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08-22-2005 Council Packet
F I . Public A ttendance Meeting Date e-zzof & Council □ Planning Commission □ Park Commission □ Other Please ntLOUTTHE information requested BELOW FOR OUR CITY RECORDS. NAME (please priat)ADDRESS PRESENT FOR (from ageoda) NAME OR NUMBER 1 2. ^CT^O , fij. 3.. 4.-. r ' 5. 7. 8. 9.. 10. 11-. 12. ■■■01 .Rrjr- «* , ! .V, #B«PMilA riOh __i COUNCIL MEETING AUG 222 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 22,2 ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO'Mim (*) 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 items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA I. ^yptove/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of August 8,2005 PRESENTATION 3. 2004 Comprehensive Annual Financial Report - Ken Malloy RECOGNITION 4. Doiution from Lisa Erickson for Highway 12 Shuttle Bus PARK COMMISSION COMMENTS - JefTSoderstrom, RepresenUtive PLANNING COMMISSION COhAlENTS - Jim Leslie, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. #04-3039 Wetland Ordinance - Ordinance Adoption 6. #05-3104 David and Renee Mack, 1978 Shadywood Road - Variance 7. #05-3129 Ascent Investments, Inc. on behalf of Douglas Klint, 13^r^ Rest Point Lane - Variance 8. #05-3134 Richard and Patricia Crosby, 2705 Walters Port Lane • Variance • Resolution * 9. #05-3140 Andrew and Kristen Ronningen, 3030 Casco Point Road-Variance-Resolution * 10. #05-3144 Berkshire Properties, 2745 Kelley Parkway - PUD^Commercial Site Plan Renewal - Resolution 11. Appeal of Enforcement Action - 2990 Casco Point Road * 12. Agreement for Vegetated Wetland Buffer Maintenance - MCWD/Orono - Willow View - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 13. Request for Payment Number 1 • Industrial Park Watermain Improvements 14. Request for Final Payment - Casco Cove Storm Sewer Project 15. Accept Quotation - Lift Station 21 1 & 1 Reduction Project f. ' i . i i I• i J mr?w. jtc/iJOD I. i J ^ * L AGENDA. FOR COUNCIL MEETING SET FOR MONDAY* AUGUST 22* 2005* 7:00 P.M. ORONO COUNCIL CHAMBERS* 27S0 KELLEY PARKWAY* ORONO* MINNESOTA CITY ADMINISTRATOR'S REPORT 16. Accept Resignation of Stacie Budig and Advertise to Hire Full Time Police Administrative Support Assistant-Records 17. AccqH Safe and Sober Grant Payment and Award 18 Park Commission Appointment 19. Minnesota Counties durance Trust Drug and Alcohol Testing Program Participation Agreement CITY ATTORNEY'S REPORT 20. LICENSES Annual Trap Shooting Temporary One Day Liquor License * 21. BILLS UPCOMING ISSUES AND EVENTS 08/22 - Council Work Session* Monday* 6:30 p.m. 08/22 - Council Meeting* Monday, 7:00 p.m. 08/23 - Council Work Session, Thursday, 5:45 p.m. 09/05 • HOLIDAY* Labor Day 09/06- Resume Regular Office Hours* 8:00 a.m. - 4:30 p.m. 09/06 - Park Conunission Meeting* Tuesday, 7:00 p.m. {Council Liaison • Jim White) 09/07 - Planning Commusion Work Session* Wednesday. 5:30 p.m. 09/12 - Council Meeting, Monday* 7:00 p.m. 09/15 - Council Work Session, Thursday, 5:45 p.m. 09/19 • Planning CommiMion Meeting* Monday* 6:00 p.m. (Council Liaison - Mayor Peterson) 09/26 - Council Meeting* Monday* 7:00 p.m. 09/29 - Council Work Session* Thursday, 5:45 p.m. ; : ’ X A • ■ *'• • p. MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Aagatt 8,2005 7:00 o ’dack pjn. COUNCIL MEETING AUG 222005 CITY OF ORONO ROLL The Orono City Council met op the above-mentioned date with the following members present: Mayor Barbara Peterson; Council Members Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffion, Planners Melanie Curtis and Janice Gundlach; Engineer Tom Kellogg (arrived at 7:18 p.m.), Public Service Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1.APPROVE/AMEND Items 9,11,13,14, IS and 16 were added to the Consent Agenda. White moved, McMBIu secooded, to approve the Cooseot Agenda as amended. VOTE: AyeaS,Nnys0 APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JULY 25,2005 White moved, McMillan seconded, to approve the minutes of the July 25,2005 City Connell meetingmsubmitted. VOTE: Aycs5,NaysO. PRESENTATION 3. RECOGNITION OF HENNEPIN COUNTY WATER PATROL, ORONO POLICE DEPARTMENT, LONG LAKE FIRE DEPARTMENT AND EXCELSIOR FIRE DISTRICT FOR OUTSTANDING SERVICE RELATED TO LAKE MINNETONKA The Orono City Council recognized the members of the Hennepin County Water Patrol, the Orono Police Department, die Long Lake Fire Department, and the Excelsior Fire District for their outstanding service, particularly related to a number of incidents on Lake Minnetonka. PAGEl r / -. 3iM I ii •i vi Ct .. i S r.U.. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Angnit 8,2005 7:00 o’clock p.m. PARK COMMISSION COMMENTS - Rick Rice, ReprcMotative Rice reported the Park Commission toured Big Island recently, noting that a good portion of the island does consist of wetlands. Rice commented some additional public docks on the island would be useful. Rice stated maintenance of the parkland on the island would probably be an issue and will need to be addressed by the Park Commission. PLANNING COMMISSION COMMENTS - J. Marc Fritzler, Representative Fritzler stated he had nothing to repon but would remain for questions. PUBUC COMMENTS Andrew McDermott, LMCD Representative, addressed the City Council regarding The Future of the Lake Event sponsored by the Lake Minnetonka Conservation District and Crystal Picrz Marine. McDermott encouraged the City Council to attend this worthy event. McDermott reported the harvesting program is proceeding well, but noted that the milfoil is growing at a faster than anticipated pace. McDeimott noted inspections for zebra mussels would be conducted at the major docks this coming weekend. McDermott stated the City of Deephaven has requested the LMCD develop a plan and research the anticipated costs to implement a program to help prevent zebra mussels from entering Lake Minnetonka. McDermott stated the LMCD will also be changing the de-icing regulations for this upcoming winter and that they will be reviewing whether any additional permanent docks should be allowed in the future. McDermott noted the LMCD has passed their budget for the upcoming year. Paul Raster, 2600 Casco Poini Road, noted he was in attendance at the July 11 council meeting. Raster stated at that meeting he was under the impression that screening was an option for concealing his tractor, adtich he has since found out is incorrect. Raster apologized for his misunderstanding. ZONING ADMINISTRATOR’S REPORT *4. 405-3112 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING - VARIANCE AND SUBDIVISION - RESOLUTION NO. 5364 and 5365 White nMved, McMillan seconded, to adopt RESOLUTION NO. 5364, a Resolution Approving a Snbdivltion of a Lot Line Rearrangement for Properties Located at 4480 Forest Lake Landing and 1090 Wildhnrst Trail; and to adopt RESOLUTION NO. 5365, a Resointion Granting Rcar/Street Yard Setback and Hardcover Variances for the property located at 4480 Forest Lake Landing. VOTE: Ayes 5, Nays 0. I i PAGE 2 r- MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Aagait 8,2005 7:00 o’clock pja. S. MS412S CHRISTINE VALERIUS, 2377 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - AMEND RESOLUTION NO. 5359 Christine Valerius, Applicant, was present. Gundlach stated the applicant received approval of a conditional use permit to allow an office in a B-1 zoning district at the July 25,2005 Council meeting. Following approval of the resolution, the applicant hM requested an amendment to allow for monument signage for the proposed office uses. The signage was prohibited utuler the ^iproved resolution. Gundlach indicated the proposed signage by the applicant has been included in Council’s packet as Exhibit A. Gundlach noted Item 6 of the resolution prohibits exterior building signage for the proposed offices except for a nameplate to be no larger than 1.5 square feet per office use, with monument signage being inohibited. Gundlach stated it was Staffs understanding the offices would be one and two person offices requiring limited to no customer visits, which would also factor into the amount of parking required. Staff felt allowing monument signage may not meet the intent of the approval as monument signage is typically desired to draw customers into die site. Valerius indicated she was surprised that the restriction on the signage was included in the resolution and that it would be difficult to rent the office space if the tenant is not allowed to erect a sign. Sansevere stated he had the undentanding that only one office would be rented. Valerius stated they are planning to occupy one of the offices but that in the future they may decide to rent that office out u well. Valerius stat^ Caribou Coffee has agreed to make their sign smaller to accomnwdate the other signage on the monument sign. McMillan inquired whether Caribou Coffee is allowed to have a monument sign. Gundlach noted Caribou Coffee is operating under a conditional use permit and is in compliance with the signage requirements for the B*1 District. Gundlach stated 254 square feet of signage is allowed under the code for this zone. McMillan inquired whether Caribou Coffee would also have signage on the building in addition to the monument sign. Gundlach indicated there would be. McMillan inquired whether the applicant is interested in erecting signage on the building. Valerius stated she is not. White indicated he does not have a problem with the request to amend the resolution and concurred that it would be difficuh to rent the q>ace if the tenant is not allowed to display a sign. White noted the tenant would not be a high-volume business. FAGE3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Angnst 8,2005 7:00 o’clock p.m. (005^125 Christlac Vakrini, ConUnncd) Muipl^ inquired whether the signage for the two offices was included in the original application. Gundlach stated it was not. Murphy inquired where the monument sign would be located. Gundlach stated it would be located on the Shadywood side of the building in the northern comer, which does meet all the required setbacks. Murphy indicated he had the understanding at the last meeting that no signage would be permitted under the resolution, which would include Caribou Coffee. Gundlach stated Caribou Coffee was a separate application for a conditional use permit. Gundlach stated signage for Caribou Coffee was not discussed. Valerius stated signage for the two offices was also not discussed at the council meeting. Peterson commented it was her understanding that the offices would not generate a high amount of baffic and that signage would not be necessary. Valerius stated in her opinion the tenants should have the right to erect a sign. Peterson noted the business was approved conditionally. Gundlach stated die City has the right to impose reasonable standards to insure that the use operates in the manner the City would like it to operate Gtmdlach stated the two main issues discussed were the impact on the parking and how intense the use would be. Barrett stated to his understanding the City can inqiose some restrictions with a conditional use permit but diat the legal question is what the B-1 zoning allows for signage. Barrett stated if signage is allowed in the B*1 zoning district, the City probably could not prohibit signage on this site as part of the ctmditional use permit. McMillan commented she was surprised that a monument sign was going to be erected on this site. Sansevere inquired whether the size of monument sign being proposed in this instance exists elsewhere in the area. White sUted there are also similar signs located in the neighborhood. White commented that the applicant has put a considerable investment in this property and that this area currently has a number of signs. PAGE 4 r i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Aagntt 8,2005 7:00 o’clock p.m. (00S>3125 Christine Valerios, Contlnned) Valerius stated signage was not discussed at the previous council meeting and that she was not notified that signage would not be allowed on the property until she received the resolution in the mail. Peterson pointed out that the other businesses in this neighborhood do not have a freestanding sign. Gundlach indicated the other properties do not meet the requirements for a freestanding sign. Murphy stated in his view a monument sign might be excessive for this property, but since the City has allowed signage for Caribou Coffee on this site, it would be difTicult to restrict the other two offices from erecting a sign. Sansevere inquired what the size of the signs would be for the two offices. Gundlach stated the applicant has indicated the signs would be eight inches tall by the length of the monument. Sansevere noted the two smaller signs would take up approximately two feet of the m<mument sign. Peterson indicated she is in agreement with the language contained under Staffs recommendation. Peterson stated she had the understanding that the office use did not require signage and that the signage for Caribou Coffee would be located on the building. Valerius noted a monument sign is allowed in the B*1 District and that a monument sign has been erected at the Snyder Drug across the street and at Culver’s, along with a number of other businesses in the area. Murphy noted the City does allow monument signs in the B-1 district. Murphy stated he did not realize that Caribou Coffee was going to erect a 10-foot monument sign. Gundlach noted the City did a(kq>t a monument sign amendment approximately one year ago and that this sign is in compliance with those standards. WhUc moved, McMillan seconded, to approve an amendment to Resolution No. 5359 for the conditional use permit issued to Christine Valerius to aUow monument signage for the two office spaces situated above Caribon Coffee located at 2377 Shadywood Road as proposed. Sansevere commented he has the impression that the offices are being portrayed in two different ways depending on what the applicant wants at the time. Sansevere stated he feels like he has been duped. Valerius stated it was never her intent to try to dupe anybody on the council and that she was not aware of the restriction on the signage. Valerius acknowledged that their application did change slightly as time went on. Valerius reiterated the restriction on the signage was never discussed. PAGE 5 I i.binmiain^i ,r.tfM \ 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Aagatt 8,2005 7:00 o’clock p.ni. (M0S*3125 Christine Valerios, Continned) Gundlach stated the restriction on the signage was included in the resolution that was mailed to the applicant prior to approval of the resolution at the last council meeting. Valerius indicated she was not aware that language was included within the resolution or she would have brought it up at the last council meeting. Gundlach noted the qjplicant was not present at the last meeting. Peterson reiterated it was her understanding that the office space would not be a high volume business that would require signage. Murphy commented that this application has grown considerably over the course of the past few months. Sansevere stated he would approve the signage since it is allowed in the B-I District. Peterson inquired whether the Planning Commission should review this change. Gaffron stated in his opinion it is not a significant enough change to warrant bringing it back before the Planning Commission. VOTE ON THE ABOVE MOTION: Ayes 4, Nays 1, Peterson Opposed. *6. 805-3126 TODD AND MYSTICOURNEYA, 4620 TONKAV1EW LANE - VARIANCE - RESOLUTION NO. 5366 White moved, McMHIan seconded, to adopt RESOLUTION NO. 5366, a Resolution Granting a Front Yard Setback Variance for the property located at 4620 Tonkavlcw Lane. VOTE: Ayes 5, Nays 0. *7. #05-3128 GREGORY O’CONNOR AND RICHARD FRUEN, 400 AND 410 BIG ISLAND LOT LINE REARRANGEMENT - RESOLUTION NO. 5367 White moved, McMHIan seconded, to adopt RESOLUTION NO. 5367, a ResolutioB Approving a SnbdlvIsioB of a Lot Line Rearrangement for Properties Located at 400 aad 410 Big Island. VOTE: Ayes 5, Nays 0. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, Aagait 8,2005 7:00 o’clock pjn. 8. 805-3129 ASCENT INVESTMENTS, INC, ON BEHALF OF DOUGLAS KLINT, 1345 REST POINT LANE - VARIANCE PctcnoM novcd, Morphy Mcooded, to tabic AppIlcatloB 805-3129, AKcnt Investments, Inc., on behalf of DonglM KUnt, 1345 Rest Point Laae, at the request of the applicant. VOTE: AycsS,Nays0. *9. 805-3130 STEPHEN AND JEAN SKORO, 2428 CASCO POINT ROAD - VARIANCE - RESOLUTION NO. 5368 White moved, McMillan seconded, to adopt RESOLUTION NO. 5368, a Resolution Granting a hardcover variance for the property located at 2428 Casco Point Road. VOTE: Aycs5,NaysO. *10. 805-3133 BRUCE AND ELIZABETH NUSBAUM, 3480 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 5369 White moved, McMUIan seconded, to adopt RESOLUTION NO. 5369, a Resolution Granting Variances and a CondItloBal Use Permit for the property located at 3480 North Shore Drive. VOTE: Ayes 5, Nays 0. *11. 805-3138 DAN LARKIN ON BEHALF OF SANDRA BENSON, 1376 BALDUR PARK ROAD - VARIANCE - RESOLUTION NO. 5370 White moved, McMillan seconded, to adopt RESOLUTION NO. 5370, a RcsoIntloB Granting Variances for the property located at 1376 BaMur Park Road. VOTE: Ayes 5, Nays 0. 12. HOME OCCUPATION L1CENSE REVIEW - 830 FOREST ARMS LANE Jeff and Tracy Cordes. 830 Forest Arms Lane, were present. Curtis stated in response to an inquiry regarding the home occupation license status of the landscaping and contracting business at 830 Forest Arms Lane, Staff researched the file and determined that no home occupation license has been issued for this property. Curtis stated in cases where it is unclear whether a home occupation should be classified as Level I or Level 2, the zoning administrator shall make such a determination subject to city council confirmation if requested by the operator of the h(«me occupation. In this instance, it is unclear as to whether or not the property owners are operating a Levelhome occupation or if the use is prohibited. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, AagasI 8,2005 7:00 o’clock p.m. (Homo OccapotioB Uccmc Review, Cootiooed) Curtis indicated home occupations are subject to sixteen performance standards. It appears to Staff that the applicants are unable to meet four of the sixteen performance standards; specifically standards five, six, eight and nine. Section 78-1376(e) defines seven categories of “prohibited home occupations" which have a tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that Aversely impact residential neighborhoods and shall be prohibited as home occupations. Curtis stated it appears that categories four and seven potentially fit the activity associated with the current landscaping business operation. Suffbelieves that the level and the type of activity of this landscape business as it is currently being operated falls into the category of a prohibited use and should be discontinued in residential neighborhood. COuikiI is requested to review the information and make a determination as to whether the applicants’ business qualifies as a Level 2 or is prohibited. Should the Council determine that the business qualifies as a Level 2 home occupation, additional appropriate performance standards or conditions should be considered. Mrs. Cordes stated the reason they are before the council is that they were unaware a license was necessary until several months ago when they received notification from the City. Cordes stated they did attempt to comply with the City’s requirements outlined in the notification, but due to the heavy rains experienced in the spring, they were delayed in completing all the items. Mrs. Cordes stated they feel they are not running a business out of their residence but merely storing the equipment on their property. Cordes stated they have one employee currently who parks his truck at the rear of their property out of sight of the neighbors and that thm is no adverse impact on the traffic. Mrs. Cordes stated there is no exterior signage for this business and they have not changed the look of the property to accommodate this business. Sansevere inquired whether every piece of equipment is stored indoors. Mrs. Cordes stated it is unless it is being used somewhere offsite. Cordes stated they started building the garage in October of last year and nothing was brought to their attention at that time. Cordes indicated they do plan to move the business offsite should the business grow to that point. Mrs. Cordes indicated the only noise that comes from their property that is in any way related to this business is driving out in the morning and returning to the property at the end of the day. Cordes indicated the bobcat was utilized to do some personal landscaping on their property but that the majonty of the noise heard from their property does not emanate from the business. Sansevere inquired whether the four standards cited by Staff could be met. Mrs. Cordes stated Item No. 6 occurred pnor to the garage being completed and that currently there is nothing being stored outdoors. PAGES n i i « \l n \ i- .1 t ! '9 MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, AagMft 8,2005 7:00 o*clock p.m. (Hoac OeaipatioB UctMC Review, CoatfaBed) Sifuevere inquired whether SufThu returned *jo the property. Curtis stated she has not been back to the property since her initial inspection. Mr. Cordes distributed pictures of their property to the Council. vere inquired whether Items 5,6,8 and 9 could be complied with. Curtis stated the property owners would not be able to address Item S unless the equipment is moved offsite. Curtis indicated that only the RRUA and RRI-B zoning districts allow accessory buildings to be utilized for home occupations. Ky Sorenson, 860 Forest Arms Lane, stated a drastic chanqe has occurred since the City has become involved in this situation, but that up until appro.ximately six weeks ago, the equipment was spread all over the neighborhood. Sorenson stated he has a fundamental right as a property owner to enjoy the peace and quiet and that in his opinion, given the zoning of this area, a landwaping business should not be allowed on this property. Sorenson stated this situation is beyond what good neighbors should be required to tolerate. Robert Bonnema, 800 Forest Arms Lane, indicated this area is zoned residential. Bonnema stated he did hire Jeff approximately one year ago to mow his land but that this business has grovn over the past year. Bonnema distributed pictures to the couiKil of the Cordes property that were taken within the past six weeks. Bonnema explained that a gravel road has also been constructed along the property line to access the accessory structure. Bonnema noted his property is currently for sale and that his real esute agent has informed him that if this home occiqMtion license is approved, it would have a 10 to 20 percent negative impact on the value of his house. Mrs. Cordes stated she does not want to downplay the concerns of the neighbors, but diat there are also a number of neighbors who do not have any issue with their business. Mr. Cordes stated one of the neighbors who did sell their residence did submit a letter indicating that their business did not negatively affect the value of their property. McMillan inquired whether this property is in compliance with the hardcover limits. Gaflhm slated the gravel driveway is relatively new and that Staff does not have any issue with the physical improvements to the property since they ha\'c not required any variances. FACE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Aagast S, 2005 7:00 o’clock pjn. (Home Occapatloa License Review, Coadnaed) Muiphy inquired whether diey have a business address separate from their home address. Mr. Cordes indicated their address is not advertised but merely their phone number. Murphy inquired where the customers of this business would come if they wanted to view the equipment. Mr Cordes indicated he would bring the equipment to their residence and that they would not be coming to their inopeity. Mrs. Cordes stated their business mail gets sent to 830 Forest Arms Lane. Mrs. Cordes stated the neighbors have not had a problem in the past when Jeff plowed their driveway or mowed their grass and that the problem has just arisen in the past four months. Murphy inquired whether die business has grown recently. Mr. Cordes stated it has not grown since he started it. Murphy commented thb City Council has to go by what the codes dictate. Murphy noted the Planning Commission did review home occu|»tions a few years ago. Gaffron stated the City did adopt the Home Occupation Ordinance as a result of the discussions by the Planning Commission and that this is probably the first application that has been brought before tte City under that ordinance. Gaffron stated in the past the City has had problems with landscape businesses starting small and growing larger. Gaffron stated in the case of a smaller neighborhood, it does not take long before the home occupation becomes an issue. Murphy stated there is a difference between a property owner having a bobcat for his own personal use and a property owner owning a bobcat to operate a business. Murphy stated in his opinion this neighborhood is not fit to have this type of business run out of this property, particularly in light of items five and nine. Mr. Cordes indicated the bobcat is used very minimally. Mrs. Cordes stated all the equipment was owned prior to starting the business. Cwdes stated even if the busuwss did not exist, they would still have this equipment. McMillan pointed out a business tends to require more intensive maintenance of the equipment, which is one of the issues under the ordinance. Mr. Cordes stated the trailer (fepicted in one of the photographs has been sold uid that the other picture depicts him leaving the property. PAGE 10 MmUTESOFTHE ORONO aTY COimCIL MEETING Moaday, Aagatt 8,2005 7:00 o ’clock p.ai. (Hobw Occapatloa Lkcaic Review, Coattaaed) White stated the City has received letters from more people who support this business than those who are opposed to it but that in his view the people who live closest to the business have the most say. White stated the city ordinance is very clear and does not allow this type of business. Sansevere inquired whether the property owner could store the equipment on his property if he has an office separate from dte residence. Gaffron stated it would probably be considered commercial storage. Gaffron stated it falls under the home occiq»ation ordinance because it is being run primarily from the home. Barrett stated it appears that a level one home occupation license could probably be granted to allow just an office at this location but that the storage of the business equipment is the deciding factor. Peterson inquired whether the applicant does any snow plowing in the winter. Mr. Cordes stated he does not do snow plowing. Peterson stated she has a concern since the garage was constructed primarily for the business. Mr. Cordes stated he would have constructed the garage even if he did not own the business. Sansevere commented the Council's hands would be tied even if the neigh'oors were not opposed to this business. Mrs. Cordes inquired which equipii^ent is objectionable, noting that the majority of the equipment was owned prior to starting the business. Curtis stated if the equipment is for personal use, the item that is considered special mobile equipment would be the bobcat and would be required to be stored in a garage. Curtis stated Items S utd 9 are triggered when the equipment is used for business reasons. Murphy inquired whether the applicant makes money with the equipment. Mr. Cordes stated he does. Murphy inquired whether Mr. Cordes makes money from other endeavors outside of this business. Mr. Cordes indicated he does not. Murphy reiterated this business unfortunately does not fit the neighborhood. Mrs. Cordes pointed out there are very few properties in their neighborhood and that one home or another has been undn construction since they moved there. PAGE 11 r MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Aagatt 8,2005 7:00 o’clock p.m. (Hon« Occapatloo Lkcuc Review, Contiooed) Peterson inquired whether they are in the infancy stages of this business. Mrs. Cordes stated they are. Peterson inquired what would happen once they outgrew their garage. Mr. Cordes stated they would like to build a mini-storage and run the business out of that location. Cordes stated it was their intention when they started this business that this would be a temporary situation. White suggested the Cordeses explore other storage facilities. Murphy commented that Orono is becoming more urban as time goes on, which requires tighter regulations. Mrs. Cordes stated if. was dieir understanding that they were here tonight to get the license for one year. Mr. Cordes stated the people who do landscaping are also part of the city and that he is looking to park his equipment in his garage. Sansevere stated the issue is that the equipment is being used for business reasons and that the lots in this area are approximately one acre, which are not conducive to this type of business. McMillan stated this area is zoned residential and needs to remain residential for good reasons, with everyone falling under the same restrictions. Suisevere inquired whether the business is dormant in the winter. Mr. Cordea stated it is. Sansevere inquired whether he could store his equipment in the garage during the winter. Gaffron stated there is no specific code section tliat deals with temporary w inter storage, but that in his view it would still be considered a business if the equipment is stored on the property during the w inter. Gaffron stated the Council should determine whether this is a Level 1 or a Level 2 license and place whatever restrictions the Council feels is necessary for the neighborhood. Gaffron stated if the Council determines that this use is prohibited under the City ordinances, the applicants should be directed to cease operating the business at this location. Sansevere inquired what type of time limit could be given for removal of the equipment. PAGE 12 4 J-?I <■ rIf MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, A«gn>( ^ 2005 7:00 o’clock p.m. (Home OceapatloB Lkcasc Review, Coatkiaed) Oaffron indicated the code does not address that specifically and that it would be up to the discretion of the Council. Barrett pointed out Staff has concluded that no license can be issued because of the nature of the business and that this hearing could be considered a review of that decision. Barrett stated the question becomes whether it is still a home occupation if no business is being conducted outside of the storage of equipment Gaffron stated in his opiition the storage of commercial equipment during the winter would be considered a business. Marphy amved that the Coaacll finds that this Is a home occupatloa that li prohibited under City Code aad Rut the property owners have 90 days from today’s date to rcoMve the equipment off site. Mrs. Cordes inquired whether the mower could be kept on site as well as the wood chipper for their persoiul landac^ing. Peterson stated they could be stored on site as long as it is used for personal reasons. Peterson stated the bobcat and trailer would probably need to be stored off site. Sorenson stated he would like to see the regulations upheld and that he would like to see the equipment utilized in tfie business removed. Bret Riemenschneider, 835 Forest Arms Landing, stated in his opinion mowers on trailers leaving once a day is not a nuisance. Riemenschneider indicated the Cordes property is clean and well maintained and that dw equipment is being parked indoors. White stated the ordinance specifically prohibits this type of business in a residential neighborhood. Peterson suggested the applicant work with Staff to determine which pieces of equipment could remain on the property. McMillan suggested Staff determine which pieces of equipment should be allowed to stay. Curtis read the section relating to special mobile equipment and noted that special mobile equipment is not allowed to be stored outdoors. White concurred that Staff could determine which pieces of equipment can remam on the (voperty. VOTE: Ayes 4, Nays LFetenoa Opposed. b. .. PAGE 13 _AM1 . . n ! H f ii ! * t [ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Aagatl 8,2005 7:00 o’clock p.ni. (Hobo Occapatloo Lkcote Review, ContlBaed) Petenon etited she is oppmed to the motion because dw would like to see a longer time frame for removal of the equipment. Sansevere indicated he would be willing to extend the amount of time. Bonnema indicated his home has been on the market and that he would like a definite deadline for when the business will be off the property. Mnrphy amended Us motion to Impose a deadline of November IS, 2005, for removal of all cqnlpment designated by Staff. White seconded. VOTE: 4, Nays 1, Peterson Opposed. MAYOR/COUNCIL REPORT Sansevere stated he would like a period of time established for when people can request amendments to resolutions. White stated the applicants have until they sign off on the resolution. Murphy indicated City Administrator Moorse and himself will be meeting with Mn/DOT and Ames Construction to discuss issues involving the railroad’s delay in leveling the tracks and how that will impact construction. White indicated he has recently walked the Dakota Trail from the Crystal Bay Post Office to the end of Casco Point and that in his opinion the houses located along this trail are not in close proximity as compared to other trails in other communities. PUBLIC SERVICE DIRECTOR’S REPORT *13. REQUEST FOR PAYMENT NUMBER 1-NAVARRE WATER TOWER REHABILITATION WUtc moved, McMillan seconded, to approve Change No. 1 for the Navarre Water Tower RehnbUltatloa Project to Classic Protective Coatings, Menomonle, Wtocoasln, In the amount of S2400. VOTE: Ayes5,NaysO. White moved, McMillan seconded, to approve Request for Payment No. 1 for the Navarre Water Tower RshnhllltBHoB Project to Classic Protective Coatings, Menonsonle, Wisconsin, In the amount 0fS137384.78. VOTE: Ayes 5, Nays 0. PAGE 14 r • • { i i ih '•' r MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Aagast 8,2005 7:00 o’clock p.n. *14. APPROVE EMINENT DOMAIN SETTLEMENT BALDUR PARK DRAINAGE EASEMENT Wkhc moved, McMilkul tccoBded, to approve paymeat of tke settleaicot ia the anwaat of $3,500 to Gary Spladler for the Bakhur Park Dnilaagc EaMBMat Doauda Proccediapi from the 2005 Stonawatar Food Badgct, aad approval of a badfct adJoftoMat to reflect thb expeaditare. VOTE: Aye$5,NayiO. CITY A]ISTRATOR’S REPORT *15. Ma/DOT TRAITIC SIGNAL AGREEMENT - RESOLUTION NO. 5371 White oMved, McMUIaa sccoaded, to approve the adoptloB of RESOLUTION NO. 5371, a ReMlatloB aathorlxlBg the City of Oroao to eater iato a cooperative agreemeat with Ma/DOT related to the traffic elgaal tmprovcaieBts at the Coaaty Road 6 aad Highway 12 laterchaage. VOTE: Ayet5,NaytO. CITY ATTORNEY’S REPORT City Attorney Barrett had nothuig to report. *16. UCENSES SPECIAL EVENT 1.Applkaat; Eveat: Loeattoa: Date: Time: Uara Welch Riviere Yard Party with maaic 1453 Park Drive Satarday, Aagast 27,2005 Nooa - Midaight 2.Applkaat: Eveat: Locatioa: Date: Tkae: MIml Ryenc, Loag Lake Area Chaaiber of Commerce 2005 Cora Days Parade Parklag oa Hackberry Hill Saaday, Aagatt 14,2005 11:30 ajB. -1:30 p.m. li't W... ■PAGE 15 r. ---------- I I MDfimS OF THE ORONO CITV COUNCDL MEETING Moadey* Aagait 8» 2005 7:00 o*dock pm (Uew MW, CaathMud) AppHcaati Evtat: Data: Erie Vogrtroai, Vogac Hoaiet 2005 FaE Parade of Hoaict 2010 CaMO Poial Road Soptoadbor 10 - OctoOor 9,2005, Tharedays thr Nooa-0:00pjB. Saadayt WhlloaMvod,McMfllaaMCoadcdt to approve the above ttccaict. VOTE: Ayes5,NayiO. *17. RHXS 1 WhMc awved, McMfllaa eeeoaded, to approve payaieat of the All Faadi aeeoaat VOTE: Ayoe5,NayiO. ADJOURNMENT Peteraoa BMived, White eeeoaded, to ad|oora the Oroao City Coaaett laeetiBg of Aagait 0,2< OHWpm VOTE: Ayaa5,Nayt0. i,at :i ATTEST: M r k Uada S. Voe, City Clerk Barbara A. Pctcreoa, Mayor ; , i?75 PAGE 10 COUNCIL MEETING M1G 22200S DATE: Aigmt 18,2095 ITEMNO: ^ REQUEST FOR COUNCIL ACTION CnVOFORONO DcpartMMt Approval: NaoM RomM J. Moom TMt City Adminislrator Adaiiaistnitor Reviewed:Agenda Section: City Administrator’s Report Itcni Description Frosentation Regitraing 2004 Annual Financial Report Ken Malloy, of the City’s auditing firm, will make a presentation regarding the City's 2004 Annual Financial Report. A copy of the report is attached as part of the agenda packet. COUNCIL ACTION REQUESTED: No action required. "aii t•a mmim m§mstm REQUEST FOR COUNCIL ACTION DATE: Aigu118,280S ITEM NO: ^ COUNCIL MEETING AUG 222005 OnVOFORONO Departneait Approval: Naaw RomM J. Moone Title City Administrator Administrator Reviewed: _____________________________________________ Agenda Section: City Administrator's Report Iten DescriptioB Acceptance of Donation Aon Lisa Erickson Lin Erickson, an Orono resident and realtor with Edina Realty, has donated $1,960 to the City to fund seven days of the Highway 12 shuttle bus service that provides safe transportation to pedestrians across the new Highway 12 corridor. COUNCIL ACTION REQUESTED: Motkm to accept the $1,960 donation from Lisa Erickson, and to express the City ’s appreciation for her generous siqiport of the Highway 12 shuttle bus service. 'M\ ' **i*''^ V • - ";h *!••• .Wm.: I h'n. a,, •• .t r"COUNCIL MATING REQUEST FOR COUNCIL ACTION AUG 222005 Date: AufBrPf.QOONO Item No 5 Departomit Approval: NaoK: Michael P. Gaflron Title: Planning Director Adminlitrator Approval:Agenda Section: Zoning IteM Dcacripi i: City of Orono: Proposed Ordinance Amendment: Wetland Protection - Fn^tosal Z0mti$g Code SecHtMU 78~I60t thru 78-1614 - Amend Seedomt 78-1; 78-213(13) et at; 78-S63(c)(6); 78-568; 78-570(2)(8); 78-1211; 78-1286(e) LiattrfEihlbHs A - Draft Ordinance - Includes all recent revisions thru August 17,200S B-PC Memo and Exhibits of 8/9/OS C - Comments from MCWD 8/15/05 D - Comments from John Winston 8/12/05 Background Please review the Planning Commission Memo dated August 9,2005, attached as Exhibit B. Planning Commission Recommendation The Planning Conunission held a public hearing on August 15 and reviewed the proposed ordinance, which has been revised a number of times over the past few months Planning Commission recommended adoption subject to: 1.Revise language to be consistent with the recommendations of the MCWD letter dated 8/15/05 (See Exhibit C). 2. Revise Section 78-1607(aXl) to allow "boardwalks or docks exceeding 4’ in width” as a conditional use within wetlands and buffer areas, subject to consistency with other agency requirements [as noted in 78-1607(b)]. All changes have been incoiporated into the revised draft attached as Exhibit A; most recent revisions are in hoU Italic ateikeomt/umderUMe format. t mi (S-_ -J ,5- ■' '''<;m Wallaiii ONlMMt AiHMll7,20f5 a. r-mm im4-S Pat*2 Staff RecoBMMadatioB In addition to die PC-recoimnended changes, stafThas on page 7 incorporated the descriptions of die four **Wetland Protection Gassifications ” and the associated requir^ buffer widths and protection requirements, in siniilar form as they appear in the Orono Surface Water Management Plan, for clarity. Additionally, a minor revision recommended by the City’s wetland consultant, J<dm Smyth of Bonestroo & Associates, has been made on page 14, eliminating in 78-1609(b) inconsistent language regarding the deminimus exemption for Type 1 wetlands. The draft presented in Exhibit A is the result of a year-long review process involving two public hearings, review and comments by MCWD stafl^ review and commmts by the City’s wetland consultants, and multiple reviews by Planning Commission and Council. Staff recommends adoption of die ordinance as presented. A copy in adoption format will be provided for Monday's meeting. ' ■ ‘ V ■. I- .. .kn. a:),-.'*" ■»» .■■■■''-.Vkr- S3H f - ' a" ■OS (fm >• .j-: v'v;mm •' :V.vrvS.!m Jt- ■:■:■■■ > DRAFT Attguit 17. lOM - Strilwii^iuiiirWiiii In bold type reflect propoMd rerMons lince "AugiMt, 209S” version ARTICLE XI. WETLANDS PROTECTION DIVISION 1. GENERALLY See. 7S-1M1 PvipoM aad latent (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the City’s wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the Environmental Protection Plan within the Conununity Management Plan. These functions include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The Surface Water Management Plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximiun extent possible while allowing a reasonable use of the property. This section adopts the reflations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1SI91, charter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (c) This ordinance applies to, and wetland buffer areas must be created or existing buffer areas must be maintained around, a protected wetland located partially witiiin, wholly within, or directly adjacent to the property in the following situations: (1) When the wetland is required to be replaced or restored, or when the wetland is being altered; (2) When new development occurs. For purposes of this subsection, new development means: Any subdivision that creates a new lot that has no principal structure on it; construction of a principal structure on an existing vacant parcel of land; A i iH When redevelopment occurs thst has the potential to adversely impact a wetland. For purposes of this subsection redevelopment means the removal of the principal structure to the extent of more than 50 percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire, wind, or vandalism; (4) When any construction or land alteration activity that does not fall within the meaning of ’redevelopmoit* has the potential to adversely impact a wetland. For purposes of this section, “the potential to adversely impact a wetland” exists when all cf the following three condUions exist. file portion of the property disturbed by construction or land alteration activity drains to die wetland; and b.file amount of grading exceeds 50 cubic yards or the construction activity involves the disturbance of more than 5,000 square feet of area; and the redevelopment activity results in a net increase in file square footage of impervious aurfimes that drain to the wetland, or results in file relocation of in^iervious aur&ces closer to the wetland, or results in changes to drainage patterns (slopes, meander patterns, etc) that the City Engineer determines will increase file velocity or rate of runoff to the wetland. For new development, all wetlands on the property diall be subject to the buffer requirements. For redevelopment or ofiier grading or construction situations that are not new development, only the wetland that is potoitially adversely impacted shall be subject to the buffer requiremoit. In the event that the wetland is on an adjacent property but near enough to fiie subject property so that buffers to said wetland would extend into the subject property, the buffer requirements ^ly. mm.V- m: .. r r If-'^ DIVISION 2. DESIGNATION OF PROTECTED WETLANDS See. 78-1602 Wetlaad Types The wetlands protected and regulated by this Section are types 1, 2, 3,4, 5, 6, 7, and 8 wetlands, as defined in circular 39. “Wetlands of the United States", 1971 edition. United States Department of the Interior, unless the wetland is within a shoreland district in which case the more restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows: 1 7)pe I Seasonally Flooded Basins or Floodplains: Type 1 wetlands are aeaaoiudly flooded basins or flats in which soil is covered with water or is waterlogged during variable seasonal periods but usually is well-drained during much of the growing season. Type 1 wetlands are located in dqxessions and in overflow bottom lands along water courses. Vegetation varies greatly according to die season and duration of the flooding, and includes bottom land hardwoods, as well as herbaceous plants. Type 2 Inland Fresh Meadow: Occurs along the shallow edges of lakes, miUBhes and floodplains, or in perched dqiressions. The soil is usually without standing water duri ,<* much of the growing season, but is waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and various herbaceous plants. Type 3 Inland Shallow Fresh Marsh: Soil is usually water logged during the growing season, often covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic vegetation. Type 4 Inland Deep Fresh Marsh: Soil covered with six inches to three feet or more of water during growing season. Vegetation includes cattails, reeds, bulrushes uid wild rice. Open water areas may contain pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. Type 5 Inland Open Fresh Water: Water is usually less than 10 feet deep and is fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads, coontail, watCT milfoils and other submergent aquatic vegetation. 7)jp« 6 Shrub Swamp: Occurs along sluggish streams or on floodplains. The soil is usually waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation includes alder, willow and dogwood. 3 Type 7 Wooded Swamp: Occurs along sluggish streams, on floodplains, on flat perched depressions and in shallow lake basins. The soil is waterlogged to within a few inches of its surface during the growing season and is often covered with as much as one foot of water. Vegetation typical to this wetland includes tamarack, white cedar, black spruce, balsam fir, red maple and black ash. Type 8 Bog: Occurs along sluggish streams, on flat perched depressions and shallow lake basins. The soil is waterlogged and supports a spongy covering of mosses. Vegetation typical to this wetland type includes sphagnum moss, heath shrubs and sedges. Minnesota lx>gs contain leatherleaf, Labrador tea, cranberries and pitcher plants. Scattered stunted black spruce and tamarack also are common features of bogs. Sec. 78-1603 Bonndarics of the Wetland Overlay Districts and Designation of Official City Wetland Map. This Section establishes wetland overlay districts. These districts are subject to additional requirements beyond those required by the WCA. The boundaries of the wetland overlay districts are identified graphically on the official City Wetland Map (CWM) which is hereby adopted by reference, a copy of which shall be kept on file in the office of the City Cleric and shall be available for public review during all normal office hours. Wetlands in addition to those shown on the City Wetland Mq> may exist, and may be identified by wetland delineations under WCA rules. If a specific wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the delineation. The City may require wetland delineations to determine compliance with WCA rules and to determine administrative wetland boundaries; however, property owners may have wetland delineations done for their properties on their own initiative. The delineation must be done by a qualified professional according to WCA rules and be acceptable to the Planning Director, who mmv require review bv CUv consultants or a Technical EvatumioH Panel if necesserv. Approved WCA wetland delineations must be provided to the city in a hard copy format and a CAD or CIS format in Hennepin County coordinates. The Planning Director will have the iqiproved WCA wetland delineations shown on the oflicial City Wetland Map. Public waters are not included in the overlay district, unless a wetland is part of a public water. Sec. 78-1604 Interpretation of Wetlands Boundaries. Whenever a wetland boundary is disputed or uncertain, the Planning Director may require the submission of a register^ .survey of the property and field staking showing the city-designated wetland contour or a delineation of the wetland, and such other infiormation as the director may require in order to resolve the dispute or uncertainty. The PUumUtM Direder mev require review bv CUv coHMuitants or a TeckHicei Evetuatiom Pemel if mecessmrv. No boundary change may be authorized on the basis of fill that was placed on the site after the City designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the Planning Director may appeal such decision in accordance with the provisions of Section 78-99 of this ordinance and the WCA rules. DIVISION 3. BUFFER AREAS See. 78-160S WctlaMd Baffer Areai. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland edge, and ttuit occur in a natural condition or through restoration. Buffer arms consist of dirabbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless the City has issued a permit for such activity in conjunction with an qyproved buffer management plan. (1) Accq>table buffer areas shall have the following qualities: A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten (10) consecutive years, or b.An over story of trees and/or shrubs with at least eighty (80%) percent canopy closure that have been uncultivated or unbroken for at least ten (10) consecutive years, or c.A mixture of the plant communities described in a. and b. above, which have been uncultivated or unbroken for at least ten (10) consecutive years. (2) Unacceptable buffer areas have the following qualities, including but not limited to: Undesinfole plant qiecies (including but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy q)urge and noxious weeds), or li-.- b. c. Lacking a layer of organic thatch or duff, or Topography which tends to channelize the flow of surface runoff, or &m d. b characteristically unlikely to retain nutrients and sediment. Buffer areas which have been broken or cultivated within the past ten (10) consecutive years must be restored lo a condition consistent with an acceptable buffer area defined in Section 78-160S(bXl)> a restoration or landscape plan must be submitted to the Planning Director, which restoration shall include, replanting and maintaining according to each of the following guidelines: Buffer areas shall be planted with a seed mix containing one hundred (100%) percent perennial native plant species, except for a one-time planting of an aiuiual nurse or cover crop such as oats or The seed mix to be used shall consist of at least twelve (12) pounds pure live seed (PLS) per acre of native prairie grass seed and five (S) pounds PLS per acre of lutive forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per acre. to forbs and grasses Shrubs aad/or trees shall be distributed so as to provide a natural i4)pearance aiKl shall not be planted in rows. Native pnurie grasses and forbs shtdl be planted by a qualified contractor. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to emounts indicated by an accredited soil testing laboratory. All seeded areas shall be mulched immediately with clean straw at a rate of one and one half (\ 'A) tons per acre. Mulch shall be anchored with a disk or tackifier. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. i (c) Buffer area widths will be based on the siae of the wetland-basin the Wetland Protection Strategies established in the Orono Surface Water Management Plan (SWMP) (December 20021 A Protection Classification has been assigned to each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The four Protection Classi/leatioHS are described as follows: m AKfcrw Meaete t MemeMe2 Meneee 3 SuMceDdbrn Hiektv Susceadbte Moiermtdv SnscevtibU Sttehitv Suseentihte LeasLSusa Description Hiehtv susceptible to both auantitv and quality imoeets from runoff: hove the hiohest degree of protection Moderedev susceptible to auantitv end ouelltv Imoeets: protection h atri nggHt than Preserve, provides protection to meintoin their characteristics Less strinoent protection then Idaneoe / wetimnds: Wedends ore slpnUIcondv deoraded feg.. euttivatpd or ctpuuv press monotvoet or lock ofwedand ekerecterlsdcs: not tvpiceltv impacted bv runoff: no enendtv and only limited euaittv treatment of runoff Isreeuired w:' 7^e Protection Classification for each wetland will be found on the “Wetland Management Classification Map di List" which is hereby adopted bv reference, a copy of which shall be kept on file in the office of the City Clerk and shall be available for public review during all normal office hours. The following are the required buffer area widths for each Protection Classification : the Wetland Botindary 0 —1-eeie 44:$-feet 4—2-.