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HomeMy WebLinkAbout10-24-2005 Council PacketPi FBLIC An ENDANCE Meeting D ate ^ 0COUNC1L □ Planning C ommission □ Park Commission □ Other PLEASE nLLOUTTHE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1 3. m 5.. 6.. 7. 8. 9. 10. 11. 12. 13. 14.. 15. WfUinanli iriilet Mk AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 24,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 27*0 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to he routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarduig 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 1. Approve/Amend APntOVAL OF MINUTES * 2. Regular Council Meeting of October 10,2005 PUBLIC HEARING • 7:00 P.M. 3. Certification of Delinquent Utilities and General Service Fees - Resolution PRESENTATION 4. Mike Bash, Orono School District Referendum 5. Sally Koenecke, Lake Minnetonka Communications Commission - 2005 Proposed Budget PARK COMMISSION COMMENTS - Michael Huddy, Representative PLANNING COMMISSION COMMENTS - Cynthia Bremer, Representative PUBLIC COMMENTS - (Limit 5 MInHtes Per Person) ZONING ADMINISTRATOR'S REPORT 6. #05-3124 William and Rhonda Omlie, 1860 Shadywood Road - Variance - Denial Resolution 7. #05-3152 Boh land Development on behalf of James D. Mackinnon et al, “3500” Watertown Road -Sketch Plan: Residential PRD Plat 8. #05-3153 City of Orono, Amendment to Municipal Zoning Code Section 78-1577: Exterior Storage - Ordinance ♦ 9. #05-3156 Sonya Garnett on behalf of Kevin Garnett, 450 Orono Orchard Road South - Conditional Use Permit - Resolution ’ • 10. #05-3157 Martha T. Mason on behalfofSara Moos, 2160 Webber Hills Road-Variance 11. #05-3160 Judson M. Dayton, 825 Old Crystal Bay Road South - Lot Line Rearrangement MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 12. Request for Payment Number 2 - Lee Carlson Ballfield Trail Project 13. Award Contract North Farm Drainage Improvements Project AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 24,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT 14. Accept Resignation of Police Department Office Manager Sue Bobzien and Advertise, Test and Hire PD Office Manager Position - Recognition Resolution 15. Approve Part-Time Temporary Administrative Support Assistant for the PD 16. Replacement of Bullet-Proof Vests 17. MCWD Agreement Regarding Funding, and Conservation Easement - Big Island Veterans Camp Property OTY ATTORNEY’S REPORT 18. LICENSES Kennel * 19. BILLS UPCOMING ISSUES AND EVENTS 2005 10/21 10/22 10/24 10/25 10/28 10/29 10/30 Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. Council Meeting, 7:00 p.m. Council Work Session, Tuesday, 5:45 p.m. Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. Dayli^t Saving Time ends 11/02 - Planning Commission Work Session, Wednesday, 5:30 p.m. 11/04 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 11/05 - Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 11/07 - Park Conunission Meeting, 7:00 p.m. (Council Liaison - Lili McMillan) 11/11- HOLIDAY, Observance of Veterans Day, Friday 11/14 - Council Meeting, 7:00 p.m. 11/15- Council Work Session, Tuesday, 5:45 p.m. 11/21 - Planning Commission Meeting, 6:00 p.m. (Council Liaison -Bob Sansevere) 11/24 - HOLIDAY, Observance of Thanksgiving Day 11/25 - HOLIDAY, Observance of Thanksgiving Day 11/28 - Council Meeting, 7:00 p.m. -- MINUTES or THE ORONO CITY COUNCIL MEETING MoMlayy October 10,2005 7:00 o ’clock p.in. ROLL OiyQP The Orono City Council met on 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 Rolfe Worden; Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaf&on, Planners Janice Gundlach and Melanie Curtis; Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:05 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA APPROVE/AMEND Items 5,10,11,12,13,14 and IS were added to the Consent Agenda. Marphy moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF SEPTEMBER 26,2005 Morphy moved. White seconded, to approve the minntes of the September 26,2005 City Connell mcctiag as snhmlttcd. VOTE: Ayes 5, Nays 0. PRESENTATION 3. HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY (DAKOTA RAIL CORRIDOR) - RESOLUTION NO. 5386 Marcia Wilda and Jcjsica DeLatts, Hennepin County Regional Railroad Authority, and Linda Koblick. Hennepin County Commissioner, were present. Marcia Wilda. Hennepin County Regional Railroad Authority, addressed the City Council regarding private encroachments onto the Dakota Rail Corridor right-of-way. Wilda indicated the HCRRA is in the process of updating their policy regarding private use of the corridor nght-of-way and would like to gain input from the public rsg^ing the policy. PAGEl ■J ft \ ?. ,*a A V«-■ ■> MINUSES OF THE ORONO CITY COUNCIL MEETING Monday, October 10.2005 7:00 o’clock p.m. (HcBBcpin Connty Rcgkmal Railroad Aathority, Coattaued) A brief video was shown illustrating portions of the Dakota Rail Cemidor and the increasing number of encroachments into the right-of-way. The Hennepin County Board formed the HCRRA in 19S0 and its mission is to acquire abandoned railroad corridors and preserve them for future transportation uses. HCRRA is one of several agencies within Minnesota that was established to preserve rail corridors and its policy must be updated to clearly identify what interim uses are or are not acceptable. An unauthorized use means that an adjacent property owner is using the Railroad Authority's property without permission and without a written agreement. The HCRRA assists the state of Minnesota in transit planning, preliminary engineering, and community participation, but its primai^' role is to continue to acquire railroad corridors for future transportation uses. The HCRRA first purchased in 1981 a IS-mile corridor from Hopkins to Victoria, and the Railroad Authority has since acquired a number of other corridors. The Railroad Authority currently owns 57 miles of rail corridor, 11 park and ride sites, and three depot buildings. It was noted that many recreational trails along the corridors have been constructed as interim uses. The Railroad Authority cannot, by statute, construct or operate recreational trails. The trails that are currently in existence along the corridors have been constructed by park agencies. The trail corridor is typically 100 feet w«de, with the actual trail being 16 feet wide. The park agency is responsible for maintaining the trail and the HCRRA is responsible for maintaining the remainder of the corridor. Hennepin County Regional Authority’s current policy states very clearly that unauthorized uses are not allowed. These private uses must either be terminated or formalized through a written agreement with the Railroad Authority. The lease agreements grant exclusive ri^ts to the adjacent property owners to use the corridor for specified purposes and for a specified time period. Depending on the terms of the agreement, property owners have been permitted in the past to add structural improvements such as fences and pavement. It was noted that rent is charged to the property owner for the exclusive use of the land. Many of the agreements have been assumed from the railroads by the HCRRA and have been allowed to continue. Another way that the HCRRA allows approved uses is through a landscape permit. Current landscape permits allow a property owner to beautify the area with plantings, but the property owner is not allowed to erect fences, mow grass, install pavement or park cars, and the permitted area must be open to the public. A one-time fee is charged for a landscape permit. Wilda indicated unauthorized uses are increasing. In addition, new residential development has created more properties along the corridors and more uses are being added. Signs have been erected delineating the corridors. Unauthorized uses create issues with enforceability, liability, aesthetics, and other issues. The Railroad Authority's policy regarding unauthorized uses is bemg reviewed. Written agreement for approved uses designate who is responsible when problems occur. The Authority’s goal is to establish clear guidelines to eliminate unauthorized uses in a fair manner. The Authority is also looking at whether a landscaping plan should be implemented along the various corridors. PAGE 2 1 i MINUTES OF THE ORONO aTY COUNCIL MEETING Monday, October 10,2005 7:00 o’clock p.ni. (Hennepin Connty Regional Railroad Authority, Continued) Gabriel Jabbour, Orono, indicated he has been working, along with the Orono City Administrator, with the Hennepin County Regional Railroad Authority for the past several years. Jabbour indicated the staff of the HCCRA has been extremely helpful. Jabbour stated it is important that the City Council and the HCRRA understand how vital the trail is. White stated he also has worked with Wilda on a real estate development project regarding the width of the corridor in one section and complemented the HCRRA staff for their efforts. Sansevere inquired whether Marcia Wilda would be the contact person regarding questions or issues the residents may have. Wilda stated she is the contact person. Wilda stated she can be reached at 612-348-8537. Julie Lofrano, 3365 Crystal Bay Road, indicated they have a garden located ten feet from the corridor, and inquired whether they could obtain a lease to continue to use that land. Wilda stated the corridor typically is 100 feet but is a little narrower in the area of the Lafayette Club. Wilda indicated it is possible that the HCRRA will write a temporary lease to continue to allow that use. Arm O’Riley, 3349 Crystal Bay Road, inquired whether the setback and amount of land would change. Wilda stated the policy is not updated enough to deal with what is currently happening along the trail and that the HCRRA is interested in obtaining public comment regarding possible changes to dieir policy. O’Riley inquired whether they would be able to lobby for a change in the setback. Wilda stated the HCRRA will not be selling any of the comdor but that there is the possibility of having interim uses of the corridor through leases or landscape permits. O’Riley inquired whether the policy would apply to the entire corridor or whether it would be determined house by house. Wilda stated they would not be going house to house with the policy but that it would be consistent along the entire length of corridor. Wilda stated the HCRRA would be determining which uses would be acceptable. Wilda indicated leases are based on the market value of the property. Wilda stated the policy may deal with sections of the corridor in categories, residential versus commercial, and that the HCRRA is looking for input at this time from the public. Wilda pointed out the property belongs to the Railroad Authority and the goal is that no one would be allowed to do anything on the Railroad Authonty's property without a written agreement. Jane Price, 3393 Crystal Bay Road, questioned whether existing structures or sheds that were located on the Railroad Authority’s property at the time they purchased the property would need to be removed. PAGE 3 1 prr MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o’clock p.m. (Hcaacpla Coaaty Regloaal Railroad Aotborlty, Coatiaaed) Price stated she does not feel die shed is her responsibility since it was there prior to her purchase of the property and the land beltmgs to die Railroad Authority. Wilda stated if the property owner does not want to claim the structure, the Railroad Authority could have it removed. Job LoFrano, 3365 Crystal Bay Road, stated he has a steel structure that he believes belonged to the railroad at one time. LoFrano stated he has a concern with the walking trail. LoFrano noted he has SO feet from the trail to his house and expressed concern regarding theft. Wilda stated the Railroad Authority is not involved with construction or operation of the trail but that Three Rivers does the construction of the actual trail. Wilda stated in some instances buffers are considered when the residence is in close proximity to the trail. Wilda pointed out she deals with unauthorized uses of die corridor and not ctmstruction of the trail. Wil^ indicated the number for Three Rivers 763*559-6761 and the contact person is Boe Carlson. A resident inquired if a fence could be constructed at the 50-foot mark. Wilda stated a fence can be constructed on the private land, but that she cannot guarantee that the railroad’s property is exactly 50 feet along the entire corridor. Wilda noted signs denoting the corridor have been erected on a large number of properties. McMillan inquired whetiier the signs are located on both sides of the corridor. Wilda stated they are attempting to install one on every other property on both sides of the corridor. Mark Zagaria, 3295 Crystal Bay Road, inquired how road crossings would be handled. Wilda stated the existing road crossings have been discussed with City Staff and that all the crossings will remain to her understanding. Kathleen Melin, 3309 Crystal Bay Road, inquired about a driveway easement Wilda explained that there is a stretch along Crystal Bay Road where property owners do not have access to their garages except on a road that is located on the Railroad Authority’s property and that they are recommending a temporary easement or agreement be signed allowing access to those properties. Tom Anderson, 3349 Crystal Bay Road, questioned the need for a SO feet right-of-way, and suggested that the inoperty owners be given the ability to use the extra land until such time as light rail transit is constructed. PAGE 4 MINUTES OF THE ORONO €TTY COUNCIL MEETING Monday, October 10,2005 7:00 o*clock pjn. (Hennepin Connty Regional Railroad Anthority, Continned) Wilda stated sheds would be considered an exclusive use and would be encompassed under a lease and that gardens would probably fall under a landscape permit. Wilda stated she does not at this time know if those policies will be adopt^. Mayor Peterson inquired whether the residents along the trail would be given notice of the public hearing to he scheduled later this year. Wilda stated notice of the public meeting would be given to each of the individual cities with a request that the residents be notifi^ of the meeting. Linda Koblick, Hennepin County Commissioner, stated Hennepin County is interested in preserving these corridors for future transportation and duit HCRRA's policies need to be updated Koblick stated they do work with the cities to enforce violations and that they are interested in adopting policies that will work for most properties. Koblick stated the public hearing will likely be held at the end of the year and a vote will be tndcen on the policy once it is developed. Koblick stated they would like to get the input of tlw public on what the policy should be relating to acceptable uses. Murphy noted the City Council has a resolution supporting the Railroad Authority and the HCRRA maintaining autfiority over the corridor. Mui|ri)y stated to his experience right-of-way is a legal term that is bound in law and that leases and easements need to be entered into if there is any encroachment with that right-of-way. Murphy noted the Luce Line is located cxi Excel’s land, which does give the city precedence. Muiphy stated it is important for the Railroad Authority to be able to control this right-of-way, noting that if this corridor is not preserved, it will not be available in the future. Murphy stated the City has to guard against that corridor ^sappearing and that in his opinion the Railroad AuAority is being prudent in its planning. Mayor Peterson read the proposed Resolution. White moved, MeMUIan seconded, to adopt RESOLUTION NO. 5386, a Resolution regarding the nse of the Dakota Rail Corridor. VOTE: AyesS,Nays0. Peterson stated the residents would be notified of the public hearing. Sansevere inquired what die average width of lots are along this corridor. A resident indicated diey range between 50 to 75 feet. Gabriel Jahbour requested the residents be told an average price that they could be charged for an agreement PAGES T MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o ’clock pjn. (Hcaacpta Coooty Rcghmal Railroad Aathority, Coatiaaed) Wilda stated she is guessing the property in Orono would be valued at approximately $7.00 per square foot as the market rate and that they are looking at charging seventy cents per square foot to lease the property per year. (Recess lakea from 8:11 p.m. to 8:19 p.m.) PARK COMMISSION COMMENTS - PAUL PESEK, REPRESENTATIVE Pesek stated the Park Commission is compiling a tree ordinance, looking at the possibility of creating a dog park in Navarre or at the Zero Gravity Skate Park, and training for every commissioner. Pesek commented that the Planning Commission does not seem to have a clue of what is going on in Orono. Pesek indicated the Park Commission is also in the process of reviewing their maintenance budget and will be submitting it to the Council for their review in the near future. Murphy inquired how the Park Commission is going to determine the demand for a dog park. Pesek stated the dog park would cost approximately $12,000 and that in his opinion the City should just go ahead and build it and see if it gets utilized. PLANNING COMMISSION COMMENTS - TRAVIS WINKEY, REPRESENTATIVEI Winkey had nodiing to report but indicated he would be available for questions. PUBUC CO I:;nts Adam LaFavre, 1S3S Boluis Point Road, stated they have some issues dealing with a gate they would like to iiutall on their property and that they would like to get this situation resolved. Gundlach noted this issue was discussed at the last City Council work session and that the City’s ordinance currently does not spe^.ifically address the height of the gate between monuments. Gundlach indicated the Council discussed changing the code to read six feet as the maximum height of a gate. Gundlach stated there is a middle piece cm the LaFavre’s gate that does not meet the six feet restriction and that the party’s contractor has been notified of the six-foot height restriction. Gundlach stated cunently the city’s ordinance allows a gate that is 42 inches in height and that the Council has agreed to increase it to six feet. The ordinance cannot be changed until a public hearing is held, which pro ’oably will not be until November. Gundlach noted the gates have been installed. PAGE 6 ------ n MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o’dock pjB. (PabMcO lit, CoatlMcd) LaFavre atated the gam have been custom made and that they have pictures of approximately 20 residences diat have gates in Orono. LaFavre stated he would like the gates for protection, and inquired what he needs to do in order to comply with the City’s regulations. Gafihxi stated Otis issue probably would not be resolved until January or February. Sanseveie stated Ote safety factor was probably the motivating factor for increasing the maximum allowed gate height to six feet. Peterson stated a public hearing would be scheduled before the Planning Commission in November regarding the hei^ of gates, but that the City is not requesting the gates be removed at this time. Gaffiron stated the earliest a variance application could be made would be the end of January after the ordinance has been formally adopted. LaFavre inquired whether die other gate could be installed and made operational. LaFavre indicated they would like to have the gates installed for safety reasons. Sansevere suggested the property owner speak with the manufacturer of the gate to see if the gate could be reduced down to six feet. Peterson inquired whether the other gate could be installed and whether it would be considered after-thc- fact. Gaffion stated it sounds like there are two entrances with two sets of gates, which Staff was not aware of, but would reference the submitted plans. LaFavre stated there are two driveways into the property, but indicated the other gate is smaller and the second gate is a little over seven feet tall. Sansevere inquired whether the gate would be seven feet high from ground level. LaFavre ’s connector stated the panels of the gate are seven feet tall. Sansevere suggested in the future the contractor contact the City regarding lieight restrictions prior to starting any work in Crono. Peterson stated Staff was not aware that there were two separate entrances with two separate gates. LaFavre ’s contractor indicated he did submit plans depicting the two entrances and the two gates. Peterson recommended the contractor contact Staff tomorrow to try to resolve some of the issues. PAGE? r J MINUTES OF THE ORONO CITY COUNCIL MEETING MoMUy, Octobtr 10,2005 7:00 o’deck p.m. ZONING ADMINISTRATOR’S REPORT I 4. 005-3000 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST > PUIVDEVELOPMENT PLAN APPROVAL - DOCUMENTS AND RESOLUTION NO. 5387 It Phillip and Gina CarUon, and JefTTropsik, Engineer, were present. Gundlach stated the City Council reviewed this application at their last meeting, with the application being tabled to allow the City Engineer and appropriate city stafT to review the revised StormTech stormwater plan. The applicants are requesting final PUD approval to construct ten units of office condomiums on ten lots. After a comprehensive review of the StormTech plan, StafT and the City Engineer have determined that due to the continued maintenance required and die existence of an alternate, more efficient plan, it was not in the best interest of the City to allow the StormTech system and the applicants instead will be using the MN/DOT pond located at the northwest comer of Brown Road and Highway 12. Murphy moved, Susevcre secooded, to adept RESOLUTION NO. 5387, a Resolatlon graatiag general devdopment plaa approval for plaaaed nalt dcvdopmeat NO. 2C for Interspace-West, Ine., laclndlag approving the Preliminary and Final Plat of Amber Woods Office Centre, Vacadag Existing Drainage St UtlUty Easements and adopthm of the PUD No. 2C Ordinance and Development Contract. VOTE: Ayes 5, Nays 0. *5. 405-31 IS WJM PROPERTffiS, LLC, 2605 WAYZATA BOULEVARD WEST - CONDITIONAL USE PERMIT - RESOLUTION NO. 5388 Mnrphy nwved. White seconded, to adopt RESOLUTION NO. 5388, a Resohition Granting a Conditional Use Permit and an Amendment to the Existing Industrial She Plaa Approval for the property located at 2605 West Wayxata Boulevard. VOTE: Ayes5,NaysO. 6. 405-3121 NARROWS SALOON, 3382 SHORELINE DRIVE - CONDITIONAL USE PERMIT Cindy Sutflicimer, Applicant; Syhia Frank, Architect; and Jim Benshoof, Parking Consultant, were present. Gaflfron slated the applicants are requesting city approval for an expansion of the Narrows Saloon in Navarre and a conditional use permit. They are currently operating a conditional use permit granted in 2000. The applicants are requesting an amendment of the existing conditional use permit to allow a 50' by 44’ interior expansion of the bar/restaurant into the spaces previously occupied by a dry cleaner and Ann Hair Fashions. In addition, the applicants are requesting an amendmmt of the existing conditional use permit to allow outdoor seating at the rear of the building, adjacent to the City owned PAGE 8 .r MINUTES OF THE ORONO OTY COUNCIL MEETING Moiday, October 10,2005 7:00 o’clock p.in. (#05>3121 Narrows Salooa, ConHaued) parking lot but within the applicant’s property, measuring 837 square feet in area or approximately 32 additional seats. The Planning Commission initially reviewed this application and held a public hearing on June 20,2005, at which time the application was tabled and the applicants were advised to revise plans. The Planning Commission subsequently reviewed a revised plan and held a second hearing on July IS, 2005, at which time the application was again tabled with the applicant given additional direction to provide further revisions and to provide a study of the parking situation. A third hearing before dte Planning Commission on the application was held on September 19,2005, at which time the Planning Commission voted 7*0 to recommend approval of a conditional use permit for expansion of the saloon subject to the following: 1.The outside seating area at the rear of building be limited to 837 square feet and no more than 32 seats. 2.Hours of operation for outside seating: No seating or alcohol to be allowed in outside area after 10:00 p.m. Sunday through Thursday evenings, 11:00 p.m. on Friday and Saturday evenings. This area would be open to smoking only after those hours. 3.There shall be no amplication or speakers outside the building, nor in the outdoor seating area, to limit any outdoor noise impacts. 4.The easterly access door to the outside seating area from the restaurant, shall not be bifold but shall be a self-closing door to eliminate direct noise/music impacts to the outside area. 5.Conditional use permit approval shall be subject to a specific wrinen condition that the use be reviewed after one year of operation. Gaffron stated the property is zoned B>l Retail Sales Business District, with the proposed expansion of the existing Class II Resuurant use requiring an amendment of the existing CUP. Gaffton noted the expansion would not go outside the structure of the building except for the outdoor seating area. Gaflron stated the existing restaurant use in this area appears to be consistent with the intent of the Comprehensive Plan, which is to provide for commercial businesses that serve area residents. Gaffron stated an issue has been raised during the public hearings whether the use after the proposed expansion will be consistent with the City’s policies and goals. Gaffron read the pertinent policy statements for consideration by the Council. Gaflron indicated the Planning Commission did discuss the possible regional draw of the entertainment aspects of the expanded use. Council should consider whether the expansion may push the size or magnitude of the use beyond the scale that is compatible with the surrounding neighborhood. The Planning Commission concluded that it would. PAGE 9 I ihWnaeiTi MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o’clock p.m. (#05*3121 Narrow! Salooa, Coatiaacd) Gaffron stated the hardcover for this site is at nearly 100 percent. The proposed bermed planting area abutting the outdoor seating has the potential to reduce hardcover by approximately 150 square feet or down to 98.9 percent. No new hardcover is being added, but the vestibule converts 88 square feet of pavement to structure. Gaflron pointed out Orono ordinances require that parking be provided at a rate of one stall per 80 square feet of public floor area for a restaurant, cafe, bar, tavern, etc. Because the Narrows’ property is relatively small, only a small number of parking stalls currently are available on site, and this will ^ reduced to no more than three to four stalls when the outdoor seating area i.s developed. The majority of the current and future parking needs for the Narrows must be met offsite, pnmuily in the municipal lot behind the property. Gaffron stated the Navarre municipal parking lot was acquired and improved in 1964-1965. The businesses that back up to the parldng lot were originally assessed for the improvements to it based on their amount of frontage on a traveled street. The Narrows* site was assessed for 104.5 feet of frontage or eight percent of the total frontage assessed. At the time of assessment, no commitments were made that Staff can find that would apportion specific numbers of parking sUills to specific propcrtie.s. We do know that in 1983 the Council adopted Resolution No. 1594 that resulted from settlement of a claim by the former owners of 2385 Shad^ood Road and granted variances that would allow an office building requiring credit of 26 parking stalls in the municipal lot. These variances were granted with a waiver of the one-year expiration, so the potential may still exist for that property to lay claim to as many as 26 stalls. As a result of concerns about whether the municipal lot has the capacity to serve the increased Narrows’ parking demand. Planning Commission directed the applicant to complete a parking analysis. The applicant retained Benshoof & Associates, Inc., to conduct a parking smdy. The parking study aided in addressing two key parking questions: one, is the existing number of parking stalls in the public parking lot sufficient to accommodate the increased demand associated with the proposed saloon expansion; and two, will sufficient spaces remain available in the public parking lot to serve users of other properties that rely upon this parking lot. The study reviewed the existing available parking and notes that 129 spaces are available in the municipal lot with 30 additional spaces available on pnvate prqierties that abut the lot. More importantly, the study reviewed existing peak parking demand as well as funire parking demand during the same peak times. The peak times reviewed were the Friday noon period, Saturday noon penod, and Saturday evening. The existing peak demands at these noted time periods are 65 vehicles during the Friday noon period. 59 vehicles during the Saturday noon period, and 67 vehicles during the Saturday evening penod. The future demand, taking into consideration the Caribou Coffee use and the proposed Narrows expansion as well as the other existing uses, was projected at 115 parking stalls during the Friday noon period, 93 stalls during the Saturday noon period, and 122 stalls dunng the Saturday evening period. PAGE 10 J MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o’clock p.ra. (#0S>3121 Narrows Salooa, Coatlaacd) The conclusions of the study indicate there is adequate paitog available and that there are 30 parking stalls available on private property that were not includ^ in the study but remain available for users of the businesses, now and in die future; and the peak parking demand for the Narrows will be Saturday evenings, when a very low parking demand is eiqierienced for the other businesses. The City’s traffic consultant reviewed this parking study and provided a number of findings and conclusions. One, the study did not sddress the parking required by City code for the various users of the municipal lot based on the square footages of particular uses. Rather, the study focused on actual counts of parking lot usage at ceitain peak times. Two, the study did not address the potential parking demand the other businesses mi^t generate should they re*develop, and how that correlates to the parking demand of the proposed expanded Narrows’ operation. Gaflfron stated the Council should consider the following: 1.How or whether use of the municipal lot should be apportioned to the various users and how to establish a fair apportionment; 2.Whether the fact that the striping is substandard and is a factor in the functionality of the lot: how many stalls would be lost by restriping it to meet code; 3.Whether the demands of an expanded operation will cause parking issues for the existing businesses and entities using the lot; 4.Whether approval of an expanded Narrows’ operation will ultimately limit the future expansion or redevelopment of businesses that rely on the lot, or have negative impacts on the level of non­ business uses of the lot. Gaffron stated the applicants have not proposed any additional signage. With the proposed expansion, the applicant would now be permitted 112 square feet of total signage with a single sign not to exceed 50 square feet. Gaffion indicated a number of concerns were raised during the public hearings and include the following: liquor accessibility to outdoor patrons; control of patron overflow to parking lot or surrounding neighborhood; noise impacts to neighborhoods to the north and south from open doors, exterior speaker systems, late night motorcycle traflic; overnight parking, and litter in the municipal lot. While a few of tlKse issues have been addressed by building design and site planning, other issues cannot be addressed by building design and could potentially be addressed through conditions attached to the CUP or the liquor license. Gaffron stated the issue of whether the Nairows Saloon was in compliance with the 2000 Conditional Use Permit was also discussed. The current CUP contains six specific conditions of appro^l: ilk. PAGE 11 II iHn'irai miitini MINUTES OF THE ORONO CITY COUNCIL MEETING MoMlay, October 10,2005 7:00 o’clock p.n. (005-3121 Narrows Salooa, Coatlaucd) 1.The applicant shall install a two-door system at the rear entrance to meet all State Building and Fire standards. The purpose of ibe doors would be to allow customers to enter and exit the building widMMit allowing noise to leave the building. They should be spaced so one door would close before the second door is opened. All doors shall remain closed at all times, except when entering or existing the buildmg. 2.Live entertainment will end at 12:30 a.ni each night and the Saloon shall close at 1:00 a.m. each night. 3.The front door shall not be used as an entrance during the period of time the building is used for live entertaifunent. A one-year time period is required for the applicant to monitor the use of the building and the front entrance. After one year, ^ City of Orono will review the use of the building in relation to the live entertainment and noise levels generated by the live entertainment use. Gaffron noted there have been complaints received that the doors have been propped open and noise goes out into the neighborhood. Gaffron stated this concern could be addressed by a different door design and by the Narrows’ management. 4.The property is subject to the sign ordinance for temporary and permanent signs. No signs can be located on or outsit the building without receiving a permit from the City of Orono. 5. Noise shall be held to a level as to not be in violation of the Noise Ordinance. 6.The sale of intoxicating liquor requires the business have a valid liquor license with the City of Orono. Gaffron noted a history of the liquor license applications has been provided to Council. Gaffron indicated the applicant would be required to apply for revisions to the current liquor license in conjunction with any approved expansion. Gaffron noted a mcratorium was adopted by the City Council in July with respect to development in the Navarre area. The Council indicated at the time the moratorium was adopted that the Narrows application was not intended to be subject to the moratorium; however, the language of the moratorium ordinance erroneously does not specifically exclude the Narrows, or any other properties, for which a zoning application was made prior to die moraton'im effective date. Staff recommends the following issues be considered by the Council 1. M '14 ’(•! Is the proposed location of the use in accord with the objectives of the Zoning Code and the purposes of the B-1 District and the Comprehensive Plan? PAGE 12 r MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, October 10,2005 7:00 o*clock p.in. (#05-3121 Narrowt Saloos, Coatinued) 2.Will the location of the proposed use and the proposed conditions under which it will be operated or maintained be detrimental to the public health, safety welfare, or be materially injurious to properties or improvements in the vicinity? 3.Is the proposed use compatible with the sunrounding business district and residential neighborhoods? If not, what aspects of the use make it incompatible? What methods are available to mitigate those aspects? 4.Is the proposed use supported by adequate infirastructure, primarily access and parking availability? How will other users of the municipal lot be affected by the expansion? How might the expansion affect future development or reinvestment in Navarre? Mayor Peterson inquired whether the applicant had anything to add at this time. Sudheimer stated she had nothing to add at this time but indicated diey have revised their plans slightly to reflect the changes that were recommended. Frank stated they have incorporated the requested changes, noting they have reoriented the trash area and converted the folding door from the restaurant out to the patio door to a swinging door. In addition, the height of the wood fence was increased to six feet on the plan. Frank displayed a revised plan depicting the patio area and exterim of the rear of the building and the front of the building showing the plantings along the street. Sansevere stated he has a concern regarding the parking in the area, referencing a report from the Orono Police Department back in Marcn of 2004. Sansevere stated the report mentions 60 to 70 vehicles parked in the Orono municipal lot at 1:1S a.m., which is in excess of what the parking study indicates. Sansevere noted die plans identify a private party area and inquired whither that is a normal restaurant area during the day. Sudheimer stated that area was created to allow patrons to enjoy the restaurant without being exposed to the bar and the music. Sansevere stated it was his understanding that the restaurant area was going to be expanded but it appears there is a larger area for music being created. Sudheimer stated the area of the bar will still have that wall separating it from the restauiont area and that the pool table mi^t be eliminated. Sudheimer stated that area is separated from the bar Sansevere stated it was his inqnvssion t!<e area from the pool table was open. Sudheimer stated a doorway is being added and that the full wall is remainmg. SudhH.‘imer stated wherever the tile ends is v4iere the wall will remain and a portion will be open to se've as a doorway to the bar. McMillan commented it appears the wall would be partially removed. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o’clock p.m. (d0S>3121 Narrows Salooa, CoatiBacd) Frank stated she was asked U> remove the wall on the plans to allow access by the waitresses. Frank stated she could revise the plans to show that wall. Sudheimer stated it is her intention to leave the majority of that wall. Sansevere stated he still has a concern with the parking and future uses of the other occupants of the buildings in that area. Sudheimer stated all the neighboi ing business owners except one did sign a petition indicating they are in support of the expansion. Murphy stated he also has a concern with the adequacy of the parking in the area, noting that the new Caribou Coffee will be creating a bigger demand for parking. Murphy stated the municipal parking lot is being maxed out under this proposal and Hut the nuin entrance will continue to be the entrance off of the parking lot, which exacerbates a whole series of issues detailed in the police chiefs report received today. Murphy stated there appears to be a considerable amotuit of activity that occurs in this area which requires police department involvement. Oaffron requested the report of the police chief be provided to the applicant and to staff. Sudheimer indicated she has not seen the report. Sansevere inquired whether this is normal amount of activity for this type of establishment. Police Chief Good indicated she is not able to answer that. Murphy stated paridng is an important consideration in Uiis application, but that the City's Comprehensive Plan is a guide for Hiis area and how the Navarre area should develop in the future. Mut]^ stated he does not feel this expaiuion will help create a pedestrian fhendly environment. Murphy stated another concern is the added draw of people to this establishment once the expansion is completed. Murphy stated given the bands that are lined up to play at this establishment, there may be an issue that people from outside the Navarre area will be drawn to this area and that it does not fit with what the comprehensive plan calls for this area. Frank stated in her view the parking lot is not as efficiently laid out as it could have been, noting that there are a number of weas Hut could be more efficiently used, which would increase the number of parking stalls. Murphy pointed out the stalls are substandard in Hut lot. Murphy indicated he visited the hardware store this past weekend and had difficulty finding a place to park. Murphy stated there are a lot of four-wheel drive vehicles with trailers Hut are taking up two spots. PAGE 14 L, MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, October 10,2005 7:00 o’clock pjn. (005-3121 Norrowi SoIoob, CoatiBoed) Frank stated parking appears to be a big issue for the businesses in this area, and recommended that the City review ^ layout of the parking lot. Peterson indicated the number of stalls might decrease if they are striped according to code. Peterson stated she also concurs with Council Members Sansevere and Muiphy regarding the parking in this area, but that her biggest concern is the atmosphere of the community and how the Narrows Saloon started as a neighborhood bar but is now turning into an establishment that is drawing from a wider region. Peterson stated it might be time to consider relocating the Narrows Saloon where more parking is available on site. Sudheimer stated in her opinion this establishment will continue to improve and attract more people. Sudheimer stated any successful business is going to attract people whether the Narrows Saloon or another business is located on this site and that the paridng lot is going to be full. Peterson stated noise from motorcycles is also a concern. Sudheimer stated in the summertime motorcyclists drive out to the lake and that more motorcyclists frequent Lord Fletchers than their establishment. Murphy stated the type of clientele would change if the kind of music being played changed. Sansevere stated he was under the impression that the expansion was being driven by the restaurant side of the business. Sudheimer stated it is difficult to tell from this print, but that there is a wall separating the bar from the restaurant area. McMillan inquired what the numbers would be for the restaurant. McMillan noted the current occupancy is 145. Frank stated for the restaurant IS square feet per occupant is being taken into consideration. The building consists of698 square feet, for a total of247 occupants for the entire building, which also includes the outside seating area. Frank stated the storage and kitchen areas also have occupants that are included in the calculation, which brings the total up to 265. White stated parking management is one of the important ways to help support businesses and that the City needs to do a better job of managing the parking in this area. White stated everyone has to be treated fairly with the parking even if it is a municipal parking lot. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o*dock pjo. (#05>3121 Narrows Salooa, Coatlaaed) White sta»d die Navarre am is undergoing some rapid changes and that the City is looking at future development in this am. White stated the City has to plan carefully for the future of this am and that the City at die present time has no altemative am designated for parking. White noted the Metropolitan Council is requesting that the city increase the amount of transit parking spaces in their municipal lot and diat diey are also considering odier changes with the transit system for this am. White stated it is difficult to allow one business to use up the majority of the parking when many issues are undetermined at diis point in time. White commented the City has to deal with the Metrqiolitan Transit and the neighbors and that the bigger picture needs to be taken into consideration. White noted that the report indicates diat one business has 26 designated parking spaces, which needs to be dealt with. Gaffion noted there is not a termination date listed in the resolution for those parking spaces. White recommended the person be given 12 months to apply for a permit, and if no permit is applied for during that time, that the right to use the parking spaces will terminate. White reiterated the whole picture should be taken into account and that in his opinion it is too early in that process to approve this application. McMillan inquired whether the type of music would change with the expansion. Sudheimer stated at this time she does not plan to change the type of bookings, but noted that during the week only two piece musicians are allowed and that the full bands are only booked on the weekends. Sudheimer indicated she is trying to keep it more low key during the week as well as increase the food sales. McMillan stated the Council does have a concern with the music drawing people from outside the Navarre area, which would change the Narrows Saloon from being a neighboiiwod bar into more of a regional entertaimnent spot. Sudheimer stated her focus is not the entertainment aqxct. McMillan inquired what the motivation is for the outdotH* seating area. SucUieimer stated with the smoking ban, people now stand or walk around the building smoking, and that she is trying to confine them into one area. Sudheimer stated their business also decreases in the summer because people like to sit outside. Sudheimer indicated since she purchased this property she has wanted to have an outdoor seating area. ^ '••• ■...u PAGE 16 I MINUTES OF THE ORONO CITY COUNCIL MELTING Moaday, October 10,2005 7:00 o ’clock pJU. (#05^121 Nutmti Sdoom CoatlmMd) McMillan stated she has some concerns legarding noise from the outdoor area and that the seating area will probably keep the people outside more than if they just went outside to smoke. McMillan stated she appreciates die efforts the applicants have gone throu^ to revise their application. White inquired how the expansion would change Ok employment situation at this establishment. Sudheimer stated it would depend on the day of the week. Sudheimer indicated currently during the day she has approximately six employees and that she is unsure how many employees would need to be added with the expansion. McMillan inquired whether the exterior of the building would be inqiroved. Sudheimer stated she wanted to add some trees along the street and redo the front of the building to make it more aesdietically appealing. Sansevere inquired what the focus of this expansion is if it is not the music. Sudheimer stated they would like a bigger kitchen, an outdoor patio area, and additional room for special events like birthday parties and anniversaries. Sansevere inquired whether there is any plan to scale back the music aspect Sansevere stated the music is rather loud at times, which is not always restaurant friendly. Sudheimer stated she has been working with the sound technicians to try to decrease the noise level. McMillan noted Staff has had to expend extra effort in order to get the Narrows ’ liquor license renewed each year. Sudheimer stated she would be handling the liquor license in the future but that she could not speak to the put applications. Murphy inquired why Mr. Anderst could not be present tonight. Sudheimer uidicated he had to take care of other business. Murphy commented he would have preferred that Anderst be present tonight. Murphy stated in his opinion this expansion is trying to put too much on this site. Murphy stated the City has heard from a luge number of people from the neighborhood and that they have a number of concerns regarding the expansion. PAGE 17 I J MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o’clock p.oi. (005*3121 Narrow! Salooa, Coatlaacd) Sansevete stated the parking issue is a difficult item to overcome even if the music was diminished or eliminated. Sudheimer stated she understands the parking situation and that all the business owners rely on the public lot for parking. Sudheimer stated any type of growth or development in that area is going to require parking. Sudheimer commented any type of business that is successful at that location is going to require P White stated the City has to take into account the impact this expansion will have on the neighborhood and that he would like to look at the entire area. McMillan stated it is difficult to look favorably on expanding this business when there is no parking available on site and that the majority of the parking is located within the municipal parking lot. Sudheimer commented all the business owners in that area rely on the public parking lot and that the previous businesses in that building also utilized that lot. Evonne Paige, 3493 Crystal Place, stated the people who live on Lyric Avenue have lived there quite a while and have not complained about the parldng. Page stated the increased number of seating would mean an increased number of parking stalls needed. Page inquired whether the value of the homes on Lyric would decrease if cars park on their street regularly. Page indicated tiie expansion docs not fit into die character of the neighborhood. Page stated she lives two blocks away and can hear the Narrows Saloon some nights and Lord Fletchers some nights. Page questioned whether someone would want to purchase her property if this expansion is allowed. Sansevere stated he would not support parking along those streets and that parking would be disallowed during those hours. Murphy stated that would be an enforcement issue. Lois Hudlow, 3438 Lyric Avenue, stated the City has put parking spaces along the edge of the park and questioned whether anyone would be utilizing that paridng from the bar. Hudlow stated she also has a concern regarding her property values. Chuck Nadler, 2509 Kelly Avenue, indicated he has resided in this area since 1984, and that in his view this application should be denied because the expansion takes this establishment outside the character of the neighborhood. Nadler stated the parking for all these businesses caruiot be supported by city code. Nadler commented he is happy that the City is addressing the future development of Navarre. Dave Hardten, 2515 Kelly Avenue, stated the residents would like a sense of scale for the Navarre area and the size of an establishment for this area. Hardten stated in his view this expansion is outside the scope of what is allowed under the B-1 zoning. Hardten stated in his opinion it would be difficult to enforce the drinking on the outdoor patio area. PAGE 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10» 2005 7:00 o'clock pjn. (#05*S121 Narrows Salooa« Coatiaacd) Syliva BcftagnoU, 2499 Kelly Avenue, indicated she resents the noise from the saloon and that her peace and quiet is extremely important to her. Bertagnoli indicated she has paid taxes in Orono for the past 40 years and that she is glad the Council is listening to the residents of the area. Thomas Lowe, 329S Carman Road, inquired what the fire cod. capacity of the pnq>osed building is, including die outside seating. Oaffron stated the 265 would include the inside, the outside and the expansion. Gaffron inquired whether that is the number that the fire marshal anrived at. Sylvia Frank stated that is what has been calculated based on the square footage of the building. Frank stated the occupancy for a restaurant is calculated at IS square feet per occupant and storage is figured at 300 square feet. Frank stated it is unlikely there would be any occupants in the basement. Murphy stated the IS square feet per person has a lot of different aspects and that at times it may exceed the26S. Frank stated the building code tries to make a reasonable assessment of what the likely occupancy load would be. Marsha Freis, 2914 Casco Point Road, stated Monday through Thursday different acts are booked but they are still national acts. Freis stated she used to waitress and that it is difficult to ask a party to move afiCT a certain hour and questioned whether the people in the outdoor seating area would go back inside after 10:00. Freis stated the outdoor patio creates the potential for loud conversations. Freis pointed out the parking study was done on one weekend along with the noise study and does not give a true picture. Chris Johnson, 1200 Phillips Drive, stated in his view the parking issues have been fairly well covered, but noted he has die same concerns that have already been raised. Johnson indicated he is the owner of the hardware store. Sansevere inquired on a busy weekend day how many of the spots in the municipal parking lot are utilized by his customers. Johnson stated approximately 1S. Police Chief Good stated the liquor license that was provided to the establishment is only good for the space that wu applied for at the time, wlich would necessitate the need for another liquor license application. Go^ indicated she has not seen any paperwork for a new liquor license. PAGE 19 L MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o’clock p.m. (#05-3121 Narrows Salooa, Coatlaacd) Good stated the loud motorcycle complaints typically are not written up and that every arrest takes one to two officers off die streets and that diete might be a need to increase police resources if the expansion is approved. Sheryl Patten, 3405 Livingston Avenue, stated she has a concern with the noise and the motorcycles and that the expansion will bring more people to the area, which will create even more noise. Ward Edwards, 2474 Carman Street, thanked the Council for listening to the people. Dick Edwards, 2480 Carman Street, stated he has lived there for 50 years and that the biggest problem is the noise from the bar and the amount of motorcycles that frequent the Narrows Saloon. Edwards stated the traffic in the area is a problem and concurred that die City needs to take a broader look at this area. Murphy stated generally a six-foot fence does not surround outdoor seating and that there simply is not enough room on diis lot to accommodate what is being proposed. Murphy questioned whether this is really a good locadon for outdoor seating. Sansevere stated the outdoor seating area does not bother him but that he cannot overcome the parking issue. Sansevere stated in his opinion the music hurts the restaurant side of the business. Sudheimer inquired whether she could have her application tabled to allow her to look at her options. Murphy suggested the application be denied. Sansevere stated be would not be opposed to tabling the application. Oaffron stated the applicant would need to request an extension in writing before November 14*^. Saiscvere meved, PeCersou seconded, to table Application #05-3121, Cindy Sudheimer and James Anderst, Nnrrows Saloon, 33S2 Shorekno Drive, at the rcqncst of the applicant. VOTE: Ayes4, Nays 1, Murphy opposed. 7. #05-3136 TROY BROITZMAN, 1860 SHORELINE DRIVE > VARIANCE AND CONDITIONAL USE PERMIT Troy Broitzman, Applicant, was present. Curtis stated this application was tabled at the September lb* Council meeting, with the applicant being directed to revise his plans to be a better fit into the character of the immediate neighborho^ and into the character of the city as a whole. The applicant has proposed a slightly smaller home, with floor plans and elevation drawings being submitted for a home with a 5,146 square foot footpnnt and a total square PAGE 20 1^ s •N*? ■ = .r • MINUTES OF THE ORONO CITY COUNCIL MEETING Momiay, October 10,2005 7:00 o’clock p.m. (#05>3136 Troy Broltxmui, CoBtlBocd) footage of 12,014 square feet of livable space plus a 1,683.9 square foot attached garage. With this revision, the applicant has indicated that by reducing ^ size of the footprint and removing the two-sided walkout, the proposed site grading will be reduced. Curtis noted the driveway has been relocated off of Heritage Drive and the parking area on the west is now located approximately 21 feet from the side lot line, which allows for the appropriate screening. The Planning Commission voted 3-4 to recommend approval of the lot width variance and to recommend approval of the conditional use permit based on the previous plans. This motion failed. A second motion to approve the lot width variance and to deny the conditional use permit was made and passed 4*3. The applicant has revised the floor plans and elevation views of the proposed home. The applicant has indicat^ that the proposed site grading will be reduced from the previous plan. If Council is satisfied with the revised plans, the qiplicant should be directed to provide a revised survey reflecting the plans along with a revised grading and drainage plan. The City Engineer should review this plan prior to final variance aitd conditional use permit approvals. Since the Planning Commission recommended denial of the previous plan. Staff would recommend the Council refer these revisions back to the Planning Commission for their review. Additionally, Staff would recommend that in order to allow ample time for the city engineer to review the revisions, the application should be referred to the November 21" Planning ^mmission meeting. If the Council is comfortable widi the revisions of the house plans and wishes to grant approvals without referring this application back to the Planning Commission, Staff would recommend the City Engineer be given time to review the revisions in the survey, grading and drainage plans prior to the granting of final approvals. Sansevere stated he is in support of Staffs recommendation to refer this application back to the Planning Commission pending review by the City Engineer. White inquired whether the amount of excavation on the site has been reduced at all. Curtis stated the applicant has indicated it has been substantially reduced with the revisions. Curtis stated Staff has not seen formalized plans showing the reduction. White stated he likes the access off of Heritage Drive. White inquired about the average lakeshore setback. Gaffron demonstrated where the average lakeshore setback would be located on this lot. Gaffron stated the question becomes whether it is reasonable to use the next property over as the average lakeshore setback. Gaffron stated there appears to be minimal impact on die It^ views of the adjoining property owners. Peterson concurred that this application should be sent back to the Planning Commission. Peterson inquired whether both walkouts have been eliminated. PAGE 21 ^^J i. ; S : r. ». r- r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10,2005 7:00 o’clock p.m. (#05-3121 Narrows Saloon, Continued) Broitzman stated they have been. Sansevere inquired what the grading would be reduced to. Broitzman stated the grading would be reduced to approximately 1,000 to I,S00 cubic yards. Broitzman indicated he would not know the exact amount until the engineering is completed. Broitzman stated the height of the house has also been reduced by 2.S feet by moving the house forward and would still confonn to the 30-foot height requirement. Gaffron pointed out die deck would also need to meet the average lakeshore setback. Mayor Peterson inquired whether there were any public comments on this application. There were no public comments regarding this application. Broitzman noted the amount of grading being proposed at the present time is for the house only and not the driveway. Broitzman stated the driveway would need to be engineered. Broitzman stated if the house is slid back any further, it would increase the amount of dirt that would need to be removed. White stated he would like to see some larger trees planted in the area where the other trees were removed. White commented the trees would also help to increase the value of the home. Broitzman stated he has been told by a number of real estate agents that they would remove the trees that he did since they blocked the view of the lake. McMillan stated it is the applicant ’s choice to plant trees in that area, noting that it is outside the 0-7S* z(Mie. Murphy concurred this application should go back to the Planning Commission, and inquired when Staff would see real building plans rather than a computer generated plan. Murphy stated this lot is probably <me of the last remaining pristine spots on Lake Mimietonka and strongly recommended that the applicant hire a qualified local architect to determine what would best fit tm this lot. Broitzman stated the only issue that the Plaiming Commission had was the amount of fill, noting that the vote was split on the motion. Broitzman stated he has concerns that the Planning Commission has different views on this application than the Council does and that he is not able to please both bodies. Sansevere pointed out the vote of the Planning Commission is a recommendation only and that it does not guarantee ^ Council will vote the same way. Sansevere commented the City Council generally does concur with the recommendation of the Planning Commission. ■-m % PAGE 22 AyriMRi iti I I irtiitfliAi iiiiilTi \satk. MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, October 10« 2005 7:00 o’clock p.nL (#05-3121 Narrows SalooB, Coattaoed) Peterson stated she prefers die access off of Heritage and that the applicant has taken some good steps at reducing the size of die house. Peterson stated she still has some issues with the amount of massing on the lot and diat she would prefer a smaller structure on this lot to better fit in with the neighborhood. Sansevere stated he is in agreement with the comments of Mayor Peterson. Stephen Charrier, 1910 Heritage Drive, stated the home in the proposed location is less intrusive to the neighborhood than further back on the lot. Charrier indicated there are a number of trees between his property and the applicant’s, which helps to screen the structure. Peterson noted Charrier’s wife had concerns regarding the massing on the lot. Broitzman stated the footprint of the house is approximately 3400 square feet and the garage is around 1600, for a total of 5100 square feet. Broitzman inquired how much more the house should be reduced. Sansevere suggested designing the house to blend in more with the neighborhood. Peterson pointed out there are no properties in that area that have a four-stall garage. Murphy commented the design of the house should fit in with the rest of the neighborhood. Morris Nelson, 1900 Shoreline Drive, stated he is in full support of a nice project. Nelson indicated he has compiled a list of million dollar homes and that there are 33 homes currently on the market that are listed over a million dollars. Nelson stated he would be happy to have a multi-milli<m dollar house next to his. White inquired udiether the resident would like to see a house with more character. Nelson stated he would. White stated given the amount of money being spent on the home, a more aesthetically pleasing house could be designed. Peterson slated a home with more character might be more appealing to the Council. Peterson indicated she personally does not like the design of the home. McMillan encouraged the applicant take the time to design a home that is aesthetically pleasing and utilizes quality materials. Broitzman suted he has been a builder for over 13 years and that he takes great pride in what he does. Broitzman indicated his last house was constructed in Austin and that a top pnonty of his is energy efRcietKy. Broitzman pointed out this house is 40 percent more energy efficient than what the code requires and would only cost $67 per month to heat. PAGE 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, October 10,2005 7:00 o’clock p.m. (M054121 Narrow! SalooB, Coatiaaed) Murphy stated the point that he is trying to make is that the applicant should take into consideration that he is building on one of the most pristine pieces of land in the Midwest and recommended that a qualified architect be consulted. Curtis noted an extension in writing would need to be submitted by the applicant. PeCersoa aaived, Saasevere sccoaded, to refer AppUcattoa #05>313d, Troy Broitzmaa, I860 ShoreHae Drive, back to the naaaiagCoaunissioa. VOTE: Ayes 5, Nays 0. 0. #05-3149 TRINITY LUTHERAN CHURCH, 2060 SIXTH AVENUE NORTH- CONDITIONAL USE PERMIT Petersoa amved, Marpky secoaded, to table AppHcatioo #05-3149, Trinity Lutheran Church, 2060 Sixth Avenae North, at the reqnest of the apfdicaat, to the November 14,2005 City Council mcetlai. VOTE: Ayes 5, Nays 0. *9. #05^151 GARY AND SANDRA BARON, 3619 NORTH SHORE DRIVE - VARIANCES RESOLUTION NO. 5389 Murphy nwved, White seconded, to adopt RESOLUTION NO. 5389, a Rcsolatioa granting lot width, hat area, lake setback, and hardcover variances for the property located at 3619 North Shore Drive. VOTE: Ayes5,NaysO. MAYOR/COUNCIL REPORT White stated in his view it is inappropriate for the Park Commissioner to lecture the Council on how inept the Piatuiing Commission is. White stated in his opinion the Planning Commission is going a good job. Murphy commented that also happened two weeks ago with another Park Commissioner. 