ operated with one another on an informal basis regarding maintenance of public improvements RJV-259469V4 1 near their respective corporate limits and expect to do the same regarding the Local Improvements. The maintenance of the new Spruce Way and Juniper Curve roads in Medina, as well as the utilities located along these roads in both Medina and Orono, will be the responsibility of Medina. Only the maintenance of the portion of the Spruce Way roadway located in Orono will be Orono ’s responsibility. II. RIGHT OF ENTRY 2.1 Riyht of Entry . Orono hereby grants to Medina, its agents, employees, contractors and invitees the right to enter upon the Orono Property for the purpose of making surveys, inspections, investigations, soil borings, drilling, and testing relative to construction of the Local Improvements, and for construction of the Local Improvements on portions of the Orono Property. 2.2 Consideration . In consideration for the right ofentry, Medina agrees to: (a) Notify Orono and the owners of the Orono Property of the date and time that work on the Orono Property by Medina will commence under this Agreement, which notice shall be at least three days prior to doing any work on the Orono Property; (b) Provide a copy of all test results, surveys and reports prepared by their employees or consultants evaluating the conditions present on the Orono Property to Orono as soon as reasonably possible following final completion thereof; (c) Do the work in a period of time no longer than is reasonably necessary to complete such activities authorized under this Agreement; (d) Use the Orono Property only for the purposes described herein and not park or store any equipment on the Orono Property, except during the limited periods of time when the work on the Orono Property which is contemplated by this Agreement is actually in progress; (e) Do no unnecessary damage to the Orono Property; (0 Hold Orono harmless from and indemnify it from any and all claims, damages, judgments or obligations, including the cost of defense of suit, arising out of damage to Orono Property or arising out of injury to anyone incurred or alleged to have been incurred in connection with or as a result of any work done pursuant to this Agreement, or as a result of Medina's intentional torts or negligence. Notwithstanding the foregoing, Medina shall not be responsible for the submission or application for further investigation or feasibility analysis of the proper methods of removal, treatment or disposal of any pollutants, contaminants or hazardous substances present on the Orono Property, or for the removal, treatment or disposal of any pollutants, contaminants or hazardous substances present on the Orono Property, it being the sole responsibility of Orono or the owners of the Orono Property to perform these tasks if required; and RJV.25«69»4 ME:30.)I2 nn ■■ r ■ % (g) Medina or its agents, employees, contractors or “*^^*®** The°timc any*work^ accordance with standard LMCIT coverages. 11^ rOWNLlNEROAD 5 \ Access to the Development and to the four Orono properties to be snnice Wav v^ill be by means of Townline Road. Portions of Tovmlme ^^d we m i»or ^ ctt "rS among the Cities as follows. 1 • j i a .tnUe nr lo 8*?% allocated to Orono. Factors existing properties m Orono Bid Indeprad^^ esLlishing the nature and timing of any Sr ^a ‘:,ra “sT Orono. 4.1 of Minnesota ^ysrELLANEOUS n..v,n.ii.. Uw. This Agreement shall he interpreted in accordance with the laws A1 NniW. and Demands. All notices, demands or other communications “Jt*' a *’mi rtiJ^^IKiveo^i^made in writing and shall be sufficiently given arid deemed wtoi^livered personally or mailed by certified mail, return receipt requested, posugegiven wnen wiiv^iwa — prepaid, properly addressed as follows: If to Medina Chad Adams, City Administrator 2052 County Road 24 Medina, Minnesota 55340-9790 With a copy to:Ronald H. Batty Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, Mirmesota 55402 RJV-239469\4 11I I /t. y. A . If to Orono : With Copy to: Ronald Moorse, City Administrator PO Box 66 Orono, Minnesota 55323-0066 Tom Barrett City Attorney 222 South 9* Street Suite 3100 Minneapolis, Minnesota 55402-3389 or to such other persons as the patties may from time to time designate in writing and forward to the other persons entitled to receive notice as provided in this section 4.2. 4 3 iwHgmnification. Medina agrees to indenmify, defend and save harmless Orono, limitation, construction of the Local Improvements on the Orono Property. Orono indemnify, defend and save harmless Medina, its officers, agents and employees, from My as a.-trx'rra.s r=ri; limitation of liability available to either party. 4 4 Aniy nHment. This Agreement may be amended by the parties hereto only by written instrument executed with the same procedures and formality as were followed m the execution of this Agreement. IN WITNESS WHEREOF, and pursuant to authorization of their respective city councils, the cities of Medina and Orono have entered into this Agreement as of the day and year first above written. CITY OF MEDINA CITY OF ORONO Mayor Mayor City Administrator-Clerk City Administrator-Clerk ibhk :RJV-1594«9v4 % REQUEST FOR COUNCIL ACTION DATE: May 23,2005 ITEM NO: / 3 Ofir Department Approvals j/ / Administrator Reviewed: Agenda Section: Name Tom ^/fi. City Administrator s Title Finance Director 17^ ( Report Item Description: Fixed Asset Capitalization The Governmental Accounting Standards Board (GASB) has established new reporting retjuirements for fixed assets. In order to comply with these requirements the City needs to establish certain guidelines regarding the capitalization of fixed assets. The City has recorded fixed assets based on whether the fixed asset is associated with a proprietary fund or associated with a governmental fund (general fixed asset). Proprietary Funds are the business type operations of the City. These funds include the Water, Sanitary Sewer, Storm Water, Golf Course, and Insurance operations. 