$ aoree 2»4eet 2.S 5 Qoreo 25 feet 2^4eet v«. Proteedon amsMUtemtion ‘Preserve ‘Manage 1 ‘Manage 2 ‘Manage 3 mh 9f§mr Aremtrom Wedond Beenderv 50 feet 35 feet 25 feet U-fdet-16.5 feet Addidonet Proteedon Reontrememts fB ^ Bounce ^ clumte in wotcr level due to runoff eveiiti (P ~ Pkosokormsi B: Molnlotn bounce et or below extstimm eonMlons fc Umtt loneiuMM to oredevetooment toodine fO. N LbsJAdYrt B: Motntetn bounce et or below extsdno conditions plus ft 5 foot P: Limit teodinPM to prederetooment loodinna times 2 (BULke/Ac/Vrt________________________________ B: Motnmtn bounce et me Mont^/ptme condiOons plus I.O foot P: Umtt concentrodon to predevelopment concentrmtions (IPO poht B: No eunndtv renutrement P: Umtt concentrodon to 225 j ^ s,’ (d) bi cases of new development or redevelopment the City shall require that vegetation in the wetland buffer be installed prior to the issuance of the certificate of occupancy. The City may waive this lequiranent in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer. (e) The City may allow the disturbance of an existing buffer area during the course of construction activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that will accommodate root growth, and the buffer area must be ro’^stablished as required by the City. The City will determine the amount of allowable disturbance. The City may require a cash escrow or letter of credit equal to 1 50 percent of the cost to re-establish the buffo* to its original condition. (f) The City may require buffer area planting and maintenance when the City determines that there is inadequate vegetation in the buffer area to meet the intent of this section. The City may require a cash escrow or letter of credit equal to 150 percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for iq) to two years and may be used by the City to replace any vegetation that dies. (p) The affected property owner or homeowner association that is responsible for the* jntenancemust: Maintain and repair damage to buffer areas from such activities as mowing, cutting, grading or other prohibited activities, unless mowing is approved by the City as a buffer management plan. Permission must be obtained from the City before implementing buffer management plans, which may iiKlude mowing, binning, and the use of herbicides. Maintain only the pomitted vegetation in the buffer area and must remove all noxious weeds and invasive, non-native species such as European bucktiiom, iqwn obtaining a vegetation removal permit from the City in conjunction with an approved buffer management plan. Ensure that all soil surfaces in the buffer area are planted with the permitted vegetation and that there is no open soil surface that may result m erosion. Ensure that livestock or other domesticated animals which have the potential to permanently disturb the buffer area by compaction or vegetation removal be kept from entering the buffer area and wetland by a fence or other suitable means. (h) The final upslope edge of the buffer shall be provided to the City in a hard copy and in a CAD or CIS format in Hennqiin County coordinates. 8 - li 1 T. ■ i I ; •• . iiJ (i) Golf course partial exemption. Public and private golf courses existing and in operation on the dito of adoption of tiiis ordinance shall be allowed a partial exemption fiom bufifor creation and maintenance requirements with regards to mowing or cutting buffer vegetation in areas subject to golf play, tyon completion of the following i on, sia e and type on the property; Ai such time that this ordinance requires establishmeni of a buffer, applicant shall submit a certificate of survey ideutifi/in^ the location, size and type of the wetland for which buffer exemption is requested. Council q>pioval, identifying those areas where exemption is requested and providing for alternative methods of wetland protection equivalent to an unmowed buffer. this ordinaneor All newly oi >t-to- the standard t .'ii; ( I ' I Jj i.. i • i i DIVISION 4. USES Sec. 78-1606 Permitted Uses. (a) Within the wetland overlay districts no land may be used except for one or more of the following uses: (1) Native wetland vegetation, provided that no change is made to the ground elevation; (2) Wildlife and nature preserves; (3) Overhead utility lines and poles that are less than two feet in diameter; (4) Docks which provide reasonable access to the lakeshore and do not exceed 4* in width; (5) Public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the City; or (6) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation. (b) Within wetland buffer areas no land may be used except for one or more of the following uses: (1) Native vegetation, provided that no change is made to the ground elevation; (2) Wildlife and nature preserves; Boardwalks, docks or other reasonable access to the wetland not exceeding 4* in width, poles that are less than two feet in diameter to be used for boardwalks and bridges; (4) Public and private flood control structures, ponding and drainage facilities and associated accessory ^purtenances as approved by the City; (5) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation; Overhead utility poles and lines that are less then two feet in diameter, under-ground utility lines and distribution equipment, light poles, traffic signds, traffic regulatory signs, mailboxes and other equipment that provides an essential public service; 9 1 i (7) Retaining walls if the City determines that the retaining wall will protect the wetland from conditions of erosion, when approved as part of a wetland permit application. Sec. 78-1607 CondltioBal Uses. i ■» (a) Within the wetland overlay districts and the wetland buffer areas no land may be used for the following except by conditional use permit and except in conformance with the standards specified in Section 78-1608 of this section: (1) Private and public recreational uses, including golf courses, impervious trails, Ooawftwalto or docks exceeding 4* in width, picnic grounds and boat ramps; (2) Public utilities, including necessary structures; (3) Other non-structural facilities similar to those permitted by this section which also meet the intent of diis section, as determined by the City; or (4) Public structures associated with recreational uses permitted by this Section or by Section 78-1606 of this section that are designed in an environmentally sensitive manner and will withstand periodic flooding, exc^t for structures designed or used for habitation or the storage of equipment. (5) Uiqiaved hiking, skiing and horseback riding trails which comply with WCA standards. (b) No conditional use permit will be granted unless its approval will not adversely inqMCt wetlands, the wetland buffer area, ^ id surrounding properties, the intent of due ordinance m the goals and policies of the Community Management Plan. If applicable, granting of a conditional use pomit will be conditioned upon approval of the request by all odier qipropriate regulatory governmental agencies, including but Hat limited to the Minndiaha Credc Watershed District fMCWDV. the Lake Miuuetouka CoiuenM aiom District (LMCDi. or the Miimesota Department of Natural Resources. 71 DIVISION 5. See 78-1608 Standards. STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING LANDS The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to neighiMring lands: Protection of wetlands and wetland buffer areas. Excq>t as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. No structures are allowed in the wetland overlay districts, or wetland buffer area except those allowed as of right or by conditional use permit by Sections 78-1606 or 78-1607 of this Ordinance. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste ^sposal or fertilizer application are prohibited, except that certain such activities may be permitted when approved by the City as a buffer management plan. Invasive non-native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit fix)m the City. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland buffer area, which ever is more restrictive, or as required by the City. This fencing must remain in place until all development activities that may affect the wetland and the wetland buffer area have been finished and adequate vegetative cover has been established at which time the fencing must be removed. All structures must have a minimum basement floor elevation not less than one foot above the 100-ycar flood elevation. All hard-surface nmoff mr^t be treated in accordance with the r^uirements of the City and the iq)propriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must properly maintained and serviced by the property owner. 4 1:— 8< ^r?» * !*■ Discharge into the wetlands must occur at a rate no greater than allowed by the City Engineer in accordance with the City's Surface Water Management Plan and the appropriate MCWD requirements. Setbacks. All buildings (principal and accessory), must be set back at least 20 feet fixMn the upsiqie edge of the wetland buffer. Exceptions: play structures (including qwrt court type structures), grade-level decks, patio slabs, driveways, sidewalks and parking lots. b. :-*i A setback from the buffer area is not required for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes, entrance monuments meeting Section 78-1405(8) and other equipment that provides an essential public service. c.A sedMck from the buffer area is not required for fences or retaining walls. Noneot^formities. I^ect of Wetland Boundary Expansion. An existing structure, driveway or paridng area meeting the required setback from a City- designated wetland boundary or buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. L Existinf Nonconformities, An existing structure, driveway or parking area that does not meet the required setback from a Citv- desifnated wetland boundary or buffer area, is considered a legal nonconformins development. Avoiding Future Nonconformities. In order to avoid the creation of future nonconformities, in situations where development, redevelopment or eonstruction activity does not trigger the establishment of a buffer, the following setbacks shall apply: 1.All new buildings shall maintain a setback from a delineated wetland boundary equivalent to the width of the buffer area per the chart in Section 78-1605(c) plus the required 20’ buffer setback. iiiiini I 2.All new noil-structural impervious surfaces and those structures listed as exceptions in Section 78-1608(2)(a) above shall maintain a setback from the delineated wetland boundary equivalent to the width of the buffer area per the chart in 78-1605(c). d.Buffer Flexibility. Where existins structures or surfaces are located within an area that would be required for establishment of a buffer under this ordinance, alternative methods of wetland protection mav be approved bv the City Council to avoid creatinff unreasonable impacts on the existins^ use of a property. Such methods mav include but are not limited to buffer width avera^in^. redirection ofdrainaee to an area where buffer is feasible, use of rain gardens, cisterns or rain barrels, etc. See. 78-1609 Removal of Lands from the Wetlands Overlay District (a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc) requires a zoning amendment and an amendment of the official City Wetland Map. The amendments must be made pursuant to the provisions of Section 78-43 of this ordinance and WCA replacement rules. These amendments must be consistent with the purpose of this ordinance, the City's Surface Water Management Plan and the goals and policies of the Community Management Plan. In determining the appropriateness of a rezoning request, the City Council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and function of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of uew wetland reDlaccment is created to compensate for the wetland being filled. How eve r; the demlnimue eaeniptiou specified itf A —I— imm M>*<ia«ii —u——t i«ii foy the remov al of Type I ■'s ov erlay dlstriet» Unless otherwise iqiproved by the City Council, compensatory wetland area must be provided within Orono and within the same subwatershed (Painter *s Creek. Long Lake Creek. Classen Creek, Lake Minnetonka) dietrie t as the wetland being altered, if available . (c) In addition to application requirements, the City may require submission and approval of the following information: (1) An appr oved A copy of the wetland replacement plan application /ram UtAsIS^theMCWD; (2) A concept plan showing the ultimate use of the property; 1 r (3) A grading plan, in hard copy format and a CAD or CIS format in Hennepin County coordinates, with tq)ptopriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landsc^ing or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment wwWeTed aoproved bv the MCWD. SCC.7S-1610 Altenitioi of Wetlands. (a) No alteration of land within a wetland overlay district or a wetland buffer is allowed without a wetlands alteration permit, subject to recommendation by the Planning Commission and approval of the City Council. The Planning Commission must hold a public hearing aao* notifying the prop^y owners within 350 feet of the property on which the proposed alteration will occur. Activities that constitute an alteration regulated by this section include changes to the size, depth or contour of the wetlands or its buffer, dredging, or alterations of wetlands or buffer vegetation. Alterations do not include wetland planting or the selective clearing or pruning of trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland alteration permit is not required when a wetland district is reznned to another zoning classification. (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that removed. Unless otherwise approved by the City Council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. In determining the appropriateness of an alteration request, the City Council will consider the size of the total wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands involved, and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such information as required by the City, including: (0 j 4« A copy of the wetland replacement plan application (rem iubrntaedto the MCWD; (2) (3) A concept plan showing the ultimate use of the property; A grading plan, in hard copy format and a CAD or CIS format in Hennq>in County coordinates, with ^propriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment eempUted aiwroved by the MCWD. Sec. 78^1611 Public Coatrol of Wetlands. (a) The City Council may require that the owner of any property affected by this ordinance must establish wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants must describe the boundaries of the wetland and buffer are a.* document the oMigaHons of the prooertv owner with retards to the wetland buffer: and prohibit any building, paving. mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard waste disposal or fertilizer application within the wetland and the buffer area. Tire owner or developer must record these easements or covenants with the final plat, with deeds from a lot division or, if no subdivision is involved, before the City issues a grading permit or building permit for an affected property. The applicant must submit evidence that the easement or coveiuuit has been submitted to the county for reco.-tling. (b) If the City Council does not require an easement or covenant, the City may record a notice of die weUand and buffer area requirements against the property. The property owner must still comply with the requirements of this section. Sec. 78-1612 WeUand Buffer Markers. When new development or redevelopment results in multifamily residential or a business use, the developer must place markers at the upland boundary of the wetland buffer edge at least every two hundred feeL subject to City approval . The developer must submit a location plan in hard copy format and a CAD or GIS format in Hennepin County coordinates and must use uniform markers provided by the City. The City will charge a reasonable cost for the maricers and approve the location of the markers prior to installatkm. Sec. 78-1613 VIolaUons Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1614 Authority/Enforcement Actions Nothing herein contained shall prevent the City of Orono from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: •. • i V ■? *►»;’ In responding to a suspected Ordinance violation, the Planning Director and the City of Qrono may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, and/or orders for corrective measures to the guilty party. When an Ordinance violation is either discovered by or brought to the attention of the Planning Director, the Plaiming Director shall immediately investigate the situation and dMument the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the MCWD along with the Community's plan of action to correct the violation to the degree possible. The Planning Director shall notify the suqrected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or developmait, the Plaiming Director may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, thoi the Planning Director may either: (1) issue an Older identifying the corrective actions that must be made within a qiecified time period to bring the use or structure into compliance with the official controls; or (2) notify die responsible party to apply for an after- the-fact permit/development approval within a specified period of time not to exceed 30-days. If the responsible party does not qipropriately respond to the Planning Director within the specified period of time, each additional day that l^Mes shall constitute an additional violation of this Ordinance and shall ordingly. The Planning Director shall also upon the led response period notify the landowner to restore the m which existed prior to the violation of this Ordinance. 5 ' fi ' mm • .. ■: 'k .‘Jl i <■ Draft Aiiguit 9.200S 900 O/ftAFT^ Wetland Ordinance? Suggested Ancillary Zoning Code Revisions 78-1 - Deflwitiont "Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or M>eft tereoMfse -draining higher laad on weitand or area which has been dedicated as public right-of-way.” 78-228 fl3) et al feilitiBg language will be revised in the conditional use or accessory me section for each residential zoning district where it aoDcars) The keeping of domestic animals for noncommercial purposes, including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as set forth in this subsection. A minimum of two acres of open pasture must be available for a single horse, and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the council. Such minimum pasture acreage shall not as defined in Section 78-1602 . Any person keeping such animals must comply with the provisions of this Code.” 78-Sd3fclt6) RS District; regarding Expanding Nonconforming Substandard Buildlnga/Strugt^rea . > **(6) There shall be no setback exceptions permitted for any horizontal building addition or hard cover increase of any kind within 75 feet of the shoreline or within 28 feet of any wetland a required wetland buffer or buffer setback.** Sec. 78-588. Lot area reauirementa. “Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of any designated wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot; etc...” ri^ ’ : I 1 •i H JL Ancillary Code Revisloni Augut 9,2005 Page! Sec, 78-570 RS District Setback Requirements. “(2) a. b. Wells and sewage treatment systems, 75 feet. All structures, land alteration or hard cover of any kind, 3< feet shall meet the setback requirements established within Article XI of Chanter 78 of the Municipal Code (the Wetlands Protection element of the Zoning Code!.” Sec. 78-1211 Shoreland Management - Definitions. "Wetlands shall have the same meaning as the “protected wetlands" defmed in Section 78-1 lOt 78-1 Sec. 78-1286 Shoreland Management - Topographic Alterations/Grading & Filling. **(e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Orading or filling in any type 2, 3, 4, S, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. b. c. d. e. f. Sediment and pollutant trapping and retention; Storage of surface runoff to prevent or reduce flood damage; Fish and wildlife habitat; Recreational use;. Shoreline or bank stabilization; and Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sccHons of City oi^inanccs or bv otlier local state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers.” In reviewing the Subdivision Code (Municipal Code Chapter 82) staff has found no sections that require revision to be in conformity with the proposed wetland ordinance. 1 MEMORANDUM To:Chair Raho and Planning Commissioners Ron Moorse, City Administrator From: Date: Subject: Mike Gaffron, Planning Director August 9,2005 City of Orono: Proposed Ordinance Amendment: Wetland Protection - Propped Zoning Code Sections 78-1601 thru 78-1614 - Amend Sections 78-1; 78-213(13) etai; 78-S63(c)(6); 78-568; 78-S70(2)(b); 78-1211; 78-1286(e) List of Exhibits A - Proposed Ordinance Sections 78-1601 thru 78-1614 (August 4,2005 draft) B - Proposed Ancillary Code Revisions C - Public Hearing Notice Backgrouod/Chronology lA Floodplain Qwdinance Mandate. In response to FEMA and MnDNR requirements that Orono’s floodplain ordinances be updated by September 2004, staff in early 2004 began to draft revisions to tlie Floodplain and Wetland Management section of the zoning code. It became immediately obvious that this was the opportunity to separate the previously combined wetland and floodplain ordinances into two individual code sections. The combined language had long been confusing and unwieldy, difficult to interpret and administer. Initial Drafts. By August, 2004 the draft floodplain ordinance revisions were deemed acceptable by the DNR, by FEMA, and by the City Council. However, the Council had a number of remaining issues and concerns regarding the proposed wetland ordinance as drafted. As a result, on August 23, 2004 the Council adopted Ordinance No. 16, 3rd Series, vdiich eliminated the existing Floodplain and Wetland Management code language and adopted a new Floodplain Management ordinance. Moraiorium. Because this action left the City without a wetland ordinance, the City concurrently adopted Ordinance No. 17,3rd Series, establishing a 6-month moratorium prohibiting wetland alterations and prohibiting the granting of building or land alteration permits or permit approvals, preliminary subdivision approval, zoning (cup/variance) approval, rezoning, or PUD approval, involving alterations of wetlands and areas within 26 feet of wetlands. The moratorium was set to expire February 23,2005. ^----- m- - i ^ H L r ■ K _ Wetland Ordinance August 9,2005 Page! Ongoing Reviews/Revisions. On September 9, 2004 Council and staff met with Jolm Smyth, wetland specialist with Bonestroo and Associates, to discuss the various elements of the draft wetland ordinance. At that work session Council directed that staff: • review and reconsider the triggers for when wetland buffers will be required - consider the pro's and con's of the City becoming I.ocal Govermnent Unit (LGU) for administering tiie Wetland Conservation Act (WCA) “ meet with MCWD staff to determine what potential issues may arise from the City taking over as LGU On October 7,2004 City staff met with MCWD staff and discussed a variety of wetland topics including the level of review and permitting authority MCWD might retain with regards to buffers, and MCWD's expectation in terms of oversight, once Orono becomes LGU. We also discussed the topic of buffer triggers. In general, as long as Orono’s pertinent ordinances were found acceptable to tlie MCWD, they would hand over WCA and other wetland review and permitting authority to Orono. At woric sessions on October 7 and 21, Council reviewed the draft ordinance and in particular discussed the topic of buffers and when they would be required. A primary conclusion was that language stating that “a buffer may be required” when “a variance, CUP or site plan review has the potential to have indirect adverse impacts to the wetland ”, was too subjective and should be eliminated, and that objective criteria should be added for defining more specifically when an activity has 'the potential to adversely impact a wetland.” Council als~ asked staff to specifically look into a few critical areas: 1) how we will treat golf course ponds; 2) how will we define setbacks from a wetland that doesn’t have an established buffer, where the owner may be doing something that doesn’t trigger a buffer, or where the wetland that is impacted is on the property next door; and 3) how to treat lake-perimeter wetlands. Revised language addressing the Council’s directives was presented by staff at a Council work session on November 18,2004. Council also reviewed airphoto depictions of how various familiar properties with wetlands would be impacted by the revised buffer triggers and buffer requirements. On February 28,2005 the moratorium was extended to August 23,2005 in order to allow time for further review and refinement of the draft ordinance. Revisions June-August 2005. A revised diaft was prepared in June 2005 and this was reviewed by the Council at a number of work sessions during June and July. These discussions resulted in additional changes including: - Revising the 'Golf Course Partial Buffer Exemption’ to be offered at the tinie a buffer would be triggered rather than requiring golf courses to apply within one year of adoption of the ordinance - See Page 8 Wetland Ordinance Augtut 9,2005 Pages ’ Changing the method for determining required buffer width from being based on “size of wetland ” (MC WD*s current method) to being based on “quality of wetland ” (method defined in Orono Surface Water Management Plan) - See Page 7 These latest revisions have been incorporated into the attached Draft Ordinance dated August 4, 2005. Pursuant to suggestions by the Planning Commission at your August 3 woric session, a revised section entitled “Nonconformities ” has been added (See Pages 12-13) to address situations where existing structures or improvements make imposition of wetland buffers or setbacks difficult or unreasonable. Additionally, Exhibit B proposes a small number of minor ancillary zoning code revisions intended to eliminate inconsistencies that would be created by adoption of the new ordinance. Ordinance Format The ordinance as proposed contains 5 major divisions and 14 sections, as follows: DIVISION 1. CaBcrallv 78-1601 Purpose and Intent DIVISION 2. PcitoiiatloB of Protected Wetland 78-1602 Wetland Types 78-1603 Boundaries of the Wetland Overlay Districts and Designation of Official City Wetland Map 78-1604 Interpretation of Wetlands Boundaries 7SION3. Buffer ArMi 78-160S Wetland Buffer Areas DIVISIONS til— 78-1606 78-1607 Permitted Uses Conditional Uses , * d DIVISION 5. Stawdard« for the Wetland Overlay DbtrlcL Buffer Areas and Neighboring Lands 78-1608 Standards 78-1609 Removal of Lands from the Wetlands Overlay District 78-1610 Alteration of Wetlands 78-1611 Public Control of Wetlands 78-1612 Wetland Buffer Markers 78-1613 Violations 78-1614 Autbority/Enforcement Actions f -s f t Welland Ordinance Aug lut 9,2005 Paged Summary of Ordinance Elomenfs/Impacts I. 2. 3. 4. 5. The ordinance incorporates new, more comprehensive deflnitions of “wetlands** based on Circular 39 types (Types 1 thru 8). This section (78-1602) replaces the prior definitions that merely identified wetlands as ‘lowlands covered with shallow and sometime temporary or intermittent waters, and also identifiable by wetlands vegetation and soil types’. The ordinance establishes that all Type 1 thru 8 wetlands in the City are subject to the ordinance provisions, and it references a new City Wetland Map based on the MCWD*s wetland inventory. The City*s 1974 Wetland Inventory is no longer the basis for whether a wetland is subject to City wetland ordinances. The past distinction between “City of Orono protected wetlands** (those on our 1974 mapi and “non-Citv protected wetlands** (those areas that are wetlands delineated under WCA delineation rules but were never on Orono*s map nor protected bv Orono) will no longer exist. The ordinance establishes methods for resolving the location of wetland boundaries if they are disputed. The ordinance also provides a procedure for removing a wetland from the Wetlands Overlay District or amending its boundaries (for instance, in cases where unavoidable impacts result in wetland filling and replacement). The ordinance does not take the place of Wetland Conservation Act (WCA) regulations but is in addition to them. The WCA rules primarily deal with work within a wetland; for example, WCA does not require wetland buffers. The new ordinance*s primary focus is to protect wetlands by establishing what activities or improvements the City will allow both within and near wetlands. While the proposed ordinance is intended to be consistent with WCA and MCWD rules, the City is iifil at this time becoming die Local Government Unit (LGU) for adi^nistering the WCA rules in Orono; although staff anticipates the City re acquiring that responsibility in the future, for the time being that is left to the Minnehaha Creek Watershed District (MCWD) as it has been since the early 1990s. The ordinance establishes that wetland buffers (areas surrounding wetlands that are maintained with certain natural vegetative cover) must be created: - when a wetland is being altered, replaced or restored; - when new development occurs; and - when redevelopment, construction or land alteration activity occurs that has the “potential to adversely impact a wetland** The terms “development**, “redevelopment**, and “potential to adversely impact a wetland** are specifically defined. The ordinance establishes standards for the creation and maintenance of the required buffers. Required buffer widths (ranging from 15* to SO*) will be determined on the basis of the function, values and susceptibility of individual wetlands, rather than merely on the size of the wetland. i WcUand OrdlnaiMe Angiiat9,200S PagaS The ordinance establishes a listing of permitted and conditional uses allowable within wetlands and wetland buffers; establislies standards for protection of wetlands and buffer areas; establishes required setbacks from buffers (20*); and addresses die conformity/nonconformity status of pre-existing improvements, providing for flexibility in buffer requirements where pre-existing conditions make buffer establishment difficult or impossible. The ordinance establishes a permit approval procedure and minimum standards for alteration of wetlands. 8. The ordinance establishes a requirement for dedication of wetland and buffer easements, and for marking of wetland buffers for certain types of development. 9. The ordinance establishes violations as a misdemeanor and lays out procedures for preventing or remedying violations. Staff Rccommeadatlon Planning Commission should hold the public hearing, identify any issues that need fbrdier consideration, detennine wfaedier any revisions should be made to the draft ordinan ce, and make a recommendation to Council regar ding adoption of the ordinance. This is intended to be presented to the Council on August 22 for potential final action and adoption. if ■ -. ' • . ...... . , .•%. iMiTreftr i DRAFT Auaut 4 200S « SMkmuta/undeHhiei reflect revisions since June 28,2005 version ARTICLE XI. WETLANDS PROTECTION DIVISION 1. GENERALLY rr- See. 78-1601 Purpose and Intent (a) The* purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the City's wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the Environmental Protection Plan within the Community Management Plan. These functions include, but are not limited to, sediment control, pollution control, filtration, fish rad wildlife ^itat rad aquifer recharge. The Surface Water Management Plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the reflations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, charter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (c) This ordinance applies to, and wetland buffer areas must be created or etds^ buffer areas must be maintained around, a protected wetland located partially within, wdiolly within, or directly adjacent to the property in the following situations: (1) When the wetland is required to be replaced or restored, or when the wetland is being altered; (2) When new development occurs. For purposes of this subsection, new development II -'•ll s: a. Any subdivision feat creates a new lot that has no principal structure on it; b. construction of a principal structure on an existing vacant parcel of land; j yp When redevelopment occurs that has the potential to adversely impact a wetland. For purposes of this subsection redevelopment means the removal of the principal structure to the extent of more than SO percent of its market value and volume and reconstruction on the same property. This requirement does not apply if construction is the result of less than 75 percent of the building being damaged by an involuntary force, such as fire, wind, or vandalism; (4) When any construction or land alteration activity that does not fall within the meaning of ’redevelopment ’ has the potential to adversely impact a wetland. For purposes of this section, "the potential to adversely impact a wetland" exists when all of the following three condliions exist. a. the portion of the property disturbed by construction or land alteration activity drains to the wetland; and b.the amount of grading exceeds SO cubic yards or the construction activity involves the disturbance of more than 5,000 square feet of area; and c.the redevelopment activity results in a net increase in the square footage of inq)ervious suiftces that drain to die wetland, or results in die relocation of impervious surfaces closer to the wedand, or results in changes to drainage patems (slopes, meander patterns, etc) that the City Engineer determines will increase ^ velocity or rate of runoff to the wedand. For new development, all wetlands on the property shall be subject to the buffer requirements. For redevelopment or other grading or construction situations that are not new development, only the wetland diat is potentially adversely impacted shall be subject to the buffer requirement. In the event that the wetla^ is on an adjacent property but near enough to the subject property so that buffers to said wedanJ would extend into the subject property, the bui^ requirements apply. DIVISION 2. DESIGNATION OF PROTECTED WETLANDS Sec. 78-1602 Wetland Types The wetlands protected and regulated by this Section are types 1, 2, 3,4, 5, 6, 7, and 8 wetlands, as defined in circular 39, “Wetlands of the United States”, 1971 edition. United States Dq)artment of the Interior, unless the wetland is within a shorelond district in which case the more restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows: (1) 1)fpe 1 Seasonally Flooded Basins or Floodplains: Type 1 wetlands are seasonally flooded basins or flats in which soil is covert with water or is waterlogged during variable seasonal periods but usually is well-drained during much of the growing season. Type 1 wetlands are located in depressions and in overflow bottom lands along water courses. Vegetation varies greatly according to the season and duration of the flooding, and includes bottom land hardwoods, as well as herbaceous plants. (2) Type 2 Inland Fresh Meadow: Occurs along the shallow edges of lakes, marshes and floodplains, or in perched depressions. The soil is usually without standing water during much of the growing season, but is waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and various herbaceous plants. (3) T)pe 3 Inland Shallow Fresh Marsh: Soil is usually water logged during the growing season, often covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic vegetation. (4) 7)pc 4 Inland Deep Fresh Marsh: Soil covered with six inches to three feet or more of water during growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water areas may contain pondweeds, naiads, cooutail, water milfoils and other submergent aquatic vegetation. Type 5 Inland Open Fresh Water: Water is usually less than 10 feet deep and is fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. (6) T'ype 6 Shrub Swan^: Occurs along sluggish streams or on floodplains. The soil is usually waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation includes alder, willow and dogwood. 4 ; 4 I • Type 7 Wooded Swamp: Occurs along sluggish streams, on floodplains, on flat perched depressions and in shallow lake basins. The soil is waterlogged to witliin a few inches of its surface during the growing season and is often covered with as much as one foot of water. Vegetation typical to this wetland includes tamarack, white cedar, black spruce, balsam fir, red maple and black ash. 1}pe 8 Bog: Occurs along sluggish streams, on flat perched depressions and shallow lake basins. The soil is waterlogged and supports a spongy covering of mosses. Vegetation typical to this wetland type includes sphagnum moss, heath shrubs and sedges. Minnesota togs contain leatherleaf, Labrador tea, cranberries and pitcher plants. Scattered stunted black spruce and tamarack also are common features of togs. Sec 78<>1603 Boundaries of (he Wetland Overlay Districts and Designation of Official City Wetland Map. This Section establishes wetland overlay districts. These districts are subject to additional requirements beyond those required by the WCA. The toimdaries of the wetland overlay districts are identified gnq)hically on the official City Wetland Map (CWM) udiich is hereby adopted by reference, a copy of which shall be kept on file in the office of the City Clerk and shall be available for public review during all normal office hours. Wetlands in addition to those shown on the City Wetland M^ may exist, and may be identified by wetland delineations under WCA rules. If a specific wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the delineation. The City may require wetland delineations to determine compliance with WCA rules and to determine administrative wetland boundaries; however, property owners may have wetland delineations done for their inoperties on their own initiative. The delineation must be done by a qualified professional according to WCA rules and be acceptable to the Planning Director. Approved WCA wetland delineations must be provided to the city in a hard copy format and a CAD or OIS format in Hennepin County coordinates. The Planning Director will have the ^>proved WCA wetland delineations shown on the official City Wetland Map. Public waters are not included in the overlay district, unless a wetland is part of a public water. Sec. 78-1604 Interpretation of Wetlands Boundaries. Whenever a wetland boundary is disputed or uncertain, the Planning Director may require the submission of a registered survey of the property and field staking showing the city-designated wetland contour or a delineation of the wetland, and such other information as the director may require in order to resolve the dispute or uncertainty. No boundary change may be authorizto on the basis of fill that was placed on the site after the City designated the area as part of the wetland overlay district Persons aggrieved by a decision of the Planning Director may appeal such decision in accordance with the provisions of Section 78-99 of this ordinance and the WCA rules. w p-Tj i^T' '~»».p»^-'*^i - iTvt^-' •rn.'*' iite£w: DIVISION 3. BUFFER AREAS See. 78-1605 Wetland Buffer Areas. (a) This subsection establishes requirements for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion wliile filtering sediment, chemicals and other nutrients fix)m runoff that drains into wetlands. Buffer areas can inqnove the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) Buffer areas regulated by this section are areas of vegetative cover that are upland of the wetland ed|p, and that occur in a natural condition or tlirough restoration. Buffer areas consist of shrubbery and trees, native grasses and/or forbs that are not mowed, fertilized or manicured in any manner. Mowing, fertilizing, manicuring, or vegetation removal within a buffer area is not allowed unless the City has issued a permit fbr such activity in conjunction with an approved buffer management plan. (1) Acceptable buffer areas shall have the following qualities: A continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten (10) consecutive years, or b.An over story of trees and/or shrubs with at least eighty (80%) pocent canopy closure that have been uncultivated or unbroken for at least ten (10) consecutive years, or c.A mixture of the plant communities described in a. and b. above, which have been uncultivated or unbroken for at least ten (10) consecutive years. Uruuxeptable buffer areas have the following qualities, including but not limited to: Undesirable plant species (including but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge and noxious weeds), or b. c. Lacking a layer of organic thatch or duff, or Topography which tends to channelize the flow of surface runoff, or d. b characteristically unlikely to retain nutrienb and sediment. fit' ■f A ■ Buffer areas v^ich have been broken or cultivated within the past ten (10) consecutive years must be restored to a condition consistent with an acceptable buffer area defined in Section 78-160S(b)(l), a restoration or landscape plan must be submitted to the Planning Director, which restoration shall include, replanting and maintaining according to each of the following guidelines: a. Buffer areas shall be planted with a seed mix containing one hundred (100%) percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye. b. The seed mix to be used shall consist of at least twelve (12) pounds pure live seed (PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. c. The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per acre. d. Native shrubs and or trees may be substituted or used in addition to forbs and grasses. Such shrubs may be bare root seedling and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. e. f. g< h. i i Native prairie grasses and forb^ contractor. 1 be planted by a qualified No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish accqitable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. All seeded areas shall be mulched inunediately with clean straw at a rate of one and one half (1 % ) tons per acre. Mulch shall be anchored with a disk or tackifier. Buffer areas (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established, and at that time the fence shall be removed. ‘Ha.. X ■wW k-w , V.* f ' i (c) Buffer area widths will be based on the size-of the wetland basin the Wetland Protection Strate^es established in the Orono Surface Water Mana£ement Plan tSWMP) (December 2002). A Protection Classification has been assigned to each wetland in Orono based on the stormwater susceptibility and functional assessment for each wetland. The Protection Classifications for each wetland will be found on the”Wetland Manatiement Classification Map & List” which is hereby adopted bv reference, a cobv of which shall be kept on file in the office of the City Clerk and shall be available for fjublic review during all normal office hours. The following are the required buffer area widths for each Protection Classification: Sieo of Wetlan d 0—} aore 4 —3;S"aores —S-eeres aoree Width-ofB uffer Area-Fr&m the Wetland Bounda ry 16.5 feet 20 fee t 25 feet 25-4eel ejection Classification "^reserve” "Manage 1 "MmaneS" Width of Buffer At vs from WetlandBsitnda^ 50 feet 35 feet 25 feet 15 feet (d) In cases of new development or redevelopment the City shall require that vegetation in the wetland buffer be installed prior to the issuance of the certificate of occupancy. The City may waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required buffer. (e) The City may allow the disturbance of an existing buffer area during the course of construction activity. This disturbance must be kept to a minimum, soils must be decompacted to a level that will accommodate root growth, and the buffer area must be re-established as required by the City. The City will determine the amount of allowable disturbance. The City may require a cash escrow or letter of credit equal to 1 SO percent of the cost to re-establish the buffer to its original condition. (f) The City may require buffer area planting and maintenance when the City determines that there is inadequate vegetation in the buffer area to meet the intent of this section. The City may require a cash escrow or letter of credit equal to ISO percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for up to two years and may be used by the City to replace any vegetation that dies. JL T I m (g) The affected property owner or homeowner association that is responsible for the maintenanee must: Maintain and repair damage to buffer areas from such activities as mowing, cutting, grading or other prohibited activities, unless mowing is approved by the City as a buffer management plan. Permission must be obtained from the City before implementing buffer management plans, which may include mowing, burning, and the use of herbicides. Maintain only the permitted vegetation in the buffer area and must remove all noxious weeds and invasive, non-native species such as European buckthorn, upon obtaining a vegetation removal permit from tlie City in conjunction with an approved buffer management plan. (3) Ensure that all soil surfaces in the buffer area are planted with the permitted vegetation and that there is no open soil surface that may result in erosion. Ensure that livestock or other domesticated animals which have the potential to permanently disturb the buffer area by compaction o- vegetation removal be kept from entering the buffer area and wetland by a fence or other suitable means. (h) The final upslope edge of the buffer shall be provided to the City in a hard copy and in a CAD or OIS format in Hennepin County coordinates. (i) Golf course partial exemption. Public and private golf courses existing and in operation on the date of adoption of this ordinance shall be allowed a partial exemption from buffer creation and maintenance requirements with regards to mowing or cutting buffer vegetation in areas subject to golf play, upon oompletion-of-the following svithin one veoi of the a doption of thia erdina noe subject to the following. Submitta l of a oertifioa te of surv ey identifying the location, size and type of a ll exiating wetlands on the property; At such time that this ordinance requires establishment of a buffer, applicant shall submit a certificate of survey identifvmif the location, size and type of the wetland for which buffer exemption is requested Submittol of o Applicant shall submit a buffer management plan for City Council approval, identifying those areas where exemption is requested and providing for alternative methods of wetland protection equivalent to an unmowed buffer. %/rThe golf oourae partial exemption shall opply only to wetlands oxioting os of the date ; thia ordinanoe* All newly oreat ed wwtlat^a or ponds sha ll be subject to the-standa rd buffer requiiementot 8 • • I K.:ki DIVISION 4. USES Sec. 78-1606 Permitted Uses. (a) Within the wetland overlay districts no land may be used except for one or mote of the following uses: Native wetland vegetation, provided that no change is n.ade to the ground elevation; (2) Wildlife and nature preserves; (3) Ove;head utility lines and poles that are less than two feet in diameter; (4) Docks which provide reasonable access to the lakeshore and do not exceed 4’ in width; (5) Public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the City; or (6) Environmental monitoring or control facilities, including those related to water quality and wildlife regulatioa (b) Within wetland buffer areas no land may be used except for one or more of the following uses: • n (1) Native vegetation, provided that no change is made to the ground elevation; (2) Wildlife and imture preserves; ^ •• . (3) Boardwalks, docks or other reasonable access to the wetland not exceeding 4* in width, poles that are less than two feet in diameter to be used for boardwalks and bridges (4) Public and private flood control stiuctures, ponding and drainage facilities and associated accessory appurtenances as approved by tlie City; (S) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation; Overhead utility poles and lines that are less then two feet in diameter, under-ground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes and other equipment that provides an essential public service; II Li f ■ < i - III! Mill (7) Retaining walls if the City determines that the retaining wall will protect the wetland from conditions of erosion^ when approved as part of a wetland permit application. Sec. 78-1607 Conditional Uses. (a) Within the wetland overlay districts and the wetland buffer areas no land may be used for the following except by conditional use permit and except in formance with the standards specified in Section 78-1608 of this section: (2) (3) Private and public recreational uses, including golf courses, impervious J ^ trails, picnic grounds and boat ramps;^si4i ^4 Other non-stnictural fiuiilities similar to those permitted by this section which also meet the intent of this section, as determined by the City; or Public utilities, including necessary structures; Public structures associated with recreational uses permitted by this Section or by Section 78-1606 of this section that are designed in an environmenti^y sensitive manner and will withstand periodic flooding, except for structures designed or used for habitation or the storage of equipment. Unpaved hiking, skiing and horseback riding trails which comply with WCA standards. (b) No conditional use permit will be granted unless its approval will not adversely impact wetlands, the wetland buffer area, and surrounding properties, the intent of this ordimmce or die goals and policies of the Community ^magement Plan. If applicable, granting of a conditional use permit will be conditioned upon approval of the request by all other appropriate regulatory governmental agencies, including the MCWD (MCWD) or the Minnesota Department of Natural Resources. wmi • \. •f* A ' > • DIVISION 5. STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING LANDS S«c. 78-1608 Standards. The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to neightering lands; Protection of wetlands and wetland buffer areas. b. c. d. e. f. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. No structures are allowed in the wetland overlay districts, or wetland buffer area except those allowed as of right or by conditional use permit by Sections 78-1606 or 78-1607 of this Ordinance. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain such activities may be permitted when approved by the City as a buffer management plan. Invasive non-native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the City. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland buffer area, which ever is more restrictive, or as required by the City. This fencing must remain in place until all development activities that may affect the wetland and the wetland buffer area have been finished and adequate vegetative cover has been established at which time the fencing must be removed. All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. All hard-surface runoff must be treated in accordance with the requirements of the City and the appropriate watershed district Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must l» properly maintained and serviced by the property owner. il. g<Discharge into the wetlands must occur at a rate no greater than allowed by the City Engineer in accordance with the City's Surface Water Management Plan and the appropriate MCWD requirements. Setbacks. All buildings (principal and accessory), must be set back at least 20 feet from the upslope edge of the wetland buffer. Exceptions: play structures (including sport court type structures), grade-level decks, patio slabs, driveways, sidewalks and parking lots. b.A setback from the buffer area is not required for overiiead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes, entrance monuments meeting Section 78-1405(8) and other equipment that provides on essential public service. c.A setback from the buffer area is not required for fences or retaining walls. (3) Noncor^ormities. dfl. f Effect of Wetland Boundary Expansion . An existing structure, driveway or parking area meeting the required setback from a City- designated wetland boundary or buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its bu^ is closer than the required setback. k KrittiHf Nntt/'onformUies. An existing structure, driveway or parking area that does not meet the required setback from a City- desifnated wetland boundary or buffer area, is considered a legal nonconforming development. Avoiding Future Nonconformities. In order to avoid the creation of future nonconformities, in situations where development, redevelopment or construction activity does not trigger the establishment of a buffer, the following setbacks shall apply: 1.All new buildings shall maintain a setback from a delineated wetland boundary equivalent to the width of the buffer area per the chart in Section 78-160S(c) plus the required 20* buffer setback. ‘i ■ r ’ • ' I ' ■"•Ji n J \ 1 J 2.All new non-8tructural impervious surfaces and those structures listed as exceptions in Section 78-1608(2Xa) above shall maintain a setback from the delineated wetland boundary equivalent to the width of tlie buffer area per the chart in 78-1605(c). Buffer Flexibility. Where exis/int^ structures or surfaces are located within an area that would be required for establishment of a buffer under this ordinance, alternative methods of wetland protection may be approved bv the City Council to avoid creating unreasonable impacts on the existing use of a property. Such methods mav include but are not limited to buffer width averaainr. redirection of drainage to an area where buffer is feasible, etc. Sec. 78-1609 Removal of Lands from the Wetlands Overlay District (a) Removal of wetlands fix>m a wetland overlay district (i.e. by filling, etc) requires a zoning amendment and an amendment of the official City Wetland Map. The amendments must be made pursuant to the provisions of Section 78-43 of this ordinance and WCA replacement rules. These amendments must be consistent with the purpose of this ordinance, the City's Surfiwe Water Management Plan and the goals and policies of the Community Management Plan. In determining the appropriateness of a rezoning request, the City Council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and ftmction of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of new wetland is created to compensate for the wetland being filled. However, the deminimus exemption specified by the WCA rules for wetland replacement may be used for the removal of Type I wetlands that are not included within the City's overlay district Unless otherwise approved by the City Council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. (c) In addition to application requirements, the City may require submission and approval of the following information: (1) An approved wetland replacement plan application from the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or CIS format in Hennepin County coordinates, with tq)propriate drainage calculations and erosion controls prepared by a registered engineer; rr i a i h • 1 .1 (4) A landscaping or revegetation plan; (5) Such other information as may be necessary or com cnient to evaluate the proposed permit; and (6) A MnRAM assessment completed by the MCWD. Sec. 78-1(110 Alteration of Wetlands. (a) No alteration of land within a wetland overlay district or a wetland buffer is allowed without a wetlands alteration permit, subject to recommendation by the Planning G)mmission and approval of the City Council. The Planning Commission must hold a public hearing after notifying the property owners within 350 feet of the property on vdiich the proposed alteration will occur. Activities that constitute an alteration regulated by this section include changes to the size, depth or contour of the wetlands or its buffer, dredging, or alterations of wetlands or buffer vegetation. Alterations do not include wetland planting or the selective clearing or pruning of trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland alteration permit is not required when a wetland district is rezoned to another zoning clossificatioa (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that removed. Unless otherwise qqvoved by the City Council, compensatory wetland area must be provided within the same sub watershed district as Ae wetland being altered. In determining the appropriateness of an alteration request, the City Council will consider the size of the to^ wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands involved, and such other ftctors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such information as required by the City, including: (1) An approved wetland replacement plan application from the MCWD; A concept plan showing the ultimate use of the property; A grading plan, in hard copy format and a CAD or CIS format in Hennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registeied engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be necessary nr convenient to evaluate the proposed permit; and (6) A MnRAM assessment completed by the MCWD. I ITtffli te na ara^ii a H Sec. 78-1611 Public Control of Wetlands. (a) The City Council may require that the owner of any property affected by this ordinance must establish wetland and buffer area easements or restrictive covenants to be recorded within the property's chain of title. Tliese easements or covenants must describe the boundaries of the wetland and buffer area and prohibit any building, paving, mowing (unless approved as a buffer management plan), cutting, filling, dumping, yard waste disposal or fertilizer application within the wetland and the buffer area. The owner or developer must record these easements or covenruits with the final plat, witli deeds from a lot division or, if no subdivision is involved, before the City issues a gradin,^ permit or building permit for an affected property. The applicant must submit evidence that the easement or covenant has been submitted to the county for recording. (b) If the City Council does not require an easement or covenant, the City may record a notice of the wetland and buffer area requirements against the property. The property owner must still comply with the requirements of this section. Sec. 78-1612 Wetland Buffer Markers. When new development or redevelopment results in multifamily residential or a business use, the developer must place markers at the upland boundary of the wetland buffer edge at least every two hundred feet. The developer must submit a location plan in hard copy format and a CAD or OIS format in Hennepin County coordinates and must use uniform markers provided by the City. The City will charge a reasonable cost for the markers and approve the location of the markers prior to installation. Sec. 78-1613 Violations Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations oi'conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Sec. 78-1614 Autfaority/Enforcement Actions Nothing herein contained shall prevent the City of Orono from taking such other lawflil action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: In responding to a suspected Ordinance violation, the Planning Director and the City of Orono may utilize the full array of enforcement actions yailable to it including but not limited to prosecution and fines, 1 .junctions, afler-^he-fact permits, and/or orders for corrective measures to the guilty party. 8 iK When an Oidinance violation is either discovered by or brought to the attention of the Planning Director, the Planning Director shall inunediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the MCWD along with the Community's plan of action to correct the violation to the degree possible. The Planning Director shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Planning Director may order the construction or development immediately halted until a {xoper permit or approval is granted by the Community. If the construction or development is already completed, then the Planning Director may either: (1) issue an order identifying the corrective actions that must be made within a q)Ocified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after- the*fhct permit/development approval within a specified period of time not to exceed 30-days. (4) If foe req)onsible party does not appropriately respond to foe Planning Director within foe qiecified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Planning Director shall also upon the lapse of foe specified response period notify the landowner to restore the land to the condition which exis^ prior to the violation of this Ordinance. r i n» f. ■' .1 a- ^ wmm r 1 'I pI I ■ ! i ! Ijijnif ( I Vi ' • t Affidavit of Publication state of Minnesota, County of Hernepin. Eric Serrano, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIONEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has compiled with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Wetlands Protection Mgmt. Revise which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). it was first published Saturday the 30th day of July 2005, and was thereafter printed and published every Saturday, to and induding Saturday, the 30th d luiy 2005; Authorized Agent Suscribed and sworn to me on this 30th day of July 2005. Notary Public SUSANAFUMB NOMYiUUC-MMNaom lOPMBOMMM Rate InfomieUon (1) Lofwest dusMed rate paid by oommerdai user:* lor comparable apace: $15.SO per Inch. (<f) Maximum rate alowad by law for above matter: $ I S.SO. (3) Hate aduaHy charged for above matlan $7.86 per Inch. Each additional suooesalve week: $5.79. i 'Vi L • Affidavit of Publication state of Minnesota, County of Hennepin. Eric Serrano, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Wetlands Protection Mgmt. Revise which is attached was cut from the columns of said newspaper, and was printed and published " 'l' once each week for one successive week(s). mm.1.1*•Vf s .* ■ A • V.. ,» iir.i i>^n$n * * It was first published Saturday the 30th day of July 2005, and was thereafter printed and published every Saturday, to and including Saturday, the 30th day; I July 2005; ^ Authorized Agent Suscribed and sworn to me on this y 30th day of July 2005. Notary PublicwSUMNAFUMtS Nomirnauc-MMNE8or« MreaMnoNoi'iijuoMt-ioto Rato information I (1) Lowest oiassKled rate paid by oommerdal users foroomparable space: $15.50 per Inch. (2) Maxbnum rate aHowed by law for above matter $15.50. (3) Rate actually charged for above matter: $7.96 per Inch. Each additional sucoesaive week: $5.79. *N. pii SsfShr«^Sfi n * KtllilllKS PPI «P.5^' A’K'a IBS k:nW>«,■/*>•■' ila«i pirai ,H* X \ ■rilA?? •■•h • V I Ir-s ,7^111%^i v.iI.-.;.j I r.r.Ji^^ i ;i Ml \ r V Functional Assassment of Wetiands ^ Wetland Managemen “■"•>•’ Classificatio Manage 3 Orono Wetlands FAW Classification f flUD-15-2005 14: lY ThiMlmtha/u Cmk WkunMDiaHetis emmiUtdvt IttdmUfnkin ffoitttiitfibnpTvvutg, smfMWiunmd tffSiaKdgrovndwcatf mmmtifUhintht Dbakt, indn^iiii Mr rtki/cndnpswtht ttuyttimifwlikhiluf artMmtrgrtlftrl, iftroufth ngubuim mpilalpntjtrli, tMpthn, eptptrafive tndtatvrf,amf other program bifcdo« toundtdeiue, livwwuiH an Injbrmad and engaged eonttihUHcy, and die (oU ^UesHim me of puUie •firndi. liniehaka Creek Watershed Disfrict Improving Quality of Water, Quality of Life Establi^edinl967 August 15,2005 Michael Oaffron City ofOrono P.O. box 66 CrysUl Bay. MN SS323 RE: City of Oiono Wetland Ordinance Revision DearMr.Gaffnm: Thank you for the opportunity for foe Minnehaha Creek Watershed District (MCWD) to review and comment on the proposed revisions to the City of Orono Wetland Ordinance. MCWD has completed review of foe proposed changes and included comments below for consideration by foe City. Once again, the City of Orono should be commanded '*n its progressive approach towards protection and conservation of our shared natural resources. The proposed ordinance clearly codifies the intent of the City as being a municipal leader throu^out the metropolitan area in natural resource protection. The proposed wetland ordinance, application of wetland buffers, wetland inventory, development of management districts, creation of clear definitions in addition to the implementation standards within the ordinance will serve as a useful tool for foe residents of Orono, but MCWD also envisions that the proposed ordinance will serve as at: example to other like-minded communities on innovative ways to manage and protect water resources wifoin their boundaries and downstream. MCWD shares similar concerns as the City of Orono in the manai^meot of wetlands throughout foe District Wetlands provide a number of benefits .vithin foe landscape including: • Water quality, including filtering pollutants out of surface water and groundwater, using nutrients that would otherwise pollute public waters, trapping sediments, protecting sborelirc, and recharging groundwato’ supplies; Floodwaier and storm water retention, including redi>..ing the potential for flooding in foe watershed; • Public recreation and education, including hunting and fishing areas, wildl ife viewing areas, and nature areas; • Fish and wildlife benefits; and • Low-flow/water level augmentation during times of drought C ttt6iiilinilwilioiJs«efd;6wsheswiiaiMW^ • PliaM:9a2471-(i690 * ta M2-47!*0ilt • wwwJuMMtwMlLorj TO=T5=a0B5 —CTTTT MCWD implemenlii managetnent strategies througlioui the wattirshcd to attempt to balance the impacts of human action upon the environment and water resources. These include capital improvements such as wetland restorations, programs such as studies and natural resource inventories, planning, educational programs, grant programs, administration of a regulatory program, and coordination with local municipaiitiBs in partnership to achieve mutual goals. Over time, MCWD has developed strong relationships with the residents, elected officials and staff of the City of Orono. MCWD looira forward to continuing such relationships in the future for the benefit of the residents of MCWD and the water resources we share. In review of the proposed Wetland Ordinance, it is of particular importance to note the current role of MCWD in die munagement within the City of Otono and the projected role of the agency in the future: I. Wetland Conservation Act. Local Government Unit: MCWD is cunently designated as the Local Government Unit (LGU) for the administration of die Wetland ConservetioD Act (WCA) within the City. The LGU is charged with making key determinations and WCA>related decisions as outlined in Minnesota Rules 8420. As the City of Orono is aware, it may assume this reigKmsibility in the future if it so ohoosea, however diis is a service which MCWD gladly provides to many of its communities. 2. MCWD Functional Assessment of Wetlands 120031 : MCWD recently completed a functioual assessment of all of the wedtnds widiin its boundaries above 0.25-acres (10,890 square feet) in size. For each wetland, this study provides Odd data associated with approximate wetland size, function and value using the best available scientific data. The City of Orono wetland inventory currently utilizes this data. The FAW will require periodic updating in order to remain current and effective. An update and review will likely occur prior to 2008. 3. MCWD Comprehensive Plan Revisions: MCWD b cuirently revising its Comprehensivu Water Resources Management Plen. It b the intent of MCWD to complete these revisions by the end of 2005. The revised Comprehensive Plan will provide a fi-^work for the implementation of MCWD Goals, Objectives and Management Strategies over the course of th^ coming tcn*yenrperiod (2007-2017). Through thb pl^ ^*CWD will (MMure the integration of various components of its i^rerations including planning, land conservation, capital improvements and the regulatory program to achieve its goals. The revised Comprehensive Plan will provide a fiamework fbr revision to regulatory Rules (see below). 4. MCWD Rules Revisions: Following adoption of the revised Comprehensive Plan, MCWD will revise its regulatory Rules to conform with the implementation strategies identified in the plan. This includes both Welland Protection (establishing bulTcia, Rule D) and Stormwater i RUB-13-20B5 14: lY % * I . Management (Rule N). MCWD will iq>proach the ai^lication of wetland buffers similai’ to the City of Orono and base flituie buffers on the identiflcd iunciion and value of the wetland (according to an adopted classification sysiem). In addition, MCWD will also require specific stormwater management practices (such as pre*treatroent of runoff prior to discharge into wetlands) as mandatory for certain management classes. The revision to the MCWD Rules (the Wetland Protection Rule in particular) will be the result ofa linear progression of study, comprehensive planning, and integration into an overall management strategy for the watershed. Because the details of the MCWD Rule revisions will not be addressed until a nur ber of milestones such a.s the adoption of the Comprehensive Plan have been accomplished, this should not dissuade the City of Orono from adopting a Wetland Ordinance. However, it should be acknowledged that MCWD will implement similar measures with its regulatory program in the future. In order to assure efneient application of regulations, MCWD and die City of Orono should strive to achieve die following: • Utiliae common sets of baseline information - MCWD advocates the use of the MCWD Functional Assessment of Wetlands (FAW) as a tool for identifying geognqihic location, approximate size, ftinction and value, and management classification. Wetland classes identified by the City should be consistent with the classifications indicated in the FAW. In addition to " the categories of Preserve, Manage 1, Manage 2, and Manage 3, MCWD ^ also plans to adopt an additional category of “Restore** based on those wetlands which are identified within the FAW as having a high potential ^ for restoration. '* f • Sharo minimum standards - Sec. 78* 1605(c) calls for a wetland buffer of IS'feet in width for Manage 3 wetlands. With the current MCWD Rule, ^ the minimal buffer width applied by MCWD will be 16.5>reet. Because a . \ \ permit applicant is subject to both City of Orono and MCWD ^ I requirements, the minimum 16.5-foot bulTor will be enforced regardless of ^ | ^ J whether it is required by the City or MCWD. As a matter of efnciency, it ' is advantageous to minimize the discrepancies between City of Orono and MCWD requirements, h most cases, proposed City of Orono Wetland Ordinance will be more restrictive than MCWD requirements (as they pertain to buffer width), however, minimum standards must be ubiquitous diroughout the watershed. • CnnnIinatB aeenev services - MCWD encourages the City or Orono to rely on die LCD to provide services obligated by State Rules. Sec. 78-1603on me lajU to ptoviae services ooiigaicu oy oiaio luuca. /o-iuu.? ^ and See. 78>1 604 rely heai ily on City Staff to make wetland boundary and hydrologic characteristic diterminatiODS. Ofientimes, for similar situations i throughout the walorshed, :he LGU would coordinate a panel of expmt% pV' • flUQ-15-2025 14118^ referred to as a Technical Evaluation Panel (TBP) together to provide guidance for such dacisions. This again, ia a service which MCWD gladly provides to the City and its Staff. In addition. Sec. 78-1 607(b) states that if ^iplicable, conditional use permits will be granted upon qiproval of all odier appropriate governmental agertcies including MCWD. This staiement is very much appreciated and critical to die coordination between the City and MCWD. However, it should be noted that according to MCWD Rules, die District cannot act upon a permit application without, at a nunimuni, preliminary approval fiom the local municipality (e.g. Planning Commission). arreptable dafinitions - It will prove to be most efficient for both the City and MCWD to agree on common definitions in application of Rules and Ordinances. For example; Sec. 78-1608.3(d) Duffer Flexibility - MCWD plans to adopt a Rule which will allow for buffer averaging where appropriate, but will also incorporate the use of Best Management Practices such as rain gardens, cisterns or rain barrels in place of a buffer where site restrictions will not provide for the full buffer width. Sec. 78-1609(b) line 6 “within the same subwatershed district*' - MCWD comprises eleven subwatersheda of which, the subwaiersheds of Painter Creek, Long I^»« Creek and Lake Minnetonka cover the City of Orono. MCWD requires that impacts to wetlands, generally, be mitigated within the tame subwatershed. It should be clarified how the City of Orono defines the term or geographic area of die subwatershed fbr consistency. Sec. 78-1 609(cKl) City may require en “approved wetland r^lacement plan application fiom the MCWD”-While diis is an obligation of the LGU to review and approve wetland inqiact and rqilacement plan.s, u noted above, as a matter of procedure, MCWD cannot act on a pemiii application without the applicant first obtaining preliminary approval from die local municipality. Sec. 78-l609(cK6) City may require “A MNRAM assessment completed by the MCWD.*' Most often, for an applicaiion which proposes impacts to wetlands, MCWD will require the applicant to complete the MNRAM aaeeasment if one docs not exist (MNRAM is essentially the information included in the MCWD Functional Assessment of Wetlands). MCWD will review and approve submitted asaesaments - diis is a service gladly provided to ^e City of Orono. Sec. 78-1 610(b)(1) City may require an “approved wetland replaconot plan application fiom the MCWD'* - Aa noted above, while is an ' t V V*' \K>r • * mmM oMit>Hi«w» of the LOU to review urd ipprove wetland impact and leplacement plans, u a matter of procedure, MCWD cannot act on a permit application without the applicant first obtaining pieliminaiy approval from flw local municipelity. Sec. 78-16IO(bX6) same comment as 78-l609(cX6) regarding MNRAM. See. 78*1611 Hasemenia and restrictive coventtits > MCWD also requires die recording of a "Deolaration” with the Hennepin County Recorder to memorialtee the obligations ofa property owner towards m wetland buffer. As 4 matter of efficiency, it may be advantageous to obligate a permit applicant to record one document which identifies both the concerns of the City of Orono and MCWD. The MCWD standard Declaration template is attached for your review. Once again, MCWD thanks the City of Orono for both the opportunity to review and on (be proposed changes to the Wetlsnd Ordinance at well as your dedieation towards protecting and improving our environment The ibiesigbt of the City will ensure that our shared resources are conserved for future generations. Plaase contact MCWD staff if you have any questions regarding the content of this lettw. MCWD looks forward to working with the City and its residents in tbs foture. Sineerely, C:Ron Moorsc, City of Orono Rmae Clark, MCWD • Hi' ' TOTRL P.aS u 1- ^. WINSTON LAW OFFICE August 12, 2005 ^^CE/VEO J^^^r. 1 2 2005 fy OF ORONOOrono City Council and Orono Planning Commission c/o Mike Gaffron, Planning Director Orono City Hall 2750 Kelley Parkway PO Box 66 Crystal Bay. MN 55323 RE: Draft Wetlands Protection Ordinance and Application No. 05-3095 (Gregg Steinhafet Application for Conditional Use Permit to Install a Permanent Dock Structure at 2265 North Shore Drive, Orono, Minnesota) Ladies and Gentlemen: ( On February 23 of this year, Gregg Steinhafel, the owner of the property at 2265 North Shore Drive (the “Property"), filed an application for a conditional use permit to allow him to install a permanent dock type structure extending a short distance over a wetland area, from one side of the Property. The Property consists of approximately 45 acres, and includes hundreds of feet of lakeshore on Lake Minnetonka. The Properly is unique by reason of its size, extensive lakeshore, privacy and low density development. The Steinhafel application for a CUP has been tabled pending the City's adoption of a wetlands protection ordinance. Because the provisions of that ordinance will have a direct bearing on the Steinhafel CUP application, we address first those provisions of the draft ordinance which may affect the application. As no replacement, restoration or alteration of the wetlands on the Property will occur, and as there will be no activity which “has the potential to adversely impact a wetland,” as that phrase is defined in Section 78-1601 of the draft ordinance, we can turn to Sections 78-1606 (permitted uses) and 78-1607 (conditional uses), for a discussion of the applicability of the ordinance to the proposed dock type structure. Section 78-1606(a)(4) of the draft ordinance provides that "docks which provide reasonable access to the lakeshore and do not exceed 4' in width” are a permitted use. (The same four foot width limitation is set forth in Section 78-1606(b)(3).J The following Section 78-1607 provides that other “private and public recreational uses," which include (presumably, without limitation) "golf courses, impervious trails, picnic grounds and boat ramps" are conditional uses. If one assumes the City's adoption of the 4-foot wide dock limitation as the limit of a permitted use, the Steinhafel application would continue as an application for a conditional use under Section 78-1607, to allow a "private recreational use,” which in this case would be the use of a private fishing and 3912 IDS Center, 80 South Eighth Street, Minneapolis, Minnesota 55402 Telephone: 612.341.9800 Facsimile: 612.332.1215 Email: winlaw@qwest.net August 12, 2005 Page 2 wildlife observation structure, as described in the Steinhafel application documents. Under these circumstances, the draft ordinance poses no impediment to the Steinhafel application, but what if the City were to interpret the draft ordinance to impose an absolute 4-foot width limitation on any dock type structure, as either a peimitted or conditional use, no matter what Orono property might be involved? If that were to be the case, a very real issue is presented by the Steinhafel application, which is: Should the 4-foot wide "boardwalk/dock/other reasonable access” limitation apply to every property in the City of Orono, no matter what the size of the property, no matter what the lakeshore, no matter what the nature and extent of the subject wetland and without regard to handicap accessibility concerns? Accordingly, if Sections 78-1606 and 78-1607, as presently drafted, are construed to prohibit all structures wider than 4 feet, we submit that the answer to the above stated issue is that different circumstances should allow different restrictions, and thus Section 78-1606 and/or Section 78-1607 should be revised. The 4-foot width limitation (a "one size fits all" proposition) should not be imposed arbitrarily on every property in Orono. Different widths could be stated for different sized properties as a pe^itted use. AKemativety, while a 4-foot wide limitation could be stated as the optimum in Section 78-1606, as a permitted use, discretion should be granted to the City under Section 78- 1607 to grant wider dock/walkway widths, when circumstances merit the same, as a conditional use. Accordingly, If the draft ordinance is interpreted to impose an absolute 4-foot maximum width, under both 1606 and 1607, we propose that 1606 of the draft ordinance be amended to permit greater widths as a permitted use, when acreage and wetland/lakeshore frontage warrant the same. AKematively, we propose that 1607 of the draft ordinance be amerKled to allow the potential for wider structures on a conditional use basis. Each of these alternatives would remove the arbitrariness of the “one size fits all” 4-foot dock width limitation. The foregoing addresses the draft ordinance In general, but what about the unique situation presented by the Steinhafel application, and why is a wider structure proposed by the applicant? The Steinhafel family wishes to provide reasonable handicap accessibility to the lake and to the wetland area through which the structure will pass. A structure 6 feet in width along its length, with an 8-foot width at its terminus, will allow reasonably safe and secure access to persons with special accessibility needs. A person in a wheelchair or walking with the assistance of a walker will be better able to maneuver, as will other persons using the structure contemporaneously. Then, too. with the Property here involved, there is the scale of the recreational use structure in relationship to the 45-acre size of the subject property. It is not as though the applicant is trying to squeeze an oversized st'ucture into an undersized lot. The scale of the structure is appropriate to the size of the acreage and length of the lakeshore here involved. J t. I- ^ ; * •( i. - j ■ August '12,200S Page 3 And no one can seriously argue, when one considers the size of the Property, that adding an extra 2 feet along the 92 foot leg of the structure (184 sq. ft.), or adding 4 fset to the 20 foot long platform portion of the structure (80 sq. ft.) adds any material impact to the wetland area over which the structure is proposed to pass. The total additional area, 264 square feet, is just not that significant. Finally, to address any concern that approval of the pending application would set any sort of precedent, we submit that the Property and this structure are unique. There will be no precedent, if the CUP requested by Mr. Steinhafel is granted. No other property owner can claim that his/her property presents the same circumstances as the Property. Another owner simply cannot in good foith make the argument that his 2. 5 or 10 acre parcel is the same as t^ 45 acre parcel which is the Property. Further, the size and configuration of the Property allow unique privacy. The structure proposed will not intrude on neighboring properties. This bundle of unique features sets the Property apart Any approval granted by the City respect to this unique Property will itself be unique, arid not a precedent binding the City as to other properties. In conclusion, if deemed necessary by the City in order to avoid a reading of the draft ordinance that would impose an absolute 4-foot maximum width on any dock structure, anywhere in Orono, we request an appropriate amendment to the draft Wetland Protection Ordinance, either (1) to allow greater widths for larger properties on a permitted use basis, or (2) to allow greater widths for any property on a conditional use basis. With either amendment, a reading of the draft ordinance that would impose an arbitrary 4-foot limit on all properties everywhere is avoided. As to the Steinhafel CUP application itself, Mr. Steinhafel requests the approval of his pending application for the issuance of a conditional use permit to allow the installation of a permanent recreational use structure on his property, either under the City’s ordinances as presently set forth, or under Section 78-1607(a)(1), if the draft ordinance is adopted. Should the draft ordinance be amended to allow greater widths than 4 feet as either a permitted or conditional use, then we would proceed under the applicable provision. However we proceed, the proposed recreational use structure will allow greater safety and security all users, but especially for the handicapped or disabled user; is appropriate to the size of the overall acreage and lakeshore involved; will have no materially greater impact on the wetland that a narrower structure would have; and will not set a precedent with respect to other properties on Lake Minnetonka. Respectfully submitted. John b. Winston JBW/krm >L' - *■ WINSTON LAW OFFICE August 18.2005 Orono CiW Council do Mike Gaffron, Planning Director Orono City Hail 2750 Ken^ Parkway PO 00x66 Crystal Bay. MN 55323 received m i « ^005 CITY OF ORONO . RE: Draft Wetlands Protection Ordinance and Application No. 05-3095 (Gregg Steinhafei Application for Conditional Use Permit to Install a Permanent Dock Structure at 2265 North Shore Drive. Orono. Minnesota) Dear Mayor Peterson and Council Members: b We appeared before the Orono Planning Commission on August 15 to express the concerns of our client Gregg Steinhafei with regard to the above-refermc^ wetlands protection ordinance, and its effect on Mr. Steinhafel’s CUP application. We had earlier submitted our August 12 letter to the Planning Commission, and set forth in that letter a full statemerrt of our concern. In response to our comments and letter, the Planning Commission reoommerKled the amendment of Section 78-1607 to allow, as a coriditional use. docks wider than four feet, but not wider than docks which might be allowed by the DNR or Minnehaha Creek Watershed District. We believe that the amendment adequately addresses our concerns, and that Mr. Steinhafel's CUP application can proceed, if the City Council adopts the same amendment. We request that it do so. Unfortunately, we will be out of town Monday and Tuesday, August 22 and 23. As this matter is scheduled to be considered by the City Council on August 22, we will not be able to appear before the Council to address this matter. Accordingly, please let this letter and our earlier letter of Ai^ust 12 speak for us. We ask for the approval of the amendment made by the Planning Commission, so that the Steinhafei CUP application can proceed. Thank you for this opportunity to address the Council. Respectfully submitted. JBW/krm 3912 IDS Center, 8o South Eighth Street, Minneapolis. Minnesota 55402 Telephone: 612.341.9800 Facsimile: 612.332.1215 Email: winlaw@qwestnet vN yA v:i #12 fi 8 3144 3104 A T X. 1 A o O- O C AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 22, 2005, 7:00 IMM. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, OKONO, MINNESOI A (*) Asterisk items arc considered to be routine items to be enacted upon by one motion by the City Counci under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc available in tiie Public Packet • located on the counter near the sign in sheet. COUNCIL MEETING AUG 222005 CITY Of ORONO ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA I. Approve/A mend APPROVAL OF MINUI ES * 2. Regular Council Meeting of August 8,2005 PRESENTATION 3. 2004 Comprehensive Aiuiual Financial Report - Ken Malloy RECOGNITION 4 Donation from Lisa Erickson for Higliway 12 Shuttle Bus PARK COMMISSION COMMENTS - Jeff Sodcrstroni, Representative PLANNING COMMISSION COMMENTS - Jim Leslie. Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. ^04-3039 Wetland Ordinance - Ordinance Adoption 6. #05-3104 David and Renee Mack, 1978 Shadywood Road - Variance 7. #05-3129 Ascent Investments, Inc. on behalf of Douglas Klint, 134.5 Rest Point Lane - Variance 8. #05-3134 Richard and Patricia Crosby, 2705 Walters Port Lane - Variance - Resolution • 9. #05-3140 Andrew and Kristen Ronningeii, 3030 Casco Point Road - Variance - Resolution ♦ 10. #05-3144 Berkshire Properties, 2745 Kelley Parkway - PUD/Conmicrcial Site Plan Renewal - Resolution II. Appeal of Enforcement Action - 2990 Casco Point Road • 12. Agreement for Vegetated Wetland Buffer Maintenance - MCWLVOrono - Willow View - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 13. Request for Payment Number 1 - Lidustrial Park Watennain Iinprovemcnls 14. Request for Final Payment - Casco Cove Stonii Sewer Project 15. Accept Quotation - Lift Station 21 I & I Reduction Project 3140 I r t.i 3134 rr' mi V, V-— 1 y' I o Date AppUcatkM Rctcivcd: 3-i3-0S Date Applicatkm CoMkkred u Complclc: 0447-05 60-Day Review Period Bipirei: 06-07-05 60-Day Review Period Eileaiioa: 00-07-05 Addilioaal Eiteation Eipiralioo: 00-24-05 COUNCIL MEETING AUG 222005 OTYOFORONO REQUEST FOR COUNCIL ACTION Date: August 17,2005 Item No. Ij) Department Approval: . Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Description: HOS-3104 - Dave A Renee Mack - 1978 Shady wood Road - Variances Zoning District: Lot Area: hot Width: LR-IC, One Family Lakeshore ResidentiaL 0.5 acre/100’ 0.32 acre (14.000 s.f.) 102 ’ List of Exhibits: Exhibit A • Revised Plans A Hardcover Exhibit B - Council Action Notice 07-27-05 Exhibit C • Review Period Extension dated 07-25-05 Exhibit D - Council Minutes of07-25-05 Application Summary: At the July 25^ Council meeting the applicants were requesting a number of variances in order to construct a 2*^ story addition and an attached garage; their plan proposed a structural coverage level of 18%, the Plaiming Commission at their June meeting had reviewed a plan for 21% structural coverage and at that time directed the applicants to redesign within the existing structural coverage level of 16%. The Council, upon reviewing the applicants revised plan referred to the Planning Commission recommendation of 16% structural coverage and asked the applicants to redesign within that level. Revised Plans The applicants have submitted a revised proposal resulting in 16% structural coverage, 1,728 s.f or 22% hardcover within the 0-75 ’ zone, and 2,484 s.f or 38.7% hardcover within the 75 ’-250 ’ zone. A lake setback variance is also required in order to construct the 2"** story addition above the existing home. Planning Staff Recommendation Approval of the revised plans as proposed, subject to submittal of a revised survey and site grading and drainage plan for City Engineer approval. COUNCIL ACTION REQUESTED Direct staff to draft a Resolution reflecting Council approval zflkJTowCf JIf *1t> *T«^» jcfie 5HHrt¥«»» fW> ; ■;; v:^.-•=.;;.: .V; ■ y " ,V ' ^ ' ■•■• ' ^ t ^ ’ --. r •/• . r “ ■ rf i, •. s' -m>' ■ :'i;'A 'ISSmI . ' i 'y'V ..f rj f i., t' 1 '■mK zia^aiJ[2:gzes:33«l -(MiuSrai ■|S«^ , 'V , J . r':i X ^rft0retm»-$cow»^'^ 'jfrn^cowaimxam .1 ii ' /. ATTKrFCKS ■^» V -izmfcjUP__WN -™:-r Jfc'y J. . mmm: • ‘' Tv i^n - , '>''*• 'V ,r> ..i‘.^v O/ HAMDCOVE. SETBACK ZONE: (CtECLBONm CULATION WOUlSttEET EXISTING HABDCqVEB IN ZONE A. Houtg 75-25#' 2S9-SOO’ SOO-1000’ VAf2.l(> ^ Lmtgtk WMi X X X X X X X X X sa m Underlain ByPloBiie Or Fabric X X X G, Other TOTAL HARDCOVER IN ZONE IN ZONE B TOTAL PROPERTY A ^isi xtOQ PROPOSED HARI^OVRR IN A. Hem* ZONE Umgtk V4AIS, wuu, X X X A Garage C. Driveway X X D. S X X E, Path/Deck F. Idmtkcape Uaderiala ByPhetie ? Fabric X X X <2. Mar TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE A Q> B 'Sis xlOO S.F. S.F. S.F S.F ^ - sJ S.F. S.F S.F S.F ^ I .. ^. S.F S.F. S.F S.F. S.F. 1(f0,O S.F. < S.F A r ^ ^ 'SF. B ? % ^A'B, (/P S.F SF SF SF. SF. O SF SF n SF. SF 3iULJL.S.F SF SF SF. S.F. S.F SF. ATSf .r-j -X3 S,F. B SI ec HARDCOVER CALCVLA SETBACEIONE: (attCLE ONE) •>75’ ORESHEET 259-590' A. Homt iMdEDCi Lmoftk JTMM B . Garagt C Drbmmi^ O. SUkwtUk £ PMo/ikek UMkrkdm BwFhitic OrFoMe G. OOm X X X X X X X X X X X X TOTAL HARDCOVER !HZONE • nOKStDHM A. Homt irwkft A Gattgo C. DHmwof A SUgmAk £ PMa/Dtck P. Um RyFkatk OrFgtrk a X X X X X X X X X X X X 7Vr4L ^[4iCDC0»^ IN ZONE TOTAL PKOFERnAREA IN ZONE A B xJOO - 599-1999' S.F. S.F. S.F S.F S.F. _________s^. __!£^2 jJ1-S.F S.F. S.F sf. . -5.F. 5.F. SLF. Af. ~TFsTT~~_% S.F. A i Jfa . 0 S.F S.F S.F S.F (jflA.O S.F 11 ^ ^ SF SS. WT-.O AF. SF SF. SF O SF. ________SF if. SF. SF. A SF B K Srp-OcTi/P^-L ls&^ 395 CC/AA-^-^- 'Z't^ (f,co= =14,1% ’ *' i*' •■%.. -•*• • ’rlCi-ie K-f. !.:.y\ '"Tiji /- -r- y :'./ n CC/^'-r-'-: Z' ACp- fCf!> ~ .• • •• .*\=- \d». ( fir'-; :J /)06i=1 /uijn a-'f'icn « p -ir'.r i . • % • -• ' • . ^ — ^.**9 J-:-^^OOD -3^^ wm HMmm.;-.: y CITYOFORONO 27M KeHcy Parkway P.O. Bax 66 Cryatal Bay, MN 55323 (952) 249-4600 ZONING FILE 05-3104 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 27,2005 TO: Dave A Renw Mack 1970 Shadywood Rd Wayxata, MN 55391 COPIES: TYPE OF APPUCATION: Variances DATE OF MEETING: Jnly 25,2005 VOTE: 5 FOR 0 AGAINST MaBoa: To table the application to allow for a plan revision meeting the 16% structural coverage level. Applicants* next scheduled meeting is confirmed as: City Council **Pleue contact Melanie CurHa regarding scheduling a meeting dote. ** Revised plans are required to be submitted at least one week prior to Council meeting date. Upcoming dates: Monday, August 8 Monday. August 22 If you desire certified copies of the official Council minutes, they are available from the City Clerk afto review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. w 6^* ^ Formal Reqinnt for Extension of Review Period With regards to Zoning Application #05-3104,1978 Shadywood Road, we hereby request a 30-day extcnsioB to August 24,2005 of the statutory application review period (which began on May 7,2005 and was subsequently extended by City notification to us an additional 60 days to August 7,2005) and request tabling of the application by the City (Council to allow us to pxovide a revised plan for review and consideration by the City Council. Date • • . - ... V.-'.- .V- . V-' ff'®: ■4 ■■■: ..;:-.v1u::.. ,:y , V ••=. . -nr M,«sai :^4 i Exhibit D MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25,2005 7:00 o’clock p.m. 4. (W5-3104 DAVm AND RENEE MACK, 1978 SHADYWOOD ROAD- VARIANCE Curtis explained that the applicants submitted a revised proposal to the Planning Commission and are requesting a number of variances in order remove a detached garage, construct a garage attach^ to the house, footprint additions to the house, and a 2”* stoiy addition over the house and the new attached garage, llie Planning Commission voted to recommend approval of the lake setback variance for a 2"^ story addition above the existing footprint; a hardrover variance within the 0-7S’ zone for 25% hardcover; a hardcover variance within the 7S’-2S0’ zone to allow an attached garage; and additions not to exceed the existing level (16%) of structural coverage, while reducing the proposed driveway hardcover (eliminate the turn around loop). Though the applicants have submitted a revised plan, the plans still require a structural coverage variance for 11% where 16% currently exists. Curtis stat^ that the Planning Staff continues to recommend denial of the structural coverage variance in order to expand the house footprint square footage. Sansevere stated that he was having difficulty finding a hardship to warrant 18%. Mr. Mack stated that the size of the lot was his hardship. At lOO’XlOO’, the lot was not too deep or wide. The applicants’ sirehitect stated that they had scaled back the garage to get closer to the structural coverage limitation. Gaffion noted that the 2% difference in structural coverage amounted to roughly 280 s.f Murphy stated that he found it difficult to find a hardship to support the variance. He urged the applicant to build a small house to fit the small lot. Mack stated that his neighbor near the channel had recently been granted a variance to build a 20X22’ detached garage near the channel. McMillan stated that the current structural cover is 16%, noting that the additions to the house and garage have brought it to 18%. Sansevere suggested the applicant have his architect redesign the house to meet the 16% structural cover. Mayor Peterson stated that the applicants options would be to table for redesign with an extension or denial of the application which would mean a wait of 6 months to resubmit. Mack asked to be tabled in order to redesign and return. Sansevere arevcd. White seconded, to tnMe Applkntion #05-3184,1978 Shadywood Road, for the gorpoae of rodsaign with a signed extension. VOTE: Ayes 5, nays 0. i: Date Appikatioii Received: 6-22-05 Date Applicatioii CoMidcred as Complete: 7-12-05 64^Day Review Period Eipircs: 9-10^ REQUEST FOR COUNCIL ACTION COUNCIL MEcTING AUG 222005 CfTYOFORONO Date: August 4,2005 Item No.: ^ Department Approval: Name: Janice Gundlach^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #05-3129, Ascent Investments, Inc. on behalf of Douglas Klint 1345 Rest Point Lane - Variances Zoning District: Lot Area: Ut Width: LR- IB, One Family Lakeshore Residential District ( I arce min.) 0.44 acres (18,994 s.f.) 54 ’ @ shoreline; 76’ @ 75 ’ setback (140 ’ required) ListofEihibits A - Notice of PC Action dated 7-19-05 B - Draft PC Minutes of 7-18-05 C - PC Memo and Exhibits of 7-14-05 Appiicadon Summary: Applicant requests the following variances in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on an existing lot 0.44 acres in area wdien 1.0 acres is normally required. 2. Lot width variance to permit construction of a new residence on an existing lot 54 ’ in width at the shoreline and 76’ in width at the 75 ’ setback when 140 ’ is normally required. 3. Side street setback variance to permit a setback of 23’ when 35 ’ is normally required and 3’ currently exists. Plaaaiag Commiuion Recommendation The Planning Commission voted 6-1 to approve the lot area and width variances but to deny the side street setback variance based on the lot containing adequate buildable area within the required setbacks. The dissenting Commissioner felt the uniqueness of the amount of undeveloped ri^t-of- way adjacent to the lot provided for a hardship to approve some level of side street setback variance. Staff Recommendation Stair s recommendation is concurrent with the Planning Commission recommendation noted above. No hardship inherent to the applicant ’s property exists to warrant a side street setback variance for a new home that could be re-configured to not require variances beyond lot area and lot width. The applicant has not been in touch with staff, nor has staff be able to reach the applicant, to detenniiw whether the side street setback variance remains part of the request or whether the applicant will comply with the Planning Commission recommendation. COUNCIL ACTION REQUESTED Direct staff to draft a resolution approving a lot area and lot width variance but denying the side street aedtack variance for property located at I34S Rest Point Lane. Prior to Council approval of such a resohitkm die qiplicant must submit a revised plan including a grading and drainage plan for City Engineer review and qiproval. it- ? i • -. wmm•-I. 4^ !^i Stijf'.rr Ik iTWVfF VUf . i : " ‘ v;- . ■ */• hk ; - • ; . - It Ut *■ ' V » . ‘ > >rwv.wm > * . CITYOFORONO 2750 Kelley Parkway F.O. Boi 66 Cryetal Bay, MN 55323 (952)249-4600 ZONING FILE: 05-3129 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 19,2005 TO:Ascent Investments, Inc. Douglas Klint 29685 N 77* Place Scottsdale, AZ 85262 COPIES:Blake Bichanich Blake & Associates 332 West Lake Street Orono, MN 55356 TYPE OF APPLICATION: Lot Area/Width, Side Street Setback Variances DATE OF MEETING: July 18.2005 Planafaig Counilssiou rccomincHded as folkms; To approve the lot area and lot width variances and to deny the side street setback vanance. VOTE:FOR 1 AGAINST Applicant ’s next meeting is tentatively scheduled for City Couucil - Monday, August 8,2005 peadlng directiou from the applicant as to whether the side street setback variance will remain part of the applicatiou or whether the proposed home will be revised to meet setbacks; meetlBg starts at 7:00 p.m. If you desire certified co’^iea of the official Planning Commission or Council minutes, th^ are available fiom die City Recorder aftCT review and qiproval by the Planning Conuniasion or Council. If you have questions, please call City Planner J ani ce Gundlach at 952-249-4623. 1 '• \ ■■ ’V 1.V :! j- ____ ib MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, Jnly 18,2005 6:00 o’clock p.m. 10. 005-3129 ASCENT INVESTMENTS, INC, ON BEHALF OF DOUGLAS KLINT, 1345 REST POINT LANE, VARIANCE, 8:08 PJH. -8:13 P.M. Kimberiy Klint, Applicant, was present Gundlach staled the applicant is requesting lot area, lot width, and a front yard setback variance to allow the construction of a new resident Gundlach stated the lot is approximately one-half acre in size in a one acre zone and is 76 feel in width at the 7S-foot setback. The side street setback variance is being requested to permit a front jwd setback of 23 feet when 3S feet is normally required and three feet currently exists. Staff recommends approval of the request for the lot area and lot widin variances, but recommends denial of the side street setback variance. Gundlach noted the existing residence does not meet the required setback but that there is adequate building area within the required setbacks to construct a reasonably sized residence but would require a redesign of the house. Mrs. Klint had nothing to add to Staffs report. There were no public comments regarding this application. Rahn stated in his view there is an adequate building pad and that the lot is more suitable for a longer shaped house. Rahn stated there does not appear to be a hardship inherent with the land. Kempf stated he has seen more difficult building pads than this one and that some consideration should be given to a different design. ^ Fritzler stated he would tike to see the house be compliant with the setback. Kampf moved, Rrdiri seeotidad, te recommend approval rrf a lot width attd lot area variance and denial of a side street setback variance for Application 805-3129, Ascent Investments, Inc^ on bchrdforDonglaa and Kimberly KUat, 1345 Rest Point Une. VOTE: Ayes 6, Nays 1, Bremer Bremer stated she is opposed because of the unique shape of the lot. PAGE 21 WS-3129 July 18,2009 Pag# I of4 Date Applkattea Received: 6-22-05 Date Applicailoa CoasMcrcd at Coaiplete: 7>12^ (O'Day Review Period Eiplres: 9-104)9 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Gundlach, City Planner^ July 14.2005 05-3129, Ascent Investments, Inc. on behalf of Douglas Klint, 1345 Rest Point LanCt Lot Area/Width A Side Street Setback Variances - Public Hearing Zoaiag District: Lot Arm: Lot Width: LR - IB, One Family Lakeshore Residential District (1 arce min.) 0.44 acres (18,994 s.f.) 54’ @ shoreline; 76 ’ @ 75’ setback (140’ required) AppiicadoH Summary: Applicant requests the following variances in order to construct a new residence on an existing lot: 1. Lot area variance to permit construction of a new residence on an existing lot 0.44 acres in area when 1.0 acres is nomudly required. 2. Lot width variance to permit construction of a new residence on an existing lot 54’ in width at the shoreline and 76 ’ in width at the 75’ setback when 140’ is normally required. 3. Side street setback variance to permit a setback of 23’ when 35’ is normally _____required and 3’ currently exists.____________________________________ Mearmmeu^atkm: Staff recommends approval of the lot area and width variances, however denial of the side street setback variance as the lot lends itself to a longer narrower house, and no viable hardship exists to support that variance. Pcrtiacat Zonlni Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shal be observed: IM Ann (ucru)U«WMte(ltet)From Yuid (feet)Side Yerd Adjicent to Another Lot (feet) Rear Yard (feet)SMe Yard Adjaceut to Street (feet) 1 14a 35 10 30 3S r !i (Code 1984, § 10.24(5)) List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Applicant’s Narrative Exhibit D - Existing Survey Exhibit E - Proposed Survey Exhibit F - Hardcover Calculation Woiksheets :: mT «ms-3l29 July IS, 2095 Page 2 of4 Exhibit O - Proposed Elevations Exhibit H - Proposed Floor Plans Exhibit I - City Engineer Conunents Exhibit J - Aerial Photograph Exhibit K - Property Owners List Exhibit L - Plat Map BackgroMMi The owner's architect submitted this iqiplication on behalf of the owner. The owner then met with staff briefly following submittal of the application for variances. The an>licant was informed that staff would not support any variances to the side street lot line of Rest Point Lane, as adequate buildable area exists within the setbacks. The applicant has submitted a narrative to support his requested side street setback variance, attached as Exhibit C. LOT ANALYSIS WORKSHEET Lot Araa/Width LR-IB Lot Area Lot Width Required 43,560 s.f (1.0 acres)140’ Actual 18,994 s.f (0.44 acres)54* @ shoreline; 76 ’ @ 75 ’ setback it I LR-IB Required Existing Proposed Front N/A N/A N/A Rear 30’3.5’ cabin 28 ’ shed 30’ Left Side (Rest Point Lane)35’3’ house 13’ cabin 23 ’ Right Side 10’15’10’ Lakeshore 75 ’5’ boathouse 115’ -boathouse to be removed Average Lakeshore*~71 ’*conforming conforming ^Because there are not two adjacent lakeshore residences due to the right-of-way to the south, the average lakeshore setback is defined by the setback of the one adjacoit lakeshore owner to the north. k-- * I « . ■ i i] iraS-3129 July 1S,200S P»f€3of4 Total Lot Area Total Structural Coverage 18,994 s.f (0.44 acres)Allowed: 2,849 s.f (15%) Proposed: 2,577 s.f (14%) Hardcover Cakulationi Hardcover Zone 0-75 75 - 250 Total Area in Zone 4,908 s.f. 14,086 s.f. Allowed Hardcover 0s.f (0%) 3,522 s.f. (25%) Existing Hardcover 120 s.f* (2.5%) 1,901 s.f* (13.5%) Proposed HaHcovcr Os.f (0%) 3,520 s.f (25%) * After exclusion of fabric or plastic-lined landscape beds Lot Area/WMtli Variances The applicant has purchased an existing lot with an existing home with a lot area of 18,994 s.f. or 0.44 acres and wishes to construct a new residence. The LR - 1B zoning district in Mdiich the property is located requires a 1 acre minimum, requiring a lot area variance. This property also contains 54* of width at the shoreline and 76* of width at the 75* setback when the LR - IB zoning district requires 140’ of width at the shoreline and 75* setback. In order to construct a new residence on this existing lot, lot area and lot width variances must be granted as the lot doesn’t meet the 80% minimums allowing for administrative approval. Side Street Setback Variance The applicant is also requesting a setback variance to the right-of-way known as Rest Point Lane. The Zoning Ordinance requires a 35* setback from side yards adjacent to a street, where the applicant has proposed a 23* setback. The applicant has proposed a house 50* in width angled to maximize views to the lake, which results in the 23* setback and thus the request for a variance. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /a coHtUfrtMg afpUeatkMU for vorkmce, Ike RtoHnbig Commission skett eonsUer Ike tffed of Ike pro p&eei vortemee upon Ike keoHk, ufeiy end welfmre of ike eommunhy, exbilMg end onilclpoied Irojfk eomdUom, llgkl end oir, donger of fire, risk lo Ike public sofety, end Ike effect on values of properly lu Ike surrouudlug area. Tke Houulug Cournhskm skoll consider recommaidiHg approval for vurkmcat fiom die Ideral provbhus ^ tke Zoning Code In Instances wkere tkeir strkt eufbrceaamt wo uld comae undue kardskip becouse 0/ clrcumslonces unique to tke Individual properly under com lderodon, and akod recommmd reproved only wken k Is demonstrated tkat suck oe dou a wIM be In keeping wkk tke spMt and kdent of tke Orono Zoning Code. MS-3129 Jvly 18,2605 P«|t4or4 Staff finds a hardship to allow a house to be rebuilt on the existing lot. The lot is considered a legal lot of record and can therefore, be built on without meeting the one acre minimum requirement if a variance is granted. A house currently exists on the substandard area and width lot and has existed since 1955. The lot was also legally created in accordance with the platting process. The proposal for the new residence meets all Zoning Ordiiuuice requirements, with the exception of the side street setback variance request The buildable area of the lot exceeds 5,000 s.f., which will allow for a home to be ccHistructed without variances other than area and width. The lot is also sewered. Staff would recommend ai^roval of the lot area and lot width variance as the lot is a l^al lot of record, has stood on its own since 1955, and the current applicant is not able to acquire additional land to become conforming without making the adjacent neighbors more non-conforming. However, staff would recommend denial of a 23 ’ setback to Rest Point Lane. Although recognizing that the existing buildings do not meet a 35’ setback, there is no hardship inherent to the land, from staff’s perspective, to grant a variance. There is adequate buildable area to design a home of similar size with a 36 ’ width within the buildable envelope. The lot lends itself to a longer, narrower home as opposed to the applicant’s proposed foo^trint, and many homes are built on the City’s lakeshore at a 30’ width wittin 50* lots. Further, with fewer than 40 lake access corridors on Orono’s 40 miles of Lake Minnetonka shoreline, the City’s long-term future interests are best served by den3ring encroachments that would tend to visually narrow these corridors. Issues for Consideration 1. Is there a hardship to allow a setback variance to Rest Point Lane? 2. Is there adequate buildable area within the required setbacks? 3. Is the desire to maximize views to the lake reason enough to allow a setback variance? 4. Does the amount of undeveloped right-of-way provide a hardship to grant a setback variance, even though adequate buildable area exists within the required setbacks? 5. Are there any other issues or concerns with this application? Staff Rocomniendation Staff recommends approval of the lot area and width variances; however denial of the side street setback variance as the lot lends itself to a longer narrower house, and the City’s goals in maintaining open space, e^)ecially along lake access corridors, would be compromised if the variance was granted. V V t-. -i- ■'* I Hill Unnanroii i iftm — FROM :FAX NO.jun. ^ I • A'w City of Orono Variance Apolication $lr99t AddrBss: 27S0 Kftley Parkway Orono. MN SS3S6 Main: 9S2*240-4600 tax 882-24M616 MtllngAddfu: . P.O. ftox66 Cryatal Bay. MN 5533M066 Appileationi Data Racalvad: UVlIt^ Amount Paid: Jhno Staff: JAtifL^ Faa; S600 Renewal: 8300 Aflaf-the-f^ 81.200 Ooubia Fee TltN appIcaliDn form muat be oompMad in full. Appocant will ba natfflad within 18 days aa to the atatui of the apptieaition. IneompIdilB •pplleiillonB wrill not be placed on Planning. Commlaaion Agendas. e PROPKRTY INFORMATION i O / 7 xv. i>l# A/‘ SnaAddrofs: !%HS ^ OtOM. y/lAi ________ Preoaitu Idanlificalion Numbof (PIN): 7 Ty (Att^ legal daacriplion to application i^tpt included on tbo survey.) Dale Properly Acquired (monttt/year): Sj^np^U Yes. I own the adjacent parcels. Present uao of proper^: U Rfiidontial □ Other___________________________ _ Zonino Dietriet: ^e • ee • APPUC Name ^__ Phene (home) Addreet Email ANT INFORMATION: (ComMlaeainarMyQdnMrildi F«: 4M-3£ for each interostad party)' ■ • /as: OWNER INFORMATION: (Complale legal names s.*.d marital status raouired for each interested party) Name: S^AtL ___________ Phone (home): _____________________ Addreae: Email: __________ ___ _______ Phone (work): Fax: DEtORIPTION OF REQUEST;Estimated Project Cost: DOjcrlbe the reqMst in d^il (attach addltlwa^yete^^ecway)-^________ R I TllU UAlt AHMi .ii ■iiSimvML io.f.Uiifffh ftrf. SifAAtX aAa-eeaT- re OK rfyiiA'^ fa fla'^ lAi-J AeAtut Avpkarf 0 ± metl Ha., -J» WWM/ FTOnT rrvs 1^* r i i □□a□ rnJUHJlcuinnMnltromraCiivPtoimtr. Cumplind Applortow Fpmi SJSlSCSS?^ 15SSS: g SS^Sssr:;5S?:ss^^ 'ftHpiiMKM til kifonnitfon njnuiiid or WQM**^*^ ^ ^-?T!!!!iiSMWM tp Boy oddiaon«l ^ (ili<y tlmo not cowiod in tho ortginrt fit pyroyg ind^ fniontlMo •HfMlMIM Htiilel«r«iofM|iMtl Apploonl^ 9iOM*m: ApploMTo SiBiwIuro: morlt CMi: Dali; OIMLI IT:HSSSsiJWia.'ssi^ sssTiSsr?; Oimir*i Signatuia: OwMf't Slgnoiufa: Ihiefaquoat. Dali: Cf/ii/ ^ Dali: ______ murt h«. il lulw*-! wo *• Ol» ii(lic» »d^ IMinQ. PiaminQ Commliilon Maailngt aia wonnaMy on tha IIW Mwwiay of ayn^ Cauneio P ■" ippfcoo* io unabla to aMand a actiadiriad mM^. plaaia wrangainante to Slaan aattwiteadiaipiaaanWiya atland In piaca of ttw appicant and adviaa lha Clly Plannar aiiipnidioyourpfoiact .■« O 1 O' o •r' I*' ' : 'V.«. City of Orono Pra-Application Meeting Form (Thie form ie ta be completed by a City Pienner during your pre«Bppllcetion meeting.*| StmeracMreu. mamgAMnut ForOrtleeUteOcte 2760 MiHey Perkwey P.O. Bqk66 CityPlenrw. ___ Orono, MN 8S3S0 CryiM Bay. MN 56323-0066 Moating Oata/Tima; PC Date; _____ Main: e62-24M600 Fax: 9S2-24»^16 KVnaltoiBapiifpoaeofaAre-BPPlMattaiifiieetfiv? ^7^ ~ 7^ Pra-appiication meetings aid the appHcant in preparing a complete proposal, inform them of the proeaduree arid requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION; Site Address: I NuiProperty Identifloation Nu^r (PIN): Zoning District LK Slie of Properly Ae«ca DESCRIPTION OP REQUEST;. □ Average Satbadt ft SidevYsio Setback □ Rear Yard Setback □ Hardcover □ Other: □ Lot Coverage P Lot Area □ Front Yard Setback It Lot Width AppilcenTs Initials:m HARDSHIP: AppHcant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. . OTHER INFORMATION: -ZV k iM, listfaece Ha. k& *Plsaae noP* Ymir vsriin"* *[X!r*****" ***** ^ ■ncgniod without a Dre»aDDii^ion meeting during which this forprwp|^P|upi^M9^ . » Jr _________Date:AppHeant Signature: U- O 1ifJL Hr-J vtd i«n:^8 sbk; zz szsnscaer: ‘Qn xud : UDUJ FROM :hMX NU.UVAI •# tewww • 'IP Pige 1 of3 hardship documentation form thitl^l«prpqiiiiidiiihmt«ilfarAUvirtaiKtffllcpllw wi not te uuiuMprart oomplilB or pioood on any mottng aoandas untf Umo Ibnn is cowplitasndnibmim<HothoClly. Iha Planning Conwnisslon and C51ly CounoH a hanMdp having marll must ba dwnonstratad. Sinoa you art laquaMing ttM coda amfgdon. you iMva Iho bunlan of proving that «M vartoMa la luaMlad. Tha informadon tha C4y rsealvos is sdiat is usad in dotarmMng a danial or approval (aoommandation. If you Iom somaihing out it wHI not ba considarad. addraaa aach of thasa hardship erttoria as thay rsiala to tha raquoat (aoma may not apply): 1.Tha praparty In guasHon cannot ba put to a rtaaonaWa uia If usad undar aNowad by Iha official controls.* . ^ A___________ . __# .ai 4p -imif. y rr:y rrr>T?yv^f?. __ aKs^k si Ml Mr Ma fsf af lan hautaV Tha plghl of tha landosmar la dua to dfcumalaneaa urdquo to Ns prapSrty not W^P NPlINrlVIlWI a Tha varlanoa. V grantsd. wM noli ,, igaii.ria’nanci tha aasanlial characlar of tha flK#^ vHk oiKac niiU /k Iu i NliaiM "Eeonomie oonaldaraliona alona shaN not oonsMuta an undua hardship If laaoonabla usa fur tha propaity aaists undar ffw tanna of tha zoning Chaptor.” ------Ml - ^ nt Aiit io ,iX O i O#o>i-/ n FRGH :^HA ru. •Hoojni.ije.j 7. Page 2 of 3 hannony vi^iih this Chapter." _ZliA---------—---------------------------------------- 11. •Tiia Board of Aiy** and Adiuolinania or tha Council may not pormH aa a SSnoSSylJihSte riot pomlittod undar thia Chapter ter proparty in tha zqna teiara tha altected paraon'o land la locoted.' AOjft--------------------------- ------------------------- Tha Board or Cound way pannit aa a varlanea tha temporary ua# of a ona^tetnilx dwaWno aa a tiao-family duiallina.* Tha apadal oonrftiona applying to tha atnjcfura or land In quaation aro popular i4SSf1“ Tha eondWona do not apply gonarallyteothar land or atrucluraa in tha diatrict In iNtech aald land la located.* Arc un/^ut. /S tfh HL •Tha grantino of tha appleation la naoaaaary for tha praaenration and ar\|oymant ofaaubatanllalRropaftyrlohtoft^appMcant.' , ^ ......... "idrrrrtiTT. Tha grantlngof tha propoaad varlanea wilt not in any way impair haalth, aatety, pomion. moraia. or In any othr rMpaet tw contrary to tho Intent of tho Zoning O •-?] o ...Ai m ex OQP I, ikd } ! ? . ; . rvm t>»«l HJ. Page 3 of 3 12 QranUno of auoh vartonco not moraly aotvo aa a ja ntctaa^^ to iHavtata damonttBaWa hardaNyc difficulty. 111^rfTAiTTTJr ^"T |T€4SogulCi ui|W^3i *W /h^fu'f^tn ^|u«A«4a% #PHa« Itartwii Iiv4^ifs J^W4» Should J«j fad Iha hairfaNp cannot MIy ba daacribad In tha above cril^. dewa^tha uniauahaid^. practical dWIoully or unuauai proparty condKiona pravanting compilanca wMi zoning Oidinanoa raqdramanta In tfw fONowIng linaa (attach additional ahaats if ffuss^- -c- \ • •• 1 ^ ' SL" 'ii. "'V ... ' "r m ■ ■ . « 1 n«n vj-NKE=Fr TH« 12 JU1 Z909 u:0f:4l AM MST Pagt 2 Qf 3 Douglas E. KKnt 29685 North T?"* Place Scottsdale, Arizona 85262 (480)361-1525 •a" jfuly 12.2005 The City orOiono Planning Conunission and City Coumtel Orono, Minnesota Subject: Variance Applicutiun Tor 1345 Rest Point l.ane Dear Sir/Miulam, ^ I recently submitted a votionce application for property located at 1345 Rest Point t^ine for the puiposc ol tearing down the existing home and building a new house on the properly. Although the properly consists of a double lot and is approximotcly 4.4 acres, it is a narrow pic shuped lot and a variance is needed from the lot otca and lot width xoning rcquircmcnis to build o new hou.se. I plan to move buck to Orono from Arizona to live in this house. My children previously attended Orono schools ond we love the conununity. Origiiuilly, I was going to remodel the existing house, but building u new house >vould be in the host intmests of my fumily und the neigliboriiuod. In order for me to jiwlify building a new house, the house needs to be of a conventional width and design. I do not want to build, and it is not in the best interests of die neighborhood, to build a long, narrow, gooly looking Itousu on this property. Witli the existing 35 foot setback requirement from Rest Point Ijmc, I could only build a liousc ol the size we need (which meets the struciure coverage requirement) which is approximately 30 feet wide. The current Itousu is approximately 46 fuel wide. The hoase I would like to build is approximately 50 feet wide. The Hardibln Ibe hardship titat is unique to this property is it’s narrow width and pie shape and the location and direction of the lot line adjacent to Rest Point I^mc. ‘Ilils lot line is only approximately 5 feet from the asphalt roadway where Rest Point I ame uiins into a fire lane near the lake, and approximately 1 5 feel near the rear of the property. As a result, the 35 foot .setback as measured Inim this lot line, coupled witli titc pie shape and narrowness of the property, constitutes a hardship unique to this properly. The Uest Interests of tbt Orono Cummiinitv Ihc Planing CommissioA and the City Counsel have considerable discretion in determining whether u hardship exists. ’Ibc whole purpose of having the Planning Commission and the City Couiusel review a p J Fran Ot-NWL-HT TUt 12 9h1 200S 11:01:43 m MST Pi0« 3 of 3 ^uncc aiiplication in lo allow the common Hense and fidmcrn of elected ofScialH to ptcvuil and allow Ihair judgment to determine what is in the best intercsta of Hus Orono Ct»mmunity. A» you make this dctennination, please take into eunalderalion the followincTucls: • Ihe Orono community and the neighbnrhood would benelit fioin having a new house ol* conventional width and design on this property. A new house of conventional width and design would increase the lax base for this pniperty and add lo the value of neigliboring homc.s. • I undershind the jusUneulion for a .1.5 fool selhack from a publie road, but Rest Point Lane is a dead end alreet serving us access U> only 2 properties at the end of this road. Ilie lire lane is unusable due to a willow tree blueking access to the lake. I would like to propo.se that iny new building mocttlic 35 foot sclbuck from the dcluul uspimll roudwAy. The spirit und intent of the sctl^ if maintained. I will change my access lo this property from Rest Pont Lane lo the alley behind this property and restore the area along Rest Point Lone to its natural condition and plant a row of evergreen trees along the roadway lo further screen the house IVom the roadway. The public and the nsi.i^hhyrs ail benefit and the 35 foot setback is adhered to from ihc roadway which is more than adequate under these circumstances. • The proposed new house meets the structure coverage requirement and hardcover requirements. Ii also a being moved further away from Rest Point Ijuic than the existing house. It is also being moved further from Ihe lake Ilian the existing house. I om also reducing the ovunill hordeover that cunenUy exists on this properly and om removing a boat house that is only a few fcet from the lake. If the City grants my varianco request so I can build a house of conventional width and design on lliu property, the now hou.se will have much less impact on the lake and the publie than the current house. In conelusion, my sincere request is that the Planning Commission und City Counsel takes all these factors in consideration ai^ And that a hordship exists due to the propeny’s narrow width, pie shape and titc locauon and dire^n of the lot line adjacent to Rest Point Lane; and reaches a conclusion that a new h^ of conventional width and design ttuil reduces existing hardcover, that is moved further from the c *"‘^**'' ^ “*** ^ ‘he Rest Point I Jincroa^y, that removes access to the property from Rest Point Lane, that restores the nuinral beauty of die Mod achaecni to Rest Point I^anc, ond that increases the lax base and neighboring property values is in the bcsi ifilcfcstsi of Ihc ()mno communiiy. llianlc you very much for your considcruiion. Veif toillf yours. V. ^ i.' : K :fe« i ^'- >r.^: ■ ,> Iu .m !! I- •. ,:-'«'i I vn fe::''. 1^ |2 \f*l?-i ■Is* % f--- i 5 \ T. ]f \ \ \ vi^ SDillJ■ V"'-V \ \ \ \ \ \ \ ' \ \ \ \ \ " aiMr40.E \ K V ^ s \ \ '44$C-'r:? /^ I------ SETBACK ZONE: (GMCLEONE) iHARDCtmiNZONE CALCULATION WORKSHEET soe-ioor ->.< II A. Houm 5HED X X B. Gmgt C. DrKwwfa y X X X X X X F.X X X 0. RxliWno WWto 1-20 xioo m as S.F. I^Q S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SJF. S.F. S.F. &F. S.F. S.F. O 8.F. A - . ^SJF. B *100 • A VERCAL ••TV WORKSHEET SOO-IMO* II ./\m JIUQIC A. Hauw ■"^WfcO - X X a Gangs C. Drtvaiaay X X ! ' X X r '■ X X Bi:F. UndK^w By X X X a RtlWring MOliv CAftity TOTAL HMOCOVER M ZONE TOTAl. PROPER1Y AREA M ZONE A ____________♦ B RM20NE A. HOUW X X a C. OrtwMMqr X X VfcRAA/OS X X a PMoAMt . 6WP5. X X F. UndMip*X X X Q. RxtNnInQ aOMr TOTAL HMVXXWER M ZONE TOTAL PROFSTTY MEA W ZONE A „5S2j 2_ 1033.S.F. XlOO fS m m ♦ B \A,0&£a xioo \ gg 3 j ^a S.F. S.F. S.F. sa S.F. S.F. S.F. S.F. S.F. S.F. S.F. SJr. 131 S.F. 5Q3__&F. 32L7WM S.F. A S.F. B 1^7.5____% APf^PfiZ/Al/^ 1^56 S.F. S.F. sa ^o~7 I aF. 30^S.F. S.F. 44 S.F. S.F. IS S.F. S.F.a S.F. aF. aF. 3 aF. sa -3^£Q aF. A c 'dil iTinilrti i - r I*: *mmmmmm jl -r,.. >• .' •'' Z'- -vy" -■,■ ••y /^ / ' '^' '"' yyj^n ^ I..KiSTSsa •. -r :'/■ ■ •'■.V.'V.. . r » : • ■ ' ■ ■ ■ •;. : .. • '•■■ ,• ^ •T f-,. f- r . ■. '• iiltfiiti i f i.;.... 1 t iM lir iJsi '■! ' ••■ :• f ,.y. - ■•^•' . • .•v.'. . m n • (MBBSNtOOM —• • ___P • ©LOWEg LEVEL PLAj< SCALE: r-ar IHBCAVAXW c\ DTJW \d Q •nJ %iui cuua eui suncd I ifuu Ruacne miaaRL.4R oaADaoAaii I Bofiestfoo ftotcne AndertUc& Assodaces ■ngIrMws A Archittctt July 12.2005 2335 WIest Highway 36 • St. Paul, MN 5Sn3 Office: 6SI-636-4600 • Fax: 65l-636-l3n wwwi)on«ftroo.com Ml. Janice Ghmdlach Plannar CityofOrono Poet Office Box 65 CiyMal Bay. MN 55323 1345 Real Point Lane Pile No. 000139-050004) Plat No. 05-3129 Dear Janice: t*. A • .• •. . . '• . :• • * • • • • •- •• We have reviewed the survey dated 7-124)5 fer the propoaed improven^ to 1345 Rert Point Lme. The site improvementa include die copstnicticmofa new home and associated grading. We have the following comments with reguds to engineering «**■«*—• • The praposed swale shown north ofthe home is shown at a 15H grade and will have aaboul . _______________ hi|^ potential for erosion. The swale should be immediately vegetated, with sod «»*■* is adequately staked to protect against erosion while the root ays em gets established. • A wall is shown near the west oonm of the home. It appears he grading around this wall mqr direct runoff onto die neighboring property. The grading mm should be revised so that swale contai ns all storm water on the subject property. Tsis revision mav reouire the removal of the proposed wall • The plans should be revised to include qqmpriate erosion anc If you have any questions please call me at (651) 604-4863. ■Yours very truly. BONBSTROO. ROSBNE. ANDBRUK & ASSOCIATES. INC. Cc: Qreg Oiqipa, City of Or sc. Paul. St. Cloud, aochecter, MN • Mllwaukaa. Wf • . V.C.- ..A- • •* • Xi'.Nu*. V i • revision may require the sedimern control measures. t.. • c Chicago. IL r j 'Mrv. ^ S*- *• . ► ’. »' f.i'-ss '•^' ‘S' ,; rs- 1 ‘VC m i m:4 Si i;mmPv« ^ ';-S ^•r y-./V,-: ' * ■ < ..i^ %>^>7 2^ L WM••i ' 5- > [W *?.'• k h /-4fe i ./1 \ y ; >..^' * 1^ -i ^ «. vd r 4* V-.^• . 'A 4 t-» V '^i :t:-:- y m. ■ ry.y> ■ > ‘':^'U'HP }T* ■ Sii ■: >:' ■*■ ' ■'■■ -;‘i >■■a • • lull DATE: Ml/iaOS 3t 0711723330002 ntOrADOR 1340 USTPOBITLA OWNERNAMB JHHOUTMAN*KJHOUTMAN TAXPAYER JH HOUTMAN RKJ HOUTMAN NAME^ADDR 1340 REST POWT LA MOUND MN SS364 31 07117233: PROPAOOR I31S RBSTPOWTLA OWNERNAMB KJOROVBRRSKOROVBR TAXPAYER KEVMJOROVERAND NAMBMOOR SUSAN KOROVBR 1313 REST POINT LA MINNETRISTAMN 33364 31 0711723320036 PROPAOOR 4613 NORTH SHORE DR OWNER NAME RON J CHRISTENSEN BTAL TAXPAYER RONRSARAHCHROTENSEN NAMB^AODR 4M3 NORTH SHORE OR MOUNDMN 33364 3t 0711723320061 PROPAOOR 1371 RESTPOINTLA OWNERNAMB KENNETHWRRENEEOBQOBRT TAXPAYER KENNETH W A RENEE OBOOERT NAMWAOOR 1371 RESTPOINTLA MOUNDMN 33364 i'i. : ' ■ • ■ *. 4. HENNEPIN CXIUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07II72332003S PROPAOOR 1373 RESTPOfNTRO OWNERNAMB J H HOUTMAN A KI HOUTMAN TAXPAYER JAMES H HOUTMAN NAME/AOOR l340RESTPOiNrLA ORONOMN 33364 38 0711723320039 PROPAOOR 1330 RESTPOINTRO OWNERNAMB LASCRABILL TAXPAYER LARRY A SHARON GRABILL NAME/AOOR 1330 REST POINT RO MOUNDMN SS364 38 0711723320033 PROPAOOR 1323 RESTPOINTLA OWNERNAMB NCBLOMS AOLBLOMS TAXPAYER GERALD A NANCY BLOMS NAME/ADDR 4193 FOREST LAKE DR MOUNDMN SS364 38 0711723320034 PROPAOOR 1343 RESTPOINTLA OWNERNAMB ASCENT INVESTMENT INC TAXPAYER ASCENT INVESTMENT INC NAME/ADDR 29683 N77TH PL SCOTTSDALE AZ 83262 38 0711723320038 PROPAOOR 4703 NMTH SHORE DR OWNERNAME AHATKRASCHER TAXPAYER ANDREW HA TRACY KRASCHER NAME/AOOR 4703 NORTH SHORE DR MOUNDMN 33364 38 0711723320039 PROPAOOR 4693 NORTH SHORE OR OWNERNAME STEPHEN C A JOANNE A WARD TAXPAYER STEPHEN C WARD NAME/AOOR 4693 NORTH SHORE DR MOUNDMN 33364 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION IVIFFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEWIEPIN COUNTY TAXPAYER SERVK (M> MY KNOWLEDGE AND BELIEF. DA1 k PAGE: I rER SERVICE DEPARTMENTS T^ BES^ 'J ITe6/^Y<3 5bY ( ; ;.S' fe#:, ■:Hennepin County ,V ■■* il T^payer Services Department .' - ^ '*■ :/ . ' . *■ *■' -* ^ •% -.V . ■■ ID07117233I lidiiiM NumbM'1348 Nam# MST POINT LA X. Thf$i$nolal$gtfynoontmlmtfi.tti9pf9$tnl$aeompilMonofMtormalion r ' and data tfomCHy, County, and Stala road authoriUaa and odmaouicaa. * w 'f Date Applkatioo Received: 06-22-05 Date Application Considered as Complete: 07-11-05 60-Day Review Period Espircs: 09-11-05 COUNCtl MEETING AUG 222006 OTYOFORONO REQUEST FOR COUNCIL ACTION Date: August 18,200S Item No. ^ Department Approval:Adminbtrator Approval:Agenda Section: Name: Melanie Curtis Title: City Planner Item Description: #05-3134 - Dave Park of Durabilt on behalf of Richard & Patricia Crosby - 2705 Walters Port Lane Variances - Resolution Zoning District: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential, l-acrc/140* 0.57 acre (25,129 s.f.) 106’ List of Exhibits: Exhibit A • Resolution per Planning Commission recommendation Exhibit B - PC Action Notices dated 07-20-05 & 08-16-05 Exhibit C - PC Memo A Exhibits of08-02-05 Application Summary: The applicants are requesting hardcover variances within the 0-75’ and 75’-250’ zones in order to construct an attached garage addition to the existing home. In July the applicants initially requested variances for the 0-75’ zone to allow 343 s.f. of hardcover where 343 s.f. exist and 0 s.f is normally allowed and for the 75’-250’ zone 9,154 s.f or 53% hardcover (9,350 s.f or 54.5% when including the nonconforming 0-75’ hardcover) where 9,007 s.f or 52.5% exists and 25% is normally allowed in order to construct the attached garage. The Planning Commission recommended the applicants revise the request to reflect a reduction in hardcover and removal of one of the curb cuts of the horseshoe drive. As a result, the applicants arc now requesting a hardcover variance within the 75’ - 250’ zone for 7,885 s.f or 45.9% (47.9% when including the 0-75’ hardcover). This is a reduction of 1,554 s.f from the previous plan. The revised plan includes a 340 s.f garage addition, slightly larger than the original proposal of272 s.f. Planning Commission Recommendation On August 15, 2005, Planning Commission voted 7-0 to recommend approval of the hardcover variances also stipulating the removal of 142 s.f of timber borders within the 0-75’ zone. Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. 7 i i A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 VILE NO. 05-3134 WHEREAS, Richard F. Crosby and Patricia L. Crosby, husband and wife (hereinafter “the ^plicants") are the owners of the property located at 2705 Walters Port Lane within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 2, Block 3, Walters Port, Hennepin County, Minnesota (hereinafter the “property”): and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow a hardcover variance within the 0 -75’ zone for 201 s.f. or 2.5% hardcover where 0% is normally allowed and 343 s.f. or 4.2% currently exists and a variance for the 75* -250’ zone for 7,885 s.f. or 45.9% hardcover where 25% is normally allowed and 9,007 s.f. or 52.5% currently exists in order to construct a 340 s.f. attached garage addition. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File 05-3134. 2. The property is located in the LR-IB One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140 ’. 3. I The Plaiming Commission reviewed this application at a public hearing held on July 18 and August 15, 2005 and recommended approval of hardcover variances based on the following findings: a. The applicants’ property is 0.52 acre in area and 113 ’ in width. . i. Page 1 of5 *! b. There is no additional land available for acquisition by the applicants to make the property conforming. c. The proposal will not have a negative impact on light, air or open qMce within the neighborhood. d. The proposed additions are not out of character for the immediate neighborhood. e. The proposal can reasonably result in a net reduction of overall hardcover of 1,264 s.f.. Applicants have submitted a revised proposal that meets the hardcover limits recommended by the Planning Commission such that there will be a net decrease in 0 - 250’ total site hardcover. The project will result in a net reduction in total site hardcover of 1,264 s.f. for a total of 8,086 s.f.. 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 conununity. 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 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 a variance to Orono Municipal Zoning Code Section 78-1288 (A) & (D) to allow a hardcover variance within the 0 -75’ zone for 201 s.f or 2.5% hardcover where 0% is normally allowed and 343 s.f. or 4.2% currently exists and a variance for the 75 *-250’ zone for 7,885 s.f. or 45.9% hardcover where 25% is normally allowed and 9,007 s.f. or Page 2 of 5 6. T : V n. L. B 52.5% currently exists in order to construct a 340 s.f. attached garage addition., subject to the following conditions: 1. Council approval is based on the site plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits A & 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 201 s.f. or 2.5%. Hardcover in the 75-250’ zone shall be limited to 7,885 s.f. or 45.9% per the proposed plans and hardcover allowance summary as depicted on Exhibits A & 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 as noted on the site plans attached as Exhibits A & B shall be completed by the footing inspection for the proposed garage. 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 (August 22,2006). 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. Page 3 of 5 . • ,• ■ ■' .* • ■■ Adopted by the Orono City Council on the 22 ”^ day of August, 2005. ATTEST; Lit' a Linda S.Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(8) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 200S by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was.executed on behalf of the City. luta ■ , ■if.-.-':- Notary Public ■v. ,y, ,;T. ■ fv ■: py Page 4 ofS ■nniTifl 1 I i‘i 7 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of .. 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Richard F. Crosby, husband of Patricia L. Crosby. .2005 V ■- . tiJt Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Patricia L. Crosby, wife of Richard F. Crosby. ^2005 Notary Public Page 5 of5 ■ werri' •• - .vr ’^4 •■•',■/^-.f- * y=va • - - .V^f 4 mt::- . ■' • • • •* .•■•• .".h mm■rx7m • I ■ ,.'M '.Ti'. • •• Av> • V ••! , H > • f j .A. J; * LjJ < <o EXISTING HARBCOVER CALCULATIONS (PER CTm •'TTUMIMMOJI W Of LAniMlINmNM ViJQ • ^ MOIM AUA KUfQn.OffOUMmtOMtQUVLDt^ CjK FT.OPDtfVflWATAAIA a^r>Q IT OPIOIWAlKAUA ^SoQ^O'MCKitfWATVgAAIA & JL*Q ^ 'ATIOMIA FJMiO. PT. OP UNDtCAfI AAAA * TOTOTAi.MU>W1 WjU « ^*1^« AM^PV«p 5^n*y* EXISTING HARDCOVER CALCULATIONS (PER Crm n>2» XOMi f«OM QMW or LMd MINNnOMU A. FT. OP MOUnAAAA * PP OP POOOlfflOMOi (lUIIJlINO) AAIA Irtiyt ^ mmUA . PT. OMIMWAIK AMA • PT. OP mCK AUA (M PUIOt) a]n,IQ PP OP MUCX MT10 AUA P03SiQ . PT. OP UNnCAPI AIAA • (M9T ADOS) TO TOTAL HLOW) 7S-9P ZONl PIOM OJLW OP LAKE MJNMTONKA AI4U2^ PP OPHOUHAAAA AJgpQ. PT. OP NiW ATT OAAAOIAUA t »T|Q FT. OP PO«CH/rTO«A<a (lUU^^ Tip PT.OPWUVIWATAIIA PT OPSOIV'ALKAAIA ajNSn.PT OPDBOCAAAA(2NDPtOOt) PT.OPMJOCPATIOAMA P>CB.iQ.PPOPLANINCAPIAMA- (NOT ADMD TO TOTAL laoW) tW? 21P% (4Ji7yi IQ ppMAaPlUlPACl AMA ALLOW) n5-wo' %4/U •Kfil* t CITY OP ORONO 2750 Kdky Paricwey POB0X66 Cryitol Bay, MN SS323 952^9.4600 ZONING FILE 05-3134 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2005 TO: Dave Park COPIES: Richard & Patricia Crosby Durabilt 2705 Walters Port Ln 6318 Cambridge St Excelsior, MN 55331 St. Uuis Park, MN 55416 TYPE OF REQUEST: Variance DATE OF MEETING: July 18,2005 Planniug Couiuiiuion reconnendcd as follows: Table the iqiplication. The applicants were directed to revise the plans to show additional hardcover removals, the Planning Commission suggested removing the 2”** driveway curb cut and the entire additional half of the **horseshoe” drive. VOTE: 7 FOR 0 AGAINST • Please note: revised plans should be submitted to the City by August 3^for review and consideration at the August 15^ Planning Commission meeting. Applicant’s next scheduled meeting *s confirmed as: Plauning Couiniission - August 15,2005 • Meeting starts at 6:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. mm i 1 J ir CITY or ORONO 2750 Kclky Parfcwey POB0X66 Cryital Bay, MN 55323 952.249.4600 ZONING FILE 05-3134 NOTICE OP PLANNING COMMISSION ACTION DATE OF NOTICE: August 16,2005 TO: Dave Park COnES: Richard & Patricia Crosby h Durabilt 2705 Waiters Port Ln 1 6318 Cambridge St Excelsior, MN 55331 1 St. Louis Park, MN 55416 TYPE OF REQUEST: Variance DATE OF MEETING: August 15,2005 Plaunlug CommitsioB rccommeudcd as follows: Approval of the revised plan for a hardcover variance within the 75’-250' zone for 7,885 s.f or 45.9H hardcover where 25% is normally allowed and 9,154 s.f. or 53% currently exists in order to construct a 340 s.f. garage addition. Additionally, the applicants were directed to remove all of the timber wall landscaping (142 s.f.) within the 0-75* zone. VOTE:7 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City CouBcll - August 22,2005 - Meertug starts at 7;00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. . W .r-v’- ■ V ■■ • •- ;. r- • ■ ■■ A • ■ ■■M ■4K. ^ ;.v f^^-Vr I i; J FILE# 05-3134 2 August 2005 Page 1 of 3 Date Applkalkm Received: 06-22-05 Date AppUcatkm CoatMcrcd at Complete: 07-11-05 60-Day Review Period Eipirct: 09-11-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis, City Planner ^ August 2,2005 Subject:OS-31 34, Dave Park of Durabilt on behalf of Richard & Patricia Crosby, 2705 Walters Port Lane • Hardcover Variance • Public Hearing Zoniug DIstrkt: Lot Area: Lot Width: LR-IB, One Family Lakeshore Residential, l-acre/140* 0.57 acre (25,129 s.f.) 106* Summary: The i^licants are now requesting a hardcover variance within the 75* - 250* zone for 7,885 s.f. or 45.9% (47.9% when including the 0-75 ’ hardcover). This is a reduction of 1,554 s.f from the previous plan. The revised plan includes a 340 s.f garage addition, slightly larger than the original proposal of 272 s.f._____________ RecommeudatUm: Planning Staff recommends approval of the hardcover variance to allow the construction of a garage addition to the home consistent with hardcover removals resulting in levels the Planning Co.nmission deems appropriate.____________ Lilt of Exhibits A. Revised Plans & Hardcover Calculations B. Revised Oarage Elevations C. Staff Report of 07-12-05 Background Based on the direction of the Planning Conunission at the July meeting, the applicants have revised their proposal. They have submitted a revised request for a hardcover variance within the 75* - 250* zone for 7,885 s.f or 45.9% (47.9% when including the 0- 75* hardcover). This is a reduction of 1,554 s.f from the previous plan. The applicants are also proposing to slightly increase the size of the proposed garage addition from 272 s.f to 340 s.f or 17’ x 20*. 1 aklA'jl A r • FILE #05-3134 2 August 2005 Page 2 of 3 LOT ANALYSIS WORSHfcET Lot Area/Width; LR-IB Lot Area Lot Width Required 43.560 s.f. (1.0 acre)140 ’ Actuai 25,129 s.f. (0.57 acre);06’ Sotbocki; LR-IB Rear North Side South Side Lakeshore Average Lakeshore Required 30 ’ 10 ’ 10 ’ 75’ Existing 108.8 ’ 10.5 ’ 11 ’ (house) 89.5’ or noor deck) Proposed 93’ (additioi^ 10.5 ’ No change No change The existing home as well as the proposed attached garage are both located behind the average lakeshore setback line.____________ StmetumI Coverage;i Total Lot Area Total Structural Coverage 25,129 s.f. (0.57 acre)Allowed; 3,769 s.f. (15%) Revised Proposed: 3,246 s.f. (12.9%) Hardcover Colculatfona; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Previously Proposed Hardcover Revised Request Total Hardcoyer** 0-75 7,978 s.f.Os.f (0%) 343 s.f.* (4.2%) 343 s.f. (4.2%) 343 s.f. (4.2%) Existing 9,3S0s.f. (54.5%) 75 - 250 17,151 s.f.4,287 s.f. (25%) 9,007 s.f.*' (52.5%) 9,154 s.f.' (53%) 7,885 s.r. (45.9%) Proposed 8.228 s.f. (47.9%) ** After addition of non-conforming 0-75 ’ zone hardcover to the 75’-250 ’ zone. 'These numbers are different than in the previous report because the surveyor made a calculation error originally regarding the brick patio by including the deck above ultimately counting the hardcover twice. • i-.. FILE i 05-3134 2 August 2005 Psgo 3 of 3 Hardcover VarioBcc The applicants have revised their request by removing 1,632 s.f. of driveway, essentially an entire half of the horseshoe driveway. With this revision the applicants are proposing to construct a 340 s.f. garage, a change from the originai request for a 272 s.f. garage addition. The existing landscape areas on the property that may or may not be lined with landscape weed barrier material should be verifi^ and all weed barrier plastic or fabric should be removed as part of this review process. Staff finds that the proposed hardcover removals are substantial and result in a significant hardcover reduction from the existing conditions. The Planning Commission should discuss udiether or not the hardcover removals proposed are sufficient. If additional removals are required, the lake side brick patio, and retaining and timber walls are possible candidates. Issues for Consideration 1. Does the Planning Commission feel that the hardcover amount proposed by the applicant meets the goals of the PC’s direction at the July meeting? If not, what additional direction would the Planning Commission give the applicants? 2. Does the Planning Commission feel that the increase of the size of the proposed garage is an issue? 3. Are there any other issues or concerns with this application? Staff Rcconimcndation Plaiming Staff recommends qiproval of a garage addition to the home consistent with hardcover removals resulting in levels the Planning Conunission deems appropriate. • • ' V : a* * **f;m Ld < < CJ J EXISTING HiteBOOVER CALCULATIONS IPER CnV| ••rsr ZOM PIOM OM.W. OP un MOMfrONKA A. ■ iq ajplQ. n. OP rOAOMTOftAOl CITiQ. pr. OP OftIVIWAT AMA ftjZiQPT.OPHWAiKAaiA Q OP BICK (IT WATm) AAIA PT. OP nicx PATIO AUA pjmo PT OPUMDKAflAUA* AOO« TO TOTAL MLOW) -----------------------WAli ' EXISTING HARDCOVER i CALOJT ATIONS (PER CnY> •il PROPOSED HARDCOVER '^CALCULATIONS fPER Cim LjlkSABBlSfiZ£9iillftAU^K__ n-ar zam nwM OM w. 0* liua MitMTOMKA AOdUQ. n. OP wxai A«iA OZFlO. PT. OP HOBWAIK AAA4 . PT. OP DBOC AUA (MD PlOOt) PT. OP MUCX PATIO AUA ptopundbcapbabia - r AMD TO TOTAL HLOW) IS-T9P ZONIPIOM OJiW OP LAMI Mlf#lfTONKA PROPOSED HARDCOV^ CALCULATIONS (PER Crm AJ42>Q• PV* OPHOUn ARIA ■^JSLiQ PT.OP MPW ATT CARACf ARIA sq. PT. OP Poaoi/STOAACE (RUILOINCl ARIA niQ. FT. OP ORIVIWAT ARIA Iq. FT. OP nOfWAU ARIA FT OPOfCKARIAONDPLOOt) llQ ■ FT. OP mCX PATIO ARIA ISQPTOPLAMOICAPfARM- .NOT AOOiD TO TOTAL KLOW) TlP%(4JR77TiqPT) HARD lURPAd ARIA ALL0WB) «4niq FT DUSTlMCDRiVlWATARIAi^gffgsgaaaamiw,AYARIA tURMa SUSETNO: C2 jp 4 gggn ’■'■ *'/M *-:‘'^ {^ '■:'ri ■■'i:-' 'V ■/ '* V V. f‘ ■■..' .. ■■ :s-> ■’ •>: »’ •.: : V ^■*'■ V*--’-X: 'X - ■ r rxhf^ - ■'.;#»■.••.■•*? ’■■' --‘i ?5IBB■ - ■ i. ; ■::■■;'---V--‘?^l ,:V ‘-: . r ' % P4'■‘■•V;;.,- ■ •■ ' '* ij ' • ,' ■ >■ • :-v '.■■• ■ *V •-:V r- . •V:''-' - -^vvV.y , ■■•■■. • . ■ ■ r: /. '••■V: ••:■ ^ 4- -'V, v> .-. ■ ^-. . ... T-; m .r'■mm: J. >: :■> i '.• > :■ ' .1 ' ,'; ■:■'.■■ V- ::v-. •-■•;v^ ■ ■.;*■'■■ 4 ' ■'■'"^ '■* 4 ' • ' . :•■ ^ ■ ■■- " k - •‘:-v - '.;’-^ :V; 'V-^v ;V .V-. \^ •■ ,1 ■ -•’ • •-•• ■ ■ ... i fr -\ ■ „’. /• 1 oiaia III III o l■lll■l|l■l l■lll■lll■l oo OQIO lO l■lll■lll■lll■lll■ l■lll■lll■lll■lll■ n SIDE ELEVATION 1/4* • r-0* CCb. r- V.;.; .-• > V:;.7.:r= L ,,., ..• ••* •’ ’. !. •■• »%•• * * .-^ * .•• •.-•V* * •A FRONT ELEVATIONw*r-o* !ei3 -----2 2 illSim ! lEii I nit till 9u,g it H b< nUEETNOe A2 SLjjm ■I I jiS X Hi. ' ^ ^ tf , ,' •■> p ■ V SJi Mtk iL^>. ONicoimsior cxnicilete ILOnCAAOUND PflUMfTEftOP COKOiBTBSUI mJCCO ItOING li CmAR HUM TO MATCH HOUtt DOUILllxIODOOR AND WINDOW HEADCH 2«4fTUnWAUJWITH 42* nUMT FOOTING OVf*HANO(TYF) NOTE GARAGE SLAB SHALL BE 4* THICK (ANCHOR BOLTS 6 ‘ O.C AND WITHIN ir OF THE END OF AST BOTTOM PLATE CONTRACTION JOINTS TO BE SAWCtT IN WET SLAE EXISTING HOUSE WALLS 2 . i =i m ■ ^»3 D 02?w 2 ^ •g3s?" < 2 J «= gs§s|i I? 8 3 sm r *fcu ^ i 5og ^ «e S g.. ia £ £: c M .’‘<=3o iz 2 ^Ui K ^ *?sts S 5 o SHEET NO AI OF J SHEETS lETrrtamfttfclmTi I iiiirthriwiffit FILE# 05-3134 12 July 2005 Page 1 o(3 Date Applkatioa Received: 06-22-05 Date Applkatioa CoasMerad as Complete: 07-11-05 60-Day Review Period Bipires: 09-1 1-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Melanie Curtis, City Planner July 12.2005 Subject:05-3134, Dave Park of Durabilt on behalf of Richard & Patricia Crosby, 2705 Walters Port Lane Hardcover Variance Public Hearing Zoning District: Lot Area: Lot Width: LR-1B» One Family Lakeshore Residential, l-acre/140* 0.57 acre (25,129 s.f.) 106’ Applicotion Summary: The q>plicants are requesting hardcover variances in order to construct a 272 s.f. attached garage addition to the existing home.______________ Stqff Recommemtatiou: Planning Staff recommend;? approval of the hardcover variance to allow the construction of a 272 s.f. garage addition to the home consistent with hardcover removals resulting in levels the Planning Commission deems appropriate. Additionally, consistent with past practice, the landscape areas on the property that may or may not be lined with landscape weed barrier material should be verified and all weed barriers should be removed as part of this application.__________________________ Pertinent Zoning Ordinance Sections Sec. 78-12W. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits A. Application B. Ha^ship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Property Owners List G. Plat Map — — FILE# 05-3134 12 July 2005 Page 2 of 3 Background The ^plicants have proposed to construct a 272 s.f. attached garage on the existing home. The property has non-conforming hardcover within 75 ’ of the OHWL and within the 75 ’ - 250 ’ zone; therefore, hardcover variances are required. LOT ANALYSIS WORSHEET Lot Arca/Width; LR-IB Lot Area Lot Width Required 43.560s.f. (I.Oacre)140’ Actual 25.129 s.f. (0.57 acre)106’ Sethacka; LR-IB Required Existing Proposed Rear 30’108.8’93’ (addition) North Side 10’10.5’10.5’ South Side 10’11 ’ (house)No change Lakeshore 75 ’89.5’ (2" floor deck)No change Average Lakeshore The existing home as well as the proposed attached garage are both located behind the average lakeshore setback line. Structural Coverage; Hardcover CakulaHons! Total Lot Area Total Structural Coverage 25,129 s.f. (0.57 acre)Allowed: 3,769 s.f. (15%) Proix>sed: 3,178 s.f. (12.6%) Hardcover Zoac Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Total Hardcover** 0-75 7,978 s.f Os.f (0%) 343 s.f * (4.2%) 343 s.f (4.2%) Existing 9,635 s./. (56%) 75-250 4 17.151 s.f 4,287 s.f (25%) 9,292 s.f * (54%) 9,439 s.f (55%) Proposed 9,782 s.f. (57%) * After excl usion of fabric or plastic-lined landscape beds •• After addition of non-conforming 0-75 ’ zone hardcover to the 75 ’-250* zone. r% A on oo • • • ••••••• •* * * * * * * Hardcover Variance The applicants ’ property has excess hardcover within both of its setback zones from the OWHL. After the addition of the nonconforming 0-75 ’ hardcover the 75 ’-250 ’ zone contains 56% hardcover where 25% is normally allowed. A good portion of the hardcover within the 75 ’-250 ’ zone is the home and horseshoe driveway. The applicants FILE *05-3134 12 July 2005 Page 3 0(3 have Stated that due to the narrowness of Walters Port Lane a large driveway is necessary in order to accommodate their parking needs. The applicants are proposing to construct a 272 s.f. garage on their home. The side-load garage will also necessitate the addition of 172 s.f. of bituminous to access from the side. To offset the addition, the applicants have proposed to reduce the existing driveway by 297 s.f., however the project will still result in a total 75’-250’ hardcover level of 57% where 25% is normally allowed. The existing landscape areas on the property that may or may not be lined with landscape weed barrier material should be verified and all weed barrier plastic or fabric should be removed as part of this review process. Hardship Slatcmcnt Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analyiis In emuUertmt •^iaOtom for vortonct, the Ptanntng CommtsMton shatt comtder the effect of the ptopoui vortonce npon the keottk, tefety oiut wetfere of the community, existing end anticipated traffic condMons, HgHt and air, danger flre, risk to the public safely, and the effect on values of property In tke surrounding area. The Planning Commission shall consider recommending approval for variances from tke literal provisions of rite Zoning Code In Instances where their strict enforcement would rause undue hardsh^ because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that although there may be a need for a slightly larger driveway to accommodate occasional guesi parking, the applicants* driveway and excessively large brick patio on the lakeside of the home are areas for potential hardcover reductions. The garage addition and bituminous apron are proposed to be constructed over an existing landscape area and will add 444 s.f. of hardcover to the site. The 297 s.f. of hardcover removals proposed by the applicants does not completely offset this addition. The Planning Commission should discuss whether or not additional hardcover removals arc warranted. Staff would suggest that the lake side brick patio, horseshoe driveway, and extensive retaining and timber walls should be reviewed. Issues for Cousidcratiou 1. Does the Planning Commission feel that the hardcover amount proposed by the applicant is sufficient? If not, what is an appropriate amount considering the existing site conditions? 2. Are there any other issues or concerns with this application? Staff RccommcBdation Planning Staff recommends approval of the extent of harder.ver removals to allow the construction of a 272 s.f. garage addition to the home consistent with hardcover removals resulting in levels the Platming Commission deems appropriate. Additionally, consistent with past practice, the landscape areas on the property that may or may not be lined with land^pe weed barrier material should be verified and all weed barriers should be removed as part of this application. J City of Orono Variance Application street Address: 2750 Kelley Parkway Orono, MN S53S6 Main: 952-249-4600 fax: 952-249^16 Mailing Address: . P O Box 6G Crystal Pay, MN 55323-0066 Application f. Q 5-3 J 3^ Date Received: os Amount Paid: /ociO op Staff: Fee: CUtA-k <. Renewal: $300 ____________ After-the-fact $1,200 Double Fee •••• ^ . This application form must be completed in full. Appleant will be notified within 15 days as to the status of the application. Incomplete applications wiH not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: “VIOC" Property Identification Number (PIN): (Attach legal description to application if notinciuJed^on t^^ui^^!)^ Date Property Acquired (month/year): □ Yes, I own the adjacent parcels. Present use of property: a Residentiar □ Other Zoning District: ___________ APPLICANT INFORMATION: (Complete legal nares and marital status required for each interested party) Name: Phone (homp) Address Email: tM ..... firWiA PfrB-K r-<i^-Qi‘rr>,___________ Phone (work): ^ ^r4p7ft J4ln TCyj />Fax: iJ-n. 91£> 3-7/C/C OWNER II Name: Phone (home) (^®*nplete ieoal names s.nd marital status required for ea^ interested party) :^e^ ~ /j 3 ^ Phor^ (woik): ^ 776 Address: . /n ^13T7 Email: r\c <,nr7t^ Fax: lii-ba l^ditional sheets if necessarvt:fi DESCRIPTION OF REQUEST: Estimated Project Cost. Describe the request in detail (attach a^ jitional sheets if necessary): w V :r j - - -- * - - - ^ □m□ REQUIRED SuSmiI^ALS:' . . ^ ^ , AH of the following Information must be submitted by the application deadline date in order for your ^ ^plication to be processed. “ Pre-Appllcatlon Meeting Form, completed by a City Planner. Completed Application Form ^ 11 Completed Hardship Documentation Form Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6*^ Street, Minneapolis, telephone 612-348-5910 ■ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11 ’ or 11"x 17* for reproduction. 1ojo+o i0iCOJ 9 Completed hardcover calculation worksheets (as provide within the variance packet). □ .Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" M</^or 11* X17" for reproduction. O Sketches or plans of floor and elevation views (provide one copy 8.5" x 11 “ or 11" x 17"). □ Additional Herns may be requested by CHy Staff depending on the scope of the project. * APPLICANT ’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consuHant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitUng a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of Its potential merit. Applicant's Signature; Applicant’s Sig.iature: Date; Date; OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by CHy Staff, consuHants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: Owner's Signature: Date; Date: Applicant must have all submHtals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. i P ■3 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. ^ Pre-Application Meeting Form, completed by a City Planner. ^ Completed Application Form Completed Hardship Documentation Form El Certified Property Owners List - owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, ✓ Government Center, A-603 300 South 6** Street, Minneapolis, telephone 612-348-5910 IZi Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5 ” x 11* or 11“ X17” for reproduction.B V ■ V B «e •BO Completed hardcover calculation worksheets (as provided within foe variance packet) B T * “'opograpMc survey - including existing and proposed elevations. Provide one copy 8.5 ’ x 11’ or 11” X17” for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5 ” x 11 ’ or 11 ” x 17”). □ Additional items may be requested by City Staff depending on the scope of the project. ” APPUCANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by foe Htanning Department, agrees to pay additional foes (staff time not covered in the original fee payment) and/or consultant expenses Incurred in review of this application and certifies that the information supplied is true and correct to the best of Ns/her knowledge. The applicant recognizes that he/she Is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardlesia of Ito potential merit Applicants Signature; Applicant’s Signature; gardlesi^f te poten Date; Date; OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowiedges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation qpd..yerifipation of this request Owner's Signature; Owner ’s Signature; G 2; 11^ oL^ib 2 Applicant must have ail submittals into the City offices 25 days before foe Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and CouncN. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized represenfotive attend in place of the applicant and advise the City Planner assigned to your project DATA PRIVACY ADVISORY In accordinoe with M.8.13.04, Subd. 2, "Righto of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you fiimish wilt be used to determine your qualification for the permit or lioansa requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested pemiit or license requires Council action to approve, some information may baoome public. 5. You have certain righto under M.S. 13.04 (see following page) to review private data on yourself. 6. Your foil name is required to process this application or permit. Rrst fi Last /i/1 State zip Phone updvttand my righto apfated above. Signature ♦• • /? f • r. i ii "1C 4 tiiiAdb S«c. 13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Typo of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system: (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive foe data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav place the notice required under this subdivision in the individual income tax or orooertv tax refund Instructions instead of on those forms. ; Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is foe subiect of stored private or public data on individuals shall be shown the data without any charge to him and. if he desires, shall be informed of foe content and meaning of that data. After an individual has been shown foe private data and informed of its meaning, foe data need not be disclosed to him for six nxMiths thereafter unless a dispute or action pursuant to this section is pending or additional data on the individuai has been collected or aeated. The . responsible authority shall provide copies of the private or public data upon request by the individual subiect of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling foe copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, SurKiays arfo legal holidays, if immediate compliance is not possibie. If he cannot comply with the request within that time, he shall so inform the individual, ar>d may have an additional five days within which to comply with foe request, exciuding Saturdays. Sundays and legal holidays. Subd. 4. Procedure when data 1s not accurate or complete. An individual may contest foe accuracy or completeness of public or private data concerning himself. To exercise this right, an individuai shall notify in writing foe responsible authority describing foe nature of the disagreement. The responsible authority shall within 30 days either (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or ir>complete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with foe disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of foe administrative procedure act relating to contested cases. In : a: "4 ^ i Page 1 of3 HARDSHIP DOCUMENTATION FORM This form is a rsquirsd submittai for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property In question cannot be put to a reasonable use if used under conditions allowed by the official controls." N/A___ 2."The plight of the landowner is due to circumstances unique to his property not created by the landowner." The owner bought the property last year and has not made any of the • existing Iwproveinents. 3."The variance, if granted, will not alter the essential character of the locality.' The qaraqe will not alter the surrounding area. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for ttre property exists under the temis of the Zoning Chapter." N/A _________________________________________________ Jl (■. ...1 IT ^S ^ .. - ' 5. 6. 7. 8. i 9. 10. 11, ! r »; ■ •«Page 2 of 3 ■Undue hardship also includes, but la not limited to, inadequate access to direct sunlight for solar energy systems. Variances shaH be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.* N/A____________________________________________________ ■The Board of Appeals and Adjustments or the CouncH may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” Residential oaraoe use is permittPd. A third g«-All ic — ■The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” N/A ■The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The special conditions are applicable. The lot has very few places for the garage, the hardcover was created by others and is causing a substantial nardshlj) in building a additional garage Spatd The conditions do not apply generally to other land or structures in the district in which said land is located.” Each lot would have Its own hardcover , this lot Is only over the calcs In exterior coverage, the building portion Is 4X less than allowed. llX building coverage In a alioweo ibx building hard cover area. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The owner has a substantil need for storage space. He has a slab house and has very limited storage space for belongings and vehicles ■The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” ■ N/A___________ #.S134 1; ! 1 • « ' I f . k Page 3 of3 12.The granting of such variance wiit not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.* Thb owner did not create the xtra hardcover on the lot^ and the existing code for hardcover is a definite hardship in this case. The owner is replacing exterior hardcover for building hardcover and is not asking for more than alree existing. Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessa^): oimer understands the hardcover coriditions and is willirtg to gi ve up the ro garden In the same area as the proposed garage. He Is not adding any more hardc tHln airdidy exists and is wilting to listen to other options.the garage meets all setback nH|li1rementS and allowed sq. fodcage of garage space. The owner feels his request is reasonable and feels the oaraoe is a necessity rather than a convenieiice.. ^ w -V. 