'McMillan noted that commissioner was commenting on a specific application. McMillan stated she would be willing to call the Commissioner and discuss the situation. White stated he has been infonned that it costs die City of Minneapolis S30,000 for each dog park. Sansevere conunented the Planning Commission in his view does a marvelous job and that it is unusual that the Council differs from the recommendatitm of the Planning Commission. PAGE 24 . T MINITTES OF THE ORONO CITY COUNCIL MEETING Moiday, October 10,2005 7:00 o’clock p.ui. (Mayor/CooocU Report, Coottooed) Winkey pointed out on the Narrows Saloon application, the parking denuuul for that business tends to be at different times dian die odier businesses in the area. Winkey stated the applicants have made a number of concessions on their application. Sansevere commented the Narrows Saloon does serve lunch, which would create a demand for parking during the day. White stated the parking situation in this area could change with a different business and needs to be closely looked at. White commented the City of Orono does not have the police force available to handle a large fight at the Narrows Saloon, noting that the Orono police chief submitted a long list of previous complaints concerning the Narrows Saloon. Winkey stated it is important the Planning Commission have a good understanding of the issues that the Council would like addressed. Sansev.re stated in general the Planning Commission does have a good understanding of the issues that the council would like to see addressed on each application. Murphy stated die City Council has more latitude in approving applications than the Planning Commission does and that diere will be some disagreements at times. McMillan indicated she appreciates the effort the Planning Commission takes on each application. Curtis noted die neighbors did not come forward on the Broitzman application at the last Planning Commission meeting. Murphy noted there is a ribbon cutting ceremony at 2:00 p.m. on Friday, October 14, for the opening of the Brown Road Bridge. FUBLIC SERVICE DIRECTOR’S REPORT * 10. REQUEST FOR FINAL PAYMENT - WEBBER HILLS EXTENSION SANITARY SEWER PROIECT Mnrphy moved, Whko seconded, to approve Request for Final Payment, Webber Hills Extension Saidtnry Sewer Project to EJ.Mnyers, Inc., In the amonnt of $967 J5. VOTE: Ayes5,NaysO. / PAGE 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, October 10,2005 7:00 o’clock pm *11. BROWN ROAD NORTH/COUNTY ROAD 6 SANITARY SEWER PROJECT ASSESSMENT - RESOLUTION NO. 5390 Marphy aMvcd, WMto socoadcd, to adopt RESOLUTION NO. 5390, a Rcsolatloa Reduciag tbc Browa Road North/CR6 sewer eiteasloa asiessoMot for 2100 Sixth Aveaae North. VOTE: Ayes 5, Nays 0. «W9' *12. 755 DICKEY LAKE DRIVE SANITARY SEWER EXTENSION ASSESSMENT RESOLUTION NO. 5391 Marphy aMved, WMte secoaded, to adopt RESOLUTION NO. 5391, a Rcsolatlon adoptiag the 755 Dickey Lake Drive Saaltary Sewer ExteasloB asscssmeat roll. VOTE: Ayes 5, Nays 0. *13. WEBBER HILLS SANITARY SEWER EXTENSION ASSESSMENT - RESOLUTION NO. 5392 Marphy aMived, White secoaded, to adopt RESOLUTION NO. 5392, a Resolatioa adoptiag the Webber HIBs Saaltary Sewer Exteasloa Asseumeat Ron. VOTE: Ayes5,NaysO. *14. 25 BROWN ROAD SOUTH SANITARY SEWER CONNECTION ASSESSMENT - RESOLUTION NO. 5393 Marphy aMved, White secoaded, to adopt RESOLUTION NO. 5393, a Resolatioa adoptiag the 25 Browa Road Soath Saaltary Sewer CoaaectloaAssessmeatRoU. VOTE: Ayes 5, Nays 0. CITYAl nSTRATOR’S REPORT Gaffton stated Staff did a final tree inspection on the Eric Vogstrom property on Casco Point Road. Gaflron stated there are some discrepancies with the landscape plan that was submitted and that some of the trees were supposed to be moved back further on the property. Gafiron stated the planted trees range from 9 to 10 feet rather than the 12 feet directed by Council. Gafiron leconunended two more six>foot trees be planted to make ig> for the shorter trees. Peterson inquired whether Staff would be checking annually to verify that the trees have not been cut down. fc.^ . t ikkJIL PAGE 26 ■ .If :.: 'I m MINUTES OF THE ORONO CITY COUNCIL MEETING Moiday, October 10,2005 7:00 o'clock p.nii. (Chy AdialBisIralor't Report, Coottaoed) Curtis stated there is a letter of credit that the City will be holding for three years to insure that the trees are not cut down. Murphy stated in his view die trees should be taken out and replaced with the right size trees. White noted the planting season is almost over and that the trees have been in place for over a month and have started to d^lop new roots. It was the consensus of the City Council to require Vogstrom to plant two additional six-foot trees. aTY ATTORNEY'S REPORT Attorney Rolfe Worden had nothing to report. *15. UCENSES 0 I •RARY ONE DAY ON-SALE LIQUOR UCENSE 1.Hope Chest for Breast Cancer Foundation Hope Chest for Breast Cancer, 3850 Shoreline Drive Thursday, October 20,2005 Mnrphy moved. White seconded, to approve the above license. VOTE: Ayes 5, Nays 0. *16. BILLS Mnrphy moved. White seconded, to approve payment of the All Fnntb account. VOTE: Ayes 5, NaysO. adjournment Sansovore moved, Peterson seconded, to adjourn the Orono City Council meeting of October 10,2005, at 11:15 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 27 ^ncil *^//VG REQUEST FOR COUNCIL ACTION DATE: October 24, 2005 ITEM NO: 3 ______ Department Approval^ s/ f Adminiatrator Reviewed: Agenda Section:»jr / t * Name TomKuehn Title Finance Director City Administrator's Report Item Deecriptlon: Public Hearing Regarding the Certification of Delinquent Utilities and General Service Fees Attachments; (A) Resolution providing for the collection of delinquent sewer , water , recycling program fees, septic inspection fees, and general service fees. (B) Assessment roll. Each year the city certifies to the county, all unpaid annual service charges for the septic inspection program, the unpaid recycling program fees, ail delinquent sewer and water accounts of $50.00 or more, and the delinquent general services for false alarm fees and developers improvement fees, to be collected with the following year's taxes. In addition to the outstanding amounts delinquent, eight percent (8%) interest is added to all accounts and an administrative fee is added to the septic accounts. At this time the total to be assessed is $82,946.15 including administrative fees. This amount will be decreased by any payments received up to the final payment date of November 23, 2005. A copy of the assessment roll is attached for your review. State statutes require the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. The hearing is an opportunity for property owners to ask questions and provide comments regarding the proposed assessment. COUNCIL ACTION REQUESTED: Adoption of resolution providing for the collection of delinquent charges for the 2005 sewer and water utility services, the septic inspection program, the recycling program, the false alarms, developers improvement fees, and other general service fees. VsCouncil h6mi2005^CERT2005LB doc r ¥. A RESOLUTION FOR THE COLLECTION OF DELINQUENT 2005 WATER AND SEWER UTILITY SERVICE CHARGES, RECYCLING PROGRAM FEES, ON-SITE SEWAGE TREATMENT (SEPTIC) INSPECTION PROGRAM, STORM WATER CHARGES AND GENERAL SERVICE FEES Whcreai, the City Council of the of Orono, Minnesota has enacted certain ordinances under MinnesoU Statues, tlu;^^ ire pursuant to Chapter 14, Chapter 42, Chapter 58 and Chapter 78, Orono City Code pertaining to payment and collection of water, sewer and storm water charges and annual service charges for recycling, and the on-site sewage treatment (septic) inspection program, and false alarm fees, and developers improvement fees; and Whereas, the charges identified in the attached list of properties are delinquent in nature; and Whereas, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 24th day of October 2005, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows; That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent water, sewer and storm water charges and annual service charges for recycling, and the on-site sewage treatment (septic) inspection program, and false alarm fees, and developers improvement fees, on the 2005 property tax rolls, payable in 2006. at eight percent (8%) per annum, against the specified properties as set forth in the following Exhibits. AIX)PTED by the City Council of the City of Orono, Minnesota, this 24th day of October, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor 1 1 i J- _ V* * 0211723210019 0211723220005 0211723240003 0211723310011 0211723310019 0211723310038 0211723310039 0211723310040 0211723310041 0211723430026 0311723210001 0311723220019 0311723320012 0311723320020 0311723340001 0311723340007 0311723340026 0311723340028 0411723110011 0411723120018 0411723210001 0411723220003 0411723220026 0411723230022 0411723230027 0411723310004 0511723130012 0511723130028 0511723130032 0511723130036 0511723130039 0511723130052 0511723140002 120.08 7203 579 40 577.77 341 57 378 36 244.68 61.43 376 36 579 62 120.08 12008 120 08 120 08 12008 120 08 58 33 120 08 120 06 120 08 120 08 579 62 117 63 120 08 120 08 120 08 57961 11763 579 62 11763 117 63 11982 579 28 0511723140020 0511723140022 0511723140029 0511723140031 0511723140059 0511723210023 0511723230013 0511723230027 0511723230040 0511723340006 0511723410027 0611723220004 0611723220019 0611723230004 0611723230016 0611723410095 0711723110012 0711723140018 0711723140020 0711723140060 0711723210013 0711723220016 0711723230002 0711723310015 0711723310038 0711723310040 0711723320003 0711723320027 0711723320054 0711723320061 0711723330005 0711723410031 0711723410094 117.63 0711723430005 58 83 11763 0711723440004 25275 522 75 0711723440005 57525 546 77 0711723440020 579.62 97.11 0711723440021 579 62 583.42 0711723440026 579 62 57961 0711723440046 254 59 244.67 0811723130019 42322 579.62 0611723210003 117.63 117.63 0811723210017 577 78 117.63 0611723230011 575 25 119.28 0611723230024 579 62 120.06 0011723320026 52275 12008 0811723330024 291.73 12008 0011723330027 579.62 127.82 0611723330075 57962 522.75 0611723410007 196 83 57962 0911723130009 120.08 574 11 0911723320011 534 28 579.28 1011723130004 120 08 244.67 1011723210006 120 08 120 06 1011723240008 21641 579.62 1011723240018 117.63 82 35 1011723310004 261.72 117.63 1011723310006 579.62 24467 1011723310017 579.41 579 62 1011723310036 244.67 579.62 1011723310050 57962 117.63 1011723310072 265 89 117.63 1011723320011 93 08 579.17 1011723320016 119.28 117 63 1011723340015 120 08 117.63 1511723210005 120 08 1711723220003 1711723220025 1711723220028 1711723220029 1711723220031 1711723220034 1711723220035 1711723230019 1711723240023 1711723310034 1711723310041 1711723310046 1711723310048 1711723310050 1711723310051 1711723340023 1711723340027 1711723340034 1711723340035 1711723340043 1711723340057 1711723340071 1711723340078 1711723340079 1711723410019 1711723420008 1711723420016 1711723430005 1711723430009 1711723430016 1711723430021 1711723430044 1711723430047 31636 976 71 722.44 722.44 209 28 47552 245.72 722 44 854 23 184.70 890 14 34540 172.44 856 52 177 35 44017 172.05 982 51 431 81 224.10 534.98 380 35 693 19 21303 119.97 736 99 333 72 71402 329 31 739 58 307 59 887 56 677.37 iflrttftintiiiiiiiii >711723430049 1711723430050 17117234300S6 1711723430050 1711723430065 1711723430074 1711723430087 1711723430095 1711723430098 1711723430104 1711723430121 1711723430124 1711723430129 2011723210024 2011723220001 2011723220002 2011723230003 2011723240007 2011723240013 2011723240017 2011723310038 2011723310050 2011723370018 2011723340011 2011723430022 2111723210004 1711723430138 621 05 2111723220008 1711723430143 7384 2111723230001 1711723440006 757 42 2111723230029 1711723440009 147 93 2111723240003 1711723440029 33064 2111723240065 1711723440041 236 84 2211723310032 1711723440079 255 82 2311723220009 1711723440090 96022 2311723220018 1711723440102 260.25 2611823310007 1811723310001 97.00 2611823330016 2011723110004 199.41 2611823330021 2011723110004 204 31 2611823330024 2011723120014 097.28 2611823330030 2011723120017 92 62 2711823310021 2011723120021 839 44 2711823330007 2011723120023 510 69 2711823430014 2011723120024 252 24 2711823430018 2011723120024 722 59 2811823410003 2011723210002 18564 2811823410012 2011723210021 471 15 2911823410005 797 26 17244 833.24 25541 272 34 1227 03 905.95 591.91 597 44 517.58 89.12 747.27 226.03 863.72 971.89 97.38 1806 98 942.39 97 00 97.00 97.00 120.08 559.90 120.08 577.34 244.67 6504 12008 120.08 120 08 12008 150 75 12008 2911823430011 120 08 2911023440001 120 08 3011823310003 120.08 3111823120007 12008 3111823120011 120 08 3111823210003 120 08 3111823230007 120.08 3111823410005 120 08 3111623420009 120.08 3211823130001 1031.82 3211823130001 389.06 3211823210005 120 08 3211823220003 120 08 3211823230010 120 08 3211023240012 120.08 3211823440009 120 08 3311823240001 736 47 3311823310007 120 08 3311823310011 120.08 3311823320004 120.08 3311823330006 120 08 3311023410008 120 08 3311823430024 120.08 3311823440020 54.47 3311023440023 136.94 3411823220004 120.08 3511623440004 97.00 3611823110003 12008 3611823110021 120.08 3611823330012 120 08 3611823410031 543.73 3611823440005 511.28 TOTAL 82946 15 As of October 19,2005 Last year public hearing amount was $88,551.85 Amount that actual got certified $61,958.48 DATE: October 2h 200S ITEM NO: lJ REQUEST FOR COUNCIL ACTION Department Approval: NtaM Ronild J. Moone TMc City Administrator Admiaiitcator Reviewed:Agenda Section: City Administrator’s Report Item Description: Presentatioa Regarding the Orono School District’s Levy and Bond Referendnm The Orono Board of Education has called for a special election on November 8,200S, regarding four ballot questions related to funding for school operations and capital improvements. Mike Bash, a member of the Orono Board of Education, will attend the October 24 Council meeting to tqtdate the Council regarding the special election. Attached is a copy of a letter outlining the four ballot questions. COUNCIL ACTION REQUESTED: No action required. n< ■~*z : ■ ./ ft: . •j ; H '. j 4r i KARDlOllCUTT SUfOHNTfNOOIT NKM.J. UWfON ASSHTANT SUKMNTKNOOIT AANON M. RUNUNO OMCCTOR or UtAMHNC • ACCOUNTAWUTY ORONOPUtUC Schools Omtihct N o. 278 nsTwcrOmcc 688 OLD CRYSTAL bay R oad NORTH, P.O. BOX 46 LONG LAKE, MN 883864)046 tklephonc 8S2-448B300 Fax 9S2-44643M ANiOUAL OrrORTUtWTY CMFLOVER U..'< ■< i'L }. V.,;. nr 7 r mmMim " • i •' m dry Q-,. October 14,2005 Dear Orono School District Property Owner The Orono Board of Education has called for a special election on November 8,2005. lliere are four ballot questions being presented to the public. Attached, please find notice of the special election complete with the ballot questions as they will appear on Novonber 8. You are also receiving information regarding the impact of the referendum according to estimated market value of your property. Please note the polling locations for the election. To leam more about die referendum please call a school official, go to www.orono.kl 2.nm.us. call 952-449-8302, or, email lew@orono.kl2.mn.us. Thank you for your attention to this important election for the School District. Sincerely, Orono Board of Education Jack Veach, Chair John Malone, Vice Chair Michele Kunz, Cleric Dick Lewis, Treasurer Mike Bash, Director Martha Van de Ven, Director 763-479-3203 952-404-1230 763-479-1990 952-473-4691 952-473-7920 763-475-0787 .• r v:... -V. .. V V. i. ;.;. • .s? NOTICE OF SreCIAL ELECTION INDEPENDENT SCHOOL DISTRICT NO. 27S (ORONO PUBUC SCHOOLS) STATE OF MINNESOTA NOTICE IS HEREBY GIVEN, thit a special election hu been called and will be held in conjunctkm widi the state general election in and for Independent School District No. 278 (Orono Public Schools), State of Minnesota, on1\iesday, Noveihber 8,200S, for the purpose of voting on the following questions: SCHOOL DISTRICT BALLOT QIVSTION1 APPROVAL OF SCHOOL DISTRICT REFERENDUM REVENUE AUTHORIZATION The school board of Independent School District No. 278 (Orono) has proposed to increase its general education revenue by up to SS20 per pupil. The school district's actual referendum revenue authorization for any year shall not exc^ the statutory maximum for that year. The proposed referendum revenue authorization would be applicable for ten years unless otherwise revoked or reduced as provided by law. o YES NO Shall the increase in the revenue proposed by the board of Independent School District No. 278 be approved? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. SCHOOL DISTRICT BALLOT QUESTION 2 APPROVAL OF SCHOOL DISTRICT CAPITAL PROJECT LEVY AUTHORIZATION The school board of Independent School District No. 278 (Orono) hu proposed a capiul project levy authorization in the amount of 2.722% timu the net tax capacity of the school district to provide funds for the purchase and installation of software and technology equipment, the support and maintenance of technology and the training of staff in the use of technology. The proposed ctqrital project levy authorization will raise approximately S7S0,000 for taxes payable in 2006, the first year it is to be levied, and would be authorized for ten years. The estimated total cost of the projects to be funded over that time period is approximately S7,S00,000. The projects to be funded have received a positive review and comment from the Commissioner of Education. o YES NO Shall the capital project levy proposed by the board of Independent School District No. 278 be approved? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. SCHOOL DISTRICT BALLOT QUESTION 3 APPROVAL OF SCHOOL DISTRICT BOND ISSUE C ^ YES Shtll the Khool board of Independent School District No. 278 (Orono) be authorized to issue its general obligation school building bonds in an amount not to exceed $26,185,000 to provide funds for the acquisition and betterment of school sites and ftcilities, including the renovation, repair, remodeling, upgrading, equipping and construction of improvements to existing school sites and facilities? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. Id SCHOOL DISTRICT BALLOT QUESTION 4 APPROVAL OF SCHOOL DISTRICT BOND ISSUE If School District Ballot Question 3 is approved, shall the school board of Independent School District No. 278 (Orono) also be authorized to issue its general obligation school building bonds in an amount not to exceed $4,965,000 to provide funds for the acquisition and betterment of school sites and facilities, including additional renovation, repair, remodeling, upgrading, equipping and construction of improvements to existing school sites and facilities? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The following chart shows the estimated financial impact on homes valued at $100,000 to $ 1,000,000 for 2006 property tax purposes. For example, the owner of a $300,000 home would pay $257 more a year. Taxabit Markat Valua of Horn# $100,1 $150,1 $250,000 $2 ijii.ri $400, $1. -.Ml*:*:* • i.iii • I Oparating Rafarandum ($520 par atudant) 49 Tachnology $750,000 par yaar 101 285 $26,185,000 Bond laaua 110 146 183 $4,965,000 Bond Isaua Total Par Yaar $85 $128 $172 $215 $257 $342 $429 $943 mmrnm f' ; v' ■ ..JiiliHifaiii Vi* . ‘'V” '-M POLLING LOCATIONS INDEPENDENT SCHOOL DISTRICT NO. 278, (ORONO) LONG LAKE, MINNESOTA Voters that reside in the cities of Long Lake, Minnetonka Beach, Maple Plain and those portions of the cities of Orono, Medina and Wayzata which are In the School District will vote at: Orono Schoob Administrative Services Office 685 Old Crystal Bay Road Long Lake, MN Voters that reside in portions of the City of Independence which is in the Orono School District will vote at Ind^ndence City Hall. Any eligible voter residing in the school district may vote at said election at the polling place designated for the precinct in which he or she resides. voter must be registered to vote to be eligible to vote in this election. An unregistered individual may register to vote at die polling place on election day. If you have questions, please contact the School District at 952-449-8300. «r; • t " V -k \\ smmmi m .n-:- ■ - ' . ■? . .*• * .. '2- .* ■ R eferendum R enewal Information im^sm i i *9. 2008 Orono Schools - Referendum 2005 How is our district accountable! How do our students achieve! he Orono public I school system has ^ been dedicated to public accountability far longer than the existence of state report cards. We care­ fully monitor our student*s performance on both internal and external measurements. We use these measurements to adjust our curriculum and September 7, 2005 - Minneapolis Star Tribune “Orono is the only west-metro district to score a 100 ON its N o-Child -Left-B ehino report card . A ll FOUR SCHOOLS IN THE Or ONO DISTRICT RECEIVED FIVE STAR RATINGS IN BOTH MATH AND READING THIS YEAR ...” instructional practices to provide a continuous improvement system to our students, par­ ents, and broader community. Accountability also extends to every activity in which our students participate. Behavior and skill on the athletic field, community service projects, music and drama presentations are all visible examples of the success of our students, their parents and our schools. It is because of this student success and accountability that our future must be financially stabilized, therefore, the Orono Board of Education is offering a four question referen­ dum. To help better inform you we are providing the following frequently asked questions and answers. » f . • . . . : ■ . 1 * ; . < • ' ' I I » ■ M * S ^ t ► • V < I' M P r ' — sp.. t ; • ^ 1 r > M ♦ • 1 1 1 1' ■ k .) R.’.i. h •' ) * ■) f 1 f ■ I zz:ssssii mm Rpf(MfMuium Q ,Hui A s 1) What is an operating referendum and why is it necessary? Whit? An operating referendum is a locally approved property tax that comes directly to our school district for day- to-day school operations (i.c. sup ­ plies, utilities and salaries). More than 87% of Minnesota school dis­ tricts depend on operating referen- dums. The ballot language is deter­ mined by state law and is based on a per resident student dollar amount. Why? The operating referendum increase would permit the Orono schools to provide, at a minimum, the same level of education for the 2006-07 school year without making reduc­ tions and the ability to make minor restoration of past reductions. It also provides optimism that we can con­ tinue our high level of quality edu­ cation into the future. The permission came with the 2005 state legislature authorizing additional local control with the ability to ask residents for on increase in their property taxes. Why? There has been an extensive planning process to determine the technology needs of the Orono schools. The cur­ rent process started in the fall of 2004 and proceeded throughout the school year. The committee included employ ­ ees and four community experts: Mark Engebretson, chair and mem­ bers Mark Jahn, Kevin Hanson and Jim Smith. The process included sur­ veys of our district, needs assessment through focus groups (parents, stu­ dents. recent graduates, administration and teachers), investigation of best practices, and interviewing technol­ ogy leaders from districts implement­ ing best practices. The process culmi­ nated in an action plan listing four goals and establishing hardware and software, staff development and stalT- ing needs, which was presented to the Board of Education in June 2005. 3) What is a bond referendum and why is it necessary? What? A bond referendum is a hK'ally ap ­ proved property tax that comes di­ rectly to our school district for the repayment of bonds that are sold. The repayment of the bonds is similar to a home mortgage that is paid Ibr over time, in this case over 20 years. The proceeds of the bond sale are used fc.' renovation, repair, remodeling, upgrading, addition, maintenance and similar expenditures for our buildings and grounds. 2) ¥(fhatis a techndogy (capital pro^^ referendum and why Is It necessary? What? A capital project referendum is simi­ lar to an operating referendum. In this case, it is specially designated for technology needs. The highlights of the plan arc to com ­ plete the K-12 Technology Curricu­ lum with some replacement of com ­ puters and continuation of the com ­ mittee structure in 2005-06. In 2006- 07, to purchase new hardware and software as well as provide staff de­ velopment in conformity with the technology curriculum established, and expand schoolview and website development. In 2007-08, provide additional purchases of hardware and software to support the curriculum and instruction, emphasize teacher focus on amplifying and transform­ ing curriculum and instruction, full implementation of enhanced web pages including calendar applica ­ tions, forms, teachei websites and full implementation of schoolview academic, discipline and attendance functions. Why? The Orono .School District commis ­ sioned Wold Architects and Engi­ neers to develop a full analysis of Orono facilities. The analysis of each building categorized the required work into 8 sections including: site, exterior, interior, accessibility, life safety, hazardous materials, mechani­ cal systems and electrical systems. The analysis indicates $26,185,000 under priority I and2, w hichrctlccts the need within 0-5 years. In addi­ tion to these maintenance items arc bus storage, stadium turf and air con­ ditioning. It also indicates $4,965,000 of maintenance needs within 6 to 10 years. 4) Will the operating referendum eliminate the necessity for any reductions? Yes, we arc projecting that with the inflationary increases of this operat ­ ing referendum and continued state commitment to public education, that we can continue our high level of quality education into the future and at least for next year will not have to make any reductions. Pag* 2 • 2006 Rafarandum Monnalion 4 'iww ' • » ------------- Rc'forondinn Q iind A s (continued) 9) ¥ifhMt hBppBnS If It fsllsT source there will be more reductions 7) WhBt IS thB COSt Of thB in the future. Referendum? The Board of Education was able to add back four elementary teachers this year in grades 2 through S, which substantially reduced the elementary class size. Without a successful ref­ erendum elementary class size would be increased. And, without an infla ­ tionary increase in this funding 6) When would the new taxes be collected? The new referendum would begin to affect property taxes payable in 2006. It would begin providing rev­ enue for the 2006-07 school year. Figure A shows the estimated finan ­ cial impact on homes valued at $100,000 to SI.000.000 for 2006 property tax purpo.ses. For example, the owner of a $300,000 home w ould pay $257 more a year. Figure A Taxabit Markat Vakiaof iinm ■ Oparating Rafarandum ($520 par studanO Tachnology $750,000 par yaar $2e.iss,ooo Bond luua $4,965,000 Bond Issua Total Par Yaar $100,000 16 25 37 7 $85 $150,000 24 38 55 11 $128 $200,000 33 51 73 15 *1721 $250,000 41 63 92 19 $215 $^.000 49 76 110 22 $257 $400,660 65 101 146 30 $342 $500,000 82 127 183 37 $429 ... *1.000,opo 163 285 412 83 $943 *The figures in the table are based on school district taxes for the referendum levy only, and do not include tax levies for other purposes. Tax increases shown above are gross increases, not including the impact of the state Property Tax Refund rCircuit Breaker^) program. Many owners of homestead property will qualify for a refund, based on their income and U>tal property taxes. This will decrease the net effect of me referendum lew for many property owners. The maximum refund was increased from $510 to $1,500. b^inning with taxes payable in 2002. NOTE andonesk:re Prepared by Ehlers and Associates. Inc. B) How many local levies and bonds are In place now and when do they end? R«f»r*nduin School Building Bond School Building Bond General Operating Referendum Issue Date 7/1/1992 11/1/98 1/1/99 11/2/2004 Amount $4,015.1 Maturity Date $9,500,000 $9,610,000 $1,200 per resident student 2/1/2010 2/1/21 2014 Purpose General maintenance and technology Provided for construction of a middle school, high school media center and misc. other small protects Currently provides approximately $3,000,000 of operating funds per year Pag* 3 • 2005 Rafereodum Infomiabon r RoforofuUifn Q ancJ A s (continued) 9) Wh9t has the district done to controi costs? The school district has made $3,630,311 in budget reductions over the past six years. ($699,336 in 2000-OI. $829,925 in 2001-02. $1,014,550 in 2002-03. $712,500 in 2003-04 and $374,000 in 2004-05). A Citizen's i-inan- cial Advisory Committee works closely with district administration on budget and funding issues. A community based Budget Task Force (19 individuals from the community, teachers, support stafl', administra ­ tion and students) spent several months examining the operating budget of the district and then finally recom­ mended to the Board of Education $1,000,000 of budget reductions or revenue enhancements for the 2002-03 school year. 10) Didn't the state Just give schooi districts a big increase? The state did provide a 4% increase in the basic formula amount for this year and 2(M)6-07. This is. however, not all of the district's revenue. The financial projections, with the state aid increases, reflect a shortfall in 2006-07 of over $200,000 of the general fund approximately $19 million budget. However, the stale also provided the authority for school districts to have more local control by authorizing additional operating referendum authority. This operat­ ing referendum would take care of the shortfall, plus an additional 1% of budget to restore a small portion of those reductions made over the past six years. 11) How does the district spend its operating funds? General Fund Expenditure per Student ORONO PUBLIC SCHOOLS $4,500 $4,000 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $• ■ 1999-00 02000-01 ■2001-02 ■2002-03 ■2003-04 ■ki I I « 5 - if IfII c I § </) T3 Hi H I s i Page 4 • 2005 Relarandum Information ■: A Roferendurn Q and A s (continued) 12) How do Orono’s administrative costs compare to other districts? 2003-2004 Administrative and Support Services for Hennepin County Public Schools per Student (most recent data available from the state) HOf>IUNS bnooklw ^ crNTf n ST KXMPARK U»#4fAPOil9 RCMr«LO BICXDUMGTON ECMNA MAYZATA ftOWttSOAUI |OCNP«U«l< WESTONRA MMMi tonka ossco ★ORONOl I /Qie |201« ; 014 1 t 11 nf t me 1 w ||4f« 1AW I 1 Me » 4'Ai 1 ♦4*1 1 (<ii> 13) How does Orono’s revenue compare with other school districts? MINNEAPOLIS ST LOUIS PARK BROOKLYN CTR RICHFIELD HOPKINS MINNETONKA OSSEO R06BINSOALE EDINA BLOOMINGTON WESTONKA STATE S^233 $6,290 I $6 259 $6 226 ■1$6^72 I $6 055 $6 036 l$\894 |$5«M Sb.tt20 ’ • 1 1 ■ 1 General Fund (stale formula including referendum) Revenue 2004-05 per Pupil Hennepin County Public Schools S4 500 $5 000 $5 500 $6 000 $6 500 $2000 $2500 14) How does Orono*s referendum revenue compare to other districts? Referendum per resident pupil (current authority) tl MW %•>* ••• l I’.^1 |'«» ** Way^ata and Hopkins Schools are holding an operatir g referendum this November to irKrease their authority. Page 5 • 2005 Referendum Information Referendum Q and A s (continued) 15) How does Orono*s technology referendum compare to other districts? Technology Revenue (current euthority per pupil unit) MrvwtorAui CdenPnMv ftl LouaPark Orono Stoc %^00 uoo |4U0 mo 16). V\fhat are the districts sources of revenue? 2005-06 15.7% 2.0*/ 5.7% 55.6% J ■ Property Tax (26.7%) B) State Aids (55.6%) □ Federal Aids (02.0%) • Local (15.7%) Ptigo 6 • 2005 Referendum Information Votifiq lr)ff)rr7i.ition 17) How will the ballot language be stated? Question 1 The school board of Independent School District No. 278 (Orono) has proposed to increase its general education revenue by up to $520 per pupil. The school district's actual referendum revenue authorization for any year shall not exceed the statutory maximum for that year. The proposed referendum revenue authorization would be appli­ cable for ten years unless otherwise revoked or reduced as provided by law. Question 2 The school board of Independent School District No. 278 (Orono) has proposed a capital project levy authorization in the amount of 2.722% times the net tax capacity of the school district to provide funds for the purchase and installation of software and technology equipment, the support and maintenance of technology and the training of staff in the use of technology. The proposed capital project levy authorization will rai.se approximately $750,000 for taxes payable in 2006, the first year it is to be levied, and would be authorized for ten years. The estimated total cost of the projects to be funded over that time period is approximately $7,500,000. The projects to be funded have received a positive review and comment from the Commissioner of Hducation. Qucttioii 3 Shall the school board of Independent Sch(H)l District No. 278 (Orono) be authorized to issue its general obligation school building bonds in an amount not to exceed $26,185,000 to provide funds for the acquisition and betterment of school sites and facilities, including the renovation, repair, remodeling, upgrading, equipping and construction of improvements to existing school sites and facilities? Question 4 If School District Ballot Question 3 is approved, shall the school board of Independent School District No. 278 (Orono) also be authorized to i.ssue its general obligation school building bonds in an amount not to exceed $4.965,000 to provide funds for the acquisition and betterment of .school sites and facilities, including additional renovation, repair, remodeling, upgrading, equipping and construction of improvements to existing school sites and facilitic.s? By voting YES on this ballot question* you are voting for a property tax increase. 18) When and where will the voting take place? Polls will be open Tuesday, November 8.2005 from 7:00 a.m. to 8:00 p.m. at the Administrative Serv ices Office located at 685 Old Crystal Bay Rd., Long Lake, MN. Residents in the City of Independence u ill vote at Indepen ­ dence City Hall located at 1920 County Rd. 90. Absentee ballots will be available at the Administrative Sen ices Office except for Independence residents who should go to Independence City Mall. For more infomiation call 952-449-8300. Page 7 • 2005 Ralarenduni Informatioa Vnliruj Inlorrn.Mion i' onti uirfi) 1§t N&m mil i ^ tMlllmtl Infonmilon or qim^tlonM mmwmmd? IfM'i ■ ' di^, October 10, at 7K)0p.iii. in the High School Cafeteria. MiiMte(ViNClMii) JNlt^M(OMlr) C (CM) (DincloO MMi M 4i Ma (Diracidr) Kifl^a ihOMiy (CoMMnkaioaa Cooid.) hi'ifta w.-- .• .■703-479-3203 952-404-1230 763-479-1990 952-473-4691 952-473-7920 763-475-0787 952-449-8305 952-449-8306 952-449-8315 k . r-'' te;a ir. ivv-' • ;••■ ^ .• AS -A ; ^ JL^VV ‘‘v^:' ' t^:. S ** >;• ■si.-: 5. y. ^ - ii^f^ aao flrffc'-- *--- •’- rOSSEM eCGVfVSCS • 2005 • ✓. ' .% «s .ir»'l p.i rl foi hy )nd«'{>»*n(lonl S» M«k>I District 2"’H -. r?' ^ ,v ’I zt ONiinuad NI^ ‘ajfri Boon at>fd aflaiaod 9 0 BiONKMd-uoN tnUUJ'Z l.1|‘OUOJO‘MMM 9SCSS •«|Bn 6uoi 9^xog o d N P«Od Xeg |ei*Xio p»o 989 saoyio aAneqsHiHupv sjooyjs ouojQ DATE: October 21,200S ITEM NO: ^ REQUEST FOR COUNCIL ACTION COUNCIL MEETMG OCr24200S enVOFORONO Departniciit Approvol: Nome Ronald J. Moone Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Lake Minnetonka Communications Commission 2006 Budget Attached is the Lake Minnetonka Communications Commission (LMCC) 2006 budget. Sally Koenecke, the Executive Director of the LMCC, will attend the October 24 Council meeting to present information regarding the LMCC budget, and to provide an update reg^ing the LMCC's activities. The LMCC is a consortium of cities responsible for administering a multi- city cable communications franchise. This franchise has expanded from cable TV to high-speed internet access. There is potential for additional communications services to be provided through the broadband network. The total expenditure level in the 2006 budget is $431,028. This is an increase of $8,768, or 2% over the 2005 budget. The two most notable expenditure items in the budget are an expenditure increase of $14,634, or 15%, in full time salaries related to access snidio production, and an expenditure reduction of $17,000 related to a franchise audit performed in 2005, but not planned for 2006. COUNaL ACTION REQUESTED: Motion to ^n>rove the 2006 LMCC budget. Am. 4/ Mm. --J LIMCCLAKE MINNETONKA COMMUNICATIONS COMMISSION 4071 SUNSET DRIVE • RO. BOX 385 • SPRING PARK, MN 55384-0385 » 952. 471-7125 » FAX 952. 471-9151 ^5 •V OICPHAVIN EXCELSIOR i GRCSNWOOO MERENOENCE long lake LORiTTO Ki MEDINA MmNETONKA •EACH MINNETRISTA ORONO * ST. EONIFACtUS SHOREWOOD tonka eay .'T VICTORIA WOCOiA^jO September 14/ 2005 Mayor and City Council Members City of Orono POBox66 Crystal Bay, MN 55323 or CJTVO- Dear Mayor and Council Members: The Lake Minnetonka Communications Commission (LMCC) passed the enclosed budget for 2006 at its Full Commission Meeting on August 16, 2005. According to the Franchise Agreement the budget is to be mailed to the cities within 15 days of the September meeting. This budget is not funded with tax dollars, but rather a cable company franchise fee paid annually to the LMCC. We are also receiving a PEG (public, educational, governmental) access fee for community use of the production studio. I am submitting the budget to all city members of the LMCC for review and approval according to our Joint Powers Agreement. The LMCC would ask diat you review and approve the LMCC budget within 30 days of receipt of the budget. The budget will be effective if approved by a majority of the members. Therefore, the LMCC requests a copy of your city's motion or resolution to approve the LMCC budget for our records. If you have further questions please ask for my assistance. For convenience if you would like to fax the formation our fax number is 952-471-9151. Sincerely, SPRING PARK MINNETONKA COMMUNICATIONS COMMISSION I Sallv Koenecke Executive Director Enclosure --1 II I ■ If ^ i ■i Lake Minnetonka Communications Commission Year 2006 Budget The T^kg Minnetonka Communications Commission budget format includes three separate funds: Franchise Administration, Studio/Access Production, and Capital Improvements Fund. The Lake Minnetonka Communications Commission is not funded by tax dollars and its operating budget is derived from cable franchise fees and PEG fees to cable subscribers. The Lake Minnetonka Communications Commission maintains a fund balance as a reserve to maintain operation if unforeseeable funding losses should occur. These could include lowered franchise revenue, legislation resulting in reduced funding, or other revenue losses. The LMCC has some financial obligations, such as a building rental contract, that would have to be paid even if the legislature eliminated franchise funding. The LMCC studio and offices are still located at 4071 Sunset Drive in Spring Park. The fdlowing is a summary of die categories of die budget: franchise Administradon Fund This fund is supported entirely by franchise fees and interest on investments. Activities accounted for in this fund are related to die oversight responsibility of the Commission representing the member cities' interest in the cable operators compliance with the franchise agreement. The LMCC also represents its member cities by monitoring and participating in the legislative activities at the state and federal levels. Studic/Access Production Fund This fund is to account for all public access activities. Expenses cover staff time and all operating costs of assisting residents and institutions in producing video presentations to be played back over the local public access channels t. 12, 19, 2C and 21. Revenues for this fund are derived frcm interest on investmente, PEG fees from our cable subscribers, a portion of the franchise fees, and additional charges to entities outside of our franchise area (Mound) who have a need to access the public access channels. The Wayzata Schools are providing the programming function for Channel 19 and have included ail the school districts in the LMCC service area in their programming. Capital top rovemcn t Fund The Capital Improvement Fund supporta die acquisition of new equipment as well as to recognize the depredation and need for replacement of equipment and lease-hold improvements fwesendy existing. A listing of a proposed equipment list is induded. The equipment list is projected as pricing may have changed prior to the time of puiduue. Purchases are subject to approval by the commission and may change if technology dictates better options. Submitted by: Sally Koenecke, LMCC Administrator ' ' '''''-mm , m ^ #■ /EMU. - r^lCT Lake Minnetonka Commiinications Commission Budget Summaiy Proj ected Revenues Pro jected Expenses $437,709 itsLoza Increase In Fund Balance $6,681 Projected 2006 Beginning Fund Balance $344,722 Projected 2006 Ending Fund Balance $351/403 ■iaarf-stijTg.1 r kk‘1^: : A -------- Lake Minnetonka Communications CommiMion Bropoacd Budget 20M ^i.i r m AdtpM tllUaMMaMin uiPKtORa inncuoM m ttoehlmaaMi ISl UUtIN MUliN f,mN inmM 2MMjN mji - ?;Tb M Ptnond Ssnlai TMaUuplM Hi A bu Pm 114 PumllMUBM IUJ4 ISl IVifilMaflladOaiiirran IUIM mp SM PiMhuaU PiMhMiu SNhWBM SNlMtoi 414 una Pap* IqupMM 411 VaiOptraton 4U 411 4» Prepaif Tamt 4SI CBiaBfRwgr LBaahBid TeMi Otm «nd Clurgt> I4M4OJ00 4l40Si)0 IIJTIjOO l440a0Q 21JMO0 IIUSIJI WM99M Mnn 2.130.00 UMJI U71N soil lAim unN 4.MI.II (4nji MISa 'I fjmu I.4SMI 2MNJI 2l.SII.« 7.4MJI MHJI WN i.mji 4m.N MMJI 1.ISIJI IIMJI SAM.M nni.N Ml in 4C.4N.I0 4M7in $,m.n <340.N 2,ni.N 2.7SIJ0 ULMJI unm INMI 1.7SI.II i,4Mn 7JN.I0 i,m.M C.4II.II 10.SU.U 1UM.II SM.M snn t.niJ0 i.7sin S.4H.W 4.win i.»o.mi 4ii.oe 40,S$M0 41.444.00 3,(M.I0 S.S0MS 4.III.N 3,S$0.00 9.KIKI O.KiOl 4.NM0 2.SOO.OO UMO 301.01 IIS^SSIOO I1S,S24.|{ 317,210.00 ^,020 00 17,00100 0 00 11,000 00 23,00000 ' y •' i ^ : . , V.. k S HIM 00 <31.Q2Ufi Lakt Mimwtonka Conunanicationa CommlMion Vkopotcd BudgnC'^1 I ; 3004 ms ROtai 292A*9 vm 4iSif ifilO 2J09 iJ96 >4B»fi47m aaMM 74S.444 400,722 244^ 427JW 7M1 4S1JBM 2St^ A.'S'-;,- y'. 30QS tfli*. Actual 2003 2006 Revised GoaaWec Pnposd 2M.lil 7SJM 294,944 306741 S74at 29411 S9413 6t372 4SAN 13400 S9400 $7,496 A414 1411 3423 4.000 1,910 3,213 6400 aooo 1473 97 100 100 17400 •-m 417410 131430 419471 437,709 ' - a ^ V .. 4,\; • n 3U 311 Ml 31f 33S MM 4U 413 433 4M35 am Qm M i Am M ip6* I; ■UkcMlnnetoiiluCommniiic FropoMd Budget It ComndMiofi i i ' i 17.072.00 3.213.00 IIUU.W 2006 2006 2nns ObfilfnHhMi Aatml AdoBlid 4Ma Act HwhclBd fVBPOiil 34,20040 33426 IO4OO 36^000 9tjm 14,12340 11436 M33 10436 1940034iMe3b200240034009402 4^3QM jOO 4400 2406 4.600 4425 10141 1'OO 11400 3473 11400 11,T0O 34040 370 m 370 970 72,732 36412 73426 tOu 144140 1400 061 1,700 1.79073440330104330STB31940230303700790 MTMO 2.100 L6S2 1930 3403 14M40 3400 !,143 3400 SjMD fffiMuOO'030 470 930 980 141340 2400 1,010 2400 2400 527M 400 220 323 930 m 1400 •1400 14S0 443040 0490 2462 1473 •490 241340 3400 UMO 2430 2440 140340 1410 732 1400 1490 M0940 0400 1403 9400 0400 730.00 1400 267 1400 149D 143340 2400 302 1400 2400 341040 3400 2430 2430 •400 3400 1,796 3400 94009iM03001343009B02104014004610001400 %1U40 1400 •1400 1400 043040 lOtlOO 3400 moo 10499 142040 1400 966 4400 64003,10340 HS %300 3400 •400147749240090924002400 33240 2400 230 2400 1400 39,77340 44400 1946^__asu.47.716 m 300 •300 300 110401.00 130,002 6O499 13Q439 136290 T«l i74»C 54XK)TZTIRr 734 ITT 144.00 TT ITT C;,wc IJOC c 2400 T32335! Ir i^nsts Lake Minnetonlai Comiminications Commission Itopoeed Budget^.1 1 r Adwl xos 131 ISSnCAGM. 131 ItalHifaiunaM 131 WSathmCoas.lMBiHS 91473 3(471 «463 94(4 9439 4S3 963M 194M «490 U7S 9300 SOO 1434(3 141479 340 1.714 714 3434 300 700 300 3400 IM 1434 17433 1446 934 1,713 336 3493 300 3,700 31400 3400 970 3400 330 Savfca 360 300uiflkiH 304 Mw* ltaydi«|C9llKito 410 Vi 4t3BaiMfa«aMl 413 EuMpoHMRcaial 433 Dim A Sabtcriflions 430 n«s*rtyTaiM 1,934 1493 3,7J^ 470 4433 3436 6470 360 310 6466 646 29,771 1,721 317 6407 410 TettI Otter Cbt^ Total Eipsittittret 374*5 243433 m 2003 6 Mo. Act 2003 PiolaclBd "mm 41409 9,714 3,132 4497 4411 90466 19430 7,000 9,700 9400 300 73470 144,724 193 242 702 M14 300 700 900 4400 Z006 Coaattee Pwposil lltOOO 22.113 7.906 iai83 9.800 SOO 16LS82 350 700 900 4.000 2431 __ S.9SO 1,113 3,700 3.600 16410 20400 2LSOO 326 1400 2.400 479 970 990 962 2400 Z300 137 330 5502,124 2,700 Z700 33420 15.173 31.720 34,240 2400 130 2400 2.0001«2S0 732 1400 L40034003,706 4,000 3^300SOO221300500^400 1476 3400 5,0003,300 3.171 3400 312006,700 3,391 7400 7,3002S0134260270730468600750440014043.000 3.0001,700 94 600 400 30479 15,183 30479 3a9662,10c I486 2,000 1.50060041860055064S03,194 6^400 &650 ^400 278 1.000 1000 71.E7Q 36ul36 674?9 67 snfi 252,178 12:480 250483 269.278 t-, *•J . ii, 2006 Capitol Expense Budget At $23K Qty: City Council: 2 DVD Recorders 2 13" TVA/CRs Control Room: 1 13” Video Monitor 1 JVC 9* Monitor J 5 Year Plan: Year #1 Version 2 1 Encode & Stream Ch8 Equipment 6 25* XLR to XLR Cables 4 Sir XLR to XLR Cables 6 25'RCA to RCA Cables 6 456 Style Batteries Playback: DVD Players DVD Plajw/Recofdefs Graphics for Ch20 Compultr for Programs ManufacMrer Part#:Cost Each:Ext Cost. e Sony Toshiba ROR GX300 MV113041 $299.99 $131 99 - .. - - j ( $599 98 $263.98 1 t JVC JVC 1 TM-H1750CGU TMR9U $899.99 $1247 no \ $899 99 $1,247.00 Project i Hardware & Install $10.000 00 $10,000 00 Comprehensive Comprehensive Comprehensive Battery Pro DXLRP-DXLRJ-25EXF XLRP-XLRJ-50EXF PP-PP-25EXF VPA-BP50 $32 00 $43 50 $12 99 $24 05 $192 00 $174.00 $77.94 $149 70 i 1 Panasonic Panasonic Scala Gateway 1 DVD-S77S DMR-T6070 Infbchannel 3 83SGM $249 95 $850 00 $4,100 00 $850 00 $749 85 $1,700 00 $4,100 00 $850 00 1 Sub Total:$21,004 44 ■ Replacements for 2006 Tax:$2,233 04 ” 5 Year Pian Total;$23.237 48 -------------------—1 ::;C "v "’'f :« % • • *1 . 1 i A 3152 3160 3157 J 3124 31561 \l COUNCIL MEETING OCT 2 4 2005 OTYOFORONO AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 24,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item^ on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA I. Approve/Amend APPROVAL OF MINUTES • 2. Regular Council Meeting of October 10,2005 PUBLIC HEARING - 7:00 P.M. 3. Certification of Delinquent Utilities and General Service Fees - Resolution PRESENTATION 4. Mike Bash. Orono School District Referendum 5. Sally Koenecke, Lake Minnetonka Communications Commission - 2005 Proposexi Budget PARK COMMISSION COMMENTS - Michael Huddy, Representative PLANNING COMMISSION COMMENTS - Cynthia Bremer, Representative PUBLIC COMMENTS - (Limit 5 Minates Per Person) ZONING ADMLNISTRATOR'S REPORT 6. #05-3124 William and Rhonda Oralie, 1860 Shadywood Road - Variance - Denial Resolution 7. #05-3152 Bohland Development onbehali of James D. Mackinnon et al, “3500*’ Watertown Road - Sketch Plan: Residential PRD Plat 8. #05-3153 City of Orono, Amendment to Municipal Zoning Code Section 78-1577: Exterior Storage - Ordinance • 9. #05-3156 Sonya Garnett on behalf of Kevin Garnett, 450 Orono Orchard Road South - Conditional Jse Permit - Resolution • 10. #05-3157 MarthaT. Mason on behalf of Sara Moos, 2160 Webber Hiiis Road-Vanance II. #05-3160 JudsonM. Dayton, 825 Old Crystal Bay Road South-Lot Lmc Rearrangement MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 12. Request for Payment Number 2 • Lee Carlson Ballfield Trail Project 13. Award Contract North Farm Drainage Improvements Project rJ k Dale Applicatioa Received: OS-lS-05 Date Applicatioa Complete: 07-07-05 60-Day Review Period Expiration: 09-07-05 60-Day Extension Expiration: 11-07-05 COUNCIL MEETING OCT 24200b CITYOFORONO REQUEST FOR COUNCIL ACTION Date: September 27,2005 Item No. Department Approval: Name: Melanie Curtis Administrator Approval:Agenda Section: Title: City Planner Item Description: #05-3124 - E)r. William & Rhonda Omiie - 1860 Shadywood Rd - Variances - Denial Resolution Zoning District: LR-IC, One Family Lakeshore Residential, 0.5 acrc/100* Lot Area: 0.89 acre (38,796 s.f.) Lot Width: 135* Lift of Exhibits: Exhibit A - Denial Resolution Exhibit B - Letter to Applicants Exhibit C - PC Action Notice dated 07-20-05 Exhibit D - PC Memo & Exhibits of 07-07-05 Application Summary: The applicants are requesting a rear yard setback variance in order to raise the roof of the existing detach^ garage to match that of the house. In order to do so the following variances are requested: 1. A 75 ’ - 250 ’ hardcover variance for 29.5% where 26% was approved in a 1993 variance approval; and 2. a hardcover variance within the 250 ’ - 500 ’ zone to allow 37.2% hardcover where 30% is normally allowed and 37.2% currently exist; and 3. A rear yard street setback of 3.0 ’ where 10 ’ is normally required and 3.0 ’ currently exists. Plnnning Staff Recommendation At the Planning Commission meeting in July staff recommended approval of the rear yard setback variance for the garage roof; subject to the removal of excess hardcover to revert back to the levels previously approved in 1993. The applicants have not provided a revised survey or plans to reflect hardcover removals. Further the applicants have not returned phone calls nor responded to letters from staff regarding Council review of the application. Therefore, as the 60-day extension will expire on November 7,2005, and no extension request or revised plans have been received by the City, Planning Staff recommends denial of the variances as requested per the attached Resolution. — ------- ri?/ Planning CommiMion R«commendalion On July 18, Planning Commission voted 7 - 0 to recommend approval of the rear yard setback variance subject to the removal of hardcover to the levels approved in 1993. Applicants were directed to provide a plan showing who this would be accomplished prior to Council action. COUNaL ACTION REQUESTED Adopt or amend the attached Resolution. m r, '.v. ■Ki-? ■ >'“v. i '(mm rmi :1V-, V- '"' ■ ‘i: ' ^ >;Vv -i, i ■ ■'» 3 •».V ■ . • . V?; V •i'v ' ft'*'-‘?¥l . I -w t:., ■■t. I" mmim A RESOLUTION DENYING VARIANCES PER MUNICIPAL ZONING CODE SECTIONS 78-1288(B), 78-1405 A 78-1435 FILE 805-3124 . i. WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulation for the protection of the public health, safety and general welfare; and WHEREAS, Dr. William Omiie and Rhonda Omlie (hereinafter “the applicants”) are the owners of the property located at I860 Shady wood Road within the City of Orono (hereinafter “the City") and legally described as follows; Lot 27, except the north 1S feet and rear thereof, said 1S feet being measured at right angles from the north line of said Lot, and Lot 28, all in SHADY WOOD, Hennepin County, Minnesota (hereinafter “the property"); and WHEREAS, the applicants have applied to the City of Orono for variances for hardcover within the 75*-2S0* and 250*-S00* zones and a rear yard setback in order to permit the existing garage roof to be raised to match the pitch of the roof of the requesting the following ^rprovals: 1. Section 78-1435; To allow a rear yard setback of 3* for a detached garage with doors facing away from the street where a 10’ setback is normally required. 2. Section 78-1288(8); To allow 7,C23 s.f. (29.5%) hardcover within the 75’ - 250’ zone where 6,189 s.f. (25.9%) was approved by Resolution No. 3236 in 1993. 3. Section 78-1288(8); To allow 1,842 s.f. (37.2%) hardcover within the 250’ - 500’ zone where 1,665 s.f. (31.4%) was approved by Resolution No. ?“'36 in 1993. WHEREAS, the Planning Commi^tsion reviewed the application at a public hearing on July 18, 2005 and has recommended approval of the setback variance and Page 1 of 4 » n. 1 X i? * ¥ h ^-V ■■ -.-r •1 denial of the hardcover variances; recommending that the 1993 hardcover variances granted by Resolution No. 3236 be upheld; and WHEREAS, the applicants were directed to provide a revised site plan meeting th recommendation of the Planning Commission, and applicants have not provided such a plan nor responded to City requests for same; and WHEREAS, the City Council has reviewed the application; the recommendation of the City staff and Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variances as described above based on one or more of the following findings of fact concerning this property: 1.Variances were granted in 1993 (Resolution Number 3236) on this property to permit hardcover variances within the 75* - 250 ’ zone of 6,189 s.f. (25.9%) and within the 250 ’ - 500 ’ zone of 1,665 s.f. (31.4%) where 25% and 30% respectively are allowed. 2.It is the intent of the Comprehensive Plan and Zoning Code to protect the water quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would allow additional hardcover. 3.The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 78-123 with which the applicant must first comply in order that variance be granted. The Council finds that: a. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls. b. With regard to the hardcover, the plight of the landowner was created by the landowner. t c. Granting of the proposed variances would appear to serve as a convenience to the applicants and the applicants have not Page 2 of 4 demonstrated a reasonable hardship or practical difficulty acceptable to the City Council. d. The conditions of the Zoning Code limits imposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located as well as in adjacent residential zoning districts. The initial 6(May statutory review period was extended by the City to November 7, 7.005. The 60^y extension will expire on November 7, 2005, and the applicants have not requested an extension, submitted revised plans, or requested placement on a City CouiKil agenda. The City Council has considered this application including the findings and recommendations of the Plaiming Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the conununity. Adopted by the City Council of the City of Orono on this 24* day of October 2005. ATTEST: Linda S. Vee, City Cleric Barbara Peterson, Mayor Page 3 of 4 i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ^ 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i-Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _______, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public m ■■ •:& I 'y2 ■f* i ■■ v\ o\ i GlTYor ORONO // 7 Maakl|Ml Offices Stowt Mints: 2750 Kelley Pstlmy Orono, Ml 55356 ■•Mil Mints: P.O. Bn 66 CrystsI Bay, Ml 55323-0066 August 17,2005 William & Rhonda Omlie I860 Shadywood Rd Wayzata, 1^ 55391 RE: 60-Day Review Period Eitcnsion Application # 05-3124 Application #05-3124 has not come to a close and the 60-day review period ends on September 7, 2005. As the City has not yet received revised plans for your proposal, your final review will fall after the 60-day period expiration. Therefore it is necessary to extend the review period an additional 60 days. The 60-day review period is hereby esaended an additional 60 to November 7,2005. Please submit your revised plans *0 me no later than September 1,2005 for review at the September 12 City Council meeting. In the event that the City has not received revised plans or a written extension request fiiom you by October 17"’, application #05-3124 will be brought before the City Council for denial at the October 24"' Council meeting. If you have any questions or concerns please contact me at 952.249.4627 ur by email at mcurtisiaici.orono. mn. us. Sincerely, Ciiy of Orono \ lUiiUa/iiiC£CiUi Melanie Curtis City Planner I lUephoM (952) 24M4M • Pin (952) 24M4I4 : CITY OF ORONO 2750 Kelley Parkway POB ok 66 Crystal Bay, MN 55323 952.249.4000 ZONING FILE 05-3124 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 20,2005 TO: Dr. William ft Rhonda Omiie 1860 Shadywood Rd Wayzata. MN SS39I COPIES: TYPE OF REQUEST: Variaaces DATE OF MEETING: July 18,2005 Planning Conmlssion recomnended as follows: Approval of rear yard setback variance in order to increase the height and pitch of the detached garage roof, in conjunction with hardcover levels in conformance with the 1993 variance approval Resolution squue footage levels of 6,189 s.f. within the 75’ - 250’ zone and 1,665 s.f. within the 250' - 500’ zone. VOTE:7 FOR 0 AGAINST Please note: Revised ptans should be submitted to the City showing hardcover ranovab In conform^mce with the 1993 hardcover levels by Monday, August 2**' for review at the Augu/.t 8*^ Council meeting. Applicant’s next sclieduled meeting is confirmed as: CHy Council - August 8,2005 - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they arc 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. ^-;T -i: ■ ■.4* • ... ' .7 '•"I J '........I It mi I FILE i 05-3124 7 July 2005 Page 1 of 4 Date Application Received: 05-18^5 Date Application Coniidercd as Complete: 07-07-05 iO-Day Review Period Eipircs: 09-07-0S To:Chair Rahn and Planning Commission Members Ron Moorst, City Administrator From: Date: Melanie Curtis, City Planner July 7,2005 Subject: 05-3124, Dr. William & Rhonda Omiie, 1860 Shadywood Road, o Variances: Hardcover, Rear Yard Setback o Public Hearing Zoning District: Lot Area: Lot Width: LR-lCy One Family Lakeshore Residential, 0.5 acre/100 ’ 0.89 acre (38,796 s.f.) 135 ’ Appticathn Summary: The applicants are requesting a rear yard setback variance in order to raise the roof of the existing detached garage to match that of the house. In order to do so the following variances are requested: 1. A 75’ - 250’ hardcover variance for 29.5% where 26% was approved in a 1993 variance approval; and 2. a hardcover variance within the 250’ - 500’ zone to allow 37.2% hardcover where 30% is normally allowed and 37.2% currently exist; and 3. A rear yard street setback of 3.0’ where 10’ is normally required and 3.0’ currently exists. Staff Recommeudation: Plaiuiing Department Staff recommends approval of the rear yard setback variance for the garage roof; subject to the removal of excess hardcover to revert back to the levels approved in 1993. _________________ Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-IC district shall exceed 2 1/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lot Am (acre) Lol Width (reel)Front Yard (reet) Side Yard (feet) Rear Yard (feet) Side Yard Adjacent to Street (feet) 0.5 100 30 10 30 15 Sec. 78-1288. Hard cover limitations. (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. •5’ ., r i-. i A i t i FILE #05-3124 7 July 2005 Paoe2or4 See. 78>1405. NoBCBcroachnicnts. The following shall not be considered to be encroachments on yard requirements: (6) In side yards only, no accessory structure rhall be closer than ten feet from any side lot line. Sec. 78>1435. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that iot except on lots which have frontage on a lake and rear ya^ adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of section 78-30S(b), section 78-330(b) and section 78-350(b); except that detached garages may be located ten feet from the street or real lot line when doors face away from the street and a turnaround is provided on the site. List of Exhibits A. Application B. Hardship Documentation Form C. Existing £; Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations F. Documentation of Prior Variances 0. Photos Submitted by Applicants H. Property Owners List 1. Plat Map Ba .kgrouBO The property owners would like to remove the existing, leaking roof of their detached garage and replace the roof with one with a higher pitch and attic trusses for additional storage. The existing garage is currently 3* from the rear lot line where a 10* setback is normally required. LOT ANALYSIS WORSHEET Lot AreaAVidth! LR-IC Lot Area Lot Width Required 21,780 s.f. (O.Sacre)100’ Actual 38,796 s.f. (0.89 acre)1.35’ LR-IC Reqcircd Existint Propo^icd Rear 10’3.0’3.0’ South Side 10’55’55’ North Side 10’54’54’ Lakeshore 75’255’255’ Average Lakeshore The existing building is located behind the average lakeshore setback line. FILEi05>3124 7 July 2005 Page 3 of 4 Stnictural Covcnigc; Total Lot Area Total Structural Covcraac 38,796 s.f (0.89 acre)Allowed; 5,819 s.f. (15%) Proposed: 4,5l9s.f.(l 1.6%) Hardcover CakolaHom: Hardcover Zoac 0-75 75 - 250 250 - 500 Total Area laZoae 10.028 s.f. 23,816 s.r. 4,952 s.f. Allowed Hardcover 0s.f (0%) 5,954 s.f. (25%) 1,485 s.f. (30%) Exittiog Hardcover 78 s.f.* (0.78%) 7,023 s.f.* (29.5%) 1,842 s.f.* (37.2%) Propoeed Hardcover 78 s.f. (0.78%) 7,023 s.f. (29.5%) 1,842 s.f. (37.2%) Resolutloa 3236 os.r. (0%) 6,189 «.r. (26%) or2S.9% based oa carreal i.f. ia area 1,665 s.f.or33.6% (31.4% based on area in zone of 5,300 s.f.)______ After exclusion of fabric or plastic*lined landscape beds Rear Yard Setback Variance The q>plicants are proposing to change the pitch of the roof of their existing detached garage from a 4/12 roof to a 10/12 roof to match the home. The increase in roof volume vrithin the substandard setback is the trigger for the variance review. The garage is set back from the property line 3’ where a 10* setback is normally required. There is a fence between Shadyw(^ Road and the existing garage - about 7’ off the property line. This fence, althou^ located within the right-of-way, blocks the garage from Shadywood Road. Hardcover Variance This property underwent variance review in 1993, at that time the City Council granted a 7S*-2S0* zone hardcover variance for 6,189 s.f. or 25.9% based on the total property area of 23,816 s.f. within that zone (based on revised survey). Therefore the total overage vrithin the 7S*-250* zone from 1993 ai^novals is 834 s.f. Additionally, the 2S0’-S00’ zone is currently 177 s.f above the level which was reported in the 1993 Resolution. Hardship Sfritenent Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /iv amMkkrtmg fmr mrkmet^ ihe FImmmImg CommbtMkm tkmH coHMkhr tke effect 0/ the ffWfmei mekmce itpmt the ItettHh^ tmi we^tite ef the cemmmmUy^ exMmg tm^ tmtklgtMl trmffk mmmAn ii 1i •'••■ A* ••: RLE# 05-3124 7July200S Pa0>4of4 /torn M# littnl pnyitloHt of tht Zoning Cmie In Inttnncn where their strict ei^orcemeni wenU cense nn4ne knnMilp hecnnse ef ctrcnnuteneeM nniqne to the hulhkinol property unier consUeroHon, ona $koU roco nnnentl opprovo! onty when It Is ttymonstrotei thol snch octlons will be In hewing with the tpMloinllnionttfihoOronoZonIngCoie. Staff finds that with respect to the garage setback the increase in roof pitch will have a minimal affect on the light, air and open space in the immediate neighborhood. Staff finds there may be justification to require removal of hardcover to achieve the level consistent with the 1993 hardcover variance {qiprovai amounts. The Planning Commission should discuss if the removal of 834 s.f. of hardcover within the 7S'-250* zone and 177 s.f. of hardcover within the 250*-500 ’ zone meets the intent of the 1993 Resolution approval. Iistue for CMwkkratioB Are there any other issues or concerns with this application? Staff RecouMBdatlon Planning Department Staff recommends approval of the rear yard setback variance for the garage roof; in conjunction with the removal of hardcover to return the property to the hardcover levels approved under prior qrprovals. wmm ;.v -.vA-i'" ^ II • It1 -h • 3 • . . r • • • * . • . - • • ‘ V • . ‘ City of Orono Variance Application street Address: 2750 Kelley Parkway Orono. MN 55356 Application # Main; 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Date Received: Amount Paid: Staff; Fee:$600 Renewal: $300 After-the-fact $1,200 Double Fee This application form must be compieied in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: . o . Site Address: SAAc^y/ri>GO<y . y>^i/ Property Identification Number (PiNf: (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year); *iT'“/9S‘^ Yes, I own the adjacent parcels. Present use of property; jSlResidential DOthei __________________________ Zoning District: ___________________ APPLICANT INFORMATION: (Complete legal narres and marital status requir^ for each interested parly) Name: J)fL M - Phone (work): fA/A] _______ ^ Fax^ OWNER INFORMATION: (Complete legal names a."d marital status required for each interested pai^) Name: L^UrA^ A. tf , >w^/iv<zc/ J 7 Phone (work): 3GO</ Ad.^ LeAi/^Aijr - Email 7 DESCRIPTION OF REQUEST: Estimated Project Cost: %30,000, Describe the request in detail (attach additional sheets if necessary): ________________________ A deteriorating roof and windows on existing detached garage need to be replaced. Request is to change pilch of roof to be in conformance with current construction practice (IQ/12 rather than existing S/12). Also to replace the two existing windows to be in conformance with current millworfc standards and to add brick veneer. These changes will also bring the appearance of the garage more into conformity with the main structure on the property and the character of other property in the locality. This request dogs gal involve changing the footprint (foundation), walls or location of the garage. A brick ledge currently exists in the garage foundation, which is included in survey measurements and calculations. i i »' %0: .s J \ I I 1 wil i % • .%♦ • REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. 9□□□ □□ □□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, 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. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey - including existing and proposed elevations. Provide one copy 8.5* x 11* or 11* X 17* for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5 ” x 11 * or 11 * x 17"). Additional Kerns may be requested by City 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 consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit Applicant's Signature: ^ ^ Applicant's Signature: X Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by CKy Staff, consultants, agents. Commission & Council Members for purposes of investigation and ve rifjcatiqp ^f this request. Owner ’s Signature: 25 Owner's Signature; )<■ Date: Date: Applicant must have all submittals into the CKy offices 25 days before the Planning Commission Kiting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present stall scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make anangements to have an authorized representative attend in place of the applicant and advise the CKy Planner assigned to your project. ? \ (T b fA A* / f.jc'ti ^1 i * 1 Pago I of 3 HARDSHIP DOCUMENTATION FORM This form it a raquirad tubmitlal for ALL varianco applicationt. An application wNI not be considered complete or placed on any meeting agendas until thte form Is complete and submitted to the CNy. Minnesota State Statue Section 304.27. 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 ^tuatlona are not considered va9d hardships, in order for an application to be heard by the Planning Commission and CHy Council a hardship having merit must be demonstrated. NOWf DO IPMOVE A HARDSHIP? This form has 12 points outlining the basis CHy stpff uses to determine If a hardship exists and how the variance will affoct the surrounding community. To prove a hardship, address all the relevant points Ksted below and answer them as dearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance la Justiflad. The information the City receives Is what is used in determining a denial or approval recommendation. If you leave something out H wHI 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 oondj^s allowed by the offldal controls.* ^ . 7^ bP tlT Aa <t __ Ai^AXJO dAILg 2.The plight of the landowner Is due to drcumstances unique to his property not oreaM by the landowner.” . ^ 3. *Economie considerations alone shall not constitute an undue hardship If reasonable use for the property er^ under the terrm of the Zoning Chapter.” II c ii \ } / nr f M.* . J r ... I/* -. —. A % 7. Page 2 of3 'Undue haidship also Indudea. but la not limited to, Inadequate acceaa to direct aunllght for aoiar energy ayatema. Varlanoea ahaH be granted for earth aheMered oonatmcdon aa defined In Minneaota Statutea, Section 116J.06, Subd. 2, when in harmony wKh thia Chapter.” The Board of Appeala and Adjuatmenta or the Council mry not permit aa a uartanoa any uae that la not permitted under thia Chapter for property In the zone wher^e affected peraonMand la located.' , ^ ^ /t 9Lo aP a i~-/XAjG / g /ViJ> / The Board or Coundi may permit as a variance the temporary use of a one*lamlly dweRIng aa a two*famlly dwelling.* 8. The apedal conditions epplying to the atrudure or lend in question are peculiar to auch property or Immediately edjolning property.” 0. The eondMona do not apply generally to other land or atructurea in the diatrid in which aaM land la loceted.* The granting of the ofe nation la neoeaaary for the preaervation and enjoyntent t of the appHcant.” 11. The granting ofthepropoaed variance udi not in any way impair health, aefety, comfort, moraia, or In any other reappd be contrary to the Intent of the Zoniiig Code.”. , /j . , / ' i" ^ i' jLzax. ^ 'U.t Page 3 of3 a.*the onintino of auch variance wHi not merely serve as a convenlirfice to the applicant, but is necessary to alleviate demonstrable hardship or dlfflcuRy.'' ^ 1 ffy tj Hardalilp Statement Should you feel the hardship cannot hilly be described In the above criteria, describe the unique hardship, practical dllllculty or unusual property conditions preventing compliance with Zoning Ordinance requirements In the following lines (attach addMIonal sheets If necessary): A deteriorating roof and windows on existing detached garage need to be replaced. Request is to change pitch of roof to be in conformance with current construction practice (1(V12 rather than existing S/12). Also to replace the two existing windows to be in conformance with current millwork standards and to add brick veneer. These changes will also bring the appearance of the garage more Into conformity with the main structure on the property and the character of other property in the locality. This request does not involve changing the footprint (foundation), walls or location of the garage. A brick ledge currently exists in the garage foundation, which is included in survey measurements and calculations. This detached garage does not fully comply with the ten foot (I0’*0”) set back requirement from the front property line (Cbunty Rd. #19 Right of Way). It is approximately three (S’-O**) from the property line at the SW (rear) comer and approximately six feet (6’-(r) from the property line at the NW (front) comer. From a visual perspective the detached garage appeara to be in conformance with the setback requirement (see attached photos). This is because the center of the road-driving surface (Cdunty Road flWShadywood Road) measures approximately 40 feet from the Omlie property line rather than the typical 33 feet Existence of the detached garage predates current owners. Although speculative, it is likely that whoever placed the garage in its current location relied on setback measurements from the centerline of County Road #19. For if this measuremetit were relied on, the garage would appear to be in confomuince with set back requirements. All survey data and ground cover data on record with the City of Orono dated 1993 remains current There have been no cUnges since that data was submit^. 1 ♦Hi" ■...■ :-^.M.--<: U-‘ ' A?Y;-N a:..4V-':-'''v5 ''•v-v: <iv‘l **'■ % i 4^1-*'iv :■'' •. '• ■' / ■*'■ ■': ’ m ' ■' ■■ ■ •’ i " ■^uLsm ■’V'"'4tw4Mim ‘..f. 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IK. \\ ^ i 1 • • • •• • ♦• :c• »~ 0 .V• * * .1 • •• • 0 <r .. M i ‘ -i - • 1 .♦• f • . • i . .r 1 i ■"w.fc":'! ’s OM. •• • . • USSKMMk.'^ ». • V----- ..'• • • • .’7 DodKAfe^J. w/ flo«^or> r<?P w^DoW drJ 4rTfl-fctT t^Avi.£ 6'&e MAipP •^»pLT C£t>AC. 4>V^ At^^ >' ■•-;..r. „-i ‘'vO C^«P t 6»cwriKj<.4f-^eA _________ E iVs. 1 + r«__1—---- VAA v J^ f'dA^At ^oRiWfe^- w/ £ou»J^ t£?p >y|uDeW 1^- [O -h u. 0 ul -0 Oi- VI jCi (2Cka*\>6> vsioeO — AO® fhlxoC ^fhO€ \Aft CtOAlfc ^k^lk E)^\STit->6 to ievAAni Vi) ^3 CO. < AtO % W \^(mOo^a^ ^ueJAt\0K> ^Act>J6 vAou^e/uAvce ^aov^ij £L6\iATto«J rAC»u6 4t^6^ 4»AM1t u),i “iff: i !2 •A'vi; ' :?fx -t T’J-t li^ /f.^ r in; U-o- At» uia.Mi4ittlt. OU C?H(STI»ai*4.* ueb#i. r: i 'w^ A4oM6 Wf»4>OVk/. 2u)rti PUiJ cO u> I .9 t vai I • Ol! s <fV' :,4,.:M '/i" u/u^ftyu/p UMXpMfCSMA- ' •owo t« <»au?rui ix»3df>Hr C6IU*a<» ^ISTS TO ieMAiKl AP^‘t«4' fU.1t H A F9i&eiA <A»4ufcf»6cU Vhb f^ 50f^<T £AI$|1o<» ^X4 V«UU - iSN& 5laiS€> 24.* #c. iw,*i> $(Acia»« OeTAtu »\'-cr 60 *aff<r OfcTAiu %1'v'^ ■ "i.r/' - (^= .r-'-'^ >’ L, f<.'' - -9 ““=!^* JO. ;I I •{■- i. - /;.r, i. '-i m ■■•■■•:, I !:> •;1 I * \ r-. 1 i ©<ftifrfr HAR9Cfl\(ER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) (^fl-7Sp EXISTING HARDCOVER IN ZONE 76-250 ’250-500’600-1000* A. House Lsngilt B. Oarage C Driveway o. Sidewalk E. Patio/Oeck F. Laridscape Underlain By Plaetic G. Retaining Walls L H. Other RPQP08EP HARDCOVER IN ZQ^(£ A. House Length e. Gar^s# C. DrivavMsy D. Sidawaia E Patio/OecK F. Landscape Underlain By Plastic G. Retaining walls H. Other total hardcover in zone TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ X X X X X X X X X .X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 7/g - B X X X X X X X X X X X _ X - B S.F Width a SE S.F. S.F. S.F. m s S.F. S.F. >2 2 S.F. S.F. a a S.F. S.F. S.F S.F. S.F. M.. '7S S.F. S.F. X100 ■ 7^ S F. A a.'la.% S.F. VMdtti s S.F. S.F. S.F e a S.F. SF. a a S.F. SF S.F. S.F. a a S.F. S.F. S.F. S.F. S.F XlOO SF A S.F. B -I HARDCOVER CA beriACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. HOUStt ______ 0-75 ’ B. Oarag* C Drivaway 0. Sidtwalk E. Patio/Dack F. Landscape Underlain By Plastic O. Retaining WaHs / H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A PRQP08ED HARDCOVER IN ZONE A. House - - - LsngSi 6. Garage C. Ddvsway 0. BkVjwaik E PatioATeek F. Landscape Underlain By Plastic G. Retaining VIMs H Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ _ ION WORKSHEET 2KO-SOO*600-1000' X 3^a 2>d>z^ S.F X WMh a S.F. X S.F. X n S.F. X m SF. X s S.F. X «»S.F. X mm S.F. X m S.F. X s S.F. X s SF. X u S.F. X s S.F. X «. S.F. .X • m S.F. e m '7. ^Z3 s F. % ^3. S/^ m B.F. ^ B XlOO m X • 5.F.\laaVWUWl • X w S.F. X =S.F. X s SF. X e S.F. X a S.F. X m S.F. X 8 S.F. X ■S.F. X 81 8.F. X ta ...S.F. X a SF. X a S.F. X m S.F. X . a S.F a S F m S.F. ^ B ktoo m A B Dat*i Subjects F Chalman Kelley and Planning Commission Members Mayor Peterson and City Council Ron MoorsOf City Administrator Jeanne A. Mabusth* Building t Zoning Administrator November 10, 1992 #1768 Dr* Nllllam and Rhonda Omlie, 1860 Shadyvrood Road “ Variances - Continuation of Public Hearing Mevlew of Jlpplioetion At your October 19th meeting, members acted on the side setback portion of applicant's comprehensive land use application. The Council approved the side setback variance subject to hardcover being maintained at the level approved with building permit (25.lt). Hardcover increases were to be considered with the future land alteration conditional use permit. Applicants have submitted a revised plan showing a decrease in hardcover from 31.4% to 30.7%. Portlaont Ordinanoea 1* Section 10.22, Subd. 2. Review of hardcover - amended proposal. 0-75* setback area Allowed ■ 0 s.f. Existing « 0 s.f. Proposed » 0 s.f. 10,200 s.f. 75~250* setback area - 23,800 s.f. Approved with Building Ferii: io/i/yz Boose ■ 2,930 s.f. Garage ■ 815 s.f. Driveway ■ 1,755 s.f. Sidewalk ■ 150 s.f. Steps ■ 39 s.f. Patio ■ 300 s.f. Deck “ 0.0 Retaining Nalls ■ 0.0 Landscape Areas ■ 0.0 TOTAL HARDCOVER 5,989 S.f. IN lONEi or 25.2% Original Plan 2,930 s.f. 951 s.f. 2,590 s.f. 226 s.f. 12 s.f. 547.2 s.f. 231.9 s.f. 0.0 s.f. 0.0 s.f. 7,488.1 s.f. or 31.4% Amended Plan 2,930 833 2,026 195 33 436 208 238 410 S.f. s.f.* s.f. s.f* s.f. s.f. s.f* s.f. s* f . 7,309 s.f. or 30.7% • Area revised to reflect extenstion of garage addition along existing north side setback 250-500* setback area " 5,300 s.f. Existing ■ 1,665 s.f. or 31.4% Proposed ■ 1,803 s.f. or 34% Hardcover increase ■ 138 s.f. or 2.6% I II • ^ r;r CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3195NO. A RBSOLOTIOH GRANTING VARIANCES TO MONICIPAL ZONING CODE SECTIONS 10.25» SUBDIVISION 6(B) AND SECTION 10.22, SUBDIVISION 2 PILE I176BA WHEREAS, Dr. William R. and Rhonda T. Omlie (harainafter *tha applicant!-) ara otmers of the property located at 1860 Shadywood Road within the City of Orono (hereinafter -City") and legally described as follows: property*); and v.ri.nc(B) and Section 10.22, Subdivision 2 to S«i?S Si,-. Vet* \1.V v-fs/™result in nr Incr.as. of U.2 s.f. bringing hardcover to 25.2% where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning Pile #1768. SSeSSoK^'JJsiLitiirJoiing^'Siit^ic't rtqulli^"l/2 acre in area or 21,780 s.f. The property consists of 39,300 s.f. or .9 acres. 3.The Orono Planning Commission reviewed the comprehensive variance application of the on October 19, 1992 and recommended acting on tne setback portion of the appllcatron and tabling all action on the remaining hardcover improvement. Tne KANSflR iNTiMD application as amended was recommended for approval grHRPUtuiAXAheiiciiecoMKbased upon the following findings: AUC 1993 Page 1 of 4 « •• CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3195 _ A. The addition will extend no closer to the north side lot line than the existing north wall of the garage. B. The overall architectural design of the structure be impacted by having to retain a 10' side setback for the garage addition. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and Intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the variances on the health, safety and welfare of the community. COHCLDSIORS, ORDER AND CONDITIONS Based upon one or more of the above findings, t^2 Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit a 13' 8" x 21.2' addition to the exislng garage located 8' 9" from the north side lot line and denies the variance to Section 10.22, Subdivision 2 that would result in an increase of 0.1+% hardcover, subject to the following conditions; 1.Upon application for an amended building permit, applicant shall also submit a revised site plan that maintains hardcover at 251 within the 75-250' setback 2.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council -»•••« mt /o. O'CITY of ORONO ft «8HO’ RESOLUTION OF THE CITY COUNCIL NO. 3195 approval# or this variance will expire on that date (November 9# 1993). 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 authority granted herein# and shall be punishable as a misdemeanor. The undersigned applicants have read# understood and hereby agree to the terms of this resolution and on behalf of themselves# their heirs# successors and assigns# hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono# Minnesota at a regular meeting held on the 9th day of November# 1992. ATTMBT t iorothy MyTallin #City Clerk _ _ _ _ _ _Ts) Barbara A. Petersoi^ Mayor Property Owner STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November 1992# by Barbara A. Peterson 6 Dorothy M. Hallin# Mayor 6 City Clerk of the City of Orono# a Minnesota municipal corporation and said instrument wab executed on behalf of the City. rrrrcci JAMK L BOSMA tamtmicmmam COUNTYi»c— imunMr Notary r 3^. • y- RESOLUTION H3195 I t V STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy N. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on November 9 , 1992 . and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 10th , day of _ _ _November _ _ _ _ _, 19^ V?->. llin. City Clerk '9 € i \CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3236_ _ _ _ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND DENYING A CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 21 FILE *1768/1786 WHEREAS, Dr. William R. and Rhonda T. Omlie (hereinafter "the applicants") are owners of the property located at I860 Shadywood Road within the City of Orono (hereinafter "City”) and legally described as follows: Lot 27 except the North 15', said 15' being measured at right angles from the north line of said lot, and Lot 28, Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 to allow hardcover inq^rovements in excess of the allowed 25% within the 75>250' setback area consisting of retaining walls, driveway and turnaround expansions, deck, patio and landscape fabric and a conditional use permit for the filling of approximately 300 cubic yards to allow for the es^anded drive and turnaround area. NON, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: INQS 1.This conqprehensive application was reviewed under Zoning Pile #1768 and #1786. 2.The property is located in the LR-IC Single Family Lakeshore Residential Zoning District, requiring 1/2 acre in area or 21,780 s.f. The property consists of 39,300 s.f. or .9 acre. 3.On NovemI)er 9, 1992 the Council approved Resolution #3198 as part of the comprehensive review of Application #1768 allowing for a side setback variance to permit the construction of a 13'8" x 21'2" garage addition located Page 1 of 6 ! CITY of ORONO ■ ''X RESOLUnON OF THE CITY COUNCIL NO. 3236_________ . i. j •. . r < 8'9" from the north side lot line instead of the required The Orono Council reviewed this application on DPTember 14, 1992 and February 0, 1993 and conceptually appi-oved the variance as amended to Municipal Zoning Code Section 10.22, Subdivision 2 and recommended denial of the conditional use permit per Section 10.03, Subdivision 21 based on one or more of the following findings: i^proval of the hardcover variance. 1.The additional hardcover will allow for the installation of retaining walls to prevent erosion of the steeper slopes adjacent to the turnaround approved with the building permit. 2.The more gentle sloped area resulting from the installation of retaining walls will provide permanent 8ted)ility and prevent erosion of sediment in runoff that will eventually drain into lake. 3.There is no hardcover within the 0-75' setback area. ■*- 1 S There is no increase in hardcover • proposed within the 250-500' setback area. Hardcover remains at 31.4%. 5.Property contains a grassed drainageway that provides treatment for the surface runoff from the immediate watershed. 6.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance %#ould not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a Page 2 of 6 1 i i CITY of ORONO 'll RESOLOTION OF THE CITY COUNCIL NO.3236 UliJ •SHU' demonstrable hardship or difficulty; is necessary to preserve a substeuitial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Denial of conditional use permit: 1. •< * The original driveway plan approved with the building permit was deemed to be safe and the proposed drive requiring additional fill was based on aesthetics and not safety. • • 2.The need to access property in times of emergency can be accomplished by a more efficient use of the existing garage facilities on the property. 3.Approval of a conditional use permit that would result in excesses of hardcover on a property that already exceeds allowed hardcover within the 75-250' setback area would estad>lish a negative precedent. ' 4.The City Council finds that granting a conditional use permit to allow the filling of approximately 300 s.f. of fill for paving improvements %#ould be detrimental to the health, safety or general welfare of the public, and will depreciate suzroxmding property values and that the proposed level of use of the property would not be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of. the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow an increase of 200 s.f. of hardcover improvements for retaining walls to be installed adjacent to an approved turnaround resulting in 6,189 s.f. or 26% hardcover Page 3 of 6 CITY of ORONO RESOLUTION OF THE CrTY COUNCIL NO. 3236_ _ _ _ __ _ in the 75-250' setback area where 5«989.s.f. or 25.2% exists and denies a conditional use permit for filling of approximately 300 cubic yards of fill subject to the following conditions: 1.Prior to the installation of the retaining walls adjacent to approved turnaround, applicants shall apply for an amendment to the original building permit issued for new construction providing a landscape/grading plan locating retaining walls and any other information requested by Building Department. 2.Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for an amended building permit within one year of the date of Council approval, or the special conditions of this resolution will e]q>ire on that date (February 22, 1994) . 3.Violation of or non-compliance with any of the terms and conditions of the variance shall constitute a violation of the zoning code, shall automptlcally terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicants, have read, understood and hereby agree to the terms of'this resolution euid on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of February, 1993. ATTl IT; llin. City Clerk Property Page 4 of 6 « r r m • •*CITY of ORONO • ■ ytr? '■ \ ■ ■ *• . • ; 1 . ,f'. :■RESOLUnON OF THE CITY COUNCIL NO. 3236________ STATE OF MINNESOTA } )88. CX)UNTY OP HENNEPIN } The foregoing Instrument wa8 acknowledged before me on this 22nd day of February, 1993, by J. Diann Goetten & Dorothy M. Hallin, Acting Mayor t City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 9 CAHOif A. HA8EMM MOTMir MU0-4M«Mf A HENNIMi COUIfTY MV Notary Public rr-- My Commission Expires '1 ^ # :r' »* * ■ ‘ i 9 > • # \ ■ ■*, lUlk- w *■ Page 5 of 6 [3i; CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.___mfi______ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) 88. On thl8 _ _ _ O juj U lo^_ ___ _ _ _ Public within and tpz said county, ^rsonally day of 199 3 before me a Nota^- -- -- - appeared K-U <y Qnnn i ^ - -—- - - - -^ )cnown to me to be the person (s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act amd deed. JAMCLBOSMA temnmto^mtu hmnmgountv _|%OomLEei«1MMr STATE OF MINNESOTA ) ) S8. COUNTY OF HENNEPIN ) On this _ _ before me a No appeared knoum to me _ _ _ _ _ _ day of _ _ _ be t 199 3 uw nns uw *•«'-'** -- - - - -—- - - - - - - - - - - - foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ^ARYNOTARY PUBLIC Page 6 of 6 Aiaiilk 1 k; ■ : • • ji •< . t ' 5 RESOLUTION #3236 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on_ _ _February 22_ _ _ _ _ _ _, 19 93 « and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 24th (SEAL) *:« 1 •‘cfiTi* nil I POPHAM HAIK 8CHNOBHICH A KAUFMAN, LTD U.S. OrtM Otwwt. Couoa*»o TBI. S09-Btl*ll00 Miami, flomiba Ttk BOB-BBO^tO WABMIMSrOH. O.C. TBt. toa-BBB*«700 SUITS 3300 222 South N inth Stbsst MlNNCAFOUlS. MINNBSOTA 55402 TBL 6I2-333-4SOO FAX 6l2-334-a80S CARRIE L. BAZELLA DIRECT DIAL «I2) 334.MM October 24, 1994 Ml LCIAtie. GIMMAMV TBt. OI lAB lAI-ABlOAlB BTUTTOABT. OXAMANr tcc OI iAB-711'taaBJ • *\ OCT 2 6 1994 . • I r% '4^ Dorothy Hallin City of Ofono P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Hallin: Recently I received several of your City’s resolutions from other Popham Haik personnel. Some of the resolutions were filed, while others were not. Those that were not filed, I immediately sent to Hennepin County to be recorded. I am enclosing those resolutions that were filed. Please forgive me if you have already received these documents, but I want to make sure you have received all recorded resolutions. Enclosed, please find the following resolutions recorded in Hennepin County: 1. Easement Agreement (Evans), 2. Resolution No. 3320 (file no. 3. Resolution No. 3353 (file no. 4. Resolution No. 3352 (file no. 5. Resolution No. 3306 (file no. 6. Resolution No. 3298 (file no. 7. Resolution No. 3362 (file no. 8. Resolution No. 3339 (file no. 9. Resolution No. 3327 (file no. JO. Resolution No. 3236 (file no. recorded as 2450574 on 12/7/93. 1846), recorded as 2450777 on 12/7/93. 1879), recorded as 6191497 on 11/30/93. 1878), recorded as 6191496 on 11/30/93. 1839), recorded as 2431403 on 10/14/93. 1838), recorded as 2431402 on 10/14/93 1888), recorded as 6195503 on 12/7/93. 1861), recorded as 2441709 on 11/12/93. 1856), recorded as 2435393 on 10/25/93. 1768/1786), recorded as 2441710 on 11/12/93. wn*nm9 ioa«M % rm- V' we f ■ - s' ■4 ;g»'i Jarre’S- • ^"rclis V* #y r « ». ’ef ».«. -•* <%/ *•#: I* I *••* / • • •» ' 1 *. •, *. /*\ ;• v*^- *%-v.-wVr-- V •‘*; r ^ ' ' ' * • ' ^ V y-^aV -** jC^v ;. *‘.v^ ‘ ^nn \- r\. 4 .rM iffi *’’■ lit J ^aMKWf».igp9tA\ ' ■; ^ 5 2005 ,'.fc ,<». #* ?:U-'- i*T > _:. ■• - i* f \ 4 ' :.1 »i ~ a»,r—3-t;*, ' ; 7< 1- i^; ^laiu*^ ■ ».It - if^. >‘v i "% *" - •i»inr • v' I . ■ . i<S -#r ti' -.v® ^' ,5 Tw J .S*rSL • vr' la ■ V \- - ^ 1 ‘ ‘i'ir.-^''____ ijU:’ ■j 1P' ‘<iie. " I ..>' >* s / >■ ■. T^M V>Hl/* ?.^l ' /r ^'■"Ib'v- '7 « m -K. ^ : > ■* V V ^t-* V r^' Vfn .-V, — V ■ > s»/r/ V U 5 2005 f ' •., ■ •*•>'• i»* ‘^•.' *^' .< v.*,^ . 4.<V * * , •''Aim .'A'^ ^ > \ V. I Y r-;;- ?^i^£ ■'” ss^'^ ^';.-> - ■ ■ r<-^~ . -;v^., -i- ' ■< ;».;>■* ■ -■ 1^. ■ 'fc. - ^ . irrT^ ^•rr^::*ro-' n 5 Z0Q5 14 5 Z0Q5 r^J £ Kmxuat-.umnu HENNEPIN COUNTY PROPERTY INFOW^aTION SYSTEM PROPERTY OWNERS LIST » I7U7232400M 7ROPADOR 1110 SHAOYWOODRD 3WNERNAMB DURWOOOATAYUm TAXPAYER OtOA M TAYLOR 'lAM&AOOR UWSHAOYWOODRD WAYZATAMN SS39I 31 1711723240007 PROPADDR loss SHAOYWOODRD OWNERNAME JOHNOMOTZRO TAXPAYER X3HNOMOTZKO NAME/AOOR U5S SHAOYWOOD RD WAYZATAMN SS39I 38 1711723240014 PROPADDR 38 ADDRESSUNASSIONED OWNERNAME GABRIELJABBOUR TA3CPAYER GABRIEL JABBOUR NAME/AODR 21 UNIVERSTTY AVE N E MINNEAPOLIS MN SS4I3 ^ 31 I71172324001S *ROPAOOR 1820 SHAOYWOODRO ( 2WNERNAME ■ ASKJERPMORLSCAIN TAXPAYER BRUCEASKJERPING 4AME/AODR 1820 SHAOYWOOD RD WAYZATAMN SS391 38 1711723240016 PROPADDR 1840 SHAOYWOODRD OWNERNAME SAERKKSONAOERKTKSON TAXPAYER SCOTT ERICKSON NAME/AODR 1840 SHAOYWOOD RO WAYZATAMN SS391 38 1711723240017 PRiC^AOOR ISS6 SHAOYWOOO RO OWNERNAME MftOSEIFERTJR TA3CPAYER MILTON H SEIFERT JR NAME/AODR 1836 SHAOYWOOD RD WAYZATAMN 55391 38 I7I1723240018 ’ROPAOOR I860 SHAOYWOODRD 3WNERNAME WRRRTOMUE TAXPAYER WILLIAM * RHONDA OMUE 4AME/AOOR I860 SHADYWOOD RO WAYZATAMN 55391 38 1711723240019 PROPADDR 1890 SHADYWOODRO OWNERNAME M EMASLOWRSS MASLOW TAXPAYER MARC ER SHARON SMASLOW NAME/AOOR 1 890 SHAOYWOOO RD WAYZATAMN 35391 38 1711723240029 PROPADDR 1875 SHADYWOODRO OWNERNAME MJKOSEKROFINKKOSEK TAXPAYER MARKJKOSEK NAME/AOOR GINA FINK KOSEK 1875 SHAOYWOOD RO WAYZATAMN 55391 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SI OFMY KNOWLEDGE AND BELIEF. c: // DATB^/^A^BY y. m • • PAGE: 1 ^ 1 ------^ V V : ‘V > 1rmu ‘|)!n i -0.Hennepin County Taxpayer Servicee Department (26) a i4s.a X i- § •V/’*' ~-Tf------------------ " ' « 3f«4o31 (20) f0BL2 * «(21) « fiad ? % (22) \ V M V ’ (23) */ lias ___y %\ . 0 \0w» W "N r (24) » 8 W ija.. ' ' .. !' •> Pm^lnfbmmpon P«fMl ID 17117232 HoiM Nimife«r 1M0 tlTMt ItaM tHAOVVVOOD RD ItiwpnmnlMtotmpliaaonotlnfonTmt mid am »omCiy, County, mid 81^ mtdmiMIlMmidcihtrmtunm. t- Date AppIkalloB Received: l*17>0S Date Applkatioa Coiuidcred ai Complete: (lacomplete as of 9-15-05) 120-Day Review Period Eipires: NA COUNCIL MEETING OCr 242005 REQUEST FOR COUNCIL ACTION emroFORONO Date: October 19» 2005 Item No.: Department Approval: Administrator Approval: Name: Michael P. Gaflron^^^^M Title: Planning Director Agenda Section: Zoning Item Description: #05-3152 Bohland Development, Inc. - “3500'* Watertown Road SKETCH PLAN: Preliminary PRD Plat - Proposed ‘‘Cluster” Subdivision for New Lots Zoning District:RR-IB, 2.0-acre Single Family Residential (2.0 ac. min., 200’ wid>' r'>r '.ssewered) Property Area:14.28 Ac. Dry 2.43 Ac. Wetland 16.71 Ac. Total Application Summary: Applicant proposes to subdivide this 17-acre vacant parcel to create 6 single-family rural residential lots. An initial plan was reviewed by Planning Commission in September as a Sketch Plan, and applicant was advised to consider a ‘clustering’ concept to allow for preservation of views in accordance with the Rural Oasis Study results and in line with the elements of Conservation Design. A revised plan was reviewed by Planning Commission on October 17. Ail six lots would be served by a new private road extending 700’ northward from Watertown Road. All lots would be served by private septic systems and wells. The revised plan eliminates the SE building site previously proposed near Watertown Road, and places all six homesites in the NW quadrant of the property, on lots ranging from 1.35 acres to 2.56 acres in dry buildaUe area. This revised proposal would be reviewed as a Planned Residential Development (PRD). NOTE: ZMr tipplkatkm remains incomplete due to tack of sept>. testing and des^n reports. However, it was brongkt forward to tke Planning Commission as a Sketek Plan Review in order to ident^ stgn^lcant issues wkkk tke applicant must address, and Council is presented wUk tkis application as a Sketek Plan Review, primarily for consideration wketker tkis PRD "clustering" concept skotM move forward , r • I WM1S2 October 19,2005 Page! Lilt of Exhibits A-Noticc of PC Action, 10-I9-05 B - Revised Site Plan Reviewed by PC 10-17-05 C - Original Site Plan Reviewed by PC 9-19-05 O - Memo and Exhibits of 10-13-05 Backgronnd Applicant originally proposed a 6-lot standard plat, with each proposed lot meeting the 2< acre rural zoning standards for width and area. However, certain issues with that plan quickly became apparent: - the lot proposed at the southeast corner of the property would have to hug Watertown R(^, would result in a separate driveway off Watertown Road rather than from the new private road, and its 2 dry buildable acres were not contiguous but were split between area NW and SE of the wetland near the front of the property; and - the proposed lot layout had significant negative impacts on the long views from Watertown R(^ through the site (which were identified in the Rural Oasis Study) by either blocking the open views or by removing the wooded backdrop behind those views. Planning Commission suggested that the applicant consider a “clustering” concept whereby the long views would not be blocked by a new home, and whereby the loss of the wooded backdrop could be reduced. The revised plan creates lots that are in all cases nanower than the 200’ required by the Planning Commission, and ranging in size from 1-1/3 to 2-1/2 acres. An outlot would be created in the front 1/3 of the site, preserving wetlands and woods, and accommodating the required stormwater ponding. Planning Commission suggested some additional tweaks to this plan, recommending that the 3 easterly lots be squeezed a little narrower if possible to minimize loss and encroachment of the wooded slope at the center of the property. It was also suggested by the adjoining neighbor to the east, Gary Demolay, that the proposed stormwater pond be moved slightly further westward to avoid removal of trees at the base of the slope. PRD A **Ctasterteg*'Concept Because the revised plan incorporates substandard lot sizes and creates a large outlot for conservation purposes, this application must be reviewed as a PRO. The primary question for Council to address at this Sketch Plan stage is whether there is support for the level of lot size reduction proposed. This proposal is not really “clustering” in the classic sense; it it relies on individual large lots with their own septic systems, wells, outbuildings, etc., rather than individual house pads grouped together in a small area with the majority of the site in common open space. MM-31S2 October 19,2005 Pigc3 A major difficulty in rural cluster development is (and always has been) the need to provide for individual septic systems. Due to the steep slopes, this site is not readily conducive to a shared or community septic system, and Orono has never promoted the use of such systems for a variety of reasons. The nearest municipal sewer is less than 'A mile distant (at L^af Street to tlw east and at Eileen Street to the southwest) but this area is not in the MUSA and the City has no expectation or intent to bring sewer to this area of Watertown Road. Therefore, it is imperative that individual building lots have adequate area for primary and alternate septic sites. Further, where the lot size is ro small as to limit the ability for amenities such as pools, tennis or sport courts, accessory buildings, etc., it would be prudent that covenants be established as part of the subdivision process that will protect the septic sites. For the record, I vowed many years ago that Orono would never create another French Creek, the subdivision Just west of the Minnetonka Art Center where lot sizes ranged from I acre to 1.5 acres. Preservation of septic sites was at best difficult and at worst a nightmare, due to the property owners ’ expectations of large homes, patios, decks, pools, tennis courts, loop driveways, and landscaping, all of which in nearly every case resulted in complicated site plans with less-than-optimum or compromised drainfield sites. Issues for Consideration 1.Does Council support the concept of a PRD development for this site, on the basis that PRD is the only way the Zoning Code would allow development of substandard lot sizes in the rural zone? 2.Does Council support the creation of substandard, unsewered lots in the rural zone to accomplish the intent of Conservation Design in meeting the City’s “Rural Oasis” goals, for this property? - If so, docs Council have any thoughts or concerns about imposing strict limitations on development of the substandard lots to avoid future septic problems? • If not, does Council support 1) pursuit of expansicn of the MUSA to allow sewering of rural cluster developments that meet the “1 unit per 2 acres” density standard?; OR 2) reduction of the number of lots in order to meet those goals? COUNCIL ACTION REQUESTED Review the proposed subdivision as a sketch plan, and advise applicant whether to pursue the cluster concept as proposed, or to pursue other options. 5 ■ CITY OF ORONO 2750 Kdl^ Paricivay P.O. Boi 66 Ciystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #05-3152 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19,2005 TO: Bohland Development, Inc. 1844 Wayzata Blvd. P.O. Box 815 Ung Lake, MN 55356 COPIES: James MacKinnon 2430 Meeting Street Wayzata, MN 55391 TYPE OF APPLICATION: Preliminary Plat - residential Subdivision DATE OF MEETING: October 17,2005 Plaaaiiig Commission recommended as follows: Planning Conunission reviewed the revised proposal, and voted to table the application because it was incomplete, but recommended that it be brought to Council as soon as possible as a Sketch Plan review fw Council consideration of the PRO/clustering concept. Planning Commission also made the following suggestions: - Consider narrowing the eastrly three lots to result in less impact to the central woodland area southeast of the house on Lot 3, Block 2 • Per the suggestion of the neighbor to the east, consider moving the stormwater pond slightly west to preserve more trees at the base of the slope VOTE (to table): 5 FOE 0 AGAINST Applicant's next scheduled meeting is confirmed as: CHy Council - Monday, October 24.2005 - meeting begins at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Conunission. If you have questions, please call Planning Director Mike Oaffion at 952-249-4600. A 1 MACKINNON HILL nttUMMARY PUT FOR BOHLAND DEVELOPMENT OP OUTLOr A KM1YRE. AND IN THE •VMM OP THE BE 1M0P8EC. 32-11t-23 PMCOUNTY,R -• k . V - ■ \ \ \ \ \ s \ ^ N \ 1 ^ ) *1 \ \ J J P \ ^ i IAMCMMNON 85!iSS^ wfmmMmrnmi SMWsasfss"***"* MLJFn—!I ' ''■ V '/'"v}M I'* I- - - 'A- -' \\^ ^ ^ II II / /I//// / ///////// II II ///// / /^/ / / // / / / / \ 111 II I/ ^/ / /'^ y / / / / \ \!!! //// /.^ y / ! / n j i // o / / / f*i*^^Tii /////------- 'uWy'/ / -'f/'V/7T7'V-/-^/n'|'['<f I ,\i I ^<7 j V 11 If' ' \\vAVb^c4' 4 - T7 "-7- —z — V ^ ____»iirf am — ___ —— *\ ^"*-^T ^ I-' V □ M F f / // '' i!/// ^ ^W/ ''y - 7 ^.f^ACRiS totals X' 4 A / / z' KyyyA/ m■Smi‘ wm','iy,'j'/ii‘ *k•ffy'/M \ MM.4WP NIMtA / I /// 1 ± (0 ff <5S k55 / r------- 1 ^ WtATlAKt k H7ilO ffSWtV MACKINNON HILL ORAOINO PLAN FOR BOHLANO DEVELOPMENT OF OUTLOT A, KINTYIIE, AND IN THE 8W1M OF THE SE1/4 OF SEC. 32-118-23 HENNBW county , MINNESOTA > -V" K; HOUttME MMTIAT/MMMtl 90 SCALE m feet I / / I / 1 •>i \ t ..L - V ^ \\ - \ r >\-r» \i i JmII, '/lit I T J / / / ~7- \v \ i \ \ t__L / / ; / I \ - - - I -f- / /KV/ Z / SO / i / // / / I." ..I ^ \ ^ /“?*• -«*. -^ / I 3sr u aS20 MHTERTOMN ROAD ood im -yAA I-yy whr 4 / »♦> t/A«ciunb \« reus S M|» •< 3.4S4. ACRES TOTAT 2.044. ACRES DRY 1.S74. ACRES SE OF Wl 0.334. ACRES NWOF VMEUAN 0.044. ACKS^VEnAWpI^IU^ / / ^ - J \ mtcim Kjc ■!' / / l_/_ J J J/'T - 7-- ^ ^ " FRNMT^ -V A ■) N t H r-- I /I I \ I \ 4- (0- 1 i V) '' i' m I I \ ' i'' I i\» \ \ \ w ____ ^ 4. MTt»«4U *«4 M • \ s ____ _____/ 3400 VWTERTCmN ROAD r 'ROAQ.'rc==JiE:r-l > F r t It y Date Applicalkm Received: 8>l7-05 Date AppUcatkNi CoaiMered as Complete: (Incomplete as of 9-IS-OS) (lacompicte as of 10>l3mS) 120-Day Review Period Eipires: NA To:Chair Rahn and Planning Commissioners Ron Moorse, City Administrator From: Date: Subject: Mike Gaffron, Planning October 13,2005 #0S'3152 Bohland Development, Inc. - Proposed Subdivision for New Lots - **35(X)” Watertown Road - Preliminary Plat CONSIDERATION OF REVISED CONCEPT PLAN 1 foperty Area:14.28 Ac. Dry 2.43 Ac. Wetland 16.71 Ac. Total Zoning District:RR-IB, 2.0-acre Single Family Rural Residential (2.0 ac. min., 200’ width min., unsewered) Application Summary: Applicant proposes to subdivide this 17-acre parcel to create 6 single- family residential lots. Under the revised plan, all six lots would be served by a new private road extending 700* northward from Watertown Road. All lots would be served by private septic systems and wells. The revised plan eliminates the SE building site near Watertown Road, and places all six homesites in the NW quadrant of the property, on lots ranging from 1.35 acres to 2.56 acres in dry buildable area. This proposal would be reviewed as a Planned Residential Development. NOTE: nb appUcoHon remains incomplete due to tack of septic testing and design reports, as noted to the applicant on August 24, 2005. However, it is being brought forward to the Planning commission as a revised Sketch Plan Review in order to consider the ^clustering* concept now proposed and identify significant issues which the applicant must address. List of Exhibits A - Narrative Dated October 10,2005 B - Revised Preliminary Plat Drawing and Grading & Drainage Plans C - Revised Plat Showing Wooded Area Impacts D - Revised Road Plan & Profile E - Notice of PC Action 9-26-05 F - PRD Code Standards O - Memo and Exhibits of 9-15-05 MOBM'. #05^152 October 13,200S Page 2 Revised Plan Requires Planned Residential Development (PRD) Approval Per the discussions at the September Planning Conunission meeting, the applicant is proposing a revised plat that places all six proposed residences in the northwesterly quadrant of the site. This plan preserves ^ditional areas of existing woodland as compared to the original plan, and preserves the open space character at the southeast comer of the property by eliminating the proposed residence at that site. All six lots will be served by the private road, with no separate driveway accesses to Watertown Road. In order to accommodate this layout, individual lot areas and widths have been reduced below the 2.0 acre area / 200 ’ width standards of the RR*1B District. However, the overall dry buildable area of 14.3 acres would calculate to a proposed density of 2.38 acres per unit. This proposal must be reviewed as a Planned Residential Development (PRD) per Zoning Code Sections 78-601 thru 78-609. Revised Lot Layout and Lot Standards Note that the intent of staff and the applicant was to retain the 50’ front/rear, 30 ’ side setbacks of the RR-IB zone, while making the lots more compact in area and width to allow for preservation of the long views from Watertown Road. Lot 1. Block 1 is at the NW comer of the property, set up for an east-facing walkout with septic sites at the rear comer of the site. This area of the property is an open field with long views to the east and southeast. The lot abuts the proposed cul-de-sac as well as the extension of the road corridor to the north boundary, and the house will overlook the cul-de-sac. The east half of the lot will be regraded in order to acconunodate the front walkout. Setbacks as depicted are appropriate and correct, except that the 50’ front setback should be carried around the ’temporary cul-de-sac ’ as if it were permanent, rather than being measured from the straight section of road corridc:.. Lot width is defined at 181 ’ - lot area is 1.47 acres. Lot 2. Block 1 is directly south of Lot 1. This lot is all open field. Proposed septic sites are in the west half of the lot. Fill and grading is proposed to allow for a driveway access at the north end of the lot, as the frontage along the private road gets much steeper heading south. Setbacks as depicted are appropriate and correct. The defined lot width is 180’ - lot area is 1.35 acres. Lot 3. Block 1 is south of Lot 2, Block 1, in a wooded area. Proposed septic sites are in the northwest comer of the property. Grading is proposed at the east and northeast portions of the lot to accommodate a driveway on steep slopes. A portion of the wooded area will be removed to accommodate the house, but still leave a substantial amount of woods along the south and southwest sides of the site. Lot width is 188’ - lot area is 1 .41 acres. In general, the three lots in Block 1 will have limited area for amenities such as pools, tennis or sport courts, outbuildings, etc. due to the smaller lot areas while still accommodating septic sites and the standard 2-acre zone priiKipal structure setbacks. Special covenants may be needed on these three lots to cheument the individual site limitations. . 1 '•Zf. * SI iV- MS-31S2 October 13,2005 Pile 3 Lot I. Block 2. at the north end of the site, allows for a rear walkout with minimal grading necessary to create a buildable pad. Septic sites are downhill to the east, with 2 possible drainfleld locations depicted. Setbacks as depicted are appropriate and correct, except that the 50* front setback should be carried around the 'temporary cul-de-sac* as if it were permanent, rather than being measured from the straight section of road corridor. Lot width is 181*- lot area is 2.19 acres dry plus 0.02 acres wetland. Lot 2. Block 2 is centrally located in the property, and is intended to be a rear walkout, with tong open views to the east. Septic sites proposed are downhill from the house site, on slopes appearing to be 12% or flatter. Setbacks as depicted are appropriate and correct. Lot width is 180* - lot area is 2.18 acres dry buildable plus 0.06 acres wetland. Lot 3. Block 2 has a proposed house location tucked into the northwest comer of the lot, to reduce impacts to the steeply sloped mature woods immediately northwest of the wetland. Due to the existing steep slopes (15-20%), relocation of the house pad from its prior proposed location further southeast, has allow^ for significantly less grading, and significantly less removal of trees as compared to the prior plan. The result is potential retention of more of the woods that provides a backdrop to the long views looking northwesterly from Watertown Road. Septic sites are located at the base of the slope just north of the wetland, and need careful review to ensure they will not impact or be impacted by the wetland. Setbacks as depicted are appropriate and correct. Lot width is 185* - lot area is 2.56 acres dry buildable, plus 0.59 acres wetland. Outlot B is 3.72 acres, including the southerly portion of the property most visible from Watertown Road. Outlot B will be commonly owned by a homeowners association, along with the private road, and is intended as an area for stormwater management and preservation of natural amenities in line with the City*s Conservation Design concept and goals. Storaiwater Pond The stormwater pond is being relocated to the base of the slope in the center of Outlot B, and if constructed correctly could function as an aesthetic and recreation amenity to the subdivision. The storm sewer system needed to serve the pond will have slight impacts on the woods, and judicious routing of pipes or swales could rtsult in preservation of most trees along those routes. The stormwater pond is proposed partially within the existing delineated wetland, and will require special City and MCWD approvals to allow this location; staff has preliminarily indicated support for this concept, based on the limitations of the site for other efficient ponding locations - wetland mitigation might be feasible at the southeast portion of Outlot B to make this plan more acceptable. An easement for the existing drainageway through the site was granted wlien the property was subdivided as a part of the ‘Kintyre* plat in 1983. Wetlands on the site will be subject to the standard Flowage and Conservation Easement as well as the City*s new buffer requirements. The entire property including wetlands will be subject to tivr standard Storm Water and Drainage Trunk Fee. koad I • r 1 M5-3152 October 13,2005 P»|e4 Road Layout and Standards The proposed road layout meets the corridor standards of a SO* road right-of-way and 100* cul- de-sac diameter. The access location onto Watertown Road is at the bottom of a vertical curve and at the inside of a horizontal curve, but is perhaps at the most viable location that will minimize impacts on the wetland in order to access the rear of the property. Applicant’s engineer should be asked to analyze the sight distance at this location. Signiflcant vegetation removal along the north side of Watertown Road may be needed east of the private road entrance to gain adequate sight distance, which can be an ongoing maintenance issue. Construction of the road will require significant grading as well as some wetland filling. Please also see the City Engineer’s comments in Exhibits H-1 and H-2 of the September IS packet. The road to be created will be private. There is no apparent need for additional right-of-way for Watertown Road, which is a City road. Because the property to the immediate north is developable, it is appropriate that the private road corridor continued to the north boundary of the property as presented, to provide fiiture road access to the neighboring property, with potentiid ’Hlirough ” connection to Stubbs Bay Road North in the future. Park/Trail Easements or Dedication Needed The Orono Comprehensive Trail System Plan does not show any future trails along this segment of Watertown Road. The 6 new lots would be subject to the standard 8% park dedication. It is likely that this will be in the form of a fee rather than land dedication, although this will be reviewed by the Park Commission. The residential Park Fee is currently established with a min- max fee of $32S0-$SSS0 per lot. Issues for Consideration 1. Is the PRD concept acceptable for this site? 2. Are the proposed lot sizes and widths acceptable in terms of a PRD proposal? 3. Does the layout address the City’s Conservation Design goals? 4. Are there aqiects of the plan that need fiurther refinement? Staff Rccmnmcndation This application was published for a public hearing as the developer intended to move forward; however, because the application remains incomplete (septic testing and designs have not been provided) Planmng Conunission should review the proposed PRD plat, identify for the developer >«diat issues are most critical to focus on, and receive public comments regarding the revised subdivision proposal. Staff would recommend that if Planning Commission is comfortable with the propo^ concept, the current proposal be forwarded to Council for review of whether Council will support the PRD concept at this site. If so, then applicant would be back before PC in November for complete review of preliminary plat documents. i it^ I'jii \ . \ r MEMORANDUM To: Mike GalDroo From: Steve Bohl Date: October 12,2005 Re: MacKinnon Hill Proposal, PreUminary Plat Application Following our last Planning Commission meeting we have made revisions to the proposed plan. We took into consideration the Planning Commission idea of “clustering” die lots thiu would create better locations for the house pads and maintain more trees and an improved view corridor along Watertown Road. This would also move the home site and access from Watertown Road to an interior lot up on the hill with access off of the new road. This change allows us to curve the road coming into the site that will create a more appealing streetscape. Oronberg and Associates has included with the revised plan a colored rendering showing the trees that will not be disturbed. This is a substantial improvement to the previous plan. There will also be a significant landsciqiing for the entrance to the site that will only enhance the qipeal of this area. The outlot area would become an area that would never be developed and left natural. A scenic easement or some other overlay could be established to preserve this area. We have engaged a septic test and design company to review the previous located sites and make any adjustments as necessary. I would like to request that if the Planning Commission approves diis preliminary plat application that we make a condition of the final plat to have the septic sites confirmed and qiproved prior to final plat. It is our hope that tte City Council alw is in fiivor of a “cluster” concept for this site. We appreciate your consideration of our proposed plan. The recommendations firom the Planning Commission have proven to be an imimivement to our previous plan. If you have any other questions please either Mark Oronberg or myself. !• 'f V. : A I LSWTMr. / V im^ 1111 ^\ f-"; N IS W ‘ T j^’T N ' I I ' * r'“ > 4 ^V^vayrM 4 ' ' ' V M,I ■ . H4kW, ! I I IV I I III! II f/ / MACKINNON HILL PWfl.HWMAHYKATroW BOHLAND DEVELOPMENT or ouaor A, taMTYM, AND M TNi •WIN or YMIM1MOMIO. MMIMt !■>—rWCOtWri.Mit MOTA m '3<’ .’» ' ■k \ I 4iJ^ rrJ- T j meek /-y y. r\’ \ > f------- \ \ \ \ \ N V ^ *^1 "» -1 ^1 ^ V \ \ f -.<!'%. \1 ll'i MACKINNON HILLranjuiNAiiv PLAT ran BOHLAND DEVELOPMENT OPOUnjOTANMTYNi.ANDMTMi WMM OP TMI«1M OP MC. 8M1MS T / ✓! lip "U MMO M fwr Ii--fc ^mJU i»r ■.■■■■:• -.I'U '•• .•^.‘v^•;^:’ n ■n''. fmmm Li ClrVOPORONO 2750 Kdlcy Parkway P.O. Boi 66 Ciyatal Bay, MN 55323 (952) 249-4600 ZONING FILE: ^^05-3152 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 26,2005 TO: Bohland Development, Inc. 1844 Wayzata Bivd. P.O. Bex 815 Ung Lake, MN 55356 COPIES: James MacKinnon 2430 Meeting Street Wayzata, MN 55391 TYPE OF APPLICATION: Preliminary Plat - residential Subdivision DATE OF MEETING: September 19,2005 Plaaoing Commissioii recommended as follows: Because the an>lication was incomplete. Planning Commission chose to provide direction as if this was a sketch plan review, and tabM the application, with the following recommendations: - Consider a **cluster** development concept for this site - Tree survey will be critical to the review - Applicant should follow ‘Conservation Design ’ principles in locating homesites, road, etc. for this site to retain the open rural character and the long views from Watertown Road to the wooded backdrop - Elevation view depictions of the long views from Watertown Road s' be provided VOTE(totMe): 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Pfawning Commission - Monday, October 17. 2005 - meeting begins at 6:00 p.m. Please submit new information at least one week prior to the October 17 meeting to allow for review. 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 Planning Director Mike Gafifton at 612-249-4600. I- f' . I I I nWam i n ii n J m F /'VlTi ZONING REG^lAnONS {78^ DIVISION 10. PRD PLANNED RESIDENTIAL DISTRICT See. 78401. PurpoM. This plan is available to land subdividers sub­ ject to council approval, as alternative to stan­ dard minimum lot size subdivision of land. The purpose of this plan is to enhance the appearance of nei^borhoods throu^ preservation of natural open spacee, to counteract the effects of urban congestion and monotony, to provide cohesive structure to neighborhood design, to offer recre­ ation opportunities close to home, and to aid in improving the welfare in general of city residents. (Code 1984, 9 10.32(1)) See. 78401. Submlnion of plans. Landowners may submit land subdivision plans for any R district without adherence to minimum lot rise requirements for each building lot, pro­ vided that the total number of building lots or dwelling tuiits shall not exceed the number of such lots or units permissible under the minimum lot size requirements of the zoning district or districts in which such land is situated. (Code 1984, i 10.38(8)) Sec. 78408. Coiinoil diseretion. Dwdling units permitted may be, at the discre­ tion of the council and subject to the conditions sot forth by the council, in detached, attached or midtiple-family dwelling structures, subject to the limitationa provided for in each zoning dis­ trict. (Code 1984, i 10.32(3)) See. 78404. Open space. The dedication, ownership, use and mainte­ nance of open spaces created by the application of a planned reri^ntial development shall be sub­ ject to conditions deemed necessary by the council to assure the preservation of such open spaces for their intended purpose. (Code 1984, 9 10.32(4)) Sec. 78405. Dedication of open space. The dedication and ownership of the open spaces referred to in section 78-604 may be through: (1) Homeowners' association; (2) Landlord maintenance; (3) Special service district; (4) Municipal ownership; or (5) Any other method deemed appropriate by the council to acc(Mnplish the purposes of this plan. (Code 1984, 9 10.32(5)) Sec. 78406. Site plan. The proposed rite plan, including location, spac­ ing and basic design of proposed buildings, street and parking plans, water and sewer (public or private) plans, and plans of open space available for park or recreational purposes shall be submit­ ted for approval by the planning commission and the council. (Code 1984, 9 10.32(6)) See. 78-607. Hearings. The council may direct that a public hearing be held to review plans governed by this division. (Code 1984, 9 10.32(7)) Sec. 78-608. Final approval. Final approval of plans governed by this divi­ sion shall not be granted until all conditions set by the council are met, and, further, the council shall not approve any such planned residential development prior to the legally binding estab­ lishment of the <q>en space dedication, ownership and maintenance provisions, such provisions to be guaranteed by bonding or other means satis­ factory to the council. (Code 1984, 9 10.32(8)) Sec. 78-609. Subdivision requirements. All provisions of subdivision procedure estab­ lished by chapter 82, except as modified in this division, shall govern applications under this plan, ((fode 1984, 9 10.32(9)) CD78:109 1 r Date Application Received: 8-17-OS Date Application Considered as Complete; (Incomplete as of 9-IS-OS) 120-Day Review Period Expires: NA -a A- To;Chair Rahn and Piamiing Conunissioners Ron Moorse, City Administrator From:Mike GafTron, Planning Director Date:Septembei 15,2005 Subject:#05-3152 Bohland Development, Inc. - Proposed Subdivision for New Lots - “3500 ” Watertown Road - Preliminary Plat Property Area:14.28 Ac. Dry 2.43 Ac. Wetland 16.71 Ac. Total CcV Zoning District: RR-lB,2.0*acre Single Family Rural Residential V•/( '• ' (2.0 ac. min., 200* widtli min., unsewered) 'V -------------------------------------------------------------------------------------ttr^ ■ ». V' i-C. Application Summary: Applicant proposes to subdivide this 17-acre parcel to create 6 single­ family residential lots. Five of six lots would be served by a new private road extending 700 ’ northward from Watertown Road; the sixth lot would access directly to Watertown road. All lots would be served by private septic systems and wells. NOTE: This applictUion remains incomplete due to lack of septic testing and design reports, as noted to tite applicant on August 24, 2005. However, it is being brought forward to the Planning commission as a Sketch Plan Review in order to identify significant issues which the licant must address. List of Exhibits A - Application B - Preliminary Plat C - Grading Plan D - Storm Sewer Plan and Profile E - Road Profile F - Incomplete Notice 8-24-05 G - Excerpts from Wetland Delineation Report H - City Engineer Comments: 1) General Comments 9-6-05 2) Drainage Calcs Review 9-8-05 I - Plat Map J - Property Owners List K - Airphoto of Site L - Photos from Site Perimeter M - Depiction of Woods Eliminated by Proposed Grading Plan W - Excerpts from Rural Oasis Study '1= Mm ^ m :I; • p ms-3152 September IS, 2005 Page 2 SKETCH PLAN REVIEW Conformity to Zoning District and Community Management Plan (CMP) The proposed subdivision is in conformity with tlie guiding of this area for single family rural residential development at a density of 1 unit per 2 acres. The proposed development generally conforms with the 2.0 acre dry-buildable, 200’ width standards of the RR-IB District. Relationship to Surrounding Development The proposed single-family development with 2-plus acre lot size is consistent with existing developmment in the surrounding neighborhood. Developed two-acre single family lots exist west and soutlieast of the site. Tlie property to the immediate north is a larger parcel with a single-family residence; the property to the immediate east of the site is developed with a residence near Watertown Road, and open land including substantial wetland to the rear. General Site Characteristics The site includes an open slope down to a wetland and intermittent natural drainageway that traverses the front 1/3 of the property flowing from the west boundary to the east border. Behind the wetland, the property rises steeply to the northwest on wooded and open slopes. Steep southeast-facing slopes contain fairly defined areas of dense woods and open fields. Long views into the site from Watertown Road have been identified in the Rural Oasis Study as significant with a positive “key view terminus ” (open area with a wooded back edge), and should be preserved. Lot Layout and Lot Standards Lot 1 . Block 1 is at the NW comer of the property, set up for an east-facing walkout with septic sites at the rear comer of the site. This area of tl:‘ property is an open field with long views to the east and southeast. The lot abuts the proposed cul-de-sac as well as the extension of the road corridor to tire nortli boundary, and the house will overlook the cul-de-sac. The east half of the lot will be regraded in order to acconmiodate tlie front walkout. Setbacks as depicted are appropriate and correct, except that the 50 ’ front setback should be carried around the ‘temporary cul-de-sac ’ as if it were permanent, rather than being measured from the straight section of road corridor. Lot 2. Block 1 is directly south of I^ot 1. The northerly half of this lot is open field, the southerly half is heavily wooded, having been part of the adjoining property at 3520 Watertown Road until a recent lot line rearrangement. Septic sites are in the open area in the NW quadrant of the lot. Minor grading is proposed to allow for a driveway access at the north end of tlie lot, as tlie frontage along the private road gets much steeper heading south. Setbacks as depicted are appropriate and correct. M0S-31S2 September IS, 2005 Page 3 Lot L Block 2. at the north end of the site, allows for a rear walkout with minimal grading necessary to create a buildable pad. Septic sites are downhill to the east, with 3 possible drainfield locations depicted. The SW comer of the lot abuts the cul-de-sac, with the lot’s west lot line along the extended road corridor. Setbacks as depicted ate appropriate and correct. Lot 2. Block 2 is centrally located in the property, and is intended to be a rear walkout, with long open views to the east, overlooking the proposed stormwater pond. Septic sites proposed are downliili from the house site, on slopes appearing to be 10-15% or greater, which wilt need careful analysis. Setbacks as depicted are appropriate and correct. Note that these northerly 4 lots have proposed house locations that are well-screened from view from Watertown Road by the existing wooded areas to the northwest of the wetland. Lot 3. Block 2 has a proposed house location within tlie steeply sloped mature woods immediately northwest of the wetland. Due to the existing steep slopes (15-20%), creation of a house pad at the proposed location will require massive grading, significant removal of trees, and result in finished slopes of about 40% facing Watertown Road. Construction of a house at tliis site will result in a significant reduction of the woods that provides a backdrop to the long views looking northwesterly from Watertown Road. Septic sites are located at the base of tlie slope just north of the wetland, and need careful review to ensure they will not impact or be impacted by the wetland. Setbacks as depicted are appropriate and correct. Lot 4. Block 2 has a number of issues that suggest it has questionable viability. First, the dry buildable contiguous area SE of the wetland is 1.67 acres, not meeting the minimum contiguous 2-acre requirement established in the Subdivision Code Section 82-2. Second, the proposed house site is located at the most southeasterly corner of the lot, tucked up against the front and side setbacks, in a location that will tend to block the dramatic long views the Rural Oasisi study contemplates protecting. Third, the septic sites appear to be too near the side lot line and the alternate site is oddly shap *.d. Fourth, in order to make the driveway functional, it parallels the fix)nt lot line for 200* before it enters Watertown Road, in order to maintain a driveable grade and allow for a flat apron in front of the garage. This driveway requires a retaining wall approaching 10* in height just outside the required wetland buffer. It may also be that this driveway access location is needed to gain acceptable sight distance. The City would normally require that all lots in a subdivision be served with driveways from the new local road rather than from the arterial (Watertown Road is defined in the CMP as a Minor Arterial"). Lot 4 is proposed to access directly to Waleilown. Tlie alternative would be to create a driveway connection across the entire width of Lot 4 to connect with the private road. This would necessarily involve impacts to the wetland buffer area. However, adding another driveway to this particularly difficult stretch of Watertown Road (winter icing problems have been an issue for decades) should be avoided if possible. rn f M05-3152 September IS, 2005 Page 4 lljiid Layout and Standards The proposed road layout meets the corridor standards of a 50' road right-of-way and 100' ciu de-sac diameter. The access location onto Watertown Road is at the bottom of a vertical curve and at the inside of a horizontal curve, but is perhaps at the most viable location that will minimize impacts on the wetland in order to access the rear of the property. Applicant’s engineer should be asked to analyze tlie sight distance at this location. Significant vegetation removal along the north side of Watertown Road may be needed east of the private road entrance to gain adequate sight disu see, which can be an ongoing maintenance issue. Construction of the road will require significant grading as well as some wetland filling. Please also see the City Engineer’s comments in Exhibits H-1 and H-2. Park/Trall Easements or Dedication Needed The Orono Comprehensive Trail System Plan does not show any future trails along tliis segment of Watertown Road. The 6 new lots would be subject to the standard S% park dedication. It is likely that this will be in the form of a fee rather than land dedication, although this will be reviewed by the Paric Commission. The residential Park Fee is currently established with a min- max fee of $3250-$SSS0 per lot. Road Improvements and/or Easements Needed The road to be created will be private. There is no apparent need for additional right-of-way for Watertown Road, which is a City road. Because the property to the immediate north is developable, it is appropriate that the private road corridor continued to the north boundary of the property as presented, to provide future road access to the neighboring property, witli potential ’’through" connection to Stubbs Bay Road North in the future. Stormwater and Drainage Improvements and/or Easements Needed The proposed development will 'oe required to provide stormwater management systems including ponding. A stormwater pond is proposed near the east end of Lot 3 , just above the wet.und, and a lengthy storm sewer is proposed leading from tlie SW corner of tlie property to the pond, in order to collect storm drainage from the entire private road. An easement for the existing drainageway tluough the site was granted when the property was subdivided as a pan of the ’Kintyre* plat in 1983. Wetlands on the site will be subject to the standard Flowage and Conservation Easement as well as the City’s new buffer requirements. The entire property including wetlands will be subject to the standard Storm Water and Drainage Trunk Fee. iffMi -t f .tv .■ifV:--: •V- vv ■-. ms-3i» September 15,2005 Pege5 Woodland Impacts & Conservation Design The developer should be advised to make himself famiHar with the City’s proposed Comp Plan Amendment with regards to Conservation Design, as this property is being reviewed in terms of the Rural Oasis goals and policies soon to be formally adopt^, with ordinance requirements to follow shortly. Planning Conunission should consider whether a clustered development in the north half of this property might be a more appropriate method of creating building sites. Clustering could preserve the long views from Watertown Road, and eliminate the need for an additional driveway access point. Septic system viability may be a limiting factor for clustering; however, a reduction to 5 lots and or perhaps splitting off the SE comer of the property for acquisition by the neighbor at 3400 Watertown, could be possibilities... Staff Recommendation This application was published for a public hearing as the developer intended to move forward; however, because the application remains incomplete, Planning Commission should review the proposed plat, identify for the developer what issues are most critical to focus on, and receive public comments reguding the proposed subdivision. Tabling until the application is complete would be in order, and advise applicant of any additional information that Planning Commission considers necessary to this proposal moving forward. V •• •• • ■ •.■ a;-: aaa Mi’-.-: iv.'v-:? A-.m '■V »* ■ ■ 1^I ■■msTnitirii J I City of Orono Subdivision Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Application# DaleReceived: Amount Paid: li'Al-V'i Renewal: ^iiSo^; Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. Staff: Fee: ^?j)F-oo ^ PROPERTY INFORMATtQK: Site Address: ur^;. f A ^QrS»S CV Property identification Number (PIN): 3D. CO( \_________________ ^Attach legal description to application if not included on the survey.) Date Property Acquired (month/year):________□ Abstract or □ Torrens, please check one ^resent use of property: □ Residential □ Other ________________________________ Zoning District: _____________________ APPLICANTJNFORMATION: (Complete legal names and marital status required for each interested party) Name: Phone (home): oVsC<*-^J t j .D.