1 he City has recorded the costs of the fixed assets in these funds and has established useful lives for the various classes and has been re;'^-rding depreciation based on the straight line method. A fixed asset in a proprietary fund must have an initial cost greater than $1,000 and have an estimated useful life longer than one y ear. There are very few proprietary fund fixed assets in the $1,000 range and those that were carried at a cost of less than $1,000 have been removed. Governmental Funds are the non-business type funds of the City. These funds typically are used to account for the tax-supported activities, and include the following: general fund, special revenue funds, debt service funds, and capital projects funds. Fixed assets acquired through these funds have been recorded if they fall into such categories as maintenance equipment, buildings, office equipment, public safety vehicles and equipment, street and park maintenance vehicles, park improvements, etc. These fixed assets have been referred to as General Fixed Assets and historically depreciation has not been reflected in the financial statements, although the City has been tracking depreciation on these assets. Such items as street improvements were not recorded. Effective with the 2004 fiscal year the City is required to start recording all fi.\ed assets costs and depreciation. Although a listing of general fixed assets has been maintained there are many, many items recorded that arc of very minimal cost and more of a maintenance or supply item when considered in retrospect. In addition there are many items listed that are very difficult to track, such as most small tools, minor office equipment, calculators, desks, chairs, files, etc. 1 ^ ‘ . i i (V/" City Council Agenda May 23,200S Fixed Asset Capitalization Plge2 After review of the existing items recorded as general fixed assets, and consulting with the City’s auditors, we are requesting that Council i^rove a minimum cost of $5,000 be established for the purpose of recording general fixed assets. COUNCIL ACTION REQUESTED: Motion to establish a capitalization threshold for non ­ proprietary funds of $5,000, and for proprietary funds of $ 1,000. ■ V. •i. ,vt ♦ V*- *• Mi —j .■'.L' I y [' =.• >• DATE: May 20,2005 ITEM NO: REQUEST FOR COUNCIL ACTION Oa' Department Approval: NsMC Ronald J. Moorae TMe City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Demription 1-394 H.O.V. Lane -Resolution When the usr of the HOV lane on 1-394 was restructured as a toll lane, the lane was completely closed to ainglc passenger vehicles, unless they pay a toll. Prior to the toll lane, single paswnger vehicles could use the HOV lane during off-peak times, and for reverse commuting, ^e clumge has caused traffic delays, due to eliminating no-cost access to one of three lanes on 1394 dunng the off-peak hours, and for reverse commuters. The Senate recently passed legislation calling tor the reopening of the HOV lane to single passenger vehicles during off-peak hours commuters. A resolution calling for the Comr»:ssioner of Transportation to address the H.O.v. lane concerns will be provided at the Council meeti ig. COUNCIL ACTION REQUESTED Motion regarding the resolution concerning the 1-394 H.O.V. lane. k A Resolution Calling For the Commissioner of Transportation to Address the Traffic Problems Caused by the Restrictions Placed on the Use of the 1-394 HOV Lane by Single Passenger Vehicles During Off-Peak Hours, and by Reverse Commuters WHEREAS, the 1394 HOV Lane has, since its inception, been open to single passenger vehicles during non-peak hours, and for reverse commuting; and WHEREAS, when the HOV Lane was restructured as a toll lane, the lane was closed to single passenger vehicles during off-peak hours and for reverse commuting, unless a toll is paid; and WHEREAS, this change is resulting in traffic delays in off-peak hours, and for reverse commuters, due to only two of the three lanes on 1394 being available without the payment of a toll; and WHEREAS, providing the same access to single passenger vehicles as prior to t*' ^ restructuring would not negatively impact the primary purpose and functioning of the t e; and WHEREAS, there was a lack of communication with the City of Orono and other cities west of 1-494 regarding the restrictions related to single passenger vehicles during off-peak times, and related to reverse commuters; and WHEREAS, through its experience working through the Highway 12 Bypass project, the City has found that on-going communication with Mn/DOT has been the key to anticipating and resolving problems; and WHEREAS, through recent discussions with Mn/DOT staff, we understand that Mn/DOT would prefer the existing toll lane restrictions remain in place while Mn/DOT completes a number of engineering adjustments to address the bottleneck areas. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby strongly urge the Commissioner of Transportation to expeditiously address the traffic problems that have resulted from the restrictions placed on the use of the HOV Lane by single passenger vehicles during off-peak hours, and by reverse commuters; and does also request the Commissioner of Transportation provide a response regarding the plans related to addressing the HOV Lane bottlenecks, and regarding on-going communication with all affected cities. Page 1 of 2 L r rifliii 'll r.. 1 ■/ ■ * ' V- ■•r,_ , , ',.. ^ ^ .. • * A •4 ■■' ' ■ ’*•• ■ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 23td day of May, 2005. ATTEST: Linda S. Vee, City Clerk ■ I ' ■>Barbara A. Peterson, Mayor »4i m . .. T •* -o ... V m .v^ Page 2 of2 ,v . mm REQUEST FOR COUNCIL ACTION CV,, ^'ro,\ I . h'T. Iff .w DATE: May 20,2005 ITEM NO: /S Dcpartnmt Approval: Name Ltn Vee Title City Clerk ImteIstrator Reviewed:Agenda Section: Licenses Item DeMription: List of Licenses for Council Approval There are no licenses. mm .r-'.V " i Vv :■#■'■ ^ ■■■■■ V *• tel... Uf R.,. tta,' .'t: '■' .v-V.' .