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'•• -'^'f Mnp .^£0^ *o YBf^ tUcna^A r & T \ \ r/- >V' <“—c«44 ^*«^»rrkeuhtMs •Okcco >0;L^:A^ -fc' 02£ SJfff/frHMii ffii osa attsif^iii& r \- 4«*cito<t Q)i>» 6' A) CtfN/nm a»A) it*' o«^*iMwe><ts Y x«eA. 04^HSMSS *—___ AMa^iiSt^b S^trss ^V‘ oij c*vy»Tsv«. 't'oP -fibfrKs *6"o*) cgtSmt^?' Qalrrjn^ f^TFS. t- <s%c£. xe^ i: ■Kf ■i^‘■^‘hmI t^lf4*.L CUo^g^ KiJtcnAs I%ier </«fr Ci4touo, //y -«fe^4i ' I f F3C4C. QUCMBT^ I I b^it£" z',^0" fiiAs'r Commoul | *t*bF^ I I lUhli^ 4 V v^,\ '; / £kxea*ta Manse »'?as' tiiAireHS MX Lh) m hbfiaseA t6' /r/y’ &«M6C- /. O' HX>‘ /S'—i .' ■ /oi-et mcn*.s Aer /Atic SCTBAOC ZOMX: (CIRCLS ONS) 75-250* 250-200'500-1000' A. KettM [NC BUH dcovtp ts rnsnt SS. WIddi X X X S-“. SJ. S.?. 1. Gtn|i C Mvoirqr SJF. X X SJ. SJ. a SUxinOc X X SJf. S.F. X X 03. SJ. S.F. By PlMlk ___________ 0. OtfNr WrxllQ X X X ~i^n SJ. SJ. SJ. \AZ S.F. TOTAL KAROOOVBIUN ZDMBTOTAL mpnimr AiEA w ZONE ♦ B ^g•7^a>X too - iV33 __iF. A S.F. Bi;<Wi A. HMn SJEABl 0^ Bt « S.F. X X X SJF. S-Fr SJS a C DrhwMgr % / •SJ- X X SJf ss. D. SIdmift X X SJF. SJF. a MoOMt X X 5.F. S.F. « I « « UndHWi By PiMfc X X S.F. S.F. SS. Q. OdMT SJ. TOTAL KAIDOOVEB Qf ZONE TOTAL PKOPERTY ABEA IK ZONE A _____________ ♦ B ____X too - 'SJ. A S.F. B % ^ob OSOf30G> -poLVL \o ~Tc,w\ OuTOlVoi l“V’ ^S'2L 'ZTIGCa 1 SmACKZOMijlbni^LEONi''*’ MtHnWCHA^I >VER m ZOMm X X X B. Oirige C. Diivtwiy X X D. Sidiwdk ZPMM gFcfcJlLV ^ F. Lamlicap* UvitrliiR !i^yPla«k 0. Oiker KroVx U;ck1I < total HARDCOVER IN ZONB total PROPERTY AREA IN ZONE A * B B PROPOmi HARPCnVKB fly t A. H«U«.•JvL iMfti _^ctcA r I»0€^ B. Oanp C. Othfrvsy ^ .p^ r^oij iMy ^ B. Sktnvilk E. PMlo/Deek r. iMdcrtein ByPltttie 0. Oihir total HARDCOVER JN ZONE total PROPERTY AREA IN ZONE B jt" 2$0*SOO'500-1000‘ WM« X 100 X100 Wl«h XIOO -2^k_s.p. ------------------S.F, ____________S.F. SF. S.F. S.F. S.F. S.F. ■2,%^ LCb~-70 S.F. SJ. [Z^O>S.F. SJ. SF. S.F. lOS^^ SP A A "I, I s-1 ST B _S.F. 'Z.'TZ S.F. S.F. S.F. S.F. 2.^7 S.F. S.F. SF. S.F. S.F. S.F. HZ7 SF. __S.F. __SF. S.F. S.F. A »5"l S.F. B 6gd>» s V 1 1 e«^vr p I (we) ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM _____of ^ » I (print name(8)Kj (print address] have reviewed the plans for the proposed improvement or proposed use of the property located at Purj lAJ A^AAJn also referred to as Land Use Application No.________. " 1 /) -21 on (Ju'hr^firr 0(0Aifv/ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires tdJirutn It. ^ I (we) Qjses^_____of.___ (print name(s)) (print address] i Porr Uo, have reviewed the plans for the proposed improvement or proposed use of the property located at ^^0$" fffj" ^*^tfT?***“ referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement ptans and that the proposed neighbor ’s project or use requires Council approval. Property Owner Oats Property Owner ^- Xf-oS Date If you have any kiforrrurtion that may assist the City in the review of this Land Use AppNcation, please subrnN your comments to the Building A Zoning Office at least 10 days prior to the scheduled meeting date. • t -C r [ i I I iai «v ^ - >' r... *mr K.}'y •»* I '■I, IL I 4 W. * . : f ‘ ■• RUNDATCiMI/SODS M 3011723140007 PROrADM 2097 KELLY AVE OWNEENAME OARRYEMOMUS TAXPAYER QARRY MORRIS A PATTY MORRIS NAME/AOOR 20R7 KELLY AVE EXCELSIOR MN S5331 31 2III73323004I PROPAOOR 3699 KELLY AVE OWNERNAME DALUPHOPP TAXPAYER DARYL LA LUCY SUmOPF NAME/ADDR 2099KBaYAVE LSIORMN S333I.0<M J 3S 3IU723230044 PROPADOR 2707 WALTERS PORT LA OWNERNAME WIASJKEBOAN TAXPAYER WELIAMJ A SANDRA JKEBOAN NAME/AOOR 2707 WALTERS PORT LA EXCELSIOR MN 39331 30 2111723230047 PROPAOOR 3S ADDRESSUNASSUNB) OWNERNAME ANDREWJ MCDERMOTTtO TAXPAYER ANDREW JMCOERMOTTin NAME/AOOR 3702 WALTERS PORT LA EXCEUIORMN 39331 30 31 1 1733230031 PROPAOOR 2710 PENCE LA OWNERNAME DEHABBRMANAH RHABERMAN TAXPAYER DEHABBRMANAHRHABERMAN NAME/AOOR 2710 PENCE LA EXCEUIORMN 39331 HENNEPIN (XMJNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE; I 31 2111733230039 PROPAOOR 2702 WALTERS PORT LA OWNERNAME ANOREW J MCDERMOTT Ul TAXPAYER ANOREW JMCOERMOTTin NAME/AOOR 2702 WALTERS PORT LA EXCEUIORMN 93331 38 2111723230040 PROPAOOR 2701 KELLY AVE OWNERNAME TRAWWSTORUE TAXPAYER TEO R A WENDY WEIHE STORUE NAME/AOOR 2701 KELLY AVE EXCEUIORMN 33331 38 21 11723230042 PROPAOOR 2703 WALTERS PORT LA OWNERNAME WILLIAM H REESE JR A WIFE TAXPAYER WILLIAM H REESE JR NAME/AOOR 2703 WALTERS PORT LANE ORONOMN 33331 38 2111723230043 PROPAOOR 2703 WALTERS PORT LA OWNERNAME RFCROSBYIIAPLCROSBY TAXPAYER PATRICIATUCHARD CROSBY II NAME/AOOR 2703 WALTERS PORT LA EXCEUIORMN 53331 38 2111723230043 PROPAOOR 2709 WALTERS PORT LA OWNERNAME WMASKDUNKLEY TAXPAYER WILLIAM M A SUSAN KOUNKLEY NAME/AOOR 2709 WALTERS PORT LANE EXCEUIORMN 33331 38 21 1 1723230046 PROPAOOR 2710 PENCE LA OWNERNAME D E HABERMAN A H R HABERMAN TA3CPAYER D E HABERMAN A H R HABERMAN NAME/AOOR 2710 PENCE LA EXCEUIORMN 33331 38 21 11723230048 PROPADOR 38 ADDRESSUNASSIONEO OWNER NAME ENVIRONMENTAL PLANNINO INC TAXPAYER ENVIRONMENTAL PLANNINO INC NAME/AOOR 4910 IDS CENTER MPUMN 33402 38 21 1 1723230049 PROPAOOR 38 ADDRESS UNASSIONEO OWNERNAME DALUPHOFF TA3CPAYER DARYL L A LUCY S UPHOFF NAME/ADDR 2699 KELLY AVE EXCEUIORMN 33331 1 ' I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCUlAlE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS J2ATE ON THE RBCXHIDS OF TIE HEPMEPIN COUNTY TAXPAYER SaVICe DEPAR' OFMY KNOWLEDGE AND BELIEF.l£^Zf (X^DAT) i 1 • i HL’imopin A Hanrwpin County Taxpayer Services Department ■ ■ •• : • ■ ^ . I ( ■ ? * Parcel Information Houm Number 270S WALTIRS FORT LA Parc^ ID 21117232: 7hl$l$nolaltg0yr9con/tdnttp. Itnpna mitaaoompIlaOonctlrfomaUon ant data IhmCKy. County, and Statanad td aigK^glla^0ati^^ aai^as. JL Date AppMoiHoa Rwdvwit 7-18-OS Date AppHcatioa CoMkicrcd M Conpletc: 7>l8-05 60>Day Review Period Eiplro: 9-16-05 COUNCIL MEETING AUG 222005 OTYOPORONO REQUEST FOR COUNCIL ACTION Date: August 18,2005 Item No.: 0 DepartaicBt Approval: Name: Janice Oundlach)^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #05-3140, Andrew ft Kristen Ronningen, 3030 Casco Point Road Variances - Resolution Zoning District: Lot Area: Lot Width: LR - 1C, One Family Lalceshore Residential District ('/^ acre min.) 0.71 acres (30,927 s.f.) 97* @ shoreline; 153 ’ @ 75 ’ setback List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice of 8-16-05 C-PC Memo and Exhibits of 8-9-OS A/tpUeatioH Summary: Applicant requests the following variances in order to construct a 12/12 pitch roof where a 4/10 pitch roof currently exists, which will increase the ceiling height in the main level kitchen/living area and add a 1/2 story over the existing main level bedrooms: 1. Rear yard setback variance to permit rear yard setback of 20’ v^en 30’ is normally requii^ 20* currently exists, and 20’ was permitted by variance in 1968. 2. Average lakesbore setback variance to permit the new roof structure to encroach into the required setback (no further lake encroachment is proposed however the increased height proposed requires approval of this variance). And, also the following variance to allow a covered entry over the existing stoop: 1. Rear yard setback variance to permit a rear yard setback of 15 ’ where 30’ is normally required and 20’ currently exists, and 20’ was permitted by variance in 1968. Pfamning Commisaion Recommendation The Planning Commission on a vote of 6 - 1 concurred with the staff recommendation to approve the variances to allow the increased pitch roof as no additional encroachment to the required rear yard is proposed and the additional height will not impact adjacent properties views to the lake due to the curvature of the shoreline in the cove. Planning Conunission discussed whether variances should be granted to permit covered entries. when the almost alwa]rs is the location of the existing home on the lot The majority of the Planning Commission determined that due to the location of the undeveloped right-of-way, the configuration of the lot lines, and the front stoop being the location of an old well with storage underneath, the variance for the unenclosed covert entry would be acceptable in this application. Staff RacoauMadation Approval per die attached Resolution. COUNCIL ACTION REQUESTED Adopt die attached Resohidon granting rear yard setback and average lakeshore setback variances fbr 3030 Casco Point Road. t ' ‘St;*- ''r ^ ••f, '' ;| V .■ SD J:y : -i 'V Vi I immM ll^ w X ■ 1« e'- - > *i- t«s,! • - --- fT-. ■oi.-y.vA; A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350 (B) AND 78-1279 (6) FILE NO. 05-3140 WHEREAS* Andrew V. Ronningen and Kristen M. Ronningen, husband and wife (hereinafter *ihe l^)plicants*0 are the owners of the property located at 3030 Casco Point Road wiftiin the City of Orono (hereinafter the “City ”) and legally described as follows: Lot 3, Block L KELLY’S 2^ ADDITION, Hennepin County, Minnesota (hereinafter the “property ”); and WHEREAS* the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1279 (6) to allow construction of a 12/12 pitch roof where a 4/10 pitch roof currently exists, which will increase fee ceiling heigbi in the main level kitchen/living area and add a V» story over fee existing garage and main level bedrooms requiring a rear yard setback variance to permit a rear yard setback of 20* when 30* is noimally required, 20* currently exists, and 20* was permitted by variances in 1968 and 1999. WHEREAS* the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 (B) to allow construction of a covered entry over the existing stoop requiring a rear yard setback variance to permit a rear yard setback of 15* where 30* is nonmlly required, 20* currently exists, and 20* was permitted by variance in 1968 and 1999. NOW* THEREFORE BE IT RESOLVED by the City Council of Orono, Miiuiesota: FINDINGS 1. This application was reviewed as Zoning File 05-3140. Page 1 of6 Kii ifcAiiifihii? itn : I 2. The property is located in the LR - IC, Zoning District which requires a minimum lot area of O.S acres and a minimum lot width of 100* at the shoreline and at the 75* setback of Lake Minnetonka. 3. The Plaiming Commission reviewed this application at a public hearing held on August IS, 2005 and recommend^ approval of the variances based on the following findings: a. The proposed roof addition will not encroach further on the existing rear yard setback to undeveloped Maple Avenue. b. The proposed roof structure and 'A story addition meet the building heigM a^ half story requirements of the Zoning Ordinance. c. The proposed roof structure, while adding height, will not impact lake views for adjacent iakeshore properties due to the curvature of the shoreline within Casco Cove of Lake Minnetonka. d. The additioiuU 5* encroachment on the rear yard of undeveloped Maple Avenue will consists only of an unenclos^ covered entry over the existing e. While the 1968 variance q)proval categorizes the rear lot line as the line adjacent to undevelop^ Maple Avenue, this property boundary functions more like a side street which would only require a 15* setback due to the orientation of the adjacent houses. f. The area existing under the proposed covered entry, in the basement level, already exists as storage space to the house as it was an old well. Hie covered entry proposed will not encroach any further than this existing storage area in the basement level. 4. The City Council has considered this application including the findings and recommendation of the Platming Commission, reports by City staff, conunents by the m>plicants and the public, and the effect of the proposed variances on the h^th, safety and welfare of the community. Page 2 of 6 5. Vi. u rt The City Council finds that the conditions existing on this property are peculiar to it and do not i^lply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 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 Sections 78«3S0 (B) and 78-1279 (6) to allow construction of a 12/12 pitch roof where a 4/10 pitch roof currently exists, which will increase the ceiling height in the main level kitchen/living area and add a '/2 story over the existing garage and main level bedrooms requiring a rear yard setback variance to permit a rear yard setback of 20* when 30* is normally required, 20* currently exists, and 20* was permitted by variances in 1968 and 1999 and to permit a covered entry setback IS* from the rear lot line where 30* is normally required and 20* currently exists, subject to the following conditions: 1. Council iq)proval is based on the site plan submitted by the applicants and wnnntwtad by City Staff, attached to this Resolution as Exhibit A. Any amendments to the site plan v^ch are not in conformity with City codes will require further Planning Commission and City Council review. 2. The covered entry shall remain unenclosed. If at any time the applicant submits for a building permit to enclose the covered entry, a variance to the rear yard setback requirement would be required. 3. Applicant shall remove ail plastic or fabric liner material from the decorative li^scape beds on the property to ensure their permeability as non-hardcover surftces. 4. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obt^ng a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (August 22,2006). Page 3 of 6 1 S. Violation of or non^ompliance 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. 6. The undersigned qiplicants have read, understand and hereby agree to the terms of tius resolution and on bdudf of the an>licants and the q)plicants* heirs, successor s and assigns, hereby agrees to the recording of this resolution in the chain of title of tiie jMoperty. Adopted by the Orono City Council on the 22"^ day of August, 2005. ATTEST: ■ j/. i*;:. Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Ownei(s) ov i t. ) Page4of6 4 it.' ,4 ..atAAtfiuAr ■ III rfirtrtri4^■ h STATO OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was ackno^edged before me on this_ day of j 200S 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 The foregoing instrument was acknowledged before me on this_ day of ______, 200S by Linda S. Vee, Ci^ Clerk of the City of Orono, a Minnesota munic^Ml oocpocatioo and said instrument was executed on behalf of the City. Notary Public . i ■- Pige S of6 r STATE OF MINNESOTA COUNTY OF HENNEPIN This instnunent was acknowledged before me this__day of_______ by Andrew V. Ronningen, husband of Kristen M. Ronningen, husband and wife. .2005 Notary Public STATE OP MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Kristen M. Ronningen, wife of Andrew V. Ronningen, husband and wife. 3 2005 Notary Public Page 6 of 6 fi. ^ INC. I Minry Ifiat iMt pun. tunivy or /oport wta prtpofodbyiiMorMpdnffiytfiroctaMtnrisiori— iflhotlolt om. ’Tu A y Z/ J999 Rtgitiftuoo no. utoo JOBtszoz 7^ 9CMl9 unb ^ojo;^ coiBJtKo &my veitMm&P CNtR cKism^ Sioo?. MW itia riim ftw w/ i/t sn*Y ' «E ^I&TIM6 \.e"^ ftfiH i6Vet \ KPMHS.V/t'UCP (CIUI16 wen OQSfiflCt nftti txx/eu KinHEri ♦ UVI(J6 AMA. lrt<WW€^ coNftnrtiKfel •t! M A /; N^v.:- ■■■ : •■ •■■ .;>. ;■•: ■ ?•>•,i >:••■• ■ ■ '''M r CITY OF ORONO 2750 Kdley Pirkway P.O. Box 66 Crystal Bay, MN 55323 (952) 24« ZONING FILE: 05-3140 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 16.2005 TO: Andrew it Kristen Ronningen 3030 Casco Point Road Wayzata. MN 55391 COPIES: TYPE OF APPLICATION:Rear Yard Setback Variances, Average Lakeshore Setback Variance DATE OF MEETING: August 15.2005 Plaaaiag CommbskHi recommended as follows: To qjprove the following variances to permit construction of a new 12/12 pitch roof where a 4/10 pitch roof currently exists, including a '/t story over the existing garage and main level bedrooms and covert entry over the existing firont stoop: 1. Rear yard setback variance to permit a rear yard setback of 20’ where 30’ is normally required, 20’ currently exists, and 20’ was permitted by variance in 1968. 2. Average lakeshore setback variance to permit the new roof structure to encroach into the required setbadc. 3. Rear yard setback variance to permit a rear yard setback of 15’ where 30’ is normally required and 20’ currently exists, specifically to allow for a covered entry. VOTE:FOR 1 AGAINST Applicant’s next scheduled meeting is coniinned as: City Coucll - Monday, Angnst 22,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, th^ are available fixmi the City Recorder after review and iqiproval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. M)S-3I40 August IS, 200S Page I ofS Date ApplfcatioH Received: 7-18-OS Dale ApplicatioB Coniidered as Complete: 7-18-OS 60-Day Review Period Eiplret: 9-16-OS To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Gundlach, City Planne^^ August 9,2005 Subject:OS-3140, Andrew & Kristen Ronningen, 3030 Casco Point Road, Side Street Setback & Average Lakeshore Setback Variances, Public Hearing Zoning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District ('A acre min.) 0.71 acres (30,927 s.f.) 97’ @ shoreline; 153’ @ 75 ’ setback A/^katioM Summaty: Applicant requests the following variances in order to construct a 12/12 pitch roof where a 4/10 pitch roof currently exists, which will increase the ceiling height in the main level kitchen/living area and add a 1/2 story over the existing main level bedrooms: 1. Rear yard setback variance to permit rear yard setback of 20 ’ when 30 ’ is normally required, 20 ’ currently exists, and 20 ’ was permitted by variance in 1968. 2. Average lakeshore setback variance to permit the new roof structure to encroach into the required setback (no further lake encroachment is proposed however the increased height proposed requires approval of this variance). And, also the following variance to allow a covered entry over the existing stoop: 1. Rear yard setback variance to permit a rear yard setback of 15’ where 30 ’ is normally required and 20 ’ currently exists, and 20 ’ was permitted by variance in 1968. Stiiff Recommendation: Staff recommends approval of the variances to allow the increased pitch roof as no additional encroachment to the required rear yard is proposed and the additional height will not impact adjacent properties views to the lake due to the curvature of the shoreline in the cove. Staff recommends that the Planning Commission discuss whether variances should be granted to permit covered entries, when the hardship almost always is the location of the existing home on the lot. If so, the Planning Commission may want to determine under what set of standards covered entries, requiring variances, should meet (for example, fully enclosed, unenclosed, size maximums). Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (b) lote. The following minimum requirements shall be observed: ms-5140 Augvft 15,2005 Page 2 of 5 Lot Area (acre) 0.5 Lot Width (feet) 100 Front Yard (feet)Side Yard (feel)Roar Yard (feet)Side Yard Adjacent to Street (feet) (Code 1984, § 10.25(6)) Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (6) Average lakeshore setback No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not ai^ly to stairways, lifts, landings and lockboxes. Further, the average l^eshore setback shall ^ply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. (Ord. No. 101 2nd series, § 1(10.56(16XC)), 2-24-1992) Lbt of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Existing A Proposed Survey (from 1999 Variance - No Footprint Changes) Exhibit D - Hardcover Calculation Woriesheets (from 1999 Variance - No Change) Exhibit E - Proposed Elevations Exhibit F - Proposed Floor Plans Exhibit G - Staff Reports A Minutes of 1968 Variance Exhibit H - Resolution ftom 1999 Variance Exhibit I - Photognq>hs Exhibit J - Aerial Photognq>h Depicting Average Lakeshore Setback Exhibit K - Adjacent Property Owner's Acknowledgement Forms Exhibit K - Property Owners List Exhibit L - Plat Map Background The applicant originally q>plied for a building permit on June 28,2005. After review of the plans submitted for the permit and review of prior zoning applications for this property, it was determined that variances would be required. The applicant met with staff for a pre-application meeting and submitted for a variance. Staff accepted the 1999 survey as no footprint expansions are proposed. LOT ANALYSIS WORKSHEET Lot Area/Width LR-IC Lot Area Lot Width Required 21,780 s.f. (0.5 acres)100' t ! k :■ MI5-3140 August 15,2005 Page 3 of5 Actual 30,927 s.f. (0.71 acres)97 ’ @ shoreline 153’@ 75 ’setback Setbacks LR-IC Front Rear Left Side (west) Right Side (east) Lakeshore Average Lakeshore Reqaired N/A 30’ 10’ 75 ’ setback more restrictive 75 ’ 175 ’ - 150’ (going west - cast) Existing N/A 20’ 37 ’ house 20* detached garage 75 ’ setback more restrictive Proposed N/A 20 ’ new roof 15’ covered entry No Change No Change 75 ’ ~30 ’ u croachment No Change No Change (except additional height) Total Lot Area Total Stmctural Coverage 30,927 s.f. (0.71 acres)Allowed: 4,639 s.f. (15%) Proposed: 2,715 s.f. (8.8%) Hardcover Cakulatioas Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 10,757 s.f 0s.f (0%) 0 s.f.* (0%)No Change 75 - 250 20,170 s.f.5,042.5 s.f. (25%) 4,512 s.f.* (22.4%)No Change * After exclusion of ftibric or plastic-lined landscape beds Rear Yard Setback Variance The applicant is proposing to remove the existing 4/10 pitch roof and construct a new 12/12 pitch roof tluit would provide a vaulted ceiling on the main level kitchen/living area and also provide additional living space above the existing main level bedrooms, which will act as a half story. The existing home is setback 20 ’ from Maple Avenue, which is acting as the rear lot line. In order to add additional height to the existing structure where a 30 ’ setback cannot be met, a new variance must be approved. The existing home was permitted to be setback 20 ’ from Maple Avenue under a 1968 variance review (resolutions were not drafted during that time). The applicant is also proposing to construct a roof over the existing front stoop. The roof will extend approximately 5’ into the 20 ’ rear yard. This requires approval of a rear yard h' #05-3140 August 15,2005 Page 4 of5 setback variance to permit a 1 S' setback. Average l4ikcshore Setback Variance The q)plicant is proposing to add height to the existing footprint. The property is located on Casco Cove where the shoreline curves around, rather than extending in a line. The average lakeshore setback is determined by the closest comers of the neighboring homes to the lake. Because of the cove situation, which is the reverse of a point situation, the applicants home lies forward of the average lakeshore setback, requiring a variance (see Exhibit J). Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In eenMerhtg a^Heathmsfor vartaace, Ike Hanning Commission shall consider the effect of the proposed variance open the health, sttfety and welfare of the community, existing and anticipated traffic eondMans, l^ht and air, danger of fire, risk to the public sqfety, and the effect on values of propetfy In the surrounding area. The Hanning Commission shall consider recommending approval for wuiamcesffom the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual properly under consideratiou, and shall recommend approval only when h Is demonstrated that such aetlous wH be ht heephtg with the spirit and hrtemt of the Orono Zoning Code. Stafif finds that a hardship exists to warrant approval of the rear yard setback and average lakeshore setback variances to permit construction of a new roof adding a half story and vaulting part of the existing home. The City found in 1968 that the logical placement of the home would be at a 20' setback from undeveloped Maple Avenue due to the hardships of topography and configuration of the lot. Staff finds that the 1968 findings are still valid and the applicants should be able to build above the existing house but within all other restrictions imposed under the Zoning Ordinance. All building height, hardcover, structural coverage and other setback requirements will be met under the proposed plans. Staff does, however, view the covered entry as a new encroachment warranting additional hardship findings teyond the 1968 variance. The Planning Commission and City Council have approved and denied additional encroachments on non-conforming setbacks for covered entries in the past. Being that these features are becoming more prominent in renovation projects, the Planning Commission in detemiining whether this request should be granted, may want to establish specific findings of when variances will be allowed for covered entries and when they will not. Isims for ConsMcration 1. Does the Plaiming Commission agree with the 1968 variance approval? 2. Should a covered entry be permitted by variance? 3. Should covered entries meeting a certain set of criteria be permitted? 4. Is a covered entry a reasonable request? J •TTr^ W-r - MS4140 Knut IS. 200S PageSofS 5. Are there ray other issues or concerns with this application? Staff ReconmendatioB Staff recommends apinoval of the variances to allow the increased pitched roof as no additional encroachment to the required rear yard is proposed and the additional height will not impact adjacent pn^ierties views to the lake due to the curvature of the shoreline in the cove. Staff recommends that the Planning Commission discuss whether variances should be granted to permit covered entries, v«dien the hardship almost always is the location of the exiiting home on the lot If so, the Planning Commission may want to determine under v^iat set of standards covered entries, requiring variances, should meet (for example, ftilly enclosed, unenclosed, size maximums, etc.). . ... JiA—-.,■,1.. City of Orono Variance Application Stmel Address: 27S0 Kelley Parkway Orono, MN 55356 Applicatjon# Date Received! 7^/5 Main: 952-249-4600 fax: 952-249-4616 Mating Atkkess: P.O. Box 66 Crystal Bay, MN 553234)066 Amount Paid: Staff: Fee: $600 ________ Renewal $300 After-the-fact $1.200 Double Fee This application form muat be completed In full. Applicant will be notified within 15 days as to the status of the application. liKompleta applicatlona will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: *^30 \RjQglA________ Property Identlfica^ Number (PIN): 7- (Attach legal description to application if not included on the survey.) Date Property Acquired (monttVyear): □ Yes, I own the adjacent parcels. Present use of property: M Residential □ Other L^-Uy________Zoning District: APPLICANT INFORMATKM: (Complslo legal names and marital status required for each interested party) Name: Kralq^i/V^tgir^ ______________________________________ Phone (home): <i^a-tT)/. ^ Phone (work): <9S’2^2LS’!i^6<i&0 Address: 'XCslO rV(Li _______City: rVavvo ______ Email: y^:Fax: ____________ Zip: OWNER INFOFMATION: (Complele legal names and marital status required for each interested party) Name: ^ r^irt»7rVi ____________________ Phone (horned > V *) y PhoneiVyorio: ^51? Address: fJ/- RA______City: rVfc4^______Zip: 4SHJ5I Email:____at ryjritt^Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: $ /S0.6t/il Describe the request in detail (attach additional sheets if necessary):^ ^ vw m 'W » w V — W w w w W WV W WW V • W W • W W « W M O ^ *{'iO p/'itLU ^ Q ///i a "fpyjd l>^S»\L‘h (r>\u/i (f tVic‘/'£€i^^ Tln^ U\Si\L________________________________ />1 'fts^ 77t^ /ou^/gy'Ti C> ** y^/Tejg»i ^ *1 10-L J ; if i'l 1 « f n REQUIRED SUBMITTALS: Ail of the following information must be submitted by the application deadline date in order for your application to be processed. ^ Pre-Application Meeting Form, completed by a City Planner, u Completed AppNcation Form Completed Hardship Docuntentation Form CT Certified Property Owners List - owners withinOS^f the subject property, labels and plat map. List, labels and map may be obtained fronri^ennepin County Department-of^Finance. y Government Llbhter7A^3 300 South 6“* Street. Minneapolis, telephon^l2-348-591^ H Original Certificate of Survey (signed by a licensed surveyor). meetmg~aii~the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5” x 11 ” or y 11 ” X17 ” for reproduction. ^ Completed hardcover calculation worksheets (as provided within the variance packet). Or Topographic survey - including existing and proposed elevations. Provide one copy 8.5” x 11 ” . orlTxirforreproduction. 0 Sketches or plans of floor and elevation views (provide one copy 8.5”x11 ”orH”x1 7”). □ Additional items may be requested by City Staff depending on the scope of the project. * APPUCANTS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Deparbi^L agrees to pay additional fees (staff time not covered in the original fee payment) and/or consulant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting s complete spplication being swore that upon failure to do so, the staff has no sNsmstive but to reject it until it is complete or to recommend the request for denial of the request regardless of ns potential merit Applicant’s Signature; Applicsnfs Signature; irdtess or ns p^ntlal mei Date; Date; OWNER’S ACKNOWLEDGEMENT: The owner hereby adtnowiedges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and ve^ficatk^f this request Owner’s Signature: Owner's Signature: Date: Date: '^ff 2,/or Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Appllcsnts must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. I. ijilf -4 >/----; fl '.n d i • r City of Orono Pre-Application Meeting Form (Thit fonn is to be completed by a City Planner during your pre-application meeting.*) StnHAddnn: 2750 Kalay Partway Ofono. MN 55356 MaUng Addnaa: P.O. Box 66 For Office Uae Only MWn: 052-249-4600 Fax: 052-249-4616 Crystal Bay. MN 55323^)066 Meeting DateHIme:~li(a PC Date: AjMS'i’/ihi7//0o \Mmt l9 dm ptifpoee of a promppUeodon mooting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the proceduree and requirements of the dty code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: (AhCO fn jgP Property Identification Number (PIN): Zoning District: iJL'IO Size of Property: i ar7AUl&^ ASCRIPTION OF REQUEST: ^l^verage Setback □ Side Yard Setback Rear Yard Setback(M^tt\ ^□rlardcover □ Lot Coverage 0101 Area ' nn>)nr □ Front Yard Setback □ Lot Width nen Applicanf Initiais:3^HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION; ••V *Pleaee note: Your variance implication will NOT be accepted without a pre-application meeting during which this form jwill )|e co|v1^ted by City staff. ApplicanI Slgnatuie;ti< Page 1 of3 HARDSHIP DOCUMENTATION FORM This form It t rtquirtd submittal for ALL varlanca applications. An application wiH not bo considered complete or placed on any nrieeting agendas until this form is complete and submitted to the City.__________________________ Minnesota State Statue Section 394.27. Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Persona! and economic situetlons am not considered valid hardsh^s. In order for an application to be heard by the Ranning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance wiil affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance Is Justified. The Information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” <3-9 Atjf.recp d/r£cf’ty —----------- -------------- 2.*theplig s#3|PiT'AKe^ or v'reuir, m lar« 3. (!) plight of m landowner is due to circumstances unique to his property not created by the landowner.” a^\A s^’rhtictc- u/a.s' Lt/ri't’ lj^lo»(w 'rt^ c*/t\rds "iW <^i^intnce vne U"h>vi The variance, if granted, will not alter the essential character 6f the locality.” i:-f^ uy/it ojnfy /Vvi^/Vl^p ~tu* Isritc d~f ”Econorrtic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” ! . I . © 8. 0. 11. Page 2 of3 ‘Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 1 16J.06, Subd. 2. when in harmony with this Chapter.” The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." The Board or Council may permit as a variance ttie temporary use of a one-femily dweHir>g as a two-femily dwelling." "The special conditions applying to the structure or land in question are peculiar to such property or immedia^ adjoiningproperty." ^ trvu^fe ^1* rt •^v/o cfr<V£*%r#^y />» firgiC-ilTC^. The conditions do not apply generally to other land or structures in the district in which said land is located." rflo-6 Lvie. tA/tU ✓/dwr rt~f- fKt os/(S(T ri ^ The granting of the application is necessary for the presenration and enjoyment of a substantial property right of the applicant" u/i'li gjftouj lae.iicd’~ tAr^ _____1*^^ 8^111 «UC/C^ L/Ji The granting of foe proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of foe Zoning Code.” fo. ^toef <yyyp ^ Q1 40 Page 3 of 3 The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difRculty.” wrihAij-t s/mttAt/KcA a^A <it/^ /o lika. <rPt/e .*VVq /awy ¥^6tkt’^C‘ck. ‘f‘f\trebly:griy. Hardship Statamant Should you faal the hardship cannot fully be desaibed in the above criteria, describe the uniqua hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if >> prarL'fit^^9 ___TTTtTIfMMfif’P AifP rs ^ ^riV^ susy /*>> proic.'rt 2ELj^ iTF fiAf- tt^cihekte.U y&\J. ‘Am m 1- A X “'X --■ ------------------------------------------------------------------------— s •r 9 6122494616 ^ HAIDCOVER CALCULA' ntYUCiVIl- imACKXQNEt (ORCUONM} Mf CITY OF ORONO• • < ••• »* *1 • V d lU20BI ^0 M X X . 22. C. Ihhiiiqr • ••X X d. SMmlk u X X /7 X X IMKIali OrMik O. OAir X X X t/0 STL TOTAL BARDOOVn IN ZONB TOTAL PROmmr AMA IN 20NB ♦ . • ig«Qiinju|j A. tkrnm • >•11 ^ fvM X X X B. om|i c. Mtwnr zz D. mtwtik B. TMiidt lL F. uSmSi s 'f.^rnm OrFM X X X X X X X X X O. OAxr I, ‘/O TOTAL HARDOOVm Of ZUN TOTAL PXOPRRTY AMA IN ZONB A ____________ ♦ B ir-- J .1.2^ 08/09/99 10:27 :05/05 N0:011 .WORKSHEET aso^' iQo>iooo* 1 si' %1 r / 2 (/ #.7 2. / xMO • xt06 • f.P. S.F. S.F. 2^7.2. S.F. f.F. S.F. S.F. /?s-;y S.P. _________X-P. ii:^*.F. ________«.F. /Og IJ. «.F. aj. gO,/7^ S.F. >:> B ■' V. ?f SJ. £T^ Jr- AF. «.F. ______S J. ^7t IJF. / (Og (p 8 J. _________S.F. 3.F. S.F. ?«- /Tr/> • AF. IJ. ________KF. /Pfl __IwP. 7 Y • f.F. Vf S“/. ? l.F. T/7g ».F. " B A B A B L- ••• • * ^ • •• 9^ • r • * • • .••• / if:-”V- ■:' •: . •. ' . . . *.. •/^•.. . . •.....*.. ^ J 6 . yC .ia«*rir— vr‘y^C^mXBB0y>y^ . -4»i« .r* t"U •^i • in' «.V fc T I *• ' •'/r- ^ <■ atr** y k« i 11 * «ar. - (3ki . - a '■ * tl scs^ ■• •->• > 'T*' • I > <* 1 k ire a •».» «•.. rira.».* «... rx V »>-« •- «LO.U-y.i -1 . 4 W, 4. ~T- ■ ' f m c&u I I » • U"* •14* < 4>» ' . 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'■ :- '.Ov >• wt*i>i '>' ' ; i;_ : •.'" • ■ - “••5'* .%“• i ■•' ; ■ '-• - • •/. ’ * -y v- y-i* ii y-- ■?t f • , V,. %. Tr.^ - , ' . r' W*--’.'f»r.5^^^5‘33tfavi<r7 <•;?', 5^[S!jr3 L. P ... kr' -V % «■ ■ Tj: i-i* t v:|,; ',n4|.^ ,fV m ii V. :■ '^••.vv:>--::;^V :•■ mM ' < •*' i!^vi •..:^r-‘:>' 7 - '• •'*> . v^,.. .*4?* .j ; ..' k^rv;::‘^-C'T‘^::->'t- * ’''r' vV v ••. • ’ '• .. •; .; * V? '** . .^•' • .. ‘V*IhL'/ v;^* */* • k • • • * f^2.^-(f- ' --il •; f.- - » . •V f ■■-. r^v .. - * *: • * 5vjl*«».•■ •;,: *1*0 • . • •WS>v--. - m '- ^'■nfy FR0M:'"'i\ :: : •■ •■ lilk^^DATE: "f-i£ ' ^: V:r-■ - i:v t • *. • < »»^ SUBJECT: Administrator Inspector April 16, 1968 Setback Variance - Joel Gainsley -■■.*'■ ;;.i« 1 ... , ;. i ■k^ :t te: C the above has taken out a building permit and is asking for a frontV '•-:IITIi. 1. • ir*', t/c^4iux«. ttuu x» adKxng ror a tro:, ... s®tback variance of 10 feet, moving the house to 20 feet from the ■v street. sv-^v •IV'.'•** * •*• V V.‘.> •'Jv ^ off ^st and economically and structurally, the logical • ^'•' place to put this house would be on the higher elevation where proposed. ■ •;than back 10 feet on lower ground. ff','.*: :•/■ sp;- • - •V'V*'• .* V.*■ yi-. Vi,'There'are no houses in immediate vicinity but any homes built onI - w ..w .*.iiunvw.&a. b%> U U 1. UIJ./ II '-adjacent lots would b'e faced with the same problem.i m‘1 '■'■ '-y ■!'■>• — j • vTh^^ would be on the side not from the street. ""P lo^ survey which shows elevations^ 945.5. The elevation where house would be is 943 1-:4: 934 in the rear showing the swift drop off in this . • • •* ' •• * ■|» ..■ .* •vv* :V? # • i'" ' •• ■ < .- •» •• lA f *.- . s. , ‘ ^ • •: ^ V. .*. ^ or. . • . . '* . •. . ■ . • y- -• , • ' . *t •' . * r .-• - • ••.. . . . ,,. •.♦ ••'A-V ^ ••# • . vV •• ^ if • ^,:.o. fWK: wnt c TUUt* Conacll Ateiaismtov April 19, mt Satback Variaaea • Jdal *>: « -J. • t.: 0-:^‘ .1 v.'v?’ • >:•'/ vt: lias lay :■■ *.••• .C-«>.y ... f ♦•,0f^- fc'iB '' I ■'■•■Pfe' . B tesvB,,,. -X-./v ^v:v - - A-:- .-.-- *• i?- •• •t'f:.V,. V . • • • . Nr. Oalaalap la applTlac far a buliaiaf parait vkich will raovira a aatbadc rariaaea.af 10 faat oa Tract U, R.L.8. 461, located off of old plattad, but imdavalopad Napla Avanua on Casco Point. Iba Tariaaca is raqyirad bacansa of tha slop of tha land and soil caaditiaas. Tbara baing no other daralopaant on this street,^, it will ba astablishing building lines .for future construction ' in the area. /!\ •.?'‘v. */* i* •. v ' V .. ■ .‘.’J • . . »** .K> ■ • M. . ■■ ■ v-b4?| ■ f- '.• .; ''l -M, *.•• • •. .1. • .• 1/e. n'Vr' • . f •/ V- ■> ■• r ■ r ' f • . _____________: -f'* . A • • • .V V.." •j. • •f • i 1 »• s. • •••:. V - :v; • Wlv-V--’- . J- . . ,, •/ • ; •*. .V' *•'< *'.’V ■ 'i * ■4 ’ *• •*■. 4,*: * > ^ # '"f* '•" • * ,•-’*•.* ••*. ’* • '.i“v •.. • It' •. •. ;.v.< . ■ • . .. ’• ■ '. ■•.■; ' ■ • ci •. ■> •’■•• '■•■ v‘ • '" .' . • .• .*t \ C-. • • • • ..4 ' P •. ■ .< V***. • V > ■■ • is .i-- jK. • U * *• v-.-i /< ‘ :: . m \ * *1 i'l IjV :/r 'f -• ■k 1 't r. i '* I V . MINUTES OF A REGULAR MEETING HELD APRIL 22, 1968 Page 2 Butterfield noved,'Stubbs seconded, that the request of James Owens for a Variance at 3329 Crystal Bay Road, be referred to the Planning Commission for review and recommendation. Motion, Ayes (4) - Nays (0). Stubbs moved, Searles seconded, that the request of Joel Gainsley for a front-yard setback at 3030 Casco Point Road, be approved. Motion, Ayes (4) - Nays (0). Searles moved, Butterfield seconded, that the Registered Land Survey of Fredrick Herfurth at 645 North Femdale Road, with his right-of-way easement increased to 25 feet, with utility easements, with these standards to apply to all similar tracts served remotely by private road and with the requirement that equal right of-way will be require on both sides, be approved. Motion, Aye^ (4) - Nays (0). Butterfield moved, Searles seconded, that the second Division of Bennie Foss at 565 Old Crystal Bay Road, be approved. Motion, Ayes (4) - Nays (0). Searles moved, Butterfield seconded, that a Public Hearing, May 27, 1968, at 7:30 P.M., CDT., for the '^vF.W. Building Permit and Club Liquor License, and any other activity anticipated and subject to the provision that such future use may be limited, be ordered. Motion, Ayes (4) - Nays (0). Searles sieved, Stubbs seconded, that the Tax Board of Review meet in the Village Office, July 15, 1968, at 7:30 P.M.. CDT., oe approved. Motinn, Ayes (4) - Nays (0). Stubbs moved, Butterfield seconded, that the Street Maintenance Contract with the Village of Independence, be approved. Motion, Ayes (4) - Nays (0). VARIANCE 3329 Crystal Bay Roa< VARIANCE 3030 Casco^int Roa« REGISTERED LAND SURV: 645 North Ferndale R« DIVISION 565 Old Crystal Bay 1 PUBLIC HEARING 3445 Lyric Avenue BOARD OF REVIEW STREET MAINTENANCE CONTRACT VILLAGE OF INDEPENDEI : i ‘ At GITYofORONO esHq^ RESOLUTION OF THE CITY COUNCIL NO. 43 7 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1(B) FILE NO. 2509 WHEREAS, Andrew Ronningen and Kristen Ronningen, formerly known as Kristen Forss, husband and wife, (hereinafter "the {q)plicants") are owners of the property located at 3030 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3, Block 1, Kelly's 2nd Addition, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subd. 1(B) for an average lakeshore setback variance to allow the construction of a 22'x 24* two-story addition to the existing home. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City CouncU of Orono, v ’. FINDINGS 1. This application was reviewed as Zoning File #2509. 2.This property is located in the LR-IC 2U>ning District where the minimum lot area requirement is 1/2 Acre. The property consists of approximately 30,927 square feet or .71 acres. The Orono Planning Conunission reviewed this application on August 16,1999 and recommended approval by a vote of 5-0 on the proposed variance based upon the following findings of fact: A.The neighboring residence to the West was constructed after the applicant's home. Page 1 of 4 Jl-' t MM. I I iiiiiiliwiOTViin I * 1 ■fc—*------- - mm I afiiii ~iiin iTiim A -(it GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^37 »» B. Mature trees are located along both the East and West property lines, extending past the average lakeshore setback line. C.The proposed house addition will not block or interfere with the neighbors' views of the lake. D. The applicants have agreed to remove all the plastic underlay within the landscaping areas, a total of approximately 436 square feet E.The construction of the house addition will not exceed the allowable hardcover for the 75* • 250* zone once the plastic is removed, and the total hardcover for this zone after the addition will be 5,221.2 sq. ft. (24.6%). 4.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 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. 5.The City Council has considered this plication including the findings and recommendations of the Planning Conunission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore yard variance per Municipal Zoning Code Section 10.22, Subdivision 1(B) to permit the construction of a 22' x 24' two-story addition to the home. Approval was subject to the following conditions: Page 2 of4 , - f- • ... ■ ■ ^ ^ - :r- - - V _____I ^ . V *GITYofORONO tosis RESOLUTION OF THE CITY COUNCIL NO. 4 8 3 7 1.All plasdc underlain landscaping must be removed at the time of construction and will be inspected as a part of the building inspection. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 23,2000). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any -----------^ ^ ^ 1______ f_ f___ • mauthority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby.agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to tfie recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of August, 1999. ATTEST: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota Page 3 of 4 • • # ...CITY of ORONO RESOLUTION OF THE CITY COUNCIL4 8 3 7NO. municipal coiporetion and said instrument was executed on behalf of the City. NOWaVFOEUC-MHJIttOlA f‘ W KWXfWCCUHTY f. 11. •• i .■rT.r^r'rrrr • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Oj* tWs —-----day of __________. 199^, before me a Notan' Public within and for said County, personally appeared ItA n;rt, ryurrr.'rJ.______ known to me to be the persdn(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. !Kga!«w iMgeaaj^ CAROLE A. HASEM.«>I NOMItrFUClIC-MIM’tSCIA WNNEWCCIIHTY j* y Notary Public » I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of i 199.5, before me a Notary' Publicwn uus —eSSe^-----day ol a Notary within and for said County, personally appealed ^/ir/r^f4y ____ -------------------------—_______________^known to me to be the person(s) described in and who executed the foregouig instrument, and acknowledged that be (they) executed the same as his rtheir) free act and deed(their) free act and deed I CAROlEAHASEMAil W »CIASYFUEUC-M'!.;t£.2W "•Notary Public Page 4 of 4 m />v5 . •7'V:. ■ft'lii «*•, .r/j; / fc..r »’» ✓.V ^ |kjw a' s PM' • »r k. ’Vi - fxLp-<^ TOS7 iir.:. '5ii2^ ,/ > •'! i. I . p i V. ;>■ ^ . ----------- •V.vw.^ h^-- J»;. -v . 1-ry1.1; . . T. ^ -w* x' v- ‘ .' -'.f. 'Pki#>vl^ *n' ■ •• V II . .„,: i, -•),'■-V ,,.:v,d-----.f'‘-‘-:'“:-;> /#. •08/01/2005 14 .• • ' .-V- ^ - . ' 1--MA.* T^\ 'T’-d^'-' =• 7""/'x '“K :•■ ^--y \ •* • •'-O?^ *^i. -I. ; C ^ . 'i- . .•••'iA k y Ik' » • :.^' ...V »r*./y_,,y.. '' ■ N ; V >* ■#. ►.» .’.^^ r. ♦r- .*N * "- X • V * •'^'Tv': A' ' - ' .». # / /4^-^K' * » iSs-- I Si. . ;'-y- ,'^3fl n *1^ V .* . i ••• i j' • PI'. : •* ; V r Wi\r y ♦ ..»< » ‘T‘>Af * . \ ».••»v^- * V 1:1 .'flraS^'' . *-•' v'*-- • A*' •*,•■ • * • ; ‘ *Af '■f ' “ v^Vv. ^ ‘‘>v • I r r' W(wr^./ ;i > / *• V.- % * .• » ■ ■ •* , T‘- '*■ ' ■ ,■• . i'.‘. -‘A ': ■ , .•,' •• -’•••1 ' ‘.A ; . V.% ». »: t i\ ?•4 AW V .« V t .?*i * r .#:*^?** :: Jf nSW i^t. ■ imM m 7' ^ 5^ f^f ^ *"i^ »V l'-'^ '>''1ml -' V fi ^> *■ »* i-1^('^- # »*y i. .•» •.' Si 5n 41* .3* ‘ : 1^ •' >* . •• . <S’;-# ■*>. r ;»> »*. f-;3s-" ;X-. fS,4 -‘ ' * ■* ^ -> im 'Mw V4-’^^ iiV * ^ fv ,V,ni4 v^ "y'5> 4 \i '<• '■ -i- m - '\t' m ’£r^. IWa I ADJACENT PROPERTY OWNERS’ ACKNOWLEDGEMENT FORM \(m)t\jA of Wff:(d‘^o 9^^ Iprint nam^sY J address] have reviewed the pl|^ the proposed improvement or proposed use of the property located at L3d3D CaSCQ 7^ >^lso referred to as l and Use Application No.________ I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date l(v>«) t name( ^[print nbme(8)] (print address] l^e^i^twed th^^^k^ fbr the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) urKferstand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. DateJl 1 9 \oS> F^roperty Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. O i i K. > ; r ADJACENT PROPERTY 0VINER8’ACKNOWLEDOeUBIT FOPI 1: l(v») M z------------------------- -------—w,. . ^ .w. I wrvffvi ^ hivt rttfiiMMd the piMit for ttw propoMd improvemant or propoeed use of the property located ttlen fofofrm/4 fA I *%9%t4 I Im Rv%mIU««4Imm RI#% t I (we) understand that In executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (w«L__ J am (are) aware of the improvement plans and that the proposed neighbor's project or use requirer^ 1r'——« approval. * Property Owner Date fY\e 4 %Property Owner Date RMRRt>R>i>iARiaweaaisee •MNMRMI >RRAtAEAiR»»#RAAWieaai I e. '* ■ » v< % /• MAUMtk. Jtti • wW^W' i. *. ' >:', ■ 'y vr 'v.:-■>: •V?‘'7*'‘V 'v.':'- *,•»" :r\.V' , ' ..■ V-7-^;:7-C;;sV- ' ’ :-:v;--v«. •;vv V',V 1^: RUN DATE: 7/M/SHI 31 3011723340001 nUSPADOR 3033 CASCOfOINTRO OWNBRNAMB DfTRlPr*PATRIPP TAXPAYBR DOUGLAS* PATRICIA TRIPP NAMB/AOOR 3033 CASCO POINT RO WAYZATAMN 33391 31 3011723340023 PROPAODR 3020 CASCO PODITRD OWNBRNAMB EUNDOREN JR * B UNOOREN rI TAXPAYER NAMB/AODR E UNDOREN JR ft B UNOOREN 3020 CASCO POINT RD ORONOMN 33391 PROPAODR U 2011723420029 3323 IVY PL OWNERNAME DLCUMMlNOSftMM TwMMINGS TAJCPAYER DANIEL L ft MARTHA M CUMMINGS NAME^AOOR 3323 IVY PL WAYZATAMN 33391 31 2011723430031 PROPAODR 3034 CASCO POINT RO OWNERNAME WENDY NOEL WENGER TAXPAYER WENDY NOEL WENGER NAMB/AODR 3034 CASCO POINT RD WAYZATAMN 33391 iv r ■ f ■: HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2011723340003 PROPAODR 3013 CASCOPOINTRD OWNBRNAMB DP SEIDEL* HN SEIDEL TAXPAYER DANIEL ft HELENA SEIDEL KAME/AODR 3013 CASCO PTRD WAYZATAMN 33391 38 2011723340012 PROP ADDR 3045 CASCO POINT RD OWNERNAME RAKASTENSftBCKASTENS TAJCPAYER RICHARD AmARBARA C KASTENS NAME/ADOR 3043 CASCO POINT RD WAYZATAMN 55391 38 2011723340026 PROP ADDR 3026 CASCOPOINTRD OWNERNAME JAMESRDAILBY/AMYKDAILEY TAJCPAYER JAMES R DAILEY/AMY K DAILEY NAME/ADOR 3026 CASCO POINT RO WAYZATAMN 55391 38 2011723420006 PRCJP ADDR 38 ADDRESS UNASSIGNED OWNERNAME HENNEPIN FORFEITED LAND TAJCPAYER HENNEPIN FORFEITED LAND NAME/ADDR NOT FOR SALE/UNDER WATER 04 LAKEMTKA 38 20ir.«j420033 PROPAODR 3333 IVY PL OWNERNAME PETERJBAZIL/SUSANMBAZIL TAJCPAYER PETER I BAZIL/SUSAN M BAZIL NAME/ADOR 3333 ^Y PL WAYZATAMN 55391 38 2011723430033 PROPAODR 3040 CASCOPOINTRD OWNERNAME TROY A SWANSON TAXPAYER TROY A SWANSON NAME/ADOR 3040 CASCO POINT RD WAYZATAMN 33391 31 2011723430052 PROPAODR 3030 CASCOPOINTRD OWNERNAME KM PORSS * A V RONNMOEN TAJCPAYER ARONNINOENftKFORSS NAME/ADDR 3030 CASCO POINT RO ORONOMN 33391 38 2011723430033 PROPAODR 3038 CASCOPOINTRD OWNERNAME DONALD JAMES KAVANAGH TAJCPAYER DONALD JAMES KAVANAGH NAME/ADOR 3038 CASCO POINT RO WAYZATAMN 33391 i CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCUIATE AND TRUE REPRESENTATION OF IFTORMATION AS IT APPEARS THIS DATE ON THE RECXJRD! Cff THE HEM4EPIN CXJUNTY TAXPAYER SERVICES DEPAR1 OF MY KNOWLEDGE AND BELIEF. ---- date T^ .ACAlfc AND RSTHIS DATEONTHE RECXIRC^ ITMENTrJpTHE^BT/y / /^/TMAL PAGE: I / / / tT-’ •‘ . . # •Hennepin County Taxpayer Services Department • I ■> Parcel MhmmUon > * '•I ID 2011723430052 MNumbM’3030 StTMt Nam« CMCO POINT RO TItkianoltItgatyftcordadmap. nnprPamtfaaoom pMlonafMonn a lion V entfdMeAom Giy, Counfy, and Statp rc»d aulhoriths and oOm aoufs. COUNClMSmiG Date AppHcatloii Received: 7>2fM)5 Date AppHeatloa Coaeidered at Coaiplete: 7>2(MI5 <0>Day Review Period Eipiret: 9-17-OS AUG 222005 CITYOFORONO REQUEST FOR COUNCIL ACTION Date: August 18,2005 Item No.: ' ^ Department Approval:Administrator Approval: Name: Janice Gundlach)^ TItte: City Planner Agenda Section: Zoning Item Description: #05-3144, Berkshire Properties on beualf of Professional Properties of Orono, LLP, 2745 Kelley Parkway, Commercial Site Plan Renewal, Resolution Zoning District: Lot Area: Lot Width: B-6, PUD Planned Unit Development (2 acre minimum) 2.56 acres (111,308 s.f.) 376 feet List of Exhibits A - Resolution per Planning Conunission Recommendation B - PC Action Notice of 8-16-05 C - PC Memo and Exhibits of 8-11-05 AppUeation Swimuuy: Applicant requests an extension of a commercial site plan approval of June 14,2004 which permits construction of a 2-story office building totaling 36,000 square feet. Planning Commission Recommendation On the consent agenda, the Planning Conunission voted 7-0 for approval of a one year extension in accordance with the previously adopted Resolution #5191 and Developer’s Agreement, attached to this memo. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a one year extension for the Conunercial Site Plan approval approved on June 14,2004. r •• A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A COMMERCIAL SITE PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 3A FOR PROFESSIONAL PROPERTIES OF ORONO, LLP GRANTED PER RESOLUTION #5191 FILE #05-3144 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter ‘City Council ”) has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Berkshire Properties (“the Applicant”) made application for an extension of the iqiprovals granted under Resolution #5191 on behalf of Professional Properties of Oono, LLP C*the Owner”) for property located at 2745 Kelley Parkway and leg^ly described as: Lot 1, Block 2, City of Orono Addition, Hennepin County, Mimiesota (hereinafter the “Property”); and WHEREAS, the City Council has considered the application by the Applicant for an extension of the approvals granted under Resolution #5191 for development of the Property by the Planned Unit Development (PUD) process; and WHEREAS, on June 14,20C4 the City Council granted Commercial Site Plan Approval for the proposed development consisting of a 36,000 square foot medical office building; and WHEREAS, the Applicants have agreed to execute the Planned Unit Development No. 3A Agreement drafted in conjunction with the June 14,2004 approval of Resolution #5191, Page I of3 I ,r- •r.V"' ■ •• -f.fr.:• h NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant a one year extension of the approvals granted under Resolution #5191 for Planned Unit Development No. 3A, subject to the following conditions: If substantial development has not occurred within one year after approval of this extension, the City Council may declare the q>provals grant^ within this resolution. Resolution #5191 and Planned Unit Development Agreement No. 3 A as null and void. ATTEST: Linda S. Vee, City Cleric Adopted by the City Council of Orono this 22"** day of August, 2005. Barbara A. Peterson, Mayor Owner Pi«e2of3 STATE OF MINNESOTA COUNTY OF HENNEPIN The foiegoing instrument was acknowledged before me on this__day of _________, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on Ixhalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on tliis__day of ^ 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corpewation and said instrument was executed on behclf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN , 7005,This instrument was acknowledged before me this__day of. by________________,____________of Professional Properties of Orono, LLP, a Limited Liability Partnership, on behalf of the partnership. Notary Public Pages of 3 V:* f ■ iCT\' • -ly P ’" 'i* • U.. •' :';‘.v''^ ' . ■ n ■' CITY OF ORONO 27S0 KfcUey Parkwty P.O. B ok <6 Ciyttel Bay, MN 55323 (952) 249-4600 TO: Berkihire Properties, LLP 845 Partonwoiod Ro^ Onmo. MN SS356 ZONING FILE: 05-3144 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 16,2005 COPIES:Bob PJttei 3260 Bohn ’s Point Lane Wayzata, MN 55391 TWE OF ^PUCiYnON^____?5lfP»'90, DATE OF MEETING: August 15,2005 PlaMlag Comnibtion recommended as follows: To approve the extension as requested for a period of one year. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as; City ConncH - Monday, August 22,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Conunission or Council minutes, they are available from Ae City Recorder after review and approval by the Planning Conunission or Council. If you have questions, please call City Planner Janice Gundlach • 1.y ” ■: y ■ . ' - -4 ■e :" ■’E^'OTjia % ' -- . . v •P^ V,:. •-r i/ f• V 1^. .. K i.. ms-3144 Aagttit 15,2005 Pagt I of2 Date Appliailloa R«ccivcd: 7-20-05 Date Applicalion CoasMercd as Coaiptetc: 7-20-05 <0-Day Review Period Eipires: 9-17-05 To: Chair Smith and Planning Commission Members Ron Moorse, Cit>' Administrator From: Janice Gundlach, City Planner^ Date: August 11,2005 Subject: #05-3144, Berkshire Properties on behalf of Professional Properties of Orono, LLP, 2745 Kelley Parkway, Commercial Site Plan Review Extension, Public Hearing Zoning District: Lot Area: Lot Width: B-6, PUD Planned Unit Development C acre minimum) 2.56 acres (111,308 s.f.) 376 feet Ap^kaHon Summary: Applicant requests an extension of a commercial site plan approval of June 14,2004 which permits construction of a 2>story office building totaling 36,000 square feet. Siqff Recommendation: Staff recommends approval of a one year extension in accordance with the previously adopted Resolution #5191 and Developer’s Agreement, attached to this memo as Exhibits B and C. List of Exhibits Exhibit A- Application Exhibit B - Resolution #5191 Exhibit C - Developer’s Agreement Exhibit D - PC Memo & Exhibits of 2-13-04 Background The ai^licant received conunercial site plan approval in June of 2004 which permitted construction of a 2-stoiy office building directly east of the existing dental building at the Northeast comer of Old Crystal Bay Road and Highway 12 (2764 Kelley Parkway). The property was zoned and guided appropriately at the time 2765 Kelley Parkway to the direct west was developed. The site plan approved for this property fully complied with all B - 6 standards and included no variances from the code. The applicant approached staff at approximately the one year mark inquiring of whether an official extension would be required, as construction of the building was not in the immediate future. After review of the documents it became clear that a formal extension would benefit both parties as the expiration language in the approval Resolution stated ”if substantial development has not occurred witliin one year after approval of PUD No. 3A as set forth in the Platmed Unit Development No. 3A Agreement, the City Council may WOS-3144 AMgMit IS. 2005 Pigclori declare the approvals granted within this resolution and within said Agreement as null and void.” M I Isiucs for Consideration 1. Are there any additional conditions that should be placed on an approval extension? 2. Are there any other issues or concerns with this request? Staff Rcconaicndation Staff recommends iq)proval of a one year extension in accordance with the previously adopted Resolution #5191 and Developer’s Agreement, attached to this memo as Exhibits BandC. Note: There is cuiraitly debris on the site that should be cleaned up by the applicant as as possible to keep the site from being an eyesore until construction commences.. • • I hmm ir-, . ■ ifii ut y •It Ir.. --ir-''.'* - -itv* It h-r . FI n i’- CITY OF ORONO - GENERAL LAND USE APPLICATION Application# ^ V Date Recei veT7 /Z- Amount Paid r PROPERTY LOCATION ^ ^ . Site Address ^^LU^BV r^U!>V Type of Application to be Filed Property Identification Number (P.I.D.) APPLICANT Name Phone (home)_^[£2 Address ^3 5 P j^RTS j>uuo Phone(work) ^jTZ-V/S'-SOS'g OWNER (if different than applicant) Name_______ Phone (home). Address Phone (work) _City_____Zip. Date Property Acquired (month/year) 1 (do) (do not) also own the adjacent parcels of land. FEES • CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $600.00 Land Alteration -*■ Permit ___Grading and filling - designated wetland or floodplain ___Grading and filling - 501 cu. yd. or more ___Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$600.00 Commercial Site Plan Review (+ consultant fees) $600.00 Vacation ______$600.00 Easement Vacation $100.00 Easement Vacation With Subdivision . $600.00 Rezoning (PUD - refer to fee schedule)r^ $600.00 Comprehensive Plan Amendment ^ y $100.00 Appeals Other - see Fee Schedule 2 REQUIRED SUBMITTALS 1. 2. 3. 5. 6. 7. . Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 ”’ Street, Minneapolis, telephone 612-348-5910). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in 8. 9. the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of ail documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete, initials of Clerical Staff: Date APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual «^enses incurred in review of this application, and certifies that the information supoKra is true and couact to the best of his/her knowledge. Applicant's signatun Date "y OWNER'S SIGNATURI The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consuKants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals Into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at aN scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. JL<r- A A 0 m§a§rn> MM C •••’■ ■ n 1 CITYoTORONO RESOLUTION OF THE CITY COUNCIL NO. 619 1 A RESOLUTION GRANTING COMMERCIAL SITE FLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 3A FOR ORONO PROFESSIONAL CENTER II FILE #04-2984 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Berkshire Properties (“the Applicants”) owns the property located at 274S Kelley Parkway and legally described as: Lot 1, Block 2, City of Orono Addition, Hennepin County, Minnesota • (hereinafter the “Property”); and WHEREAS, the City Council has considered the application by the Applicants for development of the Property by the Planned Unit Development (PUD) process; and WHEREAS, on March 8, 2004 the City Coimcil granted Commercial Site Plan Approval for the proposed development consisting of a 36,000 square foot medical office building; and WHEREAS, the Applicants have agreed to execute Planned Unit Development No. 3A Agreement providing for the installation of certain improvements as a condition of site plan approval for the construction of a Office Building on the Property, and which agreement documents the general and detailed conditions for use and development of the Property; and WHEREAS, the Applicants have agreed to grant public easements to the City over existing and proposed trails and sidewalks within the Property. However, it is specifically noted that it is the City’s goal to locate the proposed trail along Highway 12 within the Highway 12 right-of-way, and will only make use of the easement along Highway 12 if placement of trail in the right-of-way is not possible; and Page I of 6 1 I') GITYofORONO «sBq: flESOLUTION OF THE CITY COUNCIL NO. _ S 1 9 1 WHEREAS, the Applicants have completed or have agreed to complete all other requirements of the Zoning Code and related Ordinances of the City including; 1.Submittal of Mirmehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management facilities plan for the development of the Property as proposed per the “Grading, Drainage, Erosion Control, and Utility Plan”, Sheet Cl dated 2-10-04 of Exhibit A. 2.Payment to the City of Stormwater and Drainage Trunk Fees for the development of the Property in the amount of S16,588.80 based on Trunk Fee of S6,480 per acre and gross acreage of Property at 111,308 s.f. or 2.56 acres including those portions subject to trail and sidewalk easements. 3.Payment of Sewer and Water Connection Charges in the amount of $37,427.20 based on per-acre connection fees for 1989 Highway 12 municipal sewer & water project per 2004 City Fee Schedule of $14,620 per acre and gross acreage of property of 111,308 s.f. or 2.56 acres including those portions subject to trail and sidewalk easements. 4.Payment of Park Dedication fee to be confirmed with the County Assessor. The fee would range between $32,000 and $35,520 as discussed in the memo from Planning Director Mike Gafifron, dated April 8,2004. 5.Granting to the City of public easements over existing and proposed trails and sidewalks within the Property and construction of trail along the south boundary of the property as shown on the “Landscaping & Lighting Plan”, Sheet LI dated 2-23-04. WHEREAS, City staff and consultants have reviewed the plans for this PUD application and hereby specify approval of each attached plan and identify them as part of the official record for Planned Unit Development No. 3A: 1.Approval of site plan per “Site Plan” Sheet A1 dated 2-11-04, subject to potential relocation to a location within the Property of the trail cunently proposed within the Highuray 12 right-of-way. 2.Approval of “Grading, Drainage, Erosion Control, and Utility Plan” per Sheet Cl dated 2-10-04, subject to the additional requirements of the MCWD and subject to Page 2 of 6 f t.<r,A ' i'i GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. fi I Cl 1 the additional requirements and conditions specified by City Engineer Tom Kellogg in his letter dated February 26,2004. m^.3. w >. # 4. Approval of'‘Landscape & Lighting Plan ” per Sheet LI dated 2-23-04, subject to the following addition^ conditions; a) City reserves the right to require revision to the tree species and tree locations proposed along the Kelley Parkway fiontage to ensure their compatibility with the final Kelley Parkway streetscape plan yet to be approved by the City Council. b) The trash enclosure shall be further screened by vegetation to minimirg direct view of the opening by westbound Highway 12 traffic, subject to City staff approval. c) The Applicants shall be responsible for construction of the public trail along the south boundary of the property as noted herein. Approval of floor plan and facade elevations for the Office building per Sheets A2, A3 and A4 by Lampert Architects, dated 2-11-04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant Conunercial Site Plan Approval for Planned Unit Development No. 3 A, subject to the following conditions: 1 . Commercial Site Plan Approval is granted subject to conditions established within the Planned Unit Development No. 3A Agreement and other pertinent documents. Upon the final approval and execution of this resolution and the Planned Unit Development No. 3A Agrwment, the City Council shall formally amend the Orono Zoning Code by adding language establishing Planned Unit Development No. 3A (PUD-3A) to include the Property. 3. Upon approval of this Resolution the City Council shall direct the Mayor and Clerk to execute other documents required by this PUD rezoning, including but not limited to the “Planned Unit Development No. 3A Agreement". 4. Minor changes in the location, placement and height of structures may be authorized by the Development Review Committee if required by engineering or Page 3 or6 UiMl faL» GITYofORONO RESOLUTION OF NCIL other circumstances not foreseen at the time the final plan was approved and filed with the Zoning Administrator. Changes in uses: Significant changes in the location, size, or height of the Office structure, and any other changes to the approved final development plan deemed by the Zoning Administrator to be significant may be made only after a public hearing conducted by the Council. Any changes shall be recorded as amendments to the recorded copy of the final development plan. rrA-.'.. r-.r. If substantial development has not occurred within one year after approval of PUD No. 3A as set forth in the Planned Unit Development No. 3A Agreement, the City Council may declare the approvals granted within this resolution and within said Agreement as null and void. r 1 7.The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Applicants have been satisfied. S; ' Adopted by the City Council of Oiono this 14"* day of June, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor toper (Oj^halfjbf Orono Professional Center II) X mm VJ« I 1^ 5. Page 4 of 6 * t oT o ClTYofORONO » <• -RESOLUTION OF THE CITY COUNCIL »io 5101 1 ..T- . i • b JH h STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. I©RACHa DODGE ■ptawrwmg.MNNcxTAwOMMaHaviik jkiL 31. Tr~ laasaa^ssaammmmm DODGE1 -•••CXTA ^Notary Public CTTistfi K L;; STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of ____, 2004 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 • - ’."’'ia ' -V; ••r..- -s • -i-• •. • •• • 7 Mi } Pigr S of 6 If’ GITYoTORONOt RESOLUTION OF THE CITY COUNCIL Kin «5 1 ® 1 STATE OF MINNESOTA COUNTY OF HENNEPIN 4^^ 5 This instrument was acknowledged before me this/Y^day of JwlEl 20^, by T^rttfr, President of Beiicshire Properties, a Miimesota corporation, on behalf of the corporation. kxJi Notary Public " A. V. - T ■jK^K b SB^^ mmm 'r\mm igff 6of6 ■m.'# ■ ,1 %■;IWM3»''v ’"B: -A t I J ! ; ! i ' i f t j IP V .-■ • V <r i. ■ •r^-jA ‘‘ • i k *'i»v (iaiii Sheet A1 Sheet A2 Sheet A3 Sheet A4 Sheet Cl Sheet C2 Sheet LI ; .■ .'>Tf*j'4; 6191 EXHIBIT A RESOLUTION NO.ATTACHED PLANS Site Plan dated 2>11 -04 First Floor Plan dated 2-11-04 ' Second Floor Plan dated 2-11-04 Elevations dated 2-11-04 Grading, Drainage, Erosion Control, and Utility Plan dated 2-10-04 Plan/Proftle Utility Plan dated 2-10-04 Landsc^>ing A Lighting Plan dated 2-23-04 ' V.;': - V. ••• • ' ■ .■: ut : : r- y -.'i y. V . . 'r- ' - V..: . " f r 2?v.» • A.' .*/ ;jS- Iw": .4.. ;.t. A 1 iiytiwuirf 11 ■iaVTi ^ '■ '■■■' !r^‘ My V >f-- ■ ■ T; JilMM f z !- i ; : .i ; i . 1 . » < 4 •V ’v-:. :•• •; k A H # C I T AtCMirCCTS •aat « iMWi »iM. Ha^g jsaJl ^ -j 2 ;i z §“ O I ■S s * S tii I Q.O I o g ® a. ^ a O n—Fccr ia aOOt PIAN A2 \ [* tit \ i 1 i i. i •>• i' 1 11 t i 1 j;; 1 5 1 i; X (^-Kkm TT J|LS ^1^9 1 ^ i A M » c • r ACcairfcrt • !■» «MMM wg:4ft.r..-ff,.g ^ f Ic O il S 2 .Ii<CL S PtOOt PUN Zijl 1 k ,a jsfB ti a KB s 8B a iS I II I HI a 'll Bi B B IS BB B J|g| B II B m Ji 3i ii i Ilia i^iilis B'lTlFi ii II ^ “■------------------------------- ^ gg_sl g_i||i_l ii II 1 ^11 ®»w> *•• '•v ■m .■ ■ a s§ m ii_Aa^.^Bl58 _ji_ g_ { 51 M.s. i_s ai ae ® S \ ‘I i i ( «i J 5l t . . ^ t il I I • ‘ I 1 ! a . . i i j L 1 : ii I ; « i k.f 1 ^ I •. n i h : © i « M I . < T AiCMIttCtt «Mt m iMM ».«• wt %mt w» »»»• «¥l uu T3 _l “ i o T3 CO QJ V/i -g-i» o Qd O ' •» M e£s& aiVATlONi A4 ♦ r . : . <- •! I ■ I ir MT I ^ I ‘\-'-.>kEUEf PARkWAV tmanassm ?f:r' CTOSIOM COWTHOL MQTCl • 191 VICINITY MAP t*M«» JVTy.’k mm--wmmmmrm*^»i•mmmmrmim «r--------------Mir n«i «n 55ico mamm PAVEMENT SECTION .T FDICC ■^Ss3t?sr»rJSMut??u 5?At LEGEND: % 9rmVm af J{-7- S) -mj •) ;u=; •a C«Min« Cwiav Otmim Umifa tiM ftm C«A o A.mm4m cm*—^ LMMir AMCHmsm fj«j^ Atf tMcnr sraor «W &MC MV 9830* MOIC rW c/ ,,i ^ i 1* V ‘^v'i i 1.1' ;-«v-*f- - & PLAN/PRORLE UTILITY PLAN ORONO PROFESSIONAL MEDICAL BUILDING ORONO. MN » A19 i •V r 1 1 ’J n''7T!rn j; •• ^ M LJ • •U4 n ,1 I IV .' 'A V; if' V- ' 'ij. • ‘ ■- •: ■ '• !SlflSii<l£S!n9(3Bi afJsZ-imim 1 I wm I I mBaSSAr^- >t— <rm mj m OK) m=ff.Kf srI 'IIbsi iCjJCJiSEJM 1 1 loi I!i L 1029 nr -------i <020 iri dL u 1C19 IliL.<010 iuiJTn 1 1 ^ liLiiii i I i i.:U l! ' V. hw. %h‘- ‘Hf''* ^: .^3 r.'’>1 r -'-' ■ '•i'^ ■' ■■ I-'" va ,ir^ •* ■V. mix KELLEY ROAD o m < 19 ► oi U U. S. HIGHfAY NO. 12 ^^iy|y»g A UBMTliO WLAM . 1 ..L httam.4jm P^UITIWC OTTM. boc 2 3 00 XIQ| %/% 19 *“o Si S s: otO JfiAL LOITMC _ftAW LI •A & ^ orttnA^tfVrM. k«ttf bi*s«*«A CITY OF ORONO HENNEPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 3A AGREEMENT FOR ORONO PROFESSIONAL CENTER II TO BE LOCATED AT 2745 KELLEY PARKWAY DEVELOPER: BERKSHIRE PROPERTIES THIS AGREEMENT, made and entered into this___day of 2004, by and between the City of Orono, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter called “City ”), and Bericshire Properties, Inc., a Minnesota Corporation, its heirs, successors and assigns (hereinafter called “Developer”)- WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a commercial site plan review under a PUD zoning that was approved under Planned Unit Development No. 3, for the purpose of developing a 36,000 s.f. office building on property located at 2765 Kelley Paricway; and WHEREAS, the Developer for 2745 Kelley Paricway is required to enter into this agreement to provide for conformance with the City ’s Planned Unit Development (PUD) ordinances and Planned Unit Development Agreement No. 3, and to provide for the installation and maintenance of improvements associated with the development; and WHEREAS, on March 8, 2004 the City Council granted Commercial Site Plan Approval for the Office Building per Resolution No.____, including {q>proval of design and site plans and establishing final approval conditions. NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hereinafter contained, it is hereby agreed as follows: A. Gencnil Terros and CondlHoiia 1.Property Description. This Planned Unit Development No. 3A Agreement for Berkshire Properties. Office Building qrpUes to the following described property located in Hennepin County, Minnesota: P^loflO II f^nlhriiiin i m iH j -r i ! ! ■ 2. 3. 4. 5. Lot 1, Block 2, City of Orono Addition, Hennepin County, Minnesota (hereinafter the “Property”) Zoning. The Property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. Permitted Uses. Within the Property the only permitted principal structure is the 36,000 gross s.f. Office Building as depicted in the site plan (attached hereto as Exhibit A, Sheet Al) and floor plans and elevations (attached hereto as Sheets A2, A3, and A4). TTie permitted use of the Office Building is general medical office uses wdiich may include business and professional offices of a general nature, and a clinic for human care on an outpatient basis only. The office building shall not be used for general retail use, except that retail uses customarily accessory to the general medical office use may occur in no more than five percent (5%) of the office building gross floor area. Other uses shall not be allowed except by amendment of this PUD agreement. Within the Property the only accessory structures allowed shall include a monumoit identification signs per approval of a sign permit, and a trash enclosure as shown on the site plan referenced hnein. No other accessory structures are permitted on the Property except by amendment of this agreement. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD agreement. The foregoing uses are permitted pursuant to this PUD agreement Site Access. Internal circulation fin* the Property shall be via private driveways and parking areas. The only accesses to adjoining public streets shall be onto Kelley Parkway. Additionally, the shared access constructed under PUD AGREEMENT No. 3 provides for full entrance and exit movements and serves both the Property and 276S Kelley Parkway. One additional access point to Kelley Parkway is allowed for the Property. Such access location shall be constructed per the approved site plan (attached as Sheet Akl). Off-site access improvements that are the responsibility of the Developer shall include construction of curb cuts and driveway aprons within the right-of-way of Kelley Parkway, as well as the relocation of existing hydrants and storm sewer ^ilities as necessary to accomplish the required site accesses. All such off-site improvements shall be performed to City specifications and shall be reviewed and approved by the Director of Public Services prior to commencement of such improvements. PmiMim and Construction. The medical office building on the Property shall coi^cted according to final plans which shall first be certified by the Planning Director as being in conformity with the approved plans attached as Exhibit A. The extenor of the building shall be of materials consistent with the Page2of 10 laa* f- 6. extericM' elevation attached as Sheet A4 of Exhibit A. The trash enclosure shall be constructed of materials consistent with the principal structure on the Property per the approved plans. Construction of the medical office building shall be in conformance with the building codes and regulations adopted by the City of Orono. Any substantial changes to the gross square footage, footfmnt/wall/roof dimensions or defined building height shall require a prior amendment to this Agreement. Landscaping. The approved landscaping plan attached to this Agreement as Sheet LI shall be strictly adhered to, with the following conditions: a) City reserves the right to require revision to the tree species and tree locations proposed along the Kelley Parkway frontage to ensure their compatibility with the final Kelley Parkway streetscape plan yet to be approved by the City Council. b) The trash enclosure shall be further screened by vegetation to minimize direct view of the opening by westbound Highway 12 traffic, subject to City staff afqjroval. 7. Lighting. Site lighting shall adhere to the iq>proved lighting plan attached to this agreement as Sheet LI. Public street lighting along Kelley Parkway adjacent to the property shall be provided by the Developer and shall be of a style, number, hei^t, and location consistent with the other development along Kelley Parkway. Public street lighting along Kelley parkway shall be installed and maintained by Xcel Energy through a standard agreement between the City and Xcel Energy with the costs for installation paid by the E)eveloper. The City will then be responsible for payment of the operation and nuuntenance cost to Xcel Energy per the terms of the agreement. 8. Signage. Signage on the site shall be limited to the required traffic control signage and a monument style sign, which must receive a separate review and permit prior to construction. Parking and traffic control signage shall be installed subject to City staff and City Engineer approval. B» Inatallation and Maintenance of Improvemcnti 9. Improvements: In accordance with the policies and ordinances of the City of Orono, the following described public or private improvements (hereinafter collectively called the “Improvements") shall be constructed, installed and maintained by the Developer according to the terms and conditions contained in this PUD Agreement: (a) Site grading, driveways, curb and gutter, parking lots, sidewalks, retaining walls if required and all necessary erosion control measures per the Grading, Dnunage, Erosion Control, and Utility Plan attached hmto as Sheet Cl (hereinafrer called "site grading improvements"); 3 of 10 i J . f 10. 11. Construction of sanitary sewer and water connections (hereinafter called “sewer and water improvements”) and construction or relocation of storm sewer lines and facilities (hereinafter called “stormwater improvements”) per the preliminary Utility Plan attached hereto as Sheet Cl and C2. Underground natural gas, electric, cable and telephone service to be arranged by the Developer with Lhe utility companies involved (hereinafter called the "other utility improvements"); Landscaping and site re-vegetation improvements per the approved Landscq)ing & Lighting Plan attached hereto as Sheet LI (hereinafter called “landscaping improvements”). (e) Traffic control signage subject to approval by the City Engineer and Public Services Director. (0 Any additional improvements listed within the Site Improvements Cost Estate attached hereto as Exhibit B. Construction Plans: Detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Developer for the approval of the City prior to issuance of i^^licable City permits. The Plans and Specifications shall conform to all current City standards for all applicable work and shall comply with the terms of this PUD Agreement. jction of Improvements: (a) Commencement Date - The construction of Improvements shall begin no later than (b) Completion Date - All Improvements shall be completed no later than Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance, the contractor shall first obtain a license from the City. Pre-Construction Conference - Prior to the start of any construction, the Developer and the Developer's Contractor shall meet with the responsible City official to review construction plans and schedules. (e) Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. P«8B4of 10 13. 14. Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Improvements include the following: Site Grading Permit; Utility Construction Permit; Sewer and Water Connection Permits. Developer is advised that an Erosion Control Permit must be obtained from the Minnehaha Creek Watershed District before commencing any grading activity on the site. Construction - The construciion, installation and materials shall be in accordance with the plans and specifications approved by tlie City. Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. Performance Deposit: For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or his General Contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 11 above. The amount of such deposit shall be 150% of the estimated improvement costs per the schedule to be attached to this document as Exhibit B. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than six months after the completion date specified in Section 11 above. Fees and Expenses: The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regaid to ^e review and approval of the Improvements including, but not limited to, direct City payroll and overtiead, costs, and fees paid to consultants and other professionals, which are not covered by City triplication fees. Mainteiuuice . The Developer shall be responsible for maintenance of all privately owned Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such improvements have been granted to the City. Developer shall permanently maintain site lighting, signage and landscaping consistent with the approved Plans for said improvements. Developer shall be responsible for maintenance of all sewer and water lines that are defined as "connections" as indicated on the approved Utility Plan. Developer shall be responsible for ensuring that the appearance and design of the building are maintained per the approved building and construction plan, and shall be Pages of 10 L I _J 15. w. 16. responsible for ensuring that the site amenities and features as shown on the approved site plan are maintained per said plan. Developer Representations and Covenants. The Developer hereby makes the following representations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement The Developer reasonably expects to obtain financial resources sufficient to enable the completion of the Improvements. The Developer will, subject to the requirements of Section B - Installation and Maintenance of Improvements hereof, construct, operate and maintain the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads, parking facilities which are necessary in connection with the construction and such improvements. At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental reviews, licenses, and will be in compliance with the requirements of federal, state, and local authority. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations which must be obtained or met before the Improvements may be constructed. It is intended and agreed that the covenants provided in this Section shall be covenants tunning with the land not the owner or developer. City Repre.<entfltinns and Covenants: The City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and application of the Developer and will cooperate with the effort of the Developer to secure the granting of any permit, license, or other approval required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate exercise of the City’s discretion in considering any submittal or q)pUcation. P^doflO 4 mm 17. 18. 19. 20. 21. (c) The Property is zoned for purposes which include the Development as proposed. The City has issued all necessary commercial site plan review approvals for the proposed development on the property. Compliance. At any time and fiom time to time the Developer may request that the City provide the Developer a certificate certifying that that the terms and provisions of this Agreement have been compli^ with and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at tte option of the City shall be placed of record so as to give notice hereof to any subsequent purchasm and encumbrances of all or any part of the property. Notices: Whenever in this agreement it shall be required or permitted that notice or demand is given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or ^en deposited in the mail in accordance with the above. Notice to City Notice to Developer City of Qrono Cleric/Administrator P.O. Box 66 Crystal Bay, MN 55323 Parties may substitute notice provisions upon notice to other parties. Incorporation bv Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this a^oement by reference as fully as if set out herein in full. Disclaimer bv Citv: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, nutferial men, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or Page 7 of 10 r f'.. i m characto*, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. 22.Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against dl claims, damages, losses or expenses, including attorney fees, which the Chy, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Develqier, its employees, agents or sub contractors, whether or not caused in part by a party indemnified hereunder. 23.AtrJIl 1. ledv for Default: Defriult by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occiqumcy certificates or other authorizations issued by the City in cmmectifm with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relirf as the law may provide. 24.Right of Entry- The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 11. 25.Controlling Agreement. To the extent that there is any difference or ambiguity between this Planned Unit Develo[nnent Agreement and other agreements between the City and the Developer, this Plaimed Unit Development Agreement shall control. agr IN WITNESS WHEREOF, the City nnd the Developer have caused this t to be duly executed on the day and year first above writteiL CITY OF ORONO r*> V By: (Mayor) By: (City Clerk) P^loflO V. >4 DEVELOPER - Berkshire Properties By: Its: Reviewed for Administration: Date; ■ tu This instrument was drafted by: City of Orono 2750 KeUey Parkway P.O. Box 66 Crystal Bay, MN SS3S6 T* r jv*.. • !*- i' -v'w r«raKi i i n -'; ,J- By:. (Planning Director) By: (City Administrator) If*.X A' ‘m ■■-■n -H ■ 4>f w- ^ r .r'^ .Plkfi, P^9of Ik. II STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this __ day of f 2004 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 The foregoing instrument was acknowledged before me on this __^day of ^ 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,20 personally appeared before me, ____^o is personally known to me ____whose identity I proved on the basis of ____whose identity I proved on the oath/affumation of ,a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed die same as his/herAhcdr free act and deed. Notary Public Page 10 of 10 >i: 11 BITA PLANNED UNIT DEVELOPMENT NO. 4 ATTACHED PLANS Sheet A1 Sheet A2 Sheet A3 Sheet A4 Sheet Cl Sheet C2 Sheet LI Site Plan dated 2-11-04 First Floor Plan dated 2-11-04 Second Floor Plan dated 2-11-04 Elevations dated 2-11-04 Grading, Drainage, Erosion Control, and Utility Plan dated 2-10-04 Plan/ProlUe Utility Plan dated 2-10-04 Landscaping A Lighting Plan dated 2-23-04 .'f V-- mwm J-* ■-'‘hvW: -t mi mm cSp-m-« f-: »vr^iPT/'7,^ ’>V fc,r ■ r •A-i* •■• ■■ • •• ^ '’V WW WV Lv^'I'* “r1 V- 3 ■'■■ i t ■' i l/jl Bonestroo gjg l^osene V ■ Anderlik & * vl* Associates Engineers & Architects EXHIBITS (1 AnderNli and Asioclactifl, Inc. If an Affirmallvc Acclon/Equat Opportunity Employer■oneitroo. Iloiena, AndarNli and and Cinployet Owned Princlpaii: Otto G. lonestroo. PJL • Marvin L SorvilA PX • Glenn U. Cook. P.E. • Pobert G ScHunlchi. PX • Jerry K tourdon. PI. • Mart A. Hansen. P£. f enier Cansultanti: ffolHKt W. ffosene. PX • Joseph C AndcrNk. PX • Richard X Ibrner. PX • Susan M. Ebenia CAA. Afloclate Principals: telch A Gordon. PX • Roben R. Pici/erle. P£. • Richard W. foster. PX • David O. Loslioia. PX • Michael T. RauCmann. PE. • Ted X field PX • Kennedi P Anderson. Pf. • Mart X Rolfs. PE. • Oavid A. Bonmuroo. MJ.A • Sidney P. WMRamson. PX. LX • Apnes M. Rina M.XA. • AHan Rkk Schmidt PX • Thomas W. Peterson. PC • James R. Mafand. PX • MUes X Jeruen. PX. • L PMMp Gravel IN. PX • Daniel J. Cdgeriorx PX • Ismael Mariinef . PX. • Thomas A Syfto. PX • Sheldon J. Johnson • Dale A Grove. PX • Thomas A Roushar. PX • Robert j. Oevery. PX Offices: St Paul. St. Cloud. Rochester and dfUtnar. MN • MHwaukte. W1 • Chicago. A VMbsItt: wwwMiesiroocom Februaiy 16,2004 Ms. Janice Gundlach Planner City of Orono Post Office Box 66 Ciyatal Bay, MN 55323 Re: Professional Center II File No. 139-04-000 Plat No. 04-2984 Dear Janice: We have reviewed the revised (2-10-04) grading, drainage and erosion control plans for the Orono Professional Center n building. The site is located along the south side of Kelley Parkway, north of TH 12 and east of Old Crystal Bay Road. We have the following comments with regards to engineering matters: The storm sewer calculations are acceptable. We recommend that a catch basin be added east of CB-4 to help facilitate the collection of drainage east of the parking island. The silt fence along the southerly boundary should be extended easterly and northerly to protect against sediments getting into the MnDOT ditch. We have estimated the cost of site improvements to be $197,425, a copy of the estimate is attached. The applicant should provide the city with a financial guarantee for 150% of this amount or $296,138 prior to any work on site. The financial guarantee should be in the form of cash or a letter of credit If you have any questions please call me at (651) 604-4863. Yours very truly, BONBSTRCX), ROSENE, ANDERLIK & ASSOCIATES. INC. •: X \. >. 1 -'A < »♦ 3 . •> 1 J EXHIBIT B a ■: K (L »f *0 CITY OF ORONO PROFESSIONAL PROPERTIES II COMMERCIAL SITE DEVELOPMENT PLAT FILE NO. 04-2984 SITE IMPROVEMENT COST ESTIMATE: EST. _____________ITEM______ UNIT QUANTITY UNIT EST. PRICE COST Mobilization Site grading Common exc^*'3tion Select granular material Aggregate base. Cl. 5.100% crushed Type 31 bit. base course Type 41 bit wear course Bituminous material for tack Concrete curb and gutter Landscaping Concrete walk 4" DIP 8" DIP 4" gate valve & box 8” gate valve & box Connect to existing water main 12" RCP storm sewer 15" RCP storm sewer Storm catch basin w/casting Storm catch basin MH w/castIng 6" PVC sanitary sewer Sanitary sewer cleanout Connect to existing sanitary sewer Silt fence LS LS CY CY TN TN TN GL LF LS SF LF LF EA EA EA LF LF EA EA LF EA EA LF 1 1 3200 1900 1900 790 480 300 1500 1 2560 145 140 1 1 1 257 197 2 2 140 1 1 700 $5,000.00 5.000. 00 5.00 16.00 11.00 32.00 35.00 1.00 8.00 25,000.00 3.00 18.00 25.00 600.00 1.000. 00 1,000.00 25.00 30.00 1,200.00 1.500.00 23.00 300.00 1.000.00 3.00 Estimated Construction Cost -r-50% Security Deposit Total Security Deposit Required T * f - ■: V ■ m.»rs > $5,000 5.000 16,000 30.400 20,900 25,280 16,800 300 12,000 25,000 7.680 2.610 3,500 600 1.000 1,000 6,425 5,910 2.400 3.000 3,220 300 1.000 2.100 $197,425 98,713 $296,138 ,«v: •> I . ■ • : i. L if\i Bonestroo g^Rosene Ancterfik & |\|| Associates Engineers ft Architects EXHIBIT B t%sX iS^2335 West HIgr.way 36 • St Paul. MN 55M3 \0 ^ ^ / Office; 65I-636-4600 • Fax: 65I-636-I3II wwwi>onestroo.com April 27,2004 O/.- Ms. Janice Gimdlach Planner City of Orono Post Office Box 66 Crystal Bay, MN SS323 % Re: Professional Center n File No. 139-04-000 Plat No. 04-2984 Dear Janice: We have revised the estimated cost for site improvements to include the construction of the proposed bituminous trail. The new estimated cost for site improvements is S206,800; a copy of the estimate is attached. The applicant should provide the city with a financial guarantee for 150% of this amount or S310,200 prior to any work on site. The financial guarantee should be in the form of cash or a letter of credit. If you have any questions please call me at (6S1) 604-4863. Yours very truly. BONESTROO. ROSENE, ANDERLflC Sc ASSOCIATES. INC. /C7^ Tom Kellogg i Attachment Cc: Greg Gappa, City of Orono J* • I • • .% V • *• ••• « • ■ . • • • • ; <••••• • •• . , SI . .. .. t »• » s- •-4 • . •••!. ji • *#, • • • St Pai^« St Cloudy Rocnesier. Witfmat MN • MMwsNilcee. Wl • Chicago. IL pi’ 'j? ^ ri .. 7.V ,«.it ?.f I i.‘ It ..‘1 rri '■ exhibit b wm' ^ r CITY OF ORONO PROFESSIONAL PROPERTIES II COMMERCIAL SITE DEVELOPMENT PLAT FILE NO. 04-2984 SITE IMPROVEMENT COST ESTIMATE: ITEM UNIT EST. QUANTITY UNIT PRICE Mobilization Site grading Common excavation Select granular material Aggregate base. Cl. 5,100% crushed Type 31 bit. base course Type 41 bit. wear course Bituminous material for tack Concrete curb and gutter Landscaping Concrete walk Bituminous trail 4 ” DIP 8" DIP 4 ” gate valve & box 8" gate valve & box Connect to existing water main 12" RCP storm sewer 15" RCP storm sewer Storm catch basin w/casting Storm catch basin MH w/casting 6" PVC sanitary sewer Sanitary sewer cleanout Connect to existing sanitary sewer Silt fence LS LS CY CY TN TN TN GL LF LS SF LF LF LF EA EA EA LF LF EA EA LF EA EA LF Estimated Construction Cost *•*50% Security Deposit Total Security Deposit Required m -i. i -’li 4 i i 1 1 3200 1900 1900 790 480 300 1500 1 2560 375 145 140 1 1 1 257 197 2 2 140 1 1 700 $5,000.00 5.000. 00 5.00 16.00 11.00 32.00 35.00 1.00 8.00 25.000.00 3.00 25.00 18.00 25.00 600.00 1.000. 00 1.000.00 25.00 30.00 1,200.00 1,500.00 23.00 300.00 1,000.00 3.00 **r*!*i*i«j«*«‘«**j*j«j*j»j*?*j*t*!2*X EST. COST $5,000 5.000 16.000 30.400 20.900 25,280 16,800 300 12,000 25,000 7,680 9,375 2,610 3,500 600 1.000 1,000 6,425 5,910 2.400 3.000 3,220 300 1.000 2,100 $206,800 103,400 $310,200 % V % tf y':i. .* ^ ^J,'. IV > ^ tv L \ 5 -. X'. 3n / , t M4.29M Pcbriury 17,2004 PagcloTO Date Application Rccdrcd: l*21-04 Date Application Contldcml as Complete: 2-11-04 (0-Day Review Period Expires: 4-11-04 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From:Janice Oundlach, City Planner Melanie Curtis, City Planner Date: Subject: February 13,2004 H04-2984, McCarthy Construction on behalf of Berkshire Properties, 2745 Kelley Parkway - Commercial Sit: Plan Review - Public Heatinii Zoning District: Lot Area: Lot Width: B-6, PUD Planned Unit Development (2 acre minimum) 2.56 acres (111,308 s.f.) 376 feet Apptteation Summary: Applicant requests a commercial site plan review in order to obtain a building permit to construct a 36,000 square foot medical office building. Stqff Raeommtndation: Staff recommendations approval of a commercial site plan review with the following stipulations: 1. A revised parking plan shall be submitted showing a 20’ parking setback from Highway 12 and die revised parking stall arrangement required to achieve this, prior to City Council review. 2. Submittal of the shared parking and access arrangement documents prior to City Council review. 3. A revised landscape plan shall be submitted prior to City Council review which incorporates the comments contained in this report. Pertinent Zoning Ordinance Sections Section 78-792. Review of Building Permit Application. All applicants for a building permit shall be reviewed by the council and referred to the planning commission for review. Section 78-793. Permitted Uses. Within any B-6 highway business district, no structure or land shall be used except for one of the following uses or uses deemed similar by the council: (1) offices (business and professional). Section 78-797. Area, Height, Lot Width. Setback Requirements and Design Requirements. "'1 #04-2984 February 17.2004 Page 2 or 0 Lbt of Exhibits Exhibit A- Application Exhibit B- Site Plan Exhibit C - Landscape and Lighting Plan Exhibit D - First Level Floor Plan Exhibit E - Second Level Floor Plan Exhibit F - Building Elevations Exhibit O - Grading, Drainage, Erosion Control, and Utility Plan Exhibit H - Plan/Pit>rile Utility Plan Exhibit I •> Plan of Surrounding Development Exhibit J - Property Owner’s List Exhibit K- Plat Map Background In November of 2002, Professional Properties of Orono, Inc. received approval for the dental ofTice building that exists just to the west of the applicant’s property. During this time the applicant’s property was platted and given an address with the expectation that the site would develop as Phase E(. The applicant’s current proposal is in accordance with those expectations and is proposed as a medical office building to be known as Orono Professional Medical Building IL PUD Designation The PUD, Planned Unit Development designation originated at the sale of the property Just to the west where the dental building is currently under construction. Professional Pn^ities of Orono, Inc., the owners of the dental building bought the property from the City who required that any development of the lot be brought to the City with a PUD designation. This allowed the City to have more control over the development and design of the site. Because the applicant’s property was platted simultaneously with the property to the west it was conditioned that the PUD designation be required at the time of development of this site. LOT ANALYSIS WORSHEET Lot Aroa/Wldth B-d»PUD Lot Area Lot Width Required 20,000 s.f. (2.08 acre)100’ Actual 111,308 s.f. (2.56 acre)376 ’ m-2M4 February 17,2004 Page3oT6 B-6, PUD Required Existing Proposed Front (Kelley Pkwy)45’n/a 153’ Rear (Hwy 12)45’ (1.5 X buiiding height)n/a 45’ Leftside 10’n/a 143’ Right Side 10’n/a 30 ’ Structural Coverage Because the propeity is in excess of 1.99 acres it is not subject to the 15% structural coverage requirement established under Section 78-1403 of the Zoning Ordinance. The proposed two-story footprint is 18,000 square feet for a total of 36,000 s.f. of floor space. The anticipated use of the building is for medical offices and proposed floor plans are attached as Exhibits D and E. The building will comprise approximately 16% of the site. Hardcover Calculatioiu and Green Space The subject property is not located within 1000 feet of an ordinary high water level of a lake, pond or flowage or within 300 feet of a river or stream and is therefore, not subject to any hardcover restrictions. The B-6 zoning standards do not specifically outline a green space requirement; however staff has consistently expected a minimum of 25% with all new commercial development. The dental site to the west was held to a 25% green space figure and the applicants have submitted plans depicting a green space amount of 28.9%, well within the expected 25%. Parking Location. The property is surrounded on the east and west sides by properties zoned B-6. The property has frontage on Kelley Parkway to the north (zoned Residential), and Wayzata Boulevard to the south (zoned Industrial). The setbacks for parking shall be 20’ at the fronts and 5* for interior side yards. The proposal meets the 20’ setback to Kelley Parkway and the 5’ setback at the interior easterly yard. There is a shared parking arrangement with the dental building to the west, so the construction of the parking lot will appear contiguous of the parking lot to the west and a 5’ parking setback would not be required. The site plan does not meet the 20’ required parking setback along Highway 12. The applicant must revise the site plan to show a 20’ setback to Highway 12 prior to City Council review. J L. •04-2984 February 17,2004 Page 4 of 6 Number of Parking Stalls. Required s l per 200 f.f. of floor area (Net = 36,000 s.f. -10% s 32,400 s.f. /200 = 162 stalls required) Total stalls required = 162 Total stalls proposed = 157 (5 are proof of parking) To meet the 20’ required yard at Highway 12, mentioned above, the parking will be reduced by 3 stalls. The applicant has stated that 3 proof of parking can be incorporated into the revised plan. Staff finds that an additional 3 proof of parking stalls is acceptable to achieve the 20* required parking yard. 5 proof of parking stalls are proposed in total and 157 stalls will be constructed. Staff Hnds the 5 proof of parking stalls is acceptable and these parking stalls would only be constructed if necessary to meet parking demands. SurCMC Water Management The applicant submitted a Grading, Drainage, Erosion Control and Utility Plan for review by the City Engineer and is attached as Exhibit G. The applicant has supplied the City Engineer with a drainage area map and storm sewer calculations. All storm water will be directed, via pipe, to the storm water retention pond to the east. The City Engineer has reviewed all plans as they relate the storm water and finds them to be acceptable. Sanitary Sewer and Water Services The applicant has provided the City Engineer with a profile view of the proposed sewer. Hie site will connect to City sewer and water services from the existing stubs along Kelley Parkway. The City Engineer has reviewed all plans as they relate the sanitary sewer and water and finds them to be acceptable. Road and Pedestrian Access The property fronts on Kelley Parkway and Highway 12 and the site will be addressed off Kelley Parkway. The lot is considered a through lot due to parallel frontages. In determining setbacks, staff required both frontages to be considered front yards to ensure adequate site lines from the roadway. The property will have 2 accesses off Kelley Parlway. The most westerly is the shared access with the dental building and a new access, aligned with the public works driveway. The City Engineer has reviewed these access arrangements and finds them acceptable. The City has not received a copy of the shared access agreement, which will be required prior to City Council review. The applicant will be required to extend the existing 6 foot concrete sidewalk, from the dental building to the west, to the eastern property line. This provides pedestrian access from the existing trail along Old Crystal Bay Road, cast along Kelley Parkway. Subsequent development of property east of the subject property will also be required to extend the concrete walk to allow pedestrian access. Signage The subject property has 376 feet of road frontage on both Kelley Parkway and Highway 12 fw a total of 752 feet of frontage. Thus, the site is permitted one square foot per foot of frontage, with each individual sign being limited to 100 square feet and setback 10 ’ '"naiTiri I f ■ramr f • •04-29M February 17,2004 PageSorO from all property lines. The applicant has proposed a single monument sign to be located at the south east comer of the property, 20’ off the property boundary and viewable from Highway 12, to match the signage at the dental site to the west. No sign is proposed at the Kelley Parkway access. The applicant shall be required to obtain a sign permit prior to installation to confirm that all signage regulations outlined in Section 78-78-1468 are met. Landscaping Plan The applicants have submitted a landscape plan attached as Exhibit C. The plan proposes 5 maples, 4 ashes, 8 spruces, and 8 crabapple trees to be distributed around the perimeter of the site (25 trees total). Goldflame Spirea, a landscape shrub, is proposed along the building and within the landscape islands. Section 78-797 (8) lays out specific landscaping requirements for properties located with the B-6 zoning district. The following is a list of requirements which need to be incorporated into a revised landscape plan prior to City Council approval: • An underground irrigation systems shall be installed and maintained, • The trash receptacle shall be screened, • 11 trees of at least 2 Vi inches in caliper shall be incorporated into the landscape islands, • A landscaping estimate shall be submitted to the City in an amount equal to the percentage requirement outlined in Section 78-797, and • A landscape performance security shall be required, prior to Council approval, at an amount equal to 116 times the value of the landscaping. Lighting The B-6 Highway Commercial District does not require specific lighting requirements; however the applicants are required to comply with City Code Section 78-1573, which governs light transmission. The applicants have proposed a lighting plan that has been reviewed by the City Engineer and Planning Department staff and have deemed it appropriate. The lighting fixtures will match those on the dental site to the west. Building Quality and Materials The type and color of the exterior building materials are proposed to match the dental building to the west. An elevation is attached as Exhibit F. The applicant has proposed rock face block for the base, brick throughout the facades, and an eifs material will run along the top of the building. The applicant has proposed a flat roof. Planning Department staff feels the buildings exterior is acceptable and a pitched roof would make the building appear taller. All other materials, including windows and columns, will be required to match the dental building to the west. The Planning Commission should discuss the design of the building and determine if the proposed flat roof and appearance are acceptable. Connectivity to Surrounding Developnient The reason for the PUD, Planned Unit Development designation was to ensure congruity to the surrounding commercial development. With the construction of 160 units of townhouses the commercial pieces along Highway 12 will all develop in the near future. in 11 I Mi'ilftriii J 1 •04-2984 February 17.2004 Page 6 or 6 The plan attached as Exhibit I shows how commercial pieces only the northern side of Midway 12 are tentatively proposed to be developed. The Planning Commission is encouraged to discuss the sites relationship to the area and determine if anything further could be incorporated into the plan. Staff finds that a congruence of building materials and color, along with the shared access and paiicing arrangement allow this proposal to fit well with the surrounding development. Issues for Consideratioii 1. Are the 5 proof of paiicing stalls acceptable? 2. With the incorporation of 11 trees into the landscape islands, will the landscaping be adequate? 3. Is the appearance (materials and color scheme) of the building and the flat roof acceptable? 4. Does the proposal fit well with the surrounding development along the northern half of Highway 12? 5. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the commercial site plan review subject to the following stipulations:- 1. A revised parking plan shall be submitted showing a 20 ’ parking setback from Highway 12 and the revised parking stall arrangement required to achieve this, prior to City Council review. 2. Submittal of the shared parking and access arrangement documents prior to City Council review. 3. A revised landscape plan shall be submitted prior to City Council review which incorporates the following: a. An underground irrigation systems shall be installed and maintained, b. The trash receptacle shall be screened, c. 11 trees of at least 2 inches in caliper shall be incorporated into the landscape islands. d. A landscaping estimate shall be submitted to the City in an amount equal to the percentage requirement outlined in Section 78-797, and e. A landscape performance security shall be required, prior to Council approval, at an amount equal to 1 times the value of the landscaping. CITY OF ORONO • GENERAL LAND USE APPLICATION Application# ^ Date Receive! Amount Paid foCX>^ erp p£) PROPERTY LOCATION Site Address ^"74 "5 P*-r t cUi-i ^ f S ^ B%: Type of Application to be Filed Property Identification Number (P.I.D.) APPLICANT Nam e < n U.«a C c»A-SHvg>TloA Phone (home). Address Phone(work) City__________Zip. OVWERJIfdifterartthanapElicant) , , .1,ikrR (If different than applicant) i Nam e 1?^rlgsK»rt^ yvc(i^<^"hg ^________________________ Phone (home)__________________Phone (work) 95~> ^-7 5 gO.S. O Address City______________Zip_______ Date Property Acquired I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - ________(month/year) . eitOtN. C^d^CtCCr\ <■ M $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) $600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $600.00 Land Alteration * Permit ___Grading and filling • designated wetland or floodplain ___Grading and filling - 501 cu. yd. or more Grading, seawall, retaining wails within 75' of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLJCATIONS .'^00.00'^ Commercial Site Plan Review (+ consultant fees) $6001R) Vacation $600.00 Easement Vacation $100.00 Easement Vacation With Subdivision $600.00 Rezoning (PUD - refer to fee schedule) $600.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule* •• J«*. . iJ *•\ /■. ;n / ’ . .'v: O..V /‘I j 1 •• t* t V' »• ! / • % Nt; vL.r-..Lxi *»‘L REQUIRED SUBMITTALS 1. 2. 3. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance. A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest In the property. This would include name(s) of applicant(s) if not current owneits). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_____________ Date APPUCANTS SIGNATURE The applicant hereby agrees to provide all informatioivrequired or requested by the Zoning Administrator, agre^o pay addi^al Ws (st^tfme not covered by original fee payment) and/or unusuaj^l^nses inp(j^^ revi^ of this application, and certifies that the information suppHed is to tl^'^st of his/her knowledgj Applicant's signature Date /I2olo4 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. ^ ^ ^ ^________ Owner's signature Date Applicant must have all sbbmittala into'the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at aH scheduled review meetings of the Pianrting Commission and Council. If an appTicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the BuMing S Zoning Office of this change prior to the meeting. : ^ ' 1 . « . ' ' ' .■. -r^ ■ S : ‘ I • • ■'.' ■‘jK'v ,W.•i* - !.'■: '■ .■■ :.r W ,■. •• .1'. . V-. :-4v. •• • • • - tr- m WHC o CO mi o ■'V , ■ . - ;;r OtONO PKOFESSI ONAL CENTEt II 4•c wIflet > * M 4 C • T 4 ■ C « I ~t I C t I iMSt ac U nm Ik tt. M4M UA4. MN MJM fUMK lU-m-llll CeWT44gfj| ««C44rHV •OatTlVCfltM HIM 9mm IM ». mmrnmmt. m umj pJSm JX\u»tU9 ctvtt tutnitia f ■ /»•** 41« •ISO km m Orntm mrnm m SMu Pkmm. nj-Tt»-i04J ,»i»<K 1. •># • •*- - ’ ■. r. f - ,-# *■ k 4 M 4 I e t atCMIfteTt •Mi « UH SL8&Z ■ifli<r4«g an piAN A1 i--------------------A---------:^. ■ . ■■ -.. lAmm CO r"•,Ti" .i»ii,>.a '■ VV-. i-, i' % * ?ir*^ U. S. 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TO THE BEST OP MY KNOWLEDGE AND BBUEP. DATE BY P4QE:1 * pi i REQUEST FOR COUNCIL ACTION Date: August 17,200S COUNCIL MEETING AUG 22/005 CffVOFORONO Item Nu. I Department Approval: Name: Melanie Curtis ^ Title; City Planner Administrator Approval:Agenda Section: Item Description: Appeal Notice of Violation - Edward Pekarik Jr - 2990 Casco Point Road Zoning District: LR - 1C, One Family Lakeshore Residential List of Exhibits: Exhibit A - Notice of Violation dated 0S-24-0S Exhibit B - 2004 Aerial Photo and Site Photos as of 8-1 7-OS Exhibit C • Relevant City Code Sections Exhibit D - Property Owner’s Appeal Requests Application Summary: In response to a nuisance complaint, a property inspection was performed at 2990 Casco Point Road on May 23, 2005. At that time staff performed the site inspection, noted and documented violations with photos. The property owner was sent a notice of violation letter including the appropriate City Code sections. Staff performed two follow-up inspections. During one inspection sta^* noted that some of the violations had been corrected, and reviewed the remaining violations with the property owner. The property owner has requested an appeal of the violation notice regarding the expired or inoperable vehicles stored on the property. The property owner has submitted additional information attached as Exhibit D regarding his appeal. City Code Section 58-3 regarding junk vehicles and debris requires a vehicle stored outdoors on a property to be operable and displaying current license information. This code section is similar to ordinances found in other municipalities’ codes, and is certainly not unique to Orono. Staff Recommendation The property owner has worked with staff to remove most of the existing violations and a few of the remaining items on the site have been negotiated to extended deadlines with the exception of the vehicles in violation, and numerous vehicle parts. Regarding the vehicle parts, the property owner has indicated that his intention is to sell these items and was unwilling to provide staff with a deadline date for removal. The City provided the property owner with a deadline for appeal to (he Council or for removal or alternate storage of these items, that deadline was June 21. 2005. A reasonable extension was provided to the property owner, however as of today's date, the vehicle parts remain on the property in violation. Allowing for the outdoor storage of vehicle parts, junk and debris, and unlicensed or inoperable vehicles encourages blight. If need be, a property owner could store these types of items in an enclosed building and be within the City’s requirements. Diiiv’ The property owner has indicated that he would prefer to cover the items in violation with tarps, and has been unwilling to remove these items fiom die property. The items stored outdoors covered with tarps are still in violation and the next step for staff is to proceed with the enforcement action to have the vehicles and the other items in violation abated, or removed from the property. Staff would hire a towing service or contractor to remove the violations and the property owner would receive a bill for this service. Should the property owner choose not to pay the bill, the cost of the services would be assessed to the property taxes on the next assessment roll. COUNCIL ACTION REQUESTED Direct the staff how the violations should be addressed. Should the Council findings remain consistent with the notice of violation please provide the property owner and staff with a deadline for removal. . ■; V, ■I . • »I • \t ’ • ■ '■/• a V ; ,r-:. 5xW ‘(h'M Mty 24, ms Edward Pekarik Jr 2990 Casco Point Rd Wayzata, MN S5391 Re: City Code Violations at 2990 Casco Point Rd Property Identification Nnmber: 20-117>23-31*0038 As the result of a complaint and to follow up previous violation notices on May 23, 2005 City Staff performed a property inspection at the above address. During the inspection staff noted that materials and debris remain in exterior storage at the above addresses and specifically, the following violations of City Code Sections 58-1(a) and 58-3 were noted; /. Scrap Lumber (including thqt stored on trailer)^ 9K 11 I trt 2. TiresVljplAtiavl i. Rims—^ ^tl 4. Vehicle Axels Vo€y 2. 5. Pickup Truck Front End Cab -f ^11 |Vi . 6. Miscellaneous A utomobile Parts cK 11 I" 7. Plow Blades -A ^11 ^ 8. Scrap Metals 9. Clothes Dryer-^ ^ JO. Cylindrical Tank -♦ Hb Jl. Conduit aiui Electrical Wiring 4^0^^ 12. Pipes^ *1 • • 13. Miscellaneous Junk A Debris-^ ^*11 \/i*|«Ttrv» 14. Inoperable Passenger Car MN license 287LTB exp 3/05 j. . 15. Passenger Car (covered in tarp) MN license 133NNH exp 8/02-^ WU |V> V'lojAtten 16. Trailer MN license H29819 exp 2/03^t^ 17. 1986 Chevy P30 Van MN license YR59032 exp 2/04 - Curf€tnA , Ipo 18. Trailer MN licen.se CGT8082 exp 2/05 ” olt. 19. Trailer MN license CTB2315 exp 2/05'dP jvi • i 20. 1989 Chevy Suburban MN license GFN319 exp 4/05 O . Via\sLficr% uryjlik-hUt^ VievssUrtS CU-% vuy\H\owv\ y/itd. l I ' 4PfiH p>:; ’■ >: •" . V' 05-24^3 2990 Casco Point Rd P«te2or3 Thto letter will icrve ai yovr notke that the property must be brought into eonpliance by Jnne 21, 200S in order to avoid legal action by the City. In order to bring your property into compliance the above vehicles must be currently licensed and operable, and the above items must be removed from the property cr stored in an enclosed building by June 21, 2005. Please be advised, if you fail to correct the violations or request an appeal hearing before the City Council prior to the deadline, the City will correct the violations and the costs to do so will assessed against your property [C//e; City Code 58-I(c)]. Those costs will be certified to the County Auditor and will be collected in the same manner as special assessments against your property. Additionally, City Code Section 78-IS77(4Xa) requires that all boats stored on residential property must be owned by the property owner or a person residing at the property. During the inflection City staff noted five (S) boats stored in the rear yard of the above property. Only one of the boats was found to be regi«tere<^ tn the above ^dn^^ J'wo of the boats; tfa<199S Criscraft (h^ found to be registered 440^and thcp970 heoremises. Ine owi 1970 Runabout (MN2701 EE)|were tiuee of the b^s isregistered to owners not residing on the premises. 'n»e ownership ot three of the boatris indeterminate due to the shrink wrap tarp coverings; please provide documentation of the . ownership of these three boats for our records by June 21,2005. Additionally, any boat not registefed to the property address must be removed from the property by June 21, 2005 in order to avoid le^ action by the City. I have attached the pertinent City Codes for your reference. If you have any questions, please don’t hesitate to call me at 952.249.4627. Sincerely, CityofOrono Melanie Curtis City Planner Attached: City Code Sections 58*1 A 58-3 Certified Mail No. 7002 2410 c: US Mail 12 98813126 • H < '•jjSII >' I - E 1^, 05-24^5 2990 Casco Point Rd Page 3 of3 Sm. 58>1. MaintcBaace of private property. (a) It is the duty of the owner of every vacant property and the owner and occupant of every occupied property to m«ntain the property in a neat, clean and presentable manner free of any junk, debris, refuse, litter, deiul trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days' written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions in violation of this code section exist, the city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. (Code 1984, § 9.55; Ord. No. 191 2nd series, § 1,6-14-1999) Sec. St>3. Jaak cars, fbrallare, hoaschold faraishinp and appliances stored on public or private property. It is unlawful to park or store any unlicensed, unregistered or inoperable motor vehicle lacking essential parts, household furnishings or appliances, or parts or components, on any property, public or private, unless housed within a lawfully erected building. Any violation of this section is declared to be a nuisance; and upon seven days' written notice to the owner, as shown by the records in the office of the county auditor, of private premises on vriiich such material is found, the city may remove the vehicle and certify the cost of such removal as any other special assessment. For the purpose of this section, an inoperable motor vehicle shall be defined as lacking parts essential to operation, including but not limited to wheels, tires, motor, drive train, battery; or having two or more flat tires; or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. (Code 1984, { 9.50) % ■' ■' ii'.vl sr ■r- --------- - tf ■ 1 k^'.^ i»?iA 11^/fflf 1^ ?t^•-tla;.?:: >%-i \T .kJ »— 'i.’.'^s'^ [»,»•m. -J^- . j;iH i'i< \ V kmt iit: %''» flC,'Ar 7 ’ .r.w. -> >‘ m !»/2005.’ ■A / X . ifi'. r/ ^ JU /% I . ... %. *‘>t .r^V j^ v'. , ^. - V ^ .. ' •V ' JV*'-. V. • ' >. • ‘ .*v >> V f*^ V . ^ »!> *• V'^ V ' - :> \y -'(V vfc -r- V\ -■ •X \ - ’ s ^ V I) . ^ • / ■ .v' '“ .* l'^'' '. / ' ^•'i '■' i ' / ^ ;/ \if*'•Ji • “5T* £? ^'iii'S;| r • . ^ ^ k. '^^■1 ^ '• ’*n .^' • • *r;-T^» \r '^a .. z' '. j ‘■«i;\:.l W i i>* ^'"' ( 'L^ y* • Iv■ '7z V.’ ,.-<? t^j :^.* ir ‘a:- k m ii'ik \ \;I ^ .f'' •■♦7V 4 rt' - -3^v. [■^' ■:,WW 7^ ^ f •/A iL\ I'VJ Pw' >: mm m: "■ s'-^.’'■* . *'¥ -^>^y 1 iV" i '/“/rjS? -7 *^X'* 'v i^'*\ .■: \\-L.if 4. ..?'*' ^,\.r ■* *‘- Wl- mM^wm i m4 W’ I"’'• •/'» , ‘• 'vIS' •' • •• At. \- r k'/r V V ■ * I • r-"r- r: r \ \ ^ y ^ t\ '}^ •'.' ^) ;/,fi v V \ii / ; J f f:'4 V ,'?.'-'i.-' 7|^ ./ • 4 ti' dl / / A♦ /> A •' .s ^r* .r ' o.!<' ^ *±*: f- .1* 1^ |l _^Vj<V’''' ■•,■<•, ^ I ^ 4*^4 fs.s.-]^'V\>S' ■'■ s \ '%r. %'4% f:ki' ,; “i;*r . .|^,. iAu- <hV Xr.vfl4%^ “fci^K'' -•.' *■ 7. r-' _______’_ ' I V^V'•1 ‘•'v'5 ■ :r ' «»%«*> \ %\ yi WmULUImtr. . i.U H J f B ‘ &:.• '-. -i >> hf<a' iv A '- -^*1* -<»mMSr ^''5;m:.W'A i \ f> 1 ■•,4 y^' i\ , * * w jif* ^ ^ ^ V / •‘9-, P' JJljir. f Mf*S»WiJ_>.^3JWL^ . f. 7. . . j.. r1. > ^'-•^; ‘ /'; 4', £*-■ %J X.'.' >-•'V'" ; |; ' V * *' :4.1^1 pr>.- iJ^v. ■ iSv* ^V.- -rf ^-i4' av (■ 'rv I / ^ r f^' ■ |-,J/' 'te 4- ^ -w ":M i ..•^.; >";"3 S«c. (a) OCCUf prese weed (c) and VI by th< such . city m costc Sec. stores It is u vehicli comp< erects upon office thecit specia shall t to WtN having mannc Sec. 7 (4) boats ( stored residei boats) boats! years, on resi EXHIBIT C 8«c. 58-1. Maintenance of private property. (a) It is the duty of the owner of every vacant property and the owner and occupant of every occupied pioperty to maintain the property in a neat, clean and presentable manner free oi any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days' written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions m violation of this code section exist, the city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections ai> any other special assessment. Sec. 58>3. Junk cars, furniture, household furnishings and appliances stored on public or private property. it is unlaw^l to park or store any unlicensed, unregistered or inoperable motor vehicle lacking essential parts, household furnishings or appliances, or parts or components, on any property, public or private, unless housed within a lawfully erected buildirrg. Any violation of this section is declared to be a nuisance; and upon seven days' written notice to the owner, as shown by the records in the office of the county auditor, of private premises on which such material is found, the city may remove the vehicle and certify the cost of such removal as any other special assessment. For the purpose of this section, an inoperable motor vehicle shall be defined as lacking parts essential to operation, including but not limited to wheels, tires, motor, drive train, battery; or having two or more flat tires; or having the interior, including the driver's position, used for storage in such a manner that no person can operate the vehicle. Sec. 78*1877. Exterior atorage in R diatricte. (4) [Storage of boats and boat trailers.] Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for conunercial purposes: a. Licensing, operability and restorations. All boats stored outside on a residential property shall be licensed to the owner or occupant of the property. All boats stored on a property shall be in operable condition, except that inoperable boats under active restoration may be stored on a property for not more than two years, the intent being to discourage the long-term storage of inoperable boats on residential property. i b. Principal raaidencB required. No boat shall be stored on a property or on a group of contiguous commonly owned properties that does not contain a principle residence structure. c. Maximum length. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be stored on any residential prope^ except within a fully enclosed building meeting all applicable zoning and building code standards. Exception: Existing boats over 30 feet in length which are documented to have been stored on the property within the 24 months prior to the effective date of the ordinance from which this section is derived shall be allowed to continue such storage praclioe until the property is sold, and shall meet the setback requirements of this section. d. AKowed storage looahons. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1. Lakeshore tots. Boats may be stored in a side yard, street yard, side street ywd and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2. NonMreshore lots. Boats maybe stored in a side yard and rear yard; trailerable boats may be stored on trailers in a driveway in a front yard or side street yard. e. Required sethacf:s. Boats and unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than 15 feet from the principal residence structure on any adjacent lot. f. Screening. Screening is not required for outside boat storage when in conformance with this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. g. Dispute resolution. Complaints regarding boats stored in lakeshore yards and potentially impacting a neighbor's views of the lake will be referred to a dispute resolution committee, consisting of the planning director, the building official, and a member of the planning and zoning staff. mm 1 1 ToCityof.Oiono Attn: MdinieCuitiB .‘Monday June 20^ 2005 From Edward Pekarik 2990 Caaoo Point Road WayzataMN 55391 Pekarik f'. '?8J; ki Reaponae to your letter Dated May 24*. 20051 would like to make a general ap^ Am you and I diaeuased in a phone con veraation today we will have to work out the details of the anneaL. 1 would also like to know die necessary stqn involving die dianging or modifying of Qty codes. *< Hi n. ^ I ‘d H80*oN taaujss itj Kdie:> S002 -Or^nP To the City Of Orono Munictpal Offices 2750 KeUey Parkway .1^ M7-05 From Edward Pelcatik 2990 Casco Point Road. Reference Current city codes and current co^ violations. As you may be aware I have recently been working with Melanie Curtis in regards to existing co^ requirements. I am interested in attempting to find a way in which I can Work with die city and still be able to have and use my current possessions. It is by Melanie’s advice that in order to precede it would be necessary to file an appeal. It was my intent to come to a meeting on the 22"^ to discuss die current situation with City staff. I would like to explain and explore the circumstances along with how the existing codes currently read. It was my intention to seek out an amiable middle ground widi the intention of keqnng die breath of die codes I am not a city official. I do not know how to go about this. Tbsrefine I am also asldng the City sti^to be open to die conception process and be creative in assisting me with exploring options. I’m hopeful to receive a wdcome response to these requests. g an immediate answer or resolution at the meeting. iMi -I’d ■ ; COUNCILMEETING AUG 222005 REQUEST FOR COUNCIL ACTION OfTYOFORONO Date: August 18,2005 Item N«i./X- Dspartana t Approval:Adminittrator Approval: NaaM: Michael P. Oaffron TMe: Planning Director Agenda Section: Zoning Item Description: Agreenient for Vegetated Wetland Buffer Maintenance Between Orono and MCWD re: Willow View Subdivision ListofExhibitt A - Resolution Authorizing Execution of Agreement B *• Agreement C - Memo fix)m Attorney Rachel Igel on behalf of Willow View LLC D - Flowage, Drainage and Conservation Easement, Doc. /I7294749 Background When the Willow View plat (SW quadrant of Willow Drive and Co. Rd. 6) was developed, the developers were required to grant the City a Flowage, Drainage and Conservation Easement that placed limitations on the use of the wetland outlets. The developers were also required to execute similar covenants to meet their obligations to the MCWD widi regards to preservation and maintenance of wetlands. In order to avoid duplicity, the developers' attorney has worked vrith the MCWD, City staff and City Attorney to arrive at an agreement in which Orono and MCWD share the powers of entry, inspection and enforcement of the existing Easement. The proposed Agreement does not reduce or limit any existing City authority, but functionally allows MCWD to exert equivalent authority with regards to the Easement provisions. The City Attorney has reviewed the proposed Agreement and recommends approval. Staff concurs. COUNCIL ACTION RF .' UESTED Adopt the attached Resolution "Authorizing Execution of the Agreement for Vegetated Wetland Buffo Maintenance Between the City of Orono and the Minnehaha Creek Watershed IXstrict". J A RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT FOR VEGETATED WETLAND BUFFER MAINTENANCE BETWEEN THE CITY OF ORONO AND THE MINNEHAHA CREEK WATERSHED DISTRICT - PLAT OF WILLOW VIEW WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council”) has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council qjproved the plat of “WILLOW VIEW” via Resolution No. 4457 on April 24, 2000 subject to the developer filing a Plowage, Drainage and Conservation Easement limiting use of the wetlands within the aforesaid Plat, su:h Easement recorded with the Office of the Hennepin County Recorder as Document Number 7294749; and WHEREAS, the City of Orono and the Minnehaha Creek Watershed District desire to share certain authority granted in said Easement per the provisions of an Agreement to be executed by the City of Orono and the Minnehaha Creek Watershed District, said Agreement to be entitled “Agreement for Vegetated Wetland Buffer Maintenance Between the City of Orono and the Minnehaha Creek Watershed District. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to execute on behalf of the City of Orono the “Agreement for Vegetated Wetland Buffer Maintenance Between the City of Orono and the Minnehaha Creek Watershed District”. Adopted by the City Council of the City of Orono, Mirmesota this 22"^ day of August, 2005. ATTEST: Luxla S. Vee, City Clerk Barbara A. Peterson, Mayor A AGREEMENT for VEGETATED WETLAND BUFFER MAINTENANCE BETWEEN the CITY of ORONO and the MINNEHAHA CREEK WATERSHED DISTRICT This Agreement is entered into by the City of Orono, a statutory city and political subdivision of the State of Minnesota (“Orono”), and the Minnehaha Creek Watershed District, a unit of Minnesota government with purposes and powers including those set forth in Minnesota Statutes Chapters 103B and 103D (‘MCWD”), for the purpose of coordinating enforcement of vegetated wetland buffer maintenance requirements of the Willow View subdivision in the City of Orono, Hennepin County, Minnesota. WHEREAS Orono is a city located in Hennepin County with purposes including the furthering of the public health and welfare, including the management and protection of wetland resources w:thin its borders, and municipal land use, police and property powers to achieve those purposes; and WHEREAS the MCWD is a watershed district with purposes set forth at Minnesota Statutes §§103B.20I and 103D.20I, which include the management and protection of wetland resources within the watershed, and police and property powers to achieve those purposes under, inter alia, Minnesota Statutes §§103B.211,103D.335 and 103D.341; and WHEREAS Permit 00-024, issued by the MCWD for the development of the Willow View subdivision, requires the perpetual maintenance of vegetated buffer adjacent to site wetlands; and WHEREAS the purpose of this Agreement is to protect wetland resources by authorizing the MCWD to participate in monitoring and enforcing vegetated wetland buffer preservation requirements on lands lying within both Orono and the MCWD. THEREFORE Orono and the MCWD enter into this Agreement on the following terms: 1. On May 4,2000, the Office of County Recorder, Hennepin County, Minnesota received for filing as Document 7294749 a “Flowage, Drainage and Conservation Easement Agreement and Waiver of Danuiges” executed on behalf of Willow View Developers, LLC in favor of Orono as grantee (“Easement Agreement”), Attachment A hereto and incorporated herein. The Easement Agreement prohibits Willow View, LLC, and its heirs, successors, representatives, grantees and assigns, in perpetuity, in engaging in certain land uses and alterations adjacent to wetlands within the Willow View plat located in the City of Orono, Hennepin County, Minnesota, and authorizes Orono to enter the property to inspect and enforce* its terms. 2. The parties agree that the MCWD, to the extent it possesses those same or similar powen under its statutory authority, will share with Orono all powers of entry, inspection and enforcement held by Orono under the Easement Agreement with respect to the lots listed on Attachment B to this Agreement, incorporated herein. e> ( 3. The entry, inq)ection and enforcement actions taken by the MCWD under this Agreemrat will be taken wholly at the MCWD’s discretion and cost. This Agreement does not diminish Qrono’s ability to enforce any term of the Easement Agreement, nor does it diminish any other authority either Orono or the MCWD may possess apart firom this Agreement 4. No joint powers board is established by this Agreement and the parties do not intend any form of joint and/or several liability to attach to any action of a party hereunder. Each potty to diis Agreement acts hereunder pursuant to its own powers and discretion and not as the rq;>resentative or agent of the other. The MCWD agrees to hold harmless, deftnd and indemnify Orono with respect to any claim, cause of action, cost, damage or liability that arises from and to the extent of an action or iiuiction by the MCWD that is a basis for MCWD liability. Orono agrees to hold harmless, defend and indemnify the MCWD with respect to any claim, cause uf ticUoa, cost, damage or liability that arises fiom and to the extent of an action or inacuon by Orono that if- a basis for Orono’s liability. S. This Agreement provides for no disbursement of funds. Each patty will bear its own coats of administering and acting under this Agreement. 6. The patties will communicate to ensure the sound administration of this Agreement widi respect to both any individual inspection or enforcement action and activity under foe Agreement generally. 7. This Agreement will be effective for five years from the date of full execution, and will renew automatically for additional five-year terms unless terminated by agreement of the partiea. All amendments to this Agreement must be in writing 8. The above recitals are incorporated herein. IN WITNESS WHEREOF, the parties have executed this Agreement MINNEHAHA CREEK WATERSHED DISTRICT Date: Its President iSi. 'mi APPROVED AS TO FORM AND EXECUTION Smith Parker, P.L.L.P. -1PI "- • . =■ hmrn, I I • ^ CITY OF ORONO Its Mayor : \ .; ■■■■^‘- ■ .■ r ■,•.■■<•*;. muv'M ■^- r'. '..vs'l • .;.f Date: APPROVED AS TO FORM AND EXECUTION Thomas Barrett, City Attorney mmmfm w J WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW WILLOW VIEW 1 ATTACHMENT B OUTLOTB OUTLOTC 001 001 002 002 002 003 003 003 004 004 005 005 006 006 008 009 010 011 012 001 002 001 002 003 001 002 003 002 003 001 003 001 003 001 001 001 001 001 NHIwOtfllrofi <1-/ Prom: To; Subfoct: Molanie Curtis Tuosday, IMay 24,2005 9:29 AM Mika OafTron FW: Background on Willow View, Minnetrista IM-MCWD Ofono wiowviewau... ——Origins! Message—— Froai: Rachel Igal (eailto:rachel9igellaw.com] Sent: Nednesday, May 04, 2005 6:20 PM To: Melanie Curtis Subject: Background on Hillow View, Minnetrista Hi Melanie: Below please find an outline of the history surrounding the request for the City of Orono to sign a Joint Powers Agreement (JPA) with the Minnehaha Creek Watershed District (MCNO) for the outlets located in the Willow View residential development. The developer, Willowview Developers, LLC, originally worked with the City of Orono to expand/improve existing wetland and buffer areas and create new wetland and buffer areas through out the development of Willow View. As part of the City's approval process, the City in April of 2000, in its Developer's Agreement for Willow View, required the developer to sign conservation easements and maintenance agreements for these same areas. The MCND also requires permits for such a development with similar types of conservation and suilntenance obligations. However, MCWD was not involved in the City's process. Because Willow View is located in the jurisdiction of the MCWD and the MCWD has additional authority through the Wetland Conservation Act, MCWD is requiring that the developer record preservation declarations and maintenance agreements for these same outlets. The problem is such agreements would be duplicative and potentially Inconsistent with the agreements already signed by the developer and Orono. The developer has spent the last several months working with MCWD to resolve their concerns. Through these discussions, MCWD has determined it is willing to enter into a JPA with Orono to provide MCWD with additional rights through the previously signed conservation easements. Their attorney drafted a JPA, which I forwarded to you earlier, for Orono to review and coonent on. Presuming we can develop a document that is satisfactory to all three parties, the resolution would be for all to sign the JPA, thereby giving MCWD the rights required under their pensit. Please let me know if you need further clarification or if you would like me to talk directly to your attorney. Thank you for all of your help on this matter. Sincerely, Rachel A. Igel Igel Law Office 501 Big Woods Blvd. Suite 1000 Chanhassen, MN 55317 rachel6igellaw.com 952.380.1400 (o) 612.275.3322 (c) wm0r^- "" /; '*r' Page 1 of 2 ^-2. MIto Oafliron From: Thomas J. Barrett [TBafrettOHINSHAWLAW.COM] Sent: Thursday, Jurre 02,20051:45 PM To: Mike Oafliron 8ufe||eet: MCWD-Orono JPA Mika- I have reviewad the attached agreement it is now a contract rather than a joint powers agreement i recommend approval as to form. As to substance, tt seems unremarkable, but notice that it Is a contract without a set term; unless both parties agree to terminate it at the five year mark it automatically renews. Be sure that is ok with you as a policy matter. Tom. Thomas J. Barrett Hinshaw & Culbertson LLP 3100 Campbell MNhun Tower MInneapoM s , MN 55402 612-334-267S Fax: 612-334-5506 — FWwanMb|rTlioniMj.BiiraWHC26on0602aoOS01;3ePM XhlMfe HMHIM'' <HlSWMIl||llllSllMrtMf.COIW» OMIOOMMJOPM To: <Oor>MiOreMiiowlowxoffl> oc <jeyfonOmlnn«lnliKrook.oai> Subjoct MCVWMkonoJPA Tom: Attached are redUned and dean versions of the revised agreement eliminating references to a JPA. Presuming the document is now aooaptabie, pis advise as to the tinreiine for city council review and execution. Ifthereare matters still to discuss, let me know. Thanks much. Chuck Hoitman Smith Parker, PUP 808 CofweH Building 123 North Third Street Minneapola MN 56401 (ei2)278-1405 «Agreemt * MCWD & Ororx) WHIowView (redi) 6-1-05.doc» (dean) 8-1-05.doc» «Agreemt • MCWD & Orono Willow View Hiuhaw 4 Cutertaoo LLP is ao Illinois tegittered limited lisbilHy partiMnbip llxd lue tltcted to be fovanwd ^ ihs Illinois Unifbnn minoas W' b > «.V- •> FLOW AGE, DRAINAGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this^<^^** day of /----. 2000, by and between Willow View Developers, a Minnesota Limited LiabUity Company and its heirs, assigns, and successors (hereinafter collectively referred to as the Grantor(s) and the City of Orono, its successors and assigns, a municipal corporation under the laws of the Slate of Minnesota (hereinafter referred to as the Grantee.) WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($ 1.00) and other valuable consideration hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described land in the County of Hennepin and State of Minnesota: Outlots B and C, Willow View, Hennepin County, Minnesota, together with those drainage and utility easements as dedicated on the plat thereof. as follows: 1. Grantor(s) hereby COvenant(s) and agree: A.No structures shall be constructed, erected or placed upon, above or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land. B No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land excq>t as authorized by written consent of Grantee. C.No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and tlierc sliall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D.No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be plac^, dumped or stored upon the Land. E.No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F.Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the I.«nd. G.Notwithstanding anything to the contrary, the Grantee consents to the grading, dredgLig, soil correction work and the installation of streets, sewer water and storm sewer consistent with those plans approved by the Grantee pursuant to the Developers Agreement for W'Uow View dated between the Grantee ai^ Grantor, including any subsequent amendments thereto. H. V t Notwithstanding anything to the contrary, the Grantee consents to the construction of a hard sur&ce driveway crossing the ten foot drainage and utility easement where it abuts Outlot A. Further, the Grantee consents to the construction of a liard surface driveway across the drainage and utility easements on Lots 6 and 9, Block 1, Willow View, providing that to the extent any wetlands are impacted, all necessary permits are first obtained. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and aU claims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify tl^t the land herein described are fiee and clear of all encumlHnnces except: None. All provisions hereof shall run with the land and shall extend to and bind the heirs, successors. M f ^11 wi lar Lfi • •# represent9tives, grantees or assigns of Uie respective parlies hereto. WILLOW VIEW DEVELOPERS. LLCWILLOW VIEW DEVI By: ------- Its STATE OF MINNESO j'A ) )SS. COUNTY OF ) This instrument was aduiowledged before me tliis day of ^Lj!hL>dt_____, 2000 by Ma KELLY K. CURTIS i notary WSUC-MWNEiOia! U|C«ssitiiMiNAMJM.t1.IM ^Notary Pub la. rPubiif STATE DEED TAX DUE HEREON: lliis instrument was drafted by: Edward W. Simonet, lU Attorney at Law 522 South Fourth St. POBOX 16 Stillwater. MN SS082 (651)439-5875 AJLN. 101217 y V'>- / ' i- V!i ■V •*•*! • •« “F- /• • •A* A • CONSENT AND JOINDER Voyager Bank, a Minnesota banking corporation, the undesigned, as a Mortgagee as shown by a mortgage recorded with the Hennepin County Registrar of Deeds as document number______________, dated March 14, 2000, and filed on March l_. 2000, secured by said real property, represents and states that it hereby consents and joins in the execution of this Flowage, Drainage and Conservation Easement Agreement and Waiver of Damages. IN WITNESS WHEREOF, Voyager Bank, a Minnesota banking corporation, has caused these presents to be executed in its corporate name by its .________on this ^ll^ay of April, 2000. VOYAGER BANK By: /.Cf, Its: xe r«V< STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) J7/O /The fore^ing instrument was jick^wta^^ before me this '' day of April, 2000, by hjyjlar^^ fnjLAJi the/CtfeAtf nCf Vovager Bank, a Minnesota banking corpor on behalf of the bank. {L^Zd <JSgflSS:&S,.DAKOTA COUNTY Sl.i This instrument was drafted by: Willow View Developers, LLC. 1621*94 ‘*' Lane NE Minneapolis, MN 65449 ■ -r j JRT- ■,'i •■ .' ■■ ' ’’'I ■:C:^ '• ■'■*'■ 4' ■, •=i^:;.' , ;.: N :•'“; :v; .,.m ...g W -•-• S. ■-- :■*: 'li ' i - ■>^ lL*r. 5;.’.' .' L' -fr.,. I* .^,,1 VA <';V' pr «a?-:' 7.-X OfnCE Of CC!JNTY RtC(»«R M'wHCPiN COUn Y, WiNESOU ciTt?*';rr.nii^)/.’0'»i.rrx!=.;:ic.*i 00 HAY-4 PH 1-37 •?2?4749 -yii.’r.-------.ocFurr f ^ -w<ss. .;• • L ■ ■ ■•-' •'* '. » (i*- :-.:■■ ■ 1;- Fs •■ ••• ^4*4>:-A. V I 7": I / - I / ■ ■* -'■■ ■' •-:• •A'.'^ ’/ ■ 'ii' rJi/- 'll . ' ■• L. tv' -• iiii® tifltl ServtoM Inc. Box 491 • • • • 11. • ...■ ^Av;;^ ■ V • • ' . • ; -ri: '7 F . V- . ■ ■fiLk.-'? '!j,^ iv ” ?■ ^ -A Mlli iiiAlM iV . PL». t h t COUNCIL MEETMO REQUEST FOR COUNCIL ACTION AUG 2 2 2005 DATE: August 22. ITEM NO.: 13 DqMurtmeit Approvtl: Num GfcgoryA.Otppa TMt Director of Public Services Admii r Reviewed: Agenda Sectloa: Public Services Director's Report Itffli DcterlptlM: Request for Payment lyomber 1 Industrial Park Watermain Improvements The Industrial Park Watermain Project is substantially complete. The new watermain is in service, and use of the existing watermain in Hi^way 12 has discontinued. We have reviewed the information submitted by the City's engineering firm and recommend qrprovalofdus Request fw Payment Number 1. COUNOL ACTION REQUESTED: Motion to approve Request for Payment Number 1 for the Industrial Park Watermain biqMOvements to MinnComm Utility Construction Mora, Minnesota in the amount of $80,097.35 V ; V. .• > • •: da v">L>i •I I f /n fflAiioctari itl|inNn4MMMIt Owntr CMv of Orono. P. O. Box 66. Cfvrtal Bay. MN 56323 Date;August S, 2005 For Pwiod: 6/1/2005 to B/S/200S Requost No:1 Contractor Minncomm UtWtv Construction Co. tnc.. 1949 Stiadv Acros Lane. Mora. MN 55051 COHTRACTOfrt REQUEST FOR PAYMENT TRUNK HIGHWAY 12 TRUNK WATER MAIN IMPROVEMENTS BRA FILE NO. 000139^135^ SUMMARY 1 Original Cortrad Amount Ctwngo Ordar • Addition Changt Oidor • OaducOon Rovliod Contract Amount Vahjo Complalad to Data ItaltrM on Hond Amount Eamod Laos Ratainaga 5% Subtotal Laaa Amount Paid Pravioualy Uquidatad damagaa • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. i- |4‘r *1:". / 2 3 4 5 a 7 a 9 10 11 12 92,665.00 S $ 0.00 0.00 92.665 00 84J1300 000 84.313 00 4215.65 80.097.35 000 000 60 097 35 Raoommandad for Approval by; •ONESTROO, ROSENE. ANDERUK S ASSOCIATES, me. Approvad by Contractor MURICOMM UTILITY CONSTRUCTION CO INC Approved by Owner CITY OF ORONO SpacMIad Contract Comptotlon Data:Data; /fl O ( loiiTCMwntOmnoPOBox66.CrvatalBay.MN 55323-0066______Date:July 19.2005 ForPtriod:12/22/2004 to 7/1W2005 Requoat No;2 AND FINAL Contractor EJMavara. 21360 Larkin Road. Corcoran. MN 55340 CONTRACTOirS RIQUCST FOR PAYMENT CASCO COVE STORM SEWER IMPROVCMENTS BRA FILE NO. 00013£M)4147-0 SUMMARY 1 Originai Contract Amount CItonga Ordar • Addition Changa Ofdar • Daduclion Raviaad Contract Amount Valua Complatid to Data mfK&nm on nwio Amount Eamad LoMRatainaga 0% Subtotal Laaa Amount Paid Prtviously UquMatad damagaa • AMOUNT DUE THIS REQUEST FOR PAYMENT NO 2 3 4 5 S 7 8 9 10 11 12 000 0.00 2 AND FINAL $. $. 5, $. $. $, $ $ $ Raoommandad tor Approval by: ■ONUmOO. ROMNi. ANOERUK 4 ASSOCIATES. MC. Approvad by Contractor EJMAVERS Approvod by Ownar CITYOFORONO Date; JUL MoiMMufoaaomNM.* -.H- ^ 24.37500 24.37500 21.990 00 000 21.99000 000 21.990 00 16.04050 000 --- COUNCIL MEETING AUG 222005 REQUEST FOR COUNCIL ACTION m CfTYOFORONO DATE: August 22,2005 ITEM NO.: /S' V.' > A t A Depart—t Approval: NaaM Orefoiy A. Gappa TMa Director of Public Services AdmiaistratfM Reviewed: Iteai DcicripHoo: Accept Quotation Lift SU|uon 21 I&I Reduction Project Agenda Section: Public Services Director's Report iLidi This project is for the relocation of the sanitary sewer forcemain and I&I improvements for Lift Station Number 21, located on Wildhurst Trail. The existing forcemain from the lift station goes between several houses and across lakeshore yards and will be relocated along Wildhurst Trail. The top of the lift station is too low and during heavy rainfall events water ponds on top of the lift station resulting in the inflow of surface water into the lift station, contributing to the City’s I&l problem. This project includes raising the lift station top elevation 18” and installing a new waterti^t access hatch to reduce l&l. The new MCES rules require the City to spend approximately $30,000 per year on IftI reduction or pay a surcharge on the MCES wastewater bills beginning in 2008. Our annual budget for I&l projects is $30,000, so the woric to raise the lift station top will be funded using the Sewer Fund l&l budget, so we can easily track our expenditures for this work. The Council previously accepted quotations for the forcemain relocation work and raising the access hatch. The lift station currently has an overhead electrical service with the power pole attached to the lift station, and this power pole needs to be removed to complete the access hatch work. The best long term solution is to eliminate the power pole, at the lift sution, and to install an underground electrical service from another existing power pole for the lift station. m We have solicited quotations for this electrical work and are recommending acceptance of the quotation for the Lift Station 21 l&l reduction electrical work in the amount $4,450 from Electric Resource Contractors Minneapolis, Minnesota with funding from the Sewer Fund. I&l Line Item Budget. COUNCIL ACTION REQUESTED Motion to accept the quotation in the amount $4,450 from Electric Resource Contractors Inc. Minneapolis. Minnesota for the Lift Station 21 I&l reduction electrical work w ith funding from the Sewer Fund I&I Line Item Budget. ■■-y -.i- J 'Sb. REQUEST FOR COUNCIL ACTION COUNCIL MEETING AUG 222005 DATE: 8/22/05 ITEM NO: OTYOFORONO Departmcat Approval:Admiabtrator Reviewed:Ageada Section: Name: StephanyG Title: Chief of Police Item Deacripthw: Accept Resignation of Stacie Budig« Advertiee for Vacant Position Exhibits: MSCVWIQMi Stacie Budig has been a police records secretary for over five years. On August 1,2005, Stacie submitted her resignation effective August 25,2005. Stacie has done an outstanding job in the police department and she will be missed. She has two small children and would like to spend more time with her family at this time in her life. It is with great regret that the Police Department recommends that the Orono City Council accept the resignation of Stacie Budig and wish her the best with her new duties. The police department would like council approval to fill Stacie’s position through advertising testing and interview selection process. The position will be classified as full time Administrative Support Assistant, the pay range in 2005 is $15.53 > $18.27. COUNCIL ACTION REQUESTED: Motion to accept the voluntary resignation of Stacie Budig effective August 25,2005. Motion to approve advertising and hiring FT Administrative Support Assistant. >5^ ; r ■■ . t.- i I. "r. ' ■: ’ vt ? . 1 fl r>’ 'W August 1,2005 Orono Police Depaitment 2730 Kelley Paikway Long Lake. MN S53S6 DearSte lany, As of today’s date, I would like to give you my resignation. It is a decision my husband and I have made together for the benefit of our family. While I feel as though I am making the right choice for my family, it has been a very difficult decision for me to make. My last day will be Thursday. August 25,2005.1 am willing to assist in training my replacement and in any other way that I can to ensure a smooth transition. i , /.4.. V.' m - M. • ar . - COUNCIL MEETING AUG 222005 REQUEST FOR COUNCIL ACTION OTYOFORONO DATE: 08-22-05 ITEM NO: /I Administrator Reviewed:Agenda Section: Item Deaeription: Accept Safe and Sober Grant Payt .tent and Award Exhibits: None DISCUSSION: In July 2005, the police department applied for a grant for a traffic enforcement project through ihe State of Minnesota known as “Safe and Sober.” The grant has been approved by the Office of Traffic Safety contingent upon council authorization for participation. The goal of the Safe and Sober project is to decrease crashes, injuries and fatalities due to driving conduct, duough speed, seatbelt, and impaired driving (DWI) enforcement. Orono is partnering with Medina Police Department. Sgt. Correy Famiok is coordinating the project and the grant. Ron Olson, Assistant Finance Director is assisting with the financial requirements. The project has been a great success for our departments in the last several years The grant revenue is to be distributed according to the grant agreement: Orono Police Department - $9,200.00 Mediiui Police Di^artment • $7,800.00 Total - $17,000.0 The grant period begins November 1,2005 and continues until October 2006. COUNCIL ACTION REQUESTED: Motion to accept Safe and Sober Grant and to distribute funds per grant agreement, (above). 1 1 fu-jSuSiaa REQUEST FOR COUNOL ACTION DATE: Aagut 18,2005 ITEM NO: Jg COUNCIL MEETM6 AU6 222006 OTYOFORONO Department Approval: NaiM Ronald J. Mootm TMt City Administrator Administrator Reviewed:m Agenda Section: City Administrator’s Report Item Dcscriptioa Park Commission Aj^pointmcnt The Council has interviewed four candidates for the open position on the Parks, Open Space, and Trails Conunission. The open position is an unexpired term that expires on December 31,2006. COUNat ACTION REQUESTED: Motion to q>point a candidate to fill the unexpired term on the Parks, Open Space and Trails Conunission, which term expires on December 31,2006. '■ :. -iv.'.j ■■ V ' V V • * • 1 y ■ , ^ ■ ■ ; vv • ■< ...K;. - ■ : ■ - '• V': • = . V -•=.m % ■ i- 'V >?yr. • *^' ■ rr w ifijm I /■".H F COUNCIL MEETING DATE: Augatt 18,2005 ITEM NO: jCj REQUEST FOR COUNCIL ACTION AUG 222005 OTYOFORONO Dcpartmcat Approval: Naac Ronald J. Moone TMt City Administrator Admiabtratpr Rnicwcd:Agenda Section: City Administrator's Report Item Description Minnesota Counties l^nrance Trust lOmg and Alcohol Testing Program Participation Agreement Federal law requires that all employers who have employees who drive trucks, or other equipment requiring a commercial drivers license (CDL), provide a drug and alcohol testing program for those employees, including random testing. This requires a drug testing policy and an arrangement with a drug testing firm. Also, for small employers, it is advantageous to be a part of a group of employeis so that they are in a larger pool for purposes of random drug testing. When the Federal CDL drug testirg requirement was first put in place a number of years ago, the City entered into an agreement with the Minnesota Counties Insurance Trust to enable the City to participate in die drug and alcohol testing program that had been developed by the Insurance Trust. This arrangement has worked well in terms of enabling Orono to comply with the Federal requirements. The MinnesoU Counties Insurance Trust is in the process of updating its drug testing program, including changing to a new drug testing provider. All employers who want to continue their participation in the program need to enter into a new agreement with the Insurance Trust. The agreernem is attached. Staff recommends approval of the new agreement with the Minnesota Counties Insurance Trust COUNCIL ACTION REQUESTED: Motion to approve the drug and alcohol testing agreement with the Minnesota Counties Insurance Trust, and to authorize the City Administrator to sign the agreement. - -v.i- • « , Tt’. t L MINNESOTA COUNTIES INSURANCE TRUST DRUG AND ALCOHOL TESTING PROGRAM PARTICIPATION AGREEMENT THIS AGREEMENT is made and entered into this___day of August, 2005, between the Minnesou Counties Insurance Trust. (“MCrT’), 100 Empire Drive. Suite 100, St. Paul. Minnesota 55103-1885 and------------------------------------------------------------------• hereiiuifter referred to as Tarticipant.' MCn is a joint powers organization created pursuant to Minnesota Statutes Sections 471.59 and 471.981 for the purpose of self-insuring workers compensation, property /casualty and employee benefits through a pooling arrangement. MCIT’s primary membership is Minnesota counties and related public entities. MCIT has retained the services of FirstLab to administer MCIT’s Drug and Alcohol Testing Program to assist MCIT Members and other participants (i.e., cities, townships and other public entities that are not Members of MCIT) in complying with federal and state laws and regulations for drug and alcohol testing. Member/Participant desires to participate in the Drug and Alcohol Testing Program sponsored by MCTT, hereinafter referred to as “the Program.” In consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: I. TERM AND TERMINATION The term of this Agreement shall commence on October 1, 2005, for a one year term (to September 30, 2006), and will automatically renew thereafter for one year terms until such time as either party informs the other of its intention to terminate the Agreement according to the provisions of this Agreement. Either party may terminate this agreement for any reason with 90 days written notice to coincide with the quarterly draws. The withdrawal will not be effective until the beginning of the quarter after the 90 day written notice is given. Participant shall pay for services provided up to date of termination. In addition, MCIT may terminate the Agreement immediately if Participant is out of compliance with the federal and state regulations on drug and alcohol testing (therefore, out of compliance with the MCIT program and this Agreement). MCIT will make all reasonable effort to assist Participant with compliance prior to terminating the Agreement for noncompliance. The noncompliance that will cause immediate termination is the failure to follow the rules such that the entire pool is at risk of violating federal and state law and regulation. i 1 W II lijjiu n. SERVICES TO BE PROVIDED BY MCIT -V.,' ■■ •‘•I w IF* A. B. C. Progrtm Devdopment and Implementation • MCIT will provide services to the Meniber/Paiticipant in accordance with the drug and alcohol testing service provider contract or successor contract. MCIT is not obligated to provide such services should the drug and alcohol testing service provider contract be terminated or cancelled. Effective October 1, 2005, FirstLab will provide services necessary to ensure that participating entities are in compliance with all applicable drug and alcohol testing requirements of the U.S Department of Transportation. Specifically, the dnig and alcohol testing services provided will include testing required by the FMCSA and FTA of participating entities* drivers in safety-sensitive positions in the following situations: ■ Pre-employment. ■ Post accident. ■ Reasonable suspicion of prohibited use. ■ Random selection. ■ Return to duty. ■ Follow-up to prior tests. MCIT will initially enroll participants and FirstLab will be responsible for maintaining up-to-date employee records, including additions/deletions, for all individual employees of participating entities who are subject to testing in the program. FirstLab will be responsible for developing procedures to comply with the FMCSA and FTA drug and alcohol testing requirements. Collcction/Testing Sites - FirstLab will maintain collection/testing sites throughout Minnesota to perform alcohol tests and collect urine specimens for drug tests. FirstLab will provide on-site testing services if requested by Participant and at Participant’s cost. FirstLab will ensure that all collection/testing sites are in compliance with all federal and state laws, rules and regulations governing drug and alcohol testing. Participant may identify a collection/testing site that is not already included in the program and FirstLab will investigate the possibility of adding it as an approved site. Participant agrees not to use any collection/testing site that is not pre approved by FirstLab. Costs incurred by Participant using a collection/testing site not approved by FirstLab will be the responsibility of Participant. Supplies • FirstLab shall provide collection/testing sites and. as requested, participating entities with all supplies necessary for the collection of urine specimens, including, but not limited to, specimen bottles with instructions: labels, order forms, chain of custody forms and prepaid overnight courier supplies. f ■ 1 D. F. G. H. Chain of Custody • FinlLab will maintain proper chain of custody controls during all testing and/or handling of urine specimens and proper chain of custody documentation. FirstLab will retain custody of any confirmed positive specimens under proper chain of custody and secured refrigerated condition as per standards of the Substance Abuse and Mental Health Services Administration (hereinafter referred to “SAMHSA”). Random Testing - HrstLab will provide participating entities with names of employees to be tested on a random basis in compliance with the annual rates of testing requited by the FMCSA and the FTA. Two separate MCIT random testing **pools” will be established by FirstLab: • one for FMCSA employees and • one for FTA employees. The annual random selection percentages will be applied to the total number of driver positions in each “pool". • Random drug testing will be done at the annual rate of 50% of the average number of driver positions for both the FMCSA and the FTA, • Random alcohol testing must be done at the annual rate of 10% of the average number of driver positions for both the FMCSA and the FTA. • The random tests shall be reasonably spread throughout the calendar year. Record Keeping and Reports for Participating Entitles - FirstLab shall develop and maintain records and reports required by federal and state laws, rules and regulations. These records and reports shall include, but not be limited to: • Verified positive drug and alcohol test results. • Refusals to submit to tests. • Driver evaluation and referrals. • Annual calendar-year suiiunary. • Records related to the alcohol and drug collection/testing process. • Negative and cancelled drug and alcohol test results. • Records related to the drug and alcohol program’s education and training of supervisors and drivers. 