-VV <• >______^4 »'8’“ ^«i>C^ c/ ?:\Phone (work): c:<»cf f Address: W Atuo.1 O.O. ftov 6<.fcc- grsr:AVfl ^mail: . t'ttiMt Fax: _____QO«:t UtfVNER INFORMATION: (Complete legal names and marital status required for each interested party) —4c. iName:■^Qbs A \fc.\ Phone (heme): Cf f______ Phone (work): .—._____________ Address: ____LOc^'g ? / Email: _______/^Or\.g_ 3 ^ EXISTING LAND USE: Number of Tax Parcels: Development Size; f g-y Acres Dry Land Acres Wet Land /(^.*7 / Acres TOTAL, all parcels Present Use (check one) Present Zoning District □□Residential; Number of Units: ^ Other (Specify) __________ 1 > •« Proposal: □ Division for Tax Purposes ^ Lot Line Rearrangement Only (no new building sites) D Subdivision for New Building Sites Number of Building Sites i oosed Gross Density .irnum Lot Size Proposed Use (check) Existing Units New Units Total Units . Units per /C» i“7 ( Acres ^.7*^ *^loT • I.s. ft. ^Square Feet Dry Buildable Land Residential □ Other (specify) -10- #/ S ls -------V »■ ♦* • f Z j ( ' J \ tMIMUM MATERIAL REQUIRED FOR COMPLETE PREUMINARY APPLICATION Payment of fees (refer to "application fees" listed below). !. Completed application form. I. Preliminary plat Information on Certificate of Survey. ... ^ aCertified Property Owners List of owners within 350* (you must obtain this list from Hennepin Coi'nty Department of i. QoiitH teleohone 6t2~348*S910).Finance, Gowemment Center, A-603 300 South 6"* Street. Minneapolis, telephone 612-348-5910). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. IINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION I. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable). i Signed Certificate of Survey or mylar copies of formal plat. ). Title opinion. 1. Easements, covenants, etc. ). Developers Agreement and Letter of Credit. PPLICATION FEES (Zoning Administrator to check (XJ those which apply) .. Application Base Fees: Sketch Plan Review (Class I, II & III) $350.00 __Subdivision of a Lot Line Rearrangement $600.00 Subdivision Application (Class I 8i II) $600.00 TOTALS ^ Preliminary Subdivision Applicatiori $750.00 + $30.00/iot (Class III & all non-residential) "k C* __ Final Plat Application (Class III) $250.00 Legal Review and Filing: ____Subdivision only $140.00 Subdivision w/easements and covenants; minimum $280.00 * any additional costs Park Fees (to be determined per Section 82-227) Legal and Engineering Review Fees (as Incurred) Renewal of Class i. II, & III Subdivision and of a Lot Line Rearrangement Application $300.00 I. Special Improvement Fees: - y Proposed Private Roads $350.00 + $.50 per lineal foot: lln. ft. x .50 = $_±7S Proposed Public Ruads $950.00 + $.50 per lineal foo';_____lin. ft. x .50 = $____ Request for City to Accept Existing Private Road $950.00 Proposed Sanitary Sewer Main Extension $275.00 $25/stub Proposed Watermain E;(tension $275.00 * $2S/stub Proposed Storm Sewer System (excluding culverts) $250.00 > On-Site System, Site Evaluation Review (applicable to rural subdivisions) $60/per lot x new lots Flexible Application Fees/Miscellaneous Fees __Variance $800.00 Vacation of Public Road $75 per benefiting property ($600 minimum per application).- Easement Vacation Associated with a Subdivision $100.00 __PRO Application viith Subdivision $35.00 per dwelling unit •• • TPrnVL $2-2.— *he applicant hereby agrees to provide all information required or requested by Planning Department staff. City Engineer, City Attorney, Planning Commission and Council necessary to process this tpplication and further agrees to pay all a^l^itignaliees established by ordinance. Applicant’s Signature: Twner ’s Signature: igrees to pay all additionaliees established by ordinance. ^ --------------------------- Date: 1 fo^ c Vpplicant must have all submittals Into the City office 25 days before ihe Planning Commission neeting. Planning Commission meetings are held on the third Monday of each month. Applicants nust be present at all scheduled review meetings of the Planning Commission and Ccuncil. If an ipplicant is unable to atterid a scheduled meeting, please make arrangements to have an authorized igent attend in your place and to advise the City Planner assigned to your project of this change prior O 1. . «r% A.-11 ■Modi EMiSssMiasa ■■■ .,-s:0 ■' . ■.,:«: : •-•.. .| I ■ . .•• ^■';t:-.-^:- ,‘vVev •/■ &r'<: --. mmmm .y ;;:j?1 •"Mii ■'■•A--:- MACKINNON HILL imaJMlHAflV PLAT FOR BOHLAND DEVELOPMENT OF OUTLOT A, KINTYRe, AND IN THE EW1M OF THE 8C1M OF aCG. 12-11M3 mmwm county, iennesota -*t«n raanTV^tAfr-a‘««trTrfrrm <,v t *•'• •• . .-■■?• .’ /. >•- > :■ V*-' ■ : .' •'-■>: : '- ' ^='- ■ -...-, -• . •.. .- . . Kt %■ ■■ , ■■ ■ :r'' / :.. ■ -vO' -^ 'i# ""’C•rww-* MACKINNON HILL ORAOWOnANKm BOHLAND DEVELOPMENT OP OUTLOT A NNTYNl, AND M THE MMM OP THE II1M OP SfC. S2.11M> ^ //. i'Uj^'.^yl K'y^y -vr / 1o. SOBP &r- 7 "'f'li'n .a:yv;-y ;/ / .\ / I n / • ^ si'.v ’’ •CME M mr ''' im^l !■ I .(Tbk^aAAil MACKINNON HILL STORM SI^WPR Pt AM A DDnciiSTORM SEWER PLAN ft PROFILE^ijv^ f /. / '7>aj /// IhvM ^ ^ —’R-v:>^—•R'-VC-V’ - yy;m^ij / z ✓ \ ■■■i::s:::::t}}:-J: .«7J0i :;:::::j;::;;::y::: »•••••*•I:::::::......I*. •.•.*.•.*.*. gfiQi::;:i:i jinmiSi f If ........?:::•*• t::> 200 SCALE IN FEET oz W|2 o>5 (/) 5 - ill O!#’o;a!oilz w ] gs;o 9 I ! !< l\ \\f flMr' : • i:.:- t;. .., :- v.'V -.-iV ; ^ 4! If it.. i%ji- m:.iMif' <- ‘ ■■ MACKINNON HILL MACKINNON DRIVE PROPOSED ROAD PROFILE SOL* M *EET •T (K,'^ ■■ 9 f \/.. ■ 'ff "^15g|32-5s ON. oSiw (O ^11 OS a: UJ CD z«zoggs*o /N I MiaBUUiM baCBtflKi p fo, o■"X CITY of ORONO Municipal Ofliccs Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 August 24,2005 Bohland Development, Inc. 1844 Wayzata Blvd. PO Box 815 Long Lake, MN 55356 James MacKinnon 2430 Meeting Street Wayzata, MN 55391 Re: Application #05-3152 (“3500” Watertown Road) - Status Notice Gentlemen: The City of Orono is required to notify you witliin fifteen (15) business days of your initial application as to the status of your request for preliminary plat approval. The qiplication is considered as incomplete, and the 120-day review clock has not started. Deadline for submittals to allow this to bt considered as a complete preliminary plat application on the Sqrtember 19, 2005 Planning Commission agenda is Friday, September 2,2005. The following additional information is required in order for your preliminary plat application to be considered as complete: 1. Site evaluation report and design for septic system drainfield for each lot not served by sanitary sewer. Primary and alternate sites sized for a 5-bedroom home are require d for each lot. The only information provided to date is a set of soil boring logs and proposed sites shown on fhe site plan. Perc test and system design information is lacking. Additionally, the survey must indicate the location of neighboring septic systems and wells within 75’ of the property. Copies of the system records for the pioperties at 3465 and 3520 Watertown Road are enclosed for your reference. 2.The existing wetland extends outside the proposed lot boundary at the west end of proposed Lot 4. Tliis non-contiguity is a potential issue since each lot must have 2.0 acres of dry- buildable area contiguous with the house site. Your proposal to create contiguity by filling wetland is a potential issue. Please indicate separately the areas of dry buildable land southeast of the wetland and that northwest of the wetland, on the preliminary plat drawing. Tdcpiioae (952) 249-46M • Fax (952) 249-461« I I I I'Vf m *■« V Vlf ^ “3500 ’* Watertown Road August 24,2005 ^ Page 2 STf Your submittals to date have been forwarded to the City Engineer and the On-ate Systems Managw for review and comment. As our review continues, we will contact you if additional information is required. Please note ttiat absent timely submittal of the requested information, this item will be reviewed as a Sketch Plan at the Sq)tember 19 meeting. I will be out of town until September 6. If you have any questions, please contact me upon my return. Michael P. Oaffion Planning Director cc: Tom Kellogg, City Engineer Willie Gibbs, On-site Systems Manager end. ir ■n: i ■liz ■^]-J li;1 SVOBODA ECOLOGICAL RESOURCES Ptovldlog the Sh»tper Edge in NMturat Resources Sc Bnvironmenta! Consulting August 4, 2005 Mr. Marie Orouberg Oronberg & Associates 445 North WUlow Drive Long Lake. MN 5S356 RE:SER Project Name: Mackinnon Parcel - Orono SER Project No: 2005-308-03 Pn^ect Location: The SB V4 of Section 32, T118N, R23W City of Orono, Hennepin County, Minnesota Project Description: Wetland Classification, Identification, Delineation, & Staking Services Dear Mr. Oronberg, As requested, Svoboda Scological Resources (SER) visited the above referenced property on July 15, 2005 to examine the site for the presence of areas meeting wetland criteria. Criteria for determining jurisdictional wetlands are as described in the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual (1987 Manual) as required by the Minnesota Wetland Conservation Act. Wedand Definition According to the 1987 U.S. Army Corps of Engineers “Wetlands Delineation ManuaT’ (1987 Manual; the document used by all delineators to define wetlands) a wetland is 'Those areas that arc inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." The Minnesota State Wetland Conservation / ":t Rules, Chapter 8420, further clarifies that"... wetlands must: (1) have a predominance of hydric soils; (2) be inundated or saturated by surface water or groundwater a^ a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) under normal circumstances, support a prevalence of hydrophytic vegetation.” The l''S7 U.S. Army Corps of Engineers Manual in i»art II, item 24. states that, 'The interacUon of hydrology, vegetation, and soil results in the development of characteristics unique to wetlands. Therefore, the following technical guidelines for wetlands are based on the three parameters, and diagnostic envircnmental characteristics used in applying the technical guideline are represented by various indicators of these 2477 Sh«d)'WOod Road • Excelsior, MN 55331 (952)471-1100 • (952) 471-0007 (Fa.s) (S 11 f f I5? I r parameters.” It is this premise by which SBR staff has, in their professional judgment, delineated the wetlands on the subject parcel described in this report. SITE DESCRIPTION The subject parcel is approximately 16.68 acres consisting of open grassy meadow, lowland m^h, and scattered northern hardwoods. No structures lie within the parcel. TTie topography of the site is described as rolling with significant elevation changes throughout the parcel, the northwest portion of the parcel being the highest in elevation. Watertown Road borders the parcel to the south (See Figure 1). The land-use in the surrounding area consists of single-family homes and open to forested lots. METHODS The methods used to delineate the subject parcel are as described in the 1987 Manual, under the “routine” methods for sites greater than 5 acres. This methodology is followed in order to assess whether the three parameters of a wetland are met for areas on the subject parcel. The three parameters required under normal circumstances in order to delineate a wetland are described below. j:w A.Wetland Hydrol< _ The most important wetland criterion is hydrology. The presence and persistence of water influences the vegetation types and changes soil morphology. Hydrology may be observed as standing water (inundation), or may be observed as freestanding water within the soil pit or auger hole (saturation) usually witliin the upper 12 inches. This is what would be considered primary hydrology indicators. Only one primary indicator is necessary to make the determination that wetland hydrology indeed exists. The 1987 Corps Manual also has a range of hydrologic zones established based on period of inundation or saturation. These zones and the periods of inundation or saturation for each can be observed in Table 1 below. Zone Name Duration Comments Wetland or Not I Permanently Inundated 100%Inundation >6.6 ft. mean water depth Not (Aquatic Habitat Zone, or Deep Water Habiut) II SemipermanenUy To Nearly Permanently Inundated Or Saturated <73- <100% Inundation deHned as ^.6 feet mean water depth Wetland III Regularly Inundated Or Saturated >25-75%Wetland IV Seasonally Inundated Or Saturated <12.5- 25% Wetland V Irregularly Inundated or Saturated >5-12.5% Many areas having these hydrologic characteristics are not wetlands Wetland (if hydrophytic veg. and hydric soils also present VI Intermittently Or Never Inundated Or Saturated <5% Areas with these hydrologic chisracteristics are not wetlands Not Svoboda Ecological Resources Project No. 2005-308-03 Mackinnon Parcel Gronberg & Associates i The definition of appropriate hydrology according to the 1987 Manual includes two important temu that must be clarified. First, the definition of a growing season is needed, llie growing season is defined in the 1987 Manual as; "...the portion of the year when soil temperature (measured 19.7 inches below the surface) is above biological zero (5* C or 41* F)." According to the 1987 Manual this period of time can be {approximated by using the "starting and ending dates for the growing season based on a 28* F air temperature threshold at a frequency of 5 y^ in 10.” Based on this definition the growing secison nuiges approximately 160 da3« to 180 days in the Minneapolis/SL Paul metropolitan area (160 in the northern suburbs and greater to the south). Therefore, the required inundation or saturation to the surface for 5% of the growing season would be 8 or 9 consecutive days that ground water would need to be at the surface or saturated to the surface. The second term in the appropriate hydrology definition from the above paragraph to be clarified is "in most years". This means in 5 of 10 years hydrology must exist within a "jurisdictional wetland" for the 8 or 9 consecutive days of the growing season. This means that one observation date or even one whole year worth of detailed hydrology data may be deemed insufficient to determine if appropriate hydrology exists at a given location. In the event that precipitation events accumulate to above or below normal during just prior to a site visit or during a more intensive hydrology study, the data may be confounded by non-normal circumstances and may be considered outside the bounds of "most years ”. Ideally, both antecedent soil moisture conditions and precipitation would be norma! during ail delineations. However, this is not a realistic impression of climate. Therefore, primary indicators of hydrology must be reviewed with semtiny prior to determining if hydrology indeed exists. Wetland hydrology may be observed as standing water (inundation), or may be observed as fieestanding water within a soil pit or auger hole (saturation) usufdly within the upper 12 inches. This is '• 'lat would be considered primary hydrology indicators, lamination of this indicator requires digging a soil pit to a depth of 16 inches and observing the level at which water stands after sufficient Ume has been allowed for water to drain into the hole. The required time will vary depending on soil texture. This level represents the depth to the water table; the depth to saturated soils will always be nearer the surftK» due to the capillary fringe. According to the Hydrology criteria in the 1987 Delineation Manual, for soil saturation to inqiact vegetation, it must occur within a major portion of the root zone, typically within 12 inches of the surface. Only one primary indicator is necessary to make the determination that wetland hydrology is present. However, since a single observation is not enough evidence, based on the percentage of the growing season this inundation or saturation is required, these data arc only valid when reviewed while also considering the abundance of recent precipitation events or the seasonal trend of climate when the site visit was made (this may be done through review of precipitation records where available). In addition to the primary Indicators of wetland hydrology, there arc secondary indicators (e.g. oxidized root channels, watcr-sUuued leaves, loral soil survey data, FAC-Neutral test), of which two must be pre-rnt to consider the sample poi;:t as having wetland hydrology. Svoboda Ecological Resources Project No. 2005-308-03 Mackinnon Parcel Gronberg & Associates II. •llll till -iiriirti [tut rriT‘-€(ij rimiBI MS »1: MMt ml MltV/ill •JiffiJll »I* iltitirtf: liWiI ririf^Diii t> •iMlill tMIt f:Ti]fiTi■ CiBWiI liT^rwiiKi rifiTFi [•p.lWtBi •rtiiifTirt a-v:-.. -K t)f^.^i:^|J.«f}M)tllWtI:ilWtf)ltlF: Ilf. f Mft Itli^ riV/f :TiTt ihlHliri Hl:tt)ttWlhW;UriTfl il :rtl:1tKi^il(f rtiwarart]»wt ^•rtTrtniT^daiii^ • ^7tUiKU% \tit I *rtw,iiii«iri n :k •• •'■ iliH Hi ft f fit :TfTtI lit W: (•]f:ft) •K1M(t ii:iiiii I iTii •Kt)f liTtirtf: Ct iiWt WKUIH Tf tTt^|Y:T:1 ffl <df»MtTf ,UrtI tjt 4liT*ifTitKil%7 •:-!rirt iKft rav J rtyti^^t i ¥] «MrnR^KiJWIiT^v/q rifTiri^rrrr^Tn Wi M t tWKWtft llT-IHff :ntl« -^ft I imi |T4 r:TiT« tJift fi<t •:tTUf;ri «• fllli' tltltliMltr rtitmtriirt] CtriiifTc wtiiiii tT^tTi^4liaCf RTiTik-Wr :ifitinc^-riict^ riKfriTinfrii t) lIVcltTI »:TiTt ■ I Vi t fFil M rtiiTt ^actsiTiiFaiiti wiiKmwmrt ■ iVTinili ii itjf iirt».i:Tiirtiri»trin tHi.ltl rti»tit] Wifi :iai]fMi]t](jrfH«»ntTti iHwatif tl^dllllTfVil [tlfJlWi ^llt tMiTil tlfTtlil L»jiit:-ii'«. Wetland boundaries were marired at the site by blaze-orange “wetland boundary ’’ flagpog attached to 4-foot wooden lath. Where vegetation was dense, to assist in locating the flaggcd^th (wetland edge), a second piece of flagging was attached to a nearby tree or shrub branch. The wetlandecgeJi a secona picco ------ ------ ^, i boundary ” is considered to bo the topographically highest extent of the weUand basin; are^ below the staked boundary met the three required wetland criteria while areas above were lacking in one or more of diese criteria Wetland classification followed methods described by Cowardin et al. (1979) and in the NWI (e.g. PEMB, PSSIC, etc.), completed by the U.S. Fish and Wildlife Service. The Circular 39 classification (Shaw and Fredine 1956) is aUo given (e.g. Type 1, Type 2...etc.). The indicator status of plants, as described in Appendix B, was determined using the National List of Plant Species That Occur in Wetlands - Region 3 (Sabine 1999). RESULTS AND DISCUSSION BackgroundIr^rmation-(Office-Based Investigation) . . .. The NWI map (Excelsior Quadrangle) illustrates one wetland basin (Pig|i*- 2) within the subject parcel. The wetland basin is classified as palustrine (P) type wetland exhibiting emergent vegetation (EM) with a seasonally flooded hydrologic regime (C) partially drained or ditched (d), or a Type 2, PEMCd wetland on the NWI map. The Soil Survey of Hennepin County, Figure 3, indicates six soil series present on the subjTCt property. These soil series are: Glencoe, Hamel, Kilkenny, Klossner, Le Sueur, and L^ter (Sm Figure 3). The Glencoe, Hamel, and Klossner soil series are classified as hydric soils (SCS Hydric Soils of the United States), and are illustrated with blue crosshatching on Figure 3. Soil series descriptions are given in Appendix C. The Minnesota Department of Natural Rerourew, State Protected Waters Msq) (Public Water Inventory), indicates no protected water bodies within the subject parcel (Figure 4). SBR personnel examined the subject property for areas meeting jurisdictional wetland criteria during the site visit. One wetland meeting the jurisdictional criteria of a wetland, for which a boundary was determined and delineated, was staked. Detailed soils, vegetation, and hydrology data for the delineated wetland is provided in the data sheets of Appendix A. WeUand 1 Upon completion of the wetland delineation it has been determined that Wetland 1 is a Type 2, palustrine (P) type wetland exhibiting emergent vegetation (EM) and a seasonally flooded hydrologic regime (Q partially drained or ditched (d), or a PEMCd wetland. The northeast area of Wetland I is dominated by Type 2/6/lL, palustrine (P) type wetland exnibiting broad-leaved deciduous scrub- shrub and forested vegetation (SSl/FOl) and a seasonally flooded hydrologic regime (C) partially drained or ditched (d), or PEMC/PSS 1/FOlCd wetland. Wetland 1 passes diagonally through the central portion of the parcel (See Figure 5). Svoboda Ecological Resources Project No. 2005-308-03 Mackinnon Parcel Gronbetg & Associates : .1 ! i .t r- . ■ The central portion of Wetland 1 is dominated by open emergent vegetation, mainly reed canary grass (Phalaris arundinacea, FACW+), red top (Agrostisalba, FACW), prairie dogbane (Apocynum sibiriciun, PAC-f) and various sedge meadow species. The northeast portion of Wetland 1 is dominated by scrub-shrub and forested vegetation such as willow (JSalLx), dogwood {Comas), common buckthorn {Rhamnus cathartica, PACU), box elder {Acer negundo, FACW-), various northern hardwood species and a mix of woodland herbaceous vegetation such as clearweed {Pilea pumila, FACW), wood nettle {Laportea canadensis, FACW), jewelweed {Impatiens capensis, FACW), and sedge {Carex) species. A narrow creek enters the property from the southwest runs northeast through the property, and eventually joins a large wetland complex to the east of the property. Vegetation at wetland sample point 1A-1 is dominated by reed canary grass, fowl bluegrass {Poa paUatris, FACW-f), SartweU ’s sedge {Carex cf. sartwellii, FACW+), and a horsetail {Equisetum) specie. Vegetation at wetland boundary sample point 1 A-1 is dominated by reed canary grass, red top, timothy {Phleumpratense, FACU) and wild parsnip {Pastinaca sativa, Nl). Upland sample point lA-1 is dominate by Kentucky bluegrass {Poa pratensis, FAC-), smooth brome {Bromus inermis, UPL), timothy, and wild parsnip. Vegetation at wetland sample point 1A-2 is dominated by clearweed, jewelweed, box elder, and American basswood {Tilia americana, FACU). Upland sample point 1 A-2 is dominated by common buckthorn and American basswood. A black (N2.5A)) organic (Oa) soil in the top 6" of soil overlaid a dark (lOYR 2/1) silty clay loam below 8*'characterized the soil at wetland sample point lA-1. A dark (lOYR 2/1) silt loam in the top 16*' of soil overlaid a dark (lOYR 2/1) clay loam between 16-24*’ characterized the soil at wetland boundary sample point lA-1. A dark (lOYR 2/1) loam in the top 20” of soil overlaid a daiic (lOYR 2/1) clay loam between 20-28" characterized the soil at upland sample point 1 A-1. Based on the observed soil characteristics and a review of official soil series descriptions the soil at the wetland, boundary, and upland sample points is most accurately described by the Glencoe hydric soil unit. No free water was observed widiin any of the sanq>le boreholes, however the soil at wetland sample point lA-1 was moist throughout. A black (N2.5/0) organic (Oa) soil in the top 16” of soil overlaid a black (N2.S/0) sandy clay loam below 16” characterized ibe soil at wetland sample point 1 A-2. A dark (lOYR 2/1) loam in the top 10” of soil overlaid a black (N2.S/0) clay 10-12” overlaid a gray (7.S\H 2.5/1) sandy clay loam between 12-20^* overlaid a light brown (2.SY 7/2) sandy clay loam with carbonates below 20” characterized the soil at upland sample point 1 A-2. Based on the observed soil characteristics and a review of official soil series descriptions the soil at wetland sample point lA-2 is most accurately described by the Klossner hydric soil unit, upland sample point 1 A-2 is most accurately described by the Glencoe hydric soil unit. Free water was observed at 12 ” below the soil surface at Wetland sample point 1 A-2 and 28 ” below the soil surface at upland sample point 1 A-2. Approximately 55 lath (34 north side labeled lA, 17 south side labeled 1, and 4 in the southwest comer labeled IB) were used to delineate this basin. A topographic break, the transition from hydrophytic vegetation to upland vegetation, and depth to free water within the boreholes were used as the primary boundary cues while delineating this basin. Svoboda Ecological Resources Project No. 2005-308-03 Mackinnon Parcel Gronberg & Associates 1.^ M-r*-' -V^-.'.I-v-«i ’-.,n < ^ m i f r- m. While onsite SBR staff observed a small area in the southwest portion of the parcel that was determined to be incidental wetland. A large culvert (approximately 16” in diameter) was observed in the southwest comer of the parcel discharging onto the property. Additionally, multiple eroded gullies along the nmtti side road ditch were observed leading into the wetland and the north side road ghfflilHftf was highly eroded indicating significant water flow. Downstream from the culvert and discharge area «ignificant sedimentation was observed along with scattered debris and drift material. SER staff made note of this area due to dominance of reed canary grass and American elm {Ubnus americana, FACW-). However, the area is steeply sloped, highly disturbed, and obviously by roadside runoff and culvert discharge. Additionally, the incidental area lies several feet in elevation dx>ve the delineated wetland. RECOMMENDATIONS While the wetland boundary rh«r SBR has delineated is not official until approved by a WCA approved local government unit (LOU), SBR advises the property owner/dcveloper to refrain from any filling, draining, or excavating, or any impact to the area SBR has delineated as wetland. Depending on tire location of the property, buffers around the wetland may also be protected. Any activities in the proximity of the wetland should bo cleared with qrpropriate WCA regulatory agencies. Itisalsoadvisabletohavethe wetland boundary surveyed by a licensed land surveyor, or locat^ witti a sub>meter (H*S unit. Since the lath used along the boundary can be vandalized or inadverterrUy knocked over, a su<vey or OPS location of the lath will assure the permanence of the boundary. The client should also bo aware that lyrproved wetland boundaries are typically valid for only three years from the date of approval. CONCLUSIONS SBR examined the subject property and delineated one wetland within the subject parcel (Rgure 5). Wetland 1 is a seasonally flooded depressional area within the parcel. Wetland 1 is influenced by tiie shallow groundwater table as well as surface water driven (perched) and is prominent throughout the year. Please feel free to contact Ben Carlson or Frank Svoboda at (952) 471-1100 if you have any questions regarding the information in this rqrort. You will be receiving a foliow-up phone call in two to three weeks to see if tirere is anything else that is needed. SER appreciates the c^rportunity to assist you with this project and we look forward to serving any future needs that you may have. Sincerely. SvobodnBcoloil Franklin J. Svoboda, CWB, PWS President Ben Carlson Wetland Ecologist Svoboda Ecological Resources Project No. 2005-308-03 Mackinnon Parcel Gronberg ft Associates I'b: # U Wr*W t M WMlNk *M Approximate Parcel Boundary Approximate WetlarKi Boundary Estimated Wetland Boundary Not Delineated by SER| ^ Sample Points ^ Culvert I Incidental Area . 4svoboda Approximate Wetland Boundaries Overlaid on 2003 Aerial Image r. Bonestroo Rosene Anderlik & Associates Engineers fc Architects 2335 NWest Highway 36 • St. Paul. MN 55113 Ofllce: 651-636-4600 • Fax. 65I-636-I3II www.bomstroo.com (!-\ September 6,2005 ® s 2005 CITY OF OROMo Mr. Michael Oafiron Planning Director City ofOrono Post Office Box 66 Crystal Bay, Minnesota SS323 Re: 3500 Watertown Road Subdivision File No. 000139-05000-0 Plat No. 05-3152 Dear Mike, We have reviewed the plans dated 8-17-05 for the proposed 6-lot subdivision located at 3500 Watertown Road. The proposed improvements include grading, roadway construction and storm sewer improvements to serve the site. We have the following comments with regards to engineering matters: The proposed grading plan shows areas on Lots 2, 3, and 4, Block 2 where slopes are as steep as 1:1. The grading plan should be revised so that proposed slopes do not exceed 3:1. The grading plans show proposed retaining walls up to 1 0-feet in height within the ri^it-of- way and on 3 of the 6 lots. We recommend that the plans be revised so the walls are shown outside of the right-of-way. All walls that exceed 4-fcet in heiglit require a separate engineered design and detail submittal for review and approval. The plans should be revised to minimize wetland impacts; this may require acquiring additional property to the west to revise the road alignment. At a minimum, tire plans should identify the location of the necessary wetland impact mitigation. Final grading plans should incorporate some type of best management practice to treat the storm water that is not routed to the proposed pond. Storm sewer design (plan and profile views) and calculations should be submitted for review and approval. The plans should provide drainage and utility easements over the proposed storm sewer, pond and existing wetland. In addition, the plans should identify an access from the roadway to the pond for maintenance purposes along with the necessary access casemenL The plans indicate grading will be necessary onto the adjacent properly to the west to construct the road; this will require temporary construction easements from lire neighboring property owner. The proposed intersection of Mackinnon Road and Watertown Road may present sight distance issues. A si^t distance analysis of this proposed intersection should be submitted for review. The drainage and ponding calculation subnutted are being reviewed by our Water and Natural Resources Group; comments will be forwarded to you under separate cover. St. Paul. St. Cloud. Rochester. MN • Milwaukee. Wl • Chicago. IL Atfkmmivm Aci»«rVf euaf Opporiimitif Owned • Driveway grades on Lot 1, Block 1 exceed the maximum recommended grade of 10% and should be revised. • The proposed driveway and associated grading to Lot 1, Block 2 should be shown on the plans. • We have not received a plat and therefore have no comments at this time. • Final plans should include a typical street section along with plan and profile views of the street • The proposed access to the site is located at an existing low point on Watertown Road. The proposed storm sewer in Mackinnon Drive is lower than Watertown Road and may take water from Watertown Road. The drainage area map should take this into consideration and should be revised or the plans should include a culvert under Mackinnon Drive at the intersection with Watertown Road. • The proposed project will disturb more than one acre and will require a storm water pollution prevention plan (S WPPP) for city review and approval and also for the necessary MPCA permit • Once the final plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at (651) 604^863 if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE. ANDERLOC & ASSOCIATES. E^C. Tom Kellogg C: Oreg Oappa, City of Orono • iiJ- - - ..r-t mi m s VT- mm 1 '■ 1 Memo Bonesiroo AncterfikA |\|| Assodaeci lwilNM»i 4 ^ctiUxti Project Name: 3500 Watertown Road Client: CityofOrono To: Tom Kellogg File No: 139-05-000 From: Lance Hoff, Dan Murphy Date: 9-8-05 Re: Drainage Review Developer: Bohiand Development, Inc. and James MacKinnon Engineer: Oronberg & Associates, Inc., Long Lake Submittal: Drainage Calculations, Plans Plan Sheets: Grading and Drainage Date of Plans: 8-17-OS Date Received: 9-6-05 fiomminki Based on our review of the 3500 Watertown Road development, we offer the following comments, 1. Rational method storm sewer calculations should be submitted for review and approval. 2. A pond outlet detail should be included on the plans and submitted for review and approval. The submitted model includes an outlet, though the design Is unclear. An outlet should be properly designed and clearly shown on the plans. 3. The City’s standard skimming pond outlet should be used (detail attached). 4. Offsite drainage from the southwest and southeast should be accounted for in the drainage calculations. 6. The pond emergency overflow (EOF) elevation should be labeled on the plans. The EOF elevation should be located at or above the 100-yr HWL. 6. The top of the pond berm should be labeled on the plans. The top of berm elevation should be no less that 1* above the 100-yr HWL or the EOF elevation, whichever is greater. 7. The contour elevation labeled ’’998'' east of the existing house and west of the proposed McKinnon Drive should be labeled *1002*. Bonaatroo, Po—na, 4ntf«rMr and Aaaoelataa, Ine.wwnf.bontfBoo.co/n o imii PertmMhmt OBmI OWLOmiOmm in%n*me^t aoMaMiUM FBmm ]»fli4ll3 fat JMl4m OUMfiaK marn.urmm retufmmt%j Memo Oermtfoc || I itiiiti I Atfoctaltt liWfaai A>- Results ftam our modeling are summarized below. storm Return Period Peak Flow (cfo) Existing Proposed* 2-yr 1.4 1.3 10-yr 10.6 7.9 100-yr 29.4 18.7 AssufTMt ■ 12* pipe !• used for the pond ouSeL 1^. . i . • •‘I • . ■...........n . •■V,:;V**: - .r-.k^ v:: rnmmi Vt** i 1 ' IH. ' ■Am — 4 ' •; ■. •■ . • • ■ V. • .■* ‘ \f 'i m •^r*‘ • . -- i#' ■■-'• ■/» .>/■ it ^ ';a. . .'HI.. ' /■>,. r. '. • t ■■ ,, .i •-’ V • 'im i §om»lno, Boamm, AndmrMt »Mt AaaoeMn, he. I't ht www.bonestoo.eom XT OM IIIFI oaoH mp"i frnm r«rMI ^mifriinto I GALVANIZED GRATE (SPLI 4*X4* OPENINGS — H.V.L. SEE STO-ia FOR POND SLOPE CONFIGURATION NORMAL WATER ELEVATION r MIN. 48* TO ^ *• (A • • 4 •-4- • M * A,• A M • «• PIPE SIZE WILL VARY FLOW3 NORMAL WATER ELEVATION 1 PIPE LENGTH AND SIZE WILL VARY GOING INTO POND T BoHAitroo Ro»mn0 And0rlik 4 A aaoc Ia (aa STANDARD DETAILS OUTLET CONTROL STRUCTURE Lost Revision: FEB. 2(ill BRA Plot# N oTN vV. 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' ’ .'i r* ‘ f J 7 * -'>r. ■ • " Jl^v I. f^«if/**i ik^y. yr ’ V V •-/, - • '•«r< ,‘V , Lil: <:m: V \ , r-':'. =,' -;-v ’ f) ^ - ---------------------------------^ ^ ^fC y f • ,ly SiJK&fc ii ’^v>l ^ ^ yJ\ m r I I / / h /' MACKINNON HILL ONAOINO PLAN FOR BOHLANO DEVELOPMENT 0^ OUTLOT A, MNTVRC, ANO M THi •W1M gP THIM1M OP MC. WgtjPW COUNTY. liNNMOTA ex»sw6 MPttyiNCOt tflATT WitC ,A. V' ! ♦> » 31 Ijr-"- \/M-wit OUUfflit 'UA v-'i'F' ' ^ ''' /I If 1-- \ r 1 f\ r f- u ..^r^T :: - ■-:'^^y^&' V ;iVv .:t.^ 'V^r- »Sd -.'IS I? Corridor Enclosure iMBm V V' A -r.y->».'> Open: - long views - tindefined edge Variable: . edge undulates • use/screening variety Cf^fi Edged: - generally solid wall of vegetation • views focused down road ‘IF; Tunneled: - strongest sense of enclosure 4’ w .. Ott m f / ■ f»i i'>i> SON Adjacent Uses 0 Natural Area / Lake 0 Pastoral / Agricultural Institutional / Recreationalm Residential 0 Commercial / Industrial m-.fekv-’- positive origin point 1, Key view terminus and description negative * ■' .. ...f ■ diii k M ' * J COUNCIL MEETING OCT 242005REQUEST FOR COUNCIL ACTION Date: OcloberS^:^?^^!^ Item No DepartncBt Approval: Name: Melanie Curtis ^ Admiaistrator Approval:Agenda Section: Title: City Planner Item DcscriptioB: #05-3 1 53 - City of Orono - 2toning Amendment 78-1577, Exterior Storage - Ordinance List of Exhibits: A - Ordinance per Planning Commission recommendation B - PC Action Notice dated 09-21 -05 C - PC Memo A Exhibits of 09-14-05 Application Summary: With the most recent revision of the City’s current Exterior Storage Ordinance, language was added to the 2U>ning Code Chapter 78 regarding storage of oversized vehicles on residential property. Section 78-1577 currently addresses mostly vehicles, recreation vehicles, boats and trailers, while Chapter 58 C’Environmental Section of the Municipal Code, not the Zoning Code) addresses outdoor storage of junk, debris, inoperable vehicles, and other materials. The language in Chapter 78 should complement that in Chq>ter 58. Therefore, staff feels it is necessary for the Zoning Ordinance to be revised to maintain consistency with the existing language in Chapter 58-1 and 58-3. Violation of the current ordiiumce and proposed amendment results in a notice of violation to the property owner. The current ordinance and proposed amendment also provide the option of abatement by the City for resolution of the violation. The costs to conduct an abatement and associated City Staff time are billed to the property owner and if unpaid are assessed to the property taxes as a special assessment. One of the goals of this new ordinance is to further define within the Zoning Ordinance the types of violations which are currently being enforced by Chapter 58-1 & 3. Planning ComndssioB Recommendation The Planning Commission reviewed the amendments at a work session on September 7. On September 19, Planning Commission voted 7 - 0 to recommend approval of the OrdinaiKe amendments at their public hearing. Planning Staff Recommendation Approval of the amendments to Section 78-1577 per the attached Ordinance. COUNCIL ACTION REQUESTED Adopt or amend the attached Ordinance. .MS. ORDINANCE NO__THIRD SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 78-1577 REGARDING EXTERIOR STORAGE The City Council of Orono ordains as follows: SECTION 1: Municipal Zoning Code Chapter 78, Zoning Regulations, Section 78-1577 is amended by revising the preamble to read as follows: In all R districts, it is the responsibility of the owner of anv property, improved or unimproved, to maintain the outdoor areas: including courtyards and the like, of the property and adjacent riahts-of-wav in a manner that complies with the followinR requirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet pwipa rtiM- Additionally, all exterior storage must comply with Subdivision 6 of this Section. SECTION 2: Municipal Zoning Code Chapter 78, Zoning Regulations, Section 78-1577 (1) is amended by adding the following definitions: a. Blifht. A deteriorated condition, something that impairs or destroys. b.Junk. Anv cast-off. rfamAgerf. discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material i” whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. SECTION 3; Municipal Zoning Code Chapter 78, Zoning Regulations, Section 78-1577 (6) is hereby added to read as follows: 78-1577 f6^ Prohibited material storoee. Anv violation of this section is subject to abatement upon seven days' written notice to the owner of private premifffg pp which such material is found or anv conditions in vinlatinn of this code section exist. The owner of the property will be determined as shown bv the records of the office of the county recorder. The city mav remove such matter or correct anv conditions in violation. The Btfieken language is deleted; the underlined language is inserted. Page 1 of3 i and certify the cost of such removals or corrections as anv other special assessment. Additionally, the city mav also seek injunctive relief for violation of this section. Owners of private proDcrtv shall remove and keep removed from all exterior areas of all residential properties the following items: * c ■ Pest harborage. All exterior proDertv shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. Trash and debris> L jri, ■ All household garbajj>e. offal, dead animals, animal and human waste, and waste materials: 2.Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and olasticsV iunk. combustible materials. «t«ynant water, plastic bags or trash: 3.Accumulations of clothing and anv other items not designed for outdoor storage. Non-trash items. 1. Accumulations of wood pallets. 2. Accumulations of vehicle parts or tires. 3. All construction and building materials unless such materials are beinp used at the time in the construction of a building, in which case such construction must be iitted and on a continuous, uninterrupted basis. All appliances or appliance parts. S. All indoor or upholstered fiimiture of a type or material which is deteriorated bv exposure to outdoor elements. 6.All recycling materials except for reasonable accumulations, amounts consistent with a policy of regular removal, which are stored in a well-maintained manner according to Chapter SO and Chanter 54. 7. All other non-trash items which: The sliiiliia langul|e is delated; the underlined language is inseded. Page 2 of3 1 J (0 Are of a type or quantity inconsistent with normal and tMual use! or (ii) Are of a type or Quantity inconsistent with the inteaded use of the DfODertv: or Are likely to obstruct or impede the necessary pa-ya^ge nf fire or Other emergency personnel. ■ -'i'' • . •' Fertilizer and Burial of Waste. No person shall leave, deposit, or cause to be placed on anv private ground anv aarbaflc. sewage, waate. debris, carcass, or other substance or matter which is offensive or unheahhv bv decomposition unless the same be buried at least tliree (3) feet under the surface of the ground; provided. tip use of manure and phosphorous free fertilizer in the normal course for agriculture or horticulture is permitted, SECTION 4: This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective upon approval and publication. Adopted by the City Council of Orono on this 24* day of October, 2005 by a vote of ayes and nays. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk Published in the Laker/Pioneer newspapers the week of..2005. s • The lifltliia langiiaga is dalaiad: the underlined language is inserted. Page3of3 .L fjt:. CITY OF ORONO 2750 Kelley Parkway POB0X66 Crystal Bay, MN 55323 952J49.4000 ZONING FILE 05-3153 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 21,2005 TO: CityofOrono COPIES: TYPE OF REQUEST:Zoaiag Ordiaaace Amendment DATE OF MEETING: September 19,2005 PlaiBiag Comminloa rccorameaded at follows: Approval of the draft language as proposed. Ar!AI1UG^ •-v; :>: ;■ >■ ■ v.'-'' .v>]^RP^k9^9 mmmmm. ■.-. . -ir 1 ..• , .'•..,;y- '.•• y^'’■• ’^ ; ‘ •. '•; ■ • ■ ■.:'■ '»^!•>!. #‘>VmiMm ;ry.iy:y:..-.= -.- r-■•yv *!»i V: ■ i ; •• 'yV-M. •' ■^•v.’• V^v:r ■ y;Wiiw $ '"r ■ . * '1 .? . , *: • . -« . |g_w • ’i & rj .r lAOii iliiilifaintlB FILE #05-3153 14 September 2005 Page 1 of 1 To: l^roBi: Date: Subject: Chair Rahn and Planning Conunission Members Ron Moorse, City Administrator Melanie Curtis, City Planner September 14,2005 «OS-3IS3, CityofOrono Ordinance Revision Section 78-1577 Public Hearing ListofEihiblts A. DRAFT Amendments 78-1577 - Exterior Storage Ordinance B. Existing Langua;^e 78-1577 • Exterior Storage & Chapter 58, Sections I & 3 C. PC Work Session Packet dated 08-30-05 Backgrouud With the last revision of the current Exterior Storage Ordinance, language was added regarding storage of oversized vehicles. 78-1577 currently addresses mostly vehicles, recreation vehicles and trailers, adiile Chapter 58 addresses outdoor storage of junk, debris, inoperable vehicles, and other materials. Staff feels it is necessary for the Zoning Ordinance to be revised to maintain consistency with the existing language in Chapter 58-1 and 58-3. One of the goals of this new ordinance is to further define within the Zoning Ordiiuuice the types of violations which arc currently being enforced by Chapter 58-1 ft 3. At the September 7"* work session, the Planning Commission discussed the draft amendments to the ordiiuuice. After the Planning Commission work session, staff met with City Attorney, Tom Barrett. At that meeting, changes to the draft language the Planning Commission reviewed on the 7"' were made. The current draft language (Exhibit A) reflects those attorney suggested changes. The goal is to have the draft ordinance tefore the Council for approval in October. Staff Rccouincndation Planning Staff recommends the Planning Commission hold the public hearing, consider the amendment and make any appropriate revisions, and forward an approval recommendation of the draft ordinance to the Council for approval in October. See. 78-1577. Exterior ilorage io R districts. In all R districts, it is the responsibility of the owner of anv property, improved or unimproved, to maintain the outdoor areas: including courtyards and the like, of the property and adjacent riehts-of- wav in a manner that complies with the following requirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailen shall meet the requirements of this Code. Add ition ally, all nwbil e materials and (1) Dtfinltlons: a. Blight. A deteriorated condition, something that impairs or destroys. h. c. • • • "v:. . ■, Junk. Anv cast-off, damaged, discarded, iunked. obsolete, salvaee. scrapped, unusable, wom-out or wrecked object thing or material composed in whole or in part of asphalt brick, carbon, cement plastic, or other synthetic substance. fiber, alass. metal, oaner. plaster, plaster of paris. rubber, terra cotta, wool, cotton, cloth, canvas, oraanic matter or other substance, reyardless of perceived market value or requirine reconditioning in order to be used for its original CUBfiaSr Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1.Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2.Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self- propelled vehicle. 3.Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. TYavel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufiKturer of the trailer. ^cial mobile equipment means every vehicle not designed or used primarily for the tranqxMtation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinety sudi as asphalt spreaders, bituminous mixers. 1 t 'r bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck- mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. e.Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, alt terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. [Parking regulated.] Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as follows: It is unlawful for any person to park a mobile home or recreational vehicle upon public property for human habitation It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in any "R" district for more than 24 hours, except in a side or rear yard at least five feet from any property line. c*It is unlawful to use a mobile home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in "R" districts is regulated as follows: Parking of vehicles other than recreational vehicles, with a maximum gross vehicle weight (OVW) of 14,000 pounds or less is allowed in all "R" districts. b.Parking of vehicles in "R" districts in excess of 14,000 poimds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads; wear and tear on local or private roads; propensity to offroad remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: I. Property owner must be vehicle owner or operator. 2. Vehicle must be set back SO feet from property lines. #• .. ..i' ■ r-' 3. 5. 6. 7. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. 4. Maintenance of said vehicle shall occur within an enclosed building. The vehicle shall not constitute a nuisance at any time. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. Minimum lot size of five acres. For any property at least two acres but less than five acres in area, where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1,2004, a vehicle storage pennit may be granted if the above conditions a. through f. are met, subject also to the following limitations: I.A vehicle storage permit may only be issued for properties within the RR-IB, RR-IA, and LR-1A zoning districts. II.Such permit shall be granted only to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. 111.This permit shall not apply to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered pennit by virtue of their predecessor's permit. IV.This pennit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. [Storage of boats and hoc trailers.] Boats, unoccupied boat trailers, and boats on trailers shall be subject to the following storage requirements when not stored for commercial purposes: 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 pn^rty 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. b. Principal residence 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 property except within a hilly 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 practice until the property is sold, and shall meet the setback requirements of this section. d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1. Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks > and have no significant impact on lake views enjoyed by adjacent neighbors. 2. Nonlakeshore 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 setbacks. Boats and unoccupied boat trailers shall be stored no less than five feet from any lot line and no less than 1S 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. [Prohibitedparking or storage.] Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any "R" district. Prohibited material storage. Anv violation of this section is subject to abatement upon seven days' written notice to the owner of private premises on which such material is found or anv conditions in violation of this code section exist. The owner of the will be determined as shown bv the records of the office of the county recorder. The city mav remove such matter or correct anv conditions in violation, and certify the cost of such removals or corrections as anv other special assessment. litionallv. the city mav also seek injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: a. Pest harborage. All exterior oroDertv shall be free from rodent harborage and infestation. Boxes, lumber, scran metal, and similar materials shall not be F ' 'WHS S^' .- allowed to accumulate outside a structure in a manner that attracts an infestation of neats. Materials pennitted and approved for exterior storage shall be neatly stacked. b.Trash and debris. 1.All household garbage, offal, dead animals, animal and human waste. and waste materials; Accumulations of litter, glass, scran materials (such as wood, metal, paper, and plastics), iunk. combustible materials, stagnant water, plastic bags or trash: 3.Accumulations of clothing and anv other items not designed for outdoor storage. Non-trash items. Accumulations of wood pallets. Accumulations of vehicle parts or tires. All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. All appliances or appliance parts. All indoor or upholstered furniture of a type or material which is ited bv exposure to outdoor elements. All recvciiny materials except for reasonable accumulations, amounts consistent with a policy of regular removal, which are stored in a well- inftintf manner according to Chapter 50 and Chapter 54. All other 11«J!ailiLiilL Hi IK ^^ich; (i) Are of a type or Quantity inconsistent with normal and usual use: fiE (ii) Are of a type or quantity inconsistent with the intended use of the prep^; 9T tiii) Are likely to obstruct or impede the necessary passage of fire or tencv personnel. Fertilizer and Burial of Waste. No person shall leave, deposit, or cause to be placed on anv private pound anv garbage, sewage, waste, debris, carcass, or other subetance or matter which is offensive or unhealthy bv decomposition i t- unlemi the same be buried at least three (3) feet under the surface of the around: provided, that the use of manure and phosphorous free fertilizer in the normal course for a picultufe or horticulture is permitted. r V '-.-v . > ' A ^ * . ■»■:*• J -’i m -fim .¥T-> '•. ^ :.r-^-5.; .5^*^V'C. '‘‘T'?n. r,T minm «.^v> . *^t/ -'^1 I I . ! ,L Existing Language: 58*1 & 3 and 78*1577 See. 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 property to maintain the property in a neat, clean and presentable marmer free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds on the property at a height of not more than six inches, except this provision shall not apply to the following: (1) (2) Publicly owned parks, trails or nature areas. Property actively being farmed or used for agricultural purposes in conformance with chapter 78. Residential properties in excess of one acre gross lot size when located in the RR-1 A, RR-IB, LR-IA and RS rural residential zoning districts, provided that such properties or portions of properties shall be maintained in conformance with this subsection upon notice from the city that lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance. (4) Wetlands vegetation as defined in chapter 78. (5) Grass, weeds or underbrush on any slope in excess of 100 percent (45 degrees). (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 recor^ 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 my 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) State Law Rcrcrcacce: Minimota Noxious Weed Law. Minn. Slat. $ I8.7S et seq. Sec. 58-3. Junk can, faraiture, household furnishings and appliances stored on public or private property. It is unlavrful 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 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 pui^se of this section, an inoperable motor vehicle shall be defined as lacking parts essential to (iteration, 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 opmte the vehicle. V. (Code 1984. § 9.S0) State Law Rcrercacci: Abandoned motor vehicles, Minn. StaL ch. 168B. Sec. 78-1577. Exterior storage in R districts. In all R districts, all recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers shall meet the requirements of this Code. Additionally, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties. (1) Definitions: a. Recreational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses, also called a pop-up camper. 2. Motor home means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self- propelled vehicle. 3. Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 4. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer. b. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging equipment, moving dollies, pump hoists and other well-drilling equipment, street sweeping vehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving equi|Hnent. The term does not include travel trailers, dump trucks, truck- mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. c. Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own structure and for being drawn by a motor :*iu i ' (3) >1 u ife# ■■ 1> - - '' ■ ^ %■ i* vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. (2) [Parking regulated ] Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as follows: It is unlawful for any person to park a mobile home or recreational vehicle upon public property for human habitation b.It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in any ”R" district for more than 24 hours, except in a side or rear yard at least five feet from any property line. c.It is unlawful to use a mobile home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. Vehicle storage. All vehicles parked or stored on any property within the city shall be operable and currently licensed. The paricing of vehicles, other than recreational vehicles, in "R" districts is regulated as follows: a.Paikuig of vehicles other than recreational vehicles, with a maximum gross vehicle weight (GVW) of 14,000 pounds or less is allowed in all "R" districts. b.Parking of vehicles in "R" districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedntrians by way of proximity, especially on private roads; wear and tear on local or private roods; propensity to offroad remaining cargo on site at end of day; and visual incompatibility with the character of a neighboihood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: 1. 2. 3. Property owner must be vehicle owner or operator. Vehicle must be set back SO feet from property lines. Vehicle must not be visible from neighboring properties and public streets; vegetative screening is preferred. 4. 5. 6. Maintenance of said vdiicle shall occur within an enclosed building. The vdiicle shall not constitute a nuisance at any time. In a shared driveway situation, the applicant shall demonstrate that the appropriate easement exists. Jb^ Pisa 7. ilili Minimum lot size of five acres. For any property at least two acres but less than five acres in area, where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1,2004, a vehicle storage permit may be granted if the above conditions a. through f. are met, subject also to the following limitations; 1.A vehicle storage permit may only be issued for properties within the RR-IB, RR-1 A, and LR-IA zoning districts. 11.Such permit shall be granted only to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. 111.This permit shall not apply to subsequent property owners, subsequent property owners shall not be considered as having a grandfathered permit by virtue of their predecessor's permit. iv. This permit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. (4) [Storage of boats and boat trailers.] Boats, unoccupied boat trailers, and boats on trailers shdl be subject to the following storage requirements when not stored for commercial purposes: 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. b.Principal residence 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.Mtuimum length. Boats and unoccupied boat trailers exceeding 30 feet in length shall not be stored on any residential property 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 practice until the property is sold, and shall meet the setback requirements of this section. d. Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in imi 11 iar-i ■ ijim ■ r length may be stored outside on residential property as follows: Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet requir^ setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2. Wi, Nonlakeshore lots. Boats maybe stored in a side yard and rear yard; trailerable boats may be stor^ on trailers in a driveway in a front yard or side street yard. e.Rtquired setbacks. 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 widi this section. If boats are shrink wrapped, white is the preferred color but is not mandatory. g<Dispute resolution. Grmplaints regarding boats stored in lakeshore yards and potentially impacting a neighbor's views of the lake will be referred to a dispute resolution conunittee, consisting of the planning director, the building official, and a member of the planning and zoning staff [Prohibitedparking or storage.] Outdoor parking or storage of special mobile equipment as defined in this section shall be prohibited in any "R" district. (Code 1984, § 10.60(13); Ord. No. 206 2nd series, § 1,9-I0-200I; Ord. No. 4 3rd series, § 2.1M1- 2003; Old. No. 21 3rd series, § 1,11-8-2004) f§ 'him y.-' 7- • C ■J .> - vjf.r , I ■ i f ! MiMOiANDUM Date: To: From! RE: August 30,2005 Chair Rahn, Planning Conunission Members, Melanie Curtis, City Planner City Code Amendment - Section 78-1577 In light of recent City Code enforcement activities regarding property maintenance and illegal exterior storage, staff recognized the need to further define within the Code the luciuiieiiieiits for property nuuntenance. The proposed draft language within Section 78- 1577 is underiin^ and further clarifies the issues staff has historically been enforcing with a fi:w new additions. These proposed amendments do not change the way the City is inteqxeting or enforcing the Codes rather im>vides for a more clear and concise outline fbr residents as to the City ’s expectation of exterior property maintenance. Please review the attached draft ordinance language and provide comments, changes or questions to me in one of two ways: 1. Email your comments to me prior to the meeting (at mcurtistglci.orono.mn.us’l or 2 Discuss at Wednesday ’s meeting. This item will ^)pear on the September PC agenda for public hearing. ■ •» V 3 , . ; 4 ' ./ J •r-i ^■ ’ -A- W ■i. \ir Sec. 78>1S77. Exterior storage in R districts. In all R districts, it is the responsibility of the owner of anv property, improved or unimproved, to maintain the outdoor areas: including courtyards and the like, of the property and adjacent boulevards in a manner that complies with the following reQuirements. All recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel trailers, special mobile equipment, and utility trailers s^l meet the requirements of this Code. Additionolly, oil mobile matoriole and equipment shall be stored within o building or fully screened so os noUo be visible from odjoining pwiiertieo.- Additionally, all exterior storage must comply with City Code Chapter 58. (1) Definitions: a. Blieht. A deteriorated condition, something that impairs or destroys. b, Junk. Anv cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic substance. 0ber. glass, metal, paper, plaster, plaster of paris. rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, regardless of perceived market value or requiring reconditioning in order to be used for its original purpose. Jwdi Yard. Anv premises from on or which anv iunk or iunk vehicles are abandoned, bailed, bartered, bought brought, bundled, deposited, disassembled, disposed of. exchanged, handled, kept packed, processed, salvaged, scattered, shipped, sold, stored, or transported, regardless of whether or not such activity is done for profit. Nuisance. A nuisance shall mean anv act, substance, matter, emission nr thinp which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the City or vyhich is offensive or has a blighting influence on the community and which is found upon, in. beinf discharged or flowing from anv street, alley, highway, railroad right of wav, vehicle, railroad car, water, excavation, building, erection, lot grounds, or other property located within the City. Nuisances shall include, but not be limited to. those enumerated below: L The keeping, storage, depositing, or accumulation on the premises of any personal property, when such property constitutes visual blipht. reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby property or property values. Personal includes but is not limited to. iunk as defined in this Chapter, abandoned, wrecked or dismantled vehicles as defined in this Chapter nr inoperabl e \^nygworthv boats or vessels not meeting the intent of City Code Section 78-1577 (4Kal. automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, rubbish and debris. The keeping, storage, depositing, or accumulation of dirt, sand, gravel, concrete, or other similar materials inconsistent with an active project. 1 .a . ■ 5 ' V - .1 *. -j# iMT->aSk.- reduces the aesthetic appearance of the neighboriiood. is offensive to the senses, or is detrimental to nearby property or property values. 3. The operation of a iunk yard or automobile dismantling yard. 4.Any dangerous, unsightly, or blighted condition which is detrimental to the health, safety, or welfare of the public. S. Any condition in yiolation of Chapters 50.54 or 58 of this code. Any condition in yioSation of Chapter 78 Zoning Regulations of this code. 7. The maintenance of the exterior of any yacant or unoccupied building in a state of unsightliness so as to constitute a blighted condition detrimental to the property yalues in the neighborhood or othenvise detrimental to the public welfare. 8.Any real property which has become a dumping ground for litter, yarbaye. iimk. debris, or discarded yehicles. yehicle parts and/or yehicle hulks. Recnational vehicle. Mobile home and recreational vehicle shall mean and include the following definitions, and shall not include any manufactured housing unit bearing a State of Minnesota manufactured housing seal or certificate, for uses including but not limited to those listed below: 1.Camping trailer means a folding structure, mounted on wheels and designed for trayel, recreation and yacation uies, also called a pop-up camper. 2.Motor home means a portable, temporary dwelling to be used for trayel, recreation and yacation, constructed as an integral part of a self- propelled yehicle. 3.Pickup camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for trayel, recreation and yacation. 4.Travel trailer means a yehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for trayel, recreational and yacation uses, permanently identified as a trayel trailer by the manufacturer of the trailer. Special mobile equipment means eyery yehicle not designed or used primarily for the oanspoitation of persons or property and only incidentally operated or moyed oyer a highway, including but not limited to: ditch digging equipment, moying dollies, pump hoists and other well-drilling equipment, street sweeping yehicles, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractora other than truck-tractors, ditchers, leyeling graders. I I f finishing machines, motor graders, road rollers, scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, truck- mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. c.Utility trailer means any motorless vehicle, other than a boat trailer or personal watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain vehicles, or property on its own structure and for being drawn by a motor vehicle but shall not include boat trailers, a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. (2) [Parking regulated ] Parking of recreational vehicles, mobile homes and utility trailers shall be regulated as follows: a.It is unlawful for any person to park a mobile home or recreational vehicle upon public property for human habitation b. It is unlawful for any person to park or store a utility trailer, mobile home, recreational vehicle in any "R" ^strict for more than 24 hours, except in a side or rear yard at least five feet from any property line. c.It is unlawful to use a mobile home or recreational vehicle for human habitation on any private property for more than 72 hours without a permit from the city. Vehicle storage. All vehicles pariced or stored on any properly within the city shall be operable and currently licensed. The parking of vehicles, other than recreational vehicles, in "R” districts is regulated as follows: Parking of vehicles other than recreational vehicles, with a maximum gross vehicle weight (OVW) of 14,000 pounds or less is allowed in all "R” districts. b.Paridng of vehicles in "R" districts in excess of 14,000 pounds GVW has the potential to create negative impacts on the surrounding neighborhood. These impacts may include noise (from operation as well as maintenance of vehicle); vibration; glare; odors; soil/water contamination (from dripping, washing, etc.); hazards to pedestrians by way of proximity, especially on private roads; wear and tear on local or private roads; propensity to ofQo^ remaining cargo on site at end of day; and visual incompatibility with the character of a neighborhood. Such use may be acceptable under certain conditions in zoning districts where lot areas are generally two acres or larger. Therefore, parking of such vehicles requires each of the following conditions be met: 1. 