■'' i■-.I ■ ■■■• ■' '•J : j.-' / .'■ • «, :y:-' % ■Ti.f * V> A : / ■’ ,- ,t' -m ' A- « CITY OF ORONO *Check Detail Register® 05/2(V05 1:56 PM Pagel j(p MAY200S Ciwck Amt Involc* Cofflmwit CO"''*'” »"OPTING MAY 2 5 2005 10100 PrtmwvCMh Paid ChM 000062 S/11/2005 FIRST NATIONAL BANK OF LAKES G 101-21701 G 101-21703 V- G101-21703 Tow Fadaral Withholding FICA Tax Withholding FICA Tax Withholding FIRST NATIONAL BANK OF LAKES $11.548 05 $5.040 02 $5.040 02 $21.62809 r EDERAL W/H FICA & MEDICARE W/H FICA A MEDCR CITY SHARE # l>aid ChMi 000063 5/11/2005 ICMA RETIREMENT TRUST - 457 ........ ..G101.21705 r>fh^r BatbamSiit ........Sl.038.62 .DEFERRED COMP-302030 Total ICIiA RETIREMENT TRUST-457 $1.038 62 Paid Chki 080864 5^11/2005 law ENFORCMENT LABOR SERVICE G 101-21707 Union Dues $0 00 UNION DUES #40 5 #168 Total LAW ENFORCMENT LABOR SERVICE $0 00 Paid Chk# 000065 5/11/2005 MN DEPT OF REVENUE G101-21702 State Wrhholding $4.740 08 STATE TAX W/H Total MN DEPT Of REVENUE $4.740 08 Paid Chki 080886 5/11/2005 MN STATE RETIREMENT SYSTEM G 101-21718 Pos* ^iiploymant Health $31853 post retirement Total STATE RETIREMENT SYSTEM $318.53 Paid Chief 060667 5/11/2005 NATIONWIDE RETIREMENT SOLUTION G101-21705 Other Ratiremant $2,055.00 USCM - ENTITY 2339 G101-21705 Other Ratiramant $11489 OBRA #2343 Total NATIONWIOE RETIREMENT SOLUTION $2.169 89 Paid ChkS 080868 5/11/2005 ORCHARD TR* '^T CO. TRUf TEE/CU8T PaMChki 0608^0 5/11/2005 G 101-21708 UnNadWay UNITED WAY Total UNITED WAY ISoOO $86.00 Fund Sucnmafy 101 GENERAL FUND 1S100 Primary Cash $47.056 04 10100 Prim^Cash $47.056 04 $47,056.04 G101-21705 Othar RatiiamanI T«W ORCHARD TRUST CO. TRUSTEE/CUST $3.032 68 $3,032.68 MN STATE RETIREMENT Paid Chk# 060669 5/11/200J PUBLIC EMPLOYEES RETIREMENT G 101-21704 PERA S7.633.62 PERA CITY SHARiH G 101-21704 PERA $5,905.18 PERA EMPLOYEE W/H G 101-21704 PERA $302 01 PERA rjTY SHARE G 101-21704 PERA $201 34 PERA lMP SHARE Tefal PUBLIC EMPLOYEES RETIREMENT $14,042 15 CHARITY DONATIONS V Hi? A WWm * CITY OF ORONO *Check Detail Register© 0b/2(V05 1;65 PM Pagel 1 UAtzon Chach Amt Invoica CommanL Paid ChM 000003E 5/4/2005 OCA - WIRE ONLY G101-21719 DCA/Spanding Accounit $35.49 5/4A>5 Flex Spending 5/4/05 Total OCA-WIRE ONLY $35.49 Paid Chk« 000004E 5/20/2005 MN OEPT OF REVENUE G 613-20006 Due to Govts-Slate Sales Tax R 601-39610 Miecallaneous Revenue — 401^10 Oawiwal Taxafcia SalaaTSanAca - -- G 601-20806 Due to Govts-State Sales Tax Total MN OEPT OF REVENUE $1.672 00 $4500 .-$38.00 $454 00 Sales Tax 4/2005 Sales Tax 4/2005 Salas Tax 4/2005 Sales Tax 4/2005 $2.209 00 Paid ChW 080871 5/11/2005 STATE TREASURER E 101-42400-437 Training 8 Oaveiopmant Total STATE TREASURER $3500 Vang $35.00 2005 Spring Seminar Paid Chk« 080872 5/130005 CIRCUIT CITY E 601-49400-240 Small Tools and Minor Equip E 602-49450-240 Small Tools and Minor Equip $269.43 5/13AI5 $26942 5/13A)5 Kodak Easy Share Z740 Total cnCUITCITY $536 85 Paid ChWM)8b873 5«3«005 10.000 LAKES CHAPTER E 101-42400-437 Training 8 Development ToUl 10,000 LAKES CHAPTER $60 00 Oman seo.oo Townhouse Construction Paid Chk* 080874 5/2372005 ACCLAIM BENEFITS E101-41900-489 Otiiaf Misoellanaous Charges E101-41900-489 OttiTf Misoellaneous Charges Total ACCUUM BENEFITS $69.95 350205 $100 00 350206 $16995 COBRA Adm 4/05 FSA Adm 4/05 E 101-42110-311 Data Procauing Communication Total ACCURINT $30 00 129729120050 April 2005 $30.00 Paid Chk« 080876 5/23/2005 ALEX AIR APPARATUS. INC E 101-42260-240 Small Toola and Minor Equip $699.98 9142 Total ALEX AIR APPARATUS, INC $699.98 Remote Fill Air Line-Res Vah 5/23/2005 APWA REGISTRATIONPaid Chk« 080877 E 101-43000-437 Tracing 8 Davalopmaot Total APWA REGISTRATION $560.00 Gappa Conlerance Registration $560 00 Pad ChM 0808-/8 5/23/2005 ARAMARK REFRESHMENT SERVICES E 101-41900-201 OMoa supploa $114.95 6013-468012 CoWae-PW E 101-42110-201 Oflloa aupplias $114.95 6013-468013 E 101-41900-201 Office auppNaa $169 95 6013-468014 Total ARAMARK REFRESHMENT SERVICES $39985 Cofiae-PO Coffee' CH Paid ChM 660679 ' ShySoOS AUGIES MOBILE CHEF E 613-498004)93 Concessions For Resale-Txbl Total AUGKS MOBILE CHEF $6048 19697 $60 46 Hot Dogs. Cheeseburgers Pad ChM 080680 503/2005 BATTERIES PLUS E 101-43000403 Rapoirs/Maint-Mdc. Equd Total BATTERCSPLUS $97.95 18-119158 $97 95 : 1 A A Beltefies k CITY OF ORONO 05/20/05 1:55 PM Page?I! Check Detail Register® MAY 2005 E 101-42110-437 Training & Development Tout BCA-FORENSIC SCIENCE LAB Check Amt Invote^^mment S360.00 4/28/05 Intox Recertifications $360 00 Paid Chki 080882 5/23/2005 BEST S FLANAGAN LLP E 101-43290-800 Special Projects. Contingency Total BESTS FLANAGAN LLP $875 00 364905 $87500 Paid Chka 080883 5/23/2005 BFI OF MINNESOTA, INC f...E 101-45200-404 E 101-45200-404 E 101-41900-404 E 613-49830-404 E 10142260-404 R^mira/Maint-BldgVGtwaigt Repairt/Mainl-Bldgs/Groundt Repairs/Maint-Bldgs/Grounds Repairs/Mainl-Bldgs/Grounds Repairs/Mainl-Bldgs/Grounds Tout BFI OF MINNESOTA, INC $90.39 $7549 $28568 $64 03 $61.02 133313 133321 133329 133331 133919 $576 61 BONESTROO ROSENE S ASSOC.PaidChMI 080864 5/23/2003 E 10143170-304 Engineering-ContuRing E 60149400-304 Engineering-Consulting E 60149400-304 Fogineering-ConsuKing E 10143260-304 Engineering-Consulting E 10143280-304 Engineering-Consullino E 10143280-304 Engineering-Consulting E 10143280-304 Engineering-ContuRing E10143170-304 Engineering-ContuRing E 60249450-304 Engineering-ContuRing E 60249450-304 Engineering-ContuRing E10143170-303 Engineering-Retainer E10143170-304 Engineering-ContuRing E10143280-304 Engineeririg-ContuRing E10143260-304 Engineering-ContuRino E 10143280-304 Engineering-ContuRing E10143280-304 Engineering-ContuRing E 10143280-304 Engineering-ContuRing E 10143280-304 Engineering-ContuRing E 10143280-304 Engintering-ConsuRing E 10143280-304 Engineering-ConsuRing E 10143280-304 Engineering-ContuRing E 10143280-304 Engineering-ContuRing E 10143280-304 Engineering-ContuRing E 40648736-304 