0 Any other reports and records related to the administration of the drug and alcohol testing program that may be required. FirstLab will assist Participants in completing any state/federal audit reports. Expert Witness Testimony - FirstLab will provide expert witness testimony if requested by MCIT or the respective Participant. Education and training - FirstLab will provide education and training to participating entities regarding their obligations under federal and state J. laws, rules and regulations in the form of regional supervisor recognition training sessions (4) for participating entities at various Minnesota locations as arranged by MCIT. FirstLab and MCIT will agree on the dates, content and locations of all regional training sessions. FirstLab shall also provide on-site meetings for Participant upon request and at cost to Participants. Update of Laws, Rules, and RegulaUons - FirstLab will inform and update MCTT legs^ng any and all revisions to federal and state laws, rules and regulations concerning drug and alcohol testing, including, but not limited to, changes to the FMCSA and FTA drug and alcohol testing lequiremente. MCTT will inform and update Participant accordingly. Additional Requirements for Drug Testing Testing Laboratory - FintLab will contract with a testing laboratory which shall analyze the urine specimens provided by the collection/testing sites, using an inununoassay method, to deteimine the presence or absence of the following drugs: Marijuana, Cocaine, Amphetamines. Opiates, Phencyclidine (PCP). FirstLab will automatically confirm by Gas Chromatography/Mass Spectrometry (GC/MS) all presumptive positive results from screening of the drugs nam^ above. The level at which a positive result is confirmed shall be according to the SAMHSA standards for the respKtive drugs. FirstLab shall report all test results to the designated Medical Review Officer within seventy-two (72) hours of receipt of the urine specimens. All results will be reported either negative or positive without numerical value. FirstLab can screen for additional drugs and bill Participant if requested. Mcdkal Review Officer (MRO) - FirstLab will arrange for a Medical Review Officer (MRO) to independently review drug test results received from the testing laboratory and to report results to Participant. The MRO shall be a licensed physician who has knowledge of substance abuse disorders and has appropriate medical O’aining to interpret and evaluate an individual’s confirmed positive test result together with his or her medical history and any other relevant biomedical information. MRO services shall include, but not be limited to. the following functions: O o o Receive and review test results from the laboratory. Review certified copies of chain of custody forms. Report negative results to designated participating entity personnel. Interpret positive results. Conduct confidential medical interviews with positive tested individuals. j ^***-^-**^'*--*^------- • Review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. • Consult with collection/testing site and laboratory personnel. • Request quantitative results, if needed. • Order analysis of split specimen, if requested. • Determine whether positive tests are the result of prescribed or illicit drugs. • Examine alternate medical explanations for any positive test result. • Report results of verified positive teste to designated participating entity personnel. • Maintain records and notifications in accordance with federal and stete laws, rules and regulations. • Order blind specimen testing as needed. • Assist participating entities with post-accident testing requirements. lU. FEES Participants will be responsible for all costs associated with drug and alcohol tests. Participants will be invoiced directly by the service provide and make payment within 30 days after receipt of the invoice. The Fee Schedule is as follows: A.Drug Test Collection Site Fee Laboratory Testing Fee (Urine Drug Test-UDT) MROFee Total Drug Test S 19.00 % 15.00 S J.50, % 36.50 B.Alcohol Test (Breath Alcohol Test) Collection & Test Fee S 3Q Q0. Total BAT $,3Q:QQ. C.*On>Sltc Drug Testing Minimum of 5 dorrors per on-site event Collection Fee $_2LQQ1 Testing Fee $ 15.()Q_- MROFte S.. Total on-site drug $ 4^.?0_ D.*On*Site Alcohol Testing Minimum of 5 donors per on-site event Collection & Testing $_?? Q(L. ; 1 ■i IV. AdiHtfamal On-Site Coflection Fees During regular business hours: $50.00 set up fee. Emergency after hours (less than 72 houn notice) $130.00/hour/collcctor Minimum 2 hours. Additional Ftecs for on-site collections: $.50 per mile over 40 imles round trip $M.0(Vhr wail fee charged in 15 minute increments. E.Additkmal Services Reanalysis or analysis or split specimen by altemiue DlfflS laboratory (per drag) Expert Wimess Testimony Litigation package assembly (plus pass through of any lab fees) $ 25.00 Blind Specimen Testing (per DOT Regulation) $25.QO $ 12S.00/drug $ 150 00/hour plus travel & expenses ADDITIONAL FEE FOR PARTICIPANTS WHO ARE NOT MEMBERS OF MCIT Participantt who are not members of MCIT but who are participating in the Drug and Alcohol Testing Program will pay an administrative fee based on the number of employees in the program. The administrative fee is payable to MCIT and will be invoiced on an annual basis. The administrative fee must be paid within 30 days of the invoice from MCIT. V. HOLD HARMLESS AND INDEMNIFICATION Participant agrees that MCIT and its officers and employees shall not be liable for, and Participant agrees to pay the cost of defense, indemnify and hold ham^ess MCIT, its officers and employees from and against all liabilities, claims actions, expend (including attorneys fees and costs related to the investigation of any such claims, action or proceeding), obligations, losses, fines, penalties and assessments resulting from or arising out of the performance of Participant’s obligations under this Agreement. MCIT agrees to indemnify, defend and hold Participant and its directors, officers, agents and employees harmless from any loss, cost and expense (including court costs and attorneys’ fees) to Participant, arising out of or resulting from MCIT’s performance of its obligations under this Agreement. MCIT shall not defend, hold harmless and/or indemnify Participant against any demands, claims, suits, actions, and/or damages arising or alle^ to arise, out of the acts, conduct and/or omissions, in whole or in part, of Participant or any testing laboratory or collection facility designated by Participant to conduct drag tests on behalf of Participant not previously approved by FirstLab as required by MCIT. Ti »fe : > ; i. VI. INSURANCE At all times during the tenn of this Agreement. Participant shall maintain at a minimum the following insurance coverage with an insurance company or companies that have an A.M. Best rating of A ot better Conunercial General Liability Professional Liability or Errors & Omissions Automobile Liability Wdrken* Compensation $1,000,000 per occurrence $1,000,000 per occurrence $1,000.000 per occurrence Statutory Limits Certificates of insurance coverage shall be provided to MCIT upon request. If Participant is a public entity, liability limits may be according to sututory limits of Chapter 466, MiniKSOta Statutes. VI. GENERAL TERMS AND CONDITIONS A. Entire Agreement - This Agreement embraces the entire Agreement the parties. No oral agreement or representation concerning this Agreement shall be binding. All prior agreemenU are revoked. B. Assignment - Neither Participant nor MCU may assign, delegate or othcrwi^ transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld. C. Non-Waiver and Cumulation of Remedies - The failure by either party at any time to enforce any of the provisions of this Agreement or any right or rein^y available hereunder or at law or in equity, or to exercise an option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instances to which such waiver is directed. D. Amendment - This Agreement may be altered, extended, changed or amended in writing by mutual agreement of the parties with the same formality as this original Agreement. E Severability - Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this agreement so constructed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement and all other provisions shall remain in full force and effect. F. Data Privacy - Both parties agree to abide by the applicable provisions of the Minnesota Data Practices Act. Minnesota Statutes. Chapter 13, and all other applicable state or federal rules, regulations or orders pertaining to privacy or confidentiality, including the Health Insurance Portability and Accountability Act (•WPAA”). G. Notice - Notice shall be given to the other party in writing and may be effectuated by delivery by U.S. Mail. Notice shall be made to MCTT to Robyn Sykes, Executive Director, 100 Empire Drive, Suite 100, St. Paul, MN 55103-1885; and to Participant to IN WITNESS WHEKEOFy MCIT and Participant have caused this Agreement to be executed by the person authorized to act in the respective names on the date shown below. MINNESOTA COUNTIES INSURANCE TRUST Robyn Sykes, Executive Director Date Approved as to form and execution: PARTICIPANT By its Authorized Representative Date Attest:Date ^ * ■■■ f'imk 8 w m l-.-REQUEST FOR COUNCIL ACTION COUNCIL MEETING AU6 222005 ■1 Rr. DATE: August ITEM NO: ^ Dcpartacat Appraval; N«m Lin Vce THk CitvCIak ____ A4iniiilstrator Reviewed: ^ Name Ronald J. Moone A/Z^ Agenda Section: Licenses Iten Deicriptlon: List ofLicenses for Council Approval ^ CLUB FIREARM USE PERMIT 1. Annual Permit for Trap Shooting: Park Gun Club 3660 Sixth Avenue North TEMPORARY ONE DAY ON SALE LIQUOR LICENSE 1. Oiono lions September 17,2005 Fundraiser at Long Lake Fire Station, 340 Willow Drive North COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenies. m S 1 of°^o C ity op Orono ^^Apr 2750 Kelley Parlcway Orono, MN 55356 MaalcliMl Offices iUlUac ASdfSM: P.O.Box 66 Crystal Bay, MN 55323^0066 LIMITED FIREARMS USE PERMIT tiaWOCCASiONAli $25.00 ANNUAL CLUB PERMIT NUMBER: 2005-001 PERMIT EXPIRES: AUGUST 31,2006 SaOiOOCAME ANIMALS (Liiiiited U—) REPRESENTATIVE:Dwayne Noren 13612 5* Avenue North Plymouth, MN SS441 THIS PERMIT AUTHORIZES: PARK GUN CLUB to discharge SHOT GUNS ONLY for TRAP SHOOTING at 3660 SDCTH AVENUE NORTH from September 1,2005 to August 31,2006 RESTRICTIONS: This permit is issued for the above purpose. The holder must obey all of the laws and ordinances of the United States, State of Miimesota, County of Hennepin, and City of Orono in the use of this permit. The permit may be revoked at any time by the City of Orono by notifying the holder in accordance with the ordinance granting the permit. Hunting of game animals or game birds is prohibited in the City unless specifically stated in this permit. Date issued: August 22,2005 (SEAL) City Administrator feteMoM (663) 349-4M0 • Pm (982) 249-4818 .cLoreao.aui.iM [■ Page 1 of 1 UnVM From: KurtErickaon Sent Tuoaday, Auguat 16,2i To: Un Vee Subfaet: Park Oun Club 1:44 PM Un, Tba pdioa daparknont haa not had any inddanta at tha Park Gun Club. Wa hava no objection to the renewal of their Hoanaa. Kurt • ■■■• •;■ • • • *i- =’ •- k'' *' ' .’: .-•■'V*'’. ^’<1 ■ 'H nn^rm% state of Minnoaote County of Honnopin CHyofOrono License No: | 2005-12 Amount: | $25.00 // O'^ J* ■ • » • • •* I , * j • . * ■ V Upon investigation and satisfactory evidence of the qualification of the licensee, this license is granted and pursuant to application and per - of fee thereof, and is subject to all the provisions and conditions of the laws of the United Stales, the laws of the State of Minnesota, the regulations and ordinanoss of the City of Orono, and the rules and regulations of the Liquor Control Commissioner, pertainino to such; and subject to revocation according to law for violation thereof. This license is not transferable except by consent of the issuing authority. Granted To: BuolnoM Namo: BusInoM AddraM: Commoncing: Tormlnaling: ButInoM Doscription: Don Chilistrom Orono Lions 267 Chartes Street September 17,2005 September 17,2005 Fundraiser-Long Lake Fire Dept Relief Association Issued by authority of the City Council of the City of Orono, Minnesota on: August 22.2005 Attest: Barbara A. Peterson, Mayor Linda S. Vee. City Clerk pa |c * C- -V. *."-V ^ nsOKSIsy rartmeyi PO.' Box 66. C^W Bay, MN Se^' ' ^.1..m* •» “ ^ a** • ♦ *•,tBBmWB ,6a0 0iy.te: ,'(9an -3iBa616/aawxljwnaaiiuis-—-- ■Bteteiuiter»iaditiaiwj'7iBB^iTieiila^^^ Tfr*^ ii iifc I ntei4-«ifai^aif On»o LioM Loig Lake Fire SUtioBy 340 Willow Drive North September 17* 2005 ^AFT The foUowlag coaditioBS have beea placed ob this temporary on sale liqnor liceose: 1 . By acceptance of this license, the license holder is granted authority to operate under the license, and agrees to indenmify and hold harmless the City of Orono from all claims arising from said event. The license holder, all organizations and private persons exercising authority under this license, do waive and release all claims against the City of Orono, its officers or employees for any damage to person or property arising from the exercise of privileges granted by this license and agrees to hold harmless the City of Orono, its employees and officers from any such claim. 2. The Orono Police Department and its officers arc empowered to revoke this license at any time for any safety concerns or alcohol violations that are not immediately resolved by the license holder or a representative of the license holder. This revocation shall cause the immediate cancellation of the license if deemed appropriate by the police department. This action will occur, but is not limit to, under age alcohol sale or sale of alcohol to intoxicated persons. 3. Police may issue citations for any city or state ordinance or statute violations. 4. Alcohol sales are to end by at least one half hour before the end of the event. Non alcoholic beverages, including soft drinks and water, are to remain available until closing. 5. Any person woricing at serving alcohol is to be sober and not drinking alcohol themselves. 6. No service to persons under 21 years of age. Alcohol servers need to adopt an ID under 35 standard. 7. The Orono Lion's will inform all alcohol servers that service to an under age person is a gross misdemeanor for which they can be criminally charged as an individual. 8. The Orono Lions group, by accepting this license, acknowledges that they understand that having a person that serves to an under age person brings civil liability to the organization and will be considered for future permit requests in a negative light. 9. Alcohol service to intoxicated persons will not be allow^. Alcohol servers are to be aware of this and know they are empowered to stop service to any intoxicated person. Failure to do so may subject them to the same criminal and civil consequences as detailed in items 7 and 8. 10. Food is to remain available for the entire time alcohol is served. This has to be more than just chips and popcorn and should include food as served during the normal course of the event. 1 1 . Two off duty police officers will be hired through the City of Orono at the billing rate for off duty officers. The starting time for the officers can be 7:30 PM. 12. A copy of the general liability and liquor liability including dram shop coverage will be supplied to the city of Orono prior to the event. The City of Orono is to be listed as an additional insured. 13. Alcohol consumption is to be limited to the fire station only. Alcoholic beverages are not to be taken outside the building. 14. Any event-related debris is to be cleaned up by the following day. ■' »• . t : I* I J Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101-5133 (651) 215-6209 Fax (651) 297-5259 TTY (651) 282-6555 WWWDPS.STATE.MN.US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION STREET ADDRESS NAME OF PERSON MAKING APPLICATIONl^NM (SlA\ DATES LIQUOR WILL BE SOLD *=K\n \o DATE ORGANIZED S\\\\o^S3l CITY Iua«a4a CAKe TAX EXEMPT NUMBER STATE BUSINESS PHONE ((•^ *1\C OS(*«t ZIP CODE HOME PHONE ORGANIZATION OFFICER'S NAME CS-\VUJS'^WfiV^ OROANIZA'tlON OFFICER'S NAME ORGANIZATION OFFICER'S NAME TYPE OF ORGANIZATION [CHARITABLE RELIOrOUf; OTHER NQNPROFfT ADDRESS ONCe SS*^S(p ADDRESS ADDRESS Location liocnte will be used. If an outdoor area, describeSX»'Vrvo»^ C *^jCS Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coveraae. APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY /Ortne CITY FEE AMOUNT ^ O DATE APPROVED UCENSE DATES DATE FEE PAID SICNATtRC CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL A.ND GAMBLING ENFORCEME.NT NOTE: Subnit Ihli forn to tkc city or county 30 days prior to e^ent Forward application titncd by city and/or couoiy to the address above. If ibe applicati** approvaO lO* Akobol aod CambUag Eaforccimat DKiiion will rcnini tail appileatiea le be ywd at the Limtc for Mr rveat PS-09079 (O’/OJ) 1 CITY OF ORONO OB/19/05 8:37 AM 1 *Check Detail Register® Page 1 COUNCIL MEETING AUG 222005 AUGUST 2008 Cheek Amt Invoice Comment CITY OF ORONO IdOO PrliMfyCaah _________________ Piid‘5f5rtrori4d swfeotER. oart and O6SM6S00 Fixed Auet-Const. In prograat Total SPmOLER, GARY AND (83.500.00) 7/26A)5 (83.500.00) Void Check 81491 P'aid Chk# 081513 8«2«^ ACCUm EEHEFITS E101-41900-489 Olhr Miusllaneout Charges E 101<41900^80 Other Mitoataneout Charges Tout ACCLAIM BENEFITS 869.95 352036 8102.69 352037 COBRA Adm-7/2005 FSAAdm 7/2005 8172.64 Paid Chk# 081914 “' 6«2«005 ACCURINT E101-42110-311 Data Processing Communication ToUl ACCURINT PM Chki '1)8181 s ' lW2fl»65 *"AOVAN(SBb1l^ SOLUfllWW E101-41900-201 OffleasuppHos 830.00 129729120050 Database Access 7/2005 830.00 828.76 21210A Staple Cartridge Tout ADVANCED SSAGING SOLUTIONS 828.76 Paid ChW oe'1918 ' 8C2/2005 “APWA MWmESdtA CHAPTER E 602-49450-437 Training S Oouelopment 8120 00 8/11/05 E 101-43000-437 Training 4 Oevelopmenl 8120.00 8/11/05 E 601-'t9400-437 Training 4 Oevalopment 8120.00 8/11/05 Total APWA MINNESOTA CHAPTER 8360.00 /tPWA Program APWA Program APWA Program I?a1d CMdToSisTT iaSmS AUGIES MOBILE CHEF E 613-49900-093 Concassions For Resala-Txbl E 613-49900-093 Concessions For Rasale-Txbl Total AUGIES MOBILE CHEF 845.66 24103 (80.06) 359 Hot Dogs, Cheesburgers Credit on Account $45.60 ftid Chk# M15i8 ^ 8^668 AfitOKIATIC SYSTEMS CO. E 601-4S40(M03 Repairt/Maint-Misc. Equip Total AUTOMATIC SYSTEMS CO. $540.00 16876 SCADAMaint-NavWtr $540.00 Raid Chki'08V519 ‘ 8m/2065 BEACK, SCOTT E 613-49900-005 Pro Shop Items For Rtaalt Total BEACK. SCOTT $210.00 580613 GotfBans $210.00 Paid CTiki 081520 ^ 8^2/2005 ^ BIFFS INC. E 101-45200415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 613-49830-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals Total BIFFS INC. $132.82 $132.62 $13282 $66.41 $66.41 $206.91 W264366 W264367 W264368 W264369 W264370 W264371 Portable • Biderwood Portable • Summit Beach Portable - Hackberry Portable - GC Portable - Crystal 6a/ Portable - Navarre $73819 Paid Chki 081521 8/22/2005 BONESTROO ROSENE A ASSOC. E 101-43280-304 Engineering-Consulting £ 101-43280-304 Engineering-Consulting E 101-43280-304 Engineering-Consulting E 101-43170-303 Engineering-Retainer E 101-43280-304 Engineertng-ConsuHtng E 101-43280-304 Engineering-Consuning E 601-49400-304 Engineering-Consulting E 101-43170-304 Engineenng-Consultmg 0 602-16500 Fixed Asset-Const in progress $134.00 $207.87 $199 50 $200 00 $212 45 $268 00 $1.635 50 $406 00 $1,644.00 119408 119408 119408 119408 119408 119408 119408 119408 119408 4460 Forest Lk L&iidmg plat 05 1145 Sixth Ave (Ordway) plat 0 1390 Cherry Place plat 04-2969 Council Mtgs Apr-May 3534 Ivy Place plat 04-3010 1379 Park Dr plat 05-3074 Watermain basemap update Bldg permit 1925 LakeviewTer 1699 North Farm Rd san swr j .' <CITY OF ORONO 0«/19A)5 8:37AM Page 2 *Check Detail Registei® OU^ AUGUST 2008 ' ■ Check Amt Invoice Cemmewt J E 101>43280-304 Enginearing-CensuRing E 10M3200>304 Engineeitng^nauRing E101-43170-304 EogIneefing-ConsuRing E101-43290400 Special Prajecia, ConOngency E101-43280-304 Enginatring-ConauRing E 101-43280-304 Enginaafing-CofliuRing E101-43280-304 Enginearing-Cenaulting E 101-43280-304 Enginaaring-ConauRing E 101-43280-304 Enginaefing-ConsuRing E101-43280-304 EwginaafIng-CenawRIng E 101-43280-304 Englnaaring-ContuRing E 101-43280-304 EnginaaHng-ConauRing E 101-43280-304 Enginaafing-ConeuRing E 101-43280-304 Enginaartng-ConauRing E101-43280-304 Enginaafing-ConauRing E101-43280-304 Enginaafing-ConauRIng E 101-43280-304 Engbiaering-ConauRing G 801-18800 FlaaOAaaat-Conat inprograaa E 402-48039-304 EngInaaring-ConauHing 0881-18800 FtMadAaaet-Conal.inpragraaa 0601- 18800 Fiaatf Aaaa(-Conai.inprogreaa 0801- 18800 FiMdAaaal-Conat.inpragreaa 0802- 18800 FiaadAaaa(-Coflal.inprograaa 0602- 16800 FixadAaaal-Conailnprograaa Total ■ONESTKOOftOSENES ASSOC. Paid ChM 081822 8/22/2008 BUOOET PRIHTmO E 101-41900-201 Offioa auppHea E101-42280-201 Ofliea auppRea E 801-49400-322 Poatago E 101-42110-201 OffioaauppUaa E 101-41000-201 Offlca auppliaa E 101-42110-322 Poalaga Total BUDGET PnNTINO PaMChWOSiui ' 0/22/2068 ' BUFFALOBltUMmOl E101-43000-224 strael Mamt Matarlala/Supply E101-43000-224 Strael Main!. Malariata/Supply Total BUFFALO BITUMINOUS me. 1268.00 119408 3145 North Sh Or plat 05-3114 $301.87 119408 440 Stubbs Bay Rd plat 04-2968 $372.51 119408 Direct Pro) Exp Feb-Mar $813.50 119408 OeMuth-1564 Stopna Ridge Circl $73.87 119408 4480 Forest Lk Landing plat 05 $415.73 119408 825 Tonksws Rd 05-3107 $73.87 119408 2260 Fox Street plat 05-3111 $335.00 119408 1310 Spruce PI plat 05-3117 $2,147.86 119408 Slonebay plat 02-2789 $134.00 119408 1005 Linden Lane plat 05-3123 $1,077.74 119408 1745 Fox St plat 05-3097 $804.00 119408 Wildhural Trail plat 05-3100 $769.33 119408 CreeksWe Subd $554.37 119408 Navarre Kittgdom HsH plat 05-3 $505.16 119406 1354 Rest Point Circle plat 05 $499.67 119406 Garden Court Subd plat 04-2596 $1,703.82 119408 Sugarwoods Office plat 05-3060 $6,492.39 119409 TH12 Wtrmain Imp $923.06 119409 Lee Carlson MSA Iran $608.00 119411 Birch Lane Storm Swr $12,919.55 119412 Nav Tower Rehab $1,876.09 119414 Hwy 12 San Swr Rehab 1/1 $321.56 119416 Dahl Rd San Swr Ext $4,445.40 119419 Webber hills San Swr Ext $43,343.69 - - ---------—------------------ $182.94 5210 Report Covers. Tabs $282 5310 Map Copy $16.87 5459 Shipping Charges $83.21 5466 Business Cards $7583 5506 Color Copies $8.81 5514 Shipping Charges $370.48 .... ..^ ... . . —. - $6,426.22 3203 $2,829.46 3351 Wear Course Mix Wear Course Mix $9.25568 Paid ClUii 081924 8/22/2008 GEMSTONE E 101-41900-223 BWg/Grounda Main!. Suppilea Total GEMSTONE $81.71 323257 Mesh - CH Sidewalk $81.71 Paid Chk# 081525 8/22/2005 CHUNKS LAKE8MORE AUTO E 101-42110-402 Repeirs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Mamt-Auto Equip E 231-45690-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110402 RepairsIMaint-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 Equ^ $387.12 $17987 $411 20 $97 63 $3287 $147 26 $37.21 $529 22 $37 21 $300 91 $89266 27167 27178 27180 27202 27205 27212 27234 27242 27256 27260 27276 Door Mirror. Oil #205 Oil. Brak Pads #195 Shocks# 198 Oil, Tire Change #196 Oil #202 Diagnostics # 194 Oa Change #201 Oil. Pads. Rotor #198 Oil #200 Oil Brake Pads #197 Radiator Support. Ctrl Arm #20 i.. I CITY OF ORONO 08/19<05 8:37 AM Page 3 *Check Detail Register® AUGUST 2008 E101-42110-402 Rapain/Mainl-Auto Equip Chack Amt hwote^Comiinnt $7107 27296 LighU#194 ToW CHUNKS LAKESHORE AUTO $3,128.23 orisSr E 101-42110404 Rapalra/Mainl-eWoi/Groundi $26.96 26699 Total CITYVIEW PLUMBING S HEATMG $26 96 Urinal Repair-PD PMd cwM M m 7 " Goimiiicki^'ciiPexiMD E 101-41110-439 Maeting Expensat $95.00 154 Total COUNTRY CAKE CUPBOARD Food • July Work Sessions $95 00 Paw Chii 681528"*'W2MW " COVERAUToV TWIN ClffES E 101-42110-407 Janitorial Sofvicoa $1,139.55 98654 E101-41900407 Janllorial Saivicoa $1,504.85 98654 E 10142260407 JanBorlal Sofvicea $186.38 98655 Janitorial - 8/2005 Janitorial • 8/2005 Janitorial 8/2005 - Nav Fire Total COVERAU Of THE TWm CITIES $2,830.76 PaW Chift 061829 ■ '8«M6i»' " CU^^^^ ..... ' E 61349630-403 Rapalra/Maint-Mlac. Equip $72.60 10190836764 Softener Satv'ica Total CULUGAN piW Chk# 0615^ " '8/22/2608 ' DAT wItr Su ^ CO. E 61349900493 Coneoaaiona For RoMle-Tiibl Total DAYOiSTRIBUTINOCO. pl^hii doiMFi' $72.60 $65.40 325698 Concessions for Resale $65.40 tUiiiMM OCA-WIRE ONLY 0101-21719 OCA/Spendin$ Accounts 0101-21719 DCA/SpeiWina Accounts Total OCA-WMEONLY $887.51 8/1645 $318.14 8/18/05 Flex Spending • 8/16/05 Flex Spending 8/18/05 $1,205.65 ?idciSi 06153'^^^ odias E10141110439 Meeting Expenses $13064 7077 Food - Work Sessions 6/05 Tout DOBO'S pa CliW 081533 ■■ WWOM E J MAYm PNC * ' G 651-16500 Fixed Asset-Const, in progress $130.64 G 651-20600 Contracto Payable Tout EJ MAYERS INC $3,000.00 RFPi2F $949.50 RFP«2F RFPi2F-Casco Cove Strm Swr RFPi2F-Casco Cove Strm Swr $3,949.50 $199.50 228836 $199.50 $457.00 PiidChlc#'68i534" M2/2605 EASTSiOE BEVERAGE ' E 61349900-091 Beer For Resale Total EAST SIDE BEVERAGE PaW Chki 081535 8424005 EASTMAN KOOM CO E 10141900401 Repairs/Maint-Office Equip Total EASTMAN KODAK CO PaW Ohki 081536 8424005 EGAN E 10143000-408 Contracted Street Maint. Total EGAN Paid Chk# 081537 8424005 EHLER8 AND ASSOCIATES INC. E 23545690-319 Other Profassional Services ^___$175 00 330905 Tout EHLERS AND ASSOCIATES INC. Beer for Resa% -1 $457 00 259137981 Mam Contract 10/1/05*9/30/06 ■4 S272J0 JC10005773 $272.50 Bulba - 12/OCB Signal 20C4 Tif Reports $175 00 Paid Chk# 061536 8/22/2005 EMERGENCY MEDICAL PRODUCTS. IN E 101*42110*221 Equipment Perta & Acceaaonea $99 03 738381 1st Aid Suppiiea CITY OF ORONO *Check Detail Register© Tow IMimitNCYMEOICALPIIODUCTS.m piidChwoSiHS aaKbo4'~lici«L6N " AUGUST 200S ChocItAmt Invotco Cowmont S99.03 £101-42200-321 Tolophono S353.94 6425S07 Phono Sorvico ToW ESCMELON S353.94 PoUChW 0S1540 V22J20M ESS BROTHERS A SONS E M2-494S0-443 Rop«if»Ma)nl-ISI Roduetion E 602-49480406 RopainMoM-Swr Hnoa^Ms ToW ESS BROTHERS S SONS $516.53 HH3662 $210.67 HH3682 San Swr Soala San Smt Lida $727.40 Pald Chk* OSVm^ ' Vlidobi FIRE INSTRUCTION 1 RESCUE EOU E 101-42260437 TWnino S OovtIopmonI $460.00 4453 Review FF1 Tow PEIE INSTRUCTION S RESCUE ECU PM 06154Y~ V22j2b6S~ >IMT CLMSTaR C^ E 101-42260402 RepairaMeM-Aulo Equip $480.00 $40.15 2352 Oil Change U-31 ToW FIRST CLASS CAR CARE $40.15 M ChW 061543 8/22/2005 FIRST STUDENT E10143290-800 Special Projeda. Contingency ToW FIRST STUDENT $7,000.00 131782 Orono/LL Shuttle $7,000.00 ■. Paid CMC# 061544 *^ HflimOS FORD CONSTRUCTION Q S02-16300 Fixed Asset-Other imprcnfements $10.874.50 1608 Dahl Road LS Tout FORD CONSTRUCTION 110.874 50 8/22/2005 O S K SERVICES E 101-42110404 Repairs/Meint-Bldgs/Grounds E 10141000404 Repairs/Maint-SIdgs/Orounds E 10141000404 Repairs/Meint-Bldos/Orounds Total OSKSERVICES $161.85 1006533501 $60.25 1006533502 $6815 1006533503 Mat Serv»ce - PD Mat Service - Adm Mat Service • CC $20025 Paid CMC# 061546 8/22/2005 GALL'S INC. E 10142110-226 Clothing 8 personal equipment Total OAU’SINC. $00.02 578382220103 BEeHelmeti $00.02 Paid Chd 061 Sif 8/22)2065 GEAR WEST ski 8 BIKE E 10142110-403 Repeirs/Maint-Misc. Equip $89 98 6595 Biie Tune Up Total GEAR WEST SKI 8 BIKE Paid Chk# 081548 8/22/2005 GENUINE PARTS CO. $89 98 E 10143000-221 E 61349830-223 E 10143000-221 E 10143000-221 E 10143000-403 E 10143000-221 E 10143000-221 E 10143000-221 E 10143000-221 E 10143000-221 Equipment Parts 8 Accessories BldQ/Grounds Maint. Supplies Equipment Parts 8 Accessories Equipment Pacts 8 Accessories Repairs/Maint-Misc. Equip Equipment Parts 8 Accessories Equipment Parts 8 Accessories Equipment Parts 8 Accessories Equipment Parts 8 Accessones Equipment Parts 8 Accessories Total GENUINE PARTS CO. $30 86 566.78 $14 42 $20.32 $441.75 $10.63 $25 67 $3087 $5 31 $10.ji0 $676 71 839629 839675 840217 840351 840396 840743 840907 840963 840985 841894 Hand Cleaner Brake Parts OU FiHers Oil Filter Tractor/Backhoe Repair Shop Supplies Oil Filters Shop Supplies Radiator Cap Shop Supplies Paid CKk# 081549 8/22/2005 QERRING'S CAR WASH fi 10142110402 Repairs/Mamt-Auto Equip $24 00 7/31/05 Squad Washes 7/2005 CITY OF ORONO j ' 06/l9A)S 8 37 AM Pages *Check Detail Register® AUGUST 200S Chaek Amt Iwvolc* Cowmtnt ToW OEMWmCARWMH Pild cfiSs 08i5M^“ «a«ix)5“" oiwrwi^^^ E 101-42400415 Oth«r E^uipnttnl RtnW* S24.00 S47.93 8/12/05 Boat Rental - inspectiont ToW GIBBS. W1UIE $47.93 pWcim osissi' ’' tiiMon hamel BUNxiiiio center E10141900-223 Bldg/Ofounda MoM. SuppHea __ Tow HAMEL BUiLOWG CENTER $52.46 28344 Building Suppliaa S52.46 Piw Shw'biiMi' "8«2aoM' “Snnepin cclop seed exchange E 10143000-224 Stroat Maint Materlaia/Supplir ToW HENNEPIN CO-OP SEED EXCHANGE $48.94 P0W'Chi«ilDS1553 * *8«2ab05 "HENNEfwCOUim DRT E 10141900-329 Othof Communicationa $78.47 Grata Sead E 10142110414 EOP/Commufileoliona Equip Rant $1,620.41 E 60249450-321 Tolaphona **3.49 25077167 25078033 25078070 Oatabata Accatt 7/2005 Potica Radiot PW Workt Radiot Tow HENNEPIN COUNTY INFOR TECH OPT $1,752.37 PWCW681’554 7 w2/20^ ~ E10143280-307 Lagat-Conautting E 10141600-307 Uagal-ContulUng E101-43290400 Spaeial Pfpiaett. Contingwcy E10141600-307 Lagal-CentuWng E10141600-305 Lagal4Walnaf E 05149910-307 Lagal-ContuiHng $917.20 $10.44 $758.50 $1,683.48 $1,300.00 $767.10 10481822 10481823 10481624 10401824 10461825 10481826 AppNc Raviwt Apr 2004 Copiet Big laland Valarant Camp Nalton/Cariton Vacated Oak Pi Council Mtgt May 2005 Bircti Lana St Swr ToW HMSHAW S CULBERTSON $5,436.72 Piidc^oiiSM sa&2b65 HubtoNMAPcb E 10141900-201 OlfloatuppMt TeW HUDSON MAP CO $49.99 126 MapBookt $49.99 pfilOiM!* 061556 ' MWiOOS’ * HWRO METERING TECHNOLOGY E60149400-221 EquipmanIPartiS Aecattorlat _ _*^*5® TeW HYDRO METERING TECHNOLOGY $45.00 Paid CWti 061557 8020008 KENNETH N. POTTS. PA E 10141800-306 Lagal-PfotacuHon ToW KENNETH N. POTTS. PA $2.500 00 29613 Antenna $2.500 00 8/1/05 Protacutiont 70005 PaidChkf 081558 8/22/2005 KLM ENOINEEMINO. INC G 601-16500 Foad Attal-Contl. in progieat ToW KLM ENGINEERING. INC $19,179 25 $19.179 25 2780 Inapactiont - Nav Wtr Painting PaidChkf 081559 8020005 KUSTOM SIGNALS INC E 10142110-240 Sma8 Toola and Minor Equip E 10142110-240 Small Tooii and Minor Equip ToW KUSTOM SIGNM.S INC $2.18105 W.181.05 $4.M210 243023 243023 Eagle II Radar EG02628 Eagle II Radar EG02627 Pam Chki 081560 8/220005 LABOR RELATIONS ASSOC E 10142110-319 Other ProMamonal Saoncta $2,222 00 8/1/05 Carlton Matter ToW LABOR RELATIONS ASSOC $2,222.00 Paid Chkf 0S1561 8020005 LMCIT - BERKLEY - PO BOX E 70349960-361 General Liability lot $16,910.75 20123 Comp Munic Cov Pmt i3/CMC25617 __ CITY OF ORONO 0S/1SA)5 8:37AM Pagte Check Detail Register® AUGUST 200S itkt 'd iJAfc iWiBklAi Ch»ck Amt InvoiM ComiMfrt Total UMCIT* BERKLEY'PO BOX $16.91075 ’PaMChWOeilM S22S005 LOFFLERCOMP/^ E 101-42110401 Repairs/Maint-Ofnce Equip __ Total LOffLER COMPANIES, INC S90.00 142752 Digital Recorder Repair S90.00 Paid Chki 081563 8/22/2005 LOOIS E 10141000-311 Data ProctMir>g CommufOeation E 10142110-329 Other Comm ur>icationt E 10142110-310 LOOIS-AppUcationf E 10141900-329 Other Communicttionf E 10141900401 Repairt^yialrM-Ofllce Equip E 10142110401 Repalfi/Maim-Omce Equip Total LOGI8 $31.00 25767 $321.50 25767 $1,958.00 25767 $321.50 25767 $472.50 26123 $292.50 26123 Henn Cty Connect - 6/2005 Internet - 6/2005 Police Records • 6/2005 Internet - 6/2005 Network Main! Network Maint $3,397.00 Paid Chki 081564 8/22/2005 LUBE TECH E 10143000-224 Street Maint. Matertals/Supply Total LUBE TECH $622 39 1222559 Oil. Washer FkJ.HydFid $622.39 *• # « -«• Paid &liM MIMS 8/22/2009 MACQUEEN EQUIPMENT £602.49490^03 RapairaMainlAAtc. Equip Total MACQUEEN EQUIPMENT $1,049.66 S.05425 Vaclor Repair* Paid diiM OoiSM 'M2/200S $1,049.M MilLOVlMdNf^^ E 60M9400-301 AudHing and AccTg Saivic** E 101.41900.301 Auditing and Aocl'gSafvIe** E 10141600-301 Auditing and Acct'g Services E 10141900-301 Audking and Acct'g Services E 60249460-301 Auditing and Acd g Services E 61349830-301 Auditing and Aocfg Services Total MALLOY MONTAGUE KARNOWSKI4 CO S3.323 00 15889 55.621.00 15889 55.047.00 15869 1949.00 15689 54.441.00 15889 S2.817 00 15889 Audit FRPi34.5F Audit FRP#34-5F Audit FRP#34-5F Reimb Exp 83-4-5F Audit FRPi34-5F Audit FRP#34-5F S22.198.00 Paid Chki 061567 6/22/2005 MET COUNCIL ENVIRONMENTAL SER R 101-39610 Miscaianapus Ravtnua ($43 50) 7/2005 0101-20809 SACChargasduatoMWCC $4.350 00 7/2005 Total MET COUNCIL ENVIRONMENTAL SER SAC Charges 7/2005 SAC Charges 7/2005 $4,306.50 PM chM diiSSS ' ihvTOOS mct counol environmental svcs £602.49490.363 MWCC.Currant Charges $25.336.15 803987 Wastewater Charges 9/2005 Total MET COUNCIL ENVIRONMENTAL SVCS Paid Chki 06*1 M9 S/22>^ METRO FIRE E 10142260-221 Eqmpmont Parts A Accessories $25.33815 $666 95 20822 Glass Master. Hose Total METRO FIRE $666.95 Paid Chki 061570 8/22/2005 MIDWEST COCA COLA BOTTLING CO E 61349900-092 Soft Drinks For Rtsale S173 2S 81100188 Total MIDWEST COCA COLA BOTTLING CO $173 25 Soda for Resale Paid Chki 081571 6/22/2005 MINNCOMM • UTIL 0801-20800 Contracts Payable G 601-16500 Fixed Asset-Const, in progress Total MINNCOMM • UTIL ($4,215.65) RFP1 S84.313.00 RFP1 RFPil Hwy 12 Water Mam RFPil Hwy 12 Water Mam $60.097 35 Paid Chki 061572 6/22/2005 MINNEAPOLIS OXYGEN CC^PANY E 10143000-224 Street Maint Matenais/Suppty $59 24 Ri0705l195 Cylinder invoice E 10142110-221 Equipment Pans 8 Accessories S30.97 RI07051196 Cylinders 1 f ?CITY OF ORONO 08/19/05 a 37 AM Ptat7 *Chdck Detail Register® AUGUST 2005 ClwckAmt Involc* Comwnt Total MINMCAPOLIS OXYGEN COMPANY ir22^^ S90.21 Paid Chit# 081973 8/22/2009 MN CHIEF OF POLICE ASSN E 101-42110-437 Training S DavalopmanI E 101-42110-437 Training A Dtvaiopmanl E 101-42110-201 Offlcowppliat ___ Total MN CHIEF OF POLICE ASSN 5379.00 407 5375.00 407 SS7.46 448 CLEO Acadamy - Fischar CLEO Acadamy - Comick ParmHa to Acquire S807.46 Paid Chki 081974 8G2/2009 MN OEPT OF REVENUE R 601-30610 Miacaflanooua Ravanua 938.00 7/2005 R 101-34210 Ganara) Taxabia Saloa/Sanrica $15.00 7/2005 G 613-20806 Duo lo Govta-Stata Salaa Tax $2,147.00 7/2005 Total MN DEPT OF REVENUE Sa*;T--. 7/2005 Salaa Tax-7/2009 Salaa Tax-7/2009 .. X*. . . « $2,20000 PWChii* 061979 ■ MN OWT OF T^^ E 101-43280-304 Enginaaring-ConauMno $100 57 PA0001 11781 Stonabay-Willow Turn Lana Total MN DEPT OF TRANSPORTATION $100.57 PaMChM *061976 " V22/2bOS MOGIU RADIO ENGINEERING INC. E 101-43000402 Rapairi/MaM4ulO Equip $177.61 117633 E 60249490402 Rapaira/Malnt-Aulo Equip $167.24 117634 Total MOBILE RADIO ENGINEERING INC. $344.89 Radio InataHation Radio lnataiial.on Paid CMC# 081977 8/22/2009 MOORSE.RON E10141300-437 Training S Oovalopmanl ToW MOORSE.RON $995.00 8/19/05 iCMA Confaranca $595.00 Faid ciii 08i?7r wmooT ¥r a^ E613409004M2 Soft Orinka For Raaaia $49 50 21649 •« a» •« Coflaa for Raaaia Total MR AUGIES COFFEE SERVICE $49.90 Paid CM6 081979 802G009 MTIDISTCO. E 61340830404 RapairaMaini-8ldgaA3rounda E 01349630-404 Rapaira/Mainl-Bidaa/Grounda Total MTIDISTCO. $113.39 486194-00 $271.79 4882164)0 Irrigation Mamt Imgalion Maini $38914 PaMCnkt 0819S0 8A2A>005 NAVARRE HARDWARE E 602-49450-221 Equipment Parti 9 Accesiorlei $20.82 154907 Conduit E 601-49400-223 Bid9/Grour)ai Malnl. Supplitt $30 40 155123 Mtsc Hardware E 602-49450-227 Utility Syilem Meint. Supplies $286 155192 lubneent E 101-43000-240 Smafl Tooii er^d Minor Equip $2342 155265 Fence Tool E 101-45200-223 Bidg^Oroundi Maint. Supplies $1339 155408 Brushes. Wire Wheel E 80149400-223 Bldp/GrourKts Maint. Supplies $4.12 155422 Teflon Tape E 61349830-221 Equipment Parts 6 Accessories $1904 155452 Container E 10145200-223 Bldg/Grounds Maint. Supplies $25.84 155489 Cham E 10142400-221 Equipmant Parta S Accaaaoriaa $5.31 155496 Saldty Glasses E 10141900-223 BWg/Grounda MaM. Suppliaa $8.07 155560 Ant Poison E 80249450-223 Bldg/Orounda Main! Suppliaa $21 25 155613 Moner Mix E 10143000-224 Straat Maint. Matartala/Suppiy $56 66 156048 Street Supplies E 10141900-221 Equipmant Pada & Accaaaoriaa $2128 156048 Soaker Hose E 60249490-223 Bldg/Grounda Mamt Suppliaa $1168 156198 Seatant. Soao E 01349830-221 Equipmant Parta 8 Accaaaoriaa $20 22 156223 OecK Sprayer E 10142110-201 Offica auppliaa $4364 156288 Keys. Tissue E 60249450-227 UtiMy Syatam Mamt Suppliaa R04 156305 Battery Clip Total NAVARRE HARDWARE $332 06 Paid Chk* 081581 8/22/2005 NEXTEL COMMUNICATIONS f t M, CITY OF ORONO 08/19/05 8 37 AM Pages i *Check Detail Register® AUGUST 2005 Ctiick Amt inv<Comment E 602-49490-321 Telephone E 613-40830-321 Telephone E 801-40400421 Telephone E 101-41900-321 Telephone Total NEXTEL COMMUNICATIONS 8100.00 328180427-02 $48.84 328180427-02 833.99 326180427-02 8318.30 328180427-02 PWCeU Phones PW Cell Phones PW Cell Phones PW Cell Phones 8498.93 Paid Chki 081582 8/22/2009 NORTH MEMORIAL CLtNIC-OCC HEAL E 101-42280-319 Other Professional Services TolM NORTH MEMORIAL CLINiC-OCC HEAL 81.657.00 80244 Fire Fighter Exams 81.657 00 Paid Chici 081583 8/22/2009 NORTHERN - HSBC E 802-49490-221 Equipment Paris 8 Acceuorles Total NORTHERN-HSBC 8199.99 194022828 Fuel Pump 8199.99 Paid Chki 081584 8/22/2009 O'SULLIVANS • HOLIDAY 946 E 101-42110402 Repairs/Maint-Auto Equip 817.58 Total 0*SULLIVAN8-H0LIDAYS48 817 58 Squad Washes-7/2005 Paid Cliki 081M9 8/22/2009 O'SULLIVANS HOUDAY 947 E 101-42110-402 Repairs/Maint-Auto Equip 8380 60 ORC Total O'SULLIVANS HOLIDAY 947 8380.60 Squad Washes-7^005 PaidChki OaiSM 802/200S OBENAIONER. SCOH E 10143000.226 doming A pofsonai aquipmant Total OBERMONEP, SCOTT $125.00 mtm 2005 Safaty Shoes $125.00 ♦ *. -mm ^ ^ 0 ^ Paid Chl5 081987 * “'8/22/2005 OFFICE DEPOT E 101-41900-201 Oflioe supplies E 101-42110-201 Ofhoe supplies Total OFFICE DEPOT 873.55 301703729-00 873.95 301703729-00 Office Supplies Office Supplies 1147.10 Paid Chki 081588 8/22/2009 ORONO SR HOUSING • WIRE ONLY E 239-49890489 Other Misceianeous Charges Total ORONO SR HOUSING-WIRE ONLY 121.989.09 8/22/2005 Tax increment 2005-1 821.989 09 |rr- Paid Chki 081589 *af22/2b05 ' OROURKE. ASHLEY E 10142110-201 Office supplies Total OROURKE. ASHLEY $149 99 8/9/05 DVO-R S149 99 Paid Chki 081590 8/22/7005 OTTEN BROTHERS E 10143000-224 Street Maint. Materials/Supply Total OTTEN BROTHERS $5751 7/22A)5 Top Soil Paid Chki 081591 8/22/2005 $57.51 PARADISE CHARTER CRUISES E 10141300489 Other Miscellaneous Charges Total PARADISE CHARTER CRUISES $300 00 8/31/2005 Employee Recognition H $300 00 Paid Chki 081592 8/22/2005 PHARO. CHRIS E 10142110-221 Equipment Parts & Accessories E 10142110-240 SmaR Tools and Minor Equip Total PHARO. CHRIS $65 60 6/6/06 $318 95 6/6/05 Booking Room Supplies Booking Camera $364 55 Paid Chki 061593 6/22/2005 PHOENIX TECHNOLOGY SOLUTIONS. E 10142280401 Repaiff/Maint-Offica Equip ___^50 00 IVCQQ557 Support 6/2005 Total PHOENIX TECHNOLOGY SOLUTIONS. $150 00 Paid Chki 081594 8/22/2005 PRAIRIE RESTORATIONS INC. 1 CITY OF ORONO OB/19/05 8:37 AM Page 9 *Check Detail Register® AUGUST 2008 Chack Amt Inv^ca Commant E 101-49200-404 Rapaln/Malnt-BMot/GrouiKto Total PRANUE RESTORATIONS INC. $217.14 05083 French Craek Park Main! $217.14 Paid ChM 081505 BG2/2005 REED VENDING E 613-40900-003 Coneaationt For Raula-Txbl Tout REED VENDING $88 90 5065 Concessions for Resale $88.00 PakfChki *0815^ 8/220005‘' WCtw’SUPERVALUE E 101-42110439 Mealing Espenset E 101-45200439 Maalino Expanses E 61349900-092 Soft Drinks For Resale E 61340630-221 Equipment Parts $ Accessories E 10142110-439 Meeting Expenses E 61349830-221 Equipment ParU 8 Accessories F 61349900-092 Soft Drinks For Resale Total RICKS SUPERVAtUE $18.55 $75.78 $25.47 $6.68 $11.87 $11.56 $1065 7/25/05 8/1/05 8/11/05 8/13AI5 8/14ri)5 9ism 8/5ri>5 Food • Oeparlment Meeting Meals - Big island Tour Soft Drinks for Resale Ice. Trash Bags - GC Water - Corn Days Supplies • GC Soda for Resale $182.76 Paid'ChWi 061897 802/2005 SAFETY SIGNS E 60149400415 Other Equipment Rentals E 10143000415 Other Equipment Rentals E10143000415 Other Equipment Rentals E 60149400419 Other Equipment Rentals Total SAFETY SIGNS $722.87 51519 $214.60 51523 $214 80 51523 $141.38 51620 Barricades/Signs - Nav Tower P Barricades/Signs • Kelley Pkwy Barricades/Signs - North Brown Barricades/Signs • Nav Tower P $1,293.45 Paid ChMI 081596 8/220005 SBC PAGING E 10142110-321 Telephone TeUI SBC PAGING $39.73 800009202610 Police Pagers $39.73 PatdCW08f599 8020005 SCHARBER»SONS E 61349630-221 Equipment Parts & Acoeworles Total SCHARBER S SONS $29.29 2050695 Pats $2929 Paid ChidP 081600 '0020065 ' iEMOR COMMUNITY SERVICES E10141800-490 Contributions to Civic Org’s $4,270 00 8/1/05 Total SENIOR COMMUNITY SERVICES ' $4,270.00 3rd Qtr 2005 Senior Services Paid Chk# 061601 8020005' SNYDER DRUG »M25 E 101-41900-201 Office supplies E 10142110-228 Training Supplies Total SNYDER DRUG #9029 $4 74 7/14/05 52431 7/16/05 Photos Range Supplies $2905 Paid Chk# 081602 8/22/2005 SPINDLER, GARY AND G 651-16500 Fixed Asset-Const, in progress Tout SPINOLER, GARY AND $1,900.00 8/11/05 Birch Lane SiSwr Condemnation $i.9oaoo Paid Chk# 081603 8/22/2005 SUBURBAN RATE AUTHORITY E 10141110433 Memberships 4 Subscriptions $300 00 2005 Total SUBURBAN RATE AUTHORITY " S30C 00 2nd Half 2005 Membership Paid Chk# 081604 8«2flf005 SUN PATRIOT NEWSPAPERS E 10141900-352 Pnntmg 4 Publishing E 10142400-340 General Advertising E 10141900-352 Printing 4 Publishing E 10141900-352 Printing 4 Publishing Total SUN PATRIOT NEWSPAPERS $254.72 7305 $270.64 7315 $71 64 7325 $47 76 7335 Ordinance #26 Applications Ordinance #27 Wetlands Protection Ord $644,76 Paid Chk# 081605 8/22/2005 THORPE OI8T CO. r- • f CITY OF ORONO 0a/1M5 8:37 AM Page 10 *Check Detail Register® AUGUST 2008 E 613 40900 001 SMrForRcMl* Total THORMDItTCO. ClwekMjt Invoico $153.50 362698 Cojnmont Boor tor Rtialo 6153.50 Pifij Ct» 061808 ~*»S5608 TOU OAS S WEtOINO SUPPLY E 101-43000-224 Strool MoM. Matartalt/Supply $55.35 367481 E 101-43000-224 SIfOOl MoW. Motartolt/Supply $8.24 460813 Total TOU OASSWELOINO SUPPLY $61.59 Wetding SuppDea Cylinder Invoice mmaoi unuforms unlswted E101-42110-228 ClolMng 6 poioanel equlpmenl E 101-42110-220 CMhlng 6 poreonol equipmem E101-42110-221 Equlpmenl Porta 6 Accouorle* Total UNVORMS UNUMI1EO $399.22 260493 $14.30 262624 $110.54 283250 Holster - TomcliecH Bar-Tomczyk Battery Peck $524.14 Ww ChfiToOIMO 6«25o05" "OS^oVfAfiS POSTAL SERVi» ' ‘ E101-41900-322 Poatage $2,000.00 89549067 Postage for Meter Total UNITED STATES POSTAL SERVICE PawchfirdoW’nKa^ Ifmco’Scr...... E 001-40400406 Rapalrs/Molnl4Valormains/planl $2,000.00 $1,465.41 34317 Injectors - Nsv Water Total VESSCOINC.$1,465.41 WEIST, KATHY E10M2260-221 Equif>merM Parts 8 Aocesteriai E 10142260-221 Equipment Parts 8 Aocestofles Total WE18T. KATHY $53.57 5/13/05 $55.01 7/2A)5 Kitchen SuppHei Medical Supplies $106.55 . >^aWThlii 061611 aO2«0dS t^MITE.TOtlY E 10M21KM37 Trainino 8 Development $160.62 7/25/05 Meals - DEA Training Total WHITE. TOMY $16062 Paid CM(# 001612 6/22/2005 WITTKE, TONY E10142110-226 Clolhing 6 personal equipment Total WITTKE, TONY $129.90 8/2A)5 Uniforms $129.90 rs» .*0 #♦* •^ ^ •.f Paid ChM dai613 ' HilUOOi XCEL ENEROY E6m9630-361 Gas 8 Electric E 101-45200-361 Oas 8 Electric E 601-49400-361 Gas 8 Electric E 101-43000-361 Gas 8 Electric E 101-42260-361 Gas 8 Electric E 101-42110-361 Gas 8 Electric E 602-49450-361 Gas 8 Electric E 101-43000-366 Street Lighting E 101-41900-381 Gas 8 Electric E 101-42110-361 Gas 8 Electric Total XCEL ENERGY $975.22 $2302 $3,786.19 $356.24 $55966 $790 18 $1,643.07 S1.356.15 $1,827.74 S915 3639614 3639614 3639614 3639614 3639614 3639614 3639614 3639614 3639614 3639614 Electrical Service Electrical Service Electrical Service Electrical Service Eiectncat Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service $11,526.62 Paw Chki 061614 8/22/2005 YELLOW BOOK USA E 613-49830-340 General Advertising Total YELLOW BOOK USA S65 00 303866 Directory Advertising $65.00 10100 Primary Cash S331.711.92 ftmitnqne Mu- lEElV .'-JWl FundSufnmwy 101 GENERAL FUND 231 ORUO/FBLONy FORFEITURE FUND 236 SENIOR HOUSINO TIF FUND 402 MUNIOFAL ST AID ST CONSTRUCT 001 WATER ORERATINO FUND 002 SEWER OPERATING FUND S13 GOLF COURSE SSI STORM WATER UTILITY OP FUND 703 INSURANCE FUND CITY OF ORONO Check Detail Register® AUGUST 2008 Chtck Amt Invote* Commwit 10100 PrtmafyCnh t06.328.33 S32.S7 t22.164.00 8023.06 t132.4S7.36 851.366.31 87.774.85 83.724.60 816.010.75 8331.711.02 I: M' ;'.:»;:K€sK3*<iaMi ■' r it f LLj ■. ;».1 *'1jW .\ ■: "■K* •. -a:* I. mmmmpjf|M ■b:: 00/1W050:37AM P«g« 11 1 0049M 004SM 004997 004000 004909 I • Ctitcli Numbtf Employ #• Namo MOORSE. RONALD J. 8ILUS. BARBARA 0. VEE. UN0A8. KUEHN.THOMA8M. OL80N. RONALD J PETTIT. 8ANDRAK. AN0ER80N. BRUCE L BOBZIEN. 8UEA. BORI8.8COTTW. BUDIO. STACIE M. CORNICK. JAMES L DAY. SUSAN J. DEMBOU8KI. JAYC. FISCHER. CHRISTOPHER K GOOD. 8TEPHANYR. MCNICHOLS. DAVID L. PHARO. CHRISTOPHER M. RU88ETH.KYLEM. 8CHOENHOFF. JOHN B. STENSRUD.CHADR. TOEWE. KIMBERLY D. TOMCHECK. LAWRENCE F. TOMC2YK.MARKW. WHITE. ANTHONY J. WITTKE. ANTHONY A. KLISZCZ. DAVID A. OROURKE. ASHLEY CURTIS. MELANIE OAFFRON. MICHAEL P. OAPPA. GREGORY A. GIBBS. WiaiAM R. GUNDLACH. JANICE J. MEYER. WiaiAM C. OMAN. LYLEE. OEBAERE. DONALD L FASCHING. GREGORY P. HANSEN. STEVEN OBERAIGNER. SCOTT G. OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J. PETERSON. TAYLOR F. DODGE. RACHEL M. LESKINEN. DENISE M. BOBZIEN. SUE A. BORIS. SCOTT W. ERICKSON. KURTR FARNIOK. CORREY L FISCHENICH. DAN T MADSON ADRIENNE M. MCNICHOLS. DAVID L. MOROWCZYNSKI. JAMES PERSELL. WILLIAM R TOMCHECK. LAWRENCE F OAFFRON. MICHAEL P. OMAN. LYLE E VANG. BRUCE L GREGORY. JAMES D. HANSEN. STEVEN 004S01 004602 004603 004604 004605 004606 004607 004606 004600 004610 004611 004612 004613 004614 004618 004616 004617 004616 004610 004620 004621 004622 004623 004624 004625 004626 004627 004626 004620 004630 004631 004632 004€-‘-» 0046;>4 004635 004636 055273 055274 055275 055276 055277 055278 055270 055260 055281 055282 055263 055264 086265 055266 055267 055286 055210 Pay Ptflod 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 CITY OF ORONO check register ClMCk Amount Chock Ooto Chock Status $2,399.44 1627.06 $1,110.43 $1,409.19 $1,231.14 $1,099.99 $2,297.06 $999.00 $20.00 $963.92 $2,046.16 $1,409.16 $1,947.24 $1,961.99 $2,002.90 $1,100.00 $1,429.41 $1,494.90 $1,629.32 $1,379.94 $1,379.79 $900.00 $1,469.00 $1,301.30 $1,499.43 $244.62 $796.47 $1,244.94 $129.00 $1,920.42 $1,199.04 $1,374.77 $495.59 $1,400 00 $1,269.79 $1,01372 $675.00 $1,592.97 $55000 $400.00 $20000 $59 00 $1,099 89 $93900 $66.87 $1 597 53 $1.792 95 $2.02070 $1.66983 $92360 $631.64 $1.749 53 $804.02 $695 34 $1.438 95 $356.78 $1,385.06 $1.04582 $594 18 8/17/2005 Outotanding 9/17/2005 Outstanding 8/17/2005 OutsUnding 8/17/2005 OutsUnding 8/17/2005 OutsUnding 8/17/2005 OutsUnding 8/17/2005 Outstanding 9/17/2005 OutsUnding 8/17/2005 OuUUnding 8/17/2005 OutsUnding 6/17/2005 OuUUnding 8/17/2009 OuUUnding 8/17/2009 OutsUnding 9/17/2005 OutsUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2009 Outstanding 6/17/2005 OuUtanding 9/17/2005 Outstanding 8/17/2005 OuUUnding 8/17/2009 OuUUnding 8/17/2005 OuUtanding 6/17/2005 OuUUnding 8/17/2005 OuUtanding 8/17/2005 OutsUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUtanding 8/17/2009 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 Outstanding 8/17/2005 OuUUndmg 8/17/2005 OuUtanding 8/17/2005 OuUUnding 8/17/2005 OuUUnding 8/17/2005 OuUtanding 8'17/2005 OuUUnding 8/17/2005 OutsUnding 8/17/2005 OuUUndmg 8/17/2005 OuUUndmg 8/17/2009 OuUUnding 8/17/2005 OutsUnding 8/17/2005 OuUtanding 8/17/2009 OuUUndmg 08/16/05 9:50 AM Pago 1 CITY OF ORONO chock rogistor Chock Numbif EmployMNMii Hy Ptflod Chock Amount Chock Mo Chock Stotuo 0SS290 055291 055292 055293 055294 055295 055296 055297 055296 055299 055300 055301 055302 055303 OBRIEN. RANDY L. PALMER. GREGORY A. RATHBUN. BARRY J. 8KREEN.0ALE8. ElOUM. PHILIP HAMBRO.MAR8HAILJ. JENSEN. ROONEY W. MCMTYRE. WILLIAM E. PEICKERT. GARY J. ROSS. JOHN A. SCHNEIOER. LLOYD SMYTH. KATHERINE R. STEPPENHAGEN. RONALD STORK. JOHN T. 17 17 17 17 17 17 17 17 17 17 17 17 17 17 1447 15 1772.27 •1.372.73 •1.132.29 •269.11 •94.29 •161.06 •255.37 •343.66 •136.32 •160.69 •146.54 •1.409.23 •294.67 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 OutsUnding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 Outstanding 8/17/2005 OutsUnding •74,679.54 k iii* im' ■■ 08/16/05 9:59 AM Page 2 i CITY OF ORONO Check Detail Register® 0V17/05 7:27AM Pag«1 AUGUST 200S Chtfc Amt liwolc« ConMwwit 1MM CMh PaidChWl otlW B^17/io6i mS^NATlbNAL BANK OP LAKES 0101-21701Federal Withholding $11,005.51 FEDERAL W/H 0101-21703FICA Tax Withholding $5.033 37 FICA A MEDICARE W/H 0101-21703FICA Tax Withholding $5,033.37 FICA A MEDCR CITY SHARE Total FMST NATIONAL SANK OF UKES $21,072.25 0101-2170S OttwrfMranwM ToM ICaiARIT ,J1 iTTflUST-4f7 $usa.62 SU86.62 Pm CM (Aim a^17/200S UWOtFOUCMCimAtORSCRVICE 0101-21707 Union Dues S718.S2 Total LAW mroOCMOITLAOOil SERVICE 1716.52 Paid ChM OSI607 1/17/2006 MN DERT OS REVENUE 0101-21702 State Withholding Total MNOERTOE REVENUE $4.680 56 1323.23 $4,660.56 PM^M oS^’ STATE RETIREMENT SYS 0101-21716 Post Empioymant Health $323.23 Total MN STATE RETIREMENT SYSTEM PaU OiMi aWf ...17{7?S5 o5 nati6^oe retire 0101-21705 other Retifafnant 0101-21706 Other Retkement Total NATENWWOERETilEMENTSOLUnON LNT SOLUTION $2,010.00 $166.67 $2,176.67 ST^/SfiSS ORCMAROTRUST CO. TRUSTEEACUST 0101-21706 Other ReUremenl $3.032.66 Total ORCHARD TRUST CO. TRUSTEE/CUST $3,032.66 PUEUC EMPLOYEES RET1Piiddhlii Oilfll 6/1>/2005" 0101-21704 PERA 0 101-21704 PIRA Total PUEIIC EMPLOYEES RETIREMOIT ChM dlf5~i2 Br?56o5 nuiiiiomY G 101-21706 UniMWay Total UNiTEOWAY lEMENT $7,633.04 $6.105.71 $14,036.75 $66.00 $66 00 Fund Summary 101 GENERAL FUND 10100 PrtmaryCash $47.317 28 10100 PrtmaryCash $47.317.26 $47,317.26 DEFERRED COMP-302030 UNION DUES #40 6 6166 STATE TAX W/H post retirement U8CM • ENTITY 2330 OBRA62343 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS Orono Police Department Memo V I ’■ Mr.Mooree ChM SgLFamiok August 15,2005 WMDTF In July of2004, the West Metro Dmg Task Force (WMDTF) was created through an agreement with the Hennepin County SherifTs Office, Mound Police Department, Medina Police Department, West Hennepin Department of Public Safety and the Orono Police Depulment. Thtougfi the end of April 2005, the WMDTF opened 89 cases, arrested 50 individuals and executed 74 search warrants. The WMDTF seized controlled substances with a street value of approximately $1,387,447, $142,719 cash, approximately $84,300 motorized vehicles and approximately 40 guns. Cases were opened based on information arising from the cities being served by the WMDTF. Each City entity contributes one investigator and essential equipment (vehicle, phone, etc.). The Hennepin County SherifTs Office contributes a working Detective Supervisor and one investigator. Cases, case audits, evidence and forfeitures are handled throu^ the Hennepin County Sheriffs Office. Monthly reports are provided to each of the city chiefe of police. Operating costs for 2004 totaling $30,000 were contributed by each participating agency. In 2005/2006, it is anticipated that the forfeinue revenue will cover the estimated $28,000 operating costs. Operating costs cover investigative expenses, supplies, chemical analyses of suspected controlled substances, telephones, pen registers, etc. It is anticipated that when the WMDTF has accumulated two years of operating costs from forfeiture revenue, that each of the participating agencies will be returned a portion of the remaining revenue. r- f a . n August 8,2005 Chief Stephany Good Orono Police I>epartment P O Box 86 Crystal Bay, MN 55323 Dear Chief G We have been working with your Community Service Officer, Chris Pharo for a period of time on two very tricky Animal Control issues. The first case was one of 2 barking dogs at the home of Jennifer VerVoort-Smith and was a very difficult case due to the size and proximity of her property and the ability to ascertain just exactly where the balking was coming from. Office Pharo effecti'^ely brought this case to resolution through his tireless efforts, much to our delight. We thank him very heartily for resolving this case. The second case, of course, was the case of the infamous Crowing Rooster at the Kling residence on White Oak Circle. Officer Pharo worked tirelessly on this case, and I mean that literally. He worked so hard, and at one point even gave up some of his own sleep to position an umarked squad car on the Luce Line Trail beginning at about 4am to try to catch the Rooster in the act of the first crow of the morning. Officer Pharo put up with numerous complaint calls from me. During the time we worked together, we lost an enormous amount of sleep at our house, leading to a desire to resolve the situation quickly, and at all cost. Officer Pharo was very patient and analyzed the case and determined exactly what it was going to take to bring the case to resolution. He creatively utilized today’s technology to measure the evidence which had w I gathered and artfully presented the evidence to the Rooster o^ers in a very diplomatic way which helped them to come to their own decision to find a new home for said Rooster. It is my observation that Officer Pharo has as keen an understanding of Human Psychology and Human Nature as he does of the practical reach of the Law, and he knows how to utilize them both to resolve complicated cases. We feel very fortunate to have him at the Orono Police Department, and owe him a deep debt of gratitude for his patience and hard work on both of these cases. It is because of his hard work that we are no longer awakened at 2:00am and 5: ISam, and can once again sleep with our windows open and enjoy the wonderful summer breezes. Thanks again to you, and to Officer Pharo. We truly appreciate all your hard work. Dwight and Karmen Post 2755 Deer Run Tnul E Orono, MN 55356 Ph. 952-404-2852