2. 3. Property owner must be vehicle owner or operator. Vehicle must be set back 50 feet from property lines. Vehicle must not be visible from neighboring properties and public 3 streets; vegetative screening is preferred. 4. 5. 6. Maintenance of said vehicle shall occur within an enclosed building. The vehicle shall not constitute a nuisance at any time. In a shared driveway situation, the applicant shall demonstrate that the (q)propriate easement exists. 7.Minimum lot size of flve acres. For any property at least two acres but less than live acres in area, where it can be shown that prior to the effective date of this section such a vehicle was previously stored on a regular basis prior to and after January 1,2004, a vehicle storage permit may be granted if the above conditions a. through f. are met, subject also to the following limitations: 1.A vehicle storage permit may only be issued for properties within the RR-IB, RR-1 A, and LR-1A zoning districts. II.Such permit shall be granted omy to the current property owner and only for the specific vehicle applied for. The current owner may replace the vehicle in kind, but shall not add other such vehicles. Any replacement vehicle must be registered with the city within 30 days to transfer its permitted status. 111.This permit shall not apply to subsequent property owners, subs^uent property owners shall not be considered as having a grandfather^ permit by virtue of their predecessor’s permit. IV.This permit shall automatically and permanently expire if the vehicle storage is voluntarily discontinued for a period of one year. (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 commercial purposes: a.Licensing, operability and restorations. All boats stored outside on a residential property shall be licensed to th< owner or occupant of the property. All boats stored on a propierty 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. Principal residence 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. Maximum length. Boats and unoccupied boat trailers exceeding 30 feet in length 4 k., shall not be stored on any residential property except within a ihlly 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 practice until the property is sold, and shall meet the setback requirements of this section. d.Allowed storage locations. Boats and unoccupied boat trailers up to 30 feet in length may be stored outside on residential property as follows: 1.Lakeshore lots. Boats may be stored in a side yard, street yard, side street yard and lakeshore yard as long as they meet required setbacks and have no significant impact on lake views enjoyed by adjacent neighbors. 2. Nonlakeshore 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 setbacks. Boats and unoccupi'^ boat trailers shall be stored no less than five feet from any lot line and no less than IS 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. (5) [Prohibitedparking or storage.] Outdoor parking or storage of special mobile equipment as defined in this section shall prohibited in any "R" district. (6) Nuisances. It shall be a violation to maintain a nuisance condition on any property within the Qity. Nuisance violations shall be subject to abatement pursuant to City Code Chanter 58. Nuisances shall include, but not be limited to. those enumerated below: Attractive nuisances, holes, tanks, and child traps. All holes, cisterns, open cesspools, open or unsanitary septic tanks, excavations, open foundations, appliances, refrigerators, freezers, or iceboxes with unlocked attached doors and any other similar substance, material or condition which may endanger neighboring property or the health or safety of the public or the occupants of the property. No owner or person in charge of property shall permit thereon: .w 1. Unguarded machinery, equipment or other devices which are attractive. danpemiiff, and accessible to children. 2. Lumber, logs, or pilings placed or stored in a manner so as to be attractive, dangerous, and accessible to children. 3.An open pit- guarrv. cistern, open foundation or other excavation without safeguards or barriers to prevent such places from being used bv children: purauant to Minnesota Statute 66 5207.0510. 4. An open, vacant structure ^ch is attractive, dangerous, and accessible to children or which is used for habitation bv trespassers, as governed bv the building code. 5. » Iceboxes or other containers. An abandoned, unattended or discarded icebox. lefriperator or other container accessible to children which has an airtight door, or lock which mav not be released for opening from the inside. This section shall not apply to authorized o injury or death to olaving children. •JiVlil action projects with reasonable safeguards to prevent b. Pest harborage. All exterior ■shall he free from rodent harhonme and al. and similar materials shall not heinfestation. Boxes, lumber. S( allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage -shall he neatly stacked. Trash and debris. All household yarbaijte. offid. dead animals, animal and human waste. and waste materials; Accumulationa of litter, class, scran materials (such as wood, metal. paper, and plastics), iunk. combustible materials, stagnant water, plastic hagsorl Accumulationa of clothing and anv other items not designed for outdoor 'IWr.IISL Storage of non-trash items. Accumulationa of wood pallets. Accumulations of vehicle parts or All construction and buildinp materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous, uninterrupted basis. W 7 ; ’« -/S’- ft -.-tr in 4. All appliances or appliance parts. 5.All indoor or upholstered furniture of a type or material which is iorated bv exposure to outdoor elements. 6.All recycling materials except for reasonable accumulations, amounts cnnuirtent with a policv of regular removal, which are stored in a well maintained manner according to Chapter 50 and Chapter 54. All other non-trash items which: (i) Are of a type nr gnantitv inconsistent with normal and usual iwe- (ii) Are of a type nr quantity inconsistent with the intended use of the property: or fiiil Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. Fertilizer and Burial of Waste. No person shall leave, deposit or cause to be ftn private ground anv garbage.. sewaae> waste, debris, carcass, or other tubgtan«e ftf IIF**ter which ia offensive or unhealthy bv decomposition unleM the game he buried at least three f31 feet under the surface of the around: provided, that the use of manure and phosphorous fiee fertilizer in the normal course for acriciilture or horticulture is permitted. Harantftiw Fencinc. No person shall c ■ maintain, or allow an electric fence or a fepce consirting of barbed wire, concertina wire, or razor wire on property except for the use of electric fencing or barbed wire within the RR«1 A <gRR-lB districts. Qf|)f»r pi^i^yngeriny Conditions. Anv other substance, naaterial or condition which is determined bv the City tn endanger neighboring property, the health or safety of the public, or the occupants of the property. A. A... » ' .^^■niSDiVnnBin v_?: Attachment B Sec. S8-1. Maintenance of private property. (a) It is the duty of the owner of every vacant property and the owner and occiq)ant of every occupied property to maintain the property in a neat, clean and presentable manner fiee of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds on the property at a height of not more than six inches, exc^ this provision shall not apply to the following: (1) Publicly owned parks, trails or nature areas. (2) Property actively being farmed or used for agricultural purposes in conformance with ch^ter 78. Residential properties in excess of one acre gross lot size when located in the RR*1A, RR'IB, LR-1A and RS rural residential zoning districts, provided that such properties or portions of properties shall be maintained in conformance wi^ tUs subsection upon notice from the city that lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance. (4) Wetlands vegetation as defined in chapter 78. (5) Grass, weeds or underbrush on any slope in excess of 100 percent (45 degrees). (c) Any violation of this section is declared to be a nuisance and a public safety and welftre 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) State Law Rtfcrcacts: Miiuiewte Noxious Weed Law, Minn. Stat. § 18.7S et seq. Sec. 58*3. Junk can, furniture^ houMhold ftirnishingi and appliances stored on public or private property. It is unlawfiil to park or store any unlicensed, unregistered or inoperable motor vehicle lacking essential parts, household furnishings or appliances, or parts or components, on any prop^, public or private, unless housed within a lawfully erected building. Any violation of tUs 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 udiich such materisj is found, the city may remove the vehicle and certify the cost of such removal as any odier 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, us^ for storage in such a nuumer that no person can operate the vehicle. (Code 1984, § 9.S0) State Law Refereaccs: Abandoned motor vehicles. Minn. Stat ch. I68B. Sec. 58^. Abandoning n motor vehicle. It is unlawful for any perstm to abandon amotor vehicle on any public or private property without the consent of the person in control of such property. Abandoned motor vehicles dull be removed, impounded and disposed of in accordance with state law. For the purpose of this section, the term "motor vehicle" means as defined in Mirm. Stat ch. 169. (Code 1984, §§2.61(1), 9.51) State Law Rcrcrcaccs: Similar provisions, Minn. Stat. § 168B.03. Secs. S8>S~S8^. Reserved. • ^ 1 i Dtlt ApplieatiM Rccthrcd: 9>I4^ Date AppHcatio* CoiuidcrMi as Coaipklc: 10-7-05 <0-Day Review Period Eipircs: 12-6-05 COUNCIL MEETING OCI 24Z00S COYOFOnONO REQUEST FOR COUNCIL ACTION Date: October 18,2005 item No.f Departmeat Approval:Administrator Approval: Name: Janice Gundlach^ Tide: City Planner Agenda Section: Zoning Item Dcacription: #05*3156, Sonya Garnett on behalf of Kevin Garnett, 450 Orono Orchard Road Conditional Use Permit - Resolution Zonfaig Dbtrkt: Lot Area: Lot Width: RR - IB, One Family Rural Residential District (2 acre minimum) 14.73 acres (641,757 s.f.) ~670 feet (200 feet required) Lbt of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 10*18*05 C - PC Memo and Exhibits of 10-13-05 Appiicmtion Summary: Applicant requests a conditional use permit to permit installation of plumbing, consisting of a bathroom allowing for a toilet, tub or shower and sink, in the existing bam located on the Dickenson Street side of the property. PiMBiBgComraissien Rccommcadadon The Planning Commission voted 4*0, on the Consent Agenda, to approve the request as submitted. Staff RccoBimcndadoB Approval per the attached Resolution. COUNOL ACTION REQUESTED Adopt the attached Resolution granting a conditional use pennit for 450 Orono Orchard Road. L _____. ■ -.1... & i-i A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-418 (16) FILE NO. 05-3156 WHEREAS, Kevin Garnett and Brandi Garnett, husband and wife (hereinafter “the applicants") are the owners of the property located at 450 Orono Orchard Road vidthln the City of Orono (hereinafter the “City") and legally described as follows: Lots 5 and 6 Auditor’s Subdivision No. 307 and Lot 15, Block 12, Miimetonka Bluffs, Hennepin County, Minnesota (hereinafter the “Property"); and WHEREAS, the applicants have made application to the City of Orono for a conditioiuU use permit per Orono Municipal Zoning Code Section 78-418 (16) to allow installation of plumbing, consisting of a toilet, tub or shower and sink, in an existing accessory building located on the south side of the Property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File 05-3156. The Property is located in the RR - IB, Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet The q>plicant ’s Property is in excess of 14.0 acres and 670 feet in width. 3.The Plaiuiing C^onunission reviewed this application at a public hearing held on October 17, 2005 and recommend^ iq)proval of the conditional use permit based on the following findings: Page 1 of 5 I ^ Ii 1 ! t A KM 4. 5. a. The applicants have demonstrated compliance with the conditions noted in Section 78-418 (16), a through e, of the Zoning Ordinance. b. The proposed use of the accessory structure will not be detrimental to the residential character of the neighborhood. c. The Property exceeds the 2.0 acre minimum lot area requirement. d. The accessory building in which the plumbing will be located is conforming in location, size and height. e. The applicants have agreed, as part of this resolution, to enter into a covenant that disallows use of the accessory building for a home occupation, dwelling, or rental/lease of the building as a dwelling. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the iq>plicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the 2^ning 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 conditional use permit per Orono Municipal Zoning Code Section 78-418 (16) to allow installation of plumbing, consisting of a toilet, tub or shower and sink, in an existing accessory building located on the south side of the Property, subject to the following conditions: Page 2 of 5 ! 1 ^ r I. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The applicants hereby covenant and agree tnat the accessory building that is the subject of this resolution will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. The applicants acknowledge that is a future subdivision of the property leaves the accessory building on a lot less than 2.0 acres in area, ^ity may require that the plumbing in the accessory building be removed. ther, the applicants acknowledge that this covenant shall be binding upon cu. and future owners of the Property, and shall be filed within the chain of title of the Property. 3. 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 conditional use permit will expire on that date (October 24,2006). 4. 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. 5. 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 agrees to the recording of this resolution in the chain of title of the Property. Page 3 of 5 A(k^>ted by the Orono City Council on the 24"* day of October, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Ownerfs) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was (wknowledged 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. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota' w ^ ^ ^ — ---------------------------------------^ ------- municipal corporation and said instrument vms executed on behalf of the City. Notary Pub! Page 4 of 5 ■ v>' , • /< i- STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment was acknowledged before me this by Kevin Oamett, husband of Brandi Oamett. day of ,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Brandi Oamett, wife of Kevin Oamett. .,2005 Notary Public •• • : ' . • • •• I .. 4 '■■■ \ ‘''i' ; .> Page 5 of 5 ffsrescD auMBlM •4 1 O05TM0 aBARN ••7^ > y / f / ////// / //////, •:/ pkmhsoH sn^etr ,p ^4 fe ittMilM w CITY OF ORONO ZONING FILE: OS-3 156 2750 Kclky Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Ciyatal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: October 18,2005 TO: Sonya Garnett on behalf of Kevin Garnett 6468 City West Parkway Eden Prairie, MN 55344 4B0 OB €B « mm ^m ^m mm mm mm ^m ^m mm ^m ^ ^m ^m nm os ^m mm mt m mm mm mm a ^m ^m ^m mm ^m mm mm ^m ^m ^m 49 ^m ^m ^m ^m ^m <» ^m mm m TYPE OF APPLICATION: Conditional Use Permit for Plumbing in an __________________________Acccssq^ryBuildjn^ _ DATE OF MEETING: October 17.2005 Planatog Coombtion recommended as follows: Approval of the request as submitted. VOTE: 4 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, October 24,2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, thty are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. Jkl .-’aU'.J r N05-3IS6 October 17,200S Page I 0(4 Date Applicatioa Received: 9-14-05 Date Applicatioa Conaidcred at Complete: 10-7-05 60-Day Review Period Eipires: 12-6-05 To!Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Date: Janice Oundlach, City Planner,^ October 13,2005 Subject:*‘05-3156, Sonya Oamett on behalf of Kevin Garnett, 450 Orono Orchard Ror.1, Conditional Use Permit for Plumbing in an Accessory Building - Public Hearing Zoning District: Lot Area: Lot Width: RR - IB, One Family Rural Residential District (2 acre minimum) 14.73 acres (641,757 s.f.) ~670 feet (200 feet required) A/^icatioH Summa^: Applicant requests a conditional use permit to permit installation of plumbing, consisting of a bathroom allowing for a toilet, tub or shower and sink, in the existing bam located on the Dickenson Street side of the property. SU^RecommendtUUm: Staff recommends approval as submitted with the condition that the applicant sign the standard covenant that disallows use of the bam for a home occupation, dwelling, or rental/lease of the building as a dwelling. Pcrtincut Zoning Ordinance Sections Sec. 78-418. Conditional uses. Within any RR-IB one-family rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (16) The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. The property is 2.0 acres in area or larger. The accessory building is conforming in location, size and height The property owner agrees to the filing of a covenant m the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use b. c. d. e. iflRitot 111 m- ri i, MS-3156 October 17.200S Pagc2or4 3. permit is obtained. Rented, leased or otherwise provided for use as a dwelling under any circumstances. List of Exhibits Exhibit A - Applications Exhibit B - Survey Exhibit C - Floor Plan Exhibit D - Aerial Photograph Exhibit E - Property Owner's List Exhibit F - Plat Map Backgrouad The applicant originally requested construction of an addition to the south side of the existing bam. After discovering the inability to meet a SO’ setback from Dickenson Street that request was abandoned and the applicant submitted for a conditional use permit to permit plumbing in the existing bam located on the Dickenson Street (south) side of the |m>petty. A building permit has since been issued for the remodel of the bam and construction of a 10 ’ x 20 ’ shed (for storage of lawn equipment), with installation of the plumbing pending approval of a conditional use permit. This bam fonneily housed several dogs that were permitted on the property by a kennel license. The applicant has indicated the dogs have been removed from the property and the bam is being renovated into a recreational room/exercise room with pool table, sofa and requested bathroom. LOT ANALYSIS WORKSHEET Lot ArcaAVidth RR-IB Lot Area Lot Width Required 87,120 s.f. (2.0 acres)200 ’ Actual 641,757 s.f. (14.73 acres)~670 ’ Orono Orchard RD ~960 ’ Dickenson ST Setbacks RR-IB Required Exbting Proposed Front (Orono Orchard RD)50’130 ’NO CHANGE Rear (Dickenson ST)50’-740 ’NO CHANGE Left Side (north)30 ’35 ’NO CHANGE IM)5-3156 October 17,2005 Page 3 of4 Right Side (south)30’183’ house 55’ bam NO CHANGE Structural Coverage This property is in excess of 1.99 acres and therefore not subject to the lot coverage by structures restrictions of Section 78-1403. Hardcover Calculationa This property is outside of the Shoreland Overlay District and therefore not subject to hardcover restrictions of Section 78-1288. Conditioaal Use Permit Anaivsia Zoning Ordinance Section 78-418 (16) provides for a conditional use permit to permit plumbing in an accessory building subject to the following standards: The council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. Due to the size of the property, the screening that exists within the property, and the distance of the barn to other residential homes, installation of plumbing in this existing barn will not be detrimental to the residential character of the neighborhood b.The council flnds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. The proposed recreational use of the barn is in keeping with the interuled use of the conditional use permit noted in Section 78-418 06). c. d. The property is 2.0 acres in area or larger. The property in que.<stion is in excess of 14 acres. The accessory building is conforming in location, size and height. The barn is located behind the front line of the home (along Orono Orchard Road) and meets a principal building setback to the side street of Dickenson. The barn is considered oversized (in excess of 1,000 s.f.) but well within the 3,000 s.f. minimum individual accessory structure footprint area permitted under Section 78- 1434 (2). The barn also meets height restrictions and is therefore conforming in location, size, and height. I : k e. '•S; W5-3IM OdebM-17,2005 Pitc4of4 The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Tlte applicant has indicated willingness to sign this covenant. This covenant will be made part of the approval resolution for the conditional use permit, which must be signed by the owners prior to installation of the plumbing. Based on conformance with conditions a through d and on the condition that tf e applicant enter into the covenant noted in e, staff recommends approval of the cone itional use permit permitting installation of plumbing in the existing bam. luucs for Coasidcration 1. Are there any other issues or concerns with this application? Staff Rccommcadation Approval as submitted with the condition that the applicant sign the covenant noted in Section 78>418 (16) (e) of the Zoning Ordinance, which will be made part of the approval resolution. V. .'■*0. \ I ^. ■ } JI i. y I CITY OF ORONO - GENERAL LAND USE APPLICATION Application# CS‘ 3\‘^(n Date Received Q-/U.rs<;. Amount Paid dl unC). oo PROPERTY LOCATION , / /j j Site Address O/'rh^^ Type of Application to be Filed _________________ Property Identification Number (P.I.D.) APPLICANT / ,i/u^ / ,1 Name (/7^/'^enT j ________ Phone (home/ / Phonefwork) Ui i "1 ! Address City Zip. riliUMCD/f ^ff tthOWNER (if different than applicant) ' Name no n ' SS3>'^d Phone (home). Address Date Property Acquired Phone (work) _City _____Zip. I (do) (do not) also own the adjacent parcels of land (month/year) FEES - CONDITIONAL USE PERMITS • $600.00 Residential Accessory Use $600.00 InstHutional (church, school, etc.) . ^ $600.00 Guest House/Guest Apartments f^luynh/n^j /n AUe^bon $600.00 Duplex Credit/Bldg $600.00 Commerdal/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) $600.00 Comprehensive Plan Amendment $100.00 ^—jeals Other - see ' ee Schedule REQUIRED SUBMITTALS 1. ____Completed Application Form. ----- Z ____Describe request in detail. ^ \ ^ ____Certified Property Owners List of owners witmn 350'jOT the subject property, labels and plat map. List, labels and map rn^ be-dbtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6“* Street. Minneapolis, telephone 612-348-5910). ____Certificate of Sunrey {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). (f 7. y____; List of the legal names (include marital status) of all persons with an interest in the proper^. This would include name(s) of applicant(s) if not current owner(s). ____Construction plan, if applicable (see stafff for requirements). ____As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 4. 5. 6. 8. 9. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_______ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. DateApplicant’s signature OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto jthe jproperty by City staff, consultants, agents, commission members, and Council menj^TS for purposes of investigation and verification of this request. ^ i Date '?■'Owner's signature _______________ ____________ Applicant must have all sudmittalshntnihe City offices days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. 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. . .U.O i K I?,ATir I U City of Orono Pre-Application Meeting Form (This form Is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkvray Orono, MN 55356 MaUing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Onlv , . City Planner: W Main: 952-249-4600 Fax 952-249-4616 Meeting Oate/Time; PC Date; What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: , Site Address: H50 QrortO QrchCihrl Property Identification Number (PIN): ________ Zoning District: ___________Size of Property: DESCRIPTION OF REQUEST: bS^Res. Access. Use □ Institutional □ Comm / Indust Use □ PRD / PID □ Land Alteration □ Other: )Q Guest Hobse/Guest Apt □ Duplex CredivBIdg □ Comm Site Plan Review OTHER INFORMATION: *Piease note: Your application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature:Date: 41 1fro "i IDO I iMitlilliilliiiiiiiiiiiN r • ^J:. IWOSCP^ TLUMei*14 mr m ffy' y' /■//// y' ,'' ////// ^ * t » i ' > ^ y f ; / //! fitUCEMSOri STfEET .•a *• > jm'•y- lV_.-^ ,-L_ jM :* *' ' •■''-i'-.-i'' /.a:--;:. •.*:•*• *• . • V- •: ;\v> 'i.ir V;; -vip ’. «.» -».--- >* •■• ''^' ■*> , • ‘ •; •••*%. • •: *• ‘ . It*. .• . i. V •• ' ■ ’4' , L wmi.- • ; •» V •■ • - V *•. -1.. • . X i ‘ 1 W g/,:m • : V;- X * wtmum 450 Orono Orchard Road A ' ' . I . ...' ^ - . r^J * . 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'■ '■ r ■y ■ ■ ■:• ^ •'••• vT« ;; .•••'I rS5«' ■ W- w • W^’ -■..V ■ -- f'--^ • ' - V • ;* ..v/'W:v-.^-v 13 yr >> " f X ■ Denotes Removed Buildings --------------7"' - ^---------------------------j ‘ v‘ '* '•*' 3<''’ T- . <■ ■ -•A >v ..V J Dickenson Street ifesSil RUN DATE :VW20DS M 02II723I300M ntOPAODR )1S WOODHIU.KD OWNBRNAME WW MCGUIRE AN MMCOUIRE TAXPAYER WM MCGUIRE AN M MCGUIRE NAME/AODR 3ISWOOOHHXRO WAYZATAMN SS39I HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0211723230006 PROP ADDR 387 ORONO ORCHARD RD S OWNERNAME TLTRAFFETALCO-TRUSTEES TAXPAYER TIMOTHY L/EUSABETH M TRAFF NAME/AODR 317 ORONO ORCHARD RDS WAYZATAMN 3S39I 38 0211723240006 PROP ADDR 360 ORONO ORCHARD RO S OWNERNAME SAHOSBORN TAXPAYER STEELE B OSBORN NAME/ADDR 360 ORONO ORCHARD RD WAYZATAMN 55391 PACE: I 31 0211723240009 PROP ADDR 1260 WOOOHILLAVE OWNERNAME CAMMARE TAXPAYER CHARLES W A MARLA CMAILE NAME/ADDR 1260 WOODHUXAVE WAYZATAMN SS39I 31 02II7233I0003 PROP ADDR 480 RUSSELL AYE OWNERNAME X3SEPMNEBCARPENTER TAXPAYER X3SEPHINBB CARPENTER NAME/ADDR FO BOX 6S9 WAYZATAMN 55391 38 O2II7233I00I4 PROP ADDR 321 HANLON AYE OWNERNAME CPOURLERABOURLER TAXPAYER CHARLES P OURLER NAME/ADDR 321 HANLON AYE WAYZATAMN 53391 38 0211723310028 PROP ADDR 339 KEENE AYE OWNERNAME D H BOYD AC KBOYD TAXPAYER DUSTK H BOYD NAME/ADDR 339 KEENE AYE WAYZATAMN 35391 38 OQI1723240010 PROP ADDR 333 WOODHILLRD OWNERNAME W WMCGUIRE AN M MCGUIRE TAXPAYER WILLIAM W A NADINE M MCGUIRE NAME/ADDR 313 WOODHILLRO WAYZATAMN 33391 38 0211723310005 PROP ADDR 540 ORONO ORCHARD RO S OWNERNAME SANDRASLARSON TA3CPAYER SANDRA S LARSLm NAME/ADDR PO BOX 346 WAYZATAMN 33391 38 0211723310013 PROPADOR 337 HANLONAYE OWNERNAME RYAMEKOEHNEN TAXPAYER ROBERT A MICHEL KOEHNEN NAME/ADDR 337 HANLON AYE WAYZATAMN 33391 38 0211723310036 PROPADOR 38 ADDRESS UN ASSIGNED OWNERNAME HENNEPIN FORFEITED LAND TAXPAYER HENNEPIN PORFEDED LAND NAME/ADDR 1027-NC 38 02 1723310002 . PROP ADDR 1230 DICKENSON ST OWNER NAME W W MCGUIRE A N M MCGUIRE TA3CPAYER W W MCGUIRE A N M MCGUIRE NAME/ADDR 1230 DICKENSON ST WAYZATAMN 55391 38 0211723310006 PROP ADDR 550 ORONO ORCHARD RDS OWNERNAME SANDRAS UUtSON TAXPAYER SANDRA S LARSON NAMEADDR PO BOX 546 WAYZATAMN 55391 38 0211723310027 PROPADOR 1255 DICKENSON ST OWNERNAME MARION 1 DETTLOFF TAXPAYER MARION J DETTLOFF N 1E/ADDR 1255 DICKENSON ST WAYZATAMN SS39I 38 0211723310037 PROPADOR 530 HANLONAYE OWNERNAME HENRICUS KERKHOF TAXPAYER HENRICUS KERKHOF NAMEAADDR 4814 WOODHILLRO MINNETONKA MN 33345 i I ■ fT'r -.'Ll I 31 0211723310038 PROPADOR 520 HANLONAYE OWNERNAME KONRADCKRUGER TAXPAYER KONRADC KRUGER NAME/ADDR 4831MANITOURD TONKA BAY MN S533I 38 0211723310039 PROPADOR 1293 DICKENSON ST OWNER NAME SCOTT ALLEN HAGE TAXPAYER SCOTTAHAGE NAME/ADDR 1393 ORiJCENSON ST ORONO MN 33391 38 0211723310040 PROP ADDR 1203 DICKENSON ST* OWNERNAME JASONCMELU TAXPAYER JASON C MEILl NAMEMOOR 1205 DICKENSON ST WAYZATAMN 33391 !'i^v| -> Ljfii* ’ •' f'wj'V - A * RUN DATE :Va'3CDS 31 02II7233I004I PROPADDR SS9 RUSSSaAVE 3WNERNAM2 PCraTERSENATJENSTAD TAXPAYER POARY PETERSEN NAME/ADOR S59 RUSSELL AVE WAYZATAMN SS39I 31 0211723310047 PROPAODR 430 ORONO ORCHARD ROS OWNERNAMB REVNOARNETT TAXPAYER KEVMOARNETT SAME/AXXMt 6441 CITY WEST PKWY EDENPRAOUPMN 35344 31 0211723310030 PROPAODR 290 WOOONRXRD 3WNERNAME XNMCRLOBAOWIALLEY TAXPAYER XMINCRLOBA01AALLEY SAME/AOOR 290WOOOHRXRO WAYZATAMN 33391 31 0211723420011 ntOPADOR 30 ADDRESS UNASSI3NEO OWNER NAME CfTYOTORONO TAXPAYER COY OP ORONO NAMWADOR POBOX66 CRYSTAL BAY MN 3S323 T- ': . HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNER® LIST 31 0211723310042 PROPAODR 561 KEENEAVE OWNBRNAME DONALDERJOANNEK DAVIDSON TAXPAYER DONALD ER JOANNE K DAVIDSON NAME/AOOR 361 KEENEAVE WAYZATAMN SS39I 31 02II7233I004S PROPAODR 1223 DICKENSON ST OWNBRNAME M LHOPMANN RM HOFMANN TAXPAYER MATHEW L HOFMANN NAMWAOOR 1223 DICKENSON ST WAYZATAMN 53391 31 Q2II7233I003I PROPAODR 300 HANLON AVE OWNBRNAME PARMMBENNETT TAXPAYER PAUL A RMBOANM BENNETT NAME/AOOR 300 HANU3N AVE WAYZATAVIN 55391 38 0211723420012 PROPAODR 31 ADDRESS UN ASSIGNED OWNBRNAME WOODHOi.COUNTRY CLUB TAXPAYER WOOOHRi. COUNTRY CLUB NAME/AOOR iOO WOOOHILL RO WaYZATAMN 35391 38 0211723310046 PROPAODR 540 BARRETT AVE OWNBRNAME RTJAFFRAYRVHJAFFRAY TAXPAYER RTRVH JAFFRAY NAME/AOOR 540 BARRETT AVE WAYZATAMN 55391 38 0211723310049 PROPAODR 500 ORONO ORCHARD RDS OWNERNAMB SSAJEWEBSTER TAXPA\'ER STEVE:4S A JO ELLEN WEBSTER NAME/AODR 500 ORONO ORCHARD RD S WAYZATAMN 55391 38 0211723320001 PROPAODR 485 ORONO ORCHARD ROS OWNBRNAME EDWARD H HAMM TRUSTEE TAXPAYER EDWARD H HAMM NAME/AOOR OO NORTHERN TRUST BANK/FL 2201 SEKINOSWOODTERR STUART FL 34996 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND 1RUEREFRESENTAHONOF n«ORMA110N AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPAR1 OF MY KNOV/LEDCEE AND BELIEF. MV M M M r M t MDATE u I nis un.1 c i tic TMENIJO THE BEST PACE: 2 N • • ...A ‘“T-d u a ■-/'cj 4 ‘mI 1 imepin '4' *; * ^4* - /.. r. Hennepin County Taxpayer Services Department Vi PMC9I infommtlon ’<v.|ml ID 0211723310047 Number 480 OtfMt Nwim ODONO OIICHAIIO no li fhi$l9not»hgailynoonl»dmm Hrtfnitnta a compilation etmtorntMen mydd0l»»vmaty. County, mKlSM»n»a»ulhorm9$ and oOmiourGM. i artment MIL \ wooomLiwQe m <9ll| «Mara 2NDAD0N 4 • .A" V'' 0^ .\ \ •i_ Date Applicalkm Rfcfived: 09-I94S Dale A ppNcatioa Complete: 10-04-05 IMKDay Review Period Eipiratioa: 12-04^)5 COUNCIL MEETING OCT 242UU3 dTYOFORONO REQUEST FOR COUNCIL ACTION Date: October 18,2003 Item No. / O Departmeat Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Description: #05-3157 - Martha T. Mason on behalf of Sara Moos - 2160 Webber Hills Rd - Variances Zoning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential, 2-acres/200* width l.OS acre or 45,938 s.f. 180 ’ List of Exhibits: Exhibit A - PC Action Notice dated 10-18-05 Exhibit B • PC Memo & Exhibits of 10-11-05 Application Summary: The aj^licant has proposed a 12’x 32.3* addition to the east portion of the existing home, resulting in additional living space and a 2"^ story expansion above a portion of the existing garage to accommodate a new master bath. The home is currently set back 44.4’ from the front property line and the proposed additions would continue along the same front line of the house resulting in a setback of 43.9’ due to the slight angle of'he home to the road. The qrplicant initially requested a front yard setback variance for a proposed open pergola addition to the front of the home to serve as a front entry piece. At the Plaiming Commission’s reconunendation the applicant has removed the pergola from the variance request. Front yard setback variances are required to construct both additions to the home as proposed. Planning Commission Recommendation On October 17, Planning Commission voted 4 - 1 to recommend approval of the front yard setback variances for the home additions however recommended denial of the front yard setback variance for the pergola. Planning Staff Recommmidation Approval of the variances consistent with the Planning Commission recommendation. COUNCIL ACTION REQUESTED Direct staff to draft a Resolution reflecting Council’s decision. I* • m-:' CITY OF ORONO 2750 Kelley Parkway POB0166 Crystal Bay, MN SS323 9S2.249.4600 ZONING nLE 05-3157 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 18.2005 TO: Martha T. Mason COPIES: Sara Moos 1781 Logan AveS.2160 Webber Hills Rd Minneapolis, MN 5S403 Wayzata, MN 55391 TYPE OF REQUEST: Variances s DATE OF MEETING: October 17,2005 Plaaniag CommInIob reconaiendcd as follows: To recommend approval of the front yard setback variances for the 2 additions to the home, but recommend denial of the front yard setback variance for the proposed pergola. VOTE: 4 FOR 1 AGAINST * The dissenting Commissioner did not feet there was a hardship supporting tht setback variances. If the pergola piece is to be removed from the request the applicant should provide revised plans and survey showing the removal of the pergola at least one week prior to the City Council date. Applicant’s next scheduled meeting is confirmed as: Cky Ceuaeii - November 14** - Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. ^ ' -V ■ . . i' 'r m 'V 1^.. ■:4i FILE #05-3157 11 Oclotwr2005 P«g« 1 of 3 Dilc Application Received: 09-19-0S Date Appilcatioii CoaeMered as Complete: 10*04-05 60-Day Review Period Eipires: 12-04-05 To:Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Proin: Date: Subject: Melanie Curtis, City Planner October 11,2005 05-3157, Martha Mason on behalf of Sara Moos, 2160 Webber Hills Rd, • Setback Variance • Public Hearing Zonlug District: Lot Area: Lot Width: RR-lBt One Family Rural Residential, 2-8crcs/200’ width 1.05 acre or 45,938 s.f. 180 ’ A^icMtioH Summary: The applicant is requesting a front yard setback variance in order to construct an addition to the home resulting in additional home and garage square footage maintaining the existing substandard front setback line of the home as well as construct an open pergola near the front entrance within the 50’ front yard setback._____ SUiff Mecommeudatiou: Planning Department Staff recommends denial of the front yard setback variances, and that the additions should be redesigned to meet the 50’ front yard setback. Pertiaent Zoning Ordinance Sections Sec. 78-420. Area, height, lot width and yard requirements. (a) Height. No structure or building in the RR-IB district shall exceed 2 1/2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lot Area (■cm) Lot Width (feet)Front Yard (feet) Side Yard (feet)Side Yard Adjacent to Street (feet) Rear Yard (feet) 2 200 50 30 SO 50 List of Exhibits A. Application B. Hardship Documentation Form C. Existing A Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Property Owners List F. Aerial Photo O. Plat Map I *\. f FILE #05-3157 11 October 2005 Page2or3 BackgroHiid The applicant has proposed a I2 ’x 32.3’ addition to the east portion of the existing home, resulting in additional living space and a 2'**’ story expansion above a portion of the existing garage to accommodate a new master bath. The home is currently set back 44.4 ’ from the front property line and the proposed additions would continue along the same fiont line of the house resulting in a setback of 43.9’ due to the sliglu angle of the home. The applicant is also proposing an open pergola addition to the front of the home to serve as a front entry piece. This pergola would extend 7 ’ closer to the street than the home in this area resulting in a setback of 41.5’ from the front lot line where a 50’ setback is required. LOT ANALYSIS WORSHEET LotAreaAVidth: RR-IB Lot Area Lot Width Required 87,120s.f. (2 acres)200 ’ Actual 45,938 s.f. (1.05 acre)180’ Setbackst RR-IB Rcqaircd ExistiBe Proposed Front 50’44.4’43.9’ addition 41.5 ’pergola Rear 50’145.7 ’No Change Wert Side 30’41.3 ’No Change East Side 30’61.7 ’49.7 ’ •iL'll inLCOTtiiifT Total Lot Area Total Stractaral Coverage 45,938 s.f. (1.05 acre)Allowed: 6,890.7 s.f. (15%) Proposed: 2,761 s.f. (6%) Hardeover Calculattoai! This property is not located within a hardcover zone, therefore the hardcover regulations do not apply. Eastward expansion of the driveway is equal to the area being covered by the addition. The new driveway area will be approximately 15’ from the side lot line. Front Yard Setback Variance Due to the angle of the existing home to the front lot line only the western corner of the home meets the required 50’ setback. The applicant is proposing a 12’ addition to the eastern end of the home resulting in more space within the home and moving the garage space to the east. Additionally, the applicant is proposing a 12’x 30.5’ 2"** story addition FILEM5-31S7 11 Odolwr200S Pag* 3 of 3 over the existing home stepped bock 2* from the front of the home resulting in a 46* setback for the 2"^ story where a 44* setback currently exists for the I** story. Hardship Statcacat Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Aaalyils tm cMuMcrriNf MffOetlhm f»r vmrtamet, tkt Ptmuibit CommhthH thM ctmUtr tke ^eet e/lke pnpmul NwrisMcr irpM Ska ikcaMr, tmS we^aret/tke cmtmmmUy, exbtbig aaJ Mtklpatatl/rqffk eamMlam, Hgkt nut air, dMHter efjln, rttk ta tka paNk Mrtfety, aa^Hie^ecion valaaa afpraperty kt the nmamkhag area. The PtaaiUag Caamriteha ^all caasUee recaaaaeatHag appraval far vaHaaeea pam the therai prav bhai af the Zaalag Cade h$ taetaaces where thek atrkt eafareeateat waaUeaase aadaa hardehlp heeaate af ckeaautaaca aalgae ta the ladh<Uaal praperty aader caaakkratka, aad ahaH raeaaaaead ap pr aimt aafy whea h b deaauMrated that each acOaaa wm be la keepUtg with die apkh aad hkeatef the OraaaXaalag Cade. Staff finds that the orientation of the existing home with respect to the fiont lot line may serve as a hardship and it may be true that the existing setbacks are not inconsistent with the nei^botliood; however additions could be redesigned to meet the required SO* setback. The open pergola although not an enclosed addition is structure and does add to the bulk and massing, Staff finds that the additions could be redesigned to step back to the required SO* setback aixl that there is no hardship for the encroachment of the pergola. Issues for ConsMenitlon 1. Could the additions be steppcxl bock up to 6.I* to meet the SO* setback without com^mising functionality of the home and additions? Is there value in this conddering portions of the home already eikcroach up to S.6*? 2. Does consistency with other setbacks in the neighborhood constitute a hardship or sufficient justification for the variance? 3. Arc there any ofiier issues or concerns with this application? Stall Recaaiaicudatloa Planning Staff recommends denial of the front yard setback variances, and that the ihould be redesigned to meet the SO* fiont yard setback. . •■v-'Vr-" 'V ' t. tv • fcA. /V Ulty OT urono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application # Date Received Amount Paid: Staff: JhRlt^ Fee;$600 Renewal; $300 After-the-fact: $1,200 Double Fee This application form must be completed In full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 2JC/Q WgflftSg. ^_______________________ ill ocioqProperty Identification Number (P!N): (Attach legal description to application if not included on the survey.) Date Property Acquired (mwth/year): □ Yes. I own the adjacent parcels. Present use of property: a Residential □ Other Zoning District: ________(LCi P% -------------- applicant INFORMATION: (Complete legal nares and marital status required for each interested party) Name: -fT Phone (home):<^^» Phone (work)/.^'c>J ^,-2^. Pniail. It . ggr>fv]» « Tax: 7 ' n - OWNER INFORMATION: (Complete legal names c."id marital status required for each interested party) Name: Kl. AAonc.___________ Phone (home): ________Phone (work): - T4l»-4vnv4 Mdnss: TJCeQ 41 i c ________ Emai’: 6fl>ra-~»00Q0S(cl caur^U _________ DESCRIPTION OF INQUEST: Estimated Project Cost: $<« Describe the request in detail (attach additional sheets if necessary) Fax: £AiPPir’id^lsJ -r^ To kAAiUr'AtN fUrS-h:h^lT A-f.l/-? 4ir^L>r:pJA To un'lUirY, f o 1 K ■' ej) J5U 0-^ 0 / * REQUIRED SUBMITTALS: All of the following informatbn 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 Fomi □ Completed Hardship Documentation Form \::T '' • □ Certified Property Owners List - owners within 150 ’ of the subject property, labels and plat map. -A List, labels and map may be obtained from Hennepin County Department of Finance. * rinxiarnmant C'.antor 'tOD Smith Stroot Minnoanniie tol^nhnnnGovernment 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 llK 11" X17" for reproduction. Nf^ Completed hardcover calculation worksheets (as provided within the variance packet). Topographic sun/ey - including existing and proposed elevations. Provide one copy 8.5 ” x 11* or 11" X 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending qn tHe scope of ,the project. * • «i APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all informatioci'Ye%)uired or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies/tjlat the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend ^e request for denial of the request regardless of Its potential merit e • • Applicant ’s Signature: kA/iifVCCa Applicant's Signature: ________________________________Date: •_____ ' • \OWNER’S ACKNOWLEDGEMENT: The owner herpljy, ackrioyviedges and agrees to this applicatiorj an^ further authbri2fes'reasonable entry onto the property by City Staff, consultants, agents. Commission.Council Members for purposes of investigation and verification of this request. \ . ,* Owner's Signature: ____________Date: H /o S"_______ Owner ’s Signature: __________________________________Date: ___________________ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present st 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. O u. Si- !•< DATA PRIVACY ADVISORY in accordaoM with M S. 13.04. Subd. 2. *^ight8 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 fomish certain private or confidential information. You are notified that; 1. The information you furnish will be used to determine your qualification for the permit or Hoense requested. 2. Yoc may refuse to supply data, but refusal may require that the City deny the permit or license. 1 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights uixler 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 First kllCLSerK) Middle Last 'TMaO 4fiLt A glN City State Phone I understand myrights as stated above Signature lyrnnis as stated aoove. ■ .< ft o —-k..r- iilirkw VARIANCE APPUCATION (Moos Prooeity) Description of Request: 1) Second Sto^ Addition (360 SF) above existing garage 2) Garage addition to extend 12* ftom existing end of garage 3) Front Entry detached open Trellis/Pergola (non-permanent structure) Both elevations to maintain height and profile of existing house (See enclosed plans/elevations) 1) Addition to accommodate Master Bath & closet 2) Addition to accommodate Utility, Mudroom, & Storage 3) Open Trellis to define fiont ent^ and provide landscape structure Hardship Documentation: 1. *The property in question cannot be put to a reasonable use if used under conditions allowed by official controls.” N/A 2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner.” Inhoent to the land and inherent to the structure, Webber Hills was platted befiire the 2-acre minimum and current setbacks. The owner desires to maintain existing setbacks due to constraints of fiw existing structural layout and fimction below second story addition. New setback would impede natural light, vmitilation,and view fiom existing screen porch on north side of house. 3. ‘*Thevariance,ifgranted, will not alter the essential character of the locality. The duuacter will be enhanced by maintaining a consistent aesthetic along Webber Hills Road, since adjoining properties arfliere to same setback and tend not to be stepped back. By maintainmg and matching existing fiont profile and elevation heists, the addition is aUe to blend with die character of the neighborhood. The driveway and ci»b access renmin unchanged and improved by a back-up area added to garage apron, alleviating backing out onto road. iden IS4. N/A 5. "Access solar energy systems.. N/A 6. N/A 7. N/A / F .Lit. M 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” Inherent to the structure, since the existing home was platted prior to both the 2-acre minimum and current setiMck regulations, retaining existing setback would help maintain the original intent of the Webber Hills development where no other adjoining homes are ste^ied back to meet new rules. 9. “The ctmditions do not apply generally to other land or structures in the district in which said land is located.” Because the portion of Webber Hills Road in front of said property is curvilinear, extending the house alcmg existing setback does not in any way block or impede neighbors* views more than present situation. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant” The intent of the owner renovating said property is to make necessary improvements to basic infrastructure, and provide functions lacking at time house was built A substantial property right includes preservation of property value and allowance for growth. 11. “The granting of the proposed variance will not in any way impair health, safety, oomfiart, morals, or in any other respect be contrary to the intent of the ZoningCode.” Addition will serve to improve health, safety, and comfort in providing basic il infrastructure of utility, bathroom, mudroom, and storage. 12. “The gnuiting of sudi variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” Since the s^e-parent owner has st^ed in Webber Hills and homesteaded and maintained tiiis property more than 20 years, raising 3 children, and is about to combine femilies due to re-marriage, thm is a requirement for more space. I r ~ Hardihip StateMcat **Should you feel the hardship cannot be fully described in the above criteria. Describe the unique hardship, practical difficulty or unusual property conditions preventing complianoe with Z^ng Ordinance requirements in the following lines.” A substantial property right includes preservatioo of property value while accommodating growdL This project intends to minimize change in surroundings during a time of family change. We wish to consider the emotional security of the children as a hardship, so diat they may remain in the only home they have known. By applying the gmndftther principle to pre-existing conditions, we hope to allow home to maintain it’s fiuniliar sense and character. r A _J r r 0C-C COmnCATE OF SURVEY FOR 8ARA MOOS OF LOT I. BLOCK 2, SnSER HUS HDBffFIN COUNTY. IBNNESOrA FOX STR EET INUA imrnwnmin mmm mm ««!vSr«r II «iLbi av «■* wtmmm mm wmmmmmmmmmm mwmmmrnmmmtm”—^"-1\+/ j-~ J* 3/B/n 0»-3t7 Mi ,.i t: V •V- V •. LEGAL DESCRIPTION OF PREMISES Lot 2. Block 2. WEBBER HILL6 f' mm mM mm iwHglifWl nol j r .y I WEBBER HILLS ROAD IR^Sv::' ’■ r> .W:--■"vC*i.- ’BV'B':B'B 1—»T“11 i (►• ' 1 LI__1 -I il i 1 1 ■ . ■ ■ i .' I • V- : > ..^:;r' 'm i ?;'. * • L •i 1 c^:*>r. 4 ‘2 • J•• % _______ . ’ ^.lr.^:av <s^^r/••«*■^■ j-7 .:?•..-7.: ■ J it i -1^': ' -t:.. ' \T-V-*! • . ' .v- . ,.<•_.-• :.y .rv . ■ •■_ •;•••:■ -V. . .• .« V • ;^ :. . r;.'. ‘ nx=:; ■: ■•■.■■' '■ >#A :s<i /aItm:- ..................- prffcrwr l»HTt*rC iiSer \j ?»i. ■ j': s. J '■■K ... V0. '^?=' [? Vi vl:.^ ^ /f « «* JkktaklM.iOK=^H^ili mM '-7 ‘ - .t:ai•m V ., • ♦• y-i..-.v^; 7= |>» 10 ir-r?jE| MMOATE-.WlMfiOS M 0311733310004 niOPAOM 3130 roxsT OWNDINAME CtOUSTOrHERCMCOItANN ETAL TAXTAYBR OOUrrOrHeil* SHARON MCORANN NAMB/AOOR 3130 POX ST UN40LAKE MN SS3M 3S 0311733340003 PROPAOOR 3ISS WEBBERHIUSRO OWNIRNAMB MAROARBTAOERMUNDSCN TAXPAYER MAROARKTAGERMUNOSEN NAME/AOOR 3ISS WEBBER »US RO WAYZATAMN 33391 3S 0311733340009 PROPAOOR 3100 WEBBERHHURO OWNERNAME SARANMOOS TAXPAYER SARANMOOS NAMWAOOR 3100 WEBBER HILLS RO WAYZATAMN 33391 Ol HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS UST 3S 03II7333I0003 PROPAOOR 2IS0 PmCST OWNERNAME GA EBBBCKE ETAL TAXPAYER GBOROE A EBBBCKE NAME/AOOR 2ISOFOXST LONG LAKE MN SS3S6 30 03II72333000S PROP AODR 2263 WEBBER HILLS RO OWNERNAME OLPANZER&BDPANZER TA3(PAYER DENNIS L PANZER NAME/AOOR 2263 WEBBER HILLS RO WAYZATAMN SS39I 3S 0311723340003 PROPAOOR 2173 WEBBER HILLS RO OWNERNAME J WPAOELRSMPAOEL TAXPAYER JUSTIN PAGEL NAME/AOOR 2173 WEBBER HBiB RO WAYZATAMN 33391 38 0311723340008 PROPAOOR 2180 WEBBER HILLS RO OWNER NAME EDWIN W RTTCHIE ETAL TRUSTEE TAXPAYER EDWIN W/CHRBTINA K RITCHIE NAME/AOOR 2180 WEBBER HILLS RO WAYZATAMN 33391 ivs'.o.: 38 0311723340010 PROPAOOR 2120 WEBBER HOLS RO OWNERNAME SSJOHNSONRMBJOB TAXPAYER S S JOHNSON RMB JOHNSON NAME/AOOR 2120 WEBBER HILLS RO WAYZATAMN 33391 38 031172334001 1 PROPAOOR 2110 WEBBER HOIS RO OWNERNAME SUNIL V SAPATNEKAR ET AL TAXPAYER SUNIL VRWANOAK SAPATNEKAR NAME/AOOR 2110 WEBBER HILLS RO WAYZATAMN 33391 ] CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND 1KUE REPRESENTATION OF IPrORMAnON AS IT APPEARS THIS DATE CM THE RECORDS (MFTHE HEItlEPIN COUNTY TAXPAYER SERVICES OEPARTMBITSIO THE BEST OFMYKNOWLEDOEANDBEUEF. DATE il PAGE: I Exhibit F i m c.', .-r'\**: . • Jd ):^¥' ** ’ -^t, ' *■ '■•'* ^4^ >tLl 2160 Webber Hills Rd I */»' Overview Map L_ —liiiiiii 1 wm ‘IK H *j tif I ij- Hennepin County■ iWM wweeiiej ■ ■ ^ 't Taxpayer Services Department ^VZiKi- 'T< '•f.-V ■ •\i ■>'.:<' iwrr f£ <r^ -r-'T) 3 • rfc^ V P9TC9t Information ID D311723340 1*' - ■ ♦■"*• • WrMt Nam* vmeaca HILLS no TN9 not & 9&ot§n f&ooni^d tn§tk firaora&afilaacomoMionofktfonnaikm mddttBirmCKf, OouMf, andait»roadm/thortUMandofmtountn. r. Date Application Received: P'll-OS Date Application Considered as Complete: 9>21*OS 12d>Day Review Period Eipires: Il'iiMIS OCT 2A2(K)6 C(f/OFO«ONO REQUEST FOR COUNCIL ACTION Date: October 20,2005 Item No.: j j Department Approval: Adminbtrator Approval: Name: Michael P. Gaffion Agenda Section: Zoning Title: Planning Director Item Description: #05*3160 Judson M. Dayton. 825 Old Crystal Bay Rd. S. • Proposed Subdivision of a Lot Line Rearrangement - Proposed Driveway Easement Application Summary: The applicant proposes to combine and re-arrange the lot lines among three existing tax parcels to result in just two tax parcels. The 21- acre parcel contains an existing residence structure, guest house, bam and various outbuildings. The easterly of the existing smaller parcels contains a cabin: the westerly of the smaller parcels contains a variety of small outbuildings near the lakeshore. The intent is to 1) combine the two smaller parcels into one 5-acre building site; 2) then rearrange the lot line between this combination and the 21- acre parcel to straighten out that common lot line; and 3) formalize a driveway easement through the 21-acre parcel out to Old Cry stal Bay Road to serve the 5- acre parcel. List of Exhibits A - Notice of Planning Commission Action B - Statutes Section 462.358 Subd. 4b (c) - City ability to waive platting C - Memo and Exhibits of October 12 Parcels Involved/ Property Area: Existinfi ProDOsed 09-117-23 210001 21 ac.±21.58 ac. Gross (19.53 ac. Dry) 09-117-23 21 0004 3 ac.±NA NA 09-117-23 210005 3 ac. +5.46 ac. Gross ( 5.26 ac. Dry ) 27 ac. +27.04 ac. Gross (24.79 ac. Dry) Zoning District:LR-IA. 2.0-acre Single Family Lakeshore Residential M>»160 Octoter 20,2005 Pi|e2 DbcHtiloii PLEASE REVIEW THE MEMO AND EXHIBITS OF OCTOBER 12. Plaiiafaig CommiMioB RecommcndatioB Planning Conunission reviewed this on October 17 and concluded that the lot line rearrangement resulted in little change from the current conditions. Planning Commission recommended approval of the lot line rearrangement and creation of driveway easement as presented; and that this application should ofit be subject to platting, and should 02i be subject to park fees or stormwater & drainage trunk fee. both of which would be appropriate only if the property is further subdivided in the future. Planning Commission did not specifically address whether the existing accessory structures in the 0*7S ’ zone should be relocated or removed, but did note that the mere easement creation would not result in making the existing horse bam more nonconforming as to side setback, since the zoning code does not specify a setback from driveway easements. Staff Rccomaieadation If Council reaches the same conclusions as Planning Commission, direct staff to drafi a resolution for approval for adoption on November 14. The City Attorney may wish to comment on the plat waiver statutes. 1 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #05-3160 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 20.2005 TO: Judson M. Dayton COPIES: John Winston 825 Old Crystal Bay Rd. S.3912 IDS Center Wayzata, MN 55391 80 South Eighth Street Minneapolis. MN 55402 TYPE OF APPLICATION: Subdivision -Lot Line Rearrangement DATE OF MEETING: October 17.2005 Planning Commission recommended as follows: Approve lot line rearrangement and creation of driveway easement as presented; this application should not be subject to platting, and should not be subject park fees or stormwater & drainage trunk fee. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Council - Monday, October 25.2005 - meeting begins at 7:00 p.m. If Council concurs with the Planning Commission recommendation, a resolution will be drafted for the November 14 Council meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 612-249-4600 I ■ . J*! .: .v:. , >?-r • A _____j i.. municipality in thla cm* because compliance will create an unnacassary hardship and failure to comply will net interfere with the purpose of the regulations; or (b) a statement which namoo and Identiflaa the lucati-on os the appropriate municipal offices and advises the grantee that municipal subdivision and sening rogulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, nonapplicability, or waiver from tha municipality. In any action commenced by a buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in accordance with this subdivision shall be grounds foe damages. If the buyer ostabllshea a right to dwmages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient to pay all or any part of the costs Incurred in maintaining the action, including reasonable attorney fees, and an amount for punitive damages not exceeding five per centum of the purchase price of the land. Subd._ 4b t) In a •iotions on filine end aecori eonymyaaome. (a) In a~municipality in which subdivisicn reguiatione~ are in force and have been filed or recorded as provided in this section, no conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after J\pril 21, 19€1 or to an unapproved plat .T.ade after such regulations become effective. (b) The foregoing provision does not apply to a convayance if the land described: (1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter, or (2) was the subject of a written agreement to convey entered into prior to suc.h time, or (3) was a separate parcel of not less than 2-1/Z acres in area and 150 feet in width cn January 1, 1966, cr (4) was a separate parcel of not less than five acrea in area and 300 feet in width on July 1, 1930, cr (5) is a single parcel of ccmercial cr industrial land of not less t.ten five acres and having a width of not less than 300 feet and its conveyance foes net result in the division of thr parcel into tv;o cr mr.’-* lets or parrels, any sr.e of wnioh ii less t.har. fiva acres in ares c - ■jr'1jui' :eet m v.-ic"*C4A t cr (6) is a single parcel of residential cr agricultural land of .tct less than 2Z acres and na 'ir.t a vlcth of not less than iCC feet and its coa-/eyance coes not result or* the ci-i«icn of the caruei into two or .tore less t.tar. 20 acres .\r. eret or 5C tr ptrceis, r.-.y one of vr.ic rest in v.iit.'.. I'}#V ^vv-'fif t hnpyAvv,nv.reviso:.les.*:atc.rnr.iis/bir-geipuf nhn'^pubtypssSTAT_C?-*.i?_iECi;>s:.-=; . A 't w « ■> % (e) Zn tny cas« in which eonplianca with tha foregoing raatrletlona will create an unnecaaaary hardship and failure to comply dees not Interfere with the purpose of the subdivision reguletiens, Ahe-plettine Authority 4»oy waive such eewpllanca bv adoption ef a-jresolutien to that effect then be filed or recorded. ~ 7 and the conveyance may (d) Any owner or agent of the owner of land who conveys a let or parcel In violation ef the provisions of this subdivision shall forfeit and pay to the municipality a penalty of not less than 9100 for each lot or parcel so conveyed. (a) A Biuninipality may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. Subd. 5. Pormlts. Except as otherwise provided by this section all electric and gas distribution lines or piping^ roadwaysi curbSr walks and other similar improvements shall be constructed only on $ street/ alley, or other public way or easement which is designated on an approved plat, or properly indicated on the official map of ths municipality, or which has otherwise been approved by the governing body. When a m\inj.cipallty haa adopted an official map, no permit for the erection ef any building shall ba issued unless the building is to be located upon a parcbl of land abutting on e street cr highway which has been designated upon an approved plat or on the official map or which haa bean otherwise approved by the governing body, and unless the buildings conform to the established building line. This limitation on issuing permits Shell not apply to planned davalopments approved by the governing body pursuant to its zoning ordinance. No permit shall be issued for the construction of a building on any let or parcel conveyed in violation of tha previsions of this section. Subd. €. Verlaaees. Subdivision regulations may provide for a procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but vezianeee may be granted only upon the specific grounds set forth in the regulations. Unusual hardship includes/ but is not limited tO/ inodequate access to direct sunlight for solar energy systems. Subd. 7. vacation. The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for aawar, drainage/ eXectriC/ telegraph, telephone, gas rnd steam purposes cr fer boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rale charter cr other prevision.^ of law. A boulevard reserve means an easement establishec an^sce-.t to a dedicated street for the purpose cf estailisl:ing epan spaot adjace.nt zs the street and v/kich area is reccrced plat es "bculevtrc reserve". desicr.etec cr. tr.e ^ W % w ?lat approval under otl.er laws. Nothir.g ir. t.*.l.« setticr. is tc cs csr.etrust ts a limitation o.t the authority Of r.ur.itlptlities vrhlth havs r.ct atoptsd subdivisic.t ra;.lsti=.-s i t I I se«« ■' /v C “T A T / Ti Date Applkatioii Received: 9*21-05 Date Applicalion Coasidered a> Coaiplete: 9-21>05 120-Day Review Period Eipires: 11-20-05 To:Chair Rahn and Planning Conunissioners Ron Moorse, City Administrator From: Date: Mike Gaffiron, Planning Directotr>». October 12,200S Subject:#05-3160 Judson M. Dayton, 825 Old Crystal Bay Rd. S. • Proposed Subdivision of a Lot Line Rearrangement - Proposed Driveway Easement Pareeb Involved/ Property Area: Existing 09-117-23 21 0001 21 ac + 09-117-23 21 0004 3ac.+ 09-117-23 21 0005 3ac.+ Proposed 21.58 ac. Gross (19.53 ac. Dry) NA NA 5.46 ac. Gross ( 5.26 ac. Dry) 27 ac. +27.04 ac. Gross ( 24.79 ac. Dry) Zoning Dbtrkt: LR-1 A, 2.0-acre Single Family Lakeshore Residential Application Summary: The applicant proposes to combine and re-arrange the lot lines among three existing tax parcels to result in just two tax parcels. The 21-acre parcel contains an existing residence structure, guest house, bam and various outbuildings. The easterly of the existing smaller parcels contains a cabin; the westerly of the smaller parcels contains a variety of small outbuildings near the lakeshore. The intent is to I) combine the two smaller parcels into one 5-acre building site; 2) then rearrange the lot line between this combination and the 21-acre parcel to straighten out that common lot line; and 3) formalize a driveway easement through the 21-acre parcel out to Old Crystal Bay Road to serve the 5-acre parcel. List of Exhibits A - Survey: Lot Line Rearrangement/Easement Proposal B - Application C - Letter to Applicant 9-14-05 D - Code Excerpts E - Airphoto F - Plat Map G - Propelt> Owners List H - Prior Resolutions 1 - Septic Sn stem Information C ‘Li i d MS-31M October 12,2005 Page 2 Pertinent Code Sections 1.78-30S(b): LR-1A Lot Standards The following minimum requirements shall be observed: Lot Area (acre)Lot Width (feet) 200 Front Yard (feel)Side Yard (feet) Side Yard Adjacent to Street (feet) Rear Yard (feet) 2. 78>1370(3): Back Lot Standards (See Exhibit D) 3. 82*2: Subdivision Definitions (See Exhibit D) 4. 82-15: Subdivision Classifications (See Exhibit D) Pbt VS Metes and Bounds Division Applicant is proposing a combination and lot line rearrangement involving 3 tax parcels, with the result that three existing parcels become just two parcels. Staff has reviewed this application with the City Attorney and the applicants, and it was concluded that this could not be done administratively; even thou^ both resulting lots are compliant with LR-IA minimum width and area requirements, a variety of other zoning and subdivision standards come into play. This reconfiguration of existing tax parcel boundaries essentially creates a new lot. The 5-acre parcel is considered as a back lot, and this triggers the need to create a format 30*- wide outlot corridor for access, in order to be in compliance with the zoning standards. Section 78-1370. Creation of the driveway easement is by definition a Class 1 Subdivision per 82-15(a), and therefore could not be handled administratively. Further, on the basis that the resulting 5-acre lot is in fact a ‘back lot* by definition (See 82-2. def. of "Back Lot*’), the back lot ordinance requires access to be established via an “access outlot ” per 82-252(c). Creation of an outlot. as opposed to merely an easement, requires that this two-lot proposal should technically be a plat subdivision, not merely a lot line rearrangement as proposed. The applicant's surveyor has apparentl) concluded that the County will accept this as a metes and bounds combination/division, rather than requiring a plat or Registered Land Survey (RLS). which would result in legal descriptions being Lot or Tract numbers rather than long, cumbersome metes-and-bounds descriptions as proposed. If the County requires this be an RLS. the easement will likely end up as a separate Tract. #05-3160 October 12,2005 Page! In staffs opinion and that of the City Attorney, the zoning code suggests that this proposal requires platting. However, platting brings into play a variety of other factors, including park dedication, storm water and drainage trunk fees, septic testing, wetland delineation (which has been completed), etc., all of which add complexity, time, and costs to the review/approval process, which the applicant wishes to avoid. Applicant's position is that he is merely combining two existing buildable lots into one (doesn't require City approval in the normal case), then doing a simple lot line rearrangement to straighten out the resulting lot line (i.e. a Class I subdivision allowed via metes and bounds if each lot is 5 acres and has 300* of frontage on a road or private easement, which both will after the easement is created), and creating an easement to get access to the resulting lot (which in itself is a Class 1 subdivision). The only apparent fly in the ointment is that the back lot ordinance requires a planed Outlet, rather than an easement, for access. Compliance with Zoning Code Standards Lot area and width are not an issue; LR-1A area and width standards are met. Hardcover is not an issue, except that there are existing structures in the 5-acre lot within 75 ’ of the lake - how should these be addressed? Lot coverage is not applicable, as each lot exceeds two acres. Average setback is not an issue, since the cabin on the new 5-acre lot does not establish any changes to the average setback line for the adjacent Hoyt lakeshore property on Linle Orchard Road, although replacement of that cabin with a home further north on the parcel could negatively impact the future average setback for Hoyt. The City has no information regarding the septic system for that cabin. Applicant should be asked to address his intent for all the structures on the 5-acre parcel. Guest House, Horse Barn, Easement Impacts The 21 acre parcel contains a residence, a caretaker house, and a large horse bam with a caretaker apartment. The caretaker house was granted a CUP for guest house use and additions in 1986. In 1992 the then 4.432 s.f. horse bam was granted a variance to expand to 5.168 s.f. where the Oversize Accessory Structures ordinance would have allowed onl> a 3.000 s.f. building, based on the site being 23 acres (the west smaller lo: was included in that area: the east smaller lot possibh had not yet been acquired by applicant). i ■: W5^160 October 12,2005 Page 4 Also in 1992, a CUP was granted for renovation and use of the caretaker apartment in the bam. City records indicate the caretaker house is connected to a conforming septic system, but do not indicate how or whether the caretaker apartment in the bam is connected to that system. The proposed 30* easement will extend to within a few feet of the horse bam, and to within about 35* of the caretaker house; if this easement is required to be a platted Outlet, the SO* required setbacks from the Outlot will not be met. The code does not specify a minimum required building setback from an easement driveway, although it should, as this has been an issue on other properties... Septic Capability The 21 acre parcel has conforming mound septic systems, and potentially a wide variety of options for replacement sites if needed. The 5-acre lot would appear to have topognq>hy suitable for septic systems, although no testing has been provided. If this has to be a plat, septic testing should be provided to confirm adequate sites on each parcel. The entire property is within the MUSA; if the 21 acre parcel were to be further subdivided into 2-acre lots, it might be most appropriate to bring municipal sewer to the property. Issue for Consideration 1. Does Planning Commission conclude that a plat is required? Or, would Planning Commission recommend waiving the platting requirement because of the various implications, such as creating substandard setbacks, subjecting the applicant to park and stormwater fees, requiring septic testing, etc.? 2. Does the reduction in area of the large parcel to 21 acres affect how PC would view the prior variance for the horse bam as an Oversize Accessory Structure exceeding the allowable size limit? 