Engineering-ConsuRing E 65149910-304 Engineering-ContuRing G 601-16500 Fbmd Auet-Const in piogrett E 65149910-304 Engineering-ContuRing E 60249450-304 E"gineering-ContuRing G 602-16500 Fixed Auet-Contt in progress E 65149910-304 Engineering-ContuRing E 10143170-304 Engineering-ConsuRing G 602-16500 Fixed Attel-Contl in progrett Total BONESTROO ROSENE S ASSOC. Paid Chki 060665 S/23/2u05 BOYER TRUCKS E 10143000-222 Vehicle Equipmeni S Parts Total BOYER TRUCKS $20 06 10191H $20 06 ^aidChMP 080686 5Q3/2005 BUDGET PRINTING E 101-42110-201 Office tuppket $110 56 4000 Lu Carlson/MnDOT Matter Solid Waste - 5/05 Solid Waste - 5/05 Solid Waste - 5/05 Solid Waste-5A)5 Solid Waste-5/05 S230 00 118277 MSA Needs Update w/Gappa St .434.00 118277 Electronic Wtrmam base map $672.50 118277 Review Antenna Mount Nav $134 00 118277 Wildhurst Tr plat 05*3100 $134 00 118277 Freese plat 05-3087 $134 00 118277 825 Tonkawa plat 05-3 1C7 $134 00 118277 1280-90 Spruce PI Plat 05-3076 $90.00 118277 Troubleshoot ArcView Errors $31500 118277 Review I/I Service Areas $1,434.00 118277 Electronic Swrmain Base Map $200.00 118277 Council Mtgs Feb-Mar $232.35 118277 Direct Proj Exp Feb-Mar $24300 118277 Lakeview Golf plat 05-3082 $268 00 118277 1745 Fox St plat 05-3097 $268 00 118277 4475 Forest Lk Landing 04-3054 $1,271.50 118277 Stone Bay Lofts Plat 05-3081 $1,677.50 118277 Stonebay Plat 02-2789 $335.00 118277 1225 Dickenson plat 05-3092 $780 00 118277 2618 Casco Pt Rd Plat 05-3052 $335 00 118277 177 Glendale plat 05-30<M $536 00 118277 Sugamvoods Office Plat 05-3080 $536 00 118277 Creekside Subd $603 00 118277 1379 •'ark Dr Plat 05-3074 $839.10 118278 Fer»' Jale Rd Bridge $308 00 118279 Birch Lane Storm Swr $4.749 00 118280 Nav Tower Rehab $182 70 118281 Casco Cove St Swr $298 75 118286 Garden Lane San Swr Ext $459 38 118287 3980 Dahl Rd San Swr Exi $267 00 118288 Casco Pt Rd Storm Swr $987.50 118289 Annual Bridge Inspection $2.00900 118290 92C Brwn Rd So San Swr $22,097.28 Clamp EnvtIopM-PO CITY OF ORONO 05/20/05 1;55 PM Page 3 Check Detail Register© MAY 2005 Check Amt Invoice Comment E 101-42110-201 Office supplies E 101-42110-322 Postage E 613-49830-221 Equipment Parts & Accessories E 10141900-201 Office supplies ToUl BUDGET PRINTING $35.73 4079 $19.36 4213 $47.92 4272 $6 79 4284 Auction Forms Shipping Charges Trophy Doc Copies $220 36 Paid Chki 080887 5/23/2005 CARGILL SALT E 601-49400-216 Chemicals and Chem Products ■ Total CARGILL SALT $2.048 26 1325496 Softener Salt $2.04626 Paid Chk« 060888 5/23/2005 CHUNKS LAKESHORE AUTO E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip £ 101-42110-402 Repairs/Mairt-Auto Equip E 101-42110402 Repairs/Maint-Auto Equip E 10142110-402 Repairs/Maint-Auto Equip $11752 $227.80 $31.49 $16.32 $307.83 $3542 $32.71 $2252 26831 26837 26850 26851 26871 26877 26891 26892 Oil #198 Oil. Trans FW #201 Spot Light #196 Mount Tire #201 Oil. Trans Fid #199 Oil #197 Oil #202 Strobe #198 Tout CHUNKS LAKESHORE AUTO $791 61 Paid Chk# 080889 5/23/2005 CITY OF ORONO PETTY CASH E 10141110439 E 10141110439 E 10141300489 E 10141110439 E 10141900-322 E 10141300489 E 10141300489 E 10141300489 Total Meeting Expenses Meeting Expenses Other Miscellaneous Charges Meeting Expenses Postage Other Misoetlaneous Charges Other Miscellaneous Charges Other Miscellaneous Charges CITY OF ORONO PETTY CASH $22 35 $2074 $1976 $3.19 $0.23 $36.77 $114.23 $2540 5/25/05 5/25/05 5/25/05 5/25/05 5/25/05 5/25/05 5/25/05 5/25/05 Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Shape up Challange Petty Cash Reimbursement $242 69 Paid Chk# 080890 5/23/. 35 CONSTRUCTION BULLETIN E 60149400-352 Printing & Publishing $11918 2892505 E 60249450-352 Printing & Publishing Total CONSTRUCTION BULLETIN $121 20 2892506 Bids-Hwy 12 Water Bids-Hwy 12 Swr $240.38 Paid Chk# 080891 5/23/2005 CORNICK. JAMES E 10142110437 Training A Development E 10142110-226 Clothing A pemonat equipment Total CORNICK, JAMES $4045 $74 48 4/29/05 4/29/05 Meals - Training Uniforms $114.93 Paid Chk# 080692 5/23/2005 COVERALL OF THE TWIN CITIES E 10142260407 JanHorial Services $186 38 95909 ToUl COVERALL OF THE TWIN CITIES $186 38 Janitonal 5/2005 Paid Chk# 080893 5/23/2005 DAHLGREN SHAROLOW A UBAN E 10143290-800 Special Protects. Contingency $1.146 56 25763 Rural Oasis Total DAHLGREN SHAROLOW A UBAN $1,146.56 Paid Chk# 080894 5/23/2005 OE BAERE. DON E 10143000-226 Clothing A pemonal equipment Total OE BAERE. DON $125 00 5/12/05 2005 Steel Toe $12500 Paid Chk# 060895 5/23/2005 DICKS AtITO DETAILING E 10142110402 Repairi/Maint-Auto Equip $426 00 15205 Clean Squads for Sale CITY OF ORONO 05/2(V0S 1:55 PM P«ge4 *Check Detail Register® MAY200S Cfitck Amt Invoice Comment Total DICKS AUTO DETAILING $426.00 Paid Chki 080896 5/23/2005 E-Z RECYCLING E 101-41110-101 Full-Time Employees Regular $6.784 96 7971 Recycling 5/2005 Total E-Z RECYCLING $6,784.96 Paid Chkf 060897 5/23/2005 EARL F. ANDERSON 6. ASSOC. E 101-43000-224 Street Maint. Matenals/Suppty $16339 65322 Curve Signs u. E101-43000-224 SUael Maml. Malifiala/SuHily $113.20 65324 Street Sign E 101-43000-224 Street Maint. Materials/Supply $21040 65398 Signs E 101-43000-224 Street Maint. Materials/Supply $264 56 65399 Stop Signs Totol EARL F. ANDERSON ft ASSOC.