3. Resolution No. 3072 states that if the property is subdivided at a future date, the bam caretaker apartment CUP automatically expires and the owner must apply for a new guest house CUP... does this subdivision proposal trigger this condition, or was it the intent to only require such a CUP renewal if the property on which the bam sits gets significantly smaller...? 4. What should happen with the structures on the 5-acre parcel that are less than 75 ’ from the lake? 5. Other issues for discussion? i M»i6a October 12,200S PofcSmStaff Rccommendatioii It is staff's opinion that this should be a plat based on a strict interpretation of the zoning and subdivision codes. Planning Commission should address the issues noted above. If the conclusion is that this must be a plat, with all the implications noted above that come along with a plat, then the Implication should be tabled to allow the applicant to bring back a preliminary plat drawing, showing specific setback impacts, etc. I If the conclusion is that platting and the associated fees. etc. are not appropriate, and that the applicant's combination/rearrangement/easement program is acceptable, the reasons for such a conclusion should be noted, and Planning Commission should then consider whether the easement as proposed is acceptable, and whether the nonconforming accessory buildings in the 5>acre lot should be removed or relocated. ..-1 'I SSiiS --- •* - .*•;**• ■ • •. ‘ ^1* I '.4: . /• •• • •••4 ■•ri. ::mm u r.ft, ,'»* \ • V. V'-; ■ ■ ■ ' o'- 'PROPOSED LOT LINE REARRANGEMENT FOR JUDSON & ELISABETH DAYTON IN GOVT LOT 1, SEC. 4-117-23 & IN GOVT LOT 7.SEC. 9-117-23 HENNEPIN COUNTY. MINNESOTA Mfcomar or I4l K And. tub. Noi 230 ui ^ MtfioMionpliierfAIIVIEW % ^ I P l»ffl« •ou«ilnoorLo(34.Aud.Otfb No. 230 M ihoiiin on pi«l of FAPView •toomorofMUll. m V •oc 4-117-23 .9. ^,2^-3' P: E)BfT«« LF3AL OCSCRlPtlCN COM6IMNOPAMXLSA.B,ANOC _ _ TDOI Offt Of kM If 01 AodMfl lilbJMNOW No 710. Hwnoo*" Coorff. of Oovonw»«OU»r.OiiiOO»O.Toi«lilp1l7 »Unoo21.d«onbwMlooow* BogOwO^iM •outtInoofSeiMof NoNhlntorOoViLoi ^ i 7. 8oc 3-117-23 ^ EXISTING PARCEL A i NOnCKnir 462.10 PMN302 ai3 Oouffiof tMNonMnooN462 00t 1AM oltio EM m« of 3o/1 L01 7. •tc 3-117-23 ... V, r 1.'. '•-* (NMt 302 01 M IMP Of mt Nonn int M 402 00 fool VMI of IM Oo^oowionl LN T. MM EM o«MI Ml M Nonft bno of IM U* 7 0 OMneo Of 402.00 IM lotnoEMtfiotfitMLoiT. MCO Nono MIQ 0*0 EM too Of to« GOMlWOm L0< ^0 ONMOO of 302.11 M to M No»MM oomof Md Lot. Oionco coMiMe Nortn M NonnoodSouOiooMinoofBooMio. ToioM>» ht. miqo 23. a Mooco of 2i< 7liMMOon M »o EMorty OMMO of BIO 30M Ino of Lof 34 tt obovo mooiloood Am^ SwOMiMi No 230. itonnopm CoufOy. 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Lpw MMnoionao: awnoo Seuawaawny aioao aw afwro to aow wm w at onerweaeo «40i 0 ww owM en a aaaang to floitoi 24 dagwaa 30 mmuiaa 33 aoeonoa vwtii tram aw fom to doonvng. owoea Norm 24 dognaaa SO irtMoa 33 aooanoa EM to 9w powt to eagwwng ■ a 2 ^aff-S UJ * Jfloiiu is § ib! <0 > ‘§h:p6g- Vi ipill H N. |!Si • V .vvVtiiin \wA city of Orono Subdivision Application &r99t AddiBss: 2750 KsKey Parkway Orono, MN 55356 Application#3/L2O dlu'l’riJ Main: 952-249^0 fax: 952-249^16 Mating Addnsa: P.O. Box 66 Cryttal Bay. MN 55323-0066 This application form must bo completed in full Date Received: Amount Paid: ( cCC\ t c cn Staff: t*': Foe: Z1 Renewal: PROPERTY INFORM^ON: ^ 9XiS QUO A avSKe Address; Property rdentificatlon Number (PIN): in >- - n.i ■■ OOP ) ^ <DOZ)<4 5 (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): _______M Abstract or □ Torrens, please check one Present use of property; * Residential □ Other ____________________________________ Zoning District: fJ^________ Email; legal names and marital status required for each interested party) ToPhone (work): ?5av fax. <r^-t/77 OWNER IN Name __ Phone (home Address Email marital status A*4 V Phoneiwork): interested party) ua EXISTING LAND USE: Number of Tax Parcels: Development Size; F«: /3 • ■•SV ^ 3 Acres Dry Land Acres Wet Land T~ Acres TOTAL, all parcels Present Use (check one) 18 Residential: Number of Units:□ ___ Present Zoning District Proposal: □ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) □ Subdivision for New Building Sites Number of Building Sites ^ Existing Units New Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Total Units Units per Acres ^ Square Feet Dry Buiidable Land ^ Residential Other (specify) _______________ -10- ?* *'/• J ‘ a* 'fy V ■ . 1^ i ■i I^NiyUM MAT^L WEQUIRED FOR C EUimiARY APPUCATIOW 1. Payment Of fM$(r*fer to "application few" lifted below), 2. Completed application form. 3. Preliminary plat Irrformatlon on Certificate of Sun/ey. « ^ « C«fti1ltd Proptrty Owners List of owners within 350' (you must obtain this list from Hennepin County Department of *• Finance, Government Center. A^03 300 South O* Street. Minneapolis, telephone 612-348-5910). As an addendum to this application, please attach a separate list of any other persons you wish notified of this ^ application. 2. Signed CoftWcate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. APPUCATIQM FEES (Zoning Administrator to check [X] those vrhich apply) A. Application Base Pees: Sketch Plan Review (Class I. II & III) $350.00 ~V~ Subdivision of a Lot Line Rearrangement $600.00 ' Subdivision Application (Class I & II) $600.00 ------ Preliminary Subdivision Application $750.00 + $30.00/lot (Class III & all non-residential) Final Plat Application (Class III) $250.00 ___Legal Review and Filing: Subdivision only $140.00 Subdivision w/easements and covenants: minimum $280 00 any additional TOTALS Park Fees (to be determined per Section 82-227) Legal and Engineering Review Fees (as incurred) Renewal of Class!, II, & III Subdivision and of a Lot Line Rearrangement Application $300.00 B. Special Improvement Fees. Proposed Private Roads $650.00 * $.50 per lineel foot Proposed Public Roads $950.00 ♦ $.50 per lineal toot lin. It. X .50 * $. lin. ft. X .50 ® $ Request for City to Accept Existing Private Roed $950.00 Proposed Sanitary Sewer Mein Extension $275.00 $25/stub Proposed WMermain Extension $275.00 * $25/stub Proposed Storm Sewer System (excluding culveils) $250.00 On-SIte System. Site Evaluation Review (applicable to rural subdivisions) $60/per lot x__new lots C. Ftexlbte AppHcatlon Fees/Miscellaneous Feee Variance $600.00 Vacation of Public Road $75 per benefiting property ($600 minimum per application) Easement Vacation Associated with a Subdivision $100.00 ___PRD Application with Subdivision $35.00 per dwelling unit The applicant hereby agrees to provide all information required or requested by Planning Department Staff. City Engineer. City A*torney. Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant’s Signaturs: Owner’s Signature: Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting Planning Commission meetings are held on the third Monday of each month. Appliwnts must be present at all scheduled review meetings of the Planning Commission and Council If an 3pplicdnt is unsbis to 3tt6nd 3 sch6dul6d mooting, piosso moko orrsngomonts to hsvo sn authonzo agent attend in your place and to advise the City Planner assigned to your project of this change prior to the meeting. c T• 9 O Oa i: -,*. CITY of ORONO\m- /Municipal Ofllccs Stwl mwii; 27SO Ktllcy Partway Orono. MN 55356 iaiiiiV Iddratt: P.O. Box 66 Crystal Bay. MN 55323 0066 September 14,2005 Judson Dayton 825 Old Crystal Bay Road South Wayzata, MN 55391 Re: Subdivision Potential, 825 Old Crystal Bay Road South Dear Mr. Dayton: You have provided me with a surveyor ’s sketch of a potential subdivision of your properties at 825 Old Crystal Bay Road South (reference drawing by Gronberg & Associates dated 7*11-05). I would offer the following comments: 1.The property encompassed by the sketch includes 3 unplatted tax parcels (09-117- 23 21 0001; 09-117-23 21 0004; and 09-117-23 21 0005) plus Lot 3, Block 1, Little Orchard, which is not part of the subdivision proposal. The sketch proposes 10 single-family building lots to be served by a proposed cul-de-sac road extending westward from Old Crystal Bay Road. Under current OroiK) zoning, this would be developed as a paved private road. The sketch proposes 4 non-lakeshore lots northerly of the private road, and 6 lakeshore lots southerly of the private road. 3.The property is zoned LR-IA, Single Family Lakeshore Residential District. Each proposed lot appears to contain the required 2.0 acres of dry buildable land per the LR-1A standards. Each of the 6 lakeshore lots appears to meet the required 200' of lot width as measured at the shoreline and at the 75' lakeshore setback line. Each of the 4 non-lakeshore lots appears to meet t’ne required 200 ’ lot width at the 50 ’ front setback line. 4.Each of the 10 proposed lots appears to have a location for placement of a single family residence meeting the required LR-1 A setback standards (lakeshore - 75 ’; front - 50 ’: rear - 50 ’: side - 30': side street - 50 ’). Telephone (952) 249-4600 * Fas (952: 249-46x6 M.cj.orono.mn.us 1 Judson Dayton September 14,2005 Page 2 5. ti i I i j Factors that would impact the potential house locations within individual lots include: a)Location of primary and alternate sewage treatment system sites if the {Mrq)erty is develoj^ without municipal sewer. Because the property is within Ae Metropolitan Urban Service Area (MUSA) the property is eligible to be developed with municipal sewer, which would have to be extended to the property. It is undetermined as of this writing whether the existing sewer line within Little Orchard Way could be extended across Lot 3, Little Orchard, or if service would have to be extended along Old Crystal Bay Road from the south to the property boundary. Note that municipal water is not available in this area of Orono, hence each lot will require a private well. The location of wetlands shown on the sketch as delineated within proposed lots 1,2, and 7 Under the City’s recently adopted wetland ordinance amendment, at the time of suMivision application, these wetlands would be subject to a Functional Assessment to determine their protection classifications. Based on the results of that assessment, buffers ranging from 16.S ’ to SO* in width around the perimeter of each wetland, in addition to a 20’ structure setback, would be established for each wetland. The average setback line based on the location of existing residence structures on the adjacent lakeshore lots would have a potential impact on proposed lots 5 and 6. It would be staffs recommendation that the location of the average setback line be formally established for each new lot at the time of subdivision, to avoid issues caused by individual homes placed significantly landward of the 75’ lake setback line. The existing horse bam and house located within proposed lots 2 and 3, as well as all other accessory structures on lots without an existing residence structure and all accessory structures in non*conforming locations, would have to be removed at the time of subdivision. e) No stormwater ponding has been proposed, and such ponding will undoubtedly be required as part of the subdivision process. It is not known at this time which lots would be affected. •A - i 1 Judson Dayton September 14,200S Page 3 Development Fees (in addition to application fees) required to be paid to the City at the time of subdivision would include the following: Park Dedication. The Park Dedication requirement is 8% of the land or a fee that caps out at $5,550 per new dwelling unit. Assuming the existing house on proposed lot 7 remains, the subdivision would pay the park fee for 9 lots (9 X $5,550 = $49,950). There is also a potential that the City would require dedication of a trail easement along Old Crystal Bay Road, as the City intends to eventually complete the trail connection from the Luce Line to Norenberg Park. Storm Water & Drainage Trunk Fee at a rate of $2,770 per acre for the entire development acreage. Total property area per Hennepin County tax records is approximately 26.5 acres (26.5 x $2,770 * $73,405). Sewer Connection Charge. It has not been determined whether there would be a Sewer Conection Charge (typically based on the original unit costs of the existing sewer system into which the new development will be connected). The proposed 10>lot development as laid out is somewhat ambitious, and I would not be surprised if after all development parameters are taken into consideration, something less than 10 lots is the result. However, within the scope of this review. 10 lots might be feasible. Two«Lot Option . You also provided a secondary layout which would leave the bulk of the property in a 21-acre single large parcel, plus a second parcel of about 5 acres resulting from combination and lot line rearrangement in the area of your two southerly tax parcels (09-117-23 21 0004 and 0005). It is unknown whether these tax parcels are legally accessed from Old Crystal Bay Road via an existing easement. If not, the creation of such an easement technically requires a subdivision process per Orono ordinances. If such an casement exists, it likely docs not reflect the proposed legal description of the combined new 5-acre parcel as depicted, hence this results in the nerd for revising the easement which would require suMivision approval. Further, the 5-acre parcel is considered as a back lot. and reconfiguration of existing tax parcel boundaries would trigger the need to create a formal 30'-wide outlot corridor for access, in order to be in compliance with the zoning standards. My conclusion is that your two-lot proposal would have to be a plat subdivision, and could not be handled administratively. ■i!r! 1 F; Judson Dayton September 14,2005 Page 4 I hope that this information is helpful. If you have any questions, please feel free to contact me at 952>249>4600. Sincerely, / / Michael P. Gaffron Planning Director ■mm . '■< *«>»' » 'I ZONING REGULATIONS i 78-1370 sjK Sec. 78*1370. Special standards for back lots created after January 1,1994. Back lots which were created as part of a subdivision that received preliminary subdivision approval after January 1,1994, are subject to the following special requirements in addition to the standards required in section 82-256: (1) Dimensional standards for back lots shall be as follows: a.Lot area shall be 150 percent of the zoning district requirement. b.Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the front yard setback line of a nonlakeshore back lot, shall meet the zoning district width re­ quirement. The street yard or front yard for any back lot will be a yard starting w^re the narrow access outlet corridor ends and the lot be­ gins. Lakeshore back lots shall meet the lot width standard at the shore­ line, at the lakeshore setback line, and at the street yard setback line. c.The depth of the required street yard or front yard shall be 150 percent of the zoning district front yard require­ ment. Ihe required side yard and rear yard depths for back lots shall be 150 percent of the zoning district yard requirements. The required lakeshore yaM of a lakeshore back lot shaU meet the zoning district lakeshore yard requirements. (2) A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards; except that the required side yard of the front lot adjacent to the access outlot shall be equiv­ alent to the side street yard requirement for that zoning district. _ Access requirements shall be as follows; Access outlets shall be 30 feet mini­ mum width, and shall be wide enough to accommodate drainage, snow re- a moval and screening without en ­ croaching on neighboring properties. b.In approving front/back lot divi­ sions, the city may require that both front lot and back lot share a drive­ way access within the access outlot if the council determines that creating an additional access to the existing street will be a potential safety haz­ ard. c.Driveways within a back lot shall be located at least ten feet from the side or rear lot lines of adjacent lots. No more than two residences may be served by a driveway located within an access outlot. No access outlot may be platted abut ­ ting an adjacent access outlot except when the intent is to combine the two access outlets for creation of a public or private road meeting city standards. Screening requirements shall be as fol­ lows: a.Driveways constructed in access outlets shall be adequately screened by fencing or vegetation at the dis­ cretion of the city, at all points to the rear of the required street yard of the front lot, so as to eliminate in ­ trusion of vehicle headhghts into the side or rear yard of adjacent lots. The street yard of the back lot shall be adequately screened by fencing or vegetation at the discretion of the city, so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots Accessorj' structures shall adhere to all requirements of tins chapter, with the following additional requirements: a. Accessor.' structures within a back lot shall be allowed no closer than ten feet to a neighbonng property ’s side or rear vard. CD7S;201 ^2''2' SUBDIVISION REGULATIONS SS2-2 MW. Ps 1 I J Roadway right-of-way width means the dis* tanoe between property lines measured at right an^es to the centerline of the roadway. Salt and Itaat mean any immediate or future transfer of ownership, or any possessory interest in latui, including contract of sale, lease, device, intestate succession, of an interest in a tract of land or part of such tract, whether by metes and bounds, deed, contract, plat, map, judicial decree or other written instrument. Lease of land for agricultural purposes, which land does not in* dude the use of or future construction of a build­ ing, is exduded. Sedtaeh means the minimum horisontal dis­ tance between a structure, system or facility and a natural feature, property line, right-of-way line, ordinary high water level, structure, system or other fadlity. Sewage treatment eyetem, on-site, means a de­ vice or series of interconnected components de­ signed, installed ami maintained for the purpose of safely treating and disposing of sewage and domestic waste, whenever such system is not part of a municipal sewerage S3rstem. (1) Individual system means a system serv ­ ing an individual building, typically a sin^e-fhmily reawlence. (2) Collective eyetem means a system serving two or more buildings, typically induding in^vidual septic taidts connected to a common soil treatment and absorption area. (3) Commercial system means a system serv ­ ing any nonresidential building. Screening means a manmade or natural visual barrier of a type that will form a jrearround dense screen. Shade trsi means a tree of approved spedes and size. Shoreline means a line denoting the ordinary high water elevation of any lake, stream or other body of water, which ordinary high water eleva­ tion shall be as esUblished by the Minnehaha Creek Watershed District, department of natural resources, or any other agency, whichever eleva­ tion is the highest. f Single ownership means ownership by the same person, corporation, firm, entity, partnership or unincorpwated assodation; or ownership by dif­ ferent corporations, firms, partnershipe, entities or unincorporated assodations, in which a stock­ holder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated assodation. Slope means vertical distance in feet per 100 feet of horizontal distance. Street means the same as Roadways. Structure means anything which is built, con­ structed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water. Subdivider means any person who; (1) Has an interest in land, who causes it, directly or indirectly to be divided into a subdivision; (2) Directly or indirectly sells, leases or de- vek^, or advertises for sale, lease or devdopment, any interest, lot, parcel, site, unit or plot in a subdivision; (3) Engages directly or through an agent in the bxisiness of selling, leasing, develop­ ing or offering for sale, lease or develop­ ment a subdivision or any interest, lot, parcel, site, unit or plot in a subdivision; or (4) Is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing Subdivider's agent means any person who rep­ resents or acts for or on behalf of a subdivnder in selling, leasing or developing, or offering to sell, lease or develop, any interest, lot, parcel, unit, site or plot in a subdivision. j.................. Subd ’'iision means the separation of an area, , parcel or tract of land under single ownership into I two or more parcels, tracts, lots or long-term ! leasehold interests, where the creation of the CD82:9 1^ AW_________ 182-2 leasehold interest necessitates the creation of streets, roads or alleys, for residential, commer ­ cial, industrial or othor use or any combination of such uses, except those separations: (1) In which all the resulting parcels, tracts, lots or interests will be 20 acres or larger in site and 500 feet in width for residen­ tial uses and five acres or larger in size for commercial and industrial uses. (2) (3) Creating cemetery lots. Resulting from court orders, or the a4just- ment of a lot line by the relocation of a common boundary as long as each of the two resulting lots meets the requirements of chapter 78. State law retawace—Similar proviaion*. Minn. Stat I 482.352. Bubd. 13. I ; Surface water management plan means a com ­ pilation of policy statements, goals, standards, maps and action programs for guiding the future hydrological and hydraulic development of the watersheds and subwatersheds, water storage areas, drainageways, floodways and filtration sys­ tems of the city to control surface water runoff, flood hazards, flood damage and general water quality within the city and its environs, including lakes, streams, wetltmds, marshes, natural wa­ tercourses and storm sewer systems or facilities. Temporary improvement means improvements built and maintained by a subdivider during construction of the subdivision. Thief and subject tract mean the parcel of land comprising all the contiguous land owned or con ­ trolled by the subdivider and included in whole or in peut in the subdivision. Transportation plan means a compilation of policy statements, goals, standards, maps and action programs for guiding the future develop ­ ment of the various modes of transportation of the city and its environs, such as streets and high­ ways, public transit, railroads, air transportation, trucking and water transportation: and includes a majo*" thoroughfare plan. gtat* law rafercBc*—Similar provisioni. Minn. Stat § 482.352. Bubd. 7. Water system, individual, means a water sys­ tem which may include supply, treatment and distribution which serves only one lot (e.g., pri­ vate well). Water system, private community, means a wa­ ter system which may include supply, treatment and distribution facilities, establi^ed by a subdi­ vider to serve two or more lots, which sjrstem is independent from the public water system. Water system, public, means a water system which may include supply, treatment and distri­ bution facilities owned and maintained by the city. (Code 1984, § 11.03; Ord. No. 101 2nd series, § 4, 2-24-1992; Ord. No. 122 2nd series, § 1, 12-13- 1993) Crotf rence—Definitions generally. { 1-2. Sec. 82-3. Scope. Subdivision and platting of land in the city shall be regulated by this chapter. (Code 1984, $ 11.01) Sec. 82-4. Policy. (a) It is the policy of the city to consider the subdivision of land and the subsequent develop ­ ment of subdivided land as subject to the control of the city pursuant to the official comprehensive municipal plan of the city and this chapter fot llie orderly, planned, efficient and economical de^-e1• opment of the dty. (b) Land to be subdinded shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Land shall not be subdi%'ided until aviulable [mblic and private fa­ cilities and improvements exist and proper provi ­ sion has been made for drainage, water, sewerage and capital improvements, such as schools, parks recreation facilities, transportation facilities .ind other public improvements. (c) The existing and proposed public and pri­ vate improvements shall conform to and be prop ­ erly related to the proposals shown in the com ­ prehensive municipal plan of the city, and it is intended that this chapter shall supplement and CDS2:10 V SUBDIVISION REGULATIONS $ 82-15 tract for deed, purchase agreement, registered land survey or easement rhall not be permitted except after full compliance with this chapter. (d) Notwithstanding any language to the con­ trary, a subdivider may execute a purchase agree­ ment which provides for the sale ^ a proposed lot or parcel, which lot or parcel will not legally exist until aftm full compliance with this chapter, as long as the purchase agreement provides that if the city does not approve the subdivision, all earnest money paid shall be refunded to the purchaser and includes all disclosures required by state statutes. (e) Any person who sells or transfers a lot in violation of this chapter shall be guilt> of a misdemeanor. (0 No building permit or certificate of occu­ pancy shall be issu^ for any parcel or lot of land which was created by sul^vision and not in conformity with the provisions of this chapter, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this chapter. (g) No subdivision shall be entitled to be re­ corded in the county recorder’s office or have any validity until the subdivision has been prepared, approved and acknowledged in the manner pre­ scribed by this chapter. The office of the county recorder shall not file or accept for filing any subdivision of land unless it is accompanied by a certified copy of the resolution of the city approv­ ing the subdivision. (h) Every person who violates any provision of this chapter when he p>erforms an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or de­ clared unlawful, and upon conviction thereof, shaU be punished as for a misdemeanor except as otherwise stated in specific provisions this dtap- ter. (Code 1984, §§ 11.02(4KB)-<4KD), dlKB). < llKlX 1), 11.991 Stau law raferencM—Authority to rtqulrt platting. Minn. SUt f 462.358, tubd 3a; mtncuont on convayancos, Mmn. Stat. f 462.358. tubd 4b. Sec. 82-14. Civil enforcement. (a) Any subdivider or subdivider's agent who conveys a lot or parcel in violation of this chapter ahall forfeit and pay to the dty a penalty of not less tl^an $100.00 for each lot or parcel so con­ veyed. (b) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter to prevent unlawful con­ struction, to recover damages, including attorney’s fees, to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addi­ tion to the penalties describe above and provided in state statutes. (Code 1984, § 11.02(11X0) rSec. 82-15. Classifications. For purposes of this chapter subdivisions are classified as follows. ! (a) Class I subdivision. A class I subdivision be exempt from platting by the city and ftmll be permitted subdivision by metes and boimds description described by a registered land sur­ veyor if it meets one or more of the following criteria: (1) The subdivision results in no more than two buildable lots where each resulting lot meets or exceeds five acres (217,800 square feet) of land, and each lot has at least 300 feet of frontage on a public roadway which has been accepted and opened by the city or on a private roadway open to travel or vehicular use pursuant to an easement between persons or be­ tween persons and the city, and where no flexible zoning application or extension of municipal utilities is involved; I (2) The subdivision is a division of property previously combined for tax purposes; or (3) The subdivision consists only of the cre­ ation or alteration of a public or private easement for any purpose. V ^ CD8213 S82-1S ORONO CITY CODE (b) Class tt subdivision. A class II subdivision shall be a plat and may qualify for a limited review procedure establi^ed in this chapter if it meets all of the following criteria: (1) The subdivision results in no more than two buildable lots, one or both of which are leas than five acres (217,800 square feet) of land or one or both of which have less than 300 feet of firontage on a public roadway whidi has been accepted and openedby thedfyoron aprivate roadway open to travel or vehicular use pursuant to an easement between persons or be­ tween persons and the city; (2) The subdivision involves the vacation or dedication of public roadways or exten­ sion of municipal utilities: (3) The subdivision does not involve any flex­ ible zoning application; and (4) The subdivision may include the creation of outlots and easements for access, open apace, flowage, conservation, etc., in addi­ tion to the two buildable lots. (c) Class in subdivision. A class III subdivi­ sion shall be a plat which includes but is not limited to a subdivision which meets one or more of the following criteria: (1) The subdivision results in three or more buildable lots; (2) The subdivision invdves a flexible zoning application: (3) The subdivision involves the vacation or dedication of a public roadway; or (4) The subdivision involves the extension of municipal utilities. (Code 1984. § 11.03(66)) 1 Sec. 82>16. Conditions. Regulation of the subdivision of land and the attachment of reasonable conditions to the subdi­ vision of land is an exercise of valid police power delegated by the state to this city. The subdivider has the duty of compliance with reasonable con­ ditions laid down by the city for design, dedica­ tion, improvement and restrictive use of the land so as to conform to the physical and economical development of the dty and the city's comprehen­ sive municipal plan and to the safety and general welfare of the future lot owners in the subdivision and of the community at large. (Code 1984, i 11.02(9)) i Secs. 82-17 —82-45. Reserved. ARTICLE n. ADMlNlSTRA'nONAND ENFORCEMENT* Sec. 82-46. Enforcement. It shall be the duty of the zoning administrator to enforce this chapter and to bring to the atten­ tion of the city attorney any violations or lack of compliance with this chapter. (Code 1984, § 11.02(11KA)) Sec. 82-47. Fees and expenses. The subdivider shall pay all city fees required per the current city fee schedule, and shall fur­ ther reimburse the city for all the reasonable expenses it incurs in regard to the review and approval of the subdivision and improvements, induding but not limited to direct city payroll and overhead, costs, fees paid to consultants and other professionals, and the costs of printing, mailing and supplies. Mthin 60 days after the dty engineer has determined satisfactory comple­ tion of all required improvements in writing, the zoning administrator determine if the charges incurred by the city are in excess of the total fees paid to the dty. If the charges incurred by the dty exceed the fee payment, the subdivider shall pay to the dty the excess within 30 days after receipt of a statement. (Code 1984, § 11.70) Sec. 82-48. Variances. (a) Standards. Where the city finds that e» traordinary hardships or practical difficulties may result from strict compliance with the provisions of this chapter, other than the procedural provi­ sions, and the purposes of this chapter may be sen’ed to a greater extent by an alternative pro­ posal, the city may approve variances to this 'Cross reference—Adroinistrsticn ch 2 CDS2:14 3ITYC0DE ultimately astume tha raaponaibility for ita main* tenance and oparatioa upon isauanca of the car* tificate of Mtiafaetory completum Land uae plan maana a combination of policy atetamenta, goala, atandarda, mapa and action programa for guiding tha fotura development of private and public property. Tha term includea a plan daaignating typaa of uaaa for die entire city aa wall aa a apedidizad plan ahowing apadfic areaa or apacific typaa of land uaaa, auch aa raaidantial, commercial, induatrial, public or aemipublic uaaa or any combination of auch uaea. A land uae plan may also include tha propoaad denaitiaa for devalopment. Siata law ratwaaca fllmllir praviaioas, Minn. Stat I 462.363, aubd. 6. Lot a tract, plot or portion of a aubdivi* aion or other parcel of land intended aa a unit for the purpoaa, whether immediate or future, of tranafor of ownerahip or for building develop­ ment. Every idatted lot ahaU be a buUdable lot or an outlot. Lot arta, minimum, meana minimum area re* quired for each propoaad lot aa praacribod in chapter 78. In rural sonea not aerv^ by aanitary aawer, eadi lot muat contain a minimum of two aerea of contiguoua dry buildabli land cxcluaiva of wedanda. public and private ri^ta-of*way, vehic* ular or pedeatrian eaaementa, aurface areaa below the ordinary hi^ water mark of any aurfoce water or areaa at or below the floodplain elevation for a apedllc property. All rural lota muat comply with chapter 58, artide n. In urban areaa aerved by aanitary aewer, eadi lot muat contain contigu­ oua dry buildable land equal to the minimum areaa aa preacribed in chapter 78 or half-acre, whichever ia leaa (excluaive of public and private righta-of-way, vehicular or pedeatrian eaaementa, aurface areaa below the ordinary high water mark of any aurface water wedanda tnr areaa at or below the floodplain elevation for a specific property), and have legal accesa to the building site without enqroafihiBsnt of a wetland or floodplain area. - Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is consid­ ered to be a back lot when the corridor ia platted r ■ '^rT ' : ^ SUBDiyiSmBECj aa an outlot A separated lot ia considered to be a flag bt when the corridor is pbtted as part of the lot. When tha corridor b merely an easement over another lot, the separated lot is considered to be an easement back lot. ■Lot , bux ldatfliTmians a lot or combination of lots or outlota which meet all of the requirements of chapter 78 and this chapter for the intended purpose. Lot, corner, means a lot situated at the bter- section of two streets, the interior angle of such intersection not exceeding 136 degrees. Lot, front, means a lot abutting a pubhe or private road across which an outlot ^ been platted for aeceu to a back lot. Lot, outlet, means a lot which ia intended only for pubhe or private roadways, open space or other use, whi^ use must be restricted by the appropriate easement and which use must be approved by the dty at the time of final pbt approval The use of the outlot will thereafter be restricted by the appropriate restrictive covenant or open space easement. Lot width maanm tbo horizontal distance be­ tween side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to t^ front lot line. (2) For lots which abut a lake or tributary, at the shmlina measured in a strai^t line between the paints at which the aide lot lines intersect the OHWL, and at the required structure setback from the OHWL, measured in a straight Ime between the points of intersection of the side lot fines with the structure setback fine. Natural feature means any naturally occurring physical phenomenon, including lakes, streams, flowage areas, marshland, wetlands, floodplains, slopes, unusual soil pockets, and rock outcrop­ pings. Nonreeidential subdivition meana a subdiri* sion for which the intended use is other than residential, such as commercial or industrial I CDS2 i vW n :w^y” ‘^A /SV<‘ » w 4t '/^ b V^ f 'u /r 3 I^,#' ^ Sv , ‘ ?*■ ■ r-K\. 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(O'-r-i!- "/?*f h rt’^ \ ^ " , : v\ .y • «.-. .••■%:■ j^_I__ _ Mi*«y f«u> _ MDOOS KiiNUAir .*tf»'»au»s M onn7^JMK(o« Of AI>I)K ^11^4 I'AHVIIiW I.A VNLK NAMI- .XI’AYlk \MI/At)OK kaki ;n IIYDI-; iiAKkR KAKI N IIYDI; DAKEK iiN) vm SI S «2«l Mri.SMN S54U2 Ol'ADOK VNI K NAMI .XTAYI-K kMli/ADtlK .IX IMII72114INI07 2XM I’AKVII WLA K I IAIINI K A M M HOAKDMAN MK'IIAI.I. nOAKDMAN KA'IIIKVN'IAIIKIEK 2X11 I AKVirW'l A LONii I AKI: MN SSiSb 38 OIII77.334INIIO tM'.MJim 2<»27 l ARVII WLA VNI K NAME K G tlSA( IISI AMR SAC'IISI; ,XI'AVI k RIC IIAKI) A MARYI.YNNE SACIISE kMI VAIMlR 3«»?7 I AMVIEW I ANE lONIilAkliMN S.V336 ()l> AI>I>K VNI'R NAME iM’AVIR IXII/AIH)R ,3X (MII7714RH)08 H2« OHM RYSI ALUAV IU)S <i A II III 1ST Gl CHIUI: A lUIS T X20 (N l>CRYSTAL BAY Kl> WAV/A1AMN SS39I Ol* AIHW VNI K NAME ,XI*AYIR IMI7AIH)R 38 04II72.34.3(MII7 38 ADDRESS UNASSKiNED I REI S TO III l•RIVATI: HO ASSOC ITU I S TO III ASSOCIATION 27711 RAINI V RD WAV/ATAMN 53391 38 a9ll723|2«KW5 tOI'ADDK SMI OI.DCKYSTAI.IIAY RDS ANER NAME M I) El I WEIN A I: I.Ell.WEIN WEAVER MMTIAII. A El I7J5BETH11.1 .WEIN KMI/AIH)K X5UOIU CRYSTAL BAY RDS WAY/AIAMN 55391 4 ■ .............. IILlSINLI'IIX I.IJUIXI I I IVWI l.ivl I wiMU.Miwi* RROPliR l Y 0WN!:RS LIST 38 0411723330009 PROP ADUR 3051 FAR VIEW LA OWNER NAME DAVID J DELANEY TAXPAYER DAVID 3 A FRANCINF. K DELANEY NAME/ADDR 3051 FARVIEW LA IX3NOIAKEMN 55356 38 0411723340008 PROPADDR 2943 FARVIEW LA OWNi-R NAME C C SMITH A E W SMITII 1AXPAYER CHRISTOPHER A ELEANOR SMITH NAME7ADDR 2943 FARVIEW LA LONG I ARE MN 55156 3S 0411723340014 PROP ADDR 3060 FARVIEW LA OWNER NAME B P FLYGENRINO A V PIIAFS1 AD TAXPAYER BPFLYOENRINOAVPHAFSTAD NAME/ADDR 3060 FARVIEW U ORONOMN 55356 18 041172.3410012 PROP ADDR 2725 RAINEY RD OWNER NAME IIF KAIILER A E KAIILER TAXPAYER HFKAHLERAEKAHLEK NAMC/AODR 2725 RAINEY RD WAYZATAMN 5S39I IS 09II721I2000I PROPADDR 18 ADDRESS UNASSKiNED OWNER NAME OABIIUST TAXPAYER GEORGE A HL*ST NAMIVADDR 820OLOCRYSTAL BAY RD WAYZATAMN 5S39I II 0911721120006 PROP ADDR 870 OLOCRYSTAL BAY RDS OWNER NAME CSASHLANNOM TAXPAYER CHARLESS A SUSAN HLANNOM NAME/ADUR 870 OLD CRYSTAL BAY RDS WAYZATAMN S339I 4 . .1 .'V 38 04117233411002 I'ROPADDR 2879 FARVII.W 17V OWNER NAME J W LLOYD A A 3 LlOYD TAXPAYLR 3AMKS A AMY LLOYD NAME/ADDR 2«9 FARVIEW 17V LONG LAKE MN 55356 18 0411723340009 PROPADDR 2935 FARVIEW LA OWNER NAME SIlIHLEY 3 BILLKiMEIER TAXPAYER SHIRliiY BlI LKiMElER NAME/ADDR 2935 FARVIEW LANE lONGIAKEMN 55356 38 0411723430007 PROP ADDR 790 OLD CRYSTAL BAY RDS OWNER NAME ARTHUR M BLAIR FI AL TAXPAYER ARTHUR BITVIR NAME/ADDR 790 OLO CRYSTAL BAY RD WAYZATAMN 55191 38 0411723410014 PROP ADDR 2770 RAINEY RD OWNER NAME RICHARD K WYSOCKII: I AL TAXPAYER RK HARD ft APRIL WYSO( Kl NAME/ADDR 2270 RAINEY RD WAYZATAMN 55.391 18 0911723120002 PROP ADDR 840 OLO CRYSTAL BAY RD S OWNER NAME A3ELUS TAXPAYER A 3 ELUS NAME/ADDR MO CRYSTAL BAY RD WAYZATAMN 55391 31 09II7212I000I PROP ADDR 825 OLD CRYSTAL BAY RD S OWNER NAME JM ft E3 DAYTON TAXPAYER IU08ON M DAYTON NAME/ADDR TCF TOWFJIW60 MPLSMN 55402 I J kUNDAlT:WIW?UI5 3l*AUim 'Nl R NAMI; XPAYliR MI-/ADDR 3R UQi 1733210004 38 AmiKliKS UNASStONFI) J M OAYUIN A r J DAYTON JUOSON A hl lSABETtl DAVION TCFTOWF.R 8860 121 8THS1 S MPI.SMN 55402 i % Hk. a j 31* AiMIR ‘ /NLR NAMI: r j XrAYI-R MH/AOI3R 38 0911723210008 2870 lilTU: ORHIARD WAY K S AMS1TR A H AMSTI R Kk’VINS AMSI iiR 2870 U IT I F ORCHARD WAY WAY7.ATAMN 55391 38 09II7232III0II • * OI*ADDR 2845 I.I1TU: ORCHARD WAY /NI R NAMI: X3HN i lUilSCHHACKIiR irT AL xi»ayi :r IOHN^DAVFANNA fleishhackhr ' ML^ADDR 2845 LtITI F ORCHARD WAY WAY/AIAMN 55391 f'. / ■ k .. ! . 'uVi ••• .. .r < . " . X. m HENNLPIN COUNTY PROPtKl Y INI UKMAI lUN 5»rb I tM PROPERTY OWNERS LIST 31 09II7232I000S PROP AOOR 82$ 01.0 CRYSTAL BAY RO S OWNER NAME JMREJOAYTON TAXPAYER JUOSON M OAYTON NAMEJAOOR TCFTOWER8I60 MPLSMN 3S402 31 09II7232IU007 PROP AOOR 2850 UlTI^ORCIIARO WAY OWNER NAME JAMES K ft JANET M CARPENTER TAXPAYER JAMES KCARPEN1 PR NAME/AOOR 2850 LITTLE ORCIIARO WAY WAYZATA MN 55391 38 0911723210009 PROP AOOR 2U5 UTTLE ORCHARO WAY OWNER NAME J M OAYTON ft E J OAYTON taxpayer JUOSON DAYTON NAME/AOOR TCP TOWER «8M I2IS8THST MPLSMN SS402 38 09II7232I00I0 PROP AOOR 2865 UTTLE ORCHARD WAY OWNER NAME STEVEN B ft MICHELLE L HOYT TAXPAYER STEVEN B HOYT NAME/AOOR 2865 LITTLE ORCHARD WAY WAYZATA MN 55391 31 09II7232I00I3 PROP AOOR 38 ADDRESS UNASSIONEO OWNER NAME ANi O LAND DEVELOPMENT INC TAXPAYER AM O LAND DEVELOPMENT INC NAME/AOOR 3540 MONTGOMERIE AVE DEEPHAVENMN S539I I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPFARSTMS DATE ON THE OFTHE HENNEPIN COUNTY TAXPAYER SERVICffi UEPARTMENT?lrO XHie BES OF MY KNOWLEDGE AND BEUEF. g jl RDS ------ .V ft ‘ - —- ** . ... . . ’.-rr »i * *W:.:v > Vi >» ' - •?/- k*j. 5107S35 i City off OM,ONO RESOLUTION OF THE CITY COUNCIL NO. _________ ■ ‘ « »- v .i i; v >'- ' Tj»’ —A RESOLOTIOM GRANTING A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) PILE 01002 WHEREAS* Mrs. F. C. Lyman (hereinafter "the applicant drscribed as follov/s: (Per Exhibit "A" attached); also Icnown as P.I.D. #C?-117-23 21 0001; (hereinafter "property"); and WHVS2AS ♦•he aoolleant has applied to the City for a Conditional Minnesota; non, TBEREPORB, be it RESOLVED by the City Council of Orono, FINDINGS 1. Th.is applicaticr. v/as ;-cvicwed as Zc in? File *1C02. n-rttarty ;s Iz'- .zsc i Residential Zonin? Distrirt. Z.’.C J-.-v The prop.rtv c_or.i.»^_or Jh%”'’^u«rhou""U "noV^■r";iVu;l^^ .rjc n :-crnal conditional use oc-r.'^it. / o-v., r victim* «ur-c* ‘’cuso wjth th'j proposr-d additions meets all the requi rcmcrP.t s , li.ur t >./• r’Tnr.irq rr.n-.mi r;sion rev iewed the '■'• rVc;,lr.;r:.lc,l approval -ubloct to the the con.l-VVt;^ a-.,;,:.. h-.,r.c nay never ho u.-.cd an rental orr-.. f Th^ 'iiv 'V.ir.'-* ? h;.:; v'-t.n i d< i •. d •hi:- ] i ca i on ' Iindir,.-'. an.; .Of..:.. :'".’..ir.ct • r ,hv rrenooe,! one ‘ J.••».•■ ............................' V* I ~1 rc'.V y-M^City of OK,ONO /ci»:<„RESOLUTION OF THE CITY COUNCIL NO____ WP 7. The City Council finds that granting a Conditional Use Permit to allow the guest house use and proposed additions will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it dcprecirtc surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. mm CONCLUSIONS, ORDER AND CONDITIONS /.ased upon the above findings, the Orono City Council hereby grant • i. -nditionaJ Use Permit per Municipal Zoning Code Section 10.20, Subdit * .i 3 (G) to permit the guest house use of and additions to the existin '.est house structure located at 825 South Old Crystal Bay Road, subject wo the following conditions: 1, The guest house shall novc considered as a rental unit. iCnted out and may not be 2, Violation of or non~conpliar.ee with any of the terms and condi~ tions 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. 3. The undersigned applicant has road, understood and hereby agrees to the terms of this resciution and on behalf of himrelf, his heirs, successors and assigns, hereby agrees to the recording of this resolu'iion in the chain of title of the property. i i 1986.■■ » • « atti^ST: . ^Adopted by the Orono City Council on thin 13th day of .lanuary. f • '‘-'1/Dorothy M. I3a 1 lin, City C1 •:k I ^ ;-;a» y C. A.it. Jr . .vay o r T; ■.. ' Mav-j; ' V / (1) Property Owner ^ i;^ % M '/O. o\ 5905849 7/ GITYof ORONO •o- RESOLUTION OF THE CITY COUNCIL NO. 3072 ________ A RB80X.DTX0M GRAMTXHG A VARIAHCB TO MimiCZPAL SOMZHG CODE 8BCTZ0N 10.03, 80BDZVZ8Z0II 9 (C) A COMDZTlOilAL U8B PERMIT PER 8BCTI0II 10.23, 8DBDIVI810N 4 (A) FILES #1708 AND #1709 AND NBEREA8, Judson M. Dayton (hereinafter "the applicant") is the owner of the property located at 825 Old Crystal Bay Road South within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached to this resolution, (hereinafter "the property"); and NBBRBA8, the applicant has applied to the City for s variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit the construction of a 23'x32' addition to an oversized accessory structure at 4,432 s.f. where only a 3,000 s.f. oversized accessory structure is allowed and per Section 10.23, Subdivision 4 (A) seelcs approval of a conditional use permit to allow the renovation or restoration of a former caretaker apartment within the oversized accessory structure. Minnesota: NON, THEREFORE, BE IT RESOLVED by the City Council of Orono, ‘If!FINDINGS 1.This application was reviewed as Zoning Files #1708 and #1709. 2.The property is located in the LR-IA Lakeshcre Residential Zoning District requiring 2 acres in area, property consists of 23+ acres. The 3.The Orono Planning Commission reviewed this application on January 21, 1992 and recommended approval of the proposed variance and conditional ve permit based upor; the following findings: Page 1 cf 8 • nr. ■r.C* i IIONO TY COUNCIL "the applicant") is stal Bay Road South egally described as n, (hereinafter to the City for s Subdivision 9 (C) to 5r« to an oversized rOOO s.f. oversized LC.23r Subdivision 4 allow the renovation rithin the oversized ;ity Council of Orono/ ing Files #1708 and LR-1« Lakeshore acres in area. The this application on 5val cf the proposed ed ucon the folloving lO. O % llt'c i CITYofORONO RESOLUTION OF THE CITY COUNCIL NO.3072 -v;/ r/ Findings for application #1708-variance for addition to oversized accessory structure: a) The existing oversized structure at 4»432 s.f. has existed on the property for over fifty years. b) The property consists of 23+ acres. c) The existing oversized accessory structure meets all other required standards for an oversized accessory structure. d) The proposed addition will not require any setback variances . e) The proposal is consistent with the intent of the oversized accessory structure ordinance which was to limit the number of accessory structures on a property. £) The total area of the improved accessory structure at 5,168 s.f. shall not exceed the total area allowed for accessory stri^ctures on a property in excess of 9 acres at 6,000 s.f. Findings for application #1709 - conditional use permit for caretaker apartment: a) The existing guest quarters within the oversized accessory structure were installed when structure was built in 1906. b) The applicant proposes no additional expansion of oversized accessory structure with renovation of apartment . c) There is adequate area within the 23 acre parcel tc support a third residential unit. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally tc other property in this zoning district; that granting the variance would not adversely affact traffic conditions ; light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a Page 2 of 6 #r • • * o \ f. -l^esHO^ GITYof ORONO RESOLUTION OF THE CITY COUNCIL 3072NO. convenience to the applicantr but la necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve *. substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council finds that granting a conditional use permit to allow the restoration of the caretaker apartment within the oversized accessory structure will not be detrlmenti'l to the health, safety and welfare of the community. 6.The City Council has considered this application including the findings and recommendations cf the Planning Commission, reports by City staff and comments of the applicant and the affect of the proposed variance and conditional use permit on the health, safety, and welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONOUSIOHS, ORDER AND CONDITIONS Based upon one or more of tue above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow construction of a 23'x32' addition to the east side of an existing oversized accessory structure and per Section 10.23, Subdivision 4 (A) grants a conditional use permit for the renovation/remodeling of a caretaker apartment within the oversized accessory structure subject to the following conditions: 1.Applicant to execute a covenant for oversized accesscry structure to insure area needs if property is subdivided in the future. If property is subdivided at a future date, this conditional a S si ^ mm ^ ^ tma ma am mm 9 • ^ am mm ^ amm m a ima. ma m • imm amamaaimimmmmam ma am am a . am am m apply for a new conditional use permit for guest house/guest aoartment use. Pace 3 of 6 O 0\ S- •;• . CITYofORONO RESOLUTION OF THE CITY COUNCIL 3072 3.Guest apartment within oversized accessory structure is for the non-rental use of the owner/occupant of principal residence on subject property. 4.Upon application for a building permitr applicant shall provide septic testing and septic design^ for an on-site septic system to support plumbing facilities within oversized accesscry structure. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (February 10, 1993). 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. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. : ] I-^ ■■ Page 4 cf 6 1 i'-t, M ■ f f y- fo '^oxw * ^ [A 'V'. . *. V;,> .'it. > A, GlTYof ORONO f RESOLUTION OF THE CITY COUNCIL NO. 30'^Z________ Adopvw 4 by the Orono City Council on this 10th day of Februaryr 1992. ^ A' ^SSTt botothy (^Hallin/ City Cler Barbara T . Peterson, Mayor Qidkf/) pyoperty Owner'(s) !^Vi Ccrrih^'^^ sir> ~LV\ STATE OP MINNESOTA ) ) S8. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of February, 1992, by Barbara A. Petersen & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of •LfiC City. //..y (coraxv muo-wwniwt-^ Hsmcpm COUNT/' MV OOMMlWlON tXMV* S>I»-S» ^ Notary Public Pace 5 cf 6 i ■ /o o WA ,y, ^ h\ v;.» .w.. ^ ^'/y' pi_ %g^?* ^ CITYof ORONO RESOLUTION OF THE CITY COUNCIL 3072NO. I STATE OF MINNESOTA ) ) S8* COUNTY OF HENNEPIN ) e! V.. ,'Lll pubn/tltfin-^ftefe 199 ;2 “d * '^Trfknoww to m« to d« the person(i) descrioed id county/ personally U' /I f»'~in and who executed tne 1€ My commission Oxp.roa <J»12-W .00 iMINNBgQTAr>4**^ )sa. COUNTY OF HENNEPIN ) fc4 •V^ ''///. Notary Public On this /7^ ' ■-'> • __________-• ■ ^ b.«or. m. a t/otary ^uEItc wipin .n'J'!oJ .aid county, p«sonaj,iy ap/>€Ar€d day of /?? £ij"C 'h 199 :3 k?.w'm »« to*b« *iA« p«UonlrPj'«JSr2?e^ in'and whc executea tne forgoing in«rum.nt, and aeknowladgad that he (they) executed the same as his (thair) free act and deed. «OTA.^«#-lifNinOTA ^StM^lN COUNTY , Mr txpirrt 8-U*» h ■ / / Notary Public Pace 6 cf 6 4t. - m V ' if- V I/O. o\\\ -’i t> CITY of ORONO RESOLUTION OF THE CITY COUNCIL N0._i5ZL__ EXHIBIT A That part of Lot 35. lo Auditor'^ Subdivision No. 2X. Hennepin County, Kinneacta. and cf Government Uot 7, in Section 9. Townsnip 117 North. Ranse 23 Heat of the 5th Principal Me­ ridian. deacribed as follows: Beginning at a point 302.61 feet South of the North line and 4^2.00 feet West of the Seat line of aaid Government Lot 7; thence East parallel with the North line of said Lot 7 a distance of 462.feet to the Saar, line of a^id Lot 7: thence North along the last lloe of aaid uovernoent Lot 7. a diatance of 302.61 to the North­ east comer cf said Lot; thence ccntinaing North alo.-.g tne Norih and South centerline of Section 4. Township 117. Range 23, a distance of 216.7 feet to an intersection with the Saaterly erteesioo of the South line of U^t M in Above eertioned Auditor's Subdivision No. 230. Hennepin County. .linnemoU; theme# Heeierly along the Southerly boundary line oi aaid Lot 34 and extension thereof to toe Southwest corner of said Lot; thence Southerly along the extensioa of the Nest line of said Lot 34 to a point 1071.18 feet Southerly measured along the Weet line of said Lot *54 and the extension thereof, from the Northwest comer of said Lot 34: thence Westerly deflecting 81 degrees 06 einutea to the ri^t from last de­ scribed course. 159.66 feet; thence continuing Westerly, deflecting 2 degrees 30 micutea to *he ripit from fast eeserib^ course e distance of 124.65 feet; thence Southwesterly on a tangentlei •.*urve to the left with a radius of 388.66 feet, a distance of 193.75 feet to the pciat <jf compound curve: thence Southwesterly on a tangential curve tc the left with a ra­ dius of 212.81 feet, a distance of 160.52 feet; thence Southwesterly in a atrsignt line, tangent to said last described curve, t diatance of 2.69 feet to the Southerly line of aforesaid Section 4; thence Nest ilong the South line of aaid Section. 285.29 feet, asid last described point being the Soutneast comer of GovemDent Ljt I in said Seer ten 4; thence Southwesterly deflecting .35 degrees 17 ninutes to the left from said last described ccuram. a distance of 110.3 feet; thence Southwesterly deflecting 45 degrees*28 ninutee to the left from said last described course, a distarxe of 115.00 feet; thence Soornweaterlv deflecting 21 degrees 40 minutes to the right from said last described course, a diatance of 174.00 feet, sore or leas to the shore of Maxell's B#y. Lake ttlnnetcnka. thence South­ easterly along the shore of said lake to its iptersection with a line running Southerly parallel with the last line of above mentioned Government Lot 7 im said Section 9. from a point bearing South 12 degrees 54 ninutee 40 seconds Nest and distant 766.75 feet from the point of beginning, said last de;ieribed course being hereinafter referred to and designated as Tine XT thence North parallel with the Saet line of said Govenawnt Lot 7 to said polot# bearing South 12 degreee 54 minutes 40 seconds Nest and distant. 766.76 feet from said point of beginning; thenoe North 12 degrees 54 minute# 40 seconds last 769.76 feet to the point of beginning ssid isgt deacribed course being hereinafter referred to and designated as "Line Y"; excepting from above deacribed premises, the following described tract. (Here­ inafter sometimes referred tc as the excepted tract”) tc-wit: Beg;nnir.g at the same pcu:t of beginning as above demcribad; tkanc# Soutk 82 dagraaa io miiutvmm Waat^ 290.2 faat; thence South 35 degrees 05 minutes Nest, 194.4 feet: thence South 13 degrees 57 minutes Nest, 167.65 feet; thence South 5 degrees 23 mifiutaa Nest, 255.00 feet, more cr loss tc ..v shore of Maxwell's Bay, Lake Binostonka. thence Southeasterly along the shore of said lake to an intersecticn with said "Line X” hereinabove described; thence North along said ’Li.-isr >:*• to Its intsrisction with said "Line Y” as hereinabove described; thence North 12 degrees 54 sicutss 40 seconds Cast along said Line V. 766.76 feet to the point of beginning; ALSO That part of Government Lot 7 in Section 9, Township 117 North, Range 23'Naet of the 5tr. Principal Meridian, described as follcwa: Beginning at a point being 302 81 f#et South cf the North line and 462.OC fe-t Neat of tb- East li.ne of said Government Lot 7: themce Soutn 82 degrees 13 einutas Nest. 290.2 feet: thence South 35 degrees 05 minutas Nest. 194.4 feet; thence South 13 oegreee 57 amutes west, 167.65 feet tc t.na actual pciat o: oasinr.«r.a c:f the tract cf land tc be described: thence 13 degreee r~ ciiuitee last. 1«*".65 fe-t: tner.ee North 35 ctgreee 05 minutes East. 134.4 feet; thence Sert.t 52 oefress lo ainutes East, 192.2 feet; thence South 31 degrees ;7 Dtcutes it secc.-icj west. 261.^ fee ^tcenr- S*>utr. 13 oegrets 25 stnutes 37 se<^onas Nest. 167.58 f##t; ther.re Sc.irh **•’ cegrees 72 30 steends Nest. 236 I-i feet, thence due 2;uir. :c the sfic.*-- cf na.rv-11 ray. Laj'-e •*.;r.nttorjta; toenct Westerly along saic shor-l*.ne tc an intrjtc::::i -:tn a iir.e reari.ng *<,..3 5 degrees 22 mr.-tes Nest, f.-oe the actual ?c:r.t c: zei^r.r,:ng: t.*.e.nce - cegr^e» 22 3:a-ttj last zo the actual poi;.: rf segi.-.nics cf tni.** descr:at:he East >;r.e c: eaio Gc^er.nmec: Lst " :t a#eiJft#c *>c d4. • :a.,^ ' —r'-Tv .▼^7 • I ’ ^/rp7Tr XVXTEM INVENTORY Address: 825 Old Crystal Bay Rd. S. PID: 09-117-23 21 0001 Building Type residence BRs Install'd for: 4 In Musa: Yes Permit#: 6381 Date of Permit: 8/30/94 Installer: Sullivan System Type: mound Performance: no Tank Filter: <r- SYSTEM CONDITION Conformity:! Tank Condition: 5 DF condition: 8 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to Bldg: 25 edacity: 1500,1500,1500 Cesspool: no DRAINHELD Length of Lines: 110 # Lines: 3 Trench Width: 10 Treatment Area: 100*40 Type of Filter, rock,clean sand Soil Boring: ye.s Tile Size: 2 Under Tile: 9 PercRate: 10.1 Setback DF-Bldg: 200 DFHt above Wt: 3 Soil Type: sandy loam, loam, clay loa Limitations: water table WELL DATA Setbacks - Well-Tanks: Punq;> Type: subm. Well-DF: Depth: 130 Report in File yes Diameter: 4 Method: drilled INSPECTION RECORD DATE 10/12/95 m3/97 10/29/99 8/28/01 9/9/03 DESCRIPTION installation no surfacing code system, no surfacing no surfacing, pump tanks no surfacing,pump tanks 2C'^4 PUMPOUT RECORD COMPLIANCE DA TE GALLONS 1 10/1/97 3000 1 9/19/01 3000 code system / '*■ 'M oiol ^ ^ y h J CC). ^ 7a M Tx f XFPTfC SYSTEM ISVENTORI Address: 825 Old Crystal Bay Rd. S. PID: 09*11^23 21 0001 Building Type caretaker BRs Install'd for: 2 In Musa: Yes Installer: E. J. Peterson Co. Tank Filter: Permit#. 9009 Date of Permit: 5/15/87 System Type: mound Performance: no SYSTEM CONDITION Conformity: 1 Tank Condition: 5 DF condition: 8 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to B^dg: 20 Capacity: 1000,1000,1000 Cesspool: dkainfield Length of Lines: 120 # Lines: 3 Trench Width: 10 Treatment Area: 80*40 Type of Filter: rock,clean sand Soil Boring: yes Tile Size: 1.5 Under Tile: 9 PercRate: 8.1 Setback DF-Bldg: 60 DFHt above Wt; 3 Soil Type: loam, clay loam Limitations: water table WELL DATA Setbacks - WelUTanks: Pump Type: subm. 50 Well-DF: Depth: 120 INSPECTION RECORD date description replacement installation no surfacing no surfacing'pump tanks no surfacing'pump uuiks code system no surfacing, pump tanks no surfacing 5/15/87 7/21/88 10/17/91 8/13/97 10/29/99 8/28/01 9/9/03 75 Report in File yes Diameter: 4 Method; drilled PUMPOUT RECORD COMPLIANCE DATE GALLONS 1 5/5/93 1 12/5/94 I 10/1/97 1 5/4/98 1 9/21/01 1 code system 1500 800 3000 2000 2000 i Ll 1 N n I 1 /\s T,/»H 7T 52' ZL'HO' ( : r,/nn 5?'3(Ji. ( : 7} h m'Ai \5“?' \ f V \ 1 - -T COUNCIL MEETING OCT 24200S REQUEST FOR COUNCIL ACTION CfTYOFORONO DATE: October 24,2005 ITEM NO.: DcpartmcBt Approval: Name Gregory A. Gappa THIc Director of Public Services Admiabtrator Reviewed: Agenda Section: ^ Public Services Director’s Report / Item Description: Request for Payment Number 2, Lee Carlson Ballfield Trail Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment Number 2. Lee Carlson Ballfield Trail Project to DMJ Corporation Inc. in the amount of $21,070.49 'SviSII '*■ • •':* ? -I. A Ay:*.' ■ i: i < ... ; • i, J . :-V Ci* 1 Bonestroo Rosene Andetfk& Associates OwnT City of Qfono. P. O. Box 66. Crystal Bay, MN 55323 Date: October 14.2005 For Period: 12/7/2004 to 10/14/2005 Reouesl No' Contractor DMJ Corporation. 2392 Pioneer Trail, Hamel. MN 55340 in|inMn4AKMMCu CONTRACTOR'S REQUEST FOR PAYMENT LEE CARLSON BALLFIELD TRAIL BRA FILE NO. 000139-03126^ SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original Contract Anwunt Change Order- Addition Change Order • Deduction Reviaed Contrad Amount Value Compieied to Date Material on Hand Amount Earned Lett Rotainage 5% Subtotal Laaa Amount Paid Previously Liquidated damages- amount due this request for payment NO s s 27.998 32 000 $, $. s, s, s $ s s s Recommended for Approval by: BONESTROO, ROSENE, ANOERLIK & ASSOCIATES, INC. ion. j 'Approved by Contractor: DMJ CORPORATION Approved by Owner: CITY O." ORONO Specified Contrac. Completion Date: October 29.2004 Date: 59.002.70 8T .901.02 87.153.42 000 07.153.42 4.357 P/ 82.795.74 61.725.25 0.00 21 070 49 1 r [ 0 ’'A No.Itom 1 2 3 4 5 PART 1 - RASE BID: MOBILIZATION SAWING BITUMINOUS PAVEMENT (FULL DEPTH) COMMON EXCAVATION (P) TOPSOIL BORROW AGGREGATE BASE CLASS 5 MODIFIED 6 TYPE LV 4 WEARING COURSE MIXTURE (B) 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 BITUMINOUS MATERIAL FOR TACK COAT 15 INCH CS PIPE APRON 15 INCH CS PIPE SEWER CONNECT INTO EXISTING STORM SEWER CONSTRUCT DRAINAGE STRUCTURE DESIGN SPEC. 1 RANDOM RIPRAP CLASS III CONCREl E CURB 6 GUTTER DESIGN B618 INSTAa WOOD RAIL FENCE 4 INCH SOLID LINE WHITE • EPOXY SILT FENCE • TYPE MACHINE SLICED SEEDING SEED MIXTURE 60B SODDING TYPE LAWN MULCH MATERIAL TYPE 1 DISK ANCHORING EROSION CONTROL BLANKETS CAT. 3 COMMERCIAL FERTILIZER ANALYSIS 22-5-10 TOTAL PART 1-BASE BID: CHANGE ORDER NO. 1 1 BOULDER RETAINING WAU TOTAL CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 1 SUBGRADE PREPARATION 2 BITUMINOUS WEAR COURSE. TYPE 41 3 TYPE 31 BITUMINOUS BASE COURSE TOTAL CHANGE ORDER NO. 1 # TOTAL PART 1 - BASE BID; TOTAL CHANGE ORDER NO. 1 TOTAL CHANGE ORDER NO. 1 TOTAL WORK COMPLETED TO DATE j' 7.; • .* y I ^ V:: -;. ••... v • V- ‘.1 • -1 . • . V : •( X Contract Unit Current Quantity Amount Unit Quantity Prict Quantity to Data to Data LS 1 2200.00 1 $2,200.00 LF 16 6.00 8 $48.00 CUYO 302 11.00 302 S3.322.00 CUYO 175 13.50 175 $2,362.50 TN 640 21.00 599 $12,579.00 TN 285 45.55 268 $12,207.40 GAL 75 3.00 $0.00 EA 2 200.00 2 5400.00 LF 30 45.00 30 $1,350.00 EA 2 800.00 2 $1,600.00 EA 1 3200 00 1 $3,200.00 CU YD 6 100.00 6 $600.00 LF 315 13.00 397 $5,161.00 LF 525 5.00 529 $2,645.00 LF 526 4.75 526 $2,498.50 LF 1437 1 85 1477 S2.732.45 AC 0.7 1000.00 0.7 $700.00 POUND 35 2.35 35 $62.25 SO YD 1555 2.45 1627 S3.986.15 TN 1.4 60.00 1.4 $84.00 AC 0.7 110.00 0.7 $77.00 SQ YD 800 1.60 952 $1,523.20 POUND 210 0.55 210 $115.50 $59.473 95 SF 250 22 00 250 $5.500 00 $5,500.00 RD STA 8.5 235.39 6.5 8.5 $2,000.82 TN 200 45.55 190 190 $8,654.50 TN 250 45.55 253 253 $11,524.15 $22.179 47 $59 473 95 $5.50C 00 $22.179 47 $87,153.42 1 4 . PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 00013943126-0 CONTRACTOR OMJ CORPORATION CHANGE ORDERS No. 5/2/2005 MINOR EXTRA WORK ORDER NO. 1 PAYMENT SUMMARY No. From ■V.- , m $22,498.32 Compittod .1 A J: COUNCIL MEETING OCT 242006 REQUEST FOR COUNCIL ACTION ^ Qp DATE: October 24,2005 ITEM NO.: /3 Department Approval: Naviic Gregory A. Gappa Tllle Director of Public Services Administrator Reviewed: Agenda Section: - Public Services Director's Report Item Description: Award Contract Ndhh Farm Drainage Improvements Project. This is an erosion control project to repair a ravine with extensive erosion on a property located at 1669 North Ftmn Road. The erosion is damaging large trees and is also resulting in movement of the channel closer to the house. The ravine is 700* long with a grade of 7%, and is located in a densely wooded area with minimal ground cover vegetation because of the shady conditions. The bottom of the ravine is located only 100' from Long Lake. The ravine drains a 25 acre area located along North Farm Road and Dakota Avenue. The Dakota Avenue area was developed in the 1940's and the North Farm subdivision was developed in 1970 ’s. so this area does not have an engineered drainage system that would be required if the site was developed today. When this .vea was developed, the drainage was simply directed into the ravine without any provisions for erosion control. There are two basic methods to correct this problem, either construct a ripraped channel or utilize native vegetation for channel stabilization. We are recommending using riprap channel stabilization techniques for this project because of the steep channel slope and shady conditions that would make establishment of vegetation very difficult. The City now is required to have a NPDES stormwater permit, and this permit require agencies to establish a program for the implementation of Best Management Practices. The correction ot this erosion problem will provide the City credit towards meeting the goals for our NPDES Stormwater Permit. ► r:* •! L' ■ rhi Our recommendation is that completion of this project with stormwater utility funds is appropriate because of the substantial amount of erosion occurring which is damaging large trees and it this erosion is not stopped will result in damage to the house. This property is subsiantially impacied bv the large amount of stomi water drainage flowing through the middle of the property. 