$751 55 PaidChk* 060898 5/23/2005 ERICKSON, KURT E 101-42110-437 Training & Devetopment $1300 5/5A)5 Henn Chiefs Mtg Tots ERICKSON. KURT $1300 Paid Chki 080899 5/23/2005 »»RESS MESSENGER E 10M1900-322 Pottage $9 75 8-345381 Delivery Service Total EXPRESS MESSENGER $9.75 Paid Chki 080900 5/23/2005 G & K SERVICES E 101-42260-404 Repairs/Maint-Bldgs/Grounds $263 56 1006427655 Mat Service - Nav Fire E 613-49830-226 Clothing & personal equipment $6 02 1006445250 Uniforms E 101-43000-226 Clothing & personal equipment $150 32 1006445250 Uniforms E 60249450-226 Clothing & personal equipment $7500 1006445250 Uniforms E 801-49400-226 Clothing ft peraonal equipmeni $2500 1006445250 Uniforms E 101-43000-221 Equlpmam Parit ft Accataories $50 98 1006451574 Shop Towels E 101-43000-228 Clolhing ft partonal equipment $8675 1006451574 Uniforms E 602-49450-226 Clothing ft pettonal equipment $43.35 1006451574 Uniforms E 601-49400-226 Clolhing ft pertonal equipment $1445 1006451574 Uniforms E 61349630-226 Clolhing ft pertonal equipment $6 02 1006451574 Uniforms E 10141900-404 Rapaira/Maint-SIdgt/Groundt $57 65 1006457807 Mat Service E 10141900404 Repaira/MaInt-Bldgt/Groundt $65 18 1006457808 Mat Service Total GftKSERVICES $844.28 PM Chki 060901 5/23/2005 GENUINE PARTS CO. E 10143000-221 Equipment Partt ft Accettoriet $5 63 2004 Vehicle Supplies E 10143000-221 Equipmeni Pailt ft Accataories $2661 2004 Vehicle Supplies E 10143000-221 Equipmeni Parit ft Accessories $82 90 2004 Vehicle Supplies E 10143000-222 Vehicle Equipment ft Parit $1566 823721 Terminal. Harness E 10143000-222 Vehicle Equipment ft Parts $80 39 825446 Filters E 60249450-221 Equipment Paris ft Accessories $1541 825759 Hose. Cable Ties E 10143000-221 Equipmeni Parts ft Accessories $11 70 828616 Misc Supplies E 10143000-224 Street Main! Materials/Supply $5301 828702 Oil Fitters. Clearmr E 101-43000-224 Street Main! Malenait/Supply $31 90 828789 Shop Supplies E 101-43000-224 Street Main! Malefials/SuppV $7 32 829056 Shop Supplies Total GENUINE PARTS CO.$330 53 p;«iChki 080902 5/23/^ GERRINO'S CAR WASH E 10142110-402 Rapaks/Mainl-Aulo Equip $57050 4/30/05 Sqd Washes 2/03-4/05 Total GERRINO'S CAR WASH $570.50 E 613^9630^379 :nturanco Daductiblas Total GOLF CAR MIDWEST $1.600 00 9904 Golf Can Lease $1.60000 j CITY OF ORONO *Check Detail Register® 05/20rt)5 1:55 PM P«9e5 MAY 2005 ClMckAnit Invoice Comment Paid Chkf 000904 5/23/2005 GOLF COURSE SUPT ASSN OF AMER £613^9830-433 Memberships & Subscriptions $300 00 99714789 2005 GCSAA Membership Total GOLF COURSE SUPT ASSN OF AMER.$300 00 I Paid Chki 000905 5/23/2005 GOPHER STATE ONE-CALL E 602-49450-489 Other Miscellaneous Charges $425.03 5040655 E 601-49400-489 Other Miscellaneous Charges Total GOPHER STATE ONE-CALL $850 06 $425 03 5040655 April Locates April Locates Paid Chkf 080906 5/23/2005 GREATER W METRO HUMANE SOCIETY E 101-42110-317 Animal Care $47 93 5/5rt)5 E 101-42110-317 Animal Care $986 84 5/5/05 Total GREATER W METRO HUMANE SOCIETY $1,034 77 January Boarding 2nd Qtr 2005 Impound Paid Chki 080007 5/23/2005 HENNEPIN CO-OP SEED EXCHANGE E 101-45200-223 BWg/Grounds Mainl. Supplies $12 76 96449 Total HENNEPIN CO-OP SEED EXCHANGE $12.76 Roundup Paid Chkf 080908 5/23/2005 HENNEPIN COUNTY • HEALTH E 613-49630-441 Licenses & Taxes $136 00 13314 Total HENNEPIN COUNTY-HEALTH $136 00 2005 Food License Paid Chkf 080909 5/23/2005 HENNEPIN COUNTY INFOR TECH DP i E 101-41900-329 Other Communicalions $73.45 25047170 E 101-42110-414 EDP/Communications Equip Rent $1,570.05 25048031 E 602-49450-415 Other Equipment Rentals $53.49 25046068 Total HENNEPIN COUNTY INFOR TECH OPT $1,696.99 Database Access Radio Lease Radios - PW Paid Chkf ~0M)010 5/23i2005 HENNEPIN COUNTY SHERIFF E 101-41600-309 Jail Charges $253.82 600 Jail Charges 4/2005 Total HENNEPIN COUNTY SHERIFF $253.82 >aid dhkf OMOil 5/23/2005 HENNEPIN TECHNICAL COLLEGE E 101-42260-437 Training S Development $228.26 93413 Fire Fighter II - Wiest Total HENNEPIN TECHNICAL COLLEGE $22826 Paid Chkf 060912 5/23/2005 HICKS, JENNA E 101-42110-104 Temporary Employees Regular Total HICKS, JENNA $40 00 smms $40.00 Compliance Checks Paid Chkf 080913 5/230005 ICAPNET E 101-42110-311 Data Processing Communication Total ICAPNET 6 $800 00 2005 $800.00 2005 Database Access Taid Chkf 080914 5/23^2005 MRIGATION MANAGEMENT E 10141900-404 Ropairs/Mamt-eidgs/Grounds Total IRRIGATION MANAGEMENT $21800 15331 $21800 Irrigation Start Paid Chkf 0^15 5/23«X)5 JORSTAO S REUTHER COM E 10141900-352 PrtnIing A PuUiahing Total JORSTAO A REUTHER COM $660 00 2363 $68000 Spring Newsletter 1>aidChkf 0^16 5/23/2005 KEEPERS E 10142110-226 CluJtingApofBonaloquipmenl Total KEEPERS $805 90 35512 1805.90 Baiistic Vest 060917 5/23/2005 CITY OF ORONO *Check Detail Register® 05/20/05 1 55 PW Page 6 MAY200S ^ ^ Ww -JA -Checfc Amt Invoice Comment E 101-43000433 Memberships 4 Subscriptions Total KENNEDY A GRAVEN. CHARTERED $15 00 6/10A)5 2005 Law Update • Handbook $1500 Paid Chkf 060916 ^23/2005 KENNETH N. POTTS. PA E 101-41600306 Legal-Prosecution E 231-45650307 Legat-ConsuHing Total KENNETH N. POTTS, PA $2.50000 5/2A)5 $630 00 5/5X)5 $3.130 00 Prosecutions 4/2005 Muhlenhardt Forleiture ^JUd Chkf 080919 5/23/2005 . LABOR RELATIONS ASSOC _ E 10142110319 Other Professional Serviceb $770 00 5/1/2005 Total LABOR RELATIONS ASSOC $770 00 Sgl Contract & Discipline Issu Paid Chki 060920 5/23/2005 LEHNE'S TIRE SERVICE E 101-43270-442 SpringJall.X-mas Cleanup Total LEHNE'S TIRE SERVICE $196 50 12521 $196.50 Cleanup - Scrap Tires Paid ChM 080921 1^^005 LOGIS E 101-41900-401 Repairs/Ma'nt-Office Equip E 101-42110-401 Repairs/Maint-Office Equip E 101-41900-401 Repairs/Maint-Office Equip E 101-42110-401 Repairs/Maint-Office Equip E 101-42110-401 Repairs/Maint-Office Equip E 101-41900-401 Repairs/Maint-Office Equip Total LOGIS $90.00 25198 $169.00 25198 $45 00 25196 090.00 25198 $67.50 25198 $67.50 25198 $529.00 Anti-Virus Server Disk Space Tape Backup Anti-Virus Service Pack 2 Tervice Pack 2 Paid ChM 060922 5/23/2005 LONG LAKE , CITY OF E 101-42260-319 Other Professional Services E 101-42260-319 Other Profossionat Services Total LONG LAKE. CITY OF $43.766 25 20050021 $1,517.67 20050024 $45,286.12 Fire Service 2nd Qtr 2005 FF Payroii - 1st Qtr 2005 Paid ChM 060923 5/23/2005 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts S Accessories Total MACQUEEN EQUIPMENT $112.35 2053465 $112.35 Side Broom Set Paid ChM 080924 5/23/2005 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-CurrenI Charges $25.33615 796799 Total MET COUNCIL ENVIRONMENTAL SVCS S25.338/<5 Wastewater Chgs 6/2005 Paid Chk« 060925 5/23/2005 METRO FIRE E 101-42260-240 Smafi Tools and Minor Equip E 101-42260-240 Smafi Tools and Minor Equip Total METRO FIRE $520 96 19707 $69 23 20506 $590.19 Hose Washer - Nav Fire Hurst Tool - RAM Paid ChM 060926 5/23/2005 MINNEAPOLIS OXYGEN COMPANY E 10142110-221 Equipment Parts 4 Accessories $65 63 815768 E 101-43000-224 Street MainI Materials/Supply $32.59 R104050811 E 10142110-221 Equipment Parts 4 Accessories $21.73 RI04050812 Total MINNEAPOLIS OXYGEN COMPANY $12015 Medical Oxygen Cylinders Cylinders Paid ChM 000927 503/2005 MN OEPT Of HEALTH E 601-49400-441 UcansasSTaws Total MN DEPT OF HEALTH $23.00 Hanson $23 00 Supply Operator License E 602-49450441 Licenses 4 Taxes E 602-49450441 Ucenaes 4 Taxes E 602-49450441 Ucenses 4 Taj»i $23.00 Gregory $23 00 Oberaigner $23 00 Skreen Operator Certificate Operator Cert • Oberaigner Operator Cert • Skreen CITY OF ORONO 05/2(V051;55PM Page? *Check Detail Register® MAY 2005 Check Amt invoice Comment Total MNPOUUnONCOMTROtAGENCY-2 $69.00 Paid Chki 060929 5/23/2005 MTl DI8T CO. E 61349630-404 Repairs/Maint-Bldgs/Grounds E 61349630403 Repairf/Mainl4Asc. Equip Total MTIDISTCO. $22307 $249.95 463579-00 Irrigation Paris Irrigation Part $473 02 Paid Cbk§ 000930 5/23/2005 MUNICIPAL EMERGENCY SERVICES € 10142260-240 Small Tools and Mithk Equip E 10142260-240 Small Tools and Minor Equip E 10142260-240 Small Tools and Minor Equip E 10142260-240 Small Tools and Minor Equip E 10142260-240 Small Tools and Minor Equip Total MUNICIPAL EMERGENCY SERVICES 477.19 $346 40 $767 98 $14278 $239 00 279426 279922 281254 281716 261719 Equipment Equipment Equipment Equipment Equipment Rescue Vehicle Rescue Vehicle Rescue Vehicle Rescue Vehicle Rescue Vehicie $1,57335 Paid Chidl 080931 5/23/2005 NATIONAL WATERWORKS E 60149400-227 Utility System Maint Supplies $563 31 2289420 Total NATIONAL WATERWORKS $563 31 Parts Paid Chk« 080932 5/23/2005 NAVARRE CITGO I E 10142260-212 Motor Fuels A Lubricantr $47 86 3/1/05 Fuel - Navarre Fire E 10142260-212 Motor Fuels A Lubricants $30 00 4/10/05 Fuel - Navarre Fire E 10142260-212 Motor Fuels A Lubricants $59 50 4/23A)5 Fuel - Navarre Fire Totel NAVARRE CITGO $137.36 PaWChM 060933 S/23/2005 NAVARRE HARDWARE E 10142110-223 Bldg/Grounds Maint. Supplies $23.28 149987 Bulbs E 10143000-224 Street Maint. Materiais/Suppty $15.24 150187 Pruning Seal. Misc E 10145200-221 Equipment Parts A Accessories $2.53 150204 SHook E 10142110-221 Equipment Parts A Accessories $10.56 150444 Keys, Ring E 10143000-224 Street Maint. Matertals/Supply $4.25 150548 Hardv.ere E 10142110-221 Equipment Parts A Accessories $7 96 150652 Keys E 61349630-223 Bldg/Grounds Maint. Supplies $4807 150722 Flag. Cleaners E 61349630-223 Bldg/Grounds Maint Supplies $15 33 150753 Cable Ties, Hardwre E 10142110-221 Equipment Parts A Accessories $4 25 150978 Cleaning Supplies E 60249450-221 Equipment Parts A Accessories $6 36 151115 Marking Paint E 61349830-223 Bldg/Grounds Maint Supplies $24.98 151173 Clubhouse Supplies E 60249450-221 Equipment Parts A Accessories $12.76 161199 Marking Paint E 61349630-223 Bldg/GrouTKls Maint. Supplies $946 151311 Letters E 10143000-221 Equipment Parts A Accessories $161 151317 Washers Total NAVARRE HARDWARE $18666 Paid ChM 0to934 5/23/2005 NEXTEL COMMUNICATIONS E 10141900-321 Telephone $390 74 326160427-01 NaxWI Phones E 61349630-321 Telephone $51.45 326160427-01 Nextell Phones E 60149400-321 Telaphone $33.70 326160427-01 Nexlelt Phones E 60249450-321 Telephone $101.10 326160427-01 Neideli Phones E 10141900-321 Telephone ($74 78) 326180427-01 Nextell Phones Total NEXTEL COMMUNICATIONS $502 21 PM Chkf 060935 5/23/2005 NORLNMTS E 10148200404 Rapaifa/MaM-Bldga/Grounds $3.440 00 20120 Grading - Nev Park E 10145200404 Rapaifs/MaM-Bldga/GrouiHls $1,260 00 20127 Top Dress/Seed Na Pk Total NORLMO'S K700 00 PaMChM ( CITY OF ORONO *Check Detail Register<g> 05/20/05 1 55 PM Pagee MAY 2005 Check Amt Invoice Comment E 10142260-319Other Professional Services $329 00 80244 FF Physical - Giese Total NORTH MEMORIAL CLINIC-OCC HEAL $329 00 PaM Chki 080937 5/23/2005 OFFICE DEPOT E 10142110-201OfTioe supplies $323 54 287258970 Office Supplies E 10141900-201Office supplies $323 54 287258970 Office Supplies E 10142110-201Office supplies ($82 93) 287625579 Office Supplies E 10141900-201Office supplies ($82 93) 287625579 Office Supplies ....... £60249450-221Equipment Parts A Acoessofies $36.06 267625581 Table E 60149400-221Equipment Pads A Ac :essories $36 06 287625581 Table E 10141900-201Office supplies $11460 288799479 Office Supplies ICMYo111Office supplies $11460 288799479 Office Supplies Tout OFFICE DEPOT $782.54 Paid Chk« 080938 5/23/2005 OMAN. LYLE E 10142400-331Travel Expenses $4212 1/20/05 Mileage E 10142400-331Travel Expenses $8960 12/21/04 Mileage E 10142400-331Travel Expenses $37.66 3/17/05 Mileage E 10142400-331Travel Expenses $49 00 3/25/05 Mileage E 10142400-331Travel Expenses $39 28 3/30/05 Mileage E 10142400-331Travel Expenses $23894/26/05 Mileage E 10142400-331Travel Expenses $39284/4/05 Mileage Total OMAN. LYLE $320 83 p3dcBioeoM5 5/23/2005 ottenbrothers E 613^9630-223 BMg/Grounds Malnl. Supplies Total OTTEN BROTHERS $30 26 H6m5 Flowers $30 26 Paid Chk# 080940 5/23/2005 PHARO. CHRIS E 101-42110-221 EquiiMTient Pads & Accessories Total PHARO. CHRIS $1061 9/16d)5 Stopwatch $10.61 PaidChkO 080941 5/23/2005 PHOENIX TECHNOLOGY SOLUTIONS. E 101-42260-401 Re|>alrsd4ain1-Office Equip $150 00 IVC00271 Total PHOENIX TECHNOLOGY SOLUTIONS. $150 00 Suppod • May 2005 Paid Chki 080942 5/23/2005 PIONEER E 61 >-49830-340 General Advedising E 101-419Uw J52 Printing A Puteshing E 601-49400-352 Printing A Publishing E 602-49450-352 Printing A Publishing E 101-42400-340 General Advedismg Total PIONEER $104 00 $79.60 $131.34 $131.34 $334 32 334 40905 42305 42405 43005 Golf Guide Board of Review Bids-Hwy l2Wlr Mr. Bids-Hwy 12 Swr Pipe Applicattons $780 60 Paid Chki 080943 5/23/2005 POLICE CARS UNLIMITED G 101-19999 Suspense Account $100 00 5/10/05 Refund - Overpayment Total POLICE CARS UNLIMITED $100 00 Paid Chkf 060944 5/23/2005 POST BOARD E 101-42110-441 Licenses A Taxes E 101-42110-441 Licenses A Taxes Tetal POST BOARD $90 00 $9000 11352 7566 POST License-McNichols POST Lie -Moroezynski $180 00 RaidCMci 060945 5/23)2005 PRECISION Tl^ E 61349630-223 Bld:|/GfOunds Maeil Supplies Total PRECISION TURF $79 88 24550 GC Turf Chemicais $79 86 CITY OF ORONO 0!U2(V051:5SPM Pages *Check Detail Register® MAY 2005 Cliecli Asnt Invoice Comment Paid Chki 080946 5/23/2005 PRESS S NEWS PUBLICATIONS £613^9630-340 General Atfveftiiing $312 00 4101573 Total PRESS S NEWS PUBLICATIONS Golf Guide $312.00 Paid Chki 080947 5/23/2005 RICKS SUPERVALUE E 61349630-221 E'^uipment Parts & Accessories E 101-42110-221 Eqi JpmenI Parts & Accessories E 613-49630-221 Equipment Parts & Accessories : Total Ricics supervalfie $560 5f6t05 $44 55 5/7/05 $20 86 5/9/05 Ice. Ftower Water. Pop Napkins S71.03 Paid Chki 060948 5/23/2005 ROTA E 101-42110-437 Training & DevelopmenI E 101-42110-433 Memberships S Subscriptions Total ROTA $40 00 1320 $100 00 1342 2004 ROTA Tmg Day 2005 Membership $140.00 Paid Chk# 080949 5/23/2005 SAFE ASSURE E 601-49400-437 Training S Development E 60249450-437 Training S Development E 10143000437 Training S Development Total SAFE ASSURE $87375 1 $87375 1 $1,747.50 1 2005 Safety Training 2005 Safety Training 2005 Safety Training $3.495 00 Paid Chki 080950 5/23/2005 SAFETY SIGNS E 60249450415 Other Equipment Rentals E 10143000-226 Clothing A personal equipment E 10143000415 Other Equipment Rentals Total SAFETY SIGNS $175 73 50362 $25.78 50362 $207.68 50362 Barricades Traffice Vests Barricades $409 19 Paid Chkf 080951 5/23/2005 SBC PAGING E 10142110-321 Telephone $5.15 800009202610 Police pagers Total SBC PAGING $5 15 Paid Chk# 080952 5/23/2005 SECURINT - ACCOUNT 5742 E 10142110-319 Other Professional Services ___ Total SECURINT-ACCOUNT 5742 $17 00 574220050430 Credit Reports $17.00 Paid Chki 060953 5/23/2005 SENIOR COMMUNITY SERVICES E 10141600490 Contributions to Civic Org s Total SENIOR COMMUNITY SERVICES $4.270 00 5/2A)5 2nd Qtr 05 Sr Services $4,270^3 Paid Chki 080954 5/23/2005 SILUS. BARBARA E 10141300437 Training 5 Development Total SILUS. BARBARA $25 25 5/11/05 Mileage/Parking-Mumopab $25 25 Paid Chki 080955 5/li/2005 SPRING PARK. CITY OF G 101-19999 Suspense Account Total SPRBIG PARK. CITY OF $225 00 5/11/05 Sp Pk Share-Reinholdz Forf $225 00 Paid Chki 080956 5/23/2005 STREICHERS E 10142110-226 Clothing A personal equipment E 10143000-221 Equipment Parts A Accessories E 10142110-226 Clothing A personal equipment E 10142110-226 Clothing A personal equipment E 10142110-226 Clothing A personal aquipment E 10142110-226 Clolliing A persorel equipmeni E 10142110-226 Clothing A ptrsotial equipment E 10142110-226 Clothing A personal equipnieni $25 33 $26 57 $129 95 $129 95 $6943 $27465 $14651 $16 05 1254203 1254766 1256431 1256439 1257467 1256241 1256510 1256821 Strap Kit - Fischer Battery Boots • Schoenhoir Boots-Pharo Shirt • Tomcheck Boots. Shirts - Toewe Traffic Vests Badnn Case I_J CITY OF ORONO Check Detail RegistehD 05/20A)5 1:55 PM Page 10 MAY2005 Check Amt Invoice E 10M2110-226 Clothing & perionat equipment E 101-42110-226 Clothing & perionai equipment E 101-42110-221 Equipment Parts & Accessories E 101-42110-221 Equipment Parts & Accessories Total STREICHERS $13 90 1258907 $108 80 1259440 $46 75 1259483 $52.08 1265365 Comment Name Tags. Erickson/Toewe Pants. Hat - Anderson Strobe Tube Corner Stobe $1.04197 Paid Chk« 080957 5/23/2005 SUMMIT SUPPLY CORP OF COLORADO E 101.45200-223 BMo/Groundt Maint Supplies $18 23 43656 Total SUMMIT SUPPLY CORP OF COLORADO $18.23 S Hooks Paid Chk# 080958 5/23/2005 THORPE OIST CO. E 613-49900-091 Beer For Resale $142 50 372376 Beer for Resale ToUl THORPE DIST CO.$142 50 Paid Chk# 080959 5/23/2005 TOLL GAS S WELDING SUPPLY E 10143000-224 Street Maint Matenals/Supply $86 60 354345 E 10143000-224 Street Maint Materials/Supply *6 24 473868 Total TOLL GAS SWELOtNC SUPPLY $92 84 Wekting Supples Cylinder Invoice Paid Chk« 080960 5/23^005 TWIN CITY STRIPING E 10143000408 Contracted Street Maint Total TWIN CITY STRIPING $7.034 00 3058 $7,0?4 00 Street Striping Paid Chit* 080961 5/23/2005 UNIFORMS UNLIMITED E 10142110-226 Clolhing & personal e<|ulpmbr.: E 10142110-226 Clolhing & personal equlpnient Total UNk ORMS UNLIMITED $8 31 268205 $150 80 268236 $159.11 Patch - Ccrnick Shirts - Stensnid Pak. Chk# 080962 5/23/2005 VIKING INDUSTRIAL CENTER E 10143000-226 Clolhino $ Personal equlpnient $227 60 156933 Total VIKIHO INDUSTRIAL CENTER $227 60 Waders. Rain Jacket Paid Chkf 0^3 5/23/2005 VILLAGE CHEVROLET E 10143000-222 Vehicle Equipment S Parts Total VILLAGE CHEVROLET $2942 78030 $29 42 Pais Paid Chki 6M)964 5/23^)05 VOGT HEATING S AIR E 10141900-404 Repaks/Malnt-SIdgs/Grounds Total VOGT HEATINO S AIR $277 00 301813 $277 00 ACi6 Paid Chk« 0^5 5/23/2005 WESTSlOE EQUIPMENT E 10143000-222 Vehicle Equipment S Parts Total WESTSlOE EQUIPMENT $15 00 549374 $15 00 Repair Tire PaidChka C80966 5/23^2005 WESTWOOD PROFESSIONAL SERVICES E 101-43290-800 Soecial Proiects. CofiUngency $170 00 504097 Total WESTWOOD PROFESSIONAL SERVICES $170 00 Demuth Reforestation >aid Chk# 080967 5/23/2005 WHITE BEAR LAKE, CITY OF E 101-42110437 Tramino $ Develoomeni $43 20 5/6/05 Total WHITE BEAR LAKE, CITY OF $43.20 Meals/Parking Training E 101-432904KX) Special Protects. Contingency E 101-43290-600 Special Projects. Contingency Total ttrSB $6.780 14 2 $5.354 10 3 Hery 12 Turnback Hwy 12 Tumbadc $12,134.24 ff CITY OF ORONO 05/2(V05 1 55 PM Page 11 *Check Detail Register® MAY 2005 Check Ami Invoice Comment ■•1 Paid ChkO 0^9 5/23/2005 XCEL ENERGY E 101-41900-351 Gat & Electric E 613-49030-351 Gat 5 Electric E 602-49450-351 Gat 5 Electric E 101-43000-356 Street UgMing E 601-49400-351 Gat 5 Electric E 101-43000-356 Street UgMing E 101-43000-301 Gat & Electric -------E101-42M0-951 GataEteetric E 101-45200-301 Gat 6 Electric E 101-42110-351 Gat a Electric E 101-41900-351 Gat a Electric E 601-49400-351 Gat a Electric E 613-49030-351 GataEtodric E 101-42110-351 Gat a Electric E 101-41900-351 Gat