1 he priorin ranking for stormwater utility-funded projects is in this order: first structure damage problems, second erosion problems, and third areas with poor drainage that is not threatening structures or causing erosion. Page 1 of 2 iikuB i i This project wti advertised for sealed bids in the Construction Bulletin and the Laker/Pioneer newspapers, and the bids were opened on Tuesday October 18*^ at 2:00 p.m. We are recommending acceptance of the lowest responsible bid and awarding the contract for the North Farm Drainage Improvements project to Michael Scott Construction LLC, Watertown Minnesota in the amount of $64,877.00 COUNaL ACTION REQUESTED: Approval of a motion to award the contract for the North Farm Drainage Improvements project to Michael Scott Construction LLC, Watertown Minnesota in the amount of $64,877.00 with approval of a budget adjustment to the 2005 Stormwater Utility Fund budget to reflect this expenditure. ‘icr ? i ;- h mMmm V.' a’..:/..-. ■' ■ - ■ .- -• . ^ ' --..fv V? r t : r m f Atl»A ILO/^b PllQTCCT CU 1 ^ ./* (*- .* < • >- f'o :• ./ / - ‘V «. 9 ■ /•> >'v ’I ' • V ^ *i.\ /♦ J* ,x - 1^ J *- ' ^ '*y * r - . -j ,-.{r :;/••. ■ '■* ’ '• ’AW ' ■"■ > W/.'- ■m'-'r ^ ^ 'ty I., *»■- ' . > ‘V \’/\L ‘X ' ^ *• -M- ■..V ■ r . ■ •• ' . Al/f \* V>* ' *', ^ * <• ' ^ • ‘ ^ , ■«'• • • • ’ ^ * xi 1000 Feet L.. I/I Bonestroo Rosene mrv Andertik& |\|| Associates Enginetri 4 ArcNttcti 2335 Wt%l Highway 36 • St Paul. MfM S5II3 Office: 6S1-636-4600 • Fax: 65I-636-I3II WWW bonestroo cow October 19,200S Honorable Mayor and City Council City of Orono 2750 Kelley Parltway Orono, MN SS3S6 Re: OffermanDitchStabiliaationProject( l)r/\»AiV,A File No. 000139-05159-0 " J / Bid Rcfvlta Bids were opened for the Project stated above on Tuesday, October 18, 2005 at 2:00 ^ herewith is a copy of the Bid Tabulation for your infotmation and file. Copies will also be dismbutcd to each Bidder There were a total of six Bids. The following summarizes the results of the Bids leceived: aUAmoulU Low Michael Scott Construction LLC 164,877.00 #2 Sunram Construction, Inc. $86,27500 #3 Jay Bros., Inc. $94,380.00 #4 Visser Scraper Seivice LLC $97,18500 #5 Veit A Company, Inc. $106,113 00 #6 O.F Jedlicid, Inc $120,300.00 The low Bidder on the Project was MichKl Scon Construction LLC with a Base Bid of $M,877O0 This c^pares to the Engineer ’s Estimate of $64,dt6 00. These Bids have been reviewed and found to be m order. If the City Council wishes to award the Project to the low Bidder, then Michael Scott Construction LLC should be awarded the Project on the Base Bid Amount of $64^77.00. Should you have any questions, please feel free to contact me at (651) 604-4863 Sincerely, * BONESTRCX). rosene , ANDERLDC a ASSOCIATES, INC Thomas P Kellogg, P B. Enclosure St Paul. St ciouo. RocHener MN » f»Mw«uiter wi ■ Cn;cago >1 AifuoMiivt Aci.«".'rt.»' »"• 0»"ta J It N^ma: Offonnan Ditch S!abilitallor<_ n Boncstroo ItoMiw A ihIhII(& ctieni Ptoieci N o Aisodaio BiHnn>ntmi Tuwdav.OdobCf <8.2005 1 200PM _Owner. CWyolOfowo lofkitcrii^fNlvHi FNeNo; 000t3»05iw-0 I Immbf certify IM (Ms Is en esaci npmrtucllon of bidsmcah/ert LAThoma$P Mhgg.PB RBgIstmOonNo 269/7 BID TABULATION BlddtrNo. f Mkhaal ScoH Cofifttnictiofi LLC Bkldaftlo.2 BlddarHo.3 Sunram Contlfwclloo Jay Bros Inc Inc Biddtf No 4 VitMT Scraptr Sarvlct LLC Bidder No. 5 Van A Company Inc Bidder No . 6 OrJadilcidliic Nam UnH Qty DITCH STABILIZATION; MOBILIZATION CLEARING CHTCM GRADING GEOTEXT ILE FABRIC. TYPE IV RIPRAP GABIONS EROSION CONTROL BLANKETS. CATEGORY 2 SILT FENCE. REGULAR SEEDING. INCL SEED. FERTILIZER. MULCH AND DISK ANCHOR TOTAL DITCH STABK.IZATION LS LS LS BY TN CY 1100 1400 SY IF 1200 02S UnitPrica Total $600 00 $4,500.00 $14,477 00 $60000 $4.50000 $1 $14477.00 $2 72727 $25 714265 $4500 $3.00000 $36JN».00 $90000 $2 50 $3 60 $3,000.00 S900W 56 00000 $1000.00 CcmfraclOf Mime and Addrass Pt«one Fax Signed By Tllla BldSacudly Addenda Acfcnoarledged $64477.00 Mkhaal Soolt ConsIniGion LLC 701 Ivanhcde OiNa WalertoiimMN 55306 952-955-2001 Grog Forsalh OMnar BM Bond One JnH Price Tola! $4.00000 MOO 14.00000 $4.00000 $10.00000 $14.00000 $150 13500 $12000 $1.65000 $40.00000 $2.40000 $300 $2 50 $3.600 00 $625 00 14.000 00 si.ooo.g $••475.00 Simni ConsMidion Inc 20010 75ii Avenue North CorooranMN 55340 (703)420-2140 (703)404-3061 LeeW Sunram PretidanI Bid Bond Ona InK Price Total $5.00000 $4.000 00 $3.000 00 $5.00000 $4.00000 $3.00000$10.60000 $100 $5300 $120 00 $1.100 00 $74.20000 $2.56000 $210 $300 $2.520 00 $750 00 5500000 $14S0.gC $94.30000 Jay Bros Me PO Box 700 ForatlLakaMN 55025 (051)464-6400 (651)464-1704 MarkR lay CFO Bid Bond One Unit Price Total $5.00000 $4.00000 $5.00000 $4.00000 $10500.00 $200 $43 00 $10000 $2400 00 $6040000 $2.00000 $1 60 $2 50 $2.160 00 $62500 510.00000 $2.500 00 $97,165.00 Unit Price Total $20.000 00 $7.250 00 $17 013 00 $20,000.00 $7450 00 $17.013 00 $200 $3500 $7500 $2.20000 $49.000 00 $1.50000 $200 $2 00 $2,400.00 $500 00 52SOOOOO $6450.00 $106.11350 Vlmr Saapar Service LLC 1332 Cable SIrtel OglMeMN 56350 (320)2724)006 (320)272-4696 KeHtiR Vitier PrealdenI Bid Bond One VeH 6 Company Inc 14000 VeN Place Rogers MN 55374 (703)420-2242 (763)4205340 GregBoellie Senior Vice President Bid Bond One Unit Price Total $350000 $7.00000 $4.100 00 $3.00000 $7.00000 $4.10000 $2 00 $0900 $20000 $2.20000 $96.60000 $4 000 00 $200 $2.00 $2.400 00 $500 00 $2.00000 $500.00 $120,30060 GFJedBcMMc 14203 W 62nd Street EdenPrairiaMN 55346 (952)934-7272 (952)934-7273 Gan^ JadliolU Presidani Bid Bond One f' I^W ^TTT Itr^ I Illiahllini I U ilMiM REQUEST FOR COUNCIL ACTION COUNCIL MEETING OCr 242005 CnVOFORONO DATE: 10-24-05 ITEM NO; j Departmeit Approval: Name: Stcphaay Good TMc: Chief of Police V' Adminiitrator Reviewed:Agenda Section: Item DcKription: Accept Rctignation of Police Department Office Manager Sue Bobzicn: ________________Adverttoe» Test, and Hire PD Office Manager Position____________ Exhibits: DISCUSSION; On October 14,2005, the Police Department received a written resignation from Sue Bobzien. Office Manager, effective October 30,2005. She has accepted a position as the Office Manager for City of Wayzata Police Department. Ms. Bobzien has worked for the City of Orono in the police department for over 22 years. She has contributed greatly to the success of the Orono Police Department. She is excited about her new challenges and will miss her many friends, but says, “Tm just five miles down the road if you need me.” The police department wishes to advertise for, test and hire to fill this vacancy. A job posting and application will be place on the city and police department websites. The position will be advertised on-line with the Star Tribune and in the Sunday paper, local papers, and the League of Minnesota Cities Insurance Trust website. The pay range for this position for 2005 is $ 16.69 - $19.64. COUNCIL ACTION REQUESTED: Motion to accept resignation of Sue Bobzien, effective October 30,2005 and pass resolution recognizing Sue for her 22 years of excellent service. Motion to approve advertising, testing, and hiring to fill the vacant office manager position in the Police Department. in. 14,2005 Sfe^yOMd Chief of Police On»o Police Departn 2730 Kelley Paikway Onmo, MN SS356 Dear Chief Good, Pleaie oontider tfiia letter aa my official reaigiiaticm, effective October 30,2005. :mmk. .fij. sal ipplp --. •*- ..■fm ■I if mk:4 f V .mm ■ V A- 'I '^s •m . ss?fas«iis' ^ ’xmmmf’:\. V V-; :: I A A -^y .*--. *'lSk • . ► f- A^RESOLUTION OF APPRECIATION TO SUE BOBZIEN FDR TWENTY-TWO YEARS OF DEDICATED SERVICE TO THE CITY OF ORONO 1 • ■ -= -j: RESOLUTION NO. .(B WHEREAS, Sue Bobzien has provided twenty-two years of dedicated service to the City of Orono and the Orono Police Department; and WHEREAS, her years with the City have been marked by a commitment to service, both to the public and to the police officers; and WHEREAS, Sue has earned both the respect and friendship of her co- wocken;and WHEREAS, Sue is leaving her position with the City to pursue a new opportunity. NOW, THEREFORE, BE IT RESOLVED THAT the Orono City Council docs herri>y express its sincere iq[>preciation to Sue Bobzien for her twenty-two years of dedicated service to the City, and does highly conunend her for the manner in wfakh she has carried out her duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to Sue its best wishes for success in her new opportunity and all future endeavors. Adopted by the City Council of Orono, Muuiesota at a regular meeting held this 24th day of October, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor i H it i it ianii III! diS’n I ^iisirsksrSn^HiirfrTumirnt-^ L • l' REQUEST FOR COUNCIL ACTION coaHCi»*^ oa24M» DATE: 10-24^ ITEM NO: j ^ Dcpurtmeat Approval:Admlnlftrator Reviewed:Agenda Section: Name: Stcphany Good^ Tide: CfclefofPolkeC./-*^ Item Deaer?ptkMi: Approve PT Temporary Administrative Snpport Assistant for the PD Exhibits: DISCUSSION: There will be two vacant police department support staff positions open as of 10/28/05; one for administrative support assistant and one for a police department office manager. The police department requests to hire a part time temporary administrative support assistant beginning 10/31/05 for a period of time not to exceed six months. This is necessary in order to keq> up to date on data entry and case preparation and to nuuntain customer service. Stacie Budig, a former Orono police department member of the support staff indicated that she would be willing to assist the department on a temporary part time basis. Ms. Budig demonstrated the skills and abilities required for the position of administrative support assistant, as a police records secretary for over five years, a position from which she resigned on 8/25/05. COUNCIL ACTION REQUESTED; Motion to approve the hiring of Stacie Budig as an administrative support assistant on a part time temporary basis for a period of time not to exceed six months, beginning October 31,2005 the Step IV, Level 4 pay rate of S18.27. P ■■ ■ - • : = - -i’ V . > ... 'f . 1 kt ...■ I in'kUib j eonsCOUNWL’' OBOHO UK: REQUEST FOR COUNCIL ACTION DATE: 10-fCS8o5 ITEM NO: j ^ Dcpartmeat Approval:Adoiinittnitor Reviewed:Agenda Sectfon: Name: StephanyGoo TMe: Chief of Police 4 Item Peacriptioo: Ballet ProofVett Replacement Purchase Exhibits:mssussi The police department was informed that the ballistic vests which contain Xylon are not adeqnate for the protection of law enforcement officers, and are therefore defective. Class action lawsuits involve Second Chance and American Body Armor, and in particular ABA Extreme Z and Extreme ZX models. Orono has eleven officers who require replacement vests based on this information. The cost of a replacement is approximately $800. We are eligible for 50% reimbursement from the Fed's and a State reimbursement of 33% but we are required to make the cash expenditure up front. We propose to fund the vests now from the PIR fund and will apply for the Federal and State reimbursements, and repay the PIR loan with these funds. Part of tlie settlement will depend on the amount available and the number of people filing, so an exact amount cannot be determined. The balance after reimbursements, will be paid from the 2006 uniform line. COUNCIL ACTION REQUESTED: Motion to approve the purchase of 11 bullet proof vests at $8,800, authorizing expenditure from the PIR in 2005, and ^rply for available reimbursements in 2006 which will repay the PIR, and the balance to be paid from the Uniform Line Item in the police budget. Motion to approve a budget adjustment. wm II DATE: October 21,2005 ITEM NO: REQUEST FOR COUNCIL ACTION COUNCIL OCT 2A2D05 DcpartaiCBt Approval: NaoM Ronald J. Moone TMk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Minnehaha Creek;watershed District Agreement and Conservation Easement Regarding the Big Island Veterans Camp Property. The Minnehaha Creek Watershed District (MCWD) has agreed to provide $850,000 of funding for the City ’s purchase of the Big Island Veterans Camp property, in exchange for a conservation easement over the property. The conservation easement reflects the goals of both the City and the MCWD related to preserving the natural features and natural character of the property. The easement divides the property into a recreation area, which has buildings and docks, and a natural area, which is in a more natural state. The easement calls for the City and the MCWD to work together to develop a management plan for the property. The agreement and conservation easement documents have been reviewed by the City attorney. All substantive issues have been resolved. There may be minor tweaks to the language as the documents are finalized for signature. The documents are attached for Council consideration. The MCWD Board will be taking action on the agreement and conservation easement at its November 3 meeting. COUNCIL ACTION REQUESTED Motion to approve the agreement regarding the MCWD providing $850,000 of funding for the City ’s purchase of the Big Island Veterans Camp property, as well as the related conservation easement, and to authorize the Mayor and City Administrator to sign the agreement and the conservation easement. agreement THIS AGREEMENT (the “Agreement”) is made and entered into this------day of . 2005, between THE CITY OF ORONO, a municipal corporation (“Orono”), and MINNEHAHA CREEK WATERSHED DISTRICT, a Minnesota governmental body created under Minnesota Statutes Chs^)ter 103D (“District* ). RECITALS A. Orono has entered into a Purchase Agreement with Big Island Board of Governors (“Big Island ”) dated Match 31 2005 (the “Big Island Purchase Agreement”) pursuant to which Orono intends to acquire fee title to approximately 54.461 acres of land located on Big Island, City of Orono, State of Miimesota, and legally described on Exhibit A attached hereto and made a part hereof, said real property together with all easements, tenements, hereditaments and tyjpurtenances belonging thereto is referred to herein as the' Property . B. After the closing of the transaction contemplated in the Big Island Purchase Agreement, Orono desires to grant to the District and the District desires to acquire froin Orono a perpetual conservation easement over all of the Property for the purpose of conserving water resources and surrounding lands located on the Property. AGREEMENT NOW, THEREFORE, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Orono and the District agree as follows: 1. CouservatioB Easement over the Property. Orono agrees to grant to the District and the District agrees to accept from Orono a perp^l conservation easement over all of the Property in form and substance attached hereto as Exhibit B (the “Couservation EascmcBt ”). subject to and upon the terms and conditions of this Agreement. 1.1 Conservation Easement Value. The District will pay to Orono an amount equal to Eight Hundred Fifty Thousand Dollars ($850,000) (the “Conservation Easement Value ”) as consideration for the grant of the Conservation Easement. 1.2 Payment of Conservation Easement Value. 1.2.1 On or before the ihird (3'‘‘) business day following the Effective Date, the District will deposit an amount equal to ten thousand dollars ($10,000.00) (the “Deposit”) into an interest bearing account of the Title Company (as defined below) for the benefit of the District. The Deposit is non-refundable except as expressly provided in this Agreement, and will be credited, with interest, against the Conservation Value Easement at Closing. Miiihf 1 * « 1.2.2 The District will pay the Conservation Easement Value, less the amount of the Deposit, to Orono in the amounts and on the dates set forth in the following payment schedule: a. b. c. d. $210,000.00 on or before July 21,2006; $210,000.00 on or before December 22,2006; $210,000.00 on or before July 20,2007; $210,000.00 on or before December 21,2007. The provisions of this Section 1.2.2 shall survive Closing and the recordation of the Conservation Easement 2. Clostng. 2.1 Closing Date. The execution, delivery and recordation of the Conservation Easement (the “Clostng”) shall occur on the second (2"*’) business day that is later of (a) the date Orono has satisfied or the District has waived all of the contingenc ies set forth in Article 5 of this Agreement; and (b) the date Orono has cured or the District has waived the Objections in accordance with Article 4 of this Agreement (the “Closing Date")* 2.2 Deliveries by the District On the Closing Date, District will deliver to Orono the Conservation Easement duly signed and acknowledged by District. 2.3 Deliveries by Orono. At the Closing, Orono will deliver to the District the following into escrow duly signed and, as appropriate, acknowledged by Orono: 2.3.1 The Conservation Easement; and 2.3.2 A certification by Orono that Orono’s representations and waffantiei set forth in Article 6 remain true and correct as if remade on the Closing Date, and 3.Closing Costs. Orono will pay all search, abstracting and other fees charged by _____(the ‘Title Company ”) in connection with preparation and delivery of a title conunitment for the Property and die costs of recording any title correction documents. The District will pay the costs of recording the Conservation Easement. Orono and District will split any other fee charged by the Title Company. Except as provided in Section 5.3.2 and Article 12, each party will pay its own attorneys' fees. 4. Title and Survey Matters. 4.1 Examination of Title and Survey; Objections. 4.1.1 Title Commitment and Title Evidence. Within fifteen (15) da>-s after the Effective Date, (a) Orono, at its sole cost and expense, shall cause the Title Company to issue and deliver to District a title commitment covering the Property (the "Commitment”), 4U56.M7 -2' . together with legible copies of all documents or instruments shown as exceptions or referred to therein (together with the Commitment, collectively, the “Title Evidence”). 4.1.2 Snrvey. Within fifteen (13) days after the Effective Date, the District, at its sole cost and expense, shall order a current survey of the Property (the “Survey”) to be prepared. 4.1.3 Objections. The District will deliver written objections to the form and/or contents of the Title Evidence and the Survey (the “Objections ”) on or before the thirtieth (30*) day following District’s receipt of the last of the Title Evidence and the Survey. In the event the Commitinent is amended, the District shall deliver supplemental Objections to Orono on or before the fifteenth (15*) day after the District’s receipt of such amended Commitment. If District fails to make Objections within such thirty (30) day period, or fifteen (IS) day period in the case of an amendment to the Conunitment, as applicable, then the District will be deemed to have waived its right to make Objections. 4.2 Correction of Title and Title Condition. Orono will notify the District within three (3) business days after the District’s delivery of the Objections to Orono whether Orono will (a) reftise to cause Big Island to cure the Objections, or (b) cause Big Island to cure the Objections to the District’s satisfaction on or before the thirtieth (30*) day after the District’s delivery of the Objections (the “Tide Cure Period ”). If Orono refuses to cause Big Island to cure any of the Objections or Big Island fails to cure any of the Objections prior to the expiration of the Title Cure Period, then, on or before the tenth (10*) day following the expiration of the Title Cure Period, the District may (i) terminate this Agreement by giving written notice to Orono, or (ii) waive one or more of the Objections and proceed to Closing. If Orono elects to cause the Objections to be cured and such Objections are not capable of cure prior to the Closing Date, then the Closing Date shall be extended to the first (1”) business day after the date on which the Objections arc cured or waived by the District. If the District terminates this Agreement under this Section 4.2, the Deposit (and any interest thereon) will be immediately refunded to the District and neither party shall have any further obligation under this Agreement. The Conservation Easement will be subordinate to only those title matters to which the District fails to object or waives its objection. 5. Inspection. 5.1 Records. Within five (5) days after the Effective Date (subject to extension as provided below in this Section 6.1) (the “Records Delivery Date”), Orono shall deliver to the District true, complete and correct copies of the following documents relating to the Property (collectively, the “Records"): (a) all appraisals of the Property in Orono ’s possession or reasonably available to Orono; (b) a copy of the purchase agreement and any other agreements, documents or instruments between Orono and Big Island relating to the Property; (c) any existing environmental audit, tests, reports or studies, including, withou* limitation, any “Transaction Sheet", Phase 1 environmental site assessment or Phase 2 environmental site assessment of which Orono is aware and are in Orono ’s possession; (d) the most recent existing survey; (e) any plans and drawings; and (0 will make available to the District for its review all -3- other records, instruments and documents relating to the Property which are in Orono ’s possession or reasonably available to Orono, including, without limitation, records, documents and instruments regarding soil, engineering, and traffic reports or tests, and any documents related to those records, documents or instruments. If Orono does not have any Records, Orono will deliver written notice to the District on or before the Records Delivery Date stating that no Records exist. In the event Orono fails to deliver all of the Records or a statement that no Records exist on or before the fifth (S’**) day following the Effective Date, then the Records Delivery Date will be extended on a day for day basis for each day Orono delays in delivering the last of tfie Records. S.2 iBspcctlon; Indemnity; Inspection Contingency. 5.2.1 Inspection. From and after the Effective Date and through and including Inflection Contingency Date (as defined below), the District shall have tlie right to review the Records and Orono will cause Big Island to grant to the District, its employees, agents and/or independent contractors, at the District’s sole cost and expense, the right to enter upon the Property at all reasonable times and upon reasonable prior notice to Orono to perform physical and other inspections, perform surveys, engineering studies and other tests, and such other investigations and activities as the District may elect which are consistent with the purposes of this Agreement (collectively, the “Inspection"). On the Effective Date, Orono will deliver to the District written evidence reasonably satisfactory to the District evidencing Big Island’s consent to the District’s right to conduct the Inspection in accordance with this Section 5.2. 5.2.2 Indemnity. The District will indemnify, defend and hold harmless Orono from all liabilities incurred by Orono that arise solely as a result of the gross negligence or willful misconduct of the District in connection with the Inspection. In the event this Agreement is terminated prior to Closing, the District, at its sole cost and expense, shall restore the Property to the condition that existed prior to the District performing its tests and studies as set forth herein. 5.2.3 iBspcctioB CoBtiBgcBcy Date. If the District is not satisfied with the Inspection for any reason, in the District’s sole discretion, then the District will furnish written notice to Orono on or before the expiration of the sixtieth (60''’) day following the Records Delivery Date (the “InspectioB CoBtiBgency Date") stating that the District elects to terminate this Agreement. If the District terminates this Agreement pursuant to this Section 5.2.3, then the Deposit (together with any interest thereon) will be immediately refunded to the District and neither party shall have any further obligation under this Agreement. 5.2.4 EnviroBmcBtal Reports; Contingency. From and after the Effective Date and through and including the Inspection Contingency Date, Orono will cause Big Island to grant to the District the right to enter upon the Property to perform environmental audits and inspections of the Property and soils and other tests, to review and approve all environmental assessments and soils reports Orono delivered to the District relating to the Property and. to obtain such other environmental reports and reliance letters from its consultants as the District deems appropriate (collectively, the “EnviroBmentai Reports"). If the District is not satisfied 4l3563v7 with the Environmental Reporte for any reason, in the District’s sole discretion, then the District will furnish written notice to Orono on or before the Inspection Contingency Date stating that the District elects to terminate this Agreement. If the District terminates this Agreement pursuant to this Section 5.2.4, then the Deposit (together with any interest therron) will be immediately refunded to the District and neither party shall have any further obligation \mdcr this Agreement. Notwithstanding anything contained herein to the contrary and without limiting the District’s ri^ts in this Section 5.2.4, Orono shall unconditionally indemnify and hold harmless the District from and against and shall reimburse the District with respect to any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including attorneys’ fees and costs) asserted against or incurred by the District by reason of the presence of any Hazardous Materials (as defined below) on the Property. The indemnity obligations in this Section 5.2.4 shall survive termination of this Agreement or Closing and recordation of the Conservation Easement. 5.3 Additional Contingencies. 5.3.1 Additional Contingencies, in addition to all other conditions set forth in this Agreement, the District’s obligation to consummate the transactions contemplated in this Agreement is contingent upon satisfaction of all of the following (individually, the “Additional Contingency” and collectively, the “Additional Contingencies"): (a) on or before the Closing Date, consummation of the transaction contemplated in the Big Island Purchase Agreement, including without limitation, recordation of a de«l from Big Island to Orono, (b) on or before the Closing Date, completion of a baseline property report documenting the physical condition of the Property as of the date of such report (the “Baseline Report ’’); (c) on or before the Closing Date, receipt by the District of Orono’s written approval of the Baseline Report; (d) on or before the closing date, receipt by the District of an appraisal of the Property and/or related documentation establishing that the fair market value of the Conservation Easement is greatCT than or equal to the Conservation Easement V^ue, (e) on the Closing Date, Orono’s representations and warranties made in this Agreement remain true and correct, as if remadr on and effective as of the Closing Date; (0 on the Closing Date, Orono is not in default under this Agreement, the Big Island Purchase Agreement or any other contract or agreement affecting or relating to the Property; (g) on or before the Closing Date, receipt by the District of documentary evidence reasonably acceptable to the Disorict evidencing that the holders of any mortgages encumbering the Property have agreed to subordinate such mortgages to the Conservation Easement, (h) on or before the Inspection Contingency Date, receipt by the District of documentary evidence reasonably acceptable to the District that all abandoned wells on the property have been capped in accordance with applicable law, and (i) on or before the Closing Date, receipt by the District of an executed copy of a mortgage by Orono in favor of Big Island which grants the District not less than sixty (60) additional days after receipt of notice Irom Big Island to cure any defaults by Orono. 5.3.2 Additional Contingencies Date. If any of the other Additional Contingencies described in Subsection 5.3.1 above has not been satisfied as of the date specified above for satisfaction of such Additional Contingency, then the District may furnish written notice to Orono terminating this Agreement. Notwithstanding the foregoing, the District may^ elect, in its sole discretion, to waive the satisfaction of any of the Additional Contingencies. If 4I))6.U7 .5. 1 the District terminates this Agreement pursuant to this Section 5.3, the Deposit (together with any interest thereon) will be refunded to the District and neither party shall have any further obligation under this Agreement. 6. Orono*s RepresenUitions and Warranties. As an essential part of this Agreement and in order to induce the District to enter into the transaction contemplated in this Agreement, Orono herd>y represents and warrants to the District that: 6.1 To the best of Orono ’s knowledge, no actions, suits or proceedings at law or in equity, administratively or otherwise, have been instimted or threatened against or affect the Property or Orono ’s acquisition or ownership of fee title to the Property. 6.2 To the best of Orono ’s knowledge, No condemnation or eminent domain proceedings are now pending or contemplated against the Property. 6.3 To the best of Orono ’s knowledge, the Property is not assessed for any public improvements heretofore made and no ordinance or hearing is now before any local govemmentid body which either contemplates or authorizes any public improvements. 6.4 To the best of Orono ’s knowledge, the Property is in full compliance w«th all zoning, subdivision, platting or building laws, and there are no notices, orders, suits, judgments or other proceedings relating thereto. 6.5 Neither Orono nor Big Island are in default under the Big Island Purchase Agreement. 6.6 INTENTIONALLY OMITTED 6.7 To the best of Orono ’s knowledge, the Records delivered to the District pursuant to Section 5.1 are complete and accurate, and Orono has no knowledge of any materially false or misleading statement or fact in any of the Records. 6.8 INTENTIONALLY OMITTED. 6.9 Orono has full power to enter into a nd to perform this Agreement according to its terms and the execution and the delivery ' f this Agreement and the consummation of the transactions contemplated hereby will not constitute a default under any indentures, agreements or any other instruments to which Orono is a party, and is not in contravention of any law, order, ordinance, or regulation by which Orono is bound or subject. 6.10 To the best of Orono's knowledge, no prior or current owner, tenant, subtenant, occupant or licensee of the Property has used, handled, stored, generated, treated, emitted, manufactured, transported or disposed of any Hazardous Materials on or affecting the Property in any manner which violates any federal, state or local law, ordinance, rule, regulation or policy except as may be indicated in the Phase 1 Environmental Site Assessment prepared for •II356JV7 -6- . I i the Big Island Board of Governors by Braun Inteitec Corporation, dated February 2, 2005, attached hereto as Exhibit C. For purposes of this Agreement, “Hazardous Materials" meai« any asbestos, urea-formaldehyde foamed-in-place insulation, polychlorinated biphenyl, petroleum, crude oil or any dangerous, toxic or hazardous pollutants, chemicals, wastes or substances as defined in the Federal Comprehensive Environmental Re^nse Compensation and Liability Act of 1980, as amended, the Federal Resource Conservation and Recovery Act of 1976, as amended, the Minnesota Environmental Response and Liability Act, as amended, or any other federal, state or local laws, statutes, regulations, requirements, ordinances, rules or policies. 6.11 To the best of the City’s knowledge, there is one well located on the Property which is currently in use and no abandoned wells. Orono is i»t the current owner of the Property. Orono has m^e the foregoing representations and warranties to the best of its knowledge, based on its investigations and inspections of the Property in connection with its acquisition of the Property. Orono will cooperate with the District in connection with the District’s inspection of the Property in accordance with Section 5 of this Agreement. Except as otherwise specifically disclosed in this Agreement, the District agrees to accept the Property in its “as is” condition. The representations and warranties contained in this Section 6 shall survive closing. 7. Assigniiient. The parties hereto shall not transfer or assign their interest in this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld, conditioned or delayed. 8. Broken. Orono represents and warrants to the District that it has not engaged the services of any broker in connection with the transactions contemplated in this Agreement. The District represents and warrants to Orono that it has not engaged the services of any broker in connection with the transactions contemplated in this Agreement. Orono and the District each hereby agree to indemnify the other against, and hold the other harmless from, any claim made by any broker or sales agent or similar party for a commission due or alleged to be due under the terms of any brokerage agreement entered into by said party with any party. 9. Interim Operations. Commencing on the Effective Date and continuing throu^ and including the Closing Date, Orono shall notify the District if it becomes aware that Big Island has (a) failed to operate, mainuin, preserve and insure the Property in the same manner as prior to the Effective Date, or (b) has leased, conveyed or otherwise transferred all or any part of the Property, or has (c) executed contracts, leases or other agreements regarding all or any of the Property, or (d> has undertaken alterations to the Property without the prior consent of Orono. which consent shall be promptly communicated to the District, and (e) Orono shall promptly deliver to the District copies of any notice, consent, waiver, request or other communication Orono receives from Big Island or any public or private entity with respect to any of the Property. In the event Orono agrees to indemnify and hold the District harmless from and against all liabilities incurred by the District by reason of the operation and maintenance of the Property prior to Closing. In the event any of the circumstances described in (a) through (d) above occur prior to the Closing and the District determines in its reasonable discretion that such 4lJ56»v7 -7- i i circumstances have an adverse effect on the Property and/or its rights and obligations under the Conservation Easement, then the District shall have the right to terminate this Agreement. If the District elects to terminate the Agreement pursuant to this Article 9, then the Deposit (together with any interest thereon) will be immediately refunded to the District and neither party shall have any fbrther obligations under this Agreement. The provisions of this Article 9 shall survive Closing. 10. Default In the event that: 10.1 Orono fails to consummate the transactions contemplated in this Agreement for any reason or otherwise breaches any covenant, representation or warranty contained in this Agreement, the District shall be entitled to cancel and terminate this Agreement and be relieved of its obligations hereunder and immediately have all of the Deposit (including all accrued interest thereon) returned to the District. The waiver by the District of any condition, or the breach of any term, covenant or condition herein contained, shall not be deemed to be a waiver of any other condition, or of any subsequent breach of any term, covenant or condition herein contained. All rights, powers, options or remedies afforded to the District shall be cumulative and not alternative. The exercise of one right, power, option or remedy shall not bar any other right, power, option or remedy. 10.2 District fails to consummate the transactions contemplated in this Agreement for any reason or otherwise breaches any covenant, representation or warranty contained in this Agreement, except to the extent caused by Orono's default or failure of Orono to satisfy any conditions precedent to the District's obligations set forth herein, Orono will have the right to tennirute this Agreement and be relieved of its obligations hereunder and the Deposit (including all accrued interest thereon) shall be returned to the District. The waiver by the O^no of any condition, or the breach of any term, covenant or condition herein contained, shall not be deemed to be a waiver of any other condition, or of any subsequent breach of any term, covenant or condition herein contained. 10.3 Notwithstanding the provisions of Section 10.2 above to the contrary, in the event the District fails to make one or more of the Conservation Easement Value payments in accordance with Section 1.2.2 of this Agreement within sixty (60) days after receipt of written notice from Orono, then Orono may terminate the Conservation Easement by recording a Termination of Conservation Easement in the form and substance attached hereto as Exhibit D. Orono waives its right to recover damages from the District or to pursue any and all equitable remedies for breach of Section 1.2.2 of this Agreement. The provisions of this Section 10.3 shall surv'ive Closing and the recordation of the Conservation Easement. 10.4 Notwithstanding the provisions of Section 10.1, in the event Orono defaults on the mortgage between Orono and Big Island, Orono shall reimburse the District, on demand, for any and all amounts paid by the District to cure such default, plus all costs and expenses incurred by the District in connection with cunng such default. If Orono fails to reimburse the District as required by this Section 10.4, the District may recover damages from 4IJ563v7 -8. , I Orono or pursue eny ell equitable remedies for breach of this Section 10.4. The provisions of this Section 10.4 shall survive Closing and the recordation of the Conservation Easement. 11. Notices. Any notice, demand, request or other communication under this Agreement must be in writing, and shall be deemed given when it is personally delivered to the addrft set forth below or two (2) business days after such notice is mailed by first class mail, postage prepaid, registered or certified, return receipt requested, addressed as follows: To Orono: The City of Orono RonMoorse 2750 Kelley Parkway Crystal Bay, MN 55323 To the District; Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, Minnesota 55391 Attn.: Michael Pressman With a copy to: Smith Parker, PLLP 808 Colwell Building 123 North Third Street Minnetq;>olis MN 55401 Attn: Chuck Holtman and - '■ Parsinen, Kaplan, Rosberg & Gotlieb, P.A. 100 South Fifth Street, Suite 1100 Minneapolis. Minnesota 55402 Attn: l^uraGraf Either party may change its address for notice purposes by giving written notice to the other party in the manner set forth in this Article. 12. Attorneys* Fees. In the event of any proceeding to enforce this Agreement, the non-prevailing party shall pay the reasonable attorneys ’ fees and costs incurred by the prevailing party. 13. Additional Provisions. 13.1 Effective Date. “Effective Date** means the date on which the District signs the Agreement after Orono has signed it, as shown on the signature page, but if the District does not deliver the signed Agreement to Orono on that day, then the Effective Date will be postponed by one day for each day the Distnet delays in delivering this Agreement to Orono. 41J56J v7 9- I r> 13.2 Eidre Agrcemcot. This Agreement, including all exhibits to this Agreement, embodies the entire agreement and understanding between the parties relating to the transaction contemplated hereby and may not be amended, waived or discharged except by an instniment in writing executed by both parties. 13.3 Invalidity. If any clauses or provisions herein contained would invalidate this Agreement in whole or in part, such clauses or provisions only shall be invalid, and the remainder of this Agreement will remain in full force and effect. 13.4 Limitadoa on Offer. The preparation of the Agreement by the District and the submission of this Agreement for the review or execution by any party shall not be deemed to be an offer by die District to acquire a conservation easement over the Property, and this Agreement shall not be binding upon the District unless or until it has been executed by both Orono and the District. The District's offer to acquire a conservation easement over the Property pursuant to this Agreement must be accepted by Orono no later than 11:59 p.m. on _____________, 2005. If Orono has not either (a) executed and delivered a copy of this Agreement to the District, or (b) made a written counteroffer by said deadline, then the District's offer shall automatically become null and void and of no further force or effect. 13.5 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 13.6 Sucessors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 13.7 Time of Essence. Time is of the essence of this Agreement. 13.8 Dates. If any date, deadline or time for performance under this Agreement falls on a weekend or is a bank holiday, that date, deadline or time for performance will automatically be extended to the next day that is not on a weekend and is not a batik holiday. 13.9 Construction. The captions and headings of the various sections of this Agreement are for convenience only and are not to be construed as defining or as limiting in any way the scope or intent of the provisions hereof. Wherever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. 13.10 Counterparts; Facsimile Signature. This Agreement may be executed in counterparts, each of which will be deemed an original. For purposes of executing this Agreement, a facsimile of a signature will be deemed an original. (SIGNATURES ON FOLLOWING PAGE] 4l356Jv7 10- Oiono and District have signed and delivered this Agreement as of the Effective Date. ORONO: CTTYOFORONO By: Its: Dated; 1^ i Jv :- ■ ■r- .. ;;v.--.\ ■ \- *• ^*. ■ ■ ‘ ,^r -.•■7V-- , ;.• r-v/ r. '■X .• X : '•■Vi !• 4,i- ; •• ' ■X- V- • •-■•' •'"• • •■' DISTRICT: MINNEHAIIA CREEK WATERSHED DISTRICT Its: Dated: ' t. XXfili:' .i .. ■• ■ .:.i •••. .*-*'*i .VvvV- W. v.xx-;v •Sin v-lx v .V .4-. / ‘ I ' ' '■•.ii' •■• '.• . ''iV I r ; i 1 M t I ■'IT EXHIBIT A LEGAL DESCRIPTION Property Identificatioii Numbers: PID 14-117-23-34-0001 (approx. 46.123 acres) PID 23-117-23-21-0001 (approx. 5.668 acres) PID 23-117-23-22-0001 (approx. 4.67 acres) ^r‘i, r-v/M-*'. ii'i ■' ■ ■■ :Wit5 ®S3!i*"-.i'• ( '. - A ■■.mmm ■ V'' ^ ■ K • / ■ ;' ' .'.••■•: v.,v‘ ■v . ^ • uvX'- ^*4 m 4IJJWV7 oV^' • R:-:/ -i ' ' Jt*i - • -------- - EXHIBITS ■■. > >- •:-.\v/o V ••.' • • * . •• - • ’ rt * • .’T: • ■ V: • i.: ...' .. /. ;• •., ' V.! ' • I ' •■ L-/ ;•: ',\'i.'.y’-’ i ■•f'r* 4U»Jv7 1 EXHIBIT C ENVIRONMENTAL ASSESSMENT I .i--------- EXHIBIT D FORM OF termination OF CONSERVATION EASEMENT KNOW ALL BY THESE PRESENTS, that a certain Conservation Easement made by the City of Orono, a political subdivision of the State of Minnesota, to the Minnehaha Creek Watershed District, a governmental body created under Minnesota Statutes Chapter 103D, fitted • 200 , recorded in the Office of the County Recorder in and for the ____,___, as Document No.County of Hennepin, State of Minnesota, on ______, is hereby terminated. IN TESTIMONY WHEREOF, the undersigned has caused these presents to be executed as of ., 20__. TERMINATING PARTY: CITY OF ORONO, a political subdivision of the State of Minnesota V ’ 1 ACKNOWLEDGEMEN'f By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this. _____20 ,by. _____________>the day of of the City of Orono, a political subdivision of the State of Minnesota. Notary Public Seal; 4l35«3v7 » i CONSERVATION EASEMENT This is a CONSERVATION EASEMENT granted by the City of Orono, a political subdivision of the State of Minnesota, C*Orono’*) to the Minnehaha Creek Watershed District, a governmental body created under Minnesota Statutes Chapter I03D (the “District”). RECITALS: B. C. D. ORONO. Orono is the current few owner of three adjacent parcels totaling q)proximately 56.461 acres located in the City of Orono, Hennepin County, Minnesota. That real property is more fully described below as the “Protect^ Property.” PROTECTED PROPERTY. The Protected Property is that real property legally described in Exhibit A and generally depicted on the “Proper^ Map" in Exhibit B. Both exhibits are attached to this Easement and incorporated by this reference. The Protected Property is currently used for low impact recreational use and nature observation. Existing improvements on the Protected Property include those structures shown on Exhibit B and noted on Exhibit C. MINNEHAHA CREEK WATERSHED DISTRICT. The Minnehaha Creek Watershed District is a governmental body created and operated exclusively for the purposes of water resource protection, conservation and management, including the protection, conservation, and management of related lands. The District is an organization quaUfied to hold conservation easements under Minnesota law and Section 170(h) of the Internal Revenue Code and related regulations. CONSERVATION VALUES. The Protected Property has the following natural, scenic and open qrace qualities of significant importance: i. Approximately 7,500 feet of undeveloped frontage on Lake Minnetonka, that help protect the water quality of the Lake from impacts of non-point source pollution and provide habitat for flora and fauna. Lake Minnetonka is an important natural resource and recreation area in the Twin Cities metropolitan area; ii. Approximately 7.59 acres of wetlands providing valuable habitat and also deemed important by the District for the protection and enhancement of water quality in Lake Minnetonka; iii. Undeveloped vegetated buffers and uplands, including significant stands of maple- basswood forest, that provide habitat for flora and fauiM and protect the property’s wetlands from non-point source pollution impacts that could be associated with future development, or other uses of surrounding land including the Protected Property; E. iv. A bald eagle nesting site. Bald eagles are considered a Minnesota Special Concern Species by the Minnesota Department of Natural Resources, and V. Offers the general public opportunities to experience, appreciate, and learn about the natural environment throu^ sustainable outdoor recreation and educational opportunities. Collectively, these natural, scenic and open space qualities of the Protected Property constitute its “Conservation Values." These Conservation Values have not been and are not likely to be adversely affected to any substantial extent by the continued use of the Protected Property as described above or as authorized below or by the use and maintenance of the existing improvements on the Protected Property or construction of those structures and improvements that are authorized below. CONSERVATION POLICY. Preservation of the Protected Property will further those governmental policies established by die following: i. Minnesota Statutes Chapter 84C, which recognizes the importance of private conservation efforts by authorizing conservation easements for the protection of nahual, scenic, or <^>en space values of real property, assuring its availability for agriculture, forest, recreational, or open space use, protecting natural resources, and maintaining or enhancing air or water quality. ii. The Metropolitan Surdne Water Act, Minnesota Statutes Section 103B, which specifically identifies the importance of protecting the natural surface waters and groundwaters of the Metropolitan Area. iii. Mirmesota Statutes Section 103D which provides for the establishment of watershed districts to conserve the natural resources of the State. iv. Minnehaha Creek Watershed District Comprehensive Water Resources Management Plan (January 1997 and as amended) which includes the following policies, programs, and projects implementing the Metropolitan Surface Water Act: a. Land Conservation Program (Section IV. H.) b. Regional Wetland Restoration (p. 159) V. In May, 1972, the Orono Village Council declared via Resolution No. 446 that “the long range highest and best use of Big Island is for park purposes". The 1980 Orono Comprehensive Plan again eiKouraged public ownership of Big Island for park use. The 2000-2020 Comprehensive Plan srqrports the passive character of the existing Three Rivers Park District’s wildlife sanctuary on Big Island, and suggests that any expansion of parkland on the Island be for the purpose of park uses that are more passive than active. vi. Suburban Hennepin Regional Park District Master Plan for a System of Parks (adopted July 23,1998) which calls for public use of the Protected Property. F. CONSERVATION INTENT. Orono and the District are committed to protecting and preserving the Conservation Values of the Protected Property in perpetuity. Accordingly, it is their intent to create and implement a conservation easement that is binding in perpetuity upon the current owner and all future owners of the Protected Property and that conveys to the District the right to protect and preserve the Conservation Values of the Protected Property for the benefit of this generation and generations to come. CONVEYANCE OF CONSERVATION EASEMENT: Pursuant to the laws of the State of Minnesota and in particular Minn' ota Statutes Chapter 84C and in consideration of the facts recited above and the mutual covenants contained herein and in further consideration of the sum of eight hundred fifty thousand dollars ($850,000) and other valuable consideration, Orono hereby conveys to the District a perpetual conservation easement over the Protected Property. This conservation easement consists of the following rights, terms and restrictions (the “EasemenO: 1. 2. CONSERVATION PURPOSE. The purpose of this Easement is to preserve and protect in perpetuity the Conservation Values of the Protected by confining the development, management and use of the Protected Property to activities that are consistent with the preservation of these Conservation Values, by prohibiting activities 'Jiat significantly impair or interfere with these Conservation Values, and by providing for remedies in the event of any violation of this Easement. The terms of this Easement are specifically intended to provide a significant public benefit, including, but not limited to: a. The protection of a relatively natural habitat of fish, wildlife, and plants as that term is used in section 170 (h) of Internal Revenue Code and related regulations; b. The protection of the water quality of Lake Minnetonka, pursuant to the public policies set forth above. c. Preserving the open and natural character of the Protected Property for scenic enjoyment by the general public including from Lake Minnetonka and substantial parts of its shoreline. EASEMENT AREAS. For purposes of creating land use restrictions and identifying permitted uses on the Protected Property, the Protected Property has been di\ ided into two (2) areas. These are: a. “Recreation Area”, consisting of those improvements shown on Exhibit B and noted on Exhibit C for which Orono prohibited and permitted uses are described herein in Sections 3,4.3, and 5; and 3 3. b. “ Natural Area”, consisdng of natural upland, open space, and wetland areas outside of the Recreation Area, for which Orono prohibited and permitted uses are described herein in Sections 3,4.4, and S. These Areas are specifically depicted on the “Property Map” attached hereto as Exhibit B and incorporated herein by reference. LAND USE RESTRICTIONS. Except for affirmative rights retained by District under Section 6 of this Easement for the protection and enhancement of the Conservation Values of the Protected Property, the following constraints shall apply to the use of the Protected Property and to Orono and all persons acting under authority or control of Orono. Specifically, any activity on or use of die Protected Property that would contribute to the destruction of die Conservation Values is prohibited. Except as specifically permitted in Sections 4 and 5 below and without limiting the general prohibition above, restrictions imposed throughout the entirety of the Protected Property expressly include the iter^is listed immediately below. Additional Orono land use restrictions are further enumerated by Easement Area in Section 4 of this Easement. 3.1. Industrial Activity . No industrial use of the Protected Property is allowed. 3.2 Events . No organized events may take place which could impair the Conservation Values of the Protected Property. Limitations on organized events may be further developed in the Management Plan, as described in section 4.1 . 3.2 Residential Development. No residential use or development is allowed except as qtecifically permitted in Section 4 below. 3.3.Introduction Of Non-Native Animals. No introduction of non-native animals or unconfined household pets is allowed. This does not apply to pastured domesticated animals such as horses or other livestock subject to a Management Plan approved by the District in writing. Dogs may be allowed as permitted and conditioned in a Management Plan proved by the District and the City of Orono in writing. 3.4. Right of Wav . No right of way shall be granted across the Protected Property in conjunction with any use of any land other than the Protected Property. 3.5.Mining. No mining, drilling, exploring for or removing of any minerals fiom the Protected Property is allowed. Land disturbance is permitted as reasonably necessary to prepare a site for an improvement permitted under this Conservation Easement. J 3.6. 3.7. 3.8. "4: ■* 9 Subdivigion. The Protected Property may not be divided, subdivided, or partitioned. The Protected Property may be conveyed only in its entirety as a single parcel, regardless of whether it consists of or was acquired as separate parcels or is treated as separate parcels for property tax or other purposes. This provision does not, however prohibit the division of the Protect^ Property when a portion of the Protected Property is being conveyed to a conservation organization described in paragraph 9.1 of this Easement. IVngitv . No portion of the Protected Property may be used to satisfy land area requirements for property other than the Protected Property for purposes of calculating building density, lot coverage or open space under otherwise applicable laws, regulations or ordinances controlling land use. No development ri^ts which have been encumbered or extinguished by this Conservation Easement shall be transferred to any other lands pursuant to a transferable development rigiits scheme or cluster development arrangement or otherwise; provided, however, that with prior written permission of the District, this Section shall not preclude such transfer of development rights resulting from the voluntary extinguishment of any reserved development rights as provided for in Section 4.1 of this Easement. Water. There shall be no pollution, alteration, depletion or extraction of surface water, natural water courses, lakes, ponds, marshes, wetland, subsurface water or any other water bodies, nor shall there be activities conducted on the Protected Property that cause erosion or which would be detrimental to water quality or purity, or which could alter natural water level and/or flow in or over the Protected Property, except as follows: a. Activities approved in writing by District that restore or enhance wildlife habitat or native biological communities or that improve or enhance the function and quality of existing wetlands and water bodies on and off of the property. b. Activities undertaken in the exercising of rights reserved under item 4.1 of this Easement that might cause erosion or impact water quality on a temporary basis, provided that efforts are undertaken to limit the impacts of those activities. This does not allow activities that alter natural water bodies, lakes, ponds, marshes or wetlands. All activities permitted hereunder remain subject to the permitting requirements of the District and other governmental bodies. c. Activities approved in writing by District for the i epair, construction, and/or replacement of wells and septic systems pursuant to section 5.3 below. However prior approval shall not be required in the case of maintenance and/or repair of existing wells and septic systems that do not materially alter the size and/or design of said systems. Dumping . No trash, non-compostable garbage, hazardous or toxic substances or unsightly material may be dumped or accumulated on the Protected Property. 4. This does not prohibit burning, composting, or placement of excess brush or other plant material resulting firom activities permitted by this Easement provided that said burning or composting is located at least seventy-five feet from the edge of any wetland or lakeshore and is consistent with the property Management Plan. 3.10. Storage Tanka. There shall be no placement of underground storage tanks on, in, or under the Protected Prq;>eity. PERMITTED AND PROHIBITED USES: Qrono and all persons acting under authority or control of Orono; all lessees, agents, personal representatives, successors and assigns; and all other parties entitled to possess or use the Protected Property are subject to the following terms regarding use of the Protected Property. Permitted Uses Limited . Permitted uses on the Protected Property are limited to those uses specifically and explicitly permitted in this Conservation Easement, as those uses may be elaborated and coiiditioned in a written Management Plan agreed to and executed by Orono and the District, which plan may be revised or supplemented fiom time tr time (“Management Plan”). Any Management Plan will be consistent with the following principles: a. The Management Plan will authorize no activity that would materially impair a Conservation Value set forth in Recital D. b. The Management Plan will authorize no activity prohibited by this Conservation Easement. c. The Protected Property will be open to the general public for public uses consistent with the Conservation Values set forth in Recital D, specifically including passive, low-impact and non-motorized recreation; watercraft access; and public education. d. Structures and other improvements reason^ly necessary for permitted uses, including facilities for access by water, will be accommodate provided they are designed to avoid material impairment to a Conservation Value set forth in Recital D. e. Orono or its designee will retain the responsibility and authority to manage and maintain the Protected Property on a day-to-^y basis, and the Management Plan will accommodate activities and improvements reasonably required by Orono to do so. f. Orono and the District will work cooperatively and in good faith to develop it any Management Plan. 4.2 Existing Improvements. Exhibits B and C to this Conservation Easement, attached and incorporated herein, locate and specify existing improvements on the Protected Property and Orono’s rights and responsibilities relating to the f 4.3 maintenance, replacement and removal of those improvements. Orono has the n?ht to maintain and replace, without increase in dimension, any improvement not listed in Exhibit C and not otherwise explicitly addressed in this Conservation Easement. Pemitted and Prohibited Uses in Recreation Area . a. New structures. New structures may be constructed, maintained and replaced within the Recreation Area only in accordance with the terms of a Management Plan. Said Management Plan shall specifically allow the construction of a f ingle office/residence for a property caretaker which shall not exceed a building footprint of 1,500 square feet. b. Roads and Trails . Existing trails may be maintained or improved but may not be widened, lengthened, or relocated without the prior written approval of the District. Unpaved paths or foot trails may be established in the Recreation Area for recreational uses. No other roads or other rights of way may be established or constructr^d on the Protected Property without the prior written approval of the District and in accordance with the terms of a Management Plan. c. Fences. Fences may be constructed, maintained, improved, replaced or removed within the Recreation Area. d. Docks. Pursuant to the Management Plan, docks ju-e permitted within the dock envelope identified in Exhibit B. e. Additional Structures and Improvements. No temporary or permanent buildings, structures, roads or other improvements of any kind may be placed or constructed on the entire Protected ^perty except as specifically set forth in this Section and as consistent with the terms of a Management Plan. f. Vehicles. Within the Recreation Area there shall be no operation of mountain or other bicycles, dune buggies, motorcycles, all-terrain vehicles, snow mobiles, hang gliders, aircraft, or any other types of motorized vehicles. This prohibition shall also not apply to the use of vehicles in the Recreation Area by the City or its designees as necessary for park operations and maintenance. Nor shall this prohibition apply to the use of emergency vehicles for matters of safety. This provision shall also not apply to the use of personal motorized handicapped vehicles, such as those that would be considered durable medical equipment, on all weather trails as may be permitted in a Management Plan. A golf cart-type vehicle may be operated for handicapped access only on the concrete trail referred to in 4.4 b. above and noted on Exhibit B, pursuant to any limitations set forth in the Management Plan. Vi' '::>V j! ' i V. ..