a Electric E 101-42110-351 Gat a Elactric E 10143000-356 Street UgMing E 60240450-301 6u 6 Electric E 10145200-351 Gat a Electric E 10143000-356 Street UgMing E 10143000-301 Gat a Electric E 60149400-351 Gat A Electric 50.00 51-6905570-1 $195.60 51-6905570-1 $1,370.61 51-6985570-1 ($1.057 35) 51-6985570-1 $2,421.79 51-6985570-1 $2.48360 51^985570-1 $304.44 51-6985570-1 $9.16 61-6085570-1 $22.04 51-6985570-1 $544.03 51-69855701 $664 93 51-69855701 $1.154 32 51-69855701 $158 54 5169855701 $512 09 5169855701 $1,225.40 5169855701 $6.26 51698t.'701 $4,143.93 5169855701 $1.579 59 5169855701 $22 84 5169855701 ($3,202 30) 5169855701 $29412 5169855701 $3.018 57 5169855701 Electricity Electricity Electricity Elect ncity Electricrty Electricity Eler*ricity Electricity Electricity Electricrty Electricrty Electricity Electricity Electricity Electricity Electricity Electricity Electricity Electricity Electricity Electricrty Electricity Total XCEL ENERGY $15,846.18 PaWChMI 080970 5/23/2005 YELLOW BOOK USA E 01349030-340 Genaral Adviriialng Total YEUOW BOOK USA $63 00 303866 Directory Advertising $6300 Paid bhkS 68097'i 5«3«005 2EP MANUFACTURING CO. E 10143000-224 Street Maint. Materlals/Supply >11213 57131419 Total ZEP MANUFACTURING CO. $11213 Towels. Wasp Spray 10100 Prfmaiy Cash $185,783.93 Fund Summary 101 GENERAL FUND 231 DRUG/FELONY FORFEITURE FUND 436 PERMANENT IMPROVEMENT REVOLVE 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTIUTY OP fFUND 10100 Primary Cash $124.201 70 $630 00 $839.10 $18.51169 $35,213.70 $5.63004 $757.70 $185.78393 .4 • • CITY OF ORONO check register Chock Numhtr Bmploytt Namt Pay Ptflod Chr«k AmotftTi 055026 055027 055026 055029 055030 PE iERSON. BARBARA MCMILLAN. ELIZABETH T. MOORSE. RONALD J. SANSEVERE. ROBERT K. MURPHY. JAMES L :imf7E.aAIIES M. 5 5 5 5 S 1323.22 $269.36 $369.40 $269.36 $269 36 426S36 $1,770 06 % « '.f ‘ ■■ ■ % ./•" .- V'- , •; V XX r -\: ••V • 'V::: ; •.; . /.V • • •. ■ e-‘- : '■. ’•*,»*■ ’ •• • * •- : * * ' '• i ^ ’j • ■••:. v:- yy 1. •:' ClMck Date Clwck Status SIW2O05 Outstanding S/9/2005 Outstanding S’9/2005 Outstanding 5/9/2005 Outstanding 5/9/2005 Outstanding 5W2005 Outstanding ^ jisflliilljav :■jiiiHIk. wAaihlli I. ’■y.- d :i V"r^v-a ■ fs 05/06/05 10 45 AM Psgel 'I Ik.. ', A ■ • •' A X - 4' V' -m - ' ' ..... * I • « Chtcli Muffilwr EmployM Hmm 004310 055062 004311 004312 004313 MCX)RSE. RONALD J. FISCHER, CHRISTOPHER K. situs, BARBARA G VEE, LINDA S KUEHN, THiiMAS M. M«14 OL30N.tTONaiO3, 004315 PETTIT, SANDRA K. ANDERSON. BRUCE L. BOBZIEN, SUE A. BORIS. SCv.^W. BUDIG, STACIE M CORNICK. JAMES L DAY. SUSAN J. DEMBOUSKI. JAY C. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R. MCNICHOLS. DAVID L RUSSEfH. KYLE M SCHOENHOFF. JOHN B. STENSRUD. CHAD R. TOEWE. KIMBERLY D. TOMCHECK, LAWRENCE F TOMCZYK. MARKW. WHITE. ANTHON'" J. WITTKE. ANTHONY A. KUSZCZ.DAVIDA. PHARO, CHRISTOPHER M. CURTIS. MELANIE QAFFRON, MICHAEL P. GAPPA. GREGORY A. GUNDLACH. JANICE J MEYER. WiaiAMC. OMAN. LYLE E. DEBAERE. DONALD L FASCHING. GREGORY P. HANSEN. STEVEN OBERAIGNER. SCOTT G. OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN. BARRY J. DODGE. RACHEL M. LESKINEN. DENISE M. BOBZIEN. SUE A. BORIS. SCOTT W. ERICKSON. KURTR FARNIOK, CORREY L. FISCHENICH.DANT. MADSON. ADRIENNE M MCNICHOLS. DAVID L. MOROWCZYNSKI. JAMES PERSEU. WiaiAM R TOMCHECK. LAWRENCE F QAFFRON. MICHAEL P. OMAN. LYLE E VANG. BRUCE L GREGORY. JAMES D. HANSEN. STEVEN OBRIEN. RANDY L palmer. GREGORY A. 004216 004317 004318 004319 004320 0043:^1 004322 004323 004^^^ 004325 004326 004327 J04326 004329 004330 004331 004332 004333 004334 004335 004336 004337 004338 004339 004340 004341 004342 004343 004344 004345 004346 004347 004348 055032 055033 055034 055035 055036 055037 055036 055039 055040 055041 055042 055043 055044 055045 055046 055047 055048 055049 056050 CITY OF ORONO chevk register Pay Check Check Parlod Amount Date Check Status 10 $2,389.44 5/11/2005 Outstanding 10.1 $1.932 85 5/11/2005 Outstanding 10 $695 67 5/11/2005 Outstanding 10 $1,110 43 5/11/2005 Outstanding 10 $1.40918 5/11/2005 Outstanding -^‘10 .231.14 _ 5/11/2005 Outstanding 10 $1,094.24 5/11/2005 Outstanding 10 $2,091.19 5/11/2005 Outstanding 10 $855.00 5/11/2005 Outstanding 10 $20.00 5/11/2005 Outstanding 10 $863.82 5/11/2005 Outstanding 10 $1.754 68 5/11/2005 Outstanding 10 $1,258 26 S/11/2005 Outstanding 10 $2.27313 5/11/2005 Outstanding 10 $;,64373 5/11/2005 Outstanding 10 $2,002.80 5/11/2005 Outstanding 10 $1,100.00 5/11/2005 Outstanding 10 $1,401.59 5/11/2005 Outstanding 10 $1,626.32 5/11/2005 Outstanding 10 $1,215.01 5/11/2005 Outstanding 10 $1,204.28 5/11/2005 Outstanding 10 $900.00 5/11/2005 Outstanding 10 $1.469.0Ti 5/11/2005 Outstanding 10 $1,235.98 5/11/2005 Outstanding 10 $1,534.53 5/11/2005 Outstanding 10 $486.78 5/11/2005 Outstanding 10 $927.95 5/11/2005 Outstanding 10 $1.183 05 5/11/2005 Outstanding 10 $125.00 5/11/2005 OutsUnding 10 $1.834 20 5/11/2005 Outstanding 10 $1,302.57 5/11/2005 Outstanding 10 $582 00 5/11/2005 Outstanding 10 $1,400.00 5/11^005 Outstanding 10 $1,582.95 5/11/2005 Outstanding 10 $1.006 26 5/11/2005 Outstanding 10 $875.00 5/11/2005 Outstanding 10 $1.435 54 5/11/2005 Outstanding 10 $550.00 sV11/2005 Outstanding 10 $400.00 &'11/2005 Outstanding 10 $200 00 5/11/2005 Outstanding 10 $1,089 89 5/11/2005 Outstanding 10 $939.00 5/11/2005 OutsUnding 10 $7878 5/11/2005 OmsUnding 10 $1,538 06 5/11/2005 OuUUnding 10 $1,680.78 5/11/2005 OutsUnding 10 $1.954 74 5/11/2005 OutsUnding 10 $1.634 07 5/11/2005 OutsUnding 10 1885 63 5/11/2005 OutsUnding 10 $684.34 5/11/2005 Outstanding 10 $1.749 53 5/11/2005 Outstanding 10 $301.83 5/11/2005 Outstanding 10 $722 19 5/11/2005 OutsUnding 10 $1,436.95 S/11/200S Outstanding 10 $356 78 S/11/2005 Outstanding 10 $1,385.06 5/11/2005 OtJtsUnding 10 $1,002.08 s/11/2005 Outstanding 10 $372.39 S/11/2005 Outstandbtg 10 $752.51 S/11/2005 Outstanding ID ^$1,141.76 5/11/2005 Outstanding OS/11/05 8:12 AM Page 1 . 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