-H' ri- 'vS. - - pWPBF 4.4 g. Notice. Orono will give the District notice as set out in Section 9.8 of this Easement before beginning any construction activities permitted under this Section 4.3. Permitted and Prohibited Uses in Natural Area. a. Agricultural Use. No agricultural use is allowed within the Natural Area. This includes tilling, plowing, commercial cultivation of row crops, livestock or horse grazing or production, haying, feedlots, or gardening. Grazing animals may be used as a habitat management tool if pursuant to a property Management Plan approved in writing by the District. b. Rfta4« and Trails. If pursuant to a Management Plan, unpaved paths or foot trails may be established and maintained in the Natural Area for non* motorized recreational uses in a manner that does not negatively impact the Conservation Values of the Protected Property. Pursuant to a Manapment Plan, selected trails may be constructed of crushed limestone or similar all weaker surface capabk ot supporting handicapped access. As existing paved trails deteriorate, Orono may replace the existing surface material with non- bitiuninous materials such as crushed limestone or similar all weather surface capable of supporting handicsqsped access. The existing partial concrete sidewalk/trail leading from the planned dock area up a steep slope to the pavilion building, as noted on Exhibit B, may be reconstructed and/or expanded within the existing trail corridor with concrete or similar material to prevent erosion on the steep slope and/or to provide handicap access to the pavilion building. No other roads or other rights of way may be established or constructed within the Natural Area. c. Fencea. Within the Natural Area, fences may be constructed and maintained, improved, replaced or removed to mark boundaries, to secure the Protected Property, or as needed in carrying out activities permitted by Section 4.2 of this Easement. Notwithstanding, no fences may be located or constructed in a maimer that interferes with the use of the Protected Property as habitat for flora and fauna. d. StP’ctures and Improvements. With the exception of fences pursuant to paragnqrh 4.2.c above, and utilities pursuant to paragr^h 5.3 below, no temporary or permanent buildings, structures, roads, ri^ts of way. paricing areas, effectively impervious surfaces, or other improvements of any kind may be placed or constructed in the Natural Area. e. Vegetotion Management. Within the Natural Area, the Protected Property may be used to maintain, restore or enhance habitat for wildlife and native biological communities in accordance with a Management Plan. Orono may remove timber and other wood products and otherwise maiuge the vegetation within the Natural Area in accordance with said Management Plan, except that such approval shall not be required in the case of emergency fire breaks. . k 8 Beyond the foregoing, there shall be no removal, cutting, pruning, trimming or mowing of any trees or other vegetation, living or dead, and no introduction of non-native species is allowed within the Natural Area except as follows: i. In conjunction with a Maiugement Plan as specifically provided for above; ii. As reasonably required, subject to District prior and written approval per Section 9.8 of this Easement, to prevent or control insects, noxious weeds, invasive vegetation, or disease. However, said Management Plan shall not be required in the event of emergency situations; or iii. As reasonably required to prevent fire, personal injury, or property damage. f. Topogaphv and Surface Alteration. No alteration or change in the topognqihy of the surface of the Protected Property is allowed within the Natural A^ This includes no ditching, draining, diking or filling and no excavation, dredging, mining or drilling, or removal of soil, sand, gravel, rock, minerals, or other materials, except to the degree absolutely necessary in order to effect a use permitted under Section 4.2 of this Easement. Notwithstanding, with prior written approval of the City and the District, archeological digs may occur in a manner that does not impair the Conservation Values. g. Vehicles. Within the Natural Area there shall be no operation of mountain or other bicycles, dune buggies, motorcycles, all-terrain vehicles, snow mobiles, hang gliders, aircraft, or any other types of motorized vehicles. This prohibition shall also not apply to the use of vehicles for habitat restoration and property management subject to a Management Plan. Nor shall this prohibition apply to the use of emergency vehicles for matters of safety. This provision shdl also not «q>ply to the use of personal motorized handicapped vehicles, such as those that would be considered durable medical equipment, on all weather trails as may be permitted in a Management Plan. A golf cart- type vehicle may be operated for handicapped access only on the concrete trail referred to in 4.4 b. above and noted on Exhibit B, pursuant to any limitations set forth in the Management Plan. h. Chemicals. Except as specifically authorized for habitat restoration and management in a Management Plan, within the Natural Area there shall be no use of pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides, and no use of devices commonly known as "bug-zappers". i. Notice. Orono will give the District notice as set out in Section 9.8 of this Easement before beginning any construction activities permitted under this Section 4.4. 5.RESERVED RIGHTS. Orono retains all rights associated with Ownership and use of the Protected Property that are not expressly restricted or prohibited by this Easement. Orono may not, however, exercise these ri^ts in a manner that would adversely impact the Conservation Values of the Protected Property. Additionally, Orono must give notice to the District before exercising any reserved right that might have an adverse impact on the Cmiservation Values associated with the Protected Property. Without limiting the generality of the above, the following rights are expressly reserved throughout the entirety of the Protected Property and Orono may use and allow others to use the Protected Property as enumerated imme^ately below. Additional reserved rights are further enumerate by Easement Area in Section 4 of this Easement. 5.1. 5.2 Ri^t to Convey . Orono may sell, give, lease, bequeath, devise, mortgage or otherwise encumber or convey the Protected Property, provided written notice is provided to the District in accordance with Section 9.8 of this Easement. a. Any conveyance or encumbrance of the Protected Property is subject to this Easement. b. Orono will reference or insert the terms of this Easement in any deed or other document by which Orono conveys title to all or a portion of the Protected Property. Orono will also specify to what extent reserved rights have been exercis^ if at all, and are no longer available for use by the new Orono and which reserved rights are specifically allocated to the property being conveyed in accordance with other provisions of this Easement. Orono will notify the District of any conveyance within fifteen (15) days after closing and will provide the District with the name and address of the new Orono and a copy of the deed transferring title. The enforceability or validity of this Easement will not be impaired or limited by any failure of Orono to comply with this subparagraph. Recreational and Educational Uses. The Protected Property may be used for hiking, cross^untry skiing, camping, nature observation or study, and other similar low impact, non-motorized, recreational and educational programs or activities. 5.3. Utilities. Utility systems and facilities may be installed, maintained, repaired, extended and replaced within the Protected Property only to serve uses and activities on the Protected Property specifically permitted by this Easement. This includes, without limitation, all systems and facilities necessary to provide power, fuel, water, waste disposal and communication. The location of all wells and septic systems, including future replacement wells and septic systems, shall require the approval of the District, said approval not to ■ k 6. be unreasonably withheld. Utility systems and facilities shall be installed or constructed witfi minimal grading a^ disturbance to vegetation. Following installation or construction, the surface shall be timely restored to a condition consistent with the conservation purposes of this Easement. DISTRICT'S RIGHTS AND REMEDIES. In order to accomplish the purposes of this Easement, the District has the following rights and remedies. The District may not, however, exercise these rights in a manner that would adversely impact the Conservation Values of the Protected Property. 6.1. Preserve and Protect Conservation Values. The right to preserve and protect the conservation values of the Protected Property through the rights and remedies set forth below. 6.2. Right to Enter. The District, its agents, and authorized representatives, have the right to enter the Protected Property at reasonable times and in a reasonable maimer for the following purposes: a. To inspect the Protected Property, to monitor compliance with the terms of this Easement, and to enforce the terms of this Easement. b. To obtain evidence for use in seeking judicial or other enforcement of this Easement. c. To survey or otherwise mark the boundaries of all or part of the Protected Property. Any survey or boundary demarcation completed under Uiis provision will be at the District’s expense. d. To make scientific and educational observations and studies and taking samples in such a manner as will not disturb the quiet enjoyment of the Protected Property by Orono. e. The right to manage the wetlands, shoreland, and waterbodies on the Protected Property subject to ai^licable laws and regulations. Said management may consist of, but not be limited to: vegetative maintenance and management and hydrologic modifications. The District shall provide Orono with advance notice of any need to utilize heavy equipment for such management. hi addition to any rights of entry it has under statute, the District and its authorized agents shall have, in perpetuity, the right at reasonable times to cross and recross, on foot or by vehicle, and to transport equipment across the Protected Property or otherwise to exercise any right or responsibility under this Easement. The District will pay for or repair any actual damage to the Protected Property caused by its exercise of rights under this Section. i - - 6.3. I Right of Enforcement. The District has the right to prevent or remedy violations of this Easement through qtpropriate judicial action brought against Orono or other responsible party in any court of competent jurisdiction. a. Notice. The District may not initiatejudicial action until Orono has been given notice of the violation, or threatened violation, of this Easement and the time in which to correct the situation has been provided and has elapsed. This provision shall not apply if, in the sole discretion of the District, inunediate judicial action is necessary to prevent or mitigate significant damage to the Protected Property or if reasonable, good faith efforts to notify Orono are unsuccessful. b. Remedies. Remedies available to the Disuict in enforcing this Easement include the right to request temporary or permanent injunctive relief for any violation or threatened violation of this Easement, to require restoration of the Protected Property to its condition at the time of this conveyance or as otherwise necessitated by a violation of this Easement, to seek q>ecific performance or declaratory relief and to recover damages resulting from a violation of this Easement or injury to any Conservation Values protected by this Easement. These remedies are cumulative and are available without requiring the District to prove actual damage to the Conservation Values protected by this Easement. The District and Orono also recognize that restoration, regardless of cost, may be the only adequate remedy for certain violations of this Easement. The District is entitled to seek expedited relief, ex parte if necessary, and shall not be required to post any bond applicable to a petition for such relief. Notwithstanding Section 6.2.C, if such court determines that Orono has failed to comply with this Conservation Easement, Orono shall reimburse District for any reasonable costs of enforcement, including costs of restoration, court costs, in addition to any other payments ordered by such court. If such court determines that Orono has not failed to comply with this Conservation Easement, District shall reimburse Orono for any court costs, in addition to any other payments ordered by such court. c. Discretionary Enforcement. Enforcement of the terms of this Easement is solely at the discretion of the District. The District does not waive or forfeit the right to take any action necessary to assure compliance with the terms of this Easement by any delay or prior failure of the District in discovering a violation or initiating enforcement proceedings. d. Acts Beyond Orono’s Control. The District may not bring any action against Orono for any change to the Protected Property resulting from causes beyond ) J 7. 8. 9. Orono’s control, such as changes caused by fire, flood, storm, natural deterioration or the unauthorized acts of persons other than Orono or Orono’s agents, employees or contractors or resulting from reasonable actions taken in good faith under emergency conditions to prevent or mitigate damage resulting from such causes. e. Right to Report. In addition to other remedies, the District has the right to report any environmental concerns or conditions or any actual or potential violations of any environmental laws to appropriate regulatory agencies. 6.4. Siyna. The District has the right to place on the Protected Property signs that identify the land as protected by this Easement and/or advise of limitations on public use in accortoce with rqrplicable law. The number and location of any signs are subject to Orono’s approval, such approval shall not be unreasonably withheld. 6.5.Limitation on Rights. Nothing in this Easement gives the District the right or ability to exercise physical control over day-to-day operations on the Protected Property or to become involved in management decisions involving the use, handling or disposal of hazardous substances in day-to-day operations or to otherwise become an operator of the Protected Property within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act. PUBLIC ACCESS. The Protected Property shall be open to the general public on a non- discriminatory basis for public uses consistent with this Conservation Easement. Orono shall remain responsible for the management and maintenance of the Protected Property and public use thereof, and in its discretion may prescribe terms for the times, locations and conditions of public use, provided they are consistent with this Conservation Easement. DOCUMENTATION. The current uses of the Protected Property, the state of any existing improvements, and the specific Conservation Values of the Protected Property that are briefly described in this Easement are more fully described in a property report, TlTiJEPi*^ aad bATED on file at the office of the District. Orono and the District acknowledge that this property report accurately represents the condition of the Protected Property at the time of this conveyance and may be used by the District in monitoring future uses of the Protected Property, in documenting compliance with the terms of this Easement and in any enforcement proceeding. This property report, however, is not intended to preclude tlie use of other information and evidence to establish the present condition of the Protected Property in the event of a future controversy. GENERAL PROVISIONS. 9.1 . Assignment. If the District finds that is has become impractical or improssible to hold, monitor, and/or enforce this Easement, this Easement may be assigned or 4 -**-■ fransferred by the District with concurrence of the City, which shall not be unreasonably withheld, or through court order. Such assignment or transfer shall only be to a conservation organization which is a qualified organization under Section 170(h) of the Internal Revenue C^e and related regulations and which is authorized to hold conservation easements under Minnesota law. Any future holder of this Easement shall have all of the rights conveyed to the District by this Easement. As a condition of any assignment or transfer, the District shall require any future holder of this Easement to continue to carry out the conservation purposes of this Easement in perpetuity. The District will inform Orono in writing of a potential interest in assignment at least 90 days before an assignment is effective, and thereafter will meet with Orono at the request of either party to discuss issues related thereto. Orono will communicate its decision on concurrence to the District within 4S days of written notice from the District of an intent to assign that includes the identity and address of the assignee. Orono's failure to respond within 45 days will be deemed concurrence. Amendment. Under appropriate circumstances, this Easement may be modified or amended. However, no amendment or modification will be allowed if, in the sole and exclusive judgment of the District, it: (i) does not further the purposes of this Easement, (ii) will adversely impact the Conservation Values protected by this Easement, (iii) affects the perpetual duration of the Easement, or (iv) affects the validity of the Easement under Minnesota law or under Section 170(h) of the Interrud R^enue Code. Any amendment or modificiUion must be in writing and recorded in the same marmer as this Easement. Extinguishment. This Easement may be extinguished only through judicial proceedings and only under the following circumstances: a. This Easement may be extinguished only (i) if unexpected change in the conditions of or surrounding the Protected Property makes the continued use of the Protected Property for the conservation purposes set out above impossible or impractical or (ii) pursuant to the proper exercise of the power of eminent domain. b. Orono recognizes that uses of the Protected Property prohibited by this Easement may, in the future, become more economically viable than those uses permitted by the Easement. Orono also recognizes that neighboring properties may, in the future, be put entirely to uses not permitted on the Protected Property by this Easement. Orono and the District believe that such changes will increase the public benefit provided by this Easement. Therefore, such changes are not 9.4. considered unexpected changes and shall not be deemed to be circumstances justifying the extinguishment of this Easement as otherwise set forth above. Proceeds . Orono hereby agrees that at the time of the conveyance of this Easement to the District, this Easement gives rise to a real property right, immediately vested in the District, with a fair market value of said Easement as of the date of the conveyance that is at least equal to the proportionate value that this Easement at the time of the conveyance bears to the fair market value of the Protected Property as a whole at that time. !f this Easement is extinguished or terminated in whole or in part, the District is entitled to a portion of any proceeds of a sale, exchange or involuntary conversion in an amount determined on the basis of the proportitm of value that the easement bears to the remaining fee interest at the time the easement is conveyed. The District shall use its share of any proceeds in a manner consistent with the conservation purposes of this Easment. 9.5. Wa Orono represents and warrants as follows; a. Orono is the sole Orono of the Protected Property in fee simple and has the right and ability to convey this Easement to the District. b. The Protected Property is free and clear of all encumbrances other than those subordinated to this Easement, including but not limited to mortgages. c. Orono has no actual knowledge of any use or release of hazardous waste or hazardous suostatKes on the Protected Property for which a landowner may be subject to liability under the Resource Conservation and Recovery Act, the Comprehensive Environmental Re^nse, Compensation and Liability Act, or Minnesota Statutes 11 5B.02 (collectively referred to herein as “Hazardous Substances”) except as may be indicated in the Phase I Environmental Site Assessment prepa^ for the Big Island Board of (jovemors by Braun Intertec Corporation dated F^ruary 2,2(X)S, attached as Exhibit C to ^e Purchase Agreement governing this transaction. Orono warrants that it has no actual knowledge of any underground storage tanks located on the Protected Property. Orono will unconditionally defend, indemnify and hold the District harmless from and against and shall reimburse the District with respect to any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including attorneys ’ fees and costs) asserted against or incurred by the District by reason of or relating to the presence of Hazardous Substances on the Protected Pn^rerty. 9.6. Real Estate Taxes. Orono shall pay all real estate taxes and assessments levied against the Protected Property, including any levied against the interest of the District created by this Easement. The District may, at its discretion, pay any outstanding taxes or assessments and shall then be entitled to reimbursement from Orono. n ' I 9.7. If Orono becomes delinquent in payment of said taxes or assessments, such that a lien created against the land is to be executed upon, the District, at its option, shall, after written notice to Orono, have the ri^t to purchase or acquire Orono’s interest in said Protected Property by paying ftinds to discharge said lien or delinquent taxes or assessments, or to Udte such other actions as may be necessary to protect the District’s interest in the Protected Property and/or to assure the continued enforceability of dus Conservation Easement. Ownership Costs and Liabilities. Orono retains all responsibilities and shall bear all costs and liabilities of any kind related to the Ownership, operation, upkeep and maintenance of the Protected Property, including the maintenance of adequate conqnrehensive general liability insurance coverage. The preceding sentence shall not apply to any improvements constructed by the District under Section 6.2. Orono siutll be responsible for the day-to-day management and maintenance of the Protected Property with respect to, but not limited to, its public use. Orono agrees to release, hold harmless, defend and indemnify District fiom any and all liabilities including, but not limited to, injury, losses, damages, judgments, costs, expenses and fees which Districtmay suffer or incur as a result of or arising out of the activities of Orono on the Protected Property. District agrees to release, hold harmlf a, defend and indemnify Orono from any and all liabilities including, but not limned to, ipjury, losses, damages, judgments, costs, expenses and fees which Orono nuy suffer or incur as a result of or arising out of the activities of District on the Protected Property. Orono shall keep the District’s interest in the Protected Property free of any liens arising out of any work performed for, materials furnish^ to or obligations iiKuired by Orono. Nothing in this paragraph 9.7 of this Easement creates any right in any third parly, or waives or otherwise affects ai,y protections or immunities of Orono or the District with respect to any claims of third patties. 9.8. Notice and Approval. Any notice or request for an>roval required by this Easement must be written and is subject to the following: a. Delivery. Any required notice or request for approval must be delivered personally or sent by first class mail or other nationally recognized delivery service to the ai^ropriate party at the following addresses (or other address specified in writing): To Orono: City AdminisUator City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 To the District: Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 ► ■ 9.9. b. Timing. Unless otherwise specified in this Easement, any required notice or request for approval must be delivered at least 30 days prior to the date proposed for initiating the activity in question. c. Content. The notice or request for i^iproval must include sufficient information to allow the District to make an informed decision on whether any proposed activity is consistent with the terms and purposes of this Easement. At a minimum this would include (i) the location, nature and scope of the proposed activity, (ii) the proposed use, design and location of any building, structure or impro vement and (iii) the potential impact on the Conservation Values cf the Protected Property. d. Approval. District’s consent for activities otherwise prohibited under Sections 3 and/or 4 above, or for any activities requiring District’s consent under this Easement, may be given under the following conditions and circumstances. If, owing to unforeseen or changed circumstances, any of the activities listed in Sections 3 and/or 4 above are deemed desirable by Orono and District, District may, in its sole discretion, give permission for such activities, subject to the limitations herein. District may give its permission only if it determines, in its sole discretion, that such activities (I) do not violate the purpose of this Conservation Easement and (2) either enhance or do not impair any significant conservation interests associated with the Protected Property. The District may condition its approval on Orono’s acceptance of modifications, which would, in the District’s judgment, make the proposed activity consistent with the Easement or otherwise meet any concerns. Notwithstanding the foregoing, the District and Orono have no right or power to agree to any activities that would result in the termination of this Conservation Easement or to allow any residential, commercial or industrial structures or any commercial or industrial activities not provided for above. Binding Effect. This Easement shall run with and burden the Protected Property in perpetuity. The terms of this Easement are binding and enforceable against the current owner of the Protected Property, its lessees, agents, personal representatives, successors and assigns, and all other parties entitled to possess or use the Protected Property. This Easement creates a property right immediately vested in the District and its successors and assigns that cannot be terminated or extinguished except as set out herein. The fair market value of the District’s interest is at least equal to the proportionate value that the easement at the time of the donation bears to the value of the unrestricted property as a whole at the time of the conveyance of the easement, and this proportionate value shall remain constant. 9.10. Subsequent Transfers. Orono agrees that the terms, conditions, restrictions and purposes of this grant or reference thereto will be inserted by Orono in any subsequent deed or other legal instrument by which Orono divests either the fee i! simple title or possessory interest in the Protected Property; and Orono further agrees to notify District of any pending transfer at least thirty (30) days in advance. Ill- a 9.11. Merger. Orono and District agree that the terms of this Conservation Easement diall survive any merger of the fee and easement interest in the Protected ?mpeny. 9.12. Definitions. Unless the context requires otherwise, the term “Orono” includes, jointly and severally, the current owner or owners of the Protected Property identified above and their personal representatives, heirs, successors and assigns in title to the Protected Property. The term “District" includes the Minnehaha Creek Watershed District and its successors or assigns to its interest in this Easement. 9.13. Termination of Rights and Obligations. A party’s rights and obligations under this Easement terminate upon the transfer or termination of that party’s interest in this Easement or the Protected Pn^eity, provided, however, that any liability for acts or omissions occurring prior to the transfer or termination will survive that transfer or termination. 9.14. Recording. The District will record this Easement in a timely manner in the official records for the county in which the Protected Property is located. The District may re-record this Euement or any other documents necessary to protect its rights uiKler this Easement or to assure the perpetual enforceability of this Easement. Orono will cooperate as necessary to accomplish and effectuate acts of recordation under this Section. 9.15. Controlling Law and Construction. This Easement shall be governed by the laws of the State of Minnesota and construed to resolve any ambiguities or questions of validity of specific provisions in favor of giving maximum effect to its conservation purposes and to the policies and purposes of Minnesota Statutes Chapter 84C. 9.16. Permits and Applicable Laws. Orono and District acknowledge that the exercise by Orono of any reserved right enumerated herein or uses of the Protected Property even if consistent with the conservation purposes of this Easement shall not relieve Orono from complying with or obtaining any permit from any applicable governmental authority, including the District, prior to the exercise thereof. 9.17. Severability A determination that any provision or specific application of this Easement is invalid shall not affect the validity of the remaining provisions or any future application. .1 .1 9.18. raprimm The captions herein have been inserted soIcly for convenience of reference and are not a part of this Conservation Easement and shall have no effect upon construction or interpretation. F 9.19. AAtifinnal Documents. Orono agrees to execute or provide any additional documents reasonably needed by the District to carry out in perpetuity the provisions and the intent of this Easement, including, but not limited to any documents needed to correct any legal description or title matter or to comply widi any federal, state, or local law, rule or regulation. 19.20. Bntire Agreement. This document sets forth the entire agreement of the parties widi respect this Easement and siqiersedes all prior discussions or understandings. IN WITNESS WHEREOF, Orono has voluntarily executed this Conservation Easement on the day of________________, 2005. ORONO; STATE OF MINNESOTA ) COUNTY OF The foregoing instrument was acknowledged before me this___day of PM Notary Public My Commission Expires: ' V ♦ mm -ii '•» .‘j !•>: V':.' ■■ ■ - 1 i 4 ACCEPTANCE The Minnehaha Credc Watershed District herd>y accepts the foregoing Conservation Easement this___ day of ^2005. I MINNEHAHA CREEK WATERSHED DISTRICT STATE OF MINNESOTA ) )ss COUNTY OF__________) The foregoing instrument was acknowledged before me this 2005, by_______________________, the day of of the Minnehaha Creek Watershed District, a governmental body created under Minnesota Statutes 'Chapter 103D, on behalf of said governmental body. Notary Public k': ■ Exhibit A Property Description Insert legal description here .... - ■‘•V- . •■ ■ ;-v ::-o\ /• :^>v4\:.v ■• . 'I=y«jvil3i^;'mm .. A'."^'- i-.= :'i^. ■ V'' V. . i ’.*■ -f. '- wamm Iv'V '-^f^W.1* ; U W - if .'^ “:S€l .«.• '•■ !./i ••«>(, •- v5''3S^ . ':• ■■=• i‘.' 'H* t ■*.•>/•■• • •21 - Exhibits Property Map Luat Property Map showing Recreation Area, Natural Area, dock envelope, existing trails and their surfiroe material, trail allowed for concrete and golf-cart use, bald ea^e nest, and wetlands and lakes (or other resources with specific restrictions in the easement) within Natural Area. V.. • . ■-v-rV ■> W V:- 4.^ ► .tv-;, • .v:. :-': V I ■tv: *, y V ■ ■■■ •V-' Kxilibil C lixisting Improvements Improvement U ' Description Retention Plan 1 South Pavillion Keep 2 i Bathroom j Keep 3 North Pavillion I Keep 4 Office ' Remove 5 Bam I Keep only 1 of three sheds - which one to be detem 6 Bam 2 Keep only 1 of three sheds - w Inch one to be detenr 7 Bam 3 Keep only 1 of three sheds - which one to be detem 8 Temporary Trailer Keep - consider relocating 9 Mess Hall Remove 10 Cottage Remove 11 Cottage Remove Existing Improvements See Exhitxt C for List of Extsttng trnprovements and Retention P an 4 •• .T '• :•« :x> • Ks f I ;• Ii i . PROPERTY CONDinON CERTIFICATION This is to certify that , Orono, and representing the District, do accept and acknowledge the following attached report as an accurate description of the current land uses and physical features as of_____________on the_______________easement prcqjerty. The __pages (includingreport, which is attached hereto and made a part hereof, contains appendices) begiiining with this certification of condition; and including a summary shMt; a legal sununary setting fordi the easement’s restrictions and retained rights; a description of and background information on the easement including acquisition, location, tract description, physical environment, ecological features, man-made stfuctur^improvements a^ land uses affecting the easement; a state map showing the easement location; a toad timp showing legal access to the easement property; a portion of a uses topographic map showing tract boundaries; and a tracing (reduced) of a survey map of the________easement property. The tq>pendices include Appendix A: a copy of the recorded Easement; Appendix B: an aerial photograph of the easement area; Appendix C: a photostations map showing the location from which color slides or photos were taken; Appendix D: a ph^graphic data sheet; Appendix E: slides or photos of the easement property; and Appendix F: an ecological and man-made features map of die_________easement property. Orono District The Minnehaha Creek Watershed District Jy: ts: —‘—_ .... y ' ■ ^rl f i . 4 STATE OF MINNESOTA ) COUNTY OF On this day of ) ss: ^ 2000_, before me personally appeared L. Eric Evenson to me penonally known, who being by me duly sworn did say that he is the District Administrator of The Minnehaha Creek Watershed District, the agency named in die foregoing instrument; and acknowledged said instrument to be the free act and deed of said agency. . ‘ * < i ;i> ^ • Notary Public My Commission Expires: STATE OF COUNTY OF On this ) ) ss: day of _^ 200_, before me personally appeared __, to me personally known, who, being by me duly sworn, did ______________is the person named in the foregoing instrument, and acknowledged said instrument to be____free act and deed. depose and say that Notary Pubic My Conunission Expires: I..mmmmwm-mm ‘.iamm 'Mmmm COUNCVLWfft*® oa 2^®* f REQUEST FOR COUNCIL ACTION DATE: Octobif?X,?d05 1%ITEM NO: Department Approval: Nanw Lin Vee Tllto City Clerk Admialstrat Item Description: Utt of Licenses for CouncirApproval iratorRcv &rAooroval iewed: RESIDENTIAL KENNEL LICENSE 1. Laura Dotzenroth 3085 Casco Point Road COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed license. 5, Agenda Section: Licenses VJk t I KENNEL LICENSE APPUCATION ^ Effective Januaiy 1, 200^ to December 31, 20(0 Owner: L-.C3LU irTii^^ Property Address: C A A * A Mailing Address (if different): (include city and zip) V a ) d Zc^.-Vc^. ■t /VltO 5~539/ Phone: (home) (work), residential Kennel License Fee: $25.00 (payment must accompany application) MaximumNo. ofdopto be kept at one time: 3 (over 6 months of age) Ftinc^wl Breed: ^ rv>vx-^ur-<-J ------- Purpose for more than 2 dogs:^d&^s ^ Wr^ ^ ^ ^ Do|$ normiUy kepi: .^^Iiiside __keiinel scnicnitt!’b.rh .i Icoift, -Vitvvj. O-y COMMERCIAL Kennel license Fee: $150.00 (payment must accompany application) Name of Business:___________________________________ (± Business Activities:^_________________________:-------:------ C\^ (example: boarding, bieetUng, veterinary care, retail, etc.) OQ CK hfotmal Business Hours: After Hours Contact: (name)_ (phone). Dog runs/exercise areas are:____inside outside__both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel Ucense is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior lo license approval and at any other reasonable time during the license duration; and the undersign^ agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions Imposed by the City Council as part of any kennel license approval. \DDUlApplicant Date f/ir Cifv Vst. Kennel inspected by Recommends: Appro^l I ( Date ^ _ / ^ i ! \ I CITY OF ORONO *Check Detail Reglstei<§> COUHCIUWim9:56 AM (3 Page 1 OCTOBER 2001 to OCTOBER 200S ChaekAwt Invotct Commont OrtOfOOOMO 10100 PflmoiyCotli . ..................... ^ POM CM# OisiOI I ' 10/12)2065 FIRST NATIONAL B/^ $10,269.240101-21701 FoOafOlVVimhoWing 0101-21703 FICATaiWilhhoMing 0 101-21703 FICATolWilMioWing $4,919.92 $4,919.92 Totli FIRST NATIONAL BANK OF LAKES $20,101.09 PthI ChMi 081912 10/120609 ICMA RETIREMENT TRUST - 487 0101-21709 OllwrRalirtmani Total ICMA RETIREMENT TRUST • 487 $1.038 82 Paid CAM 081013" ' 16/12/2069 MN DEPT OF REVENUE 0101-21702 Staia WHMwMing Total MNOEPT OF REVENUE $4,411.01 $4,411.01 PaMChki'661014 i6/12)20M MN STATE RETIREMENT SVSTEM 0101-21718 Port Employmanl HaaHh ___ Total MN STATE RETIREMENT SYSTEM $321.18 Paid CMM 081919 10/120009 MTIONWIOfi RETIREmInT SOLthlON 0101-21709 Othaf Ratiiamam $1,990.00 0101-21709 Olhar RaUfomam ___ Total NATIONIIVIOE RETIREMENT SOLUTION $2,090.39 ■paW Cliki 681918 iO/iWOOf'ORCIURO T^ TRUSTEE/CUSf 0101-21709 Otkof RaktamaiH $3,032.88 Total ORCHARO TRUST CO. TRUSTEEWUST $3,032.88 rtwOd* 081917 ■ 10/V2)»6r>uiklCEM«.6YBBS 0 101-21704 PERA $7,989.58 0101-21704 PERA __ Total PUBLIC EMPLOYEES RETIREMENT $13,417 51 PoW Chkf 081918 10/120009 UNITED WAV 0101-21708 UnHadWay W.OO Total UNITED WAY $8800 Fund Summary 10100 Primary Caah $44,490.47 101 GENERAL FUND 10100 Primary Cash $44,498.47 $44,49847 FEDERAL W/H FICA 8 MEDICARE W/H FICA & MEDCR CITY SHARE DEFERRED COMP-302030 STATE TAX W/H poll ratiramant USCM - ENTITY 2339 OBRA #2343 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS I .> CITY OF ORONO i< '• 10/12/05 6:47 AM Pagel check register Ch«ek Number EmptoyM Mem# 8ILU8, BARBARA 0 VEE, LINDA 8. KUEHN.THOMA8M. OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L BOBZIEN.8UEA. BORIS. SCOTT W. CORNICK, JAMES L. DAY. SUSAN J. OEMBOUSKI, JAY C. FISCHER. CHRISTOPHER K. OOOO.STEPHANYR. MCNICHOLS. DAVID L. aROURKE. ASHLEY PHARO. CHRISTOPHER M RU8SETH.KYLEM. SCHOENHOFF. JOHN B. STEN8RUO. CHAO R. TOEWE, KIMBERLY 0. TOMCHECK. LAWRENCE F. TOMCZYK.MARKW. WHITE. ANTHONY J. WITTKE. ANTHONY A. KLI8ZCZ.OAVIOA CURTIS. MELANIE OAFPRON. MICHAEL P. QAPPA. GREGORY A. GIBBS. WiaiAMR GUNDLACH. JANICE J. MEYEA. WHXIAMC OMA.i LYLE E. DEIMERE. DONALD L. F/«8CHINO. GREGORY P. HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN. RANDY L. PALMER. GREGORY A. RATHBUN. BARRY J. PETcRSON, TAYLOR F MOORSE. RONALD J DODGE. RACHEL M LESKINEN. DENISE M. BOBZIEN. SUE A BORIS. SCOTT W ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T. MAOSON. ADRIENNE M MCNICHOLS. DAVID L MOROWCZYNSKI, JAMES TOMCHECK, LAWRENCE F GAFFRON. MICHAEL P OMAN. LYLE E VANG.BRUCE L GREGORY. JAMES 0 HANSEN. STEVEN OBRIEN RANDY L palmer. GREGORY A 004760 004761 004762 004763 004764 004768 004766 004767 004766 004760 004770 004771 004772 004773 004774 004778 004776 004777 004778 004779 004760 004781 004762 004783 004784 004768 004766 004787 004768 004760 004790 004791 004792 004703 0r<754 004798 004796 004797 004798 004790 004600 088412 088413 088414 088415 088416 088417 088418 089419 098420 098421 099422 088423 088424 088425 088426 058427 098428 089429 •y Check riod Amotmt 1603.61 91,11043 n 91.40916 21 91,231 14 21 91,095.09 21 91,626 69 21 9698.00 21 920.00 21 91.632.39 21 91.234.48 21 91.911.40 21 91.965.64 21 92.002 60 21 91.100.00 21 9634 27 21 91.344.64 21 91.439.49 21 91.629 32 21 91.359.13 21 91.276.08 21 9900.00 21 91.586.48 21 91,334.14 21 91,458.43 21 9282.64 21 91,370.23 21 9129.00 21 $1.893 95 21 $1,199.04 21 $1.374 77 21 $601.29 21 $1,400.00 21 $1,360.19 21 $1,006.02 21 $879 00 21 $1,646.22 21 $590 00 21 $400 00 21 $200.00 21 $44 25 21 $2.389 44 21 $1.069 89 21 $957 63 21 $138 22 21 $1,969.25 21 $1.784 48 21 $1.783 20 21 $1.61618 21 $626 53 21 $684 34 21 $1.82911 21 $480 56 21 SI.438 95 21 $35678 21 $1 385 08 21 $863 74 21 $417 01 21 $909 26 21 $793 39 Check Dale Check Statue 10/12/2005 Outetanding 10/12/2009 Outstanding 10/12/2008 OutsUnding 10/12/2009 OuUtanding 10/12/2009 Outstanding 10/12/2005 OuUlanding 10/12/2005 Outstanding 10/12/2005 OuUtanding 10/12/2005 OuUUnding 10/12/2005 Outstanding 10/12/2008 OutsUnding 10/12/2005 OuUlanding 1 C/12/2005 OutsUnding 10/12/2009 OuUtanding 10/12/2005 OuUUnding 10/12/2008 OuUtanding 10/12/2005 OuUUnding 10/12/2009 OuUUnding 10/12/2005 OuUUnding 10/12/2008 OuUtanding 10/12/2005 OuUUnding 10/12/2008 OuUtanding 10/12/2005 OuUUnding 10/12/2009 OutsUnding 10/12/2009 OuUtanding 10/12/2009 OuUUnding 10/12/2005 Outstanding 10/12/2005 Outstanding 10/12/2005 OuUtanding 10/12/2005 OuUtanding 10/12/2005 OuUUnding 10/12/2009 Outstanding 10/12/2005 OuUUnding 10/12/2009 OuUUnding 10/12/2005 OuUUnding 10/12/2005 OuUUnding 10/12/2005 OuUUnding 10/12/2005 Outstanding 10/12/2005 Outstanding 10/12/2005 OuUUnding 10/12/2005 Outstanding 10/12/2005 OutsUnding 10/12/2005 Outstanding 10/12/2005 OuUtanding 10/12/2005 OutsUnding 10/12/2005 OuUtanding 10/12/2005 OuUUndmg 10/12/2005 OutsUnding 10/12/2009 OuUUnding 10/12/2005 Outstanding 10M2/2009 Outstanding 10/12/2005 Outstanding 10/12/2009 Outstanding 10/12/2009 Outstanding 10/12/2009 Outstanding 10/12/2005 Outstanding 10/12/2005 Outstanding 10/12/2005 Outstanding 10/12/2005 Outstanding CITY OF ORONO check register 10/12/05 647 AM Page 2 dwek Pay Chack Chaek Numbar Impleya* Namt Ptrlod Amount OalaCItackStatuB 055430 RATHeUN, BARRY J.21 11.163.84 10/12/2009 Outstanding 055431 8KREEN. DALE 8.21 $1,132.29 10/12/2009 Outstanding 055432 ElOUM. PHILIP 21 $73.45 10/12/2009 Outstanding 055433 HAMBRO.MAR8HALU.21 $149.29 10/12/2005 Outstanding 055434JENSEN, ROONEY W.21 $149.29 10/12/2009 Outstanding 055435 MCINTYRE, WILLIAM E.21 $113.94 10/12/2009 Outstanding 055436 PEICKERT,GARYJ.21 $237 95 10/12/2009 Outstanding 055437 ROSS, JOHN A.21 $105.16 10/12/2009 Outstanding 055430 SCHNEIDER, LLOYD 21 $173.31 10/12/2009 Outstanding 055439 SMYTH, KATHERINE R.21 $47.15 10/12/2009 Outstanding 055440STEFFENHAGEN, RONALD 21 $1,409.23 10/12/2005 Outstanding 055441STORK, JOHN T.21 $106 08 $71,066.81 10/12/2005 Outstanding i ^1 '■■:■■ 'r'\i. r. ■'*•'•• *: ' 3:-^v ••:•:> > ■ •= * * : j v;t I Vi .>i - i •.•; •■i;. - :■■ sas S : : ^ V *,■■ i !; - '•• : ■ *• ;** • %f*:*- A ■• • *.• •••* ■ .‘.. ■■ -4. •':#*• • V ..:-r,: • ••■; '•= vj- • -i- ; • mMMmr.mmm ■■■Q M Ha£-‘ I._*ILJ9l ' ■ ' S' ■If i m CITY OF ORONO 10/2 V05 9.54 AM P«9t 1 ’Check Detail Register® CLOSiNO 2004 to OCTOBER 2000 CheeliAmt Invoice CemweM 0100 Prtmaiy Cath ........................ .. Wchki MIOOO ■ \winO0S POST BOARD E 101*42110-441 Ucanset & Taxes ToUl POST BOARD S90.00 Pharo Post License - Pharo 090.00 3aW Chk# 001919 10if24/2005 ACCURINT E 101-42110-311 Data Processing Communication Total ACCURINT $30 00 129729120050 Database Access - 9/20C5 sso.do' PaMChiii'do'lMO " lb/24/26M ALLEORAPRINTSIMAOINO E 101-41900-352 Printing 0 Publishing $1,980.90 234M Total ALLEORA PRINT 0 HNAOINO FaH Newsletter $1,980.90 PaM Chki 981921 10/24/2008 ANCHOR SCIENTIFIC E 602-49450-227 Utility System Maint. Supplies ToUl ANCHOR SCIENTIFIC $543.18 152837 $543.15 ” Float PaidChkS 081922 10/24/2005 ARAMARK REFRESHMENT SERVICES E101-41900-201 Omcasupplief UM 6013-503868 Coffee E 101-42110-201 Office supplies E 101-41900-201 Office supplies $118.95 6013-503870 Co ee E 101-42110-201 Office supplies ____M3.88_ 6013-506334 Fi ers Total ARAMARK REFRESHMENT SERVICES $192.70 PaM Chhi”oiei9231(W4)^" iMidiES MOBILE CHEF E 613-49900-093 Concessions For Resale-Txbl Total AUOIES MOBILE CHEF $27 76_ 27467 Hot Oogs. Cheesebu-gers PaM Chki 081924 10«4«bb8' BAVSIOE FLORAL E 101-41900-489 Otlior MaceSaneous Charges Total BAYSIDE FLORAL $62J0 40291 $62.30* Flowers - Cheswick PaM Chki 081925 ’ 10«^005 BONESTROO BOSENE S AS80C. G 601-16500 Fixid Atse!*Con»t. in progress G ©01-16500 FixtO At•et-Contt. in progrttt G 601-16500 Fixed A$»e1-Contt in pfogmt G 602-16500 Fixed AMet-Con»l. in progrett G 602-16500 Fixed A$»e!-Conf!. in progreti E 651-49910-304 Engineering-Consulting E 101-432V)-304 Engineering-Consulting E 601-49400-304 Engineertng-ConsuWing E 101-43280-304 Engineering-Consulting E 101-43170-303 Engineerng-Relsmer E 101-43280-304 Engineenng-Consuiung E 101-43280-304 Engineering-Consulting E 101-43280-304 Engineenng-Consulting E 101-43280-304 Engineenng-Consulting E 101-43280-304 Engineering-Consulting E 101-43280-304 Engmeering-Consuitir.g E 101-43280-304 Engineenng-Consulting E 101-43170-304 Engineering-Consulting Total BONESTROO R08ENE 6 ASSOC. S3.238 95 $4600 $51500 $253 00 $04 58 $31973 $134 00 $38521 $134 00 $138 44 $20100 $268 00 $67 00 $295 46 $402 00 $775 83 S2 201 02 $252 50 S9.721 72 122254 122255 122256 122257 122258 122259 122259 122259 122259 122259 122259 122259 122259 122259 122259 122259 122259 122259 TH17Wtr Mam Imp Birctt Lane Storm Swr Nav Tower Rehab Hwy 12 San Swr Rehab \n Webber Hills Sen Swr Ext North Farm Subd Slorm Swr-Offe 4203 North ihore Of plat 05-31 Navarre Vv fP Evaluation 774 Tonkawa Rd plat 05-3143 Counal Mtgs Aug 2005 1860 Shoreline Dr plat 05-3136 579 Mtka Highland! plat 05-314 1745 Fox SI plat 05-3097 3165 No Shore Dr plat 05-3135 WJM Properties plat 05-31 15 Stonebay out 02-2789 CreeksKJe Suod plat 04-3016 Review Weuand ^ . Peid Chki 081926 10/24/2005 BROWNELLS. INC E 101-42110-228 Training Supniies Total BROWNELLS. INC $5077 36S32I5 $50.77 Cotton Patches CITY OF ORONO 10/21/05 9 54 AM Page 2 *Check Detail Register® : n: 'h CLOSINO 2004 to OCTOBER 2000 I V Chocfc 4«it Involco Cowmtnt Paid CM(« 001027 10T24/2005 BUDGET PRINTING E 101-42110-201 Offioa *090110$ E 101-42110-322 Potlaga E 101-42110-201 Offio* lupplio* E 101-42110-201 Offio* Mipplits Total BUDGET PRINTING $72.25 6274 $9.42 6274 $186.04 6326 _$3yS 6365 $302 86 PaidChki 061ino' 1(V24l3d65 CARUON TfUCTORE EQUIP CO. £101-43000-221 Equipmani Part* E Accauofies $6333 7366 E 101-43000-221 EquipmanI Part* E Acc***oria* ____ Total CARLSON TRACTOR E EQUIP CO. $94 09 PaidChMI OSlOa' 10/24/2000 CONNELLY iNOUSTRUU. ELEC. E 602-49450-406 R*palr*/Mainl-Swr Hnaa/Kfl* $311.91 6390 E601-49400-405 Rap*lf*/W*im-Wat*fm*in*/planl ._•??? ToUl CONNELLY INDUSTRIAL ELEC. $63516 Paid ChkP 001930 10/24/2005 COUNTRY CAKE CUPBOARD E 101-41300-439 Maaltno E*P6i»« $20.00 10/10/05 E 101-41110-439 Maollng E*p*n*o* ____$46.00 10/10/05 ToUl COUNTRY CAKE CUPBOARD $60 00 Paid Chki 061931 10/24/^ COVERAU OF THE TWIN CITIES E 101-42260-407 J*nilOfl*l Safvic** $16 6.36 100509 ToUl COVERAU OF THE TWIN CITIES $186.38 Paid Chk# 081932 10/24/2005 CROWN MARKING INC. E 101-41900-201 Offio* auppko* 156455 ToUl CROWN MARKING INC. $16 77 Paid Chki 081933 16/24/2669 CULLIGAN E 613-49830-403 R*pair*/Mainl-Mi*c. Equip Total CULLIGAN $J2.60 350986 $72760 Paid Chki 081934 10/24/2005 O.M.J. CORPORATION 0402-20600 Contract* PayatH* E 402-48039-530 Othar Improvamani* Tout O.M.J. CORPORATION ($1.108 98; RFP2 $22,179.47 RFP2 $21.070 49 Paid Chki 081935 10fll4/2009 OCA - WIRE ONLY G 101-21719 OCA/Spanding Account* Total OCA-WIRE ONLY PaidChki 061936 10/24/2009 DELTA DENTAL G101-15996 Non-Employ** Health In* $71811 10/I3rt)5 $718 11 G 101-21709 Oantal ln*uranc* Total DELTA DENTAL $56 70 3677712 $1,531 70 3677712 $1.98840 Paid Chki 081937 1 0/24/2009 DEPT OF PUBLIC SAFETY E 101-42110-311 0*U PfOC***infl Communicalion ToUl DEPT OF PUBLIC SAFETY PaidChki 081938 10/24/2005 DEPUTY REGISTRAR £231-45650-441 Lican*** 8 Taxi* ToUl DEPUTY REGISTRAR PaidChki 081939 10/24/2005 ELECTRIC PUMP Medical/Alarm Form* Shipping ICR Fomi* 35.15 Thenno*tal. Connector Seal Protection GSilO Water Plant Condanaer Maat & Cheaa* - Atty Mtg MeatrtOhea** - WS Janitorial-10/2005 Nama Plata - E*au Softanar Sarvic* RFP 2 - Carlton Balffield Tr RFP 2 - Carlaon Ballfietd Tr FSA-10/13/05 Dental insuranc* 11/2005 Dental inturanc* 11/2005 $510 00 MN02715006C CJDM Chafge*-3fd QTR 05 S510 00 S17 50 C5-2569 S17.50 Title - 97 Pont ac • 05-2^9 jL CITY OF ORONO 10/21/09 9:54 AM Pag* 3 Check DetaH Registertg) CLOSING 2004 to OCTOBER 2009 E 602-49490-227 UlWIy Syalam Main!. Suppliet Total ELECTRIC PUMP Chock Amt Iwwte^Commont 9271.99 29955 LS Time Clocks 9271.59 >aid Chkf 091940 10^4/2005 EMERQENCY MITOMOmE TECH INC E 101-43000'222 VoWcIO Equipmeflt * Parts __09k i05-5 Total EMERGENCY AUTOMOTIVE TECH INC 917.92 Amber Lens ’aid CItki 091041 10/24/2005 ERICKSON. KURT £101*42110^37 Training 9 DevelopmenI Total ERICKSON. KURT 2 ‘< 00 10/6/05 $13.00 Henn Chiefs Meeting Paid Chkf 091942......10G4/^ EXCELSIOR FIRE OiSTRICf 0101*20200 Accounts Payable E 101-42280-226 Clothing 9 personal oquipmeni £101*42260*319 Other Prolsssional Senrices E 101*42260*401 Repairs/Malnt*Of9ce Equip E 101*42260-499 Other Miscellaneous Charges E 101*42260*437 Training 9 Development Total EXCELSIOR FIRE DISTRICT $5,037.42 $29.99 $60 00 $900.00 $514.61 $^230.00 '$1~2.392!62 8/10A)5 6/10rt)5 8/10rt)5 9/10/05 a/10rt)5 8/10/05 Turn Out Gear Unrforms Vaccination * Sampson Computer Set Up/Msint Map Board Trainlng/Testing PaidChka 091943 10/24/2005 FARNIOK. CORREY £101*42110*437 Training 9 Developmonl £101*42110*331 Travel Ekpenses Total FARNIOK. CORREY $1300 10/10rt)S $5.00 10/KV05 $19’00~ Parking for Training Parking Ti Paid ChiM'bSl'9M' * i0i24/2069 FSH COMMUNICATION £613*49930*321 Telephone Total FSH COMMUNICATION PaidChkil 091945 10/24^005 OSKSERVICEV E 602*49490*226 Clolhing 9 personal equipment E 613-49030*220 Clothing 9 personal equipment E 101*43000*221 Equipment Parts 9 Accessories F 101*43000*226 Clothing 9 personal equipment 6 601-49400*226 Clothing 9 personal equipment E 613*49030*226 Clolhing 9 personal equipment £ 601*49400*226 Clothing 9 personal equipmeni E 101*43000*226 Clothing 9 personal equipment E 101*41900*404 Repairs/Maint-BMgs/Grounds E 602*49450*226 Clothing 9 personal equipment E 101*42110*404 Repairs/Moin;-8ldos/Grouifos Total 0 9KSERVICES paid Chhe 091946 10«4.'2005 GENUINE PARTS CO. E 101*43000*?21 Equipme.il Ports 9 Accessories E 101-43000*221 Equipment Parts 9 Accessories Total GENUINE PARTS CO. ^56 58 1309 Phone * GS $58.58 S44.55 1006577803 Uniformi $6.34 1006577803 Uniforms $37.22 1006577803 Shop To^ls $8913 1006577803 Un:fo'mi $1485 1006577803 Untformt $6 34 1006584065 Uniforms $1552 1006584065 Uniforms $93.11 1006584065 Uniforms $103 90 1006584065 Mat Service $46 56 1006584065 Unrforms $1^08 1006584066 Mat Serv»ce $62160 $14.89 849558 Parts $47 91 850267 Suppires $62 80 ^ Paid Chue 081947 KW24/2005 OERRING’S CAR WASH - -t? M E 101*42110*402 Repairs/Maint-Auio Equip Total GERRING S CAR WASH $16 50 9/30/05 $1*6.50 Squad Washes PiK) Chk« 081948 10G4/2005 GOLF CAR MIDWEST E 613-4M30-415 Other Equipment Rentals Total GOLF CAR MIDWEST $1,600.00 9904 ‘$160000 " Golf Carts *9/2005 Paid Chkt 081949 10fll4/2005 GOPHER STATE ONE-CALL ■ ■*■'* CITY OF ORONO 10/21/05 0 54 AM Page 4 *Check Detail Register® CLOSING 2004 to OCTOBER 2008 E 8r2-494S0-489 Other Mtocillaneout Charges E601*40400^S Other MItcftaneous Charges Total GOPHER STATE ONE-CALL S348.6S 5090062 $340 65 5090662 $697.30 Paid ChW 061950 l6/24«b65 'HENNEPIN COUNTT INFO E101-42110414 EDP/Communications Equip Rent . ._S2^06^M 25098035 Total HENNEPIN COUNTY INFOR TECH DPT $2,069 58 Paid ChM Mi9Sr ’ i(W24/2db5 HENNERN COUNTY E 10141000-309 JaU Charges 8170.77 805 ToUl HENNEPIN COUNTY SHERIFF $17077 Paid Chlia 001952 10^4/^ HENNEPIN COUNTY TR-TAX PYR SRV E10141410-322 Postage , 10/13/05 Total HENNEPIN COUNTY TR-TAX PYR SRV $41.7'4 Paid Chki 061953 10/24/2005 HINSHAYV S CULBERTSON E 10143280-307 Leoal-ConsuRing E10143290-600 Special Profects. CofltingerKy E 10141600-305 Legal-Retainer E 65149910-307 Legal-Consuibng Total HmSHAWS CULBERTSON $1,977.00 10503649 $143.00 10503650 $1.30000 10503851 $93.» 10503852 $3.81326 PaUChii# 081954 ' 'l0/2«^ HYORO'METERING TECHNOLOGY E 60149400-227 UtNIy System Maint. Supp«es $96.66 E 60149400-227 UtWIy System Mainl. Supplies _ .S2j4?^1 30916 Total HYDRO METERING TECHNOLOGY $2,522.37 Paid ChM 001955 10/240005 IRRIGATION MANAGEMENT E 101411 104 Repairs/Maint-Bldgs/Grounds Total IRRIGATION MANAGEMENT $25000 16111 $25000 Paid ChM 081956 10040005 LAKE BUSINESS SUPPLY E 61349830-201 Office supplies Tc'4 LAKE BUSINESS SUPPLY $3682 80235 $3682 Ps21 Chki 081957 10040005 LAW ENFORCEMENT COMMITTEE E 10142110437 Training 6 Oevelopmeni Total LAW ENFORCEMENT COMMITTEE $2500 10/13X15 $2500 Paio Chki 081958 10/240005 LONG LAKE, CITY OF E 10142260 319 Other Prolessional Services E 10142260-319 Other Professional Services Total LONG LAKE, CITY OF $4.60744 20C50046 $43^76825 20050049 $48?37569 Paid Chki 081959 10/240005 LUBE TECH E 10143000-212 Motor Fuels 6 Lubricsnts Total LUBE TECH $41139 1232350 $411 39 Paid Chk« 081910 10/24/2005 MACA E 101421*0-437 Training 6 Dfvelopmam Total MACA $80 00 Orourke $8000 Paid Chki 081961 10/24/2005 MEDICA G 101-21706 Hospitahution/Medicai Ins G 101-15998 Non-Employee Health ins G 101-15998 Non-Employee Health ms Locates • 9/2005 Locates • 9/2005 Police Radios Jail Charges 9/2005 Postal Verification Cards Aug Res Reviews Big Island Vets Camp CounctI Mtgs - Aug 2005 Bird: Lane Storm Swr Meters for Resale Meters for Resale Winterize Sprinklers Calculator, Register Rolls School Safety Corf 3rd Qtr 2005 Navarre Payroll 4th Qtr 2005 Fire Services Oil. Washer Fluid 2005 Statutes & P Heakh $10 811 24 105305102552 Medica High -11/2005 $800 37 105305102552 Medica High -11/2005 ($374 75) 10S30S1025S2 Medica High • 11/2005 CITY OF ORONO ‘Check Detail Registei® CLOSING 2004 to OCTOBER 2008 10/21/05 9:54 AM Pages E 101-42110-139 City BeneW Coninbulion G 101-21706 HoepHallzalion/MeOical ln» 0101-21706 HofpNalteation/Madieal In* 0 101-19098 Non-EmployM Health Ins 0101-21706 Hospitaliielion/Medlcsl In* Tout MEDICA Check^t $374.79 $1,760.70 $11,381.77 $731.11 $731.11 iBvoje^Commenl 105305102552 Medica High • 11/2005 105305122585 Madica Low • 11/2005 105305125468 Madica Elect -11/2005 105305125488 Madica Elect -11/2005 105305134736 Mad i»»antial» -11/2005 $26.21630 0 602-20803 Due to govts-Motro E 602-49450-383 MWCC-Currant Charges Tout MET COUNCIL ENVIRONMENTAL 8VCS $3.500 00 808248 $2W|38JI5 808496 $28.83915 Lift Station Relocation Wastewater Charges -11/2005 Paid Chki 081063 10/24/2005 MINNEAPOLIS OJO/OEN COMPANY E 101-42110-221 Equlpmant Part* & Aecassoria* $2245 RI05050831 E 101-42110-221 Equlpmant Part* 4 Aecassofle* $21.73 RI06050839 E 101-42110-221 Eqiilpmanl Part* 4 AecaMOria* $82.80 RI06050839 E 101-42110-221 Equlpmant Part* 4 Aecassoria* .. .. .•I.®?® Total MMNEAPOU8 OXYOEN COMPANY $117 84 Cylinder Invoice Cylinders Oxygen Cylinder Invoice Paid Chki 08'1064 10^4/2005 MN DEPT OF REVENUE' R 601-39610 Miscaiianaou* Revenue R101-34210 General Taxable Saias/Sarvica G 613-20606 Due to Govis-Slala Salas Tax Total MN DEPT OF REVENUE $20.00 9Q009 $56.00 9/2005 $1,111.00 9«005 $1,187.00 ’ Sales Tax 9/2005 Sale* Tax 9/2005 Sales Tax 9/2005 « * Piid Chki 081965 10«4/2009 MN STATE BAR ASSOCIATION E 101-42110-208 Book* 4 Partodlc*l* 197711 Total MN STATE BAR ASSOCIATION $46 86 2005 Motor Veh Acc PMCtM 061966 \Q/24f2005 MOORSE.RON E101-42110439 Meeting Expanses E 101-41300-437 Training 4 Developmant Total MOOR8E, RON $124.26 10/50)5 $30.73 10/50)5 $154799' Carlson Arbitration Meals/Psrkmg T ramir.g Paid Chki 081967 10«4a005 MPWA E 101-43000-437 Training 4 Development Total MPWA $199.00 Gappa $199.00 MPWA Fall Conference Paid Chki 081968 10«^005 MR AUOIES COFFEE SERVICE E 613-49900-092 So« Onnk* For Resale Tout MR AUOIE8 COFFEE 8ERVICE Paid Chki 081969 10/24/2009 NAVARRE HARDWARE E 602-49450-227 Utility System Maint Supplia* E 601-49400-409 Rapsks/Msmt-Wstarmains/plani E 602-49450-403 Rap*ir*/M*int-Mi*c Equip E 101-42110-221 Eqwpmonl Part* & Accessorta* E 101-43000-221 Equipment Part* 8 Accessories E 602-49450-227 Utility System Maint. Supplies E 601-49400-227 Utility System Msmi Supplies E 602-49450-227 Ulikty System Main! Supplia* E 101-43000-224 Slraat Msmt Mataneis/Suppiy E 101-42110-201 Otfica supplies E 101-41900-223 Bldg/Orounds Maim Supplies E 613-49830-201 Otfice supplies Total NAVARRE HARDWARE $49 50 21650 $4850 Cotfea for Resale $201 $585 $1519 $987 $1056 $70 22 $70 23 $2125 $1127 $11 15 $6812 $10 72 $306 26 158017 158040 158332 156653 158785 158795 158795 158887 158923 15P928 158934 159327 Kay Soiv Weio Kii Ext Cord Hardware Squad Cleaning Supplies Paint PSOIOCkS PadlocKs Marking Paint Pamt Key* Furnace F liters Key, Cleaning Supply CITY OF ORONO *Check Detail Register® 10/21/05 9:54 AM Pag* 6 ■ CLOSINO 2004 to OCTOBER 2005 Ctiacfc Alwt Itn/otc* Comiwnt PsM ChM 001070 10/24/2005 NEXTEL COMMUNICATIONS E 101-41900>321 T*l*phon* E fl02-40450-321 T*l*phon* £613^9630-321 TeltplwiMI E 60149400-321 T*l*plMfl* Total NEXTEL COMMUNICATIONS $31552 $102 57 326100427-02 C*ll Phone* 326160427-02 C*H Phone* $4713 326160427-02 Cell Phone* $34J9 326160427-02 CeR Phone* 34M.41 PMCtiS 081971 ld/24j2005 NOR^ E10143000-240 SmaH Tools and Minor Equip Total NORTHERN-HSBC $1596 194033611 Vl5 96" Hammer Pad Chidi 001972 10/240005 O'SULLIVANS - HOLIO/tY 546 E 10142110-402 Repairs/Mami-Auto Equip Tout O'SULLIVANS-HOLIDAY 646 Paid Chki 061973 10/240005 O^ULLIvANS HOLIDAY 547 E 10142110-402 Repalr*/Malnl-Aulo Equip ToUl O'SUUIVANS HOLIDAY 547 Paid Chkf 001974 10040009 OFFICE DEPOT E 1014:900-221 Equipmant Part* & Aec***orie* E 10141900-221 Equipment Parts 3 AeeeMorie* Tout OFFICE DEPOT PNd Chiu "06lft75 i0O’4O005~W/tN. LYLE E 10142400-331 Travel Expenses E 10142400-331 Travel Expense* E 10142400-331 Travel Expense* E 10142400-331 Travel Expense* E 10142400-331 Travel Expense* E 10142400-331 Travel Expirfues E 10142400-331 Travel Expense* Tout OMAN, LYLE Paid ChM 001976 10/24/2005 PLUNKE1TS E 10141900-404 Rspairs/Mainl-Bldos/Ground* Total PLUNKETTS Paid ChM 081977 10/24/2005 PROLAWNS E 10141900-404 Repairs/Maint-Bldgi/Ground* E 10149200-404 Rapairs/Malnl-Bldgs/Ground* Tout PROLAWNS 11172 StZOfOS $1172 • • « Squad Washes $242.M 9/30rt)5 $242 20 Squad Washes ($32 94) 308619310 J»7J)8 306619311 ” S347i4 ’ Keyboard Tray Keyboard Tray $23 28 1047/05 $42.12 8/KVD5 $37.26 8/22A)5 $41.31 8/23/05 $20.86 9/19/05 $49 96 9/27/05 $5V41^ 9/7/05 ^%2^20 Mileage M^sage Mileage Mileage Mileage Mileage Mileage J207 68 798605 $207*68 Pest Cof^lroi 9/2005 $276 90 6907 W7925 ^^37 $756.15 Fertilize/Weed Control Fertiiize/Weed Control Paid ChM 001978 10/24/2005 PRUDENTIAL LIFE INSURANCE G 101-21710 Lila insurance G 101-21710 Lile Insurance Tout PRUDENTIAL LIFE INSURANCE $85 26 96234 $650 40 96234 $735 66 Lite insurance -10/2005 L^; insurance -10/2005 Paid ChM 061979 10/24/2005 SAFETY SIGNS E 602-49450-415 Other Equipment Rentals Tout SAFETY SIGNS $173 60 92265 $17360 Sarncaoes PaidChva 081960 10/24/2005 S/UMARATAN TIRE E 101-42110-402 Repairs/Mami-Auto Equal Total SAMARATAN TIRE S28J 96 275268 $287 56 Tires- Expeoiimn Paid Chkf 081961 10/24/2005 SBC PAGING ’S' CITY OF ORONO *Check Detail Registei^ 10/21/05 9:54 AM Page 7 CLOSINO 2004 to OCTOBER 2005 E 101-42110>321 Telephone Total 8BCPAOINO Paid Chkf 081902' '10/2^2005 SClUiBIWi »bi« E 015-49830-221 Equipment Parts 8 Acoeuoriea CheekAm^lnvoje^Comment $20 92 00009202010 police Pagers $2a92 lotai SCHARBERBOONS $13.43 2052401 $i3'.43' Bott. Pins Paid CliWi 081903 ' 10/24/2005 BCHAR8ER B 80NS/ROOERS E 101-43000-222 Vehicle Equipmeot B Parts __W 39 345120 Total SCHARBBR B SONS/ROGERS $0.39 Paid CiiMI 001984 l6«4«065 SEWER EOUlWElit OF AM^^ E 002-49450-222 VeWele Equipment B Parts _ $192.40 73410 Total SEWER EQUIPMENT OF AMERICA $192.40 \^»ctor Equipment Paid Chod 081985 ’10Q4«605 ST. cloud state univeiwity E 101-42110-437 Training B Development E 101-42110-437 Training B Development $598.00 10/9rt)5 $897 00 10/9rt» Driving School Driving School Total ST. CLOUD STATE UMIVEIIStTY S1.49S.00 Paid Chki 081986 lOad^OOS STREICHERS........... E101-42110-228 Clothing B personal equipment E 101-42110-226 CWhmg B personal equipment E101-42110-221 Equipment Pa.1s B AccessorlM E101-42110-220 Clothing B personal equipment Total STREICHERS ($26.57) 80956 l$138.40) 81702 $205.44 1294595 $m9S 1299087 $280 42 Credit on Account Credit on Account Speaker Assembly tn.*utaled Boots Paid Chkf 081987 10r24/2005 SUN FATRiot NEWSPAPERS E 101-42400-340 Oeneral Advertising E 101-42400-340 General Advertising E 101-42400-340 General Advertising E 101-41900-352 Printing B Publishing E 101-41900-352 Printing B Publishing Total SUN PATRIOT NEWSPAPERS $254.72 10/1/05 $47.76 WVQS $318.40 WM $83.58 9305 _$525_36 9405 $1,229.62 AppRcations Proposed Zoning Code Revision /tpplications Proposed Ccmp Plan Amend Ord #28 3rd Sones Child 061968' 10«4/2b05 T W TUPY INC. E 602-49450-227 UtUily Syslem MaM. Supplies E 651-49910-227 utilily Syslem Mamt. Supplies M Total TW TUPY me. $519.29 93005 $^14 93005 $1265.43 1 1/2“ River Rock Limestone Paid Chkf C81969 10/24/2005 THORPE DIST CO. E 613-49900-091 Beer For ResaiO ToUl THORPE DIST CO. 10/24/2005 TOMCHECK. LARRYPaid Chkd 081990 e 191-42110-437 Training B Development Total TOMCHECK. LARRY ■n > ( Paid Chki 081991 10/24«005 UNIFORMS UNLIMITED E 101-42110-226 Clothing B p.rsonal equvment E 101-42110-226 Clothing A personal eou ent E 101-42110-226 Clothing B personal equip - ml £ 10^ -42110-226 Clothing 8 personal equiprr jnt E *01-42110-226 Clolhing B personal equiprnent Total UNIFORMS UNLIMITED $57.00 389606 Beer for Resale $57.00 14177 10/11/05 Lunch • EMT Tranmg (7) $4177 $14 38 288061 Commendalii^n Bar - Comtcii $300 04 288065 Badges $4295 289046 Cap • Tomezyk $5950 269419 Uniform • Schoenhoff $3645 29l0o4 Refioith Baoge $453 32 pa*d Chua 08:992 10/24/2005 UNIV OF MINNESOTA F CITY OF ORONO *Check Detail Register® 10/21/05 9:54 AM Pages CLOSING 2004 to OCTOBER 2005 CheckAmt toveiee Cemment E 101-42110^37 TraMng 0 Oevelopmefit E101-42110437 Training 0 Ofvelepmcnt E10142110437 Training 0 Otvelopment Total UNIV Of MINNESOTA S75.00 942424 575 00 942432 $75.00 944130 5225.00' Toward Zero Deaths - Russeth Toward Zero Deaths • Day Toward Zero Deaths • McNichols PaW ChkS OO'loin *10/24/2005' WUTS'lbE'wmLESALETIRE E101-43000-222 Vehicle Equipment A Parts _ <29.^3 556839 Total WEST8IDE WHOLESALE TIRE 529.13 PaMChkf OBim 16/24/2665 WHITE, tony' E10142110437 Training S Oevalopmsm I Total WHITE, TONY 5138^ 10/14/05 $1*38.90 Paid Chki 081995 10/24^005 XCEL ENERGY E 61349830-381 E 30249450-381 E 60149400-381 E 10141900-381 E 10143000-396 E 10142110-381 E 10142260-381 E10142110-381 E 10149200-381 E10142110-381 GasOElectrie Gas A Electric Gas A Electric Gas A Electric Street Lighling Gas A Electric GasAEIeelrie Gas A Electric Gas A Electric Gas A Electric Total XCEL ENERGY 5708.76 $1,835.36 54.61400 51,703.43 51.396.41 5692.82 544347 5392.12 522 85 59.39 511.818.61 pild Chitf 681996 '16/24/2065 YAHOO E101-42110-307 Legal-Consulling Total YAHOO 5^37 44181 520.37 Paid Chk#'081997 10/24/2005 YELLOW BOOK USA E 013 49830-340 General Advertising Total YELLOW BOOK USA 56S.M 303866 $6998 10100 Primary Cash 5188.945.55 Fund Summary 10100 PnmaiyCash 101 GENERAL FUND 5116.988 38 231 DRUG/FELONY FORFEITURE FUND $17 50 402 MUNICIPAL ST AID ST CONSTRUCT $21.070 49 601 WATER OPERATING FUND $12.154 07 602 SEWER OPERATING FUND $33,684 02 613 GOLF COURSE $3.87196 651 STORM WATER UTILITY OP FUND $1,159.13 5188.945 55 Tire Repair Uniform Items 51-6985570-1 51-6985570-1 51-6985570-1 51-6985570-1 51-6985570-1 51-6985570-1 51-6965570-1 51-6965570-1 51-6985570-1 51-6985570-1 Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Elecirical Service Electrical Senrice Electrical Service ICR 054963 - Information Roq Directory Advertising INFOM^TlbN fTEMS COUNCIL MEETING COOHt't OCI otwof®’®'* r . COUNCIL MEETING OCT 2 4 2005 OTYOFORONO % % - October 14,2005 State of Minnesota Lieutenant Governor Mail Stop 100 395 John Ireland Blvd. St, Paul, MN 55155 qOUNCW. MEETING vQCJ 24i» CITYOFOBONO The highway 12 bypass project at Long Lake, MN has been an ongoing insult to the residents of Orono, Maple Plain, Long Lake as well as commuters that had to endure this project. This is compounded by the total disregard of the motoring public inconvenience. Yesterday they decided to start the fourth stop light within about a mile of highway 12, This was started and not adjusted to improve traffic. It was just turned on and they walked away. It took me forty minuets to go less than two miles. I was in the stopped traffic with thousands of other irritated motorists. Wasting our time and fticl. I can not fathom starting any machine and walking away without checking for adverse actions or consequences. Bob McFarlan, Pat Hughs, Lucas Smith, Dan Penn and others had no interest of my concerr of this irresponsible action. One Fellow, Chad Balfanz actually expressed interest and was helpful. Chad should be commended and should replace persons above him that don t care. I have heard excuses from painting the white stripes and wet roadway to committed schedule to open this intersection. They said that it should be expected to require some adjustments. When a hazard is created the source shouid be removed until it can be dealt with, K was realized that this improperly controlled intersection was conflicting with traffic flow it should have been returned to out of serviw and someone that can handle this project should have been brought in to rectify the situation. The Cities of Orono and Long Lake have expressed MNDOT’s total disregard or interest to cooperate with problems. Sincerely. Dave Peterson 2625 Fox Street Wayzata, MN 55391 Copy: Sen. Gen Olson. Rep.Barb Sykora. Long Lake Mayor Randy Gilbert. Omno Mayor Barb Peterson. Sun Newspapers. Lakeshore Weekly News 1 L__— r r ? HELD ON SEPTEMBER 26.200S ^ The regular meeting of the Board of Education of Orono Independent School Distncth^HOdO 278 was held on Monday. Sq>tember 26.2005. Present: Jack Veach Michele Kunz Karen Orcutt Jtdm Malone Martha Van de Ven Neal Lawson Dick Lewis Member Mike Bash joined the meeting in progress UPON MOTION Martha Van de Ven. seconded by Michele Kunz. the consent agenda was approved as follows . ^proved the minuter of September 12.2005. regular meeting; • approved the bills as covered by vouchers 143179 through 143433. Motion carried. REFERENDUM - PUBLIC HEARING: The Board received a recortunendation that the October 10. 2005 regular meeting be dedicated as a public meeting to offer information regarding the upcoming referendum. UPON MOTION by Dick Lewis, seconded by Mike Bash, the Board approved October 10.2005 as a public hearing. Motion Carried. 2005 PAYABLE 2006 PROPERTY TAX LEVY: The Board received a reconunendation to rqrprove the proposed 2005 payable 2006 property tax levy for the maximum levy. Mr. Neal Lawson provided itiformalion to the Board regarding the property tax levy stating that the recommended action is for the '‘proposed” levy only, and that the official certified lev}' will be acted on at the December meeting. UPON MOTION by Martha Van de Ven, seconded by Dick Lewis, the Board of Education approved the proposed 2005 payable 2006 property tax levy for the maximum levy. Motion carried. ANNUAL REPORT- The Board received a reconunendmion to approve the firuU draft of the 2004-2005 annual report. Dr. Orcutt stated that the draft the Board had received in their packets was being presented for approval at this meeting. UPON MOTION by Michele Kunz. seconded by John Malone, the Board of Education approved the 2004-2005 Armual Report, as amended, and directed administration to distribute it to residents of the Orono School District. Motion carried. UPON MOTION by Michele Kunz. seconded by Mike Bash, the meeting was adjourned to a Board of Education workshop session. Motion carried. Michele Kuru. Clerk Jack Veach. Chair